Merchant Shipping (Fees) Regulations 2007
MERCHANT SHIPPING (FEES) REGULATIONS 2007
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BR 52 /2007
MERCHANT SHIPPING ACT 2002
2002 : 35
MERCHANT SHIPPING (FEES) REGULATIONS 2007
ARRANGEMENT OF REGULATIONS
1 Citation
2 Interpretation
3 Application
4 Fees
5 Revocation
SCHEDULE
PART I
Surveys, inspections and
applications for exemption
PART II
Tonnage measurements
PART III
Additional charges
PART IV
Registration of mortgages,
change of ownership of ships
etc., and miscellaneous fees
PART V
Registration and tonnage fees
(ships other than ships
chartered-out by demise)
PART VI
Registration and Tonnage Fees
(ships chartered-out by demise)
The Minister responsible for Transport, in exercise of the powers
conferred under section 250 of the Merchant Shipping Act 2002, makes
the following Regulations:
MERCHANT SHIPPING (FEES) REGULATIONS 2007
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Citation
1 These Regulations may be cited as the Merchant Shipping (Fees)
Regulations 2007.
Interpretation
2 In these regulations—
“Act” means the Merchant Shipping Act 2002;
“tons” means gross tonnage, and the gross tonnage of a ship
having alternative gross tonnages shall be taken to be the
larger of those tonnages.
Application
3 (1) Nothing in these regulations shall apply to any service
started before the date on which these regulations come into operation,
and as respects any such service the fee payable shall be that applicable
at the time of starting the service.
(2) The fees set out in the Schedule to these regulations shall
apply in respect of any service started on or after the date on which these
regulations come into operation.
(3) Where a fee is determined by the amount of work involved
on or off the ship—
(a) travelling time in excess of 1 hour for each visit to a ship
in Bermuda shall be disregarded;
(b) travelling time includes the time taken to travel from
Bermuda to a ship overseas subject to a maximum of 10
hours in any 24 hour period;
(c) travel and subsistence costs incurred in visiting a ship
outside Bermuda shall be charged in addition to the
hourly rate;
(d) where the work is carried out in conjunction with a non-
statutory survey for which fees are not payable under
these regulations, the fee is to be determined by
reference to the time taken to ensure compliance with
the requirements for which fees are charged under these
regulations; and
(e) any specific costs incurred in respect of outside services
shall be charged additionally to the hourly rate.
Fees
4 The fees specified in the Schedule to these Regulations shall be
the fees payable for the services in relation thereto.
MERCHANT SHIPPING (FEES) REGULATIONS 2007
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Revocation
5 The Merchant Shipping (Fees) Regulations 1988 are revoked.
SCHEDULE (regulation 4)
PART I
SURVEYS, INSPECTIONS AND APPLICATIONS FOR EXEMPTION
1 In this Part of the Schedule, “statutory requirement” means any
provision of the principal Act as they apply to Bermuda—
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;
Prevention and Control of Pollution;
Manning and Certification;
Survey and Certification;
Tonnage Measurement;
Special Measures to Enhance Maritime Security;
International Safety Management.
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
$140.00.
Application of Part 1
3 Subject to paragraph 3, the services and other functions to
which this Part applies are—
MERCHANT SHIPPING (FEES) REGULATIONS 2007
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(a) a survey or inspection of a ship or its equipment or an
audit of its management systems, on the application of
the owner, for the issue, amendment, endorsement or
renewal of a certificate for the purpose of showing
compliance with any of the statutory requirements;
(b) any other inspection of a ship or its equipment under
section 219(1) of the Act (powers to inspect ships and
their equipment) on the application of the owner, for the
purpose of seeing that the ship complies with any of the
statutory requirements;
(c) an inspection or audit under section 219(1) of the Act,
otherwise than on the application of the owner, for the
purpose of seeing whether or not the statutory
requirements have been complied with;
(d) an inspection, survey or audit of the ship, its equipment
or management, whether on the application of the owner
or otherwise, where—
(i) the ship or any of its equipment subject to the
statutory requirements has been damaged,
changed or modified,
(ii) a previous inspection has revealed a failure to
comply with any of those requirements, or
(iii) an inspection following the detention of a
Bermuda ship in another country, for the
purpose of seeing that the statutory
requirements have subsequently been complied
with;
(e) the consideration of an application for an exemption or
approval or an amendment of an exemption or approval
pursuant to any of the statutory requirements;
(f) the consideration of an application for equivalence
pursuant to any of the statutory requirements;
(g) the appointment (including consideration of the
suitability of an appointment) of a surveyor not
employed by the Government of Bermuda to undertake a
survey, inspection or audit outside of Bermuda in
accordance with the statutory requirements and the
subsequent consideration of the results thereof and the
issue, renewal or endorsement of a certificate;
(h) an inspection pursuant to the statutory requirements
which results in the detention of a ship and any
subsequent inspection relating to the deficiencies which
led to the detention; and
MERCHANT SHIPPING (FEES) REGULATIONS 2007
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(i) the issue or re-issue of a certificate pursuant to the
statutory requirements, or the issue of a letter of
acceptance in lieu of a statutory certificate.
