Shipping (Small Commercial Vessels) Regulations, 2008 (No. 31 of 2008)

ANTIGUA AND BARBUDA TIlE SHIPPING (SMAlL COMMERCIAL VFSSEI.S) REGULATIONS, 1008 STATIJIURY INS11WMENT 1008, No.31 [ Printed in the OfficialGazette Vol. XXVIII No. 46 dated10th July. 2008.} Printed at the Government Printing Office, Antigua and Barbuda, by Eric T. Bennett, Government Printer ~ByAuthority, 2008. 800---7.08 [ Price$6.80¢ ] The Shipping (Small Commercial Vessels) Regulations, 2008. 2 2008,No.31 ZOOS, No. 31 3 TheShipping (Small Commercial Vessels) RegultUiolts, 2008. RerulatiOIlJ 1. Short title 2. Int~retation 3. Application 4. Exemptions 5. Equivalent standards PARr I-GENERAL PARI'D-REQL'JREMENTS FORVFSSElS 6. Vessels to be surveyed within one year 7. Certificate oflnspection 8. Inspections 9. Responsibilitiesof owner and master 10. Suspension ofCertificate of Inspection 11. Prohibition on proceeding: to sea PARTm-BOAT MASTERS ANDBOATENGINEERS 12. Master and Engineers 13. Issue of Licence, standards and conditions 14. Grade and area restrictionsof110at master licences 15. Grade and area restrictionsofboat engineerlicences lb. cx.isttng licences 17. Validityand renewalof'licences 18. Standard ofcompetence required 19. Record and surrender ofli.cences :lU. KepJacement licences 21. Suspension or cancellation of licence PAKT IV -HOUKSOFWOKK 22. Interpretation 23, Duty ofowner, master,crew 24, Workinghours in vessels on voyages of24 hours or mote D. WorJcing .'nuts m vessels on voyages of less than 24 hours 26. Contravention ofregulation 25 TheShipping (Small Commercial Vessels) Regulations, 2008. PARTV- MANNING ANDTRAlNINC Z7. Manning 28. Training in emergency procedures PARTVI-MtSCElLANEOUS 29. Offences and penalties lO Defence 31. Powerto detain 4 2008,No. 31 2008.No. 31 5 The Shipping (Small Conunucial Vessel$) ReguJtJritm!, 2008. The Shipping (Small Commerdal Vessels) Regulations. 2008. AN'DGUA AND BARBUDA 6 2008.No.31 'I1IE SlUPPlNG (SMAlLCOMMEROALvmmJS) REGULATIONS, %008 The Shipping (SmallCommercial Vessels) Regulations. 2008,made inexerciseoftbe powerscontained in section7 of theAntigua and Barbuda MerchantShippingAct, 2006. PARTI GtMltAL 1. Short title These Regulationsmaybe cited as theShipping(SmallCommercial Vessels) Regulations, 2008. Z.lDterpretaUOD In these Regulations "Act" DICiU15 the Antigua. 4Ild Barbuda Merchant Shipping Act, 2006; "Code" meanstheCodeofSafetyforSmallCommercial Vessels (the SCVCODE)"; "commercial vessel" a rneans cargo or pR!'l!l&enERf vessel ofmore than five metres but less than 24 metres in lengththatcarries not more than 150passengersor provides overnightaccommo­ dation for not more than 50 passengers; "existing 1i~PTlce" means a licence to operate a commercial vessel of less than 24 meters in length, issued prior to the coming into force of these regulations; "existing vessel" means a vessel which is not a new vessel; "fishing vessel" means a vessel used or intended to be used for fishingfor profit and does not include vessels used for the carriage of passengersused for sport fishing; ''new vessel" meansa 'Vessel the keel of whichwas laid or the constructionor lay-upofwhich was started on or after 31 January2005; "owner" in relationto a ship,includesa demiseor bareboat charterer.a managingownerand an operator; ''passenger'' means a person carried in a ship, except 2008,No.31 7 The Shipping (Small Commercial Vessels) Regulations. 200a. (a) the master, a member of the crew, an apprenticeor a personemployedor en&aged in any capacity on board tile Ship or the business of the ship; (b) a child underone yearof age;and (c) a person carried on the ship under an obligation imposed upon the master to carry shipwrecked, .distressed or otherpersons, or by reason of any cireumsrances which neither themaster nor the ownernor the charterer could prevent or furestall; "'paSsenger vessel" means a vessel canying more Ihan 1Z passengers; "voyage" includesan excursion. 3. Applkadon Subject to regulation4, theseregulations shall applyto conunercialvessels registeredinAntiguaand Barbudaand to other commercial vesselswhile they are withinAntiguaand Barbudawaters. 