The Cruise Safely Guide

THE

CRUISE SAFELY GUIDE

B E P R E P A R E D F O R Y O U R N E X T C R U I S E A D V E N T U R E

CRUISESAFELY.COM

“ W H E N P R E P A R I N G T O T R A V E L , L A Y O U T A L L Y O U R C L O T H E S A N D A L L Y O U R M O N E Y . T H E N

T A K E H A L F T H E C L O T H E S A N D T W I C E T H E M O N E Y ”

– S U S A N H E L L E R

CONTENTS

1. WHAT THIS GUIDE OFFERS YOU. . . . . . . . . . . . . . . . . 4

2.STAYING WELL ON A CRUISE. . . . . . . . . . . . . . . . . . . 7

Review the CDC Travel Site for Preventative Recommendations . . . . . . 8

Carry an Extra Supply of Medication. . . . . . . . . . . . . . . . . . . . . . 9

Take Your Vitamins. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 9

Stay Hydrated .. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 10

Watch for the Warning Signs of Heat-Related Illness .. . . . . . . . . . . . 11

Limit Sun Exposure .. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 13

Wash Your Hands! . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 14

Use Alcohol in Moderation .. . . . . . . . . . . . . . . . . . . . . . . . . . . 16

Check Your Health Insurance Plan Regarding Coverage. . . . . . . . . . . 17

Onboard Medical Facilities: What You Should Know. . . . . . . . . . . . . 18

Facilities Vary from Ship to Ship . . . . . . . . . . . . . . . . . . . . . . . . 19

Most Cruise Lines Voluntarily Align Care Standards with the ACEP.. . . 20

Cruise Medical Facilities Are Not Regulated. . . . . . . . . . . . . . . . . . 21

3.SAFETY STANDARDS FOR SHIP OPERATION. . . . . . . . 23

Cruise Incidents Lead to Cruise Standards: the SOLAS Agreement.. . . 25

New Passenger Drill Guidelines Emerge: Lessons from the Costa Concordia. . . . . . . . . . . . . . . . . . . . . . . . . . . . 26

4.CRIME AT SEA: RIGHTS AND SAFETY PRACTICES .. . . . 28

U.S. Law Does Not Necessarily Apply: Questions of Jurisdiction .. . . . 30

The Cry for Safety Protocols: U.S. Cruise Vessel Security and Safety Act (CVSSA) .. . . . . . . . . . . . . . . . . . . . . . 32

Safety.Mandates.for.Ship.Design.and.Procedures. . . . . . . . . . . . . . 33

Mandatory.Care.in.Sexual.Assault.Cases . . . . . . . . . . . . . . . . . . . 34

Requirements.for.Crime.Reporting.. . . . . . . . . . . . . . . . . . . . . . 37

Strategies for Avoiding Assault .. . . . . . . . . . . . . . . . . . . . . . . 38

Practice.Situational.Awareness. . . . . . . . . . . . . . . . . . . . . . . . . 38

Limit.Your.Alcohol. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 39

Don’t.Misperceive.Your.Sense.of.Safety. . . . . . . . . . . . . . . . . . . . 39

Beware.of.the.“Love.Boat”.Effect . . . . . . . . . . . . . . . . . . . . . . .40

Talk.to.Your.Kids.About.Assault.Risks. . . . . . . . . . . . . . . . . . . . . 41

Keep.the.Peace.with.Family! . . . . . . . . . . . . . . . . . . . . . . . . . . 42

Secure.Your.Valuables. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 42

5.THE BUSINESS OF SAILING TO PORTS OF CALL AND THE PERCEPTION OF RISK . . . . . . . . . . . . 44

Cruise Lines Assess and Manage Risk Differently. . . . . . . . . . . . . . . 46

The.Influence.of.Logistics.and.Laws.on.Perception.of.Risk. . . . . . . . . 47

Review all Travel Warnings and Evaluate Desired Ports . . . . . . . . . . . 49

Double-Check Your Facts. . . . . . . . . . . . . . . . . . . . . . . . . . . . 50

Reevaluate Your Choice Prior to Your Final Payment and Departure. . . . 51

6.PIRACY AND TERRORISM . . . . . . . . . . . . . . . . . . . . 52

Locations Where Most Piracy Occurs . . . . . . . . . . . . . . . . . . . . . 54

Antipiracy Measures that Enhance Ship Security. . . . . . . . . . . . . . . 55

7.DOING YOUR HOMEWORK IS YOUR BEST INSURANCE!. 57

WHAT.THIS.GUIDE.

OFFERS.YOU

6

TH E C R U I S E SA F E LY G U I D E

When you book your cruise trip, the last thing you want to do is consider what might go wrong.

You may feel that the likelihood of becoming sick or injured is a long shot: “That

could never happen to me!” Understandably, you want to focus solely on the good

time ahead. However, the reality is that the sheer number of people on a modern

cruise ship—a Disney Cruise Line cruise might have over 1,000 school-age

children on board, for example—increases the probability that some kind of illness

or accident requiring medical treatment is possible. Sometimes that required

medical treatment addresses a life or death situation.

We are pro-cruise and believe that the cruise industry provides a safe and

enjoyable vacation. We recognize, however, that cruising carries some risk. Even

a Lamborghini with all its bells and whistles comes with seat belts and air bags!

Although ship incidents attract a lot of attention in the media, cruise travel is very

safe compared to other vacations. We describe a few serious cruising incidents in

this guide, but we do so to illustrate how the cruising industry has responded with

enhanced ship features, safety protocols, and medical provisions. These incidents

are the exception to the rule, and be reassured that the cruising industry takes

them—and your safety—seriously.

7


When you choose to travel on a cruise ship, informing yourself of risks, safety

features, your rights, and any steps you can take to minimize your own personal risk

will ensure you have the most enjoyable and healthiest trip possible. This article

helps you make informed decisions about what to consider before you travel, such

as how you can reduce your likelihood of becoming ill or victimized by crime, and

what you can expect from onboard medical facilities and crew personnel.

The guide is a good starting point for researching your vacation. It gives you

some important safety information you need to know to minimize your overall risk;

endnotes and links provide more detail if you want to learn more about particular

incidents. Our website, CruiseSafely.com, is written by cruising experts and

covers a broad range of safety issues and current industry trends. We suggest you

subscribe to stay up on the latest cruising news and recommendations.

STAYING.WELL.ON.A.CRUISE

9


You spend thousands of dollars on your cruise, and you do not want to get sick while cruising. You can minimize your risk by following a few steps both before your travel and during your cruise.

REVIEW THE CDC TRAVEL SITE FOR PREVENTATIVE RECOMMENDATIONS

Review the Center for Disease Control (CDC) travel website (http://wwwnc.cdc.

gov/travel) to see what they recommend you do, if anything, before arriving at your

specific destination. For most people, few precautionary measures are necessary

before embarking on a cruise.

However, diseases can be brought aboard by passengers—even diseases not

typically considered a threat anymore. For example, measles, which for years

was thought to be eradicated in the U.S., reemerged in this country in 2015. The

CDC recommends that you have at least the basic vaccinations. Most of us have

had vaccinations for measles, mumps, rubella, polio, and so on as children, and a

tetanus booster might to be the only additional measure you need to take. However,

six months before your cruise, discuss your destination and current health history

with you doctor, who is the most qualified person to advise you.

10


CARRY AN EXTRA SUPPLY OF MEDICATION

As you prepare for your cruise, obtain an extra supply of any medication that you

need in case some of it is lost. If you are travelling with others who have their own

carry-on bags, ask someone in your party to carry the extra supply for you in case

your bag is lost.

