MALTA Law and Practice Contributed by: Ann Fenech, Adrian Attard, Lara Saguna Axiaq and Martina Farrugia, Fenech & Fenech Advocates
Collisions The liability for damages arising out of a collision is established by reference to the general law of tort, in Article 1031 of the Civil Code. Founded on fault-based liability, every person is liable for the damage that occurs as a result of their fault. A person is deemed to be at fault if, in their own acts, they do not use the prudence, diligence and attention of a bonus paterfamilias – the standard of the “reasonable man”. In determining fault, consideration will be giv - en to the Collision Regulations. These became part and parcel of Maltese law by virtue of Legal Notice 87 of 1978, titled the Merchant Shipping (Prevention of Collisions) Regulations, 1978, which effectively laid out the International Regu - lations for Preventing Collisions at Sea, 1972 as a Schedule to that Legal Notice. Collisions are regulated further under domes - tic law, where, under the MSA, a ship-owner shall be liable for any damages caused by acts or omissions in the navigation or management of the ship. Furthermore, damages and interest due to another vessel or to her cargo in cases of collision of vessels attract a special privilege on the ship. 2.3 1976 Convention on Limitation of Liability for Maritime Claims Malta is a signatory to the 1996 Protocol of the 1976 Convention on Limitation of Liability for Maritime Claims, which has been transposed into Maltese domestic legislation by means of the 2003 Limitation of Liability for Maritime Claims Regulations, Subsidiary Legislation 234.16 of the Laws of Malta.
and Co-Operation Regulations, 2020 (Legal Notice 450/2020) came into force, transposing the provisions of the OPRC Convention and the OPRC-HNS Protocol, and providing for a nation - al contingency plan. 2.2 International Conventions: Collision and Salvage Salvage Malta is not a signatory to any of the Salvage Conventions. The law relating to salvage is con - tained in Articles 342 to 346 of the MSA, which provides for the payment of a salvage award when services are rendered that save lives or property from any vessel in Maltese territorial waters or from any Maltese vessel, wherever it may be. The salvage payable must be limited to the value of the property salvaged. The obliga - tion to pay salvage is not limited to the owner of the vessel but is an obligation of the person whose property has been saved. The award is based on the following: • the measure of success obtained; • the efforts of the salvors; • the danger run by the vessel saved, and by her passengers, crew and cargo; • the danger run by the salvor and the salvag - ing vessel; • the time expended; • the expenses incurred and the losses suf - fered; • the risks of liability and other risks run by the salvors; • the value of the property exposed to such risks, having due regard to the special appropriation of any of the salvor’s vessels for salvage purposes; and • the value of the property saved.
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