4. Exemptions (1) The Director may grant exemptions from any provision of these-regulations for classes of veS3C:13 or CD3e3 or individuo.l C4SCS on llJly terms specified. (2) An approvalor exemptiongivenundertheseregulations mustbeinwritingand specify thedate on whichit takes effectand any conditionson which itis given. 5. Equivalent Itandards TheDirectormaypermit apieceofequipment or machinery tobeprovidedor carried,or a provisionto be made, t it)different from one specified by these "'SUlalions or the Code if he or she is satisfied by trials or otherwise that the other piece of equipment or machinery or provision is at Jeast as effective as those specified. PAKfll REQutREMENTSFORVESSELS 6. Vessels to besurveyedwlttdo OM year Avessel to which these regulations apply must besurveyed forthe issueofa Certific8teofInspectiOD in accordance with regulation g nnt b,ter than one year after thf" IU': reglllHtions. come into effect. The Shipping (Small Commercial Vessels) Regulations, 2008. 7. Ccrtilh:atc of Inapcdloo 8 2008, No.31 (1) The owner of a commercial vessel iball apply 10 the Direttor in writing for a Ccrtifu;ate of Inspectionfromthe ADOMS. (2) Ifthe applicationisbeingmade in respectDCa~lbeing newly constnwtcd or converted,the applicationshall be submittedprior to the stlJ'tofthe constructionor conversion, (3) The application must be QOoomponi~by tho infOnnation rclotinJ to the~l that the Direotor requites and the prescribed fee. (4) The ADOMS shall issue a Certificateof Inspectkm after it is satisfied, on inspection, that the veseel complies with the Code. (5) The certificate,unless revoked soonerby theADOMS,is valid·for a period (a) in the case of a vessel capab~ of carrying lhore than 12 passengeR on an intenuational voyage, not exceedingone year; and (b) in any other case, five years. 8. Inspections (I)An initial or renewal inspectionincludes an iMpeetiOl1of1be buJl ud IClatcdilcms on dry-dock, strucmre, machinery, electrical equipment,life!laving equipment, fire peorection equipment, prl"S.mre vessels and boilers, steering systems, miscellaneous equipment and systerl15, aaaitatioluDd opera­ tionalpractices including the competenceand cossposidon of'thecrew. (1) The annualmspection ensures that the ship and its equipment have heen mAintained inaccor­ dance with the Code and are in satisfactory worms order. (3) An inspection for the renewalof a Certificateof Inspectionmustbe conductedno earlier than three month.'!prior to the expiry ofthe certificate. The new certificate is dated from the expiry date. (4) An annual inspection must be condwcted betweeatheninth and the fifteen month after the anniversary date of the Certificateof Inspection. (5) The Directormay require a dry-dock inspection to be camedQlltona vessel a.t anyother time. 9. RetpODIibiIities ofowner and IIlllSter The owner or master of a vessel to which these regulations apply shall ensure that 2008.No.31 9 The Shipping (Small Commercial Vessels) Regulations, 2008. (0) the safety equipment is maintained so as to comply With the COde; (b) after anysurvey requiredby these regulationshas been completed. no change is made in the structuralarrangements, machineryor other items covered by the surveywithout the approval of theDirector; and (c) ifan accidentoccurs to the vessel or a deficitis discovered which affects the safetyofthe vesselor the efficiencyor completeness ofits life>-saving appliancesor other equipment, the master or owner Of the vessel reports it at the earliest opportunity to ADOMS. who shall determine if an inspection is necessary. 10. Suspension ofCertifieate ofbJlpeCtiuu (I) Ifa vesseldoes not complywith the requirements ofthese regulationsor the Code, theDirector may suspend the validityof the CertificateofInspectionby giving notice to the ownerand the master of the vessel stating whatcorrective action is required to end the suspension. (2) Whenthe Directorsuspends thevalidityof a CertificateofInspection.the owneror mastershall inunediately deliver the certificate issuedin relation to the vessel to the Director. (3) When the Director is satkificd tMt the required~ lKinOIl has been tab:u. be w she llhlill restore the validityofthecertificate andretumthecertificate issued in relation kl the vessel to themaster. 