Merchant Shipping (Fees) Amendment Regulations 1999

Link to law: http://www.bermudalaws.bm/Laws/Annual%20Laws/1999/Statutory%20Instruments/Merchant%20Shipping%20%28Fees%29%20Amendment%20Regulations%201999.pdf

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Merchant Shipping (Fees) Amendment Regulations 1999
MERCHANT SHIPPING (FEES) AMENDMENT REGULATIONS
1999

1

BR 21/1999

MERCHANT SHIPPING ACT 1979

1979 : 16

THE MERCHANT SHIPPING (FEES) AMENDMENT
REGULATIONS 1999

In exercise of the powers conferred upon the Minister by section
76 of the Merchant Shipping Act 1979, the following Regulations are
hereby made:

Citation, commencement and interpretation
1 (1) These Regulations may be cited as the Merchant Shipping
(Fees) Amendment Regulations 1999, and shall come into operation on 1
April 1999.

(2) In these Regulations, the "principal Regulations" means the
Merchant Shipping (Fees) Regulations 1988.

Amends regulation 2
2 Regulation 2 of the principal Regulations is amended by
inserting the following definition after the definition of "the Act of 1988"—

"the Act of 1994" means the Merchant Shipping (Demise Charter)
Act 1994;".

Substitutes Schedule
3 The Schedule to the principal Regulations is revoked and the
following Schedule substituted—

MERCHANT SHIPPING (FEES) AMENDMENT REGULATIONS
1999

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"SCHEDULE (regulation 3)

PART I

SURVEYS, INSPECTION AND APPLICATIONS FOR EXEMPTION

1 In this Part of the Schedule, "statutory requirement" means any
provision of the following Acts as they apply to Bermuda—

The principal Act;

The Act of 1949;

The Act of 1964

The Act of 1967;

The Act of 1973;

The Act of 1979 as amended;

The Act of 1988;

The Act of 1994;

and any regulation made thereunder and in respect of surveys,
inspections and applications for exemption relating to—

Crew;

Crew Accommodation;

Dangerous Goods;

Diving and Submersibles;

Fire and Life Saving;

Load Lines;

Medical Stores;

Radio and Navigational Equipment;

Ship Construction and Equipment;

Oil Pollution.

2 Subject to any additional charge payable under Part III of this
Schedule, the fees for the services in this Part of the Schedule shall be
determined by the amount of work involved, charged at an hourly rate of
$110.00.

MERCHANT SHIPPING (FEES) AMENDMENT REGULATIONS
1999

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3 Subject to paragraph 4 below, the services in this part of this
Schedule are:

(a) any survey or inspection of a ship or its equipment for
the issue, amendment, endorsement or renewal of a
certificate in accordance with or showing compliance
with any of the statutory requirements;

(b) any other inspection of a ship or its equipment under
section 69(1) of the Act of 1979, on the application of the
owner for the purpose of seeing that the ship complies
with any of the statutory requirements;

(c) any other inspection otherwise than on the application
of the owner to ensure compliance with the statutory
requirements where a previous inspection (whether or
not the owner's application) has revealed a failure to
comply with any of those requirements;

(d) any inspection or survey where the ship or any of its
equipment subject to the statutory requirements has
been damaged, changed or modified for the purpose of
seeing that the ship complies with the statutory
requirements after such damage, change or
modification;

(e) any application for an exemption in accordance with the
provisions of any of the statutory requirements;

(f) any documentary review and safety management system
audit of shipping companies and or ships made under
the provisions of the International Safety Management
Code (ISM-Code);

(g) any documentary review, approval of safe manning
requirements of ships or crew qualifications as required
under the provisions of the International Convention on
Standards of Training, Certification and Watchkeeping
1978 (STCW 78);

(h) documentary review or plan approval for ships prior to
or while registered in Bermuda; and

(i) the appointment of a surveyor from a certified authority
for undertaking statutory surveys, safety inspections or
audits on Bermuda registered ships.

4 Where a fee is specified in or covered by another Part of this
Schedule for any survey, inspection or certificate in connection with any
of the statutory requirements, the fee shall be payable in accordance
with that Part.

MERCHANT SHIPPING (FEES) AMENDMENT REGULATIONS
1999

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PART II

TONNAGE MEASUREMENT

FEES FOR MEASUREMENT OF SHIP'S TONNAGE

1 The fees prescribed in this Part are payable under section 83 of
the principal Act and where they relate to the tonnage measurement of a
ship they include the survey and certification under section 6 and the
inspection of markings under section 7(1) of the principal Act.

2 In this Part—

"the Regulations" means the Merchant Shipping (Tonnage)
Regulations 1982 as extended to Bermuda under the
Merchant Shipping (Tonnage) (Bermuda) Order 1982.

3 Subject to any additional charge payable under Part III of this
Schedule, the fee to be charged for the tonnage measurement of ships
according to the Regulations (not being a ship to which paragraph 4
below refers to) shall be determined by the amount of work involved,
charged at the hourly rate of $110.00.

