SHIPPING 2.01
THE SHIPPING ACT
REGULATIONS
(under section 15)
THE SHIPPING (LOCAL, TRADE) REGULATIONS, 2003
(Made by the Minister on the 20th day ofMarch, 2003) L.N. 29'~12003
1 . These Regulations nay be cited as the Shipping (Local Trade) citation.
Regulations, 2003.
2. In these Regulations- interpretation
"foreign ship" means a ship that is not a Jamaican ship;
"local trade" means local trade in Jamaican waters;
"local trade in Jamaica waters" means the transport locally of
passengers or goods or the carrying out of any other operation or
activity locally, within Jamaican waters, for the purposes of trade,
profit or reward; and
"local trade certificate" means a local trade certificate issued under
regulation 5.
3. Subject to the provisions of these Regulations, a foreign ship shall Local bade
not engage in local trade unless the ship holds a valid local trade :,$-
certificate.
4. The provisions of Parts IX and X of the Act (which relate respectively Application
to safety and inspection of ships) and any regulations made thereunder, :$:,
shall-
(a ) apply to foreign ships engaged in local trade; and
(b) be additional to any other requirements applicable to the
operation of such ships.
5.-(1) The owners or agent of any foreign ship proposed to be engaged certifrytion
in local trade, shall submit to a registrar- of fmp slups m local
trade.
(a) an application in the form set out in the First Schedule; and ~ i n t
Schedule.
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2.02 THE SHIPPI.\% (LOCAL T W E ) REGVLATIONS, 2003
(b ) the documents and information specified in paragraph (2) in
relation to the ship.
(2) The documents and information referred to in paragraph (1)
are-
(a) Certificate of Registry;
(b ) Tonnage Certificate;
(c) Load Line Certificates;
(d) Safety Certificates;
(e) Proposed Manning Schedule;
u> where the owners are not resident in Jamaica, written evidence of
appointment of a person resident in Jamaica as managing owner
or agent of the ship;
(g) written evidence of financial responsibility against risk of damage
to third parties;
(h) such other information as the Registrar-General may require.
(3) Upon being satisfied that the requirements of paragraph (1) have
been met the Registrar shall forward all the documents to the Surveyor-
General, who shall cause the ship to be surveyed and thereafter forward the
documents and his findings to the Registrar-General.
(4) The Registrar-General shall if satisfied that-
(a) the operation of the ship is in compliance with the requirements
of the law with respect to maritime safety and marine pollution
prevention;
( b ) a Jamaican ship is not available to perform the same functions as
those of the foreign ship,
mid issue upon payment of the appropriate fee specified in the Third Schedule, a
Schedule.
Second
local trade certificate as set out in the Second Schedule in respect of the ship.
Schedule.
( 5 ) A local trade certificate shall, subject to the provisions of these
Regulations, be issued for a duration of three, six, nine or twelve months, as
the case may be.
(6) A local trade certificate may be renewed on one or more
occasions in accordance with the provisions applicable to the original
application and shall take effect from the expiration of the previous
certificate.
(7) An application for renewal shall be made not later than one
month before the expiration of the existing certificate and shall be
accompanied by the appropriate fee specified in the Third Schedule.
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THE SHIPPING (LOCAL TRADE) REGULATIONS, 2003 2.03
(8) The fees specified in the Third Schedule shall be payable in the Third
currency of the United States of America as therein specified or in the Schedde
equivalent in Jamaican currency.
(9) Where an application for the grant or renewal of a certificate
does not meet the requirements of these Regulations and is refused, the
Registrar-General shall, in writing, notify the applicant and state the reasons
therefor.
6.-(1) The Registrar-General may cancel a local trade certifkate in the :;zzE,
following circumstances-
(a) he is satisfied that the continued operation of the ship in local
trade would be detrimental to the interests of Jamaica;
(6) the owner or master of the ship has been convicted of an offence
under the Act or any other enactment relating to the prevention of
marine pollution; or
(c) the shipowner has made a written request therefor.
(2) Where a certificate is cancelled the owner of the ship shall,
forthwith upon being notified thereof, return the c e a c a t e to the Registrar-
General.
7.-(1) The provisions of the Act and any regulations made thereunder M""B
relating to the manning requirements of Jamaican ships shall apply to a
foreign ship engaged in local trade.
(2) Subject to paragraph (3), only Jamaican seafarers shall be
employed as such on a foreign ship engaged in local trade.
(3) Where the owners of a ship prove to the satisfaction of the
Director that there are insufficient Jamaican-certificated seafarers available
for employment on the ship, then such number of other appropriately
qualified and duly certificated seafarers may be employed.
(4) An uncertificated seafarer seeking employment or a prospective
employer thereof, may apply in writing to the Director for an exemption from
the requirements of this regulation, and the Director may grant an exemption
subject to such conditions as he thinks fit and for a period not exceeding
twelve months.
8. The Director may, on written application by the owner of a foreign ship Exem*tiO"".
engaged in local trade, by instrument in writing direct that the ship be exempt
, from any specific requirement of these Regulations if he is satisfied that the
requirements relating to safety, marine pollution and prevention and manning
have been substantially complied with.
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THE SHIPPING (LOCAL TRADE) REGUU TIONS, 2003
FIRST SCHEDULE (Regulation 5 ( I ) )
Application for Local Trade Operation
Regulation 5
MARITIME AUTHORITY OF JAMAICA
LOCAL TRADE CERTIFICATE
Name ofship Ollicial Number IMO Number Call Sign Pan &Country oiRegistry
Third Ollicer
Cook
Other: 1
The vessel described above is hereby nulhorized lo engage in Local Trade subject lo the following conditions:
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THE SHIPPING (LOCAL TRADE) REGULATIONS, 2003
FIRST SCHEDULE, contd. (Regulation 5 (1))
An Application for Local Trade Certification should where applicable, be accompanied
by the following Documents:
Certificate of Registry
Tonnage Certificate
Loadline Certificate
Safety Certificate
Proposed Manning Schedule
Appointment of Authorized Agent
Evidence of Financial Responsibility against third party damage
Applicable Fee
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THE SHIPPING (LOCAL TRADE) REGL'LATIONS, 2003
SECOND SCHEDULE (Regulation 5 (4))
Local Trade Certificate
APPLICATION FOR LOCAL TRADE OPERATlON
Couk h m p Mu,
I hereby apply to cngagc the ship described above, in Lacal Tradc activities in Jamaican Waters in accordancl
with Section I5 (7) of the Shipping Act, IW8 and have dleched hcrclo, Ihe rcquircd supporting documcdat~ol
indicatcd overleaf. To (he bcsl o i m y knowledge, all the information pmvidcd is true.
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THE SHIPPING (LOCAL TRADE) REGULATIONS, 2003
THIRD SCHEDULE (Regulation 5(4), (7)
and (8))
Service Fees
- -
1. Issue of a 12 month Local Trade Certificate-
(a) Vessels 24 metres and below:
Up to 30 ft. (up to 9 metres) US$1,350.00
3 1-40 ft. (9.3-12 metres) US$3,300.00
41-79 A. (12.5-24 metres) US$6,500.00
(b) Vessels over 24 metres:
First 7500 tonnes or under
For each tonne from 7501-15000 tonnes
For each tonne from 15001-25000 tonnes
For each tonne from 25001-35000 tonnes
For each tonne over 35001 tonnes
Notes: 1. Fees for certificates of shorter duration will be prorated
accordingly.
2. Fees relate to gross tonnage.
2. Replacement of a certificate which has been lost US$250.00
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THE SHIPPING ACT
REGULATIONS
(under sections 18, 38 and 454)
(Made by the Minister on the 30th day of December, 2005) L.N. 2 ~ 2 0 0 6
PART I-General
1. These Regulations may be cited as the Shipping (Registmtion of Ships) citation.
Regulations, 2005.
2.-41) In these Regulations unless the context otherwise requires- Interpretation.
"authorized" in relation to any person, means authorized by the
Authority;
"bareboat chartered ship" means a ship registered under section 18 of
the Act;
"builder" in respect of a ship under construction means the actual
owner at the time of registration or the person who executes a
builder's mortgage;
"builder's certificate" means-
(a) in respect of a new ship, a certificate signed by the builder
of the ship and containing a true account of-
(i) the proper dimension and of the tonnage of the
ship, as estimated by him;
(ii) the date and place where it was built; and
(iii) the name of the person, if any, for whom the ship
was built, or the name of the person to whom it
was delivered;
(b) in respect of a ship under construction, a certificate signed
by the builder setting out the description of the ship, the
name and address of the builder and any other particulars
as may be required by the Registrar;
I "builder's mortgage" means a mortgage in respect of a ship under
construction;
"Certificate of Regmy" means a certificate of registry issued to a ship
which is registered under the Act and includes a certificate of
bareboat charter registry, unless the context otherwise requires;
"certificate of bareboat charter registry" means a certificate of registry
issued in respect of a ship which is registered under section 18 of
the Act;
-
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THE SHIPPhVG (REGISTRATION OF SHIPS) REGULATIONS, 2005
Schedule.
PART I-General, contd
"certificate of deregistration" means a certificate issued by the
Registrar showing that the enhy in the register in respect of a ship
has been closed, the date of its closure. encumbrances on the ship,
and other details about the ship and its ownership at the time of
closure;
"declaration of ownership" means a declaration whch complies with
the provisions of section 22 of the Act;
"foreign maritime entity" means a business entity, other than a body
corporate established under and subject to the law of a state other
than Jamaica which, pursuant to that law, is entitled to own or
operate ships;
"freeze" means to prevent any enhy (which includes a delet~on of an
enhy) being made in the register.
"Inspector of Marks" means-
(a) an Inspector; and
(b) any other person designated to carry out the functions of
Inspector of Marks under Schedule 2;
"length" and "overall length have the same meaning as in-
(a) the Tonnage Convention; and
(b) any applicable regulations made under the Act with respect
to ascertaining the tonnage of ships;
"owner" in relation to a ship includes a demise or bareboat charterer
and a managing owner;
"register" or "appropriate register" in relation to a ship means the
appropriate register under section 24A of the Act;
"ship" has the same meaning as in section 2 of the Act, but does not
include a bareboat chartered ship except, for the purposes of
Parts IV and V of these Regulations, and whenever the context
requires, includes a ship under construction;
"ship identification number" means the number allocated to the ship
in accordance with regulation 6 (1) (a) and includes the official
number, national identification number and the Jamaican Ship
Registry identity number;
"ship under construction" means a ship, the keel of which has been laid
or which is at a similar stage of construction;
"similar stage of construction" means the stage at which-
(a) construction identifiable with a specific ship begins; and
(b) assembly of that ship has commenced comprising at least
fifty tomes or one per cent of the estimated mass of all
structural material whichever is less;
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THE SHIPPING (REGISTRATION OFSHIPS) REGULATIONS, 2005
PART I-General, contd.
"Tonnage Convention" means the International Convention, on
Tonnage Measurement of Ships 1969, as amended from time to
time as in force in relation to Jamaica;
"transfer of a ship" includes, except where the context otherwise
requires, transfer of a share in a ship.
(2) Any reference in these Regulations to the ascertainment of the
tonnage of a ship means ascertainment in accordance with-
(a) the Tonnage Convention; and
(b) any applicable regulations made under the Act with respect
to ascertaining the tonnage of ships.
PART 11-Registers of Jamaican Ships
3 4 1 ) No ship shall be registered in more than one register at any one ~ e g i s t ~ s .
time.
(2) A register may be kept in such electronic or other form as the
Director may consider to be expedient.
(3) Any person shall be entitled on application to the Registrar
General, to obtain a transcript, certified by a proper officer, of the entries in
the register.
(4) The Registrar General, shall be entitled to amend the register
where-
(a) a clerical error has occurred; or
(b) sufficient evidence is produced to satisfy him that an entry is -.,
incorrect,
and on making the amendment he shall, subject to paragraph (5), issue a new
Certificate of Registry if necessary.
(5) Where a new certificate is required under paragraph (4), the
Registrar General shall require the return of the existing Certificate of
Registry prior to the issuance of the new certificate.
4.-41) An application for registration of a ship shall be made to the AwE=honfor
regish.tion.
.Registrar in the form set out in Schedule 1. Schedule I.
(2) An application for registration of a ship which has, immediately
prior to the application, been registered in a foreign registry shall, subject to
paragraph (3), be accompanied by a certificate of deregistration from that
register in respect of that ship.
(3) The Registrar Gene@ may on application made to him in
writing grant such longer period as he thinks fit for the submission of the
certificate.
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2.12 THE SHIPPING (REGISTRATION OF SHIPS) REGULATIONS. 2005
PART 111-Registration, contd.
Appllcahon 5. An application made by persons qualified to own a Jamaican ship
by W
corporate pursuant to section 20 of the Act shall be accompanied by-
(a) in the case of a body corporate incorporated in Jamaica-
(i) a copy of the certificate of incorporation or other constitut-
ing document; and
(ii) if the body corporate has changed its name since incorpor-
ation, certification of the change of name; or
(b) in the case of a body corporate incorporated in a foreign country,
proof of its incorporation in accordance with the laws of that
foreign country;
(c) in the case of partnerships and other business entities, proof of
establishment, and entitlement to own and operate ships to the
satisfaction of the registrar.
Auoc~hon
of officlal
6.--( 1) On receipt of an application for the first registration of a ship the
number Registrar, if he is satisfied that the ship is eligible to registered, shall-
(a) allocate a ship identification number, and
(6) issue a carving and marking note.
(2) The Registrar may, on request by a classification society or
authorized surveyor, allocate the ship identification number to a ship before
he receives all other registration documents.
(3) Where the number allocated to a ship under paragraph (2) has
been carved into the beam of the ship but the registration of the ship is
refused, the number shall, upon notification to the applicant of the refusal, be
permauently defaced and a certificate to that effect by the classification
society or authorized surveyor shall be submitted by the applicant to the
Registrar.
~ar long 7. On receipt of a carving and marking note on first registration the owner
shall-
(a) if the ship has not already been surveyed pursuant to section 43 of
the Act, cause it to be so surveyed.
(6) in the case of a ship other than a pleasure craft under 24 metres in
length, cause the ship to be carved and marked in accordance with
M I
Part 1 of Schedule 2;
Schedule 2 (c) in the case of fishing vessels and other vessels under 24 metres in
length, cause the ship to be carved and marked in accordance with
paragraph 1 of Part 1 of Schedule 2; and
(d) where required under regulation 9, cause the carving and marking
of the ship to be inspected by an Inspector of Marks.
inspection of
msrka.
&-(I) In respect of a ship, other than a pleasure craft which is under 24
metres in length, an Inspector of Marks shall satisfy himself that the ship has
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THE SHIPPING (REGISTR4TION OF SHIPS) REGULATIONS, 2005
been carved and marked in accordance with Part 1 of Schedule 2 and, when
so satisfied, shall complete the carving and marking note and return it to the
Registrar.
(2) In respect of a pleasure craft which is under 24 metres in length
the owner shall certify that the ship has been carved and marked in
accordance with Part 2 of Schedule 2 and return the certified carving and EL2
marking note to the Registrar.
9 . - ( 1 ) I f the registrar is not satisfied- Venficahon
of rn-
(a) that the particulars under section 43 of the Act relating to the
tonnage, and other particulars of the ship furnished to him are zmd
correct;
(b) that the ship is carved and marked in the manner required by
Schedule 2,
he may direct the owner to have the measurement or other particulars and the
carving and marking of the ship verified by an Inspector of Marks.
