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Merchant Shipping (Tonnage) Regulations 2008

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Merchant Shipping (Tonnage) Regulations 2008
MERCHANT SHIPPING (TONNAGE) REGULATIONS 2008


1





BR 79/2008

MERCHANT SHIPPING ACT 2002

2002 : 35

MERCHANT SHIPPING (TONNAGE) REGULATIONS 2008


ARRANGEMENT OF REGULATIONS

PART I
GENERAL

1 Short title
2 Interpretation

PART II
APPLICATION,

ASCERTAINMENT OF
TONNAGE AND

CERTIFICATION FOR
BERMUDA SHIPS OF 24

METRES IN LENGTH AND
OVER

3 Application
4 Method of measurement
5 Calculation of volumes
6 Gross tonnage
7 Net tonnage
8 Segregated ballast oil

tankers
9 Issue of certificates

10 Cancellation of certificates
11 Change of net tonnage

necessitating issue of
certificates

12 Use of gross tonnage
ascertained under
previous regulations

PART III
APPLICATION,

ASCERTAINMENT OF
TONNAGE AND

CERTIFICATION FOR
BERMUDA SHIPS OF LESS

THAN 24 METRES IN LENGTH,
OTHER THAN FISHING

VESSELS

13 Application
14 Measurement and

certification

MERCHANT SHIPPING (TONNAGE) REGULATIONS 2008


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PART IV
NON-BERMUDA SHIPS

15 Ascertainment of tonnage
and certification

PART V
MISCELLANEOUS

16 Penalties
17 Revocation

SCHEDULE 1 Coefficients
K1 and K2 Referred to in

Sections 6, 7 and 8

SCHEDULE 2 Excluded
Spaces as Defined in

Section 2





The Minister responsible for Shipping, in exercise of the powers
conferred by section 33 of the Merchant Shipping Act 2002, makes the
following regulations:

PART I

GENERAL

Short title
1 These Regulations may be cited as the Merchant Shipping
(Tonnage) Regulations 2008.

Interpretation
2 In these Regulations ⎯

"Act" means the Merchant Shipping Act 2002;

"Administration" means the Government of the state whose flag
the ship is flying;

"amidships" means the mid-point of the length, except in the
case of a ship of less than 24 metres in length when it means
the mid-point of the length overall;

"breadth" means the maximum breadth of the ship, measured
amidships to the moulded line of the frame in a ship with a
metal shell and to the outer surface of the hull in a ship with
a shell of any other material;

"break" means the space bounded longitudinally by a side to side
upward step in the lowest line of the upper deck and another
such step or the end of the ship, transversely by the sides of
the ship and vertically by the higher part of the deck and the
lowest line of the upper deck continued parallel thereto;

"cargo spaces" means enclosed spaces which are appropriated
for the transport of cargo to be discharged from the ship;

MERCHANT SHIPPING (TONNAGE) REGULATIONS 2008


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"Certifying Authority" means the Minister responsible for
Shipping or any person authorised by the Minister for the
purposes of these Regulations;

"Contracting Government" means the Government of a country
which has accepted the Convention;

"Convention" means the International Convention on Tonnage
Measurement of Ships, 1969;

"enclosed spaces" means all those spaces, other than excluded
spaces, which are bounded by the ship's hull, by fixed or
portable partitions or bulkheads or by decks or coverings
other than permanent or moveable awnings: no break in a
deck, nor any opening in the ship's hull, in a deck or in a
covering of a space, or in the partitions or bulkheads of a
space, nor the absence of a partition or bulkhead, shall
preclude a space from being included in the enclosed spaces
and, for the purposes of this definition, "excluded spaces"
mean, subject to paragraph (f), any of the spaces specified in
paragraphs (a) to (e) ⎯

