SHIPPING
THE SHIPPING ACT
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ARRANGEMENT OF SECTIONS
PART I. Prelimina?
1. Short title.
2. Interpretation.
3. Shp’s tonnage.
4 Application of Act.
5. Non-application to foreign noncommercial ships.
PART II. The Maritinre Authority
6 . Establishment of Authority.
7. principal objects of Authority.
8. Functions of Authority.
9. Minister’s directions to Authority.
10. Director-General.
11. Appointment of other officers and employees.
12. Appointment of surveyors.
13. Delegation of power by Director.
14. Minister may delegate certain powers and duties.
PART III. Restriction on Trade
15. Trade in Jamaican waters.
PART IV. Registration and Licensing of Ships and
Proprietav Interest in Ships
Rights and privileges of Jamaican Ships
16. Entitlement to right and privileges of Jamaican ships.
17. Obligations to register Jamaican ships.
18. Additional provisions for bareboat charter registration.
19. Jamaican ships bareboat chartered out.
Registration of Jamaican Ships
20. Qualifications for owning a Jamaican ship.
20A. Requirements for managhg owner or agent.
2 1. Application for registration.
22. Declaration of ownership.
23. Evidence on first registration.
24. Restriction on registration.
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24A. Rcgislcrs
24B. Entrics in rcgistcrs.
24C. Ccrtain rcstrictions on rcgistration
25. Ccrtifrcatcs of rcgistry and records.
20. Docunicnts to bc rctaincd b! thc Rcgistrar.
27 Rcgistration of nianaging owncr. ctc
28. Rcfusal of registration.
29. Canccllation of rcgistrdtion.
3 0 . Rcstriction on dc-rcgistration of shps
3 1. Ccrtificatc of de-registrdtion.
32. Port of rcgistn.
. \mw of Ships
3 3 . Nanic of ships.
34. Change of name of ship.
35. Idcntity marks for fishngvcssels.
36. Call s i p .
Certj ficate ofRegislw
37. Ccrtificatc of Kcgistry.
38. Powcr to makc rcgulations in relation to Certificate of Registry.
39. Custody and delivery of Certificatc of Rcgistry.
40. Impropcr U& of Certificate of Registry.
4 I . Provisional Ccrtificatc of Registry.
-12. Temporary pass in licu of Ccrtificatc of Registry.
Tonnage Aleerrsurenienl
43. survcy.
44. T o m g c regulations.
45. Marking of ships.
46. T o m g e oncc asccrtaincd to bc t o m g c of ship.
47. Tonnagc of forcign ships
48. Forcign and orhcr mcasurcments.
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SHIPPING 3
Registration o$Alteration and Registration Anew
49. Registration of alterations.
50. Rules of registration of alterations.
5 1. Provisional Certificate where ship regstered anew.
52. Registration anew on change of ownership.
53. Procedure for registration anew.
54. Restriction on re-registration of abandoned ships.
/-
Licensing of Small Vessels
55. Ships to be licensed.
56. Operation of licensed ship.
57. Maximum owners of licensed Jamaican ship.
58. Registration on change of ownership.
59. Regulations for licensing ships.
Special Provision for Cruising Crap
60. Cruisingcraft.
Transfers and Transmissions
6 1. Reference to ship include share.
62. Transfer of ship.
63. Declaration of transfer.
64. Registration of transfer.
65. Transmission of propexty in ship on bankrupicy, death, etc.
66. Ship liable to de-registration upon transmission.
67. Transfer of ship by order of Court.
68. Power of Court to prohibit transfer.
3 Mortgages
69. Mortgages of ship,
70. Protection of undischarged mortgages.
71. Obligation of mortgagor to disclose existing liabilities.
72. Entry of discharge of mortgage.
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73. Priorih of mortgages.
74 Morlqagee not treated as owner.
75. Mortgagee to halve power of dsposal.
76. Mortgage not affected by bankruptcy.
77. Transfer of mortgage.
78. Transmission of interest in mortgage in certain circumstances.
Jlnritinie Liens
i 9 . Meaning of forced sa!e.
80. Sources of maritime liens.
8 I . Claims not recognized as maritime liens.
t i2 . Priority of maritime liens.
8.3. Order ofpriorih of maritime liens.
84. Rights of shipbuilders and ship repairers.
84A Priority of rcgistcred mortgages.
85. Attacluncnt of maritime liens and extinction by lapse of time.
86. Estinction of lien not to affect other claims.
87. Assignment and subrogation.
88. Notice of forced salc to be given.
8Y. Effect of forced sale and dsposition of proceeds of sale.
90. lssuc of ccrtificate that the ship is free of encumbrance.
!\ liscdlnnrous
9 I . Provision tor cases of infancy and dsability.
92. Equitablc intcrcst.
0 3 . Rights of rcgistcred owncr.
94. Liability of owners.
95. Dispensing with declarations and evidence.
Y 6 . Modc of making dcclarations.
97. Inspection of rcgister.
98. Admissibility in evidcncc of register and Certificate of Registry.
99 Forgery of documents.
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SHIPPING
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100. False declarations
10 1. Failure to produce certificate or licence.
PART IVA. Taxation and Other Concessions
10 IA. Interpretation.
lOlB Application for exempt status.
1O!C. Declaration of exempted ship.
101D. Eligibility for benefits.
101E. Termination of benefits
101F. Exemption from income tax.
10 1 G. Exemption from transfcr tax
101H. Exemption from other taxes. duties and fees.
10 1 I. Valid@ of crew agreement of an exempted ship.
1015. Special provisions for expediting registration.
PART V. National Character and Flag
102. National character of ship to be declared on clearance.
103. Right to fly flag of Jamaica.
104. National colours.
105. Showing Of national ColourS.
106. Penalty for unduly assuming Jamaican character.
107. National flag on foreign ship.
108. Penalty for concealing Jamaican character or assuming foreign
109. [Repealed byAct I5 of 2UUU.J
110. Liabilities of ship not recognized as a Jamaican ship.
PART VI. Manning and cerhjication
character.
11 1. Interpretation.
112. Scheme of regulations.
1 13. Regulations regarding manning and qualifications of persons
114. offences.
serving in Jamaican ships.
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PART UI. Engagernmt and Welfare of ‘Seamen
Engugement of Seamen
1 15. Functions of Registrar of Seamen.
116. Crew agreement.
117. Contents of crew agreement.
118. Regulations for disciplinary offences.
119. Conduct both disciplinary offence and offence under this Act.
120. Procedures relating to certain crew agreements.
121. Further provisions as to crew agreement.
122. Terms not to be contrary to law of Jamaica.
123. Seaman’s certificate of dlscharge.
124. Character report.
125. mences.
126. Discharge on change of ship’s registry.
127. Prohibition of employment of persons under sixteen years.
128. Changes in crew of certain ships.
129. Change of master.
130. Regulations for conditions of service.
13 1. Use of English language.
132. Crew’s knowledge of English.
Wages
133. Time and manner of payment of wages.
134. Account of wages.
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155.
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157.
158.
159.
160.
Deductions from wages.
Settlement of wages.
Registrar's decision as to wages.
Registrar may require ship's documents.
Reimbursement of Registrar.
Rate of exchange.
Registrar may settle certain wage disputes.
Court may award interest on wages due where there is no crew
Allotment notes.
Wage where service terminated.
Protection of seaman's rights and remedies.
Claims against seaman's wages for maintenance.
Master's remedies for remuneration and disbursements.
Wages not dependent on freight.
Refusal to work. -
Illness caused by own default.
Costs procuring conviction.
Improper discharge.
Protection of wages.
Leave and holidays.
Jurisdiction of Supreme Court in the recovery of wages.
Power to rescind contracts.
agreement.
Property qf Deceased Seuman
Property of deceased seaman.
Delivery of deceased seaman's property.
Forgery of documents.
Occupational Safety
Occupational safety regulations.
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161.
162.
163.
164.
165.
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181.
SHIPPING
Provisions
Provisions and water.
Complaints as to provisions and water.
Allowance for short or bad provisions.
Weights and measures.
Regulations regarding provisions.
Regard had to international treaty.
Health und Welfare
Medical fitness regulations.
Crew accommodation iegulations.
Certificated cook to be carried.
Medical stores regulations.
Expenses for medical treatment and burial.
Medical practitioners to be carried.
Welfare Board for seamen's welfare.
Facilities for making complaints.
Proteclion of'Srumen, from Imposition
Assignment and sale of salvage.
Seaman's debts.
Provisions us 10 Discipline
Endangering life or ship.
General offences against discipline.
Conviction not to affect other remedies.
Improper negotiation of advance note.
Certificate of discharge may be withheld.
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182.
183. Deserters from ships.
184.
185. Application of forfeiture.
186. Question of forfeiture decided in suit for wages.
False statement as to last ship.
Proof of desertion when wages are to be forfeited.
187.
188.
189.
190.
191.
192.
193.
194.
195.
196.
197.
198.
199.
200.
201.
202.
203.
204.
205.
206.
207.
Deduction of fine from wages.
Persuading seaman to desert, and harbouring deserter
Penalty on stowaways.
Trade disputes involving seamen.
Unauthorized presence on board ship.
Offences to be entered in official book.
Reliefund Rqxitriution ojSeumen
Proper return port.
Repatriation of seaman.
Seaman to bear expenses of repatriation in certain cases.
Guarantee for discharge of seaman.
Effect of workman's compensation.
Application to foreign ships.
Wages and effects of seaman left behind.
Sale of seaman's effects.
Liability of master.
Limitation of liability of Government.
Payment to Government.
Non-application of section 199.
Maintenance and return of seaman involuntarily terminating service.
Certificate when seaman left behind.
Offences.
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209.
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219.
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227.
228.
229.
S H I P PING
Account of wages of seaman left behind.
Payment of seaman's wages to proper officer.
Application of wages of seaman left behind.
Relief of distressed seaman.
Repayment of relief and return expenses.
Forcing ashore.
Manner of return.
Settlement of question regarding return of seaman to proper return port.
Minister may provide temporary relief.
PART V1 I I . Official Log Book and Ordinay Ship's Log
Official log book.
Entries in official log book.
Delivery of official log book where ship is transferred, lost or
Offences in respect of official log book.
Ordinary ship's log.
Returns of crew lists.
Retention of official log book and crew list.
Returns of births and deaths in Jamaican ships.
Returns of births and deaths of Jamaican citizen in foreign ships.
Returns to be sent to Registrar of Births and Deaths.
abandoned.
PART IX. Safety
Interpretation
Interpretation.
Prevention of Collisions and Safety of Navigation
Collision regulations.
Jamaican ships to observe collision regulations.
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253.
254.
Foreign ships in Jamaican waters.
Collision liability.
Inspection to enforce compliance with collision regulations.
Duty to render assistance following collision.
Obligation to notify hazards of navigation.
Master to proceed moderately in danger area.
Obligation to assist vessels, etc., in distress.
Right to requisition ships when in distress.
Release from obligation to assist.
Obligation to assist persons in danger at sea.
Salvage rights not affected.
Improper use of signals of distress.
Reports of accidents of ships.
Loss of ship.
Application of safety provisions.
Regulations relating to safety at sea.
Ships in port through stress of weather, etc.
Surveys and Ccrlijication
Surveyors' duties.
Surveyor to name Inspector's powers, etc.
Survey requirements for passenger ships.
Regulations for cargo ship safety construction requirements and surveys.
Survey requirements f6r the radio installations of cargo ships.
Survey requirements for the safety equipment of cargo ships.
Survey requirements for the structure, machinery and equipment of
Responsibilities of owner and master and compliance with ISM Code.
cargo ships.
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255. Procedure to be adopted when the ship including its structure not
Issue ofcertiticates to Jainaican ships engaged on international or short
Issue of certificates to Jamaican ships not engaged on international
corresponding to certiticates.
256.
international voyages.
257.
voyages.
258. Form of certificate.
259.
260.
26 1 .
Duration and validity of certificates.
Issue and duration of exemption certificates.
Extension and other provisions.
Lotrd Line
262. Load Line Regulations.
263. Ships not to proceed to sea unless complying with Load Line
Alteration or defacement of load line marks.
Regulations.
264.
265. Submersion of load lines.
266. Submersion of load lines of foreign ships.
267. Exemption certificate.
268.
269.
270.
27 1 .
272.
273. Deck cargo regulations.
274. Notice to be given of alterations affecting position-of ship’s load line.
275. Inspection of ships regarding load line.
276. Contravention of Load Line Regulations and detention of ship.
277. Posting of Load Line Certificate and entry of load line details in ship‘s
International Local Load Line Certificates.
Effect of Load Line Certificates.
Duration, renewal and cancellation of Load Line Certificate.
Production of Load Line Certificates of Jamaican ships.
Production of Load Line Certificates of foreign ships.
log book.
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SHIPPING
Loud Line & , ~ i i p i o n s
278.
279.
280. Extent of exemption.
281. Issue of exemption certificate.
282.
283.
Power to make exemption orders.
Further powers to exempt ships of novel design.
Duration and extension of exemption.
Penalty for non-compliance with conditions of exemption certiticates.
Carriage q!' Bulk C'urgoes
284. Interpretation.
285. Bulk cargo regulations.
286. Precautions regarding grain cargoes.
287. Offences.
Dungerorts Goods
288. Interpretation.
289. Regulations as to dangerous goods.
290. Carriage and marking of dangerous goods.
29 1. Offences.
292. Rejection and disposal of dangerous goods by ships.
Seaworthiness ojShips
293. Unseaworthy ship.
294. Sending unseaworthy ship to sea an offence.
295. Owner's obligation to crew regarding seaworthiness.
296. Detention of unseaworthy ships.
297. Powers of inspectors regarding detention.
298. Liability for costs and damages.
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300.
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312.
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316.
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319.
320.
321.
322.
SHIPPING
Power to require complainant to give security for costs.
Allegation of unseaworthiness by seaman charged with desertion.
Further provisions concerning surveys.
Costs of inspection.
General
Ships to carry stability information.
Requirement to maintain condition of ship.
Notice of accident, defect or alterations affecting the efficiency or
Re-survey of a ship following alterations or damages.
Application of this Part to ship.
Posting of certificates on board ship.
Ship not to proceed to sea without appropriate certificate.
Detention of ship for non-production of certificate.
Penalty for forgery of survey report or certificate.
Survey of foreign ships and issue of Convention Certificates.
Survey of Jamaican ships by other Convention countries.
Fishing vessel safety regulations.
seaworthiness of the ship.
PART X. Inspection ofShips for Safety
Appointment of Inspectors.
Inspector's powers of inspection.
Inspector's report to Director.
Record of inspection certificates.
Inspection of foreign ships.
Production of Certificates by foreign ship.
inspection of foreign ships certificates.
Inspector's duty to avoid liability for undue detention or delay.
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339.
340.
341.
SHIPPING
Liability for wilful detention or delay.
Regulations for safety requirements and issue of local certificates
Power qfSearch, Inspection and Arrest
Powers of Inspectors, officers to board ships.
Power to require production of documents, etc.
Power of arrest.
Returns by Surveyors und Inspectors
Returns by Surveyors and Inspectors.
PART XI. Wrpck and Salvage
Interpretation.
Wreck
Powers of Principal Receiver and receiver of wreck.
Expenses of receiver.
Functions of receiver where vessel is in distress.
Power to pass over adjoining lands.
Power of receiver to use force to suppress plunder and disorder.
Immunity of receiver.
Examination on oath regarding vessels in distress.
Rules to be observed by person finding wreck.
Penalty for taking wreck at the time of casualty.
Notice of wreck to be given by receiver.
Delivery of wreck to owner.
Immediate sale of wreck by receiver in certain cases.
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342.
343.
344.
345.
346.
347.
34s.
349.
350.
351.
352.
353.
354.
355.
356.
357.
35s.
359.
360.
361.
362.
363.
364.
365.
366.
367.
368.
369.
SHIP PING
Wrecked goods subject to duties.
Right to unclaimed wreck.
Notice of unclaimed wreck to be given to persons entitled.
Disposal of unclaimed wreck.
Delivery of unclaimed wreck by receiver not to prejudice title.
Removal of wreck by port, harbour or other authority.
Powers of Authority to remove wrecks to be cumulative.
Director's power of removal.
Breaking and removal of wrecks.
Extent of power of removal of wreck.
Taking wreck to a foreign port.
Unauthorized boarding of wrecked vessel.
Interfering with wreck, etc.
Summary procedure for concealment of wreck.
Sulvage
Non-application to platforms and drilling units.
Non-application to vessels.
Life salvage.
Salvage of cargo.
Services excluded from salvage remuneration.
Conditions for salvage remuneration.
Salvage contracts.
Annulment or modification of contracts.
Duties of salvor.
Duties of owner and master.
Powers of Director.
Criteria for fixing salvor awards.
Responsibility for payment of award.
Quantum of reward.
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370.
371.
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386.
387.
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389.
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391.
392.
393.
394.
SHIPPING
Special compensation.
Services rendered under existing contract.
Apportionment between salvor.
Salvor misconduct.
Maritime lien.
Duty to provide security.
Interim payment.
State-owned cargo.
Humanitarian cargoes.
Salvor's right to interest.
The common understanding regarding the reward and special
Recourse for.life salvage payment.
Determination of salvage disputes.
Valuation of property salvaged.
Appeal in case of salvage disputes.
Detention of property liable to salvage by receiver.
Sale of detained property.
Apportionment of salvage among owners, etc., of foreign vessels.
Apportionment of salvage by receiver where amount small.
Apportionment of salvage by the Supreme Court.
Application to the Government.
Time limit for salvage proceedings.
compensation.
PART XII. Pussenger Ships
Power of the Minister to make regulations respecting passenger ships.
Offences in connection with passenger ships.
Ticket for passage.
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18 SHIPPING
395.
396.
397.
398.
399.
400.
401.
402.
403.
404.
405.
406.
407.
408.
409.
410.
41 1 .
412.
413.
414.
415.
416.
417.
PART XIII. Limitation of Liability
Shipowners and Salvors
Interpretation.
