MERCHANT SHIPPING (CARRIAGE OF PASSENGERS BY SEA) REGULATIONS

MERCHANT SHIPPING

[ S.234.52

(CARRIAGE OF PASSENGERS BY SEA)

SUBSIDIARY LEGISLATION 234.52

MERCHANT SHIPPING (CARRIAGE OF

PASSENGERS BY SEA) REGULATIONS

23rd April, 2014 *

LEGAL NOTICE 26 of 2014.

The title of these regulations is the Merchant Shipping

(Carriage of Passengers by Sea) Regulations.

(1)

In these regulations, unless the context otherwise

requires -

"the 2009 Regulation" means Regulation (EC) No 392/2009 of

the European Parliament and of the Council of 23 April 2009 on the

liability of carriers of passengers by sea in the event of accidents,

in its up to date version;

"the Act" means the Merchant Shipping Act;

"Athens Convention" means the Athens Convention relating to

the Carriage of Passengers and their Luggage by Sea, 1974 and the

Protocol of 2002 to the Convention, 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

Organization;

"Athens Convention Country" means a country in respect of

which the Athens Convention is in force;

"insurance" means insurance or other financial security

satisfying the requirements of article 4bis of the Athens

Convention;

"international carriage" means any carriage in which, according

to the contract of carriage, the place of departure and the place of

destination are situated in two different States, or in a single State

if, according to the contract of carriage or the scheduled itinerary,

there is an intermediate port of call in another State;

"Registrar General" means the Registrar General of Shipping and

Seamen appointed under article 363 of the Act and includes any

person acting under his authority.

(2) Unless otherwise defined in the Act or in these regulations,

or unless the context so requires, words and expressions used in

these regulations shall have the same meaning assigned to them in

the 2009 Regulation and in the Athens Convention.

These regulations shall apply to any international carriage

where

*see regulation 1(2) as originally promulgated.

MERCHANT SHIPPING

(CARRIAGE OF PASSENGERS BY SEA)

(a) the ship is registered in Malta, or

(b) the contract of carriage has been made in Malta, or

(c) the place of departure or destination is in Malta.

A ship may not enter or leave a port in Malta, nor, if the

ship is a Maltese ship, a port in any other country, unless there is an

insurance cover in force, in respect of that ship and a certificate,

complying with the provisions of regulation 6.

The appropriate authority for the purpose of issuing the

certificate attesting that an insurance cover or other financial

security is in force, as referred to in the Athens Convention, in

respect of ships registered in Malta shall be the Registrar General

who shall determine the conditions of issue and validity of such

certificate and, in respect of ships registered in a State not party to

the Athens Convention, shall be the said Registrar General who

shall have such powers as aforesaid, or the appropriate authority of

a State Party to the Convention.

(1) Subject to sub-regulation (2), if the Registrar General

is satisfied on the application for such a certificate as is mentioned

in regulation 5 in respect of a Maltese ship or a ship registered in

any country that is not an Athens Convention Country that there

will be in force throughout the period for which the certificate is to

be issued a contract of insurance or other financial security

satisfying the requirements of Article 4bis of the Athens

Convention, the Registrar General may issue such certificate to the

registered owner.

(2) If the Registrar General is of the opinion that there is doubt

whether -

(a) the person providing the insurance will be able to meet

its obligations thereunder; or

(b) the insurance will not cover the registered owners

liability under the 2009 Regulation,

the Registrar General may, after taking into account any other

matters which appear to be relevant, refuse to issue the certificate.

(3) Where, at any time while a certificate is in force, the person

to whom the certificate has been issued ceases to be the owner of

the ship to which the certificate relates, the certificate shall be

delivered up forthwith to the Registrar General and in such case

shall be cancelled by the Registrar General.

(4) Where, at any time while a certificate is in force, it is

established in any legal proceedings that the contract of insurance

in respect of which the certificate is issued is or may be treated as

invalid, the certificate may be cancelled by the Registrar General

and, if so cancelled, shall on demand be delivered up to the

Registrar General by the person to whom it was issued.

(5) Where, at any time while a certificate is in force,

circumstances arise in relation to the issuer or guarantor named in

the certificate (or where more than one is so named, any of them)

such that if the certificate were applied for at that time, the

Registrar General would have been entitled to refuse the

MERCHANT SHIPPING

[ S.234.52

(CARRIAGE OF PASSENGERS BY SEA)

application under sub-regulation (2), the certificate may be

canc elle d by the R egistrar Ge ne r a l a n d i f so c a n c e l le d t h e

certificate shall on demand be delivered up to the Registrar General

by the person to whom it was issued.

(6) If a person required by sub-regulations (3) to (5) to deliver

up a certificate fails to do so he shall be liable on conviction to a

fine of 1000 units.

A shipowner or master shall be liable to a fine (multa) not

exceeding 500 units if -

(a) a ship belonging to the shipowner enters or leaves a

port in contravention of regulation 4;

(b) anyone attempts to navigate that ship into or out of a

port in contravention of regulation 4.

(1) A ship may be detained if anyone attempts to navigate

it out of port in contravention of these regulations.

(2) An officer detaining the ship must serve on the master of

the ship a notice which -

(a) states the reason for the detention; and

(b) requires the ship to comply with the terms of the notice

until it is released by the competent authority.

(3) Where a ship, which is not a Maltese ship, is detained the

Registrar General must immediately inform, in writing -

(a) the ship’s flag state administration; or if this is not

possible,

(b) the Consul of the State of the flag administration; or in

the Consul’s absence,

(c) the nearest diplomatic representative of the State of the

flag administration.

(4) The written information referred to in sub-regulation (3)

must set out all the circumstances of the decision to detain the ship.

(5) Where sub-regulation (3) applies the Registrar General

must notify all relevant nominated surveyors or recognised

organisations responsible for the issue of classification certificates.

A carrier or performing carrier which fails to supply a

passenger with the information specified in article 7 of the 2009

Regulation shall be guilty of an offence and liable to a fine (multa)

not exceeding 500 units.

(1) The fee to be charged for issuing the certificate

attesting that an insurance cover or other financial security is in

force, shall be one hundred euro (€100), in respect of a ship

registered in Malta.

(2) The fee to be charged for issuing the certificate attesting

that an insurance cover or other financial security is in force, shall

be two hundred and fifty euro (€250), in respect of a ship not

registered in Malta.