Harbours Regulations (Cap. 49:04)

HARBOURS REGULATIONS ~RRANGEMENT OF REGULA TIO NS IU!OULATION L Citation. 2, Interpretation. PART I SECURJ'NO TH£ SAF'tITY OF VESSELS Certificate of Seaworthiness 3. Application for certificate of seaworthiness of vessel to navigate in a harbour. 4, (I) Examination of vessel in possession of certificate of sea,. worthiness. (2) Rt:v"•:itliUJl of ccrlifo;a.tll uf :.c,1 wurlltim;M,. 5. When l Jficate of seaworthiness is null and void, 4R,O, IW 52 1-1 Qlp. 49:ol Transport and Harbours J/arbourJ Rqulmio,u 1\£1,l\LATION 6. (I) Vessel not to navigate in harbours without certificate of sea• worthiness. (2) Exemptions. 1 Register of certificates of seaworthiness. HQJ'/,our Lic¢11ce 8. Obtaining a harbour licence. 9. Power 10 re-examine holder of harbour licence. 10. Cancellation of harbour licence. 11. Penalty for not having harb()ur licence. 12. Register of harbour licenceS. PART II RooUt..ATION OF TRAFFIC IN HARBOUR$ AMO PRlMlNTION OP ACcn>llNTS 13. Ruleoftheroa.d. 14. Vessels dropping up or down a harbour. 15. Special signal for foreign going steamships. 16. Certain vessels to keep out of the way of foreign going steamships, PART HI MAAKING LoAP L1WES ON VESSELS t 7. Branding load lines, 18. Marks to be painted on vessels. 19. Markings to be kept freshly painted. PART lV GENERAL 20. Re.:overy of l')enAlties. FIRST SCHBDULJ!-Forms. SECOND SCHEDULE-Equipment for vessels navigating in a Harbour. THIRD SCHEDULE-Certificate of seaworthiness. FOURTH SCHBDlJLE.-Subjects for examination for harbour lie. ence as Master. FIFTH SCHEDULE-Rules for determining fr-eeboard. Transport and Harbours Hatbm1rs Rt:gularians HARBOURS REGULATIONS made under sect/011 49(2) (e) and (j) Cap. 49:04 Rog, 18/4/1939 lS/1970 1. These Regulations may be cited as the Harbours Regulations. Citation. 2. In these Regulations~ ··collision Regulations" means the Collision Regulations made on the 13th October, 1910, under section 418 of the Merchant Shipping Act, 1894, and published in the Gazette or the 18th January, 1911, at page 134 (Notice No. 15); ••Harbour Master'' includes a Deputy Harbour Master; .. vessel" incJudes any ship or bOat! or any other description of vessel used in navigation except that Parts I and III shall not apply to vessels solely used for pleasure purposes and not carrying passengers or cargo for hire or reward. PART I SECURING THE SAFETY OP VPSSBLS Certificate of Seaworthiness lntc<• pretatlon. 57 and 58 Viot. c. 60. 53 3. (I) If the owner, master or agent of a vessel desires to obtain a Applica.tion certificate of seaworthiness of the vessel to navigate in a harbour of ~%:~~~~ Guyana, hereinafter called a certificate of seawortlliness, he shall ne.ss ofvC$.Scl make application in writing therefor to the Harbour Master, and ~0 ~~~i;e in pay to him a fee of one dollar. · (2) On such application and payment being made, the l·larbour Master shall survey the vessel and its equipment. (3) If, on such survey, the Harbour Master is of opinion that the vessel is fit to navigate in the harbour he shall issue a certificate of seaworthiness in the form specified in the Fiest Schedule. The certificate :.hall bear the date on which the vessel was surveyed and shall remain in force for twelve months from such date. l"onn I First Schedule. ( 4) The Harbour Master shall not issue a certHicate or sea­ worthiness un[ess the vessel is furnished with the equipment specified Second in the Second Schedule. Scheduto. (5) (a) The certificate of seaworthiness shall contain the con ditions subject to which it is issued, that ts to say {i) tb ,urposes for which the vessel is alone permitted to be used; 54 1-1 Third Schedule, Fifth Schedule. Form 2. Finl Schtdule. Examination of~lin ~il)J)of ccrtifica1e of seaworthi­ ness. Rcvoc.a1ioc of cernftcare otsea• worth.iucss. S.OOod Schedule. Form 3, Fini Schedule. Cap. 49:04 iranspofl and Harbours (ii} the max.imum number of persons that may be carried on the vessel at any one time; (iii) the minimum frccboard to which the vessel may be loaded; and (iv) the equipment which the vessel must carry. lb) The maximum number of persons that may be carried on a vessel at any one time shall be determined by the Harbour Master in accordance with the rules contained in the Third Schedule. (c) The minimum frt?eboard to which the \oes.sel ml).