(a) that part of an enclosed space within an erection
opposite an end opening and extending from the opening
to an athwartship line at a fore and aft distance from the
opening equal to half the breadth of the deck at the line
of the opening: such end opening shall have a breadth
equal to or greater than 90 per cent of the breadth of the
deck at the line of the opening and shall extend from
deck to deck or to a curtain plate of a depth not
exceeding by more than 25 millimetres the depth of the
adjacent deck beams, as specified in Figure 1 of
Schedule 1: provided that ⎯

(i) where at any point the width of the enclosed space
because of any arrangement except convergence of
the outside plating, as specified in Figure 3 of
Schedule 1, becomes less than 90 per cent of the
breadth of the deck at the line of the opening, the
excluded space shall extend only to an athwartship
line intersecting that point, as specified in Figures 2
and 4 of Schedule 1;

(ii) where the opposite ends of two enclosed spaces are
separated by a gap, which is completely open
except for bulwarks or open rails and of fore and aft
length less than half the least breadth of the deck
at the gap, then no part of the enclosed spaces shall
be excluded, as specified in Figures 5 and 6 of
Schedule 1;

MERCHANT SHIPPING (TONNAGE) REGULATIONS 2008


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(b) a space under an overhead deck covering open to the sea
and weather having no other connection on the exposed
sides with the body of the ship than the stanchions
necessary for its support: in such a space, open rails or
a bulwark and curtain plate may be fitted or stanchions
fitted at the ship's side, provided that the distance
between the top of the rails or the bulwark and the
curtain plate is not less than 0.75 metres or one-third of
the height of the space, whichever is the greater, as
specified in Figure 7 of Schedule 1;

(c) a space in a side-to-side erection between opposite side
openings not less in height than 0.75 metres or one-
third of the height of the erection whichever is the
greater: if the opening in such an erection is provided on
one side only, the space to be excluded from the volume
of enclosed spaces shall be limited inboard from the
opening to a maximum of one half of the breadth of the
deck in way of the opening, as specified in Figure 8 of
Schedule 1;

(d) a space in an erection immediately below an uncovered
opening in the deck overhead, provided such an opening
is exposed to the weather and the space excluded from
enclosed spaces is limited to the area of the opening, as
specified in Figure 9 of Schedule 1;

(e) a recess in the boundary bulkhead of an erection which
is exposed to the weather and the opening of which
extends from deck to deck without means of closing,
provided that the interior width is not greater than the
width at the entrance and its extension into the erection
is not greater than twice the width of its entrance, as
specified in Figure 10 of Schedule 1;

(f) notwithstanding paragraphs (a) to (e), any space listed in
those subsections which fulfills at least one of the
following conditions shall be treated as an enclosed
space ⎯

(i) the space is fitted with shelves or other means for
securing cargo or stores;

(ii) the openings are fitted with any means of closure;

(iii) the construction provides a possibility of such
openings being closed;

"length" means the greater of the following distances ⎯

(a) the distance between the fore side of the stem and the
axis of the rudder stock; or

MERCHANT SHIPPING (TONNAGE) REGULATIONS 2008


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(b) 96 per cent of the distance between the fore side of the
stem and the aft side of the stern,

the points and measurements being taken respectively at and
along a waterline at 85 per cent of the least moulded depth of
the ship: in the case of a ship having a rake of keel the
waterline shall be parallel to the designed waterline;

"length overall" means the distance between the foreside of the
foremost fixed permanent structure and the afterside of the
aftermost fixed permanent structure; and "fixed permanent
structure" includes any portion of the hull which is capable of
being detached, but which is fixed in place during the normal
operation of the vessel: it does not include functional
arrangements such as safety rails, bowsprits, pulpits,
stemhead fittings, rudders, steering gear, outdrives, outboard
motors, propulsion machinery, diving platforms, boarding
platforms, rubbing strips and fenders, other than where such
functional arrangements are designed to replace any part of
the hull that has been removed;

"Load Line Rules" means the UK Merchant Shipping (Load Line)
Rules 2003; or in relation to any ship not registered in
Bermuda any corresponding rules of the country in which the
ship is registered;

