Assisting Detained Crew Abroad: Responsibilities of the Company and the Crew

Tankiti Jumpakag

September 18,2024

Assisting Crew Members Detained Abroad: The Responsibility of the Company and Crew

When crew members work on a ship that docks in a foreign port, the right to leave the ship and explore the port city is something many look forward to after working hard. However, sometimes these excursions can lead to unwanted situations, especially when crew members are unaware of local laws, which can result in unintentional violations and subsequent arrest.


Real-Life Example Scenarios

For instance, there have been cases where Thai crew members were detained by foreign police for offenses such as smoking in public, littering in rivers, eating during fasting periods in certain countries, or even boarding trains without purchasing a ticket. These may seem like minor infractions in some countries, but in others, they are considered serious violations, leading to fines or arrests for the crew.


The Role of the Company in Assisting the Crew

In such cases, many might wonder if the company would offer assistance. This depends on each company's policy, as most companies clearly outline conditions for assisting crew members who break laws abroad. One example from a contract of a foreign company states:


"If the Seafarer is fined personally by any Authority or a Government or Harbour Body for breach of any laws, rules or regulations or any other misconduct then the Company shall not reimburse the Seafarer for such."


This means that if a crew member personally violates the laws of a foreign country, the company will not be responsible for paying fines or any costs related to the infraction. However, the company may send an agent to help with bail, but any fines will be deducted from the crew member's own earnings.

Preparation Before Leaving the Ship

Therefore, before crew members leave the ship to explore foreign port cities, they should thoroughly research the laws and regulations of that country. In some places, even minor offenses can result in hefty fines, sometimes reaching hundreds of thousands of Baht. Being prepared and cautious is essential to avoid facing unexpected situations.


Conclusion

The arrest of crew members in foreign countries due to local law violations is a possibility, especially if they are unaware of the laws of the country. The company may assist with bail, but fines and related costs will be the crew's responsibility. Therefore, to avoid such issues, crew members should prepare and carefully study the local laws of the country they are about to visit.