4 Where a fee is specifically prescribed under another Part of this
Schedule in respect of a survey, inspection or audit or the issue or
endorsement of a certificate in connection with any of the statutory
requirements, the fee so prescribed applies and not the fee prescribed
under this Part.
5 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.
PART II
TONNAGE MEASUREMENT
FEES FOR MEASUREMENT OF SHIP'S TONNAGE
1 Subject to any additional charge payable under Part III of this
Schedule, the fee to be charged for the tonnage measurement of ships
shall be determined by the amount of work involved, charged at the
hourly rate of $140.00.
2 The fees to be charged for the tonnage measurement or
measurement of a pleasure yacht not exceeding 24 metres in overall
length shall be determined by the amount of work involved, and charged
at an hourly rate of $140.00 per hour subject to the maximum stated
under sub-paragraphs (a) and (b):
(a) when undertaken in Bermuda, $700; and
(b) when undertaken outside Bermuda, $1400.
PART III
ADDITIONAL CHARGES
1 Waiting time—
Fees in respect of waiting time incurred during a survey, inspection or
audit undertaken outside of Bermuda shall be charged at the rate of
$140.00 per hour, with a maximum number of 7 hours in any 24-hour
period being accountable.
2 Saturday, Sunday or Public Holiday—
Fees for services undertaken on a Saturday, Sunday or Public Holiday,
shall be determined by the amount of work involved, charged at an
hourly rate of $280.00, with a maximum number of 7 hours in any 24-
hour period being accountable.
MERCHANT SHIPPING (FEES) REGULATIONS 2007
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PART IV
REGISTRATION OF MORTGAGES, CHANGE OF OWNERSHIP OF SHIPS
ETC., AND MISCELLANEOUS FEES
Service Fee
1. Registration of each mortgage, transfer or discharge
of mortgage —
(a) yachts not exceeding 24 metres in registered
length
$110.00
(b) yachts exceeding 24 metres in registered
length
$220.00
(c) other ships $440.00
(d) mortgage intent $220.00
2. Registration of each transfer of ownership, a share
or shares in a registered ship —
(a) yachts not exceeding 24 metres in registered
length
$110.00
(b) yachts exceeding 24 metres in registered
length
$220.00
(c) other ships $440.00
3. Registration of a change of name of a ship —
(a) yachts not exceeding 24 metres in registered
length
$110.00
(b) yachts exceeding 24 metres in registered
length
$220.00
(c) other ships $440.00
4. Registration of change of 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
$110.00
(b) yachts exceeding 24 metres in registered
length
$220.00
MERCHANT SHIPPING (FEES) REGULATIONS 2007
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(c) other ships $440.00
5. Issue of a Transcript of Register relating to any one
ship —
(a) for current entries $110.00
(b) for other entries $110.00
6. Where application for registration is withdrawn prior
to the completion of the registration of a ship —
(a) yachts not exceeding 24 metres in registered
length
$110.00
(b) yachts exceeding 24 metres in registered
length
$220.00
(c) other ships $440.00
7. Issue of duplicate Certificate of Registry $110.00
8. Personal inspection of the 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
$110.00
(b) yachts exceeding 24 metres in registered
length
$220.00
(c) other ships $440.00
10. Documentation charges for demise charter
registration out of flag —
(a) yachts $440.00
(b) ships other than passenger ships and yachts $440.00
(c) passenger ships $440.00
11. For requesting a search for any document or of any
Register or Index and issuing a copy thereof (applies
only to a public document)
$110.00
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12. For a certified copy of any document to be produced
in evidence under the Merchant Shipping Act 2002
$110.00
13. For the issue of a seaman's discharge book $65.00
14. For the issue of a Bermuda endorsement $125.00
15. For the revalidation of a Bermuda endorsement $125.00
16. For the issue of a statutory certificate or exemption $125.00
17. Annual service fee for vessels over 500 GRT $600.00
18. Annual service fee for vessels not over 500 GRT and
over 24 metres
$250.00
19. Annual service fee for Class 1 passenger vessels $1,250.00
20. Initial fee for approval of "Approved Container
Examination Programme" (ACEP)
$5,000.00
21. Annual fee for administration of ACEP $20,000.00
PART V
REGISTRATION AND TONNAGE FEES