"moulded depth", and in the case of a ship of less than 24 metres
"depth", means the vertical distance measured from the top of
the keel of a metal ship, or in wood and composite ships from
the lower edge of the keel rabbet, to the underside of the
upper deck at side, or, in the case of a ship which is not fully
decked, to the top of the upper strake or gunwale, provided
that ⎯

(a) where the form at the lower part of the midship section
is of a hollow character, or where thick garboards are
fitted, the distance is measured from the point where the
line of the flat of the bottom continued inwards cuts the
side of the keel;

(b) in the case of a glass reinforced plastic ship where no
keel member is fitted and the keel is of open trough
construction, the distance is measured from the top of
the keel filling, if any, or the level at which the inside
breadth of the trough is 100 millimetres, whichever gives
the lesser depth;

(c) in ships having rounded gunwales, the distance is
measured to the point of intersection of the moulded
lines of the deck and side shell plating, the lines
extending as though the gunwales were of angular
design; and

MERCHANT SHIPPING (TONNAGE) REGULATIONS 2008


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(d) where the upper deck is stepped and the raised part of
the deck extends over the point at which the moulded
depth is measured, the distance is measured to a line of
reference extending from the lower part of the deck along
a line parallel with the raised part; and for the purposes
of this definition —

(i) "upper deck" means the uppermost complete deck
exposed to weather and sea, which has permanent
means of weathertight closing of all openings in the
weather part thereof, and below which all openings
in the sides of the ship are fitted with permanent
means of watertight closing: in a ship having a
stepped upper deck, the lowest line of the exposed
deck and the continuation of that line parallel to
the upper part of the deck is taken as the upper
deck; and

(ii) "weathertight" means that in any sea conditions
water will not penetrate the ship;

"moulded draught" means ⎯

(a) for ships assigned load lines in accordance with the Load
Line Rules, the draught corresponding to the Summer
Load Line (other than timber load lines);

(b) for passenger ships, the draught corresponding to the
deepest subdivision load line assigned in accordance
with the UK Merchant Shipping (Passenger Ship
Construction: Ships of Classes I, II and IIA) Regulations
1998;

(c) for ships to which no load line has been assigned but the
draught of which is restricted by the Minister, the
maximum permitted draught; and

(d) for other ships, 75 per cent of the moulded depth
amidships;

"non-Bermuda ship" means a ship which is not a Bermuda ship
within the meaning of section 93(4) of the Act;

"oil tanker" means a ship constructed or adapted to carry oil in
bulk in its cargo spaces and includes combination carriers,
any NLS tanker as defined in Annex II of the MARPOL
Convention and any gas carrier as defined in regulation 3.20
of Chapter II-1 of SOLAS 74 (as amended) when carrying a
cargo or part cargo of oil in bulk;

and for the purposes of this definition "combination carrier"
means a ship designed to carry either oil or solid cargoes in bulk;

MERCHANT SHIPPING (TONNAGE) REGULATIONS 2008


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"passenger" means any person carried in a ship except ⎯

(a) a person employed or engaged in any capacity on board
the ship on the business of the ship;

(b) a person on board the ship either in pursuance of the
obligation laid upon the master to carry shipwrecked,
distressed or other persons or by reason of any
circumstances that neither the master nor the owner nor
the charterer (if any) could have prevented;

(c) a child under one year of age;

"pleasure vessel" means ⎯

(a) a vessel which at the time it is being used is ⎯

(i) in the case of a vessel wholly owned by an
individual or individuals, used only for the sport or
pleasure of the owner or immediate family or
friends of the owner; or in the case of a vessel
owned by a body corporate, used only for sport or
pleasure and on which the passengers are
employees or officers of the body corporate, or their
immediate family or friends; and

(ii) on a voyage or excursion which is one for which the
owner does not receive money for or in connection
with operating the vessel or carrying any person,
other than as a contribution to the direct expenses
of the operation of the vessel incurred during the
voyage or excursion;

and no other payments are made by or on behalf of
users of the vessels other than by the owner; or

