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any exempted space for passenger accommodations or for carrying stores, fuel, or cargo requiring protection from the sea shall cause the exempted space to be permanently added to gross and net tonnage.
Both the Panama and Suez measurement codes provide that the Danube rule shall be followed in deducting the spaces occupied by propelling machinery and fuel on vessels without fixed bunkers or fuel spaces, and both rules give the owners of vessels with fixed bunkers or fuel spaces the option of having propelling-power deductions made by the Danube rule or by the actual measurement of the spaces occupied by propelling machinery and fuel. The Danube rule gives a fair average deduction for propelling power spaces and would doubtless be the rule followed at the present time in most countries of the world had not the efforts of the British Board of Trade to secure its adoption in Great Britain, in 1874, and, in 1881, been prevented by ship owners opposed to having the net tonnage of their vessels made equal to the real earning capacity of their ships.
The Danube rule as embodied in the Panama measurement code is slightly different from its statement in the Suez regulations. The Panama rules include in the engine room light and air spaces and spaces framed in around the funnels up to the covering of the first tier of side-toside erections on the uppermost full-length closed-in deck. All light and air and funnel spaces above that are always exempted from measurement by the Panama rules. Since 1904 the Suez rules have permitted the exemption of light and air and funnel spaces above the uppermost full-length closed-in deck, and in addition they have permitted the exemption, in the first tier of superstructures, of the entire spaces on both sides of the light and air casings and smoke funnels. Since 1904 the Suez rules have permitted the inclusion within the engine room of light and air and funnel spaces above the uppermost full-length closed-in deck, provided the owner of the vessel elects to have the light and air and funnel spaces above that deck included in the engine room, and provided, further, that the owner of the vessel agrees to forego the exemption from measurement of certain above-deck spaces which would otherwise be excluded from tonnage. This provision of the Suez rules is complicated. The Panama rules permit no manipulation of light and air and funnel spaces. It is probable that the tonnage resulting from the application of the Panama and Suez rules to propelling-power deductions will not be very widely different, but the Panama rules have the merit of offering no opportunity for securing special favors by manipulation of the measurement rules.
DIFFERENCES IN THE PANAMA AND SUEZ RULES.
The detailed provisions by which the Panama and Suez rules carry out their common princi
in several particulars. The Suez rules differ from the Panama rules by including in net tonnage certain spaces of minor importance that are not available for the carriage of cargo or passengers. The Suez rules also exempt from measurement some relatively small spaces that are available for passengers or cargo; and the Suez rules, moreover, contain an indefensible limitation upon the deductions allowed for navigation spaces and for spaces occupied by the crew.
The differences in the Panama and Suez rules as applied to vessels of commerce may be stated by considering, first, spaces included in gross tonnage, and second, spaces deducted from gross, to determine net, tonnage.
I. In the following particulars the Suez and Panama rules differ as to the treatment of spaces to be included in gross tonnage:
(a) The Suez rules include definitions both of closed-in spaces and of open spaces. This gives shipowners an opportunity to quibble with admeasurers over the application of the definitions to particular spaces. The Panama rules seek to avoid this by defining only closed-in spaces, by enumerating certain spaces that shall be exempted from measurement, and by stipulating that all other closed-in spaces shall be included in the measurement and tonnage.
(6) The Panama rules make definite provision for the measurement or exemption of numerous vessel spaces not mentioned in the Suez rules-trunks, turrets, double-bottom compartments, skylights and domes, hatchways, companion houses and ways, and passages and passageways.
With the exception of double-bottom compartments, these spaces are measured under the Suez rules, the spaces being considered to be covered by the general provisions of the rules. The Suez rules, as interpreted for the company, exempt all double-bottom spaces from measurement," while the Panama rules include in the measurement such double-bottom spaces as are used to store reserve or feed water, and such as are available for the stowage of fuel oil or cargo or stores. When double-bottom spaces are used to carry feed water or to store fuel oil, they constitute a part of the usable capacity of the ship, and should logically be included in gross tonnage.