~ ~ loaded shall be deterllii1ied by the Harbour Master in accord­ ance with the rules contained in the Fifth Schedule. (6) Any owner or master of a vessel who fails to comply with or contravenes any or the condttlons contained in a c.ert1ficate or seaworthiness shall be liable to a fine of throo hundred dollars. (7) If, on such survey, the Harbour Master is of the opinion that the ves,;d is 1infit rn nrivigat~ il'I tho!' h:-trhf.\ur, h. .. i;:h111l within twenty~four hours after such survey1 deliver to the master or owner of the vessel a statement in writing in the form specified in the Fhst Schedule, detailing the defects and deficiencies of the vessel and in whflt re."-rects thP. \.'e~se1 i!! unfit for navigation. (8) A certificate of seaworthiness shall at all times be kept on board the vessel to which it relates. (Q) Any owner or master contravening re.e;ulation 3(8) shall be liable to a fine of thirty dollars. ◄. (1) The Harbour Master may, by notice in writing, require the owner or n1aster of any vessel in re11.pect whereof a ('.ertifit'.sle bf seaworthiness is in force to produce such vessel to him at a time and place specified by him fo writing for re~survey. (2) If the Harbour Master at any time finds that a vessel is not furnished with. the equipment specified m the Second SCbedule, or if without reasonable cause the proof whereof shall lie on the owner or master, the vessel is not produced to the Harbour Master under paragraph (1) the Harbour Master shall thereupon revoke the certi!icate of seaworthiness and issue a certificate of revocation to the owner or master of the vessel in the form specified in the Ffrst Schedule. (3) The provisions of reg11fatint1 3(7) and regulation 4(2) shall apply ir at any time the Harbour Master finds that the ve~"~l is unfit to navigate in the harbour. Transport and Harbows Cap. 49:0,1 s Harbours R.:gu/otkms 5. A certificate of seaworthiness shall be null and void (a) on the expiration of a period of twelve months from the date thereof; or When eerii• flca1e or seaworthine~1 is null (b) on its revocation by the Harbour Master under regula­ tion 4(2) or (3). and void, 6. (1) No vessel shall enter, leave or navigate in the waters of any vessel ,not to harbour unless a certificate of seaworthiness as regards that harbour ~avisate in is in force at the time in respect of such v,ssel, wi~h;~;i (2) This regulation shall not apply to- :~~~~te worthinesi;. (a) vessels belonging to State, or to the Government of Exemr,tian~. any country outside Guyana; (b) vessels holding a valid certificate of seaworthiness issued by a competent authority outside Guyana; and (r) ve::.sds uwJxr lcu w11s bmtlcu r-.uk:J y u:«;:U fm 1hd1iug, autl vessels under five tons burden belonging to and used solely by fanners and not carrying passengers or goods for hire of reward. (3) If the owner or master of a vessel fails to comply with or contravenes this regulation he shall be liable to a fine of three hundred dollars. 7. The Harbour Master shall keep in the form specified in the Register Qf First Schedule a register containing particulars as to the issue of ~: ~ies certificates of seaworthiness and of their expiry or revocation and worthiness. any other particulars which the Harbour Master may think fit to {~~~1 4 include, Schedule, Harbour Licence 8. ( l) Any person desirous of oblaining a licence to act as mat1tcr Obtaining of a vessel in a harbour, hereinafter referred to as a harbour licence, ii!