(b) any vessel wholly owned by or on behalf of a members'
club formed for the purpose of sport or pleasure which,
at the time it is being used, is used only for the sport or
pleasure of members of that club or their immediate
family; and for the use of which any charges levied are
paid into club funds and applied for the general use of
the club; and no other payments are made by or on
behalf of users of the vessel, other than by the owner;

and, for the purposes of this definition, "immediate family"
means in relation to an individual, the husband or wife of the
individual and a relative of the individual or the individual's
husband or wife, and "relative" means brother, sister,
ancestor or lineal descendant;

"similar stage of construction" means the stage at which ⎯

(a) construction identifiable with a specific ship begins; and

MERCHANT SHIPPING (TONNAGE) REGULATIONS 2008


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(b) assembly of that ship has commenced comprising at
least 50 tonnes or one per cent of the estimated mass of
all structural material whichever is less;

"surveyor" means a surveyor appointed by the Certifying
Authority.

PART II

APPLICATION, ASCERTAINMENT OF TONNAGE AND CERTIFICATION
FOR BERMUDA SHIPS OF 24 METRES IN LENGTH AND OVER

Application
3 This Part applies to ships, being ships of 24 metres in length or
over, registered or to be registered in Bermuda under Part IV of the Act
and for which the ascertainment of tonnage is required under
Regulations made under section 33 of the Act.

Method of measurement
4 (1) A ship shall be measured by a surveyor.

(2) The gross and net tonnages shall be determined in
accordance with sections 6 and 7 provided that in the case of novel types
of craft with constructional features which render the application of
these sections unreasonable or impracticable, the gross and net
tonnages shall be determined as required by the Minister.

(3) All measurements used in the calculations of volumes shall
be taken and expressed in metres to the nearest one hundredth of a
metre.

(4) Gross and net tonnages shall be expressed as whole
numbers, decimals being rounded off downwards.

Calculation of volumes
5 (1) All volumes included in the calculation of gross and net
tonnages shall be measured, irrespective of the fitting of insulation or the
like, to the inner side of the shell or structural boundary plating in ships
constructed of metal, and to the outer surface of the shell or to the inner
side of the structural boundary surfaces in ships constructed of any
other material.

(2) Volumes of appendages shall be included in the total
volume.

(3) Volumes of spaces open to the sea shall be excluded from
the total volume.

(4) The method and accuracy of the calculations shall be
sufficiently detailed to facilitate checking.

MERCHANT SHIPPING (TONNAGE) REGULATIONS 2008

Gross tonnage
6 The gross tonnage (GT) of a ship shall be determined by the
following formula ⎯

GT= K1V

where—

V = total volume of all enclosed spaces of the ship in cubic
metres; and

K1 = 0.2 + 0.02 log10 V, as specified in Schedule 2.

Net tonnage
7 The net tonnage (NT) of a ship shall be determined by the
following formula ⎯







⎛ ++⎟






⎛=

103
4 2

13

2

2
NNK

D
dVKNT c

where ⎯

Vc = total volume of cargo spaces in cubic metres;

K2 = 0.2 + 0.02 log10 Vc , as specified in Schedule 2;

K3 = 1.25 [GT + 10,000]
10,000

GT = gross tonnage calculated in accordance with section 6;

D = moulded depth amidships in metres;

d = moulded draught amidships in metres;

N1 = number of berths for passengers in cabins with not more
than 8 berths; and

N2 = number of other passengers who may be accommodated on
the ship;

provided that —

(a) the factor ⎯

2

3
4








D
d

shall not be taken as greater than unity;



(b) the term ⎯


9



MERCHANT SHIPPING (TONNAGE) REGULATIONS 2008

2

2 3
4








D
dVK c shall not be taken as less than 0.25 GT;

(c) N1 and N2 shall be taken as zero when N1 + N2 is less
than 13; and

(d) NT shall not be taken as less than 0.30 GT.