(c) In the case of some spaces within superstructures and under decks with "tonnage openings,” exclusion from measurement under the Suez rules, as amended by a memorandum issued in 1904, is made to depend upon whether the spaces in question are closed-in or open under the measurement rules of the country of the ship's registry. The memorandum of 1904 (see Appendix XIII) divides such spaces into three categories: (1) spaces closed-in under national rules, spaces open according to the Suez rules and the national rules, and (3) spaces open by the national rules, but closed-in according to the Suez rules. By the memorandum of 1904, the Suez rules include within measurement and tonnage all spaces (category 1) considered as closedin by the national rules of the country of the ship's registry; and the memorandum further provides that spaces open under the national rules and closed-in under the Suez rules (category 3) shall receive such treatment as to measurement and exemption as is provided for by the memorandum. The exemptions thus given vessels of the third category are those granted by the Panama rules to superstructures and “shelter deck” spaces generally, with the additional provision that the Suez rules, under the 1904 memorandum, exempt from measurement spaces within a closed-in poop up to one-tenth of the length of the vessel, and spaces within a closed-in forecastle up to one-eighth of the length of the ship. As is explained above, the Suez and Panama rules do not accord quite the same treatment to light and air spaces and to spaces framed in around the funnels, nor to the spaces, in the first tier of superstructures, which are located on either side of such light and air casings and smoke funnels.
The Suez rules really divide vessels into two classes:
One class includes vessels having spaces open under the national rules of the ship’s registry, but closed-in under the original Suez rules, the treatment of superstructure and "shelter deck" spaces in such vessels being governed by the provisions of the memorandum of 1904. The other class of ships-vessels not having spaces open under the national rules of the ship's registry and closed-in under the Suez rules—come under the provisions of the original rules of 1873. Those rules provided for fewer exemptions than are allowed by the Panama rules. Thus vessels coming under the first of these two classes are granted more exemptions for superstructures and "shelter deck” spaces than the Panama rules allow, while the ships of the second class are given smaller exemptions for such spaces by the Suez rules than by the Panama measurement code.
The Panama rules, in a word, apply the same provisions as to the exemption of spaces in superstructures and under “shelter decks” to all classes of ships, and the exemptions granted are those allowed by the Suez memorandum of 1904, with the exception that the Panama rules do not exempt the space within a closed-in poop up to one-tenth of the length of the vessel nor the space within a closed-in forecastle up to one-eighth of the length of the ship, and with the further exception that light and air and funnel spaces are not given exactly the same treatment by the two sets of rules. The treatment of superstructures and “shelter deck” spaces under the Suez rules seems unnecessarily complicated, and it is believed that the Panama rules treat such spaces in a simpler and more logical manner.
(d) As stated above, the Suez rules as interpreted for the company, exempt all double-bottom compartments from measurement, while the Panama rules exempt such spaces only when they can be used, or are used, solely for water ballast. The Panama rules require the measurement of double-bottom spaces that are used to store feed water and such double-bottom compartments as are fitted for the stowage of fuel oil or stores or cargo. By exempting all double
i Consult Appendix XVII, pp. 452 and 460. The interpretation of the rules in practice does not agree with the general instructions to admeasurers issued by the British Board of Trade (see Appendix XIV, p. 419) and by the Bureau of Construction and Repair of the United States Department of the Navy. (See Appendix XVII, p. 443.)
bottom compartments from measurement the Suez rules may result in an understatement of the closed-in capacity and the gross tonnage of vessels.
II. The Suez rules exempt from measurement and from the payment of tolls the spaces occupied by deck loads, while the Panama rules require the measurement of such spaces and the addition of the tonnage of such spaces to the net tonnage upon which tolls and other canal charges based upon tonnage are imposed. The spaces occupied by deck loads unquestionably constitute a part of the capacity of the vessel used for cargo and should be included in the tonnage upon which charges are levied.
