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Navigation Amendment Act 1979

Authoritative Version
Act No. 98 of 1979 as made
An Act to amend the Navigation Act 1912, and for related purposes.
Administered by: Infrastructure and Regional Development
Date of Assent 22 Oct 1979
Date of repeal 25 Mar 2015
Repealed by Amending Acts 1970 to 1979 Repeal Act 2015

Navigation Amendment Act 1979

No. 98 of 1979

An Act to amend the Navigation Act 1912, and for related purposes.

BE IT ENACTED by the Queen, and the Senate and House of Representatives of the Commonwealth of Australia, as follows:

PART I—PRELIMINARY

Short title, &c.

1. (1) This Act may be cited as the Navigation Amendment Act 1979.

(2) The Navigation Act 1912 is in this Act referred to as the Principal Act.

Commencement

2. (1) Sections 1, 2 and 3, sub-section 4(1), section 6, sub-sections 10(2) and 11(2), sections 17, 18, 21, 22, 23, 24 and 25, sub-section 26(2), sections 27, 28, 29 and 30, sub-section 32(1), sections 43 and 45, sub-sections 49(1) and 51(1), sections 54, 56, 59, 60 and 62, sub-section 65(3), sections 69 and 71, sub-sections 72(2) and 73(2), sections 74, 76, 77, 78 and 79, sub-sections 82(2) and 83(3), sections 85 and 86, sub-section 87(2), section 88, sub-section 89(1), sections 90, 91, 98, 100, 102 and 103, sub-sections 104(1) and (2) and sections 105, 106, 107, 108 and 109 shall come into operation on the day on which this Act receives the Royal Assent.

(2) Section 63, sub-sections 81(2) and 83(2) and section 99 of this Act shall be deemed to have come into operation immediately after the commencement of sections 5, 6, 7 and 9 of the Navigation Act 1972.

(3) Sections 57, 58, 61 and 64 of this Act shall be deemed to have come into operation on the day on which the Historic Shipwrecks Act 1976 came into operation but the amendments made by sections 58 and 61 of this Act do not apply in relation to a wreck situated in waters (including waters above the continental shelf of Australia) adjacent to the coast of a State until the Historic Shipwrecks Act 1976 applies in relation to those waters.

(4) Sub-sections 32(2), 38(1) and 49(2) and sections 50 and 94 shall come into operation on a date to be fixed by Proclamation for the purposes of this sub-section, being a date not earlier than the date on which the Convention on the International Regulations for Preventing Collisions at Sea, 1972, enters into force for Australia.

(5) Section 16, sub-sections 65(1) and (2), section 96 and sub-sections 104(3), (4) and (5) shall come into operation on a date to be fixed by Proclamation for the purposes of this sub-section, being a date not earlier than 6 months after the ratification by Australia of the Convention referred to in section 104.

(6) Section 31, sub-section 32(3), sections 33, 34, 35, 37, 39, 40, 41, 42, 44, 46 and 47, sub-section 51(2) and sections 93 and 110 shall come into operation on such date as is, or such respective dates as are, fixed by Proclamation for the purposes of this sub-section, being a date or dates, as the case may be, not earlier than the date on which the International Convention for the Safety of Life at Sea, 1974, enters into force for Australia.

(7) Sub-sections 32(4) and 38(2) and sections 48 and 95 shall come into operation on such date as is fixed by Proclamation for the purposes of this sub-section, being a date not earlier than the date on which the International Convention for Safe Containers enters into force for Australia.

(8) Section 80, sub-sections 81(1), 82(1) and 83(1) and sections 84, 97 and 111 shall come into operation on a date to be fixed by Proclamation, being a date not earlier than the date on which the International Convention on Tonnage Measurement of Ships, 1969, enters into force for Australia.

(9) Sub-section 73(1) of this Act shall come into operation on the day on which the Crimes at Sea Act 1979 comes into operation or, if that Act has come into operation before the day on which this Act receives the Royal Assent, that sub-section shall be deemed to have come into operation on the day on which that Act came into operation.

(10) The remaining provisions of this Act shall come into operation on such date as is, or such respective dates as are, fixed by Proclamation.

PART II—AMENDMENTS OF PRINCIPAL ACT

Application of Act

3. Section 2 of the Principal Act is amended by omitting “This Act” and substituting “Except in so far as the application of this section is expressly excluded by a provision of this Act, this Act”.

Interpretation

4. (1) Section 6 of the Principal Act is amended

(a) by omitting from the definition of “equipment” in sub-section (1) “apparatus for preventing or extinguishing fires” and substituting “fire prevention, detecting and extinguishing appliances, inert gas systems, echo-sounding devices, mechanical pilot hoists”;

(b) by omitting from sub-section (1) the definition of “Government ship” and substituting the following definition:

“‘Government ship’ means a ship

(a) that belongs to the Commonwealth or a State or Territory;

(b) the beneficial interest in which is vested in the Commonwealth or a State or Territory; or

(c) that is for the time being demised or sub-demised to, or in the exclusive possession of, the Commonwealth or a State or Territory,

and includes a ship that belongs to an arm of the Defence Force, but does not include a ship that belongs to the Australian Shipping Commission;”;

(c) by omitting from sub-section (1) the definition of “the Merchant Shipping Act” and substituting the following definition:

“‘the Merchant Shipping Act’ means the Imperial Act known as the Merchant Shipping Act, 1894, as amended, or otherwise affected in its operation, by the provisions of any other Imperial Act or of any Act, in so far as that Act as so amended, or otherwise affected in its operation, is part of the law of the Commonwealth;”;

(d) by adding at the end of the definition of “this Act” in sub-section (1) “and, except to the extent that the regulations provide otherwise, includes orders made under this Act or in pursuance of the regulations”; and

(e) by adding at the end thereof the following sub-section:

“(4) Unless the contrary intention appears, a reference in this Act (except in Division 3 or 4 of Part VII) to the owner of a ship or vessel shall, in the case of a ship or vessel that is operated by a person other than the owner, be read as including a reference to the operator.”.

(2) Section 6 of the Principal Act is amended by omitting from sub-section (1) the definition of “superintendent” and substituting the following definition:

“‘superintendent’

(a) in relation to a port in respect of which a notice under section 13a is in force—means a person who is the superintendent, or a deputy superintendent, at the port by virtue of the notice; and

(b) in relation to any other port, being a port at which there is a Collector—means that Collector;”.

(3) Section 6 of the Principal Act is amended by adding at the end thereof the following sub-section:

“(5) Unless the contrary intention appears, a reference in a provision of this Act to a prescribed country shall be read as a reference to a country prescribed for the purposes of that provision, and includes

(a) a colony, overseas territory or protectorate of a country so prescribed; and

(b) a territory for the international relations of which a country so prescribed is responsible.”.


 

(4) Section 6 of the Principal Act is amended by adding at the end thereof the following sub-section:

“(6) Unless the contrary intention appears, a reference in this Act to the certificates of a master, officer or seaman shall be read as a reference to the certificates or other documents issued under, or having effect for the purposes of, this Act that are evidence that the master, officer or seaman, as the case may be, is a qualified master, officer or seaman, as the case may be, of any designation.”.

Repeal of section 6f

5. Section 6f of the Principal Act is repealed.

6. After section 7 of the Principal Act the following section is inserted:

Intra-State vessels

“8. (1) In this section

‘inter-State voyage’ means a voyage (other than an overseas voyage) in the course of which the vessel concerned travels between

(a) a port in a State and a port in another State;

(b) a port in a State and a Port in a Territory; or

(c) a port in a Territory and a port in another Territory,

whether or not the vessel travels between two or more ports in any one State or Territory in the course of the voyage;

‘overseas voyage’ means a voyage in the course of which the vessel concerned travels between

(a) a port in Australia and a port outside Australia;

(b) a port in Australia and a place in the waters above the continental shelf of a country other than Australia;

(c) a port outside Australia and a place in the waters above the continental shelf of Australia;

(d) a place in the waters above the continental shelf of Australia and a place in the waters above the continental shelf of a country other than Australia; or

(e) ports outside Australia,

whether or not the vessel travels between two or more ports in Australia in the course of the voyage.

“(2) A reference in section 187, 191 or 332 to an intra-State vessel shall be read as a reference to a vessel that is proceeding on a voyage other than an overseas voyage or an inter-State voyage.

“(3) A vessel shall, for the purposes of this section, be deemed to be proceeding on a voyage from the time when it is got under way for the purpose of proceeding on the voyage until the time when it is got under way for the purpose of proceeding on another voyage.”.

7. Section 13a of the Principal Act is repealed and the following section is substituted:

Superintendents

“13a. The Minister may, by notice in the Gazette, appoint a person specified or described in the notice to be the superintendent, or a deputy superintendent, at a port in Australia.”.

8. (1) Before Division 3 of Part II of the Principal Act the following Division is inserted:

Division 2a—The Manning of Ships

Minimum complement of ships

“14. (1) Subject to this section, the Minister may, having regard to such principles as are prescribed for the purposes of this sub-section, by order, require a ship, or each ship included in a class of ships to carry a qualified master of a specified designation and to carry not less than

(a) a specified number of qualified officers of specified designations; and

(b) a specified number of qualified seamen of specified designations.

“(2) Until such date as is fixed by Proclamation for the purposes of this sub-section, the Minister shall not make an order under sub-section (1) of this section unless he has obtained a report on the proposed order from a committee of advice appointed under section 424.


 

“(3) On and after the date fixed for the purposes of sub-section (2), the Minister shall not exercise his powers under sub-section (1) except to the extent that it appears to him necessary or expedient in the interests of safety or the protection of the marine environment.

“(4) An order under sub-section (1) may require a ship, or each ship included in a class of ships, to carry a master of a different designation and to carry different crews

(a) for different voyages;

(b) for the carriage of different cargoes;

(c) for the performance (whether in port or at sea) of different operations done by, or in relation to, the ship; and

(d) according to whether the ship is in port or at sea.

“(5) Nothing in this section shall be construed as preventing more than one order under sub-section (1) from applying in relation to a ship.

“(6) The Minister may, by instrument in writing, exempt a ship, or ships included in a class of ships, from the application of an order under sub-section (1).

“(7) An exemption under sub-section (6)

(a) is subject to such conditions (if any) as are specified in the exemption; and

(b) may be confined to a particular period or to one or more particular voyages or operations.

“(8) If an order under sub-section (1) is contravened or not complied with in relation to a ship, or a condition that is applicable to a ship by virtue of an exemption under sub-section (6) is contravened or not complied with, the master and the owner of the ship are each guilty of an offence punishable upon conviction by a fine not exceeding $1,000.

“(9) Where a ship does not carry a master of such designation, and such officers and seamen, as it is required to carry by virtue of an order under sub-section (1) or the conditions of an exemption under sub-section (6)

(a) the Minister may cause the ship to be detained for the purpose of preventing it from going to sea; or

(b) the Minister may, by notice in writing addressed to the master or owner of the ship and served in accordance with the regulations, require that a specified operation by, or in relation to, the ship shall not commence or shall cease within a time specified in the notice, as the case may be.

“(10) Nothing in this section shall be construed as preventing the service under paragraph (9) (b) of more than one notice in respect of a ship.

“(11) If a notice under paragraph (9)(b) is contravened or not complied with in relation to a ship, the master and owner of the ship are each guilty of a further offence punishable upon conviction by a fine not exceeding $5,000.

“(12) Section 426 applies to orders made under sub-section (1) of this section.

“(13) In the preceding provisions of this section, a reference to a ship

(a) shall be read as a reference to

(i) a ship registered in Australia;

(ii) a ship (other than a ship registered in Australia) engaged in the coasting trade; or

(iii) a ship (other than a ship registered in Australia or engaged in the coasting trade) licensed under section 288 to engage in the coasting trade and operated by any of the following (whether or not in association with any other person, firm or company, being a person, firm or company of any description), namely

(A) a person who is a resident of, or has his principal place of business in, Australia;

(B) a firm that has its principal place of business in Australia; or

(C) a company that is incorporated, or has its principal place of business, in Australia; and

(b) shall be read as including a reference to a ship that is intended to be constructed or is in the course of construction and in either case is intended to become a ship of a kind referred to in sub-paragraph (a)(i), (ii) or (iii).”.

(2) If this section comes into operation before the commencement of sub-section 10 (1), section 14 of the Principal Act as amended by sub-section (1) of this section has effect until the commencement of sub-section 10(1) as if

(a) the reference in sub-section (1) to a qualified master were a reference to a duly certificated master;

(b) the reference in that sub-section to qualified officers were a reference to duly certificated officers; and

(c) the reference in that sub-section to qualified seamen were a reference to appropriately rated seamen.

Repeal of sections 14 and 14a

9. Sections 14 and 14a of the Principal Act are repealed.

10. (1) Division 3 of Part II of the Principal Act is repealed and the following Division is substituted:

Division 3—Qualifications of Masters, Officers and Seamen

Regulations with respect to qualifications of masters, officers and seamen

“15. (1) The regulations may specify standards of competence to be attained and other conditions to be satisfied, or specify conditions to be satisfied, by a person in order to be a qualified master, officer or seaman of any designation for the purposes of this Act.

“(2) Without limiting the generality of sub-section (1), the conditions specified in regulations made for the purposes of that sub-section may include conditions as to age, character, health, nationality, citizenship or residence, and regulations made for the purposes of that sub-section may make provision for and in relation to

(a) the manner in which the attainment of any standard or the satisfaction of any other condition is to be evidenced, and, in particular, the obtaining of certificates and other documents to be held by masters, officers and seamen as evidence that they are qualified masters, officers or seamen of particular designations for the purposes of this Act;

(b) the issue, recall, surrender, replacement, form and recording of such certificates and other documents;

(c) the duration, variation, renewal, suspension and cancellation of such certificates and other documents;

(d) the instruction, training and examination of masters, officers and seamen, including the gaining of sea service and other experience, and the conduct of examinations, the conditions for admission to examinations and the appointment and remuneration of examiners;

(e) the recognition, for the purposes of this Act, in whole or in part and whether conditionally or unconditionally, of certificates and other documents granted or issued to or in respect of masters, officers and seamen under the laws of a State or Territory or of a country other than Australia;

(f) the reconsideration of decisions made under regulations made for the purposes of sub-section (1) or under orders made in pursuance of regulations made by virtue of paragraph (h) of this sub-section;

(g) the exemption of persons, in whole or in part and whether conditionally or unconditionally, from any requirement in relation to which provision is made by the regulations made for the purposes of sub-section (1); and

(h) empowering the Minister to make orders with respect to any matter for or in relation to which provision may be made by the regulations by virtue of this section.

“(3) In sub-section (2), ‘decision’ has the same meaning as in the Administrative Appeals Tribunal Act 1975.

“(4) Section 426 applies to orders made in pursuance of regulations made by virtue of paragraph (2)(h) of this section.


 

Unqualified person going to sea as qualified master, officer or seaman

“16. A person shall not

(a) serve on a ship, or enter into an agreement to serve on a ship, as a qualified master, officer or seaman of a particular designation if he is not a qualified master, officer or seaman of that designation;

(b) falsely represent himself to be a qualified master, officer or seaman of any designation; or

(c) take into employment as a qualified master, officer or seaman of a particular designation a person who is not a qualified master, officer or seaman of that designation.

Penalty: $1,000.

Certificates to be produced

“17. A person who is serving on a ship, or is entering or has entered into an agreement to serve on a ship, as a qualified master, officer or seaman of any designation shall not, without reasonable excuse, fail to produce on demand his certificates to a proper authority.

Penalty: $500.

Proper authority may refuse to approve engagement of unqualified master, officer or seaman

“18. A proper authority at a port may refuse to permit a person to enter into an agreement to serve on a ship as a master, officer or seaman of a particular designation if the proper authority is not satisfied that the person is a qualified master, officer or seaman of that designation.

Application of Division

“19. (1) The provisions of this Division apply to

(a) ships registered in Australia;

(b) ships (other than ships registered in Australia) engaged in the coasting trade; and

(c) ships (other than ships registered in Australia or engaged in the coasting trade) licensed under section 288 to engage in the coasting trade and operated by any of the following (whether or not in association with any other person, firm or company, being a person, firm or company of any description), namely

(i) a person who is a resident of, or has his principal place of business in, Australia;

(ii) a firm that has its principal place of business in Australia; and

(iii) a company that is incorporated, or has its principal place of business, in Australia,

and to their owners, masters and crews.

“(2) A reference in this Division to a ship shall be read as a reference to a ship to which this Division applies.”.

(2) If section 5 comes into operation before the commencement of sub-section (1) of this section, sections 17 and 18a of the Principal Act as amended by this Act have effect after the commencement of section 5 and until the commencement of sub-section (1) of this section as if “or a citizen of Ireland” were inserted after “British subject” (wherever occurring).

Repeal of Division 6 of Part II

11. (1) Division 6 of Part II of the Principal Act is repealed.

(2) If sub-section 4 (3) comes into operation before the commencement of sub-section (1) of this section, section 39 of the Principal Act as amended by this Act has effect after the commencement of sub-section 4 (3) and until the commencement of sub-section (1) of this section as if the reference in paragraph (c) to a Commonwealth country other than Australia were a reference to a prescribed country.

Heading to Division 7 of Part II

12. The heading to Division 7 of Part II of the Principal Act is omitted and the following heading is substituted:

Division 7Crew Work in Port

Repeal of sections 43 and 44

13. Sections 43 and 44 of the Principal Act are repealed.

14. After section 48 of the Principal Act the following sections are inserted:

Minimum age for employment at sea

“48a. (1) Except as provided by the regulations, a person shall not engage another person for service at sea in any capacity unless that other person has attained the age prescribed in respect of that capacity.

“(2) A proper authority at a port may refuse to permit a seaman to enter into an agreement to serve on a ship if he is not satisfied that the seaman has attained the age prescribed in respect of the capacity in which he is to be engaged or is otherwise entitled to serve at sea in that capacity.

Proper authority may refuse to permit engagement of seaman if discharge not produced

“48b. A proper authority at a port may refuse to permit a seaman to enter into an agreement to serve on a ship if the seaman fails to produce a discharge from his last ship to the proper authority.”.

Repeal of section 58

15. Section 58 of the Principal Act is repealed.

16. After section 59a of the Principal Act the following section is inserted:

Shipowner not entitled to limit liability in respect of claims by crew, &c.

“59b. (1) The owner of a ship is not entitled to limit his liability in respect of a claim that is made by the master or any other member of the crew of the ship, or by a servant of the owner on board the ship or by a servant of the owner whose duties are connected with the ship, where the claim arises from an occurrence of a kind specified in sub-paragraph (1)(a) or (b) of Article 1 of the International Convention relating to the limitation of the liability of owners of sea-going ships referred to in sub-section 330(1).

“(2) The reference in sub-section (1) to the master or any other member of the crew of a ship, or a servant of the owner of a ship on board the ship or a servant of the owner of a ship whose duties are connected with the ship, shall be read as including a reference to the heirs, personal representatives and dependants of the master or other member of the crew, or servant of the owner, as the case may be.”.

Certificate of clearance

17. Section 60a of the Principal Act is amended by adding at the end thereof the following sub-section:

“(3) It is a defence to a prosecution for an offence against sub-section (1) if the master of the ship concerned proves that a certificate of clearance could not have been obtained without unreasonable delay to the ship.”.

Discharges in Australia

18. Section 61 of the Principal Act is amended

(a) by omitting from paragraph (a) “, if the ship is not registered in Australia or engaged in the coasting trade,”; and

(b) by inserting in paragraph (a) “by instrument in writing” after “Minister”.

19. Section 66 of the Principal Act is repealed and the following section is substituted:

Return of seaman’s certificates

“66. On the discharge of a seaman from a ship, the master of the ship shall return to the seaman any of the certificates of the seaman in the possession, custody or control of the master.”.

Report of seaman’s character

20. Section 67 of the Principal Act is amended by omitting from sub-section (2) “indorse on his discharge” and substituting “furnish to the seaman”.

Allotment of seaman’s wages

21. Section 70 of the Principal Act is amended by omitting paragraph (a) of sub-section (3) and substituting the following paragraph:

“(a) an allotment note in the prescribed form, or in a form approved by the Minister by instrument in writing, is signed by the master and the seaman; and”.


 

22. Section 75 of the Principal Act is repealed and the following section is substituted:

Payment of wages on discharge

“75. (1) Where a seaman is discharged at a port in Australia, or at a port outside Australia from a ship registered in Australia, then

(a) subject to section 79, the seaman shall, before or at the time he is given his discharge, be paid the amount of wages due to him up to the time of his discharge, less any deductions specified in the account required to be delivered to him under sub-section 76(1) and any other deductions approved by the proper authority at the port; and

(b) if the seaman requests the master of the ship that he be paid in the presence of the proper authority—the seaman shall be paid in the presence of the proper authority or, if that is not practicable, through the proper authority.

“(2) If a seaman is not paid the amount of his wages in accordance with sub-section (1), the master of the ship from which he is discharged, and the owner of the ship, are each guilty of an offence.

“(3) It is a defence to a prosecution for an offence against sub-section (2) if the person charged proves that the failure to pay to the seaman the amount of his wages in accordance with sub-section (1) was due to the seaman’s act or default, to a reasonable dispute as to liability for those wages or to any other cause not attributable to the wrongful act or default of the person charged or of any person acting on his behalf.”.

Account of wages on discharge

23. Section 76 of the Principal Act is amended

(a) by omitting sub-section (1) and substituting the following sub-section:

“(1) The master of a ship (whether British or foreign) who discharges a seaman at a port in Australia, and the master of a ship registered in Australia who discharges a seaman at any port, shall deliver to the seaman, either directly or through a proper authority, at the prescribed time and in the prescribed form or in a form approved by the Minister by instrument in writing, a full and true account of the wages of the seaman and of the deductions made or to be made for any reason from those wages.”;

(b) by omitting from sub-section (3) “The master” and substituting “Subject to sub-section (5), the master”; and

(c) by adding at the end thereof the following sub-section:

“(5) The Minister may, by instrument in writing, direct that, subject to such conditions (if any) as are specified in the direction, sub-section (3) does not apply in relation to the master of a specified ship or the master of a ship included in a specified class of ships.”.

Settlement of wages

24. Section 80 of the Principal Act is amended

(a) by omitting paragraph (a) and substituting the following paragraph:

“(a) Where the settlement of a seaman’s wages is completed before a proper authority, the master or owner, and the seaman, shall, in the presence of the proper authority, sign, in the prescribed form or in a form approved by the Minister by instrument in writing, a mutual release of all claims in respect of the past engagement, other than any claim by the seaman against the master or owner that, by a note entered upon the release, is excepted from the release.”; and

(b) by omitting from paragraph (d) “discharge and settlement are” and substituting “settlement is”.

Court may direct forfeiture of wages of deserting seaman

25. Section 105 of the Principal Act is amended

(a) by omitting sub-sections (1) and (2); and

(b) by omitting from sub-section (3) “the seaman” (first occurring) and substituting “a seaman”.

Repeal of section 121

26. (1) Section 121 of the Principal Act is repealed.


(2) If sub-section 4(3) comes into operation before the commencement of sub-section (1) of this section, section 121 of the Principal Act as amended by this Act has effect after the commencement of sub-section 4(3) and until the commencement of sub-section (1) of this section as if the reference in paragraph (c) to a Commonwealth country other than Australia were a reference to a prescribed country.

Regulations relating to accommodation

27. Section 136 of the Principal Act is amended

(a) by omitting paragraph (k) of sub-section (1) and substituting the following paragraph:

“(k) the modification of a provision of the regulations in its application to a ship, or the exemption of a ship from the application of a provision of the regulations, where the keel of the ship was laid before the date of commencement of the provision or the ship had reached, before that date, a stage of construction specified in the regulations for the purposes of this paragraph.”; and

(b) by omitting sub-section (2).

Crew Accommodation Committee

28. Section 138 of the Principal Act is amended

(a) by inserting after sub-section (4c) the following sub-sections:

“(4d) The Chairman and other members of the Committee, and the deputies of the Chairman and other members of the Committee, shall be paid such remuneration as is determined by the Remuneration Tribunal.

“(4e) The Chairman and other members of the Committee, and the deputies of the Chairman and other members of the Committee, shall be paid such allowances as are prescribed.

“(4f) Sub-sections (4d) and (4e) have effect subject to the Remuneration Tribunals Act 1973.”;

(b) by adding at the end of paragraph (b) of sub-section (8) “and”;

(c) by omitting from paragraph (c) of sub-section (8) “and” (last occurring); and

(d) by omitting paragraph (d) of sub-section (8).

Ships not to go to sea without required accommodation

29. Section 138a of the Principal Act is amended by inserting “or by virtue of” after “under”.

Right of Minister to dispose of effects of deceased seaman

30. Section 156 of the Principal Act is amended

(a) by omitting from sub-section (1) “Five hundred dollars” (wherever occurring) and substituting “$2,000”;

(b) by omitting from paragraph (c) of sub-section (1) “a foreign country between which and the United Kingdom an agreement exists respecting the disposal of the property of deceased seaman of the respective nationalities of that country and the United Kingdom” and substituting “a country between which and Australia an international agreement exists relating to the disposal of the property of deceased seaman or apprentices who are nationals of that country”; and

(c) by adding at the end thereof the following sub-section:

“(3) Moneys to which sub-section (1) applies that, in the opinion of the Minister, cannot for the time being be dealt with as that sub-section requires, may be invested by the Minister as prescribed.”.

Application

31. Section 187 of the Principal Act is amended by adding at the end thereof the following sub-sections:

“(2) Section 2 does not have effect in relation to a provision of this Part that gives effect to a provision of Chapter V of the Regulations contained in the Annex to the Safety Convention (other than Regulation 13 or 15 of that Chapter of those Regulations).


 

“(3) Provisions of this Act giving effect to the Safety Convention do not apply in relation to an intra-State vessel to the extent that a law of a State or of the Northern Territory makes provision giving effect to the Safety Convention in relation to that vessel.”.

Interpretation

32. (1) Section 187a of the Principal Act is amended

(a) by omitting from sub-section (1) the definition of “the Load Line Convention” and substituting the following definition:

“‘the Load Line Convention’ means the International Convention on Load Lines, 1966, as corrected by the Procès-Verbal of Rectification dated 30 January 1969 and the Procès-Verbal of Rectification dated 5 May 1969 (a copy of the English text of the articles of which, and of the annexes to which, as so corrected, other than the chart attached to Annex II, is set forth in Schedule 4), as affected by any amendment, other than an amendment not accepted by Australia, made under Article 29 of the Convention;”; and

(b) by omitting sub-section (2).

(2) Section 187a of the Principal Act is amended by inserting after the definition of “the Load Line Convention” in sub-section (1) the following definition:

“‘the Prevention of Collisions Convention’ means the Convention on the International Regulations for Preventing Collisions at Sea, 1972 (a copy of the English text of the articles of which is set forth in Schedule 3), together with the International Regulations for Preventing Collisions at Sea, 1972, constituted by the rules and other annexes attached to that Convention, as corrected by the Procès-Verbal of Rectification dated 1 December 1973 (a copy of the English text of which rules and other annexes, as so corrected, is also set forth in Schedule 3), as affected by any amendment, other than an amendment objected to by Australia, made under Article VI of that Convention;”.

(3) Section 187a of the Principal Act is amended

(a) by omitting “or territory” from the definition of “country to which the Safety Convention applies” in sub-section (1);

(b) by omitting from the definition of “Safety Convention ship” in sub-section (1) “registered in” and substituting “entitled to fly the flag of”;

(c) by omitting from sub-section (1) the definition of “the Safety Convention” and substituting the following definitions:

“‘the Protocol of 1978 relating to the Safety Convention’ means the Protocol of 1978 relating to the International Convention for the Safety of Life at Sea, 1974 (a copy of the English text of the articles of which, and of the annex and appendix to which, is set forth in Schedule 2), as affected by any amendment, other than an amendment objected to by Australia, made under Article VIII of the International Convention for the Safety of Life at Sea, 1974, as incorporated in that Protocol by Article II of that Protocol;

“‘the Safety Convention’ means the International Convention for the Safety of Life at Sea, 1974 (a copy of the English text of the articles of which, and of the annex and appendix to which, is set forth in Schedule 1), as affected by any amendment, other than an amendment objected to by Australia, made under Article VIII of that Convention and, after the date on which the Protocol of 1978 relating to the Safety Convention enters into force for Australia, as also affected by that Protocol;”;

(d) by omitting sub-section (3) and substituting the following sub-sections:

“(2) For the purposes of determining for the purposes of this Part whether a voyage is an international voyage, account shall not be taken of a deviation by a ship from an intended voyage if the deviation is due only to stress of weather or any other circumstance that neither the master nor the owner of the ship could have prevented or forestalled.

“(3) For the purposes of determining for the purposes of Division 5 whether a voyage is an international voyage, a territory for which the United Nations are the administering authority, or for the international relations of which Australia or any other country is responsible, shall be deemed to be a separate country.”; and


 

(e) by adding at the end thereof the following sub-section:

“(5) For the purposes of this Part, an unregistered ship entitled to fly the flag of a country shall be deemed to be registered in that country.”.

(4) Section 187a of the Principal Act is amended by inserting before the definition of “the Load Line Convention” in sub-section (1) the following definition:

“‘the Container Convention’ means the International Convention for Safe Containers as corrected by the Procès-Verbal of Rectification dated 25 June 1976 (a copy of the English text of the articles of which, and of the annexes to which, as so corrected, is set forth in Schedule 5), as affected by

(a) any amendment of the Convention, other than an amendment not accepted by Australia, made under Article IX of the Convention; and

(b) any amendment of the annexes to the Convention, other than an amendment objected to by Australia, made under Article X of the Convention.”.

Declaration of countries to which the Safety Convention applies

33. Section 187b of the Principal Act is amended by omitting “or territory” (wherever occurring).

34. Section 187d of the Principal Act is repealed and the following sections are substituted:

Certificate by Minister as to amendments of the Load Line Convention

“187d. The Minister may, by writing under his hand, certify that the amendments, other than amendments not accepted by Australia, by which the Load Line Convention was affected as at such date as is specified in the certificate are set out in, or annexed to, the certificate, and such a certificate is, for all purposes, prima facie evidence of the matters so certified.

Certificate by Minister as to amendments of the Safety Convention, &c.

“187e. The Minister may, by writing under his hand, certify that the amendments, other than amendments objected to by Australia, by which the Safety Convention, or the Protocol of 1978 relating to the Safety Convention, was affected as at such date as is specified in the certificate are set out in, or annexed to, the certificate, and such a certificate is, for all purposes, prima facie evidence of the matters so certified.”.

Exemptions

35. Section 188 of the Principal Act is amended by adding at the end thereof the following sub-sections:

“(2) The Minister may, in relation to a Safety Convention ship that is registered in Australia, exercise the right conferred on the Government of the Commonwealth by paragraph (b) of Regulation 4 of Chapter I contained in the Annex to the Safety Convention to exempt the ship from a provision of Chapter II-1, II-2, III or IV of the Regulations contained in that Annex, and a ship so exempted, and the master and owner of the ship, are exempt from compliance with any provision of this Act that gives effect to that provision.

“(3) An exemption under sub-section (2) is subject to such safety requirements (if any) as are specified in the exemption.

“(4) If a safety requirement that is applicable to a ship by virtue of an exemption under sub-section (3) is contravened or not complied with, the master and the owner of the ship are each guilty of an offence punishable upon conviction by a fine not exceeding $1,000.”.

Powers of inspection of surveyors

36. Section 190aa of the Principal Act is amended by omitting from sub-section (1) “the certificate of competency of the master” and substituting “the certificates of the master”.

Regulations to give effect to the Safety Convention

37. Section 191 of the Principal Act is amended by adding at the end thereof the following sub-sections:

“(3) Section 2 does not have effect in relation to a regulation, or an order made in pursuance of the regulations, that gives effect to a provision of Chapter V of the Regulations contained in the Annex to the Convention (other than Regulation 13 or 15 of that Chapter of those Regulations).


 

“(4) Regulations and orders giving effect to the Convention do not apply in relation to an intra-State vessel to the extent that a law of a State or of the Northern Territory makes provision giving effect to the Convention in relation to that vessel.”.

Regulations giving effect to Conventions-discretion of Governor-General and Minister

38. (1) Section 191a of the Principal Act is amended by omitting from sub-sections (1) and (2) “or” (second occurring) and substituting “, the Prevention of Collisions Convention or the”.

(2) Section 191a of the Principal Act is amended by inserting in sub-section (1) “the Container Convention,” before “the Safety Convention”.

Duration and extension of certificates

39. Section 195 of the Principal Act is amended by inserting after sub-section (1) the following sub-sections:

“(1a) Where a ship in respect of which a certificate of survey, a passenger certificate or a certificate of equipment has been issued is not in an Australian port at the time when the certificate expires or is about to expire, the Minister may, if it appears proper and reasonable for him so to do, extend the certificate for a period not exceeding 5 months from the date of expiration of the certificate, for the purpose of allowing the ship to proceed to a port specified by the Minister to be surveyed.

“(1b) An extension of a certificate under sub-section (1a) is of no further effect upon the arrival of the ship at the port so specified.”.

40. After section 195 of the Principal Act the following section is inserted:

Cancellation of certificates if ship ceases to be registered in Australia

“195a. A certificate of survey, a passenger certificate or a certificate of equipment ceases to have effect if the ship in respect of which it was issued ceases to be registered in Australia.”.

Extension of certificates

41. Section 206p of the Principal Act is amended

(a) by inserting in sub-section (1) “, other than a cargo ship safety construction certificate,” after “a certificate”; and

(b) by omitting from sub-section (3) “has not been” and substituting “is not a cargo ship safety construction certificate or a certificate which has been”.

42. After section 206p of the Principal Act the following section is inserted:

Cancellation of certificates if ship ceases to be registered in Australia

“206pa. A certificate issued under this Division ceases to have effect if the ship in respect of which it was issued ceases to be registered in Australia.”.

Certificates required for non-Safety Convention ships not registered in Australia

43. Section 206v of the Principal Act is amended by omitting sub-section (2) and substituting the following sub-sections:

“(2) The Minister may, by instrument in writing, exempt a ship, or ships included in a class of ships, from the application of sub-section (1).

“(3) The Minister shall not exercise his powers under sub-section (2) unless he is satisfied, having regard to any certificate in force in respect of the ship or each ship included in the class of ships, that he can do so without danger to the ship or each ship, as the case may be, or to the passengers and crew.

“(4) An exemption under sub-section (2)

(a) is subject to such conditions (if any) as are specified in the exemption; and

(b) may be confined to a particular period or to one or more particular voyages.

“(5) If a condition that is applicable to a ship by virtue of an exemption under sub-section (4) is contravened or not complied with, the master and owner of the ship are each guilty of an offence punishable upon conviction by a fine not exceeding $1,000.”.

Interpretation

44. Section 218 of the Principal Act is amended by omitting sub-section (2).


Ships not to be overloaded

45. Section 227b of the Principal Act is amended

(a) by omitting from sub-section (1) “deadweight tonnage” (first occurring) and substituting “deadweight tonneage”;

(b) by omitting from sub-section (1) “each inch or part of an inch” and substituting “each 25 millimetres or part thereof”;

(c) by omitting the table at the foot of sub-section (1) and substituting the following table:

 

Amount

 

$

1—Gross registered tonnage (passenger ships)

 

Not exceeding 1,000 tons.....................................................................................

500

Exceeding 1,000 tons but not exceeding 5,000 tons............................................

1,000

Exceeding 5,000 tons but not exceeding 10,000 tons..........................................

2,000

Exceeding 10,000 tons but not exceeding 20,000 tons........................................

