COMMERCIAL VESSELS REGULATIONS

SUBSIDIARY LEGISLATION 499.23

COMMERCIAL VESSELS REGULATIONS

1st October, 2002

LEGAL NOTICE 284 of 2002, as amended by Legal Notice 425 of 2007;

Act XV of 2009; and Legal Notices 426 of 2012 and 117 of 2014.

Preliminary

(1) The title of these regulations is the Commercial

Vessels Regulations.

(2) The Code of Practice for the Safety of Commercial Vessels

shall form part of these regulations and be enforceable as part of

the Laws of Malta. *

These regulations and the Code of Practice shall regulate

the owners of commercial vessels certified to be used or operated

for hire or reward within the ports, internal waters and territorial

waters of Malta, and the safety and manning requirements of such

vessels.

In these regulations, unless the context otherwise requires

"Authority" means the Authority for Transport in Malta as

established by the Authority for Transport in Malta Act;

"authorised commercial premises" means any commercial

premises as defined by the Trading Licences Act and which is

licensed to carry out any commercial activity in terms of the

Trading Licences Regulations; and for the purpose of these

regulations includes also any building, premises or other

establishment which is licensed in terms of the Malta Travel and

Tourism Services Act;

"bunker barge" shall have the same meaning as that assigned to it

in the Dangerous Cargo Ships, Marine Terminals and Facilities and

Bunkering Regulations;

"bunkers" shall have the same meaning as that assigned to it in

the Dangerous Cargo Ships, Marine Terminals and Facilities and

Bunkering Regulations;

"certificate of competency" means a qualification issued under

these regu latio ns lim ited to service on com merci al vessels

operating in Maltese ports and internal or territorial waters;

"certificate of insurance" means a certificate of insurance issued

by an insurer in terms of the provisions contained in the Code of

Practice;

"certifying authority" means the Authority for Transport in Malta

or any other person authorised by it;

"Code of Practice" means the Code of Practice for the Safety of

*Paragraphs 30.2.4 and 30.3.1 of the Code of Practice for the Safety of Commercial

Vessels are in force as from 1st May, 2004 - vide Legal Notice 327 of 2004.

Commercial Vessels and any subsequent amendments thereto

issued and published by the Authority, governing the construction,

machinery, equipment, stability, operation, manning, certification

and maintenance of commercial vessels;

"commercial vessel" means a vessel, whether power-driven or

not, engaged in or intended for use in any trade, business or calling

or operating for hire or reward within the ports, internal waters and

territorial waters of Malta; for the purposes of these regulations and

of the Code of Practice unless otherwise specified the term "vessel"

shall have the same meaning as commercial vessel;

"commercial vessel certificate" means a certificate valid for a

specified perio d, issued by the Authorit y in terms of these

regulations, on the basis of a survey conducted by a surveyor or

organisation recognised by the Authority, certifying that at the time

of survey, the vessel was found to comply with all the relevant

requirements of the Code of Practice;

"convention vessel" means a vessel which due to its tonnage,

usage or dimensions would, if trading in international waters or on

international voyages, fall within the requirements of any, or any

part, of the IMO Conventions to which Malta has acceded to;

"crew" means persons employed or engaged in any capacity on

board a vessel, other than the Master;

"dangerous goods" shall have the same meaning as that assigned

to it in the Dangerous Cargo Ships, Marine Terminals and Facilities

and Bunkering Regulations;

"effective" means in relation to a fitting or piece of equipment or

material, that all reasonable and practicable measures have been

taken to ensure that it is suitable for the purpose for which it is

intended to be used;

"enforcement officer" means a member of the Police or of the

Armed Forces of Malta, or an official authorised by the Authority

to enforce these regulations;

"engine driver" means a person holding an "A" (Steam) Sea First

or Second Grade, or "B" (Motor) Sea First or Second Grade Special

Licence issued under the herein repealed Mechanically Driven

Boats (Passengers and Cargo) Regulations;

"existing commercial vessel" means a vessel which is not a new

vessel;

"freeboard" means the distance measured vertically downwards

amidships from the lowest point of the upper edge of the freeboard

deck to the waterline in still water, or from the upper edge of the

deck line to the upper edge of the related load line, as appropriate;

"gross tonnage" means the gross tonnage registered in the

certificate of registry or the tonnage recorded in the Tonnage

Certificate of a vessel applying for a certificate under these

regulations;

"hire” shall include bareboat chartering, whether skippered or

not;

"IMO" means the International Maritime Organisation;

"insurer" means an assurance company established in terms of

the Laws of Malta;

"length" unless expressly provided otherwise, means 96% of the

total length on a water line at 85% of the least moulded depth

measured from the top of the keel, or the length from the foreside

of the stem to the axis of the rudder stock on that waterline, if that

be greater. In vessels designed with a rake keel the waterline on

which this length is measured shall be parallel to the designed

waterline;

"length overall" means the overall length from the foreside of the

foremost fixed permanent structure to the aftside of the aftermost

permanent structure of the vessel;

"licence" means a licence issued by the Authority to the owner in

terms of these regulations;

"Master" means the Master or person other than a pilot or

watchman, having command, charge or management of a vessel for

the time being;

"Master with special licence" means a person licensed to serve as

Master of a boat trading within the internal and territorial waters of

Malta, under the herein repealed Mechanically Driven Boats

(Passengers and Cargo) Regulations;

"Minister" means the Minister responsible for maritime

transport;