(Ships other than ships chartered-out by demise)
CARGO SHIPS
1. In respect of one ship —
(a) not exceeding 10,000 tons:
registration fee $ 3,000.00
tonnage fee $ 4,000.00
(b) exceeding 10,000 tons but not exceeding 50,000
tons:
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registration fee $ 3,000.00 plus
an additional
fee of 30
cents for each
ton in excess of
10,000 tons
tonnage fee $ 4,000.00 plus
an additional
fee of 22
cents for each
ton in excess of
10,000 tons
(c) exceeding 50,000 tons:
registration fee $15,000.00
tonnage fee $12,800.00
plus an addi-
tional fee of 15
cents per ton
for each ton in
excess of
50,000 tons
subject to a
maximum of
$30,000.00
2. In respect of a second ship, being in the same ownership or
management, registered at the time of registration of the first ship or
within 12 months of such registration —
(a) not exceeding 10,000 tons:
registration fee $ 2,000.00
tonnage fee $ 4,000.00
(b) exceeding 10,000 tons but not exceeding 50,000 tons:
registration fee $ 2,000.00 plus
an additional
fee of 20 cents
per ton in
excess of
10,000 tons
tonnage fee $ 4,000.00 plus
an additional
fee of 22 cents
per ton for each
MERCHANT SHIPPING (FEES) REGULATIONS 2007
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ton in excess of
10,000 tons
(c) exceeding 50,000 tons:
registration fee $10,000.00
tonnage fee $12,800.00
plus an addi-
tional fee of 15
cents per ton
for each ton in
excess of
50,000 tons
subject to
a maximum of
$30,000.00
3. In respect of a third or subsequent ship being in the same
ownership or management, registered at the time of registration of the
first ship or within 36 months of such registration —
(a) not exceeding 10,000 tons:
registration fee $ 1,000.00
tonnage fee $ 4,000.00
(b) exceeding 10,000 tons but not exceeding 50,000 tons:
registration fee $ 1,000.00
tonnage fee $ 4,000.00 plus
an additional
fee of 22 cents
per ton for each
ton in excess of
10,000 tons
(c) exceeding 50,000 tons:
registration fee $ 1,000.00
tonnage fee $12,800.00
plus an addi-
tional fee of 15
cents per ton
for each ton in
excess of
50,000 tons
subject to a
maximum of
$30,000.00
MERCHANT SHIPPING (FEES) REGULATIONS 2007
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PASSENGER SHIPS
1. Passenger ships engaged in long or short international voyages
and issued with Class I, II or IIA passenger ship safety certificates —
(a) not exceeding 10,000 tons:
registration fee $ 5,000.00
tonnage fee $ 10,000.00
(b) exceeding 10,000 tons:
registration fee $ 5,000.00 plus
an additional
fee of 35 cents
for each ton in
excess of
10,000 tons
tonnage fee $ 10,000.00
plus an
additional fee of
30cents for
each ton in
excess of
10,000 tons.
YACHTS
1. Pleasure yachts —
(a) if owned by a body corporate ⎯
(i) not exceeding 15 tons:
registration fee $ 600.00
tonnage fee $ 600.00
(ii) exceeding 15 tons but not exceeding 100 tons:
registration fee $ 1,500.00
tonnage fee $ 1,500.00
(iii) exceeding 100 tons but not exceeding 500 tons:
registration fee $ 3,000.00
tonnage fee $ 3,000.00
(iv) exceeding 500 tons but not exceeding 1000 tons:
registration fee $ 4,500.00
tonnage fee $ 4,500.00
(v) exceeding 1000 tons:
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registration fee $ 6,000.00
tonnage fee $ 6,000.00
(b) if owned by a person other than a body corporate —
(i) not exceeding 15 tons:
registration fee $ 250.00
tonnage fee Nil
(ii) exceeding 15 tons but not exceeding 100 tons:
registration fee $ 500.00
tonnage fee Nil
(iii) exceeding 100 tons:
registration fee $ 1,000.00
tonnage fee Nil.
2. Yachts of 24 metres or over in registered length engaged in
commercial activity —
(a) not exceeding 100 tons:
registration fee $ 2500.00
tonnage fee $ 3750.00
(b) exceeding 100 tons but not exceeding 500 tons:
registration fee $ 5,000.00
tonnage fee $ 5,000.00
(c) exceeding 500 tons but not exceeding 1000 tons:
registration fee $ 6,000.00
tonnage fee $ 7,500.00
(d) exceeding 1000 tons:
registration fee $ 7,000.00
tonnage fee $ 10,000.00
MERCHANT SHIPPING (FEES) REGULATIONS 2007
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PART VI
REGISTRATION AND TONNAGE FEES
(Ships chartered-out by demise)
REGISTRATION FEES
Part V of these regulations applies.
TONNAGE FEES
Fees in respect of tonnage for ships chartered-out by demise apply at the
rate of 50% of the tonnage fee applying for ships other than ships
chartered-out by demise.
Made this 22nd day of May, 2007
Premier
