Towage (Tariff of Rates) Regulations, 2004

L.N. 514 of 2004

MALTA MARITIME AUTHORITY ACT

(CAP. 352)

Towage (Tariff of Rates) Regulations, 2004

IN exercise of the powers conferred by article 52 of the Malta

Maritime Authority Act, the Minister for Competitiveness and

Communications, in consultation with the Malta Maritime Authority,

has made the following regulations>-

These regulations may be cited as the Towage (Tariff of Rates) Citation and

commencement.

Regulations, 2004, and shall come into force on 1st January, 2005.

(Regulation 2)

Rates per tug per hour or part thereof

Column 1

Column 2

Column 3

Column 4

Rates applicable between Rates applicable between

Normal Rates

(Vide Note 2)

1600 hours and 2100 hours.2100 hours of one day

and

(Vide Note 3)

0800 hours of the next

following day and at any

time on Saturdays, Sundays

and Public Holidays.

(Vide Note 4)

Lm

Lm

Lm

For vessels up to 3,000gross

tons (gt)

For vessels of gross tons (gt)

between

3,001 and

6,000

6,001 and 10,000

10,001 and 13,000

13,001 and 16,000

16,001 and 20,000

20,001 and 24,000

24,001 and 35,000

35,001 and 45,000

45,001 and 60,000

60,001 and 80,000

80,001 and 100,000

100,000 and 150,000

150,000 and 200,000

For vessels exceeding

200,000 gross tons (gt)

B

(1) Subject to availability of the number of continuously manned tugs based at

Grand Harbour and Marsaxlokk respectively and subject to the prioritisation

of shipping movements in ports, towage services shall be delivered within

one hour’s notification of actual commencement of the operation

(2) Normal rates in accordance with the charges computed under Column 2

shall apply on normal working days – Monday to Friday – between 0800

hours and 1600 hours, excluding public holidays

Provided that when additional tugs are required over and above the tugs

continuously manned in Grand Harbour or Marsaxlokk respectively, the

charges computed at the rates under Column 3 or the charges computed at

the rates under Column 2 increased by Lm115 per tug, whichever is the

greater, shall be applicable for the additional tugs so required.

(3) For services between 1600 hours and 2100 hours there shall be applicable

either the charges computed at the rates under Column 3 or the charges

computed at the rates under Column 2 increased by Lm115 per tug,

whichever is the greater.

(4) For services between 2100 hours of one day and 0800 hours of the next

following day or at any time on a Saturday, Sunday or public holiday, there

shall be applicable either the charges computed at the rates under Column 4

or the charges computed at the rates under Column 2 increased by Lm225

per tug, whichever is the greater.

(5) Subject to the provisions of regulation 6 the minimum charge shall in no

case be less than the rate calculated for two hours.

(6) The rates payable in respect of tugs assisting a vessel on stand-by but not

actually involved in the manoeuvring of the ship shall be sixty per centum

of the tariff.

(7) The rates payable for the assistance of disabled vessels shall be increased by

fifty per centum, subject to a minimum of Lm450 per tug for vessels up to

3,000 gross tons (gt) and Lm750 per tug for vessels exceeding 3,000 gross

tons (gt), provided that this additional charge shall not apply to non self-

propelled barges and other vessels, both under forty-five (45) meters in

length.

“Disabled vessel” means any vessel which because of some circumstances

is unable to manoeuvre safely and under its own control and includes.

• vessels arriving off Malta or leaving Malta on tow;

• vessels with engine breakdown (partial or otherwise), including loss

of power or engines regardless of percentage loss, and including

cases where only one of a number of engines are operational;

• vessels with rudder trouble (partial of otherwise), including rudder

locked in a particular position;

• vessels with loss of steering abilities, regardless of limitations;

• vessels with generator failure;

• vessels with any other defect which affects the capability of the

vessel when manoeuvring, including loss of propeller;

• cold moves or dead ships;

• oil rigs and other craft/floating objects not of a normal design of a

ship.

This applies to any tug assistance to such vessels/crafts entering, shifting or

leaving the Maltese Harbours, and within Malta’s territorial limits.

Provided that the definition of "Disabled vessel" shall not apply to

breakdowns or defects of a temporary nature which occur during the

performance of a normal towage operation, when such breakdown or defect

lasts for 30 minutes or less.

(8) Subject to the provisions of regulation 2, the rates payable for the assistance

of vessels with 50% and over transhipment cargo calling at the Malta

Freeport facilities at Marsaxlokk and for vessels calling at Marsaxlokk in

connection with oil blending and storage operations for transhipment or re-

export purposes only, shall be calculated at a minimum rate of one hour or,

if in excess of one hour, the actual time of operation to the nearest quarter of

an hour.