" n e w c o m m e r c i a l v e s s el " m e an s a v e s s e l t o w h i c h t h e s e

regulations apply, the keel of which was laid or the construction or

lay-up was started on or after the date when these regulations came

into force, or an existing vessel not already being a vessel to which

these regulations apply, but obtained and proposed to be newly

used as such a vessel on or after that date;

"non-convention vessel" means a vessel other than a convention

vessel;

"owne r " me ans the registere d o wner o r the owne r or t he

managing operator of the registered owner or owner or disponent

owner, or Master of the vessel;

"passenger" means a person on board a commercial vessel other

than

(a) the Master and the members of the crew or other

person employed or engaged in any capacity on board

a vessel on the business thereof;

(b) a person on board the vessel either in pursuance of the

obligation laid upon the Master to carry shipwrecked,

distressed or other persons, or by reason of any

circumstances that neither the Master nor the owner, if

any, could have prevented; and

(c) a child under one year of age;

"passenger transport services" means the carriage of passengers

using commercial vessels for hire or reward, and shall include

sightseeing tours and any other commercial activity involving the

carriage of passengers;

"pilot boat" means a vessel, of whatever size, employed or

intended to be employed in pilotage services;

"pleasure craft" means any ship which is only and exclusively

used and operated for private pleasure and recreational purposes

and not operated for or otherwise used in any commercial activity;

"policy" means a policy of insurance which is issued by an

insurer in respect of the risks described in regulation 19(3)(k);

"polluting goods" shall have the same meaning as that assigned

to it in the Dangerous Cargo Ships, Marine Terminals and Facilities

and Bunkering Regulations;

"ports" shall have the same meaning as that assigned to it in the

Ports and Shipping Act and any harbour, bay, cove, creek, seashore

or any navigable waters;

"qualifying service" means the recorded time spent in service

aboard a vessel relevant to the issue of a certificate or other

qualification, calculated and documented as approved by the

Authority;

"register" m eans a regist er of licences m aintained at the

Authority for Transport in Malta pursuant to these regulations;

"safety of navigation" means all equipment, appliances,

machinery, manning levels, navigational instruments and the due

professional care and attention of the Master and all crew on board,

which appertains to the safe conduct of operations, both for the

vessel involved and other vessels, people or property which may

become involved in such operations;

"ship" shall have the same meaning as that assigned to it in the

Ports and Shipping Act;

"surveyor" means a person appointed as a surveyor of ships in

terms of the Merchant Shipping Act, or a person so appointed by a

classification society approved by the Authority, or a person

appointed by the Authority for the purpose of examining and

surveying vessels in terms of these regulations;

"territorial and internal waters" shall have the same meaning as

that assigned to them in the Authority for Transport in Malta Act;

" Tr i b u n a l " m e a n s t h e A d m i n i s t r a t i v e R e v i e w Tr i b u n a l

established in terms of article 5 of the Administrative Justice Act;

"watertight" means capable of preventing the passage of water in

either direction;

"weather deck" means the main deck which is exposed to the

elements.

These regulations and the Code of Practice shall apply to

all vessels engaged in any trade, business or calling within the

territorial or internal waters or within any port of Malta, provided

that they shall not apply to

(a) a pleasure craft;

(b) a fishing boat when engaged, operated and used solely

in licensed fishing activities in terms of the provisions

of the Fisheries Conservation and Management Act;

(c) ship owned or operated for non-commercial service;

(d) ships of war or official vessels unless used on a

commercial service.

(1) The purpose of the Code of Practice shall be to regulate

all aspects, relating to the safety of commercial vessels including,

but not limited to construction, machinery, equipment, stability,

operation, manning, certification and maintenance.

(2) The Authority shall have the responsibility of publishing

and monitoring the application of the Code of Practice which shall

be read and construed in conjunction with these regulations and

which will be published on the date of bringing into force of these

regulations.

(3) The Authority shall from time to time amend the Code of

Practice through the issuing of relative notices.

(4) In case of conflict between these regulations and the Code

of Practice and the requirements prescribed in a recognised

administration’s or classification society rules, the former shall

prevail.

No person shall use or operate a vessel, nor shall its owner

cause or permit the use or operation of such vessel, for hire or

reward within the ports, internal and territorial waters of Malta,

unless it is certified in terms of the Code of Practice and is covered

by a valid commercial vessel certificate.

These regulations shall apply to a commercial vessel when

it is water-borne, moored or anchored

Provided that if such commercial vessel is berthed, moored

or anchored, but is not regularly used in accordance with the uses

for which it is certified, its owner shall comply with any

requirements in respect of such vessel as the Authority may

prescribe from time to time.

No person authorised by the owner of a vessel to act as

operator of such vessel shall, except in case of necessity, allow any

other person to act as operator of such vessel, without the consent

of the owner thereof, and no person shall, except in case of

necessity, act as operator of a vessel without the consent of the

owner of such vessel.

(1) A commercial vessel shall only be used or operated

between those landing places, areas and by routes, as may be

prescribed from time to time by the Authority.

(2) A commercial vessel may not be operated outside the areas

assigned to it or be used for a purpose other than that prescribed in

the commercial vessel certificate without the approval of the

Authority.

(3)

A commercial vessel may only be exposed for hire or

moored at places appointed by the Authority.

(1) The owner of a commercial vessel shall prominently

display the commercial vessel certificate on board the vessel and

where this is not possible, shall produce the certificate to the

Authority on demand.

