The Shipping (Local Trade) Regulations No. 29 of 2003

SHIPPING 2.01 THE SHIPPING ACT REGULATIONS (under section 15) THE SHIPPING (LOCAL, TRADE) REGULATIONS, 2003 (Made by the Minister on the 20th day ofMarch, 2003) L.N. 29'~12003 1 . These Regulations nay be cited as the Shipping (Local Trade) citation. Regulations, 2003. 2. In these Regulations- interpretation "foreign ship" means a ship that is not a Jamaican ship; "local trade" means local trade in Jamaican waters; "local trade in Jamaica waters" means the transport locally of passengers or goods or the carrying out of any other operation or activity locally, within Jamaican waters, for the purposes of trade, profit or reward; and "local trade certificate" means a local trade certificate issued under regulation 5. 3. Subject to the provisions of these Regulations, a foreign ship shall Local bade not engage in local trade unless the ship holds a valid local trade :,$ certificate. 4. The provisions of Parts IX and X of the Act (which relate respectively Application to safety and inspection of ships) and any regulations made thereunder, ::$:,, shall (a ) apply to foreign ships engaged in local trade; and (b) be additional to any other requirements applicable to the operation of such ships. 5.-(1) The owners or agent of any foreign ship proposed to be engaged certifrytion in local trade, shall submit to a registrar- of fmp slups m local trade. (a) an application in the form set out in the First Schedule; and ~ i n t Schedule. [The i~iclusion of this page is authorized by L.N. 33N20051 2.02 THE SHIPPI.\% (LOCAL T W E ) REGVLATIONS, 2003 (b ) the documents and information specified in paragraph (2) in relation to the ship. (2) The documents and information referred to in paragraph (1) are (a) Certificate of Registry; (b ) Tonnage Certificate; (c) Load Line Certificates; (d) Safety Certificates; (e) Proposed Manning Schedule; u> where the owners are not resident in Jamaica, written evidence of appointment of a person resident in Jamaica as managing owner or agent of the ship; (g) written evidence of financial responsibility against risk of damage to third parties; (h) such other information as the Registrar-General may require. (3) Upon being satisfied that the requirements of paragraph (1) have been met the Registrar shall forward all the documents to the Surveyor General, who shall cause the ship to be surveyed and thereafter forward the documents and his findings to the Registrar-General. (4) The Registrar-General shall if satisfied that (a) the operation of the ship is in compliance with the requirements of the law with respect to maritime safety and marine pollution prevention; ( b ) a Jamaican ship is not available to perform the same functions as those of the foreign ship, mid issue upon payment of the appropriate fee specified in the Third Schedule, a Schedule. Second local trade certificate as set out in the Second Schedule in respect of the ship. Schedule. ( 5 ) A local trade certificate shall, subject to the provisions of these Regulations, be issued for a duration of three, six, nine or twelve months, as the case may be. (6) A local trade certificate may be renewed on one or more occasions in accordance with the provisions applicable to the original application and shall take effect from the expiration of the previous certificate. (7) An application for renewal shall be made not later than one month before the expiration of the existing certificate and shall be accompanied by the appropriate fee specified in the Third Schedule. [The inclusion of this page is authorized by L.N. 33A/2M)5] THE SHIPPING (LOCAL TRADE) REGULATIONS, 2003 2.03 (8) The fees specified in the Third Schedule shall be payable in the Third currency of the United States of America as therein specified or in the Schedde equivalent in Jamaican currency. (9) Where an application for the grant or renewal of a certificate does not meet the requirements of these Regulations and is refused, the Registrar-General shall, in writing, notify the applicant and state the reasons therefor. 6.