Merchant Shipping (Safety of Navigation) Regulations 2010
FA E R
N
AT F
TQUO U
BERMUDA
MERCHANT SHIPPING (SAFETY OF NAVIGATION) REGULATIONS 2010
BR 75 / 2010
TABLE OF CONTENTS
Citation
Interpretation
Application
Safety of navigation requirements
Supplementary provisions on safety of navigation requirements
Exemptions and permission for equivalents
Restrictions on the granting of exemptions
Approvals
Detention
Offences and penalties
Revocations and amendments
The Minister responsible for Maritime Administration, after consulting the persons
referred to in section 94(3) of the Merchant Shipping Act 2002 and in exercise of the powers
conferred by sections 87, 93 and 96 of that Act, makes the following Regulations:
Citation
These Regulations may be cited as the Merchant Shipping (Safety of Navigation)
Regulations 2010.
Interpretation
In these Regulations —
“Act” means the Merchant Shipping Act 2002;
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5
6
7
8
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2 (1)
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MERCHANT SHIPPING (SAFETY OF NAVIGATION) REGULATIONS 2010
“Chapter V” means Chapter V of the Annex to the SOLAS Convention;
“contracting Government” means the Government of a State which has consented
to be bound by the SOLAS Convention;
“IMO” means the International Maritime Organization;
“international voyage” means a voyage from a country to which the SOLAS
Convention applies, to a port outside that country, or conversely;
“length” in relation to a registered ship means registered length, and in relation to
an unregistered ship means the length from the fore part of the stem to the aft
side of the head of the stern post or if no stern post, is fitted to take the rudder,
to the fore side of the rudder stock, at the point where the rudder passes out
of the hull;
“LRIT” means the long-range identification and tracking system for the global
identification and tracking of ships;
“passenger ship” means a ship carrying more than 12 passengers, and for the
purposes of this definition a passenger is every person other than —
the master and the members of the crew or other persons employed or
engaged in any capacity on board a ship or on the business of that ship;
a child under one year of age; and
persons who are on board the ship by reason of force majeure or in
consequence of the obligation laid upon the master to carry shipwrecked
or other persons;
“pleasure vessel” means —
a vessel which at the time it is being used is—
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
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 vessel other
than by the owner; or
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
(a)
(b)
(c)
(a)
(i)
(ii)
(b)
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MERCHANT SHIPPING (SAFETY OF NAVIGATION) REGULATIONS 2010
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;
“sea-going” means going beyond the territorial limits of the waters of Bermuda;
“SOLAS Convention” means the International Convention for the Safety of Life at
Sea, 1974 as amended in accordance with its Protocol of 1988 and the
resolutions of the Maritime Safety Committee of the IMO;
“tons” means gross tonnage and a reference to tons —
in relation to a ship having alternative gross tonnages, permitted to be used
pursuant to section 12(1) of the Merchant Shipping (Tonnage) Regulations
2008, is a reference to the larger of those tonnages; and
in relation to a ship having its tonnage determined both under Part II and
section 12(1) of those Regulations is a reference to its gross tonnage as
determined under section 12(1).
A rigidly constructed composite unit of a pushing vessel and associated pushed
vessel, when designed as a dedicated and integrated tug and barge combination, shall be
regarded as a single ship for the purposes of these Regulations.
Where, by virtue of these Regulations, a regulation in Chapter V applies to a
hovercraft, a reference to a "ship" or "master" in that regulation in Chapter V shall be
construed as including a reference to a "hovercraft" or "captain" respectively.
Application
Subject to this regulation and to each regulation in Chapter V, these
Regulations apply to all Bermuda ships wherever they may be and to all other ships while
they are within Bermuda waters.
These Regulations do not apply to —
warships or naval auxiliaries;
ships, other than Bermuda ships, which are owned or operated by a
contracting Government and used only on Government non-commercial
service; or
ships navigating solely the Great Lakes of North America and their
connecting and tributary waters as far east as the lower exit of the St.
Lambert Lock at Montreal in the Province of Quebec, Canada.
