B12. Does the MLC, 2006 apply to offshore resource extraction or similar vessels?
The question whether the MLC, 2006 applies to offshore resource extraction or similar vessels (e.g., MODUs and dredgers) or vessels that are not self-propelled will depend on two factors: whether the vessel is considered “a ship” under the relevant national law and the location of its activities. The Convention leaves, to be decided by reference to the relevant national law or practice and court decisions, the more general question of whether, or the circumstances in which, a particular waterborne vessel would be considered “a ship”. If the vessel is considered a ship, it would then be necessary to see whether it should be a ship covered by the MLC, 2006. This would depend upon whether or not it “navigates exclusively in inland waters or waters within, or closely adjacent to sheltered waters, or areas where port regulations apply” [see B4.].
Questions about the workers and the ships covered by the MLC, 2006