11.Prohibition on proceeding to sea A vessel to which these regulationsapply shalt not proceed or attempt to proceed to sea unless (a) it has a CertificateofInspection in force; (b) the vessel complies with the requirements of the Code, including any requirements as to operation. manning and maintenance. and is operated in accordance with anyconditions as specified in the certificate; and (c) the certificateis displayedin a conspicuous place on board, PARfW BOA'I'MASTERSAND BOATENGINEERS J2. Masterand Engineers (1) A vessel to which these regulations apply diall CaT!'}' in command II. person who i.$qualified CI:i follows: The Shipping (Small Commercial Vessels) Regulations. 2008. 10 2008.No.31 (a) be or she holds a licence iSSued by tbe lJirectOr under regulation 13 stating that be or she is qualified to have commandof sucha vessel, if . (i) the licence is in forceand is of a grade appropriate in respectto thewatersin which the vessel is being navigated, f1le size ofthe vessel and the numberot'passengen: carried; and (0) the vessel is in an area specified in the licence as one in which a vessel may be naVigatedunder /:becommand of the·boJde1; OJ" (b) heor she is the holder of a certificateof competency as a Deck officer issued in accordancewith the provisions of the STCWConvention. (2) A commercial vessel fitted withmain propulsion machinery ofup to 750 KW shall, where an engineeris required by the Director.or Table IX/S.2of the Code, carryas engineera person who is qualifiedas follows; (3) Except as authorisedby the Director,vesselswithenginesof higherpowershall carry engineers qualified in accordancewith theSTCWConvention. 13. Issue ofLicence, staIUlan11land cvudiliulU (1) Apersonwho wishesto applyfora boat masterlicenceor a boatengineerlicenceshallapplyto the Director in the form specifiedby the Directorandshall pay the fee required for thelicence. (2) The Director shall, if satisfied that the applicant meets the requirements referred to in sub­ , regulation (3) and is a fit person to be the holder of such a licence and bas paid the fee, issue the licence. (3) The: Directormayspecify in writing theconditions requiredandparagraphs IX/5 toIX/7andIXI 9 to IX/II of the Code applywith respect to specifying (a) the standards of competence to be attained and the conditions, including conditions as to medical fitness. tobe satisfiedby a person in order fora licenceto be issuedto himor her under these regulations; (b) lilly exccptious eppliceble with rcapect to any of those standards or conditions; (c) the manner in whichthe attainment of the standardsor thesatisfaction of the conditions is to be evidenced; and (d) the conductof any examinations and the conditions ofadmission to them. 2008,No.31 11 TheShipping (Small CommercUzl Vessels) Regulations, 2008. 1....0rade and area n::tridio... of boat master 6«8"'1 (1) Alicence as a master issued under regulation13bears the title "Boat master Licence"ofone ofthefollowinggrades: (0) Boat masterLicence,Grade 1; (b) Boat master Licence,Grade 2; and (c) BoatmasterLicence, Grade 3. (2) The grade oflicence appropriate in respectofa vessel is determined in accordancewith plU'Q.gro.ph IXIJI oftho Code. (3) A boat master licence ofany grade must state the restrictions to which the licence is subject determinedby the Director 88 to the area or areas in which a vessel may be navigated under the command ofthe holder. IS. Grade and area restrictJ.onsof boat~Ueemes (1) A licence as engineer im.1M undf!TTegulation 13 bears the tide "Boat EngineerLicence" of one of the following grades. (a) Boat EngineerLicence, Grade I; and (b) BoatEngineerLicence. Grade 2. (2)The grade oflicenceappropriate in respect ofa vesselis determinedin accordancewithregula­ tion IX/8 of the Code (3)Aboat engineer licenceofany grademust state the restrictions to which thelicence is subject that the Directordeterminesas to thearea or areasin whicha vesselmaybe operatedunder thecharge of the holder 16. Existing Uceoces (1) A person who holds a licence on the day on which these regulations comes into force and wishes to apply for a boat master licenceor a boat engineer licenceshall apply to the Director in the formspecified by the Directorand shallpay the fee required for the