(2) In the case of a commercial vessel carrying passengers, the

owner shall also prominently display or have clearly and

permanently marked in a suitable position, as appropriate, the

maximum number of passengers which such vessel is certified to

carry.

(3) All other certificates issued in terms of the Code of Practice

shall be kept on board the vessel.

The provisions of regulations 13, 14, 15 16, 17, 20, 21, 23,

24, 25, 26, 27 and 28 shall mutatis mutandis apply to any

commercial vessel certificate and other certificates, licences or

permits issued under the provisions of these regulations and the

Code of Practice.

Commercial Vessel Operator’s Licence

(1) No person shall act as a commercial vessel operator

unless he is in possession of a valid licence issued by the Authority

in accordance with the provisions of these regulations.

(2) The Authority may, in its discretion and under such terms

and conditions as it may deem appropriate, grant such a licence to

any person for the provision of services contemplated in these

regulations.

(3) The Authority may also make any arrangements or enter

into any agreement, as it may deem appropriate or expedient, with

any person for any of the purposes relating to its functions in terms

of the Authority for Transport in Malta Act.

A person shall not be eligible for a licence, unless he is an

owner of a vessel and is -

(a) eighteen years of age and in the opinion of the

Authority of good character, has good knowledge of

the relevant regulations relating to transport and

considered competent to provide such service within

the internal and territorial waters of Malta; or

(b) a body corporate established under and subject to the

Laws of Malta, or a foreign corporate body enjoying

legal personality in terms of the law under which it has

been established or constituted, and satisfying the

Authority that it can and will ensure due observance of

all the laws and regulations relating to transport within

the internal and territorial waters of Malta.

A licence referred to in this Part of the regulations may be

granted after an application on the appropriate form is presented to

t h e A u t h o r i t y, a c c o m p a n i e d b y a l l t h e d o c u m e n t a t i o n a n d

certification prescribed therein.

The Authority may at the time of issue, or at any other

time, attach to a licence any condition or conditions which it may

deem fit.

The Authority may suspend, cancel, revoke or refuse the

renewal of any licence previously granted or renewed by it under

t he s e r e g u l a t i on s f o r an y b r e a c h o f a n y p r o v i s i o n o f t h e s e

regulations or of any other laws and regulations or lawful directives

of the Authority that the holder thereof is bound to observe during

the carrying out of commercial operations and activities.

Any person or body corporate whose licence under these

regulations has been suspended, cancelled or revoked by the

Authority under these regulations, shall within forty-eight hours of

such suspension, cancellation or revocation, deliver his licence to

the Authority.

The holder of any licence under these regulations shall

comply with any instructions, orders or directives given by the

Authority from time to time.

Every person or body corporate licensed under these

regulations shall carry or display such licence when acting in the

capacity for which he is licensed and produce same to an

enforcement officer on demand.

(1) An owner shall not be eligible to be licensed under

these regulations unless he satisfies all the requirements laid down

in these regulations.

(2) No licence shall be issued unless the vessel which he owns

is duly registered in accordance with the Authority for Transport in

Malta Act.

(3) An application for a licence shall be submitted to the

Authority together with such documentary or other evidence

acceptable to the Authority, including

(a) legally valid identification document or passport of

applicant or applicants;

(b) the certificate of incorporation;

(c) copy of the Memorandum and Articles;

(d) registration and ownership of the vessel;

(e) the hull type, dimensions, tonnage, specifications and

details of the engine as certified by an administration

or classification society recognised by the Authority,

or a surveyor;

(f)

the purpose for which the vessel is to be used, the

mooring berth when it shall be off hire or laid-up and

the places requested to be moored, operated or hired

out from;

(g) a commercial vessel certificate;

(h) the relevant certificates for the type as required by the

Code of Practice;

(i)

if the vessel is in class with a classification society or

built to standards specified by an administration

recognised by the Authority

(i) a certificate of class or administration approval;

(ii) such other documents as relate to the fitness of

the vessel as required by the Code of Practice;

(j)

where applicable, evidence of compliance with the

IMO Conventions and Recommendations to which

Malta has acceded to and any other regulations made

under the Merchant Shipping Act, the Authority for

Transport in Malta Act, or any other Act under the

Laws of Malta;

(k) proof of a valid insurance policy, under which the

owner or Master of a vessel is adequately insured for

an amount which he may become liable to pay in

respect of

(i)

any liability which may be incurred in respect of

the death of or bodily injury to any person

caused by or arising out of the use of the vessel;

(ii) any liability which may be incurred in respect of

loss or damage to property belonging to any

third party arising out of the use of the vessel;

(iii) salvage and wreck removal cost;

(iv) pollution damage and costs of preventing or

reducing damage resulting from the discharge or

escape of dangerous or polluting goods;

(l)

in addition to the requirements of paragraph (k) the

Authority may also request a bank guarantee for such

an amount and under such conditions as he may

establish;

(m) if applicable, the relevant valid certification held by

the Master, officers or crew issued under these

regulations or by an administration recognised by the

Authority; and

(n) such other information and particulars of the proposed

vessel and crew as may be required by the Authority.

(1) The Authority may require the owner, who has applied

for a licence or prior renewal of a licence, to bring the vessel to a

place at an appointed date and time for an inspection by a surveyor

or any other person appointed by the Authority.

