Merchant Shipping (Safe Manning Document) Regulations 1993

Link to law: http://www.bermudalaws.bm/Laws/Annual%20Laws/1993/Statutory%20Instruments/Merchant%20Shipping%20%28Safe%20Manning%20Document%29%20Regulations%201993.pdf

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Merchant Shipping (Safe Manning Document) Regulations 1993
THE MERCHANT SHIPPING (SAFE MANNING DOCUMENT)
REGULATIONS 1993

1

BR 3/1993

MERCHANT SHIPPING ACT 1979

1979 : 16

MERCHANT SHIPPING (SAFE MANNING DOCUMENT)
REGULATIONS 1993

ARRANGEMENT OF REGULATIONS

1 Citation
2 Interpretation
3 Application
4 Exemptions
5 Provision of safe manning

document

6 Detention of ships
registered in Bermuda

7 Inspection and detention
of other ships

8 Enforcement of detention

SCHEDULE

The Minister, after consultation with the persons referred to in
section 22(7) of the Merchant Shipping Act 1979, in exercise of the
powers conferred upon him by section 22(1)(a), (b) and (c), (2), (4), (5) and
(6) of the Act makes the following Regulations:

Citation
1 These Regulations may be cited as the Merchant Shipping (Safe
Manning Document) Regulations 1993.

Interpretation
2 In these Regulations, unless the context otherwise requires —

MERCHANT SHIPPING (SAFE MANNING DOCUMENT)
REGULATIONS 1993

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"safe manning document" means a document issued in the case
of a ship registered in Bermuda by the Minister and in the
case of any other ship, by or on behalf of the Government of
the State whose flag the ship is entitled to fly, and in either
case complying with the requirements set out in the
Schedule;

"fishing vessel" means a vessel for the time being employed in
sea fishing but does not include a vessel used otherwise than
for profit;

"tons" means gross tons and shall be—

(a) for a ship having alternative gross tonnages under
paragraph 13 of Schedule 5 of the Merchant Shipping
(Tonnage) Regulations 1982 of the United Kingdom
(deemed to be made under the Merchant Shipping Act
1965 of the United Kingdom as extended to Bermuda)
the larger of those tonnages, and

(b) for a ship having its tonnage determined both under Part
II and regulation 16 of the Regulations mentioned in
paragraph (a) its gross tonnage as determined under
regulation 16;

"pleasure craft" means a vessel, other than a passenger ship,
primarily used for sport or recreation;

"shipowner" includes:

(a) where the ship is chartered by demise, the demise
charterer;

(b) where the ship is managed by a ship management
company, the manager.

Application
3 Subject to regulation 4, these Regulations apply to all ships
registered in Bermuda of 500 tons or over, which go to sea and to other
ships of 500 tons or over while they are within Bermuda or the territorial
waters thereof other than fishing vessels and pleasure craft.

Exemptions
4 The Minister may grant exemptions from regulation 5 for classes
of ships or individual ships on such terms, if any, as he may think fit
and may, subject to giving reasonable notice, alter or cancel any such
exemption.

THE MERCHANT SHIPPING (SAFE MANNING DOCUMENT)
REGULATIONS 1993

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Provision of safe manning document
5 (1) It shall be the duty of the shipowner of every ship to which
these Regulations apply to ensure that—

(a) a safe manning document is in force in respect of the
ship and the manning of the ship,

(b) the safe manning document is kept aboard the ship at
all times, and

(c) the manning of the ship is maintained at all times to at
least the levels specified in the safe manning document.

(2) The master of any ship to which these Regulations apply
shall ensure that the ship does not proceed to sea unless there is on
board a valid safe manning document issued in respect of the ship and
the manning of the ship complies with that document.

(3) If a shipowner or master fails to comply with any of the
provisions of this regulation he is guilty of an offence and liable on
summary conviction to a fine of two thousand dollars.

(4) It shall be a defence for a person charged under this
regulation to show that he took all reasonable precautions and exercised
all due diligence to avoid the commission of the offence.

Detention of ships registered in Bermuda
6 Any person duly authorised by the Minister may inspect any
ship registered in Bermuda and if he is satisfied that there has been a
failure to comply in relation to that ship with the requirements of these
Regulations he may detain the ship, but shall not in the exercise of these
powers detain or delay the ship unreasonably.

Inspection and detention of other ships
7 (1) Any person duly authorised by the Minister may inspect
any ship to which these Regulations apply other than a ship registered in
Bermuda when the ship is in a port in Bermuda, and if he is satisfied
that there has been a failure to comply in relation to the ship with the
requirements of regulation 5 he may—

(a) send a report to the government of the country in which
the ship is registered;

(b) detain the ship.

(2) If he detains the ship the person duly authorised shall
forthwith notify the nearest maritime, consular or diplomatic representa-
tive of the state whose flag the ship is entitled to fly.

MERCHANT SHIPPING (SAFE MANNING DOCUMENT)
REGULATIONS 1993

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(3) The person duly authorised shall not in the exercise of his
powers under this regulation unreasonably detain or delay the ship.

Enforcement of detention
8 (1) If after a ship has been detained the ship proceeds or
attempts to proceed, to sea before it is duly released, the master of the
ship and the owner and any person who sends the ship to sea, if the
owner or such person is party or privy to the offence, shall each be guilty
of an offence and shall be liable on summary conviction to a fine of two
thousand dollars.

(2) Where the ship so proceeds to sea and takes to sea any
public officer who is on board the ship in the execution of his duty under
these Regulations, the owner and master of the ship shall each be liable
to pay all expenses of and incidental to such officer being so taken to sea
and shall also be guilty of an offence and shall be liable on summary
conviction to a fine of one thousand dollars.

(3) Where under these Regulations a ship is to be detained, the
Registrar of Shipping shall refuse a clearance to the ship and where
under these Regulations a ship may be detained, the Registrar of
Shipping may refuse a clearance to that ship.

SCHEDULE Regulation 2

CONTENTS OF SAFE MANNING DOCUMENT

The following information shall be included in the Safe Manning
document. If the language used is not English the information given
shall include a translation into English.

1 A clear statement of the ship's name, its port of registry and its
distinctive number or letters.

2 A table showing the numbers and grades of the personnel
required to be carried, together with any special conditions or other
remarks.

3 A formal statement by the authority issuing it that, having
regard to the principles and guidelines set out in International Maritime
Organisation (IMO) Regulation A481 (XII), the ship named in the
document is considered to be safely manned if, whenever it proceeds to
sea, it carries not less than the numbers and grades of personnel shown
in the document, subject to any special conditions stated therein.

4 A statement as to any limitations on the validity of the document
by reference to particulars of the individual ship and the nature of
service upon which it is engaged.

THE MERCHANT SHIPPING (SAFE MANNING DOCUMENT)
REGULATIONS 1993

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5 The date of issue and any expiry date of the document together
with a signature on behalf of the authority issuing it.

Made this 4th day of February, 1993

Ralph Marshall

Minister of Transport