Merchant Shipping (Inspections of Ships and Issue of Maritime Labour Certificates) Regulations 2013
FA E R
N
AT F
TQUO U
BERMUDA
MERCHANT SHIPPING (INSPECTIONS OF SHIPS AND ISSUE OF MARITIME
LABOUR CERTIFICATES) REGULATIONS 2013
BR 121 / 2013
TABLE OF CONTENTS
Citation
Interpretation
Application
Carriage of a Maritime Labour Certificate
Inspections of ships and issue of certificates
Validity of a Maritime Labour Certificate
Format of the Maritime Labour Certificate
Records of inspections
Withdrawal of a Maritime Labour Certificate
Recognised organisations and powers of inspectors
On board complaints procedure
Penalties
Inspection of foreign ships in Bermuda waters
On-shore seafarer complaint-handling procedures
Commencement
SCHEDULE
The Minister responsible for Maritime Administration, in exercise of the power
conferred by section 3, 37A and 57 of the Merchant Shipping Act 2002, makes the following
Regulations:
Citation
These Regulations may be cited as the Merchant Shipping (Inspections of Ships and
Issue of Maritime Labour Certificates) Regulations 2013.
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MERCHANT SHIPPING (INSPECTIONS OF SHIPS AND ISSUE OF MARITIME
LABOUR CERTIFICATES) REGULATIONS 2013
Interpretation
In these Regulations–
“anniversary date” means the day and month of the year corresponding to the date
of expiry of the ship’s Maritime Labour Certificate;
“Bermuda ship” means a ship which is a Bermuda ship within the meaning of
section 2(1) of the Act;
“commercial activity” means any employment of the vessel for which a contract or
charter party is in force and includes the carriage of any cargo or persons for
reward;
“GT” means Gross Tonnage as measured under the International Tonnage
Convention 1969 and as shown on the vessel’s International Tonnage
certificate;
“Maritime Labour Convention” means the Maritime Labour Convention 2006
adopted at a general conference of the International Labour Organization in
Geneva on 7 February 2006;
“Maritime Labour Certificate” means the certificate issued to a ship in accordance
with Article V of the Maritime Labour Convention;
“Minister” means the Minister from time to time responsible for maritime
administration;
“pleasure vessel” means–
A vessel which, at the time that 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 member’s club formed for the
purpose of sport or pleasure which, at the time that 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
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(a)
(i)
(ii)
(b)
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MERCHANT SHIPPING (INSPECTIONS OF SHIPS AND ISSUE OF MARITIME
LABOUR CERTIFICATES) REGULATIONS 2013
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.
“shipowner” means the owner of a ship or another organisation or person such as
the manager, agent or bareboat charterer who has assumed the responsibility
for the operation of the ship from the owner.
Application
These Regulations apply to–
Bermuda ships wherever they may be other than:
fishing vessels;
vessels owned and operated by a Government Department or Agency
for non-commercial purposes;
pleasure vessels; or
vessels of less than 500 GT; and
subject to regulation 11, these regulations apply to ships that are not
Bermuda ships when in a port in Bermuda other than–
fishing vessels;
pleasure vessels;
warships, naval auxiliaries and other ships owned or operated by a
state and not engaged on commercial activity;
in so far as the issue of a Maritime Labour Certificate is concerned these
regulations may, at the request of the shipowner, be applied to other
Bermuda ships for which that shipowner has the responsibility.
Carriage of a Maritime Labour Certificate
Every ship to which these regulations apply shall carry on board–
a valid Maritime Labour Certificate issued by or on behalf of the Minister;
a Declaration of Maritime Labour Compliance issued by or on behalf of the
Minister and attached to the Maritime Labour Certificate; and
a copy of the Maritime Labour Convention including any amendments that
may be made from time to time.
A copy of the ship’s Maritime Labour Certificate, including its attached
Declaration of Maritime Labour Compliance shall be displayed in a conspicuous place on
board and available for inspection by all the seafarers in the ship.
