Merchant Shipping (Certification, Manning and Watchkeeping) Regulations 1998

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Merchant Shipping (Certification, Manning and Watchkeeping) Regulations 1998
Title 31
Laws of Bermuda Item 16(wa)

1

BERMUDA STATUTORY INSTRUMENT

BR 57/1998

MERCHANT SHIPPING ACT 1979

[made under section 41 of the Merchant Shipping Act 1979 [title 31 item
16] and brought into operation on 7 August 1998]

Citation
1 These Regulations may be cited as the Merchant Shipping
(Certification, Manning and Watchkeeping) Regulations 1998.

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

"the Act" means the Merchant Shipping Act 1979 [title 31 item
16];

"appropriate certificate" means a certificate issued and endorsed
in accordance with the provisions of the annex to the STCW
Convention and entitling the lawful holder thereof to serve in
the capacity and perform the functions involved at the level of
responsibility specified therein on a ship of the type, tonnage,
power and means of propulsion indicated by the endorsement
while engaged on the particular voyage concerned;

"approved" (and "approved" in the STCW Convention so far as
given effect by these Regulations) means approved by the
Minister;

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"authorised person" means a person authorised by the Minister
for the purpose of these Regulations;

"Bermuda Legal and Administrative Processes (BLAP)" means the
appropriate knowledge of maritime legislation of Bermuda
relevant to the functions which the master, chief mate, chief
engineer officer and second engineer officer are required to
perform;

"Bermuda Endorsement" means an endorsement issued by the
Minister attesting the recognition of a certificate under the
provisions of regulation 5;

"Bermuda ship" means a ship registered in Bermuda;

"certificate of competency" means a certificate issued by the
Minister for the purposes of regulation 4 (other than a
Bermuda Endorsement);

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

"chief mate" means the officer next in rank to the master and
upon whom the command of the ship will fall in the event of
the incapacity of the master;

"company" includes an individual, and means the owner of the
ship or any other organisation or person such as the
manager, or the bareboat charterer, who has assumed the
responsibility for the operation of the ship from the shipowner
and who, on assuming such responsibility, has agreed to take
over all the duties and responsibilities imposed on the
company by the Regulations annexed to the STCW
Convention;

Convention" means the STCW Convention;

"deck officer" means an officer qualified in accordance with the
provisions of chapter II of the Convention;

"Engineer Officer" means an officer qualified in accordance with
the provisions of chapter III of the Convention;

"exemption certificate" means a certificate issued by the Minister
under paragraph (3);

Title 31
Laws of Bermuda Item 16(wa)

3

"Fast Rescue Boat" means a rescue boat which is—

(a) not less than 6 metres in length and not more than 8.5
metres in length; and which is capable of manoeuvring
for at least 4 hours at a speed of at least 20 knots in
calm water with a suitably qualified crew of 3 persons
and at least 8 knots with a full compliment of persons
and equipment; and

(b) "survival craft" and "rescue boat" have the same
meaning as in the Merchant Shipping (Life Saving
Appliances) Regulation 1986 (S.I. 1986/1066);

"function" means a group of tasks, duties and responsibilities, as
specified in the STCW Code, necessary for ship operation,
safety of life at sea or protection of the marine environment;

"Gross Tonnage" or "GT" means the gross tonnage of a ship
measured in accordance with the provisions of the
International Convention on Tonnage Measurement of Ships
1969;

"high-speed craft" means a craft capable of a maximum speed in
metres per section (m/s) equal to or exceeding 3.70.1667

where = displacement corresponding to design water-
line (m3);

"length" in relation to a vessel has the same meaning as in the
Merchant Shipping (Tonnage) Regulations 1982;

"liquefied gas" means any liquefied gas having a vapour pressure
exceeding 2.8 bar absolute at a temperature of 37.8 C, and
other products as shown in Chapter 19 of the 1993
International Maritime Organisation (IMO) publication
entitled "International Code for the Construction and
Equipment of Ships Carrying Liquefied Gases in Bulk — IGC
Code";

"liquid chemical" means any liquid chemical listed in the
publication entitled "International Code for the Construction
and Equipment of Ships Carrying Dangerous Chemicals in
Bulk — IBC Code";

"management level" means the level of responsibility associated
with serving as master, chief mate, chief engineer officer or
second engineer officer on board a seagoing ship; and
ensuring that all functions within the designated area of
responsibility are properly performed;

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"master" means the person having command of a ship;

"Minister" means the Minister charged with responsibility for
Shipping in Bermuda;

"month" means a calendar month or 30 days made up of periods
of less than one month;

"near coastal voyage" means—

(a) a voyage during which the vessel is never more than 150
miles from a safe haven in Bermuda; or

(b) subject to paragraph (2), in the case of a vessel which is
engaged on a special project the vessel is never more
than 150 miles from a safe haven established by another
party;

"officer" means a member of the crew, other than the master,
designated as such by national law or regulations or, in the
absence of such designation, by collective agreement or
custom;

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

"operational level" means the level of responsibility associated
with—

(a) serving as officer in charge of a navigational or
engineering watch or as designated duty engineer for
periodically unmanned machinery spaces or as radio
operator on board a seagoing ship; and

(b) maintaining direct control over the performance of all
functions within the designated area of responsibility in
accordance with proper procedures and under the
direction of an individual serving in the management
level for that area of responsibility;

"the Organization" means the International Maritime
Organization ("IMO");

"passenger ship" means a ship carrying more than 12
passengers;

"petroleum" means crude liquid petroleum and the following
substances produced directly or indirectly from crude, that is
to say, fuel, lubricants, bitumen, wax, industrial spirits and
any wide range substance (meaning a substance whose final
boiling point at normal atmospheric pressure is more than 50

Title 31
Laws of Bermuda Item 16(wa)

5

degree C higher than its initial boiling point) but excluding
any product included in the definition of "liquefied gas";

"propulsion power" means the total maximum continuous rated
(MCR) output power in kilowatts of all the ship's main
propulsion power which appears on the ship's certificate of
registry or other official document;

"radio duties" include, as appropriate, watchkeeping and
technical maintenance and repairs conducted in accordance
with the Radio Regulations, the International Convention for
the Safety of Life at Sea and, at the discretion of the Minister,
the relevant recommendations of the Organization;

"radio operator" means a person holding an appropriate
certificate issued or recognized by the Minister under the
provisions of the Radio Regulations;

"rating" means a member of the ship's crew other than the
master or an officer;

"the Registry" means the Registry of Shipping in Bermuda
("ROS");