TAKE YOUR VITAMINS

If your cruise has you changing climates, your body might be stressed. If you do not

take a vitamin regimen, ask your doctor if it is a good idea to start one.

11


STAY HYDRATED

Most people are not well hydrated and many could even be considered borderline

dehydrated. Distracted on a cruise and busy with excursions—often in hot, sunny

climates—you can forget to drink water. Dehydration can cause a number of

symptoms, from overall weakness and headaches to irregular heartbeat. Severe

dehydration is a medical emergency and, if not properly treated, can result in

permanent damage to your body. Dehydration also accelerates the progression

of heat illnesses. Hydration is the most simple of the preventive steps to stop

dehydration.

Although the needs of each individual are different, drinking 2 to 3 quarts of

water spaced over a day, beginning when you wake up in the morning, is a good

recommendation. Thirst is an early warning sign of dehydration, but unfortunately,

your mind sometimes misinterprets thirst for hunger. At the first signs of hunger, sip

some water. Also, control your alcohol and caffeine consumption, because they help

speed the loss of water from your body.

12


WATCH FOR THE WARNING SIGNS OF HEAT-RELATED ILLNESS

Heat illnesses, resulting from water or salt depletion in the body after exposure to

high temperatures and humidity, are a common occurrence on cruise ships in warm

weather climates. Certain medical conditions, age (very young or very old), and

some medications can make you more susceptible to heat illness. If you are going

to a hot climate, check with your doctor about precautions you should be taking

in a hot climate, know the symptoms of heat illness, get out of the heat as soon as

possible, and take the recommended steps for cooling the body down.

Heat illness is progressive, beginning with sometimes mild cramping, intensifying

to heat exhaustion (typically under conditions of physical exertion), and finally

ending in heat stroke, which is a medical emergency and can damage vital organs

including the brain if not addressed promptly.

13


Heat exhaustion can result from water depletion or salt depletion. Water depletion

is the most common cause because most people get enough salt in their diet.

Symptoms of water depletion include excessive thirst, headache, nausea, and

weakness. Salt depletion causes nausea and vomiting, muscle weakness, muscle

cramps, and dizziness. Heat exhaustion also causes dark-colored urine (due to

dehydration), confusion, pale skin, rapid heartbeat, and fatigue. To treat heat

exhaustion, drink plenty of f luids (no alcohol or caffeine), even substituting an

electrolyte-rich sports drink if advised by your physician during periods of extreme

heat and humidity. Remove tight clothing. Take a cool shower, bath, or sponge bath,

and cool off using ice towels or fans.

One rule of thumb is that if these measures do not help within 15 minutes, seek

medical help to reduce the possibility that heat exhaustion progresses to life-

threatening heat stroke. The humidity plays a role in the progression from heat

exhaustion to heat stroke. Humidity above 60 percent slows the cooling process, at

which point the sweating process slows or stops, rapidly increasing the body core

temperature.

14


LIMIT SUN EXPOSURE

A few common illnesses related to sun and heat that you could experience while

on a cruise ship are more common on certain itineraries then others. The chances

of overexposure to the sun, for example, are greater in the Caribbean than in the

Norwegian Fjords. Too much sun exposure can result in a range of mild to serious

issues; some such as sun poisoning require medical attention. When progressed,

a few of these conditions are life threatening. Limit your time in the sun, especially

during midday; use PABA-free, broad-spectrum sunscreen with an SPF of at least

30 to protect you from both UVA and UVB rays; and know the warning signs for skin

overexposure so that you can seek prompt medical attention.

Photodermatitis is an abnormal skin reaction to UV rays. You can develop a rash,

blisters, scaly and itchy skin, and/or discoloration at the exposed site. If you do not

address this condition, it can progress to sun poisoning, characterized by nausea,

fever, headache, and dizziness. If your condition progresses to sun poisoning, treat

it as a medical emergency and seek immediate attention.

15


Polymorphous light eruption (PLE) occurs when the skin becomes sensitized

to sunlight. This condition can produce a red rash, including hives and blisters.

Although the skin is red, it is not burned. PLE is common in the northern hemisphere

in the early Spring as the light becomes more direct and can also develop when you

suddenly increase your exposure to daylight, which applies to many of you winter

cruisers. Certain medications and other substances can make the effect more

pronounced; know which of yours contain a light-sensitivity warning. Treat PLE as

you would a normal sunburn. The rash disappears in about 10 days.

WASH YOUR HANDS!

Norovirus, which is the most common viral gastroenteritis, spreads via

contaminated food and person-to-person contact. Prisons and schools, followed in

incidence by health care centers, are the primary sources of outbreaks—less than

1 percent of norovirus outbreaks actually occur on cruise ships. However, because

of the confined spaces on a ship, the extended period of time people are on board

ship, the heavy reporting of cases by the media, and CDC-mandated reporting of

outbreaks to the CDC (the CDC must inspect a ship reported as having norovirus

before the ship can leave port again), virus outbreaks on ships are big, publicly

visible incidents. Thankfully, you can take a few steps to limit your exposure and

reduce your chances of getting the bug.

16


At a school, the sick children stay home; on a cruise, sick individuals try to get the

most they can from the cruise and move around the ship when they should stay in

the stateroom. Because you cannot control what other passengers do or where they

go, your first line of defense is soap and water. Wash your hands fully before meals;

washing them after meals doesn’t hurt either.

Although considered a foodborne virus, you are more likely to contract it from

the serving line than from the food itself. Alcohol-based sanitizer is a good germ

combater over the course of the day but is not as effective as soap and water.

Whenever possible, avoid being packed into spaces with other people. Even though

the virus is a contact-based illness, recent studies have suggested that the virus can

remain airborne for a period of time. If one of your party becomes ill, take extra

precautions. Handle soiled clothing with gloves because vomitus has a very high

concentration of the virus.

17


USE ALCOHOL IN MODERATION

Overindulgence on a vacation is common, and overindulgence in alcohol is no

exception. However, alcohol poisoning can happen in less than an hour and can

be fatal. According to a January 2015 report from the CDC, the United States

averages six deaths a day from alcohol poisoning. A British National Health Service

(NHS) report in 2014 stated that alcohol poisoning was the reason for over 84,000

admissions to U.K. hospitals in 2013, with almost 4,000 of them being children. A

number of deaths related to alcohol occur each year on cruises. Alcohol is a factor

in most accidents and crimes on a ship and can contribute to heat illness. The wisest

advice is moderation.

Alcohol poisoning occurs when the Blood Alcohol Content (BAC) reaches a tipping

point and your body functions start shutting down. The driving under the inf luence

(DUI) level is at .08% BAC and can be reached by ingesting just a few drinks in one

hour. At .08%, your judgment is impaired, and it becomes increasingly difficult to

concentrate and to understand the effects of the alcohol on your body. Around the

.13% BAC level, you are at the “sloppy drunk” stage. You are unable to express

yourself in full sentences and lose motor control to a point that prevents you from

walking normally. At this BAC level, most people pass out. Scientists peg .25%

BAC as the point at which there is the risk of death or permanent injuries, and

18


most research places .32% BAC as the point of no return. These are, of course,

statistical representations, and each person’s body reacts differently. Death resulting

from body organs shutting down has been documented when BAC is as low as 17

percent. The most common scenario ending in death starts with heavy and rapid

drinking leading to an individual passing out. As that individual sleeps, his or

her body starts metabolizing the alcohol, which in time will lower the BAC. The

problem is that the alcohol still in the drinker’s stomach has not been absorbed. If

the absorption rate is higher than the metabolic rate, the BAC will continue to rise

leading to a life and death situation.