(2) The Authority may at any time prohibit the use and

operation of any commercial vessel if such commercial vessel is

considered by it, in its absolute discretion, as not being seaworthy

or constituting a danger to life, health, safety or property.

The Authority may either accept or decline to issue a

licence.

An owner of a vessel, which prior to the date of the coming

into force of these regulations was in possession of a valid licence

and has conducted within the ports, internal and territorial waters

of Malta the same commercial activity for which a licence is

required under these regulations, shall, on expiration of the former

licence or within one year from the date of the coming into force of

these regulations, comply with all the provisions contained within

these regulations.

Without prejudice to regulations 14 and 15, the licence

shall be valid for a period of not more than twelve and not less than

six months from the date of issue

Provided that the Authority may establish different validity

periods for different licences from time to time.

(1) A licence shall contain such particulars as the

Authority may consider necessary for the purposes of these

regulations.

(2)

The Authority shall keep a register of licences.

(1) Every licensee shall file an application for the renewal

of a licence at least one calendar month before the expiry date.

(2) If a licence is not to be renewed, the owner of the vessel

shall immediately inform the Authority in writing as to the reason

for not requesting renewal and what his intentions are in respect of

the vessel.

(3) When a licence is not renewed, the Authority may require

the owner to remove or dispose of his vessel within such time and

to such a place as it may require and if the owner fails to comply,

the Authority may cause removal or disposal of such vessel at the

risk and expense of the owner.

A licence issued under these regulations shall not be

transferable.

(1) Prior to any change of ownership of a vessel, the buyer

and the licensee shall, within twenty-one days prior to such change

of ownership, submit to the Authority the licence together with an

application for a new licence by the buyer.

(2) A new licence shall be issued to the new owner following

the submission of such documentary or other evidence of said

transfer or change of ownership as the Authority may require.

(3) Upon the issue of a new licence by the Authority, the

licence of the previous owner is thereby cancelled or modified by

the Authority.

(4) Upon the death or dissolution of the owner, the licence

issued in respect thereof shall become null and void and has to be

surrendered to the Authority.

Without prejudice to regulation 15, the Authority may

revoke, suspend or refuse renewal of a licence if the licensee

(a) has made a false declaration or representation;

(b) is guilty of any fraudulent practice or crime in the use

of the commercial vessel or during the execution of his

trade;

(c) has contravened or failed to comply with any of the

requirements of these regulations, or any other

relevant legislative provisions, or any directions of the

Authority, or any of the terms and conditions of the

licence;

(d) has not, for a period of one year, carried out the

operation for which he is licensed.

The persons whose name appear in the register as -

(a) the owner and Master;

(b) the owner; or

(c) the Master of a commercial vessel,

shall, for all the purposes of these regulations, be deemed to be the

owner and Master or the owner or the Master thereof respectively.

(1) The owner of a commercial vessel shall inform the

Authority of any requested changes, or report any incident, which

may alter any of the particulars prescribed in these regulations or

the Code of Practice.

(2) Upon receipt of such a request or report, the Authority may

require the inspection of the vessel, or such other measures to be

ta ken as m ay b e ne ce ssa ry t o m ai n t a i n t h e l i c e n c e an d t he

commercial vessel certificate valid.

Whenever an approved change occurs in any of the

particulars appearing in the register, such change shall be entered in

the register and where applicable, endorsed upon the licence or

certification.

(1) In the event of any licence or certificate being lost,

destroyed, illegible or otherwise not recoverable, the licensee shall

forthwith apply to the Authority for a replacement.

(2) Where the Authority is satisfied that a licence or a

certificate has been lost or damaged it may issue a duplicate licence

or certificate, as the case may be, on payment of a fee.

If a licence or certificate has expired, or has been

cancelled, revoked or suspended by the Authority, the owner or

holder of the licence or certificate, as the case may be, shall

surrender such licence or certificate to the Authority forthwith. It

shall be lawful for the Authority to order that the vessel is removed

or disposed of, and if the owner fails to comply, the Authority may

cause removal or disposal of such vessel at the risk and expense of

the owner.

Operations of Commercial Vessels and

Passenger Transport Services

The Authority may from time to time, for the better

organisation of the maritime transport service, do all or any of the

following

(a) establish routes for the conveyance of passengers or

cargo from one part of Malta to another, or from one

island to another;

(b) group together two or more routes or all the routes;

(c) determine which vessel shall operate on any such

route;

(d) allot the service on any such route to any licensee;

(e) vary, cancel or revoke any such route or any grouping

of routes or any allotment of service thereon, and may

do so upon such conditions as the Authority may

direct;

(f)

in making any allotment of service under this

regulation the Authority may make such allotment to

the exclusion of any other licensee;

(g) determine a schedule of service and the fares or

charges for such routes;

(h) establish conditions on the licensee for operating a

route;

(i)

amend or cancel allotted routes previously established;

and

(j)

investigate complaints by users of commercial vessels.

Where the service on any route is allotted to an owner in

terms of regulation 34, all licences held by the owners of any vessel

to be used or operated on that route shall be withdrawn, subject to

their being re-issued at the discretion of the Authority, under the

conditions laid down in the last preceding regulation.

It shall be lawful for the Authority notwithstanding any

agreement made in terms of regulation 34, in case of any

emergency, or of an unusual concourse of people or cargo, to order

that other commercial vessels, not ordinarily operated or certified

for that route, be run for such time and under such conditions as the

Authority may direct and no claim shall be entertained for damages

suffered in consequence of such order being contrary to the

conditions contained in any agreement between the Authority and

any other owner.