(2) I f the owner fails to comply with the direction of the Registrar
under paragraph (I), the Registrar may-
(a) if the registration of the ship is not completed, refuse to register it
until his direction has been complied with; or
(b) if the ship is registered, serve notice on the owner or agent
appointed under section 20A of the Act requiring him to produce
within thirty days, evidence sufficient to satisfy him that the
particulars of the measurement and tonnage are, or that the carving
or marking of the ship is, correct.
(3) I f at the expiry of the thuty day period the Registrar is not so
satisfied, he may-
(a) extend the notice and ask for further information; or
(b) serve a final notice, the effect of which shall be to cancel the ship's
registration with effect from seven days after the service of that
notice.
(4) Where the registration of a ship is cancelled under paragraph (3),
the shipowner shall forthwith surrender its Certificate of Registry.
(5) Where the Regstrar serves a notice under this regulation on the
I owner or agent appointed under section 2 0 ~ of the Act in respect of which a
mortgage is registered, he shall send a copy of the notice to each mortgagee
at the address recorded in the register for such mortgagee.
10. If a carving and marking note issued under regulation 6(1) is not duly
ofcarvmg completed and returned to the Registrar within three months of its i~sue, or andrnarhng
such longer period as the Registrar may in special circumstances permit, the ""
Registrar may cancel it and the application shall be treated as having been
withdrawn.
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2.14 THE SHIPPING (REGISTRATION OFSHIPS) REGULATIONS, 2005
Regiseation,
refusal, enhies in
register and
C m c a t e of
Registry.
Schedule 3.
Requirement
for supple-
mentary
inhmmtion.
Regiseation
prior to
mading of
a ship.
Schedule 2.
PART 111-Registration, contd.
11.--(1) Where the Registrar is satisfied in respect of an application
that-
(a) the ship is eligible to be registered as a Jamaican slup;
(6) the ship has been duly carved and marked and the appropriate
certificate has been provided;
(c) the particulars of the ship furnished to him are correct;
(6) title to the ship has been adequately proved (where necessary);
(e) the prescribed fees have been paid and the other requirements of
the Act and these Regulations have been complied with,
he shall, subject to paragraph (2), register the ship pursuant to section 25 (4)
of the Act and enter in the register the particulars specified in Schedule 3.
(2) Where the Registrar is not satisfied as regards the matters
mentioned in paragraph (1) he shall refuse to register the ship.
(3) Without prejudice to paragraphs (1) and (2), in the case of a ship
owned by a foreign maritime entity-
(a) where the foreign maritime entity has a legal pemnality separate
and distinct from that of its members, the name of such foreign
maritime entity may be entered in the register as the owner of the
ship;
(b) where the foreign maritime entity does not have a legal personality
separate and distinct from that of its members, the names of all its
members carrying on business in the name of the foreign maritime
entity and the number of shares in the ship owned by each member
shall be entered in the register, and
(c) whether or not the foreign maritime entity is one that has a legal
personality separate and distinct from that of its members, only the
name of the foreign maritime entity may be entered in the
Certificate of Registry as the owner of the ship.
12. Where the Registrar is not satisfied by the information provided on an
application for registration of a ship that the ship is eligible for registration,
he may require such supplementary information or evidence as he considers
appropriate for the purpose of satisfying himself that it is so eligible.
13.--(1) Notwithstanding regulations 10 and 11, the Registrar may, if the
conditions specified in paragraph (2) are satisfied, register a ship before-
(a) the ship is marked in accordance with Schedule 2; or
(b) the and marking 'note is duly completed and returned to
him in accordance with regulation 10.
(2) The conditions referred to in paragraph (1) are that the owner of
the ship submits to the Registrar a declaration stating that-
(a) the ship will be marked in accordance with Schedule 2, within
twenty-one days or such period as the Registrar may allow; and
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THE SHIPPhVG (REGISTRATION OFSHIPS) REGULATIONS, 2005
(6) within seven days thereafter, or such other longer period as the
Registrar may allow, the carving and marking note will be duly
completed and returned.
(3) On the expiry of the relevant period referfed to in paragraph (2),
the registration of the ship may be cancelled if it is then not marked in
accordance with Schedule 2. Schedule 2
14.-41) Upon registering a ship, the Registrar shall-
ISSUC Certi6cate of or
(a) issue and send to the owner a Certificate of Registry containing the ~e@w md
relevant information specified in Schedule 4;
dccumenb be
retained by
Registrar.
(6) retain a copy of any- schedule 4.
(i) builder's certificate or bill of sale or other evidence of title
produced on first registration;
(ii) certificate of suntey, and condemnation order, if any;
(iii) the notice of name of the shp;
(iv) evidence to the satisfaction of the Director that the ship has
been deregistered; and
(v) all declarations made in connection with registration as
required by the Act and these Regulations.
(2) Subject to paragraph (3), all documents which have been
produced to the Registrar to establish title shall be returned to the applicant
after the ship has been registered.
(3) Prior to their return under paragraph (2), the documents shall be
stamped by the Registrar to indicate that they have been used for the
registration of a ship.
15. An application for registration on transmission of a registered shp or :;$zn
a share in a registered ship under section 65 of the Act shall be made in the mnsmrraon
form approved by the Director. of a wtered sb
16. An application for the registration of the transfer or transmission of a $$;tgi
registered ship or a share in a registered shp shall be accompanied by a' mtrmsferor
declaration of transfer pursuant to section 63 of the Act or, as the case may -'"
be, a declaration of transmission pursuant to section 65 of the Act an4 where
the application is made on behalf of a body corporate, the document or
documents mentioned in regulation 5.
17.-(1) If on an application for transfer or transmission of a registered Refusalof
rephatwn
ship or shares in a registered ship the Registrar is not satisfied that the ship ~ f t r m s f ~ ~
remains eligible to be registered- trmsmslm
(a) the Registrar shall serve a notice under paragraph (2) on the owner
. of the ship; and
(b) the registration of the ship shall terminate by virtue of this
paragraph at the end of the period of fourteen days from the date
of the service of that notice.
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THE SHIPPNG (REGISTRATION OF SHIPS) REGULATIONS, 2005
PART 111-Registration, contd.
(2) The notice referred to in this regulation shall state that-
(a) the Registrar is not satisfied that the ship in question remains *
eligible to be registered; and
(b) the registration of the ship shall accordingly terminate by virtue
of paragraph (1) at the end of the period referred to in that
paragraph.
Nohlicahon
of changes of
18.-(1) If at any time there occurs, in relation to a registered ship, any
~ ~ ~ h r p , etc change affecting the eligbility of the ship to be registered, the owner of the
ship shall, as soon as practicable after the change occurs, n o w the Registrar
in writing thereof.
(2) The no~ca t ion referred to in paragraph (1) shall specify the
name and the official number of the shp and the nature of the change.
(3) Any person who contravenes paragraph (1) commits an offence
and is liable on summary conviction to a fine not exceeding one hundred
dollars.
Tramfer or
hansroission
19.-(1) Where there is any transfer or transmission of a registered ship
ota r + t d or share in a registered ship-
dup or share (a) the person ceasing to own the ship or share or in the event of
his death, his legal personal representative, shall n o w the
Registrar thereof and the owner of the ship or his agent appointed
under section 20A of the Act shall arrange to surrender the
Certificate of Registry; and
(b) the Registrar shall, if any of the events specified in paragraph (2)
occur, cancel the Certificate of Registry and freeze the register
pending the submission of the declaration by the new owner of the
ship or share for the registration of the transfer or transmission
(2) Where there is a transfer of a registered ship or shares therein-
(a) if the new owners do not within thirty days of the transfer, submit,
pursuant to Part IV of the Act, the relevant bill of sale and other
documents required thereunder to register the transfer the Registrar
shall cancel the registration of the ship or shares therein, as the
case may be;
(b) if all the shares in the ship are transferred, and the submission is
not made within the tlurty days, the Registrar may cancel the
registration of the ship; and
(c) if any share or shares in a ship is or are transferred, and the
submission is not made within the thirty days, the Registrar shall
in writing not@ the remaining registered owners that the
registration of the ship,may be cancelled unless a submission of
documents relating to the transfer of the share or shares hi question
is made within tlurty days of the date of the notice.
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THE SHIPPLVG (REGISTRATION OF SHIPS) REGULATIONS, 2005
PART 111-Registration, contd.
(3) Where there is a tiammission of a registered ship or shares
therein-
the new owners shall promptly submit to the Registrar the declara-
tion and information required under section 65 of the Act,
for the transmission to be registered;
if the transmission is of all the shares in the ship, and a submission
is not made within a reasonable time, the Registrar may cancel the
registration of the ship; and
if the transmission is of one or some of the shares in the ship, and
a submission is not made within a reasonable time, the Registrar
shall serve a notice on the remaining registered owners stating
that the registration of the ship may be cancelled, unless an
application to register the transmission of the share or shares in
question is made within thuty days of the date of the notice.
2 0 4 1 ) Where, other than in the circumstances stated in section 49 of C h a w m
IqsteIed
the Act, there is a change- pmculars of
(a) in the registered particulars of a ship other than its tonnage: or
shps
(6) in the name or address of any owner entered in the register (not
being a change of ownership).
the shipowner shall. as soon as practicable, apply in writing to the Registrar
for the change to be recorded in the register.
(2) The application shall be in writing and shall, subject to regulation
54, be accompanied by the Certificate of Registry and such evidence as to the
change as may be required by the Registrar.
(3) Where there is a change in the tonnage of a ship, it shall be
resurveyed and the tonnage ascertained pursuant to section 43 of the Act and
thereafter, the shipowner shall apply in writing as soon as practicable in a
form approved by the Director. for the change to be recorded in the register.
(4) The application shall be accompanied by the relevant Certificate
of Survey and the Certificate of Registry.
(5) On recording the change in the registered particulars the
Registrar shall cancel the existing certificate and issue to the owner a new
Certificate of Registry.
2 1 4 1 ) An application for approval of the change of the name of a ship Changeof
name
shall be made in accordance with Schedule 5. Schedule 5
'(2) If it appears to the Director that a proposed change of name
complies with Schedule 5, he shall within seven days of submission of the
application issue a carving and marking note to the owner.
22.-41) On receipt of the carving and marking note the owner shall- ;;&?
(a) cause the ship to be marked with the new name; and C*
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THE SHIPPliVG (REGISTRATION OF SHIPS) REGULATIONS. 2005
Schedule 2.
R+rntion
ofnew
name.
Duplicate
arcificates.
Form of
m o m .
Notie by
intending
mol$agees,
pri+ty
r,&QF.
. . I
PART 111-Registration, contd
(b) in the case of a ship other than a pleasure craft under 24 metres
in length, cause the marlung to be inspected in accordance with
regulation 8.
(2) The Inspector of Marks shall, if satisfied that the ship is marked
in the manner required by Schedule 2, complete the carving and marking note
and return it to the Registrar.
23. On receipt of the carving and marking note duly completed, the
Reastrar shall register the ship with its new name and shall cancel the
existing certificate and issue to the owner a new Certificate of Registry.
24.-41) If it is shown to the satisfaction of the Registrar General that
a Certificate of Registry has been lost, stolen or destroyed or has become
defaced or illegible, he may issue to the ship owner a duplicate of that
certificate, which shall be marked as such, and shall be of the same effect
as the original.
(2) Where a duplicate Certificate of Regstq is issued, the origmal, if
then available or if subsequently found or recovered, shall be forthwith
surrendered to the Registrar General.
PART IV-Mortgages
25. A mortgage produced for registration under section 69 of the Act, a
transfer of a registered mortgage, and a discharge of a registered mortgage,
shall be executed and attested in the form respectively approved by the
Director.
26.-41) Where any person who is an intending mortgagee under a
proposed mortgage of-
(a) a registered ship; or
(b) a share in a registered ship, notifies a Registrar in writing of the
mortgagee's intended interest under the proposed mortgage, the
Registrar shall record that interest in the appropriate register in the
order in time in which they are produced to him for that purpose.
(2) For the purpose of paragraph (1) the notice to the Registrar (in
these Regulations called "a priority notice") shall contain-
(a) the name and official number of the ship;
(b) the name, address and signature of the intending mortgagor;
(c) the number of shares to be mortgaged; and
(d) the name and address of the intending mortgagee.
(3) Where any person who is an intending mortgagee of-
(a) a ship which is not yet registered; or
(6) a share in any such ship,
notifies the Registrar in writing of his intended interest under the proposed
mortgage, the Registrar-
lThe inclusion of this page is authorized by L.N. 18rJZ0081
THE SHIPPING (REGISTM TION OF SHIPS) REGULATIONS, 2005
PART IV-Mortgages, contd.
(i) shall record that interest in the appropriate register; and
(ii) if the ship is subsequently registered, shall register the
ship subject to that interest or, if the mortgage has by then
been executed in accordance with regulation 25 and
produced to the Registrar, subject to that mortgage.
(4) For the purposes of paragraph (3) the notice shall contain the
following information-
the present name of the ship;
the proposed name of the ship (where applicable);
the approximate length of the ship;
where the ship is registered outside Jamaica, a copy of its
Certificate of Registry or other document evidencing its
registration and stating its port of registry;
where the ship is a new ship the certificate of the builder or if that
is not available, the name and address of the builder and the
number of the shipyard;
where the ship is neither a new ship nor a registered ship, d e w s
of any permanent marks on the ship which enable it to be clearly
identified; and
the name, address and signature of 'the intending mortgagor, the
number of shares to be mortgaged, and the name and address of
the intending mortgagee-
(5) Where-
(a) section 73 of the Act operates to determine the priority between
two or more mortgages; and
(b) any of the intending mortgagees concerned has given notification
under paragraph (1) or (3) as the case may require,
section 73 of the Act shall have effect in relation to that mortgage as if it had
been registered at the time when the relevant entry was made in the reBster
under paragraph (1) or (3).
(6) Any notification given by a person under paragraph (1) or (3) and
anything done as a result of such notification shall cease to have
effect--
(a) if the notification is withdrawn; or
(6) at the end of the period of thmty days (hereinafter called the
"initial period") beginning with the date of the notification, unless
the notification is renewed in accordance with paragraph (7).
(7) The person by whom any such notification is given may
renew the noacation for a period of thu-ty days on each occasion by notice
in writing given to the Registrar before the end of the initial period or, as
lThe inclusion of this page i s authorized by L.N. 18PJ2008]
Form of
uansfm or
uansmission
ofmortgage.
Interpretation
Compatible
l ~ b i e 5 .
Schedule 6.
Form A
THE SHIPPING (REGISTRATION OFSHIPS) REGULATIONS. 2005
PART IV-Mortgages, contd.
the case may be, the end of a period of renewal.
(8) Any notice gwen under th~s regulation shall be in the form
approved by the Director.
27. A registered mortgage which is transferred under section 77 of the
Act and the interest in such mortgage which is transmitted under section 78,
shall in fiutherance of those provisions of the Act, be respectively executed
and authenticated in the form approved by the Director.
PART V-Bareboat Charter Registration
28. In this Part-
"bareboat charter registration" means the registration of a ship in a
register of bareboat chartered ships under the name of the ,
charterer;
"bareboat charter registry" means the registry of the state whose flag
the ship is entitled to fly during the period in which the charterer
is registered as the bareboat charterer;
"charterer" means a person to whom a ship has been chartered and
includes a sub-charterer,
"compatible registry" means a ship registry of a foreign state declared
by the Minister to be a compatible registry within the meaning of
regulation 29;
"day" means calendar day;
"underlying registry" means the registry of the state of primary - registration and "underlying register" and "underlying
registration" shall be construed accordingly.
Bareboat Charter-In
29. Where it appears to the Minister that the provisions of the law of
a state, with regard to bareboat charter registration, are compatible with the
provisions of the Act and this Part, he may declare the underlying registry
to be a compatible registry for the purposes of the Act and this Part.
