Bringing Together a Crew Declaration for Clarity and Compliance
Feel free to search our website, in particular at our Crew Member Declaration. It saves a lot of heartaches later.
Click Here SAILORS CREW DECLARATION.
"Having regularly used international customs and immigration throughout the world as crew for 20-years, this remains an ‘unqualified research and observation article’.
I would warmly welcome any feedback from those more qualified in this area to help provide an approach to the challenge facing budget-conscious cruisers. I am not endorsing or sponsored by any products mentioned in this article'...James
Why Controversial Medical Topics Must Be Addressed in Crew Declarations
Controversial topics such as COVID-19 vaccination requirements and other historical or regulatory immunisation standards are also addressed within crew declarations, as many countries require documented printed proof of vaccinations prior to entry.
Complications can arise where friends/crew member claims to hold valid certification, but is later unable to produce it, or where documentation is found to be invalid or fraudulent. In such cases, resolution may take days or even weeks, creating significant sailing delays.
This raises an important question: should the entire crew and vessel be held to ransom due to a persons ethical or lifestyle choice?
It also highlights the question of how we, as the vessel owner, ensure legal protection when operating in foreign jurisdictions under such circumstances. These scenarios can, and are accounted for in advance through clear documentation and agreed procedure.
How Crew Declarations Cover Both Crew and Vessel Owners
An agreement that covers every scenario is not what we are trying to achieve here. There are however a few topics that can be rounded into a few questions, that covers legal duty of care and responsibility by the vessel owner.
The document addresses (beyond hearsay) questions such as:
1. How can we ensure that a friend/crew member understands that the duties are voluntary and not for a reward?
2. How we mandate certain understandings, without being/sounding offensive?
3. What legal power the vessel owner has to remove a person from their vessel, in particular in a foreign country?
4. If a crew member refuses to leave the vessel (in a foreign country), where we stand legally?
5. If Authorities request a search of the crew member's bags and find an illegal weapon or drugs, where does the vessel owner's duty-of-care finish?
Why Requesting Medical History Is Hugely Important Onboard
Having an accurate understanding of a person’s current and past medical history can be critical, not only in protecting their health but also in providing essential guidance to untrained crew during a medical emergency.
It is important not to avoid sensitive medical questions, including those relating to immunisations, asthma, heart conditions, head injuries, and other relevant health matters.
Do you currently, or have you previously, suffered from any medical conditions that we need to be aware of? YES / NO
There have been instances where friends have answered “NO” to this question, only to experience medical incidents onboard, including:
1. A severe asthma attack, and
2. A cardiac event requiring medication.
While the Crew Declaration provided a level of legal clarity, these situations still resulted in the individuals being respectfully asked to leave the vessel for safety reasons.
This raises an important consideration: how should past conditions be assessed, for example, a resolved medical issue such as a collapsed lung from 20 years ago, and what level of disclosure is appropriate for safe and informed decision-making onboard?
Formal Crew Declaration Wording That Avoids Conflict
We ask to please circle YES or NO, such as:
1. Are you aware that nuts, fish, meats, and poultry may be handled and stored onboard, and that galley equipment such as pots, pans, and utensils are used for multiple food types, with no separate catering for specific dietary requirements? YES / NO
Note: These questions are intended to ensure prospective sailors are aware of onboard food practices and can confirm whether these align with their personal or medical dietary needs.
2. Are you comfortable assisting in cleaning and cooking all foods, particularly those mentioned above? YES / NO.
3. Have you forwarded three copies of your Offshore Insurance? YES / NO.
(This indirectly ensures they have Offshore Insurance. The form cannot be completed unless they do)
The Legal Value of a Well-Structured Crew Declaration
There are numerous examples of vessel owners facing serious operational problems because members misunderstood what was expected of them, or later refused to leave the vessel after disagreements arose onboard.
Other situations involve crew members demanding payment for duties that were never discussed or agreed upon prior to departure.
International travel can create even greater complications. If a crew member arrives at a foreign port without meeting that country’s visa or entry requirements, the Captain may be held solely responsible. In some cases, authorities may refuse permission for that person to disembark the vessel. This can leave the owner and Captain facing significant delays, legal complications, and difficult operational decisions.
The Psychological Purpose of a Crew Declaration Document
To reduce the confrontational nature of the document, include practical matters such as visa requirements, medical and health obligations, insurance responsibilities, and an acknowledgement that the crew member is responsible for planning ahead for these eventualities.
The declaration can also serve as a useful checklist for crew members, helping them prepare for onboard requirements and professional expectations before joining the vessel.
Why Every Offshore Sailing Vessel Needs a Crew Member Declaration
'They are a friend of mine, that’s a bit rude!'
In many ways, a Crew Declaration is similar to a prenuptial agreement. It can be uncomfortable to raise and difficult to ask people to complete politely, however, it exists to protect everyone involved, especially when problems arise, as they inevitably do onboard.