(1) Tariffs shall be established either in accordance with

regulation 34 or by the operator of the commercial vessel. All

tariffs must be published by the operator.

(2) It shall not be lawful for a Master, operator or owner or of a

commercial vessel to charge or demand a fare higher than the

established and published tariff, whether such fare is established in

terms of regulation 34 or not, or, if a lesser sum is agreed upon,

more than such agreed sum.

(3) A printed form of the tariff of fares shall be displayed

conspicuously at all times in the interior of every commercial

vessel and the Authority may direct the operator of a commercial

vessel to display other information from time to time.

(4) Tariff of fares of commercial vessels shall include the full

charges applicable and whether such charges are computed by

distance or by time.

(5) The Master, operator or owner of a commercial vessel shall

provide the passenger with a receipt showing the date, the amount

paid and the origin and destination of the trip.

(6) A passenger may be requested by an enforcement officer to

produce his receipt in order to examine and inspect the receipt and

its validity on embarking on or disembarking from a commercial

vessel.

(7) The owner or operator of a commercial vessel let out on

hire shall not permit any person or things to be carried in, on or

with such vessel, whilst on hire, without the consent of the hirer.

(1) Passenger transport services may only be sold from

authorised commercial premises, from the operator’s offices or

operating centre, online, by telephone or by mail, from the

commercial vessel for which the transport services are being sold,

from the operator’s authorised and licensed stand or within five

metres of the established pick-up and, or drop-off points

Provided that the said five metres do not interfere with the

rights of, or cause any kind of nuisance to, a neighbouring operator.

(2) The sale of any transport services within five metres of the

established pick-up and, or drop-off points shall be subject to any

authorisation, certificate, permit or licence that is required from

any competent authority for the setting up, placing, affixing or

installation of the street furniture required.

(3) The sale of passenger transport services shall not take place

within five metres of any bus stop, taxi stand or horse cab stand, or

any other stop or stand used exclusively for land transport services.

Any person selling passenger transport services from

within five metres of the established pick-up and, or drop-off points

s h a l l w e a r, a t a l l t i m e s a n d i n a c o n s p i c u o u s m a n n e r, a n

identification tag issued to him by the operator of those services

which shall contain a photograph of the person in respect of whom

it is issued, his name and his Identity Card number and the name of

the operator.

(1) The Master, operator or owner of a commercial

vessel, while standing or operating for hire, shall not call, request,

solicit or otherwise importune any person to hire such commercial

vessel and shall not make use of the services of any other person

for such purposes.

(2) No person shall call, request, solicit or otherwise

importune, whether directly or indirectly, any person in any

location for any passenger transport service and shall not make use

of the services of any other person for such purposes.

No person shall -

(a) sell; or

(b) cause or permit another person to sell

passenger transport services in breach of regulations 37A, 37B and

37C.

(1) In the event of a stoppage or of a suspension for any

cause whatsoever of any service on any established route or in any

other part of Malta usually served by commercial vessels, which

may affect, or be likely to affect the reasonable requirements of the

inhabitants of Malta for transport, it shall be lawful for the

Authority to seize and take possession of and use, any commercial

vessel and for such purpose to authorise any member of the

Authority or other enforcement officer to enter any premises.

(2) The owner of any such commercial vessel, shall receive

such compensation in respect of the use thereof as the Authority

may, previously or subsequently, fix.

(3) From the decision of the Authority an appeal shall lie to the

Court of Appeal. Such appeal shall be entered by an application

within four working days from the date on which the decision was

given. The application shall be served to the Authority which shall

file an answer thereto within four working days. The pleadings on

any such appeal shall be deemed to be closed with the answer of the

Authority, or at the expiration of the time for such answer.

(4) Any person who shall obstruct or hinder any enforcement

officer from taking possession of any commercial vessel, or shall in

any way interfere with or incite others to interfere with the use of

any vessel requisitioned under the provisions of this section, shall

be liable, on conviction, to a fine (multa) of not less than one

thousand and five hundred (1,500) euro and not more than twelve

thousand (12,000) euro or to imprisonment for a term not

exceeding three months.

(5) If any person shall by reason of any requisition in terms of

this regulation be prevented from fulfilling any contract, such

person shall not be deemed to have thereby committed a breach of

contract, but such contract shall be suspended by such requisition

so far as its fulfilment is thereby rendered impossible.

Safety and Pollution Prevention

Nothing in these regulations shall abrogate the authority of

the Authority in respect of any safety and pollution prevention and

control requirement for any commercial vessel within any port and

the territorial and internal waters of Malta.

The Authority reserves the right to be given as required for

the purposes of combating any emergency or pollution incident,

immediate access to, use and control of any or all such safety and

pollution equipment or resources as are required under these

regulations to be provided on any vessel. Such equipment shall be

provided free of charge, but used at the risk of the Authority and

reasonable costs incurred by the provider in respect of any

consumables used, or equipment damaged, will subsequently be

reimbursed.

(1) Save as provided for in any other law, it shall not be

lawful to leave in any port or on any wharf or on any landing place

anything which might impede the free navigation or obstruct the

passage, embarkation or disembarkation of persons, merchandise or

other things, or leave therein any unserviceable vessel, abandoned

or sunk.

(2) It shall be lawful for the Authority to give orders to Masters

of vessels with a view to avoiding accidents or obstruction to free

navigation, or other inconveniences.