4,000

Exceeding 20,000 tons but not exceeding 40,000 tons........................................

6,000

Exceeding 40,000 tons..........................................................................................

8,000

2—Deadweight tonneage (cargo ships)

 

Not exceeding 1,000 tonnes.................................................................................

500

Exceeding 1,000 tonnes but not exceeding 5,000 tonnes.....................................

1,000

Exceeding 5,000 tonnes but not exceeding 10,000 tonnes...................................

2,000

Exceeding 10,000 tonnes but not exceeding 20,000 tonnes.................................

4,000

Exceeding 20,000 tonnes but not exceeding 40,000 tonnes.................................

6,000

Exceeding 40,000 tonnes......................................................................................

8,000

(d). by omitting from sub-section (2) “deadweight tonnage” (wherever occurring) and substituting “deadweight tonneage”; and

(e) by inserting in sub-section (2) “or tonnes, as the case requires,” after “tons” (wherever occurring).

Heading to Division 8 of Part IV

46. The heading to Division 8 of Part IV of the Principal Act is omitted and the following heading is substituted:

Division 8—Musters, Drills and Checks and Tests of Machinery and Equipment.

47. After section 235 of the Principal Act the following section is inserted:

Machinery and equipment checks and tests

“236. The master of a ship

(a) shall ensure that checks and tests of the machinery and equipment of the ship are conducted as required by the regulations; and

(b) shall, in accordance with the regulations, make, or cause to be made, in the official log-book of the ship entries relating to the conducting of such checks and tests and any failure to conduct such a check or test.

Penalty: $500.”.

48. After Division 8 of Part IV of the Principal Act the following Division is inserted:

Division 9—Containers

Interpretation

“237. In this Division, ‘container’ has the same meaning as in the Container Convention.


 

Declaration of countries to which the Container Convention applies

“238. (1) The Minister may, by notice published in the Gazette, declare

(a) that a country specified in the notice has ratified, accepted, approved or acceded to the Container Convention or has ratified, accepted, approved or acceded to the Convention subject to reservations specified in the notice, as the case may be, and that the Convention has, or will, come into force or has, or will, come into force subject to those reservations, as the case may be, in respect of that country on a date specified in the notice; or

(b) that a country specified in the notice has denounced the Container Convention and that that denunciation has taken, or will take, effect on a date specified in the notice.

“(2) A notice under sub-section (1) is, for all purposes, prima facie evidence of the matters declared.

Certificate by Minister as to amendments of the Container Convention

“239. The Minister may, by writing under his hand, certify that the amendments (other than amendments not accepted by Australia) by which the Container Convention was affected, and the amendments (other than amendments objected to by Australia) by which the annexes to that Convention were affected, as at such date as is specified in the certificate are set out in, or annexed to, the certificate, and such a certificate is, for all purposes, prima facie evidence of the matters so certified.

Regulations to give effect to the Container Convention

“240. (1) The regulations may make provision for and in relation to giving effect to the Container Convention.

“(2) Without limiting the generality of sub-section (1), regulations made for the purposes of that sub-section may empower the Minister to make orders with respect to any matter for or in relation to which provision may be made by the regulations by virtue of this section.

“(3) Regulations giving effect to the Container Convention do not apply in relation to a container in a State or in the Northern Territory to the extent that a law of that State or Territory, as the case may be, makes provision giving effect to that Convention in relation to that container.

“(4) Section 426 applies to orders made in pursuance of regulations made by virtue of sub-section (1) of this section.

Safety requirements and tests not required or permitted by the Container Convention not to be imposed

“241. (1) Nothing in a law of the Commonwealth in force at the commencement of this Division shall, after that commencement, be taken as imposing or authorizing the imposition of structural safety requirements or tests on containers to which the Container Convention applies that are not required or permitted by that Convention to be imposed on such containers.

“(2) Structural safety requirements or tests that are not required or permitted by the Container Convention to be imposed on containers to which that Convention applies shall not be imposed by or under a law of a State or Territory on such containers.

“(3) Nothing in sub-section (1) or (2) shall be taken to preclude the application in relation to containers to which the Container Convention applies of a law of the Commonwealth or of a State or Territory that prescribes additional structural safety requirements or tests of a kind referred to in paragraph 2 of Article V of that Convention.”.

Collisions, lights and signals

49. (1) Section 258 of the Principal Act is amended by omitting from sub-section (6) “fees and travelling expenses” and substituting “remuneration and allowances”.

(2) Section 258 of the Principal Act is amended

(a) by omitting from sub-section (1) “ships” and substituting “vessels”;

(b) by inserting after sub-section (1) the following sub-sections:

“(1a) Without limiting the generality of sub-section (1), the regulations may make provision for and in relation to giving effect to the Prevention of Collisions Convention, and section 2 does not have effect in relation to regulations, and orders made in pursuance of the regulations, that give effect to that Convention.


 

“(1b) Regulations and orders giving effect to the Prevention of Collisions Convention do not apply in relation to a vessel that is in the area constituted by

(a) the territorial sea of Australia;

(b) the sea on the landward side of the territorial sea of Australia; and

(c) waters other than waters of the sea,

to the extent that a law of a State or of the Northern Territory makes provision giving effect to that Convention in relation to that vessel while it is in that area.”;

(c) by omitting from sub-section (2) “sub-section (1)” and substituting “this section”;

(d) by omitting from sub-section (2) “$200” and substituting “$2,000”; and

(e) by omitting from sub-sections (3), (4) and (5) “sub-section (1)” and substituting “this section”.

50. After section 258 of the Principal Act the following section is inserted:

Certificate by Minister as to amendments of the Prevention of Collisions Convention

“258aa. The Minister may, by writing under his hand, certify that the amendments, other than amendments objected to by Australia, by which the Prevention of Collisions Convention was affected as at such date as is specified in the certificate are set out in, or annexed to, the certificate, and such a certificate is, for all purposes, prima facie evidence of the matters so certified.”.

Accidents, &c., to be reported

51. (1) Section 268 of the Principal Actis amended

(a) by omitting “the limits of Australia or the territorial waters of Australia” and substituting “Australia”; and

(b) by inserting “or another port in Australia” after “that port”.

(2) Section 268 of the Principal Act is amended

(a) by omitting paragraph (b) and substituting the following paragraph:

“(b) has sustained an accident or has otherwise received damage, or a defect in the ship or its boilers, machinery or equipment has been discovered, and the accident, damage or defect has affected, or is likely to affect

(i) the seaworthiness or safety of the ship;

(ii) the efficient operation or the safety of the boilers, machinery or fixed equipment of the ship; or

(iii) the efficiency or completeness of the life-saving appliances or other safety equipment of the ship;”; and

(b) by adding at the end thereof the following sub-section:

“(2) In this section

‘fixed equipment’ means equipment included in a class of equipment specified in the regulations as fixed equipment for the purposes of this section;

‘safety equipment’ means equipment included in a class of equipment specified in the regulations as safety equipment for the purposes of this section.”.

52. The following Division is added at the end of Part IV of the Principal Act:

Division 14—Reports of Movements of Ships

Interpretation

“269b. In this Division, unless the contrary intention appears

‘Australia’ includes an external Territory within the prescribed area;


‘foreign ship’ means a ship that is registered in a country other than Australia, but does not include a ship that

(a) is engaged in the coasting trade or in trade between Australia and an external Territory or between external Territories; or

(b) is demised under a charterparty to a charterer whose residence or principal place of business is in Australia;

‘port of call’, in relation to a ship, includes its port of destination and, in the case of a ship on a round trip, its port of departure;

‘prescribed area’ means the area of sea prescribed under paragraph 269e (a);

‘prescribed officer’ means

(a) the person occupying, or performing the duties of, the office prescribed for the purposes of paragraph 269e (b); and

(b) a person holding an appointment under sub-section 269m (1);

‘sailing plan’ means a sailing plan furnished under section 269f, and includes that sailing plan as varied at any time by a position report under section 269h;

‘time of day’ means a time of day expressed by reference to Greenwich Mean Time.

Objects of Division

“269c. The objects of this Division include the making of provision to enable the Government of the Commonwealth to carry out the duty imposed on it as a Contracting Government under the Safety Convention to ensure that any necessary arrangements are made for coast watching and for the rescue of persons in distress at sea around the coast of Australia.

Extension to Territories

“269d. This Division extends to an external Territory in the prescribed area.

Prescription

“269e. For the purposes of this Division

(a) the regulations may prescribe an area of sea (including the territorial sea) around Australia as the prescribed area; and

(b) the regulations may prescribe an office in the Department that deals with matters arising under this Act as the prescribed office.

Sailing plan

“269f. (1) Subject to this section, the master of a ship shall not take the ship to sea from a port in Australia (in this section referred to as ‘the port of departure’) unless he has, not earlier than 24 hours before the departure of the ship, furnished, in the prescribed manner, to a prescribed officer a sailing plan specifying the next port of call of the ship and containing such other information as is prescribed of the proposed movement of the ship from the port of departure until

(a) if that port of call is a port in Australia—it arrives at that port of call; or

(b) if that port of call is a port outside Australia—it leaves the prescribed area.

“(2) Subject to sub-section (3), where a ship referred to in sub-section (1) is, after leaving the port of departure, to be at sea for a period of not less than 24 hours without calling at a port of call, the sailing plan with respect to the ship shall nominate a time of day for the furnishing by the master of a position report, or position reports, under sub-section 269h (1).

“(3) Sub-section (2) does not apply in relation to a foreign ship the next port of call of which is a port outside Australia if the master of the ship, when furnishing the sailing plan, gives a notification, in the prescribed manner, to a prescribed officer that he does not intend to furnish position reports.

“(4) In sub-section (3), ‘Australia’ does not include an external Territory.

“(5) A master of a ship who takes the ship to sea from a port in Australia without having furnished a sailing plan in accordance with sub-section (1) may, within 2 hours after so taking the ship to sea, furnish, in the prescribed manner, to a prescribed officer a sailing plan containing the information required by sub-section (1) and, where applicable, sub-section (2) and, if he does so, the taking of the ship to sea shall be deemed not to have been a contravention of sub-section (1).


 

Cancellation of sailing plan

“269g. (1) Where the master of a ship at a port has furnished a sailing plan with respect to the proposed movement of the ship after leaving the port, the master may, at any time before he takes the ship to sea from the port, notify a prescribed officer, in the prescribed manner, of the cancellation of the plan.

“(2) Where the master of a ship at a port

(a) takes the ship to sea at a time that is earlier, by more than 2 hours, than the time of departure specified in a sailing plan with respect to the ship; and

(b) does not, before so taking the ship to sea, notify the cancellation of the sailing plan under this section,

the sailing plan shall, for the purposes of this Division, be deemed not to have been furnished.

“(3) Where

(a) a ship in respect of which a sailing plan has been furnished has not left the port of departure to which the sailing plan refers at the expiration of 2 hours after the time of departure specified in the sailing plan; and

(b) the master of the ship has not notified the cancellation of the sailing plan under sub-section (1),

the master shall forthwith give such a notification.

“(4) Where the master of a ship at a port notifies the cancellation of a sailing plan under this section, the plan shall, for the purposes of this Division, be deemed not to have been furnished.

Position report

“269h. (1) The master of a ship in respect of which there is a sailing plan nominating a time of day for the furnishing of position reports under this sub-section shall, on each day while the ship is at sea, furnish a position report with respect to the position, course and speed of the ship at the time of day so nominated.

“(2) Where a ship referred to in sub-section (1) is, at any time, in a position that is so distant from the position in which it would be predicted to be from information in the sailing plan that more than 2 hours would be required for the ship to cover the distance from the one position to the other, the master of the ship shall furnish a position report with respect to the position, course and speed of the ship at that time.

“(3) A position report under this section shall be furnished

(a) in the prescribed manner;

(b) to a prescribed officer; and

(c) not earlier than 2 hours before, and not later than, the time to which the report relates.

“(4) Where a position report under this section is furnished before the time to which it relates, the position, course and speed of the ship stated in the report shall be the predicted position, course and speed at that time.

“(5) The regulations may provide that a position report is to include such further information as is prescribed.

“(6) This section does not apply in relation to a foreign ship the next port of call of which is a port outside Australia but, if the sailing plan nominates a time of day for the furnishing of position reports, the master of the ship may, if he so wishes, furnish position reports in accordance with this section.

“(7) In sub-section (6), ‘Australia’ does not include an external Territory.

Arrival report and report of leaving prescribed area

“269j. (1) Subject to this section, the master of a ship that arrives at a port in Australia shall, within 2 hours after that arrival, furnish, in the prescribed manner, to a prescribed officer a report that the ship has so arrived.

“(2) Sub-section (1) does not apply in relation to the arrival of a ship at a port if, not earlier than 2 hours before the estimated time of arrival of the ship at that port, the master of the ship furnished, in the prescribed manner, to a prescribed officer a report that the ship was so to arrive.

“(3) Subject to this section, where

(a) the master of a ship has furnished a sailing plan that nominates a time of day for the furnishing of position reports;

(b) the next port of call specified in the sailing plan is a port outside Australia; and

(c) the ship leaves the prescribed area in the course of its voyage to that port,

the master of the ship shall, on or before the next occurrence of the time of day referred to in paragraph (a) after leaving the prescribed area, furnish, in the prescribed manner, to a prescribed officer a report that the ship has left the prescribed area.

“(4) Sub-section (3) does not apply in relation to a foreign ship but the master of such a ship may, if he so wishes, furnish a report in accordance with that sub-section.

“(5) A report under sub-section (3) shall specify the position, course and speed of the ship at the time of departure from the prescribed area.

“(6) The regulations may provide that a report under this section is to include such further information as is prescribed.

Ships entering the prescribed area

“269k. (1) Where a ship enters the prescribed area from a port outside Australia, this Division applies in relation to that ship as if the entry into the prescribed area were the departure from a port in Australia.

“(2) A sailing plan furnished by virtue of this section shall, in addition to the information required by section 269f, specify the position, course and speed, or the predicted position, course and speed, of the ship at the time of entry into the prescribed area.

“(3) Sub-section (1) does not apply in relation to a foreign ship, but the master of a foreign ship that enters the prescribed area from a port outside Australia may, if he so wishes, furnish the sailing plan that he would be required to furnish if the ship were not a foreign ship and, upon his so doing, sub-section (1) shall be taken to have applied, and to apply, in relation to the ship in respect of that entry into the prescribed area.

Exemption

“269l. (1) The Minister may, by instrument in writing, exempt a ship, or ships included in a class of ships, from all or any of the provisions of this Division.

“(2) An exemption under sub-section (1)

(a) is subject to such conditions (if any) as are specified in the exemption; and

(b) may be confined to a particular period or to one or more particular voyages.

Appointment of agents

“269m. (1) The Minister may, by instrument in writing, appoint persons to receive, on behalf of the person occupying, or performing the duties of, the office prescribed for the purposes of paragraph 269e (b), sailing plans, notifications and reports under this Division.

“(2) An appointment under sub-section (1) may specify the person to whom the appointment relates by reference to the office or position that the person holds or the functions or duties that the person performs.

Offences

“269n. (1) If the master of a ship contravenes or fails to comply with a provision of this Division or a condition that is applicable to the ship by virtue of an exemption under section 269l, the master and the owner of the ship are each guilty of an offence against this section punishable upon conviction by a fine not exceeding $2,000.

“(2) It is a defence if a person charged with an offence against this section proves that it was not possible for the master of the ship concerned to comply with, or not to contravene, the provision or condition to which the charge relates.”.

Regulations as to passenger trade

53. Section 270 of the Principal Act is amended by omitting paragraph (k).


 

54. After Part V of the Principal Act the following Part is inserted:

“PART Va—SPECIAL PURPOSE SHIPS AND SPECIAL PERSONNEL

Interpretation

“283. In this Part

‘special purpose ship’ means a ship specified in the regulations as a special purpose ship or a ship included in a class of ships specified in the regulations as special purpose ships;

‘special personnel’ means persons carried on board a special purpose ship with the knowledge or consent of the owner, agent or master of the ship, other than

(a) the master or any other member of the crew of the ship;

(b) a pilot;

(c) a person temporarily employed on the ship in port; or

(d) any person included in a class of persons prescribed for the purposes of this paragraph.

Power to make regulations

“283a. (1) The regulations may make provision for or in relation to special purpose ships or special personnel with respect to any matter with respect to which provision is made by this Act or may be made by regulations made otherwise than by virtue of this section.

“(2) The regulations may provide that a specified provision of this Act does not apply, or applies with prescribed modifications, in relation to special purpose ships or special personnel.

Special personnel not passengers

“283b. For the purposes of this Act, persons who are special personnel carried on board a special purpose ship shall, except where the contrary intention appears, be deemed not to be passengers on that ship.”.

Ships in receipt of subsidies

55. Section 287 of the Principal Act is amended by omitting from sub-section (1) “any Government other than that of a Commonwealth country” and substituting “the government of a country other than Australia”.

Payment of Australian rates of wages

56. Section 289 of the Principal Act is amended by omitting sub-sections (3) and (4).

Interpretation

57. Section 294 of the Principal Act is amended by inserting before the definition of “Wreck” the following definition:

“ ‘Historic wreck’ means

(a) a historic shipwreck within the meaning of the Historic Shipwrecks Act 1976; or

(b) a historic relic within the meaning of that Act;”.

58. After section 295 of the Principal Act the following section is inserted in Division 1 of Part VII:

Certain provisions of Part not applicable to historic wrecks

“295a. (1) The provisions of sections 302 to 312 (inclusive), section 314 and Divisions 3 and 4 do not apply in relation to a wreck that is a historic wreck.

“(2) Where the provisions referred to in sub-section (1) (in this sub-section referred to as the ‘relevant provisions’) cease to apply in relation to a wreck by reason that it becomes a historic wreck, section 8 of the Acts Interpretation Act 1901 has effect, subject to the Historic Shipwrecks Act 1976, in respect of any previous application of the relevant provisions in relation to that wreck as if the relevant provisions had been repealed by another Act with effect from the date on which they so cease to apply, but nothing in this sub-section precludes the relevant provisions from again applying in relation to that wreck if it subsequently ceases to be a historic wreck.”.


 

Courts in which disputes to be determined

59. Section 319 of the Principal Act is amended by omitting from sub-section (2) “such sum as the Minister directs” and substituting “such remuneration and allowances as are paid to an assessor engaged in attendance on a Court of Marine Inquiry”.

Appointment of valuer

60. Section 321 of the Principal Act is amended by omitting sub-section (3) and substituting the following sub-sections:

“(3) A valuer shall be paid such remuneration as is determined by the Remuneration Tribunal.

“(4) A valuer shall be paid such allowances as are prescribed.

“(5) Sub-sections (3) and (4) have effect subject to the Remuneration Tribunals Act 1973.”.

Removal of wrecks on or near coast

61. Section 329 of the Principal Act is amended by adding at the end thereof the following sub-section:

“(3) The provisions of sub-section (1) have effect in relation to a wreck that is a historic wreck notwithstanding anything contained in the Historic Shipwrecks Act 1976 but, in respect of a wreck that is a historic wreck, the Minister shall not exercise any of the powers referred to in that sub-section unless in his opinion it is necessary to do so for the purpose of

(a) saving human life;

(b) securing the safe navigation of ships; or

(c) dealing with an emergency involving a serious threat to the environment.”.

Offences

62. Section 329g of the Principal Act is amended by omitting from the definition of “the prescribed amount” in sub-section (3) “tons” (wherever occurring) and substituting “tonnes”.

Prevention &c., of pollution caused by escape of oil

63. Section 329k of the Principal Act is amended

(a) by omitting from sub-section (7) the definition of “adjusted net tonnage” and substituting the following definition:

“‘adjusted register tonnage’, in relation to a ship, means the number of tons that would be the register tonnage of the ship if, in ascertaining that tonnage by reference to the gross tonnage of the ship in accordance with the normal rules for measuring the tonnage of ships, no deduction were made from the gross tonnage of the ship in respect of engine-room space;”;

(b) by omitting from sub-section (7) the definition of “tonnage factor” and substituting the following definition:

“‘tonnage factor’, in relation to a ship, means a number equal to the number of tons included in the adjusted register tonnage of the ship or, if the ship cannot be measured in accordance with the normal rules for measuring the tonnage of ships, a number equal to 40% of the number of tonnes of oil of a specific gravity of 0.9 that the ship is capable of carrying in bulk as cargo.”; and

(c) by omitting sub-section (8).

Saving of other laws

64. Section 329l of the Principal Act is amended by adding at the end thereof “and nothing in the Historic Shipwrecks Act 1976 affects the operation of this Part.”.

65. (1) Part VIII of the Principal Act is repealed and the following Part is substituted:

“PART VIII—LIMITATION AND EXCLUSION OF SHIPOWNERS’ LIABILITY

Division 1—Limitation of Liability


 

Interpretation

“330. (1) In this Division, unless the contrary intention appears

‘applied provisions of the Convention’ means the provisions of the Convention that, by virtue of section 333, have the force of law as part of the law of the Commonwealth;

‘Convention’ means the International Convention relating to the limitation of the liability of owners of sea-going ships signed at Brussels on 10 October 1957, a copy of the English text of which is set forth in Schedule 6.

“(2) In this Division, except so far as the contrary intention appears, a word or expression used in this Division has the same meaning as in the Convention.

Extension to external Territories

“331. This Division extends to the External Territories.

Application

“332. (1) Section 2 does not have effect in relation to the provisions of this Division.

“(2) Section 3 does not have effect in relation to the provisions of this Division except to the extent that that section refers to vessels belonging to the naval, military or air forces of a country other than Australia.

“(3) The provisions of this Division do not apply in relation to an intra-State vessel to the extent that a law of a State or of the Northern Territory makes provision giving effect to the Convention in relation to that vessel.

“(4) The provisions of this Division shall be read subject to a law of the Commonwealth, a State or the Northern Territory to the extent that, by giving effect to an international agreement to which Australia is a party, it excludes or limits the right of the owner of a sea-going ship to limit his liability in accordance with the Convention.

“(5) A reference in this section to the provisions of this Division shall be read as including a reference to the applied provisions of the Convention and the provisions of any regulations made for the purposes of section 336.

Convention to have force of law

“333. The provisions of the Convention, other than sub-paragraph (1) (c) of Article 1 of that Convention, have the force of law as part of the law of the Commonwealth.

Certain ships to be treated as sea-going ships

“334. (1) A ship, not being a sea-going ship, that

(a) is engaged in trade or commerce with other countries or among the States or with or among the Territories or, being a ship in the course of construction, is intended for use in trade or commerce with other countries or among the States or with or among the Territories; or

(b) belongs to, or is under the control of, the Commonwealth (including a ship that belongs to an arm of the Defence Force) or a body established for a public purpose by or under an Act or a law of a Territory (other than a prescribed law of the Northern Territory) or (being a ship in the course of construction that does not belong to, or is not under the control of, the Commonwealth or such a body) is being built by, or on behalf of, or to the order of, the Commonwealth or such a body,

shall, for the purposes of this Division and the applied provisions of the Convention, be treated as if it were a sea-going ship.

“(2) A reference in sub-section (1) to a ship in the course of construction shall be read as a reference to a ship that has been launched, but not completed and delivered under the building contract.

Application to determine liability

“335. (1) Where a claim is, or claims are, made against or apprehended by a person in respect of any liability of that person that he may limit in accordance with the applied provisions of the Convention, the person may apply

(a) in the case of a claim or claims made in proceedings in the Supreme Court of a State or Territory—to that Court; or


 

(b) in any other case—to the Supreme Court of any State or Territory,

to determine the limit of that liability in accordance with those provisions, and the Court may so determine the limit of that liability and may make such order or orders as it thinks fit with respect to the constitution, administration and distribution, in accordance with those provisions, of a limitation fund for the payment of claims in respect of which the person is so entitled to limit his liability.

“(2) The Supreme Court of a State or Territory to which an application has been made under sub-section (1) may, if the Court thinks fit, at any stage in the proceedings, upon application or of its own motion, by order, transfer the proceedings to another Supreme Court.

“(3) Where proceedings are transferred from a Court in pursuance of sub-section (2)

(a) all documents filed of record, and moneys lodged, in that Court shall be transmitted by the Registrar or other proper officer of that Court to the Registrar or other proper officer of the Court to which the proceedings are transferred; and

(b) the Court to which the proceedings are transferred shall proceed as if the proceedings had been originally instituted in that Court and as if the same proceedings had been taken in that Court as had been taken in the Court from which the proceedings were transferred.

Regulations, &c.

“336. (1) The regulations may prescribe matters that are necessary or convenient to be prescribed for the purposes of carrying out or giving effect to the applied provisions of the Convention and, for or in connection with those purposes, may make provision for and in relation to

(a) the ascertainment of the tonnage of ships, including the estimation of the tonnage of ships in circumstances where it is not possible or reasonably practicable to measure their tonnage;

(b) the conversion of amounts of money expressed in the franc mentioned in Article 3 of the Convention into amounts of money expressed in the currency of Australia; and

(c) such matters as, under the Convention, are to be governed by the national law of a country that is a party to the Convention.

“(2) Sub-section (1) shall not be taken as limiting the power of a judge or judges of the Supreme Court of a State or Territory to make rules of court with respect to a matter that is not provided for in regulations made by virtue of sub-section (1).

Evidence of certain matters

“337. (1) The Minister may, by notice published in the Gazette, declare

(a) that a country specified in the notice has ratified or acceded to the Convention or has ratified or acceded to the Convention subject to reservations specified in the notice, as the case may be, and that the Convention has, or will, come into force or has, or will, come into force subject to those reservations, as the case may be, in respect of that country on a date specified in the notice;

(b) that a country specified in the notice has, at the time of deposit of its instrument of ratification or accession to the Convention or at any later time, declared that the Convention extends to a territory or territories specified in the notice and that that extension of the Convention has, or will, come into force on a date specified in the notice;

(c) that a country specified in the notice has denounced the Convention and that that denunciation has taken, or will take, effect on a date specified in the notice; or

(d) that a country specified in the notice has declared that the Convention shall cease to extend to a territory or territories specified in the notice and that that denunciation has taken, or will take, effect on a date specified in the notice.

“(2) A notice under sub-section (1) is, for all purposes, prima facie evidence of the matters declared.


 

Division 2—Exclusion of Liability

Shipowner not to be liable in certain cases of loss of or damage to, goods

“338. The owner of a ship, other than a foreign ship, shall not be liable to make good to any extent whatever any loss or damage happening without his actual fault or privity where

(a) any goods, merchandise or other things whatsoever taken in or put on board the ship are lost or damaged by reason of fire on board the ship; or

(b) any goods, being gold, silver, diamonds, watches, jewels or precious stones taken in or put on board the ship, the true nature and value of which have not, at the time of shipment, been declared by the owner or shipper thereof to the owner or master of the ship in the bills of lading or otherwise in writing, are lost or damaged by reason of any robbery, embezzlement, making away with or secreting thereof.”.

(2) If sub-section (1) of this section comes into operation before the commencement of section 80 of this Act, section 336 of the Principal Act as amended by sub-section (1) of this section has effect until the commencement of section 80 of this Act as if sub-section (1) were omitted and the following sub-section were substituted:

“(1) The regulations may prescribe matters that are necessary or convenient to be prescribed for carrying out or giving effect to the applied provisions of the Convention and, in particular, without limiting the generality of the foregoing, may make provision for and in relation to

(a) the ascertainment of the tonnage of ships that are not registered or of ships that are registered but are included in a class of ships prescribed for the purposes of this paragraph;

(b) the conversion of amounts of money expressed in the franc mentioned in Article 3 of the Convention into amounts of money expressed in the currency of Australia; and

(c) such matters as, under the Convention, are to be governed by the national law of a country that is a party to the Convention.”.

(3) If sub-section 4 (3) comes into operation before the commencement of sub-section (1) of this section, section 332 of the Principal Act as amended by this Act has effect after the commencement of sub-section 4 (3) and until the commencement of sub-section (1) of this section as if the reference in sub-section (1) to a Commonwealth country were a reference to a prescribed country.

Repeal of section 355a

66. Section 355a of the Principal Act is repealed.

Appointment of assessors

67. Section 360 of the Principal Act is amended by omitting from sub-section (2) “or, where the inquiry involves, or is likely to involve, any question as to the cancellation or suspension of the certificate of an engineer, who are, or have been, chief engineers of British ships”.

Repeal of section 361

68. Section 361 of the Principal Act is repealed.

69. Section 362 of the Principal Act is repealed and the following section is substituted:

Remuneration and allowances of assessors

“362. (1) An assessor shall be paid such remuneration as is determined by the Remuneration Tribunal.

“(2) An assessor shall be paid such allowances as are prescribed.

“(3) This section has effect subject to the Remuneration Tribunals Act 1973.”.

Powers of Court

70. Section 364 of the Principal Act is amended—

(a) by adding at the end of paragraph (f) of sub-section (1) “and”;

(b) by omitting from paragraph (g) of sub-section (1) “and” (last occurring); and

(c) by omitting paragraph (h) of sub-section (1).


 

Witnesses

71. Section 370 of the Principal Act is amended by omitting sub-section (4) and substituting the following sub-section:

“(4) A witness to be examined before a Court of Marine Inquiry, or before a person appointed to receive evidence on behalf of a Court of Marine Inquiry, may make an affirmation in lieu of taking an oath, and an affirmation so made is of the same force and effect, and entails the same liabilities, as an oath.”.

Repeal of sections 372 to 375b

72. (1) Sections 372 to 375b (inclusive) of the Principal Act are repealed.

(2) If sub-section 4(3) comes into operation before the commencement of sub-section (1) of this section, sections 372 and 374 of the Principal Act as amended by this Act have effect after the commencement of sub-section 4(3) and until the commencement of sub-section (1) of this section as if the references in paragraph 372(b), and sub-section 374(2), of that Act as so amended to a Commonwealth country other than Australia were references to a prescribed country.

Repeal of sections 381 and 382

73. (1) Sections 381 and 382 of the Principal Act are repealed.

(2) If sub-section 4 (3) comes into operation before the commencement of sub-section (1) of this section, section 382 of the Principal Act as amended by this Act has effect after the commencement of sub-section 4(3) and until the commencement of sub-section (1) of this section as if the reference to a Commonwealth country were a reference to a prescribed country.

Power to detain foreign ship that has occasioned damage

74. Section 383 of the Principal Act is amended by omitting from paragraph (b) of sub-section (1) “in any port of Australia or within three miles of the coast thereof” and substituting “in Australia”.

Offences in connection with certificates

75. Section 389a of the Principal Act is amended by omitting sub-section (6) and substituting the following sub-section:

“(6) In this section, ‘certificate’ means any of the certificates of a master, officer or seaman, and includes a certified copy of such a certificate.”

Indictable offences

76. Section 392 of the Principal Act is amended

(a) by omitting from paragraph (b) of sub-section (1) “Four hundred dollars” and substituting “$5,000”; and

(b) by omitting sub-section (2).

General penalty

77. Section 393 of the Principal Act is amended by omitting “Forty dollars” and substituting “$200”.

78. (1) After section 396 of the Principal Act the following section is inserted:

Offences against certain provisions of Act and regulations

“397. (1) Section 19b of the Crimes Act 1914 does not apply to an offence to which this section applies by virtue of sub-section (2) or to an offence against the regulations that is declared by the regulations to be an offence to which this section applies.

“(2) This section applies to offences created by, or resulting from the contravention or failure to comply with, the following provisions of this Act:

Sub-sections 14(8) and (11), section 16, items 4, 6, 8 and 9 of the table at the foot of section 100, sub-sections 125(1), 188(4), 190a(1), 191b(1) and (2), 192c(4), 193(1), 202(1), 206h(2), 206s(1) and (2) and 206t(1), (2) and (3), section 206u, sub-sections 206v(1) and (5), 217(1), 221(4) and (8), 227a(1), 227b(1) and 227d(1) and (2), sections 228, 231a and 231b, sub-sections 231c(1) and (2), section 233, sub-section 235(1), section 236, sub-sections 249(1), 253(1) and (2), 253a(2) and 254(1), sections 255, 256 and 268 and sub-section 269a(1).”.


 

(2) Until the commencement of section 8 of this Act, sub-section 397(2) of the Principal Act as amended by sub-section (1) has effect as if

(a) the reference to sub-sections 14(8) and (11) were a reference to sub-sections 14(1) and 43(1); and

(b) the reference to section 16 were omitted.

(3) Until the commencement of sub-section 32(3) of this Act, sub-section 397(2) of the Principal Act as amended by sub-section (1) has effect as if the references to sub-section 188(4), sub-section 206v(5) and section 236 were omitted.

Proof of certificates and other documents

79. Section 401 of the Principal Act is amended

(a) by inserting in sub-section (1) “and other documents” after “certificates”;

(b) by inserting in sub-section (2) “or other document” after “certificate”; and

(c) by inserting in sub-section (3) “or other document” after “certificate” (wherever occurring).

80. After Part X of the Principal Act the following Part is inserted:

“PART XaTONNAGE MEASUREMENT OF SHIPS

Interpretation

“405b. (1) In this Part, unless the contrary intention appears

‘Australian tonnage measurement certificate’ means a certificate issued under sub-paragraph 405f(a)(ii) or paragraph 405f(b);

‘International Tonnage Certificate (1969)’ means a certificate in the form of the International Tonnage Certificate (1969) set out in Annex II to the Tonnage Measurement Convention;

‘international voyage’ means a voyage

(a) from a port in Australia to a port outside Australia;

(b) to a port in Australia from a port outside Australia;

(c) from a port in a Tonnage Measurement Convention country to a port outside that country; or

(d) to a port in a Tonnage Measurement Convention country from a port outside that country;

‘ship to which the Tonnage Measurement Convention applies’ means a ship to which, in accordance with Articles 3 and 4 of the Tonnage Measurement Convention, that Convention applies;

‘survey authority’ has the same meaning as in Part IV;

‘Tonnage Measurement Convention’ means the International Convention on Tonnage Measurement of Ships, 1969 (a copy of the English text of the articles of which, and of the annexes to which, is set forth in Schedule 8), as affected by any amendment, other than an amendment not accepted by Australia, made under Article 18 of the Convention;

‘Tonnage Measurement Convention certificate’ means an International Tonnage Certificate (1969) issued under sub-paragraph 405f(a)(i);

‘Tonnage Measurement Convention country’ means a country or territory specified in a notice under section 405c.

“(2) For the purpose of determining whether a voyage is an international voyage

(a) account shall not be taken of a deviation by a ship from an intended voyage if the deviation is due only to stress of weather or any other circumstance that neither the master nor the owner of the ship could have prevented or forestalled; and

(b) a territory for which the United Nations are the administering authority, or for the international relations of which Australia or any other country is responsible, shall be deemed to be a separate country.

“(3) For the purposes of this Part an unregistered ship flying the flag of a country shall be deemed to be registered in that country.


 

“(4) Where a ship in the course of construction, or the construction of which has been completed, has not been registered and is not flying the flag of a country, but is intended to be registered in a particular country, the ship shall, for the purposes of this Part, be deemed to be registered in that country.

Declaration of countries to which the Tonnage Measurement Convention applies

“405c. The Minister may, by notice published in the Gazette, declare that, for the purposes of this Part, a country or territory, other than Australia, specified in the notice is a country or territory to which the Tonnage Measurement Convention applies.

Certificate by Minister as to amendments of Convention

“405d. The Minister may, by writing under his hand, certify that the amendments, other than amendments not accepted by Australia, by which the Tonnage Measurement Convention was affected as at such date as is specified in the certificate are set out in, or annexed to, the certificate, and such a certificate is, for all purposes, prima facie evidence of the matters so certified.