~:~ur shall apply for same to the Harbour Master and pay a fee of 50 cents. (2) The Harbour Master $ha1\ grant a licence to an.y aµpH.cant provided that (a) he is over 21 years of age; (b) he is physically fit with good eyesight and is not colour hlind; (c) he satisfies the Harbour Master- as to his competency to perform the duties of master for the type of vessel for which a licence 1esired; and 56 Fourth Schedule, form$, First Schedule. Power io ........... bc:ild•t (1-f harbour lio:ncc. CanccJtatioo of harbour licence. (46 of 1949) Cap. 49:04 Transport a11d I/arbours (d) a further payment of SO oonto is Jll!lde on the is:mc of the licence. (3) The Harbour Maiter shall examine the applicant in the subjects specified in the Fourth Schedule in order to satisfy himself as to the competency of the applicant. (4) The harbour licence shall be in the form specified in the First Schedule and shall state to what type of ve:ssel or vessels and to what harbour or harboun it i:i ro!itrict:cd., 9. The Harbour Master rnay require the holder of a harbour licence to appear before him at a time and place specified by him in writing for the purpose of asce.rtaining whether or not the holder of the licence stin fulfils conditions (b) and (c) of regulation 8(2), 10. (l) The Harbour Master may suspend or cancel the harbour' licence of any person (a) who is on account of physical or mental infirmity unable to perform. his duties efficiently; (b) who 1s guilty of drunk.enne~!> or nt:glect when engaged in the performance of his work as a master; (c) who is guilty of a breach of contract with his employer or refuses or neg!.ects, except for good cause, to perform the work he has contracted to carry out; (d) who is guilty of any breach of these Regulations, or neglects to carry the lights prescribed by the Collision Regula• tions. or fails to obey- the "rule of the road at sea.'' or nee:lects to take any prccat1tion which may be required by the ordinary practice of seamen or fails to comply with regulation 9; (e) who allows any vessel of which he is in charge to be overlo$.ded ()f loaded in such Q. manner :ts to make the vessel unseaworthy; ( /) who is guilty of reckless c.:onduct whilst in charge of a vessel, thereby endangering the safety of the passengers or 1.:0:W Ol ulher VCStiel; vr (g) who conveys in his vessel a greater number of persons than it is authorised to carry under the certificate of sea­ worthiness. (2) No harbour licence shall be cancelled, except after due inquiry made by the Harbour Master and unless the master con­ cerned has had an opportunity of being present at the iv iry and makiug hi:os dofcnci;;, Transport and Harbours Cap. 49:04 ffarbours Rerutar,onJ (3) Any master whose harbour lice11ce has been suspended or cancelled shall have the right of appealing to the General Manager against the suspension or cancellation, and the decision of the Gen~ era.l Manager shall be final. (SllDSidiary tl, (1) Every vessel. when navigating in a harbour. shall have a Penalty for master, duly licensed under regulation 8 on board and in charge of h:b~~~llg such vessel. licence. (2) Any owner who uses or permits to be used any vessel in a naroour wHnou1 having a master, duly lfl,;ensell under regulaLlon r5 on board and in charge shall be liable to a fine of three hundred dollars. (3.\ Any oerson actine: as master of anv vessel while navil?:atina in a harbour without being the holder of a valid harbour licence for the particular type of ve.ssel of which he is acting as master shall be liable to a fine of three hundred dollars. (4) This regul:ition drnll n(lt apply t~ (a) any person holding a certificate of competency for the particular type of vessel being navigated issued by any com­ petent authority outside Guyana; (b) any Naval Officer of any Commonwealth territory; (c) any Naval Officer of any foreign power; (d) fishing vessels under ten tons burden not pro-p,el\ed by rrrnch/nery and ve'-sel<: not propelled hy machinery belonging to and used solely by farmers and not carrying passengers or goods for hire or reward. (0, JS/1970} 12. The Harbour Master shall keep, in such form as he thinks fit, Reitister of a register containing particulars of the persons to whom harbour t=~ licences have been issued, and of the suspension and canceUation of such licences. PART I! RF.GULA TJON OF TRAFFIC IN HARBOURS AND PREVENTION OF Accmt!.NTS 13. (1) Every vessel navigating in the waters of any river within JtuJec;1f the limits of the harbour of Georgetown or the harbour of New th0 road. Amsterdam shall, whea proceeding across such river, keep out of the way of any other vessel which may be proceeding up or down ~be said river and r· ,.u, if the circumstances of the case admit, avoid crossing ahead o, such other vessel. S8 [Suhl,ldiaryJ V~li dropping up or down a harbour. Special signal for foreii;11 going StCiiU~hi~~ Certain .,,. ..... ,.1., keep out of tho; way of fortiSll guing stea,mhips, Branding lc>ad lines. ca,. 