"Ro-Ro Passenger ship" means a passenger ship with Ro-Ro
cargo spaces or special category spaces as defined in the
International Convention for the Safety of Life at Sea 1974 as
amended;

"seagoing service" means service on board a ship relevant to the
issue of a certificate or other qualification;

"safe manning document" means a document issued, in the case
of a Bermuda ship, by the Minister, and in the case of any
other ship, by the Administration of the flag state indicating
the minimum level of manning, including grades, classes and
numbers of seafarers with which the vessel would be
regarded as being safely manned;

"safety committee" means a safety committee set up pursuant to
regulation 3(5) of the Merchant Shipping (Safety Officials and
Reporting of Accidents and Dangerous Occurrences)
Regulations 1986 [title 31 item 16];

"second engineer officer" means the engineer officer next in rank
to the chief engineer officer and upon whom the responsibility
for the mechanical propulsion and the operation and
maintenance of the mechanical and electrical installations of
the ship will fall in the event of the incapacity of the chief
engineer officer;

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"ship class" means any reference to a ship of a particular Class
as defined in the Merchant Shipping (Life-Saving Appliances)
Regulations 1986;

"the STCW Code" means the Seafarer's Training, Certification
and Watchkeeping Code adopted by the 1995 Conference of
Parties to the International Convention on the Standards of
Training, Certification and Watchkeeping for Seafarers, 1978;

"STCW Convention" or "the Convention" means the International
Convention on Standards of Training, Certification and
Watchkeeping for Seafarers, 1978, as amended by the
conference in London on 7th July 1995;

"support level" means the level of responsibility associated with
performing assigned tasks, duties or responsibilities on board
a seagoing ship under the direction of an individual serving in
the operational or management level;

"tanker" means a ship which is constructed or adapted and used
for the carriage of bulk cargoes consisting in whole or in part
of petroleum, liquid chemicals or liquefied gases; and a
reference to a type of tanker, chemical tanker or liquefied gas
tanker, being tankers constructed or adapted and used to
carry cargoes of the class indicated.

(2) A vessel referred to in paragraph (b) of the definition of
"near-coastal vessel" shall—

(a) comply with the legislation of the coastal states in
respect thereof; and

(b) hold a valid exemption certificate.

(3) The Minister may in such circumstances as he considers
appropriate issue an exemption certificate to a vessel permitting such
vessel to engage on near-coastal voyages outside the waters of Bermuda.

Application
3 (1) These Regulations apply to sea-going ships which are:

(a) Bermuda ships, other than fishing vessels, vessels
owned and operated by a Government department or
agency for non-commercial purposes and pleasure
vessels under 24 metres in length, wherever they are;
and

(b) other ships when in Bermuda territorial waters, except
fishing vessels, pleasure craft and war ships, naval

Title 31
Laws of Bermuda Item 16(wa)

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auxiliaries or other ships owned or operated by a state
and engaged only on non-commercial service.

(2) In these regulations, "sea-going" means going beyond the
territorial waters of Bermuda.

PART I
CERTIFICATION

Qualification as an officer
4 (1) A person is qualified as an officer for the purpose of section
41 of the Merchant Shipping Act 1979 [title 31 item 16] for serving on a
Bermuda ship in the capacity of master, chief mate, officer in charge of a
navigational watch, chief engineer officer, second engineer officer or
officer in charge of an engineering watch if he holds, in respect of any
such capacity—

(a) a certificate of competency issued by the Minister
bearing the appropriate endorsement required by the
STCW Convention attesting the issue of such a
certificate; or

(b) an appropriate certificate issued by the United Kingdom
or accepted as equivalent to a United Kingdom certificate
by the Marine and Coastguard Agency (MCA) of the
Department of Environment, Transport and Regions
(DETR) of the United Kingdom and in addition the
Bermuda Endorsement referred to under paragraph (2);
or

(c) an appropriate certificate issued by a country which is a
signatory to the IMO Convention and a Party to the
STCW Convention and whose name has been identified
by the IMO in accordance with the provisions of
regulation 1/7 of the Convention (IMO white list) and—

(i) the Minister is satisfied that the requirements of
the STCW Convention concerning standards of
competence, the issue and endorsements of
certificates and record keeping are fully
complied with;

(ii) the Minister is satisfied that prompt notification
will be given to the Registry of Shipping,
Bermuda, of any significant change in the
arrangements for training and certification
provided, in compliance with the convention;

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(iii) certain conditions with respect to the knowledge
of English are met; and

(iv) for officers intending to serve in the capacities of
master, chief mate, chief engineer officer and
second engineer officer the requirements under
Regulation I/10 paragraph 2 of the Convention
with respect to appropriate knowledge of the
maritime legislation of Bermuda relevant to the
functions the officer is required to perform are
met; and

(v) in addition the officer holds the Bermuda
Endorsement referred to under paragraph (2).

(2) For the purpose of sub-paragraphs (1)(b) and (1)(c), "the
Bermuda Endorsement" means an endorsement issued by the Minister
as a separate document in accordance with Regulation 5, attesting the
recognition of a certificate issued by another Party to the Convention.

(3) For the purpose of Regulation 34 (inspection of sea-going
ships), a person is qualified as an officer on a non-Bermuda ship in the
capacity of master, chief mate, officer in charge of a navigational watch,
chief engineer officer, second engineer officer, officer in charge of an
engineering watch or radio operator if he holds a valid appropriate
certificate issued by a Party to the Convention, and holds the
endorsement required by Article VI of the Convention attesting the issue
of such certificate or the recognition of such certificate, as applicable.

Recognition of certificates
5 (1) The Minister may recognise a certificate issued by or under
the authority of another Party to the STCW Convention to a master,
officer or radio operator if he is satisfied that—

(a) the requirements of the STCW Convention concerning
standards of competence, the issue and endorsement of
certificates and record keeping are fully complied with;
and

(b) prompt notification will be given of any significant
change in the arrangements for training and certification
provided in compliance with that Convention.

(2) Where the Minister recognises a certificate pursuant to
paragraph (1), he shall endorse such a certificate to attest its recognition
if he is satisfied that the requirements in paragraph (1)(a) and (b) above
of the STCW Convention have been complied with.

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Laws of Bermuda Item 16(wa)

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(3) The endorsement shall be in the form of a separate
document issued by the Minister.

(4) Paragraph 5 applies where, pursuant to paragraph (1) the
Minister has recognised the standard of competence required for the
issue of a certificate by an authority of a Party to the STCW Convention
outside Bermuda as being in part the standard to be obtained for officers
qualified for the purposes of these Regulations.

