Is Congress doing enough make cruise passengers safe?

The Cruise Vessel Security and Safety Act of 2008, if passed, will affect all US-flagged cruise ships, and all cruise ships which load or unload passengers in any US port. One would hope that Congress will amend the Act’s shortcomings, and that the vast majority of its requirements become universal on cruise ships across the globe. Time will tell.

Under the Act, staterooms will get a peep hole in the door, a security latch, and a time sensitive key, meant to limit room access by ship’s personnel. Security video cameras will be required in targeted locations to improve surveillance. An overboard detection system will be installed to the extent that this technology is available.

The overboard detection system regulation is one of the problematic sections of the Act. At this time, there are two types of detection systems available — the CSVSS type system, and the Personnel Monitoring, Overboard Detection type system invented by Matthew Marsh.

While CSVSS is great for general ship security, it falls very short in overboard passenger location and rescue, unlike the Personnel system, recommended by the International Cruise Victims Association (ICV). There is a potential problem with the Personnel system. It would require each passenger to wear a bracelet or necklace, at which many passengers may balk, and therefore not do, negating the effectiveness of the system. Nevertheless, it is my belief that the Personnel system should be required.

The Act would require ships to raise their railings to a height of 54″ in an effort to make it more difficult to fall overboard. I believe this requirement shouldn’t be made. I’m an average height man. This regulation would put the railing at my arm pits. For many women, the railing would be at their eye level or above.

OSHA’s railing height requirement is 42″ +/- 3″, the approximate height of today’s cruise ship railings. The new railing height would block passengers’ view of the sea while sitting on deck, and make it difficult for many to stand and scan the sea, or take photographs. If passed, I think we’ll find many passengers dangerously standing on chairs and tables, at the railing, to get a better look. I believe the OSHA requirement is more than adequate unless the passenger is engaging in risky behavior, and who’s fault is that?

The Act includes excellent requirements in case of shipboard crime. Rape kits must be available and a licensed physician must be on board the ship 24×7. The rape kits must include in-date supplies of anti-retroviral and other medications to prevent sexually transmitted diseases. At least one crew member on every cruise must be fully trained in crime scene investigation. The Act includes the requirement that every crime will be reported, properly investigated, and logged. Every crime victim will be given access to privately contact the FBI and other US law enforcement personnel, as well as all crime evidence collected, and records made, including video.

One problem reported by the ICV in the past, was that once the cruise line dismissed a crew member due to alleged involvement in a crime, it was impossible to track him or her down. The Act would require the cruise lines to maintain a database of such crew members to assist victims and law enforcement officials in locating them.

One element which could make passengers considerably safer is notably missing from the Act, and from mention by ICV in their testimony. In reviewing the stories of ICV victims, and others in the news, it would appear that many incidents involve excessive drinking and/or other risky behaviors.

In Pennsylvania it’s illegal to sell alcoholic beverages to a person who is visibly or obviously intoxicated. Those who serve those people are held responsible for their actions while drunk. I have seen cruise ships serve obviously drunk people often. I have seen cruise passengers stagger down ships’ halls and decks. If we really want to make cruise ships safer, the cruise lines must be held responsible for continuing to serve intoxicated people more liquor. This Act needs to include such a regulation.

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