Regulations, 2003

Suppliment tal-Gazzetta tal-Gvern ta’ Malta, Nru. 17,341, 17 ta’ Jannar, 2003

L.N. 29 of 2003

MERCHANT SHIPPING ACT

(CAP. 234)

Merchant Shipping (Safe Manning and Watchkeeping)

Regulations, 2003

IN exercise of the powers conferred by articles 90, 281 and 374 of

the Merchant Shipping Act, the Minister for Transport and

Communications has made the following regulations>–

The title of these regulations is the Merchant Shipping (Safe Short title.

Manning and Watchkeeping) Regulations, 2003.

(1)

In these regulations, unless the context otherwise Interpretation.

requires –

“Act” means the Merchant Shipping Act<

“appropriate certificate” means an appropriate certificate as

defined in the STCW Convention<

“authorised person” means a person authorised by the

Registrar-General for the purpose of these regulations<

“company” includes an individual, and in relation to a ship

means the owner of the ship or any other organisation or person

such as the manager, or the bareboat charterer, who has assumed

responsibility for the operation of the ship from the owner and

who, on assuming such responsibility has agreed to take over all

the duties and responsibilities imposed on the company by the

regulations annexed to the STCW Convention<

“GT” means gross tonnage<

“hazardous cargo” means cargo which is or may be explosive,

flammable, toxic, health threatening or environment-polluting<

“safe manning document” means a document described as

such issued, in the case of a Maltese ship by the Registrar-General,

and in the case of any other ship, by or on behalf of the Government

of the State whose flag the ship is entitled to fly<

“STCW Code” means the Seafarers’ Training Certification

and Watchkeeping Code adopted by the 1995 Conference of Parties

to the STCW Convention<

“STCW Convention” means the International Convention on

Standards of Training, Certification and Watchkeeping signed in

London on 7th July 1978.

(2) Any reference in these regulations to an international

convention or its related code shall include reference to any amendments

to such convention code accepted by the Government of Malta.

(3) Any reference in these regulations to an article, regulations,

regulation or paragraph shall include reference to any amendment to or

replacement of such article, regulations, regulation or paragraph.

(1) Subject to subregulation (2)(c) hereof these regulations

apply to all sea-going ships, except fishing vessels and pleasure craft,

that are Maltese ships wherever they are and other ships when in Maltese

waters.

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

or through the issue of Merchant Shipping Notices –

(a) extend, subject to such conditions as may be deemed

proper, any of the provisions of these regulations to any Maltese

ship or to other classes of Maltese ships or, to any ship or to other

classes of ships when they are in Maltese waters<

(b) exempt, subject to such conditions as may be deemed

proper, from any of the provisions of these regulations any Maltese

ship or classes of Maltese ships or, any ship or classes of ships

when such ship or ships are in Maltese waters< and

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

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

by these regulations or expound on the requirements of these

regulations or clarify their applicability or interpretation<

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.

Responsibilities of

(1) This regulation applies only to Maltese ships.

companies, masters

and others.

(2) Every company shall ensure that -

(a) every seaman assigned to any of its ships holds an

appropriate certificate in respect of any function the seaman is to

perform on that ship<

(b) every seaman on any of its ships has had training

specified in the Merchant Shipping (Training and Certification) L.N. 197 of 2001.

Regulations, 2001 in respect of any function the seaman is to

perform on that ship<

(c) documentation and data relevant to all seamen employed

on its ships are maintained and readily available for inspection

and include, without being limited to, documentation and data on

their experience training, medical fitness and competency in

assigned duties.

(3) Nothing in subregulation (2) hereof shall prohibit the

allocation of tasks for training under supervision or in case of force

majeure.

(4) The company shall provide written instructions to the

master of each of its ships setting out the policies and the procedures to

be followed to ensure that all seamen who are newly employed on board

the ship are given a reasonable opportunity to become familiar with the

shipboard equipment, operating procedures and other arrangements

needed for the proper performance of their duties, before being assigned

to their duties.

(5) The policies and procedures referred to in subregulation

(4) hereof shall include -

(a) allocation of a reasonable period of time during which

each newly employed seaman will have an opportunity to become

acquainted with -

(i) the specific equipment the seaman will be operating<

and

(ii) ship-specific watchkeeping, safety, environmental

protection and emergency procedures and arrangements the

seafarer needs to know to perform the assigned duties

properly<

(b) designation of a knowledgeable crew member who will

be responsible for ensuring that an opportunity is provided to each

newly employed seaman to receive essential information in a

language the seaman understands.

(6) It shall be the duty of any master and any member of a

crew designated with an obligation under subregulation (4) hereof to

carry out that obligation.

(1) It shall be the duty of the company to ensure that in

relation to every ship of 500 GT or more -

(a) a safe manning document is in force in respect of the

ship and the manning of the ship<

(b) the safe manning document is kept on board the ship at

all times<

(c) the manning of the ship is maintained at all times to at

least the levels specified in the safe manning document.