(5) In a case referred to in paragraph (4) any conditions
specified by the Minister for the issue of a Bermuda Endorsement shall
be limited to an aptitude test for the purpose of assessing the applicant's
ability to pursue the profession of officer on Bermuda ships, in the light
of subjects and training and related assessment procedures, which differ
substantially from those covered by the applicant's certificate issued by
that State, and which are necessary to pursue that profession.

Revalidation of certificates and Bermuda Endorsement
6 (1) The certificates mentioned in regulation 4(a), (b) and (c)
issued to the master or other officer shall be revalidated at intervals not
exceeding five years from the date of the issue or last revalidation, to
establish continued professional competence in accordance with section
A-I/11 of the STCW Code.

(2) A certificate not revalidated in accordance with paragraph
(1) shall not be valid for sea-going service.

(3) A certificate of a category referred to in regulation 9 granted
pursuant to the Merchant Shipping (Radio Installations) Regulations
1992 shall not be valid for sea-going service unless revalidated at
intervals not exceeding five years, to establish continued professional
competence in accordance with section A-I/11 of the STCW Code.

(4) Every master and officer shall, for continuing sea-going
service on ships referred to in regulations 10, 11, 12 and 13 successfully
complete approved relevant training at intervals specified by the
Minister.

(5) Unless previously cancelled the Bermuda Endorsement
shall be valid until the expiry date shown on it, subject to continued
validity of the appropriate certificate held by a Seafarer which had been
recognised under regulation 5 for issuing the Bermuda Endorsement.

Appropriate Bermuda Endorsements
7 Any officer serving in the capacity set out in column 1 of the
table below shall hold an appropriate Bermuda Endorsement for that
capacity. A person shall only be entitled to be issued with such

MERCHANT SHIPPING (CERTIFICATION, MANNING AND
WATCHKEEPING) REGULATIONS 1998

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endorsement if he complies with the criteria in Regulations annexed to
the STCW Convention set out in column 2 of the table in relation to that
entry and any other requirements specified by the Minister.

TABLE OF CRITERIA FOR APPROPRIATE BERMUDA
ENDORSEMENTS

COLUMN 1

MASTER AND DECK DEPARTMENT

COLUMN 2

REGULATION ANNEXED TO
THE STCW CONVENTION

Officer in charge of a navigational
watch on a ship of 500 GT or more Regulation II/1.2

Master or chief mate on a ship of 3000
GT or more Regulation II/2.2

Master or chief mate on a ship of less
than 3000 GT Regulation II/2.4

Officer in charge of a navigational
watch on a ship of less than 500 GT
engaged on near-coastal voyages Regulation II/3.4

Master on a ship of less than 500 GT
engaged on near-coastal voyages Regulation II/3.6

Title 31
Laws of Bermuda Item 16(wa)

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ENGINE DEPARTMENT REGULATION ANNEXED TO
THE STCW CONVENTION

1. Officer in charge of an engineering
watch in a manual engine-room, or
designated duty engineer officer in a
periodically unmanned engine-room,
on a ship powered by main propulsion
machinery of 750 kW propulsion power
or more Regulation III/1.2

2. Chief engineer officer or second
engineer officer of a ship powered by
main propulsion machinery of 3000
kW propulsion power or more Regulation III/2.2

3. Chief engineer officer or second
engineer officer of a ship powered by
main propulsion machinery between
750 and 3000 kW propulsion power Regulation III/3.2

Ratings and holders of other qualifications
8 (1) Every rating forming part of a navigational watch on a ship
of 500 GT or more, other than ratings under training and ratings whose
duties while on watch are of an unskilled nature, shall be duly
certificated. No person shall be entitled to be issued with a certificate as
such a rating unless he complies with the criteria set out in Regulation
II/4.2 in the Annex to the STCW Convention.

(2) Every rating forming part of an engine-room watch or
designated to perform duties in a periodically unmanned engine-room on
a ship powered by main propulsion machinery of 750 kW propulsion
power or more, other than ratings under training and ratings whose
duties are of an unskilled nature, shall be duly certificated. No person
shall be entitled to be issued with a certificate as such a rating unless he
complies with the criteria set out in Regulation III/4.2 in the Annex to
the STCW Convention.

(3) Any person designated to perform watchkeeping duties in a
manned or periodically unmanned engine-room on a ship powered by
main propulsion machinery of 350 kW power, or more, but less than 750
kW shall be the holder of one of the engineering Bermuda Endorsements
referred to in regulation 7 or be the holder of a marine engineer
operator's licence issued in compliance with criteria specified by the
Minister.

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Radio Communications and Radio Personnel on GMDSS Ships
9 To serve on board a Bermuda ship as a GMDSS Radio Operator
under regulation 16 of the Merchant Shipping (Radio Installation)
Regulations 1992 a person must—

(a) be at least 18 years of age;

(b) have completed approved education and training and
meet the standard of competence specified in section A-
IV/2 of the STCW Code; and

(c) hold an appropriate certificate as specified in regulation
4 paragraphs (1)(a), (1)(b), (1)(c) and (2) excepting
paragraph (1)(c)(ii).

Mandatory minimum requirements for the training and qualification
of masters, officers and ratings on tankers
10 (1) Officers and ratings assigned specific duties and
responsibilities related to cargo or cargo equipment on tankers shall have
completed an approved shore-based advanced fire-fighting course in
addition to the training required by section A-VI/1 of the STCW Code
and shall have completed:

(a) at least three months of approved seagoing service on
tankers in order to acquire adequate knowledge of safe
operational practices; or

(b) an approved tanker familiarization course covering at
least the syllabus given for that course in section A-V/1
of the STCW Code:

Provided that the period of three months referred to in sub-
paragraph (a) shall be reduced to no less than one month if—

(i) the tanker on which such service is performed is of less
than 3000 GT;

(ii) the duration of each voyage of the tanker on which such
approved service is performed does not exceed 72 hours;
and

(iii) the operational characteristics of the tanker on which
such approved service is performed and the number of
voyages and loading and discharging operations
completed during the period, allow the same level of
knowledge and experience to be acquired as would have
been acquired in approved service performed in
accordance with subparagraph (a) on a tanker of a size,

Title 31
Laws of Bermuda Item 16(wa)

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and performing voyages, not falling with sub-paragraphs
(i) and (ii).

(2) Masters, chief engineer officers, chief mates, second
engineer officers and any person with immediate responsibility for
loading, discharging and care in transit or handling of cargo shall, in
addition to meeting the requirements of paragraph (1) of this regulation
have:

(a) experience appropriate to their duties on the type of
tanker on which they serve; and

(b) completed an approved specialized training programme
which at least covers the subjects set out in section A-
V/1 of the STCW Code that are appropriate to their
duties on the oil tanker, chemical tanker or liquefied gas
tanker on which they serve.