(1) No owner, Master or crew member shall leave in any

port or on any wharf or any landing place anything which may

cause injury to public health, or a nuisance, or throw into the waters

of any port or into any part of the internal waters or of the

territorial waters of Malta any ballast, solid material rubbish or

dirty liquid which may cause a nuisance.

(2) If any owner or Master is found guilty of an offence under

this regulation, he shall be liable for all damages caused and all

costs occasioned by the facts constituting the offence, and the court

shall, at the demand of the prosecution made at any time of the

proceedings prior to final judgement, order in the same judgement

the offender to make good and pay to the Authority all such

damages and costs as shall be liquidated by the same court, which

order shall be executable in the same manner as if it had been given

in a civil action duly instituted by the Authority against the

offender

Provided that nothing in this regulation shall affect the right

of third parties to institute any civil action against the offender for

any damage suffered by them.

(1) No owner or Master of a commercial vessel shall cause

or permit such vessel to be operated in a way which could endanger

the life or property of others or present a hazard to the marine

environment.

(2) It shall not be lawful for any person to operate a vessel at a

high speed or while he is in a state of intoxication, or by improper

operation, or other wilful misconduct, to damage the property of

any other person.

(3) Where any damage has been caused to the property of

others as aforesaid, it shall be lawful for the court by which the

owner is convicted, to direct that the owner of the vessel shall pay

such a sum, as appears to the court a reasonable compensation for

such damage.

(1) The Master of a vessel shall, if he conveniently can,

give way to any other vessel and avoid obstructing the operator of

any other vessel.

(2) Masters of commercial vessels shall comply with the

Merchant Shipping (Prevention of Collisions) Regulations, and the

Merchant Shipping (Signals of Distress) Rules, made in terms of

the Merchant Shipping Act, which for the purpose of these

regulations shall take effect as if enacted herein, and shall at all

times take such precautions as may be required by the ordinary

practices of seamen, or by special circumstances of the case.

No vessel shall, in case of distress, refuse to assist any

vessel requiring assistance.

A commercial vessel shall at no time carry on board more

persons or passengers or cargo than that stated on the relevant

certificate issued by the Authority in terms of these regulations and

the Code of Practice.

Whilst carrying passengers, a commercial passenger vessel

shall not be used for any other purpose provided that

(a) cargo may be carried on board a commercial passenger

vessel if so certified and so authorised by the

Authority;

(b) it shall always remain the responsibility of the Master

to ensure that such cargo is not in any way harmful to

passengers by its nature, quantity or stowage.

Every licensee shall ensure that the vessel has on board

(a) the relevant effective life-saving and fire-fighting

appliances and other effective equipment prescribed in

the Code of Practice;

(b) any other substitute provision or type, material,

appliance, apparatus or equipment which the Authority

may accept as being at least as effective an alternative

to those required in these regulations.

Manning

The minimum manning on board a commercial vessel for

the safety of navigation shall at all times be in compliance with the

requirements of the Code of Practice.

Any Master or crew member shall produce his certificate of

competency to the Authority on demand.

No person shall be permitted to serve as a Master, or a crew

member on a vessel unless he holds a certificate of competency

i s s u e d b y t h e A u t h o r i t y, i n a c c o r d a n c e w i t h t h e r e l e v a n t

requirements prescribed in the Code of Practice or such other

qualifications as may be recognised by the Authority

Provided that a person who prior to the coming into force of

these regulations was in possession of a special licence to perform

the duties of master or an engine driver of a vessel in terms of the

Mechanically Driven Boats (Passengers and Cargo) Regulations

shall, within one year from the date of coming into force of these

regulations, obtain a commercial vessel master certificate or

commercial vessel engine driver certificate according to the Code

of Practice, respectively

Provided also that the holder of any other qualification

shall, within one year from the date of the coming into force of

these regulations, obtain the appropriate qualifications under the

requirements of the Code of Practice

Provided further that if within the five years immediately

prior to the application for the relevant certificate, such a person

has not served within the same capacity on a similar vessel for at

least twelve months total service, the Authority may require him to

undergo a further practical, written or oral test prior to being

permitted to be employed on a commercial vessel.

(1) Subject to the provisions of these regulations, if any

Master or crew member in the exercise of his duties has

contravened any of the provisions of these regulations or has

disobeyed any order or directive given by the Authority, the

Authority shall hand over to the offender a notice containing a

general description of the offence and may

(a) suspend or revoke the certificate of such master or

crew member;

(b) impose a penalty of not more than three thousand

(3,000) euro in respect of each offence and which has

to be paid to the Authority within such time indicated

in the notice, which in no case shall be less than seven

days, or provided that where any penalty imposed

under this regulation is not paid within the

aforementioned period, ordinary proceedings in

respect of the offence may be taken in accordance with

the provisions of these regulations.

(2) The suspension or revocation of a certificate or the payment

of any penalty ordered under this regulation shall for all intents and

purposes of law, be deemed to be an admission of the commission

of the offence and no further action shall be taken in respect of such

offence.

(1) A certificate of competency issued under these

regulations shall be valid for a period of five years, unless

cancelled or suspended in terms of regulation 52 or any other

legislative provisions.

(2) Any certificate of competency issued to a Master or crew

member shall remain valid only if the holder has served in the

capacity allowed by such certificate for at least a total of twelve

months within every consecutive five year term commencing from

the date of issue of such certificate; if this requirement is not met,

the Authority may require the holder to undergo a practical, written

or oral test prior being permitted to be employed on a commercial

vessel.

