Merchant Shipping (Vessels in Commercial Use for Sport or Pleasure) Regulations, 2011 (S.I. No. 49 of 2011)

ANTIGUA AND BARBUDA THE J\!lERCHANT SHIPPING tVE.'lSELS l"l COMMERCIAL USE FOR SPORT OR PLEASURE) REGlJLATIONS, 2011 STATIJIORY INSTRUl\1ENT 2011, No. 49 f Printed ill the Officia( 0((;e(t1' Viii. XXXI No. 37 dated 141h Iuiv. 20l/. J Printed at the Government Printing Office. Antigua and Barbuda. by Eric1. Bennett. GovernmentPrinter By Authority. 20 [ 1. Rm----"7.11 f Pric« S 3..W I The Merchant ShlpPll1g (Vessels in Commercial Use for Sport or Pleasure) Regulations, 201}. 2 2011, No.49 201LNo.49 3 The Merchant Shipping (Vessels in Commercial Use for Sport or Pleasure) Regulations, 2011. TIIE MERCHANf SHIPPING (VESSELS IN COMMERC1AL USE FOR SPORT OR PLEASURE) REGULATIONS, 2011 ARRANGEMENT OF REGULATIONS I. Short Title 2. Definitions ~ Application 4. Commercially operated large vessels complying with a Code 5. Commercially opcratcd smal! vessels complying with a Code 6. Vessels operating in a Limited Geographical Area within the Caribbean Region 7. Equivalent provisions 8. Acceptance of results and verifications and tests 9. Offences 10. Powerto detain 11. Safe Manning The Merchant Shipping (Vessels IfI Commercial Use for Sport or Pleasure) Regulations. 2011. ANTIGUA AND BARBUDA 4 201 L Nu.49 THEMERCHANT SHIPPING (VE~EL'l IN CO~IERClAL USE FOR SPORT OR PLEASURE) REGULATIONS, 2011 2011,No. 49 The Merchant Shipping (Vessels in Commercial Use for Sport or Pleasure) Regulations made by the Minister in exercise of the powers contained in section 7 of the Antigua and Barbuda Merchant Shipping ACl, :W06. 1. Short Title These Regulations may be cited as the Merchant Shipping (Vessels in Commercial Use for Sport or Pleasure) Regulations, 2011. 2. Definitions In these Regulations "the Act" means the Antigua and Barbuda Merchant Shipping Act, 2006: "Director" means the Director of ADOMS, appointed under section 6 of the Act; "gross tonnage" means the gross tonnage as determined under the International Convention on Tonnage Measurement of Ships, 1969, as amended, or under any regulations relating to tonnage measurement made under the Act, as the case may be and where a ship has alternative gross tonnages, means the larger of those tonnages; "large vessel" means a vessel that is not a small vessel; "load line length" means the length of a ship as defined in the International Convention on Load Lines, 1966, as amended; "similar stage of construction" means a stage at which ~ (a) construction identifiahle with a specific vessel begins: and (h) assembly of that vessel, comprising at least 1 percent of the estimated mass of all struc­ tural material has commenced; 20ll. No.49 5 The Merchant Shipping (Vessels In Commercial Use [or Sport or Pleasure) Regulations, 2011. "small vessel" means a vessel of less than 24 metres in load line length or, in the case of a vessel the keel of which was laid or which was at a similar stage of construction before 21 July 196R. lef:s than 150 gross tonnage. (2) References in these Regulations to any Code are references to that Code with the necessary modifications for Antigua and Barbuda. such mndif;c:lrinns to he determined by the Director. 3. Application ( I) SUbject to subregulation (2), these Regulations apply to any vessel when used commercially for sport or pleasure in respect of~ (a) Antigua and Barbuda vessels wherever (hey may be; and (b) other vessels operating within Antigua and Barbuda waters. (2) These Regulations do not apply to vessels carrying more than twelve passengers. (3) Vessels that comply with relevant Regulations relating to the safety of shipping or the preven­ tion of pollution of the sea which would have otherwise applied if the vessels were not in compliance with the respective Codes referred to in these Regulations shall be deemed to be in compliance with these Regulations. 4. Commercially operated large vessels complying with a Code (I) ThIS regulation applies only co commercially operared large vessels. (2) Commercially operated large vessels shall comply with "The Large Commercial Yacht Cude' MSN 1792, and any amendments thereto, published by the Maritime and Coustguurd Agency of the United Kingdom, or such other Code as may be prescribed in substitution therefor, (3) tn these Regubtions,.t reference to a Code in relation tn e()mmer~i:111y nperatpr! 1llf£e vessels is a reference to the Code specified in subregulation (2). (4) Where a provision of the Code is expressed in the conditional (i.e., "should"). it shall be construed as a mandatory requirement. (5) Where the provisions of the Code specified in subrezularion (2) have been applied to a vessel under this regulation, and in respect of which appropriate certificates ha ve been issued in accordance with the Code, then the provisions of the relevant Regulations relating to the safety of shipping or the prevention of pollution of the sea that would otherwise apply to the vessel shall not apply. (6) Where a vessel has been surveyed in accordance with the Code specified in subregulation (2), and the appropriate certificates issued, the vessel shall not be operated unless TI!l' Merchant Shippillf? (Vl'ssels in Commercial Usefor Sport or Pleasure) Regulations, 201 l. f a) the centficares are currently III l"tllee. 