Tonnage measurement regulations

“405e. (1) The regulations may make provision for and in relation to giving effect to the Tonnage Measurement Convention and may, for any purpose specified in the regulations, otherwise make provision (not inconsistent with the Convention) for or in relation to the ascertainment of the tonnage of ships.

“(2) Any regulations that make provision for or in relation to giving effect to the Tonnage Measurement Convention may be expressed to apply to a ship, or a class of ships, that is not engaged on international voyages or to which the Convention otherwise does not apply, and may be expressed so as to apply with or without modifications specified in or to be determined under the regulations.

“(3) The Governor-General may, with respect to a provision of the Tonnage Measurement Convention the terms of which are such as to vest in the several governments who are parties to the Convention a discretion as to whether any, and, if any, as to what, action should be taken thereunder, make, by regulation, such provision (if any) as the Governor-General in the exercise of that discretion thinks appropriate.

“(4) Without limiting the generality of sub-section (1), regulations made for the purposes of that sub-section may empower the Minister to make orders with respect to any matter for or in relation to which provision may be made by the regulations by virtue of this section.

“(5) Section 426 applies to orders made in pursuance of regulations made by virtue of sub-section (4) of this section.

Issue of tonnage measurement certificates

“405f. Where the tonnage of a ship is measured under the regulations made for the purposes of section 405e, the Minister, or a survey authority authorized by the Minister, by instrument in writing, to issue certificates under this section, may issue in respect of the ship

(a) if the ship is registered in Australia and is a ship to which the Tonnage Measurement Convention applies or would be such a ship if it were engaged on international voyages

(i) an International Tonnage Certificate (1969); and

(ii) such other tonnage measurement certificates as the regulations provide should be issued in respect of the ship; or

(b) in any other case—such tonnage measurement certificates as the regulations provide should be issued in respect of the ship.

Extension and cancellation of certificates

“405g. (1) Provision may be made in the regulations for and in relation to—.

(a) the cancellation, in accordance with paragraph (1) of Article 10 of the Tonnage Measurement Convention, of a Tonnage Measurement Convention certificate; and

(b) the continuance in force, in accordance with paragraph (3) of Article 10 of the Tonnage Measurement Convention, of a Tonnage Measurement Convention certificate.

“(2) Subject to the regulations made by virtue of paragraph (1)(b), a Tonnage Measurement Convention certificate ceases to have effect if the ship in respect of which it was issued ceases to be registered in Australia.

“(3) The regulations may specify circumstances in which an Australian tonnage measurement certificate ceases to have effect and may make provision for and in relation to the extension or cancellation of an Australian tonnage measurement certificate.

“(4) Where a Tonnage Measurement Convention certificate or an Australian tonnage measurement certificate is cancelled

(a) the certificate is of no force or effect after the Minister has given notice in writing of the cancellation to the owner, agent or master of the ship in respect of which the certificate was issued; and

(b) the Minister may require the owner or master of the ship in respect of which the certificate was issued to deliver up the certificate to the Minister or to such other person as the Minister directs, and the ship may be detained until the requirement is complied with.

Tonnage Measurement Convention country may request Minister to issue certificate

“405h. (1) Upon receipt of a request by the government of a Tonnage Measurement Convention country for the issue of an International Tonnage Certificate (1969) in respect of a ship that is registered in that country and is a ship to which the Tonnage Measurement Convention applies, the Minister may

(a) cause the tonnage of the ship to be measured under the regulations made for the purposes of section 405e; and

(b) issue, or cause to be issued, an International Tonnage Certificate (1969) in respect of the ship.

“(2) A certificate issued under this section

(a) shall contain a statement to the effect that it has been issued at the request of the government of the country in which the ship is registered; and

(b) has effect, for the purposes of this Act, as if it had been issued by that government.

Minister may request Tonnage Measurement Convention country to issue certificate

“405j. (1) The Minister may request the government of a Tonnage Measurement Convention country to issue, or cause to be issued, in respect of a ship that is registered in Australia and is a ship to which the Tonnage Measurement Convention applies, an International Tonnage Certificate (1969).

“(2) A certificate issued in pursuance of such a request and containing a statement that it has been so issued has effect, for the purposes of this Act, as if it had been issued by the Minister under sub-paragraph 405f(a)(i).

Power of inspection of surveyors

“405k. (1) A surveyor may at any reasonable time go on board a ship that is at a port in Australia, being a ship that is registered in a Tonnage Measurement Convention country and is a ship to which the Tonnage Measurement Convention applies, and

(a) may require the production of the International Tonnage Certificate (1969) issued in respect of the ship; and

(b) may inspect the ship, or any part of the ship, for the purpose of verifying that the main characteristics of the ship correspond to the data given in the certificate.

“(2) A surveyor shall not, in exercising his powers under this section, unnecessarily detain or delay a ship from proceeding on a voyage.

“(3) A person shall not obstruct or hinder a surveyor in the exercise of his powers under this section and shall, unless he has reasonable excuse for failing to do so, comply with any requirement made by a surveyor under this section. Penalty: $500.

Appeal from refusal to issue certificate, &c.

“405l. (1) Where the issue of a certificate in respect of a ship under this Part is refused, the owner of the ship may appeal to a Court of Marine Inquiry.

“(2) Where a certificate is issued under this Part in respect of a ship and the owner of the ship is dissatisfied with the certificate, he may appeal to a Court of Marine Inquiry.

“(3) A Court of Marine Inquiry may, on the hearing of an appeal under this section, make such order as it thinks fit.

“(4) In this section, ‘this Part’ includes the regulations made for the purposes of this Part.

Register tonnage of non-Convention ships

“405m. (1) The amount of the register tonnage specified in the certificate of registry of a ship registered in a prescribed country, other than a ship to which the Tonnage Measurement Convention applies, shall be the register tonnage of the ship for the purposes of this Act.

“(2) The amount of the register tonnage of a ship, other than a ship registered in a prescribed country or a ship to which the Tonnage Measurement Convention applies, shall, for the purposes of this Act, be the register tonnage of the ship as determined in accordance with directions given by the Minister by instrument in writing in relation to the ship or the class of ships in which the ship is included.

Tonnage of non-Convention ships to be measured in certain cases

“405n. Where

(a) an unregistered ship, other than a ship to which the Tonnage Measurement Convention applies, enters a port in Australia; or

(b) a dispute arises as to the tonnage of a ship, other than a ship to which the Tonnage Measurement Convention applies,

the tonnage of the ship shall be measured under the regulations made for the purposes of section 405e.

Assignment of other tonnages to non-Convention ships

“405p. (1) Where, under the regulations made for the purposes of section 405e, there is assigned to a ship a gross tonnage and a register tonnage, instead of the gross tonnage and register tonnage ascertained in relation to the ship in accordance with the other provisions of those regulations, this Act applies in relation to the ship as if references in this Act to gross tonnage were references to the gross tonnage so assigned and references in this Act to register tonnage were references to the register tonnage so assigned.

“(2) Where, under the regulations made for the purposes of section 405e, there is assigned to a ship a gross tonnage and a register tonnage, as alternatives to the gross tonnage and register tonnage ascertained in relation to the ship in accordance with the other provisions of those regulations, the assignment of such a gross tonnage and register tonnage shall be disregarded for the purposes of this Act, without prejudice to its effect for the purposes of any other law.

“(3) This section does not apply to a ship to which the Tonnage Measurement Convention applies.”.

Amendments of Merchant Shipping Act in relation to tonnage

81. (1) Section 407a of the Principal Act is amended

(a) by omitting sub-sections (1) and (2); and

(b) by omitting from sub-section (3) “by virtue of sub-section (1) of this section” and substituting “for the purposes of section 405e”.

 

(2) Until the commencement of sub-section (1) of this section, section 407a of the Principal Act has effect as if the following sub-sections were inserted after sub-section (2):

“(2a) Where, under the regulations made by virtue of paragraph (2)(f), there is assigned to a ship a gross tonnage and a register tonnage, instead of the gross tonnage and register tonnage ascertained in relation to the ship in accordance with the other provisions of the tonnage regulations, this Act applies in relation to the ship as if references in this Act to gross tonnage were references to the gross tonnage so assigned and references in this Act to register tonnage were references to the register tonnage so assigned.

“(2b) Where, under the regulations made by virtue of paragraph (2)(f), there is assigned to a ship a gross tonnage and a register tonnage, as alternatives to the gross tonnage and register tonnage ascertained in relation to the ship in accordance with the other provisions of the tonnage regulations, the assignment of such a gross tonnage and register tonnage shall be disregarded for the purposes of this Act, without prejudice to its effect for the purposes of any other law.”.

Repeal of section 407b

82. (1) Section 407b of the Principal Act is repealed.


 

(2) If sub-section 4(3) comes into operation before the commencement of sub-section (1) of this section, section 407b of the Principal Act as amended by this Act has effect after the commencement of sub-section 4(3) and until the commencement of sub-section (1) of this section as if the references in sub-sections (1) and (3) to a Commonwealth country were references to a prescribed country.

Repeal of section 408

83. (1) Section 408 of the Principal Act is repealed.

(2) Until the commencement of sub-section (1) of this section, section 408 of the Principal Act has effect as if the reference in that section to “net tonnage” were a reference to “register tonnage”.

(3) If sub-section 4(3) comes into operation before the commencement of sub-section (1) of this section, section 408 of the Principal Act as amended by this Act has effect after the commencement of sub-section 4(3) and until the commencement of sub-section (1) of this section as if the reference in that section to a Commonwealth country were a reference to a prescribed country.

Repeal of section 409

84. Section 409 of the Principal Act is repealed.

Copy of Act to be kept on certain ships

85. Section 410 of the Principal Act is amended by omitting sub-section (2) and substituting the following sub-section:

“(2) In sub-section (1), ‘this Act’, except to the extent that the regulations provide otherwise, does not include regulations or orders made under this Act or in pursuance of the regulations.”.

Detention of ships

86. Section 414 of the Principal Act is amended by omitting from sub-section (2) “Two hundred dollars” and substituting “$5,000”.

Repeal of section 420

87. (1) Section 420 of the Principal Act is repealed.

(2) If sub-section 4(3) comes into operation before the commencement of sub-section (1) of this section, section 420 of the Principal Act as amended by this Act has effect after the commencement of sub-section 4(3) and until the commencement of sub-section (1) of this section as if the reference in sub-section (6) to a Commonwealth country other than Australia were a reference to a prescribed country.

Power to suspend provisions inconsistent with treaty or other international agreement

88. Section 422 of the Principal Act is amended—

(a) by omitting “made between that country and the United Kingdom” and substituting “or other international agreement to which that country and Australia are parties”; and

(b) by inserting “or other international agreement” after “the treaty”.

Marine Council and committees of advice

89. (1) Section 424 of the Principal Act is amended—

(a) by inserting after sub-section (8) the following sub-sections:

“(8a) The Chairman and other members of the Marine Council, the deputies of the Chairman and other members of the Marine Council, and the members of a committee of advice, shall be paid such remuneration as is determined by the Remuneration Tribunal.

“(8b) The Chairman and other members of the Marine Council, the deputies of the Chairman and other members of the Marine Council, and the members of a committee of advice, shall be paid such allowances as are prescribed.

“(8c) Sub-sections (8a) and (8b) have effect subject to the Remuneration Tribunals Act 1973.”;

(b) by adding at the end of paragraph (c) of sub-section (9) “and”;

(c) by omitting from paragraph (d) of sub-section (9) “and” (last occurring); and

(d) by omitting paragraph (e) of sub-section (9).

(2) Section 424 of the Principal Act is amended by omitting from sub-section (6) “sub-section 14(2) or 43(2) or”.


 

Regulations

90. Section 425 of the Principal Act is amended

(a) by omitting paragraph (f) and substituting the following paragraphs:

“(f) empowering the Minister to make orders for and in relation to

(i) the safe navigation and operation of ships;

(ii) the safety of persons, including pilots, going on or coming from, or on board, ships;

(iii) the protection of the health of persons on board ships;

(iv) the stability of ships;

(v) the construction, hull, equipment and machinery of ships;

(vi) the loading and unloading of ships; and

(vii) the stowing and carriage of cargo in ships;

“(fa) empowering the Minister to make orders with respect to any matter for or in relation to which provision may be made by the regulations under section 253a;”;

(b) by omitting paragraph (h) and substituting the following paragraphs:

“(h)   the imposition of penalties not exceeding a fine of $500 or imprisonment for a period of 3 months, or both, for a contravention of, or failure to comply with, a provision of the regulations or a notice, order, direction or instruction given, issued or made under or in force by virtue of the regulations;

“(ha) the manner in which notices, orders, directions, instructions or other documents under this Act may be given, served or notified; and”; and

(c) by adding at the end thereof the following sub-sections:

“(2) The power to make regulations and orders conferred by this Act, and the power to make orders in pursuance of the regulations, shall not be taken, by implication, not to include the power to make provision for or in relation to a matter by reason only of the fact that

(a) provision is made by this Act or the regulations, as the case may be, in relation to that matter or another matter; or

(b) power is expressly conferred by this Act or the regulations, as the case may be, to make provision by regulation or order for or in relation to another matter.

“(3) The power to make regulations and orders conferred by this Act, and the power to make orders in pursuance of the regulations, may be exercised

(a) in relation to all cases to which the power extends, or in relation to all those cases subject to specified exceptions, or in relation to any specified cases or classes of case; and

(b) so as to make, as respects the cases in relation to which it is exercised, the same provision for all those cases or a different provision for different cases or classes of case.

“(4) The power conferred by this Act to make modifications by regulation includes the power to omit any matter or add any new matter.

“(5) Where regulations made by virtue of paragraph (1)(f) or (fa) empower the Minister to make orders with respect to any matter, the orders may, except to the extent that the regulations provide otherwise or the operation of this sub-section is expressly excluded by a provision of this Act, make such provision with respect to that matter as could be made by regulation.

“(6) Section 49a of the Acts Interpretation Act 1901 applies in relation to the making of orders under this Act or in pursuance of the regulations in like manner as it applies in relation to the making of regulations.

“(7) Where, by virtue of section 49a of the Acts Interpretation Act 1901, the regulations, or orders made under this Act or in pursuance of the regulations, apply, adopt or incorporate all or any of the provisions of the code known as the Uniform Shipping Laws Code adopted for the time being by the conference of Commonwealth and State Ministers known as the Marine and Ports Council of Australia, the regulations may make provision for and in relation to authorizing the Minister to exempt, conditionally or unconditionally, ships or classes of ships from the application of any or all of those provisions.


 

“(8) Section 426 applies to orders made in pursuance of regulations made by virtue of paragraph (1)(f) or (fa) of this section.”.

91. After section 425 of the Principal Act the following sections are inserted:

Orders may be disallowed, &c.

“426. (1) Sections 48, 49 and 50 of the Acts Interpretation Act 1901 apply in relation to orders to which this section applies as if references in those sections to regulations were references to such orders and references in those sections to an Act included a reference to regulations.

“(2) An order to which this section applies shall not be deemed to be a statutory rule within the meaning of the Statutory Rules Publication Act 1903, but sub-sections 5(3) to (3c) (inclusive) of that Act apply in relation to such orders in like manner as they apply in relation to statutory rules.

Orders by Minister as to Uniform Shipping Laws Code

“427. (1) In this section—

‘Code’ means the code known as the Uniform Shipping Laws Code adopted by the Council;

‘Council’ means the conference of Commonwealth and State Ministers known as the Marine and Ports Council of Australia.

“(2) The Minister may, by order published in the Gazette, declare

(a) that the provisions annexed to the order are provisions, or are the provisions, of the Code as in existence on a specified date; or

(b) that specified provisions of the Code as in existence on a specified date have been varied by the Council on a specified date and that the variations annexed to the order are the variations so made by the Council.

“(3) An order under sub-section (2) is, for all purposes, prima facie evidence of the matters declared in the order.”.

Repeal of Schedules Ia and IIa

92. (1) Schedules Ia and IIa to the Principal Act (as renumbered by virtue of section 100) are repealed.

(2) Section 204 of the Navigation Act 1958 is repealed.

Schedules 1 and 2

93. Schedule 1 to the Principal Act (as renumbered by virtue of section 100) is repealed and the Schedules set out in Schedule 3 to this Act are substituted.

Schedule 3

94. Before Schedule 4 to the Principal Act (as renumbered by virtue of section 100) the Schedule set out in Schedule 1 to this Act is inserted.

Schedule 5

95. After Schedule 4 to the Principal Act (as renumbered by virtue of section 100) the Schedule set out in Schedule 4 to this Act is inserted.

Schedule 6

96. Before Schedule 7 to the Principal Act (as renumbered by virtue of section 100) the Schedule set out in Schedule 2 to this Act is inserted.

Schedule 8

97. After Schedule 7 to the Principal Act (as renumbered by virtue of section 100) the Schedule set out in Schedule 5 to this Act is inserted.

Corrections of Load Line Convention

98. For the purposes of the Procès-Verbal of Rectification dated 5 May 1969, Schedule 4 to the Principal Act (as renumbered by virtue of section 100) is amended as set out in Schedule 6 to this Act.

Amendments in relation to tonnage

99. The Principal Act is amended as set out in Schedule 7.


Formal and other minor amendments

100. The Principal Act is amended as set out in Schedule 8.

Amendments in relation to prescribed country

101. The Principal Act is amended as set out in Schedule 9.

Amendments consequential on increase in general penalty for offences

102. The Principal Act is amended as set out in Schedule 10.

PART III—MISCELLANEOUS

Interpretation

103. In this Part, “Merchant Shipping Act” means the Imperial Act known as the Merchant Shipping Act, 1894, as amended, or otherwise affected in its operation, by the provisions of any other Imperial Act or of any Act, in so far as that Act as so amended, or otherwise affected in its operation, is part of the law of the Commonwealth.

Limitation of shipowners’ liability

104. (1) In this section, “Convention” means the International Convention relating to the limitation of the liability of owners of seagoing ships signed at Brussels on 10 October 1957.

(2) Approval is given to the ratification by Australia of the Convention subject to a reservation, in pursuance of sub-paragraph 2(a) of the Protocol of Signature to the Convention, excluding the application of sub-paragraph (1)(c) of Article 1 of the Convention.

(3) Part VIII of the Merchant Shipping Act is repealed.

(4) The right of a shipowner to limit his liability in respect of a claim arising out of an occurrence that took place before the commencement of this sub-section is not affected by the repeal of Part VIII of the Merchant Shipping Act effected by sub-section (3) of this section and the amendments of the Principal Act made by section 16, sub-section 65(1) and section 96 of this Act.

(5) In sub-section (4), “occurrence” means an occurrence of a kind specified in sub-paragraph (1)(a) or (b) of Article 1 of the Convention.

Container Convention

105. Approval is given to the ratification by Australia of the International Convention for Safe Containers.

Repeal of certain provisions of Merchant Shipping Act

106. Sections 221 to 224 (inclusive) of the Merchant Shipping Act are repealed.

Saving of regulations

107. Regulations (other than regulations referred to in section 111) made, or purporting to be made, under, by virtue of or for the purposes of a provision of the Principal Act and in force, or purporting to have been in force, immediately before the date of commencement of a provision of this Act that amends, or repeals and re-enacts (with or without modifications), that provision of that Act are, on and after that date, as valid and effectual, mutatis mutandis, as if they had been made under the Principal Act as amended by this Act.

Transitional provision in relation to prescribed countries

108. Until regulations are made, for the purposes of a provision of the Principal Act as amended by this Act in which the expression “prescribed country” appears, prescribing a country or countries for the purposes of that provision, a reference in that provision, or deemed by this Act to be in that provision, to a prescribed country shall be read as a reference to a country that, immediately before the commencement of sub-section 4(3), is a Commonwealth country for the purposes of that Act as so amended and as including a reference to

(a) a colony, overseas territory or protectorate of such a country; and

(b) a territory for the international relations of which such a country is responsible.


 

Transitional provisions in relation to complement of ships

109. (1) Notwithstanding the repeal by this Act of sections 14 and 43 of, and Schedules I and II to, the Principal Act as amended by this Act, the provisions of those sections and Schedules, of regulations made for the purposes of those sections, and of orders made under those sections, to the extent that those provisions require a ship, or each ship included in a class of ships, to carry a particular complement of officers (including a master) and a particular complement of seamen, continue in force, mutatis mutandis, after that repeal as if they were the provisions of orders made under sub-section 14(1) of the Principal Act as amended by sub-section 8(1) of this Act, and may be varied or revoked by orders so made.

(2) On and after the repeal by this Act of Division 3 of Part II of the Principal Act as amended by this Act, the provisions continued in force by sub-section (1) have effect as if references in those provisions to duly certificated masters, to duly certificated officers and to other members of the crew (however described) were references to qualified masters, to qualified officers and to qualified seamen, respectively.

Transitional provisions in relation to the Safety Convention

110. (1) Certificates issued under Division 2b of Part IV of the Principal Act and in force immediately before the date of commencement of this section are, on and after that date, as valid and effectual as if they had been issued under the Principal Act as amended by this Act.

(2) If, immediately before the commencement of this section, a country fell within the definition of “country to which the Safety Convention applies” in sub-section 187a(1) of the Principal Act as amended by this Act and, immediately after the commencement of this section, that country does not fall within that definition, then, until that country falls within that definition, the provisions of the Principal Act as amended by this Act, and the regulations in force under that Act, apply in relation to ships registered in that country as if the amendments of the Principal Act effected by sub-section 32(3) and sections 33, 34, 35, 37, 44 and 93 of this Act had not been made.

(3) The Minister may, by notice published in the Gazette, declare that a country, other than Australia, specified in the notice is a country to which the Safety Convention, within the meaning of the Principal Act as amended by this Act, applies, but is not a country to which the Protocol of 1978 relating to the Safety Convention, within the meaning of that Act as so amended, applies.

(4) The Minister may, by notice published in the Gazette, provide that the Principal Act as amended by this Act, and the regulations and orders in force under that Act as so amended, apply with specified modifications to ships registered in a country specified in a notice under sub-section (3).

Transitional provision in relation to tonnage measurement

111. Regulations made for the purposes of section 407a of the Principal Act as amended by this Act and in force immediately before the date of commencement of this section continue in force on and after that date, subject to any amendment or repeal, as if they had been made for the purposes of section 405e of that Act as so amended.

SCHEDULE 1                                                      Section 94

SCHEDULE TO BE INSERTED IN PRINCIPAL ACT BY THIS ACT

“SCHEDULE 3                                   Sub-section 187a(1)

CONVENTION ON THE INTERNATIONAL REGULATIONS FOR PREVENTING COLLISIONS AT SEA, 1972

ARTICLE I

General Obligations

The Parties to the present Convention undertake to give effect to the Rules and other Annexes constituting the International Regulations for Preventing Collisions at Sea, 1972, (hereinafter referred to as “the Regulations”) attached hereto.


 

ARTICLE II

Signature, Ratification, Acceptance, Approval and Accession

1. The present Convention shall remain open for signature until 1 June 1973 and shall thereafter remain open for accession.

2. States Members of the United Nations, or of any of the Specialized Agencies, or the International Atomic Energy Agency, or Parties to the Statute of the International Court of Justice may become Parties to this Convention by:

(a) signature without reservation as to ratification, acceptance or approval;

(b) signature subject to ratification, acceptance or approval followed by ratification, acceptance or approval; or

(c) accession.


SCHEDULE 1—continued

“SCHEDULE 3—continued

3. Ratification, acceptance, approval or accession shall be effected by the deposit of an instrument to that effect with the Inter-Governmental Maritime Consultative Organization (hereinafter referred to as “the Organization “) which shall inform the Governments of States that have signed or acceded to the present Convention of the deposit of each instrument and of the date of its deposit.

ARTICLE III

Territorial Application

1. The United Nations in cases where they are the administering authority for a territory or any Contracting Party responsible for the international relations of a territory may at any time by notification in writing to the Secretary-General of the Organization (hereinafter referred to as “the Secretary-General”), extend the application of this Convention to such a territory.

2. The present Convention shall, upon the date of receipt of the notification or from such other date as may be specified in the notification, extend to the territory named therein.

3. Any notification made in accordance with paragraph 1 of this Article may be withdrawn in respect of any territory mentioned in that notification and the extension of this Convention to that territory shall cease to apply after one year or such longer period as may be specified at the time of the withdrawal.

4. The Secretary-General shall inform all Contracting Parties of the notification of any extension or withdrawal of any extension communicated under this Article.

ARTICLE IV

Entry into force

1. (a) The present Convention shall enter into force twelve months after the date on which at least 15 States, the aggregate of whose merchant fleets constitutes not less than 65 per cent by number or by tonnage of the world fleet of vessels of 100 gross tons and over have become Parties to it, whichever is achieved first.

(b) Notwithstanding the provisions in sub-paragraph (a) of this paragraph, the present Convention shall not enter into force before 1 January 1976.

2. Entry into force for States which ratify, accept, approve or accede to this Convention in accordance with Article II after the conditions prescribed in sub-paragraph 1(a) have been met and before the Convention enters into force, shall be on the date of entry into force of the Convention.

3. Entry into force for States which ratify, accept, approve or accede after the date on which this Convention enters into force, shall be on the date of deposit of an instrument in accordance with Article II.

4. After the date of entry into force of an amendment to this Convention in accordance with paragraph 4 of Article VI, any ratification, acceptance, approval or accession shall apply to the Convention as amended.

5. On the date of entry into force of this Convention, the Regulations replace and abrogate the International Regulations for Preventing Collisions at Sea, 1960.

6. The Secretary-General shall inform the Governments of States that have signed or acceded to this Convention of the date of its entry into force.

ARTICLE V

Revision Conference

1. A Conference for the purpose of revising this Convention or the Regulations or both may be convened by the Organization.

2. The Organization shall convene a Conference of Contracting Parties for the purpose of revising this Convention or the Regulations or both at the request of not less than one-third of the Contracting Parties.


SCHEDULE 1—continued

“SCHEDULE 3continued

ARTICLE VI

Amendments to the Regulations

1.      Any amendment to the Regulations proposed by a Contracting Party shall be considered in the Organization at the request of that Party.

 

2. If adopted by a two-thirds majority of those present and voting in the Maritime Safety Committee of the Organization, such amendment shall be communicated to all Contracting Parties and Members of the Organization at least six months prior to its consideration by the Assembly of the Organization. Any Contracting Party which is not a Member of the Organization shall be entitled to participate when the amendment is considered by the Assembly.

3. If adopted by a two-thirds majority of those present and voting in the Assembly, the amendment shall be communicated by the Secretary-General to all Contracting Parties for their acceptance.

4. Such an amendment shall enter into force on a date to be determined by the Assembly at the time of its adoption unless, by a prior date determined by the Assembly at the same time, more than one-third of the Contracting Parties notify the Organization of their objection to the amendment. Determination by the Assembly of the dates referred to in this paragraph shall be by a two-thirds majority of those present and voting.

5. On entry into force any amendment shall, for all Contracting Parties which have not objected to the amendment, replace and supersede any previous provision to which the amendment refers.

6. The Secretary-General shall inform all Contracting Parties and Members of the Organization of any request and communication under this Article and the date on which any amendment enters into force.

ARTICLE VII

Denunciation

1. The present Convention may be denounced by a Contracting Party at any time after the expiry of five years from the date on which the Convention entered into force for that Party.

2. Denunciation shall be effected by the deposit of an instrument with the Organization. The Secretary-General shall inform all other Contracting Parties of the receipt of the instrument of denunciation and of the date of its deposit.

 

3. A denunciation shall take effect one year, or such longer period as may be specified in the instrument, after its deposit.

ARTICLE VIII

Deposit and Registration

1. The present Convention and the Regulations shall be deposited with the Organization, and the Secretary-General shall transmit certified true copies thereof to all Governments of States that have signed this Convention or acceded to it.

 

2. When the present Convention enters into force, the text shall be transmitted by the Secretary-General to the Secretariat of the United Nations for registration and publication in accordance with Article 102 of the Charter of the United Nations.

ARTICLE IX

Languages

The present Convention is established, together with the Regulations, in a single copy in the English and French languages, both texts being equally authentic. Official translations in the Russian and Spanish languages shall be prepared and deposited with the signed original.


SCHEDULE 1—continued

“SCHEDULE 3—continued

INTERNATIONAL REGULATIONS FOR PREVENTING COLLISIONS AT SEA, 1972

PART A—GENERAL

RULE 1

Application

(a) These Rules shall apply to all vessels upon the high seas and in all waters connected therewith navigable by seagoing vessels.

(b) Nothing in these Rules shall interfere with the operation of special rules made by an appropriate authority for roadsteads, harbours, rivers, lakes or inland waterways connected with the high seas and navigable by seagoing vessels. Such special rules shall conform as closely as possible to these Rules.

(c) Nothing in these Rules shall interfere with the operation of any special rules made by the Government of any State with respect to additional station or signal lights or whistle signals for ships of war and vessels proceeding under convoy, or with respect to additional station or signal lights for fishing vessels engaged in fishing as a fleet. These additional station or signal lights or whistle signals shall, so far as possible, be such that they cannot be mistaken for any light or signal authorized elsewhere under these Rules.

(d) Traffic separation schemes may be adopted by the Organization for the purpose of these Rules.

(e) Whenever the Government concerned shall have determined that a vessel of special construction or purpose cannot comply fully with the provisions of any of these Rules with respect to the number, position, range or arc of visibility of lights or shapes, as well as to the disposition and characteristics of sound-signalling appliances, without interfering with the special function of the vessel, such vessel shall comply with such other provisions in regard to the number, position, range or arc of visibility of lights or shapes, as well as to the disposition and characteristics of sound-signalling appliances, as her Government shall have determined to be the closest possible compliance with these Rules in respect to that vessel.

RULE 2

Responsibility

(a) Nothing in these Rules shall exonerate any vessel, or the owner, master or crew thereof, from the consequences of any neglect to comply with these rules or of the neglect of any precaution which may be required by the ordinary practice of seamen, or by the special circumstances of the case.

(b) In construing and complying with these Rules due regard shall be had to all dangers of navigation and collision and to any special circumstances, including the limitations of the vessels involved, which may make a departure from these Rules necessary to avoid immediate danger.

RULE 3

General Definitions

For the purpose of these Rules, except where the context otherwise requires:

(a) The word “vessel” includes every description of water craft, including non-displacement craft and seaplanes, used or capable of being used as a means of transportation on water.

(b) The term “power-driven vessel” means any vessel propelled by machinery.

(c) The term “sailing vessel” means any vessel under sail provided that propelling machinery, if fitted, is not being used.

(d) The term “vessel engaged in fishing” means any vessel fishing with nets, lines, trawls or other fishing apparatus which restrict manoeuvrability, but does not include a vessel fishing with trolling lines or other fishing apparatus which do not restrict manoeuvrability.


SCHEDULE 1—continued

“SCHEDULE 3—continued

(e) The word “seaplane” includes any aircraft designed to manoeuvre on the water.

(f) The term “vessel not under command” means a vessel which through some exceptional circumstance is unable to manoeuvre as required by these Rules and is therefore unable to keep out of the way of another vessel.

(g) The term “vessel restricted in her ability to manoeuvre” means a vessel which from the nature of her work is restricted in her ability to manoeuvre as required by these Rules and is therefore unable to keep out of the way of another vessel.

The following vessels shall be regarded as vessels restricted in their ability to manoeuvre:

(i) a vessel engaged in laying, servicing or picking up a navigation mark, submarine cable or pipeline;

(ii) a vessel engaged in dredging, surveying or underwater operations;

(iii) a vessel engaged in replenishment or transferring persons, provisions or cargo while underway;

(iv) a vessel engaged in the launching or recovery of aircraft;

(v) a vessel engaged in minesweeping operations;

(vi) a vessel engaged in a towing operation such as severely restricts the towing vessel and her tow in their ability to deviate from their course.

(h) The term “vessel constrained by her draught” means a power-driven vessel which because of her draught in relation to the available depth of water is severely restricted in her ability to deviate from the course she is following.

(i) The word “underway” means that a vessel is not at anchor, or made fast to the shore, or aground.

(j) The words “length” and “breadth” of a vessel mean her length overall and greatest breadth.

(k) Vessels shall be deemed to be in sight of one another only when one can be observed visually from the other.

(l) The term “restricted visibility” means any condition in which visibility is restricted by fog, mist, falling snow, heavy rainstorms, sandstorms or any other similar causes.

PART B—STEERING AND SAILING RULES

SECTION 1—CONDUCT OF VESSELS IN ANY CONDITION OF VISIBILITY

RULE 4

Application

Rules in this Section apply in any condition of visibility.

RULE 5

Look-out

Every vessel shall at all times maintain a proper look-out by sight and hearing as well as by all available means appropriate in the prevailing circumstances and conditions so as to make a full appraisal of the situation and of the risk of collision.

RULE 6

Safe speed

Every vessel shall at all times proceed at a safe speed so that she can take proper and effective action to avoid collision and be stopped within a distance appropriate to the prevailing circumstances and conditions.


SCHEDULE 1—continued

“SCHEDULE 3—continued

In determining a safe speed the following factors shall be among those taken into account:

(a) By all vessels:

(i) the state of visibility;

(ii) the traffic density including concentrations of fishing vessels or any other vessels;

(iii) the manoeuvrability of the vessel with special reference to stopping distance and turning ability in the prevailing conditions;

(iv) at night the presence of background light such as from shore lights or from back scatter of her own lights;

(v) the state of wind, sea and current, and the proximity of navigational hazards;

(vi) the draught in relation to the available depth of water.

(b) Additionally, by vessels with operational radar:

(i) the characteristics, efficiency and limitations of the radar equipment;

(ii) any constraints imposed by the radar range scale in use;

(iii) the effect on radar detection of the sea state, weather and other sources of interference;

(iv) the possibility that small vessels, ice and other floating objects may not be detected by radar at an adequate range;

(v) the number, location and movement of vessels detected by radar;

(vi) the more exact assessment of the visibility that may be possible when radar is used to determine the range of vessels or other objects in the vicinity.

RULE 7

Risk of Collision

(a) Every vessel shall use all available means appropriate to the prevailing circumstances and conditions to determine if risk of collision exists. If there is any doubt such risk shall be deemed to exist.

(b) Proper use shall be made of radar equipment if fitted and operational, including long-range scanning to obtain early warning of risk of collision and radar plotting or equivalent systematic observation of detected objects.

(c) Assumptions shall not be made on the basis of scanty information, especially scanty radar information.

(d) In determining if risk of collision exists the following considerations shall be among those taken into account:

(i) such risk shall be deemed to exist if the compass bearing of an approaching vessel does not appreciably change;

(ii) such risk may sometimes exist even when an appreciable bearing change is evident, particularly when approaching a very large vessel or a tow or when approaching a vessel at close range.

RULE 8

Action to avoid collision

(a) Any action taken to avoid collision shall, if the circumstances of the case admit, be positive, made in ample time and with due regard to the observance of good seamanship.

(b) Any alteration of course and/or speed to avoid collision shall, if the circumstances of the case admit, be large enough to be readily apparent to another vessel observing visually or by radar; a succession of small alterations of course and/or speed should be avoided.

(c) If there is sufficient sea room, alteration of course alone may be the most effective action to avoid a close-quarters situation provided that it is made in good time, is substantial and does not result in another close-quarters situation.


SCHEDULE 1—continued

“SCHEDULE 3—continued

(d) Action taken to avoid collision with another vessel shall be such as to result in passing at a safe distance. The effectiveness of the action shall be carefully checked until the other vessel is finally past and clear.

(e) If necessary to avoid collision or allow more time to assess the situation, a vessel shall slacken her speed or take all way off by stopping or reversing her means of propulsion.