(3) If before 1 February 1999 a seaman has served in a
particular capacity on board the type of tanker concerned for a period of
not less than one year within the preceding five years, he shall be
considered to have met the requirements of paragraph (2) as regards that
capacity.

(4) An appropriate certificate shall be issued to masters and
officers who are qualified in accordance with paragraph (1) or (2) above,
or their existing certificate shall be duly endorsed. Every rating who is so
qualified shall be duly certificated.

Mandatory minimum requirements for the training and
qualifications of masters, officers, ratings and other personnel on
ro-ro passenger ships
11 (1) This regulation applies to masters, officers, ratings and
other personnel serving on board ro-ro passenger ships.

(2) Prior to being assigned shipboard duties on board ro-ro
passengers ships, seafarers shall have completed the training required
by paragraphs (4) to (8) in accordance with their capacity, duties and
responsibilities.

(3) Seafarers who are required to be trained in accordance with
paragraphs (4), (7) and (8) shall, at intervals not exceeding five years,
undertake appropriate refresher training; or be required to provide
evidence of having achieved the required standard of competence within
the previous five years.

(4) Masters, officers and other personnel designated on muster
lists to assist passengers in emergency situations on board ro-ro

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passenger ships shall have completed training in crowd management as
specified in section A-V/2, paragraph 1 of the STCW Code.

(5) Masters, officers and other personnel assigned specific
duties and responsibilities on board ro-ro passenger ships shall have
completed the familiarization training specified in section A-V/2,
paragraph 2 of the STCW Code.

(6) Personnel providing direct service to passengers in
passenger spaces on board ro-ro passenger ships shall have completed
the safety training specified in section A-V/2, paragraph 3 of the STCW
Code.

(7) Masters, chief mates, chief engineer officers, second
engineer officers and every person assigned immediate responsibility for
embarking and disembarking passengers, loading, discharging or
securing cargo, or closing hull openings on board ro-ro passenger ships
shall have completed approved training in passenger safety, cargo safety
and hull integrity as specified in section A-V/2, paragraph 4 of the STCW
Code.

(8) Masters, chief mates, chief engineer officers, second
engineer officers and any person having responsibility for the safety of
passengers in emergency situations on board ro-ro passenger ships shall
have completed approved training in crisis management and human
behaviour as specified in section A-V/2, paragraph 5 of the STCW Code.

(9) It shall be the duty of any person providing the training
referred to in this regulation to issue documentary evidence to every
person successfully completing such training.

Mandatory minimum requirements for the training and
qualifications of masters, officers, ratings and other personnel on
passenger ships other than ro-ro passenger ships
12 (1) This regulation applies to masters, officers, ratings and
other personnel serving on board passenger ships other than ro-ro
passenger ships.

(2) Prior to being assigned shipboard duties on board
passenger ships, seafarers shall have completed the training required by
paragraphs (4) to (8) in accordance with their capacity, duties and
responsibilities.

(3) Seafarers who are required to be trained in accordance with
paragraphs (4), (7) and (8) shall, at intervals not exceeding five years,
undertake appropriate refresher training; or be required to provide
evidence of having achieved the required standard of competence with
the previous five years.

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Laws of Bermuda Item 16(wa)

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(4) Masters, officers and other personnel designated on muster
lists to assist passengers in emergency situations on passenger ships
shall have completed training in crowd management as specified in
section A-V/3, paragraph 1 of the STCW Code.

(5) Masters, officers and other personnel assigned specific
duties and responsibilities on board passenger ships shall have
completed the familiarisation training specified in section A-V/3,
paragraph 2 of the STCW Code.

(6) Personnel providing direct service to passenger in passenger
spaces on board passenger ships shall have completed the safety
training specified in section A-V/3, paragraph 3 of the STCW Code.

(7) Masters, chief mates, chief engineer officers, second
engineer officers and every person assigned immediate responsibility for
embarking and disembarking passengers shall have completed approved
training in passenger safety as specified in section A-V/3, paragraph 4 of
the STCW Code.

(8) Masters, chief mates, chief engineer officers, second
engineer officers and any person having responsibility for the safety of
passengers in emergency situations on board passenger ships shall have
completed approved training in crisis management and human
behaviour as specified in section A-V/3, paragraph 5 of the STCW Code.

(9) It shall be the duty of any person providing the training
referred to in this regulation to issue documentary evidence to every
person successfully completing such training.

Mandatory minimum requirements for the training and
qualifications of masters, officers, ratings and other personnel on
high-speed craft
13 (1) This regulation applies to masters and officers, ratings and
other personnel serving on board high-speed craft which are ships
constructed on or after 1 January, 1996.

(2) Prior to being assigned shipboard duties on board high-
speed craft, masters and officers, ratings and other personnel shall have
completed the training specified in Merchant Shipping Notice No.M.1696.

(3) It shall be the duty of any person providing the training
referred to in this regulation to issue documentary evidence to every
person successfully completing such training. In the case of masters,
and of officers having an operational role in high-speed craft, the
documentary evidence shall be a certificate in a form specified in
Merchant Shipping Notice No.M.1696 and shall be endorsed in a manner
specified in that notice.

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(4) An operator of high-speed craft may submit his proposal for
training and certification for masters and officers, ratings and other
personnel on board high-speed craft to the Minister for approval. The
Minister must endorse any certificates issued by the operator under an
approved scheme to such masters and officers, ratings and other
personnel prior to being assigned shipboard duties on board high-speed
craft.

(5) In the case of Type-rating Certificates which have been
issued to masters, officers, ratings and other personnel for serving on
board high speed-craft by another Administration who is a Party to the
Convention, the Minister may accept such certificates, subject to
satisfactory verification, permitting holders of such certificates to serve
on board Bermuda registered high-speed craft provided they obtain
Bermuda Endorsements prior to being assigned shipboard duties on
such ships.

Mandatory minimum requirements for the training and
qualifications of masters, officer, ratings and other personnel on
large commercial sailing and motor yachts of under 3000 GT
14 (1) This regulation applies to masters and officers, ratings and
other personnel serving on board large commercial sailing and motor
yachts of under 3000 GT, and 24 metres in length and over which are
engaged in commercial use for sports or pleasure and carry up to 12
passengers and no cargo.

(2) Masters, officers, ratings and other personnel assigned to
serve on board vessels to which paragraph 1 applies shall be certificated
as specified in the Code of practice for safety of large commercial sailing
and motor yachts (Mega-yacht Code) and shall bold appropriate
Bermuda Endorsements.