Miscellaneous Provisions

(1) No alteration affecting the tonnage or description of

the vessel is permitted without the prior written approval of the

Authority.

(2) Before returning the commercial vessel to service after

completion of such an approved alteration, the owner shall present

the vessel for inspection at such place and time as appointed by the

Authority.

(3) On such inspection as prescribed in sub-regulation (2), the

Authority may either approve the continuing validity of the issued

certificate or endorse lesser or greater conditions to the certificate

or revoke the licence if the Authority deems that the vessel is no

longer fit for its intended purpose.

Every commercial vessel shall at all times be maintained in

a clean and sanitary condition by the owner or Master.

(1) The owner or Master of a vessel involved in an

incident involving injury or loss of life to persons on board or

elsewhere, collision with other vessel or property, causing damage

to or loss of other vessel, or damage to the marine environment or

other property, shall immediately provide a verbal report of such

incident to the Authority and within twenty-four hours of the

occurrence of such incident, furnish a written report to the

Authority in such detail as it may require.

(2) In case of such an incident, the Authority may inspect the

commercial vessel or may suspend or revoke its certification.

(3)

Without prejudice to any other regulation herein

(i)

where an incident which has been reported or observed

is deemed by the Authority to be a significant accident

or dangerous occurrence, the Authority may appoint a

person to carry out an inquiry into the circumstances

and possible causation of same;

(ii) the commercial vessel owner shall assist the person or

persons making such inquiry in all aspects relevant to

the conducting of the inquiry;

(iii) upon conclusion of the inquiry, the person appointed

shall submit a report on his findings to the Authority.

(1) The Authority shall appoint any person to examine,

investigate or inspect a vessel or the licence or a certificate or any

other relevant document.

(2) The Authority may at any time require the owner to present

the vessel for an inspection.

(3) A person appointed by the Authority to carry out such

functions as established by this regulation shall have the power to

(a) board freely and without previous notice a vessel at

any place and at any time of day or night;

(b) to request the assistance of a member of the Police

force in the execution of his duties;

(c) to question any person connected with the execution of

these regulations;

(d) to inspect any document the keeping of which is

prescribed by these regulations;

(e) to order any owner, master or crew member to suspend

the operation of a vessel.

(4) Whoever shall hinder or obstruct a person appointed by the

Authority to inspect a vessel from allowing him to inspect such

vessel or refuses to comply with the directions which he may give

shall be guilty of an offence.

The owner shall provide on demand any particulars and

information as may be required by the Authority or an enforcement

officer, including particulars of the person who was in charge of the

vessel on any occasion.

The Authority may issue directives to owners and Masters

of commercial vessels for the purpose of avoiding inconvenience,

accidents or impediments to safe and free navigation, the safety of

passengers, the prevention of pollution to the marine environment

and the removal of vessel wastes by an approved contractor through

approved disposal routes.

(1) Subject to the provisions of these regulations, if any

owner or Master of any vessel fails to comply with any of the

requirements of these regulations or directives given by the

Authority or the terms and conditions of the licence, the Authority

shall hand over to such person a notice containing a general

description of the offence and may

(a) suspend or revoke the licence or a certificate of such

vessel and may require the owner to remove such

vessel within such a time and to such a place as he may

require and if the owner fails to comply, the Authority

may cause removal of such vessel at the risk and

expense of the owner;

(b) impose a penalty of not more than three thousand

(3,000) euro in respect of each offence and which has

to be paid to the Authority within such time indicated

in the notice, which in no case shall be less than seven

days, or provided that where any penalty imposed

under this regulation is not paid within the

aforementioned period, ordinary proceedings in

respect of the offence may be taken in accordance with

the provisions of these regulations.

(2) The suspension or revocation of the licence or certificate or

the payment of any penalty ordered under this regulation shall for

all intents and purposes of law, be deemed to be an admission of the

commission of the offence, and no further action shall be taken in

respect of such offence.

Notwithstanding anything contained in these regulations,

the Authority may exempt or prescribe any other requirements

upon any commercial vessel or owner, Master or crew member.

(1) The administrative penalties established by these

regulations shall be imposed by the Authority without recourse to a

court hearing and may be imposed either as a one-time penalty or

on a daily cumulative basis until compliance, provided in the latter

case the accumulated penalty shall not exceed three thousand

(3,000) euro.

(2) The Authority shall not impose administrative penalties on

a person for breach of these regulations where criminal proceedings

have already been instituted in court against such person with

respect to the said breach.

(3) The Authority shall, before imposing an administrative

penalty in terms of these regulations, inform the person on whom

the penalty is imposed of its intentions to do so by giving him a

notice in writing. Every such notice shall state that the person

concerned has a right to make representations in writing within not

less than fourteen days to the Authority, giving reasons why the

administrative penalty should not be imposed; and the Authority

shall consider any such representations before arriving at a final

decision. The Authority shall notify in writing its final decision to

the person concerned.

(4) Where any person contravenes the same provision of these

regulations more than once within a period of six consecutive

months, the administrative penalty imposed shall be increased by a

further five hundred euro (500).

(5) For the purposes of this regulation, administrative penalties

shall not apply where an offence is committed under regulations 38

and 65.

