Merchant Shipping (Safety Convention) Rules, 2003

Suppliment tal-Gazzetta tal-Gvern ta’ Malta, Nru. 17,339, 10 ta’ Jannar, 2003

L.N. 22 of 2003

MERCHANT SHIPPING ACT

(CAP. 234)

Merchant Shipping (Safety Convention) Rules, 2003

IN exercise of the powers conferred by articles 207, 208, 209, 212,

213, 285, 290, 300 and 374 of the Merchant Shipping Act, the Minister

for Transport and Communications has made the following rules:—

The title of these rules is the Merchant Shipping (Safety Short title.

Convention) Rules, 2003.

(1) In these rules, unless the context otherwise requires —

Interpretation.

“Act” means the Merchant Shipping Act;

“Safety Convention” means “The International Convention

for the Safety of Life at Sea” signed in London on 1st November,

1974 including any amendment or Protocol related thereto as may

from time to time be ratified, acceded to or accepted by the

Government of Malta and other instruments, standards and

specifications of a mandatory nature related thereto adopted or

developed by the International Maritime Organisation or in terms

of regulation 3(2)(a) hereof.

(2) Unless otherwise defined in these rules or unless the

context otherwise requires, words and expressions used in these rules

shall have the same meaning assigned to them in the Safety Convention.

(3) The term “Administration” as used in the Safety

Convention shall, for the purposes of these rules, mean the Registrar-

General.

(1) The Safety Convention as may from time to time be in Safety Convention

force, shall, unless otherwise provided in these rules and notwithstanding given

in Malta.

the provision of any other law, form part of and be enforceable as part

of the Law of Malta and shall apply to all Maltese ships and to all other

ships while they are in Maltese waters as determined by the said

Convention.

(2) The Registrar-General may either on a case by case basis

or through the issue of Merchant Shipping Notices —

(a) determine, lay down, prescribe, set or specify what may

be required to be determined, laid down, prescribed, set or specified

by these rules or by the Safety Convention, or expound on the

requirements of these rules or of such Convention or clarify their

applicability or interpretation; and

(b) extend any of the provisions of the Safety Convention

to other classes of Maltese ships or, to other classes of ships when

they are in Maltese waters;

and in so doing, and without prejudice to the generality of the foregoing,

the Registrar-General shall be guided by the circulars, clarifications,

codes, decisions, directives, guidelines, instruments, interpretations,

manuals, notices, publications, recommendations, regulations,

resolutions, rules or any other similar medium of the International

Maritime Organisation or any other body or organisation with an

appropriate knowledge or competence on the subject matter.

(3) The appropriate authority for the purposes of issuing

certificates in terms of the Safety Convention shall be the Registrar-

General or, an organisation or body authorised in terms of article 367 of

the Act or an official surveyor of ships appointed in terms of that article,

duly authorised by the Registrar-General who shall, subject to the

provisions of these rules and such Convention, determine the conditions

of issue and validity of such certificates.

It shall be the duty of the owner, of the company which has

assumed the operation of the ship and of the master to ensure that the

ship is in compliance with the provisions of these rules and the applicable

requirements of the Safety Convention and such person, if in fault, shall

be liable to the penalties provided for in the Act, and if no such penalty

is provided, such person shall for each offence be liable to a fine (multa)

not exceeding 500 units.

Save as provided for in these rules where any provisions of

any rules and regulations made under the Act are inconsistent with the

provisions of the Safety Convention, the provisions of that Convention

shall, unless specifically provided for in such rules or regulations, apply.

The Merchant Shipping (Navigational Warnings) Rules, 1974,

the Merchant Shipping (Dangerous Goods) Rules, 1974 and the

Merchant Shipping (Grain) Rules, 1974 are hereby revoked.

Mitbug[ fl-Istamperija tal-Gvern – Printed at the Government Printing Press