Persons entitled to limit liability.
Claims subject to limitations.
Shipowner's liability against ship, invoking limitation not admission of
Claims excepted from limitation.
Conduct barring limitation.
Counter-claims may be set off.
Limits of liability calculation.
Priorities.
Limit for passenger claims.
Conversion of Unit of Account to Jamaican funds.
Aggregation of claims.
Provision of security and release of ships.
Distribution of the funds.
Bar to other actions.
I iabil ity.
Limitation of Liability of'Dock and Harbour Authorities
Limitation of liability.
PAW' XIV. Mtrritime Trihunal
Constitution of Maritime Tribunal.
Power and procedure of Tribunal.
Report of the Tribunal.
Rules of procedure.
Expert witnesses.
Payments to ofticers of Tribunal.
Indemnity.
SHIP PIXG
PART W. Inquiries and Investigations
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4 18. Investigations of shipping casualties.
419. Preliininaq inquiq.
420. Formal investigation.
42 1. Addtional powers of Tnbunal and Director.
422. Suspension or cancellation of certificates.
423. Rehearings
424. Appeals.
425. Rules relating to inquiries and investigations.
426. Power to restore certificate.
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PART XVI. Legal Proceedings
427. JurisQction of a Resident Magstrate's Court.
428. Provision as to jurisdiction over offences.
429. Jurisdiction over ships lying off the coast.
430. Jurisdiction in case of offences on board ship.
43 1. Application of fines.
432. Offence under other law.
Detention and Distress on Ship
433. Enforcing detention of ship.
434. Officer of customs to be informed of detention of ship. 3
435. Notice to consular officer on detention of foreign ship.
436. Distress on ship.
437. Inquiries into deaths of crew members and others.
438. Seizure and sale.
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Prosecution and Compounding of Ofences
439. Liability of slup owners.
440. Offences by bodies of persons, servants and agents.
44 1. Persons who may prosecute.
442. Prosecution of offences and penalties.
443. Compounding of offences.
444. Limitation of actions.
Evidence and Service of Documents
44s. Deposition to be received in evidence where witness cannot be
446. Proof of attestation not required.
447. Admissibility of documents in evidence.
448. Notices. etc.. to be in Writing
449. Service of documents.
450. Protection of public officers and other persons acting under this Act.
produced.
PART XVII. Miscellaneous
45 1. Witnesses.
452. Powers of Director to prescribe forms.
453. offences in respect of use of form or supplying false information.
454. General power to make regulations.
455. Regulations subject to negative resolution.
456. General powers of exemption.
457. Implementation of treaties.
458. Conventions applicable to Jamaica.
459. Conventions to prevail.
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PART XVIII. Final Provisions
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460. Savings.
461. Exemption of certain vessels.
SCHEDULE
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SHIPPING 23
Ad9
a of 1998,
15 of 2000.
THE SHIPPING ACT
[2nd January, 1999.1
PART 1. Preliminary Short title
_-. 1. This Act may be cited as the Shipping Act.
2. In this Act unless the context otherwise requires- Intapretation.
“agent” in relation to a ship or the owners of a ship means
the person who is acting as such;
“aircraft” means any craft designed for flying, and
includes a seaplane or any ship or vessel able to alight
upon or hover over water;
“appointed day” means the 2nd day of January, 1999;
“apprentice” means an apprentice to the sea service and
includes a trainee officer or trainee seaman;
“Authority” means the Maritime Authority established
under section 6;
“bankruptcy” includes insolvency and any other process
leading to the liquidation of assets;
“bareboat charter7’ in relation to a ship means the leasing
of the ship for a stipulated period of time, without
master and crew, on terms which give the charterer
possession and control of the ship, including the right
to appoint the master and crew and “bareboat
chartered” shall be construed accordingly;
3 “cargo” includes livestock;. “Caribbean Community” means the Community
established under the Treaty done at Chaguramas on
4th July, 1973;
“CARICOM state” means a member state of the
Caribbean Community;
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“certificate of survey’’ means a certificate of survey issued
by a surveyor of ships pursuant to section 43,
“Certificate of Registry” in relation to a Jamaican ship
means the Certificate of Registry issued pursuant to
the provisions of Part IV;
ccconsular officer” means a person discharging the duties
of a consular officer on behalf of the Government of
Jamaica and when used in relation to a state other
than Jamaica means the of5cer recognized by the
Government of Jamaica as a consular officer of that
other state;
7
“crew” in relation to a ship includes seamen and
apprentices;
“crew agreement” means the agreement entered into
pursuant to section 116 between the owner or other
person having control of a ship and the employment
of seamen therefor (whether entered into by an agent
on behalf of such person) and each member of the
crew thereoc
“Director” means the Director-General of the Authority
appointed under section 10, and includes any person
lawfully acting under the instructions of or on behalf
of the Director-General;
“duly qualified medical practitioner” means a medical
practitioner registered under the Medical Act;
“Exclusive Economic Zone” means the Zone beyond the
territorial sea of Jamaica established under the
Exclusive Economic Zone Act;
“fishing vessel” means a vessel of whatever size and in
whatever way propelled which is used or intended to
be used for or in connection with the catching of fish
for gain and includes a fishing boat within the
meaning of the Fishing Industry Act.
“foreign maritime entity” means a business entity, other
than a body corporate, established under and subject
15’20OO
s. 2(a)
15/2000
S. 2(b).
C
[The inclusion of this page is authorized by L.N. 3/2002]
SHIPPING 25
3
to the law of a state other than Jamaica which,
pursuant to that law, is entitled to own or operate
ships;
“foreign ship” means a ship which is not a Jamaican ship;
“inland waters” comprise the areas of fresh water which
are on the landward side of the low water mark, and
which include water which is contained in-
(a) any spring, river, stream or other water-course,
whether natural or artificial, including any
estuary thereof, and
(h) any lake or pond, whether natural or artifi-
cial, sustained by underground water or by a
spring, river or stream.
“Inspector” includes-
(a) a person appointed as an Inspector pursuant to
(b) a surveyor;
section 3 15;
“international voyage” means a voyage from a port in one
“Jamaica” includes Jamaican waters;
“Jamaican Government ship” means a ship which is
owned or under the operational or control service of
the Government of Jamaica but does include a ship
which forms part of the Jamaica Defence Force;
state to a port in another state;
“Jamaican ship” means a ship which is-
(a) registered or licensed under this Act; or
(b) exempted under this Act fiom being regis-
tered or licensed;
[The inclusion of this page i s authorized by L.N. 3R002)
26 SHIPPING
“Jamaican water s” means the inland waters and--
(a) internal waters;
(b) archipelagic waters; and
(c) territorial sea,
/1 as defined in the Maritime Areas Act, and such other ’waters as may be prescribed under any enactment to
be Jamaican waters,
”licensed Jamaican ship” means a ship that is licensed
under section 59;
“local authority” means-
(a) a Parish Council constituted under the Parish
Councils Act;
(h) the Council of the Kingston and St. Andrew
Corporation constituted under the Kingston
and St. Andrew Corporation Act;
“local trade in Jamaican waters” means the transport
locally of passengers or goods or the carrying out of
any other operation or activity locally, within
Jamaican waters, for purposes of trade, profit or
reward;
“machinery” includes propulsion systems, steering
systems, pressurized containers and systems,
pumping systems, windlasses, electrical systems and
all similar apparatus required for, or affecting, the
safety or operation of a ship or the safety of the
personnel on board a ship;
“managing owner” in relation to a ship includes any
person, not being an agent, vested with authority by
the owner of the ship to manage and operate the ship;
“Maritime Tribunal” means the Maritime Tribunal
established under section 41 1 :
[The inclusion of this page is authorized by L.N. 3R002)
C
SHIPPING 27
"master" means the person, who, for the time being, has lawful
command of a ship or other vessel;
"officer" in relation to the crew of a ship includes the master,
a deck engineer, radio or medical officer;
"Organization" or "IMO" means the International Maritime
Organization;
"owner" in relation to a ship includes a demise or bareboat
charterer and a managing owner;
"passenger" means any person carried on board a ship
except-
(a) the master, a member of the crew, or any other
person employed or engaged in any capacity
on board the ship on the business of the ship;
(b ) a child under one year of age;
-(c) a person carried on the ship under an obligation
imposed upon the master to cany shipwrecked,
distressed or other persons, or by reason of
any circumstances which neither the master
nor the owner nor the charterer, if any, could
prevent or forestall;
"passenger ship" means a ship which is constructed for, or
which is habitually or on any particular occasion used
for, carrying more than twelve passengers;
"pleasure craft" means a ship, however propelled, that is used
exclusively for pleasure and does not carry passengers
or cargo for hire or reward, but does not include a vessel
that is provided for the transport or entertainment of
lodgers at any institution, hotel, boarding house, guest
house or other establishment;
"Port Authority" means the Port Authority established under
the Port Authority Act;
[The inclusion of this p a p is authorized by L.N. 3/2001]
28 SHIPPING
"port of Jamaica'' means any area defined as a port under the
Port Authority Act;
"Principal Receiver'' means the Principal Receiver of Wreck
appointed under section 1 1 ;
"proper officer" in relation to any fhction or activity under
this Act means a person authorized by the competent
authority to perform that function or iictivity and includes
a consular officer;
"public officer" has the same meaning as in the Constitution
of Jamaica;
"receiver" means a receiver of wreck so appointed under
section 330;
"registered'' in relation to a Jamaican ship means registered
under this Act;
"registrar" means a registrar of Jamaican ships appointed under
section 1 1, and includes the Registrar-General;
"Registrar-General" means the Registrar-General of Ships
appointed under section 1 1 ;
"Registrar of Seafarers'' means the Registrar of Seafarers
appointed under section 1 1 ;
"seafarer" includes a master, officer and any other category
of a crew of a ship;
"seaman" means every person employed or engaged in any
capacity on board any ship except-
(a) the master;
(b) apilot;
( c ) a person temporarily employed on the ship
while it is in port;
(d) an apprentice, other than for the purposes of
sections 193 to 216;
( l i e inclusion ofthis page is authorized by L.N. 3/2001]
SHIPPING 29
"ship" includes every description of vessel used in navigation;
"shipwrecked person" means a person belonging to any ship
referred to in section 332;
"Surveyor-General" means the Surveyor-General of Ships
appointed pursuant to section 1 1 ;
"surveyor" means a person appointed as a surveyor of ships
under section 11 and includes the Surveyor-General;
"tackle" means, in relation to a vessel, the tackle, machinery,
gear, apparatus, and appliances used on board a ship for
loading and unloading;
"tonnage certificate" means a certificate issued by the
Registrar-General certifying the tonnage of a ship;
"Unit of Account" means the Special Drawing Right as
defined in section 2 of Article XV of the Articles of
Agreement of the International Monetary Fund, the text
of which is set out in the Schedule to the Bretton Woods
Agreements Act;
"vessel" means-
every description of water craft, however propelled
or moored, including a barge, hydrofoil and
hovercraft and every other type of non-displacement
craft, anything constructed or used to carry persons
or goods by water, and a seaplane on or in the water;
a hulk, store ship or other similar vessel without
means of propulsion;
such other thing constructed or adapted for floating
or being submerged in water as the Minister may
by order specifl as a vessel for the purposes of any
provision of this Act;
"wreck" includes flotsam, jetsam, lagan, and derelect found
in Jamaican waters or on the shores of Jamaica.
F e inclusion of this page i s aiithorized by L.N. 3R0011
30 SHIPPING
Ship's 3. For the purposes of this Act, a ship's tonnage shall be its
gross tonnage as defined in tonnage Regulations made under this
Act, and shall be measured in accordance with those Regulations.
4.-( 1) This Act shall, except where otherwise provided, apply
to Jamaican ships wherever they may be. and to foreign ships on
Jamaican waters.
(2) Except as provided by the Minister pursuant to
tonnage
Application ot
Act
subsections (3) and (4), nothing in this Act applies-
(a ) to Jamaican Government ships operated for non-
commercial purposes;
(b) to ships or aircraft owned by or in the service of and
under the operational control of the Jamaica Defence
Force.
( 3 ) The Minister may make regulations prescribing the
manner and extent to which the provisions of this Act apply to
Jamaican Government ships operated for non-commercial
purposes.
(4) The Minister may, by notification published in the
Gazette, direct that, subject to such rules as may be made in that
behalf, Jamaican Government ships may be registered as Jamaican
ships under this Act, and thereupon, this Act, subject to any
exceptions and modifications which may be made in the
notification, shall apply either generally or with respect to any class
of ships belonging to the Government registered in accordance
with the rules as they apply to Jamaican ships registered in the
manner provided by this Act, and for the purpose of such application
any reference to an owner shall be construed as a reference to the
Director.
5. Subject to any other provision of this Act to the contrary,
nothing in this Act applies to foreign state-owned ships which are
operated for non-commercial purposes.
Non-
foreign non-
application to
ships
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SHIPPING 31
PART 11. The Maritime Authority
6.--(1) There is hereby established for the purposes of this
Act, a body to be called the Maritime Authority which shall be
a body corporate to which section 28 of the Interpretation Act
applies.
(2) The provisions of the Schedule shall have effect as to
the constitution of the Authority and otherwise in relation
thereto.
7. The principal objects of the Authority are to pursue the
development of shipping and to regulate matters relating to
merchant shipping and seafarers.
8.--(1) The functions of the Authority are to carry out such
activities as may be necessary to give effect to the objects
specified in section 7, and without limiting the generality of the
foregoing the Authority shall have the duty to-
/-'
(a) administer the registration of ships;
(b) regulate the certification of seafarers;
(c) regulate the safety of shipping as regards the
construction of ships and navigation;
(d) administer policy for the development of shipping in
general;
(e) inspect ships for the purposes of maritime safety and
prevention of marine pollution;
v) establish maritime training and safety standards;
(g) make enquiries as to shipwrecks or other casualties
affecting ships, or as to charges of incompetence or
misconduct on the part of seafarers in relation to such
casualties.
(2) For the purpose of the performance of its fknctions
under this Act, the Authority may do anything and enter into
any transaction which, in the opinion of the Authority is
necessary or incidental to its functions, and in particular and
without limiting the generality of the foregoing the
Authority may impose fees or charges for the use of any service
Establishment
of Authority.
Shedule.
Principal
objects of
Aldhority.
Fundions of
Authority.
[The inclusion of this page IS authorized by L N 3/2002]
3 2
provided by the Authority
SHIPPING
?vlinc\t,2tr'.:
Authority
9.---(1) Without limiting the effect of subsection (2) the
Minister may give the Authority such directions of a general
character as to the performance of its fbnctions as he thinks
appropriate.
(2) The Minister may give the Authority directions to
do a particular thing or refrain from doing a particular thing if
the Minister considers it appropriate to give such directions-
dircdims to
(aj in the interest of national security;
(h) in connection with any matter appearing to him to
affect the relations of Jamaica with another country
or territory;
(c) in order to discharge or facilitate the discharge of an
obligation binding on Jamaica by virtue of its being a
member of an international organization or a party to
an international agreement;
(cl) in order to attain or facilitate the attainment of any
other object, the attainment of which is, in the
opinion of the Minister, appropriate in view of the
fact that Jamaica is a member of an international
organization or a party to an international agreement;
(e) in order to enable Jamaica to become a member of an
international organization or a party to an
international agreement;
v) in order to prevent or deal with pollution such as noise
or vibration or any disturbance attributable to ships
used for the purpose of maritime transport.
lO.-(l) There shall be a Director-General of the Authority
(2) The Director-General shall be responsible for the
Diredor-
15'2000
Gaitral
s 3(dXbxc)
who shall be appointed by the Minister.
day-to-day management and operation of the Authority.
c
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SHIPPING 33
F
E
11.-( 1) The Authority may appoint and, employ at such Appointment
of other remuneration and on such terms and conditions as it thinks fit, a officers and
Registrar-General of Ships, a Registrar of Seafarers, a Surveyor- employees.
General of Ships, a Principal Receiver of .Wreck, surveyors,
registrars and such and so many other officers, employees and
agents as it thinks necessary for the proper carrying out of the
provisions of this Act.
to staff appointed by the Authority.
either within or outside Jamaica as surveyors to survey and measure
ships under and for the purposes of this Act.
(2) The provisions of the Schedule shall apply in relation Schedule.
1 2 . 4 1 ) The Minister may appoint duly qualified persons based Appointment
of Surveyors.
(2) The Minister may, by order, designate any person
within or outside Jamaica to be a classification society for the
purposes of this Act and any classification society so appointed
may appoint any person as a surveyor to survey and measure ships
under and for the purposes of this Act, subject to such conditions
as the Minister may impose.
or the performance of any duties conferred on him by or under this
Act to such person or persons as he may think fit, but such
delegation shall not affect the exercise of such powers or the
performance of such duties by the Director.
(2) Any act done pursuant to a power delegated under
subsection (1) shall have the same effect as if done by, to or before
the Director.
delegate to the Director or any other officer appointed under this certain powers
Act and specified in such notice, the exercise of any powers (other and duties
than the power to make regulations) or the performance of any
duties conferred or imposed on him by or under this Act, subject
to such conditions and restrictions as may be specified in such
notice.
1 3 - 4 1 ) The Director May delegate the exercise of any powers Delegation of
14.-(1) The Minister may, by notice published in the Gazette, Minister tnay
delegate
(Vie inclusion ofthis page is nutliorized by L.N Y20011
34 SHIPPING
(2) A delegation pursuant to subsection (1) shall not affect
the exercise by the Minister of the delegated powers or the
perfo,rmance of the delegated duties.
(3) Every officer purporting to act pursuant to any
delegation under this section, shall, in the absence of proof to the
contrary, be presumed to be acting in accordance with the terms of
such delegation.
PART 111. Restriction on Trade
Trade in 1 5 . 3 1 ) Subject to subsections (2) and (3), no ship shall be
engaged in trade in or from Jamaican waters unless the ship- Jamaican waters.
(a) is a Jamaican ship; or
(b) holds a certificate of foreign registry or other document
similar or equivalent to that required by this Act.