Mandatory minimum requirements for familiarisation, basic safety
training and instruction for all seafarers
15 All seafarers shall receive familiarisation and basic safety
training or instruction in accordance with section A-VI/1 of the STCW
Code and shall meet the appropriate standard of competence specified
therein.

Mandatory minimum requirements for the issue of certificates of
proficiency in survival craft, rescue boats and fast rescue boats
16 (1) Any person designated to launch or take charge of survival
craft or rescue boats other than fast rescue boats shall have a certificate
of proficiency in such craft. No person shall be granted such a certificate

Title 31
Laws of Bermuda Item 16(wa)

17

unless he meets the criteria specified in Regulation VI/2.1 in the Annex
to the STCW Convention.

(2) Any person designated to launch or take charge of a fast
rescue boat shall have a certificate of proficiency in such boats. No
person shall be granted such a certificate unless he meets the criteria in
Regulation VI/2.2 in the Annex to the STCW Convention.

Mandatory minimum requirements for training in advanced fire-
fighting
17 (1) Seafarers designated to control fire-fighting operations shall
have successfully completed advanced training in techniques for fighting
fire with particular emphasis on organisation, tactics and command in
accordance with the provisions of section A-VI/3 of the STCW Code and
shall meet the standard of competence specified therein.

(2) If advanced fire-fighting does not form part of the
qualifications for a certificate held by the person so designated, he shall
hold a separate certificate or documentary evidence, as appropriate
indicating that the holder has attended a course of training in advanced
fire-fighting.

Mandatory minimum requirements relating to medical first aid and
medical care
18 (1) Seafarers designated to provide medical first-aid on board
ship shall meet the standard of competency in medical first-aid on board
ships as specified in section a A-VI/4 paragraph 1 to 3 of the STCW
code.

(2) Seafarers designated to take charge of medical care on
board ships shall meet the standard of competence in medical care on
board ships as specified in section a A-VI/4 paragraph 4 to 6 of the
STCW code.

(3) When training in medical first-aid or medical care is not
included in the qualifications for a certificate of competency which may
be held by the person so designated, he shall hold a separate certificate
or documentary evidence, as appropriate, indicating that the holder has
attended a course of training in medical first-aid or medical care as
appropriate.

Form, validity, record and surrender of certificates of competency
and Bermuda Endorsements
19 (1) Certificates of competency or Bermuda Endorsements shall
be issued on receipt of any fee payable, in addition to meeting the

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18

requirements of regulations 4 and 5, and delivered to the person entitled
to hold them.

(2) A certificate of competency or Bermuda endorsement shall
remain valid for sea-going service only so long as the holder can comply
with the standards and conditions as to medical fitness and competency
to act in the appropriate capacity specified by the Minister.

(3) A record of all certificates of competency and Bermuda
Endorsements issued under these Regulations and of the suspension,
cancellation or alteration of, and any other matters affecting, any such
certificates or endorsements shall be kept, in such manner as the
Minister may require, by the Principal Marine Surveyor or the Registrar
of Shipping or by such other person as the Minister may direct.

(4) Where the holder of a Bermuda Endorsement issued under
these Regulations is issued with a second Bermuda Endorsement
providing higher qualifications, he shall surrender the first-mentioned
endorsement to the Minister, or to such person as the Minister directs,
for cancellation.

(5) Where a certificate of competency or a Bermuda
Endorsement is issued and the conditions for its issue prescribed in
these Regulations or specified by the Minister have not been complied
with, then the holder of the relevant certificate or endorsement shall, at
the direction of the Minister, deliver it to the Minister, or to such person
as the Minister directs for cancellation.

Loss of certificates of competency or Bermuda Endorsements
20 If a person entitled to a certificate of competency or a Bermuda
Endorsement proves to the satisfaction of the Minister that he has,
without fault on his part, lost or been deprived of such certificate or
endorsement already issued to him, the Minister shall, and where he is
not so satisfied he may, upon receipt of any fee payable, cause a certified
copy of the certificate of competency or Bermuda Endorsement, to which
the said person appears to be entitled to be issued to him.

Endorsement of Bermuda certificates of competency
21 In the case of a certificate of competency issued by the Minister,
such certificate shall be endorsed by the Minister in accordance with the
STCW Convention if he is satisfied that the holder of the certificate
complies with the requirements of regulation II, III, IV, VI or VII in the
Annex to the Convention.

Title 31
Laws of Bermuda Item 16(wa)

19

PART II
MANNING

Responsibilities of companies, masters and others
22 (1) This regulation applies to sea-going Bermuda ships.

(2) Every company shall ensure that:

(a) every seafarer assigned to any of its ships holds an
appropriate certificate along with a Bermuda Endorse-
ment in respect of any function he is to perform on that
ship;

(b) every seafarer on any of its ships has had training
specified in the STCW Code in respect of any function he
is to perform on that ship; and

(c) documentation and data relevant to all seamen
employed on its ships are maintained and readily
available for inspection and include, without being
limited to, documentation and data on their experience,
training, medical fitness and competency in assigned
duties;

(d) every master, deck officer, engineer officer and radio
officer, is proficient in the English language;

(e) if more than one language is spoken on board Bermuda
registered ships, a common working language is
established for safety procedures;

(f) every officer intended to serve in the capacity of master,
chief officer, chief engineering officer or second
engineering officer is fully conversant with the Bermuda
Legal and Administrative Processes (BLAP) in accordance
with guidance issued to ship owners.

(3) Nothing in paragraph (2) shall prohibit the allocation of
tasks for training under supervision or in the case of force majeure.

(4) The company shall provide written instructions to the
master of each of its ships setting out the policies and the procedures to
be followed to ensure that all seafarers who are newly employed on board
the ship are given a reasonable opportunity to become familiar with the
shipboard equipment, operating procedures and other arrangements
needed for the proper performance of their duties, before being assigned
to those duties. Such policies and procedures shall include:

MERCHANT SHIPPING (CERTIFICATION, MANNING AND
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20

(a) allocation of a reasonable period of time during which
each newly employed seafarer will have an opportunity
to become acquainted with:

(i) the specific equipment the seafarer will be using
or operating; and

(ii) ship specific watchkeeping, safety, environ-
mental protection and emergency procedures
and arrangements the seafarer needs to know to
perform the assigned duties properly; and

(b) designation of a knowledgeable crew member who will be
responsible for ensuring that an opportunity is provided
to each newly employed seafarer to receive essential
information in a language the seaman understands.