The requirement in regulation 5, so far as it relates to regulation 19.2.4 of
Chapter V, shall apply to ships which are owned or operated by a contracting Government
and used solely on Government non-commercial service.
(a)
(b)
(2)
(3)
3 (1)
(2)
(a)
(b)
(c)
(3)
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MERCHANT SHIPPING (SAFETY OF NAVIGATION) REGULATIONS 2010
In their operation in relation to systems and equipment regulated by
regulations 19 and 20 in Chapter V, paragraphs 1 to 3 and 7 and 8 of Regulation 18 in
Chapter V do not apply in relation to ships below 150 tons engaged on any voyage.
Regulation 19 in Chapter V does not apply to —
Bermuda ships registered under the Marine Board (Island Boats)
Regulations 1965;
Bermuda ships which are neither passenger ships nor sea-going;
fishing vessels; or
high-speed craft to which the Merchant Shipping (High-Speed Craft)
Regulations 2010 apply.
Paragraphs 2.1.1 to 2.1.6 and 2.1.8 and 2.1.9 of regulation 19 in Chapter V,
and regulations 24 to 28 in Chapter V, do not apply to pleasure vessels below 150 tons
engaged on any voyage.
Regulation 19-1 and paragraph 2.4 of regulation 19 in Chapter V does not apply
to Bermuda passenger ships which —
are not sea-going; or
are below 300 tons and not engaged on international voyages.
Regulation 23 in Chapter V does not apply to —
ships below 150 tons engaged on any voyage;
ships below 500 tons not engaged on international voyages; or
fishing vessels,
unless they are engaged on a voyage during the course of which a pilot is likely to be
employed.
Regulations 24 to 26 in Chapter V do not apply to ships other than sea-going
ships.
Safety of navigation requirements
Subject to paragraphs (3) and (4), a ship to which these Regulations apply shall
comply with such of the requirements referred to in paragraph (2) as apply in relation to a
ship of its description.
The requirements are those referred to in the following regulations or
paragraphs of regulations in Chapter V —
paragraph 3 of regulation 7;
paragraph 7 of regulation 10;
paragraph 7 of regulation 11;
paragraphs 2 and 3 of regulation 17;
(4)
(5)
(a)
(b)
(c)
(d)
(6)
(7)
(a)
(b)
(8)
(a)
(b)
(c)
(9)
4 (1)
(2)
(a)
(b)
(c)
(d)
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MERCHANT SHIPPING (SAFETY OF NAVIGATION) REGULATIONS 2010
paragraphs 1 to 3 and 7 and 8 of regulation 18;
regulation 19 and 19-1;
paragraphs 1 and 2 of regulation 20;
regulations 21 to 30;
paragraphs 1 and 4 of regulation 31;
paragraphs 1, 2, 4 and 5 of regulation 32;
paragraphs 1 and 2 of regulation 33; and
regulation 34.
A ship to which these Regulations apply shall alternatively or additionally (as
the case may be) comply with such of the requirements referred to in paragraph (4) as apply
in relation to a ship of its description.
The requirements referred to in paragraph (3) shall —
relate to amendments from time to time of regulations in Chapter V;
relate to all or any of the purposes set out in section 93(1) of the Act.
Where a requirement referred to in paragraph (2) or (3) is set out in a provision
to which there is a footnote, and it is clear from the wording and the context that the content
of the footnote, or of a document referred to in the footnote, is intended to form part of the
requirement, then such content shall be treated as part of the requirement; and for these
purposes a "footnote" is a note marked with an asterisk in the text of Chapter V.
Nothing in regulations 24 to 26 in Chapter V relating to the use of an automatic
pilot shall override special rules made by an appropriate authority for roadsteads, harbours,
rivers, lakes or inland waterways connected with the high seas and navigable by sea-going
ships; and for these purposes an "appropriate authority" means any person empowered by
law to make the special rules.
Supplementary provisions on safety of navigation requirements
Schedule 1 (supplementary provisions) shall have effect.
