Antigua and Barbuda Merchant Shipping (Amendment) Act Cap 28 1998

Link to law: http://laws.gov.ag/acts/1998/a1998-7.pdf

arbuda Merchant 1 ANTIGUA
Shipping (Amendment) Act, Cap. 28 AND

BARBUDA

[ L.S. ]

I Assent,

James B. Carlisle,
Governor-General.

17th July, 1998.

ANTIGUA AND BARBUDA

No. 7 of 1998

AN ACT to amend the Antigua and Barbuda Merchant Shipping
Act, Cap. 28.

[ 30th July, 1998 ]

ENACTED by the Parliament of Antigua and Barbuda as follows:

1. This Act may be cited as the Antigua and Barbuda Merchant Short title.
Shipping (Amendment) Act 1998.

2. Section 5 of the Antigua and Barbuda Merchant Shipping Act Amendment of
(hereinafter called the principal Act) is amended by section 5 Cap. 28

(a) inserting the following definitions in their alphabetical
order:

"bulk carrier" means a ship which is constructed gener-
ally with single deck, top side tardcs and hopper side
tanks in cargo spaces, and is intended primarily to cany
dry cargo in bulk, and includes such types as ore carriers
and combination carriers;

"chemical tanker" means a ship constructed or adapted
and used for the carriage in bulk of any liquid product

ANTIGUA 2 Antigua and Barbuda Merchant No. 7 of 1998
AND Shipping (Amendment) Act, Cap. 28

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listed in Chapter 17 of the International Bulk Chemical
code:

"Chief Engineer Officer" means the senior engineer
Officer responsible for the mechanical propulsion and
the operation and maintenance of the mechanical and
electrical installations of the vessel;

"Engineer Officer in Charge of a Watch" means any
person who is in charge of a vessel's main propulsion
system and its' associated equipment, maintaining di-
rect control over the performance of all functions
within the designated area of responsibility and under
the direction of an individual serving in the manage-
ment level for that area of responsibility;

"liquified gas tanker" means a ship constructed or
adapted and used for the carriage in Bulk of any liquid
gas or other products listed in Chapter 19 of the
International Gas Carrier Code;

in charge of a Navigational Watch" means any
person who is in charge of the navigation or manoeuvring
of vessel maintaining direct control over the perfor-
mance of all functions within the designated area of
responsibility and under the drection of an individual
serving at the management level for that area of respon-
sibility ;

"oil tanker'' means a ship constructed and used for the
carriage of petroleum or petroleum products in bulk or
a combination of petroleum and petroleum products in
bulk;

'Radio Operator" means a person holding an appropri-
ate r d o certificate or telegraph or telephone licence as
specified by the International Telecommunication Con-
vention and recognized by the Administration;

"Rating" means a member of the ship's crew other than
the Master or an Officer;

"seafarer's book" or "seafarer's identification records
book" means a document issued to personnel serving

No. 7 of 1998 Antigua and Barbuda Merchant 3 ANTIGUA
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aboard Antiguan and Barbudan vessels for the purpose
of providing the holder with identity papers for travel to
or from an assigned vessel, providing a record of the
holder's sea service, and noting any certitication which
has been awarded to him; but it is not a passport and is
issued without prejudice to and does not affect the
national status of the holder;

(b) by deleting the definitions, "chemical tanker", "liquified
gas tanker" and "tanker".

3. Section 7 of the principal Act is amended by adding the Amendment of sec-
following subsections: tion 7 of the princi-

pal Act.

"(3) Officers appointed under thls section are authorized to issue
certificates of competency, endorsements and documents to all
merchant marine personnel.

(4) The Director of Marine Services shall establish standards of
cedcation and upgrading of merchant marine personnel, neces-
sary and appropriate for the purpose and for the maintenance of high
standards in the register of ships of Antigua and Barbuda."

4. Section 13 of the principal Act is amended by adding the Amendment of sec-
following subsection: tion 13 of the prin-

cipal Act.

"(9) A copy of the Antigua and Barbuda Merchant Ship-
ping Act, as amended from time to time, must be carried on
board each vessel under the flag of Antigua and Barbuda."

5. Section 14(1) of the principal Act is amended: Amendment of sec-
tion 14 of the prin-

(a) by deleting items (b) and (d) and in item (c) by deleting
cipal Act.

the semicolon and by adding the words "and motor
boats:"

(b) in subsection (2) by deleting the words "and record of
boats".

6. Section 17 of the principal Act is repealed. Repeal of section 17
of theprincipal Act.

7. Section 21 of the principal Act is amended by deleting Amendment of sec-
subsection (3). tion 21 of the prin-

cipal Act.

ANTIGUA 4 Antigua and Barbuda Merchant No. 7 of 1998
AND Shipping (Amendment) Act, Cap. 28

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Amendment of sec- 8. Section 62 of the principal Act is amended by
tion 62 of the prin-
cipal Act.