(5) It shall be the duty of any master and any member of a
crew instructed or designated with an obligation under paragraph (4)
above to carry out that obligation.

Safe manning document
23 (1) It shall be the duty of the company to ensure that in
relation to every ship of 500 GT or more—

(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
subject to the provision of regulation 24.

(2) The master of any ship to which this regulation applies
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, subject to
provision of regulation 24.

(3) It shall be the duty of a company applying for a safe
manning document in respect of any Bermuda ship, to submit to the
ROS proposals for consideration as to the numbers and grade of
personnel it considers should be carried so that ship would be safely
manned if it proceeded to sea on any intended voyages.

(4) In preparing proposals referred to in paragraph (3) the
company shall take into account the Principles of Safe Manning

Title 31
Laws of Bermuda Item 16(wa)

21

contained in IMO Resolution A481 (XII) or any other document replacing
the same, and guidance issued by the ROS from time to time.

(5) It shall be the duty of the company after the issue of a safe
manning document to inform the ROS as soon as any of the
circumstances which are pertinent to that safe manning document
change, for the purpose of enabling the ROS to review the document's
continuing validity or approve fresh proposals from the company.

(6) Notwithstanding the revocation of the Merchant Shipping
(Safe Manning Document) Regulations 1993 (B.R. 3/1993) [title 31 item
16(zi)] by regulation 38 a safe manning document issued pursuant to
those revoked regulations shall continue to be valid subject to paragraph
(5) above until 1st February 2002.

Exceptional Circumstances
24 In an occasion where a member of the crew specified on the safe
manning documents is incapacitated through accident or sudden illness
or is unable to sail due to disciplinary action; or in any other unforeseen
circumstances causing the available compliment on the ship to be less
than that prescribed on the safe manning document, the final decision
as to whether the ship should proceed to sea rests with the master.
However, prior to making any such decision to proceed to sea, the
master shall ensure that—

(a) the duration of the voyage is no more than 21 days and
limited only to the next port of call;

(b) subject to the provisions of regulation 29, suitable
watchkeeping arrangements can be maintained through-
out the voyage for the safe operation of the ship and the
protection of the environment, having had due regards
to the requirements of regulations 25, 26, 27 and 28;

(c) necessary adjustments can be made to the muster list to
meet any emergency situation;

(d) the replacement seafarer would be available to join the
ship at the next port of call;

(e) the Registry of Shipping Bermuda is kept fully informed
of the circumstances; and

(f) appropriate entries are made in the ships official log
book, relating to the circumstances.

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22

HOURS OF WORK AND REST

General Requirements for all seafarers
25 (1) All seafarers shall be entitled to a minimum of ten hours of
rest in a day and 77 hours in a week. The minimum hours of rest in a
day may be split but there shall be at least one uninterrupted period of 6
hours of rest.

(2) The standard hours of work shall be 72 hours in a week
with a maximum of 14 hours of work in any single day. However based
on a collective agreement a seafarer may work up to a maximum of 91
hours in a week, provided the minimum period of rest specified above
can be ensured.

(3) Seafarers shall not be required to work more hours than is
safe in relation to the safety of the ship except in case of an emergency
where the master may require the seafarers to report to their muster
stations or otherwise perform such emergency duties to save and protect
life, property and the environment.

(4) It will be necessary for the ship to maintain a record of
actual hours worked by seafarers to ensure that the mandatory
requirement in respect of minimum hours of rest has been complied
with.

Duty of company, employers and masters
26 (1) For the purpose of preventing fatigue the rest period for
watchkeeping personnel and watch systems on board shall be arranged
so that the efficiency of all watchkeeping personnel is not impaired by
fatigue and that duties shall be so organised that the first watch at the
commencement of the voyage and subsequent relieving watches are
sufficiently rested and otherwise fit for duty.

(2) Subject to regulation 28, it shall be the duty of every
company in respect of a ship, and of every employer, to ensure, so far as
is reasonably practicable, that the master and crew do not work more
hours than is safe in relation to the safety of the ship and the master's
and the seafarers', performance of their duties.

(3) Subject to regulation 28, it shall be the duty of every master
of a ship to ensure, so far as is reasonably practicable, that seafarers do
not work more hours than is safe in relation to the safety of the ship and
seafarers' performance of their duties.

Duties of master and seamen
27 Every master and seafarer shall, so far as is reasonably
practicable, ensure that he is properly rested when commencing duty on

Title 31
Laws of Bermuda Item 16(wa)

23

a ship and that he obtains adequate rest during periods when he is off
duty.

Schedule of duties and need to record
28 (1) It shall be the duty of the company to produce a schedule of
duties complying with this regulation.

(2) Where the company is not also the employer of the master
and all the seafarers, the company shall consult any other person who is
an employer of the master or of any of the seafarers before production of
the schedule.

(3) The company may arrange with any such employer that the
employer is to produce a schedule of duties complying with this
regulation. In such a case that employer shall also be subject to the
duties of the company under this regulation.

(4) Before producing a schedule the company shall seek the
views of the master and any other party who may have a genuine interest
in the safety of the ship or welfare of the crew.

(5) A schedule complies with this regulation if—

(a) it sets out the hours of work for—

(i) masters and seafarers whose work includes
regular watchkeeping duties or ship handling;
and

(ii) the ship's chief engineer, chief officer and
second engineer officer, so as to provide that
they do not work more hours than is safe in
relation to the safety of the ship and the
master's and seamen's performance of their
duties;

(b) it specifies the maximum period of continuous
watchkeeping, the minimum rest period between
watches, and the total daily, weekly and monthly hours
of work;

(c) it provides a minimum of ten hours of rest in any twenty
four hour period; the hours of rest may be divided into
no more than two periods, one of which shall be at least
six hours in length.

(6) Notwithstanding the provisions of paragraph 5(c), the
minimum period of ten hours may be reduced to not less than six
consecutive hours provided that any such reduction shall not extend

MERCHANT SHIPPING (CERTIFICATION, MANNING AND
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24

beyond two days and not less than seventy-seven hours of rest are
provided each seven-day period.

(7) The company shall give consideration to the category of
shipping operation undertaken in arranging the hours of work.

(8) The schedule may be changed by the company or by an
employer who by virtue of paragraph (3) is subject to the duties of the
company under this regulation, on condition that—

(a) other employers and the company (as the case may be)
have been consulted;

(b) the company or the said employer has sought the views
of the master and any other party who may have a
genuine interest in the safety of the ship or the welfare of
the crew, on the proposed changes;

(c) the schedule as changed complies with paragraph (5).