Exemptions and permission for equivalents
The provisions of this section are subject to regulation 7.
The Minister may grant exemptions from all or any of the provisions set out in
regulations 17 to 19 (except paragraph 2.1.7 of regulation 19), 20, 22 and 24 to 28 in
Chapter V for ships without mechanical means of propulsion on such terms (if any) as he
may specify.
In the circumstances set out in paragraph (4) the Minister may in each case —
grant exemptions from all or any of these sections (as may be specified in
the exemption) on such terms (if any) as he may specify; or
(e)
(f)
(g)
(h)
(i)
(j)
(k)
(l)
(3)
(4)
(a)
(b)
(5)
(6)
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6 (1)
(2)
(3)
(a)
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MERCHANT SHIPPING (SAFETY OF NAVIGATION) REGULATIONS 2010
permit any fitting, material, appliance or apparatus, or type thereof, to be
fitted or carried in a ship, or permit other provisions to be made in the ship,
in the place of any particular fitting, material, appliance or apparatus, or
type thereof, or provision, which is required under these Regulations, if he
is satisfied by trial or otherwise that it is at least as effective for the purpose
for which the requirement in the Regulations is set.
The circumstances referred to in paragraph (3) are that the Minister is satisfied
that the ship is engaged on a voyage where the maximum distance of the ship from the
shore, the length and nature of the voyage, the absence of general navigational hazards,
and other conditions affecting safety are such as to render the full application of Chapter
V unreasonable or unnecessary, and he has taken into account the effect such an
exemption or permission may have upon the safety of other ships.
The Minister may grant exemptions for classes of ships or individual ships from
the requirements of regulation 18, 19 or 20 in Chapter V, on such terms (if any) as he may
specify.
The Minister may grant exemptions from the requirements of regulation 22 in
Chapter V for ships of unconventional design, on such terms (if any) as he may specify.
The Minister may, on such terms (if any) as he may specify, grant exemptions
from the requirements of paragraphs 1 and 2 of regulation 26 in Chapter V for ships which
regularly engage on voyages of less than 24 hours duration and on which the checks and
tests required by those paragraphs are carried out at least once every week.
The Minister may, on giving reasonable notice, alter or cancel any exemption
granted under this section or any permission given under paragraph (3)(b).
An exemption granted under this regulation, permission given under
paragraph (3)(b) and an alteration or cancellation under paragraph (8), shall —
be in writing;
specify the date on which it takes effect; and
in the case of an exemption, the terms (if any) on which it is given.
Restrictions on the granting of exemptions
The Minister shall not grant an exemption under regulation 6 unless he is satisfied
that —
compliance with such provision is either impracticable or unreasonable for
the class of ship or individual ship concerned; and
the exemption is subject to such conditions and limitations as will provide
a level of safety which is at least equivalent to that provided by the provision
or provisions from which exemption is being granted.
Approvals
Where a regulation in Chapter V refers to anything requiring —
(b)
(4)
(5)
(6)
(7)
(8)
(9)
(a)
(b)
(c)
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(a)
(b)
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MERCHANT SHIPPING (SAFETY OF NAVIGATION) REGULATIONS 2010
the approval of the Department of Maritime Administration;
to be done to the satisfaction of the Department of Maritime
Administration; or
to be acceptable to the Department of Maritime Administration,
the Minister, or a person authorised by him, may grant an approval for that thing in respect
of a Bermuda ship in accordance with Chapter V.
The Minister, or a person authorised by him, may on giving reasonable notice
cancel or alter the terms of any approval given under this regulation by the Minister or the
authorised person, respectively.
An approval given under paragraph (1) and an alteration or cancellation under
paragraph (2) shall —
be in writing;
specify the date on which it takes effect; and
in the case of an approval, the conditions (if any) on which it is given.
Detention
In any case where a ship does not comply with the requirements of these
Regulations, the ship shall be liable to be detained and section 242(1) to (8) of the Act (which
relates to the detention of a ship) shall have effect in relation to that ship, as if for the words
"this Act", wherever they appear, there were substituted the words "the Merchant Shipping
(Safety of Navigation) Regulations 2010".
