Vessel Traffic Monitoring and Reporting Requirements

L.N. 449 of 2011

AUTHORITY FOR TRANSPORT IN MALTA ACT

(CAP. 499)

Vessel Traffic Monitoring and Reporting Requirements

(Amendment) Regulations, 2011

IN exercise of the powers conferred by article 43(1) and

(3) of the Authority for Transport in Malta 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 Vessel Citation and

Traffic Monitoring and Reporting Requirements (Amendment)

Regulations, 2011 and they shall be read and construed as one

with the Vessel Traffic Monitoring and Reporting Requirements

Regulations, 2004, hereinafter referred to as “the principal

regulations”.

(2) These regulations shall come into force on the 1st

of January, 2012.

In sub-regulation (1) of regulation 2 of the principal

regulations, immediately after the words “23rd April, 2009”

there shall be added the words “and Directive 2011/15/EU of the

European Commission of the 23rd February, 2011”.

Regulation 9 of the principal regulations shall be

amended as follows

(a) sub-paragraph (a) thereof shall be substituted with

the following

“(a) Any passenger ship, irrespective of its size,

and all other ships, other than passenger ships, of 300

gross tonnage and more, calling at a port in Malta,

shall be fitted with an automated identification system

(AIS) in accordance with the technical and performance

standards laid down in Chapter V of the International

Convention for the Safety of Life at Sea (SOLAS) 1974,

as amended

Provided that the provisions of this regulation shall

not apply to

(i) passenger ships below 15 metres in

length overall or 300 gross tonnage engaged only

in domestic voyages;

(ii) all other ships of 300 gross tonnage

and more but less than 500 gross tonnage sailing

exclusively within Maltese waters and outside the

routes normally used by ships fitted with an AIS;

and

(iii)

all other ships below 300 gross

tonnage.”;

(b) sub-paragraph (d) thereof shall be substituted with

the following

“(d) (i) Passengers ships, irrespective of their

sizes, and all other ships, other than passenger ships, of

3,000 gross tonnage and more, engaged on international

voyages calling at a port in Malta, shall be fitted with

a voyage data recorder (VDR) in accordance with

the technical and performance standards laid down in

Chapter V of SOLAS

Provided that in case of cargo ships of 3,000 gross

tonnage and more constructed before 1st July, 2002

the VDR may be the simplified voyage data recorder

(S-VDR) which shall comply with the technical and

performance standards developed in accordance with

Chapter V of SOLAS.

(ii) Passenger ships, irrespective of their

sizes, and all other ships, other than passenger ships, of

3,000 gross tonnage and more, constructed on or after

1st July, 2002, sailing exclusively within the Maltese

waters, shall be fitted with a VDR which complies with

the technical and performance standards developed in

accordance with Chapter V of SOLAS.

(iii) Cargo ships of 3,000 gross tonnage

and more constructed before 1st July, 2002, sailing

exclusively within the Maltese waters, shall be fitted

with a VDR or with an S-VDR which complies with

the technical and performance standards developed in

accordance with Chapter V of SOLAS.

(iv)

The provisions of this regulation shall

not apply to

(a) the fitting of a VDR on passenger ships

engaged on voyages in sea areas other than those

covered by Class A, as referred to in Article 4 of

Directive 2009/45/EC of the European Parliament

and of the Council of 6th May 2009 on safety rules

and standards for passenger ships;

(b) the fitting of a VDR on ships, other than

ro-ro passenger ships, constructed before 1st July,

2002 where it can be demonstrated that interfacing

a VDR with the existing equipment on the ship is

unreasonable and impracticable; and

(c) the fitting of an S-VDR on cargo

ships constructed before 1st July, 2002, whether

engaged on international voyages or exclusively

in the Maltese waters, if such ships are to be taken

permanently out of service within two years of

the implementation date specified in Chapter V of

SOLAS.”; and

(c) In paragraph (e) thereof, for the words “a VDR

system” there shall be substituted the words “VDR and

S-VDR systems”.

Regulation 14 of the principal regulations shall be Amends regulation

renumbered as sub-regulation (1) thereof and immediately after regulations.

sub-regulation (1) as renumbered there shall be added the following

new sub-regulation

“(2) In the case of a ship which is towed under

a towage or salvage agreement, the measures taken by the

Authority under paragraphs (a) and (d) may also be addressed

to the assistance, salvage and towage companies involved.”.

€0.36