(9) The company shall ensure that the schedule is displayed
prominently in the crew accommodation for the information of all the
seamen.

(10) It shall be the duty of the master to ensure, as far as
reasonably practicable, that the hours of work specified in the schedule,
are not exceeded.

(11) The company and the master shall maintain on the ship a
copy of the schedule, and a record of all deviations from its
requirements.

(12) The company for the time being shall ensure that a copy of
the schedule and of the record of all deviations from its requirements are
preserved for a period of three years from the date the schedule was
introduced, and that they are available for inspection at any time by a
public officer, or other person, appointed by the Minister.

Exception for Emergencies
29 (1) The requirements for rest periods specified in regulation
28(5)(c) need not be maintained in case of an emergency or drill or in
other overriding operational conditions; and in particular a master of a
ship or seafarer may participate in a navigational, engine room or
machinery watch although he has not had the rest period provided by
the schedule produced in pursuance of regulation 28, and the master
may exceed, and a seafarer may be required to exceed, the schedule's
work or duty periods, when in the opinion of the master it is necessary to
meet an emergency threatening the safety of the ship or the life of any
person or threatening damage to the environment.

Title 31
Laws of Bermuda Item 16(wa)

25

(2) When in pursuance of paragraph (1) the master or a
seafarer has worked within a rest period provided for by the schedule,
his name shall be entered in the record required to be maintained by
regulation 28(11), together with the reason why he so worked.

PART III
WATCHKEEPING

Watchkeeping arrangements
30 (1) The master of any ship shall ensure that the watchkeeping
arrangements for the ship are at all times adequate for maintaining safe
navigational and engineering watches having regard to the matters set
out in Chapter VIII of section A of the STCW Code. The master shall give
directions to the deck watchkeeping officers responsible for navigating
the ship safely during their periods of duty, having particular regard to
the matters set out in Chapter VIII/2, Part 3 (other than Part VIII/1) and
any operational guidance specified by the Minister.

(2) The chief engineer officer of any ship shall, in consultation
with the master, ensure that the engineering watchkeeping
arrangements for the ship are at all times adequate for maintaining a
safe watch, having regard to the matters set out in Part 3-2 of section
A-VIII/2 of the STCW Code. When deciding the composition of the watch
the chief engineer officer shall take into account the principles set out in
Part 3-2 of that section and any operational guidance specified by the
Minister.

Watchkeeping arrangements in port
31 The master of any ship which is safely moored or safely at
anchor under normal circumstances in port shall arrange for an
appropriate and effective watch to be maintained for the purposes of
safety. Such arrangements shall have regard to the matters set out in
Part 4 of section A-VIII/2 of the STCW Code and to any operational
guidance specified by the Minister.

Watchkeeping arrangements in port for ships carrying hazardous
cargo
32 (1) The master of any ship which is carrying hazardous cargo
and which is in port, even when safely moored or safely at anchor, shall
in addition to any watchkeeping arrangements required under regulation
27, in the case of:

(a) a ship carrying cargo in bulk that is hazardous, whether
it is or may be explosive, flammable, toxic, a threat to
health or liable to pollute the environment, ensure that a

MERCHANT SHIPPING (CERTIFICATION, MANNING AND
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26

safe deck watch and safe engineering watch are
maintained by the ready availability on board of a duly
qualified officer or officers, and ratings where
appropriate; and

(b) a ship carrying hazardous cargo other than in bulk,
whether it is or may be explosive, flammable, toxic, a
threat to health or liable to pollute the environment,
ensure that in organizing safe watchkeeping
arrangements he takes account of the nature, quantity,
packing and stowage of the hazardous cargo and of any
special conditions on board, afloat and ashore.

(2) Such watchkeeping arrangements shall take full account of
the principles and any operational guidance specified by the Minister.

PART IV
GENERAL

Carriage of documents
33 Without prejudice to regulation 22 the company and the master
shall ensure that there are carried at all times on board ship all
certificates, endorsements and other documents issued pursuant to the
STCW Convention indicating the qualification of any member of the crew
to perform functions which they are required to perform aboard ship in
the course of their designated duties.

Inspection of sea-going ships
34 (1) An authorized person may inspect a Bermuda ship
wherever located and any ship which is not a Bermuda ship to which
these Regulations apply, when such ship is in Bermuda waters, for the
purposes of:

(a) verifying that all seafarers serving on board who are
required to be certificated hold a valid appropriate
certificate; and

(b) assessing the ability of the seafarers in the ship to
maintain the watchkeeping standards required by these
Regulations where there are grounds for believing that
such standards are not being maintained because, while
in a port outside of Bermuda or in a port in Bermuda, or
in the approaches to that port, any of the following have
occurred:

(i) the ship has been involved in a collision,
grounding or stranding;

Title 31
Laws of Bermuda Item 16(wa)

27

(ii) there has been a discharge of substances from
the ship when underway, at anchor or at a
berth, contrary to the laws of Bermuda or, in the
case of a Bermuda ship, outside of Bermuda,
contrary to the laws of another country;

(iii) the ship has been manoeuvred in an erratic or
unsafe manner or navigational course markers
or traffic separation schemes have not been
followed; or

(iv) the ship has otherwise been operated in such a
manner as to pose a danger to persons, property
or the environment.

(2) Deficiencies which for the purposes of paragraph (1)(b)(iv)
may pose a danger to persons, property or the environment include:

(a) a failure of seafarers, required to hold an appropriate
certificate to have an appropriate valid certificate or a
valid exemption from that requirement;

(b) a failure to comply with the safe manning document;

(c) a failure of navigational or engineering watch
arrangements to conform to the requirements specified
for the ship by these Regulations for a Bermuda ship
and for other ships by the competent authority of the
country in which the ship is registered;

(d) an absence on a watch of a person qualified to operate
equipment essential to safe navigation and, safety radio
communications or the prevention of marine pollution;

(e) an inability of the master to provide adequately rested
persons for the first watch at the commencement of a
voyage and for subsequent relieving watches.

(3) If an authorized person finds on an inspection any
deficiency referred to in paragraph (2) he shall notify in writing the
master of the ship and in the case of a ship registered outside Bermuda,
the nearest maritime, consular or diplomatic representative of the flag
State.

(4) Pursuant to an inspection by an authorized person if it was
found that there is sufficient ground to conduct a formal inquiry the
Minister may appoint a Court of Inquiry or a Board of Inquiry (as the
case may be) to enquire into the conduct of a seafarer (seafarer includes
the master) and if found guilty, suspend or cancel a certificate or
endorsement issued by him where deemed necessary. In case of the

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28

conduct of a seafarer who does not have a certificate of competency and
being found unbecoming of a seafarer the Minister may withdraw the
discharge certificate or otherwise impose restrictions on his future
employment on Bermuda ships.

