PROTECTION OF SEAMEN [ S.L.234.28 1
SUBSIDIARY LEGISLATION 234.28
MERCHANT SHIPPING (PROTECTION OF 
SEAMEN) REGULATIONS
1st January, 2003
LEGAL NOTICE 255 of 2002.
Short title.
(Protection of Seamen) Regulations.
Interpretation.
requires -
Cap. 234.
''fishing vessel'' shall have the same meaning as the term “fishing
boat” under sub-article 206(6) of the Act, and the term ''fishing''
shall be construed accordingly;
''seaman'', shall include every person employed or engaged in
any capacity on board a ship as part of the ship’s crew, including
the master of the vessel and any apprentice:
Provided that the term shall not be deemed to refer to:
( a ) pilots;
( b ) persons engaged to work in ports in repairing,
cleaning, loading or unloading vessels;
( c ) persons employed on board by an employer other than
the ship owner;
( d ) members of the ship-owner’s family.
Applicability of 
regulations.
Cap. 318.
3. Without prejudice to the provisions of article 168A of the
Act, these regulations shall apply to any seaman engaged to work
on board any sea-going ship registered under the Act, which is
engaged in the transport of cargo or passengers for the purpose of
trade, or any other commercial purpose, in so far as the Social
Security Act does not apply to him:
Provided that these regulations shall not apply to seamen
engaged to work on board:
(i) ships under 24 metres in length;
(ii) fishing vessels;
(iii) pleasure yachts;
(iv) oil rigs and drilling platforms when these are not
engaged in navigation;
(v) warships;
(vi) vessels engaged in the services of the
Government of Malta, or nay of its departments
or authorities, where the said vessels are not
engaged in trade or employed for any other
commercial purpose.
2 [ S.L.234.28 PROTECTION OF SEAMEN
Board and lodging 
and wages.
4. Without prejudice to article 158 of the Act, in the event of
any sickness, disease or injury suffered by any seaman, the ship
owner shall, on the same basis as provided in the said article of the
Act:
( a ) provide, at his own expense, for adequate board and
lodging for such seaman;
( b ) pay such seaman who is, by reason of such sickness,
disease or injury rendered incapable for work;
(i) wages for such time as the seaman remains on
board; and
(ii) without prejudice to article 142 of the Act,
where the said seaman is no longer on board, a
sum of money equivalent to the wages
(exclusive of bonuses) that, but for his sickness,
disease or injury, would have accrued in his
favour during the continuance of his sickness,
disease or injury, or during a period of 12 weeks
whichever period is the shorter:
Provided that where the seaman entitled to receive such
payment mentioned in paragraph (ii) hereof has remained on board
for any period of time following the onset of his sickness, disease
or injury, any wages received during such period shall be deducted
from any payment to which he would be entitled in accordance with
paragraph (ii) hereof.
Insurance. 5. For the purposes of article 168A if the Act, the Registrar
may at any time, and in particular, whenever he is requested to
issue or renew any certificated of registry issued to a ship under the
Act, demand evidence that adequate insurance cover has been duly
obtained and is in effect covering the liability risks which are
contemplated in article 168A of the Act.
Penalty. 6. In the event of any contravention of the provisions of these
regulations, the ship-owner shall be liable to the payment of a fine
(multa) of one thousand liri.
