A—7a

Article 2 1. This Convention applies to every vessel, whether publicly or privately owned, which is—(a) Mechanically propelled ; (b) Registered in a territory for which the Convention is in force ; (c) Engaged in the transport of cargo or passengers for the purpose of trade ; and (d) Engaged in a voyage by sea. 2. This Convention does not apply to — (a) Vessels of less than 500 gross register tons ; (b) Wooden vessels of primitive build such as dhows and junks ; (c) Vessels engaged in fishing or in operations directly connected therewith ; (d) Estuarial craft. Article 3 This Convention applies to every person who is engaged in any capacity on board a vessel except—(a) A master; (b) A pilot not a member of the crew ; (c) A doctor; (d) Nursing staff engaged exclusively on nursing duties and hospital staff; (e) Persons whose duties are connected solely with the cargo on board ; (/) Persons working exclusively on their own account or remunerated exclusively by a share of profits or earnings ; (g) Persons not remunerated for their services or remunerated only by a nominal salary or wage ; (h) Persons, excluding those in the service of a wireless telegraphy company, who are employed on board by an employer other than the shipowner; (i) Travelling dockers (longshoremen) not members of the crew; (j) Persons employed in whale-catching, floating factory or transport vessels or otherwise for the purpose of whaling or similar operations under conditions regulated by the provisions of a special collective whaling or similar agreement determining the rates of pay, hours of work and other conditions of service concluded by an organization of seafarers; (k) Persons who are not members of the crew (whether working on or off Articles) but are employed while the vessel is in port on repairing, cleaning, loading or unloading the vessel or similar work or on port relief, maintenance, watch or caretaking duties. Article 4 In this Convention — (a) The term " officer " means a person other than a master who is described in the ship's articles as an officer or who is serving in a capacity which by law, collective agreement or custom is recognized as that of an officer; (b) The term " rating " means a member of the crew other than a master or officer and includes a certificated seaman ; (c) The term " able seaman " means any person who by national laws or regulations, or in the absence of such laws or regulations by collective agreement, is deemed to be competent to perform any duty which may be required of a rating serving in the deck department other than the duties of a leading or specialist rating ; (d) The term " basic pay or wages " means the remuneration of an officer or rating in cash, exclusive of overtime, premiums or any other allowances either in cash or in kind.

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