Tonnage Limitation Calculator

Important Notes:

• Limits are derived from rr 9 and 11 of the Sarawak Regulations 1960. This is incorporated by reference for Sabah by rr 3 and 2nd Schedule of the Sabah Regulations 1961.
• Reg 9 is the interpretation section, and reg 11 is the substantive provision. Reg 9 of the Sarawak Regulations follows the model of s 503 UK Merchant Shipping Act 1894 (as amended by Merchant Shipping (Liability of Shipowners and Others) Act 1958 (now repealed).
• Peninsular Malaysia and Labuan adopted the LLMC 1976 as amended by the 1996 Protocol (but excluding the ‘tacit amendment’ procedure in the 1996 Protocol) on 1 March 2014 by the amendments to s 360 and 16th Schedule of the Merchant Shipping Ordinance 1952 (MSO 1952) brought by Merchant Shipping (Amendment and Extension) Act 2011 (s 5 there). Until before that, the laws and limits in Peninsular Malaysia / Labuan and Sabah / Sarawak was materially similar.
• Contents below represent the law as it is currently in force in Sabah and Sarawak, based on the said rr 9 and 11 of the Sarawak Regulations.
• The limitation is available to ships, whether seagoing or not (rr 9(1)). Note: The Limitation Convention 1957/1979 made available the limitation only to seagoing ships.
• 'Ship' is widely defined to include a ship under construction, insofar as the it is intended or launched for use in navigation as a ship (r 9(1)). ’Owner’ is defined to include the owner, builder or other party interested in any ship built at any place in any part of the Commonwealth (with certain extensions).
• The conduct barring limitation is “actual fault or privity” of the owner, that is, the right to limit is lost where the occurrence took place with his actual fault or privity.
• The burden to prove no actual fault or privity is on the owner. Note: This is different from the Limitation Convention 1957/1979, which places the burden on the person opposing the limitation, as interpreted in Malaysia like England and many other commonwealth countries.
• Limits are stated in Gold Francs, converted to Malaysian Ringgit (MYR) at a fixed rate: 1,000 Gold Francs = MYR 203.07 (r 11(2)(c)).
• Tonnage is the registered/licensed tonnage + engine room space constitutes the 'tonnage' (r 11(2)(d)-(g)).
• For loss of life/personal injury claims, ships less than 300 tons are deemed 300 tons (r. 11(2)(h)).
• Liability limits may not apply if a contract of service is governed by foreign law with no or higher limits (r 11(5)).