Mooring Services Regulations, 2011

L.N. 100 of 2011

AUTHORITY FOR TRANSPORT IN MALTA ACT

(CAP. 499)

PORTS AND SHIPPING ACT

(CAP. 352)

Mooring Services Regulations, 2011

IN exercise of the powers conferred by articles 43(3) and 44

of the Authority for Transport in Malta Act and article 27 of the

Ports and Shipping Act, the Minister for Infrastructure, Transport

and Communications, in consultation with the Authority for

Transport in Malta, has made the following regulations

(1) The title of these regulations is the Mooring

Services Regulations, 2011.

(2)

These regulations shall come into force on the 1st

April, 2011.

(3) The scope of these regulations is to regulate

(a) the mooring services provided from terminals

which accommodate ships which are obliged to navigate

under the direction of a Pilot according to the Maritime

Pilotage Regulations; and

the tariffs for such mooring services.

(b)

Regulation 10

Tariff for Mooring Services

1. For the purposes of this Schedule

“ton” means gross registered tonnage of a ship determined in accordance

with the provisions of the International Convention on Tonnage Measurement

of Ships, 1969;

2. For mooring or unmooring a ship on entering, leaving or shifting

berth at any berth, except at a buoy berth there shall be charged

(a)

Ships not exceeding 500 tons.................................................!35

(b)

Ships exceeding 500 tons and not exceeding

1,000 tons...............................................................................!45

(c)

Ships exceeding 1,000 tons and not exceeding

2,000 tons...............................................................................!50

(d)

Ships exceeding 2,000 tons and not exceeding

3,500 tons...............................................................................!55

(e)

Ships exceeding 3,500 tons and not exceeding

5,000 tons...............................................................................!55

(f)

Ships exceeding 5,000 tons and not exceeding

7,000 tons...............................................................................!60

(g)

Ships exceeding 7,000 tons and not exceeding

10,000 tons.............................................................................!65

(h)

Ships exceeding 10,000 tons and not exceeding

15,000 tons.............................................................................!70

(i)

Ships exceeding 15,000 tons and not exceeding

20,000 tons.............................................................................!75 6

(j)

Ships exceeding 20,000 tons and not exceeding

25,000 tons.............................................................................!80

(k)

Ships exceeding 25,000 tons and not exceeding

30,000 tons.............................................................................!95

(l)

Ships exceeding 30,000 tons and not exceeding

40,000 tons...........................................................................!100

(m) Ships exceeding 40,000 tons and not exceeding

50,000 tons...........................................................................!110

(n)

Ships exceeding 50,000 tons and not exceeding

60,000 tons...........................................................................!120

(o)

Ships exceeding 60,000 tons and not exceeding

(k)

Ships exceeding 25,000 tons and not exceeding

30,000 tons.............................................................................!95

(l)

Ships exceeding 30,000 tons and not exceeding

40,000 tons...........................................................................!100

(m) Ships exceeding 40,000 tons and not exceeding

50,000 tons...........................................................................!110

(n)

Ships exceeding 50,000 tons and not exceeding

60,000 tons...........................................................................!120

(o)

Ships exceeding 60,000 tons and not exceeding

70,000 tons...........................................................................!135

(p)

Ships exceeding 70,000 tons and not exceeding

80,000 tons...........................................................................!145

(q)

Ships exceeding 80,000 tons and not exceeding

90,000 tons...........................................................................!160

(r)

Ships exceeding 90,000 tons and not exceeding

100,000 tons.........................................................................!170

(s)

Ships exceeding 100,000 tons and not exceeding

110,000 tons.........................................................................!180

(t)

Ships exceeding 110,000 tons and not exceeding

120,000 tons.........................................................................!195

(u)

Ships exceeding 120,000 tons and not exceeding

130,000 tons.........................................................................!205

(v)

Ships exceeding 130,000 tons and not exceeding

140,000 tons.........................................................................!220

(w) Ships exceeding 140,000 tons and not exceeding

150,000 tons.........................................................................!230

(x)

Ships exceeding 150,000 tons and not exceeding

160,000 tons.........................................................................!240

(y)

Ships exceeding 160,000 tons and not exceeding

170,000 tons.........................................................................!255

(z)

For every additional 10,000 tons or part thereof in

excess of 170,000 tons ...........................................................!15

2. Additional mooring or unmooring dues at the rate of 15% on the

appropriate rates shall be payable in respect of services rendered between

sunset to sunrise and on Sundays and public holidays.

3. When a cancellation for a request for a mooring or unmooring

service is made, the following dues shall be applicable

(a)

when a cancellation notice is made prior to two

hours before commencement of operation.................. No charge

(b)

when a cancellation notice is made within the

two hours immediately proceeding the

commencement of operation...................... 25% of standard rate

(c)

when the mooring man has, on request,

reported aboard for an operation which is

later cancelled ............................................ 50% of standard rate

4. In respect of disabled vessels, there shall be payable in respect of

mooring men !93.17 per operation irrespective of number of mooring men.

5. A levy of five per centum on the gross expenses incurred for

mooring services shall always be charged.

6. For any other particular mooring services not otherwise specifically

provided for in this Schedule, the dues payable shall be determined by the

Authority who shall, as far as possible, assimilate them to the appropriate dues

specified in this Schedule.