CHECK YOUR HEALTH INSURANCE PLAN REGARDING COVERAGE

Providing medical care on board a ship is expensive for a number of reasons. For

example, the ships must stock a range of different medicines but often only one or

two of each type. Medications have a shelf life, in some cases less than a year, so

cruise lines need to price medications to cover the stock that expires.

Most healthcare plans do not cover medical service on board a ship, and this alone

should be good incentive to be cautious and take care of yourself while on board.

Check your insurance policies, and if necessary, purchase additional insurance. You

don’t want to get stuck with a huge bill if you can help it.

19


ONBOARD MEDICAL FACILITIES: WHAT YOU SHOULD KNOW

On a cruise, you are unlikely to have a health crisis such as those described in the

preceding sections, but the potential does exist. Cruise ships are stable, but they

do move, and people can slip and fall. Some cruise lines attract an older clientele,

many of whom can have mobility challenges and use assistive devices such as

canes or walkers. Alcohol, as discussed earlier, can be a factor in unfortunate

incidents, as can food overindulgence and family stress. People have a higher

percentage of cardiac episodes than at any other time of the year during holidays

such as New Year’s Eve, Christmas, and the Fourth of July. The conditions that

increase the risk of a medical emergency during these holidays are often present on

a cruise. It’s important to know what kind of care you can expect, and what kind of

care will not be available, on your ship.

20


FACILITIES VARY FROM SHIP TO SHIP

Over 150 cruise ships around the world follow policies outlined in the Health

Care Guidelines for Cruise Ship Medical Facilities. Because so many ships are

currently sailing, making a judgment about all medical centers on these ships

is irresponsible. You might assume that the medical center on a cruise ship is

sophisticated and can handle any emergency. However, these facilities are not

hospitals but rather a combination of clinic and emergency care. Some newer, larger

ships do have medical centers, and even trauma centers, that rival hospitals in small

towns. And some of these ships have more people aboard than live in many small

towns! These larger vessels have state-of-the-art facilities that are able to connect

to remote specialists. However, some of the smaller ships, such as expedition-type

ships, have very limited facilities and staff.

21


MOST CRUISE LINES VOLUNTARILY ALIGN CARE STANDARDS WITH THE ACEP

The good news is that the cruise line members of Cruise Lines International

Association (CLIA), which represents most cruise lines, have voluntarily aligned

themselves with American College of Emergency Physicians (ACEP). This is one of

the largest medical organizations in the world; they set the standards for emergency

care in the United States and they are the certifying board for emergency

physicians. The U.S. Department of Health and Human Services (HHS), which

includes the United States Public Health Service (USPHS) and the CDC, recognizes

physicians who belong to the ACEP as emergency physicians.

The ACEP designated a committee that, in cooperation with the cruise lines,

created standards of care, including equipment requirements that apply on cruise

ships. Minimum staffing levels, required certifications, and pharmacy stocks are

also included in these standards. The guidelines provide not only typical clinical

services for the passengers and cruise, but also emergency care, and they are

scaled—although they do not address facilities for major surgery, they do address the

stabilization of cardiac cases, an intensive care unit, and some minor surgeries. These

standards were updated in 2014 to reflect new laws and technical advancements.

22


YOUCANFINDTHEMATTHEFOLLOWINGLINK:

http://www.acep.org/Physician-Resources/Clinical/PREP---Health-

Care-Guidelines-for-Cruise-Ship-Medical-Facilities/

The cruise lines voluntarily follow these guidelines and coordinate with the

committee regarding any recommendations for changes and reports on clinic

performance. The majority of the CLIA members use only U.S. or Canadian board

certified doctors. A few have European doctors on their staff. On some lines, such

as Holland America Line, a doctor designated as the crew doctor can be licensed

in the Philippines. The college, however, provides no facility inspections because

those are an internal function of a cruise line.

CRUISE MEDICAL FACILITIES ARE NOT REGULATED

Because hospitals are so heavily supervised by different government agencies,

you might assume that the medical centers on cruise ships are also supervised

by different government agencies Although both the CDC and the Coast Guard

conduct inspections of ships entering U.S. Ports, neither agency regulates the

medical clinics on a cruise. The CDC inspects clinics as a part of its sanitary

requirements for cruises, which might include reviewing a cruise’s operation in

cases where an illness has spread across the ship, but it does not routinely monitor

the daily operations of the ship’s medical center. Coast Guard inspections verify

only that medical services are on board and are following the 2010 U.S. law, the

Cruise Vessel Security and Safety Act (CVSSA).

The CVSSA requirements for onboard medical care enforced by the Coast Guard

have only one focus: the law requires each ship to have a rape exam kit on board

and a U.S. certified medical staff member to administer a sexual assault exam. That

member of the medical staff can be a Registered Nurse (RN). There are no other

mandated government requirements concerning cruise ship medical facilities. In

addition, complicating the medical standards further, U.S. courts hold that cruise

23


lines cannot be held liable for the care they provide. This rule has been challenged

in Federal courts, however, and currently liability lawsuits are in progress against

cruise lines.1

Although you will likely be well cared for on a cruise given the industry’s voluntary

alignment with the ACEP and the nature of typical medical issues arising on a

cruise, your care could be expensive, and there is always the slim chance that

medical staff won’t be equipped or qualified to manage a serious medical event

aboard ship. Your best bet is to be well before go on a cruise and do your best to

stay well and safe while you are on one.

SAFETY.STANDARDS.

FOR.SHIP.OPERATION

25


As passengers on a cruise ship, you see little of the full range of safety-related items and protocols incorporated into the ship’s design and procedures.

You might notice the watertight doors around the ship and participate in a

mandatory lifeboat drill. You notice that crewmembers are on station to help you

get to your evacuation point and ensure you understand the abandoned ship

procedures, but you aren’t always aware of everything in place to keep you safe.

When high-profile maritime accidents occur, such as the sinking of the RMS Titanic

and Costa Concordia, questions surface in the media about the safety of ship

design and origin. Many people wonder if cruising is safe. Is ship construction safe?

Are passengers properly prepared for an incident? Are crews properly trained?

Fortunately, probing questions resulting from each unfortunate event lead the

industry to reevaluate and adjust current standards to keep passengers and crew as

safe as possible.

26


CRUISE INCIDENTS LEAD TO CRUISE STANDARDS: THE SOLAS AGREEMENT

We all know that the April 15, 1912, sinking of the RMS Titanic is one of the worst

maritime disasters in history. A marvel of modern engineering, the RMS Titanic had

the latest improvements in design, including watertight compartments. Considered

unsinkable, the RMS Titanic hit an iceberg and sunk in two hours and forty minutes

with the loss of 1,517 souls. Although many factors led to the high death toll, the

leading factors were the inadequate number of lifeboats and poor emergency

training by the crew. The shock of the sinking plus the public demands for many

from the inf luential families on board, called for an in-depth investigation and new

regulations.