Offences and penalties
Schedule 2 (offences and penalties) shall have effect.
Revocations and amendments
Schedule 3 (Consequential revocations and amendments) shall have effect.
(a)
(b)
(c)
(2)
(3)
(a)
(b)
(c)
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SCHEDULE 1
(Regulation 5)
SUPPLEMENTARY PROVISIONS ON SAFETY OF NAVIGATION REQUIREMENTS
In this Schedule —
“Admiralty List of Radio Signals” means the publication of that name published by
the United Kingdom National Hydrographer in force at the date of these
Regulations, and any amendment, correction or replacement which relates to
all or any of the purposes set out in section 93(1) of the Act;
“owner” includes any person or organisation, including the manager or bareboat
charterer, who has assumed responsibility for the operation of the ship from
the owner;
“Passenger Ship Safety Certificate” means the certificate of that name issued by the
Department of Maritime Administration, or in the case of a ship which is not a
Bermuda ship, the certificate of that name issued by the Administration of the
ship concerned in accordance with the SOLAS Convention;
“relevant Admiralty publications” means the following publications of the
Admiralty —
Admiralty charts; and
Sailing Directions,
and any amendment, correction or replacement which relates to all or any of
the purposes set out in section 93(1) of the Act;
“search and rescue service” means the search and rescue services responsible for
the initiation and co-ordination of all maritime search and rescue activity
required to provide assistance to persons in distress at sea.
In this Schedule, a reference to a numbered regulation is to the regulation of
that number in Chapter V.
Regulation 7
For the purposes of regulation 7(3) —
"appropriate search and rescue services" means, in relation to a ship, the
search and rescue service responsible for the initiation and co-ordination
of all search and rescue activity for the area of operation of the ship;
the guidelines developed by the IMO are the IMO Guidelines for Preparing
Plans for Co-operation between Search and Rescue Services and Passenger
Ships.
The owner of a ship to which that regulation applies shall prepare the plan
referred to in that regulation, as respects the steps to be taken by those on board the ship
1 (1)
(a)
(b)
(2)
2 (1)
(a)
(b)
(2)
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for co-operating with the appropriate search and rescue services, and shall consult the
appropriate search and rescue services in preparing the plan.
The owner shall submit the plan to those services for approval.
Those services may reject the plan, or approve it with or without modifications.
Where the plan is approved, the approval shall be in writing and shall specify
the date on which it takes effect and the conditions (if any) subject to which it is given.
A ship to which regulation 7(3) applies shall carry on board a plan which has
been so approved.
Regulation 10
For the purposes of regulation 10(7), the "mandatory ships’ routeing system" and
"relevant provisions" with which ships must comply are the routeing system and special
routeing requirements which have been adopted by the IMO in accordance with the
requirements of regulation 10 for mandatory use by ships or certain categories of ships,
and which are set out in the relevant Admiralty publications as "Mandatory Ships’ Routeing
System".
Regulation 11
For the purposes of regulation 11(7) —
"adopted ship reporting system" means any ship reporting system that has
been established by a Government or Governments after it has been
adopted by the IMO as complying with all the requirements of regulation
11 in Chapter V, and which is set out in Volume 6 of the Admiralty List of
Radio Signals and annotated therein as "Mandatory System under SOLAS
Regulation V/11-1" ;
the "appropriate authority" means the authority specified in the adopted
ship reporting system.
In relation to a Bermuda ship, the adopted reporting system with which the
master must comply is any adopted reporting system which applies in relation to his ship.
In relation to a ship which is not a Bermuda ship, the adopted reporting system
with which the master must comply while in Bermuda waters is any Bermuda adopted
reporting system which applies in relation to his ship.
Regulation 19-1
For the purposes of regulation 19-1, the owner of a ship to which that regulation
applies shall ensure that the ship is provided with the equipment to automatically transmit
the long-range identification and tracking information required by the regulation.