(9) Subject to the provisions of regulation 4, when a tug is ordered for service

between 1600 hours of one day and 0800 hours of the next following day or

at any time on a Saturday, Sunday or public holiday without giving at least

three hours notice, an extra charge of Lm150 per tug shall be made.

(10) Where tow ropes are provided by the tug an extra charge of Lm25 per tug

shall be made.

(11) The rates applicable for vessels (including any type of craft or floating

object) whose breadth moulded is in excess of 25% of its length overall,

shall be increased by one hundred per centum (100%).

(12) “Gross tonnage (gt)” is calculated in accordance with the International

Convention on Tonnage Measurements of Ships 1969 which became

mandatory for all vessels in July 1994; provided that when the official

Gross Tonnage Certificate of a vessel has not been issued and, or cannot be

determined by a competent authority in accordance with the provisions of

the relative Convention, the rate per tug per hour shall be determined by the

length overall of the vessel on the basis of the gross tonnage of such vessels

of the same or similar length overall.

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

The charges for tug assistance to vessels entering, leaving or Tariff of rates.

shifting in ports, including the Grand Harbour, Marsamxett Harbour or

Marsaxlokk Harbour shall be at the rates specified in the Schedule to

these regulations.

(1) The time for which the rates are applicable in accordance Computation of

with the Schedule hereto shall start running either from the time the tug time.

is ordered to commence work or from the time of leaving berth,

whichever is the earlier, and the time of completion shall be that when

the tug reaches berth.

(2) Subject to the provisions of sub-regulation (1) of this

regulation, the time spent by the tug proceeding from berth to vessel to

commence operations or from vessel following the end of operation to

berth shall be calculated on the basis of a set rate irrespective of the

actual time taken, if the service is provided within –

(a)

Grand Harbour, at 20 minutes<

(b) Marsamxett Harbour, at 30 minutes<

(c)

Marsaxlokk Harbour, at 20 minutes<

(d) Grand Harbour or Marsaxlokk Harbour, if the tug or

tugs are based at the other harbour within 60 minutes<

(e)

Other ports, actual time from berth to berth.

The ordering of tugs shall take place as follows>

(a) for movements to take place between 1600 hours of one

day and 0800 hours of the next following day, the order shall be

made before 1200 hours<

(b) for movements to take place between 0800 hours and

1600 hours of the same day or at any time on Saturdays, Sundays

and Public Holidays, the order shall be made before 1700 hours of

the preceding day<

(c) for movements to take place at Marsaxlokk, the order

shall be placed at least three hours before the commencement of

the operations>

Provided that when additional tugs are required over and

above the tugs continuously manned in that Harbour the order for

the additional tugs so required shall be placed at least six hours

before the commencement of the operation<

(d) if orders for tugs are not placed in accordance with the

provisions of paragraphs (a), (b) and (c) hereof, tug assistance shall

be rendered subject to the other provisions of these regulations

and to note (9) of the Schedule hereto.

The Malta Maritime Authority may exempt from towage any

ship in any particular case.

(1) When normal rates are applicable under Column 2 of

the Schedule hereto, no charge shall be made in the case of tugs

continuously manned in that harbour if an order for the service of a tug

is cancelled and notice of such cancellation is given at least two hours

before the time such service was due to commence.

Provided that in the case of additional tugs being used over

and above the tugs continuously manned in that Harbour, the notice of

such cancellation shall be of at least four hours.

(2) If the notice of cancellation is not given as provided in

sub-regulation (1) of this regulation, there shall be charged half the

hourly rate specified in Column 2 of the Schedule.

(3) Where a tug is ordered for service between 1600 hours

of one day and 0800 hours of the next following day and such order is

cancelled –

(i) if the order is cancelled during normal working days,

not being a Saturday, Sunday or a public holiday, between 0800

hours and 1600 hours and such cancellation is made not later than

two hours before the time the service is due to commence, no charge

shall be made> provided that if notice of cancellation is not given

as aforesaid there shall be charged the minimum rate of one hour

as per Column 2 or Column 3 of the Schedule to these regulations,

as applicable and including reference to Note (3) thereof<

(ii) if the order is cancelled between 1600 hours and 0800

hours of the next following day or at any time on a Saturday,

Sunday or public holiday, there shall be charged the minimum

rate of one hour as per Column 3 or Column 4 of the Schedule to

these regulations, as applicable and including the references to

Notes (3) and (4) thereof.

The Towage (Tariff of Rates) Regulations, 1990 are hereby Repeals L.N. 192

of 1990.

repealed.