(2) Subject to the provisions of any regulations made under
this section or of any international agreement in force in relation
to Jamaica, only Jamaican ships may be engaged in local trade in
Jamaican waters.
(3) A person not qualified by virtue of section 20 to own
a Jamaican ship shall not charter or otherwise engage any Jamaican
ship for local trade in Jamaican waters, except under and in
accordance with such conditions as the Minister may direct or
prescribe.
(4) The owner of any ship trading in or from Jamaican
waters, shall provide evidence of financial responsibility against
risks of damage to third parties, in such manner as may be
prescribed.
(5) The master or owner of any ship who contravenes
subsection (l), (2) or (4) or any person who contravenes subsection
(3) commits an offence and is liable-
(a) on conviction on indictment in a Circuit Court to a fine
or in default of payment thereof to imprisonment for a
[The inchisioii oftl i is page IS authorized by L.N. 3/2001]
SHIPPING 35
term not exceeding two years or to both such fine and
imprisonment; or
(b) on summary conviction thereof in a Resident
Magistrate’s Court to a fine not exceeding one
million dollars or in default of payment thereof to
imprisonment for a term not exceeding one year.
(6) An owner or agent of a ship commits an offence if
by any statement, document or other means of communication
he supplies to any person exercising hnctions under this Act
information which such agent knows to be misleading, false or
deceptive regarding the provision made in respect of the
financial responsibility of the ship against the risk of damage to
third parties in respect of which evidence is required under
subsection (4), and is liable on summary conviction in a
Resident Magistrate’s Court to a fine not exceeding one million
dollars, or in default of payment thereof, to imprisonment not
exceeding one year.
(7) The Minister may make regulations under this
section to provide for the circumstances under which foreign
ships may engage in local trade in Jamaican waters.
(8) Subject to the provisions of subsection (l) , this
section shall not be construed as affecting the operation of Part
VII of the Customs Act.
f ‘
PART IV. Regstration and Licensing of Ships and
Proprietary Interests in Ships
Rights and Privileges of Jumaican Ships
16. A ship required to be registered or licensed, as the case
may be, under this Act is neither entitled to be recognized as a
Jamaican ship, nor is it entitled to the rights and privileges
accorded to Jamaican ships under this Act unless it is so
registered or licensed.
1 7 . 4 1 ) A ship is required to be registered pursuant to this
Part as a Jamaican ship unless, subject to section 4 and the other
provisions of this Part, it-
c)
Entitlenient
to rights and
privileges of
Jamaican
ships.
Obligations
to register
Jamaican
ships.
15l2000
s. 4.
[The inclusion of this page i s authorized by L.N 3/200Z]
36 SHIPPING
(U) is, subject to paragraph(b), registered in another
state;
(b) is recognized by the law of a state other than Jamaica
as a ship of that state, and is by the law of that state
exempted from registration;
(c) is, pursuant to subsection (2), exempt from regis-
tration under this Act;
(6) is required to be licensed; or
(e) is exempt from being licensed.
(2) The Minister may by notice exempt generally or
specifically, from registration under this Act, a particular
licensed Jamaican ship or class thereof or a ship or a class of
ship that is required to be licensed when operating outside
Jamaican waters.
(3) Any ship which is wholly owned by persons
qualified to own a Jamaican ship, and which immediately
before the 2nd day of January, 1999, is registered in Jamaica in
accordance with the existing law, is entitled to be registered
under this Act, but subject to such conditions as may be
prescribed.
(4) Where the Minister has reason to believe that there
is some doubt as to the title of any ship registered under this
Act, he may direct the Registrar-General to require that
evidence be given to the satisfaction of the Registrar-General
that the ship is entitled to be so registered; and where, within
such period as may be prescribed by the Minister, not being less
than thirty days, evidence to the satisfaction of the Registrar-
General of the title of the ship is not given’ during such period,
the ship shall be regarded as being provisionally registered and
liable to be de-registered.
( 5 ) In this section “the existing law” means any
enactment relating to registration of ships which is in force in
relation to Jamaica immediately prior to the 2nd day of January,
1999.
[The inclusion of this page is authorized by L N 3lZOOZ]
fl
c
SHIPPING 37
18.--(1) Where a ship registered in another state, (in this
Part known as "the state of primary registratiod7)-
(a) has been bareboat chartered to any person qualified
to own a Jamaican ship;
/,
/ under this Part,
(b) otherwise satisfies the requirements for registration
it may be registered as a Jamaican ship subject to the provisions
of this section, and the provisions of section 16 shall apply
accordingly.
(2) The registration under this Part of a bareboat
chartered ship shall be on such additional terms as may be
prescribed in relation to that category of ship and, subject to the
provisions of this Act, such registration shall remain in force for
the period of the charter.
(3) The proper officer of the state of primary
registration shall be notified, in such manner as may be deemed
appropriate or as may be prescribed, of the registration of the
ship under this Act.
(4) The provisions of this Act relating to the title and
mortgage of a ship and other matters regarding proprietary
interests in the ship, shall not apply to foreign ships registered
as Jamaican ships by virtue of bareboat charter.
( 5 ) The obligations imposed by or under this Act upon
the owner of a Jamaican ship shall apply to the charterer of a
bareboat chartered ship registered under this Act as they apply
in relation to such owner.
19.--(1) Subject to such conditions as may be prescribed, a
registered Jamaican ship shall, while the circumstances
mentioned in subsection (2) subsist, be treated as if it were not a
Jamaican ship and accordingly the provisions of this Act, other
than those relating to title, mortgage and other matters regarding
proprietary interests in ships, shall not apply to the ship.
3
Additimal
provisions for
bareboa
dlarter
registration.
[The inclusion of this paec i s authorized by L.N. 3/2002]
38 SHIPPING
(2) The circumstances referred to in subsection (1) are
that-
(a) the ship is the subject of a bareboat charter;
(b) the ship is intended to be registered under the law
relating to bareboat charter registration of another
(c) any registered mortgagee of the ship has consented to
state; and ?
such registration.
Registration of Jamaican Ships
Quallfiatims
Jamaican shlp ship, namely-
20. The following are persons qualified to own a Jamaican
for owning a
(a) citizens of Jamaica;
(b) persons who pursuant to the Immigration Restriction
(Commonwealth Citizens) Act are deemed to belong
to Jamaica;
15/2000
S. 5(a).
15/2000
S. 5(b).
(c) bodies corporate or partnership established under and
subject to the law of Jamaica and having a place of
business or a managing owner or agent in Jamaica;
(d) business entities established under and subject to the
law of a state other than Jamaica which, pursuant to
that law, are entitled to own or operate ships;
(e) such other persons as the Minister may specify by
order subject to affirmative resolution of the House
of Representatives.
Requirements 2 0 A . 4 ) The owner of a ship which is registered as a
owner or Jamaican ship shall appoint a person who satisfies the
agent. requirements of subsection (2), as managing owner or agent of
S. 6. that ship, for the period during which the ship is so registered.
G for managing
15/2000
(2) A person is qualified for appointment as a
managing owner or agent if-
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SHIPPING 38.01
P
3
(a) in the case of an individual, he is resident in Jamaica;
(b) in the case of a body corporate, it is incorporated
under the laws of Jamaica, and has a place of
business in Jamaica; and
(c) the person possesses such other qualifications as may
be prescribed.
(3) A document required or authorized, by virtue of
any provision of this Act, to be served for the purposes of the
institution of, or otherwise in connection with, proceedings for
an offence under this Act, or regulations made hereunder, shall
where the person to be served is the owner of a registered
Jamaican ship, be treated as duly served on him if it is-
(a) served on any managing owner or agent for the time
being appointed in relation to the ship;
(b) sent to any such person by registered post or by
electronic other appropriate means to the address
notified (or, as the case may be, last notified) to the
registrar under section 27 in relation to the ship; or
(c) leR for any such person at that address.
(4) In addition to the other requirements of this
section, a managing owner or agent shall-
(a) provide such information with respect to the ship and
the owner thereof; and
(b) carry out such directives with respect to the managing
owner or agent’s duties and responsibilities in
relation to that ship or owner,
[The inclusion of this page i s authorized by L.N. 3/2002]
38.02 SHIPPING
as may be required by the Director.
(5) A managing owner or agent who fails to comply
with the provisions of subsection (4) commits an offence and is
liable on summary conviction thereof in a Resident Magistrate’s
Court to a fine not exceeding five hundred thousand dollars or
in default of payment thereof to imprisonment for a term not
exceeding six months.
?
mlicatim for
registration.
15/20OO
s. 7.
21 .+l) An application for the registration of a ship shall be
made to a registrar in the prescribed form accompanied by the
prescribed fee and, in accordance with sections 23 and 24-
(a) in the case of individuals (whether or not more than
one individual is seeking to be registered), by any
individual requiring to be registered as owner, or by
their or his agent;
c, (b) in the case of a body corporate, under its common seal or by its agent,
and the authority of the agent shall be notified in writing
pursuant to section 2 by the personmakingthe application.
[The inclusion of this past ir authorized by L.N. 3/ZOOZ]
SHIPPING 39
(2) The registrar to whom an application is submitted may
demand proof of ownership to his satisfaction before proceeding
with the registration of a ship.
ship, until he has made and signed a declaration of ownership in Ownership.
the prescribed form referring to the ship as described in the relevant
certificate of survey and containing the following particulars of
the ship-
22. A person shall not be registered as an Owner of a Jamaican Declaration of
the full name and address of the owner;
the owner's citizenship or national status, or in the case
of a body corporate, the constituent documents and
business thereof;
the time when, and the place where the ship was built,
or if the ship has been built outside Jamaica and the time
and place of building is not known, a statement to that
effect;
in the case of a ship previously registered outside
Jamaica, the name by which it was so registered;
the name of the master and his citizenship;
the number of shares in the ship in respect of which such
person is entitled to be registered as owner.
23.-(1) On application for the first registration of a ship the Evidenceon
following shall be produced in addition to the declaration of ~ ~ ~ s l r a t i o n ,
ownership-
(a) a builder's certificate signed by the builder of the ship
shall be produced containing a true account of-
(i) the proper denomination and the tonnage of
the ship as estimated by the builder;
(ii) the time when and the place where it was built;
and
[The inclusion ofthis page is authorized by L.N. 3QWI)
40 SHIPPING
(iii) if there has been any sale, the bill of sale under
which the ship or a share therein has become
vested in the applicant for registration unless
the declarant who makes the declaration of
ownership declares that the time and place of
its building are unknown to him or that the
builder's certificate cannot be procured, in
which case there shall be registered only the
bill of sale under which the ship or a share
therein became vested in the applicant for
registration; and
(h) in the case of a ship condemned by a competent authority,
the official copy of the condemnation order.
(2) In the case of every ship built in Jamaica, the builder
shall, if requested by an owner to do so, deliver to the owner a
signed certificate containing the particulars specified in paragraph
(a ) of subsection (1).
(3) Any builder who fails to comply with subsection (1)
or (2) or who wilfully makes a false statement in a certificate given
thereunder, commits an offence and is liable-
(a) on conviction on indictment in a Circuit Court to a fine
or imprisonment for a term not exceeding seven years;
or
(b) on summary conviction thereof in a Resident Magistrate's
Court to a fine not exceeding five hundred thousand
dollars or imprisonment for a term not exceeding five
years or to both such fine and imprisonment.
24. A ship which has previously been registered in a foreign
registry is not eligible for registration under this Act unless evidence
has been supplied to the satisfaction of the Director that-
(a) the ship has been de-registered on the day that the new
registration under this Act is to be effected or the ship's
Restrictionon
registration.
[The iiicliisioii ofrhir page is authorized by L.N. 3/2001]
SHIPPING 41
foreign registration has been cancelled or will be
cancelled on the day that the new registration is
effected; and
(b) no mortgages are outstanding against the ship or
where there are mortgages outstanding against the
ship, the holders of such mortgages have consented
in writing to the de-registration or cancellation of
the ship’s foreign registration.
24A.--(1) Separate registers shall be kept in the prescribed
form in respect of- S. 8.
(U) ships;
(b) ships under construction;
(c) ships in respect of which a provisional Certificate of
Registry is issued under section 41;
(d) bareboat chartered ships;
(e) pleasure craft; and
v) such other categories of vessels as the Registrar-
General may direct.
(2) The registration of a ship registered in the register
for ships under construction, shall upon completion of the
construction of that ship, be transferred to another appropriate
register.
(3) The registration of a provisionally registered ship
3 may, where appropriate, be transferred to another register.
(4) The registers shall be maintained by registrars in
accordance with this Part, any registration regulations made
hereunder, and any directions given by the Director.
[The inclusion of this page is .uthorized by L N 3/2002]
42 SHIPPING
Entries in
15 '2000
24B. Entries in the registers shall be made in accordance
registm
with the following provisions-
S. 8.
(U) the property in a ship is deemed to be divided into
sixty-four shares;
(b) subject to the provisions of this Part with respect to
joint owners or owners by transmission, at no time
shall more than sixty-four persons be registered as
owners of any one ship; but this provision shall not
affect the beneficial title of any number of
individuals or bodies corporate represented by or
claiming under or through any registered or joint
owner;
(c) except as provided in paragraph (e), a person may not
be registered as the owner of a fractional part of a
share in a ship, but any number of persons not
exceeding five may be registered as joint owners of
any share therein;
'1
(d) joint owners shall be regarded as constituting one
person only, as regards the persons entitled to be
registered, and shall not be entitled to dispose in
severalty of any interest in a ship, or any share
therein in respect of which they are registered;
(e) in the case of a ship wholly or partly owned by a
foreign maritime entity, a person who is a member of
that entity may be registered as owner of a fractional
part of a share in the ship if the sum of all the shares
in the ship is sixty-four.
24C. The registrar shall not register any ship purchased or
otherwise acquired where any bill of sale or other document
under or by virtue of which the ship became vested in the
applicant for registry contains any provisions, express, implied
or constructive, restricting the use of the ship or imputing any
measure of continued control thereof by the government of a
foreign state.
c Cataln reg*atlon
lY2000
ratndions on
S 8
[The inclusion of this page ia authorized by L N 3/2002]
SHZPPZNG 42.01
2 5 . 4 1 ) For the purposes of this Part only those individual Catificateof
owners, joint owners and bodies corporate recorded as owners -ds,
in the register shall be regarded as owners of the ship or a share is$m
thereof.
registry and
(2) [Deleted by Act 15 of 2000.1
( 3 ) [DeZeted by Act 15 of2000.1
(4) As soon as the requirements of this Act prelimin-
ary to the registration of a ship have been satisfactorily
complied with the registrar shall issue to the owners of the ship
or its agent, as the case may be, the Certificate of Registry and
shall enter in the register the following particulars respecting
the ship-
(a) the name of the ship, and her previous name and
(b) the details contained in the certificate of survey;
(c ) details as stated in the declaration of ownership;
(4 the name, address, occupation and nationality of its
owners, and where there is more than one owner, the
share in the ship held by each;
(e) port of registry and the official number or identity
mark;
v) the international call sign where one is assigned;
(g) the name of its builders, and the place and year of
(h) the description of the main technical characteristics;
(2) details with respect to any mortgages.
registry, if any;
construction;
( 5 ) [Deleted by Act I S of 2000.1
[The inclusion of this page is iuthorized by L.N. 3/2002]
42.02 SHPPING
Donrments to
be retained by
the Registrar.
Regi@mtion
ofmanaging
owna or agmt,
etc.
15/2000
s. 10.
(6) The Registrar-General shall keep a record in the
prescribed manner in relation to each ship registered under this
Act Of-
(a) the date of termination of the previous registration of
the ship;
of any bareboat charterer (where applicable);
received notice in writing.
(b) the name, address and, as appropriate, the nationality 7
(c) encumbrances or other charges of which he has
26. On the registration of a ship, the registrar shall retain in
his possession-
(a) the certificate of survey;
(6) the builder’s certificate;
(c) any previously made bill of sale of the ship;
(4 the copy of the condemnation order, if any;
(e) all declarations of ownership;
v) the notice of name of the ship; and
(g) the application for registration.
27.-(1) The name and address of the managing owner or
agent for the time being of every ship registered in Jamaica
shall be entered in the register of ships. G
(2) Where there is no managing owner or agent, there
shall be so registered the name of such other person to whom
the management of the ship is entrusted by or on behalf of the
owner; and any person whose name is so registered
[The inclusion of this page is authorized by L.N. 3/2002]
SHIPPING 43
3
shall, for the purposes of this Act, be under the same
obligations, and subject to the same liabilities, as if he were the
managing owner or agent. 1512000
s. 10.
(3) Where the owners of a ship decide that a person
other than the person registered should be registered as
managing owner or agent they shall so notifjr a registrar within
fourteen days of such change. i57:"
(4) If default is made in complying with the provisions
of this section each owner of the ship shall be guilty of an
offence and on conviction thereof shall be liable, in proportion
to his interest in the ship, on summary conviction thereof in a
Resident Magistrate's Court to a fine not exceeding one
hundred thousand dollars and the registration of the ship is
liable to be suspended until the default is rectified.
28.--(1) Notwithstanding that any ship in respect of which an registration. Of
application for registration has been made is entitled to be
registered, the Director may direct the Registrar-General not to
register a ship if the Director is satisfied that having regard to-
(a) the condition of the ship so far as is relevant to
safety or to any risk of pollution; or
(b) the safety, health and welfare of persons employed
or engaged in any capacity on board the ship; or
(c) the possibility that the ship is being used for crimi-
nal purposes,
[The inclusion of this page i s authorized by L.N. 3/2002]
SHIPPING
it would be detrimental to the interests of Jamaica or of
international shipping for the ship to be registered.
(2) If the Director decides to issue a direction to the
Registrar-General pursuant to subsection (1 ), he shall forthwith
inform the applicant, or agent of the ship, and the Registrar-
General shall not register the ship. 7
Cancellation 29.-( 1) The Registrar-General may, subject to subsection
(3), cancel a ship’s registration in the following
circumstances-
of regstration.