Segregated ballast oil tankers
8 (1) Where segregated ballast tanks complying with Regulation
18 of Annex 1 of the International Convention for the Prevention of
Pollution from Ships 1973, as modified by the Protocol of 1978 relating to
that Convention, are provided in oil tankers, an entry may be made on
the International Tonnage Certificate (1969) indicating the total tonnage
of these tanks.

(2) The tonnage of such segregated ballast shall be calculated
according to the following formula ⎯

K1 x Vb

where ⎯

K1 = 0.2 + 0.02 log10 V, as specified in Schedule 2;

V = the total volume of all enclosed spaces of the ship in
cubic metres; and

Vb = the total volume of segregated ballast tanks in cubic
metres measured in accordance with section 5.

Issue of certificates
9 If it is in order to do so, the Certifying Authority shall issue to
the owner, an International Tonnage Certificate (1969) in the form set
out in the Convention certifying the tonnages of the ship and containing
the particulars to be shown thereon.

Cancellation of certificates
10 (1) Where alterations are made in the arrangement, construction,
capacity, use of spaces, total number of passengers the ship is permitted
to carry under the terms of the ship's passenger certificate, assigned load
line, or permitted draught of the ship such as would cause an increase in
the gross or net tonnage, the existing International Tonnage Certificate
(1969) shall cease to be valid and shall be delivered up to and cancelled
by the Certifying Authority.

(2) When a ship is transferred from the Bermuda Register the
International Tonnage Certificate (1969) shall cease to be valid except
when the transfer is to the Administration of a state which is a
Contracting Government, in which case the certificate may remain in


10



MERCHANT SHIPPING (TONNAGE) REGULATIONS 2008


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force for a period not exceeding 3 months or until the new
Administration issues another International Tonnage Certificate (1969),
whichever is the earlier.

(3) The Certifying Authority shall transmit to the
Administration of that Government as soon as possible after the transfer
has taken place a copy of the certificate carried by the ship at the time of
transfer and a copy of the relevant tonnage calculations.

Change of net tonnage necessitating issue of certificate
11 (1) When alterations in the values of V, Vc, d, N1 or N2 as
defined in sections 6 and 7 result in an increase in the net tonnage a
new International Tonnage Certificate (1969) incorporating the increased
net tonnage shall be issued.

(2) In the case of a passenger ship assigned subdivision load
lines in accordance with the UK Merchant Shipping (Passenger Ship
Construction: Ships of Classes I, II and IIA) Regulations 1998 and load
lines in accordance with the Load Line Rules only one net tonnage shall
be applied: where the draught corresponding to the Summer load line
differs from that corresponding to the deepest subdivision load line the
net tonnage shall, subject to subsection (3), be that determined in
accordance with section 7 by applying the draught corresponding to the
appropriate assigned load line for the trade in which the ship is engaged.

(3) Subject to subsection (4), where alterations in the values of
V, Vc, d, N1 or N2, as defined in sections 6 and 7, or changes in the
position of the load lines result in a decrease in the net tonnage, a new
International Tonnage Certificate (1969) incorporating the decreased net
tonnage shall not be issued until 12 months have elapsed from the date
on which the current certificate was issued.

(4) A new International Tonnage Certificate (1969) may be
issued forthwith when ⎯

(a) a ship which was registered outside Bermuda is re-
registered in Bermuda;

(b) a ship undergoes alterations or modifications of a major
character such as the removal of a superstructure,
which requires an alteration of the assigned load line; or

(c) the ship is a passenger ship employed in special trades
for carriage of large numbers of special trade
passengers, such as the pilgrim trade.

