Law history
The legacy of Titanic tragedy and maritime law
Sajid Hussain
THE tragic shipwreck of RMS (Royal Mail Steamer) Titanic has left an indelible imprint in the maritime history. A century elapsed; still it attracts the people around the world. Countless books, fictional novels and movies have been generated out of it. On the other side, the Titanic tragedy reinforced the maritime safety! The tragic disaster prompted the international community to seriously revise their laws concerning the safety of life at sea.
White Star Line's enormous luxury liner Titanic was the grandest ship of her time. She commenced her maiden voyage from Southampton, England on April 10th, 1912. Making stops at Cherbourg, France and Queenstown (now Cobh), Ireland headed for her final destination in New York. Shortly before midnight on April 14th, the ship struck an iceberg, opening six of its sixteen watertight compartments to the sea. The Titanic sank in just under two hours, taking with her 1,502 out of the 2,207 passengers and crew.
Inquiry
Immediately after the accident, investigating committees were formed in both sides of Atlantic. In America, Senator William Alden Smith of Michigan conducted his six weeks long investigation from April 18th. Focal point was 'how' it happened. Smith and his committee began questioning certain individuals (such as J. Bruce Ismay, chairperson of the White Star Line, all the surviving ship's officers, and prominent passengers). A total of 82 witnesses were interviewed. The British Board of Trade (BOT) inquiry began on May 3rd, 1912 that lasted five weeks. The focal point was 'why' it happened. 96 witnesses were interviewed; most of them officers and crewmembers from the Titanic, Carpathia (rescuing ship), and Californian (rescuing ship).
American and British - both the inquiries devoted a great deal of time towards making recommendations concerning the safety of life at sea. Both committees concluded that the existing regulations were far outdated and needed immediate revision. Additionally, they also focused on the conduct of wireless operators, actions to be taken by ship captains in presence of ice, lifeboat regulations, and shipbuilding codes.
New Radio Act
The American inquiry committee made several recommendations that become part of the Radio Act of 1912. It was urged that direct communication should be established between the wireless room and the bridge by means of a telephone, voice tube, or messenger. Auxiliary power sources should be installed to keep the wireless working at all times. In response to the third International Conference on Wireless Telegraphy, held in London shortly after the Titanic disaster, the British inquiry committee made its own recommendations regarding wireless regulations. All ships should be fitted with wireless equipment; a sufficient number of trained operators should be provided to ensure continuous operation and service of the wireless; and where practical, a silent room for “receiving” messages should be installed.
International Ice Patrol
An international conference on the safety of life at sea met in London on November 12th, 1913. It produced an agreement to establish a permanent ice patrol in areas deemed the most dangerous to shipping, signed on January 20th, 1914. On February 7th, the United States Coast Guard assumed responsibility of running the International Ice Patrol (IIP). The patrol's functions are specifically outlined by both United States law and international treaties.
Lifeboats
The Titanic was fully compliant with the lifeboat regulations of the day, yet carried only sixteen of them, enough to hold 1,178 personsand the Titanic was booked with 2,207 passengers and crew. However, due to the reluctance of many passengers to leave the ship, believing that it was unsinkable, nearly all the lifeboats were lowered away without their full complement of passengers. At the end, only 705 were saved.
Both the American and British inquiry committees made numerous recommendations towards the revision of existing lifeboat regulations. The American committee proposed that every ship carry sufficient lifeboats to hold all passengers and crew onboard in the event of an emergency. No less than four crewmembers with knowledge of handling boats would be assigned to every lifeboat, and lifeboat drills for the crew would be conducted and noted in the ship's log a minimum of twice a month. Both crew and passengers would be assigned to lifeboats before the start of the voyage; the assignments would be allocated as to provide passengers the shortest route possible to a lifeboat, and both assignments and directions to the lifeboats would be posted in each stateroom.
The British committee's plans for revising lifeboat regulations were much more detailed. Lifeboat accommodation on passenger ships would be based on the projected number of passengers to be carried, rather than tonnage, and such accommodations would be considered independently of the subdivision of the ship into watertight components. In special cases where the BOT believed the provision of lifeboats for all on board to be impractical, requirements would be altered accordingly. This involved changing the sizes and types of lifeboats on board, changing the manners of stowing them, or setting aside an entire deck to the storage of lifeboats and the drilling of the crew. All lifeboats would be fitted with a “protective fender” or bumper, to prevent damage when being lowered.
Revised shipbuilding regulations
The American inquiry set forth the following recommendations: All steel ships carrying more than one hundred passengers should have an interior watertight skin in the form of bottom or longitudinal bulkheads extending no less than ten percent of the load draft above the full-load waterline. The watertight skin should run from the forward collision bulkhead to no less than two-thirds the length of the ship. Bulkheads should be spaced so that any two adjacent compartments could be flooded without destroying the stability or “floatability” of the ship. Watertight transverse bulkheads should extend between each side of the ship and attach to the outside hull. Transverse bulkheads surrounding the ship's machinery should continue vertically to the uppermost continuous structural deck, which should be made watertight as well. Bulkheads near the machinery should extend no less than twenty-five percent of the ship above the load waterline, and all should end at a watertight deck. All watertight decks and bulkheads should be able to withstand water pressure equal to five feet more than the full height of the bulkhead without critical damage, and smaller bulkheads should be tested by subjection to actual water pressure.
General recommendations
Both the American and British inquiry committees made a number of general recommendations. By law, the United States accepted the inspection certificates of foreign ships whose home countries had similar inspection laws. The committee proposed that unless other nations saw fit to alter their inspection laws accordingly as well, such “reciprocal arrangements” would end. No ship would be licensed to carry passengers from American ports until it conformed to the rules and regulations set forth by United States law. In addition, each steamship carrying a hundred or more passengers should be equipped with two electric searchlights to aid in the detection of ice and other potential obstacles. Firing rockets or other distress signals for any reason other than to communicate an emergency should be made a misdemeanour.
The British recommendations included: all lookouts should undergo sight tests at regular intervals. On all ships, a police system should be devised to ensure control on board in times of emergency. All steamship companies should include in their regulations that when ice has been sighted near or in the path of a ship, the ship should either alter its course to steer well clear of the danger or proceed at moderate speeds during nighttime. All ship captains should be made aware that under the Maritime Conventions Act of 1911, it is considered a misdemeanour to not aid a ship in distress when it is possible to do so. All regulations required of emigrant ships should also apply to all foreign-bound passenger liners.
Final words
Finally, the recommendation was made that an international conference should be convened to establish common laws concerning construction of ships, provision of lifeboats, installation and operation of wireless sets, courses of action in regards to ice, and the use of searchlights. In the years that followed, the joint recommendations of the American and British inquiry committees were passed into law by nations around the world. This heralded a commitment to the continuing preservation of safety of life at sea that has continued to this day. Since the implementation of the International Ice Patrol, no ship that has heeded its warnings has been lost or damaged near the Grand Banks. All passenger ships are now required by law to carry enough lifeboats for everyone on board, and they all have exact guidelines to follow in any type of emergency. The days of ship owners conducting “business as usual” are gone. This is the Titanic's enduring living legacy. And it is indeed to this day, there has never been another tragedy quite like that of the RMS Titanic.
The author is Marine Engineer and Chartered Marine Technologist & Commandant, Marine Academy Bangladesh.