30.-41) A ship may be registered as a bareboat chartered ship under
section 18 of the Act where the charterer thereof or his agent has submitted to
the satisfaction of the Registrar the documents and information described in
paragraph (2).
(2) The documents and information referred to in paragraph (1)
are-
(a) an application for registration under this Part made by the
charterer or agent in the form set out as Form A of Schedule 6;
(b) a declaration of bareboat charter made by the charterer
accompanied by a copy of the charter party, which shall not be
available for public i n w o n ;
[The inclusion of this page Is authorized by L.N. 18dZ0081
PART V-Bareboat Charter-In, contd.
(c) a transcript or an extract of the underlying registration of the shlp
which shall-
(i) be available for public i n w o n ; and
(ii) contain a description of the ship, the owners and, where
applicable, all registered mortgages and encumbrances
relating to the ship;
(d) the consent in writing, for the ship to be bareboat charter registered
in Jamaica, of-
the appropriate authorities of the underlying registry,
who may be further required by the Registrar to declare
that during the period of bareboat charter registration the
ship will not be entitled to fly their flag
the owners of the ship; and
all registered holders of mortgages registered in the
underlying registry;
(e) such other information as the Registrar General may require.
(3) Where amendments are made to the bareboat charter party the
charterer shall within thuty days thereafter, not@ the Registrar, in writing
thereof.
(4) Where any amendments are made to the underlying registration
the charterer shall-
(a) within seven days of the amendments being effected, communicate
to the Registrar the details of the amendments; and
(b) within three days of the amendments having been entered in the
underlying register, produce to the Registrar a transcript or an
extract of the underlying regishation showing the amendments.
3 1 . - ( 1 ) Subject to paragraph (2), the tonnage of a ship to be registered --
mmt of
under this Part shall be ascertained pursuant to section 44 of the Act. tomage.
(2) At the request of the charterer, the Registrar may accept the
tonnage of the ship to be that regstered in the underlying registry if he is
satisfied that the provisions of the Tonnage Convention, so far as applicable
to such ship have been adhered to, and the certificate of survey issued by the
underlying registry shall be treated as the certificate provided for in section
43 of the Act
3 2 . - ( 1 ) Subject to paragraph (2), and the provisions of Schedule 5, a ~ 2 ;
ship shall be registered under this Part by the name under which it is chmered
registered in the underlying registry. slup Sfhedule 5
(2) The name of a ship to be regstered or of a ship already registered
under this Part, may in the circumstances described in paragraph (3) be
[The inclusion of this page is authorized by L.N. 18d20081
THE SHIPPING (REGISTRATION OFSHIPS) REGULATIONS, 2005
Duration of
barebaat
charter
Rgktmtion.
Extension
of bareboat
charter
regutration
PART V-Bareboat Charter-In, contd.
changed prior or subsequent to registration under this Part, as the case may
be.
(3) The circumstances referred to in paragraph (2) are that-
(a) the appropriate authorities of the underlying registry, the owners,
and the registered mortgagees, if any, have consented to the
change of name; and
(b) the change is made in accordance with the provisions of section
34 of the Act or of any regulations made thereunder.
33.+1) The Registrar, if satisfied that all requirements for registration
specified in this Part and in the relevant provisions of the Act, where
applicable, have been complied with, and on payment, by the applicant of the
prescribed registration fee, shall-
(a) enter in the relevant register all part~culars of the ship and its
underlying registration, its owners and charterers, stating-
(i) the expixy date of the bareboat charter registration; and
(ii) that the register does not contain an official record of any
mortgages affecting the ship;
(b) inform the appropriate authorities of the underlying registry of the
registration under this Part; and
(c) issue a certificate of bareboat charter registration, which shall
include the name and particulars of the ship, the name of the port
of registry declared under section 32 of the Act, and the expiry
date of the registration.
(2) Upon the issue of a certificate of bareboat charter registration, all
documents issued to the ship by the underlying registry shall be surrendered
to the appropriate authorities of that registry and, within thugdays of the
issue of the certificate, the charterer shall make and deliver to the registrar
declaration to that effect.
34. The duration of any bareboat charter registration shall be for a period
not exceeding the duration of the bareboat charter.
35.+1) At the request of the charterer or his agent the Registrar may,
subject to regulation 34, extend the duration of the bareboat charter
registration where the charterer or agent has provided written consent from-
(a) the appropriate authorities of the underlying registry; and
(b) the owners or the registered mortgagees, if any, of such request
for extension
and he has not received any objections to extension within seven days after
the later of the notifications under paragraphs (a) and (6).
(2) Upon the grant of an extension under paragraph (I ) , the
Registrar shall-
lThe inclusion of this page is authorized by L.N. 18d20081
THE SHIPPING (REGISTRATION OFSHIPS) REGULATIONS, 2005
PART V-Bareboat Charter-In, contd.
(a) enter the new date of expiry in the register of the ship;
(b) endorse the certificate of bareboat charter registration with the
new date of expiry thereof; and
(c) inform the appropriate authorities of the underlyng registry.
36. A ship bareboat charter registered under this Part which is required to ~temtional
convention
be issued with certificates relating to international conventions shall- cdficate of
bareboat
(a) where Jamaica is a party to the relevant convention, be issued with c h ~ e r s h p s
the required certificates under the authority of the Government of
Jamaica;
(b) where Jamacia is not a party to a convention, be issued with the
required certificates with the permission of the Registrar, under
the authority of the government of the underlying registry.
37.41) A ship registered under this Part shall be deemed to be a ~uns&cfion
over slups
Jamaican ship an4 except where otherwise provided, shall be under the ,,,tad
jurisdiction and control of Jamaica and shall comply with all the laws
applicable to Jamaican ships.
(2) A ship registered under this Part shall only display the Jamaican
flag.
(3) The port of registry of a ship registered under this Part shall be
shown on the certificate of bareboat charter.
38.41) This Part shall have no effect with regard to title, or to any 2;hi~
transfer or transmission of a ship registered under this Part or of any shares registered
therein. under this Part
(2) Any transfer of 'ownership of a ship registered under this Part
shall within seven days thereof be notified in writing by the charterers to the
Registrar, and the registration of the ship under this Part shall be cancelled
unless the new owners have-
(a) within seven days after submitting the notification, declared to the
Registrar in writing that they have no objection to the ship
remaining registered under this Part; and
(b) within thirty days of having made such declaration, delivered to
the Registrar their consent in writing to such registration.
39. A ship registered under this Part shall be subject to the payment of the
initial and annual fees and of any other fees prescribed in the Act, or in any
regulations made thereunder.
40.-41) Where the charterer of a ship registered under this Parf desires ;cky
that the bareboat character registration of such ship be closed, he shall make cw
an application to the Registrar for deregistration of the ship with such z i y
additional particulars and information as the Registrar may require. F~ B.
l fhe inclusion of this page is aulhorized by L.N. 18~/2008]
THE SHIPPLVG (REGISTRATION OF SHIPS) REGULATIONS, 2005
PART V-Bareboat Charter-In, contd.
(2) The Registrar may grant the application if he is satisfied that-
(a) the requirements of paragraph ( 1 ) have been met;
(b) all liabilities and obligations in respect of the ship towards
Jamaica whether for fees, charges, fines or otherwise have been
paid.
( 3 ) The Registrar shall cancel the registration of a ship under this
Part, and shall m k e an entry to that effect in the register, if-
(a) an application for deregistration has been granted under para-
graph (2);
(b) the appropriate authorities oi the underlying registry. the owners.
or any of the mortgagees, if any, have withdrawn their consent to
the bareboat charter registration in Jamaica
(c) the registration in the underlying registry has for any reason been
terminated;
(4 the charter lapses or is terminated by any of the parties to it;
(e ) the charterer fails to supply information or documents required
under regulation 30 (4):
V) the period for which the ship has been bareboat chatter registered
lapses and no extension has been granted in accordance with
regulation 35; or
(g) the ship is being operated in breach of these Regulations, or any of
the circumstances specified in section 29 of the Act apply to
the ship.
(4 ) Upon the closure of registration under paragraph (3 ) the ship
ceases to be a Jamaican ship and the Registrar shall immedntely not@ such
closure to the appropriate authorities of the underlying registry, the owners
and the mortgagees, if any.
(5) The Registrar may refuse to issue a certificate of deregistration
until-
(a) the certificate of bareboat charter registration issued under
regulation 33 has been surrendered to him: and
(b) all liabilities and obligations in respect of the ship towards
Jamaica whether for fees, charges. fines or otherwise have been
paid.
PART V-Bareboat Charter-Out
c ~ t of 41.-41) In addihon to the circumstances referred to in section 19 of the
R W b Act. the Registrar General may, under such conditions as he may deem fit to
impose, consent to a Jamaican ship being registered under the law relating to
bareboat charter registration of another state where-
(a) the ship is registered as a Jamaican ship under Part IV of the Act:
(The inclusion of this page is authorized by L.N. 18d20081
THE SHIPPlh'G (REGISTRATION OFSHIPS) REGULATIONS, 2005
PART V-Bareboat Charter-Out, contd.
(b) the bareboat charter registry where the ship is to be registered is _
a compatible registry; and
(c) the following documents are submitted to him-
an application for bareboat charter registration in a foreign
registry made by the owners and containing such
additional information as may be required by the
Registrar,
the consent in writing to such registration of all registered
mortgagees, if any;
a written undertaking by the shipowners to surrender the
Certificate of Registry issued under the Act within ffieen
days from entry into the bareboat charter registry;
a written undertaking by the charterer that the Jamaican
flag shall not be displayed during theperiod of bareboat
charter registration; and
a copy of the bareboat charter party.
(2) The owners shall produce to the Registrar any amendments or
modifications to the bareboat charter party 'within hly days of such
amendments or modifications being effected.
42.-(1) Subject to paragraph (2), a ship registered under Part IV of the ; J ; L ~ ~
Act shall be bareboat charter registered in a foreign registry by the name hart^
under which it is registered under the Act. regu;te=d ~n a fmlgn
(2) The name of a Jamaican registered ship bareboat charter "p"w
registered in a foreign registry may be changed with the written consent of
the Director in accordance with section 34 of the Act only if such change is
also being effected in the bareboat charter registry.
43. Any purported bareboat charter registration in a foreign registry of a ~oreign
bareboat
ship registered under this Part, which is not made in accordance with the registration
provisions of this Part shall be null and void. to be in t m s of
h e
Regulations.
44.-(1) Upon the bareboat charter registration of a Jamaican ship in a ;gp
foreign registry- registration.
(a) the owners shall-
(i) immediately noMy the Regstrar of such registration; and
(ii) within hly days thereof surrender to the Registrar the
Certificate of Registry issued to the ship under this Part
and deliver to the Registrar a transcript or an extract of the
foreign bareboat charter registration;
(b) the Registrar, if satisfied that such registration has been effected
according to the provisions of this Part, shall make an entry
thereof in the register of that ship.
(The Inclusion of this page is authorized by L.N. 18al20081
2.26
Obligation
while ship is
in foreign
barebost
charter
repisby.
Paymem of
Jamaican fees
while in
foreign
bareboat
charter
*by.
International
convention
cdficates
while ship
in foreign
bareboat
charter
*.
Ropnetary
mtercJtr
while ship
in foreign
bareboat
charter
*by.
Termination
of bareboat
m foreign
regishy.
THE SHIPPING (REGISTRATION OF SHIPS) REGULATIONS, 2005
PART V-Bareboat Charter-Out, contd.
(2) The owners shall immediately not@ the Registrar of the closure
or lapse of the bareboat charter registration in a foreign registry, and shall
within h t y days of the closure of such registry, deliver to the Registrar a
transcript or an extract of the foreign bareboat charter registration showing
such closure.
4 5 - 4 1 ) During the time a Jamaican ship is bareboat charter registered in
a foreign registry as provided for in this Part-
(a) notwithstanding section 105 of the Act, such ship shall not
display the Jamaican flag; and
(6) notwithstandmg the provisions of section 32 of the Act: the port
of registry of such ship shall be that of the bareboat charter
registry.
(2) The owners shall, within ftfteen days from the entry into the
foreign bareboat charter registry, make and deliver to the Registrar a
declaration to the effect that the name of the foreign port of regstry has been
marked on the stem of the shp in place of the name of the Jamaican port of
regstry.
46. A Jamaican ship bareboat charter regstered in a foreign registry shall
notwithstanding such registration, continue to be subject to the payment of
all relevant fees in respect of Jamaican ships payable under the Act or any
regulations made thereunder.
47.-31) A Jamaican ship bareboat charter registered in a foreign registry
and which is required to be issued with certificates relating to international
conventions to which Jamaica is a party shall, subject to paragraph (2), be
issued with such certificates under the authority of the government of the
bareboat charter registry.
(2) Where the state of the bareboat charter registry is not a party to a
convention, a certificate required under that convention may be issued under
the authority of the Government of Jamaica.
48. Any transaction affecting the title over the ship or relating to the
regismtion, amendment, transfer and transmission and discharge of mort-
gages shall be made and registered in accordance with the provisions of the
Act; and accordingly the registration in respect of the ship of any mortgages
or encumbrances in the foreign bareboat charter registry shall be null and
void.
49.-41) The Registrar may withdraw the consent granted under
regulation 41 if any of the provisions of that regulation or of section 19 of the
Act is not complied with.
(2) The Registrar shall withdraw such consent, if-
(a) the Minister, in the national interest or in the interest of Jamaican
shipping and after giving the owners and the charterers of the
ship a reasonable opportunity to make representations, has ordered
the Regism to withdraw his consent;
\The inclusion of this page is authorized by L.N. 18*/2008]
THE SHIPPING (REGISTRATION OFSHIPS) REGULATIONS, ZOOS
PART V-Bareboat Charter-Out, contd.
(b) any of the conditions required to be fulfilled under section 19(1)
of the Act or regulation 44 is not so W e d ; or
(c ) the charter party terminates or is terminated by any of the parties
to i t
(3) Upon his withdrawal of consent under paragraph ( 1 ) or (2)-
(a) the regislrar shall inform the appropriate authorities of the foreign
bareboat charter registry, the owners, the charterers, and the
mortgagees, if any, of such withdrawal; and
(b) the bareboat charter registration in the foreign registry shall, for
the purposes of these Regulations, be treated as tenninated.
(4) Where there is a termination of the bareboat charter registration
in a foreign registry--
(a) the Regislrar shall immediately thereupon make an entry thereof in
the register, and the ship shall thereupon be subject to all the
provisions of Jamaican law;
(b) within thirty days of the termination of such registration-
(i) the owners shall make and deliver a declaration to the
Registrar that the certificate of bareboat charter
registration has been surrendered to the foreign bareboat
charter registry; and
(ii) thereupon the Registrar, unless the registration of the ship
under Part IV of the Act is also being closed, deliver to the
owners the Certificate of Registry which had been
surrendered to him under regulation 44 (1); and
(c) within thirty days of the termination of such registration the
owners shall deliver to the Registrar a transcript or an extract of
the foreign register showing that the bareboat charter registration
has been cancelled.
50. All documents required by the Registrar for the purposes of this Part Cerhfi-hen
shall be certified as directed by the Registrar.
otdoclmlm
51.-41) Any document which is not in English which is produced in ~ y ~ a b
othersupport of any application under these Regulations shall be -,a.
accompanied by a notarized translation of the document into English.
(2) Where the signature on any document made under these
Regulations is required to be witnessed, the witness shall neither be a minor
nor be the spouse of the signatory.
(The inclusion of this page is authorized by L.N. 18d20081
2.28
& P a w !
wth declarahon
Fees
hpensmg
wth plvdufhon
ofcertlficate
hue of
cahficate of
dele?mn and
removal of
mark on
tanonahon
0 f ~ t r n h o n
OtTences
THE SHIPPING (REGISTRATION OF SHIPS) REGULATIONS, 2005
PART VI--Miscellaneous, contd.