(a) where the Director informs the Registrar-General
(i) having regard to the matters mentioned in
paragraph (a), (b) or (c) of section 28(1), it
would be detrimental to the interests of
Jamaica or of international shipping for a
registered ship to continue to be registered;
or
(ii) any penalty imposed on the owner of a
registered ship in respect of a contravention
of this Act, or of any instrument in force
under this Act, has remained unpaid for a
period of more than three months and no
appeal against the penalty is pending; or
that the Director is satisfied that-
(iii) any summons for any such contravention has
been duly served on the owner of a
registered ship and the owner has failed to
appear at the time and place appointed for
the trial of the information or complaint in
question and a period of not less than three
months has elapsed since that time;
[The inclusion of this page i s authorized by L.N 3/2002]
SHIPPING 45
3
(b) if the annual fees of a registered ship have remained
(c) if a registered ship is no longer entitled to remain
unpaid for a period of more than one year; 15/2000
s. 11@).
registered;
(d) on application by the registered owner stating that he
wishes the registration of the ship to be terminated;
or
(e) upon a registered ship becoming a total loss or being
otherwise destroyed such as by shipwreck,
demolition, fire or sinking;
(2) In the event of a registered ship being in any
condition referred to in subsection (1) (e), every registered
owner of the ship or any share therein shall, immediately upon
obtaining knowledge of the event, inform the Registrar-General
who shall make an entry thereof in the register.
(3) Where-
(a) any circumstances referred to in subsection (l)(a)
applies, and it appears to the Registrar-General that
subsection (l)(b) or (c) also apply, he may serve
notice on the owner or on any representative person
for the time being appointed in relation to that ship to
produce, within twenty-one days, evidence sufficient
to satis@ the Director or the Registrar-General, as the
case may be, that the ship is eligible to remain on the
register; and if at the expiry of that period the
Director or the Registrar-General, as the case may be,
is not so satisfied, the Registrar may-
[The inclusion of this page IS authorized by L N 3/2(302]
46 SHIPPING
(i) extend the notice and ask for hrther
information or evidence; or
(ii) serve a final notice informing the owner or
the representative person of the termination
of the ship’s registry, and such termination
shall take effect seven days after the service
of that notice; 7
(b) the Registrar-General serves a notice under this
subsection on the owner of a ship in respect of which
a mortgage is registered, the Registrar-General shall
send a copy of that notice to the mortgagee at the
address recorded for him in the register.
RestridiCn
ships.
30. Subject to subsection ( 5 ) of section 69, the registrar shall
not permit the de-registration of a ship, except after giving the
prior notification in writing thereof to all registered holders of
mortgages on ships.
cm d s
of
Catiflate of 3 1 .-(l) Upon the de-registration of a ship the registrar shall
d=giem. issue to the owners thereof as shown in the register a certificate
of de-registration in the prescribed form.
(2) On receipt of the certificate of de-registration
referred to in subsection (l), the owners shall immediately
surrender the ship’s Certificate of Registry to the Registrar-
General for cancellation. C,
(3) Any person who fails, without reasonable cause to
surrender a certificate of registry when required to do so under
this Part, shall be guilty of an offence and liable on summary
conviction in a Resident Magistrate’s Court to a fine not
exceeding two hundred thousand dollars.
[The inclusion of this page ir authorized by L.N. 0/2002]
SH'PPNG 47
32. The Minister may by order published in the Gazette s$.
declare any port of Jamaica as a port of registry for the 15lZOOO
registration of ships. s. 12.
Name of Ship
f'
33.-(1) Every ship registered in the register of ships shall Zrof
have a name; and no two ships shall bear the same name.
(2) A Jamaican ship shall not be described by any
name other than that by which it is for the time being
registered.
(3) A registrar may, in accordance with the provisions
of any regulations made under this Act, refuse to register any
ship-
(U) by a name which is identical to the name of a
registered Jamaican ship; or
(b) by a name that is similar to the name of a registered
Jamaican ship or so otherwise undesirable as is
calculated to or likely to deceive or to offend the
public interest.
(4) If the registrar in pursuance of subsection (3),
rehses to register a ship, that ship shall not be registered under
the name proposed, or shall not be so registered until the
regulations are complied with, as the case may be.
,-
d (5) Any person who contravenes the provisions of
subsection (2) commits an offence and is liable on summary
conviction in a Resident Magistrate's Court, to a fine not
exceeding one hundred thousand dollars and in addition, the
ship may be detained until there is compliance with the
provisions of this section.
[The inclusion of this page i s authorized by L N 3/2002]
48 SHIPPING
Change of
name of dip.
Identisylnarks
fa fishing
vessels.
Call sip,
Certificate of
Regiw.
3 4 . 4 1 ) Subject to subsection (2), application fbr a change
of name of a Jamaican ship shall be made to the Director in
such manner as may be prescribed.
(2) The Director shall not grant permission to change
the name of a Jamaican ship, unless he is satisfied that all
registered holders of mortgages therein have been notified of
3 5 - 4 1 ) On the registration of a fishing vessel the registrar
shall allocate to it a combination and sequence of letters and
numerals (hereinafter called the “identity mark”) which he shall
cause to be entered in the appropriate register.
(2) A registrar may, in accordance with the provisions
of any regulations made under this Act, refbse to register any
fishing vessel-
(a) by a name which is identical to the name of a
registered Jamaican ship; or
(b) by a name that is so similar to the name of a
registered Jamaican ship or so otherwise undesirable
as is calculated to or likely to deceive or to offend the
public interest.
(3) Every registered fishing vessel shall display on
each side of its bow the identity mark allocated to it under this
section and shall have the name of its port of registry marked on
its stern.
(4) Any master or owner of a fishing vessel which
displays an identity mark not allocated to such vessel under this
section commits an offence.
36. Where a Jamaican ship or Jamaican fishing vessel is
equipped either with a wireless radio transmitting station or
with a radiotelephony installation it shall also have an
internationally registered code designation, that is to say,
international call letters or numbers as appropriate to Jamaica
and assigned to the ship.
Certiificate of Repstry
the proposed change of name. f
a
37. The Certificate of Registry of a Jamaican ship shall be
[The inclusion of this page is authorized by L.N. 3/2002]
SHIPPING 49
in such form as may be prescribed and shall include-
(U) the name and address of each owner of the ship,
and, in the case of an individual, his occupation,
and if there is more than one owner the proportion
of interest in the ship held by each;
(b) the name of the master;
(c) the date and place where the ship was built; and
(4 the details given in the certificate of survey.
(a) the issue of a Certificate of Registry on first regis-
(b) the loss and replacement of a Certificate of Registry;
(c) the keeping of a record of masters;
(d) the registration of alterations in a ship including the
endorsement of a change of ownership on a
Certificate of Registry;
(e) the mender of the Certificate of Registry of a ship
that is lost or broken up or that has ceased to be a
Jamaican ship;
v) the registration of ships and mortgages, referred to
in this Act as "registration regulations".
38. The Minister may make regulations relating to-
tration;
15/2000
S. 13(b).
3 9 . 4 1 ) The Certificate of Registry shall be kept on board zvzzd
the ship concerned and shall be used only in connection with Certificateof
the lawful navigation of the ship and shall not be subject to
retention by reason of any title, lien, charge or other interest of
any owner, mortgage holder or other person.
(2) No person who has in his possession or under his
control, the Certificate of Registry of a ship shall refuse or omit,
without reasonable cause, to deliver the Certificate on demand
to the person entitled to the custody thereof for the purposes of
the lawful navigation of the ship, or to any registrar, ship
surveyor, customs officer or other person entitled by law to
require its surrender.
(3) Any person who contravenes subsection (2)
0
[The inclusion of this page IS author~ud by L N 3/2002]
50 SHIPPING
commits an offence and is liable on summary conviction thereof
in a Resident Magistrate’s Court to a fine not exceeding fifty
thousand dollars.
(4) If, in any proceedings in respect of an offence
under this section, the court is satisfied that the certificate is
lost, the court shall so advise the Minister in writing.
Improper use
of Certificate
of Registry.
7 40. A master or owner of a Jamaican ship who uses for the purposes of the navigation of such ship, a Certificate of
Registry not validly in force in respect of the ship, commits an
offence, and is liable on summary conviction thereof in a
Resident Magistrate’s Court to a fine not exceeding two
hundred and fiRy thousand dollars or to a term of imprisonment
not exceeding one year or to both such fine and imprisonment.
Provisional
Catificateof
41.-(1) Where the owner of a ship, which is outside of
Jamaica and is entitled to be registered as a Jamaican ship,
intends to apply to have the ship registered as a Jamaican ship
but there is no registrar available, a customs officer or proper
officer designated to act on behalf of the Government may on
application, grant to its owner, a provisional Certificate of
Registry stating-
Registry.
(a) the name of the ship;
(b) the time and place of its purchase and the names of its
purchasers;
(c) the name of its master;
(4 the best particulars respecting its tonnage, the time
and place of its construction and other particulars
which he is able to obtain,
and shall forward a copy of the provisional Certificate at the
first convenient opportunity to the Registrar-General.
(2) The application under subsection (1) shall contain
particulars evidencing entitlement to registration as a Jamaican
ship and shall be accompanied by a statutory declaration which
shall includ-
0
(U) a declaration as to ownership;
(b) a declaration as to seaworthiness; and
[The inclusion of this p a ~ c i s authorized by L.N. 3120021
SHlPPlNG 5 1
(c) a declaration that the foreign registry of the ship, if any,
has been closed.
(3) A provisional Certificate under this section has the
same effect as a Certificate of Registry until-
(a) a Certificate of Registry is issued for the ship;
(b) the expiration of six months after the date of issue ofthe
provisional Certificate of Registry; or
( c ) until the arrival of the ship at a port in Jamaica,
whichever first occurs, and, on the occurrence of any of those
events, shall cease to have effect.
(4) The owner qr master of every ship in respect of which
a provisional Certificate is granted under this section shall,
immediately upon the Certificate ceasing to have effect surrender
it to a registrar; and any owner or master who fails to comply with
this subsection commits an offence and is liable on summary
conviction thereof in a Resident Magistrate's Court to a fine not
exceeding fifty thousand dollars.
42. Where the Minister is satisfied that a ship is intended to be fetnporary
registered as a Jamaican ship and it appears to the Minister that by Certificate
reason of special circumstances it is desirable that permission be Registry
granted to a ship to pass, without being registered, on a voyage
from any port in Jamaica to any other port within or outside Jamaica,
the Minister may direct the Registrar-General to issue a pass in
respect of the voyage, and that pass, for the time and within the
geographical limits therein mentioned. shall have the same effect
as a Certificate of Registry.
pass in lieu of
Tonnctgc Meusurement
surveyed by a surveyor and the tonnage of the ship be thereby
ascertained in accordance with the provisions of regulations made
under this Part.
4 3 . 4 1) Every ship shall before registration under this Act be survey
52 SHIPPING
Tonnage
regulations.
Marking of
ships.
Tonnage once
ascertained to
be tonnage of
ships.
(2) The surveyor shall, upon completion to his satisfaction
of the survey, grant a certificate of survey specifying the ship's
tonnage and build, and such other particulars descriptive of the
identity of the ship as may for the time being be required by the
Registrar-General.
( 3 ) The certificate of survey shall be delivered to the
Registrar-General before registration of the ship may be effected.
44.-( 1 ) The Minister may make regulations (hereinafter
referred to as "tonnage regulations") with respect to ascertaining
the tonnage of ships.
(2) Regulations under this section may make provision
for the issue of documents certifying the tonnage of any ship or
the tonnage that is to be taken for any purpose specified as the
tonnage of a ship not registered in Jamaica.
(3) In making the tonnage regulations the Minister shall
have due regard to the International Convention on Tonnage
Measurement of Ships 1969, as amended from time to time.
(4) Regulations under this section may make different
provisions for different descriptions of ships or for the same
description of any ship in different circumstances.
45.-(1) Every ship shall, before being registered in Jamaica,
be marked permanently and conspicuously in accordance with the
regulations made under this Part.
(2) Where the Registrar-General is satisfied that a ship is
insufficiently or inaccurately marked, he may suspend the
Certificate of Registry of the ship or in the absence of such
Certificate he may detain the ship until the insufficiency or
inaccuracy has been remedied to his satisfaction.
(3) The Minister may make regulations exempting any
class of ship from all or any of the requirements of this section.
4 6 . 4 1 ) Where the tonnage of a ship has been ascertained in
accordance with the tonnage regulations the tonnages assigned to
the ship shall be its tonnages.
[ rlw IIicIucinii ot 1111\ pape I S aurlionzed by L N 3,100i
SHIPPING
(2) The tonnage of a ship as ascertained under subsection
(I) shall be entered in every subsequent registration of the ship
unless-
(a) an alteration is made in the form or capacity of the ship;
or
(b ) it is discovered that the tonnage of the ship has been
erroneously computed,
and in either of those cases the ship shall be remeasured and its
tonnage ascertained according to the tonnage regulations.
4 7 . 4 1 ) Subject to subsection (3), where it appears to the ionnagc 01
Minister that a foreign state has promulgated rules on tonnage that '"rc'fi' "lil''
are substantially the same as those under the tonnage regulations
made under this Part, the Minister may order that a ship of that
state, without being remeasured in Jamaica, be deemed to be of
the tonnage denoted in its Certificate of Registry or other national
certificates relating to tonnage in the same manner, to the same
extent and for the same purposes as the tonnage denoted in the
Certificate of Registry of a Jamaican ship is deemed to be the
tonnage of that ship.
(2) Where it appears to the Minister that the tonnage of a
foreign ship as measured by the rules as to tonnage of the state to
which it belongs materially differs from that which would be its
tonnage if measured under this Act, the Minister may order that
any of the ships of that state be remeasured in accordance with this
Act, for all or any of the purposes of this Act.
Foreign and 48.--(1) Where- other
(a) a ship has been measured and registered as a foreign
ship and application for its registration as a Jamaican
ship has been made; or
(b) it has already been measured without yet being registered
as a Jamaican ship,
a surveyor may, for the purposes of section 46, accept and use any
figures of measurement contained in the latest register relating to
that ship, or in the case of an unregistered ship, in the latest
certificate of survey relating to that ship.
(The inclusion of this page is authorized by L.N. X200l)
54 SHIPPING
(2) Before acting under subsection (1 ). the surveyor shall
satisfy himself that there have been no changes of measurements.
since either the making of entries in the register or the issue of the
certificate that he proposes to use; and where any such changes
have been made he shall remeasure the ship to the extent made
necessary by the changes.
Registration of Alferutions and Registrution Anew
Registration 49.-( 1 ) Where any alteration or reconstruction of a Jamaican
ship is made that is likely to affect the ship's classification,
measurement, tonnage or load lines, the owner or master of the
ship shall, within thirty days after the completion of the alteration
or reconstruction, submit to the Registrar-General written
notification of the alteration or reconstruction, and the notice shall
be accompanied by a Certificate of Survey stating the particulars
of the alteration.
(2) Upon receipt of a notice of alteration of a Jamaican
ship under subsection ( 1 ) . the Registrar-General shall either cause
the alteration to be registered or direct that the ship be registered
anew.
(3) Where there is a failure to comply with the
requirements of subsection (1) or with a direction under subsection
(2), the Registrar-General may suspend the Certificate of Registry
of the ship in respect of which the failure occurs.
(4) If default is made in registering anew a ship that has
been altered or in registering the alteration, the owner of the ship
is guilty of an offence and on summary conviction thereof in a
Resident Magistrate's Court is liable to a fine not exceeding one
hundred thousand dollars and, where the offence is continued after
conviction, he shall be guilty of a further offence and shall be liable
on conviction to a fine of ten thousand dollars for every day during
which the offence is so continued.
of alterations
[The inclusion ofthis page is authorized by L.N. 3/2001]
SHIP PING 5 5
5 0 . 4 1 ) For the purposes of the registration of an alteration in iih1ies
a Jamaican ship, the ship's Certificate of Registry shall be produced ~ ~ e ' ~ ~ ~ : ~ : ~ ' ' ( I t
to the Registrar-General within sixty days after the alteration, and
he shall either-
(a) retain the Certificate and grant a new Certificate of
Registry containing a description of the ship as altered;
or
(b) endorse and sign on the existing Certificate a
memorandum of the alteration.
(2) The particulars of the alteration and the fact of the
new certificate having been issued or on endorsement having been
made shall be entered by the Registrar-General in the register.
5 1 . 4 1 ) Where a Jamaican ship is outside of Jamaica, and Certificate Provisional
consequent upon notification as to alterations in the ship, the whereship
Registrar-General directs that the ship be registered anew, a proper registered
officer shall grant to the master on his application in the prescribed
manner, either a provisional Certificate of Registry, describing the
ship as altered, or provisionally endorse the particulars of the
alteration on the existing Certificate of Registry.
(2) Where the proper officer grants a provisional
Certificate or provisionally endorses a certificate under this section,
he shall add to the certificate or endorsement a statement that the
same is made provisionally.
(3) The master of every ship in respect of which a
provisional Certificate has been granted or a Certificate has been
endorsed under this section shall, within ten days of the ship's arrival
thereafter at a port in Jamaica or within six months of the date of
issue or endorsement of the Certificate, whichever is the sooner,
deliver that Certificate to the Registrar-General and any master
who fails to comply with this subsection commits an offence and
is liable on summary conviction thereof in a Resident Magistrate's
Court to a fine not exceeding fifty thousand dollars.
(4) Where any ship in respect of which a provisional
Certificate is granted or a Certificate is endorsed under this section
first arrives thereafter at a port in Jamaica, application for
anew.
me inclusion of this page is authorized by L.N. 3QOOl]
56 SHIP PING
Registration
anew on
change of
ownership.
Procedure for
registration
anew.
Restriction on
re-registration
of abandoned
ships.
registration of that ship anew shall be made to the Registrar-General
and the other requirements requisite for registration shall be
complied with.