(a) deleting paragraphs (3)(h) and (4)(h);

(b) by inserting the following subsection:

"(44 Every ship radiotelephone or ship earth station
and every automatic communication device installed in
ship station, shall be controlled by a radio operator, duly
certificated by a member Government of the Intema-
tional Telecommunication Union.";

(c) by adding the following subsections:

"(7) Masters, Officers, Engineer Officers and Sea-
farers designated for service to control f i e fighting
operations must submit proof of completion of a Ma-
rine Advanced Fire fighting Course.

(8) Seafarers designated for service as a Master or
Officer must submit proof of completion of a Radar
Simulator AutomaticRadar Plotting Aid (ARPA) Course
to serve on vessels equipped with ARPA.

(9) Seafarers designated for service as Master or
Officer will be required to hold GMDSS,RO Certifi-
cate.

(10) Masters, Officers, Engineer Officers and Sea-
farers designated to provide Medical First Aid or take
charge of Medical Care or both shall meet the standards
therefor in accordance with the STCW Code; appli-
cants must submit a special certificate where this is not
included in the qualification for the issued national
cerlificate.

(11) Seafarers designated to take charge of a Sur-
vival Craft, Rescue Boat and Fast Rescue Boat shall
meet the standards therefor in accordance with the
STCW Code specified therein and submit a special
certificate where this is not included in the qualification
for the issued national certificate.

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Shipping (Amendment) Act, Cap. 28 AND

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(12) Foreign certificates containing STCW 95 en-
dorsements shall be evidence of completion of the
requirements of the sections above, without the submis-
sion of Training Certificates.

(13) Subsections (7) to (12) (both subsections in-
cluded) become effective from the first day of August,
1998 but shall not apply to Seafarers who commenced
their maritime training or sea service prior to the first
day of August, 1998.

(14) Notwithstanding subsection (13), subsections
(7) to (12) (both subsections included) become effec-
tive from the first day of February, 2002 in respect of
Seafarers who commenced their maritime training or
sea service prior to the first day of August, 1998.".

9. Section 63 of the principal Act is amended by adding the Amendmentofsec-
following subsections: tion 63 of the pin-

cipal Act.

"(2) Certificates of completion referred to in subsection
(1) shall comply in all respects with the provisions of the
STCW 78 Conventions; and the level at which the off~cer is
qualified to perform must be specified in the form of the
certificate of endorsement.

(3) Officer's certificates and endorsements are valid for a
period of five years and are subject to renewal in accordance
with the conditions set out under this section.

(4) Applicants for certificates of competency, endorse-
ments or seafarer's books may be of any nationality and need
not to be citizens or residents of Antigua and Barbuda.

(5) Certificate shall be renewed prior to its expiration. An
applicant applying for renewal of a certificate or endorsement
shall surrender a certified copy of his expired certificate or
endorsement and shall submit a completed application form
together with two standard passport sized photographs of the
applicant, a report of physical examination, carried out within
the preceding twelve months period, the prescribed fee, and
evidence of professional competence as follows:

(a) sea service under his expired certificate, with
proof of sea service in the grade of certificate

ANTIGUA 6
AND

BARBUDA

Amendment of sec-
lion 64 of the prin-
cipal Act.

Amendment of sec-
tion 65 of the prin-
cipal Act.

Antigua and Barbuda Merchant No. 7 of 1998
Shipping (Amendment) Act, Cap. 28

held for a total of not less than one year during the
px tmhg five years, or

(b) all employment during the preceding five years,
including employment ashore closely related to
the operation of vessels, which may be consid-
ered by the Director to be at least equivalent to the
seagoing servic,: required by this section, or

(c) evidence of passing a refresher test, or successful
completion of an approved refresher course or
courses, or completed seagoing service in an
appropriate supernumerary capacity for a period
of not less than three months immediately prior
to the position in which he is entitled to serve by
virtue of his certificate grade.

(6) After the 1st day of August, 1998, any person applying
for a renewal of certificate must meet the same gc,leral
requirements for an Antiguan and Barbudan certificab ; are
specified in section 75.".

10. Section 64 of the principal Act is repealed and the following
is substituted:

"64. Any person who having been engaged in any of the
capacities of a Master, Chief Mate, Officer in charge of a
navigational watch, Chief Engineer or Engineer Officer in
Charge of a Watch of any vessel registered under this Act,
goes to sea in that capacity in such vessel without being the
holder of a valid certificate of competency or endorsement of
a grade appropriate to his functions and level of responsibility,
or of a higher grade, commits an offence under this Act.".

11. Section 65 of the principal Act is amended by adding the
following subsections:

"(2) Each application for a certificate of competency or
endorsement at the management or operational level shall be
submitted to the Director in form Dl and shall be accompanied
by such supporting documentation, proofs and fees as are
prescribed.