The result was a number of government regulations and the first international

treaty on maritime safety. The International Convention for the Safety of Life at Sea

(SOLAS)–1914 was an agreement by five nations, including the U.S. and England,

to set standards for safety regarding construction, lifeboats, crew training, and

emergency assistance requirements. It has been updated periodically since then

as new issues come to light. A main objective is to ensure minimum standards for

safe construction and operation. SOLAS also has requirements for man overboard

procedures and firefighting.2

27


NEW PASSENGER DRILL GUIDELINES EMERGE: LESSONS FROM THE COSTA CONCORDIA

Standards were evaluated and updated again after the sinking of the Italian cruise

ship Costa Concordia. On the evening of January 13, 2012, shortly after leaving the

Italian port of Civitavecchia, the ship struck a known submerged rock formation

known as Scole Rocks on the Giglio Island.3

The captain and bridge crew were ultimately responsible for the accident—there

are numerous examples of the crew’s negligence.4 The Italian Coast Guard, assisted

by the United States and other nations, conducted an investigation into the accident.

The 167-page plus appendix’s report had a range of findings.5

Although it is an over simplification to summarize such a study in a few sentences, a

few important findings gleaned from the report illuminate why the accident ended

in tragedy.6 The U.S. Coast Guard concluded that although the ship surpassed the

U.S. safety laws, passengers who had just boarded the vessel had not had a lifeboat

drill. Thus, a hearing on the event held by the U.S. Senate resulted in a procedural

change to U.S. law. Both U.S. and Italian regulations stated that a lifeboat drill had to

be completed within the first 24 hours of the trip.

In the U.S., the law required the drills to be held prior to departure on cruises with

a duration of less than a week, but mandated the same 24 hour-period regulation on

longer cruises or for those passengers joining the longer cruise in route. Now the

regulations state that all passengers—even those joining a cruise—must have the

drill prior to leaving port. The industry continues to respond and standards continue

to improve, as a January 13, 2014, report released by the Government Accountability

Office—on the two-year anniversary of the sinking of the Costa Concordia—shows.

28


YOUCANFINDITHERE:

https://chsdemocrats.house.gov/about/subcommittees.asp?ID=847&

SubSection=0&Issue=0&DocumentType=0&PublishDate=0&

subcommittee=14

Designing an unsinkable ship is as impossible as the unsinkable Titanic proved, but

ships and protocols can be created and revised in response to events to ensure that

you have time for a safe rescue if the need arises. What can you do? Pay attention to

the lifeboat drills and know the safety protocols. Ask the crew questions if you don’t

understand them. Keep safety information accessible in case of an emergency.

CRIME.AT.SEA:.RIGHTS.AND.SAFETY.PRACTICES

30


Crimes at sea! Newspapers headlines announce cruise crime and lawyers can make their careers on these cases.

Members of congress investigate which laws cover such crimes and pledge they

will make laws to ensure American citizens are safe on a cruise ship. Likewise,

cruise lines tout how safe cruising is compared to other forms of vacation and report

all that they do to make sure cruises are a safe family vacation. The truth of crime

frequency, the potential for prosecution, and your safety lie somewhere in between

these extremes. Still, when it comes to cruise ship crime, even the most vocal

opponents have to admit that cruises are one of the safest vacations you can take.

New laws to ensure your safety and rights have tempered some of the complaints

but not all. You must make your own evaluation regarding whether a cruise is safe

for you. It is up to you to take measures to know your rights, control what you can,

and take steps to minimize your risk. The tips in this chapter should help you.

31


U.S. LAW DOES NOT NECESSARILY APPLY: QUESTIONS OF JURISDICTION

In the early days of cruising, retired transatlantic vessels served as cruise liners

and generally made point-to-point trips, such as starting in Liverpool and ending

New York. These ships carried their nations’ f lags and proudly. Having the Blue

Riband (the record for the fastest westbound transatlantic crossing) was a matter of

national pride. The pride of the national f lag and the point-to-point itineraries made

for a clear understanding of the laws aboard ship.

The ship was truly an extension of national sovereignty; therefore, the f lag law

always applied. The shipmaster had certain authority and responsibilities under

the Admiralty law of his f lag country. Although private companies owned these

ocean liners, the shipmaster was an officer of the court, and the master at arms was

typically deputized.7 Admiralty criminal laws were based on crews and not on the

current passenger industry.

32


The shift from transportation to leisure in the 1970s was positive for cruising in

many ways but also resulted in some problems, such as the entrance of f lag of

convenience, which refers to the country where a ship is registered and the country

whose laws apply in international waters.8 Shipmasters are not officers of the courts

and cannot waive or claim jurisdiction.

In the U.S., except for items that the Constitution reserves for the federal

government, the laws of each state are legislated and enforced within the state.

Federal laws apply in the entire U.S., but once you are on board a ship, jurisdiction

can become difficult to understand—jurisdiction questions do not lead to increased

crimes, but they can lead to confusion about the crime statistics.

Because of the f lag of convenience, requirements regarding who reports crimes at

sea and how these crimes are investigated vary. Currently, no trained investigators

are on board to evaluate a crime scene that occurs at sea. An FBI report a few years

ago stated that of crimes occurring in international waters on cruise ships, there was

only an 11 percent conviction rate for murder and a 16 percent conviction rate for

sexual assaults.

33


THE CRY FOR SAFETY PROTOCOLS: U.S. CRUISE VESSEL SECURITY AND SAFETY ACT (CVSSA)

As cruising became more popular, crimes started to rise on board ship. In the

1990s, marketing campaigns targeted young people and emphasized drinking

alcohol. A high percentage of these crimes were sexual assault. Cruises

downplayed these problems and often tried to ignore them. Trained personnel

were seldom available to handle incidents, collect evidence, and preserve crime

scenes. Cases were often unprosecuted because of a lack of evidence or confused

jurisdiction. When a ship reached port, the perpetrator could walk away, and

victims had no recourse, sometimes facing huge medical bills. As the Internet

became more popular, between 2000 and 2003, stories describing major missteps

by the cruise lines regarding handling of major incidents and treatment of victims

appeared online more and more often.

34


In 2010, after a huge outcry and a number of hearings in preceding years, Congress

passed the U.S. Cruise Vessel Security and Safety Act (CVSSA) into law. Victim

rights groups lobbied hard for the bill and the cruise industry generally supported

it, disagreeing on only a few points.9 The primary focus of the law addresses sexual

assaults and man overboard situations. Following is a quick summary of some key

points in the law that help ensure your safety on a cruise. It is important for you to

know what your rights are and what you can expect from the crew.

Safety Mandates for Ship Design and Procedures

The CVSSA mandated a number of changes to ship designs and procedures to

reduce the possibility of man overboard situations, sexual assaults, and other

criminal activities on board a ship.

C R U I S E L I N E S A R E R E Q U I R E D T O :

¢ Develop a security guide that gives the passenger information

concerning the available medical facilities in an emergency and how to

report a crime on board. The guide must also inform the passenger of

the situations that the cruise line will be required to forward to U.S. law

enforcement and provide instructions regarding how the passenger can

contact U.S. law enforcement and other relative hotlines. The current

requirements are that the security guide be publicly available on the

cruise line’s website. Pending changes to the law require a copy in each

stateroom.

¢ Equip all passenger and crew cabin doors with peepholes or other

means of visual identification, with security latches and time-sensitive key

technology.

¢ Install and maintain electronic video surveillance to assist in

documenting crimes and provided as evidence for prosecution.

¢ Implement procedures and policies concerning that crewmembers can

have access to passenger cabins. Ships must contain a restrictive policy

as to what time access is permitted.

35


¢ Install automatic man-overboard detection systems.

¢ Make video records available to law enforcement, upon request, during

an investigation.

Mandatory Care in Sexual Assault Cases

Another portion of the law deals with the actions and responsibilities of the cruise

line after a sexual assault happens. Arguably, this section of the law was the most

sought after by victim rights groups and lobbied for by previous victims.