( 5 ) If, in respect of any such ship, there is failure to comply
with subsection (4), the owner of the ship commits an offence and
is liable on summary conviction thereof in a Resident Magistrate's
Court to a fine not exceeding fifty thousand dollars and, if the
offence is continued after conviction, he commits a further offence
and shall be liable to a further fine of ten thousand dollars for
every day during which the offence is so continued.
52. Where the ownership of any Jamaican ship is changed the
Registrar-General may, on the application of the owner of the ship,
direct that the ship be registered anew, notwithstanding that
registration anew is not required under this Act.
53.+ 1 ) Where a ship is to be registered anew under this Part,
the Registrar-General shall proceed as in the case of first registration
and on the receipt of the existing Certificate of Registry and upon
compliance with other prerequisites to first registration (or such of
them as the Registrar-General thinks material) he shall complete
such new registration and grant a new Certificate of Registry
accordingly.
(2) When a ship is registered anew its former register
shall be considered closed, except so far as it relates to any
unsatisfied mortgage entered in it.
(3) The names of all persons on the former register
appearing to be interested in the ship as owners or holders of
mortgages or other interests in the ship registered anew shall be
entered in the new entry in the register, and the new registration
shall not in any way affect the rights of any of those persons.
54. Where a ship has ceased to be registered as a Jamaican ship
by reason of having been wrecked or abandoned, the ship shall not
be re-registered until such ship has been surveyed by a surveyor
and certified to be seaworthy.
(The inclusion of this page is authorized by L.N 312001 1
SHIPPING 57
Licensing of'Smul1 Vessels
55.-(1) Subject to subsections (2) and (3) and the other Shipstobe licen ed.
provisions of this Act, a ship which is-
(a) under twenty-four metres in length;
(b) wholly owned by persons qualified to own a Jamaican
ship;
(c) not required to be registered under this Act; and
(d) operating in or from Jamaican waters,
is required to be licensed under this Act.
under this section-
(2) The following ships are exempt from being licensed
(a) pleasure craft of less than five metres in length not
equipped with propulsion machinery;
(b) pleasure craft of less than three metres in length equipped
with propulsion machinery of not more than five horse
power;
(c) ships registered under this Act.
(3) The Minister may in writing exempt, either generally
or specifically, ships from compliance with subsection ( 1 ), subject
to such conditions as he may stipulate.
56 .41 ) Subject to subsection (2), a licensed Jamaican ship Operation of
shall comply with such conditions as may be endorsed on the licensedship.
licence.
Jamaican ship from any of the provisions of subsection (1).
(2) The Minister may in writing exempt a licensed
57. No more than eight persons may be recorded as joint owners Maximum
owners of
licensed
Jamaican ship.
of a licensed Jamaican ship.
58 .41 ) Within seven days, or such further time as may be Registration
allowed by the Minister, after a change of ownership of a licensed or
Jamaican ship, the subsequent owner shall in writing notify the
Registrar-General of such change.
[The iiicliisron ofthis page is authorized hy L.N. 312001)
58 SHIPPING
Regulations
for licensing
ships.
Cruising craft.
Reference to
ship include
share.
Transfer ot
ship.
(2) Where the owner of a licensed Jamaican ship fails to
comply with subsection (l), the licence of the ship shall be deemed
to have been cancelled.
59. The Minister may make regulations regarding the licensing
of Jamaican ships, respectively, and without limiting the generality
of the foregoing those regulations may provide for the following
matters-
(a ) surveys and inspections;
(b ) the keeping of records; and
(c) fees.
Special Provisions.for Cruising Crafi
60. Any pleasure craft which-
(a ) is engaged in cruising in Jamaican waters;
(b) has complied with the requirements of law pertaining to
arrival of ships in Jamaican waters and the reporting
thereof; and
( c ) departs from the port or place of arrival to any other
place within Jamaican waters,
shall, for the purposes of section 5 1 of the Customs Act, be deemed
to have complied with the requirements of paragraph (6) of that
section if. immediately before leaving Jamaican waters. it complies
with the requirements of Part VI of the Customs Act (relating to
the departure and clearance of craft).
Transfers and Transmissions
61. In sections 62 to 78 references to a registered ship include a
reference to a share in such ship.
62. Every transfer of a registered ship to a person qualified to
own a Jamaican ship shall be by a bill of sale which shall be
completed in the prescribed form.
[The iiichision oftli is page is authorized by L.N. .3/ZOOl]
SHIPPING 59
63. Where a registered ship is transferred, a transferee shall Declaratloll Of
not be entitled to be registered as an owner thereof until he, or,
in the case of a body corporate, the person authorized by this
Act to make declarations on behalf of the body corporate, has
made and signed a declaration (in this Part referred to as a
declaration of transfer) referring to the ship and containing a
statement of the qualification of the transferee to own a
Jamaican ship, or if the transferee is a body corporate, of the
circumstances of its constitution and business as proof of its
qualification to own a Jamaican ship.
trallSfCX.
64.-(1) Every bill of sale for the transfer of a registered of Red*atim transfw.
ship shall, when duly executed, be produced to a registrar and
shall be accompanied by the declaration of transfer, and the
registrar-
(a) shall thereupon enter in the register of ships the
name of the transferee as owner of the ship;
(b) shall endorse on the bill of sale the fact of such en-
try and the date and time at which the entry was
made.
(2) [Deleted by Act I5 of2000.1
3 65.-(1) Where the property in a registered ship is ~ ; ~ ; ~ ~ ~
transmitted to a person qualified to own a Jamaican ship- ship on
bankruptcy,
(U) on the bankruptcy or death of the registered owner; death,^^.
(b) by any lawfhl means, other than by a transfer under
or
this Part,
[The inclusion of this pnse is authorized by L N 3/2002]
60 SHIPPING
that person shall authenticate the transmission by making and
signing a declaration (in this Part referred to as a declaration of
transmission) identifiing the ship and containing, with such
modifications as may be necessary, the statements required to
be contained in a declaration of transfer and also a statement of
the manner in which, and the person (hereinafter referred to as
the transmittee) to whom the property has been transmitted.
(2) The transmittee shall forward the documents to
a registrar, and-
(a) if the transmission is consequent on bankruptcy, the
declaration of transmission shall be accompanied by
such evidence as is for the time being admissible in
any court in Jamaica as proof of the title of persons
claiming under a bankruptcy; and
(b) if the transmission is consequent on death, the
declaration of transmission shall be accompanied by
the instrument of representation, or in the case of
death of a joint owner, by proof of survivorship to
the satisfaction of the Registrar-General.
c (3) The Registrar-General shall, on receipt of the declaration of transmission, enter in the appropriate register the
name of the person entitled under the transmission, as owner of
the ship, and, where there is more than one such person, they
shall, for the purposes of the provisions of this Act wkh respect
to the number Df persons entitled to be
[The inclwioa of this page is u~thorizad by L.N. 3/ZW2]
SHLPPLNG
registered as ownas, be regarded as one person.
61
66. Where the property in a registered Jamaican ship is FREm
transmitted on bankruptcy, death or otherwise and the ship nb uqontnns-
longer meets the requirements of this Act for registration as a 7;s
Jamaican ship, the ship so transmitted shalE thereupon be liable S. IS.
to be de-registered.
67.--(1) Where the Supreme Court, whether under this Part L'.F:ie
or otherwise, orders the sale of any ship, the order of the Court ofcourt.
shall contain a declaration vesting in a person named by the
Court, the right to transfer that ship, and that person shall be
entitled to transfer the ship in the same manner and to the same
extent as if he were the registered owner thereof.
(2) The Registrar-General and every registrar shall
comply with any direction made by the person so named by the
Court in respect of any such transfer to the same extent as if
such person were the registered owner.
3
6 8 . 4 1 ) The Supreme Court may if it thinks fit (without powaof
prejudice to the exercise of any other power of the Court), on :kyb:
the application of any interested person, make an order trmmsfer.
prohibiting for a specified time the transfer of a ship.
[The inclusion of this page IS ruthorized by L N 3/2002]
62 SHIPPING
(2) The Court may make an order under subsection (1)
on any terms or conditions it thinks just, or may refbse to make
the order or may discharge the order when made, with -or
without costs, and generally may make any other order as the
case requires.
(3) The Registrar-General without being made a party
to the proceedings, shall be served with the order of the court or
a certified copy thereof, with which order the Registrar-General
shall comply.
Mortgages
69.-(1) A Jamaican ship may be made a security for a loan
or other valuable consideration, and the instrument creating
such security (in this Part refmed to as a mortgage and in
relation to which “mortgagor” and “mortgag~” shall be
construed accordingly) shall be completed in the prescribed
form.
Mortgages of
ship.
(2) Mortgages shall be recorded by a registrar in the
appropriate register in the order in time in which they are
produced to him for that purpose, and the registrar shall endorse
and sign a memorandum on each mortgage indicating that it has
been recorded by him and stating the date and time that it was
recorded.
6
(3)The Registrar-General may, on the adviceof a
[The inclusion of this page is authorized by L N 3/2002]
WLPPING 62.01
proper officer, record a mortgage executed outside Jamaica and
produced before such proper officer.
r (4) Where a mortgage prohibits the creation of hrther
mortgages over a ship without the prior written consent of every
mortgagee, the Registrar-General shall make an entry in the
Register of Ships to that effect, and shall not register any W e r
mortgage over the ship in the absence of a c h consent.
( 5 ) Where a mortgage prohibits the transfer of the
ownership of a ship or its de-registration without the prior
written consent of the mortgagee, the Registrar-General shall
make an entry in the Register of Ships to that effect and shall
not record a transfer of the ownership of the ship or its de-
registration in the absence of such consent.
(6) The registration of a transaction without the
consent required under subsection (4) or (9, as the case may be,
shall be of no effect.
(7) A mortgage may be registered in the appropriate 15/2000
register in respect of a provisionally registered ship, and where S. 16.
a mortgage is so registered, the provisions of this Act relating to
mortgages and the registration regulations shall apply, with
such modifications as may be necessary, to provisionally
registered ships.
[The inclusion of this page is authorized by L.N. 3/ZOOZ]
62.02 SHIPPING
15/2000 (8) A mortgage registered pursuant to subsection (7)
shall continue to be a registered mortgage until it is discharged,
notwithstanding that the provisional registration of the ship to
which the mortgage relates, ceases to be effective.
S. 16.
15I20OO
S. 16. (9) A mortgage in respect of a ship under construe
tion shall be registered in the appropriate register, so, however,
that upon the registration of such a ship being transferred to
another register, the entries relating to the mortgage shall,
unless the mortgage is discharged, be transferred in like
manner to that other register.
(?
15/200O (1 0) A mortgage in respect of a ship under construction
shall, for the purposes of determining priority under this Act or
any other law, and in all other respects, be treated as a
registered ship mortgage and shall continue to be treated as such
until it is discharged, notwithstanding that the ship ceases to be
registered under this Act; and a ship under construction shall,
for the purposes of a mortgage thereon under this Act or any
other law, be treated as maritime property.
S. 16
Protedion of
undiscbarged
mntpges.
7 0 . 4 1 ) Where the registration of a ship is terminated under
this Act, then subject to subsection (2), such termination shall
not affect any entry in the Register of Ships relating to any
undischarged mortgage of the ship and a competent murt in
Jamaica may enforce such interest.
(2) Subsection (1) does not apply in the case where a
registered mortgagee has consented in writing to the entry being
cancelled. 0 obliglltim of
m d p g a to 71,-(1) Before executing any mortgage the mortgagor shall
t:i;esyhg disclose in writing to the mortgagee the existence of any
maritime lien, or prior mortgage in respect of the ship to be
mortgaged and of which the mortgagor is reasonably presumed
to be aware.
[The iacluaioa of this page is authoriz8d by L N 3/2002]
SH!P PING 63
(2) If the mortgagor fails to comply with this section the
mortgage debt, at the election of the mortgagee, becomes
immediately due and payable, notwithstanding anything to the
contrary in the mortgage.
72.-(1) When a registered mortgage is discharged the Entvof
Registrar-General shall, on production to him of the mortgage with ~$~~~~ Of
a receipt for the mortgage money or other release endorsed thereon
make an entry in the Register of Ships to the effect that the mortgage
has been discharged.
(2) For the avoidance of any doubt it is hereby declared
that when the entry referred to in subsection (1) has been made,
any estate in the ship which has passed to the mortgagee, shall
vest in the person in whom (having regard to intervening acts and
circumstances, if any) it would have vested if the mortgage had
not been made.
(3) If it is impracticable for the registered mortgage to be
produced to the Registrar-General and he is satisfied that the
mortgage has been properly discharged, he may make an entry to
the effect that the mortgage has been discharged.
7 3 . 4 1 ) If there are several mortgages registered in respect of Priority ot
the same ship, the mortgages shall, subject to subsection (2), mortgages
notwithstanding any express, implied or constructive notice, be
regarded as ranking in priority, according to the date on which
each mortgage is recorded in the register, and not by reference to
any other matter.
(2) Registration regulations may provide for the giving
to the Registrar-General by intending mortgagees of "priority
notices" in a form prescribed by or approved under the regulations
which, when recorded in the register, determine the priority of the
interest to which the notice relates.
ship available as security for the mortgaged debt, the mortgagee is
not, by reason of the mortgage, deemed to be the owner of the
ship, nor is the mortgagor deemed to have ceased to be the owner
thereof.
74. Except as far as may be necessary for making a mortgaged Mortgagee not
treated a\
64
Mortgagee to
have power of
disposal.
Mortgage not
affected by
bankruptcy.
Transfer of
mortgage.
Transmission
of interest in
mortgage in
certain
circumstances
SHIPPING
7 5 . 4 1 ) Subject to subsection (2), a registered mortgagee to
whom mortgage money is due and payable has absolute power-
(a) to dispose of the ship in respect of which he is registered
as mortgagee; and
(b) to give effectual receipts for the purchase money.
(2) Where two or more persons are registered as
mortgagees of the same ship a subsequent mortgagee shall not,
except under the order of a court of competent jurisdiction, sell the
ship without the written consent of every prior mortgagee.
76. A registered mortgage of a ship is not affected by any act of
bankruptcy committed by the mortgagor after the date on which
the mortgage is recorded, notwithstanding that the mortgagor at
the commencement of his bankruptcy had the ship in his possession,
or was the reputed owner thereof, and the mortgage shall be
preferred to any right, claim or interest therein of the other creditors
of the bankrupt or any trustee or assignee on their behalf.
77.--( 1) A registered mortgage of a ship may be transferred to
any person and the instrument effecting the transfer shall be in the
prescribed form.
(2) On production of such instrument, the Registrar-
General shall record the transfer by entering in the register the
name of the transferee as mortgagee of the ship and shall endorse
and sign on the instrument of transfer a memorandum that the
transfer has been recorded by him stating the date and time that
the transfer was recorded.
( 3 ) The person to whom any registered mortgage has
been transferred shall enjoy the same right of preference as was
enjoyed by the transferor.
78.--(1) Where the interest of a mortgagee in a Jamaican ship
is transmitted on the death or bankruptcy of the mortgagee, or by
any lawful means other than by a transfer under this Act, the
transmission shall be authenticated by a declaration of the person
to whom the interest is transmitted.
(2) A declaration made under this section shall contain a
statement of the manner in which, and the person to whom, the
property has been transmitted, and shall be accompanied by the
[The iiiclusioii ofthis page IS autkorized by L N . ; / l O O l ]
SHIPPING 65
like evidence as is required by this Act in the case of a
corresponding transmission of the ownership of a Jamaican
ship.
( 3 ) The Registrar-General on receipt of the declaration
and production of the evidence referred to in subsection (2),
shall enter the name of the person entitled under the
Mmitime Liens
79. For the purposes of sections 80 to 89, unless the context
otherwise requires “forced sale” means sale by order of a
competent court exercising admiralty jurisdiction.
80. Subject to the provisions of this Act, the following
claims in relation to the operation of a ship shall be secured by
a maritime lien-
(i) wages and other sums due to the master,
officers and other members of the ship’s
crew in respect of their employment on the
ship, including cost of repatriation and
social security contributions payable on their
behalf;
(ii) master’s disbursements or liabilities made or
incurred on account of the ship;
(b) claims for reward for the salvage of the ship;
(c) claims for port, canal, and other waterway dues and
pilotage dues;
(d) claims based on tort arising out of physical loss or
damage to property caused by the operation of the
ship, other than loss of or damage to cargo,
containers or passengers’ effects carried on the ship.
81. No maritime lien shall attach to a vessel to secufe
claims set out in paragraph (d) of section 80 which arise out of
or result fiom-
(a) damage in connection with the caniage of oil or other
hazardous or noxious substances by sea for which
compensation is payable to the claimant
/ transmission in the register as mortgage holder of the ship. -
(a) claims for-
‘d
Meaning of
ford sale.
sources of
d i m e
liens.
clriatr nd
le€ogpizad.s
di liens.
[The inclusion of thii pwa is rutborizsd by L.N. 3/2002]
66 SHIPPING
Priority of
maritime
liens.
15/2000
S. 18.
order of
maritime
liens.
priority of
15/2000
s. 19(c).
Rights of ship-
builders and
ship repairers.
1 Y2OOo
S. 2qa).
pursuant to any law providing for strict liability and
the compulsory insurance or other means of securing
such claims; or
(b) the radioactive properties of a combination of
radioactive properties with toxic, explosive or other
hazardous properties of nuclear fuel or radioactive
products or waste. ,-\
82. The maritime liens in relation to the claims specified in
section 80(u) shall take priority over any preferential rights
arising under the law of bankruptcy, and except as provided in
section 89(2)(u) and (b), no other claim shall take priority over
them.
83. The maritime liens set out in section 80 shall-
(U) rank in the order in which they are listed therein, so
however that liens securing claims arising under
paragraph (b) of section 80 shall take priority over all
other maritime liens which have attached to the ship
prior to the time when the operations giving rise to
such liens were performed;
(b) in the case of liens securing claims arising under
paragraphs (U), (c) and (d) of section 80, rankpmi
passu as among themselves;
(c) in the case of liens securing claims arising under
paragraph (d) of section 80, rank in the inverse order
of the time when the claims secured thereby accrued;
and for this purpose each claim shall be deemed to
have been accrued on the date on which the salvage
operation was terminated.