RULE 9

Narrow channels

(a) A vessel proceeding along the course of a narrow channel or fairway shall keep as near to the outer limit of the channel or fairway which lies on her starboard side as is safe and practicable.

(b) A vessel of less than 20 metres in length or a sailing vessel shall not impede the passage of a vessel which can safely navigate only within a narrow channel or fairway.

(c) A vessel engaged in fishing shall not impede the passage of any other vessel navigating within a narrow channel or fairway.

(d) A vessel shall not cross a narrow channel or fairway if such crossing impedes the passage of a vessel which can safely navigate only within such channel or fairway. The latter vessel may use the sound signal prescribed in Rule 34(d) if in doubt as to the intention of the crossing vessel.

(e) (i) In a narrow channel or fairway when overtaking can take place only if the vessel to be overtaken has to take action to permit safe passing, the vessel intending to overtake shall indicate her intention by sounding the appropriate signal prescribed in Rule 34(c)(i). The vessel to be overtaken shall, if in agreement, sound the appropriate signal prescribed in Rule 34(c)(ii) and take steps to permit safe passing. If in doubt she may sound the signals prescribed in Rule 34(d).

(ii) This Rule does not relieve the overtaking vessel of her obligation under Rule 13.

(f) A vessel nearing a bend or an area of a narrow channel or fairway where other vessels may be obscured by an intervening obstruction shall navigate with particular alertness and caution and shall sound the appropriate signal prescribed in Rule 34 (e).

(g) Any vessel shall, if the circumstances of the case admit, avoid anchoring in a narrow channel.

RULE 10

Traffic separation schemes

(a) This Rule applies to traffic separation schemes adopted by the Organization.

(b) A vessel using a traffic separation scheme shall:

(i) proceed in the appropriate traffic lane in the general direction of traffic flow for that lane;

(ii) so far as practicable keep clear of a traffic separation line or separation zone;

(iii) normally join or leave a traffic lane at the termination of the lane, but when joining or leaving from the side shall do so at as small an angle to the general direction of traffic flow as practicable.

(c) A vessel shall so far as practicable avoid crossing traffic lanes, but if obliged to do so shall cross as nearly as practicable at right angles to the general direction of traffic flow.

(d) Inshore traffic zones shall not normally be used by through traffic which can safely use the appropriate traffic lane within the adjacent traffic separation scheme.

(e) A vessel, other than a crossing vessel, shall not normally enter a separation zone or cross a separation line except:

(i) in cases of emergency to avoid immediate danger;

(ii) to engage in fishing within a separation zone.

(f) A vessel navigating in areas near the terminations of traffic separation schemes shall do so with particular caution.


SCHEDULE 1—continued

“SCHEDULE 3—continued

(g) A vessel shall so far as practicable avoid anchoring in a traffic separation scheme or in areas near its terminations.

(h) A vessel not using a traffic separation scheme shall avoid it by as wide a margin as is practicable.

(i) A vessel engaged in fishing shall not impede the passage of any vessel following a traffic lane.

(j) A vessel of less than 20 metres in length or a sailing vessel shall not impede the safe passage of a power-driven vessel following a traffic lane.

SECTION II—CONDUCT OF VESSELS IN SIGHT OF ONE ANOTHER

RULE 11

Application

Rules in this Section apply to vessels in sight of one another.

 

RULE 12

Sailing vessels

(a) When two sailing vessels are approaching one another, so as to involve risk of collision, one of them shall keep out of the way of the other as follows:

(i) when each has the wind on a different side, the vessel which has the wind on the port side shall keep out of the way of the other;

(ii) when both have the wind on the same side, the vessel which is to windward shall keep out of the way of the vessel which is to leeward;

(iii) if a vessel with the wind on the port side sees a vessel to windward and cannot determine with certainty whether the other vessel has the wind on the port or on the starboard side, she shall keep out of the way of the other.

(b) For the purposes of this Rule the windward side shall be deemed to be the side opposite to that on which the mainsail is carried or, in the case of a square-rigged vessel, the side opposite to that on which the largest fore-and-aft sail is carried.

RULE 13

Overtaking

(a) Notwithstanding anything contained in the Rules of this Section any vessel overtaking any other shall keep out of the way of the vessel being overtaken.

(b) A vessel shall be deemed to be overtaking when coming up with another vessel from a direction more than 22.5 degrees abaft her beam, that is, in such a position with reference to the vessel she is overtaking, that at night she would be able to see only the sternlight of that vessel but neither of her sidelights.

(c) When a vessel is in any doubt as to whether she is overtaking another, she shall assume that this is the case and act accordingly.

(d) Any sub-sequent alteration of the bearing between the two vessels shall not make the overtaking vessel a crossing vessel within the meaning of these Rules or relieve her of the duty of keeping clear of the overtaken vessel until she is finally past and clear.

RULE 14

Head-on situation

(a) When two power-driven vessels are meeting on reciprocal or nearly reciprocal courses so as to involve risk of collision each shall alter her course to starboard so that each shall pass on the port side of the other.

(b) Such a situation shall be deemed to exist when a vessel sees the other ahead or nearly ahead and by night she could see the masthead lights of the other in a line or nearly in a line and/or both sidelights and by day she observes the corresponding aspect of the other vessel.


SCHEDULE 1—continued

“SCHEDULE 3—continued

(c) When a vessel is in any doubt as to whether such a situation exists she shall assume that it does exist and act accordingly.

RULE 15

Crossing Situation

When two power-driven vessels are crossing so as to involve risk of collision, the vessel which has the other on her own starboard side shall keep out of the way and shall, if the circumstances of the case admit, avoid crossing ahead of the other vessel.

RULE 16

Action by give-way vessel

Every vessel which is directed to keep out of the way of another vessel shall, so far as possible, take early and substantial action to keep well clear.

 

RULE 17

Action by stand-on vessel

(a) (i) Where one of two vessels is to keep out of the way the other shall keep her course and speed.

(ii) The latter vessel may however take action to avoid collision by her manoeuvre alone, as soon as it becomes apparent to her that the vessel required to keep out of the way is not taking appropriate action in compliance with these Rules.

(b) When, from any cause, the vessel required to keep her course and speed finds herself so close that collision cannot be avoided by the action of the give-way vessel alone, she shall take such action as will best aid to avoid collision.

(c) A power-driven vessel which takes action in a crossing situation in accordance with sub-paragraph (a) (ii) of this Rule to avoid collision with another power-driven vessel shall, if the circumstances of the case admit, not alter course to port for a vessel on her own port side.

(d) This Rule does not relieve the give-way vessel of her obligation to keep out of the way.

 

RULE 18

Responsibilities between vessels

Except where Rules 9, 10 and 13 otherwise require:

(a) A power-driven vessel underway shall keep out of the way of:

(i) a vessel not under command;

(ii) a vessel restricted in her ability to manoeuvre;

(iii) a vessel engaged in fishing;

(iv) a sailing vessel.

(b) A sailing vessel underway shall keep out of the way of:

(i) a vessel not under command;

(ii) a vessel restricted in her ability to manoeuvre;

(iii) a vessel engaged in fishing.

(c) A vessel engaged in fishing when underway shall, so far as possible, keep out of the way of:

(i) a vessel not under command;

(ii) a vessel restricted in her ability to manoeuvre.


SCHEDULE 1—continued

“SCHEDULE 3continued

(d) (i) Any vessel other than a vessel not under command or a vessel restricted in her ability to manoeuvre shall, if the circumstances of the case admit, avoid impeding the safe passage of a vessel constrained by her draught, exhibiting the signals in Rule 28.

(ii) A vessel constrained by her draught shall navigate with particular caution having full regard to her special condition.

(e) A seaplane on the water shall, in general, keep well clear of all vessels and avoid impeding their navigation. In circumstances, however, where risk of collision exists, she shall comply with the Rules of this Part.

SECTION III—CONDUCT OF VESSELS IN RESTRICTED VISIBILITY

RULE 19

Conduct of vessels in restricted visibility

(a) This Rule applies to vessels not in sight of one another when navigating in or near an area of restricted visibility.

(b) Every vessel shall proceed at a safe speed adapted to the prevailing circumstances and conditions of restricted visibility. A power-driven vessel shall have her engines ready for immediate manoeuvre.

(c) Every vessel shall have due regard to the prevailing circumstances and conditions of restricted visibility when complying with the Rules of Section I of this Part.

(d) A vessel which detects by radar alone the presence of another vessel shall determine if a close-quarters situation is developing and/or risk of collision exists. If so, she shall take avoiding action in ample time, provided that when such action consists of an alteration of course, so far as possible the following shall be avoided:

(i) an alteration of course to port for a vessel forward of the beam, other than for a vessel being overtaken;

(ii) an alteration of course towards a vessel abeam or abaft the beam.

(e) Except where it has been determined that a risk of collision does not exist, every vessel which hears apparently forward of her beam the fog signal of another vessel, or which cannot avoid a close-quarters situation with another vessel forward of her beam, shall reduce her speed to the minimum at which she can be kept on her course. She shall if necessary take all her way off and in any event navigate with extreme caution until danger of collision is over.

 

PART C—LIGHTS AND SHAPES

 

RULE 20

 

Application

(a) Rules in this Part shall be complied with in all weathers.

(b) The Rules concerning lights shall be complied with from sunset to sunrise, and during such times no other lights shall be exhibited, except such lights as cannot be mistaken for the lights specified in these Rules or do not impair their visibility or distinctive character, or interfere with the keeping of a proper look-out.

(c) The lights prescribed by these Rules shall, if carried, also be exhibited from sunrise to sunset in restricted visibility and may be exhibited in all other circumstances when it is deemed necessary.

(d) The Rules concerning shapes shall be complied with by day.

(e) The lights and shapes specified in these Rules shall comply with the provisions of Annex I to these Regulations.


SCHEDULE 1—continued

“SCHEDULE 3—continued

RULE 21

Definitions

(a) “Masthead light” means a white light placed over the fore and aft centreline of the vessel showing an unbroken light over an arc of the horizon of 225 degrees and so fixed as to show the light from right ahead to 22.5 degrees abaft the beam on either side of the vessel.

(b) “Sidelights” means a green light on the starboard side and a red light on the port side each showing an unbroken light over an arc of the horizon of 112.5 degrees and so fixed as to show the light from right ahead to 22.5 degrees abaft the beam on its respective side. In a vessel of less than 20 metres in length the sidelights may be combined in one lantern carried on the fore and aft centreline of the vessel.

(c) “Sternlight” means a white light placed as nearly as practicable at the stern showing an unbroken light over an arc of the horizon of 135 degrees and so fixed as to show the light 67.5 degrees from right aft on each side of the vessel.

(d) “Towing light” means a yellow light having the same characteristics as the “sternlight” defined in paragraph (c) of this Rule.

(e) “All-round light” means a light showing an unbroken light over an arc of the horizon of 360 degrees.

(f) “Flashing light” means a light flashing at regular intervals at a frequency of 120 flashes or more per minute.

RULE 22

Visibility of Lights

The lights prescribed in these Rules shall have an intensity as specified in Section 8 of Annex I to these Regulations so as to be visible at the following minimum ranges:

(a) In vessels of 50 metres or more in length:

—a masthead light, 6 miles;

—a sidelight, 3 miles;

—a sternlight, 3 miles;

—a towing light, 3 miles;

—a white, red, green or yellow all-round light, 3 miles.

(b) In vessels of 12 metres or more in length but less than 50 metres in length:

—a masthead light, 5 miles; except that where the length of the vessel is less than 20 metres, 3 miles;

—a sidelight, 2 miles;

—a sternlight, 2 miles;

—a towing light, 2 miles;

—a white, red, green or yellow all-round light, 2 miles.

(c) In vessels of less than 12 metres in length:

—a masthead light, 2 miles;

—a sidelight, 1 mile;

—a sternlight, 2 miles;

—a towing light, 2 miles;

—a white, red, green or yellow all-round light, 2 miles.


SCHEDULE 1—continued

“SCHEDULE 3—continued

RULE 23

Power-driven vessels underway

(a) A power-driven vessel underway shall exhibit:

(i) a masthead light forward;

(ii) a second masthead light abaft of and higher than the forward one; except that a vessel of less than 50 metres in length shall not be obliged to exhibit such light but may do so;

(iii) sidelights;

(iv) a sternlight.

(b) An air-cushion vessel when operating in the non-displacement mode shall, in addition to the lights prescribed in paragraph (a) of this Rule, exhibit an all-round flashing yellow light.

(c) A power-driven vessel of less than 7 metres in length and whose maximum speed does not exceed 7 knots may, in lieu of the lights prescribed in paragraph (a) of this Rule, exhibit an all-round white light. Such vessel shall, if practicable, also exhibit sidelights.

 

RULE 24

Towing and pushing

(a) A power-driven vessel when towing shall exhibit:

(i) instead of the light prescribed in Rule 23(a)(i), two masthead lights forward in a vertical line. When the length of the tow, measuring from the stern of the towing vessel to the after end of the tow exceeds 200 metres, three such lights in a vertical line;

(ii) sidelights;

(iii) a sternlight;

(iv) a towing light in a vertical line above the sternlight;

(v) when the length of the tow exceeds 200 metres, a diamond shape where it can best be seen.

(b) When a pushing vessel and a vessel being pushed ahead are rigidly connected in a composite unit they shall be regarded as a power-driven vessel and exhibit the lights prescribed in Rule 23.

(c) A power-driven vessel when pushing ahead or towing alongside, except in the case of a composite unit, shall exhibit:

(i) instead of the light prescribed in Rule 23(a)(i), two masthead lights forward in a vertical line;

(ii) sidelights;

(iii) a sternlight.

(d) A power-driven vessel to which paragraphs (a) and (c) of this Rule apply shall also comply with Rule 23(a)(ii).

(e) A vessel or object being towed shall exhibit:

(i) sidelights;

(ii) a sternlight;

(iii) when the length of the tow exceeds 200 metres, a diamond shape where it can best be seen.

(f) Provided that any number of vessels being towed alongside or pushed in a group shall be lighted as one vessel,

(i) a vessel being pushed ahead, not being part of a composite unit, shall exhibit at the forward end, sidelights;

(ii) a vessel being towed alongside shall exhibit a sternlight and at the forward end, sidelights.


SCHEDULE 1—continued

“SCHEDULE 3—continued

(g) Where from any sufficient cause it is impracticable for a vessel or object being towed to exhibit the lights prescribed in paragraph (e) of this Rule, all possible measures shall be taken to light the vessel or object towed or at least to indicate the presence of the unlighted vessel or object.

RULE 25

Sailing vessels underway and vessels under oars

(a) A sailing vessel underway shall exhibit:

(i) sidelights;

(ii) a sternlight.

(b) In a sailing vessel of less than 12 metres in length the lights prescribed in paragraph (a) of this Rule may be combined in one lantern carried at or near the top of the mast where it can best be seen.

(c) A sailing vessel underway may, in addition to the lights prescribed in paragraph (a) of this Rule, exhibit at or near the top of the mast, where they can best be seen, two all-round lights in a vertical line, the upper being red and the lower green, but these lights shall not be exhibited in conjunction with the combined lantern permitted by paragraph (b) of this Rule.

(d) (i) A sailing vessel of less than 7 metres in length shall, if practicable, exhibit the lights prescribed in paragraph (a) or (b) of this Rule, but if she does not, she shall have ready at hand an electric torch or lighted lantern showing a white light which shall be exhibited in sufficient time to prevent collision.

(ii) A vessel under oars may exhibit the lights prescribed in this Rule for sailing vessels, but if she does not, she shall have ready at hand an electric torch or lighted lantern showing a white light which shall be exhibited in sufficient urne to prevent collision.

(e) A vessel proceeding under sail when also being propelled by machinery shall exhibit forward where it can best be seen a conical shape, apex downwards.

 

RULE 26

Fishing vessels

(a) A vessel engaged in fishing, whether underway or at anchor, shall exhibit only the lights and shapes prescribed in this Rule.

(b) A vessel when engaged in trawling, by which is meant the dragging through the water of a dredge net or other apparatus used as a fishing appliance, shall exhibit:

(i) two all-round lights in a vertical line, the upper being green and the lower white, or a shape consisting of two cones with their apexes together in a vertical line one above the other; a vessel of less than 20 metres in length may instead of this shape exhibit a basket;

(ii) a masthead light abaft of and higher than the all-round green light; a vessel of less than 50 metres in length shall not be obliged to exhibit such a light but may do so;

(iii) when making way through the water, in addition to the lights prescribed in this paragraph, sidelights and a sternlight.

(c) A vessel engaged in fishing, other than trawling, shall exhibit:

(i) two all-round lights in a vertical line, the upper being red and the lower white, or a shape consisting of two cones with apexes together in a vertical line one above the other; a vessel of less than 20 metres in length may instead of this shape exhibit a basket;

(ii) when there is outlying gear extending more than 150 metres horizontally from the vessel, an all-round white light or a cone apex upwards in the direction of the gear;

(iii) when making way through the water, in addition to the lights prescribed in this paragraph, sidelights and a sternlight.


SCHEDULE 1—continued

“SCHEDULE 3—continued

(d) A vessel engaged in fishing in close proximity to other vessels engaged in fishing may exhibit the additional signals described in Annex II to these Regulations.

(e) A vessel when not engaged in fishing shall not exhibit the lights or shapes prescribed in this Rule, but only those prescribed for a vessel of her length.

 

RULE 27

Vessels not under command or restricted in their ability to manoeuvre

(a) A vessel not under command shall exhibit:

(i) two all-round red lights in a vertical line where they can best be seen;

(ii) two balls or similar shapes in a vertical line where they can best be seen;

(iii) when making way through the water, in addition to the lights prescribed in this paragraph, sidelights and a sternlight.

(b) A vessel restricted in her ability to manoeuvre, except a vessel engaged in minesweeping operations, shall exhibit:

(i) three all-round lights in a vertical line where they can best be seen. The highest and lowest of these lights shall be red and the middle light shall be white;

(ii) three shapes in a vertical line where they can best be seen. The highest and lowest of these shapes shall be balls and the middle one a diamond;

(iii) when making way through the water, masthead lights, sidelights and a sternlight, in addition to the lights prescribed in sub-paragraph (i);

(iv) when at anchor, in addition to the lights or shapes prescribed in sub-paragraphs (i) and (ii), the light, lights or shape prescribed in Rule 30.

(c) A vessel engaged in a towing operation such as renders her unable to deviate from her course shall, in addition to the lights or shapes prescribed in sub-paragraphs (b)(i) and (ii) of this Rule, exhibit the lights or shape prescribed in Rule 24(a).

(d) A vessel engaged in dredging or underwater operations, when restricted in her ability to manoeuvre, shall exhibit the lights and shapes prescribed in paragraph (b) of this Rule and shall in addition, when an obstruction exists, exhibit:

(i) two all-round red lights or two balls in a vertical line to indicate the side on which the obstruction exists;

(ii) two all-round green lights or two diamonds in a vertical line to indicate the side on which another vessel may pass;

(iii) when making way through the water, in addition to the lights prescribed in this paragraph, masthead lights, sidelights and a sternlight;

(iv) a vessel to which this paragraph applies when at anchor shall exhibit the lights or shapes prescribed in sub-paragraphs (i) and (ii) instead of the lights or shape prescribed in Rule 30.

(e) Whenever the size of a vessel engaged in diving operations makes it impracticable to exhibit the shapes prescribed in paragraph (d) of this Rule, a rigid replica of the International Code flag “A” not less than 1 metre in height shall be exhibited. Measures shall be taken to ensure all-round visibility.

(f) A vessel engaged in minesweeping operations shall, in addition to the lights prescribed for a power-driven vessel in Rule 23, exhibit three all-round green lights or three balls. One of these lights or shapes shall be exhibited at or near the foremast head and one at each end of the fore yard. These lights or shapes indicate that it is dangerous for another vessel to approach closer than 1,000 metres astern or 500 metres on either side of the minesweeper.

(g) Vessels of less than 7 metres in length shall not be required to exhibit the lights prescribed in this Rule.


SCHEDULE 1—continued

“SCHEDULE 3—continued

(h) The signals prescribed in this Rule are not signals of vessels in distress and requiring assistance. Such signals are contained in Annex IV to these Regulations.

 

RULE 28

Vessels constrained by their draught

A vessel constrained by her draught may, in addition to the lights prescribed for power-driven vessels in Rule 23, exhibit where they can best be seen three all-round red lights in a vertical line, or a cylinder.

RULE 29

Pilot vessels

(a) A vessel engaged on pilotage duty shall exhibit:

(i) at or near the masthead, two all-round lights in a vertical line, the upper being white and the lower red;

(ii) when underway, in addition, sidelights and a sternlight;

(iii) when at anchor, in addition to the lights prescribed in sub-paragraph (i), the anchor light, lights or shape.

(b) A pilot vessel when not engaged on pilotage duty shall exhibit the lights or shapes prescribed for a similar vessel of her length.

RULE 30

Anchored vessels and vessels aground

(a) A vessel at anchor shall exhibit where it can best be seen:

(i) in the fore part, an all-round white light or one ball;

(ii) at or near the stern and at a lower level than the light prescribed in sub-paragraph (i), an all-round white light.

(b) A vessel of less than 50 metres in length may exhibit an all-round white light where it can best be seen instead of the lights prescribed in paragraph (a) of this Rule.

(c) A vessel at anchor may, and a vessel of 100 metres and more in length shall, also use the available working or equivalent lights to illuminate her decks.

(d) A vessel aground shall exhibit the lights prescribed in paragraph (a) or (b) of this Rule and in addition, where they can best be seen:

(i) two all-round red lights in a vertical line;

(ii) three balls in a vertical line.

(e) A vessel of less than 7 metres in length, when at anchor or aground, not in or near a narrow channel, fairway or anchorage, or where other vessels normally navigate, shall not be required to exhibit the lights or shapes prescribed in paragraphs (a), (b) or (d) of this Rule.

 

RULE 31

Seaplanes

Where it is impracticable for a seaplane to exhibit lights and shapes of the characteristics or in the positions prescribed in the Rules of this Part she shall exhibit lights and shapes as closely similar in characteristics and position as is possible.

 

PART D—SOUND AND LIGHT SIGNALS

RULE 32

Definitions

(a) The word “whistle” means any sound signalling appliance capable of producing the prescribed blasts and which complies with the specifications in Annex III to these Regulations.


SCHEDULE 1—continued

“SCHEDULE 3—continued

(b) The term “short blast” means a blast of about one second’s duration.

(c) The term “prolonged blast” means a blast of from four to six seconds’ duration.

RULE 33

Equipment for sound signals

(a) A vessel of 12 metres or more in length shall be provided with a whistle and a bell and a vessel of 100 metres or more in length shall, in addition, be provided with a gong, the tone and sound of which cannot be confused with that of the bell. The whistle, bell and gong shall comply with the specifications in Annex III to these Regulations. The bell or gong or both may be replaced by other equipment having the same respective sound characteristics, provided that manual sounding of the required signals shall always be possible.

(b) A vessel of less than 12 metres in length shall not be obliged to carry the sound signalling appliances prescribed in paragraph (a) of this Rule but if she does not, she shall be provided with some other means of making an efficient sound signal.

RULE 34

Manoeuvring and warning signals

(a) When vessels are in sight of one another, a power-driven vessel underway, when manoeuvring as authorized or required by these Rules, shall indicate that manoeuvre by the following signals on her whistle:

—one short blast to mean “I am altering my course to starboard”;

—two short blasts to mean “I am altering my course to port”;

—three short blasts to mean “I am operating astern propulsion”.

(b) Any vessel may supplement the whistle signals prescribed in paragraph (a) of this Rule by light signals, repeated as appropriate, whilst the manoeuvre is being carried out:

(i) these light signals shall have the following significance:

—one flash to mean “I am altering my course to starboard”;

—two flashes to mean “I am altering my course to port”;

—three flashes to mean “I am operating astern propulsion”;

(ii) the duration of each flash shall be about one second, the interval between flashes shall be about one second, and the interval between successive signals shall be not less than ten seconds;

(iii) the light used for this signal shall, if fitted, be an all-round white light, visible at a minimum range of 5 miles, and shall comply with the provisions of Annex I.

(c) When in sight of one another in a narrow channel or fairway:

(i) a vessel intending to overtake another shall in compliance with Rule 9(e)(i) indicate her intention by the following signals on her whistle:

—two prolonged blasts followed by one short blast to mean “I intend to overtake you on your starboard side”;

—two prolonged blasts followed by two short blasts to mean “I intend to overtake you on your port side”;

(ii) the vessel about to be overtaken when acting in accordance with Rule 9(e)(i) shall indicate her agreement by the following signal on her whistle:

—one prolonged, one short, one prolonged and one short blast, in that order.

(d) When vessels in sight of one another are approaching each other and from any cause either vessel fails to understand the intentions or actions of the other, or is in doubt whether sufficient action is being taken by the other to avoid collision, the vessel in doubt shall immediately indicate such doubt by giving at least five short and rapid blasts on the whistle. Such signal may be supplemented by a light signal of at least five short and rapid flashes.

(e) A vessel nearing a bend or an area of a channel or fairway where other vessels may be obscured by an intervening obstruction shall sound one prolonged blast. Such signal shall be answered with a prolonged blast by any approaching vessel that may be within hearing around the bend or behind the intervening obstruction.


SCHEDULE 1—continued

“SCHEDULE 3—continued

(f) If whistles are fitted on a vessel at a distance apart of more than 100 metres, one whistle only shall be used for giving manoeuvring and warning signals.

 

RULE 35

Sound signals in restricted visibility

In or near an area of restricted visibility, whether by day or night, the signals prescribed in this Rule shall be used as follows:

(a) A power-driven vessel making way through the water shall sound at intervals of not more than 2 minutes one prolonged blast.

(b) A power-driven vessel underway but stopped and making no way through the water shall sound at intervals of not more than 2 minutes two prolonged blasts in succession with an interval of about 2 seconds between them.

(c) A vessel not under command, a vessel restricted in her ability to manoeuvre, a vessel constrained by her draught, a sailing vessel, a vessel engaged in fishing and a vessel engaged in towing or pushing another vessel shall, instead of the signals prescribed in paragraphs (a) or (b) of this Rule, sound at intervals of not more than 2 minutes three blasts in succession, namely one prolonged followed by two short blasts.

(d) A vessel towed or if more than one vessel is towed the last vessel of the tow, if manned, shall at intervals of not more than 2 minutes sound four blasts in succession, namely one prolonged followed by three short blasts. When practicable, this signal shall be made immediately after the signal made by the towing vessel.

(e) When a pushing vessel and a vessel being pushed ahead are rigidly connected in a composite unit they shall be regarded as a power-driven vessel and shall give the signals prescribed in paragraphs (a) or (b) of this Rule.

(f) A vessel at anchor shall at intervals of not more than one minute ring the bell rapidly for about 5 seconds. In a vessel of 100 metres or more in length the bell shall be sounded in the forepart of the vessel and immediately after the ringing of the bell the gong shall be sounded rapidly for about 5 seconds in the after part of the vessel. A vessel at anchor may in addition sound three blasts in succession, namely one short, one prolonged and one short blast, to give warning of her position and of the possibility of collision to an approaching vessel.

(g) A vessel aground shall give the bell signal and if required the gong signal prescribed in paragraph (f) of this Rule and shall, in addition, give three separate and distinct strokes on the bell immediately before and after the rapid ringing of the bell. A vessel aground may in addition sound an appropriate whistle signal.

(h) A vessel of less than 12 metres in length shall not be obliged to give the abovementioned signals but, if she does not, shall make some other efficient sound signal at intervals of not more than 2 minutes.

(i) A pilot vessel when engaged on pilotage duty may in addition to the signals prescribed in paragraphs (a), (b) or (f) of this Rule sound an identity signal consisting of four short blasts.

 

RULE 36

Signals to attract attention

If necessary to attract the attention of another vessel any vessel may make light or sound signals that cannot be mistaken for any signal authorized elsewhere in these Rules, or may direct the beam of her searchlight in the direction of the danger, in such a way as not to embarrass any vessel.

 

RULE 37

Distress signals

When a vessel is in distress and requires assistance she shall use or exhibit the signals prescribed in Annex IV to these Regulations.


SCHEDULE 1—continued

“SCHEDULE 3—continued

PART E—EXEMPTIONS

RULE 38

Exemptions

Any vessel (or class of vessels) provided that she complies with the requirements of the International Regulations for Preventing Collisions at Sea, 1960, the keel of which is laid or which is at a corresponding stage of construction before the entry into force of these Regulations may be exempted from compliance therewith as follows:

(a) The installation of lights with ranges prescribed in Rule 22, until four years after the date of entry into force of these Regulations.

(b) The installation of lights with colour specifications as prescribed in Section 7 of Annex I to these Regulations, until four years after the date of entry into force of these Regulations.

(c) The repositioning of lights as a result of conversion from Imperial to metric units and rounding off measurement figures, permanent exemption.

(d) (i) The repositioning of masthead lights on vessels of less than 150 metres in length, resulting from the prescriptions of Section 3(a) of Annex I, permanent exemption.

(ii) The repositioning of masthead lights on vessels of 150 metres or more in length, resulting from the prescriptions of Section 3(a) of Annex I to these Regulations, until nine years after the date of entry into force of these Regulations.

(e) The repositioning of masthead lights resulting from the prescriptions of Section 2(b) of Annex I, until nine years after the date of entry into force of these Regulations.

(f) The repositioning of sidelights resulting from the prescriptions of Sections 2(g) and 3(b)of Annex I, until nine years after the date of entry into force of these Regulations.

(g) The requirements for sound signal appliances prescribed in Annex III, until nine years after the date of entry into force of these Regulations.

ANNEX I

POSITIONING AND TECHNICAL DETAILS OF LIGHTS AND SHAPES

1. Definition

The term “height above the hull” means height above the uppermost continuous deck.

2. Vertical positioning and spacing of lights

(a) On a power-driven vessel of 20 metres or more in length the masthead lights shall be placed as follows:

(i) the forward masthead light, or if only one masthead light is carried, then that light, at a height above the hull of not less than 6 metres, and, if the breadth of the vessel exceeds 6 metres, then at a height above the hull not less than such breadth, so however that the light need not be placed at a greater height above the hull than 12 metres;

(ii) when two masthead lights are carried the after one shall be at least 4.5 metres vertically higher than the forward one.

(b) The vertical separation of masthead lights of power-driven vessels shall be such that in all normal conditions of trim the after light will be seen over and separate from the forward light at a distance of 1000 metres from the stem when viewed from sea level.

(c) The masthead light of a power-driven vessel of 12 metres but less than 20 metres in length shall be placed at a height above the gunwale of not less than 2.5 metres.

(d) A power-driven vessel of less than 12 metres in length may carry the uppermost light at a height of less than 2.5 metres above the gunwale. When however a masthead light is carried in addition to sidelights and a sternlight, then such masthead light shall be carried at least 1 metre higher than the sidelights.

(e) One of the two or three masthead lights prescribed for a power-driven vessel when engaged in towing or pushing another vessel shall be placed in the same position as the forward masthead light of a power-driven vessel.

(f) In all circumstances the masthead light or lights shall be so placed as to be above and clear of all other lights and obstructions.

(g) The sidelights of a power-driven vessel shall be placed at a height above the hull not greater than three quarters of that of the forward masthead light. They shall not be so low as to be interfered with by deck lights.


SCHEDULE 1—continued

“SCHEDULE 3—continued

(h) The sidelights, if in a combined lantern and carried on a power-driven vessel of less than 20 metres in length, shall be placed not less than 1 metre below the masthead light.

(i) When the Rules prescribe two or three lights to be carried in a vertical line, they shall be spaced as follows:

(i) on a vessel of 20 metres in length or more such lights shall be spaced not less than 2 metres apart, and the lowest of these lights shall, except where a towing light is required, not be less than 4 metres above the hull;

(ii) on a vessel of less than 20 metres in length such lights shall be spaced not less than 1 metre apart and the lowest of these lights shall, except where a towing light is required, not be less than 2 metres above the gunwale;

(iii) when three lights are carried they shall be equally spaced.

(j) The lower of the two all-round lights prescribed for a fishing vessel when engaged in fishing shall be at a height above the sidelights not less than twice the distance between the two vertical lights.

(k) The forward anchor light, when two are carried, shall not be less than 4.5 metres above the after one. On a vessel of 50 metres or more in length this forward anchor light shall not be less than 6 metres above the hull.

3. Horizontal positioning and spacing of lights

(a) When two masthead lights are prescribed for a power-driven vessel, the horizontal distance between them shall not be less than one half of the length of the vessel but need not be more than 100 metres. The forward light shall be placed not more than one quarter of the length of the vessel from the stem.

(b) On a vessel of 20 metres or more in length the sidelights shall not be placed in front of the forward masthead lights. They shall be placed at or near the side of the vessel.

4. Details of location of direction-indicating lights for fishing vessels, dredgers and vessels engaged in underwater operations

(a) The light indicating the direction of the outlying gear from a vessel engaged in fishing as prescribed in Rule 26(c)(ii) shall be placed at a horizontal distance of not less than 2 metres and not more than 6 metres away from the two all-round red and white lights. This light shall be placed not higher than the all-round white light prescribed in Rule 26(c)(i) and not lower than the sidelights.

(b) The lights and shapes on a vessel engaged in dredging or underwater operations to indicate the obstructed side and/or the side on which it is safe to pass, as prescribed in Rule 27(d)(i) and (ii), shall be placed at the maximum practical horizontal distance, but in no case less than 2 metres, from the lights or shapes prescribed in Rule 27(b)(i) and (ii). In no case shall the upper of these lights or shapes be at a greater height than the lower of the three lights or shapes prescribed in Rule 27(b)(i) and (ii).

5. Screens for sidelights

The sidelights shall be fitted with inboard screens painted matt black, and meeting the requirements of Section 9 of this Annex. With a combined lantern, using a single vertical filament and a very narrow division between the green and red sections, external screens need not be fitted.

6. Shapes

(a) Shapes shall be black and of the following sizes:

(i) a ball shall have a diameter of not less than 0.6 metre;

(ii) a cone shall have a base diameter of not less than 0.6 metre and a height equal to its diameter;

(iii) a cylinder shall have a diameter of at least 0.6 metre and a height of twice its diameter;

(iv) a diamond shape shall consist of two cones as defined in (ii) above having a common base.

(b) The vertical distance between shapes shall be at least 1.5 metres.


SCHEDULE 1—continued

“SCHEDULE 3—continued

(c) In a vessel of less than 20 metres in length shapes of lesser dimensions but commensurate with the size of the vessel may be used and the distance apart may be correspondingly reduced.

7. Colour specification of lights

The chromaticity of all navigation lights shall conform to the following standards, which lie within the boundaries of the area of the diagram specified for each colour by the International Commission on Illumination (CIE).

The boundaries of the area for each colour are given by indicating the corner co-ordinates, which are as follows:

(i) White

x

0.525

0.525

0.452

0.310

0.310

0.443

y

0.382

0.440

0.440

0.348

0.283

0.382

(ii) Green

x

0.028

0.009

0.300

0.203

y

0.385

0.723

0.511

0.356

(iii) Red

x

0.680

0.660

0.735

0.721

y

0.320

0.320

0.265

0.259

(iv) Yellow

x

0.612

0.618

0.575

0.575

y

0.382

0.382

0.425

0.406

8. Intensity of lights

(a) The minimum luminous intensity of lights shall be calculated by using the formula:

I = 3.43 × 106 × T × D2 × K−D

where I is luminous intensity in candelas under service conditions,

T is threshold factor 2 × 10−7 lux,

D is range of visibility (luminous range) of the light in nautical miles,

K is atmospheric transmissivity.

For prescribed lights the value of K shall be 0.8, corresponding to a meteorological visibility of approximately 13 nautical miles.