licence. (2) The Dicector shall, ifsatisfied that theapplicant meetsthe requirements, issuethelicence, which shall The Shipping (Small Commercial Vessels) Regulations, 2008. (a) be ofthe grade which ia appropriate in ftl!lPCIOt of 12 2ooS,No.31 (i) a vessel whenbeing navigated or operated in waters in the area or areas stated in theexisting licence as the area or areas of operation; and (0) the size ofvesselwhichin theperiod of twelvemonthsbefore the cominginto force of these regulations was navigated or operated in that area underthe command or charge ofthe holder ofthe existing licence; and (b) state the area or areas in which a vessel may be navigated or operated under the command or charge of thebolder, which is thesame as theareaor areas stated in the existing licence as thearea or areas ofoperation. 17.Validityand renewal ofllcences (I) A licence issued to a personwho is less than 63 yearsold at thetime it is issued is valid until theearlier of (a) three years after the day on which it was issued; and (b) the day on which the holder of the licence tnms 61. YI"~n. old (2)Aperson referred to in sub-regulation (I) wishing to re-validate a licenceshall ta) provide theDirectorwitha valid medicalfitness certificate rhat complies with the require­ ments specified by the Director; (1)) provide theDirectorwithproofthat theperson bashad at least 45 daysservice in vessels for which the licence is valid during the previous three years; and (e) pay theprescribed fee for re-validatioa (3) Alicence issued to a person who is 63 years old or mote at the timeit is issued is valid for one year. (4} ApersonKEened to in sub-regulation (J) wishing to re-validate a licenceshall (a) provide the Directorwitha valid medical fitnesscertificatethat complies with the require­ ments specified by the Director; (bj provide theDirectorwith proofthat theperson has had at least 15 days service in vessels for which the licence is valid during the termofthe licence;and (c) pay the prescribed fee for re-validation. 2008, No. 31 13 The Shipping (Small Commercial Vesseb') Regula/ions. 20OS. (5) A person who is unable to produce proofofthe experience required under paragraph (2)(b) or (4)(b) shall apply for an examination. (6) The Director shall, if satisfied that theapplicant meets the rcquircmcnts--rcferrcd to in sub­ regulation (2) or (4) or bas been successful in theexamination referred to in sub-regulation (5), is a fit person to be the holder of such a licence and has paid the fee, issue the licence. 18.StandardsofcompetencereqDlred A licence issued WIder these regulations remains valid only so long as:the holder complies with the standards ofcompetence and the conditions, includingconditions as to medical fitness, specified in regulation 13(2) ofthe Code. 19. Record and surrender ofUcences The Director shall ensure that the Registrar, or another penon designated by the Director keeps a record of (a) every licence issued under thisPart; and (b) every suspension., cancellation or alteration of, and any other matter affecting such a licence. 20. Replacement licences (I) The holder ota licence who proves to the satisfaction ofthe Director that he or she has, without fault, lost or been deprived ofa licence already issued to him or her, the Director shall cause a copyof the licence to be issued to its holder on payment of the prescribed fee. (l) If the Vtrector IS not satisfied that the loss or deprivation was not due to the fault oftbe holder oftbe licence, theDirector may cause a copyofthe licence to be issued to its holder on paymentoftile prescribed fee. (3) The Director shall certify, or cause to be certified by a person he or she designates, copies of licences ISSUed under sub-regulations (1) and (2). 21. Suspension or caDceU.tieh oflicence ( I) 'Ihe Director may appoint a person to hold an inqwry into the fitness to discharge duties ofa. licensed boat master of boat engineer if it appears to the 'Director thai there is a question as to the competence or misconduct of the licence holder or for any other reason. (2) The Director may suspend the licence pending the outcome of the inquiry. The Shipping (Small Commereial Vessels) Regulations, 2008. 