Use of Radiocommunications by Merchant Ships Regulations,

L.N. 455 of 2010

ELECTRONIC COMMUNICATIONS (REGULATION) ACT

(CAP. 399)

Use of Radiocommunications by Merchant Ships Regulations,

IN exercise of the powers conferred by article 36 of the

Electronic Communications (Regulation) Act, the Minister for

Infrastructure, Transport and Communications has made the

following regulations

The title of these regulations is the Use of

Radiocommunciations by Merchant Ships Regulations, 2010.

These regulations, other than regulation 7 hereof, shall

apply to ships, other than Maltese ships, while they are in Malta in

like manner as they apply to Maltese ships.

(1) Any reference in these regulations to “the Act” is

a reference to the Electronic Communications (Regulation) Act,

unless the context otherwise requires, and subject to the provisions

of subregulation (2) of this regulation, the provisions of article 28

of the Act shall apply to these regulations.

(2)

In these regulations unless the context otherwise

requires: -

“the Authority” means the Malta Communications

Authority;

“maritime radiocommunications inspector” means an

officer appointed by the Minister for the purposes of these

regulations and of Part IV of the Act and any references to

inspector in these regulations shall be construed as referring

to any such inspector;

“the Minister” means the minister responsible for

communications;

“passenger ship” has the same meaning as defined in the

Merchant Shipping Act.

Every sea-going Maltese ship being a passenger ship

or a ship of three hundred tons gross tonnage or upwards shall

be provided with a radiocommunications installation being a

Global Maritime Distress Safety System (GMDSS) or such other

radiocommunications installation as the Minister may prescribe

under the Act in respect of any category of ships, and a licence to

install and use the same, and shall maintain a radiocommunications

service which shall be at least sufficient to comply with these

regulations, the Act or any other regulations made thereunder and

with the provisions of the Merchant Shipping Act or with any

regulations made thereunder, and shall be provided with one or

more certified operators and watchers at least, in accordance with

such rules and regulations

Provided that the Minister may by order exempt, in

whole or in part, from the obligations imposed by these regulations

any ships or classes of ships if he is of the opinion that, having

regard to the nature of the voyages on which the ships are engaged,

or other circumstances of the case, it is appropriate so to do.

(1) A surveyor of ships or an inspector may inspect any

ship for the purpose of seeing that she is properly provided with

a radiocommunications installation and with certified operators

and watchers in conformity with these regulations and with any

rules from time to time made under the Act, and for the purpose

of that inspection shall have all the powers of a surveyor under the

Merchant Shipping Act.

(2) If the said surveyor or inspector finds that the ship

is not so provided, he shall give to the master or owner notice in

writing pointing out the deficiency, and also pointing out what in

his opinion is requisite to remedy the same.

(3) Every notice so given shall be communicated by

the said surveyor or inspector in writing to the Comptroller of

Customs, and any ship which may seek to obtain a clearance or

transire shall be detained until a certificate under the hand of any

such surveyor or inspector is produced by the master of the ship to

the Comptroller of Customs to the effect that the ship is properly

provided with radiocommunications installation and certified

operators and watchers in conformity with these regulations, with

the Act and with any other regulations from time to time made

under the Act.

(4) If the surveyor or inspector is satisfied that a

ship is properly provided with an installation and operators and

watchers as required by these regulations, the Act or by regulations

made from time to time under the Act, he shall forthwith inform

the Comptroller of Customs in writing that the ship is so provided

and shall give a certificate under his hand to the same effect to the

owner or master of the ship.

(1) The licence to install and use a radiocommunications

installation required by these regulations may be issued by the

Authority to the owner of a ship or his agent applying for the same

as soon as the Authority shall have received from the surveyor or

inspector the certificate aforesaid

Provided that the Authority may, notwithstanding

the provisions of this sub-regulation, issue a provisional licence

or a number of provisional licences which in the aggregate shall

not cover a period exceeding twelve months, from the date of

registration of a vessel under the Merchant Shipping Act, in

such circumstances and under such conditions as he may deem

appropriate.

(2) A licence shall be valid for the period, not being

more than a period of thirty-six calendar months as may be stated

in the licence and may be renewed for successive periods each not

being of more than thirty-six months, as may be stated on renewal.

(1) The owner of any sea-going Maltese ship which Sea-going ships

is provided with a radiocommunications installation,or his agent, provided

shall, whether the foregoing provisions apply to the ship or installation to obtain

not, obtain a licence from the Authority to install and use such licence.

installation.

(2) This regulation shall not apply to a Maltese ship

bareboat charter registered in a foreign registry, while it is so

registered.

If any of the provisions of these regulations are not

complied with in the case of any ship, any person being owner,

master or agent of the ship as the case may be shall, on conviction,

be liable in respect of each offence to a fine (multa) of not less

than three hundred euro (€300) and not more than five thousand

euro (€5,000), and any such offence may be prosecuted before the

Court of Magistrates.

B

The obligations imposed by these regulations shall be

Regulations are

in addition to the

in addition to, and not in substitution for, the obligations as to

Merchant Shipping

radiocommunications imposed by the Merchant Shipping Act.

Act.

€0.37