(b) A selection of figures derived from the formula is given in the following table:

Range of visibility (luminous range) of light in nautical miles

Luminous intensity of light in candelas for K = 0.8

D

I

1

0.9

2

4.3

3

12

4

27

5

52

6

94

NOTE: The maximum luminous intensity of navigation lights should be limited to avoid undue glare.

9. Horizontal Sectors

(a) (i) In the forward direction, sidelights as fitted on the vessel must show the minimum required intensities. The intensities must decrease to reach practical cut-off between 1 degree and 3 degrees outside the prescribed sectors.


SCHEDULE 1—continued

“SCHEDULE 3—continued

(ii) For sternlights and masthead lights and at 22.5 degrees abaft the beam for sidelights, the minimum required intensities shall be maintained over the arc of the horizon up to 5 degrees within the limits of the sectors prescribed in Rule 21. From 5 degrees within the prescribed sectors the intensity may decrease by 50 per cent up to the prescribed limits; it shall decrease steadily to reach practical cut-off at not more than 5 degrees outside the prescribed limits.

(b) All-round lights shall be so located as not to be obscured by masts, topmasts or structures within angular sectors of more than 6 degrees, except anchor lights, which need not be placed at an impracticable height above the hull.

10. Vertical Sectors

(a) The vertical sectors of electric lights, with the exception of lights on sailing vessels shall ensure that:

(i) at least the required minimum intensity is maintained at all angles from 5 degrees above to 5 degrees below the horizontal;

(ii) at least 60 per cent of the required minimum intensity is maintained from 7.5 degrees above to 7.5 degrees below the horizontal.

(b) In the case of sailing vessels the vertical sectors of electric lights shall ensure that:

(i) at least the required minimum intensity is maintained at all angles from 5 degrees above to 5 degrees below the horizontal;

(ii) at least 50 per cent of the required minimum intensity is maintained from 25 degrees above to 25 degrees below the horizontal.

(c) In the case of lights other than electric these specifications shall be met as closely as possible.

11. Intensity of non-electric lights

Non-electric lights shall so far as practicable comply with the minimum intensities, as specified in the Table given in Section 8 of this Annex.

12. Manoeuvring light

Notwithstanding the provisions of paragraph 2 (f) of this Annex the manoeuvring light described in Rule 34 (b) shall be placed in the same fore and aft vertical plane as the masthead light or lights and, where practicable, at a minimum height of 2 metres vertically above the forward masthead light, provided that it shall be carried not less than 2 metres vertically above or below the after masthead light. On a vessel where only one masthead light is carried the manoeuvring light, if fitted, shall be carried where it can best be seen, not less than 2 metres vertically apart from the masthead light.

13. Approval

The construction of lanterns and shapes and the installation of lanterns on board the vessel shall be to the satisfaction of the appropriate authority of the State where the vessel is registered.

 

ANNEX II

ADDITIONAL SIGNALS FOR FISHING VESSELS FISHING IN CLOSE PROXIMITY

1. General

The lights mentioned herein shall, if exhibited in pursuance of Rule 26(d), be placed where they can best be seen. They shall be at least 0.9 metre apart but at a lower level than lights prescribed in Rule 26(b)(i) and (c)(i). The lights shall be visible all round the horizon at a distance of at least 1 mile but at a lesser distance than the lights prescribed by these Rules for fishing vessels.


SCHEDULE 1—continued

“SCHEDULE 3—continued

2. Signals for Trawlers

(a) Vessels when engaged in trawling, whether using demersal or pelagic gear, may exhibit:

(i) when shooting their nets: two white lights in a vertical line;

(ii) when hauling their nets: one white light over one red light in a vertical line;

(iii) when the net has come fast upon an obstruction: two red lights in a vertical line.

(b) Each vessel engaged in pair trawling may exhibit:

(i) by night, a searchlight directed forward and in the direction of the other vessel of the pair;

(ii) when shooting or hauling their nets or when their nets have come fast upon an obstruction, the lights prescribed in 2(a) above.

3. Signals for purse seiners

Vessels engaged in fishing with purse seine gear may exhibit two yellow lights in a vertical line. These lights shall flash alternately every second and with equal light and occultation duration. These lights may be exhibited only when the vessel is hampered by its fishing gear.

ANNEX III

TECHNICAL DETAILS OF SOUND SIGNAL APPLIANCES

1. Whistles

(a) Frequencies and range of audibility The fundamental frequency of the signal shall lie within the range 70-700 Hz.

The range of audibility of the signal from a whistle shall be determined by those frequencies, which may include the fundamental and/or one or more higher frequencies, which lie within the range 180-700 Hz (± 1 per cent) and which provide the sound pressure levels specified in paragraph 1 (c) below.

(b) Limits of fundamental frequencies To ensure a wide variety of whistle characteristics, the fundamental frequency of a whistle shall be between the following limits:

(i) 70-200 Hz, for a vessel 200 metres or more in length;

(ii) 130-350 Hz, for a vessel 75 metres but less than 200 metres in length;

(iii) 250-700 Hz, for a vessel less than 75 metres in length.

(c) Sound signal intensity and range of audibility A whistle fitted in a vessel shall provide, in the direction of maximum intensity of the whistle and at a distance of 1 metre from it, a sound pressure level in at least one 1/3rd-octave band within the range of frequencies 180-700 (± 1 per cent) of not less than the appropriate figure given in the table below.

Length of vessel in metres

1/3rd-octave

band level at

1 metre in dB

referred to

2 x 10—5N/m2

Audibility range in nautical miles

200 or more..............................................................................

143

2

75 but less than 200..................................................................

138

1.5

20 but less than 75....................................................................

130

1

Less than 20.............................................................................

120

0.5


SCHEDULE 1—continued

“SCHEDULE 3—continued

The range of audibility in the table above is for information and is approximately the range at which a whistle may be heard on its forward axis with 90 per cent probability in conditions of still air on board a vessel having average background noise level at the listening posts (taken to be 68 dB in the octave band centred on 250 Hz and 63 dB in the octave band centred on 500 Hz).

In practice the range at which a whistle may be heard is extremely variable and depends critically on weather conditions; the values given can be regarded as typical but under conditions of strong wind or high ambient noise level at the listening post the range may be much reduced.

(d) Directional properties The sound pressure level of a directional whistle shall be not more than 4 dB below the sound pressure level on the axis at any direction in the horizontal plane within ±45 degrees of the axis. The sound pressure level at any other direction in the horizontal plane shall be not more than 10 dB below the sound pressure level on the axis, so that the range in any direction will be at least half the range on the forward axis. The sound pressure level shall be measured in that 1/3rd-octave band which determines the audibility range.

(e) Positioning of whistles When a directional whistle is to be used as the only whistle on a vessel, it shall be installed with its maximum intensity directed straight ahead.

A whistle shall be placed as high as practicable on a vessel, in order to reduce interception of the emitted sound by obstructions and also to minimize hearing damage risk to personnel. The sound pressure level of the vessel’s own signal at listening posts shall not exceed 110 dB (A) and so far as practicable should not exceed 100 dB (A).

(f) Fitting of more than one whistle If whistles are fitted at a distance apart of more than 100 metres, it shall be so arranged that they are not sounded simultaneously.

(g) Combined whistle systems If due to the presence of obstructions the sound field of a single whistle or of one of the whistles referred to in paragraph 1 (f) above is likely to have a zone of greatly reduced signal level, it is recommended that a combined whistle system be fitted so as to overcome this reduction. For the purposes of the Rules a combined whistle system is to be regarded as a single whistle. The whistles of a combined system shall be located at a distance apart of not more than 100 metres and arranged to be sounded simultaneously. The frequency of any one whistle shall differ from those of the others by a least 10 Hz.

2. Bell or gong

(a) Intensity of signal A bell or gong, or other device having similar sound characteristics shall produce a sound pressure level of not less than 110 dB at 1 metre.

(b) Construction Bells and gongs shall be made of corrosion-resistant material and designed to give a clear tone. The diameter of the mouth of the bell shall be not less than 300 mm for vessels of more than 20 metres in length, and shall be not less than 200 mm for vessels of 12 to 20 metres in length. Where practicable, a power-driven bell striker is recommended to ensure constant force but manual operation shall be possible. The mass of the striker shall be not less than 3 per cent of the mass of the bell.

3. Approval

The construction of sound signal appliances, their performance and their installation on board the vessel shall be to the satisfaction of the appropriate authority of the State where the vessel is registered.

ANNEX IV

DISTRESS SIGNALS

1. The following signals, used or exhibited either together or separately, indicate distress and need of assistance:

(a) a gun or other explosive signal fired at intervals of about a minute;

(b) a continuous sounding with any fog-signalling apparatus;

(c) rockets or shells, throwing red stars fired one at a time at short intervals;


SCHEDULE 1—continued

“SCHEDULE 3—continued

(d) a signal made by radiotelegraphy or by any other signalling method consisting of the group...---... (SOS) in the Morse Code;

(e) a signal sent by radiotelephony consisting of the spoken word “Mayday”;

(f) the International Code Signal of distress indicated by N.C.;

(g) a signal consisting of a square flag having above or below it a ball or anything resembling a ball;

(h) flames on the vessel (as from a burning tar barrel, oil barrel, etc.);

(i) a rocket parachute flare or a hand flare showing a red light;

(j) a smoke signal giving off orange-coloured smoke;

(k) slowly and repeatedly raising and lowering arms outstretched to each side;

(l) the radiotelegraph alarm signal;

(m) the radiotelephone alarm signal;

(n) signals transmitted by emergency position-indicating radio beacons.

2. The use or exhibition of any of the foregoing signals except for the purpose of indicating distress and need of assistance and the use of other signals which may be confused with any of the above signals is prohibited.

3. Attention is drawn to the relevant sections of the International Code of Signals, the Merchant Ship Search and Rescue Manual and the following signals:

(a) a piece of orange-coloured canvas with either a black square and circle or other appropriate symbol (for identification from the air);

(b) a dye marker.”.

SCHEDULE 2                                                 Section 96

SCHEDULE TO BE INSERTED IN PRINCIPAL ACT BY THIS ACT

“SCHEDULE 6                                               Section 330

INTERNATIONAL CONVENTION

relating to the limitation of the liability

of owners of sea-goings ships.

The High Contracting Parties,

Having recognised the desirability of determining by agreement certain uniform rules relating to the limitation of the liability of owners of sea-going ships;

Have decided to conclude a Convention for this purpose, and thereto have agreed as follows:

ARTICLE 1.

(1) The owner of a sea-going ship may limit his liability in accordance with Article 3 of this Convention in respect of claims arising from any of the following occurrences, unless the occurrence giving rise to the claim resulted from the actual fault or privity of the owner:

(a) loss of life of, or personal injury to, any person being carried in the ship, and loss of, or damage to, any property on board the ship;

(b) loss of life of, or personal injury to, any other person, whether on land or on water, loss of or damage to any other property or infringement of any rights caused by the act, neglect or default of any person on board the ship for whose act, neglect or de-


SCHEDULE 2—continued

“SCHEDULE 6—continued

fault the owner is responsible or any person not on board the ship for whose act, neglect or default the owner is responsible: Provided however that in regard to the act, neglect or default of this last class of person, the owner shall only be entitled to limit his liability when the act, neglect or default is one which occurs in the navigation or the management of the ship or in the loading, carriage or discharge of its cargo or in the embarkation, carriage or disembarkation of its passengers;

(c) any obligation or liability imposed by any law relating to the removal of wreck and arising from or in connection with the raising, removal or destruction of any ship which is sunk, stranded or abandoned (including anything which may be on board such ship) and any obligation or liability arising out of damage caused to harbour works, basins and navigable waterways.

(2) In the present Convention the expression “personal claims” means claims resulting from loss of life and personal injury; the expression “property claims” means all other claims set out in paragraph (1) of this Article.

(3) An owner shall be entitled to limit his liability in the cases set out in paragraph (1) of this Article even in cases where his liability arises, without proof of negligence on the part of the owner or of persons for whose conduct he is responsible, by reason of his ownership, possession, custody or control of the ship.

(4) Nothing in this Article shall apply :

(a) to claims for salvage or to claims for contribution in general average;

(b) to claims by the Master, by members of the crew, by any servants of the owner on board the ship or by servants of the owner whose duties are connected with the ship, including the claims of their heirs, personal representatives or dependants, if under the law governing the contract of service between the owner and such servants the owner is not entitled to limit his liability in respect of such claims or if he is by such law only permitted to limit his liability to an amount greater than that provided for in Article 3 of this Convention.

(5) If the owner of a ship is entitled to make a claim against a claimant arising out of the same occurrence, their respective claims shall be set off against each other and the provisions of this Convention shall only apply to the balance, if any.

(6) The question upon whom lies the burden of proving whether or not the occurrence giving rise to the claim resulted from the actual fault or privity of the owner shall be determined by the lex fori.

(7) The act of invoking limitation of liability shall not constitute an admission of liability.

ARTICLE 2.

(1) The limit of liability prescribed by Article 3 of this Convention shall apply to the aggregate of personal claims and property claims which arise on any distinct occasion without regard to any claims which have arisen or may arise on any other distinct occasion.

(2) When the aggregate of the claims which arise on any distinct occasion exceeds the limits of liability provided for by Article 3 the total sum representing such limits of liability may be constituted as one distinct limitation fund.

(3) The fund thus constituted shall be available only for the payment of claims in respect of which limitation of liability can be invoked.

(4) After the fund has been constituted, no claimant against the fund shall be entitled to exercise any right against any other assets of the shipowner in respect of his claim against the fund, if the limitation fund is actually available for the benefit of the claimant.

ARTICLE 3.

(1) The amounts to which the owner of a ship may limit his liability under Article 1 shall be:

(a) where the occurrence has only given rise to property claims an aggregate amount of 1,000 francs for each ton of the ship’s tonnage;

(b) where the occurrence has only given rise to personal claims an aggregate amount of 3,100 francs for each ton of the ship’s tonnage;

(c) where the occurrence has given rise both to personal claims and property claims an aggregate amount of 3,100 francs for each ton of the ship’s tonnage, of which a first


SCHEDULE 2—continued

“SCHEDULE 6—continued

portion amounting to 2,100 francs for each ton of the ship’s tonnage shall be exclusively appropriated to the payment of personal claims and of which a second portion amounting to 1,000 francs for each ton of the ship’s tonnage shall be appropriated to the payment of property claims: Provided however that in cases where the first portion is insufficient to pay the personal claims in full, the unpaid balance of such claims shall rank rateably with the property claims for payment against the second portion of the fund.

(2) In each portion of the limitation fund the distribution among the claimants shall be made in proportion to the amounts of their established claims.

(3) If before the fund is distributed the owner has paid in whole or in part any of the claims set out in Article 1 paragraph (1), he shall pro tanto be placed in the same position in relation to the fund as the claimant whose claim he has paid, but only to the extent that the claimant whose claim he has paid would have had a right of recovery against him under the national law of the State where the fund has been constituted.

(4) Where the shipowner establishes that he may at a later date be compelled to pay in whole or in part any of the claims set out in Article 1 paragraph (1) the Court or other competent authority of the State where the fund has been constituted may order that a sufficient sum shall be provisionally set aside to enable the shipowner at such later date to enforce his claim against the fund in the manner set out in the preceding paragraph.

(5) For the purpose of ascertaining the limit of an owner’s liability in accordance with the provisions of this Article the tonnage of a ship of less than 300 tons shall be deemed to be 300 tons.

(6) The franc mentioned in this Article shall be deemed to refer to a unit consisting of sixty five and a half milligrams of gold of millesimal fineness nine hundred. The amounts mentioned in paragraph (1) of this Article shall be converted into the national currency of the State in which limitation is sought on the basis of the value of that currency by reference to the unit defined above at the date on which the shipowner shall have constituted the limitation fund, made the payment or given a guarantee which under the law of that State is equivalent to such payment.

(7) For the purpose of this convention tonnage shall be calculated as follows:

— in the case of steamships or other mechanically propelled ships there shall be taken the net tonnage with the addition of the amount deducted from the gross tonnage on account of engine room space for the purpose of ascertaining the net tonnage;

— in the case of all other ships there shall be taken the net tonnage.

ARTICLE 4.

Without prejudice to the provisions of Article 3, paragraph (2) of this Convention, the rules relating to the constitution and distribution of the limitation fund, if any, and all rules of procedure shall be governed by the national law of the State in which the fund is constituted.

ARTICLE 5.

(1) Whenever a shipowner is entitled to limit his liability under this Convention, and the ship or another ship or other property in the same ownership has been arrested within the jurisdiction of a Contracting State or bail or other security has been given to avoid arrest, the Court or other competent authority of such State may order the release of the ship or other property or of the security given if it is established that the shipowner has already given satisfactory bail or security in a sum equal to the full limit of his liability under this Convention and that the bail or other security so given is actually available for the benefit of the claimant in accordance with his rights.

(2) Where, in circumstances mentioned in paragraph (1) of this Article, bail or other security has already been given:

(a) at the port where the accident giving rise to the claim occurred;

(b) at the first port of call after the accident if the accident did not occur in a port;

(c) at the port of disembarkation or discharge if the claim is a personal claim or relates to damage to cargo;

the Court or other competent authority shall order the release of the ship or the bail or other security given, subject to the conditions set forth in paragraph (1) of this Article.


SCHEDULE 2—continued

“SCHEDULE 6—continued

(3) The provisions of paragraphs (1) and (2) of this Article shall apply likewise if the bail or other security already given is in a sum less than the full limit of liability under this Convention: Provided that satisfactory bail or other security is given for the balance.

(4) When the shipowner has given bail or other security in a sum equal to the full limit of his liability under this Convention such bail or other security shall be available for the payment of all claims arising on a distinct occasion and in respect of which the shipowner may limit his liability.

(5) Questions of procedure relating to actions brought under the provisions of this Convention and also the time limit within which such actions shall be brought or prosecuted shall be decided in accordance with the national law of the Contracting State in which the action takes place.

ARTICLE 6.

(1) In this Convention the liability of the shipowner includes the liability of the ship herself.

(2) Subject to paragraph (3) of this Article, the provisions of this Convention shall apply to the charterer, manager and operator of the ship, and to the master, members of the crew and other servants of the owner, charterer, manager or operator acting in the course of their employment, in the same way as they apply to an owner himself: Provided that the total limits of liability of the owner and all such other persons in respect of personal claims and property claims arising on a distinct occasion shall not exceed the amounts determined in accordance with Article 3 of this Convention.

(3) When actions are brought against the master or against members of the crew such persons may limit their liability even if the occurrence which gives rise to the claims resulted from the actual fault or privity of one or more of such persons. If, however, the master or member of the crew is at the same time the owner, co-owner, charterer, manager or operator of the ship the provisions of this paragraph shall only apply where the act, neglect or default in question is an act, neglect or default committed by the person in question in his capacity as master or as member of the crew of the ship.

ARTICLE 7.

This Convention shall apply whenever the owner of a ship, or any other person having by virtue of the provisions of Article 6 hereof the same rights as an owner of a ship, limits or seeks to limit his liability before the Court of a Contracting State or seeks to procure the release of a ship or other property arrested or the bail or other security given within the jurisdiction of any such State.

Nevertheless, each Contracting State shall have the right to exclude, wholly or partially, from the benefits of this Convention any non-Contracting State, or any person who, at the time when he seeks to limit his liability or to secure the release of a ship or other property arrested or the bail or other security in accordance with the provisions of Article 5 hereof, is not ordinarily resident in a Contracting State, or does not have his principal place of business in a Contracting State, or any ship in respect of which limitation of liability or release is sought which does not at the time specified above fly the flag of a Contracting State.

ARTICLE 8.

Each Contracting State reserves the right to decide what other classes of ship shall be treated in the same manner as sea-going ships for the purposes of this Convention.

ARTICLE 9.

This Convention shall be open for signature by the States represented at the tenth session of the Diplomatic Conference on Maritime Law.

ARTICLE 10.

This Convention shall be ratified and the instruments of ratification shall be deposited with the Belgian Government which shall notify through diplomatic channels all signatory and acceding States of their deposit.


SCHEDULE 2—continued

“SCHEDULE 6—continued

ARTICLE 11.

(1) This Convention shall come into force six months after the date of deposit of at least ten instruments of ratification, of which at least five shall have been deposited by States that have each a tonnage equal or superior to one million gross tons of tonnage.

(2) For each signatory State which ratifies the Convention after the date of deposit of the instrument of ratification determining the coming into force such as is stipulated in paragraph (1) of this Article, this Convention shall come into force six months after the deposit of their instrument of ratification.

ARTICLE 12.

Any State not represented at the tenth session of the Diplomatic Conference on Maritime Law may accede to this Convention.

The instruments of accession shall be deposited with the Belgian Government which shall inform through diplomatic channels all signatory and acceding States of the deposit of any such instruments.

The Convention shall come into force in respect of the acceding State six months after the date of the deposit of the instrument of accession of that State, but not before the date of entry into force of the Convention as established by Article 11(1).

ARTICLE 13.

Each High Contracting Party shall have the right to denounce this Convention at any time after the coming into force thereof in respect of such High Contracting Party. Nevertheless, this denunciation shall only take effect one year after the date on which notification thereof has been received by the Belgian Government which shall inform through diplomatic channels all signatory and acceding States of such notification.

ARTICLE 14.

(1) Any High Contracting Party may at the time of its ratification of or accession to this Convention or at any time thereafter declare by written notification to the Belgian Government that the Convention shall extend to any of the territories for whose international relations it is responsible. The Convention shall six months after the date of the receipt of such notification by the Belgian Government extend to the territories named therein, but not before the date of the coming into force of this Convention in respect of such High Contracting Party;

(2) Any High Contracting Party which has made a declaration under paragraph (1) of this Article extending the Convention to any territory for whose international relations it is responsible may at any time thereafter declare by notification given to the Belgian Government that the Convention shall cease to extend to such territory. This denunciation shall take effect one year after the date on which notification thereof has been received by the Belgian Government;

(3) The Belgian Government shall inform through diplomatic channels all signatory and acceding States of any notification received by it under this Article.

ARTICLE 15.

Any High Contracting Party may three years after the coming into force of this Convention in respect of such High Contracting Party or at any time thereafter request that a Conference be convened in order to consider amendments to this Convention.

Any High Contracting Party proposing to avail itself of this right shall notify the Belgian Government which shall convene the Conference within six months thereafter.

ARTICLE 16.

In respect of the relations between States which ratify this Convention or accede to it, this Convention shall replace and abrogate the International Convention for the unification of certain rules concerning the limitation of the liability of the owners of sea-going ships, signed at Brussels, on the 25th of August 1924.

In Witness whereof the Plenipotentiaries, duly authorized, have signed this Convention.


SCHEDULE 2—continued

“SCHEDULE 6—continued

Done at Brussels, this tenth day of October 1957, in the French and English languages, the two texts being equally authentic, in a single copy, which shall remain deposited in the archives of the Belgian Government, which shall issue certified copies.

(Here follows the signatures of the Plenipotentiaries, of the States on behalf of which the Convention was signed.)

PROTOCOL OF SIGNATURE

(1) Any State, at the time of signing, ratifying or acceding to this Convention may make any of the reservations set forth in paragraph (2). No other reservations to this Convention shall be admissible.

(2) The following are the only reservations admissible:

(a) Reservation of the right to exclude the application of Article 1 paragraph (1) (c).

(b) Reservation of the right to regulate by specific provisions of national law the system of limitation of liability to be applied to ships of less than 300 tons.

(c) Reservation of the right to give effect to this Convention either by giving it the force of law or by including in national legislation, in a form appropriate to that legislation, the provisions of this Convention.

(Here follow the signatures of the Plenipotentiaries of the States on behalf of which the Protocol was signed.)”.

SCHEDULE 3                                                      Section 93

SCHEDULES TO BE INSERTED IN PRINCIPAL ACT BY THIS ACT

“SCHEDULE 1                                  Sub-section 187a(1)

INTERNATIONAL CONVENTION FOR THE SAFETY OF LIFE AT SEA, 1974

ARTICLE I

General Obligations under the Convention

(a) The Contracting Governments undertake to give effect to the provisions of the present Convention and the Annex thereto, which shall constitute an integral part of the present Convention. Every reference to the present Convention constitutes at the same time a reference to the Annex.

(b) The Contracting Governments undertake to promulgate all laws, decrees, orders and regulations and to take all other steps which may be necessary to give the present Convention full and complete effect, so as to ensure that, from the point of view of safety of life, a ship is fit for the service for which it is intended.

ARTICLE II

Application

The present Convention shall apply to ships entitled to fly the flag of States the Governments of which are Contracting Governments.


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ARTICLE III

Laws, Regulations

The Contracting Governments undertake to communicate to and deposit with the Secretary-General of the Inter-Governmental Maritime Consultative Organization (hereinafter referred to as “the Organization”):

(a) a list of non-governmental agencies which are authorized to act in their behalf in the administration of measures for safety of life at sea for circulation to the Contracting Governments for the information of their officers;

(b) the text of laws, decrees, orders and regulations which shall have been promulgated on the various matters within the scope of the present Convention;

(c) a sufficient number of specimens of their Certificates issued under the provisions of the present Convention for circulation to the Contracting Governments for the information of their officers.

ARTICLE IV

Cases of Force Majeure

(a) A ship, which is not subject to the provisions of the present Convention at the time of its departure on any voyage, shall not become subject to the provisions of the present Convention on account of any deviation from its intended voyage due to stress of weather or any other cause of force majeure.

(b) Persons who are on board a ship by reason of force majeure or in consequence of the obligation laid upon the master to carry shipwrecked or other persons shall not be taken into account for the purpose of ascertaining the application to a ship of any provisions of the present Convention.

ARTICLE V

Carriage of Persons in Emergency

(a) For the purpose of evacuating persons in order to avoid a threat to the security of their lives a Contracting Government may permit the carriage of a larger number of persons in its ships than is otherwise permissible under the present Convention.

(b) Such permission shall not deprive other Contracting Governments of any right of control under the present Convention over such ships which come within their ports.

(c) Notice of any such permission, together with a statement of the circumstances, shall be sent to the Secretary-General of the Organization by the Contracting Government granting such permission.

ARTICLE VI

Prior Treaties and Conventions

(a) As between the Contracting Governments, the present Convention replaces and abrogates the International Convention for the Safety of Life at Sea which was signed in London on 17 June 1960.

(b) All other treaties, conventions and arrangements relating to safety of life at sea, or matters appertaining thereto, at present in force between Governments parties to the present Convention shall continue to have full and complete effect during the terms thereof as regards:

(i) ships to which the present Convention does not apply;

(ii) ships to which the present Convention applies, in respect of matters for which it has not expressly provided.

(c) To the extent, however, that such treaties, conventions or arrangements conflict with the provisions of the present Convention, the provisions of the present Convention shall prevail.

(d) All matters which are not expressly provided for in the present Convention remain subject to the legislation of the Contracting Governments.


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ARTICLE VII

Special Rules drawn up by Agreement

When in accordance with the present Convention special rules are drawn up by agreement between all or some of the Contracting Governments, such rules shall be communicated to the Secretary-General of the Organization for circulation to all Contracting Governments.

ARTICLE VIII

Amendments

(a) The present Convention may be amended by either of the procedures specified in the following paragraphs.

(b) Amendments after consideration within the Organization:

(i) Any amendment proposed by a Contracting Government shall be submitted to the Secretary-General of the Organization, who shall then circulate it to all Members of the Organization and all Contracting Governments at least six months prior to its consideration.

(ii) Any amendment proposed and circulated as above shall be referred to the Maritime Safety Committee of the Organization for consideration.

(iii) Contracting Governments of States, whether or not Members of the Organization, shall be entitled to participate in the proceedings of the Maritime Safety Committee for the consideration and adoption of amendments.

(iv) Amendments shall be adopted by a two-thirds majority of the Contracting Governments present and voting in the Maritime Safety Committee expanded as provided for in sub-paragraph (iii) of this paragraph (hereinafter referred to as “the expanded Maritime Safety Committee”) on condition that at least one-third of the Contracting Governments shall be present at the time of voting.

(v) Amendments adopted in accordance with sub-paragraph (iv) of this paragraph shall be communicated by the Secretary-General of the Organization to all Contracting Governments for acceptance.

(vi) (1) An amendment to an Article of the Convention or to Chapter I of the Annex shall be deemed to have been accepted on the date on which it is accepted by two-thirds of the Contracting Governments.

(2) An amendment to the Annex other than Chapter I shall be deemed to have been accepted:

(aa) at the end of two years from the date on which it is communicated to Contracting Governments for acceptance; or

(bb) at the end of a different period, which shall not be less than one year, if so determined at the time of its adoption by a two-thirds majority of the Contracting Governments present and voting in the expanded Maritime Safety Committee.

However, if within the specified period either more than one-third of Contracting Governments, or Contracting Governments the combined merchant fleets of which constitute not less than fifty per cent of the gross tonnage of the world’s merchant fleet, notify the Secretary-General of the Organization that they object to the amendment, it shall be deemed not to have been accepted.

(vii) (1) An amendment to an Article of the Convention or to Chapter I of the Annex shall enter into force with respect to those Contracting Governments which have accepted it, six months after the date on which it is deemed to have been accepted, and with respect to each Contracting Government which accepts it after that date, six months after the date of that Contracting Government’s acceptance.

(2) An amendment to the Annex other than Chapter I shall enter into force with respect to all Contracting Governments, except those which have objected to the amendment under sub-paragraph (vi) (2) of this paragraph and which have not withdrawn such objections, six months after the date on which it is deemed to have been accepted. However, before the date set for entry into force, any


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Contracting Government may give notice to the Secretary-General of the Organization that it exempts itself from giving effect to that amendment for a period not longer than one year from the date of its entry into force, or for such longer period as may be determined by a two-thirds majority of the Contracting Governments present and voting in the expanded Maritime Safety Committee at the time of the adoption of the amendment.

(c) Amendment by a Conference:

(i) Upon the request of a Contracting Government concurred in by at least one-third of the Contracting Governments, the Organization shall convene a Conference of Contracting Governments to consider amendments to the present Convention.

(ii) Every amendment adopted by such a Conference by a two-thirds majority of the Contracting Governments present and voting shall be communicated by the Secretary-General of the Organization to all Contracting Governments for acceptance.

(iii) Unless the Conference decides otherwise, the amendment shall be deemed to have been accepted and shall enter into force in accordance with the procedures specified in sub-paragraphs (b) (vi) and (b) (vii) respectively of this Article, provided that references in these paragraphs to the expanded Maritime Safety Committee shall be taken to mean references to the Conference.

(d) (i) A contracting Government which has accepted an amendment to the Annex which has entered into force shall not be obliged to extend the benefit of the present Convention in respect of the certificates issued to a ship entitled to fly the flag of a State the Government of which, pursuant to the provisions of sub-paragraph (b) (vi) (2) of this Article, has objected to the amendment and has not withdrawn such an objection, but only to the extent that such certificates relate to matters covered by the amendment in question.

(ii) A Contracting Government which has accepted an amendment to the Annex which has entered into force shall extend the benefit of the present Convention in respect of the certificates issued to a ship entitled to fly the flag of a State the Government of which, pursuant to the provisions of sub-paragraph (b) (vii) (2) of this Article, has notified the Secretary-General of the Organization that it exempts itself from giving effect to the amendment.

(e) Unless expressly provided otherwise, any amendment to the present Convention made under this Article, which relates to the structure of a ship, shall apply only to ships the keels of which are laid or which are at a similar stage of construction, on or after the date on which the amendment enters into force.

(f) Any declaration of acceptance of, or objection to, an amendment or any notice given under sub-paragraph (b) (vii) (2) of this Article shall be submitted in writing to the Secretary-General of the Organization, who shall inform all Contracting Governments of any such submission and the date of its receipt.

(g) The Secretary-General of the Organization shall inform all Contracting Governments of any amendments which enter into force under this Article, together with the date on which each such amendment enters into force.

ARTICLE IX

Signature, Ratification, Acceptance, Approval and Accession

(a) The present Convention shall remain open for signature at the Headquarters of the Organization from 1 November 1974 until 1 July 1975 and shall thereafter remain open for accession. States may become parties to the present Convention by:

(i) signature without reservation as to ratification, acceptance or approval; or

(ii) signature subject to ratification, acceptance or approval, followed by ratification, acceptance or approval; or

(iii) accession.

(b) Ratification, acceptance, approval or accession shall be effected by the deposit of an instrument to that effect with the Secretary-General of the Organization.


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(c) The Secretary-General of the Organization shall inform the Governments of all States which have signed the present Convention or acceded to it of any signature or of the deposit of any instrument of ratification, acceptance, approval or accession and the date of its deposits.

ARTICLE X

Entry into Force

(a) The present Convention shall enter into force twelve months after the date on which not less than twenty-five States, the combined merchant fleets of which constitute not less than fifty per cent of the gross tonnage of the world’s merchant shipping, have become parties to it in accordance with Article IX.

(b) Any instrument of ratification, acceptance, approval or accession deposited after the date on which the present Convention enters into force shall take effect three months after the date of deposit.

(c) After the date on which an amendment to the present Convention is deemed to have been accepted under Article VIII, any instrument of ratification, acceptance, approval or accession deposited shall apply to the Convention as amended.

ARTICLE XI

Denunciation

(a) The present Convention may be denounced by any Contracting Government at any time after the expiry of five years from the date on which the Convention enters into force for that Government.

(b) Denunciation shall be effected by the deposit of an instrument of denunciation with the Secretary-General of the Organization who shall notify all the other Contracting Governments of any instrument of denunciation received and of the date of its receipt as well as the date on which such denunciation takes effect.

(c) A denunciation shall take effect one year, or such longer period as may be specified in the instrument of denunciation, after its receipt by the Secretary-General of the Organization.

ARTICLE XII

Deposit and Registration

(a) The present Convention shall be deposited with the Secretary-General of the Organization who shall transmit certified true copies thereof to the Governments of all States which have signed the present Convention or acceded to it.

(b) As soon as the present Convention enters into force, the text shall be transmitted by the Secretary-General of the Organization to the Secretary-General of the United Nations for registration and publication, in accordance with Article 102 of the Charter of the United Nations.

ARTICLE XIII

Languages

The present Convention is established in a single copy in the Chinese, English, French, Russian and Spanish languages, each text being equally authentic. Official translations in the Arabic, German and Italian languages shall be prepared and deposited with the signed original.


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ANNEX

CHAPTER I

GENERAL PROVISIONS

PART A—APPLICATION, DEFINITIONS, ETC.

Regulation 1

Application

(a) Unless expressly provided otherwise, the present Regulations apply only to ships engaged on international voyages.

(b) The classes of ships to which each Chapter applies are more precisely defined, and the extent of the application is shown, in each Chapter.

Regulation 2

Definitions

For the purpose of the present Regulations, unless expressly provided otherwise:

(a) “Regulations” means the Regulations contained in the Annex to the present Convention.

(b) “Administration” means the Government of the State whose flag the ship is entitled to fly.

(c) “Approved” means approved by the Administration.

(d) “International voyage” means a voyage from a country to which the present Convention applies to a port outside such country, or conversely.

(e) A passenger is every person other than:

(i) the master and the members of the crew or other persons employed or engaged in any capacity on board a ship on the business of that ship; and

(ii) a child under one year of age.

(f) A passenger ship is a ship which carries more than twelve passengers.

(g) A cargo ship is any ship which is not a passenger ship.

(h) A tanker is a cargo ship constructed or adapted for the carriage in bulk of liquid cargoes of an inflammable* nature.

(i) A fishing vessel is a vessel used for catching fish, whales, seals, walrus or other living resources of the sea.