A ship’s Maritime Labour Certificate shall be available for inspection by the
Minister or by any official authorised by him and copies shall be provided where reasonably
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(a)
(i)
(ii)
(iii)
(iv)
(b)
(i)
(ii)
(iii)
(c)
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(a)
(b)
(c)
(2)
(3)
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MERCHANT SHIPPING (INSPECTIONS OF SHIPS AND ISSUE OF MARITIME
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requested by seafarers, Port State Authorities, and shipowner’s and seafarer’s
representatives.
Inspections of ships and issue of certificates
An inspection of a Bermuda ship shall be conducted by an authorised person
and shall examine the following areas–
minimum age of Seafarers;
medical certification;
qualifications of seafarers;
seafarer’s employment agreements;
use of any licensed or certified or regulated private recruitment and
placement service;
hours of work or rest;
manning levels for the ship;
accommodation;
on-board recreational facilities;
food and catering;
health and safety and accident prevention;
on-board medical care;
on-board complaint procedures; and
payment of wages.
A Bermuda ship that has been inspected in accordance with paragraph (1) and
shown to comply with the regulations covering the areas listed in paragraph (1) shall be
issued with a Maritime Labour Certificate.
A vessel that is newly constructed and registered in Bermuda, or which has
changed flag to Bermuda from another flag, or which has come into the management of a
new shipowner may be inspected as far as reasonable and practical in the areas listed in
paragraph (1) and provided that:
there is verification that the shipowner has adequate procedures to comply
with the regulations covering the areas in paragraph (1);
the master is familiar with the Maritime Labour Convention;
relevant information has been submitted to the Minister sufficient to
prepare a Declaration of Maritime Compliance; and
the ship shall be issued with an Interim Maritime Labour Certificate and
an Interim Maritime Labour Certificate need not have attached to it a
Declaration of Maritime Compliance.
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(a)
(b)
(c)
(d)
(e)
(f)
(g)
(h)
(i)
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(k)
(l)
(m)
(n)
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(3)
(a)
(b)
(c)
(d)
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MERCHANT SHIPPING (INSPECTIONS OF SHIPS AND ISSUE OF MARITIME
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A ship that is issued with an Interim Maritime Labour Certificate shall be
subjected to the inspection described in regulation 5(1) before the expiry of the interim
certificate and shall be issued with a Maritime Labour Certificate.
No ship may be issued with a further Interim Maritime Labour certificate
following expiry of the first one.
Validity of a Maritime Labour Certificate
A Maritime Labour Certificate issued after the inspection in regulation 5(1)
shall be valid for not more than 5 years from the date of inspection provided that an
intermediate inspection in accordance with regulation 5(1) shall be carried out between the
second and third anniversary dates.
The intermediate inspection shall be endorsed on the ship’s Maritime Labour
Certificate by the authorised person making the inspection.
On the expiry of a ship’s Maritime Labour Certificate the ship shall be subjected
to an inspection as described in regulation 5(1) before a new Maritime Labour Certificate is
issued.
An Interim Maritime labour Certificate shall have a validity not exceeding 6
months from the date of the inspection in regulation 5(2).
Notwithstanding the requirements of paragraph (1), in a case where the
inspection for the renewal of a ship’s Maritime Labour Certificate has been carried out
during the three months immediately prior to the expiry date of the ship’s Maritime Labour
Certificate, a new Maritime Labour Certificate may be issued with an expiry date which is
five years from the date of expiry of the existing certificate.
A Maritime Labour Certificate shall cease to be valid whenever the–
expiry date has passed and the renewal inspection has not been carried
out;
periodical inspection has not been carried out within the time period
allowed for it;
ship ceases to be registered in Bermuda,
shipowner ceases to be responsible for the ship; or
(e) substantial changes have been made to the seafarers accommodation.
In the case where a Maritime Labour Certificate has ceased to be valid as a
consequence of paragraph 6(e) the Minister shall issue a new certificate on verification that
the ship continues to meet the requirements of the applicable regulations.
Format of the Maritime Labour Certificate
A Maritime Labour Certificate issued to a Bermuda ship shall be in the form
specified by the Minister and in conformity with the model format for such a certificate
contained in the Code to the Maritime Labour Convention.