Use of gross tonnage ascertained under previous regulations
12 (1) In the case of a ship ⎯

(a) which is a ship the keel of which was laid or which was
at a similar stage of construction before 18th July 1982;

MERCHANT SHIPPING (TONNAGE) REGULATIONS 2008


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(b) which is a ship the keel of which was laid or which was
at a similar stage of construction not later than 31st
December 1985, not being a ship referred to in
paragraph (a); or

(c) which is a cargo ship of less than 1600 tons gross
tonnage when ascertained in accordance with Schedule
5 and Appendices 1 to 4 thereto of the UK Merchant
Shipping (Tonnage) Regulations 1982, the keel of which
was laid or which was at a similar stage of construction
before 18th July 1994, not being a ship referred to in
paragraph (a),

the Minister may permit the continuing use of a gross tonnage
additionally ascertained in accordance with Schedule 5 and Appendices
1 to 4 thereto of the UK Merchant Shipping (Tonnage) Regulations 1982
for the purpose of the application of regulations implementing the
International Convention for the Safety of Life at Sea 1974, the Protocol
of 1978 relating to that Convention, the International Convention for the
Prevention of Pollution from Ships, 1973, the Protocol of 1978 relating to
that Convention and the International Convention on Standards of
Training, Certification and Watchkeeping of Seafarers, 1978, as amended
on 7th July 1995.

(2) An International Tonnage Certificate (1969) may be
annotated, under "Remarks", by the Certifying Authority ⎯

(a) in the case of ship to which subsection (1)(a) refers, with
the duly completed and signed entry ⎯

"The ship is remeasured according to article 3(2)(d) of
the 1969 Tonnage Convention.

The GROSS TONNAGE according to the measurement
system previously in force to the measurement system of
the International Convention on Tonnage Measurement
of Ships, 1969, is: ............................ RT, according to
the regulations ................................"; and

(b) in the case of a ship to which subsection (1)(b) or (c)
refers, with the duly completed and signed entry ⎯

"The ship is additionally measured according to
resolution A. 494(XII).

The GROSS TONNAGE according to the measurement
system previously in force to the measurement system of
the International Convention on Tonnage Measurement
of Ships, 1969, is: ............................... RT, according to
the regulations .....................................".

(3) Where such an entry has been made on an International
Tonnage Certificate (1969) and the ship undergoes alterations or

MERCHANT SHIPPING (TONNAGE) REGULATIONS 2008


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modifications which affect its tonnage the old tonnage referred to in
subsection (1) shall be deleted.

(4) Where a gross tonnage has been ascertained and is to be
used in accordance with subsection (1), then any certificate issued for
the purposes of the conventions and protocols referred to shall record
only that gross tonnage together with an appropriate footnote ⎯

"The above gross tonnage has been determined by a
Certifying Authority (a tonnage authority) of Bermuda in
accordance with the national tonnage rules which were in
force prior to the coming into force of the International
Convention on Tonnage Measurement of Ships, 1969."; or

“See REMARKS column of the valid International Tonnage
Certificate (1969)".

PART III

APPLICATION, ASCERTAINMENT OF TONNAGE AND CERTIFICATION
FOR BERMUDA SHIPS OF LESS THAN 24 METRES IN LENGTH, OTHER

THAN FISHING VESSELS

Application
13 This Part shall apply to ships, being ships of less than 24 metres
in length, and not being fishing vessels, registered or to be registered
under Part IV of the Act and for which the ascertainment of tonnage is
required under Regulations made under section 33 of the Act.

Measurement and certification
14 (1) A ship shall be measured by a surveyor or by a measurer
appointed by an organisation authorised by the Minister.

(2) The tonnage of a ship shall be the sum of ⎯

(a) the product of multiplying together its length overall,
extreme breadth over the outside hull and depth in
metres and multiplying the resultant figure by 0.16; and

(b) the tonnage of any break or breaks, calculated for each
break by multiplying together its mean length, mean
breadth and mean height in metres and multiplying the
resultant figure by 0.35.