52. Where under these Regulations-
(a) any person is required to make a declaration on behalf of himself
or any body corporate, but is unable to do so and can satisfy the
Registrar, that it is due to reasonable cause, the Registrar may on
such terms as he thinks fit, dispense with the declaration; or
(b) any evidence is required to be produced to the Registrar but the
person to whom the request is made is unable to produce such
evidence and the Registrar is satisfied that it is due to reasonable
cause, the Registrar may on production of such other evidence as
he considers appropriate, dispense with the evidence origmally
required.
53. Where a fee is prescribed in respect of any service or other transaction
to be carried out pursuant to these Regulations, the Registrar shall not be
required to cany out the service or other transaction unless the appropriate
fee has been paid.
54. Where a Certificate of Registry is required by these Regulations to
accompany any application and it is shown to the satisfaction of the Registrar
that for any reasonable cause (which includes, but is not limited to, the ship
being in a port outside Jamaica, or the certificate being needed for an
imminent voyage, at the time the application was made) the certificate cannot
be produced, the Registrar may, subject to such conditions as he thinks fit,
dispense with its production.
55. Where, under the Act or these Regulations, the registration of a ship is
terminated-
(a) the Registrar may, at the written request of the owner, issue a
certificate confirming that the particulars related to the ship have
been deleted from .the register, and stating the status of any
mortgage registered in respect of that ship; and
(b) the owner shall forthwith remove from the ship the marking
prescribed under these Regulations and submit to the Registrar
written confirmation of the removal.
PART VII-Oflences
56.-41) A person commits an offence if he-
with intent to deceive, uses, lends or allows to be used by
another, a Certificate of Registry whether in force or not;
in purported compliance with a requirement under these
Regulations, supplies information, provides an explanation or
makes a statement which heknows to be false or misleading in a
material particular,
fails, without reasonable cause to surrender a Certificate of
Registry when required to do so under these Regulations;
[The inclusion of this page is authorized by L.N. 18~120081
THE SHIPPLVG (REGISTRATION OFSHIPS) REGULATIONS, 2005
PART W . 4 f f e n c e s contd.
(4 intentionally alters, suppresses, conceals or destroys a document
which he has been required by these Regulations to produce to the
Registrar.
(2) The offences specified in paragraph (1) shall be punishable on
summary conviction in a Resident Magistrate's Court with a fine not
exceeding one thousand dollars or imprisonment for a tenn not exceeding
two months or both such fine and imprisonment
I PART Vm.-Transitional Provision
57. Schedules 3 and 4 and the related provisions of regulations 11 and 14 T - i t i d
shall not apply to any ship until a new Certificate of Registry under these
Regulations is issued in respect of that ship.
[The inclus'ion of this page is authorized by L.N. 18d20081
THE SHIPPING (REGISTRATION O F SHIPS) REGULA TIOiVS, 2005
SCHEDULE 1 (Regulation 4)
lndlcate Whelhu
'Barebod Char(- 0
~ h l p under Conatrucllon 0
lea sun 0
Flahlng 0
If neither, p l e l u i g n m
Name:... .............................................................................. pai60n:. ................ .... ........................................................
w
THE SHIPPING (REGISTRATION O F SHIPS) REGULATIONS, 22005
REQUIREYLWrO FOR THE REGISTRATION AND NOTICE OF NAME OF A VESSEL UNDER 24M
The M&ng musl be submitted tn applying tor !Jm RegbbaUaI of a vessel under 24M
1. AppllcaOon Fa RealsbaUaI and M m olName of a VesM undet 24M
2. DedaraUaI of Omerehlp
3. Pasrof#wlmwy
4. ~aaftsn PEMPLXI (n ~nd lv ldu -)
5. M l i c a b cf Incapaallan a Slm~hr Documenb of EsBblishment . NoUm of Mredrm a Similar Documents; CemRcate of Goad
Standing;
8. bmRcate of Wallan, Cancellallan a Ds-regisballan at a betore !Jm date and bme cf mgisbatlon In Jamale (If appltcable)
7. BIN of Sale tor !Jm V e d lCondmnaUon OrderlBu~ldels CdRcate
8. ADp(lcaUon fa Radlo Umnm (where apphcable)
9. Valld Cdhb of S u m
10. Carving and Mafklng Nots
11. AgpmptiateFew
The tollowing m w t k submitted In appwng tor Banboat (In) Reeisbatlon of a vessel under 24M
1. Appllcallan Fa Reglabanon and N d m of Name of a Vessel under 2Ur(
2. DedaraUaI of lha Chartster
3. AppllcaUaI tor Rado Licence (where applicable)
4. CarMIed copy of Bareboat Chansr Patty
5. CerWtcab of IncorpaaUaI a Slmilar Documents d Eslabllshment : NoUm 01 Dlrectas or Similar Documents Certificate of Good
Standing; or Jamalcan passpal (if IndMdual ormer)
8. Cmsenl for mgisbatio in Jamalca from:
9. V a l i Safety CertiRcam
10. Valii CerMiete of Regisby
11. Carving h Mafking Note
12. Appmprlale Fee
[The inclusion o f this page is authorized by L.N. 18d20081
THE SHIPPING (REGISTRATION OF SHIPS) REGULATIONS, 2005
SCHEDULE 1, contd.
APPLICATION FOR REGISTRATION
AND NOTICE OF NAME OF A SHIP
I
SECTION 4 PROPULSION MACHINERY.-
.!
a NvmbadEn~nsr 27 Ossdp(iondfnsma 28 P ~ ( h W . B W . s t ) 29 Nw7tb~dCylW.n
I
SECTION S. - .VESSEl+ OWNER(S) . . ~ , . . ,. .. .- . . . . . . . . . . . . . . . . . . . . . . . . . . .
u. b n w s ~ m w 33. ~&-a~eeistAomse W. -wConsspaMsnes s. ear.rt~rnon
s. rhphmm
37. fnm
Y. E d * d d n n
38. NamedSW Managar 4Q Addma d Ship Managa 41. Conrstpwn
' 4 z T-m
43. FnNO
I 51 Em*- U AllrOmonMm
SECTION 6 MORTQAOE INFORMATION
\The inclusion of this page i s authorized by L.N. 18~120081
THE SHIPPING (REGISTRATION OF SHIPS) REGULATIONS. 2005
Now. e: T h e n g ddoarmenk are requlred lo be submiltad uhen, applicable, tDgemer with this application:
Rqulmrnmt. for Uw (Pmvlslonal) Reglshtlon d s Shlp Jamalcan:
1) h WtcatkW for RgeiBWJon and Notica of Name of a Ship (Fom JSRO1)
3) Bilh of Sals for Ihe V& lCoMannation OrderlBuildets CBIUficate
5) A valid CBIURcate of Survey
6) Wriltm application for tUdb Licenca
7) C o n f i m h fmn CLASS mat tha Ship is In CLASS. Confirmation to indude exemptions and conditions m i n i n g and
expldan dates of cadficates.
a) Application for Minlmum Sate Manning Cer!hicate (FonnJSR 11)
10) Radio Authority's Confirmallon fmn Radm Acmunting Authority
11) CerUficate of inmrporation or Slmilar Documenk of Establishment : NoUca of Directors or Similar Documenls: Cet%fica(e of
Good Standing; Jamalcan Passport (if sole Owner)
12) Dedaration that the shlp has no encumbranca
13) Supgml from mortgagees for Lhe ragistiation of me ship in Jamalca (where applicable)
14) MO~tgaga Dowmenk (where applicable)
15) Continuous Synopsis Remrd (CSR) from Plavlous flag
16) Declaration of tnformacion -Continuous Synopsis Remrd
17) Declaralion of Company Security Oficar (OCSO)
Requirements for the (Permanent) Reglstntlon d a Shlp Jamalcan:
In addition to the a m requirements. the fdlaving must be provided for Permanent Registiation of a Ship Jamalcan:
18) Cedficale of Deletkm. Cancallation or Deregistiation at or b e f m tha dele and time of registiation (if not probided in eariler
package fa a prevlcdsly registered ship)
19) Safety ConiAcates issued by or under me aumorily of the Maritime Authotity of Jamaica (Mere applicable)
20) Crew documenk andlor applications as appropriate
21) Carvlng and Mahing Note (JSR05) duly completed
lThe inclusion of this page is authorlzed by L.N. 18*12008]
THE SHIPPING (REGISTM TION OF SHIPS) REGULATIONS. 2005
SCHEDULE 2 (Regulations 2,7, 8, 13
and 22)
Vessels other than Pleasure Cra j under 24 metres in length
1. Every ship other than a pleasure mil under 24 metres in length shall, before registration, be
marked permanently and conspicuously to the satisfaction ofthe Director as follows--
(a) its name shall be marked on each of its bows, and its name and the name of its
port of registry shall be marked on its stern, in letters of a contrasting colour so
as to be clearly visible, such letters to be of a length not less than 1 decimetre,
and of proportionate breadth;
(b) its ship identification number where applicable, official number and net tonnage
shall be permanently marked on a main part of the ship permanent structure that
is readily visible and accessible in such manner as may be specified by a
surveyor of ships;
(c) subject to subparagraph (e), in the case of every such ship built before
1st May, 1988 a scale of feet denoting its drought of water shall be marked
on each side of its stern and of its stern post in Roman capital numerals or
in figures, not less than 6 inches in length, the lower line of such letters
or figures to coincide with, the drought line denoted thereby, and those
letters and figures shall be marked by being cut in and painted in a contrasting
colow so as to be clearly visible, or in such other way as the Director may
approve;
(d) in the case of every such ship built after 1st May, 1988, a scale of decimetres, or
of metres and decimetres, denoting a drought of water shall be marked on each
side of its stem and its stem post in figures at twodecimetre intervals and at
intervening 2 decimetre intervals, if the scale is in metres and decimetres, the
capital I&er " M being placed after each metre figure; the top figure of the
scale showing both the metre and (except where it marks a full metre interval)
the decimetre figure; the lower line of the figures, or figures and 1etle-m (as the
case may be), coinciding with the draught line denoted thereby, the figures and
letters being not less than 1 decimetre in length and being marked by being cut
in and painted in a contrasting colour so as to be clearly visible, or in such other
way as the Director may approve; and
(e) every ship built before 1st May, 1988 may comply with the requirements of
~ubparagraph (4.
2. Unless in special circumstances the Director directs otherwise, a pleasure vessel of 24
metres in length or over, shall be deemed to be in compliance with subparagraph (a) of
paragraph 1 if its name and the name of its port of registry are marked on its stem in the
manner provided in that subparagraph.
3. The marks required by this section shall be pennaaently continued, and no alteration shall
be made therein, except in the event of any of the particulars thereby denoted being altered
in the manner provided by these Regulations.
4. The Director may exempt a class of ships,fiom all or any of the requirements of this
section.
Pleasure Crajl under 24 metres in length
1. Every pleasure craft under 24 metres in length shall before it may be registered, be marlced
permanently and conspicuously to the satisfadon of the Director in accmdnnce with
paralimph 3.
[The inclusion of this page is authorized by L;N. 18~/2008)
THE SHIPPING (REGISTRATION O F SHIPS) REGULATIONS, 2005
SCHEDULE 2, contd.
PART 2: contd.
Pleasure Craft under 24 metres in length
2. The Director may exempt a pleasure craft under 24 metres ffom all or any of the
requirements of paragraph 3, subject to such conditions, if any; as he thinks fit.
3. A pleasure craft which is under 24 metres in length shall be marked as follows-
(a) the official number and registered tonnage are-
(i) to be marked on a readily accessible visible permanent part of the
structure of the pleasure craft either by cutting in, centre punching or
raised lettering; or
(ii) to be engraved on plates of metal, wood or plastic, secured to a readily
accessible visible permanent part of the structure with rivets: through
bolts with the ends clenched, or screws with the slots removed;
(b) the name and port of registry (unless exempted under paragraph 6), are to be
marked on a conspicuous and permanent part of the stem in letters of a
contrasting colour so as to be clearly visible, the letters being not less than 5
centimetres high and of proportionate breadth, or where this is not possible by
the alternative methods given below-
(i) by engraving on plates of metal or of plastic or by cutting in on a shaped
wooden chock. Where a shaped wooden chock is used it should be
secured to the hull through bolts, the ends being clenched; or
(ii) by individual glass reinforced plastic letters and numbers approximately
2 millimetres in thickness, fixed to the hull with epoxy adhesive, painted
with suitable paint, and coated with translucent, epoxy resin; and
(iii) where metal or plastic plates have been used these must be fixed by the
use of epoxy adhesives and coated with translucent epoxy resin after
they have been fixed in position.
4. A scale of decimeters, or metres and decimeters, denoting a draught of water shall be
marked on the pleasure craft, other than one which is exempted, on each side of its stem and
its stem post, as follows-
(a) in figures in 2 decimetres intervals, if the scale is in decimeters; and
(b) in figures at each metre interval and at intervening two decimeter intervals, if the
scale is in metres ahd decimetres.
5 . The capital letter 'M' being placed after each metre figure; the top figure bf the scale
showing both the metre and (except where it marks a full metre interval) the decimetre
figure; the lower line of the figures, or figures and letters, coinciding with the draught line
denoted thereby, the figures and letters being not less than one decimeter in length and being
marked by being cut in and painted in a contrasting colour so as to be clearly visible, or in
such other way as the Director may approve.
6. The name of a pleasure craft shall be marked in Roman letters and any numerals shall be in
Roman or Arabic numerals.
SCHEDULE 3 (RegulBtion 11)
Pam'euiars to be entered in register
1. The following information is to be registered in resped of each owner who is an
individual-
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THE SHIPPLVG (REGISTRATION OF SHIPS) REGUUTIONS, 2005
SCHEDULE 3, contd.
(a) surname, forename and title;
(b) address;
(c) nationality;
( 4 number of shares owned by him, and if held jointly, with whom the shares are
held and
(e) the name of the managing oyner.
2. The following information is to be registered in respect of each owner which is a body
corporate-
(a ) name of owner,
(b) the address of its registered office;
(c) country of incorporation and place of business; and
( 4 number of shares owned by the company and if held jointly, with whom the
shares are held
3. The following information is to be registered in respect of any managing owner or agent-
(a) the full nameof the individual or body corporate; and
(b) the address of the individual or the place of business of the body corporate.
4. The following information is io be registered in respect of ships registered or to be
registered in the Register of Jamaican Ships under Part IV of the Act or Part V of these
Regulations-
(a) name;
(b) IMO Number;
(c) radio call sign;
( 4 Port of registry;
(e) official number;
(fl year of build;
(g) method of propulsion, e.g., whether sail, steam, motor or dumb;
(h) where built;
(i) name and address of builders;
date keel laid/when built;
(k) length-metric units;
(0 breadthmetric units,
(m) depth-metric units,
(n) type of ship, e.g., dry cargo, oil tanker, passenger, bulk carrier;
(0) material used to construct hull;
@) gross tonnage;
(q) net tonnage;
(r) registered tonnage m the case of a pleasure crsft less than 24 metres m length;
(s) make and model of engine (s); and
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W E SHIPPNG (REGISTRITION OFSHIPS) REGULATIONS,. 2005
SCHEDULE 3, contd.
(I) total power of engines in kilowatts.
5. In addition to the information in paragraph 4, the following is to be registered in respect of
bareboat chartered ships-
(a) the name and address of the owner,
(b) the name and address of the charterer,
(c) the name and address of any representative person;
( 4 ship identification number and national identification number or official
number,
(e) state of primary registration;
(1) commencement date of the charter period and its expiry date; and
(g) the name by which the ship is known in the underlying registry (or a translation
of that name).