(4)
(5)
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(2)
(3)
(4)
(5)
(6)
(a)
(b)
(c)
(d)
(e)
(7)
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Every Maritime Labour Certificate, other than an interim Maritime Labour
certificate, shall have attached to it a Declaration of Maritime Labour Compliance which
shall be drawn up in a form specified by the minister and in conformity with the model form
for such a declaration contained in the Code to the maritime labour Convention.
Part 1 to the Declaration of Maritime Labour Compliance shall be drawn up by
the Minister in accordance with the Code to the Maritime Labour Convention and Part 2 to
the declaration shall be completed by the shipowner and certified by the inspector following
the inspection referred to in regulation 5(1).
Records of inspections
Following every periodical inspection or inspection for the renewal of a ship’s
Maritime Labour Certificate the person making the inspection shall prepare a record of the
inspection including a note of any significant deficiencies that are found and the date when
such deficiencies are found to be remedied and this record shall be retained with the ship’s
Maritime Labour Certificate and be available for inspection by the seafarers, by an official
authorised by the minister or by a port state control officer or by the seafarer’s or
shipowner’s representatives.
Withdrawal of a Maritime Labour Certificate
In any case where the Minister has established that a Bermuda ship no longer
complies with the requirements of the Maritime Labour Convention and where the
shipowner has not rectified the deficiencies in a reasonable time, the Minister may withdraw
the ship’s Maritime Labour Certificate and shall not issue a further certificate until such
time as the ship is in compliance with the applicable regulations.
Recognised organisations and powers of inspectors
The Minister, having regard for the requirements in Standard A5.1.2 of the
Maritime Labour Convention, may appoint a recognised organisation to carry out any of the
inspections listed in regulation 5.
Each appointment in accordance with paragraph (1) shall be in writing and
extend for the conduct of one inspection.
Any officer of the Bermuda Maritime Administration and any inspector from a
recognised organisation appointed under sub-paragraph (1) in so far as the ship he is
appointed to inspect shall have the power to–
board a Bermuda ship;
carry out such examinations, tests and inquiries which they consider
necessary to establish that the applicable regulations covering the areas
specified in regulation 5(1) are being complied with; and
require that any deficiency is rectified within a reasonable period of time.
An inspector appointed from a recognised organisation and appointed by the
Minister who establishes that there are efficiencies amounting to a serious breach of the
Maritime Labour Convention or which constitute a danger to the health, safety, or security
(2)
(3)
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(2)
(3)
(a)
(b)
(c)
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MERCHANT SHIPPING (INSPECTIONS OF SHIPS AND ISSUE OF MARITIME
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of the seafarers on the ship shall notify the Minister immediately on finding such
deficiencies.
On board complaints procedure
The shipowner and the master of a ship shall ensure, as required under section
57 of the Act, that there is available to a seafarer on that ship a procedure to lodge a
complaint alleging a breach of the requirements of the Maritime Labour Convention and
that complaint to be resolved fairly, effectively and expeditiously.
The complaints handling procedure established under paragraph (1) shall meet
the standards for on-board complaint procedures as set out in A5.1.5 of the Code, and the
Guideline B5.1.5.
Penalties
If a ship to which these Regulations apply proceeds or attempts to proceed to
sea or on a voyage or excursion without a valid Maritime Labour Certificate and Part I and
Part II of the Declaration of Maritime Compliance or an Interim Labour Certificate as
required under these Regulations, the shipowner and master of the ship commit an offence
and shall be liable on summary conviction to a fine not exceeding $10,000.
If the shipowner or master of a ship to which a Maritime Labour Certificate has
been issued fails to maintain the validity of his certificate and continue to operate the ship
without validating the certificate by conducting the required periodic inspections, they shall
be committing an offence and shall be liable on summary conviction to a fine not exceeding
$5,000.
Any contravention of regulation 5 is an offence by the shipowner and by the
master of the ship and shall be punishable on summary conviction by a fine not exceeding
$5,000.
Inspection of foreign ships in Bermuda waters
Every foreign ship calling in a port in Bermuda in the normal course of business
or for operational reasons may be the subject of inspection under Regulation 5.2.1 of the
Maritime Labour Convention for the purpose of reviewing compliance with the relevant
provisions of the Maritime Labour Convention.