4 The fees to be charged for the tonnage measurement or
measurement of a pleasure yacht under 13.7 metres (45 feet) in overall
length in accordance with Part IV and Appendix 5 of Schedule 5 to the
Regulations shall be determined by the amount of work involved, and
charged at an hourly rate of $110.00 per hour subject to the maximum
stated below:

(i) when undertaken in Bermuda, $325.00; and

(ii) when undertaken outside Bermuda, $625.00.

PART III

ADDITIONAL CHARGES

1 Fees in respect of the issue of full term Statutory Certificates
following a survey or inspection—

On receipt of a Declaration of Survey, inspection or interim
statutory certificate or Certificate of Financial Security of Civil
Liability for Oil Pollution, a fee of $115.00 shall be payable for
every such certificate or exemption issued, except a British or
International Tonnage Certificate, Load Line Certificate or Cargo
Ship Safety Construction Certificate issued by an authorised

MERCHANT SHIPPING (FEES) AMENDMENT REGULATIONS
1999

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officer of the Government of Bermuda or certified authority, in
accordance with established procedures.

2 Waiting time—

Fees in respect of waiting time incurred during surveys or ISM-
Code Audits undertaken outside of Bermuda shall be charged at
the rate of $110.00 per hour, with a maximum number of 10
hours in any 24-hour period being accountable.

PART IV

REGISTRATION OF MORTGAGES, CHANGE OF OWNERSHIP OF SHIPS
ETC., AND MISCELLANEOUS FEES

Fees for registration of mortgages of ships, change of ownership, transfer
of port, change of a ship's name, transcripts of register, service fees,
stationary etc.

Service— Fee

1. Registration of each mortgage, transfer or discharge
of mortgage

(a) yachts not exceeding 24 metres in registered
length $55.00

(b) yachts exceeding 24 metres in registered
length $110.00

(c) other ships $330.00

2. Registration of each transfer of ownership, a share
or shares in a registered ship

(a) yachts not exceeding 24 metres in registered
length $55.00

(b) yachts exceeding 24 metres in registered
length $110.00

(c) other ships $330.00

3. Registration of a change of name of a ship

(a) yachts not exceeding 24 metres in registered
length $55.00

MERCHANT SHIPPING (FEES) AMENDMENT REGULATIONS
1999

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(b) yachts exceeding 24 metres in registered
length $110.00

(c) other ships $220.00

4. Registration of change of measurement, tonnage or
engine particulars recorded in the Register (except
those resulting from the issue of a preliminary
Certificate of Survey)

(a) yachts not exceeding 24 metres in registered
length $25.00

(b) yachts exceeding 24 metres in registered
length $55.00

(c) other ships $110.00

5. Issue of a Transcript of Register relating to any one
ship—

(a) for current entries $55.00

(b) for other entries $75.00

6. Where application for registry is withdrawn prior to
the completion of the registration of a ship

(a) yachts not exceeding 24 metres in registered
length $25.00

(b) yachts exceeding 24 metres in registered
length $50.00

(c) other ships $200.00

7. Issue of duplicate Certificate of Registry $ 55.00

8. Personal inspection of a Register $ 25.00

9. Transfer of registration to a port in the United
Kingdom or a British possession

(a) yachts not exceeding 24 metres in registered
length $ 55.00

MERCHANT SHIPPING (FEES) AMENDMENT REGULATIONS
1999

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(b) yachts exceeding 24 metres in registered
length $110.00

(c) other ships $220.00

10. Documentation charges for demise charter
registration out of flag

(a) yachts $ 55.00

(b) ships other than passenger ships and yachts $220.00

(c) passenger ships $330.00

11. For requesting a search for any document or of any
Register of Index and issuing a copy thereof (applies
only to a public document) $55.00

12. For a certified copy of any document to be produced
in evidence under the Merchant Shipping Acts $55.00

13. For each set of Articles of Agreement (including one
official log book) $30.00

14. For each additional official log book $20.00

15. For oil record book- non-tankers (each)
tankers (two required) (each)

$10.00
$10.00

16. For GMDSS radio log book (each) $15.00

17. For each copy of a current combined Merchant
Shipping Act and regulations made thereunder $55.00

18. For each copy of the current Merchant Shipping
(Prevention of Oil) Regulations $30.00

19. For recovering cost of communications— courier
service, overseas telephone calls, postage and
facsimile messages

(direct cost
of service)".

MERCHANT SHIPPING (FEES) AMENDMENT REGULATIONS
1999

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Amendments to fees to apply with effect from date of operation of
Regulations
4 The amendments made to the fees by virtue of regulation 3 shall
apply in respect of any service started on or after the date on which these
Regulations come into operation and shall not apply in respect of
services started before such date.

Made this 26th day of March, 1999

Minister of Transport