T H E L A W R E Q U I R E S C R U I S E L I N E S T O :

¢ Maintain adequate supplies of medication and medical facilities on the

vessel.

S P E C I F I C A L LY, T H E Y A R E R E QU I R E D T O :

1. Have in-date supplies of anti-retroviral medication and other

medications designed to prevent STDs.

2. Maintain adequate rape kits, including proper equipment and

materials, for performing a rape exam, evaluating the patient

36


for trauma, and providing medical care and relevant medical

services.

3. Make available, at all times, medical staff (licensed physician

or RN) who have undergone a credentialing process to handle

sexual assault cases.

M E D I C A L S TA F F M U S T :

¢ Have at least three years of post-graduate/registration

in clinical practice and emergency medicine, be able to

provide assistance in the event of a sexual assault, and be

able to conduct a rape kit exam.

¢ Meet guidelines established by the American College

of Emergency Physicians related to the treatment and

care of sexual assault victims.

¢ Prepare and provide sexual assault victims with

medical documentation of the exam findings.

¢ Provide patients with free and immediate, confidential

access to telephone lines and an Internet-accessible

computer terminal. As deemed necessary by the victim,

the victim will be encouraged to contact families, private

attorneys, local law enforcement, FBI, Coast Guard,

Embassy or Consulate, and the National Sexual Assault

Hotline program or other third-party victim advocacy

hotline service.

¢ Ensure masters of the vessel treat all information, especially medical

information, confidentially. Information will not be released to the cruise

line, owner of a vessel, or any legal representative without the prior

knowledge and written approval of the patient or patient’s next of kin.

37


E X C E P T I O N S T O T H E C O N F I D E N T I A L I T Y R U L E I N C LU D E :

1. Information other than medical findings can be included in a

centralized crime log.

2. Information can be used to secure the safety of passengers or

crew on board the vessel.

3. Information can be provided to law enforcement officials who are

performing official duties in the course of investigation.

38


Requirements for Crime Reporting

The law has a number of reassuring articles that relate to reporting procedures and

record keeping. For example, cruise lines must immediately report serious crimes

as determined by the FBI. Additionally, any surveillance video related to a crime

must be secured and made available. All vessels are required to keep a centralized

logbook of all complaints of crimes. The logbook must be available to any agent of

the FBI or Coast Guard, and to law enforcement officials performing official duties in

the course of investigation.

The law also has a requirement with a worldwide impact. It prohibits cruise lines,

even those not entering a U.S. port, from caring for a U.S. citizen unless an onboard

crewmember is trained in preserving evidence. The crewmember is to be certified

as having successfully completed training in prevention, detection, evidence

preservation, and reporting of criminal activities.

39


STRATEGIES FOR AVOIDING ASSAULT

Cruises have a low crime rate, but they are not crime free. Enjoy your trip, but don’t

drop your guard and leave yourself vulnerable. Protect yourself on board a ship at

sea just as you would protect yourself in your own hometown.

Practice Situational Awareness

The victim of a sexual assault is truly a victim, and the attack is never his or her

fault. Assault can happen to anyone and can be perpetrated by anyone. (Most

cases of sexual assault are passengers against passengers and crew against crew.)

However, you can take a few steps to reduce your risk of becoming a target for

abuse. Situational awareness is a key. A definition of situational awareness is being

aware of what is happening around you so that you can understand how information,

events, and your own actions affect your goals and objectives, both now and in

the near future. The term can apply to any new environment, even to a disco on a

cruise ship. Even a disco can be place for crime if you are unaware. Note also that

sex offenders have the legal right to travel, and cruises offer these individuals the

freedom to do so.10 Just as you would be careful of this possibility anywhere in the

world, be aware of it on your cruise.

40


Limit Your Alcohol

Alcohol contributes to a lack of situational awareness and is a factor in many

cases of sexual assault. After only a few drinks, you can begin losing the ability

to concentrate and to react to what is happening around you, and as your BAC

reaches and exceeds .08% point, you start to lose the ability for rational thought.

When you fail to consider the impact of your decisions, and you have reduced motor

skill coordination, you have pretty much lost situational awareness. You might be

perfectly willing to engage with a fellow cruiser in a way you never would have

if alcohol hadn’t clouded your judgment. The types of situations often fueled by

alcohol have the potential to lead to sexual assault.

Don’t Misperceive Your Sense of Safety

Situational awareness is also affected by your perceived sense of safety. The “safe”

environment of the cruise ship leads many of us to lower our guard in locations on a

ship that in an equivalent location at home we would be more cautious about, such as a

disco.

This perception of safety also extends to children. Parents tend to let their teenage

children stay out late and unsupervised on a ship—they suspend established curfews

and rules while cruising. Sadly, about 30 percent of sexual assaults happen to minors.

41


Beware of the “Love Boat” Effect

Sometimes the “Love Boat” effect takes over our judgment. It refers to the intensity

of a relationship that we can experience aboard a cruise. Regardless of your

gender or sexual orientation, if you are single, you can experience peer pressure

and put pressure on yourself to meet someone special on the cruise, and you can

become a victim of sexual assault. The first question your friends may ask when you

return home is not “Did you have a good time” but rather, “Did you meet someone

special?” Off the ship, you probably get to know somebody over time. On a cruise

ship, that getting-to-know-you phase is greatly compressed. You might meet

someone at dinner, then go to a show together and enjoy some drinks and dancing.

The next day, you spend the entire day together in port, followed by a repeat of the

previous evening. You might spend the rest of the cruise together, and although

you can learn a lot about a person in this way, you will have a harder time getting

a handle on personality. Two individuals can have a very different view of where a

conversation is going yet think they are on the same wavelength. Remember: You do

not really know a person in just a week, even on a cruise ship.

42


Talk to Your Kids About Assault Risks

Thirty percent of sexual assaults are against minors. In a majority of those cases,

the victims are 16 or 17 years of age. The suggestions given in this guide that relate

to adults also apply as the best protection for minors, with perhaps even more

emphasis on wariness regarding the intensity of cruise relationships. Teens are

likely to become a part of a tightknit group, which opens up the possibility for peer

pressure. This is especially concerning where alcohol could be a factor.

The sexual assault of younger minors, while uncommon, is a great cause of concern.

The cruise lines have activity programs for children of different age groups, but

the youth center staff should not be fully responsible for your child. Talk to your

children at home about the risk of sexual assault and then reinforce those same

precautions when your family is in the cruise environment. The cruise ships

presents less risk than in the average city, but children must be aware.

43


Keep the Peace with Family!

From time to time, studies surface from independent research companies about

crimes on cruise ships. Most of the research is retrieved from local law enforcement

records at the ports of call. According to this research, physical assaults ref lect the

largest percentage of crimes on board. The majority of assault cases is not only

passenger against passenger but surprisingly family members against each other.

So, a word of warning—do not insult your brother-in-law!

Alcohol plays a role in 75 percent of assault cases according to some studies.

Excluding cabins of family members, attacks most frequently occur around

swimming pools. Situational awareness will help you avoid these types of attacks.

Secure Your Valuables

Theft over a $1,000 must be logged and results reported, whereas thefts over

$10,000 must be investigated and reported to the FBI, with a possible follow-up

investigation by that agency. Theft under $1,000 without violence generally receives

only a cursory investigation unless it occurred within a stateroom. The most

common location for petty theft is, once again, the swimming pools. You might hide

your valuable in a towel and hope no one saw you do it, but all a thief has to do is

pick up your towel and walk away with the hidden treasure.

