You are berthed in Las Palmas, preparing to depart on an Atlantic crossing. Your chief officer reports that the port-side midship freeboard mark is partially obscured by a recently applied antifouling patch. He also flags that the fore peak watertight hatch has a cracked rubber compression seal, and that two ventilator cowls on the foredeck are missing their closing devices. The vessel is surveyed under the Load Line Convention. Do you sail?
As Master, the decision is yours alone. These are not cosmetic issues — they are items directly underpinning the legal validity of your Load Line Certificate and, more importantly, the actual watertight and weathertight integrity of the vessel.
The Load Line Certificate and what it certifies
The Load Line Certificate (International Load Line Certificate, ILLC) certifies that the ship has been surveyed and that the assigned freeboards and the freeboard marks are correct. It also certifies that all the conditions of assignment — the structural and weathertight arrangements that justified the assigned freeboard — are maintained. The certificate is only valid while those conditions are maintained. If you sail with defects that breach conditions of assignment, the certificate is effectively invalidated and the vessel is unseaworthy in law.
Freeboard marks: the painted assignment
The deck line, load line disc (Plimsoll mark) and zone lines must be permanently marked and plainly visible. A mark obscured by antifouling paint is not plainly visible. A port-state control officer sighting this at the next port could detain the vessel. Before departure you must ensure the marks are clearly visible: clean off the patch or remarking the loadline position accurately. You cannot sail until the mark is legible — it is a condition of assignment.
Hatch and closing appliance integrity
Watertight integrity of all openings below the freeboard deck, and weathertight integrity of those above it, are conditions of assignment. The fore peak watertight hatch with a cracked seal is a weathertight/watertight closure failure. On an Atlantic crossing this represents a direct flooding risk. The seal must be replaced before departure — this is not deferrable.
Ventilators and closing devices
Ventilators fitted with closing devices are a specified condition of assignment under the Load Line Rules. Missing cowls that carry closing devices mean those openings cannot be shut in heavy weather. If the closing devices are integral to the cowl, they must be replaced or blanked and alternative ventilation arranged with the surveyor's acceptance. Do not sail without them.
The Master's legal position
Under the Merchant Shipping (Load Line) Regulations (implementing the Load Line Convention), it is the Master's duty not to proceed to sea if the ship is loaded beyond the load line or the conditions of assignment are not met. ISM reinforces this: you must not proceed with a known deficiency affecting seaworthiness without authority from the Company, the classification society or the flag state — and no authority can override a statutory prohibition. Record everything: defects found, actions taken, surveyor attendance if required, and the delayed departure in the Official Log Book.
Checklist of load line items to know for the oral
- Freeboard marks: legibility, position, permanence
- Hatches and companionways: condition of seals/closings, securing arrangements
- Ventilators and air pipes: height, closing devices operational
- Freeing ports and scuppers: not blocked, flap valves free
- Watertight doors, manholes and flush scuttles: seals and dogs operational
- Sidescuttles (portholes): deadlights available and operational below freeboard deck
- Stability information: approved booklet on board, master familiar with it
- Draught and freeboard: not loaded beyond the applicable zone line for the season and area of operation