USE OF RADIOCOMMUNICATIONS BY MERCHANT SHIPS REGULATIONS

USE OF RADIOCOMMUNICATIONS BY MERCHANT SHIPS

SUBSIDIARY LEGISLATION 399.32

USE OF RADIOCOMMUNICATIONS BY

MERCHANT SHIPS REGULATIONS

15th October, 2010

LEGAL NOTICE 455 of 2010.

The title of these regulations is the

Use

of

Radiocommunications by Merchant Ships Regulations.

These regulations, other than regulation 7, shall apply to

ships, other than Maltese ships, while they are in Malta in like

manner as they apply to Maltese ships.

(1) Any reference in these regulations to "the Act" is a

reference to the Electronic Communications (Regulation) Act,

unless the context otherwise requires, and subject to the provisions

of subregulation (2), the provisions of article 28 of the Act shall

apply to these regulations.

(2)

In these regulations unless the context otherwise requires

"the Authority" means the Malta Communications Authority;

"maritime radiocommunications inspector" means an officer

appointed by the Minister for the purposes of these regulations and

of Part IV of the Act and any references to inspector in these

regulations shall be construed as referring to any such inspector;

"the Minister" means the minister responsible for

communications;

"passenger ship" has the same m eaning as defined in the

Merchant Shipping Act.

Every sea-going Maltese ship being a passenger ship or a

ship of three hundred tons gross tonnage or upwards shall be

provided with a radiocommunications installation being a Global

Maritime Distress Safety System (GMDSS) or such other

radiocommunications installation as the Minister may prescribe

under the Act in respect of any category of ships, and a licence to

install and use the same, and shall maintain a radiocommunications

service which shall be at least sufficient to comply with these

regulations, the Act or any other regulations made thereunder and

with the provisions of the Merchant Shipping Act or with any

regulations made thereunder, and shall be provided with one or

more certified operators and watchers at least, in accordance with

such rules and regulations

Provided that the Minister may by order exempt, in whole

or in part, from the obligations imposed by these regulations any

ships or classes of ships if he is of the opinion that, having regard

to the nature of the voyages on which the ships are engaged, or

other circumstances of the case, it is appropriate so to do.

USE OF RADIOCOMMUNICATIONS BY MERCHANT SHIPS

(1) A surveyor of ships or an inspector may inspect any

ship for the purpose of seeing that she is properly provided with a

radiocommunications installation and with certified operators and

watchers in conformity with these regulations and with any rules

from time to time made under the Act, and for the purpose of that

inspection shall have all the powers of a surveyor under the

Merchant Shipping Act.

(2) If the said surveyor or inspector finds that the ship is not so

provided, he shall give to the master or owner notice in writing

pointing out the deficiency, and also pointing out what in his

opinion is requisite to remedy the same.

(3) Every notice so given shall be communicated by the said

surveyor or inspector in writing to the Comptroller of Customs, and

any ship which may seek to obtain a clearance or transire shall be

detained until a certificate under the hand of any such surveyor or

inspector is produced by the master of the ship to the Comptroller

of Customs to the effect that the ship is properly provided with

radiocommunications installation and certified operators and

watchers in conformity with these regulations, with the Act and

with any other regulations from time to time made under the Act.

(4) If the surveyor or inspector is satisfied that a ship is

properly provided with an installation and operators and watchers

as required by these regulations, the Act or by regulations made

from time to time under the Act, he shall forthwith inform the

Comptroller of Customs in writing that the ship is so provided and

shall give a certificate under his hand to the same effect to the

owner or master of the ship.

(1) The licence to install and use a radiocommunications

installation required by these regulations may be issued by the

Authority to the owner of a ship or his agent applying for the same

as soon as the Authority shall have received from the surveyor or

inspector the certificate aforesaid

Provided that the Authority may, notwithstanding the

provisions of this sub-regulation, issue a provisional licence or a

number of provisional licences which in the aggregate shall not

cover a period exceeding twelve months, from the date of

registration of a vessel under the Merchant Shipping Act, in such

circumstances and under such conditions as he may deem

appropriate.

(2) A licence shall be valid for the period, not being more than

a period of thirty-six calendar months as may be stated in the

licence and may be renewed for successive periods each not being

of more than thirty-six months, as may be stated on renewal.

(1) The owner of any sea-going Maltese ship which is

provided with a radiocommunications installation,or his agent,

shall, whether the foregoing provisions apply to the ship or not,

obtain a licence from the Authority to install and use such

installation.

(2) This regulation shall not apply to a Maltese ship bareboat

charter registered in a foreign registry, while it is so registered.

USE OF RADIOCOMMUNICATIONS BY MERCHANT SHIPS

If any of the provisions of these regulations are not

complied with in the case of any ship, any person being owner,

master or agent of the ship as the case may be shall, on conviction,

be liable in respect of each offence to a fine (multa) of not less than

three hundred euro (€300) and not more than five thousand euro

(€5,000), and any such offence may be prosecuted before the Court

of Magistrates.

The obligations imposed by these regulations shall be in

addition to, and not in substitution for, the obligations as to

radiocommunications imposed by the Merchant Shipping Act.