44


The easiest way to avoid this? Don’t take your valuables with you to the pool. Device

junkies might go into withdrawal, but it’s better to be safe than sorry. Many people

enjoy reading by the pool, and printed books are giving way to tablets and other

digital readers. A good strategy is a travel safe. There are different models and

features on the market, but all can be attached to a nonmovable object and provide

a means of securing your valuables.

THE.BUSINESS.OF.SAILING.

TO.PORTS.OF.CALL.AND.THE.

PERCEPTION.OF.RISK

46


The port of call that a ship is sailing to is a major factor when you decide to go on a cruise.

First-time cruisers often select the itinerary first and then select a ship that is sailing

to those ports. If you’re a more experienced cruiser, you might consider the ship as

the most important element and then select which itinerary is best for you based on

where the preferred ship sails. Regardless of how you select your cruise vacation,

you might not think past the initial “Cancun sounds nice” phase. For your own

safety, it is important you give the decision process a little more consideration.

Every generation in recorded history has probably said the same adage, but the

world really isn’t as safe as it once was. When you consider a specific port of call as a

possible destination, take a good look at the safety of the area. The cruise lines have

security experts who evaluate the risk factors of each port, but you should do your

own evaluation. Your level of acceptable risk is personal and the cruise line shouldn’t

decide this for you. Perform your initial evaluation before booking your cruise. We

know that a cruise line takes the safety of its passengers in port seriously. Troubling

events have prompted lines to cancel port calls to Tunisia, Puerto Vallarta, and in

2014, to Roatan—all examples of cruise lines putting passenger safety first.

47


CRUISE LINES ASSESS AND MANAGE RISK DIFFERENTLY

In May 2015, three cruise lines canceled calls at Puerto Vallarta. Royal Caribbean

Cruises Ltd., which owns two of the cruise lines, said the cancellations were made

“due to the recent episodes of violent civil unrest, stemming from criminal gangs

that have engaged in armed conf lict with local authorities.” Disney Cruise Line

had a planned call as a part of a repositioning cruise there, and it also canceled.

The cruise lines are clearly looking out for your safety, but you should know that

different cruise lines view risk differently. Case in point: Carnival also called on

Puerto Vallarta the same week and did not cancel the port call. They did cancel a

few of the shore excursions but not all of them and not the port call.

Many factors inf luence these cancellation decisions. Even for cruise lines, there

are variations in risk management. Timing also inf luences the perception of risk—

risk for the passenger and risk for the cruise line. For a cruise line, port selection

for a new port of call might be a three-year or four-year process. Depending on

where you are in the calendar year, you can book your cruise anywhere from

18 to 24 months in advance. Before a cruise line can start advertising and taking

48


reservations, the port details need to be confirmed. Contracts for the cruise

terminal, shore side services for the ship, immigration details, and a host of other

critical decisions need to be made. By the time the itinerary is announced, the

cruise line has a large investment at stake. When a cruise line cancels a port, there

can be many ramifications for its business.

Consider the previous example of Puerto Vallarta. Carnival addressed the

cancellation by substituting a day at port with a day at sea, right? Yes, but the line

had to refund all the shore excursions, losing their 30 to 50 percent profit on those

trips.11 In many cases, to head off bad PR, passengers receive some sort of refund,

discount on a future cruise, onboard credit, or maybe all of them. Legally, the cruise

line does not need to do any of that if the cruise was underway when the decision

was made, but it risks harm to its brand by not reimbursing you in some way.

Going on record that a port is unsafe will have a long-term impact on cruise-

line booking. Potential guests looking at the port situation will consider booking

elsewhere. However, in a case such as Roatan, where cruise lines canceled all port

calls, different concerns can arise. Many states’ consumer protection laws require

cruise lines to allow rebooking without a penalty.

The Influence of Logistics and Laws on Perception of Risk

But what about the perfect port of Nassau? Well, no port is perfect. Port calls were

canceled in Roatan after a few armed robberies and the murder of a crewmember

during a robbery, but Nassau also has a very high incidence of crime, and

passengers who shop are increasingly the target. The U.S. and British governments

have both issued critical crime notices in 2015. Still, robbery, sexual assaults, and

even murder are happening to cruise tourists.

Issued government warnings about locations are sometimes vague and apply to a

large area, but the warnings against Nassau are more directed. Some cruise lines

including Disney Cruise Line provide passengers with a written warning about the

crime problems. Other lines don’t.

49


So, this might leave you wondering why a cruise still calls to a particular port such

as Nassau. The message boards show that Nassau is a port at the two extremes—

you either love it or you hate it. You seldom see a review in the middle.

Just as cruise lines base decisions about ports of call based on perceived risk, the

cruise lines make decisions about ports of call based on logistical and legal factors

as well, even when the crime risk night be high. Nassau is well located as a first day

or last day of cruise destination. At about 165 miles from Miami, it is a very easy

overnight trip. Also, for a sailing of four days or fewer, it is one of the few places that

can be visited from Florida.

An old law still in effect called the Jones Act does not allow a foreign-f lagged ship to

travel between two U.S. ports unless it also travels to a foreign port. So a cruise that

starts from Miami and stops at Key West needs a foreign port. Unless a cruise line

has its own island (and a few do), simply put, Nassau is the next best thing.

50


REVIEW ALL TRAVEL WARNINGS AND EVALUATE DESIRED PORTS

Start by reviewing the travel warning webpages issued by different governments.

Read the different review sites and check the comments. Review all information

about the port, looking not only at comments about the destination but also at the

ship, because many people put destination information on the pages that reference

the ship. Check the timeliness of the information. Beirut used to be one of the best

vacation destinations in the world, a playground of the rich and the famous. Nassau

used to have a very low crime rate. In the past, if there were any doubts about

travelling to these locations, seeing them via ship excursions were a safe alternative.

That is not necessarily true anymore, because passengers on ship excursions also

get robbed.

51


DOUBLE-CHECK YOUR FACTS

When you do your research, try to get additional confirmation. Gather your

information from sources that are using different sources than you are. A recent

article on the Internet listed the world’s 10 worst cruise ports for safety. Number

4 was Manila. A little fact checking on the article showed the information was not

accurate. The first portion of the article concerned the Sulu sea and cited piracy

in that area as one reason cruise ships did not visit. The article also mentioned

that ships sailing from Australia to Hong Kong bypass Manila to avoid the Sulu sea.

The Sulu sea borders the Southwest coast of the Philippines. The problem with the

article’s advice is one of geography: to get to Manila, ships sail from South East Asia

cross the South China Sea and not the Sulu sea. Most ships sailing from Australia

to Hong Kong do pass the Sulu sea. Those ships that do pass it do not come up the

east coast and use the Verde Island Passage to head west toward Hong Kong. This

is the route that ships use if coming from Micronesia. The Verde Island Passage

starts just south of Manila. The rest of the report on Manila mentions the civil unrest

in the southern most portion of the Philippines, Mindanao. Agreed that the area is

dangerous; it is, however, 900 miles away.

52


REEVALUATE YOUR CHOICE PRIOR TO YOUR FINAL PAYMENT AND DEPARTURE

Review your evaluation of the ports shortly before your final payment is due,

because you will not be penalized for making a booking change before that last

due date. During the Baltimore riots in April 2015, the cruise lines saw a rush to

cancel cruise sailing within about 90 days, the penalty-free period. Update yourself

regarding port information in the days before your cruise. After you are on the

cruise, your access to information is limited because of the high cost of Internet

services while on board. If at any time you feel that a port is unsafe, you always have

the option of staying aboard the ship.