49:04 Tran.spar• and HarboUFs Hart.Dim ReguJalion.s (2) 3ubjC(;t to parag,.,ph (l), .:;.wry vc,sd n4vig11ting in Any harbour shall obey the rule of the road at sea and carry the lights prescribed by the Collision Regulations. (3) Any master who fails to comply with or contravenes this regulation shall be liable to a fine of seven hundred and fifty dollars. 14. (l) Every vessel dropping up or down a harbour with the tide and with her anchor on the bottom but not being held by such anchor, shall in addition co Che lights prescribe<f by the Collision Regulations, for a vessel under way, carry the lights for a vessel 11ot under command, namely two-red ligb.ts in a vertical line, one over the other not less than six feet apart, and in the daytime the two black balls or shapes required by Article 4 of the Collision Regulations. (2) The master of any vessel failing to carry the lights or shapes required by this regulation shall be liable to a fine of three hundred doll11n. 15. An ocean going vessel or steamship, when abOl.l\ to approach or about to leave any wharf, may in order to warn sailing vessels, punts and other vcssds in the vicinity, sound four short blasts on her whistle or siren. 16. (I} Sailing vessels, punts and other vessels which, by reason of their lack of manoeuvring nbility, nre liable to interfere with the docking or undocking of an ocean going vessel or steamship shall on hearing the warning signal prescribed by regulation 15 not leave their anchorage or berth, or if under way, immediately take all steps po:;:;ible to vucnte the vicinity in which the steamer it manoeuvring. (2) The master ofa sailing vessel, punt or other vessel described in paragraph (l) who manoeu'lres in such. manner as to impede the free movement of an ocean going steamship while it is docking or undocking or when it is in the vicinity of wharves, will render himself liable to the suspension or cancellation of his harbour licence under regulation 10 (l) in addition to any penalty to which he may be liable under regulation 22 of the Harbours and Pilotage Regulations. PART III MARKING WAD LINES ON VESSELS 17. (I) The owner or master of every vessel in respect whereof a certificate of seaworthiness has been issued under regulation 3 (3) and the owner or master of every other vessel, except fishi vessels, not rnarl!:e<l With an approvelJ loatl line:, ~hittl urdud loaa line~ on Transport and Harbours Cap. 49:04 Harbour:t Reculatians both sides of the vessel in the position indicated by the Harbour M~:;itcr 3howln5 the minimum frccbou.rd. tQ whi~h th,;, y,;;.-,;!i,;,I m.tiy load. (2) The position of the load lines shall be determined by the Harhnur Mas.ter in accorrlanc~ with the rules contained in the Fifth Fitth Schedule. Schedule. (3) Every such load li11e shall consist of (a) in the case of vessels fitted with an efficient watertight deck, to the satisfaction of the Harbour Master of a straight line not less than 12 inches in length and 1 inch in width and shall be so placed th.at the ccntnil point of such Jlne shall be exactly midway between the bow and stern of such vessel, on the water line, upon each side of such vessel in a horizontal direction: (b) in the case of vessels not fitted with an efficient water~ tight deck two, or if such vessel is issued with a load line under the River Navigation Regulations three horizontal straight lines not less than 9 inches in length and 1 inch in width. These lines shall be so placed rhat rbey shall project, one forward and one or two aft, from a vertical line placed midway from the bow and stern of such vessel and of such a length as to connect the horizontal lines in a vertical plane. These hori• :.::untul lines shall be marked wich letters nol less than 4 i11ches high as follows R---on top of the load line marking the river freeboard. W-on top of the Joad line marking the rough weather freeboard. S--on top