(j) A nuclear ship is a ship provided with a nuclear power plant.

(k) “New ship” means a ship the keel of which is laid or which is at a similar stage of construction on or after the date of coming into force of the present Convention.

(l) “Existing ship” means a ship which is not a new ship.

(m) A mile is 1,852 metres or 6,080 feet.

Regulation 3

Exceptions

(a) The present Regulations, unless expressly provided otherwise, do not apply to:

(i) Ships of war and troopships.

(ii) Cargo ships of less than 500 tons gross tonnage.

(iii) Ships not propelled by mechanical means.

(iv) Wooden ships of primitive build.

(v) Pleasure yachts not engaged in trade.

(vi) Fishing vessels.

* “Inflammable” has the same meaning as “flammable”.


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(b) Except as expressly provided in Chapter V, nothing herein shall apply to ships solely navigating the Great Lakes of North America and the River St. Lawrence as far east as a straight line drawn from Cap des Rosiers to West Point, Anticosti Island and, on the north side of Anticosti Island, the 63rd Meridian.

Regulation 4

Exemptions

(a) A ship which is not normally engaged on international voyages but which, in exceptional circumstances, is required to undertake a single international voyage may be exempted by the Administration from any of the requirements of the present Regulations provided that it complies with safety requirements which are adequate in the opinion of the Administration for the voyage which is to be undertaken by the ship.

(b) The Administration may exempt any ship which embodies features of a novel kind from any of the provisions of Chapters II-1, II-2, III and IV of these Regulations the application of which might seriously impede research into the development of such features and their incorporation in ships engaged on international voyages. Any such ship shall, however, comply with safety requirements which, in the opinion of that Administration, are adequate for the service for which it is intended and are such as to ensure the overall safety of the ship and which are acceptable to the Governments of the States to be visited by the ship. The Administration which allows any such exemption shall communicate to the Organization particulars of same and the reasons therefor which the Organization shall circulate to the Contracting Governments for their information.

Regulation 5

Equivalents

(a) Where the present Regulations require that a particular fitting, material, appliance or apparatus, or type thereof, shall be fitted or carried in a ship, or that any particular provision shall be made, the Administration may allow any other fitting, material, appliance or apparatus, or type thereof, to be fitted or carried, or any other provision to be made in that ship, if it is satisfied by trial thereof or otherwise that such fitting, material, appliance or apparatus, or type thereof, or provision, is at least as effective as that required by the present Regulations.

(b) Any Administration which so allows, in substitution, a fitting, material, appliance or apparatus, or type thereof, or provision, shall communicate to the Organization particulars thereof together with a report on any trials made and the Organization shall circulate such particulars to other Contracting Governments for the information of their officers.

PART B—SURVEYS AND CERTIFICATES

Regulation 6

Inspection and Survey

The inspection and survey of ships, so far as regards the enforcement of the provisions of the present Regulations and the granting of exemptions therefrom, shall be carried out by officers of the country in which the ship is registered, provided that the Government of each country may entrust the inspection and survey either to surveyors nominated for the purpose or to organizations recognized by it. In every case the Government concerned fully guarantees the completeness and efficiency of the inspection and survey.

Regulation 7

Surveys of Passenger Ships

(a) A passenger ship shall be subjected to the surveys specified below:

(i) A survey before the ship is put in service.

(ii) A periodical survey once every twelve months.

(iii) Additional surveys, as occasion arises.


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(b) The surveys referred to above shall be carried out as follows:

(i) The survey before the ship is put in service shall include a complete inspection of its structure, machinery and equipment, including the outside of the ship’s bottom and the inside and outside of the boilers. This survey shall be such as to ensure that the arrangements, material, and scantlings of the structure, boilers and other pressure vessels and their appurtenances, main and auxiliary machinery, electrical installation, radio installation, radiotelegraph installations in motor lifeboats, portable radio apparatus for survival craft, life-saving appliances, fire protection, fire detecting and extinguishing appliances, radar, echo-sounding device, gyro-compass, pilot ladders, mechanical pilot hoists and other equipment, fully comply with the requirements of the present Convention, and of the laws, decrees, orders and regulations promulgated as a result thereof by the Administration for ships of the service for which it is intended. The survey shall also be such as to ensure that the workmanship of all parts of the ship and its equipment is in all respects satisfactory, and that the ship is provided with the lights, shapes, means of making sound signals and distress signals as required by the provisions of the present Convention and the International Regulations for Preventing Collisions at Sea in force.

(ii) The periodical survey shall include an inspection of the structure, boilers and other pressure vessels, machinery and equipment, including the outside of the ship’s bottom. The survey shall be such as to ensure that the ship, as regards the structure, boilers and other pressure vessels and their appurtenances, main and auxiliary machinery, electrical installation, radio installation, radiotelegraph installations in motor lifeboats, portable radio apparatus for survival craft, life-saving appliances, fire protection, fire detecting and extinguishing appliances, radar, echo-sounding device, gyro-compass, pilot ladders, mechanical pilot hoists and other equipment, is in satisfactory condition and fit for the service for which it is intended, and that it complies with the requirements of the present Convention, and of the laws, decrees, orders and regulations promulgated as a result thereof by the Administration. The lights, shapes and means of making sound signals and the distress signals carried by the ship shall also be subject to the above-mentioned survey for the purpose of ensuring that they comply with the requirements of the present Convention and of the International Regulations for Preventing Collisions at Sea in force.

(iii) A survey either general or partial, according to the circumstances, shall be made every time an accident occurs or a defect is discovered which affects the safety of the ship or the efficiency or completeness of its life-saving appliances or other equipment, or whenever any important repairs or renewals are made. The survey shall be such as to ensure that the necessary repairs or renewals have been effectively made, that the material and workmanship of such repairs are in all respects satisfactory, and that the ship complies in all respects with the provisions of the present Convention and of the International Regulations for Preventing Collisions at Sea in force, and of the laws, decrees, orders and regulations promulgated as a result thereof by the Administration.

(c) (i) The laws, decrees, orders and regulations referred to in paragraph (b) of this Regulation shall be in all respects such as to ensure that, from the point of view of safety of life, the ship is fit for the service for which it is intended.

(ii) They shall among other things prescribe the requirements to be observed as to the initial and sub-sequent hydraulic or other acceptable alternative tests to which the main and auxiliary boilers, connexions, steam pipes, high pressure receivers, and fuel tanks for internal combustion engines are to be submitted including the test procedures to be followed and the intervals between two consecutive tests.

 

Regulation 8

Surveys of Life-Saving Appliances and other Equipment of Cargo Ships

The life-saving appliances, except a radiotelegraph installation in a motor lifeboat or a portable radio apparatus for survival craft, the echo-sounding device, the gyro-compass, and the fire-extinguishing appliances of cargo ships to which Chapters II-1, II-2, III and V apply shall be subject to initial and sub-sequent surveys as provided for passenger ships in Regulation 7 of this Chapter with the substitution of 24 months for 12 months in sub-paragraph (a) (ii) of that Regulation. The fire control plans in new ships and the pilot ladders, mechanical pilot hoists, lights, shapes and means of making sound signals carried by new and existing


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ships shall be included in the surveys for the purpose of ensuring that they comply fully with the requirements of the present Convention and, where applicable, the International Regulations for Preventing Collisions at Sea in force.

Regulation 9

Surveys of Radio and Radar Installations of Cargo Ships

The radio and radar installations of cargo ships to which Chapters IV and V apply and any radiotelegraph installation in a motor lifeboat or portable radio apparatus for survival craft which is carried in compliance with the requirements of Chapter III shall be subject to initial and sub-sequent surveys as provided for passenger ships in Regulation 7 of this Chapter.

Regulation 10

Surveys of Hull, Machinery and Equipment of Cargo Ships

The hull, machinery and equipment (other than items in respect of which Cargo Ship Safety Equipment Certificates, Cargo Ship Safety Radiotelegraphy Certificates or Cargo Ship Safety Radiotelephony Certificates are issued) of a cargo ship shall be surveyed on completion and thereafter in such manner and at such intervals as the Administration may consider necessary in order to ensure that their condition is in all respects satisfactory. The survey shall be such as to ensure that the arrangements, material, and scantlings of the structure, boilers and other pressure vessels and their appurtenances, main and auxiliary machinery, electrical installations and other equipment are in all respects satisfactory for the service for which the ship is intended.

Regulation 11

Maintenance of Conditions after Survey

After any survey of the ship under Regulations 7, 8, 9 or 10 of this Chapter has been completed, no change shall be made in the structural arrangements, machinery, equipment, etc. covered by the survey, without the sanction of the Administration.

Regulation 12

Issue of Certificates

(a) (i) A certificate called a Passenger Ship Safety Certificate shall be issued after inspection and survey to a passenger ship which complies with the requirements of Chapters II-1, II-2, III and IV and any other relevant requirements of the present Regulations.

(ii) A certificate called a Cargo Ship Safety Construction Certificate shall be issued after survey to a cargo ship which satisfies the requirements for cargo ships on survey set out in Regulation 10 of this Chapter and complies with the applicable requirements of Chapters II-1 and II-2 other than those relating to fire-extinguishing appliances and fire control plans.

(iii) A certificate called a Cargo Ship Safety Equipment Certificate shall be issued after inspection to a cargo ship which complies with the relevant requirements of Chapters II-1, II-2 and III and any other relevant requirements of the present Regulations.

(iv) A certificate called a Cargo Ship Safety Radiotelegraphy Certificate shall be issued after inspection to a cargo ship, fitted with a radiotelegraph installation, which complies with the requirements of Chapter IV and any other relevant requirements of the present Regulations.

(v) A certificate called a Cargo Ship Safety Radiotelephony Certificate shall be issued after inspection to a cargo ship, fitted with a radiotelephone installation, which complies with the requirements of Chapter IV and any other relevant requirements of the present Regulations.

(vi) When an exemption is granted to a ship under and in accordance with the provisions of the present Regulations, a certificate called an Exemption Certificate shall be issued in addition to the certificates prescribed in this paragraph.


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(vii) Passenger Ship Safety Certificates, Cargo Ship Safety Construction Certificates, Cargo Ship Safety Equipment Certificates, Cargo Ship Safety Radiotelegraphy Certificates, Cargo Ship Safety Radiotelephony Certificates and Exemption Certificates shall be issued either by the Administration or by any person or organization duly authorized by it. In every case, that Administration assumes full responsibility for the Certificate.

(b) Notwithstanding any other provision of the present Convention any certificate issued under, and in accordance with, the provisions of the International Convention for the Safety of Life at Sea, 1960, which is current when the present Convention comes into force in respect of the Administration by which the certificate is issued, shall remain valid until it expires under the terms of Regulation 14 of Chapter I of that Convention.

(c) A Contracting Government shall not issue certificates under, and in accordance with, the provisions of the International Convention for the Safety of Life at Sea, 1960, 1948 or 1929, after the date on which acceptance of the present Convention by the Government takes effect.

Regulation 13

Issue of Certificate by another Government

A Contracting Government may, at the request of the Administration, cause a ship to be surveyed and, if satisfied that the requirements of the present Regulations are complied with, shall issue certificates to the ship in accordance with the present Regulations. Any certificate so issued must contain a statement to the effect that it has been issued at the request of the Government of the country in which the ship is or will be registered, and it shall have the same force and receive the same recognition as a certificate issued under Regulation 12 of this Chapter.

Regulation 14

Duration of Certificates

(a) Certificates other than Cargo Ship Safety Construction Certificates, Cargo Ship Safety Equipment Certificates and Exemption Certificates shall be issued for a period of not more than 12 months. Cargo Ship Safety Equipment Certificates shall be issued for a period of not more than 24 months. Exemption Certificates shall not be valid for longer than the period of the certificates to which they refer.

(b) If a survey takes place within two months before the end of the period for which a Cargo Ship Safety Radiotelegraphy Certificate or a Cargo Ship Safety Radiotelephony Certificate issued in respect of cargo ships of 300 tons gross tonnage and upwards, but less than 500 tons gross tonnage, was originally issued, that certificate may be withdrawn, and a new certificate may be issued which shall expire 12 months after the end of the said period.

(c) If a ship at the time when its certificate expires is not in a port of the country in which it is registered, the certificate may be extended by the Administration, but such extension shall be granted only for the purpose of allowing the ship to complete its voyage to the country in which it is registered or is to be surveyed, and then only in cases where it appears proper and reasonable so to do.

(d) No certificate shall be thus extended for a longer period than five months, and a ship to which such extension is granted shall not, on its arrival in the country in which it is registered or the port in which it is to be surveyed, be entitled by virtue of such extension to leave that port or country without having obtained a new certificate.

(e) A certificate which has not been extended under the foregoing provisions of this Regulation may be extended by the Administration for a period of grace of up to one month from the date of expiry stated on it.

Regulation 15

Form of Certificates

(a) All certificates shall be drawn up in the official language or languages of the country by which they are issued.


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(b) The form of the certificates shall be that of the models given in the Appendix to the present Regulations. The arrangement of the printed part of the model certificates shall be exactly reproduced in the certificates issued, or in certified copies thereof, and the particulars inserted in the certificates issued, or in certified copies thereof, shall be in Roman characters and Arabic figures.

Regulation 16

Posting up of Certificates

All certificates or certified copies thereof issued under the present Regulations shall be posted up in a prominent and accessible place in the ship.

Regulation 17

Acceptance of Certificates

Certificates issued under the authority of a Contracting Government shall be accepted by the other Contracting Governments for all purposes covered by the present Convention. They shall be regarded by the other Contracting Governments as having the same force as certificates issued by them.

Regulation 18

Qualification of Certificates

(a) If in the course of a particular voyage a ship has on board a number of persons less than the total number stated in the Passenger Ship Safety Certificate and is in consequence, in accordance with the provisions of the present Regulations, free to carry a smaller number of lifeboats and other life-saving appliances than that stated in the Certificate, an annex may be issued by the Government, person or organization referred to in Regulation 12 or 13 of this Chapter.

(b) This annex shall state that in the circumstances there is no infringement of the provisions of the present Regulations. It shall be annexed to the Certificate and shall be substituted for it in so far as the life-saving appliances are concerned. It shall be valid only for the particular voyage for which it is issued.

Regulation 19

Control

Every ship holding a certificate issued under Regulation 12 or Regulation 13 of this Chapter is subject in the ports of the other Contracting Governments to control by officers duly authorized by such Governments in so far as this control is directed towards verifying that there is on board a valid certificate. Such certificate shall be accepted unless there are clear grounds for believing that the condition of the ship or of its equipment does not correspond substantially with the particulars of that certificate. In that case, the officer carrying out the control shall take such steps as will ensure that the ship shall not sail until it can proceed to sea without danger to the passengers or the crew. In the event of this control giving rise to intervention of any kind, the officer carrying out the control shall inform the Consul of the country in which the ship is registered in writing forthwith of all the circumstances in which intervention was deemed to be necessary, and the facts shall be reported to the Organization.

Regulation 20

Privileges

The privileges of the present Convention may not be claimed in favour of any ship unless it holds appropriate valid certificates.

PART C—CASUALTIES

Regulation 21

Casualties

(a) Each Administration undertakes to conduct an investigation of any casualty occurring to any of its ships subject to the provisions of the present Convention when it judges that


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such an investigation may assist in determining what changes in the present Regulations might be desirable.

(b) Each Contracting Government undertakes to supply the Organization with pertinent information concerning the findings of such investigations. No reports or recommendations of the Organization based upon such information shall disclose the identity or nationality of the ships concerned or in any manner fix or imply responsibility upon any ship or person.

CHAPTER II-l

CONSTRUCTION—SUBDIVISION AND STABILITY, MACHINERY AND ELECTRICAL INSTALLATIONS

PART A—GENERAL

Regulation 1

Application

(a) (i) Unless expressly provided otherwise, this Chapter applies to new ships.

(ii) Existing passenger ships and cargo ships shall comply with the following:

(1) for ships the keels of which were laid or which were at a similar stage of construction on or after the date of coming into force of the International Convention for the Safety of Life at Sea, 1960, the Administration shall ensure that the requirements which were applied under Chapter II of that Convention to new ships as defined in that Chapter are complied with;

(2) for ships the keels of which were laid or which were at a similar stage of construction on or after the date of coming into force of the International Convention for the Safety of Life at Sea, 1948, but before the date of coming into force of the International Convention for the Safety of Life at Sea, 1960, the Administration shall ensure that the requirements which were applied under Chapter II of the 1948 Convention to new ships as defined in that Chapter are complied with;

(3) for ships the keels of which were laid or which were at a similar stage of construction before the date of coming into force of the International Convention for the Safety of Life at Sea, 1948, the Administration shall ensure that the requirements which were applied under Chapter II of that Convention to existing ships as defined in that Chapter are complied with;

(4) as regards the requirements of Chapter II-1 of the present Convention which are not contained in Chapter II of the 1960 and 1948 Conventions, the Administration shall decide which of these requirements shall be applied to existing ships as defined in the present Convention.

(iii) A ship which undergoes repairs, alterations, modifications and outfitting related thereto shall continue to comply with at least the requirements previously applicable to the ship. An existing ship in such a case shall not, as a rule, comply to a lesser extent with the requirements for a new ship than it did before. Repairs, alterations and modifications of a major character and outfitting related thereto should meet the requirements for a new ship in so far as the Administration deems reasonable and practicable.

(b) For the purpose of this Chapter:

(i) A new passenger ship is a passenger ship the keel of which is laid or which is at a similar stage of construction on or after the date of coming into force of the present Convention, or a cargo ship which is converted to a passenger ship on or after that date, all other passenger ships being described as existing passenger ships.

(ii) A new cargo ship is a cargo ship the keel of which is laid or which is at a similar stage of construction after the date of coming into force of the present Convention.

(c) The Administration may, if it considers that the sheltered nature and conditions of the voyage are such as to render the application of any specific requirements of this Chapter unreasonable or unnecessary, exempt from those requirements individual ships or classes


SCHEDULE 3—continued

“SCHEDULE 1—continued

of ships belonging to its country which, in the course of their voyage, do not proceed more than 20 miles from the nearest land.

(d) In the case of a passenger ship which is permitted under paragraph (c) of Regulation 27 of Chapter III to carry a number of persons on board in excess of the lifeboat capacity provided, it shall comply with the special standards of subdivision set out in paragraph (e) of Regulation 5 of this Chapter, and the associated special provisions regarding permeability in paragraph (d) of Regulation 4 of this Chapter, unless the Administration is satisfied that, having regard to the nature and conditions of the voyage, compliance with the other provisions of the Regulations of this Chapter and Chapter II-2 of the present Convention is sufficient.

(e) In the case of passenger ships which are employed in special trades for the carriage of large numbers of special trade passengers, such as the pilgrim trade, the Administration, if satisfied that it is impracticable to enforce compliance with the requirements of this Chapter, may exempt such ships, when they belong to its country, from those requirements, provided that they comply fully with the provisions of:

(i) the Rules annexed to the Special Trade Passenger Ships Agreement, 1971, and

(ii) the Rules annexed to the Protocol on Space Requirements for Special Trade Passenger Ships, 1973, when it enters into force.

Regulation 2

Definitions

For the purpose of this Chapter, unless expressly provided otherwise:

(a) (i) A subdivision load line is a water-line used in determining the subdivision of the ship.

(ii) The deepest subdivision load line is the water-line which corresponds to the greatest draught permitted by the subdivision requirements which are applicable.

(b) The length of the ship is the length measured between perpendiculars taken at the extremities of the deepest subdivision load line.

(c) The breadth of the ship is the extreme width from outside of frame to outside of frame at or below the deepest subdivision load line.

(d) The draught is the vertical distance from the moulded base line amidships to the subdivision load line in question.

(e) The bulkhead deck is the uppermost deck up to which the transverse watertight bulkheads are carried.

(f) The margin line is a line drawn at least 76 millimetres (3 inches) below the upper surface of the bulkhead deck at side.

(g) The permeability of a space is the percentage of that space which can be occupied by water.

The volume of a space which extends above the margin line shall be measured only to the height of that line.

(h) The machinery space is to be taken as extending from the moulded base line to the margin line and between the extreme main transverse watertight bulkheads bounding the spaces containing the main and auxiliary propelling machinery, boilers serving the needs of propulsion, and all permanent coal bunkers.

In the case of unusual arrangements, the Administration may define the limits of the machinery spaces.


SCHEDULE 3—continued

“SCHEDULE 1—continued

(i) Passenger spaces are those which are provided for the accommodation and use of passengers, excluding baggage, store, provision and mail rooms.

For the purposes of Regulations 4 and 5 of this Chapter, spaces provided below the margin line for the accommodation and use of the crew shall be regarded as passenger spaces.

(j) In all cases volumes and areas shall be calculated to moulded lines.

PART B—SUBDIVISION AND STABILITY*

(Part B applies to passenger ships only, except that Regulation 19 also applies to cargo ships.)

Regulation 3

Floodable Length

(a) The floodable length at any point of the length of a ship shall be determined by a method of calculation which takes into consideration the form, draught and other characteristics of the ship in question.

(b) In a ship with a continuous bulkhead deck, the floodable length at a given point is the maximum portion of the length of the ship, having its centre at the point in question, which can be flooded under the definite assumptions set forth in Regulation 4 of this Chapter without the ship being submerged beyond the margin line.

(c) (i) In the case of a ship not having a continuous bulkhead deck, the floodable length at any point may be determined to an assumed continuous margin line which at no point is less than 76 millimetres (3 inches) below the top of the deck (at side) to which the bulkheads concerned and the shell are carried watertight.

(ii) Where a portion of an assumed margin line is appreciably below the deck to which bulkheads are carried, the Administration may permit a limited relaxation in the watertightness of those portions of the bulkheads which are above the margin line and immediately under the higher deck.

Regulation 4

Permeability

(a) The definite assumptions referred to in Regulation 3 of this Chapter relate to the permeabilities of the spaces below the margin line.

In determining the floodable length, a uniform average permeability shall be used throughout the whole length of each of the following portions of the ship below the margin line:

(i) the machinery space as defined in Regulation 2 of this Chapter;

(ii) the portion forward of the machinery space; and

(iii) the portion abaft the machinery space.

(b) (i) The uniform average permeability throughout the machinery space shall be determined from the formula

* Instead of the requirements in this Part, the Regulations on Subdivision and Stability of Passenger Ships as an Equivalent to Part B of Chapter II of the International Convention for the Safety of Life at Sea, 1960, adopted by the Organization by Resolution A.265 (VIII), may be used, if applied, in their entirety.


SCHEDULE 3—continued

“SCHEDULE 1—continued

where:

a = volume of the passenger spaces, as defined in Regulation 2 of this Chapter, which are situated below the margin line within the limits of the machinery space;

c = volume of between deck spaces below the margin line within the limits of the machinery space which are appropriated to cargo, coal or stores;

v = whole volume of the machinery space below the margin line.

(ii) Where it is shown to the satisfaction of the Administration that the average permeability as determined by detailed calculation is less than that given by the formula, the detailed calculated value may be used. For the purpose of such calculation, the permeabilities of passenger spaces, as defined in Regulation 2 of this Chapter, shall be taken as 95, that of all cargo, coal and store spaces as 60, and that of double bottom, oil fuel and other tanks at such values as may be approved in each case.

(c) Except as provided in paragraph (d) of this Regulation, the uniform average permeability throughout the portion of the ship before (or abaft) the machinery space shall be determined from the formula

63 + 35

a

v

where:

a = volume of the passenger spaces, as defined in Regulation 2 of this Chapter, which are situated below the margin line, before (or abaft) the machinery space, and

v = whole volume of the portion of the ship below the margin line before (or abaft) the machinery space.

(d) In the case of a ship which is permitted under paragraph (c) of Regulation 27 of Chapter III to carry a number of persons on board in excess of the lifeboat capacity provided, and is required under paragraph (d) of Regulation 1 of this Chapter to comply with special provisions, the uniform average permeability throughout the portion of the ship before (or abaft) the machinery space shall be determined from the formula

 

95−35

b

v

where:

b = the volume of the spaces below the margin line and above the tops of floors, inner bottom, or peak tanks, as the case may be, which are appropriated to and used as cargo spaces, coal or oil fuel bunkers, store-rooms, baggage and mail rooms, chain lockers and fresh water tanks, before (or abaft) the machinery space; and

v = whole volume of the portion of the ship below the margin line before (or abaft) the machinery space.

In the case of ships engaged on services where the cargo holds are not generally occupied by any substantial quantities of cargo, no part of the cargo spaces is to be included in calculating “b”.

(e) In the case of unusual arrangements the Administration may allow, or require, a detailed calculation of average permeability for the portions before or abaft the machinery space. For the purpose of such calculation, the permeability of passenger spaces as defined in Regulation 2 of this Chapter shall be taken as 95, that of spaces containing machinery as 85, that of all cargo, coal and store spaces as 60 and that of double bottom, oil fuel and other tanks at such value as may be approved in each case.

(f) Where a between deck compartment between two watertight transverse bulkheads contains any passenger or crew space, the whole of that compartment, less any space completely enclosed within permanent steel bulkheads and appropriated to other purposes, shall be regarded as passenger space. Where, however, the passenger or crew space in question is completely enclosed within permanent steel bulkheads, only the space so enclosed need be considered as passenger space.


SCHEDULE 3—continued

“SCHEDULE 1—continued

Regulation 5

Permissible Length of Compartments

(a) Ships shall be as efficiently subdivided as is possible having regard to the nature of the service for which they are intended. The degree of subdivision shall vary with the length of the ship and with the service, in such manner that the highest degree of subdivision corresponds with the ships of greatest length, primarily engaged in the carriage of passengers.

(b) Factor of Subdivision. The maximum permissible length of a compartment having its centre at any point in the ship’s length is obtained from the floodable length by multiplying the latter by an appropriate factor called the factor of subdivision.

The factor of subdivision shall depend on the length of the ship, and for a given length shall vary according to the nature of the service for which the ship is intended. It shall decrease in a regular and continuous manner:

(i) as the length of the ship increases, and

(ii) from a factor A, applicable to ships primarily engaged in the carriage of cargo, to a factor B, applicable to ships primarily engaged in the carriage of passengers.

The variations of the factors A and B shall be expressed by the following formulae (I) and (II) where L is the length of the ship as defined in Regulation 2 of this Chapter:

L in metres

A =

58.2

+ .18 (L= 131 and upwards)....................................................

(I)

L 60

L in feet

A =

190

+ .18 (L = 430 and upwards)

L 198

L in metres

B

30.3

+ .18 (L = 79 and upwards).....................................................

(II)

L 42

L in feet

B

100

+ .18 (L = 260 and upwards)

L 138

(c) Criterion of Service. For a ship of given length the appropriate factor of subdivision shall be determined by the Criterion of Service Numeral (hereinafter called the Criterion Numeral) as given by the following formulae (III) and (IV) where:

Cs = the Criterion Numeral;

L =   Length of the ship, as defined in Regulation 2 of this Chapter;

M = the volume of the machinery space, as defined in Regulation 2 of this Chapter; with the addition thereto of the volume of any permanent oil fuel bunkers which may be situated above the inner bottom and before or abaft the machinery space;

P = the whole volume of the passenger spaces below the margin line, as defined in Regulation 2 of this Chapter;

V = the whole volume of the ship below the margin line;

P1 = KN where:

N = number of passengers for which the ship is to be certified, and K has the following values:

 

Value of K

Length in metres and volumes in cubic metres

.056L

Length in feet and volumes in cubic feet

.6L



 

SCHEDULE 3—continued

“SCHEDULE 1—continued

Where the value of KN is greater than the sum of P and the whole volume of the actual passenger spaces above the margin line, the figure to be taken as P, is that sum or two-thirds KN, whichever is the greater.

When P1 is greater than P

Cs

= 72

M + 2P1

.................................................................................. (III)

V + P1 P

and in other cases

Cs

= 72

M + 2P

.................................................................................. (IV)

V

For ships not having a continuous bulkhead deck the volumes are to be taken up to the actual margin lines used in determining the floodable lengths.

(d) Rules for Subdivision of Ships other than those covered by paragraph (e) of this Regulation

(i) The subdivision abaft the forepeak of ships 131 metres (430 feet) in length and upwards having a criterion numeral of 23 or less shall be governed by the factor A given by formula (I); of those having a criterion numeral of 123 or more by the factor B given by formula (II); and of those having a criterion numeral between 23 and 123 by the factor F obtained by linear interpolation between the factors A and B, usine the formula:

F = A

(A B) (Cs23)

.................................................................................. (V)

100

Nevertheless, where the criterion numeral is equal to 45 or more and simultaneously the computed factor of subdivision as given by formula (V) is .65 or less, but more than .50, the subdivision abaft the forepeak shall be governed by the factor .50.

Where the factor F is less than .40 and it is shown to the satisfaction of the Administration to be impracticable to comply with the factor F in a machinery compartment of the ship, the subdivision of such compartment may be governed by an increased factor, which, however, shall not exceed .40.

(ii) The subdivision abaft the forepeak of ships less than 131 metres (430 feet) but not less than 79 metres (260 feet) in length having a criterion numeral equal to S, where

S =

3,574 25L

(L in metres) =

9,382 20L

(L in feet)

13

34

shall be governed by the factor unity; of those having a criterion numeral of 123 or more by the factor B given by the formula (II); of those having a criterion numeral between S and 123 by the factor F obtained by linear interpolation between unity and the factor B using the formula:

F =

1 (1 − B) (Cs − S)

.................................................................................... (VI)

123 S

(iii) The subdivision abaft the forepeak of ships less than 131 metres (430 feet) but not less than 79 metres (260 feet) in length and having a criterion numeral less than S, and of all ships less than 79 metres (260 feet) in length shall be governed by the factor unity, unless, in either case, it is shown to the satisfaction of the Administration to be impracticable to comply with this factor in any part of the ship, in which case the Administration may allow such relaxation as may appear to be justified, having regard to all the circumstances.

(iv) The provisions of sub-paragraph (iii) of this paragraph shall apply also to ships of whatever length, which are to be certified to carry a number of passengers exceeding 12 but not exceeding

L2

(in metres) =

L2

(in feet), or 50, whichever is the less.

650

7,000


SCHEDULE 3—continued

“SCHEDULE 1—continued

(e) Special Standards of Subdivision for Ships which are permitted under paragraph (c) of Regulation 27 of Chapter III to carry a number of persons on board in excess of the lifeboat capacity provided and are required under paragraph (d) of Regulation 1 of this Chapter to comply with special provisions

(i) (1) In the case of ships primarily engaged in the carriage of passengers, the subdivision abaft the forepeak shall be governed by a factor of .50 or by the factor determined according to paragraphs (c) and (d) of this Regulation, if less than .50.

(2) In the case of such ships less than 91.5 metres (300 feet) in length, if the Administration is satisfied that compliance with such factor would be impracticable in a compartment, it may allow the length of that compartment to be governed by a higher factor provided the factor used is the lowest that is practicable and reasonable in the circumstances.

(ii) Where, in the case of any ship whether less than 91.5 metres (300 feet) or not, the necessity of carrying appreciable quantities of cargo makes it impracticable to require the subdivision abaft the forepeak to be governed by a factor not exceeding .50, the standard of subdivision to be applied shall be determined in accordance with the following sub-paragraphs (1) to (5), subject to the condition that where the Administration is satisfied that insistence on strict compliance in any respect would be unreasonable, it may allow such alternative arrangement of the watertight bulkheads as appears to be justified on merits and will not diminish the general effectiveness of the subdivision.

(1) The provisions of paragraph (c) of this Regulation relating to the criterion numeral shall apply with the exception that in calculating the value of P1 for berthed passengers K is to have the value defined in paragraph (c) of this Regulation, or 3.55 cubic metres (125 cubic feet), whichever is the greater, and for unberthed passengers K is to have the value 3.55 cubic metres (125 cubic feet).

(2) The factor B in paragraph (b) of this Regulation shall be replaced by the factor BB determined by the following formula:

L in metres

BB =

17.6

+ .20 (L = 55 and upwards)

L 33

L in feet

BB =

57.6

+ .20 (L = 180 and upwards)

L 108

(3) The subdivision abaft the forepeak of ships 131 metres (430 feet) in length and upwards having a criterion numeral of 23 or less shall be governed by the factor A given by formula (I) in paragraph (b) of this Regulation; of those having a criterion numeral of 123 of more by the factor BB given by the formula in sub-paragraph (ii) (2) of this paragraph; and of those having a criterion numeral between 23 and 123 by the factor F obtained by linear interpolation between the factors A and BB, using the formula:

F = A

(A BB)(Cs − 23)

100

except that if the factor F so obtained is less than .50 the factor to be used shall be either .50 or the factor calculated according to the provisions of sub-paragraph (d) (i) of this Regulation, whichever is the smaller.


SCHEDULE 3—continued

“SCHEDULE 1—continued

(4) The subdivision abaft the forepeak of ships less than 131 metres (430 feet) but not less than 55 metres (180 feet) in length having a criterion numeral equal to S1 where

S1=

3,712 25L

(L in metres)

19

 

S1 =

1,950 4L

(L in feet)

10

shall be governed by the factor unity; of those having a criterion numeral of 123 or more by the factor BB given by the formula in sub-paragraph (ii) (2) of this paragraph; of those having a criterion numeral between S1 and 123 by the factor F obtained by linear interpolation between unity and the factor BB using the formula:

F = 1

(1 BB)(Cs − S1)

123 S1

except that in either of the two latter cases if the factor so obtained is less than .50 the subdivision may be governed by a factor not exceeding .50.

(5) The subdivision abaft the forepeak of ships less than 131 metres (430 feet) but not less than 55 metres (180 feet) in length and having a criterion numeral less than S1 and of all ships less than 55 metres (180 feet) in length shall be governed by the factor unity, unless it is shown to the satisfaction of the Administration to be impracticable to comply with this factor in particular compartments, in which event the Administration may allow such relaxations in respect of those compartments as appear to be justified, having regard to all the circumstances, provided that the aftermost compartment and as many as possible of the forward compartments (between the forepeak and the after end of the machinery space) shall be kept within the floodable length.

Regulation 6

Special Rules concerning Subdivision

(a) Where in a portion or portions of a ship the watertight bulkheads are carried to a higher deck than in the remainder of the ship and it is desired to take advantage of this higher extension of the bulkheads in calculating the floodable length, separate margin lines may be used for each such portion of the ship provided that:

(i) the sides of the ship are extended throughout the ship’s length to the deck corresponding to the upper margin line and all openings in the shell plating below this deck throughout the length of the ship are treated as being below a margin line, for the purposes of Regulation 14 of this Chapter; and

(ii) the two compartments adjacent to the “step” in the bulkhead deck are each within the permissible length corresponding to their respective margin lines, and, in addition, their combined length does not exceed twice the permissible length based on the lower margin line.

(b) (i) A compartment may exceed the permissible length determined by the rules of Regulation 5 of this Chapter provided the combined length of each pair of adjacent compartments to which the compartment in question is common does not exceed either the floodable length or twice the permissible length, whichever is the less.

(ii) If one of the two adjacent compartments is situated inside the machinery space, and the second is situated outside the machinery space, and the average permeability of the portion of the ship in which the second is situated differs from that of the machinery space, the combined length of the two compartments shall be adjusted to the mean average permeability of the two portions of the ship in which the compartments are situated.


SCHEDULE 3—continued

“SCHEDULE 1—continued

(iii) Where the two adjacent compartments have different factors of subdivision, the combined length of the two compartments shall be determined proportionately.

(c) In ships 100 metres (330 feet) in length and upwards, one of the main transverse bulkheads abaft the forepeak shall be fitted at a distance from forward perpendicular which is not greater than the permissible length.