The inspections carried out pursuant to paragraph (1) shall be undertaken by
the authorised officers of the competent authority and shall be based on the port State
inspection and monitoring system operated under the Merchant Shipping (Port State
Control) Regulations 2011, and standard A5.2.1 of the Labour Code, in order to ensure that
the working and living conditions for seafarers on ships calling in Bermuda ports meet the
requirements of the Maritime Labour Convention including seafarers rights.
Where during the inspection, the authorised officer finds clear grounds for
believing that the working and living conditions on the ship do not conform to the
requirements of the Maritime Labour Convention he may undertake a more detailed
inspection as provided in the Code to ascertain the working and living conditions on board.
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(2)
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(3)
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MERCHANT SHIPPING (INSPECTIONS OF SHIPS AND ISSUE OF MARITIME
LABOUR CERTIFICATES) REGULATIONS 2013
Where following the more detailed inspection the ship is found not to conform
to the requirements of the Maritime Labour Convention and–
the conditions on board are hazardous to the safety, health or security of
seafarers; or
the non-conformity constitute a repeated breach of the requirements of the
Maritime Labour Convention (including seafarer’s rights),
the authorised officer shall take steps to ensure that the ship shall not proceed to sea until
the non-conformities identified during the detailed inspection have been rectified.
On implementing the port state control inspection procedures under this
regulation, all possible effort must be taken to avoid a ship being unduly detained or
delayed.
On-shore seafarer complaint-handling procedures
The Department of Maritime Administration shall be the competent authority
in Bermuda for handling complaints by a seafarer in Bermuda ports. There shall be
established a documented procedure for handling seafarer complaints.
The Department of Maritime Administration, on receiving a complaint from a
seafarer on a ship in a port in Bermuda, who alleges a breach of the requirement of the
Maritime Labour Convention or that there are serious deficiencies in the implementation of
measures set out in the maritime declaration of compliance, shall record the complaint and
inform the Mercantile Marine Superintendent promptly.
The Mercantile Marine Superintendent shall cause to undertake an
investigation into the alleged complaint by an Authorised Person in accordance with
Standard A5.2.2 and Guidelines B5.2.2 of the Maritime Labour Code for handling of
complaints by seafarers, in order to facilitate a prompt and practical means of redress.
In the event that the investigation conducted under Standard A5.2.2 and
Guideline B5.2.2 reveals any non-conformity of a serious nature that falls within the scope
of paragraph 6 of Standard A5.2.1 of the labour Code, the provisions of that paragraph shall
be applied.
Any seafarer may lodge with the Department of Maritime Administration a
complaint alleging a breach of the requirements of the Maritime Labour Convention, and
the Department of Maritime Administration shall treat the source of any such complaint as
confidential.
Commencement
These Regulations shall come into operation on the same date on which the
Merchant Shipping (ILO) Amendment Act 2012 comes into operation.
(4)
(a)
(b)
(5)
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(2)
(3)
(4)
(5)
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MERCHANT SHIPPING (INSPECTIONS OF SHIPS AND ISSUE OF MARITIME
LABOUR CERTIFICATES) REGULATIONS 2013
SCHEDULE
(Regulation 4)
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LABOUR CERTIFICATES) REGULATIONS 2013
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LABOUR CERTIFICATES) REGULATIONS 2013
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LABOUR CERTIFICATES) REGULATIONS 2013
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LABOUR CERTIFICATES) REGULATIONS 2013
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MERCHANT SHIPPING (INSPECTIONS OF SHIPS AND ISSUE OF MARITIME
LABOUR CERTIFICATES) REGULATIONS 2013
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MERCHANT SHIPPING (INSPECTIONS OF SHIPS AND ISSUE OF MARITIME
LABOUR CERTIFICATES) REGULATIONS 2013
M
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MERCHANT SHIPPING (INSPECTIONS OF SHIPS AND ISSUE OF MARITIME
LABOUR CERTIFICATES) REGULATIONS 2013
Made this 20th day of December 2013
Minister of Tourism Development and Transport
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