6. The following information where relevant is to be registered in the Register of Ships under
Construction under Part IV of the Act.
(b) number and year of current r eg iw ,
(c) Jamaican Ship Registry identity number;
( 4 where being buit;
(e) name and address of builders;
(1) date keel laid;
(g) type of ship (e.g. dry cargo, oil tanker, chemical tanker, passenger, bulk camer,
pleasure yacht, etc.);
(h) material used to construct the hull;
(i) estimated length of the ship (metric units);
estimated breadth of the ship (metric units);
(k) estimated depth of the ship (metric units);
(I) estimated overall length (metric units);
(m) number of transverse bulkheads,
(n) number of masts;
(0) intended method of propulsion (e.g. whether sail, steam, diesel-electric, motor or
dumb, etc.);
@) estimated gross tonnage;
(q) estimated net tonnage;
(r) estimate registered tonnage (pleasure crafts under 24 metres in length);
(s) name and address of registered owner as agreed between builder and client;
(I) nationality (individual);
(v) country of incorporation (body corporate);
(v) authorized representative;
(w) main particulars of the construction contract;
(x) yard number or other information identifying the ship.
lThe inclusion of this page is authorized by L.N. 18d20081
THE SHIPPNG (REGISTIUTION OFSHIPS) REGULATIONS. 2005
SCHEDULE 4 (Regulation 14)
Information ro be included in a Cerhpcare ofRegistry
1. A Certificate of Registry for a ship registered or to be registered under Part IV of the Act
shall contain-
(a) the full name and address ofthe owners;
(6) the number of shares owned by each owner and if any are jointly owned, with
whom they are owned:
(c) the following information about the ship-
(i) name;
(ii) IMO number;
(iii) radio call sign;
(iv) port of registry;
(v) official number;
(vi) year of build;
(vii) method of propulsion, e.g., whether sail, steam, motor or dumb;
(viii) length-metric units;
(ix) breadth-metric units;
(x) depth-metric units;
(xi) type of ship, e.g, dry cargo, oil tanker, passenger, bulk carrier;
(xii) gross tonnage;
(xiii) net tonnage;
(xiv) registered tonnage in the case of a pleasure craft less than 24 metres in
length;
(xv) engine make and model; and
(xvi) engine, power in kilowatts;
( 4 the date of issue of the certificate.
2. A certificate of bareboat chatter registry for ships registered or to be registered under Par( V
of these Regulations shall contain the details prescribed by paragraph 1 (a), (c) and ( 4 and
the following-
(a) the name and address of the charterer,
(6) national identifying number or official number,
(c) state of primary registration;
( 4 original name (or a translation thereof) if different from its registered name;
(e) the date of expiry of the certificate.
SCHEDULE 5 (Regulations 2 1 and 32)
Approval ofchange ofname and change of names
1. Every application to the Director to approve a change of a name of a ship shall specify a
name which is in Roman letters: and the numerals shall be in Roman or Arabic numerals.
-
(The inclusion of this page Is authorized by L.N. 18d20081
W E SHIPPNG ((REGISlRATION OFSHIPS) REGULATIONS, 2005
2. In respect of an application to register a ship under Part IV of the Act or Part V of these
Regulations, the Registrar, pursuant to section 33 of the Act, shall not approve the proposed
name if it is-
(a) a name which may be confUsed with a distress signal; or
(6) A name which is prefixed by any letters or name which could be taken to
indicate a type of ship or any word, prefix or suffix which might cause confusion
as to the name of the ship.
3. Subjecq to paragraph 4, if the Registrar is satisfied that a name does not fall within section
33(3) (a) or (6) of the Act or paragraph (a) or (6) of paragraph 3 of the Schedule 5. He shall
notify the applicant in writing that the name is approved and the ship may be registered with
that name.
4. Notwithstanding that the Regishar is satisfied that a name is acceptable under paragraph 2
he may refuse to approve a name-
(a) which might cause offence or embarrassment; or
(6) which has a clear and direct connection with the Crown Royal family.
5. . Any approval given under paragraph 2 shall be valid only for the period of three months
beginning with the date it is notified to the applicant.
6. If the Registrar is not satisfied as mentioned in paragraph 3, he shall notify the applicant
accordingly.
7. Where the owner of a ship registered in Jamaica intends to replace it with another ship to be
registered under the same name, than, notwithstanding paragraph 5, the Registrar may, on an
application being made by the owner, reserve the name for a period of up to one year from
the date of closure of the registration of the f~ mentioned ship.
8. An application for a reservation under paragraph 7 shall be accompanied by a full statement
of the circumstances of the case.
lThe lncluslon of this page is authorized by L.N. 18d20081
THE SHIPPING ACT
ORDER
(under section 32)
(Made by the Minister on the 21st day @February, 2001)
1. This Order may be cited as the Shipping (Declaration of Port of
Registry) (Montego Bay) Order, 200 1.
2. The port of Montego Bay is hereby declared as the port of registry for
the registtation of ships under the Act.
L.N. 1W2001
lThe lncluslon of this page I s authorized by L.N. 18d2008I
SHIPPING
THE SHIPPING ACT
REGULATIONS
(under section 167)
THE SHIPPING (MEDICAL EXAMINATION) REGULATIONS, 1998
L. N. 46d98
(Made by the Minister on the 20th day of July, 1998, and having efect
on the 2nd day of Januav, 1999, the date of operation of the Act)
1. These Regulations may be cited as the Shipping (Medical Examination)
Regulations, 1998.
2 . 4 1 ) In these Regulations-
"appointed day" means the date on which these Regulations come into
operation;
"approved" means approved for the purpose by the Minister;
"chemical" means any liquid chemical listed in Chapter VI of the
publication of the Intergovernmental Maritime Consultative
Organization entitled "Code for the Construction and Equipment of
ships carrying Dangerous Chemicals in Bulk" and any relevant
supplement thereto;
"medical fitness certificate" means a certificate issued under regulation
7 (whether or not subject to restrictions) or a certificate deemed to be
equivalent thereto under regulation 5 or 6 ;
"offshore installation" has the meaning given in the United Nations
Convention on the Law of the Sea 1982.
(2) Any approval in pursuance of these Regulations shall be given in
writing and shall specify the date on which it takes effect and the conditions, if
any, on which it is given.
3 . 4 1 ) These Regulations apply to seagoing Jamaican ships.
(2) Regulations 13 and 14 apply to seagoing foreign ships when they
are in a Jamaican port or Jamaican waters, being ships which are of 1,600 GT
or over, including seagoing tugs, other then fishing vessels, pleasure craft and
offshore installations whilst on their working stations.
4.--(I) Subject to paragraph (4), no person shall employ a seafarer in a ship
unless that seafarer is the holder of a valid medical fitness certificate:'
[The inclusion o f this pnye is author~zed by L.N. 102/2001]
Provided that-
(a) any seafarer who has served at sea at any time during the two years
immediately preceding the appointed day may continue his seagoing
employment without such a medical fitness certificate for a period
of two years from that date;
(b) any seafarer, the validity of whose certificate expires while he is in
a location where medical examination in accordance with these
Regulations is impracticable, may continue to be employed without
such a certificate for a period not exceeding three months from the
date of expiry of such medical certificate.
(2) Subject to paragraph (4), no person shall employ a seafarer in a
ship in a capacity or in a geographical area precluded by any restriction in that
seafarer's medical fitness certificate.
(3) Subject to paragraph (4), no person shall employ a seafarer in a
ship carrying chemicals in bulk unless that seafarer is the holder of a valid
medical fitness certificate issued in respect of a medical examination undertaken
not more than twelve months previously, notwithstanding that the period of
validity specified in the medical fitness certificate may exceed twelve months.
(4) Paragraphs ( I ) , (2) and (3) shall not apply to the employment of-
(a) a pilot (who is not a member of the crew);
(6) a person employed in a ship solely in connection with the
construction, alteration, repair or testing of the ship, its machinery
or equipment, and not engaged in the navigation of the ship;
(c) a person solely employed in work directed to-
(i) the exploration of the seabed or subsoil or the exploitation
of their natural resources;
(ii) the storage of gas in or under the seabed or the recovery
of gas so stored;
(iii) the laying, inspection, testing, repair, alteration, renewal
or removal of any submarine telegraph cable; or
(iv) pipeline works (including the assembling, inspection,
testing, maintaining, adjusting, repairing, altering,
renewing, changing the position of, or dismantling a
pipeline or length of pipeline),
and is not engaged in the navigation of the ship in the deck, engine
room, radio, medical or catering department of that ship;
[The inclusio~i of this page is authorized by L.N 102/2001]
THE SHIPPING (MEDICAL EXAMINATION) REGULATIONS, I 998
(4 a person employed in a port who is not ordinarily employed at sea;
or
(e) a person employed in a ship solely to provide goods, personal
services or entertainment on board who-
(i) is not employed by the owner or the person employing
the master of the ship; and
(ii) has no emergency safety responsibilities.
5. Any certificate of medical and visual fitness for seafaring employment
issued by an approved medical practitioner to a seafarer in respect of a medical
examination conducted before the appointed day shall be deemed for the
purposes of these Regulations to be equivalent to a medical fitness certificate
issued under these Regulations.
6. Any medical fitness certificate issued to a seafarer in accordance with the
Medical Examination (Seafarers) Convention, 1946 (International Labour
Organization Convention 73 of 1946) or the Merchant Shipping (Minimum
Standards) Convention, 1976 (International Labour Organization Convention
147 of 1976)-
(a) by an authority empowered in that behalf by the laws of the country
outside Jamaica which is a party to any of those Conventions; or
(6) by an approved authority empowered in that behalf by the laws of
any other country outside Jamaica,
shall be deemed for the purposes of these Regulations to be equivalent to a
medical fitness certificate issued under these Regulations.
7.-41) Every applicant for a medical fitness certificate shall be examined
by an approved medical practitioner.
(2) If, upon such examination, the practitioner considers that the
applicant is fit, having regard to the medical standards specified in the First First
Schedule, he shall issue the applicant with a medical fitness certificate in the Schedule.
form set out in the Second Schedule, and that certificate may be restricted to Second
such capacity of sea service or geograph'cal area as the practitioner considers W m h l e .
appropriate.
(3) Where the medical practitioner considers that an applicant has failed
to meet the required medical standards, he shall give to that applicant notice of
such failure in the form set out in the Third Schedule. Third
Schedule.
8. An approved medical practitioner who issues a medical fitness certificate
under regulation 7 shall specify the period of validity of the certificate
[The inclusion of this page is authorized by L.N. 102/2001]
THE SHIPPING (MEDICAL EXAMINATION) REGULATIONS. 1 998
commencing with the date of the medical examination subject to the following
maximum periods-
( a ) in respect of seafarers under 18 years of age, one year;
( b ) in respect of seafarers 18 years of age and under 40 years of age,
five years;
( c ) in respect of seafarers 40 years of age and over, two years.
9 . 4 1 ) Paragraph (2 ) shall apply in any case where an approved medical
practitioner has reasonable grounds for believing that-
( a ) there has been a significant change in the medical fitness of a seafarer
during the period of validity of his medical fitness certificate; or
( b ) when the medical fitness certificate was issued the approved medical
practitioner, had he been in possession of full details ofthe seafarers
condition, could not reasonably have considered that the seafarer
was fit, having regard to the medical standards referred to in
regulation 7; or
(c ) the medical fitness certificate was issued otherwise than in
accordance with these Regulations.
(2 ) The approved medical practitioner shall notify the seafarer
concerned and may-
( a ) suspend the validity of the certificate until the seafarer has undergone
a further medical examination;
(b ) suspend the certificate for such period as he considers the seafarer
will remain unfit to go to sea; or
(c ) cancel the certificate if he considers that the seafarer is likely to
remain permanently unfit to go to sea.
1 0 . 4 1 ) Subject to paragraph (2), a seafarer who is aggrieved by-
( a ) the refusal of an approved medical practitioner to issue him with a
medical fitness certificate; or
(b) any restriction imposed on such a certificate; or
( c ) the suspension of a certificate for a period of more than three months
or cancellation of a certificate pursuant to regulation 9,
may apply to the Director for the matter to be reviewed by a single referee
appointed by the Director.
[The inclusion of this page is authorized by L.N. 102/2001]
THE SHIPPING (MEDICAL EXAMINATION) REGULATIONS, 1998
(2) An application for a review shall be made in the form set out in the
Fourth Schedule only by- Fourth
Schedule.
(a) a seafarer who has served at sea at any time during the two years
immediately preceding the appointed day; or
(b ) a seafarer who has held a valid medical fitness certificate at any
time during the two years immediately preceding that refusal,
imposition of a restriction, suspension or cancellation.
(3) Any such application shall-
(a) be submitted to the Director within one month of the date on which
the seafarer is given notice of the refusal, imposition of a restriction,
suspension or cancellation (or such longer period as the Minister
may determine if delay is caused by the seafarer's employment on
board ship away from Jamaica); and
(6) include a consent to the provisions of a report to the medical referee
by the approved medical practitioner responsible for the refusal,
imposition of a restriction, suspension or cancellation; and
(c) specify the name and address of that practitioner.
(4) The medical referee to whom the matter is referred by the Director
shall-
(a) obtain a report from the approved medical practitioner by whom
the applicant was examined and shall examine the medical condition
of the applicant;
( b ) if the applicant so requests, disclose to the applicant the report of
the approved medical practitioner and any other evidence not
produced by the applicant himself but such disclosure is not required
to be made if the medical referee considers that disclosure would
be harmful to the applicant's health;
(c) have regard to any relevant medical evidence, whether produced
by the applicant, his employer, or otherwise, and whether or not
disclosed as aforesaid.
(5) In the light of the medical evidence before him, the medical referee
shall, if he considers thatthe applicant is fit having regard to the medical standards
referred to in regulation 7, issue the applicant with a medical fitness certificate
in the approved form.
(6 ) Where the medical referee considers that restrictions should be
imposed as to capacity or geographical area other than those imposed on the
[The inclumon ofthis page is authorized by L N. 10212001)
THE SHIPPING (MEDICAL EXAMINATION) REGULATIONS, I998
medical fitness certificate issued to the applicant or that any restrictions so
imposed should be deleted or varied, he shall-
(a) issue to the applicant a revised medical fitness certificate and the
former certificate shall thereupon cease to have effect;
(6) in any other case, notify the applicant of his decision.
(7) Action by the medical referee under paragraph (5) or (6 ) shall be
taken not later than two months from the date on which the application for
review is submitted to the Director (who shall notify the medical referee of the
date) or within such longer period as the Director may determine.
1 1. Any approved medical practitioner who conducts a medical examination
in accordance with these Regulations shall-
(a) make and retain for six years a record in the form set out in the
Fifth Fifth Schedule of each such medical examination; and
St:hedule.
(6) send to the Director at his direction a return of all such examinations
Sixth in the form set out in the Sixth Schedule.
Schedule.
12. An inspector duly authorized by the Director may inspect any Jamaican
ship and may detain the ship if upon inspection the inspector is satisfied that-
(a) any seafarer whose employer is required by regulation 4 to ensure
that he is the holder of a medical fitness certificate is unable to
produce such a certificate; and
(6) the state of his health is such that the ship could not sail without
serious risk to the safety and health of those on board.
13.--(I) An inspector duly authorized by the Director may inspect any
foreign ship when the ship is in a Jamaican port, and if, upon such inspection,
he is satisfied that any seafarer is unable to produce a valid medical fitness
certificate he may-
(a) send a report to the government of the country in which the ship is
registered, and a copy thereof to the Director General of the
International Labour Organization; and
(6) subject to paragraph (2), where he is satisfied that conditions on
board are hazardous to safety or health-
(i) take such measures as are necessary to rectify those
conditions; or
(ii) detain the ship.