(d) A main transverse bulkhead may be recessed provided that all parts of the recess lie inboard of vertical surfaces on both sides of the ship, situated at a distance from the shell plating equal to one-fifth the breadth of the ship, as defined in Regulation 2 of this Chapter, and measured at right angles to the centre line at the level of the deepest subdivision load line.

Any part of a recess which lies outside these limits shall be dealt with as a step in accordance with paragraph (e) of this Regulation.

(e) A main transverse bulkhead may be stepped provided that it meets one of the following conditions:

(i) the combined length of the two compartments, separated by the bulkhead in question, does not exceed either 90 per cent of the floodable length or twice the permissible length, except that in ships having a factor of subdivision greater than .9, the combined length of the two compartments in question shall not exceed the permissible length;

(ii) additional subdivision is provided in way of the step to maintain the same measure of safety as that secured by a plane bulkhead;

(iii) the compartment over which the step extends does not exceed the permissible length corresponding to a margin line taken 76 millimetres (3 inches) below the step.

(f) Where a main transverse bulkhead is recessed or stepped, an equivalent plane bulkhead shall be used in determining the subdivision.

(g) If the distance between two adjacent main transverse bulkheads, or their equivalent plane bulkheads, or the distance between the transverse planes passing through the nearest stepped portions of the bulkheads, is less than 3.05 metres (10 feet) plus 3 per cent of the length of the ship, or 10.67 metres (35 feet) whichever is the less, only one of these bulkheads shall be regarded as forming part of the subdivision of the ship in accordance with the provisions of Regulation 5 of this Chapter.

(h) Where a main transverse watertight compartment contains local subdivision and it can be shown to the satisfaction of the Administration that, after any assumed side damage extending over a length of 3.05 metres (10 feet) plus 3 per cent of the length of the ship, or 10.67 metres (35 feet) whichever is the less, the whole volume of the main compartment will not be flooded, a proportionate allowance may be made in the permissible length otherwise required for such compartment. In such a case the volume of the effective buoyancy assumed on the undamaged side shall not be greater than that assumed on the damaged side.

(i) Where the required factor of subdivision is .50 or less, the combined length of any two adjacent compartments shall not exceed the floodable length.

Regulation 7

Stability of Ships in Damaged Condition

(a) Sufficient intact stability shall be provided in all service conditions so as to enable the ship to withstand the final stage of flooding of any one main compartment which is required to be within the floodable length.

Where two adjacent main compartments are separated by a bulkhead which is stepped under the conditions of sub-paragraph (e) (i) of Regulation 6 of this Chapter the intact stability shall be adequate to withstand the flooding of those two adjacent main compartments.

Where the required factor of subdivision is .50 or less but more than .33 intact stability shall be adequate to withstand the flooding of any two adjacent main compartments.

Where the required factor of subdivision is .33 or less the intact stability shall be adequate to withstand the flooding of any three adjacent main compartments.


 

SCHEDULE 3—continued

“SCHEDULE 1—continued

(b)      (i) The requirements of paragraph (a) of this Regulation shall be determined by calculations which are in accordance with paragraphs (c), (d) and (f) of this Regulation and which take into consideration the proportions and design characteristics of the ship and the arrangement and configuration of the damaged compartments. In making these calculations the ship is to be assumed in the worst anticipated service condition as regards stability.

(ii) Where it is proposed to fit decks, inner skins or longitudinal bulkheads of sufficient tightness to seriously restrict the flow of water, the Administration shall be satisfied that proper consideration is given to such restrictions in the calculations.

(iii) In cases where the Administration considers the range of stability in the damaged condition to be doubtful, it may require investigation thereof.

(c) For the purpose of making damage stability calculations the volume and surface permeabilities shall be in general as follows:

Spaces

Permeability

Appropriated to Cargo, Coal or Stores

60

Occupied by Accommodation

95

Occupied by Machinery

85

Intended for Liquids

0 or 95*

Higher surface permeabilities are to be assumed in respect of spaces which, in the vicinity of the damage waterplane, contain no substantial quantity of accommodation or machinery and spaces which are not generally occupied by any substantial quantity of cargo or stores.

(d) Assumed extent of damage shall be as follows:

(i) longitudinal extent: 3.05 metres (10 feet) plus 3 per cent of the length of the ship, or 10.67 metres (35 feet) whichever is the less. Where the required factor of subdivision is .33 or less the assumed longitudinal extent of damage shall be increased as necessary so as to include any two consecutive main transverse watertight bulkheads;

(ii) transverse extent (measured inboard from the ship’s side, at right angles to the centre line at the level of the deepest subdivision load line): a distance of one-fifth of the breadth of the ship, as defined in Regulation 2 of this Chapter; and

(iii) vertical extent: from the base line upwards without limit.

(iv) If any damage of lesser extent than that indicated in sub-paragraphs (i), (ii) and (iii) of this paragraph would result in a more severe condition regarding heel or loss of metacentric height, such damage shall be assumed in the calculations.

(e) Unsymmetrical flooding is to be kept to a minimum consistent with efficient arrangements. Where it is necessary to correct large angles of heel, the means adopted shall, where practicable, be self-acting, but in any case where controls to cross-flooding fittings are provided they shall be operable from above the bulkhead deck. These fittings together with their controls as well as the maximum heel before equalization shall be acceptable to the Administration. Where cross-flooding fittings are required the time for equalization shall not exceed 15 minutes. Suitable information concerning the use of cross-flooding fittings shall be supplied to the master of the ship.

* Whichever results in the more severe requirements.

Reference is made to the Recommendation on a Standard Method for Establishing Compliance with the Requirements for Cross-Flooding Arrangements in Passenger Ships, adopted by the Organization by Resolution A.266(VIII).


SCHEDULE 3—continued

“SCHEDULE 1—continued

(f) The final conditions of the ship after damage and, in the case of unsymmetrical flooding, after equalization measures have been taken shall be as follows:

(i) in the case of symmetrical flooding there shall be a positive residual metacentric height of at least 50 millimetres (2 inches) as calculated by the constant displacement method;

(ii) in the case of unsymmetrical flooding the total heel shall not exceed seven degrees, except that, in special cases, the Administration may allow additional heel due to the unsymmetrical moment, but in no case shall the final heel exceed fifteen degrees;

(iii) in no case shall the margin line be submerged in the final stage of flooding. If it is considered that the margin line may become submerged during an intermediate stage of flooding, the Administration may require such investigations and arrangements as it considers necessary for the safety of the ship.

(g) The master of the ship shall be supplied with the data necessary to maintain sufficient intact stability under service conditions to enable the ship to withstand the critical damage. In the case of ships requiring cross-flooding the master of the ship shall be informed of the conditions of stability on which the calculations of heel are based and be warned that excessive heeling might result should the ship sustain damage when in a less favourable condition.

(h)      (i) No relaxation from the requirements for damage stability may be considered by the Administration unless it is shown that the intact metacentric height in any service condition necessary to meet these requirements is excessive for the service intended.

(ii) Relaxations from the requirements for damage stability shall be permitted only in exceptional cases and subject to the condition that the Administration is to be satisfied that the proportions, arrangements and other characteristics of the ship are the most favourable to stability after damage which can practically and reasonably be adopted in the particular circumstances.

Regulation 8

Ballasting

When ballasting with water is necessary, the water ballast should not in general be carried in tanks intended for oil fuel. In ships in which it is not practicable to avoid putting water in oil fuel tanks, oily-water separator equipment to the satisfaction of the Administration shall be fitted, or other alternative means acceptable to the Administration shall be provided for disposing of the oily-water ballast.

Regulation 9

Peak and Machinery Space Bulkheads, Shaft Tunnels, etc.

(a)       (i) A ship shall have a forepeak or collision bulkhead, which shall be watertight up to the bulkhead deck. This bulkhead shall be fitted not less than 5 per cent of the length of the ship, and not more than 3.05 metres (10 feet) plus 5 per cent of the length of the ship from the forward perpendicular.

(ii) If the ship has a long forward superstructure, the forepeak bulkhead shall be extended weathertight to the deck next above the bulkhead deck. The extension need not be fitted directly over the bulkhead below, provided it is at least 5 per cent of the length of the ship from the forward perpendicular, and the part of the bulkhead deck which forms the step is made effectively weathertight.

(b) An afterpeak bulkhead, and bulkheads dividing the machinery space, as defined in Regulation 2 of this Chapter, from the cargo and passenger spaces forward and aft, shall also be fitted and made watertight up to the bulkhead deck. The afterpeak bulkhead may, however, be stepped below the bulkhead deck, provided the degree of safety of the ship as regards subdivision is not thereby diminished.

(c) In all cases stern tubes shall be enclosed in watertight spaces of moderate volume. The stern gland shall be situated in a watertight shaft tunnel or other watertight space separate from the stern tube compartment and of such volume that, if flooded by leakage through the stern gland, the margin line will not be submerged.


SCHEDULE 3—continued

“SCHEDULE 1—continued

Regulation 10

Double Bottoms

(a) A double bottom shall be fitted extending from the forepeak bulkhead to the afterpeak bulkhead as far as this is practicable and compatible with the design and proper working of the ship.

(i) In ships 50 metres (165 feet) and under 61 metres (200 feet) in length a double bottom shall be fitted at least from the machinery space to the forepeak bulkhead, or as near thereto as practicable.

(ii) In ships 61 metres (200 feet) and under 76 metres (249 feet) in length a double bottom shall be fitted at least outside the machinery space, and shall extend to the fore and after peak bulkheads, or as near thereto as practicable.

(iii) In ships 76 metres (249 feet) in length and upwards, a double bottom shall be fitted amidships, and shall extend to the fore and after peak bulkheads, or as near thereto as practicable.

(b) Where a double bottom is required to be fitted its depth shall be to the satisfaction of the Administration and the inner bottom shall be continued out to the ship’s sides in such a manner as to protect the bottom to the turn of the bilge. Such protection will be deemed satisfactory if the line of intersection of the outer edge of the margin plate with the bilge plating is not lower at any part than a horizontal plane passing through the point of intersection with the frame line amidships of a transverse diagonal line inclined at 25 degrees to the base line and cutting it at a point one-half the ship’s moulded breadth from the middle line.

(c) Small wells constructed in the double bottom in connexion with drainage arrangements of holds, etc., shall not extend downwards more than necessary. The depth of the well shall in no case be more than the depth less 457 millimetres (18 inches) of the double bottom at the centreline, nor shall the well extend below the horizontal plane referred to in paragraph (b) of this Regulation. A well extending to the outer bottom is, however, permitted at the after end of the shaft tunnel of screw-ships. Other wells (e.g., for lubricating oil under main engines) may be permitted by the Administration if satisfied that the arrangements give protection equivalent to that afforded by a double bottom complying with this Regulation.

(d) A double bottom need not be fitted in way of watertight compartments of moderate size used exclusively for the carriage of liquids, provided the safety of the ship, in the event of bottom or side damage, is not, in the opinion of the Administration, thereby impaired.

(e) In the case of ships to which the provisions of paragraph (d) of Regulation 1 of this Chapter apply and which are engaged on regular service within the limits of a short international voyage as defined in Regulation 2 of Chapter III, the Administration may permit a double bottom to be dispensed with in any part of the ship which is subdivided by a factor not exceeding .50, if satisfied that the fitting of a double bottom in that part would not be compatible with the design and proper working of the ship.

Regulation 11

Assigning, Marking and Recording of Subdivision Load Lines

(a) In order that the required degree of subdivision shall be maintained, a load line corresponding to the approved subdivision draught shall be assigned and marked on the ship’s sides. A ship having spaces which are specially adapted for the accommodation of passengers and the carriage of cargo alternatively may, if the owners desire, have one or more additional load lines assigned and marked to correspond with the subdivision draughts which the Administration may approve for the alternative service conditions.

(b) The subdivision load lines assigned and marked shall be recorded in the Passenger Ship Safety Certificate, and shall be distinguished by the notation C.1 for the principal passenger condition, and C.2, C.3, etc., for the alternative conditions.

(c) The freeboard corresponding to each of these load lines shall be measured at the same position and from the same deck line as the freeboards determined in accordance with the International Convention respecting Load Lines in force.


SCHEDULE 3—continued

“SCHEDULE 1—continued

(d) The freeboard corresponding to each approved subdivision load line and the conditions of service for which it is approved, shall be clearly indicated on the Passenger Ship Safety Certificate.

(e) In no case shall any subdivision load line mark be placed above the deepest load line in salt water as determined by the strength of the ship and/or the International Convention respecting Load Lines in force.

(f) Whatever may be the position of the subdivision load line marks, a ship shall in no case be loaded so as to submerge the load line mark appropriate to the season and locality as determined in accordance with the International Convention respecting Load Lines in force.

(g) A ship shall in no case be so loaded that when she is in salt water the subdivision load line mark appropriate to the particular voyage and condition of service is submerged.

Regulation 12

Construction and Initial Testing of Watertight Bulkheads, etc.

(a) Each watertight subdivision bulkhead, whether transverse or longitudinal, shall be constructed in such a manner that it shall be capable of supporting, with a proper margin of resistance, the pressure due to the maximum head of water which it might have to sustain in the event of damage to the ship but at least the pressure due to a head of water up to the margin line. The construction of these bulkheads shall be to the satisfaction of the Administration.

(b)      (i) Steps and recesses in bulkheads shall be watertight and as strong as the bulkhead at the place where each occurs.

(ii) Where frames or beams pass through a watertight deck or bulkhead, such deck or bulkhead shall be made structurally watertight without the use of wood or cement.

(c) Testing main compartments by filling them with water is not compulsory. When testing by filling with water is not carried out, a hose test is compulsory; this test shall be carried out in the most advanced stage of the fitting out of the ship. In any case, a thorough inspection of the watertight bulkheads shall be carried out.

(d) The forepeak, double bottoms (including duct keels) and inner skins shall be tested with water to a head corresponding to the requirements of paragraph (a) of this Regulation.

(e) Tanks which are intended to hold liquids, and which form part of the subdivision of the ship, shall be tested for tightness with water to a head up to the deepest subdivision load line or to a head corresponding to two-thirds of the depth from the top of keel to the margin line in way of the tanks, whichever is the greater; provided that in no case shall the test head be less than 0.92 metres (3 feet) above the top of the tank.

(f) The tests referred to in paragraphs (d) and (e) of this Regulation are for the purpose of ensuring that the subdivision structural arrangements are watertight and are not to be regarded as a test of the fitness of any compartment for the storage of oil fuel or for other special purposes for which a test of a superior character may be required depending on the height to which the liquid has access in the tank or its connexions.

Regulation 13

Openings in Watertight Bulkheads

(a) The number of openings in watertight bulkheads shall be reduced to the minimum compatible with the design and proper working of the ship; satisfactory means shall be provided for closing these openings.

(b)      (i) Where pipes, scuppers, electric cables, etc. are carried through watertight subdivision bulkheads, arrangements shall be made to ensure the integrity of the watertightness of the bulkheads.

(ii) Valves and cocks not forming part of a piping system shall not be permitted in watertight subdivision bulkheads.

(iii) Lead or other heat sensitive materials shall not be used in systems which penetrate watertight subdivision bulkheads, where deterioration of such systems in the event of fire would impair the watertight integrity of the bulkheads.


SCHEDULE 3—continued

“SCHEDULE 1—continued

(c)       (i) No doors, manholes, or access openings are permitted:

(1) in the collision bulkhead below the margin line;

(2) in watertight tranverse bulkheads dividing a cargo space from an adjoining cargo space or from a permanent or reserve bunker, except as provided in paragraph (1) of this Regulation.

(ii) Except as provided in sub-paragraph (iii) of this paragraph, the collision bulkhead may be pierced below the margin line by not more than one pipe for dealing with fluid in the forepeak tank, provided that the pipe is fitted with a screwdown valve capable of being operated from above the bulkhead deck, the valve chest being secured inside the forepeak to the collision bulkhead.

(iii) If the forepeak is divided to hold two different kinds of liquids the Administration may allow the collision bulkhead to be pierced below the margin line by two pipes, each of which is fitted as required by sub-paragraph (ii) of this paragraph, provided the Administration is satisfied that there is no practical alternative to the fitting of such a second pipe and that, having regard to the additional subdivision provided in the forepeak, the safety of the ship is maintained.

(d)      (i) Watertight doors fitted in bulkheads between permanent and reserve bunkers shall be always accessible, except as provided in sub-paragraph (ii) of paragraph (k) of this Regulation for between deck bunker doors.

(ii) Satisfactory arrangements shall be made by means of screens or otherwise to prevent the coal from interfering with the closing of watertight bunker doors.

(e) Within spaces containing the main and auxiliary propelling machinery including boilers serving the needs of propulsion and all permanent bunkers, not more than one door apart from the doors to bunkers and shaft tunnels may be fitted in each main transverse bulkhead. Where two or more shafts are fitted the tunnels shall be connected by an intercommunicating passage. There shall be only one door between the machinery space and the tunnel spaces where two shafts are fitted and only two doors where there are more than two shafts. All these doors shall be of the sliding type and shall be located so as to have their sills as high as practicable. The hand gear for operating these doors from above the bulkhead deck shall be situated outside the spaces containing the machinery if this is consistent with a satisfactory arrangement of the necessary gearing.

(f)       (i) Watertight doors shall be sliding doors or hinged doors or doors of an equivalent type. Plate doors secured only by bolts and doors required to be closed by dropping or by the action of a dropping weight are not permitted.

(ii) Sliding doors may be either:

hand-operated only, or

power-operated as well as hand-operated.

(iii) Authorized watertight doors may therefore be divided into three Classes:

Class 1—hinged doors;

Class 2—hand-operated sliding doors;

Class 3—sliding doors which are power-operated as well as hand-operated.

(iv) The means of operation of any watertight door whether power-operated or not shall be capable of closing the door with the ship listed to 15 degrees either way.

(v) In all classes of watertight doors indicators shall be fitted which show, at all operating stations from which the doors are not visible, whether the doors are open or closed. If any of the watertight doors, of whatever Class, is not fitted so as to enable it to be closed from a central control station, it shall be provided with a mechanical, electrical, telephonic, or any other suitable direct means of communication, enabling the officer of the watch promptly to contact the person who is responsible for closing the door in question, under previous orders.

(g) Hinged doors (Class 1) shall be fitted with quick action closing devices, such as catches, workable from each side of the bulkhead.

(h) Hand-operated sliding doors (Class 2) may have a horizontal or vertical motion. It shall be possible to operate the mechanism at the door itself from either side, and in addition, from an accessible position above the bulkhead deck, with an all round crank motion, or


SCHEDULE 3—continued

“SCHEDULE 1—continued

some other movement providing the same guarantee of safety and of an approved type. Departures from the requirement of operation on both sides may be allowed, if this requirement is impossible owing to the layout of the spaces. When operating a hand gear the time necessary for the complete closure of the door with the vessel upright, shall not exceed 90 seconds.

(i)       (i) Power-operated sliding doors (Class 3) may have a vertical or horizontal motion. If a door is required to be power-operated from a central control, the gearing shall be so arranged that the door can be operated by power also at the door itself from both sides. The arrangement shall be such that the door will close automatically if opened by local control after being closed from the central control, and also such that any door can be kept closed by local systems which will prevent the door from being opened from the upper control. Local control handles in connexion with the power gear shall be provided each side of the bulkhead and shall be so arranged as to enable persons passing through the doorway to hold both handles in the open position without being able to set the closing mechanism in operation accidentally. Power-operated sliding doors shall be provided with hand gear workable at the door itself on either side and from an accessible position above the bulkhead deck, with an all round crank motion or some other movement providing the same guarantee of safety and of an approved type. Provision shall be made to give warnings by sound signal that the door has begun to close and will continue to move until it is completely closed. The door shall take a sufficient time to close to ensure safety.

(ii) There shall be at least two independent power sources capable of opening and closing all the doors under control, each of them capable of operating all the doors simultaneously. The two power sources shall be controlled from the central station on the bridge provided with all the necessary indicators for checking that each of the two power sources is capable of giving the required service satisfactorily.

(iii) In the case of hydraulic operation, each power source shall consist of a pump capable of closing all doors in not more than 60 seconds. In addition, there shall be for the whole installation hydraulic accumulators of sufficient capacity to operate all the doors at least three times, i.e., closed-open-closed. The fluid used shall be one which does not freeze at any of the temperatures liable to be encountered by the ship during its service.

(j)       (i) Hinged watertight doors (Class 1) in passenger, crew and working spaces are only permitted above a deck the underside of which, at its lowest point at side, is at least 2.13 metres (7 feet) above the deepest subdivision load line.

(ii) Watertight doors, the sills of which are above the deepest load line and below the line specified in the preceding sub-paragraph shall be sliding doors and may be hand-operated (Class 2), except in vessels engaged on short international voyages and required to have a factor of subdivision of .50 or less in which all such doors shall be power-operated. When trunkways in connexion with refrigerated cargo and ventilation or forced draught ducts are carried through more than one main watertight subdivision bulkhead, the doors at such openings shall be operated by power.

(k)      (i) Watertight doors which may sometimes be opened at sea, and the sills of which are below the deepest subdivision load line shall be sliding doors. The following rules shall apply:

(1) when the number of such doors (excluding doors at entrances to shaft tunnels) exceeds five, all of these doors and those at the entrance to shaft tunnels or ventilation or forced draught ducts, shall be powered-operated (Class 3) and shall be capable of being simultaneously closed from a central station situated on the bridge;


SCHEDULE 3—continued

“SCHEDULE 1—continued

(2) when the number of such doors (excluding doors at entrances to shaft tunnels) is greater than one, but does not exceed five,

(a) where the ship has no passenger spaces below the bulkhead deck, all the above-mentioned doors may be hand-operated (Class 2);

(b) where the ship has passenger spaces below the bulkhead deck all the above-mentioned doors shall be power-operated (Class 3) and shall be capable of being simultaneously closed from a central station situated on the bridge;

(3) in any ship where there are only two such watertight doors and they are into or within the space containing machinery, the Administration may allow these two doors to be hand-operated only (Class 2).

(ii) If sliding watertight doors which have sometimes to be open at sea for the purpose of trimming coal are fitted between bunkers in the between decks below the bulkhead deck, these doors shall be operated by power. The opening and closing of these doors shall be recorded in such log book as may be prescribed by the Administration.

(l)       (i) If the Administration is satisfied that such doors are essential, watertight doors of satisfactory construction may be fitted in watertight bulkheads dividing cargo between deck spaces. Such doors may be hinged, rolling or sliding doors but shall not be remotely controlled. They shall be fitted at the highest level and as far from the shell plating as practicable, but in no case shall the outboard vertical edges be situated at a distance from the shell plating which is less than one-fifth of the breadth of the ship, as defined in Regulation 2 of this Chapter, such distance being measured at right angles to the centre line of the ship at the level of the deepest subdivision load line.

(ii) Such doors shall be closed before the voyage commences and shall be kept closed during navigation; and the time of opening such doors in port and of closing them before the ship leaves port shall be entered in the log book. Should any of the doors be accessible during the voyage, they shall be fitted with a device which prevents unauthorized opening. When it is proposed to fit such doors, the number and arrangements shall receive the special consideration of the Administration.

(m) Portable plates on bulkheads shall not be permitted except in machinery spaces. Such plates shall always be in place before the ship leaves port, and shall not be removed during navigation except in case of urgent necessity. The necessary precautions shall be taken in replacing them to ensure that the joints shall be watertight.

(n) All watertight doors shall be kept closed during navigation except when necessarily opened for the working of the ship, and shall always be ready to be immediately closed.

(o)      (i) Where trunkways or tunnels for access from crew accommodation to the stokehold, for piping, or for any other purpose are carried through main transverse watertight bulkheads, they shall be watertight and in accordance with the requirements of Regulation 16 of this Chapter. The access to at least one end of each such tunnel or trunkway, if used as a passage at sea, shall be through a trunk extending watertight to a height sufficient to permit access above the margin line. The access to the other end of the trunkway or tunnel may be through a watertight door of the type required by its location in the ship. Such trunkways or tunnels shall not extend through the first subdivision bulkhead abaft the collision bulkhead.

(ii) Where it is proposed to fit tunnels or trunkways for forced draught, piercing main transverse watertight bulkheads, these shall receive the special consideration of the Administration.

Regulation 14

Openings in the Shell Plating below the Margin Line

(a) The number of openings in the shell plating shall be reduced to the minimum compatible with the design and proper working of the ship.

(b) The arrangement and efficiency of the means for closing any opening in the shell plating shall be consistent with its intended purpose and the position in which it is fitted and generally to the satisfaction of the Administration.


SCHEDULE 3—continued

“SCHEDULE 1—continued

(c)       (i) If in a between decks, the sills of any sidescuttles are below a line drawn parallel to the bulkhead deck at side and having its lowest point 2½ per cent of the breadth of the ship above the deepest subdivision load line, all sidescuttles in that between deck shall be of the non-opening type.

(ii) All sidescuttles the sills of which are below the margin line, other than those required to be of a non-opening type by sub-paragraph (i) of this paragraph, shall be of such construction as will effectively prevent any person opening them without the consent of the master of the ship.

(iii)      (1) Where in a between decks, the sills of any of the sidescuttles referred to in sub-paragraph (ii) of this paragraph are below a line drawn parallel to the bulkhead deck at side and having its lowest point 1.37 metres (4½ feet) plus 2½ per cent of the breadth of the ship above the water when the ship departs from any port, all the sidescuttles in that between decks shall be closed watertight and locked before the ship leaves port, and they shall not be opened before the ship arrives at the next port. In the application of this sub-paragraph the appropriate allowance for fresh water may be made when applicable.

(2) The time of opening such sidescuttles in port and of closing and locking them before the ship leaves port shall be entered in such log book as may be prescribed by the Administration.

(3) For any ship that has one or more sidescuttles so placed that the requirements of clause (1) of this sub-paragraph would apply when she was floating at her deepest subdivision load line, the Administration may indicate the limiting mean draught at which these sidescuttles will have their sills above the line drawn parallel to the bulkhead deck at side, and having its lowest point 1.37 metres (4½ feet) plus 2½ per cent of the breadth of the ship above the water-line corresponding to the limiting mean draught, and at which it will therefore be permissible to depart from port without previously closing and locking them and to open them at sea on the responsibility of the master during the voyage to the next port. In tropical zones as defined in the International Convention respecting Load Lines in force, this limiting draught may be increased by 0.305 metres (1 foot).

(d) Efficient hinged inside deadlights arranged so that they can be easily and effectively closed and secured watertight shall be fitted to all sidescuttles except that abaft one-eighth of the ship’s length from the forward perpendicular and above a line drawn parallel to the bulkhead deck at side and having its lowest point at a height of 3.66 metres (12 feet) plus 2½ per cent of the breadth of the ship above the deepest subdivision load line, the deadlights may be portable in passenger accommodation other than that for steerage passengers, unless the deadlights are required by the International Convention respecting Load Lines in force to be permanently attached in their proper positions. Such portable deadlights shall be stowed adjacent to the sidescuttles they serve.

(e) Sidescuttles and their deadlights, which will not be accessible during navigation, shall be closed and secured before the ship leaves port.

(f)       (i) No sidescuttles shall be fitted in any spaces which are appropriated exclusively to the carriage of cargo or coal.

(ii) Sidescuttles may, however, be fitted in spaces appropriated alternatively to the carriage of cargo or passengers, but they shall be of such construction as will effectively prevent any person opening them or their deadlights without the consent of the master of the ship.

(iii) If cargo is carried in such spaces, the sidescuttles and their deadlights shall be closed watertight and locked before the cargo is shipped and such closing and locking shall be recorded in such log book as may be prescribed by the Administration.

 

(g) Automatic ventilating sidescuttles shall not be fitted in the shell plating below the margin line without the special sanction of the Administration.


SCHEDULE 3—continued

“SCHEDULE 1—continued

(h) The number of scuppers, sanitary discharges and other similar openings in the shell plating shall be reduced to the minimum either by making each discharge serve for as many as possible of the sanitary and other pipes, or in any other satisfactory manner.

(i)       (i) All inlets and discharges in the shell plating shall be fitted with efficient and accessible arrangements for preventing the accidental admission of water into the ship. Lead or other heat sensitive materials shall not be used for pipes fitted outboard of shell valves in inlets or discharges, or any other application where the deterioration of such pipes in the event of fire would give rise to danger of flooding.

(ii)       (1) Except as provided in sub-paragraph (iii) of this paragraph, each separate discharge led through the shell plating from spaces below the margin line shall be provided either with one automatic non-return valve fitted with a positive means of closing it from above the bulkhead deck, or, alternatively, with two automatic non-return valves without such means, the upper of which is so situated above the deepest subdivision load line as to be always accessible for examination under service conditions, and is of a type which is normally closed.

(2) Where a valve with positive means of closing is fitted, the operating position above the bulkhead deck shall always be readily accessible, and means shall be provided for indicating whether the valve is open or closed.

(iii) Main and auxiliary sea inlets and discharges in connexion with machinery shall be fitted with readily accessible cocks or valves between the pipes and shell plating or between the pipes and fabricated boxes attached to the shell plating.

(j)       (i) Gangway, cargo and coaling ports fitted below the margin line shall be of sufficient strength. They shall be effectively closed and secured watertight before the ship leaves port, and shall be kept closed during navigation.

(ii) Such ports shall be in no case fitted so as to have their lowest point below the deepest subdivision load line.

(k)      (i) The inboard opening of each ash-shoot, rubbish-shoot, etc., shall be fitted with an efficient cover.

(ii) If the inboard opening is situated below the margin line, the cover shall be watertight, and in addition an automatic non-return valve shall be fitted in the shoot in an easily accessible position above the deepest subdivision load line. When the shoot is not in use both the cover and the valve shall be kept closed and secured.

Regulation 15

Construction and Initial Tests of Watertight Doors, Sidescuttles, etc.

(a)       (i) The design, materials and construction of all watertight doors, sidescuttles, gangway, cargo and coaling ports, valves, pipes, ash-shoots and rubbish-shoots referred to in these Regulations shall be to the satisfaction of the Administration.

(ii) The frames of vertical watertight doors shall have no groove at the bottom in which dirt might lodge and prevent the door closing properly.

(iii) All cocks and valves for sea inlets and discharges below the bulkhead deck and all fittings outboard of such cocks and valves shall be made of steel, bronze or other approved ductile material. Ordinary cast iron or similar materials shall not be used.

(b) Each watertight door shall be tested by water pressure to a head up to the bulkhead deck. The test shall be made before the ship is put in service, either before or after the door is fitted.


SCHEDULE 3—continued

“SCHEDULE 1—continued

Regulation 16

Construction and Initial Tests of Watertight Decks, Trunks, etc.

(a) Watertight decks, trunks, tunnels, duct keels and ventilators shall be of the same strength as watertight bulkheads at corresponding levels. The means used for making them watertight, and the arrangements adopted for closing openings in them, shall be to the satisfaction of the Administration. Watertight ventilators and trunks shall be carried at least up to the bulkhead deck.

(b) After completion, a hose or flooding test shall be applied to watertight decks and a hose test to watertight trunks, tunnels and ventilators.

Regulation 17

Watertight Integrity above the Margin Line

(a) The Administration may require that all reasonable and practicable measures shall be taken to limit the entry and spread of water above the bulkhead deck. Such measures may include partial bulkheads or webs. When partial watertight bulkheads and webs are fitted on the bulkhead deck, above or in the immediate vicinity of main subdivision bulkheads, they shall have watertight shell and bulkhead deck connexions so as to restrict the flow of water along the deck when the ship is in a heeled damaged condition. Where the partial watertight bulkhead does not line up with the bulkhead below, the bulkhead deck between shall be made effectively watertight.

(b) The bulkhead deck or a deck above it shall be weathertight in the sense that in ordinary sea conditions water will not penetrate in a downward direction. All openings in the exposed weather deck shall have coamings of ample height and strength and shall be provided with efficient means for expeditiously closing them weathertight. Freeing ports, open rails and/or scuppers shall be fitted as necessary for rapidly clearing the weather deck of water under all weather conditions.

(c) Sidescuttles, gangway, cargo and coaling ports and other means for closing openings in the shell plating above the margin line shall be of efficient design and construction and of sufficient strength having regard to the spaces in which they are fitted and their positions relative to the deepest subdivision load line.

(d) Efficient inside deadlights, arranged so that they can be easily and effectively closed and secured watertight, shall be provided for all sidescuttles to spaces below the first deck above the bulkhead deck.

Regulation 18

Bilge Pumping Arrangements in Passenger Ships

(a) Ships shall be provided with an efficient bilge pumping plant capable of pumping from and draining any watertight compartment which is neither a permanent oil compartment nor a permanent water compartment under all practicable conditions after a casualty whether the ship is upright or listed. For this purpose wing suctions will generally be necessary except in narrow compartments at the ends of the ship, where one suction may be sufficient. In compartments of unusual form, additional suctions may be required. Arrangements shall be made whereby water in the compartment may find its way to the suction pipes. Where in relation to particular compartments the Administration is satisfied that the provision of drainage may be undesirable, it may allow such provision to be dispensed with if calculations made in accordance with the conditions laid down in paragraph (b) of Regulation 7 of this Chapter show that the safety of the ship will not be impaired. Efficient means shall be provided for draining water from insulated holds.

(b)      (i) Ships shall have at least three power pumps connected to the bilge main, one of which may be attached to the propelling unit. Where the criterion numeral is 30 or more, one additional independent power pump shall be provided.


SCHEDULE 3—continued

“SCHEDULE 1—continued

(ii) The requirements are summarized in the following table:

Criterion numeral

Less than 30

30 and over

Main engine pump (may be replaced by one independent pump)

1

1

Independent pumps...............................................................

2

3

(iii) Sanitary, ballast and general service pumps may be accepted as independent power bilge pumps if fitted with the necessary connexions to the bilge pumping system.

(c) Where practicable, the power bilge pumps shall be placed in separate watertight compartments so arranged or situated that these compartments will not readily be flooded by the same damage. If the engines and boilers are in two or more watertight compartments, the pumps available for bilge service shall be distributed throughout these compartments as far as is possible.

(d) On ships 91.5 metres (300 feet) or more in length or having a criterion numeral of 30 or more, the arrangements shall be such that at least one power pump shall be available for use in all ordinary circumstances in which a ship may be flooded at sea. This requirement will be satisfied if:

(i) one of the required pumps is an emergency pump of a reliable submersible type having a source of power situated above the bulkhead deck; or

(ii) the pumps and their sources of power are so disposed throughout the length of the ship that under any condition of flooding which the ship is required to withstand, at least one pump in an undamaged compartment will be available.

(e) With the exception of additional pumps which may be provided for peak compartments only, each required bilge pump shall be arranged to draw water from any space required to be drained by paragraph (a) of this Regulation.

(f)       (i) Each power bilge pump shall be capable of giving a speed of water through the required main bilge pipe of not less than 122 metres (400 feet) per minute. Independent power bilge pumps situated in machinery spaces shall have direct suctions from these spaces, except that not more than two such suctions shall be required in any one space. Where two or more such suctions are provided there shall be at least one on the port side and one on the starboard side. The Administration may require independent power bilge pumps situated in other spaces to have separate direct suctions. Direct suctions shall be suitably arranged and those in a machinery space shall be of a diameter not less than that required for the bilge main.

(ii) In coal-burning ships there shall be provided in the stokehold, in addition to the other suctions required by this Regulation, a flexible suction hose of suitable diameter and sufficient length, capable of being connected to the suction side of an independent power pump.

(g)       (i) In addition to the direct bilge suction or suctions required by paragraph (f) of this Regulation there shall be in the machinery space a direct suction from the main circulating pump leading to the drainage level of the machinery space and fitted with a non-return valve. The diameter of this direct suction pipe shall be at least two-thirds of the diameter of the pump inlet in the case of steamships, and of the same diameter as the pump inlet in the case of motorships.