Regulation 21
For the purposes of regulation 21, the International Code of Signals which ships
are required to carry is the document published by the IMO as "International Code of
(3)
(4)
(5)
(6)
3
4 (1)
(a)
(b)
(2)
(3)
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MERCHANT SHIPPING (SAFETY OF NAVIGATION) REGULATIONS 2010
Signals" in 1987 and includes any amendment, correction or replacement of that Code
which relates to all or any of the purposes set out in section 93(1) of the Act.
Regulation 23
For the purposes of regulation 23, the owner of a ship to which that regulation
applies shall ensure that —
the ship is provided with the equipment, and has the procedures in place,
which comply with the pilot transfer arrangements in that regulation; and
suitable positions are available on each side of the ship to enable the
master to comply with the requirements in that regulation.
For the purposes of regulation 23, the master of a ship to which that regulation
applies shall ensure that —
all pilot transfer arrangements meet the requirements in that regulation;
all pilot transfer equipment is properly maintained, stowed and regularly
inspected in accordance with that regulation;
the rigging and testing of equipment for pilot transfer, and the procedures
in place for such transfers, comply with that regulation; and
each pilot ladder is used only for the embarkation and disembarkation of
pilots and by officials and other persons authorised by the master on
arrival at or departure from a port.
For the purposes of paragraph 2.2 of regulation 23 —
the master of the ship shall nominate an officer of the ship to be the
responsible officer; and
the responsible officer shall (in addition to the duties expressly allocated
to him by that paragraph) ensure that personnel engaged in rigging and
operating any mechanical equipment are instructed in the safe procedures
to be adopted and that the equipment is tested prior to use.
Regulations 24 to 26
For the purposes of regulations 24 to 26 —
in relation to regulation 24(3), the responsible officer shall be the officer in
charge of the navigational watch or, if there is no such officer, the master;
the details specified in regulation 26(6) shall be recorded in the ship’s
official log book; and
the owner of a ship to which regulation 26 applies shall ensure that the
simple operating instructions and block diagram required by paragraph
3.1 of that regulation are provided.
7 (1)
(a)
(b)
(2)
(a)
(b)
(c)
(d)
(3)
(a)
(b)
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(a)
(b)
(c)
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MERCHANT SHIPPING (SAFETY OF NAVIGATION) REGULATIONS 2010
Regulation 30
For the purposes of regulation 30(2), the list of all limitations on the operation of a
passenger ship, together with any necessary explanations, shall be set out in a document
appended to the ship’s Passenger Ship Safety Certificate.
Regulation 31
For the purposes of regulation 31(1), the competent authorities are the
appropriate National or NAVAREA Coordinators for navigational warnings.
For the purposes of regulation 31(4), the Radio Regulations with which ships
are required to comply are the Radio Regulations annexed to, or regarded as being annexed
to, the International Telecommunication Convention 1992 and includes all amendments
now in force and any amendment or replacement.
Regulation 33
For the purposes of regulation 33(1) —
a "distress alert" means a signal of distress from a ship or information from
any source that a ship or hovercraft is, or persons on or from a ship or
hovercraft are, in distress at sea; and
the search and rescue service which the master must inform (in either
instance referred to) is the search and rescue service for the area within
which the persons in distress at sea are located.
A master of a ship in distress, or the search and rescue services concerned,
may requisition a ship in the circumstances set out in regulation 33(2).
A master shall be released from a duty imposed in regulation 33(1) in the
circumstances set out in regulation 33(3), and from the duty imposed in paragraph 1 or 2
(as the case may be) of that regulation in the circumstances set out in paragraph 4 of that
regulation.
Compliance by a master of a ship with the requirements of regulation 33 shall
not affect his right, or the right of any other person, to salvage.
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10 (1)
(2)
11 (1)
(a)
(b)
(2)
(3)
(4)
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MERCHANT SHIPPING (SAFETY OF NAVIGATION) REGULATIONS 2010
SCHEDULE 2
(Regulation 10)
OFFENCES AND PENALTIES
In this Schedule —
a reference to a numbered regulation is to the regulation of that number
in Chapter V of the Annex to the SOLAS Convention; and
"owner" includes any person or organisation, including the manager or
bareboat charterer, who has assumed responsibility for the operation of
the ship from the owner.