(2) The master of any ship to which these regulations apply

shall ensure that the ship does not proceed to sea unless there is on

board a valid safe manning document issued in respect of the ship and

the manning of the ship complies with that document.

(3) It shall be the duty of the company applying for a safe

manning document in respect of any Maltese ship to submit to the

Registrar-General any information that may be required for the issue of

such document.

(4) It shall be the duty of the company after the issue of a

safe manning document to inform the Registrar-General as soon as there

is any change of the circumstances which are pertinent to that safe

manning document.

(1) The master of any ship shall ensure that the watchkeeping

arrangements for the ship are at all times adequate for maintaining safe

navigational and engineering watches having regard to Chapter VIII of

section A of the STCW Code.

(2) Without prejudice to the duties of the master provided

by subregulation (1) hereof the master shall give directions to the deck

watchkeeping officers responsible for navigating the ship safely during

their periods of duty, in accordance with Part 3-1 of Section VIII#2 of

the STCW Code and any requirements specified by the Registrar-

General.

(3) The chief engineer officer of any ship shall ensure that

the engineering watchkeeping arrangements for the ship are at all times

adequate for maintaining a safe watch in accordance with Part 3-2 of

Section A-VIII#2 of the STCW Code, and when deciding the composition

of the watch the chief engineer officer shall observe the principles set

out in Part 3-2 of that section and the requirements specified by the

Registrar-General.

The master of any ship which is safely moored or safely at Watchkeeping

arrangements in

anchor under normal circumstances in port shall arrange for an port.

appropriate and effective watch to be maintained for the purposes of

safety. Such arrangements shall be in accordance with Part 4 of section

A-VIII#2 of the STCW Code and any operational guidance specified by

the Registrar-General.

The master of any ship which is carrying hazardous cargo and Watchkeeping

arrangements in

which is in port, even when safely moored or safely at anchor, shall in port for ships

addition to any watchkeeping arrangements required under regulation carrying hazardous

cargo.

7 hereof, in the case of -

(a) a ship carrying hazardous cargo in bulk ensure that a

safe deck watch and safe engineering watch are maintained by the

ready availability on board of a duly qualified officer or officers,

and where appropriate ratings< and

(b) a ship carrying hazardous cargo other than in bulk, ensure

that in organising safe watchkeeping arrangements account is taken

of the nature, quantity, packing and stowage of the hazardous cargo

and of any special conditions on board, afloat and ashore.

Without prejudice to regulation 4 hereof, the company and Carriage of

documents.

the master shall ensure that there are carried at all times on board ship

all original certificates and other documents issued persuant to the STCW

Convention indicating the qualification of any member of the crew to

perform functions which they are required.

(1)

An authorised person may inspect any ship for the Inspection of ships.

purpose of -

(a) verifying that all seamen serving on board who are

required to be certificated hold valid appropriate certificates<

(b) assessing the ability of the seamen in a Maltese ship to

maintain the watchkeeping standards required by these regulations<

and

(c) assessing the ability of the seamen in a ship which is not

a Maltese ship to maintain the watchkeeping standards required

by these regulations where there are grounds for believing that

such standards are not being maintained because, while in Maltese

waters, or in the approaches to those waters, any of the following

has occurred -

(i) the ship has been involved in a collision, grounding

or stranding<

(ii) there has been an unlawful discharge of substances

from the ship when underway, at anchor or at berth<

(iii) the ship has been manoeuvered in an erratic or

unsafe manner< or

(iv) the ship has otherwise been operated in such a

manner as to pose a danger to persons, property or the

environment.

(2) If an authorised person finds on inspection any

deficiency of a kind specified in subregulation (3) hereof such person

shall notify in writing the master of the ship and also, in the case of a

ship which is not a Maltese ship, the nearest maritime, consular or

diplomatic representative of the flag State.

(3)

Deficiencies referred to in subregulation (2) hereof

are -

(a) failure of any seaman, required to hold an appropriate

certificate to have a valid appropriate certificate or a valid

exemption from that requirement<

(b) failure to comply with the safe manning requirement

(c) failure of navigational or engineering watch

arrangements to conform to the requirements specified for the ship

by the competent authority of the country in which the ship is

registered<

(d) absence on a watch of a person qualified to operate

equipment essential to safe navigation, safety radio

communications or the prevention of marine pollution.

In any case where it is found -

Power to detain.

(a) in relation to a ship which is a Maltese ship, that there is

any contravention of these regulations< or

(b) in relation to a ship which is not a Maltese ship, that

there is -

(i) any contravention of regulation 5, 6, 7 or 8 hereof<

or

(ii) a failure to correct a deficiency of a kind specified

in regulation 10(3) hereof after notification to the master

pursuant to that same regulation, and there is in consequence

a danger to persons, property or the environment,

the Registrar-General may detain such ship in terms of the Act until the

Registrar-General is satisfied that ship is fit to proceed to sea.

Any person or company who contravenes the provisions of Penalties.

these regulations shall, for each offence, 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

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