14 2008.No. 31 (3) A person whose licence is suspended shall BI.UTerlder it to the Director within seven days of receiving a notice of suspension. (4) If the inquiry recommends the suspension or cancellationof the licence. the Director shall notify the holder ofthe licence andpermit him. or her to make representations within fourteen days of the notice. (5)The Director shall make the decision as to whetherto cancel or suspendfurther the licenceafter considering the representations, or, if no representations have been made, within ten daysafter the end of the fourteen days mentioned in.sub-regulation (4) andshall notify the holder of the licence accordingly. PARTJV HUURSOF WOKK [note: Have you spoken with the Labour Commissioner to ensure that the Antigua and Barbuda labour code does not apply at all to employees on vessels? Please advise.] 22.interpretation (1) In this Part, unless the context otherwise requires, "crew" in relation to a ship includes seamen and apprentices; "employer", in relation to a master who has commandofa vessel in the course ofemployment, means the person who emplovsthat master in that employment: "seaman" includes every person employed or engaged in any capacity on board a ship, other than a master, a pilot or a persontemporarily employed on theship while in port, and - appren­ tices; "working day", in relation to a person to whom this Part applies, means a period during which the person is on duty which is followed by an interval of rest ofoot less than8 hours. (2) For the purposes of this Part a director ofa company is deemed to be employed by it. 23.Dutyofowner. master. crew (I) The owner ofa vessel shall ensure, so far as is reasonably practicable, that no master or seaman worke more hours than is safe in relation 10 the safety of the vessel, its cargo and persone carried on board and that regulations 24 and 25 are adhered to. (2) Every master of a commercial vessel shall ensure, so far as is reasonably practicable, that no seaman works more hon.... thflfl i'l. safe. in relation to the safety of the vessel, irs rArzo and perJlOrul carried on board. 2008~No.31 15 The Shipping (Small Commercial Yessels) Regulations. 2008. (3) Every master and seaman, so far IS reasonably practicable, sha1l ensure that he or she is properly rested when commencingduty ona vessel andobtains adequate rest dwing periods when off duty. 24. Working houn in vessels on "Voyage. 0124 boon or more (I) Thisregulationapplies to commercialvesselswhichdo notcompletea voyagewithin 14hours. (2) The hours ofrest must not be less than ten hours in every twenty-fourhour period. (3) The ten hours maybe divided into no more than two periods. so long as one ofthem is at least six hours in length. (4) The ten hours may be reduced to not less than six consecudve hours if (a) the reduction does not extend beyond two days; and (b) not less than seventy hours or rest are provided in each seven-day period. (5) The rest periods required by this regulation need not be maintained in cases of emergency includinggiving assistanceto other vessels, persons in distress at sea. drill or overriding operational conditions. 25. Working hours in vesselson voyages of less than 24 hours (1) This regulation applies to vessels which completea voyage or voyages in less than 24 hours. (2) In this regulation,"on duty" means (a) (b) in the case ora master who 11m; commend ofa vcaael in the course ofemployment, ' being actively employed by the person who employs him or her, whether for the purpose of having the commandofa vessel to which this regulation applies or for other purposes; and in the case of a master who bas conunand of a vessel for the purposes of a trade or business, having commandof a vessel to which this regulation applies for the purposes of the trade or business, or being otherwise engaged in work for the purposes of that trade OT business, ill connection with the vessel or the pauengets carried by it (3) Subject to sub-regulation(4), (aJ the working hours of a master or engineer must not exceed sixteen hours; The Shipping (Small Commercial Vessels) Regulations. 