of the load line marking the fine weather freeboard. (4) Any master who loads his vessel in such a manner as to submerge the load line, or if marked with more than one load line the S loud line at any time, or the W load line during the monthb uf January, February or March, while in a harbour, shaJJ be liable to a penalty not exceeding one hundred dollars, and in addition, to have his harbour licence suspended or cancelled under regulation 10 (I). (5) In paragraph (I) an approved load line means a load line approved by ~ -::ompetent authority outside Guyana, or by a com­ petent person, ~u the satisfaction of the Harbour Master. 5' 60 [sw.ldiaQ'J M.,ukR t,:, be. paint~ on \!CW:ls. Mar.kinp to be kepi fref.blY painted, Cap. ◄9;04 Tra11spurt and Hurbou,-.r 18. (I) The number of the certificate of seaworthiness issued under regulation l (3) and the l\Utnber of persons the vessel ls licensed to carry shall be legibly printed in black letters or figures not less than 4 inches high on a white ground in a position where it can ber;.t he seen, on the stern of the vessel. {2) The master or owner of any vessel who fails to comply with the provisions of this regulation shall be liable to a fine of one hundred and fifty dollars. 19. (I) All markings of vessels required under these Regulations shall be kept freshly painted ·and legible to the satisfaction of the Harbour Master. (2) The ma:;lcr or owner of any \IC.$sel who fails to comply with this regulation shall be liable to a fine of one hundred and fifty dollars. PART IV GENERAL Rcoove:ey of 20. All penalties under these regulations may be sued for and pcna,lci~ recovered under the Summary Jurisdiction Acts. rts. 3(l) FIRST SCHEDULE FORMS FORM I CEl\1"\'F\Cl,.'IE OF SEAWORTHINESS No. J.uued under and subject to the Harbours Regulations I hereby certify that I havo this day inspected the vessel herein mentioned and pass her as seaworthy for use in the ""· harbour subject to the conditions specified below Name of vessel De:K-ription ofvc~scl .. Length of vessel "Breadth Sheer Purposes for which vessel is alone permitted to be usod Maximum number of persons that may be carried on the vessel at any ono time Minim\1rn frceboard to which the vessel may be loaded. "S" frcc:board . "W" freeboatd Equipment which. vcsoot must carry Date Harbour Master Note.-This certificate is valid/or twelve c:alendar months from the date. thereof. amJ no longer. Transport and Harbours C•p. 49:04 Harbot1rs Regu/alion.r Fo1v,1 2 STATEMENT OF UNSEAWOtlTHINESS Issued under and subject to the Harbours Regulations ·1 o 1t1e or me .. Having on me .. day of )9 surveyed the above mentioned vessel 1 find that she is unseaworthy on account of defects and/or deficiencies men~ tioned below. If th.is vessel is uavigaled in the harbom:- prior to a resurvey and to the issue of a certificate of seaworthiness under rngulation 3(3), you will be liable under regulation 6(3) to a penalty not exceeding three hundred dollars. · H!).tho1.1r Mastl'!r Po.RM 3 Cl:!R.lll:'ICATl: Ul' R.f!VUCATION Issued under and subject to the Harbours Regulations To the of the I h.ereby revoke the certificate of seaworthiness No. . . .in consequence of the vessel being (here statt co11tise/y reasons for revocation). Date Harbour Master FoRM4 REGISTf:R Of' VESSELS lssmm WITH CERTIPICATES OF SEAWORTHtNESS /sJued and under subject to the Harbours Regulations ~- s. I '!)-~ Na1nc of Description Name of AdcJres$ of 'iJ ~ llJ! Vessel of Owner Owner ~~ .~ d Vessel a Q z " i I j " 6 [Subsidiar: reg. 3(7), 4 (3). "'· 4(2) (3} reg. 7 62 ,...........,, reg. 8(4). reg. 3(4). Cop. 49;04 TranSPQrt fltld Harbours FORMS HARBOUR L1{;6NCB Issued U11der and subfect to the Harbours Regulations is hereby licensed to act as master of a in the, ...... harbour, Date Harbour Master No. of Licence Description"Or holder of Licence Place of birth Date of birth Height Build Distinguishing Ma.rks !\A«, Signature SECOND SCHEDULE EQUIPMENT FOR VESSELS NAVIGATING IN A HARBOUR l, An anchor of a. sii.e suitable to the site of vessel with at least \0 fathoms chain cable or if the vessel ls over 20 rons burden then with at lea.st 20 fathoms chain cable. This rule shall not apply to ves~Js less than 25 feet in length. 