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THE SHIPPING (MEDICAL EXAMINATION) REGULATIONS, 1998
(2) Measures referred to in paragraph (1) (6) may be taken only when
the ship has called at a Jamaican port in the normal course of business or for
operational reasons.
(3) If the inspector takes either of the measures specified in paragraph
(1) (6) he shall forthwith notify the nearest maritime, consular or diplomatic
representative of the flag state of the ship.
14. Sections 322 and 433 to 435 of the Act shall have effect in relation to a
ship detained under these Regulations.
15. An employer who contravenes regulation 4 shall be guilty of an offence
and on summary conviction in a Resident Magistrate's Court shall be liable to
a fine not exceeding two hundred thousand dollars.
FIRST SCHEDULE (Regulation 7)
MEDICAL AND VISUAL STANDARDS FOR SERVlNG SEAFARERS
General Introduction
I . Seafaring is a potentially hazardous occupation, which calls for a high standard of health
and fitness in those entering or re-entering the industry. A satisfactory standard of continuing
good health is necessary for serving seafarers throughout their career because of the high inherent
risks of the occupation. It is better, therefore, at an initial examination, to exclude an application
if there is any doubt about his continuing fitness. Flexibility should be exercised only during
examinations of retention.
2. These medical and visual standards, which have been based on standards prepared by
shipping industry doctors, give guidance on the health criteria to be met. Allowance should be
made for the inevitable impairment of health that time and chance bring, so that a reasonably fit
seafarer can, if he wishes it, continue at sea until the approved age of retirement. Firm
recommendations have been made to exclude those suffering from medical conditions considered
to be incompatible with continued seafaring.
3. It is clearly impossible to encompass within the standards specific advice on every medical
condition. However, as a general rule the medical examiner should be satisfied in each case that
no disease or defect is present which could either be aggravated by working at sea or rcpresent an
unacceptable health risk to the individual seafarer, other crew members or the safety of the vessel.
4. Apart from the purely medical aspects, the occupational background should be considered
especially in all cases where there is doubt. It is necessary to emphasize that a ship is not only a
place of work requiring attention throughout the day and night but also a temporary home in
which the crew must eat, sleep, and find recreation. Most important of all is the need to adjust to
each other, often for long periods, during a voyage.
5 . Much is done to ameliorate living and working conditions but certain characteristics remain.
A crew is a closed community living in a ship that is seldom quiet or still.lndividual eating habits
and tastes cannot easily be met; facilities for physical exercise are limited: forced ventilation
systems are used; the tedium of routine can easily become oppressive in the absence of normal
diversion enjoyed by those ashore. An inability to fit in, or unwillingness to take responsibility,
or accept a reasonable measure of necessary 'discipline, could impair the safe efficient working of
the ship.
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THE SHIPPING (MEDICAL EMMINATION) REGULATIONS. 1998
6 . Very few merchant ships carry doctors. Acute illness or injury is dealt with by designated
ships' officers whose training is limited to first aid or medical aid treatment It should be borne in
mind that a crew complement is carefully adjusted in terms of size. Sickness can throw a burden
on other crew members or even impair the efficient working of a ship. The examining doctor
should therefore be satisfied that no condition is present which is likely to cause trouble during a
voyage and no treatment is being followed which might cause worrying side effects. It would be
unsafe practice to allow seafaring with any known medical condit~on where the possibility of
serious exacerbation requiring expert treatment could occur as a calculated risk
7. The absence of doctors in most ships means that seafarers will not be able readily to
consult a doctor or obtain special treatment until the next port of call. Ship turnabout in ports is
often very rapid allowing no time for necessary investigation subsequent to consultation with a
doctor.
8. The standard of medical practice abroad varies, and facilities may not be available at
smaller, remote ports. It is doubtful that it is wise to permit seafaring if the loss of a necessary
medicament could precipitate the rapid deterioration of a condition.
9. It should be remembered that some trades will require lengthy periods in different climates
and most seafarers will need to join and leave ships by air travel. They should, therefore, be free
from any conditions, which preclude air travel, e.g. pneumothorax and conditions which predispose
to barotrauma.
10. Where medication is acceptable for serving seafarers, arrangements should be made for a
reserve stock of the prescribed drugs to be held in a safe place, with the agreement of the ship's
master.
EMPLOYMENT STANDARDS AND ADMINISTRATIVE PROCEDURES
Frequency of Medical Examination
I .-(I) All seafarers below the age of 18 shall have a yearly medical examination.
(2) Seafarers between the ages of 18 and 40 shall be examined at intervals not exceeding
five years.
(3) Seafarers aged 40 years and over shall be examined at intervals not exceeding two
years.
(4) Seafarers serving on bulk chemical carriers shall be subject to annual examinations
and blood tests at yearly or more frequent intervals, according to the nature ofthe cargo.
2. The value of medical surveillance, after sickness absence, in maintaining the health of the
seafarer should not be forgotten, particularly after illness ashore lasting for a month or more.
3.-(I) Disposal in accordance with the Medical and Visual Standards for seafarers is as
follows-
The standard has been met-
A. for unrestricted sea service;
Note: category A (T) may be used where a serving seafarer can be considered fit for
all shipping trades, geographical areas, types of ships or jobs but where medical
surveillance is required at intervals. The medical certificate should be validated
only for the appropriate period which would take into account the expected
duration of the tour of duty.
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THE SHIPPING (MEDICAL E?IA~IINATION) REGULATIONS, I998
E. for restricted service only;
Restriction
The standard has not been met-
B. permanently
C. indefinitely: review in .......................... months
D. temporarily: review in ........................... weeks.
(2) Approved doctors should make full use of the categories E, C, and D before declaring
a serving seafarer permanently unfit.
(3) It is the responsibility of the employer, or those authorized to act on his behalf, to
ensure that the category recommended by the approved doctor is taken fully into account when
the engagement or the continued employment of a seafarer is under consideration.
4.-(1) Article 4 1LOConvention 73 states that "when prescribing the nature oi'the examination,
due regard shall be had to the age ofthe person to be examined and the nature and duties performed".
In addition, Article 3 of the same Convention states that a serving seafarer should have a medical
certificate "attesting to this fitness for the work which he is to be employed at sea".
(2) In reaching his conclusion, the doctor should therefore consider any medical conditions
present, the age and experience of the seafarer, the specific work on which he will be eniployed
and the trade in which he will be engaged-where this can be determined.
(3) If a seafarer is found to be fit to continue in his present job but does not meet the full
category "A" standard a restricted service certificate must be issued stating the restrictions
applicable.
5.-(1) The standards are framed to provide the maximum flexibility in their interpretation
compatible with the paramount importance of maintaining the safety of vessels at sea and the safe
performance of the serving seafarer's duties whilst, at the same time, protecting his health.
(2) Conditions not specified in the standards, which interfere with the)ob requirements,
should be assessed in the light of the general principle outlined above.
6. It may be necessary on occasions and, with the seafarer's consent, for the approved doctor
to consult the general practitioner. When it is necessary to consult with other doctors the usual
ethical considerations will pertain, but it should be clearly understood that the decision on fitness
in accordance wth the required medical standard, rests with the approved doctor, subject to the
medical appeal machinery.
7. Full clinical notes should be kept of any detailed medical examination. All sections of the
approved form of report should be completed without exception and the form retained for six
years.
Restricted Service
8. Restricted service means that the serving seafarer's employment is restricted to certain
shipping trades, geographical areas, types of ships or jobs for such periods of time as may be
stipulated by the approved doctor. The type of restriction and the length of time it will operate
should be made clear. The requirements of an advised treatment regimen should never be set
aside.
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THE SHIPPING (MEDICAL EXAMINATION) REGULATIONS. 1 998
9. Unl~ke many industries, there is no light work at sea-although the physical requirements
may vary between types of ships, their departments and individual jobs in them, all jobs need an
acceptable degree of fitness, in accordance with these standards. which is uniform for all shipping
trades. For instances, coastal and ferry work can be arduous and uncomfortable even though the
voyages may be short. Tlierefore, restriction to these types of work should be advised only ifthe
shortness of the voyage will permit adequate treatment andlor surveillance of a condition which
is not affecting the performance of the seafarer's duties.
Permanent UnJrness
10. In a serving seafarer, a decision of permanent unfitness sliould be reached only after a full
investigation and consideration of the case and should be fully discussed with the seafarer. The
seafarer's medical practitioner should be informed of' the reasons for it in the context of the
medical standards, provided permission to do so has been obtained from the seafarer.
Medical Appeals
I I. All serving seafarers found permanently unfit or fit only for restricted service have a right
of appeal to an independent Medical Referee appointed by the Director. Wherever possible, Medical
Referees should be assisted by the disclosure, in confidence, of any necessary medical information.
2 - ( I ) Medical referees are empowered, while working to the same standards-
( a ) to ensure that tlic diagnosis has been established beyond reasonable doubt, in
accordance with the medical evidence on which the approved doctor reached his
decision and, normally, with the assistance of a repon from a Consultant i ~ ; the
appropriate specialty;
( h ) to determine whether the standards have been properly interpreted; and
( c ) to consider the possibility of a seafarer, previously declared permanently unfit,
returning to sea.
(2) In cases not provided for in the Medical Standards or for Category "B" conditions
where exceptional medical considerations apply, the medical referee should decide . . -
an appropriate diagnosis after consultation with the approved doctor involved and
consideration of all the evidence presented to him
MEDICAL STANDARDS
I. INFECTIOUS DISEASES
Gastro-Intestinal Infectious Diseases-D until satisfactorily treated. Special care should be
taken in respect of catering staff
Other Infectious or Contagious Diseases-D until satisfactorily treated.
Active Pulmonary Tuberculosis
When the examining doctor is satisfied, on the advice of a chest physican, that the lesion is
fully healed and that the patient has completed a full course of chemotherapy, then re-entry
should be considered. In such cases, Category "A(T)" would be appropriate initially to allow for
adequate surveillance.
Cases where either one or both lungs have been seriously affected are rarely suitable for re-
employment.
All relapses cases should be 8.
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THE SHIPPING (MEDICAL EXAMINATION) REGULATIONS, 1998
Sexually Transmissible Diseases
All cases of acute infection are D while under treatment. Cases under surveillance fiaving
finished treatment will usually be fit for normal service but restricted service may be nemssary if
facilities for supervision are inadequate. In all cases evidence of satisfactory tests of cure should
be produced.
AIDS-All confirmed cases-B.
11. MALIGNANT NEOPLASMS
Malignant Neoplasms-including Lymphoma, Leukaemia and similar conditions.
Each case should be graded C on diagnosis. Later progression to Categories A, A(T), E or B
should be dependent on assessment of progress, prognosis, measure of disability and the need for
surveillance following treatment. No unrestricted A grading should be given within 5 years of
completion of treatment, except in cases of skin cancer.
111. ENDOCRINE AND METABOLIC DISEASES
I . Thyroid Disease
Serving seafarers developing thyroid disease-D for investigation, then A, A(T), E or B on
case assessment.
2 . All other cases of endocrine disease in serving seafarers-D for investigation, upon which
assessment will depend.
3. Diabetes Mellitus-
(a) all cases requiring insulin-B;
( b ) serving seafarers whose diabetes is controlled by food restriction; an initial period of
6 months should be allowed to achieve stabilization--€. Thereafter, to be subject to
medical review at appropriate intervals. The current treatment regimen should be
confirmed with the general practitioner at each review. A(T);
(c) serving seafarers requiring hypoglycemic agents: an initial period of6 months should
be allowed to achieve stabilization--€. Thereafter. in the absenoe ofanv comolication. . .
service may be considered sub,ject to 6 monthly medical reviews and assessment for
suitable job and sea trade. A(T) on assessment.
4. Obesity
A general degree of obesity, with or without complications, and adversely affecting exercise
tolerance/mobility/general health-D for treatment.
Refractory or relapsing cases-B.
Note: A standard set of heightlweight tables (preferably the Metropolitan Life tables) should be
used making an allowance of up to 25 per cent excess weight.
IV. DISEASES OF THE BLOOD AND BLOOD FORMING ORGANS
There should not be any significant disease of tlie haemopoetic system.
Unexplained or symptomatic anaemia-D. Then A, A(T), E or B on case assessment
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W E SHIPPING (MEDICAL EX4MNA77ON) REGULAiVONS, I998
FIRST SCHBDULE, contd.
V. MENTAL DISORDERS
Acute Psychosis, whether organic, schizophrenic, manic depressive or any other psychosis
listed in the International Classification of D i s e a s e B .
Alcohol Abuse (Dependency)
If persistent and affecting health by causing physical or behavioural disorder-B.
Drug Dependence
A history of abuse of drugs or substances within the last 5 years-B.
Psychoneurosis-D for assessment
Chronic or recurrent-B.
VI. DISEASES OF THE NERVOUS SYSTEM AND SENSE ORGANS
Organic Nervous D i s e a s ~ s u a l l y B, especially those conditions causing defect of muscular
power, balance, mobility and co-ordination.
Some minor located disorders not Eahsing symptoms of incapacity and unlikely to progress,
may be A.
&U~PY
Any type of epilepsy since the age of 5 years-B.
A single fit in a serving seafarer-D for investigation. Then, providing that the past medical
history is clear and investigation has shown no abnormality; reentry can be considered after 1
year without treatment or after I year following the cessation of treatment.
A serving seafare-not directly involved with the safety of the ship or any of its passengers-
with established epilepsy controlled, without fits, for a minimum period of 2 years, may be
considered for service on a vessel carrying a medical officer-E.
Serving seafarers who have had cranial surgery or significant traumatic brain damage-C for
12 months-then A, B or E on case assessment.
Migraine-slight infrequent attacks responding quickly to treatment-A. Frequent attacks
causing incapacity-B.
Syncope and other Disturbances of Conscipess-D for assessment. Recurrent attack
with complete or partial loss of consciousness should be B.
Meniere's Disease-B. -
I
SPEECH DEFECTS
If it is likely to interfere with communication-B.
EAR
Acute and Chronic Otitis Externa-D. Should be completely healed before returning to
sea. Care is required for passing fit for tropics.
Acute Otitis Media-D. Until satisfactorily treated.
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THE S W I N G (MEDICAL EXAMINATION) REGULATIOKS. 1998
Chronic Otitis Medin--D. May become A or E atler satisfactory treatment or surgery. Special
care is required in passing fit for tropics. where air trayel is required, or if the,job requires food
handling.
Loss of Hearing-A degree of impairment sufficient to interfere with communication-B.
llnilateral Complete Loss of Hearing in serving seafarers-assessnie~it of this condition
should be considered in relation to the job.
A serving seafarer in whom impaired hearing acuity is found should be referred for fill1
investigation by an ENT surgeon.
Hearing Aids. The use of a satisfactory hearing aid at work by certain catering department
personnel could be considered where not hearing an instruction would not result in a danger to
the seafarer or others. The hearing aid should be sutficiently etfective to allow communication at
normal conversational tones.
The use of a hearing aid by those working in, or associated with, the deck or engine room
departments, including electricians and radio officers, should not be permitted.
VII. CARDIOVASCULAR SYSTEM
The Cardiovascular System should be free from acute or chronic disease causing significant
disability.
Valvular disease causing significant impairment or having required surgery-6.
Satisfactorily treated patent ductus arteriosus or arterial septa1 defect could be accepted
HYPERTENSION
All cases D for investigation. then--
Serving seafarers with hypertension whose blood pressure can be maintained below 1701
lOOmm by dietary control-A(T) for annual assessment.