Offences and penalties
If a ship, to which regulation 7(3) applies, proceeds or attempts to proceed on any
voyage or excursion without complying with the requirement to carry on board a plan
approved in accordance with Schedule 1 paragraph 2 of these Regulations, the owner and
the operator of the ship, each commit an offence, punishable on summary conviction by a
fine of $10,000 and on conviction on indictment by imprisonment for a term not exceeding
two years or both such fine and imprisonment.
The owner, the master or any person responsible for the conduct of a ship found
in contravention of regulation 10(7) commits an offence and is punishable on summary
conviction by a fine of $10,000 and on conviction on indictment by imprisonment for a term
not exceeding two years or both such fine and imprisonment.
The master of a ship found in contravention of regulation 11(7) commits an offence
and is punishable on summary conviction by a fine of $10,000 and on conviction on
indictment by imprisonment for a term not exceeding two years or both such fine and
imprisonment.
The owner and the master of a ship found in contravention of regulation 17(2) or
(3) each commits an offence, punishable on summary conviction by a fine of $10,000 and
on conviction on indictment by imprisonment for a term not exceeding two years or both
such fine and imprisonment.
If a ship, to which regulation 19, regulation 19-1 or regulation 20 (1) applies,
proceeds or attempts to proceed on any voyage or excursion without complying with a
requirement in —
regulation 19, regulation 19-1, or regulation 20(1), respectively; or
paragraph 1, 2, 3, 7 or 8 of regulation 18,
the owner and the master each commit an offence, punishable on summary conviction by
a fine of $10,000 and on conviction on indictment by imprisonment for a term not exceeding
two years or both such fine and imprisonment.
1
(a)
(b)
2
3
4
5
6
(a)
(b)
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MERCHANT SHIPPING (SAFETY OF NAVIGATION) REGULATIONS 2010
If a ship, to which regulation 21 applies, proceeds or attempts to proceed on any
voyage or excursion without complying with a requirement in that regulation, the owner
and master each commit an offence punishable on summary conviction by a fine of $5,000.
If a ship, to which paragraph 1 or 2 of regulation 22 applies, proceeds or attempts
to proceed on any voyage or excursion without complying with paragraph 1 or 2 respectively,
the owner and master each commit an offence punishable on summary conviction by a fine
of $10,000.
In relation to a requirement in regulation 23 with which the owner, master or
responsible officer of a ship is, under paragraph 7 of Schedule 1 to these Regulations,
obliged to ensure compliance, any contravention in respect of the ship shall be an offence
by that person punishable on summary conviction by a fine of $10,000 and on conviction
on indictment by imprisonment for a term not exceeding two years or both such fine and
imprisonment.
In relation to paragraph 4 of regulation 24, and paragraphs 1 and 2 of regulation
26, any person who is directed to do so but fails to carry out a check or test required under
any of those paragraphs commits an offence punishable on summary conviction by a fine
of $10,000 and on conviction on indictment by imprisonment for a term not exceeding two
years or both such fine and imprisonment.
In relation to the requirement in paragraph 3.1 of regulation 26 with which the
owner of a ship is, under paragraph 8(c) of Schedule 1 to these Regulations, obliged to
ensure compliance, any contravention in respect of the ship shall be an offence by the
owner, punishable on summary conviction by a fine of $10,000 and on conviction on
indictment by imprisonment for a term not exceeding two years or both such fine and
imprisonment.
A contravention of any other requirement in regulation 24, 25 or 26 in respect of a
ship shall be an offence by the master of the ship, punishable on summary conviction by a
fine of $10,000 and on conviction on indictment by imprisonment for a term not exceeding
two years or both such fine and imprisonment.