2. The lights required by these Regulations. 3. Bilge pump or other suitable means of bailing out the vessel. 4. Engine, sails, oars or paddles, as appropriate, in good order and condition. S. Ow., li(obuoy, uoopt in veiieh; l,i,u than 25 feet in length. 6. Sufficient approved buoyant apparatus either in the form of lifebelts, lifebuoys, tanks Or' rafts, sufficient in the a$8fegate to support in water 40 per cent of ihe number of persons permitted to be carried, 7. 011c app1oved i;;hcinkal fire ¢xt.inguisher to be carried on all Vos~ls prnp,elled by machinery \\sing oil fuel. 8. Any other equipment which, in the opinion of the Harbour Master, is necessary to ensure the safety of those persons permitted 10 be carried, depending on the type and con$truction of such vessel, Tran:sport and Harbours Harbour$ Reg11{4/il)I/$ THIRD SCHEDULE CERTIFICATE OF SEAWORTHJNESS The maximum number of persons which may be carried shall be deter• rnined by multiplying the length of the vessels in feet by the breadth in feet and dividing the product by eight, except in the case of vessels propelled by machinery when the area or the engme room m square feet shall be deducted from the product of the length multiplied by the breadth before dividing by the factor eight; Provided that in no case may the load line of the vessel be submerged. FOURTH SCHEDULE SUBJECTS FOR EXAMINATION FOR HARBOUR LICENCE AS MASTER (I) The Rule of the Road at Sea and special regulations for preventing OOlliSJOllS ill the harbours. (2) Lights required to be carried by different types of vessels. (3) Prescribed areas for anchorage in the harbours. (4) nurim; ofa mMter in thl': /':Vent ctf oollh,ion. (5) Equipment to be carried by the type of vessel for which a licence is required. (6) The use of distress signals. (7) How to act In case or Jlrn, 8inking or 1111u1 uverbuard. (8) General seamanship as applicable to the type of vessel for which a licence is required. (9) Any other questions relating to the management and control of vessels which the Harbour Master may ask. FIFTH SCHEDULE RULES FOR DETERMINING FREEBOARD I. Vessels fitted with an c:fficient water~tight deck, covering the whole length of the vessel, in which any openings or hatches are provided with proper coamings and covers shall have the position of their load line as follows: (a) Steam vessels up to 80 feet in length, 8 inches frooboard. (b) Sailing vessels up to 8U teet m length, 9 inches freeboard. (c) For every increase in length of 5 feet, one inch additional free~ board in th~ case of sailing vessels, and half an inch in tho case of steam ves .. (Su""""'" J reg. 3(5)(b) res, 8(3) reg. 3(5) (c), 17(2). 64 [""""""1) Cap, 49:04 Transport and Harbours Home Trade Shlpg (Master, Males tvtd Engl11ttlt'1 Certificates) Rttgulatlons 2. Vessels (including open punts and boats) not fitted with an efficient water-tight deck shall have their "S" freeboard determined as follows: (ti) 4ugth not c11.1.:ocding 30 f,;ot, IS ind1es frcc:ibuanL (b) For every increase in the length of the vessel of ten feet, one inch additional freeboard. 3. The position of the Hw• load line shall be three inches lower than the "S" load line in all vessels not having an efficient water-tight deck. 4. The amount of freeboard allowed shall be increased by I inch for every inch and a half that the sheer of the ves'!,el.is k.ss than a stal'l.dard of I in~h ~heer for every 5 fl'('!f ifl. th() Jto;ngth. of tile ve~~I, but T\(\ ded\1ctinn shall be made for any excess in sheer except in the case of decked vessels (Rule I) when I inch less freeboard may be allowed for every increase I¼ inches in sheer up to a rnaxhnum allowance of H inches freeboard for 100 feet in the length of the vessel. 5. The amount of freeboard may be inci'eased if in the opinion of the Harbour Master the build or trim of the vessel is such as to make the vessel less safe than a shnilat type of ve-..sc:\ of ~ta.nda.td bn\\d and \tim. 6. No dedu~tfom $hall be mAdc to tho frccobard on n~ount of 3upcr­ structures, salinity Qf the water, round of beam, fore<;astlc, bridge, poop or raised quarter deck, etc.