Serving seafarers whose blood pressure can be maintained below 170IIOOni1n by anti-
hypertension therapy without significant side effect-A(T) to allow for health surveillence end to
ensure, that arrangements have been made for continuation of treatment.
All other cases-6.
ISCHAEMIC HEART DISEASE
A history of Coronary Thrombosis-B.
Confirmed Angina-B
OTHER CARDIOVASCULAR DISORDERS
Any clinically significant abnormality of rate or rhythm or disorder of conductiow-B.
CEREBRO-VASCULAR DISEASE
Any ctrcbro-varcular accident including transient ixhrernic attacks-B.
General cerebral arteriosclerosis including dementia and senility-B.
DISEASES OF ARTERIES
A history of intermittent claudication: including any case where vascular surgery was
required-B.
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THE SHIPPING (MEDICAL EYAMNATION) REGULATIONS, 1998
DISEASE OF THE VEINS
Varicose Veins--slight deg reeA. Moderate degree without symptoms or oedema may be
A, but with symptoms D for treatment. Recurrent after operation, with symptoms-C for further
surgical opinion or, if not suitable, for further treatment-B.
Chronic varicose ulceration-B. Thin unhealthy scars of healed ulcers or unhealthy skin of
varicose eczema-B.
Recurrent or persistent deep vein thrombosis or thrombophlebitis-B. 1
Haemorrholds-not prolapsed, bleeding or causing symptoms-A. Other cases should be D
until satisfactory treatment has been obtained.
Varicocoelo-symptomless-A. With symptoms-D or surgical opinion.
VIII. RESPIRATORY SYSTEM
The respiratory system should be fkee from acute or chronic disease causing significant
disability.
Acute Sinusitis-D until resolved.
Chronic Sinusitis-if disabling and frequently relapsing despite treatment-B.
Nasal Obstruction, septal abnormality or polypus-D. Until satisfactorily treated.
A history of frequent sore throats or unhealthy tonsils with adenitis-D. Until satisfactorily
treated.
Chroolc Broncbltis andlor Emphysema--Class depends on severity. Mild uncomplicated
casts with good exercise tolerancemay be A, but cases with recurrent illness causing significant
disability in relation to the job should be B.
Bronchial Antbm.--D for investigation. If confirmed-B.
Except for a history of bronchial asthma resolving, without recurrence, before the age of 16.
Occupational Asthma-E to avoid the allergen.
Pocumothorax
All cases to be classified C for least'l2 months. With recurrences-B. f
IX. DISEASE OF THE DIGESTIVE SYSTEM
DISEASES OF THE ORAL CAVITY
Mouth or gum infection-D until satisfactorily treated.
Dental defects-D until satisfactorily treated. Seafarers should be dentally fit.
DISEASES OF THE OESOPHAGUS, STOMACH AND DUODENUM
Peptic Ulceration-D for investigation.
Cases of proven ulceration should not return to seafaring until they are free from symptoms.
There should also be evidence of healing on gastroscopy and the seafarer should have been on an
ordinary diet, without treatment, for at least 3 months-A(T).
THE SHIPPING (MEDICAL EXAMINATION) REGULATIONS. 1998
Where there has been gastro-intestinal bleeding, perforation or recurrent peptic ulceration (in
spite of maintenance H2 blocker treatment) or an unsatisfactory operation result-nornially B.
Recurrent attacks of Appendicitis-D pending surgical removal.
Hernia-D until repaired.
Diaphragmatic Hernia-to be assessed according to the disability.
Non-Infective Enteritis and Colitis
Severe or recurrent requiring special diet-B
Intestinal Stoma-B
DISEASES OF THE LIVER AND PANCREAS
Cirrhosis of the Liver-D tor investigation, then where condition is serious or progressive
and/or where complications such as oesophageal varices or ascites are present-B.
Biliary Tract Diseases
After complete surgical cure-A or A(T) on case assessment.
Pancreatitis
Recurrent pancreatitis and all cases where alcohol is an aetiological factor-B.
X. DISEASES OF THE GENITO-URINARY SYSTEM
All cases of proteinuria, glycosuria or other urinary abnormalities should be referred for
investigation.
Acute N e p h r i t i s D until resolved.
Subacute of Chronic Nephritis o r Nephrosis-D for investigation, then E or B on case
assessment.
INFECTIONS OF KIDNEY
Acute urinary infection-D until satisfactorily treated. Recurrent cases-B unless full
investigation has proven satisfactory.
Renal o r llretic Calculus-D for investigation and any necessary treatment. An isolated
attack of renal colic with passage of small calculus may be A after a period of observation,
provided urine and renal function remain normal and there is no clinical and radiological evidence
of other calculi. Recurrent stone formation-B.
llrinary Obstruction-from any cause-D for investigation, B if not remediable.
Removal of Kidney-In serving seafarers, provided remaining kidney is healthy with normal
function-A(T). Such cases may be unsuitable for service in the tropics or other conditions of
high temperature-E.
Renal Transplant-B.
Incontinence of Urine--D for investigation. If Irremediable-9.
Enlarged Prostate-D for investigation.
Hydrocoele
Small and symptomle~s-A.
Large and/or recurrent D or'/ if untreated, B.
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THE SHIPPING (MEDICAL EXAMINATION) REGULATIONS, 1998
Abnormality of'the Pr in~ary and Secondary Sexual Characteristics-D for investigation,
upon which final assessment will rest.
GYNAECOLOGICAL CONDITIONS
There should be no gynaecological disorder or disease such as heavy vaginal bleeding, lower
abdominal pain or prolapse of the genital organs likely to cause trouble on the voyage or affect
working capacity.
XI. PREGNANCY
The doctor should discuss with the seafarer the implications of continuing to work at sea,
particularly if it is a first pregnancy.
A seafarer with a normal pregnancy before the 28th week may be permitted to work on short
haul trips or a long haul trip on a vessel carrying a doctor-E-to allow for ante-natal care.
Employment shall not be permitted atter the 28th week of pregnancy until at least 6 weeks
after delivery.
Abnormal Pregnancy, on diagnosis-4.
XII. SKlN
Special care is rt yired in passing fit for care in the tropics if there is a history of skin trouble.
Catering staff in parwular should have no focus of skin septic.
Any condition liable to be aggravated by heat, sea, air, oil, caustics or detergents--or due to
specific occupational allergens may be A(T), B, C, D or E on case assessment. D-Until
satisfactorily treated.
INFECTIONS O F SKlN
A c n c M o s t cases A but severe pustular cystic acne-B.
OTHER INFLAMATORY SKlN CONDITIONS
A topic Dermatitis and Related Conditions-D until satisfactorily treated.
Contact Dermat i t i sD. Refer for dermatological opinion.
Acute Eczema-D. No seafarer should return to duty until skin is healthy.
Recurrent Eczema of more than minimal extent-B.
Psoriasis-Most cases can be A, but some widespread or ulcerated cases should be D for
treatment. Severe cases resistant to treatment, frequently relapsing or associqted with joint disease.
XIII. MUSCULO-SKELETAL SYSTEM
It is essential that seafarers should not have any defect of the musculo-skeletal system which
might interfere with the discharge of their duties; muscular power, balance, mobility and co-
ordination should be unimpaired.
Os teo-ar thr i t i sD for assessment.
Advanced cases where disability is present-B.
Normally a limb prosthesis would not be acceptable.
Back Pain
Recurrent incapacitating back pain-B.
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THE SHIPPING (MEDICAL EXAMINATION) REGULATIONS, 1998
Eyesight Standards
I . No person should be accepted for training or sea service if any irremediable morbid
condition of either eye, or the lids of either eye, is present and liable to risk of aggravation or
recurrence.
2. Binocular vision is necessary for all categories of seafarers. However, the following
monocular seafarers should be allowed to continue at sea-
(a) seafarers in deck department employment with a satisfactory record ofservice prior
to September 1, 1976 and not requiring visual aides;
(b) seafarers in non-deck employment with a satisfactory record of service prior to 1983.
3. In all cases where visual aids (spectacles or contact lenses) are required for the efficient
performance of duties, a spare pair must be carried while seafaring. Where different visual aids
are used for distant and near vision, a spare pair of each must be carried.
4. The distant vision standard for the watchkeeping deck department personnel is identical
to the requirements of the Maritime Services Authority letter test for applicants to enter the
examination for a certificate of competency.
Colour Vision
5. The methods of testing colour vision differ.
6. Colour vision for deck otticers and ratings may be regarded as normal, when using the
lshihara method, if plates I , I I , 15, 22 and 23 are read correctly.
7. A seafarer, with a record of efficient service, who is required to pass the modified colour
vision test but fails, should be given the opportunity to pass a suitable trade test.
Deck Department
Officers, Cadets, Apprentices and Distant Vision Near vision Colour Vision
Ratings both eyes to-
Better Eye Other Eye Together gether aided
or unaided
vision
Seafarers required to under-
take look out duties and
under the age of 40 years
With or without glasses or
contact lenses
Unaided vision not less than
Seafarers required to under-
take lookout duties and
over the age of 40 years.
With or without glasses
or contact lenses
Unaided vision not less than
A visuat acuity Normal
sufficient to
cany out duties
efficiently
616 619 616 - -
6/12 6/24 6/12 - -
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THE SHIPPING (MEDICAL EXAMINATION) REGULATIONS I998
Ofticers, Cadets, Apprentices and Distant Vision Near vision Colour Vision
Ratings both eyes to-
Better Eye Other Eye Together gether aided
or unaided
vision
Seafarers required to
operate lifting plant
of type used in dock-
work, etc.
With or without visual
aids 619 61 12 619 -
Unaided vision not 6/60 6/60 6/60 -
less than
Seafarers not required
to perform the duties in
l , 2 o r 3
Aided vision if necessary 6/18 6/60 6/18 -
Other Departments
Engine Room aided vision if
necessary 611 8 6/60 611 8 A visual Personnel should
acuity pass the modified
sufticient colour test on
to carry charts supplied.
out duties
efliciently.
See para. 2
- -- - -
Radio Ofticer. Electrician Officer A visual acuity (aided if necessary) These officers
sufticient to carry out duties effi- should pass the
ciently. Less than 6/60 in the "other modified colour
eye" is ucscceptable. test as for engine
Monocular sight-B room depart-
ment
See para. 2
Catering Dept. and Miscellaneous A visual acuity (aided if necessary) Not tested.
(including Surgeon. Purser, etc.) sufficient to carry out duties
efficiently. Less than 6/60 in the
"other eye" is unacceptable. Mono-
cular sight-B. See Para. 2.
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THE SHIPPING (MEDICAL EXAMINATION) REGULATIONS, I998
SECOND SCHEDULE (Regulation 7)
MARITIME AUTHORITY OF JAMAICA
MEDICAL FITNESS CERTIFICATE
Issued under the Shipping (Medical Examination) Regulations, 1998
Seafarer's Name ........................................................................ Discharge Book No .................. .
........................................................................ Date of expiry of this Certificate ............ .............
*Delete as appropriate I certify that I have examined the seafarer named
above to the Medical and Visual Standards for
Serving Seafarers as contained in the First Schedule
of the abovenamed Regulations and have found *him/
her fit for seafaring subject to the following
restrictions:
OFFICIAL STAMP Signed ............................... .......................................................
(A Registered Medical Practitioner approved by the
Authority)
Date of Examination .....................................................................................................................
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THE SHIPPING (MEDICAL EXAMINATION) REGULATIONS. 1998
THIRD SCHEDULE (Regulation 7)
FORM OF NOTICE OF FAILURE TO MEET MEDICAL FITNESS
STANDARDS FOR SEAFARERS
TO:
.............. ...................................................... Thi:ii part to be Full Name ................ . Discharge Book No.
completed by
medical
examiner.
I have examined you in accordance with the standards of fitness tor seafarers, as contained in
the First Schedule of the Shipping (Medical Examination) Regulations, 1998 and found that you
are
( * A(T) Fit for full range of duties but for restricted period only
( * E Fit for restricted service only
........................... (C + Indefinitely unfit for sea service. For review in months
(€3 + Permanently unfit for service
.... ................. (D + Temporarily unfit for service: review in . . weeks.
For the following reasons
Ol'ficial stamp Signed .......................................................................................................................................
or address and
Tf:'ephOne Date ...............................................................................................................................................
No.
* Restrictions, if applicable, will be detailed in the Medical Fitness Certificate.
+ Delete if not applicable.
Any application for review of the above decision must be lodged within one month of the date
of the examination and shall be made in the prescribed form.
[The ~nclusionof this page is author~ud by L.N. 102/2001]
APPLICATION FOR REVIEW 01: DECISION TO:
*Refuse to issue a Medical Certificate
*Impose Restriction on Medical Certificate
*Suspend or Cancel Medical Certificate
(Delete whichever is inapplicable)
1 hereby apply for a review of the above decision and request that arrangements be made for
me to be examined by an independent medical referee.
I agree that a report of my case may be suh~iiitted to the medical referee by the medical
practitioner concerned.
I understand that 1 am entitled to present any medical evidence available to me in support of
my case and agree to any medical report prepared by the above doctor being made available to the
medical referee.
'This part to be
completed by
tlie person
who is
Signed ................................................................. Address .................................................. appealing.
Name (in block letters) ..............................................................................................................
.............................................................................. Telephone No. (if available) ....... ..
Note: Before lodging an appeal you are advised to consult your usual medical practitioner
and, should you wish to submit medical evidence in support of the appeal. you should . . . . -
arrange for this to be sent to the medical referee before the appointment date.
You will be advised of the name and address of the referee and tlie date for your
appointment as soon as this has been arranged.
THE SHIPPING (MEDICAL EXAMINATION) REGULATIONS, 1998
FIFTH SCHEDULE (Regulation I l (a))
CONFIDENTIAL
RECORD OF MEDICAL EXAMINATION OF SEAFARERS REPORT OF MEDICAL
EXAMINATION BY AN APPROVED MEDICAL PRACTITIONER
1. Personal Details of Seafarer
Surname ........................ ......... ...................
Forenames ................................................
................... ........ Discharge Book No.
Title M r . 0 Mrs. q M i s s 0 Ms. q
................................ Any other title held
Date of Birth .................. .......... .............
day month year
...... ............... RanWRatinglOccupation .
2. Usual Medical Practitioner or Medical
Advisor
Name: ................. .. ..............................
Address: .....................................................
3. Family Medical History
Has any member of the seafarer's family
ever suffered from:
please rick correct box
Yes No
Hypertension nu
Heart Conditions I]
Asthma I n
Diabetes =I
Mental Disorder 1 I
Epilepsy 01
I. Previous Medical History
Does the seafarer have a medical history of
one of the following? If so please tick the
box.
Hypertension E l
Eye troublelsquint E l
Stomachhowel disorder E l
ENT E l
Hearing impaired 0
Skin diseaselallergies E l
Heart conditionlrheumatic fever 0
Asthmalbronchitis E l
Hay feverlallergies
Epilepsylfitslfainting
El
El
Nervouslmental illness El
Jaundicelliver diseaselpiles El
Urinary disorders El
Back in.jurylpain 0
Hernia El
Diabetes E l
Female disorders 0 Pregnancy 0
Infectiouslcontagiousltropical
diseases
Malignant diseases
0
El
Migrainelsevere headaches El
Head injurylconcussion El
AIDS El
Hepatitis B 0
.......................... Tobacco intake (quantity)
........................ Alcohol intake (quantity)
Is the seafarer now receiving any
treatment? ................... ........................
I certitL that this is a true statement
............... ............. Signature of Seaman ..
[The inclusion of this page is authorized by L N 102/2001]
THE SHIPPING (MEDICAL EXAMINATION) REGULATIONS, 1998
FIFTH SCHEDULE, confd.
5. Medical Examination
Does the seafarer suffer from any of the following abnormalities?