(3) Each applicant for a certificate or endorsement at the
management or operational level, who qualifies under the
provisions of the STCW Convention, will be issued an en-
dorsement in the form prescribed by the Convention stating

No. 7 of 1998 Antigua and Barbuda Merchant 7 ANTIGUA
Shipping (Amendment) Act, Cap. 28 AND

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that he has been found duly qualified in accordance with the
provisions of that Convention.".

12. Section 66 of the principal Act is repealed and the following Amendment of sec-
is substituted: lion 66 of the prin-

cipal Act.

"66 (1) Where it appears to the Minister or any person
authorised by him in this behalf that a certificate or document
granted under ths Act was obtained on false or erroneous
information, he may cancel suspend or alter such certificate or
document.

(2) Where an applicant for a certificate or endorsement has
acquired qualification or experience or performed service or
undergone training which does not meet the specific standards
referred to in section 63, but which he believes to be a
reasonable equivalent, then he may submit documentary
evidence of such qualifications, service, experience or train-
ing to the Director for evaluation. The decision of the Director
in all such cases shall be final.

(3) The holder of an officer certificate or endorsement so
cancelled, revoked or suspended shall promptly surrender it
by forwarding it by post to the Director.

(4) Any person who

(a) fraudulently makes use of or forges such certifi-
cates or any official copy thereof or,

(b) fraudulently makes use of any such certificate
which is forged, altered, cancelled or suspended
or to which he is not justly entitled, or

(c) fraudulently lends such a certificate or endorse-
ment or seafarer's book to, or allows the same to
be used by any other person,

is guilty of an offence and is liable on summary conviction to
a fine of five thousand dollars and to imprisonment for two
years.".

13. Section 68 of the principal Act is repealed and the following Arnendmentofsec-
is substituted: tion 68 of the prin-

cipal Act.

ANTIGUA 8 Antigua and Barbuda Merchant No. 7 of 1998
AND Shipping (Amendment) Act, Cap. 28

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"68. (1) The holder of a certificate of competency
orendorsement which is lost or destroyed, may apply to the
Director for a replacement. The application must be supported
by an affidavit duly sworn or affiied before a Commissioner
of Oaths or Notary Public.

(2) Affidavits referred to in subsection (1) must include a
description of the certificate sufficient to allow it to be
recognized, state the circumstances of its loss or destruction,
and be submitted together with two standard size passport
photographs of the applicant, together with the prescribed
fee.".

Amendmentofsec- 14. Section 71 of the principal Act is amended by adding the
lion l Of the prin- following new subsections:
cipal Act.

"(3) Where a foreign certificate with endorsement has
been issued by a country which has not ratified the STCW
Convention, an Antiguan and Barbudan ceMicate cf rotnpe-
tency or endorsement recognizing this foreign certificate will
not be issued.

(4) Certificates from other countries shall be accepted as
the basis for obtaining an Antiguan and Barbudan certificate
of competency or endorsements; provided that the conditions
under which any such certificates are granted in that country
must require standards of competency or service not lower
than those required under this Act for the grant of a corre-
sponding certdicate or endorsement. The Director may at his
discretion determine that such foreign certificate is equivalent
to a lower grade of the Antigua and Barbuda certificate of
competency or endorsement. It shall also be proved that such
foreign certificates are obtained in full compliance with the
rules and regulations of the STCW Convention through the
issuing Govenunent, including successful completion of a
comprehensive examination or examinations adrmnistered by
the proper authority of that Government.

(5) Foreign certificate shall only be accepted as a basis for
obtaining an Antigua and Barbudan cer

tifi

cate or endorse-
ment when they are valid in all respects and bearing, inter alia,
an endorsement as specified by the STCW Convention, but
any revoked or expired or altered or illegible certificate or
endorsement which is otherwise indicative of non-validity
will not be accepted.

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Shipping (Amendment) Act, Cap. 28 AND

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(6) Holders of foreign certificates and endorsements,
authorised to serve in more than one grade, will be considered
to be equivalent to that of Antigua and Barbudan certificate of
competency which reflects the applicant's documented actual
experience and a certificate of competency or endorsement
will be issued accordingly.

(7) Antigua and Barbuda certificate or endorsements is-
sued upon acceptance of a foreign equivalent may, depending
upon the applicant's documented experience, be similarly
limited as to any restriction which applies to such foreign
certificate.

(8) Applicants applying for certification through the Antigua
and Barbuda Department of Marine Services on the basis of
a foreign certificate must submit an official certified duplicate
or copy of their original national certificate.

(9) Applicants certified by a foreign government whose
national certificate bears the endorsement specified by the
STCW Convention will not be required to document sea
service or nautical training.".