PIRACY.AND.TERRORISM

54


When the word “pirate” is mentioned, the first images that might come to your mind are movies from the 1930s, f i lms like “Treasure Island” and “Blackbeard”—even Disney animation.

However, in the real world, piracy, which is motivated by monetary goals, is

an ongoing problem and can be a threat to cruise ships, as can be terrorism12,

which is motivated by ideology. Although you cannot eliminate these two critical

potentialities, you can minimize your risk by doing your homework. Avoid traveling

where most piracy and terrorism at sea occurs and pay close attention to safety

protocols and protective ship features outlined by your crew. Be reassured that in

the cruise lines’ ongoing commitment to your safety, they have responded to these

growing threats by implementing a variety of safety measures onboard ship.

55


LOCATIONS WHERE MOST PIRACY OCCURS

Although piracy can and does happen everywhere in international waters, the

majority of the cases are near the Suez Canal, the coast of Africa, and around

Indonesia. These areas are not high traffic zones for cruise ships, but those ships on

around-the-world trips do have to pass through them.

56


ANTIPIRACY MEASURES THAT ENHANCE SHIP SECURITY

Holland America Line’s vessel Amsterdam recently sailed the Suez Canal, and her

preparations help illustrate some steps that ships have taken. The trip included

cancellation of three ports of call in Egypt because of security concerns. Before

departing for waters known for piracy, concertina wire (barbed or razor wire, formed

in large coils, that can be expanded) was wrapped around the ship. A portion of the

open deck at the stern also had concertina wire to deny entry.

Guests were briefed on the antipiracy measures on board and informed that the

ship was equipped with many antipiracy features. For example, the Amsterdam’s

first open deck is high up from the water level, making it a long climb for anyone

trying to get on board. Fire hoses are strategically located around the ship to aid in

firefighting efforts, and these hoses can be aimed at anyone attempting to climb on

deck. The ship itself it also fast with a cruising speed of 20 knots and a top speed

of 26 knots, so it’s difficult to catch and even more difficult to secure a line on for

attempted boarding.

57


Passengers were given instructions regarding where to go in case an alarm

was raised, and told to stay away from windows and to sit on the f loor. The crew

explained that if necessary, the vessel could make sharp turns, and anyone

standing—or even lying in bed—could be thrown around.

Although Danish law (ship’s f lag) prohibits the carrying of firearms on board, the

ship has acoustic hailing and warning devices. These devices, also called Long

Range Acoustic Devices or sonic cannons, send a focused beam of sound waves that

can cause pain at long distances and even knock someone unconscious at closer

range. The sonic cannons have become mandatory on ships sailing in certain waters.

Radar is used to track nearby traffic. Security officers using high-power optics and

night vision devices keep watch, and security cameras are monitored. The ship

maintains contact with the United Kingdom Maritime Trade Organization, who acts

as the point of coordination between commercial vessels and the multinational

antipiracy task force that has warships and aircraft in the area.

DOING.YOUR.HOMEWORK.

IS.YOUR.BEST.INSURANCE!

59


A guide describing cruise safety precautions and protocols necessarily requires the discussion of why such measures are necessary.

This information can be alarming to read about because you’re understandably in

a vacation mindset, and you might imagine nothing can go wrong. Many people

mistake a cruise ship for a protective bubble.

Our best advice to you? Use common sense. Do your homework. Taking a little

time to consider the “what ifs” can mean the difference between an ordeal and the

vacation of a lifetime. Determine your own acceptable level of risk. We provide

statistics and possible scenarios in this guide so that you can ask the kinds of

questions and do the kind of research that will inform how you want to sail, where

you want to sail, and with which cruise line you want to sail.

Cruise safety and sophistication is improving all the time. We still believe it offers

travelers an excellent vacation.

60


Reading tips and tricks from experienced cruisers and cruise exerts can boost

your travel expertise and assist you with travel decisions. The team writing for

our Cruise Safely website (http://cruisesafely.com) sifts through copious cruise-

related information to offer current, valuable information and advice that takes

the guesswork out of your trip decisions. Subscribing to Cruise Safely is one of

the easiest steps you can take toward a wonderful vacation and an inexpensive

investment that really pays off.

61


ENDNOTES

1. Because of the lack of government oversight, the topic of cruise ship medical

centers is a complicated one. Some ships might have only one doctor and one

nurse, whereas other, newer vessels can accommodate five doctors and eight

nurses plus a range of medical technicians. The lack of oversight and industry

standards extend to technology as well. Some modern medical equipment

can share results in real time with shore-based medical facilities. Regarding

how medical personnel are classified, sometimes they are considered to be

independent contractors and charge what they want, and cruise lines are not

responsible for their actions. However, recruitment information for different

cruise lines reveals a discussion of salaries, shift rotations, and promotions—

topics typically applying to employees, not independent contractors. As of 2015,

the Royal Caribbean Cruise lines website discusses the advanced technology

of the medical center on each ship and the way that center can communicate

to its central facility, which manages each individual medical center. This is an

example of how medical center staff operates as employees, not independent

contractors. Disney Cruise Line, however, does use independent contractors

and has a medical management company manage the medical centers. Only

time will tell how medical provisions on cruise lines will evolve and whether

they will become standardized.

2. The outbreak of WWI shifted attention away from the convention, however,

and it never came into effect. In 1948, under the newly established United

Nations, an updated version of the convention was adapted, the International

62


Convention for the Safety of Life at Sea of 1948. At the same time, the UN

member states approved the International Maritime Organization (IMO). The

IMO became a specialized agency of the United Nations in 1958, responsible

for measures to improve the safety and security of international shipping and

to prevent pollution from ships. The IMO currently has 170 member states who

have agreed to adhere to the agency’s conventions. Most of the member states

adapted the rules into their national laws. The member states meet every other

year for an assembly. The Council, which comprises 40 Member States elected

by the Assembly, acts as governing body in between assembly sessions. The

council overseas the budget and operational aspects of the IMO and control the

subcommittees.

The sinking of the Titanic also prompted other requirements such as the 1914

U.S. law requiring the use of wireless radios.

In 1974, the SOLAS was completely revised to ref lect the major changes in

the marine industry. This revision contains the last major change. The 1974

agreement introduced the concept of tacit acceptance. Prior to this change,

an amendment to the convention had to be approved either by two-thirds of

the member nations or by member nations representing over 50 percent of

merchant tonnage. This process took a long time. Under the tacit acceptance

rule, an amendment is given an effective date 18 to 24 months in the future.

A member state is considered to have accepted the amendment unless the

state notifies the IMO of its disapproval. You might also see a mention of a

1988 version of the SOLAS. In that year, the IMO removed Morse code as the

mandatory emergency means of communications and replaced it with a new

system.

The IMO website (http://www.imo.org/About/Conventions/ListOfConventions/

Pages/International-Convention-for-the-Safety-of-Life-at-Sea-(SOLAS),-1974.

aspx) tells us: The main objective of the SOLAS convention is to specify

minimum standards for the construction, equipment, and operation of ships,

compatible with their safety. Flag states are responsible for ensuring that ships

63


under their f lag comply with its requirements, and a number of certificates

are prescribed in the convention as proof that this has been done. Control

provisions also allow contracting governments to inspect ships of other

contracting states if there are clear grounds for believing that the ship and its

equipment do not substantially comply with the requirements of the convention.

This procedure is known as port state control. The current SOLAS convention

includes articles setting out general obligations, amendment procedures, and so

on, followed by an annex divided into 12 chapters.