84.-(1) Where a lien or right of retention arises in respect
(a) a shipbuilder, in order to secure claims for the
building'of the ship; or
(b) a ship repairer, in order to secure claims for the repair
(including reconstruction) of the ship, effected during
such possdssion,
such right shall be postponed to all maritime liens set out in
of a ship in the possession of-
0
[The iacluaioa of this page is authorized by L.N. 3/2002]
SHIPPING 67
section 80 and, subject to subsection (2), shall take precedence
over any registered mortgage or other preferential rights.
(2) If at the time of a forced sale referred to in sections
89 and 90 the ship is in the possession of a shipbuilder or ship
repairer, such shipbuilder or ship repairer shall surrender
possession of the ship to the purchaser, but shall be entitled to
obtain satisfaction of his claim out of the proceeds of sale aRer
the satisfaction of the claims of holders of mortgages registered
under this Act and holders of maritime liens referred to in
section 80.
84A. The claims of holders of mortgages registered under
this Act shall take priority over maritime liens securing any of
the claims set out in section 80(b), (c) and (d).
85.--(1) Except in the case of a forced sale of a ship, the
maritime liens set out in section 80 shall, subject to subsection
(2), remain attached to the ship, notwithstanding any change of
ownership or of registration.
(2) The maritime liens relating to a ship set out in
section 80 shall be extinguished after a period of one year from
the time when the claims secured thereby arose unless, prior to
the expiry of such period proceedings in rem have been
instituted against the ship.
(3) The one year period referred to in subsection (2)
shall commence-
(a) with respect to the maritime lien set out in paragraph
(a) of section 80, upon the claimant’s discharge from
the ship;
(b) with respect to the maritime liens set out in para-
graphs (b) to (d) of section 80, when the claims
secured thereby arise,
and shall not be subject to interruption or suspension except that
time shall not run during the period the lien holder is legally
prevented from arresting the ship.
86. The extinction of a lien pursuant to section 85 shall not
be treated as affecting the claimant’s cause of action.
r
d
15/20OO
s. 20.
Priority of
regiaaed
mortgages.
15/20OO
s. 21.
Attachment of
maritime liens
and extindim
by lapse of
time.
Extmdion of
lien nd to
affed dha
claims.
[The inclusion of this page is authorized by L.N 3/2002]
68 SHIPPING
Assignment
and subrogation.
Notice of
forced sale to
be given.
Effed of
faced sale
and disposition
of pr d s
of sale.
8 7 . 4 1 ) The assignment of or subrogation to a claim
secured by a maritime lien shall result in the simultaneous
assignment of or subrogation to such maritime lien.
(2) Claimants holding maritime liens shall not be
entitled to the compensation payable to the owner of the ship
under a contract of marine insurance.
officer shall give or cause to be given thirty days written notice
of the time and place of such sale to-
(a) all holders of mortgages and other preferential rights
registered under this Part which have not been
issued to bearer;
(b) the holders of such mortgages and rights as have
been issued to bearer whose claims have been
notified to the officer;
(c) the holders of maritime liens set out in section 80
whose claims have been notified to the officer;
(4 the holders of liens or rights under section 84;
(e) the registered owner of the ship; and
v) the registrar of ships.
8 8 . 4 1 ) Prior to the forced sale of a ship, the executing 7
(2) The notice referred to in subsection (1) shall be in
writing and may be given by registered mail or by electronic or
other appropriate means which provide for confirmation of
receipt of the notice by the persons specified in subsection (l),
if known, and the notice shall also be published in a daily
newspaper of islandwide circulation in Jamaica.
8 9 . 4 1 ) In the event of the forced sale of a ship, all
registered mortgages except those assumed by the purchaser
with the consent of the mortgagees, and all liens and other
encumbrances of whatsoever nature, shall cease to attach to the
vessel, provided that at the time of the sale, the ship is within
Jamaica.
(2) In the event of a forced sale of a ship, the proceeds
of sale shall be distributed as follows-
(a) any sum awarded by a court as costs and expenses
arising out of the arrest or seizure and subsequent
ij
/The inclusion of this page i s authorized by L.N. 3/2002]
SHIPPING 69
r -
sale of the vessel shall be paid out first; such costs
and expenses to include the costs for the upkeep of
the vessel and the crew as well as wages and other
sums and costs referred to in paragraph (a) of section
80 incurred from the time of the arrest or seizure;
(b) where the forced sale is that of a stranded or sunken
vessel, following its removal by the Port Authority of
Jamaica in the interest of safe navigation or the
protection of the marine environment, the cost of
such removal shall be paid out next;
(c) the balance of the proceeds shall then be distributed
among-
(i) the holders of maritime liens securing any
claim under section SO($;
(ii) the holders of mortgages registered under
this Act;
(iii) the holders of maritime liens securing any
claim under section 80(b), (c) and (4;
(iv) the holders of rights under section 84;
(v) the holders of other preferential rights.
in accordance with the provisions of this Part, to the
extent necessary to satisfy the respective claims;
(4 upon satisfaction of all claimants referred to in
paragraphs (U), (b) and (c), the residue of the
proceeds shall be paid to the immediately previous
owner and it shall be freely transferable.
(3) The proceeds of a forced sale shall be made
15/20OO
s. 22.
15/20OO
s. 22.
15/20OO
s. 22,
15/20OO
s. 22.
avsilable'promptly and shall be freely transferable.
9 0 . 4 1 ) When a ship, registered in any state or a temtory catificatethat
thereof, has been the subject of a forced sale in Jamaica, the isfreeof
executing officer shall, at the request of the purchaser, and on mncum-
being satisfied that the provisions of this Part have been
complied with, issue a certificate to the effect that the ship is
Issue of
the ship
c)
brance.
[The inclusion of this page i s authorized by L N 3/2002]
70 SHIPPING
sold free of all mortgages, liens and other encumbrances except
those assumed by the purchaser, provided that the proceeds of
such forced sale have been deposited with the authority
competent to distribute such proceeds to the persons entitled
thereto.
(2) Upon production of the certificate in subsection
registered mortgages except those assumed by the purchaser,
(a) if the purchaser is eligible to register the ship in
Jamaica, may register the ship in the name of such
purchaser if the purchaser so desires; or
(b) issue a certificate of de-registration for the purpose
of the new registration,
(l), the registrar of ships shall delete from the register book all 7
and-
as the case may be.
Miscellaneous
91.-(1) Where by reason of infancy, mental illness or
defect, or any other cause, any person interested in a ship or
share therein is incapable of making any declaration or doing
any act required or permitted by this Act to be made or done in
connection with the registration or mortgage of a ship, or any
share therein, the provisions of subsection (2) shall apply.
Provision for
cases of
infancyand
(2) The legal guardian or representative of that person,
or the committee, manager or other administrator of his estate,
or if there is no such guardian, representative, committee,
manager or administrator, any person appointed by any court of
competent jurisdiction, on application made on behalf of the
incapable person or of any other person interested, may make
that declaration, or a declaration as nearly corresponding thereto
as circumstances permit, and do that act in the name and on
behalf of the incapable person, and all acts done by the
substitute shall have the same effect as if done by the person for
whom he is substituted.
[The inclusion of this page i s authorized by L N 3/2002]
S H f P P f N G 71
9 2 4 1) No notice of any trust, express, implied or constructive, [.qiiitahlr:
shall be entered in a register of ships or be receivable by the
Registrar-General .
(2) Notwithstanding the provisions of subsection ( l ) , and
without prejudice to-
(a) the provisions ofthis Act for preventing notice of trusts
from being entered i n a register or received by the
Registrar-General ;
(b) the powers of disposition and of giving receipts,
conferred by this Act on registered owners and
mortgagees;
(c) the provisions of this Act relating to the exclusion of
unqualified persons from the ownership of Jamaican
ships,
interests arising under contract or other equitable interests may
subsist in relation to a registered ship and may be enforced by or
against owners and mortgagees of ships in respect of their interests
therein, in the same manner as in respect of any other personal
property.
to be vested in any other person, the registered owner of a ship has
absolute power to dispose of the ship in the manner provided by
this Act and consequently to give effectual receipts for any money
paid or advanced by way of consideration on any disposal of the
ship.
iiitrrests
93. Subject to any rights and powers appearing from the register Rights of
94 .41 ) Where any person has any beneficial interest (otherwise Liability of
than by way of mortgage) in any ship registered in the name of
some other person as owner, the person having such beneficial
interest in the ship and the registered owner of the ship shall be
subject to all pecuniary penalties imposed by this or any other Act
on the owners of ships.
(2) In this section, "beneficial interest" includes an interest
arising under contract and other equitable interests.
72 SI-IIPPING
Dispensing
with
declarations
and evidence.
Mode of
making
declarations
Inspection of
register.
Admissibility
in evidence of
register and
Certificate of
Registry.
95. When, under this Part, any person is required to make a
declaration on behalf of himself or any body corporate, or any
evidence is required to be produced to a registrar, and it is shown
to the satisfaction of the registrar that, for any reasonable cause-
( a ) the person is unable to make the declaration; or
(h ) the evidence cannot be produced,
the registrar may. with the approval of the Registrar-General, on
the production of such other evidence and subject to such terms as
he may think fit, dispense with the requirement of such declaration
or evidence.
96.-( 1) Declarations required to be made under this Part shall
be made before-
(a ) a registrar: or
( h ) a proper officer.
(2) Declarations required to be made under this Part on
behalf of a body corporate may be made-
(a ) by the secretary; or
(h ) by any other officer of the body corporate, authorized
by that body for the purpose.
97. A person may. on payment of such fees as may be prescribed
and on application to the registrar at any reasonable time during
the hours of his official attendance, inspect any register.
98. The following documents are in the manner provided by
this Act admissible in evidence-
(a) any register required to be kept or maintained under this
Part, on its production from the custody of the registrar
or other person having the lawful custody thereof;
(b) a Certificate of Registry issued under this Act, purporting
to be signed by a registrar or other proper officer;
( c ) an endorsement on a Certificate of Registry purporting
to be signed by a registrar or other proper officer;
[The iiicliisioii ofthis page i s authorized by L.N. 3/20011
SHIPPING 73
(d) every declaration made in pursuance of this Part in
respect of a Jamaican ship.
99. Any person who- Forgery of
documents.
(a) forges or fraudulently alters;
(b) assists in forging or fiaudulently altering; or
(c) procures to be forged or fiaudulently altered,
any document required to be supplied or maintained under this
Part, including any register, builder’s certificate, certificate of
survey, Certificate of Registry, declaration, bill of sale or
instrument of mortgage, or any entry or endorsement required
by this Part to be made in or on any such document commits an
offence and on conviction on indictment thereof in a Circuit
Court is liable to a fine or to imprisonment for a term not
exceeding five years, or to both such fine and imprisonment.
lOO.-(l) Any person who, in any declaration made in the
presence of or produced to a registrar or proper officer under
this Part, or in any document or other evidence produced to
such registrar or proper officer-
(a) willhlly makes or assists in making or procures to
be made any false statement concerning the title to
or ownership of or the interest in any ship; or
(b) utters, produces or makes use of any declaration or
document containing any false statement, knowing
the same to be false,
commits an offence and on conviction on indictment thereof in
a Circuit Court is liable to a fine or to imprisonment for a term
not exceeding three years or to both such fine and
imprisonment.
(2) Without prejudice to the provisions of subsection
(1) any person who wilfidly makes a false declaration
conceming-
;1,
(a) the qualification of himself or of any other person to
own a Jamaican ship; or
(b) the entitlement of the ship to be registered,
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74 SHIPPING
Failure to
certificate or
licence.
produce
15/20OO
S. 24.
Intapretation.
Application
for exempt
status.
commits an offence and shall be liable on summary conviction
thereof in a Resident Magistrate’s Court to a fine not exceeding
two hundred and fifty thousand dollars, or to imprisonment for
a term not exceeding three years, or to both such fine and
imprisonment.
? 101. If the master of any ship which is owned wholly by
persons qualified to own a registered Jamaican ship or a
licensed Jamaican ship, as the case may be, fails, on the lawful
demand by an Inspector or proper officer, to produce the
Certificate of Registry or the licence, as the case may be, of the
ship or such other evidence as satisfies the Minister that the ship
complies with the requirements of this Part, that ship may be
detained until that evidence is produced.
PART IVA. Taxation and Other Concessions
101A. In this Part-
exempted ship;
be an exempted ship under section 101 C;
“exempted seafarer” means a seafarer serving on board an
“exempted ship” means a ship which has been declared to
“foreign-going trade” means-
(U) trade to or from Jamaica;
(b) trade between ports outside Jamaica;
“~peration’~, in respect of an exempted ship, means the
operation of that ship by the owner thereof and
includes the operation of that ship under charter;
“shipping entity” means a partnership, foreign maritime
entity, body corporate or other business entity that is
qualified to own a Jamaican ship and owns, operates or
is a bareboat charterer of a Jamaican ship.
A shipping entity which intends to own or
operate an exempted ship shall submit an application in writing
in the prescribed form to the Director containing the
0
101B.-(l)
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SHIPPING
following particulars-
75
r
(a) the name of the shipping entity;
0) the name and tonnage of the ship which it wishes to
own or operate as an exempted ship;
(c) the address of the registered office of the shipping
entity and of the managing owner or agent;
(' such other particulars as may be prescribed,
and shall notifi the Director in writing from time to time of any
changes to such particulars.
(2) A ship shall not be eligible to be declared an
exempted ship unless-
(U) it is a registered Jamaican ship owned or operated by
the shipping entity concerned;
(b) it is engaged in foreign-going trade;
(c) all fees payable under this Act in respect thereof
have been duly paid; and
(6) except in the case of a ship of under twenty-four
metres in length, it is engaged in the carriage of
goods or passengers.
(3) The Director shall, not later than three days after
receiving the application submit the application, accompanied
by his recommendation thereon to the Minister.
tion and recommendations under section lOlB and, subject to ship
such conditions as he may deem appropriate-
101C. The Minister may, after consideration of an applica- rze;'" Of
(a) by order published in the Gazette, declare the ship
(3) rehse the application.
concerned to be an exempted ship; or
101D.-(1) A shipping entity which owns or operates :;@:$&,
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76 SHIPPING
exempted ships (in this Part called an approved shipping entity)
shall, during the concession period, be eligible for the benefits
conferred under this Part if it is regarded as being engaged
solely in the business of owning or operating exempted ships,
and it shall be so regarded notwithstanding-
(a) that it has power to engage in and has engaged in
operations incidental to the ownership or operation of
exempted ships; or
(b) the investment of the profits derived from such
ownership or operation in other assets,
if the principal business of the shipping entity remains that of
owning or operating exempted ships.
(2) In this section “concession period” in relation to
the ownership or operation of an exempted ship by an approved
shipping entity means, subject to subsection (3), the period of
ten years beginning on the commencement date of the relevant
order under section 101 C.
An approved shipping entity may prior to the
expiration of the ten-year period under subsection (2), make an
application in the prescribed form for an extension of the
concession period.
The provisions of this Part shall, with such
modifications as may be necessary, apply for an application
under subsection (3) and the extended period as they apply in
relation to the original application and concession period.
101E. Subject to the provisions of this Part, the status of a
ship as an exempted ship and the benefits conferred under this
Part, shall terminate upon the occurrence of any circumstance
specified in section 29(1).
1
(3)
(4)
Termination
of beneffis.
0
Exemption l O l F . 4 1 ) The following shall be exempt from
tax. income tax-
fiom income
(a) the income of an approved shipping entity, in respect
of gains or profits derived fiom the ownership
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SHIPPING 76.0 1
or operation by the entity of an exempted ship;
(b) any dividend paid to shareholders or, as the case may
be, profits paid to partners of such shipping entity out
of income exempted from income tax under
(c) where such a shareholder is a company any dividend
paid to the shareholders of that company to the extent
that such dividend is paid out of gains or profits
derived fiom the ownership or operation of an
exempted ship or out of that company’s share in such
profits.
paragraph (4;
(2) There shall be exempt from income tax, any
interest or other income payable to a person by an approved
shipping entity in respect of any loan raised or other debt due
by such shipping entity for the purpose of-
(U) acquiring the ownership of an exempted ship; or
(b) the operation of an exempted ship.
(3) Nothing in this section shall exempt an approved
shipping entity from its obligation under the Income Tax Act-
(a) to deduct and account to the Commissioner of
Taxpayer Audit and Assessment for income tax
required to be withheld from emoluments payable to
its employees; or
(6) to render to that Commissioner returns and informa-
tion.
101G. The transfer of shares in an approved shipping entity EF:n:fa
shall be exempt fiom tax under the Transfer Tax Act. tax.
101H.41) An approved shipping entity shall be exempt
fiom that portion of stamp duty which would otherwise be taxes,drlies
and fees.
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76.02 SHIPPING
Validity of
crew agreement
of an
exempted ship.
Special
provisions
for
expediting
registration.
National
charader of
ship to be
declared on
clearance.
Right to fly
flag of
Jamaica.
National
colours.
payable by it in respect of any instrument executed by it or on
its behalf.
(2) No customs duty, tax payable under the General
Consumption Tax Act, or other similar impost shall be payable
upon any article imported into Jamaica, or taken out of bond in
Jamaica by an approved shipping entity and shown to the
satisfaction of the Commissioner of Customs to be required for
the use of the entity in the operation of an exempted ship.
1011. An approved shipping entity and an exempted seafarer
may enter into a crew agreement based on the mutual consent or
act of the parties thereto and, notwithstanding section 122, such
agreement shall be valid and enforceable in law.
10 1 J. Notwithstanding any other provisions of this Act, the
Minister may, for the purposes of this Part, as he deems
necessary waive any requirement of the Act in order to facilitate
the expedition of any matter in relation to the registration of
ships in Jamaica.