15. Section 74 of the principal Act is amended by adding the Amendmentofsec-
following item: tion 740f the prin-

cipal Act.

"(k) any rating who shall perform the duties forming part of
a navigational watch or of a watch in a manned engine-
room must hold S T C W 4 or m/4 certification.".

16. Section 75 of the principal Act is amended by Amendment of sec-
tion 75 of the prin-

(a) deleting subsection (1) and substituting the following:
cipal Act.

"(1) No seaman may be engaged or carried out to sea
to work in any capacity in any ship unless he possesses
the prescribed qualifications for complete seagoing
service and any related compulsory training and meets
the standards of medical fitness.";

(b) in subsection (2) by adding the following paragraphs:

"(e) every candidate exhibiting symptoms likely to
indicate epilepsy, acute mental illness or other

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AND Shipping (Amendment) Act, Cap. 28

BARBUDA

lack of mental capacity or stability, tuberculosis,
acute venereal disease, acquired immune defi-
ciency syndrome abuse of alcohol or the use of
narcotic substances (whether or not prescribed
by a medical physician) shall be disqualified*,

@ applicants for the operational level for certifica-
tion as deck or navigational officer must have
(either with or without glasses) at least 20120
vision in one eye and at least 20140 in the other;
and if the applicant wears glasses, he must have
vision without glasses of at least 201160 in both
eyes;

(g) any applicant for engineer or radio officer certi-
ficationmust have (either with or without glasses)
at least 20130 vision in one eye and 20150 in the
other; and if the applicant wears glasses he must
have vision with glasses of at least 20/200 in both
eyes;

(h) any applicant has to comply to hearing unimpaired
for normal sounds and be capable of hearing an
undertoned voice in the better ear at 4.5 meters
and in the poorer ear at 2.5 meters;

( i) applicants for the operational level for ce

rtifi

ca-
tion as deck or navigational officer must have - normal colour perception and capable of distin-
guishing the colours green, blue, red and yellow;

( j ) any applicant for engineer or radio officer certi-
fication shall be examined only as to perception
of the colours green, red and yellow;

(k) applicants for deck or radio officer certification
must have speed, unimpaired for normal voice
communication;

(1) every applicant's blood pressure must fall within
an average range, taking age into consideration.";

(4 by adding the following subsection:

"(6) any person who wilfully conceals of any
medical history or mental or physical disability , which
might render the applicant unfit for service on board a

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vessel, commits any offence under this Act and any
certificate of competency or endorsement which may
have been issued to him shall be void ab initio and be
immediately cancelled.".

17. Section 84 is amended by deleting subsection (3) and Amendmentofsec-
substituting the following: tion 84 of the prin-

cipal Act.

"(3) No young person under the age of eighteen years shall
be employed in any capacity in any ship unless there has been
delivered to the master of the ship a certificate granted by a
duly qualified medical practitioner certifying that such person
is fit to be employed in that capacity.".

18. The principal Act is amended by inserting the following Amendment of
sections after section 128: section 128 of the

principal Act.

"128A. (1) Every person employed on an Antiguan and
Barbudan vessel shall have in his possession an official
Antigua and Barbuda seafarer's identification and record
book, containing any certiiicates or entries of special qualifi-
cation issued to the holder.

(2) Subsection (1) does not apply to any person who is
employed on a passenger ship where he is not assigned or
required to perform ship safety and pollution related ship-
board duties.

(3) Every applicant making first application for a seafarer's
book must show evidence of having received basic training or
instruction as applicable in personal survival, fire prevention
and fire fighting, elementary fust aid, and personal safety and
social responsibilities, in accordance with section A VI/1 of
STCW Codes.

(4) Any Officer or Rating serving aboard an Antiguan and
Barbudan vessel, being the holder of a valid seafarer's identity
document issued by another Flag State is eligible to apply for
an Antiguan and Barbuda seafarer's book.

(5) The Minister may prescribe the fees for the provisions
of orginal seafarer's identification and record book, and its
renewal due to loss, damage, destruction, theft, the passage
of time or its being filled with entries.".

19. Section 130 of the principal Act is amended by adding the Amendmentofsec-
following paragraph: tion 130 of the

principal Act.

"(d) seafarer's book."

ANTIGUA 12 Antigua and Barbuda Merchant No. 7 of 1998
AND Shipping (Amendment) Act, Cap. 28

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Passed by the House of Representatives Passed by the Senate this 18th
this 26th day of May, 1998. day of June, 1998.

B. Harris,
Speaker.

(Sen.) L. Smith,
Vice President.

S. Walker, S. Walker,
Clerk to the House of Representatives. Clerk to the Senate.

Printed at the Government Printing Office, Antigua and Barbuda,
by Rupert Charity, Government Printer

-By Authority, 1998.
800-7.98 [ Price $5.05 ]
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