The reference to a ship “includes references to any structure (whether completed or in course of completion) launched and intended for use in navigation as a ship or part of a ship”. this is usually decided as a matter of fact on a case-by-case basis taking into account the use of the particular structure in question in navigation and also the policy reasons or the practicalities that may suggest that a structure should or should not be described as a ship. The term “used in navigation” is arguably not satisfied by “controlled travel over water” but “ordered progression over the water from one place to another”.
Thus, jet skis do not satisfy the “use in navigation” criterion, while a jack- up oil rig was considered under a different statute to fulfil the navigation criteria even if its primary purpose was not navigation.
Ships engaged in drilling, whether specifically constructed for this purpose or adapted, while engaged in drilling may be excluded.
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