Please tick correct box and expand as necessary.
Tooth
ENT
Skin
Heart
Lungs
Nervous System
Varicose Veins
Genito Urinary System
Hernia
Any other defects ......................
0 HIV 0
( Hepatitis B 0
0 CBC 0
0 VDRL 0
( Stool (Parasitology and Culture) ( 0 Blood Sugar (Random)
Urinalysis a 0
0 Chest X-Ray 0
n
.......... 6. Height (without shoes) .......... m
Weight (stripped to waist) ........... Kilo
Chest inspiration ........................... cm
Expiration .........................Expiration.....................................,. cm
Pulse rate ...........................................
................... Blood pressure systolic
5th Sound ................... ... ............
Result of urine test:
Albumin ...........................................
Sugar ...........................Sugar..................................................
7. Results of Medical Examination
Audiogram (if equipment is available)
Right KhZ 500 1,000 2,000 4,000 6,000 8,000
ear I d 4 I I I I I
Left
ear
Near vision Colour vision
Distant
vision
I llnaided N I I lshihare 1
Khz
dB
The Standards of Medical Examination Regulations have been or have not been met.
Tick correct box
A. Unrestrictive sea service 0 B. Permanently 0
E. Restrictive Service only 0 C. Indefinitely n
......................... Restriction ..................................................... (Review in months)
.......... Period of restriction ................. ............ D. Temporarily 0
(Review in ......................... ....weeks)
Both 6
Both 6
Un-
aided
Aided
Medical Practitioner's Ofticial Stamp
500
.......... ........................ Signature ..
R6
R6
Name: .............. .. .........Name:...........,..............................,.....
(Block Capitals)
8,000 1.000 4.000
L6
L6
Date: ................................................
2,000 6,000
[The inclusion of this page is authorized by L.N. 102120011
THE SHIPPING (MEDICAL EXAMINA TION) REGULATIONS. I998
[The inclusion of this paye is authorilsd by L.N. 10212001]
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THE SHIPPING ACT
REGULATIONS
(under sections 112, 113 and 465)
THE SHIPPING (TRAINING, CERTIFICATION, SAFE MANNING, HOURS OF
WORK AND WATCHKEEPING) REGULATIONS, 1998
(Made by the kinister on the 20th day of July, 1998, and having efect L, N. 46811998
on the 2nd day of Janualy, 1999, the dale of operafion o f fhe Act)
PART I. Preliminary
1. These Regulations may be cited as the Shipping (Training, Certification,
Safe Manning, Hours of Work and Watchkeeping) Regulations, 1998.
2. In these Regulations unless the context otherwise requires-
"appropriate certificate" means-
(a) in relation to Jamaican ships, a certificate issued pursuant to
regulation 4;
(b) in relation to other ships, an appropriate certificate as defined in
the STCW Convention;
"approved" means approved by the Minister;
"area Al", "area A2". "area A3" and "area A4", have the meanings
assigned to "Sea area A I", "Sea area A2", "Sea Area A3" and "Sea
Area A4", respectively in regulation 2, Chapter IV of the Solas
Convention;
"authorized person" means a person authorized by the Minister for the
purposes of these Regulations;
"certificate of competence" means a certificate issued by the Minister
under regulation 4;
"certificate of equivalent competence" means a certificate issued under
regulation 6 (5);
"chemical tanker" means a ship constructed or adapted and used for the
carriage in bulk of any liquid product listed in chapter 17 of the
IBC Code;
[The inclusion o f this page is authorized by L N 102/2001]
30 THE SHIPPING (TRAINING, CERTIFICATION, SAFE MANNING, HOURS OF WORK AND
WATCHKEEPING) REGULATIONS, 1998
"company" in relation to a ship means the owner of the ship or any other
organization or person who has assumed the responsibility for the
operation of the ship from the owner and who, on assuming such
responsibility, has agreed to take over all the duties and responsibilities
imposed on the company by the Regulations annexed to the STCW
Convention;
"constructed" in relation to a craft means the keel of which is laid or which
is at a similar stage of construction; and "similar stage of construction"
means a stage at which-
(a ) construction identifiable with a specific craft begins; and
(6 ) assembly of that craft has commenced comprising at least 50
tonnes or 1 per cent of the estimated mass of all structural
material, whichever is the less;
"IBC Code" means the International Code for the Construction and
Equipment of Ships Carrying Dangerous Chemicals in Bulk, published
by the IMO;
"IGC Code" means the International Code for the Construction and
Equipment of Ships carrying Liquefied Gases in Bulk, published by
the IMO;
"liquefied gas tanker" means a ship constructed or adapted and used for the
carriage in bulk of any liquefied gas or other product listed in chapter
19 of the IGC Code;
"management level" means the level of responsibility associated with-
(a ) serving as master, chief mate, chief engineer or second engineer
or second engineer of a seagoing ship; and
(6 ) ensuring that all functions within the designated area of
responsibility are properly performed;
Schedule 9. "near-coastal voyage" has the meaning given in Schedule 9;
"officer" means a person carried in a ship in the capacity of an officer under
the terms of the safe manning document issued in respect of that ship;
"oil" means petroleum in any form including crude oil, fuel oil, sludge, oil
refuse and refined products;
"oil tanker" means a ship constructed or adapted primarily to carry oil in
bulk in its cargo spaces and includes a combination carrier when it is
carrying a cargo or part cargo of oil in bulk;
[The inclus~on of this page is authorized by L.N. 102/2001]
THE SHIPPING (TRAIIVING, CERTIFICATIOA', SAFE MANNING. HOURS OF WORK AND
WATCHKEEPING) REGULATIONS, 1998
"propulsion power" means the total maximum continuous rated output power
in kilowatts of a ship's main propulsion power which appears on the
ship's certificate of registry or other official document;
"Radio Regulations" means the Radio Regulations annexed to, or regarded
as being annexed to, the most recent Convention relating to
international telecommunication which may be in force at any time;
"rating" means a member of the ship's crew other than the master or an
officer;
"repealed Acts" means the Marine Board Act and the Seafarers Certification
Act repealed by the Shipping Act;
"seagoing" means going to sea beyond the limits of the internal waters of
Jamaica as defined in the Maritime Areas Act;
"Secretary-General" means the Secretary-General of the IMO;
"Schedule" means a Schedule to these Regulations;
"STCW ship" means a ship entitled to fly the flag of a STCW country and
"non-STCW ship" means a ship that is not a STCW ship;
"tanker" means-
(a) a chemical tanker;
(b ) a liquefied gas tanker;
(c) an oil tanker.
"the STCW Code" means the Seafarer's Training, Certification and
Watchkeeping Code adopted by the 1995 Conference of Parties to the
STCW Convention.
3. -41) Subject to paragraph (2) and to regulation 21, these Regulations
shall apply to-
(a) seagoing Jamaican ships wherever they may be and foreign ships
when in Jamaican waters; and
(b) seafarers employed in seagoing Jamaican ships.
(2 ) These Regulations shall not apply to-
(a) warships and naval auxiliaries or other ships owned or operated by
a State and engaged only on Government non-commercial service;
(b) fishing vessels;
[The inclusion of this paye IS authorized by L.N. 102i20011
32 THE SHIPPING (TRAINING. CERTIFICATION. SAFE MANNING. /!OURS O F WORK AND
WATCHKEEPING) REGULATIONS 1998
(c) pleasure craft;
(4 wooden ships of primitive build; or
(e) seafarers employed in ships referred to in sub-paragraph (a).
4. No person shall serve as a seafarer on a seagoing Jamaican ship unless he
holds a certificate issued entitling the lawful holder thereof to-
(a) serve in the capacity; and
(0) perform the functions involved at the level of responsibility,
specified therein on a ship of the type, tonnage or power and means
of propulsion indicated by the endorsement while engaged on the
particular voyage concerned.
5. A person is qualified as an officer if he holds a certificate of competence
or certificate of equivalent competence, in one of the following capacities-
(a) master;
(0) chief mate;
(c) officer in charge of a navigational watch;
(d) chief engineer officer;
(e ) second engineer officer;
officer in charge of an engineering watch; or
( g ) radio operator.
6.-(1) The Director may recognize an appropriate certificate issued by or
under the authority of a STCW country other than Jamaica to a master, officer
or radio operator if he is satisfied in relation to that country-
(a) that the requirements of the STCW Convention concerning standards
of competence, the issue and endorsement of certificates and record
keeping are fully complied with; and
(h) that prompt notification will be given to the Director of any
significant change in the arrangements for training and certification
provided in compliance with the Convention.
(2) For the purpose of satisfying himself under paragraph ( l ) , and for
verifying the authenticity and validity of an appropriate certificate presented
for recognition, the Director may-
(a) require from the authority which has issued the certificate, copies
of its maritime legislation and details of its facilities and procedures
concerning the training and certification of seafarers; and
[The ~nclusion of this page is authorized by L N 102/2001]
THE SHIPPING (TRAINING, CERTIFICATION, SAFE MANNING. HOURS OF WORK AND 33
WA TCHKEEPING) REGULATIONS, 1998
(b) where he deems necessary, inspect such facilities and procedures.
(3) Every certificate presented for recognition under this regulation shall
be in the original form, and where the original is in a language otherthan English,
it shall be accompanied by an official translation in English.
(4) Where the Director recognizes a certificate pursuant to paragraphs
(I), (2) and (3), he shall, in order to attest its recognition, issue an endorsement
which shall be in the form set out in Schedule 1 and shall state the capacity in Schedule 1.
which the holder of the certificate is authorized to serve.
(5) Where, pursuant to paragraph (I), the Director has recognized the
standard of competence required for the issue of a certificate by an authority of
a STCW country other than Jamaica as being in part the standard to be attained
for officers qualified for the purposes of these Regulations, the Director may,
for the purpose of assessing the applicant's ability to pursue the profession of
officer on Jamaican ships, require the applicant to submit to aptitude tests relating
to subjects and training and related assessment procedures, which differ
substantially from those covered by the applicant's certificate issued by that
country.
(6) Each endorsement referred to in this regulation shall-
(a) be assigned the same number as the certificate concerned, if that
number is unique; and
(b) expire as soon as the certificate expires or is withdrawn, suspended
or cancelled by the party which issued it and, in any case, not more
than five years after the date of issue.
(7) The Director shall ensure that every seafarer who presents for
recognition, a certificate of competence which has been issued as certification
at the management level, has appropriate knowledge of the maritime legislation
of Jamaica relevant to the functions which he is permitted to perform.
(8) The information provided and the measures agreed upon under this
regulation shall be communicated to the Secretary-General, within the time
prescribed and in the format specified in section A-117 paragraph 3.2 of the
STCW Code.
(9) No certificate issued by or under the authority of a State that is not a
STCW country shall be recognized.
(1 0) The Director may, if circumstances require, allow a seafarer to serve
in a capacity other than radio operator, (except as provided in the Radio
Regulations), for a period not exceeding three months on board a Jamaican
ship, while holding an appropriate and valid certificate issued and endorsed by
[The ~nclus~on of rh~s page IS author~zed by L N 102/2001]
34 THE SHIPPING (TRAINING, CERTIFICATION, SAFE MANNING, HOURS O F WORK AND
WA TCHKEEPING) REGULATIONS, I998
the authority of another STCW country but which has not yet been endorsed so
as to render it appropriate for service on board Jamaican ships, providedthe
Director is satisfied that application for an endorsement has been duly submitted.
(1 1) An endorsement issued by or under the authority of a STCW country
in recognition of, or attesting to, the recognition of a certificate by or under the
authority of another STCW country shall not be used as the basis for recognition
by the Director.
(12) The Director may revoke or cancel at any time an endorsement
granted under this regulation where he has reasonable grounds for believing
that the holder of the certificate has-
(a) committed a violation of any provision of the Act or any regulations
made thereunder;
(6 ) committed an offence under the laws of Jamaica;
(c) demonstrated a lack of sobriety or good character and conduct; or
(4 failed to maintain the required standard of medical fitness.
7.--(1) The certificate of a master or other officer issued with a certificate
under regulation 5 or 6 shall not be valid for seagoing service unless revalidated
at intervals not exceeding 5 years to establish continued professional competence
in accordance with section A-Ill 1 of the STCW Code.
(2) A certificate granted pursuant to regulation 10 shall not be valid for
seagoing service unless revalidated at intervals not exceeding 5 years to establish
continued professional competence in accordance with section A-Ill 1 of the
STC W Code.
(3) Every master and officer shall, for continuing seagoing service OII
ships referred to in regulations 11, 12 and 13, successfully complete approved
refresher training at intervals specified by the Director.
Scl~edule 2. (4) The requirements of Schedule 2 shall apply to all applicants for
revalidation of their certificates.
8 4 1 ) Any officer serving in the capacity set out in column 1 of the table
Sclhedule 3. set out in Schedule 3 shall hold an appropriate certificate for that capacity.
(2) A person shall only be entitled to be issued with such an appropriate
certificate if he complies with the criteria in Regulations annexed to the STCW
Convention, set out in column 2 of the table, and any other requirements specified
Schedule 4. by the Director, as provided in Schedule 4.
PART 111. Ratings and holders of other qualifzcations.
9.--(1) Every rating forming part of a navigational watch on a ship of 500
GT or more, other than ratings under training and ratings whose duties while on
[The inclusion of this page is authorized by L.N. 102/2001]
THE SHIPPING (TRAINING. CERTIFICATION, SAFE MANNING, HOURS O F WORK AND 35
WATCHKEEPING) REGULATIONS, 1998
watch are of an unskilled nature, shall hold a watchkeeping ratings certificate
in the form set out in Schedule 5. Schedule 5 .
(2) Every rating forming part of an engine-room watch or designated to
perform duties in a periodically unmanned engine-room on a ship powered by
main propulsion machinery of 750 kW propulsion power or more, other than
ratings under training and ratings whose duties are of an unskilled nature, shall
hold a watchkeeping ratings certificate.
(3) No person shall be entited to be issued with a watchkeeping ratings
certificate unless he complies with the criteria set out in Regulations 1114.2 or
11114.2 in the annex to the STCW Convention.
(4) Any person designated to perform watchkeeping duties in a manned
or periodically unmanned engine-room on a ship powered by main propulsion
machinery of 35OkW power, or more, but less than 750kW shall be the holder
of one of the engineering certificates of competence referred to in regulation 8
or be the holder of a marine engine operator's licence i s s~ed in compliance
with criteria specified by the Director.
lo.--( 1) Every ship shall carry a person or persons-
(a) qualified for distress and safety radio communication purposes as
specified in paragraph (2); and
(6) who are holders of certificates specified in the Radio Regulations
as appropriate, and one such person shall be designated by the master
to have primary responsibility for radio communications during
distress incidents.
(2) On area A1 ships the person qualified as mentioned in paragraph ( I )
shall hold at least a GMDSS restricted operator's certificate issued in accordance
with subsection D of section lllA of A;ticle 55 of the Radio Regulations.
(3) On Area AllA2, AIlA2lA3 and A1lA2lA31A4 ships, the person
qualified as mentioned in paragraph (1) shall hold a GMDSS general operator's
certificate issued in accordance with subsection C of section lllA of Article 55
of the Radio Regulations.
(4) The Director shall not grant a certificate referred to in paragraphs (2)
and (3) to any person unless that person-
(a) is at least 18 years of age; and
(b) has completed education and training approved and meets the
standard of competence specified in section A-IV of the STCW
Code.
[The inclusion of this pave is authorized by L.N. 102/2001]
36 THE SHIPPING (TRAINING, CERTIFICATION, SAFE MANNING. HOURS OF WORK AND
WA TCHKEEPING) REGULATIONS, I998
PART IV. Mandatory minimum training requirements
11.-