III. The Suez and Panama rules differ in the following particulars as regards deductions from gross tonnage:
(a) The Suez rules limit the total deductions other than for propelling power—the deductions for crew and navigation spaces—to 5 per cent of the vessel's gross tonnage, while the Panama rules contain no such limitation upon deductions for crew and navigation spaces. The Panama rules enumerate all the spaces regularly required for the accommodation of the crew and for the navigation of the ship, and provisions for the deduction of each of the spaces are limited only by the requirement that “each of the spaces
unless otherwise specifically stated shall be subject to such requirements as to marking or designation, size, and use or purpose as are contained in the navigation or registry laws of the several countries, but no space shall be deducted unless the use to which it is to be exclusively devoted has been appropriately designated by official marking.” The Panama rules encourage vessel owners to set aside liberal spaces for crew and navigation purposes. The 5 per cent limitation was doubtless without objection in 1873, but it is no longer defensible.
(6) The details as to which the Panama and Suez rules differ regarding deductions from gross tonnage may be enumerated as follows:
(1) The Suez rules deduct the spaces occupied by the anchor gear, steering gear, and capstan, the wheelhouse, the chart, lookout, and signal houses, when such spaces are located above deck, while the Panama rules provide for their deduction, whether located above or below deck.
(2) The Suez rules make no provision for the deduction of the spaces set aside for storing of sails, while the Panama rules allow a deduction for sail-room spaces up to 24 per cent of the gross tonnage of the vessel exclusive of the sail room. It is, however, not probable that any vessels propelled entirely by sails will use either the Panama or Suez Canal.
(3) The Suez rules include in net tonnage the room or rooms devoted to boatswain's stores, while the Panama rules deduct such spaces with a limitation as to the total space to be deducted for such stores.
(4) Neither the Panama nor the Suez rules deduct the space occupied by the donkey engine and boiler when the donkey engine is used to hoist cargo; the Suez rules differ from the Panama rules in not deducting from gross tonnage the spaces occupied by the donkey engine and boiler when located below decks and connected with the main pumps of the ship.
(5) Passageways, under the Suez rules, are deducted only when fitted with lockers, hammocks, etc., for the use of the officers or crew, and when the passageways serve exclusively the quarters of officers or crew. The Panama rules provide for the deduction of passageways when they serve deducted spaces exclusively for the use of officers and crew.
(6) The Suez rules do not deduct the spaces occupied by the cabin of the ship's master. Moreover, the Suez rules deduct the cabin of the ship's doctor only when occupied by the doctor. The Panama rules regularly deduct the cabins set aside for the captain and doctor.
(7) The Suez rules include in net tonnage peak, side, and deep tanks when set aside for water ballast, while the Panama rules deduct all spaces available only for water ballast.
(c) Though the Suez rules penalize the commercial use of exempted spaces, they contain no penalty against such use of deducted spaces. The Panama rules specify that if any deducted spaces, other than fuel spaces deducted under the Danube rule, are used to stow cargo, or stores other than boatswain's stores or to accommodate passengers, the spaces shall be added to and become a permanent part of the vessel's net tonnage. However, the practice of the Suez Canal Co. is to add to the net tonnage any deducted spaces that may be used. (Article XV.)
IV. The Suez regulations apply the same measurement rules to warships and to vessels of commerce. The Suez tolls payable by warships are levied upon their net tonnage. The Panama rules do not require the measurement of vessels of war other than Army and Navy transports, colliers, supply ships, and hospital ships. The warship used for fighting purposes can have no real net tonnage. Its size is always indicated by its weight or displacement tonnage. There seems no adequate reason for requiring the measurement of warships other than Army and Navy transports, colliers, supply ships, and hospital ships. Tolls upon warships should be levied upon their displacement tonnage.
The detailed enumeration of the differences in the Panama and Suez measurement rules makes the dissimilarities seem more important than they are in reality. Both sets of rules are based upon the same principles, both seek to make gross tonnage the expression of closed-in capacity, and both make the principal deduction from gross tonnage-that for propelling machinery and fuel-by the same rule. The variations of the Panama rules from the rules of the Suez Canal Co. are, moreover, to some extent due to making the Panama rules more specific by applying them to particular spaces which the International Tonnage Commission of 1873 did not think necessary to enumerate. To some extent the differences in the two sets of rules offset each other.