Commentary on Sections Section 255S – Government ships
43.This new section provides for the extent to which the new Part 9A applies to ships used by States. Warships and ships being used by a State for non-commercial purposes only will be excluded from the sections under Part 9A, unless a State notifies the Secretary-General of the IMO that the ICRW is to apply (Article 4, paragraph 3). The offence of not having insurance in section 255K does not apply to an ‘exempt ship’, which must have a certificate showing that it is owned by the State and that the insurance liabilities will be met. A company registered in a State as the operator of a ship owned the State is treated as the registered owner under Part 9A.