Where the seafarer holds a certificate or discharge book
issued by another state the Minister shall arrange to communicate to the
state concerned the findings of the court or the board and impose such
restrictions on the employment of the seafarer on a Bermuda ship as
deemed appropriate.

Power to detain
35 (1) In any case where it is found:

(a) in relation to a ship which is a Bermuda ship, that there
is any contravention of these Regulations; or

(b) in relation to a ship which is not a Bermuda ship, that
there is—

(i) any contravention of regulation 23 (excepting
reference to regulation 24), 30, 31 or 32;

(ii) a failure to correct a deficiency referred to in
regulation 34(2) after notification to the master
pursuant to regulation 34(3), and there is in
consequence a danger to persons, property or
the environment,

the ship may be detained.

Penalties
36 (1) Any company which contravenes regulation 22(2) or (4),
23(1) or (3), 26(2), 28 or 33 is guilty of an offence and is liable on
conviction by a court of summary jurisdiction to a fine not exceeding
$10,000, or on indictment to a fine, or to imprisonment not exceeding 6
months, or both.

(2) Any master who contravenes regulation 22(5), 23(2), 26(3),
30(1), 31, 32, or 33 is guilty of an offence and is liable on conviction by a
court of summary jurisdiction to a fine not exceeding $10,000, or on
indictment to a fine, or by imprisonment not exceeding 6 months, or
both.

(3) When an employer has, pursuant to regulation 28(3),
become subject to the duties of the company under that regulation any
contravention of regulation 28 by the employer shall be an offence,
punishable on summary conviction by a fine not exceeding $10,000, or

Title 31
Laws of Bermuda Item 16(wa)

29

on indictment by a fine, or (in the case of an individual) by imprisonment
not exceeding 6 months or both.

(4) Any member of the crew who contravenes regulation 22(5) is
guilty of an offence, punishable on summary conviction by a fine not
exceeding $3,000.

(5) Any chief engineer who contravenes regulation 30(2) is
guilty of an offence punishable on summary conviction by a fine not
exceeding $10,000.

(6) If a company contravenes regulation 26(2), it is guilty of an
offence and liable on summary conviction to a fine not exceeding
$10,000.

(7) If an employer contravenes regulation 26(2), he shall be
guilty of an offence and liable on summary conviction to a fine not
exceeding $10,000.

(8) If a master contravenes regulation 27 or 28(10) or (11) he is
guilty of an offence and liable on summary conviction to a fine not
exceeding $1,000.

(9) If a seaman contravenes regulation 27 he is guilty of an
offence and liable on summary conviction to a fine of $1,000.

(10) It shall be a defense for a person charged with an offence
involving contravention of regulations to prove that he took all
reasonable steps to avoid commission of the offence.

(11) In any proceedings for an offence under any of these
Regulations consisting of a failure to comply with a duty or requirement
to do something so far as is reasonably practicable, it shall be for the
accused to prove that it was not reasonably practicable to do more than
was in fact done to satisfy the duty or requirement.

Exemptions and Dispensations
37 (1) The Minister may grant, on such terms, if any, as he may
specify, exemptions from all or any provisions of these Regulations for
classes of cases or individual cases.

(2) The Minister, in circumstances of exceptional necessity, if in
his opinion this does not cause danger to persons, property or the
environment, may issue a dispensation permitting a specified seafarer to
serve on a specified ship for a specified period not exceeding six months
in a capacity, other than that for the radio operator, except as provided
by the relevant Radio Regulations, for which he does not hold the
appropriate certificate, provided that the person to whom the
dispensation is issued shall be adequately qualified to fill the vacant post

MERCHANT SHIPPING (CERTIFICATION, MANNING AND
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30

in a safe manner, to the satisfaction of the Minister. However
dispensation shall not be granted to a master, or a chief engineer officer,
except in circumstances of force majeure and then only for the shortest
possible period.

(3) Any dispensation granted for a post shall be granted only to
a person properly certificated to fill the post immediately below. Where
certification of the post below is not required by the Convention, a
dispensation may be issued to a person whose qualification and
experience are, in the opinion of the Minister, of a clear equivalence to
the requirements for the post to be filled, provided that, if such a person
holds no appropriate certificate, he shall be required to possess
certificates or documentary evidence as appropriate to indicate that the
holder has attended courses of training in Emergency, Occupational
safety, Medical care and Survival functions as required under Chapter
VI, of the Convention, and additionally the person has sufficient evidence
for carrying out the functions he is expected to perform, which may be
accepted by the Minister as demonstrating that such a dispensation may
safely be issued. In addition, the Minister requires that the post in
question is filled by the holder of an appropriate certificate as soon as
possible.

Revocations
38 (1) The following Regulations are hereby revoked:

The Merchant Shipping (Tankers-Officers and Ratings)
Regulations 1988;

The Merchant Shipping (Engine Room Watch Ratings)
Regulations 1988;

The Merchant Shipping (Navigational Watch Ratings)
Regulations 1988;

The Merchant Shipping (Certificates of Proficiency in
Survival Craft) Regulations 1988;

The Merchant Shipping (Certification of Deck Officers)
Regulations 1991;

The Merchant Shipping (Certification of Marine Engineer
Officers) Regulations 1991;

The Merchant Shipping (Certification and Watchkeeping)
Regulations 1988;

The Merchant Shipping (Safe Manning Document)
Regulations 1993; and

The Merchant Shipping (Hours of Work) Regulations 1995.

Title 31
Laws of Bermuda Item 16(wa)

31

(2) Notwithstanding the revocations of Regulations made by
paragraph (1)—

(a) certificates or licences granted, endorsements made and
standards of competency and training already met,
pursuant to such Regulations, shall be treated as
equivalent to certificates, endorsements, appropriate
certificates, standards of competency or training,
referred to in these Regulations, and shall accordingly
remain of full validity, subject to regulation 6, until 31st
January 2002;

(b) seafarers who commence:

(i) seagoing service as part of an approved training
programme; or

(ii) the shore-based phase of an approved training
programme before 1st August 1998 may be
issued with certificates, or have a certificate
recognized or endorsed, pursuant to such
revoked Regulations and the provisions of sub-
paragraph (a) shall apply to such certificates;

(c) seafarers who commence and satisfactorily complete
training on or after 1st August 1998, or complete a
training programme which meets the standards required
by these Regulations after that date, shall be issued with
an appropriate certificate.

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