9
PART V. National Character and Flag
102.-(1) Without affecting the operation of any other
provision of this Act, an officer of customs shall not grant a
clearance to any ship if on arrival of the ship the master does
not declare to that officer the name of the flag state of the ship.
(2) I f a ship attempts to proceed to sea without such
clearance the ship may be detained in accordance with this Act
until the declaration is made.
103.-(1) The national flag of Jamaica may be flown only
on a ship registered or licensed in accordance with this Act.
(2) Nothing in this section shall be construed to
prohibit the use in Jamaican waters in relation to Jamaican ships
which are exempt fiom registration or licensing under this Act,
of the national colours of Jamaica.
c/
104. The national flag of Jamaica constitutes the national
colours of a Jamaican ship.
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SHIPPING 76.03
105.41) The master of a Jamaican ship shall cause the
(a) on a signal being made to the ship to such effect by
a ship in the service of the Government and
carrying out the provisions of this Act;
(b) on entering or leaving any Jamaican or foreign port;
(c) when passing a warship of any qavy; and
(4 while in a Jamaican port, from sunrise‘ to sunset.
Jamaican national colours to be hoisted on the ship-
(2) If default is made on board any ship in complying
with the provisions of this section the master of the ship is
guilty of an offence and on summary conviction in a Resident
Magistrate’s Court thereof is liable to a fine not exceeding fifty
thousand dollars.
(3) Where there are hoisted on board any Jamaican
ship-
(a) any colours or pendant usually worn by ships of the
Jamaica Defence Force; or
(b) the national colours of any other state, except those
of any foreign state in whose waters the ship is for
the time being,
the master of the ship, or the owner thereof if he is on board the
ship, or any other person hoisting the pendant or colours, is
guilty of an offence and is liable on summary conviction
thereof in a Resident Magistrate’s Court to a fine of fifty
thousand dollars and to seizure of the colours or pendant.
106.41) If a person, other than in the circumstances
mentioned in subsection (2), uses the Jamaican flag and
assumes the Jamaican national character on board a ship owned
in whole or in part by any person not qualified to own a
Jamaican ship, for the purpose of making the ship appear to be
a Jamaican ship, the ship shall be subject to forfeiture under
this Act.
(2) The circumstances mentioned in subsection (1) are
that the assumption has been made in the exercise of some
belligerent right for the purpose of escaping capture by an
enemy or by a foreign warship.
P,
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showing of
national
wlours.
Penalty for
assuming
Jamaican
dmada.
unduly
76.04 SHIPPING
National flag
on foreign
ship.
Penalty for
Jamaican
charadex or
assuming
charadex.
mcealing
foreign
Liabilities of
ship not
recognized as
a Jamaican
ship.
(3) In any proceeding for enforcing any forfeiture
mentioned in subsection (l), the burden of proving the right to
use the Jamaican flag and assume the Jamaican national
character shall lie upon the person using and assuming the
same.
1 0 7 . 4 1 ) A person who uses or permits any person to use
the Jamaican flag on board a foreign ship for the purpose of
making that ship appear to be a Jamaican ship commits an
offence and is liable on summary conviction thereof in a
Resident Magistrate’s Court to a fine of five hundred thousand
dollars or to imprisonment for three years or to both such fine
and imprisonment.
(2) In any proceedings under this section the burden of
proving the right to use the flag and to assume the character of a
Jamaican ship is upon the person using the Jamaican flag.
108.-(1) The master or owner of a Jamaican ship commits
an offence if he does anything or permits anything to be done or
carries or permits to be carried any papers or documents with
intent to conceal the Jamaican character of the ship fiom any
person entitled by the law of Jamaica to inquire into the same,
or with intent to assume a foreign character, ix with intent to
deceive any person so entitled, and the ship concerned shall be
liable to forfeiture under this Act.
(2) A master or owner of a ship who commits an
offence under subsection (1) is liable, on summary conviction
thereof in a Resident Magistrate’s Court, to a fine not exceeding
three hundred and fifty thousand dollars or to imprisonment for
a term not exceeding two years or to both such fine and
imprisonment.
7
109. [Repealed by Act 1-5 of 2000.1
110.-(1) Where under this Act a ship which is owned L1
wholly by persons qualified to own a Jamaican ship and is
not-
(a) registered or licensed as a Jamaican ship; or
(b) exempted fiom such registration or licensing,
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SHIPPING 77
that ship shall not be entitled to any benefits, privileges, advantages
or protection usually enjoyed by Jamaican ships or to use the
national colours or assume the national character of Jamaica.
(2) Notwithstanding the provisions of subsection ( 1 ), in
relation to the payment of dues, the liability to fines and forfeiture
and the punishment of offences committed on board that ship, or
by any persons belonging to it, the ship shall be dealt with in the
same manner in all respects as if it were registered in Jamaica and
recognized as a Jamaican ship.
PART VI. Manning and CertiJication
11 1. In this Part "S T C W Convention" means the International interpretation.
Convention on Standards of Training, Certification and
Watchkeeping for Seafarers, 1978 as amended in 1995 together
with any hrther amendments thereto as may be in force in relation
to Jamaica.
112. In making regulations or exercising any other powers in Sciierne of
regulations pursuance of this Part the Minister shall act in such manner as
appears to him to be necessary for giving effect to the S T C W
Convention.
113.-(I) The Minister may make such regulations as are Regulations
considered necessary or expedient to provide for the manning E:$$and
requirements for Jamaican ships and the qualifications of seafarers qualifications
serving on such ships and for matters connected therewith, and in
without limiting the generality of such powers, in particular he Jamaican ships.
may make regulations-
of persons
(U) determining the categories of Jamaican ships by reference
to their tonnage capacity, the nature of their cargo and
the trading areas of voyages in which they are engaged;
(b) respecting the manning requirements in relation to such
classes or descriptions of ships as may be prescribed,
trading in such areas as may be prescribed, and in
particular requiring ships to carry such number of
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78 SHIPPING
qualified officers of any description, qualified medical
practitioners and qualified cooks and such number of
ratings of any description as may be specified in the
regulations:
prescribing conditions as to the nationality of a person
for service on board any Jamaican ship, or any ship
engaged in local trade in Jamaican waters;
requiring that in any case a ship shall be under the charge
of a properly certificated master and that watches at sea
and in port are always kept by appropriately qualified
ratings and officers;
providing for such ships as may be prescribed to be
provided with only certificated or qualified seafarers
when going to sea from any place whether within or
outside of Jamaica;
requiring seafarers and other persons performing
prescribed functions in relation to the operation and
maintenance of ships to be holders of certificates of
competence, proficiency, qualification, authorization or
otherwise and to satisfL such other conditions as may be
prescribed, including conditions as to nationality and
providing for the grant, revocation, extension, validation,
suspension, endorsement or variation and the form and
recording of such certificates;
relating to the holding and conduct of examinations for
certificates described in paragraph 0, the qualifications
of candidates and examiners, the appointment, removal,
reappointment and remuneration of such examiners, the
fees for such examinations, and all such other matters as
the Minister thinks necessary or expedient for the purpose
of such examinations.
providing for the exemption df persons with prescribed
qualifications or experience from the whole or parts of
examinations for certificates described in paragraph 0;
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S H I P P I N G 79
providing for the programmes of training and the
curricula of study to be followed in the training of
seafarers;
providing for the establishment, maintenance and
operation of schools for the training of persons for
certification as seafarers, and designating from time to
time institutions as recognized or affiliated places of
training;
prescribing the manner in which enquiries may be
instituted before a tribunal appointed under section 4 1 1,
the procedure to be followed in the conduct of such
proceedings;
prescribing any other matter which may be, or is required
by this Act to be prescribed.
(2) Regulations made pursuant to subsection (1) may, in
respect of the breach of any provisions thereof, provide penalties
in excess of the penalty provided in section 29 ( b ) of the
Interpretation Act, so, however, that such penalties shall not exceed
a fine of two hundred thousand dollars or imprisonment for a term
not exceeding twelve months or both such fine and imprisonment.
1 1 4 . 4 1) Any person- Offences
(a) who serves as a seafarer on board a Jamaican ship without
being the holder of a valid certificate of competence or
proficiency appropriate to the category in which he is
engaged to serve; or
(b) who, either on his own account or acting in the capacity
of agent, engages any person as a seafarer on a Jamaican
ship without taking all necessary steps to ascertain
whether such person is the holder of a valid certificate
appropriate as aforesaid,
commits an offence under this Act and is liable on summary
conviction thereof in a Resident Magistrate's Court to a fine not
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80 SHIPPING
exceeding five hundred thousand dollars or to imprisonment for a
term not exceeding two years or to both such fine and
imprisonment.
(2) For the purpose of paragraph (b) of subsection (l),
where it is established that a seafarer is engaged to serve in any
category without being the holder of a valid certificate of
competence or proficiency appropriate to that category, the onus
shall be on the person who engages that seafarer to prove that he
has taken such steps as may be prescribed to ascertain that the
seafarer was at the time when he was engaged, the holder of a
valid certificate appropriate to the capacity in which he is engaged
to serve.
(3) Any person whu-
(a) makes or procures or assists in making any false
representation for the purpose of obtaining for himself,
or for any other person any certificate issuable under
this Act or any certified copy thereof; or
(h) forges, assists in forging or procures the forging of such
certificate or copy aforesaid; or
(c) fraudulently alters or assists in the fraudulent alteration
of, such certificate or copy, or procures it to be
fraudulently altered; or
(4 fraudulently makes use of any such certificate or copy
aforesaid that is forged, altered, cancelled, or suspended
or to which he is not entitled; or
( e ) fraudulently lends his certificate to, or allows it to be
used by, any other person; or
V ) makes or has in his possession any document so closely
resembling any such certificate as to be calculated to
deceive,
SHIPPING 81
commits an offence and is liable-
(i) on conviction on indictment in a Circuit Court
to a fine or to imprisonment for a term not
exceeding five years or to both such fine and
imprisonment; or
(ii) on summary conviction in a Resident
Magistrate's Court to a fine not exceeding five
hundred thousand dollars or to imprisonment
for a term not exceeding two years, or to both
such fine and imprisonment.
(4) Any person-
(a) who, not being the holder of a valid certificate of
competency issued or recognized under this Part; or
(b) who, during a period when, pursuant to section 422, his
certificate is suspended or approval thereof is withdrawn,
as the case may be,
takes or uses any title, addition or description implying or calculated
to lead persons to believe that he is entitled to serve as a seafarer
on a Jamaican ship commits an offence and is liable on summary
conviction in a Resident Magistrate's Court to a fine not exceeding
one hundred and fifty thousand dollars or to imprisonment for a
term not exceeding one year or to both such fine and imprisonment.
P
L"
PART VII. Engugement and Welfare of Seamen
Engugemenr ( I f 'Seamen
115. The functions of the Registrar of Seamen are- Functions o t
Registrar of
(a) to conduct all business connected with the engagement Seamen.
and discharge of all persons who serve on board Jamaican
ships and all seamen being citizens of Jamaica who serve
on foreign ships;
[The iiicliisioii of th is page is nutliol-ized hy L.N. 3/2001]
82 SHIPPING
(b) to afford facilities for engaging and discharging seamen
by keeping records of the names and conduct of-
(i) seamen who apply to him for engagement;
(ii) seamen shipped or discharged by him;
(iii) seamen who produce continuous discharge
certificates in proof of service in foreign or
Jamaican ships;
(iv) seamen who serve in Jamaican ships;
(c) to cause copies of the certificates referred to in paragraph
(b ) (iii) to be kept at his office;
(6) to perform such other duties relating to seamen.
apprentices and ships as are by or in pursuance of this or
any other enactment relating to shipping entrusted to him.
Crew 1 1 6 . 4 1 ) Subject to subsection (2)-
agreement.
(a) the owner or other person having control of the
employment of seamen on a Jamaican ship shall enter
into a crew agreement in accordance with this Act with
every seaman whom he engages and carries to sea as
one of his crew; and
(b) a crew agreement shall be entered into with every seaman
engaged in Jamaica or carried to sea from Jamaica as
crew of a ship.
(2) Subsection (1) shall apply where the ship concerned
is not less than one hundred gross tons so, however, that the Minister
may make regulations for the engagement of seamen and matters
pertaining to the engagement of seamen in respect of such ships.
(3) The Minister inay waive the requirements stipulated
in subsection ( I ) , or he may vary the contents of the prescribed
form of the crew agreement in respect of any ship if he considers it
expedient to do so and ifhe is satisfied that the rights of the seamen
to be engaged will be adequately protected.
[The iiiclusioii oftliis page is authorized by L.N. 3 l2OOl ]
SHIPPING 83
117.-( 1) A crew agreement shall be executed in the prescribed content\ ot
form and manner and shall be dated at the time of the first signature ~lgreement
thereof, and shall be signed by the master before any seaman signs
his name thereon.
(2) The crew agreement shall state the place at which it is
made, the surname and other names ofthe seaman, his birth-place,
and his age or date of his birth, and shall state clearly the respective
rights and obligations of each of the parties, and shall contain in
addition thereto the following particulars-
(a) the name of the ship in which the seaman undertakes to
serve;
(b ) either the nature and, as far as is practicable. the duration
of the intended voyage or engagement, or the maximum
period of the voyage or engagement, which shall not
exceed twelve months, and the port at which it is intended
that the crew shall be discharged, and the places or ports
of the world, if any, to which the voyage or engagement
is not to extend;
(c ) the number and description of the crew;
(d) if possible, the place and date at which each seaman is
to be on board or to begin work;
( e ) the capacity in which each seaman is to serve;
v) the amount of wages which each seaman is to receive;
(g ) the prescribed scale of the provisions which are to be
furnished to seamen;
(h) the time that is to expire after arrival at the port of
discharge before the seaman is discharged;
(i) any rules regarding conduct on board and as to fines and
other lawful punishment for misconduct which have been
prescribed by the Minister for adoption by parties to a
new agreement and which the parties agree to adopt;
ue\ \
84 SHIP PING
Regulations
for disciplin-
ary offences.
Conduct both
disciplinary
offence and
offence under
this Act.
Procedures
relating to
certain crew
agreements.
0) a list of persons under the age of eighteen years and the
dates of their births.
(3) The crew agreement shall be so drawn up as to admit
of such stipulations to be adopted at the will of a master and seaman
in each case, whether respecting the advance and allotment of wages
or otherwise, as are not contrary to law.
(4) An agreement made to employ a seaman under this
section is terminated by-
(a) the mutual consent or act of the parties thereto;
( h ) the death or inability of the seaman to proceed due to
illness;
(c) the loss or total unseaworthiness of the ship;
(d) the sale of the ship;
(e) expiration of time.
118. For the purpose of maintaining discipline on board Jamaican
(a) categorizing any misconduct on board as a disciplinary
offence and enabling the master or such an officer as
may be designated by the master to impose fines on
seamen committing disciplinary offences;
(h ) the procedure for the hearing of appeals against fines
for disciplinary offences.
119. Where any conduct is both a disciplinary offence and an
offence under this Act, then if it has been dealt with as a disciplinary
offence it shall not, unless otherwise directed by the Director of
Public Prosecutions, be dealt with as an offence under this Act.
120. The following provisions shall have effect with respect to
a crew agreement made in the case of Jamaican ships engaged on
an international voyage-
( U ) the agreement shall, subject to the provisions of this Act
as to substitutes, be signed by each seaman;
ships, the Minister may make regulations providing for-
SHIPPING 85
(b ) the master of the\ship shall cause the agreement to be
read over and explained to each seaman or otherwise
ascertain that each seaman understands the agreement
before he signs it and shall attest to each signature;
(c ) when the crew is first engaged, the agreement shall be
signed in duplicate, and one part shall be forwarded to
the owner and the other shall be retained by the master
and shall contain a special place for the descriptions and
signatures of substitutes or persons engaged subsequent
to the first departure of the ship;
(d) where a substitute is engaged in the place of a seaman
who duly had signed the agreement and whose services
had, within twenty-four hours of the ship proceeding to
sea, been lost by death, desertion or other unforseen
cause, the master shall, before the ship proceeds to sea
if practicable, and if not, as soon as possible thereafter,
cause the agreement to be read over and explained to the
substitute, and the substitute shall thereupon sign the
same in the presence of a witness and the witness shall
attest to the signature;
(e) an agreement may be made for one voyage, however, if
the voyages on which the ship is engaged average less
than six months in duration, an agreement (in this Act
called a "running agreement") may be made to extend
over two or more voyages;
v) a running agreement shall not extend beyond the twelve
months' period next following the making of the
agreement or the first arrival of the ship at its port of
destination after the termination of that period;
(g) on every return to the port where the crew was engaged
before the final termination of a running agreement, the
master shall make on the agreement an endorsement as
to the engagement or discharge of seamen, either that
~~ ~
inclusion of this page is authOnh.ul by L.N. 3/2001]
86 SHIPPING
no engagements or discharges have been made or are
intended to be made before the ship leaves port, or that
all those made have been made as required by law, and
if the master wilfully makes a false statement in any such
endorsement he is guilty of an offence;
(h) the duplicate crew agreement retained by the owner on
the first engagement of the crew shall be kept by the
owner for a period of seven years after the expiration of
the agreement and shall be produced on demand made
therefor by the Registrar of Seamen or other proper
officer;
except as provided in section 137 a crew agreement shall
not purport to deprive any court of its jurisdiction to hear
and determine disputes respecting the agreement.
121.-(1) The master shall, at the commencement of every
international voyage cause a legible copy of the crew agreement
omitting the signature to be displayed in some part of the ship
which is accessible to the crew.
(2) Every erasure, amendment or alteration in any crew
agreement, except additions made for the purpose of specifying
substitutes or persons engaged after the first departure of the ship,
shall be without effect unless made with the consent of all persons
interested in the erasure, amendment or alteration.
(3) In any proceedings, a seaman may introduce evidence
to prove the contents of any crew agreement or otherwise to support
his case without producing or giving notice to produce the
agreement or any copy thereof.