2011,NQ.49 (hi the vessel complies with the applicable requirements of the Code (including any require­ menh as to oper arion, manning and maintenance); and (c) the certificates are displayed in some conspicuous place on board. or, if this is not reason­ ably practicabic, arc itvailablc for inspection on board, 5. Commercially operated small vessels complying with II Code (1) This regulation applies only to commercially operated small vessels. (2) Commercially operated small vessels shall comply with "The Small Commercial Vessel and Pilot Boat Code (The Harmonised Codej'tapplied through Marine Guidance Note 280 (Small Vessels in Commercial Use for Sport or Pleasure, Workboats and Pilot Roars, - Alternative Construction Stan­ dards), and any amendments thereto, published by the Maritime and Coasrguard Agency of the United Kingdom. or such other Code as may he prescribed in substitution therefor. (3) In these Regulations. a reference to a Code in relation to commercially operated small vessels is a reference to the Code specified in subregularion (2). (4) Where a provision of a Code is expressed in the conditional (i.e., "should"), it shall be construed as a mandatory requirement. (5) Where the provisions of one of the Codes specified in subregulation (2) have been applied to a vessel under this regulation. and in respect of which appropriate certificates have been issued in accordance with the applicable Code. Dr where a vessel is operating under the phase-in arrangements of a Code, then the provisions of the relevant Regulations relating to the safety of shipping or the prevention of pollution of the sea that would otherwise apply to the vessel shall not apply. (6) Where a vessel has been surveyed in accordance the Code specified in paragraph (2), and the appropriate certificates issued, the vessel shall not be operated unless «(I) the certificates are currently in force; (b) the vessel complies with the requirements of the relevant Code (including any require­ ments as to operation, manning and maintenance); and (c) the certificates are displayed in some conspicuous place on board, or, if this is not reason­ ably practicable, is available for inspection on board. 2011,No.49 7 The Merchant Shipping (Vessefs in Commercial Lscj. or Pleasure] Regulations, 2(1), 6. Vessels operating in a Limited Geographical Area within the Caribbean Region ([) The Director may permit alternati ve provisions to be made for vessels solely operating within a limited area within the Wider Caribbean Region, where he is satisfied that these provisions together with the appropriate service limitation provide an equivalent level of safety to these Regulations or the applicable Code. (2) In this regulation. "Wider Caribbean Region" has the same meaning as in regulation 5( I)(h) of Annex V ofthe International Convention for the Pollution from Ships 1973, as amended. 7. Equivalent Provisions Where these Regulations or a Code referred to in these Regulations require that a particular piece of equipment or machinery shall be provided or carried in a vessel to which these Regulations apply. or that any particular provision shall be made, the Director may permit any other piece of equipment or machinery to be provided or carried or any other provision to be made In that vessel if he IS sausned that such other fitting. material, appliance or apparatus or type thereof. and or service limitation, or provision is at least as effective as that required by these Regulations or the Code. 8. Acceptance of results of verifications and tests For the purposes of these Regulations, the Director may accept the results of verifications und tests carried out by the bodies and laboratories of other Flag State Administrations (States) or lACS Member Classification Societies offering suitable guarantees of technical and professional compe­ tenCt~ :lnd independence to the satisfaction of the Director 9. Offences (I) Contravention of these Regulations is an offence by the owner and the master of the vessel which shall render both of them liable on summary conviction to a fine of fifty thousand dollars ($50.000.00) or to imprisonment for two years. (2) It is a defence to a charge under this regu lation to prove that the person charged took all reasonable steps to avoid commission of the offence, 10. Power to detain ( I) In <lily case where it vessel don not comply with the requirements of these Rcgulatioux, the vessel shall be liable to be detained. and any person generally or specially authorised by the Director may detain the vessel. (2) If the vessel, after detention or after service on the master of any notice of an order for deten­ tion, proceeds to sea before it is released by a competent authority, the master or the vessel. and also TIl(' Mere hctn] Shipping (VC"5c1.~ ;11 Commercial U~c/;JI-Sport or Pleasnrc} Regulations. 20IJ. 20! 1, No, /19 the owner and an)' per"on who "end the vcsacl to seu. ifth,\t owner or person i,; party or privy to the master's offence, commits an offence and is liable on conviction to a fine not exceeding five thousand dollars. (3) Where under these Regulations a vessel is detained. the Comptroller ofCustoms shall refuse to grant port clearance". 11.SafeManning (l )The requirement for certification, safe manning. hours nf work ;l\lti W;]fr'hkeeping in respect of pleasure yachts in commercial use under JOOO GT shall be in accordance with the relevant provisions of the Code referred to in regulation 4. (2) The Director may under this regulation recognise and endorse a Certificate issued in accor­ dance with the Certification system. as defined in MSN 1802 and MGN 156, as amended. for Deck and Engineer Officer~ n~~rf'rtively. :1" pllhli,~hed hy the Maritime and Coasrguard Agency of the United Kingdom. ("i) Where the director recognises a Certificate under paragraph (2) he shall endorse such a Certifi­ cate to attest to its recognition. Made the 30th day of June. 2011 TheHonourable Baldwin Spencer, Prime Minister lind Milli8fer responsible [or Merchant Shipping lind Registration.