(3) For the purpose of this Part ⎯

(a) the breadth of a ship shall be its extreme breadth over
the outside plating, planking or hull, no account being
taken of rubbers or fenders even if they are moulded so
as to be integral with the hull;

MERCHANT SHIPPING (TONNAGE) REGULATIONS 2008


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(b) the depth of a ship shall be measured vertically at the
midpoint of the length overall;

(c) the upper terminal point for depth shall be ⎯

(i) in the case of a decked ship, the underside of
the deck on the middle line or, if there is no
deck on the middle line at the point of
measurement, the underside of the deck at the
side of the ship plus the full deck camber; and

(ii) in the case of an open ship, the top of the upper
strake or gunwale;

(d) the lower terminal point of depth shall be ⎯

(i) in the case of a wooden ship, the upper side of
the plank at the side of the keel or hog;

(ii) in the case of a metal ship, the top of the plating
at the side of the keel; and

(iii) in the case of a glass reinforced plastic ship, the
inside of the hull;

(e) in the case of a glass reinforced plastic ship where no
keel member is fitted and the keel is of open trough
construction, the lower terminal point for depth shall be
the top of the keel filling, if fitted, or the level at which
the inside breadth of the trough is 10 centimetres,
whichever gives the greater depth;

(f) where a break exists in the way of the point of
measurement for depth, the height of the break shall not
be included in the measurement of depth.

(4) The tonnage determined in accordance with subsection (2)
shall be the gross tonnage and net tonnage.

(5) In the case of a multi-hull ship the tonnage of each hull
shall be measured separately and the sum of such tonnages shall be
used in computing the tonnage referred to in subsection (2).

(6) All measurements used in the calculations of volumes shall
be taken and expressed in metres to the nearest one hundredth of a
metre.

(7) Tonnage shall be expressed to two decimal places, the
second decimal place being increased by one if the third decimal place is
5 or more.

(8) On completion of the measurement the surveyor or
measurer, as the case may be, shall forward to the Minister a Certificate
of Measurement in a form approved by the Minister.

MERCHANT SHIPPING (TONNAGE) REGULATIONS 2008


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(9) Where alterations are made in the arrangement,
construction, capacity, use of spaces, total number of passengers the
ship is permitted to carry under the terms of the ship's passenger
certificate, assigned load line, or permitted draught of the ship such as
would cause an increase in the tonnage, the existing measurement shall
cease to be valid, any certificate shall be delivered up to and cancelled by
the issuer and the owner of the ship shall make an application for it to
be remeasured in accordance with subsection (1).

(10) Notwithstanding subsection (2) nothing in this Part shall be
taken to require any ship the tonnage of which was validly determined
under the law in force immediately before the coming into force of these
Regulations to have its tonnage re-determined.

PART IV

NON-BERMUDA SHIPS

Ascertainment of tonnage and certification
15 (1) The Minister may, at the request of the Administration of a
Contracting Government, ascertain the gross and net tonnages of a non-
Bermuda ship in accordance with Part II and issue to the owner an
International Tonnage Certificate (1969): in such cases the certificate
shall be endorsed to the effect that it has been issued at the request of
the Government of the state whose flag the ship is or will be flying, and a
copy of the certificate and the calculations of the tonnages shall be
transmitted to the requesting Government as soon as possible.

(2) The Certifying Authority may, at the request of an owner of
a non-Bermuda ship flying the flag of a State whose Government is not a
Contracting Government, ascertain the gross and net tonnages of the
ship in accordance with Part II and issue a Certificate of British Tonnage
measurement: in such a case the certificate shall bear the endorsement
"for use only whilst within Bermuda waters".

PART V

MISCELLANEOUS

Penalties
16 Any owner or master who fails without reasonable cause to
deliver up a certificate for cancellation as required by sections 10(1) or
14(9) commits an offence punishable on summary conviction by a fine
not exceeding $1,000.

Revocation
17 The UK Merchant Shipping (Tonnage) Regulations 1982 No. 841
are revoked.

MERCHANT SHIPPING (TONNAGE) REGULATIONS 2008

SCHEDULE 1
(Section 2)

EXCLUDED SPACES AS DEFINED IN SECTION 2

In the following figures:

O = excluded space;

C = enclosed space;

I = space to be considered as an enclosed space. (Hatched-in parts to be
included as enclosed spaces;

B = breadth of the deck in way of the opening. (In ships with rounded
gunwales the breadth is measured as indicated in Figure 11).






