Limitation in relation to non‑seagoing ferries
85 Limitation in relation to non‑seagoing ferries
Notwithstanding section 84, in relation to a trading ship or an inland waterways vessel which in either case is a sheltered water passenger vessel, the Limitation Convention shall be read and construed as if the following paragraphs were substituted for Article 3 —
The amount to which the owner of a sheltered water passenger vessel may limit his liability under Article 1 shall be an aggregate amount of $45 000 for each passenger permitted by the vessel’s certificate of survey.
The distribution of the limitation fund among the claimants shall be made in proportion to the amounts of their established claims.
If before the fund is distributed the owner has paid in whole or in part any of the claims set out in Article 1 paragraph (1), he shall pro tanto be placed in the same position in relation to the fund as the claimant whose claim he has paid.
Where the ship owner establishes that he may at a later date be compelled to pay in whole or in part any of the claims set out in Article 1 paragraph (1) the Court or other competent authority of the State where the fund has been constituted may order that a sufficient sum shall be provisionally set aside to enable the ship owner at such later date to enforce his claim against the fund in the manner set out in the preceding paragraph.
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