2008. J6 2008,No.31 (b) amaster orengineer must not be employed onany wortciJ'lg day onavesser orvessels to which this regulationapplies far periods 8JJ1OUDtiiI.g in the aggregate to more than ten hours; (c) an intervalof thirty minutesinwhichamasteror engineermayobtainrest and refreshment must be provided to themasteror engineer if (i) the master or engineerhas been on duty for a period of six hours; and (ii) the end of the last of 1he periods doesnot mark the end of the working day; (d) an intervalofthirty minutes inwhicha masterorengineermayobtain restandrefreshment must be provided to the masteror engineerif (i) the master or engineerhasbeen ondutyfor periods amountingin theaggregateto six hours; (ii) such an interval has not beenprovided to the masterbetween two of theperiods; and (iii) the end ofthe last of the periods does not mark the end of the workingday; (e) an interval of rest ofnot less than eighthours mustbe provided to the masteror engineer between two successive working days, and a period during which a master who has command of it vc6lK:1 in the course ofewployrtlent may be called upon to report for duty if required does not constitute a period of rest. (4) The rest periods required by this regulation need not be maintained in cases of emergency including giving assistance to other vcssela, persons in distress at sea, drill or overriding operational conditions. 26.Contraventionorr~ation25 (1) A master and a master's employer or a person to whose orders that master was subject who causesor permitsa contraventionof regulation24 or 25 commitsan offence. (2) It is f' defence for a person charged with an offence under this regulation to show that the contraventionwasdue to an unavoidabledelay in the completionof a voyage arising out of circum­ stances which the person could not reasonably have foreseen. (3) It is II defence fOJ" II penlon other than a master charged with an offence under this regulation tn show that 200s,No.31 11 The Shipping (Small COmmt!!TCiaJ Vessels) Regulations. 2008. (a) the contravention was due to the fact (i) that the master had conned a vessel or vessels; or (n) that themaster had been on duty otherwise than in the employmentof theperson chargedor otherwisethan in the employmentin whichbeor she was subject to the orders of the person charged; and (il) that the person charged wasnot, and could not reasonablyhave become, aware of that fact. PARTV MANNING AND 11lAINING 27.MaDOing A vessel to which these regulations apply shaJl not proceed on a voyage or excursion unless the manningof thevessel is in accordancewith the Certificateoflnspection or approved by the Director in accordancewith paragraph1X117 oftheCode. 28. Training in emergency procedures The owner of a passenger vessel to which these regulations apply shall (a) establish procedures for the person having command of the vessel and other persons employed or engaged in any capacity on board the vessel which set out actions to be taken during emergencies by the master and crew to assist passengers, and otherwise deal with emergencies; and (b) ensure that each of those personshas received on-board training in the procedures to be observed by that person in such an event. PART VI MISCELLANEOUS 29. Offences and penalties (I) An owneror a masterwho contravenes anyprovisionof Part II or III or regulation27 commits an offence and is liable onSWIlIll8ryconviction to a fine of thirty thousanddollars,or imprisonment for six: monms or to both. The Shipping (Small Commercial Vessels) Regu/c;:tions, 2008. 18 2008, No.31 (2) A person whu contravenes 'luy pi ovision ofPwllV or r-c;gu.llltioD 28 commies an Offl;nl;C;; and ;3 liable on summary conviction to a fine of twenty thousand dollars. 30. Defence It is a defence for a person charged with an offence under these regulations to show that he or she took all reasonable precautions andexercised all due diligence to avoid the commission ofthe offence. 31. Power to detain A ship to which these regulations apply thatdoes not wmply with the requirements of these regula­ tions is liable to detention under the Act as though the words "the Act" in section 127 relating to detention read "The Shipping (Small Conunercial Ves.;lelll) Re£Ulla.tion~ 2008" Made the Brd dayofJune.2008. ~ L· / .: ':'J,'ml'f!["Y;"NhI~fOf Mad",,,, Sm/'I)"'.~ . and.~Jiri) Rl'!!~\-rr(/I!oll