If a ship, to which regulation 27 applies, proceeds or attempts to proceed to sea or
on any voyage or excursion without complying with that regulation, the owner and the
master each commit an offence, punishable on summary conviction by a fine of $10,000.
Any contravention of regulation 28 in respect of a ship shall be an offence by the
master of the ship, punishable on summary conviction by a fine of $10,000.
Any contravention of regulation 29 in respect of a ship shall be an offence by the
owner and the master of the ship, punishable on summary conviction by a fine of $5,000.
Any contravention of regulation 30 in respect of a ship shall be an offence by the
owner of the ship, punishable on summary conviction by a fine not exceeding $10,000 and
7
8
9
10
11
12
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14
15
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MERCHANT SHIPPING (SAFETY OF NAVIGATION) REGULATIONS 2010
on conviction on indictment by imprisonment for a term not exceeding two years or both
such fine and imprisonment.
Any contravention of paragraph 1 of regulation 31 in respect of a ship shall be an
offence by the master of the ship, punishable on summary conviction by a fine of $1,000.
Any contravention of paragraph 1 or 2 of regulation 33 in respect of a ship shall be
an offence by the master of the ship, punishable on summary conviction by a fine of $10,000
and on conviction on indictment by imprisonment for a term not exceeding two years or
both such fine and imprisonment.
If a ship, to which paragraphs 1 and 2 of regulation 34 apply, proceeds or attempts
to proceed to sea without complying with a requirement in either of those paragraphs, the
master commits an offence, punishable on summary conviction by a fine of $10,000 and
on conviction on indictment by imprisonment for a term not exceeding two years or both
such fine and imprisonment.
Any contravention of paragraph 3 of regulation 34 in respect of a ship shall be an
offence by the person concerned, punishable on summary conviction by a fine not exceeding
$10,000 and on conviction on indictment by imprisonment for a term not exceeding two
years or both such fine and imprisonment.
Defences
In relation to paragraph 7 of regulation 10 in Chapter V, it shall be a defence to
show that there were compelling reasons not to use a particular mandatory ships’ routeing
system and that such reasons were recorded in the ship’s log-book at the time.
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18
19
20
21
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MERCHANT SHIPPING (SAFETY OF NAVIGATION) REGULATIONS 2010
SCHEDULE 3
(Regulation 11)
CONSEQUENTIAL REVOCATIONS AND AMENDMENTS
In section 2 of the Merchant Shipping (Official Log Books) Regulations 1991 – BR
2/92, the definition of "the Pilot Ladders and Hoists Regulations" and "the Steering Gear
Regulations" shall be omitted.
Regulations 3 to 8 of the UK Merchant Shipping (Distress Messages) Regulations
1998 – SI 1691 shall not apply to Bermuda.
In Schedules 1 and 2 to the UK Merchant Shipping (Vessels in Commercial Use for
Sport or Pleasure) Regulations 1998 – SI 2771, the entries relating to the Merchant Shipping
(Navigational Equipment) Regulations 1993, No. 69 shall not apply to Bermuda.
Regulation 38 of the UK Merchant Shipping (Life-Saving Appliances for Ships Other
Than Ships of Classes III to VI(A)) Regulations 1999, SI 2721 shall not apply to Bermuda.
The Merchant Shipping (Official Log Books) Regulations 1991 – BR 2/1992 are
amended as follows —
in regulation 2, after the definition of "the Repatriation Regulations"
insert —
“ "the Safety of Navigation Regulations" means the Merchant Shipping
(Safety of Navigation) Regulations 2010;”; and
in the Schedule, substitute "regulation 4(2) of the Safety of Navigation
Regulations" —
in paragraph 23, for "regulation 8(6)(d) of the Pilot Ladders and Hoists
Regulations"; and
in paragraph 24, for "regulation 6(6) of the Steering Gear Regulations".
The Merchant Shipping (Carriage of Nautical Publications) Regulations 1980 – BR
11/80 are revoked.
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(ii)
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MERCHANT SHIPPING (SAFETY OF NAVIGATION) REGULATIONS 2010
Made this 14th day of September, 2010
Premier
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