Merchant Shipping Code of Ukraine (Edition of July 04, 2013)

SECTION VII. Sea Towage.

Chapter 1. General Rules.

Clause 222. Definition of Contract.

In accordance with the sea towage contract (thereafter called a Contract) the Proprietor (Owner) of the vessel shall undertake to tow the other vessel or other floating craft at a certain distance or during a certain time, or for performing a maneuver, for award.

Clause 223. Seaworthiness of Vessel.

Each of the parties to the contract shall undertake to bring its vessel or other floating craft ahead of time in a condition fit for performing the operations and works stipulated by the Contract.

The owners of the vessel and the towed object shall not be liable for any deficiencies of their vessel and craft if they prove that said deficiencies could not be revealed upon exercising proper care and thoroughness (latent deficiencies).

Clause 224. Towage in Ice Conditions.

The owner of the towing vessel shall not be liable for any damage or losses inflicted on the towed vessel or craft or the property and cargo contained therein unless it is proven that said damage or losses were due to the fault of the towing vessel.

Clause 225. Liability of Towing Vessel.

A liability for damage or losses incurred during towage upon the towed vessel or craft or the property and cargo contained therein shall be borne by the Owner of the towing vessel, if the Master of the towing vessel commands towage operation unless otherwise stipulated in an agreement between the Parties and unless the Owner of the towing vessel proves that he is not guilty.

Clause 226. Liability of Towed Vessels.

A liability for damage or losses inflicted during towage upon the towing vessel or upon the property and cargo found thereon shall be borne by the Owner of the towed vessel or craft if the Master of the towed vessel or of other craft commands towing operation unless otherwise provided for by the Parties' agreement and unless the Master of the towed vessel or craft proves his innocence.

Clause 227. Period of Liability in Towage.

A commencement of liability of the towing vessel's owner in accordance with the Contract shall be the moment when the towed vessel or other floating craft is taken on tow in the initial point of towage, and a termination of liability - when the towed vessel or other craft is safely moored or anchored in the final point of towage.

Clause 228. Assistance to Vessel in Distress.

In case of a marine emergency or incident involving the towed vessel or other floating craft for reasons not dependent on the towing vessel, the Master of the latter shall undertake to provide said vessel or craft with life-saving means and to render her the necessary assistance until said vessel or craft can do without a salver, with due reimbursement of actual salvage expenses of the towing vessel only and without payment of salvage award.