16



MERCHANT SHIPPING (TONNAGE) REGULATIONS 2008











17



MERCHANT SHIPPING (TONNAGE) REGULATIONS 2008


















SCHEDULE 2
(Sections 6, 7 and 8)


18



MERCHANT SHIPPING (TONNAGE) REGULATIONS 2008


19



COEFFICIENTS K1 AND K2 REFERRED TO IN SECTIONS 6, 7 AND 8

V or Vc = Volume in cubic metres;

Coefficients K1 or K2 at intermediate values of V or Vc shall be obtained
by linear interpolation



V or Vc K1 or K2 V or Vc K1 or K2 V or Vc K1 or K2 V or Vc K1 or K2

10 0.2200 45 000 0.2931 330 000 0.3104 670 000 0.3165

20 0.2260 50 000 0.2940 340 000 0.3106 680 000 0.3166

30 0.2295 55 000 0.2948 350 000 0.3109 690 000 0.3168

40 0.2320 60 000 0.2956 360 000 0.3111 700 000 0.3169

50 0.2340 65 000 0.2963 370 000 03.114 710 000 0.3170

60 0.2356 70 000 0.2969 380 000 0.3116 720 000 0.3171

70 0.2369 75 000 0.2975 390 000 0.3118 730 000 0.3173

80 0.2381 80 000 0.2981 400 000 0.3120 740 000 0.3174

90 0.2391 85 000 0.2986 410 000 0.3123 750 000 0.3175

100 0.2400 90 000 0.2991 420 000 0.3125 760 000 0.3176

200 0.2460 95 000 0.2996 430 000 0.3127 770 000 0.3177

300 0.2495 100
000

0.3000 440 000 0.3129 780 000 0.3178

400 0.2520 110
000

0.3008 450 000 0.3131 790 000 0.3180

500 0.2540 120
000

0.3016 460 000 0.3133 800 000 0.3181

600 0.2556 130
000

0.3023 470 000 0.3134 810 000 0.3182

700 0.2569 140
000

0.3029 480 000 0.3136 820 000 0.3183

800 0.2581 150
000

0.3035 490 000 0.3138 830 000 0.3184

900 0.2591 160
000

0.3041 500 000 0.3140 840 000 0.3185

1 000 0.2600 170
000

0.3046 510 000 0.3142 850 000 0.3186

2 000 0.2660 180
000

0.3051 520 000 0.3143 860 000 0.3187

3 000 0.2695 190
000

0.3056 530 000 0.3145 870 000 0.3188

MERCHANT SHIPPING (TONNAGE) REGULATIONS 2008


20





4 000 0.2720 200
000

0.3060 540 000 0.3146 880 000 0.3189

5 000 0.2740 210
000

0.3064 550 000 0.3148 890 000 0.3190

6 000 0.2756 220
000

0.3068 560 000 0.3150 900 000 0.3191

7 000 0.2769 230
000

0.3072 570 000 0.3151 910 000 0.3192

8 000 0.2781 240
000

0.3076 580 000 0.3153 920 000 0.3193

9 000 0.2791 250
000

0.3080 590 000 0.3154 930 000 0.3194

10 000 0.2800 260
000

0.3083 600 000 0.3156 940 000 0.3195

15 000 0.2835 270
000

0.3086 610 000 0.3157 950 000 0.3196

20 000 0.2860 280
000

0.3089 620 000 0.3158 960 000 0.3196

25 000 0.2880 290
000

0.3092 630 000 0.3160 970 000 0.3197

30 000 0.2895 300
000

0.3095 640 000 0.3161 980 000 0.3198

35 000 0.2909 310
000

0.3098 650 000 0.3163 990 000 0.3199

40 000 0.2920 320
000

0.3101 660 000 0.3164 1 000 000 0.3200








Made this 5th day of December, 2008







Premier