€0.75

In these regulations, unless the context otherwise

requires

“the Act” means the Authority for Transport in Malta

Act;

“the Authority” means the Authority for Transport in

Malta as established by the Act;

“Master” shall have the same meaning as assigned to it

in the Act;

“the Minister” means the Minister responsible for ports

and shipping;

“mooring man” means a person authorised by a terminal

operator to provide a mooring service;

“mooring service” means the act, carried out by a

mooring man, of assisting the Master and, or the Pilot in

safely securing a ship in a terminal including unmooring or

changing the mooring of the ship, and includes any other

work connected thereto;

“mooring service tariff” shall be the whole amount

due by the ship for the provision of the mooring service as

specified in the Schedule;

“Pilot” shall have the same meaning as assigned to it in

the Act;

“port” shall have the same meaning as assigned to it in

the Act;

“ship” shall have the same meaning as assigned to it in

the Act;

“terminal” means a place where ships are moored,

berthed or docked; and

“terminal operator” means a person who is either

authorised or recognised by the Authority as the person

responsible for the management and operation of the

terminal.

(1) A terminal operator is responsible to ensure that the

ships in the terminal are safely secured by mooring men who are

adequately trained to provide mooring services

Provided that the coordination of mooring services at a

berth which is not managed and operated by a terminal operator

shall be the responsibility of the ship agent;

(2) The terminal operator shall be responsible to

(a) furnish the mooring men with the necessary

mooring equipment, including communication equipment and

safety gear;

(b) appoint a person or persons to coordinate and

ensure the provision of mooring services; and

(c) provide appropriate insurance cover to hold

mooring men harmless for damages to property and third

parties during the provision of mooring services provided that

such damage is not a result of gross negligence on the part of

the mooring men.

A terminal operator shall not allow the mooring, Mooring of ships.

unmooring or changing of the mooring of any ship at its the

terminal without the prior approval of the Authority.

All mooring men shall obey all lawful and legitimate Mooring men to obey

orders and instructions given by the Master or the Pilot during the orders

operation.

When providing mooring services, each mooring man Standard of care and

shall implement a high standard of care and skill.

(1) A mooring man shall immediately notify the Reports of accidents.

terminal operator of any incident or accident involving the ship

which he is serving, particularly any incidents or accidents that

may have resulted in injuries or loss of life or damage to port

facilities and, or property of third parties, and any near collisions

or misses or any concerns in respect to navigation as expressed by

the Master or Pilot whilst piloting a ship.

(2) The terminal operator shall immediately notify

the Authority of such incident or accident and shall provide the

Authority with a formal written report, within twenty four hours

after the occurrence of such incident or accident.

(1) The terminal operators and the Pilots shall establish Manning scales.

manning scales for specific mooring services.

(2) When establishing such manning scales, the

terminal operators and the Pilots shall take into account the size of

ships and the berths where ships are moored or berthed.

(3) In the case that the terminal operators and the Pilots

cannot agree on the manning scales, the Authority shall establish

such manning scales.

(1) The administration, collection and recovery of the Administration of

tariff for mooring services and the disbursements of this tariff shall tariff

be the responsibility of the terminal operator or the organisation

or body with which the terminal operator has a service level

agreement to provide mooring services.

(2) The ship agent of a ship that was provided with

mooring services shall be responsible for the prompt and full

payment of the mooring services tariff.

The remuneration for mooring services shall be in

accordance with the tariff for mooring services that is found in the

Schedule to these regulations.

The social security contributions payable by an

employed person and an employer in accordance with the

provisions of the Social Security Act shall be deemed to form part

of the tariff.

No mooring man, or terminal operator or any other

person providing mooring services shall demand or receive any

dues or other remuneration in respect of mooring services other

than those specified in the Schedule.

(1) A terminal operator may enter into a service level

agreement with any other person for the provision of mooring

(2) A service level agreement may, amongst other

matters, include the following

(a) a description of the services to be provided,

including the resources to be made available and the service

performance levels to be met by the parties to the agreement;

(b) the administration, collection and recovery of the

tariff for mooring services;

(c) the person or persons to coordinate and ensure the

provision of mooring services;

(d) the services that are required to be provided;

(e) the mechanisms for dispute resolution in case of

disagreement between the parties;

(f) the hours of work, including rosters and shift

systems allocation;

(g) the ordering procedure;

(h) the disciplinary procedures that may be taken

including, but not limited to, the non-attainment of agreed

minimum service performance; and

(i) the appropriate insurance cover to hold the mooring

men harmless for damages to property and third parties during

the provision of mooring services.

(3) The tariff for the mooring services provided may

also be regulated by a service level agreement but cannot exceed

the tariff found in the Schedule to these regulations and any other

law that the Authority is entitled to enforce.

The Authority shall have the right to demand such Statistical

statistical information in respect of mooring services from the information.

terminal operator in such format as the Authority may from time to

time prescribe.

Any person or terminal operator who contravenes any of Penalties.

the provisions of these regulations shall be guilty of an offence and

shall, on conviction, be liable to a fine (multa) of not less than two

hundred (200) euro but not exceeding two thousand (2,000) euro

for any one occurrence or to imprisonment for a term not exceeding

three months, or to both such fine and imprisonment.

Proceedings for an offence against these regulations

shall be taken before the Court of Magistrates (Malta) or the

Court of Magistrates (Gozo), as the case may be, and shall be in

accordance with the provisions of the Criminal Code regulating the

procedure before the said courts as courts of criminal judicature.

The Mooring Services Regulations, 2010 are hereby

2010. revoked.

Any obligation, liability, penalty or punishment incurred

under the Mooring Services Regulations, 2010 or in connection

with any breach of the provisions of those regulations, or any

proceedings or remedy relating to any such obligation, liability,

penalty or punishment, shall not be affected by such revocation.

Any proceeds in the Stabilisation Fund, on the day of

the coming into force of these regulations, shall remain in this

Fund until such time as the Minister determines how they are to be

disposed of.

19. Any proceeds in the Stabilisation Fund, on the day of the

coming into force of these regulations, shall remain in this Fund until

such time as the Minister determines how they are to be disposed of.