(ii) Where in the opinion of the Administration the main circulating pump is not suitable for this purpose, a direct emergency bilge suction shall be led from the largest available independent power driven pump to the drainage level of the machinery space; the suction shall be of the same diameter as the main inlet of the pump used. The capacity of the pump so connected shall exceed that of a required bilge pump by an amount satisfactory to the Administration.

(iii) The spindles of the sea inlet and direct suction valves shall extend well above the engine room platform.


SCHEDULE 3—continued

“SCHEDULE 1—continued

(iv) Where the fuel is, or may be, coal and there is no watertight bulkhead between the engines and the boilers, a direct discharge overboard or alternatively a by-pass to the circulating pump discharge, shall be fitted from any circulating pump used in compliance with sub-paragraph (i) of this paragraph.

(h)      (i) All pipes from the pumps which are required for draining cargo or machinery spaces shall be entirely distinct from pipes which may be used for filling or emptying spaces where water or oil is carried.

(ii) All bilge pipes used in or under coal bunkers or fuel storage tanks or in boiler or machinery spaces, including spaces in which oil-settling tanks or oil fuel pumping units are situated, shall be of steel or other approved material.

(i) The diameter of the bilge main shall be calculated according to the following formulae provided that the actual internal diameter of the bilge main may be of the nearest standard size acceptable to the Administration:

i

where: d = internal diameter of the bilge main in millimetres,

L and B are the length and the breadth of the ship in metres, as defined in Regulation 2 of this Chapter, and

D = moulded depth of the ship to bulkhead deck in metres;

or

where: d = internal diameter of the bilge main in inches,

L and B are the length and the breadth of the ship in feet, as defined in Regulation 2 of this Chapter, and

D = moulded depth of the ship to bulkhead deck in feet.

The diameter of the bilge branch pipes shall be determined by rules to be made by the Administration.

(j) The arrangement of the bilge and ballast pumping system shall be such as to prevent the possibility of water passing from the sea and from water ballast spaces into the cargo and machinery spaces, or from one compartment to another. Special provision shall be made to prevent any deep tank having bilge and ballast connexions being inadvertently run up from the sea when containing cargo, or pumped out through a bilge pipe when containing water ballast.

(k) Provision shall be made to prevent the compartment served by any bilge suction pipe being flooded in the event of the pipe being severed, or otherwise damaged by collision or grounding in any other compartment. For this purpose, where the pipe is at any part situated nearer the side of the ship than one-fifth the breadth of the ship (measured at right angles to the centre line at the level of the deepest subdivision load line), or in a duct keel, a non-return valve shall be fitted to the pipe in the compartment containing the open end.

(l) All the distribution boxes, cocks and valves in connexion with the bilge pumping arrangements shall be in positions which are accessible at all times under ordinary circumstances. They shall be so arranged that, in the event of flooding, one of the bilge pumps may be operative on any compartment; in addition, damage to a pump or its pipe connecting to the bilge main outboard of a line drawn at one-fifth of the breadth of the ship shall not put the bilge system out of action. If there is only one system of pipes common to all the pumps, the necessary cocks or valves for controlling the bilge suctions must be capable of being operated from above the bulkhead deck. Where in addition to the main bilge pumping system an emergency bilge pumping system is provided, it shall be independent of the main system and so arranged that a pump is capable of operating on any compartment under flooding conditions; in that case only the cocks and valves necessary for the operation of the emergency system need be capable of being operated from above the bulkhead deck.


SCHEDULE 3—continued

“SCHEDULE 1—continued

(m) All cocks and valves mentioned in paragraph (1) of this Regulation which can be operated from above the bulkhead deck shall have their controls at their place of operation clearly marked and provided with means to indicate whether they are open or closed.

Regulation 19

Stability Information for Passenger Ships and Cargo Ships*

(a) Every passenger ship and cargo ship shall be inclined upon its completion and the elements of its stability determined. The master shall be supplied with such reliable information as is necessary to enable him by rapid and simple processes to obtain accurate guidance as to the stability of the ship under varying conditions of service, and a copy shall be furnished to the Administration.

(b) Where any alterations are made to a ship so as to materially affect the stability information supplied to the master, amended stability information shall be provided. If necessary the ship shall be re-inclined.

(c) The Administration may allow the inclining test of an individual ship to be dispensed with provided basic stability data are available from the inclining test of a sister ship and it is shown to the satisfaction of the Administration that reliable stability information for the exempted ship can be obtained from such basic data.

(d) The Administration may also allow the inclining test of an individual ship or class of ships, especially designed for the carriage of liquids or ore in bulk, to be dispensed with when reference to existing data for similar ships clearly indicates that due to the ship’s proportions and arrangements more than sufficient metacentric height will be available in all probable loading conditions.

Regulation 20

Damage Control Plans

There shall be permanently exhibited, for the guidance of the officer in charge of the ship, plans showing clearly for each deck and hold the boundaries of the watertight compartments, the openings therein with the means of closure and position of any controls thereof, and the arrangements for the correction of any list due to flooding. In addition, booklets containing the aforementioned information shall be made available to the officers of the ship.

Regulation 21

Marking, Periodical Operation and Inspection of Watertight Doors, etc.

(a) This Regulation applies to new and existing ships.

(b) Drills for the operating of watertight doors, sidescuttles, valves and closing mechanisms of scuppers, ash-shoots and rubbish-shoots shall take place weekly. In ships in which the voyage exceeds one week in duration a complete drill shall be held before leaving port, and others thereafter at least once a week during the voyage. In all ships all watertight power doors and hinged doors, in main transverse bulkheads, in use at sea, shall be operated daily.

(c)       (i) The watertight doors and all mechanisms and indicators connected therewith, all valves the closing of which is necessary to make a compartment watertight, and all valves the operation of which is necessary for damage control cross connexions shall be periodically inspected at sea at least once a week.

(ii) Such valves, doors and mechanisms shall be suitably marked to ensure that they may be properly used to provide maximum safety.

* Reference is made to the Recommendation on Intact Stability for Passenger and Cargo Ships under 100 metres in length, adopted by the Organization by Resolution A.167 (ES.IV) and Amendments to this Recommendation, adopted by the Organization by Resolution A.206 (VII).


SCHEDULE 3—continued

“SCHEDULE 1—continued

Regulation 22

Entries in Log

(a) This Regulation applies to new and existing ships.

(b) Hinged doors, portable plates, sidescuttles, gangway, cargo and coaling ports and other openings, which are required by these Regulations to be kept closed during navigation, shall be closed before the ship leaves port. The time of closing and the time of opening (if permissible under these Regulations) shall be recorded in such log book as may be prescribed by the Administration.

(c) A record of all drills and inspections required by Regulation 21 of this Chapter shall be entered in the log book with an explicit record of any defects which may be disclosed.

PART C—MACHINERY AND ELECTRICAL INSTALLATIONS*

(Part C applies to passenger ships and cargo ships)

Regulation 23

General

(a) Electrical installations in passenger ships shall be such that:

(i) services essential for safety will be maintained under various emergency conditions; and

(ii) the safety of passengers, crew and ship from electrical hazards will be assured.

(b) Cargo ships shall comply with Regulations 26, 27, 28, 29, 30 and 32 of this Chapter.

Regulation 24

Main Source of Electrical Power in Passenger Ships

(a) Every passenger ship, the electrical power of which constitutes the only means of maintaining the auxiliary services indispensable for the propulsion and the safety of the ship, shall be provided with at least two main generating sets. The power of these sets shall be such that it shall still be possible to ensure the functioning of the services referred to in sub-paragraph (a) (i) of Regulation 23 of this Chapter in the event of any one of these generating sets being stopped.

(b) In a passenger ship where there is only one main generating station, the main switchboard shall be located in the same main fire zone. Where there is more than one main generating station, it is permissible to have only one main switchboard.

Regulation 25

Emergency Source of Electrical Power in Passenger Ships

(a) There shall be above the bulkhead deck and outside the machinery casings a self-contained emergency source of electrical power. Its location in relation to the main source or sources of electrical power shall be such as to ensure to the satisfaction of the Administration that a fire or other casualty to the machinery space as defined in paragraph (h) of Regulation 2 of this Chapter will not interfere with the supply or distribution of emergency power. It shall not be forward of the collision bulkhead.

(b) The power available shall be sufficient to supply all those services that are, in the opinion of the Administration, necessary for the safety of the passengers and the crew in an emergency, due regard being paid to such services as may have to be operated simultaneously. Special consideration shall be given to emergency lighting at every boat station on deck and oversides, in all alleyways, stairways and exits, in the machinery spaces and in the control stations as defined in paragraph (r) of Regulation 3 of Chapter II—2, to the sprinkler pump, to navigation lights, and to the daylight signalling lamp if

* Reference is made to the Recommendation on Safety Measures for Periodically Unattended Machinery Spaces of Cargo Ships additional to those normally considered necessary for an Attended Machinery Space, adopted by the Organization by Resolution A.211 (VII).


SCHEDULE 3—continued

“SCHEDULE 1—continued

operated from the main source of power. The power shall be adequate for a period of 36 hours, except that, in the case of ships engaged regularly on voyages of short duration, the Administration may accept a lesser supply if satisfied that the same standard of safety would be attained.

(c) The emergency source of power may be either:

(i) a generator driven by a suitable prime-mover with an independent fuel supply and with approved starting arrangements; the fuel used shall have a flashpoint of not less than 43°C (110°F); or

(ii) an accumulator (storage) battery capable of carrying the emergency load without recharging or excessive voltage drop.

(d)      (i) Where the emergency source of power is a generator there shall be provided a temporary source of emergency power consisting of an accumulator battery of sufficient capacity:

(1) to supply emergency lighting continuously for half an hour;

(2) to close the watertight doors (if electrically operated) but not necessarily to close them all simultaneously;

(3) to operate the indicators (if electrically operated) which show whether power-operated watertight doors are open or closed; and

(4) to operate the sound signals (if electrically operated) which give warning that power-operated watertight doors are about to close.

The arrangements shall be such that the temporary source of emergency power will come into operation automatically in the event of failure of the main electrical supply.

(ii) Where the emergency source of power is an accumulator battery, arrangements shall be made to ensure that emergency lighting will automatically come into operation in the event of failure of the main lighting supply.

(e) An indicator shall be mounted in the machinery space, preferably on the main switchboard, to indicate when any accumulator battery fitted in accordance with this Regulation is being discharged.

(f)       (i) The emergency switchboard shall be installed as near as is practicable to the emergency source of power.

(ii) Where the emergency source of power is a generator, the emergency switchboard shall be located in the same space as the emergency source of power, unless the operation of the emergency switchboard would thereby be impaired.

(iii) No accumulator battery fitted in accordance with this Regulation shall be installed in the same space as the emergency switchboard.

(iv) The Administration may permit the emergency switchboard to be supplied from the main switchboard in normal operation.

(g) Arrangements shall be such that the complete emergency installation will function when the ship is inclined 22½ degrees and/or when the trim of the ship is 10 degrees.

(h) Provision shall be made for the periodic testing of the emergency source of power and the temporary source of power, if provided, which shall include the testing of automatic arrangements.

Regulation 26

Emergency Source of Electrical Power in Cargo Ships

(a) Cargo ships of 5,000 Tons Gross Tonnage and upwards

(i) In cargo ships of 5,000 tons gross tonnage and upwards there shall be a self-contained emergency source of power, located to the satisfaction of the Administration above the uppermost continuous deck and outside the machinery casings, to ensure its functioning in the event of fire or other casualty causing failure to the main electrical installation.


SCHEDULE 3—continued

“SCHEDULE 1—continued

(ii) The power available shall be sufficient to supply all those services which are, in the opinion of the Administration, necessary for the safety of all on board in an emergency, due regard being paid to such services as may have to be operated simultaneously. Special consideration shall be given to:

(1) emergency lighting at every boat station on deck and oversides, in all alleyways, stairways and exits, in the main machinery space and main generating set space, on the navigating bridge and in the chartroom;

(2) the general alarm; and

(3) navigation lights if solely electric, and the daylight signalling lamp if operated by the main source of electrical power.

The power shall be adequate for a period of 6 hours.

(iii) The emergency source of power may be either:

(1) an accumulator (storage) battery capable of carrying the emergency load without recharging or excessive voltage drop; or

(2) a generator driven by a suitable prime-mover with an independent fuel supply and with starting arrangements to the satisfaction of the Administration. The fuel used shall have a flashpoint of not less than 43°C (110°F).

(iv) Arrangements shall be such that the complete emergency installation will function when the ship is inclined 22½ degrees and/or when the trim of the ship is 10 degrees.

(v) Provision shall be made for the periodic testing of the complete emergency installation.

(b) Cargo ships of less than 5,000 Tons Gross Tonnage

(i) In cargo ships of less than 5,000 tons gross tonnage there shall be a self-contained emergency source of power located to the satisfaction of the Administration, and capable of supplying the illumination at launching stations and stowage positions of survival craft prescribed in sub-paragraphs (a) (ii), (b) (ii) and (b) (iii) of Regulation 19 of Chapter III, and in addition such other services as the Administration may require, due regard being paid to Regulation 38 of Chapter III.

(ii) The power available shall be adequate for a period of at least 3 hours.

(iii) These ships shall also be subject to sub-paragraphs (iii), (iv), and (v) of paragraph (a) of this Regulation.

Regulation 27

Precautions against Shock, Fire and other Hazards of Electrical Origin

(a) Passenger Ships and Cargo Ships

(i)      (1) All exposed metal parts of electrical machines or equipment which are not intended to be “live” but are liable to become “live” under fault conditions, shall be earthed (grounded); and all electrical apparatus shall be so constructed and so installed that danger of injury in ordinary handling shall not exist.

(2) Metal frames of all portable electric lamps, tools and similar apparatus, supplied as ship’s equipment and rated in excess of a safety voltage to be prescribed by the Administration shall be earthed (grounded) through a suitable conductor, unless equivalent provisions are made such as by double insulation or by an isolating transformer. The Administration may require additional special precautions for electric lamps, tools or similar apparatus for use in damp spaces.

(ii) Main and emergency switchboards shall be so arranged as to give easy access back and front, without danger to attendants. The sides and backs and, where necessary, the fronts of switchboards shall be suitably guarded. There shall be non-conducting mats or gratings front and rear where necessary. Exposed current-carrying parts at voltages to earth (ground) exceeding a voltage to be specified by


SCHEDULE 3—continued

“SCHEDULE 1—continued

the Administration shall not be installed on the face of any switchboard or control panel.

(iii)     (1) Where the hull return system of distribution is used, special precautions shall be taken to the satisfaction of the Administration.

(2) Hull return shall not be used in tankers.

(iv)     (1) All metal sheaths and armour of cables shall be electrically continuous and shall be earthed (grounded).

(2) Where the cables are neither sheathed nor armoured and there might be a risk of fire in the event of an electrical fault, precautions shall be required by the Administration.

(v) Lighting fittings shall be arranged to prevent temperature rises that would be injurious to the wiring, and to prevent surrounding material from becoming excessively hot.

(vi) Wiring shall be supported in such a manner as to avoid chafing or other injury.

(vii) Each separate circuit shall be protected against short circuit. Each separate circuit shall also be protected against overload, except in accordance with Regulation 30 of this Chapter or where the Administration grants an exemption. The current-carrying capacity of each circuit shall be permanently indicated, together with the rating or setting of the appropriate overload protective device.

(viii) Accumulator batteries shall be suitably housed, and compartments used primarily for their accommodation shall be properly constructed and efficiently ventilated.

(b) Passenger Ships only

(i) Distribution systems shall be so arranged that fire in any main fire zone will not interfere with essential services in any other main fire zone. This requirement will be met if main and emergency feeders passing through any zone are separated both vertically and horizontally as widely as is practicable.

(ii) Electric cables shall be of a flame retarding type to the satisfaction of the Administration. The Administration may require additional safeguards for electric cables in particular spaces of the ship with a view to the prevention of fire or explosion.

(iii) In spaces where inflammable mixtures are liable to collect, no electrical equipment shall be installed unless it is of a type which will not ignite the mixture concerned, such as flameproof (explosion proof) equipment.

(iv) A lighting circuit in a bunker or hold shall be provided with an isolating switch outside the space.

(v) Joints in all conductors except for low voltage communication circuits shall be made only in junction or outlet boxes. All such boxes or wiring devices shall be so constructed as to prevent the spread of fire from the box or device. Where splicing is employed it shall only be by an approved method such that it retains the original mechanical and electrical properties of the cable.

(vi) Wiring systems for interior communications essential for safety and for emergency alarm systems shall be arranged to avoid galleys, machinery spaces and other enclosed spaces having a high risk of fire except in so far as it is necessary to provide communication or to give alarm within those spaces. In the case of ships the construction and small size of which do not permit of compliance with these requirements, measures satisfactory to the Administration shall be taken to ensure efficient protection for these wiring systems where they pass through galleys, machinery spaces and other enclosed spaces having a high risk of fire.


SCHEDULE 3—continued

“SCHEDULE 1—continued

(c) Cargo Ships only

Devices liable to arc shall not be installed in any compartment assigned principally to accumulator batteries unless the devices are flameproof (explosion proof).

Regulation 28

Means of Going Astern

(a) Passenger Ships and Cargo Ships

Ships shall have sufficient power for going astern to secure proper control of the ship in all normal circumstances.

(b) Passenger Ships only

The ability of the machinery to reverse the direction of thrust of the propeller in sufficient time, under normal manoeuvring conditions, and so to bring the ship to rest from maximum ahead service speed shall be demonstrated at the initial survey.

Regulation 29

Steering Gear*

(a) Passenger Ships and Cargo Ships

(i) Ships shall be provided with a main steering gear and an auxiliary steering gear to the satisfaction of the Administration.

(ii) The main steering gear shall be of adequate strength and sufficient to steer the ship at maximum service speed. The main steering gear and rudder stock shall be so designed that they are not damaged at maximum astern speed.

(iii) The auxiliary steering gear shall be of adequate strength and sufficient to steer the ship at navigable speed and capable of being brought speedily into action in an emergency.

(iv) The exact position of the rudder, if power operated, shall be indicated at the principal steering station.

(b) Passenger Ships only

(i) The main steering gear shall be capable of putting the rudder over from 35 degrees on one side to 35 degrees on the other side with the ship running ahead at maximum service speed. The rudder shall be capable of being put over from 35 degrees on either side to 30 degrees on the other side in 28 seconds at maximum service speed.

(ii) The auxiliary steering gear shall be operated by power in any case in which the Administration would require a rudder stock of over 228.6 millimetres (9 inches) diameter in way of the tiller.

(iii) Where main steering gear power units and their connexions are fitted in duplicate to the satisfaction of the Administration, and each power unit enables the steering gear to meet the requirements of sub-paragraph (i) of this paragraph, no auxiliary steering gear need be required.

(iv) Where the Administration would require a rudder stock with a diameter in way of the tiller exceeding 228.6 millimetres (9 inches) there shall be provided an alternative steering station located to the satisfaction of the Administration. The remote steering control systems from the principal and alternative steering stations shall be so arranged to the satisfaction of the Administration that failure of either system would not result in inability to steer the ship by means of the other system.

(v) Means satisfactory to the Administration shall be provided to enable orders to be transmitted from the bridge to the alternative steering station.

* Reference is made to the Recommendation on Steering Gear for Large Ships, adopted by the Organization by Resolution A.210 (VII).


SCHEDULE 3—continued

“SCHEDULE 1—continued

(c) Cargo Ships only

(i) The auxiliary steering gear shall be operated by power in any case in which the Administration would require a rudder stock of over 355.6 millimetres (14 inches) diameter in way of the tiller.

(ii) Where power-operated steering gear units and connexions are fitted in duplicate to the satisfaction of the Administration, and each unit complies with sub-paragraph (iii) of paragraph (a) of this Regulation, no auxiliary steering gear need be required, provided that the duplicate units and connexions operating together comply with sub-paragraph (ii) of paragraph (a) of this Regulation.

Regulation 30

Electric and Electrohydraulic Steering Gear*

(a) Passenger Ships and Cargo Ships

Indicators for running indication of the motors of electric and electrohydraulic steering gear shall be installed in a suitable location to the satisfaction of the Administration.

(b) All Passenger Ships (irrespective of tonnage) and Cargo Ships of 5,000 Tons Gross Tonnage and upwards

(i) Electric and electrohydraulic steering gear shall be served by two circuits fed from the main switchboard. One of the circuits may pass through the emergency switchboard, if provided. Each circuit shall have adequate capacity for supplying all the motors which are normally connected to it and which operate simultaneously. If transfer arrangements are provided in the steering gear room to permit either circuit to supply any motor or combination of motors, the capacity of each circuit shall be adequate for the most severe load condition. The circuits shall be separated throughout their length as widely as is practicable.

(ii) Short circuit protection only shall be provided for these circuits and motors.

(c) Cargo Ships of less than 5,000 Tons Gross Tonnage

(i) Cargo ships in which electrical power is the sole source of power for both main and auxiliary steering gear shall comply with sub-paragraphs (i) and (ii) of paragraph (b) of this Regulation, except that if the auxiliary steering gear is powered by a motor primarily intended for other services, paragraph (b) (ii) may be waived, provided that the Administration is satisfied with the protection arrangements.

(ii) Short circuit protection only shall be provided for motors and power circuits of electrically or electrohydraulically operated main steering gear.

Regulation 31

Location of Emergency Installations in Passenger Ships

The emergency source of electrical power, emergency fire pumps, emergency bilge pumps, batteries of carbon dioxide bottles for fire extinguishing purposes and other emergency installations which are essential for the safety of the ship shall not be installed in a passenger ship forward of the collision bulkhead.

Regulation 32

Communication between Bridge and Engine Room

Ships shall be fitted with two means of communicating orders from the bridge to the engine room. One means shall be an engine room telegraph.

* Reference is made to the Recommendation on Steering Gear for Large Ships, adopted by the Organization by Resolution A.210 (VII).


SCHEDULE 3—continued

“SCHEDULE 1—continued

CHAPTER II-2

CONSTRUCTION—FIRE PROTECTION, FIRE DETECTION AND FIRE EXTINCTION

PART A—GENERAL*

Regulation 1

Application

(a) For the purpose of this Chapter:

(i) A new passenger ship is a passenger ship the keel of which is laid or which is at a similar stage of construction on or after the date of coming into force of the present Convention, or a cargo ship which is converted to a passenger ship on or after that date, all other passenger ships being considered as existing ships.

(ii) A new cargo ship is a cargo ship the keel of which is laid or which is at a similar stage of construction on or after the date of coming into force of the present Convention.

(iii) A ship which undergoes repairs, alterations, modifications and outfitting related thereto shall continue to comply with at least the requirements previously applicable to the ship. An existing ship in such a case shall not as a rule comply to a lesser extent with the requirements for a new ship than it did before. Repairs, alterations and modifications of a major character and outfitting related thereto should meet the requirements for a new ship in so far as the Administration deems reasonable and practicable.

(b) Unless expressly provided otherwise:

(i) Regulations 4 to 16 of Part A of this Chapter apply to new ships.

(ii) Part B of this Chapter applies to new passenger ships carrying more than 36 passengers.

(iii) Part C of this Chapter applies to new passenger ships carrying not more than 36 passengers.

(iv) Part D of this Chapter applies to new cargo ships.

(v) Part E of this Chapter applies to new tankers.

(c)       (i) Part F of this Chapter applies to existing passenger ships carrying more than 36 passengers.

(ii) Existing passenger ships carrying not more than 36 passengers and existing cargo ships shall comply with the following:

(1) for ships the keels of which were laid or which were at a similar stage of construction on or after the date of coming into force of the International Convention for the Safety of Life at Sea, 1960, the Administration shall ensure that the requirements which were applied under Chapter II of that Convention to new ships as defined in that Chapter are complied with;

(2) for ships the keels of which were laid or which were at a similar stage of construction on or after the date of coming into force of the International Convention for the Safety of Life at Sea, 1948, but before the date of coming into force of the International Convention for the Safety of Life at Sea, 1960, the Administration shall ensure that the requirements which were applied under Chapter II of the 1948 Convention to new ships as defined in that Chapter are complied with;

* Reference is made to Recommendation on Safety Measures for Periodically Unattended Machinery Spaces of Cargo Ships additional to those normally considered necessary for an Attended Machinery Space, adopted by the Organization by Resolution A.211 (VII).


SCHEDULE 3—continued

“SCHEDULE 1—continued

(3) for ships the keels of which were laid or which were at a similar stage of construction before the date of coming into force of the International Convention for the Safety of Life at Sea, 1948, the Administration shall ensure that the requirements which were applied under Chapter II of that Convention to existing ships as defined in that Chapter are complied with.

(d) For any existing ship as defined in the present Convention the Administration, in addition to applying the requirements of sub-paragraph (c) (i) of this Regulation, shall decide which of the requirements of this Chapter not contained in Chapter II of the 1948 and 1960 Conventions shall be applied.

(e) The Administration may, if it considers that the sheltered nature and conditions of the voyage are such as to render the application of any specific requirements of this Chapter unreasonable or unnecessary, exempt from those requirements individual ships or classes of ships belonging to its country which, in the course of their voyage, do not proceed more than 20 miles from the nearest land.

(f) In the case of passenger ships which are employed in special trades for the carriage of large numbers of special trade passengers, such as the pilgrim trade, the Administration, if satisfied that it is impracticable to enforce compliance with the requirements of this Chapter, may exempt such ships, when they belong to its country, from those requirements, provided that they comply fully with the provisions of:

(i) the Rules annexed to the Special Trade Passenger Ships Agreement, 1971, and

(ii) the Rules annexed to the Protocol on Space Requirements for Special Trade Passenger Ships, 1973, when it comes into force.

Regulation 2

Basic Principles

The purpose of this Chapter is to require the fullest practicable degree of fire protection, fire detection and fire extinction in ships. The following basic principles underlie the Regulations in this Chapter and are embodied in the Regulations as appropriate, having regard to the type of ships and the potential fire hazard involved:

(a) division of ship into main vertical zones by thermal and structural boundaries;

(b) separation of accommodation spaces from the remainder of the ship by thermal and structural boundaries;

(c) restricted use of combustible materials;

(d) detection of any fire in the zone of origin;

(e) containment and extinction of any fire in the space of origin;

(f) protection of means of escape or access for fire fighting;

(g) ready availability of fire-extinguishing appliances;

(h) minimization of possibility of ignition of inflammable* cargo vapour.

Regulation 3

Definitions

For the purpose of this Chapter, unless expressly provided otherwise:

(a) “Non-combustible material” means a material which neither burns nor gives off inflammable vapours in sufficient quantity for self-ignition when heated to approximately 750°C (1,382°F) this being determined to the satisfaction of the Administration by an established test procedure.† Any other material is a combustible material.

* “Inflammable” has the same meaning as “flammable”.

Reference is made to Recommendation on Test Method for Qualifying Marine Construction Materials as Non-Combustible, adopted by the Organization by Resolution A.270 (VIII).


SCHEDULE 3—continued

“SCHEDULE 1—continued

(b) “A Standard Fire Test” is one in which specimens of the relevant bulkheads or decks are exposed in a test furnace to temperatures corresponding approximately to the standard time-temperature curve. The specimen shall have an exposed surface of not less than 4.65 square metres (50 square feet) and height (or length of deck) of 2.44 metres (8 feet) resembling as closely as possible the intended construction and including where appropriate at least one joint. The standard time-temperature curve is defined by a smooth curve drawn through the following points:

at the end of the first

5 minutes

538°C (1,000°F)

,,  ,,   ,,  ,,  ,,   ,,

10    

704°C (1,300°F)

,,  ,,   ,,  ,,  ,,   ,,

30    

843°C (1,550°F)

,,  ,,   ,,  ,,  ,,   ,,

60    

927°C (1,700°F)

(c) “ “A” Class Divisions” are those divisions formed by bulkheads and decks which comply with the following:

(i) they shall be constructed of steel or other equivalent material;

(ii) they shall be suitably stiffened;

(iii) they shall be so constructed as to be capable of preventing the passage of smoke and flame to the end of the one-hour standard fire test;

(iv) they shall be insulated with approved non-combustible materials such that the average temperature of the unexposed side will not rise more than 139°C (250°F) above the original temperature, nor will the temperature, at any one point, including any joint, rise more than 180°C (325°F) above the original temperature, within the time listed below:

Class “A-60”

60 minutes

Class “A-30”

30 minutes

Class “A-15”

15 minutes

Class “A-0”

0 minutes

(v) the Administration may require a test of a prototype bulkhead or deck to ensure that it meets the above requirements for integrity and temperature rise.*

(d) “ “B” Class Divisions” are those divisions formed by bulkheads, decks, ceilings or linings which comply with the following:

(i) they shall be so constructed as to be capable of preventing the passage of flame to the end of the first one-half hour of the standard fire test;

(ii) they shall have an insulation value such that the average temperature of the unexposed side will not rise more than 139°C (250°F) above the original temperature, nor will the temperature at any one point, including any joint, rise more than 225°C (405°F) above the original temperature, within the time listed below:

Class “B-15”

15 minutes

Class “B-0”

0 minutes

(iii) they shall be constructed of approved non-combustible materials and all materials entering into the construction and erection of “B” Class Divisions shall be non-combustible, except where in accordance with Parts C and D of this Chapter the use of combustible material is not precluded, in which case it shall comply with the temperature rise limitation specified in sub-paragraph (ii) of this paragraph up to the end of the first one-half hour of the standard fire test;

(iv) the Administration may require a test of a prototype division to ensure that it meets the above requirements for integrity and temperature rise.

* Reference is made to Recommendation for Fire Test Procedures for “A” and “B” Class Divisions, adopted by the Organization by Resolutions A. 163 (ES.IV) and A.215 (VII).

Reference is made to Recommendation for Fire Test Procedures for “A” and “B” Class Divisions, adopted by the Organization by Resolutions A.163 (ES.IV) and A.215 (VII).


SCHEDULE 3—continued

“SCHEDULE 1—continued

(e) “C” Class Divisions” shall be constructed of approved non-combustible materials. They need meet no requirements relative to the passage of smoke and flame nor the limiting of temperature rise.

(f) “Continuous “B” Class Ceilings or Linings” are those “B” Class ceilings or linings which terminate only at an “A” or “B” Class division.

(g) “Steel or Other Equivalent Material”. Where the words “steel or other equivalent material” occur, “equivalent material” means any material which, by itself or due to insulation provided, has structural and integrity properties equivalent to steel at the end of the applicable fire exposure to the standard fire test (e.g. aluminium alloy with appropriate insulation).

(h) “Low Flame Spread” means that the surface thus described will adequately restrict the spread of flame, this being determined to the satisfaction of the Administration by an established test procedure.

(i) “Main Vertical Zones” are those sections into which the hull, superstructure, and deckhouses are divided by “A” Class divisions, the mean length of which on any one deck does not in general exceed 40 metres (131 feet).

(j) “Accommodation Spaces” are those used for public spaces, corridors, lavatories, cabins, offices, crew quarters, barber shops, isolated pantries and lockers and similar spaces.

(k) “Public Spaces” are those portions of the accommodation which are used for halls, dining rooms, lounges and similar permanently enclosed spaces.

(l) “Service Spaces” are those used for galleys, main pantries, stores (except isolated pantries and lockers), mail and specie rooms, workshops other than those forming part of machinery spaces, and similar spaces and trunks to such spaces.

(m) “Cargo Spaces” are all spaces used for cargo (including cargo oil tanks) and trunks to such spaces.

(n) “Special Category Spaces” are those enclosed spaces above or below the bulkhead deck intended for the carriage of motor vehicles with fuel in their tanks for their own propulsion, into and from which such vehicles can be driven and to which passengers have access.

(o) “Machinery Spaces of Category A” are all spaces which contain:

(i) internal combustion type machinery used either for main propulsion purposes, or for other purposes where such machinery has in the aggregate a total power output of not less than 373 kW, or

(ii) any oil-fired boiler or oil fuel unit; and trunks to such spaces.

(p) “Machinery Spaces” are all machinery spaces of Category A and all other spaces containing propelling machinery, boilers, oil fuel units, steam and internal combustion engines, generators and major electrical machinery, oil filling stations, refrigerating, stabilizing, ventilation and air conditioning machinery, and similar spaces; and trunks to such spaces.

(q) “Oil Fuel Unit” means the equipment used for the preparation of oil fuel for delivery to an oil-fired boiler, or equipment used for the preparation for delivery of heated oil to an internal combustion engine, and includes any oil pressure pumps, filters and heaters dealing with oil at a pressure more than 1.8 kilogrammes per square centimetre (25 pounds per square inch) gauge.

(r) “Control Stations” are those spaces in which the ship’s radio or main navigating equipment or the emergency source of power is located or where the fire recording or fire control equipment is centralized.

(s) “Rooms containing Furniture and Furnishings of Restricted Fire Risk” are, for the purpose of Regulation 20 of this Chapter, those rooms containing furniture and furnishings of restricted fire risk (whether cabins, public spaces, offices or other types of accommodation) in which:


SCHEDULE 3—continued

“SCHEDULE 1—continued

(i) all case furniture such as desks, wardrobes, dressing tables, bureaux, dressers, is constructed entirely of approved non-combustible materials, except that a combustible veneer not exceeding 2 millimetres (½ inch) may be used on the working surface of such articles;

(ii) all free-standing furniture such as chairs, sofas, tables, is constructed with frames of non-combustible materials;

(iii) all draperies, curtains and other suspended textile materials have, to the satisfaction of the Administration, qualities of resistance to the propagation of flame not inferior to those of wool weighing 0.8 kilogrammes per square metre (24 ounces per square yard);

(iv) all floor coverings have, to the satisfaction of the Administration, qualities of resistance to the propagation of flame not inferior to those of an equivalent woollen material used for the same purpose; and

(v) all exposed surfaces of bulkheads, linings and ceilings have low flame-spread characteristics.

(t) “Bulkhead deck” is the uppermost deck up to which the transverse watertight bulkheads are carried.

(u) “Deadweight” is the difference in metric tons between the displacement of a ship in water of a specific gravity of 1.025 at the load water line corresponding to the assigned summer freeboard and the lightweight of the ship.

(v) “Lightweight” is the displacement of a ship in metric tons without cargo, fuel, lubricating oil, ballast water, fresh water and feedwater in tanks, consumable stores, together with passengers, and crew and their effects.

(w) “Combination carrier” is a tanker designed to carry oil or alternatively solid cargoes in bulk.

Regulation 4

Fire Control Plans

There shall be permanently exhibited in all new and existing ships for the guidance of the ship’s officers general arrangement plans showing clearly for each deck the control stations, the various fire sections enclosed by “A” Class divisions, the sections enclosed by “B” Class divisions (if any), together with particulars of the fire alarms, detecting systems, the sprinkler installation (if any), the fire-extinguishing appliances, means of access to different compartments, decks, etc. and the ventilating system including particulars of the fan control positions, the position of dampers and identification numbers of the ventilating fans serving each section. Alternatively, at the discretion of the Administration, the aforementioned details may be set out in a booklet, a copy of which shall be supplied to each officer, and one copy at all times shall be available on board in an accessible position. Plans and booklets shall be kept up to date, any alterations being recorded thereon as soon as practicable. Description in such plans and booklets shall be in the national language. If the language is neither English nor French, a translation into one of those languages shall be included. In addition, instructions concerning the maintenance and operation of all the equipment and installations on board for the fighting and containment of fire shall be kept under one cover, readily available in an accessible position.

Regulation 5

Fire Pumps, Fire Mains, Hydrants and Hoses