MERCHANT SHIPPING (SAFETY CONVENTION) RULES

(SAFETY CONVENTION)

SUBSIDIARY LEGISLATION 234.30

MERCHANT SHIPPING (SAFETY CONVENTION)

RULES

10th January, 2003

LEGAL NOTICE 22 of 2003.

The title of these Rules is the Merchant Shipping (Safety

Convention) Rules.

(1)

In these rules, unless the context otherwise requires -

''Act'' means the Merchant Shipping Act;

''Safety Convention'' means the International Convention for the

Safety of Life at Sea signed in London on 1st November, 1974,

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 rules or unless the

context otherwise requires, words and expressions used in these

rules shall have the same meaning assigned to them in the Safety

Convention.

(3) The term ''Administration'' as used in the Safety Convention

shall, for the purposes of these rules, mean the Registrar-General.

(1) The Safety Convention as may from time to time be in

force, shall, unless otherwise provided in these rules 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 rules or by the

Safety Convention, or expound on the requirements of

these rules or of such Convention or clarify their

applicability or interpretation; and

(b) extend any of the provisions of the Safety 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,

(SAFETY CONVENTION)

regulations, resolutions, rules or any other similar medium of the

International Maritime Organisation or any other body or

organisation with an appropriate knowledge or competence on the

subject matter.

(3) The appropriate authority for the purposes of issuing

certificates in terms of the Safety Convention shall be the

Registrar-General or an organisation or body authorised in terms of

article 367 of the Act or an official surveyor of ships appointed in

terms of that article, duly authorised by the Registrar-General who

shall, subject to the provisions of these rules and such Convention,

determine the conditions of issue and validity of such certificates.

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 rules and the

applicable requirements of the Safety Convention and such person,

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

and if no such penalty is provided, such person shall for each

offence be liable to a fine (multa) not exceeding 500 units.

Save as provided for in these rules where any provisions of

any rules and regulations made under the Act are inconsistent with

the provisions of the Safety Convention, the provisions of that

Convention shall, unless specifically provided for in such rules or

regulations, apply.