-(1) The Registrar-General may cancel a local trade certifkate in the :;zzE, following circumstances (a) he is satisfied that the continued operation of the ship in local trade would be detrimental to the interests of Jamaica; (6) the owner or master of the ship has been convicted of an offence under the Act or any other enactment relating to the prevention of marine pollution; or (c) the shipowner has made a written request therefor. (2) Where a certificate is cancelled the owner of the ship shall, forthwith upon being notified thereof, return the c e a c a t e to the Registrar General. 7.-(1) The provisions of the Act and any regulations made thereunder M""B relating to the manning requirements of Jamaican ships shall apply to a foreign ship engaged in local trade. (2) Subject to paragraph (3), only Jamaican seafarers shall be employed as such on a foreign ship engaged in local trade. (3) Where the owners of a ship prove to the satisfaction of the Director that there are insufficient Jamaican-certificated seafarers available for employment on the ship, then such number of other appropriately qualified and duly certificated seafarers may be employed. (4) An uncertificated seafarer seeking employment or a prospective employer thereof, may apply in writing to the Director for an exemption from the requirements of this regulation, and the Director may grant an exemption subject to such conditions as he thinks fit and for a period not exceeding twelve months. 8. The Director may, on written application by the owner of a foreign ship Exem*tiO"". engaged in local trade, by instrument in writing direct that the ship be exempt , from any specific requirement of these Regulations if he is satisfied that the requirements relating to safety, marine pollution and prevention and manning have been substantially complied with. [The inclusion of th~s page is authorized by L.N. 33A120051 THE SHIPPING (LOCAL TRADE) REGUU TIONS, 2003 FIRST SCHEDULE (Regulation 5 ( I ) ) Application for Local Trade Operation Regulation 5 MARITIME AUTHORITY OF JAMAICA LOCAL TRADE CERTIFICATE Name ofship Ollicial Number IMO Number Call Sign Pan &Country oiRegistry Third Ollicer Cook Other: 1 The vessel described above is hereby nulhorized lo engage in Local Trade subject lo the following conditions: [The inclusion of this page is authorized by L.N. 33.4/2005] THE SHIPPING (LOCAL TRADE) REGULATIONS, 2003 FIRST SCHEDULE, contd. (Regulation 5 (1)) An Application for Local Trade Certification should where applicable, be accompanied by the following Documents: Certificate of Registry Tonnage Certificate Loadline Certificate Safety Certificate Proposed Manning Schedule Appointment of Authorized Agent Evidence of Financial Responsibility against third party damage Applicable Fee [The i~iclusion of this page is authorized by L.N. 33A/2005] THE SHIPPING (LOCAL TRADE) REGL'LATIONS, 2003 SECOND SCHEDULE (Regulation 5 (4)) Local Trade Certificate APPLICATION FOR LOCAL TRADE OPERATlON Couk h m p Mu, I hereby apply to cngagc the ship described above, in Lacal Tradc activities in Jamaican Waters in accordancl with Section I5 (7) of the Shipping Act, IW8 and have dleched hcrclo, Ihe rcquircd supporting documcdat~ol indicatcd overleaf. To (he bcsl o i m y knowledge, all the information pmvidcd is true. [The inclusion of this page is authorized by L.N. 33A/2005] THE SHIPPING (LOCAL TRADE) REGULATIONS, 2003 THIRD SCHEDULE (Regulation 5(4), (7) and (8)) Service Fees 1. Issue of a 12 month Local Trade Certificate (a) Vessels 24 metres and below: Up to 30 ft. (up to 9 metres) US$1,350.00 3 1-40 ft. (9.3-12 metres) US$3,300.00 41-79 A. (12.5-24 metres) US$6,500.00 (b) Vessels over 24 metres: First 7500 tonnes or under For each tonne from 7501-15000 tonnes For each tonne from 15001-25000 tonnes For each tonne from 25001-35000 tonnes For each tonne over 35001 tonnes Notes: 1. Fees for certificates of shorter duration will be prorated accordingly. 2. Fees relate to gross tonnage. 2. Replacement of a certificate which has been lost US$250.00 [The inclusion of tlm page is authorized by L.N. 33N2005 ]