The annexes are the meat and potatoes of the convention—they define ship

categories and mandate safety standards. These rules also allow that a ship

built for one f lag can be transferred to another f lag if the ship is sold or

otherwise ref lagged. Member states can add requirements in their international

laws, but most of the member countries make few modifications.

3. The impact opened a long 52-meter gash in the ship’s hull, covering an area of

five watertight compartments. Most of the ship’s critical systems were adjacent

to the impact area; many of the backup systems were likewise exposed. Power

was lost almost at impact, and within minutes, the compartments with critical

systems were f looded.

4. The ship was off course at the captain’s direction, the bridge was not using the

properly scaled map when leaving port, nobody corrected the captain nor gave

a warning that the ship was approaching the rocks, and even after impact and

with five compartments f looded, the captain did not notify the passengers or

general crew of the problem. Passengers were told only that the power was out

and that it would be restored shortly. Reports to the ship’s headquarters stated

only that the ship had encountered a problem and that the problem was under

control. People on shore notified the Coast Guard, but the ship’s captain initially

denied a problem existed. It was the Coast Guard who later demanded the

abandon ship decision.

64


5. The board made a number of recommendations; the most significant five were

added to the convention after the ship was built and applied to newly built ships.

A few others have been added to the convention since.

6. The damage to the watertight compartments exceeded the “return to port”

parameters; ships damaged less than the stated parameters are expected to

remain af loat long enough to return to a port. With five compartments f looded,

there was a high probability that the ship would sink. SOLAS guidelines require

that a ship’s design and training procedures ensure a ship can be routinely

evacuated within 30 minutes. This report found that had the captain indicated

an abandon ship procedure earlier, evacuation would have proceeded without

mishap. Because of the delay, many of the lifeboats became unusable, and about

one quarter of the passengers were rescued by lifeboats and Coast Guard

rescue boats. The ship was found to be in full compliance with the laws of Italy,

which matches the SOLAS. Human errors were primarily responsible for the

accident.

7. A U.S. code (18 U.S. Code Section 7 dating back to 1940 with similar laws dating

back to 1798) provides for jurisdiction in certain cases. Quoting the law: “When

an offense is committed by or against a U.S. national in a place outside the

jurisdiction of any country, and cover foreign vessels that have a United States

arrival or departure port.” A clause of the law stated that this does not apply if

another nation claims jurisdiction.

8. In the early 1970s, cruise lines were formed to create cruises as a vacation

package. These cruise ships were mostly retired transoceanic vessels that lost

their market to the new jet planes. They touted luxurious service while going

to exotic ports of calls. The RCI’s Song of Norway is generally considered the

first ship built for the leisure market, however, it still followed the transoceanic

designs of the 1970s. About eight ships were sailing at that time, each carrying

fewer than 1,000 passengers. Combined, these ships carried about the

same number of passengers as the Allure of the Seas lone. Cruising as we

know it today really started in the early 1980s. In 1982, Carnivale built the

65


Tropicale—the first ship custom designed for a leisure market, a combination of

transportation and destination.

9. Even though victim rights groups pushed hard to get the billed past, many

are feeling betrayed by the bill’s content. For example, a requirement of the

bill states that crime statistics be publicly available, and the Coast Guard

website publishes the crime stats from the FBI. Many of these groups feel

that the information posted gives a distorted view of how safe a cruise line is

because reports show only closed cases and only serious crimes. It does not

show reported cases that were not investigated nor does it show open cases. In

addition, information is based only on the serious crimes that are required to

be reported to the FBI. Some cruise lines are posting their own crime statistics,

which show a much higher rate than the Coast Guard/FBI site. However, these

statistics are based on accusations, founded or unfounded, reported to the

cruise line. Although these reported numbers are higher, the crime rate is

significantly lower than crime in a city of comparative size. Of all serious crimes

reported, the largest number of cases are sexual assaults, constituting about 30

percent.

Cruise lines maintained that crimes were very low and sexual assaults rarely

happened. Lawsuits started hitting the news wires about the way cruise lines

conducted investigations and treated victims. The cruise lines maintained their

stands but did start banishing from sailing those individuals under 21 who were

not traveling with family members.

10. You can know where sex offenders live because of a federal database, but

you cannot know where they vacation. If they follow the proper notification

procedures, they are able to leave the country, including travelling on a cruise.

However, they must notify the government before traveling. The U.S. is then

required to pass the travel plans on to any countries the individual is planning

to visit. When the individuals arrive in that country, immigration can deny them

entry. On a cruise ship, if they are denied entry, they must stay on board.

66


11. About a year before the first call, the cruise line starts working with local

tour agencies to establish the tours to be offered. This, however, is not a large

expense for the cruise line because the tours are independent contractors and

the cruise does not have to make the commitment until 12 to 18 hours before

making the port call.

12. On October 7, 1985, the Italian cruise ship MS Achille Lauro was hijacked by

four members of the Palestine Liberation Front (PLF). At the time, the ship

was sailing off the coast of Egypt headed toward Israel. The original plan was

to quietly take over the ship and use it as an attack platform when it reached

the Israel port. There are different versions of what went wrong. However, the

surprise attack against the ship was discovered and authorities were notified.

The terrorists then took over the ship and turned it into a hostage situation.

They demanded Israel release 50 Palestinian prisoners. Leon Klinghoffer, an

American, was killed by the terrorist and his body dumped overboard. It has

been said that single act did a great deal of damage to the PLO, turning neutral

and even some friendly governments against them.

In 2011, German authorities were interrogating a traveler entering Berlin who

was on a terrorism watch list. When searching him, micro memory cards were

found hidden on his body. After months of investigations, hidden files were

found within videos on the memory cards. The files were Al Qaeda documents;

some were training manuals and others were strategic planning documents.

One plan discussed hijacking cruise ships and executing passengers until

demands were met. More recently, authorities are concerned that ISIS would

also attempt such an attack. One reason a cruise ship an attractive target for this

group is the low percentage of Muslims on board. Collateral damage of killing

Muslims has haunted Al Qaeda in some of their operations, such as the Embassy

bombing in Africa.

In 2006, the RAND Corporation, a nonprofit think tank, researched the issue of

maritime terrorism. A portion of the report addressed cruise ships. The RAND

Center for Terrorism Risk Management Policy issued the Maritime Terrorism:

67


Risk and Liability report, which grouped cruise ship risk into the following

categories:

¢ Hijacking of a cruise ship and its passengers: similar to the Achille

Lauro attack and the type described in the al Qaeda documents.

¢ Sinking a ship using a boat-borne IED: similar to the USS Cole and M/V

Limburg (a French oil tanker). attacks. These ships were rammed by

small boats loaded with explosives. Many experts express that while this

is a potential attack method, it unlikely to sink a ship or cause massive

causalities.

¢ Sinking a ship with a submersible parasitic device: though never

detected or attempted against a cruise ship, in this scenario, divers would

place a high-explosive device on the hull of a ship in an effort to sink the

vessel.

¢ Bombing on board a ship: a suicide bomber boards a ship and detonates

a bomb in an effort to kill or injure passengers.

¢ Standoff attack on ship using heavy artillery: similar to the pirate attack

on the Seabourn Spirit in 2005, perpetrators attack a ship from land or

boat using grenade launchers, mortars, or shoulder-fired missiles in an

effort to kill or injure passengers.

¢ Biological attack on a ship’s food or water supply: with anticipated

consequences similar to the cruise ship virus outbreaks, terrorists

contaminate a ship’s food or water supply with a biological weapon.

CRUISESAFELY.COM

The Cruise Safely Guide

Documents

Transcript of The Cruise Safely Guide