PREVENTION OF COLLISIONS REGULATIONS

PREVENTION OF COLLISIONS

SUBSIDIARY LEGISLATION 234.20

PREVENTION OF COLLISIONS REGULATIONS

7th November, 2003

LEGAL NOTICE 340 of 2003.

The title of these regulations is Prevention of Collisions

Regulations.

(1)

In these regulations, unless the context otherwise

requires -

"the Act" means the Merchant Shipping Act;

"the Collisions Convention" means the Convention on the

International Regulations for Preventing Collisions at Sea signed in

London on the 20th October, 1972 including any amendment or

Protocol related thereto as may from time to time be ratified,

acceded to or accepted by the Government of Malta and other

instruments, standards and specifications of a mandatory nature

related thereto adopted or developed by the International Maritime

Organisation or in terms of regulation 3(2)(a) hereof.

(2) Unless otherwise defined in these regulations or unless the

context otherwise requires, words and expressions used in these

regulations shall have the same meaning assigned to them in the

Collisions Convention.

(1) The Collisions Convention as may from time to time be

in force, shall, unless otherwise provided in these regulations and

notwithstanding the provision of any other law, form part of and be

enforceable as part of the Law of Malta and shall apply to all

Maltese ships and to all other ships while they are in Maltese

waters as determined by the said Convention.

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

through the issue of Merchant Shipping Notices -

(a) determine, lay down, prescribe, set or specify what

may be required to be determined, laid down,

prescribed, set or specified by these regulations or by

the Collisions Convention, or expound on the

requirements of these regulations or of such

Convention or clarify their applicability or

interpretation; and

(b) extend any of the provisions of the Collisions

Convention to other classes of Maltese ships or, to

other classes of ships when they are in Maltese waters,

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

PREVENTION OF COLLISIONS

organization with an appropriate knowledge or competence on the

subject matter.

It shall be the duty of the owner, of the company which has

assumed the operation of the ship and of the master to ensure that

the ship is in compliance with the provisions of these regulations

and the applicable requirements of the Collisions Convention and

such person, if in fault, shall be liable to the penalties provided for

in the Act.

Save as provided for in these regulations where any

provisions of any rules and regulations made under the Act are

inconsistent with the provisions of the Collisions Convention, the

provisions of that Convention shall, unless specifically provided

for in such rules or regulations, apply.