(6) The procedure laid down in sub-regulation (3) shall also

apply in those cases where the Authority refuses to grant or renew a

licence, certificate or permit, or suspends or revokes such licence,

certificate or permit, or imposes any conditions, limitations or

exclusions therein, according to the provisions of these regulations.

(1) Any person aggrieved by any decision of the Authority

not to grant or renew a licence, certificate or permit, or to suspend

or revoke such licence, certificate or permit, or to impose any

conditions, limitations or exclusions therein, or to impose any

administrative penalty on such person, may, within twenty days

from when such decision is communicated to him, lodge an appeal

therefrom before the Tribunal.

(2) The Tribunal may confirm, revoke or alter the decision of

or the administrative penalty imposed by the Authority. The

administrative penalty, if any, as confirmed or modified by the

Tribunal, and, or by the Court of Appeal, where an appeal on a

point of law is lodged in terms of the Act, shall be recoverable by

the Authority as a civil debt and the decision of the Tribunal or the

Court of Appeal, as the case may be, shall constitute an executive

title for all intents and purposes of the Code of Organization and

Civil Procedure.

(3) If upon renewal of a licence, certificate or permit granted in

terms of these regulations the person in whose name such licence,

certificate or permit is granted owes the Authority a civil debt in

terms of sub-regulation (2), such licence, certificate or permit may

not be renewed unless and until such debt is settled in full.

(4) If at the moment that a check on compliance is carried out

by the Authority a civil debt in terms of sub-regulation (2) is due by

any person to the Authority, the relative licence, certificate or

permit may be suspended without the need of recourse to the

Tribunal until such debt is settled in full.

(1) In the event that the Authority imposes an

administrative penalty in accordance with the provisions of these

regulations, and the person on whom such penalty is imposed pays

such penalty to the Authority within the time indicated in the

notice, no criminal proceedings may be instituted against such

person in relation to the relative breach.

(2) Where a licence, certificate or permit has been suspended

or revoked, or their issue or renewal has been refused, no criminal

proceedings may be instituted against such person in relation to the

relative breach.

(3) No criminal proceedings for the prosecution of a breach of

these regulations shall be instituted while an appeal therefrom is

pending in front of the Tribunal.

(1) No person shall deface or mutilate any licence,

certificate or permit issued under these regulations, or alter or

obliterate any entry made therein.

(2) Any person who, either by writing, drawing or in any other

manner, alters, defaces or mutilates any licence, certificate or

permit issued under these regulations, or adds or removes anything

therein, or uses any licence, certificate or permit which has been

altered, defaced, mutilated or added to or removed from as

aforesaid, shall be guilty of an offence.

(3) Any person who, with the intent to deceive, forges, alters,

uses, produces or sends any document required under the

provisions of these regulations, or makes a statement or declaration

which he knows to be false, shall be guilty of an offence.

(4) A person who is found guilty of an offence under sub-

regulations (1), (2) and (3) shall be liable, on conviction, to a fine

( multa ) not exceeding five thousand (5,000) euro, or to

imprisonment for a term not exceeding twelve months, or to both

such fine and imprisonment, unless a higher punishment is

applicable under any other law, in which case the Court shall apply

that other punishment or this punishment increased by one or two

degrees, whichever the higher.

(1) Any person who fails to comply with any of the

r e q u i r e m e n t s p r e s c r i be d i n th e s e r e g u l a t i on s or a n y o f t he

conditions subject to or upon which a licence or a certificate is

i s s u e d u n de r th e s e r e gu la ti o ns sh a l l, f or a fi r s t o ffe nc e o n

conviction be liable to a fine (multa) not exceeding seven thousand

(7,000) euro, for each offence, and in the case of a continuing

offence or offences, to a further fine not exceeding one thousand

and five hundred (1,500) euro for each offence for every day or part

thereof.

(2) It shall also be lawful for the court, in the case of any

contravention committed by the owner or Master of a vessel to

order the sequestration of the vessel, for a time not exceeding three

months, at the expense of the owner.

(3) In the case of a second or subsequent conviction for any

contravention it shall be lawful for the court to cancel the licence or

certificate, or to suspend the same for any time, in its discretion.

(4) Where any offence against the provisions of these

regulations is committed by a body of persons or body corporate,

every person who, at the time of the commission of the offence was

a director, manager or other similar officer of such body of persons

or body corporate, or was purporting to act in any such capacity,

shall be guilty of that offence unless he proves that the offence was

committed without his knowledge and that he exercised all due

diligence to prevent the commission of the offence.

The liability and responsibility for the observance of these

regulations and any other legislative provisions shall rest solely

with the owner and Master of the vessel. The Authority shall not be

held liable for any consequences arising from any acts of omission

or commission in respect to any of the requirements of these

regulations.

Proceedings for an offence against these regulations shall

be taken before Court of Magistrates (Malta) or the Court of

Magistrates (Gozo), as the case may be, and shall be in accordance

with the provisions of the Criminal Code regulating the procedure

before the said courts as courts of criminal judicature.

The Authority may establish transitory arrangements for

the provision of arrangements in respect of technical matters

relating to the requirements of these regulations.

Nothing contained in these regulations shall abrogate or

prejudice any of the rights or powers conferred on the Authority.

The provisions contained in these regulations are in

addition to and not in derogation of the provisions of any other

regulations in force, or law of Malta.

The fees payable in respect of commercial vessel

operator’s licences and for certification and inspections issued

under these regulations shall be as established, from time to time,

by the Authority.