(4) Every person who fraudulently alters, makes any false
entry in or delivers a false copy of any crew agreement is guilty of
an offence.
Terms not to 122. To the extent that any terms or conditions adopted by the
lawofJamaica. parties to a crew agreement are contrary to the law of Jamaica irl
(i)
Further
to crew
agreement.
provisions as
be contrary to
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SHIPPING 87
matters relating to wages and conditions of employment of seamen
and masters on board ships such terms and conditions shall have
no effect and fhe relevant provisions of Jamaican law shall be
deemed to apply.
123.-(1) Subject to section 18 1, the master shall sign and give Seaman's
to a seaman discharged from his ship, either on his discharge or on discharge
payment of his wages, a certificate of his discharge in a form
approved by the Registrar of Seamen specifying the period of his
service and the time and place of discharge.
(2) A certificate of discharge under subsection (1) shall
not contain any statement as to the wages or the quality of work of
the discharged seaman.
(3) The master shall, upon the discharge of every officer
whose certificate of competency has been delivered to and retained
by him, return the certificate to the officer.
the master thereof shall make and sign a report in the prescribed
form (in this Part called a ''Character report"), in which the master-
(a) shall report on the conduct, character and qualifications
of the seaman who is being discharged; or
(b) may state that he declines to give any report on the
conduct, character and qualifications of the seaman who
is being discharged,
certificate of
1 2 4 . 4 1) When a seaman is discharged fiom a Jamaican ship, Character
report
which report shall be sent to the Registrar of Seamen.
(2) The master before whom the discharge of a seaman is
made shall, subject to section 18 1 and if the seaman so desires,
give the seaman a copy of the character report on the seaman.
125. A person commits an offence who- Offences
(a) makes a false report of character knowing the same to
be false;
(The inclusion of this p a p is authorized hy L.N. 3/2001]
88 SHIPPING
(b) forges or fraudulently alters any certificate of discharge
or character report or copy of a character report;
(c) fraudulently uses any certificate of discharge or character
report, that is forged or altered or that does not belong to
him.
Discharge on 1 2 6 4 1 ) Where a Jamaican ship-
change of
ship's registry. (a) ceases to be registered as such; or
( b ) is transferred or disposed of,
any seaman employed in the ship shall be discharged from the
ship, unless he consents in writing to continue his employment in
the ship.
(2) Where the ship is no longer registered as a Jamaican
ship, the provisions of this Part relating to the payment of a seaman's
wages and power of the Registrar of Seamen or other proper officer
to decide disputes about wages shall apply in relation to his wages
as if the ship had remained registered in Jamaica.
(3) Where the ship has been transferred or disposed of
the provisions of this Part relating to the certificate of discharge
and return of the seaman to a proper return port apply as if his
service had terminated otherwise than by his consent to be
discharged during the currency of the agreement.
127.-(1) No person under the age of sixteen years shall be
employed in any Jamaican ship.
(2) Subject to subsection (4), no person under the age of
eighteen years shall be employed in any capacity in any Jamaican
ship unless there has been delivered to the master of the ship a
certificate granted by a duly qualified medical practitioiier certifying
that such person is fit to be employed in that capacity.
Prohibitionof
of penons
Ye=
employment
under sixteen
( 3 ) Every medical certificate under subsection (2)-
(a) shall be valid for one year from the date of issue, unless
earlier revoked; and
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SHIPPING 89
(b) may at any time be revoked by a duly qualified medical
practitioner if he is satisfied that the person is no longer
fit for work.
(4) No person under the age of eighteen years shall be
employed or work in the engine-room of any ship, unless that young
person is an apprentice working under supervision.
international voyage shall, before leaving Jamaica, sign and send certa,n ships
to the Director a full and accurate statement, in the prescribed form
of every change which takes place in his crew before finally leaving
Jamaica and that statement shall be admissible in evidence.
(2) Any master who without reasonable cause fails to
128 .41 ) The master of every Jamaican ship engaged on an CIianges 111
crew of
comply with this section is guilty of an offence.
master is removed, superseded or for any other reason ceases to
have command or charge of the ship, and is succeeded in the
command or charge of the ship by some other person, he shall
deliver to his successor the Certificate of Registry and the various
documents which are in his custody relating to the navigation of
the ship and to the crew thereof; and if he fails without reasonable
cause to do so, he is guilty of an offence.
(2) The successor to a master shall, immediately on
assuming the command of a ship, enter in the of'ficial log book a
list of the documents so delivered to him.
necessary or expedient in relation to the conditions of service of of
persons serving in Jamaican ships and of Jamaican citizens serving
in foreign ships and, in particular, those regulations may provide
for-
129.--(1) Where, during the progress of a voyage of a ship, the Change of
master
130. The Minister may make such regulations as he considers Regulations
for conditions
(a) apprenticeship to sea service;
(b) engagement of Jamaican citizens on foreign ships;
90 SHIPPING
the implementation of any international convention
relating to the employment, welfare, security,
certification or status of seafarers;
the avoidance of agreements made contrary to any such
regulations;
wages in general, and the rights related thereto of persons
employed in Jamaican ships, securing safe working
conditions, health and welfare for seafarers and
apprentices employed in ships;
the accommodation to be provided for seafarers and
apprentices on board ships, the locations and standards
of accommodation; and
the employment of persons under the age of eighteen
years.
Use of
language.
131.-(1) Except where otherwise provided in this Act, all
correspondence, documents, forms or other writings shall be in
the English language, and in the case of the crew agreement, official
log book and muster lists, in a prescribed form save that a foreign
language version of any document may be appended to the English
language version thereof.
(2) All written signs displayed on board a Jamaican ship
shall be in the English language with, if it is considered to be
necessary by the master, a foreign language version appended
there to.
132.41) A Jamaican ship shall not proceed to sea where in the
opinion of the Director the crew of the ship consists of, or includes
persons who may not understand orders given to them in the course
of their duty because of their insufficient knowledge of English
and the absence of adequate arrangements for transmitting orders
in a language of which they have sufficient knowledge, and the
Director shall inform the master of his opinion.
English
Crew's
English.
knowledge of
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SHIPPING 91
(2) The owner or master o fa ship which is taken to sea in
contravention of this section commits an offence and the ship is
liable to be detained.
WUgeS
133. The owner or other person responsible for employing the rime and
crew of a Jamaican ship shall subject to the terms of the relevant ~ ~ ~ ~ ~ ~ ~ ~ , ! , +
crew agreement pay to each seaman employed on that ship. his wages
wages-
(a) if demanded, within two days after the arrival of the ship
at the port where the crew is to be discharged or upon
the seaman's discharge, whichever first happens; or
(b) at such regular intervals as may be provided in the
agreement.
134.-(1) The master of every Jamaican ship shall, before Accountof
wages. discharging a seaman, deliver at the time and in the manner
provided by this Act a full and true account of the seaman's wages
and of all deductions to be made therefrom for any reasons
whatever.
(2) The account shall be delivered to the seaman not less
than twenty-four hours before his discharge.
allowed unless it is based on conditions included in the crew
agreement and has been included in the account delivered in
pursuance of section 134 or relates to a matter happening after the
delivery.
(2) The master shall, during the voyage, enter the various
matters in respect of which the deductions are made in a book kept
for that purpose, and shall, if required, produce the book at the
time of the payment of wages and also upon the hearing before
any competent authority of any complaint or question relating to
that payment.
135.41) A deduction from the wages of a seaman shall not be Deductions
from wages.
(The inclusion of this page is authorized by L.N. 3/2001]
92 SHIPPING
Settlement of
wages.
Registrar's
decision as to
wages.
Registrar may
require ship's
documents.
136.-( 1 ) When a seaman is discharged, and the settlement of
his wages has been completed, he shall sign a release, in a form
approved by the Registrar of Seamen, of all claims in respect of
the past voyage or engagement; and the release shall be signed by
the master or owner of the ship, as the case may be.
(2) The release, so signed and attested, shall operate as a
mutual discharge and settlement of all demands between the parties
thereto in respect of the past voyage or engagement.
( 3 ) The release shall be delivered to and retained by the
owner for a period of seven years after the expiration of the
agreement and shall be produced on demand made therefor by the
Registrar of Seamen or other proper officer.
1 3 7 . 4 1 ) Where a question relating to a seaman's wages, of
whatever nature and whatever the amount in dispute, between a
master or owner and any of his crew is raised before the Registrar
of Seamen and both parties agree in writing to submit the same to
him, the Registrar shall hear and decide the question so submitted.
(2) An award made by the Registrar on the submission
shall be conclusive as to the rights of the parties, and a document
purporting to be the decision on the award shall be admissible in
evidence in the manner provided by this Act.
138. In any proceedings under this Act before the Registrar of
Seamen relating to wages, claims or discharge of a seaman, the
Registrar may-
(U) require the owner or his agent or the master or any officer
or other member of the crew to produce any log books
or other documents in his possession or power relating
to a matter in question in the proceedings;
(b) require the attendance of and may examine any ofthose
persons who are then at or near the place on the matter;
and
(c) administer oaths.
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SHIPPING 93
139. In any proceedings under this Act before the Registrar of Reimburse-
ment of Seamen relating to the wages, claims or disputes or discharge of Registrar
seamen, all travelling and other expenses incurred by the Registrar
shall be met by the owner or master of the ship in dispute.
ship for payment of his wages or any part thereof in a specific
currency, any payment of or on account of his wages if made in
any other currency than that stated in the agreement shall,
notwithstanding anything in the agreement, be made at the rate of
exchange for the amount stated in the agreement for the time being
current at the place where the payment is made, and such rate of
exchange shall be endorsed on the agreement by a proper officer
at that place.
141. Where, before the Registrar of Seamen or a proper officer, Registrar may
a question as to wages is raised between the master or owner of a wage disputes,
ship and a seaman. and the amount does not exceed one hundred
thousand dollars or the wages earned in one voyage by the seaman
concerned, whichever is the greater, the Registrar of Seamen or
proper officer may-
(a) on the application of either party, decide the question
and the decision shall be final; but
(b) if the Registrar of Seamen or proper officer is of the
opinion that the question is one which ought to be decided
by a court, he may refuse to decide it.
142. In any proceedings by the master of a ship or person courtmay
recovery of any sum due to him as wages, the court, unless it appears where there is
140. Where a seaman has agreed with the master of a Jamaican Rate of
exchange
settle certain
employed in a ship otherwise than under a crew agreement for the on award wages interest due
to it that the delay in paying the sum was due to-
no crew
agreement.
(a) a mistake;
(b ) a reasonable dispute as to liability;
( c ) the act or default of the person claiming the amount; or
94 SHIPPING
Allotment
notes.
Wage where
service
terminated.
Protection of
seaman's rigl1tS
and remedies.
(4 any other cause not being the wrongful act or default of
the person liable to make the payment or their servants
or agents.
may order them to pay in addition to the sum due, interest on it at
the rate of twenty per cent per annum or such lower rate as the
court may specify. for the period beginning seven days after the
sum became due and ending when the sum is paid.
143.-(1) Sub-ject to this section, a seaman may, by means of
an allotment note issued in accordance with regulations made under
subsection (2), allot a part of the wages to which he will become
entitled in the course of his employment in a Jamaican ship.
(2) The Minister may make regulations-
(a) relating to the limitations to which H seaman's right to
make an allotment are subject;
( b ) prescribing the form of allotment notes;
(c) relating to the right of a person named in an allotment
note to sue in his own name.
144.-(1) Where the service of a seaman terminates before the
date contemplated in the agreement by reason of his being left on
shore at any place due to his unfitness or inability to proceed on
the voyage. such seaman shall be entitled to wages for time served
up to such termination but not for any further period.
(2) Where the service of a seaman terminates before the
date contemplated in his agreement by reason of the wreck. loss or
foundering of the ship on which he is employed. he shall be entitled
to receive wages in respect of each day on which he is in fact
unemployed during a period of two months from the date of
termination of the service at the rate to which he was entitled at
that date, except so far as he obtains other suitable employment.
145.-(1) Subject to subsection (3) a seaman's lien on a ship,
his remedies for the recovery of his wages, his right to wages in
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SH/PPING 95
case of the wreck or loss of the seaman's ship, and any right he
may have or obtain in the nature of salvage shall not be capable of
being renounced by any agreement.
(2) Any stipulation in any agreement inconsistent with
subsection (1) or any other provision of this Act shall be void.
(3) Subsection (1) does not affect any term ofan agreement
made with the seamen belonging to a ship which, in accordance
with the agreement, is to be employed on salvage service which
then relates to the remuneration to be paid to them for salvage
services rendered by that ship.
146 .41 ) Where, during a seaman's employment in a ship, ci,ll1115
expenses are incurred by a public officer for the benefit of any of ~ ~ ~ i ~ ~ ~ t s
his dependants and the expenses are of a kind specified in wagesfor
regulations made under this section and such conditions as may be
specified in the regulations are satisfied, the public officer may by
notice in writing require the persons employing the seaman-
(a) to retain for a period specified in the notice such
proportion of his net wages as may be so specified; and
(b) to give to the public officer notice in writing of the
seaman's discharge from the ship,
and the persons employing the seaman shall, subject to subsection
(3), comply with the notice, and give notice in writing of its contents
to the seaman.
mdintendnc
(2) For the purposes of this section-
(a) the following persons, and no others, shall be taken to
be a seamank dependants, that is to say, his spouse and
any person under the age of sixteen years, for whom he
is liable for the purposes of any enactment to maintain,
or in respect of whom he is liable under such enactment
to make contributions to a local authority; and
(b) expenses incurred for the benefit of any person include
in addition to any payments made to him or on his behalf,
[The iilcliiwm 01 t h i \ pigc I \ c i u l l l o ~ i d hv I N V2001 I
96 S H I P PING
expenses incurred for providing him with accommo-
dation or care or for exercising supervision over him,
but no expenses shall be specified in the regulations
unless they are such that a Resident Magistrate's Court
has power to order the making of payments in respect
thereof.
( 3 ) No more than the following proportion of a seaman's
net wages shall be retained under subsection ( I ) whether in
pursuance of one or more notices, that is to say-
( a ) one-half, if the notice or notices relate to one dependant
only;
( h ) two-thirds, if the notice or notices relate to two or more
dependants.
(4) Where a public officer has served a notice under this
section on the persons employing a seaman, a Resident Magistrate's
Court may, on the application of the officer, make an order for the
payment to the officer of such sum, not exceeding the proportion
of the seaman's wages which those persons were required by virtue
of this section to retain, as the court having regard to the expenses
incurred by the officer and the seaman's means thinks fit.
( 5 ) Any sums paid out of a seaman's wages in pursuance
of an order under this section shall be deemed to be paid to him in
respect of his wages; and the service, on the persons who employed
the seaman, of such an order or of an order dismissing an application
for such an order shall terminate the period for which they were
required to retain the wages.
(6) An application for an order under this section for the
payment of any sum by the persons who employed a seaman shall
be deemed, for the purposes of any proceedings, to be an application
for an order against the seaman; but the order, when served on
those persons, shall have effect as an order against them and may
be enforced accordingly.
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SHIPPING 97
(7) Any notice or order under this section may be served
(8) Subject to the provisions of this section. the Minister
by registered post.
may make regulations specifyiiig-
the expenses in respect of which a notice may be served
by a public officer under subsection (1);
any conditions that must be satisfied if such a notice is
to be served:
the period that may be specified in such a notice being a
period beginning with the service of the notice and ending
a specified number ofdays after the seaman's discharge
from his ship;
the form of such a notice and the information to be
contained therein;
the amounts to be deducted from a seaman's wages in
computing his net wages for the purposes of this section,
and the amounts specified under this paragraph may
include amounts allotted by allotment notes issued under
section 143.
(9) In this Part "spouse" includes-
(a) a woman who cohabits with a man as if she were in law
his wife;
(b ) a man who cohabits with a woman as if he were in law
her husband.
1 4 7 . 3 1 ) The master ofa Jamaican ship, so far as circumstances Master's
permit, shall have the same rights. liens and remedies for the ~~~~~~~~~,
recovery of his wages as a seaman has for his wages under this and dishurse-
Act or any other law.
(2) The master of a Jamaican ship. and every person
lawfully acting as a master of a ship by reason of the death or
Illellt.
98 SHIPPING
incapacity from illness of the master of the ship, so far as
circumstances permit, has the same rights, liens and remedies for
the recovery of disbursements or liabilities properly made or
incurred by him on account of the ship as a master has for the
recovery of his wages.
(3) Where, in any proceedings regarding the claim of a
master in respect of wages or of the disbursements or liabilities
mentioned in subsection (2), any right of set-off or counter-claim
is set up, the court may enter into and adjudicate upon all questions
and settle all accounts then arising or outstanding and unsettled
between the parties to the proceeding, and may direct payment of
any balance found to be due.
148.---( 1 ) The right to wages shall not depend on the earning of
freight, and every seaman and apprentice who would be entitled to
demand and recover any wages if the ship in which he has served
has earned freight, shall, subject to all other rules of law and
conditions applicable to the case, be entitled to demand and recover
the same notwithstanding that the freight has not been earned.
(2) Where a seaman or apprentice who would, but for
death, be entitled by virtue of this section to demand and recover
any wages, dies before the wages are paid, they shall be paid and
applied in the same way as the wages of a seaman who dies during
a voyage.
149. A seaman shall not be entitled to wages for any time during
which he unlawfully refuses or neglects to work when required,
whether before or after the time fixed by the agreement for him to
begin work, or for any period during which he is lawfully
imprisoned for any offence committed by him, unless the court
hearing the case otherwise directs.
lSO.-( 1 ) Where a seaman is, by reason of illness, incapable of
performing his duty, and it is proved that the illness had been caused
by his own wilful act or default, or is a sickness or infirmity wilfully
Wages not
freight.
dependent on
Refusal to
work.
Illness caused
by own
default.
concealed at the time of engagement, he shall not be entitled to
wages for the period during which he is, by reason of the illness.
incapable of performing his duty.
(2) Subsection (1) does not affect the right of any seainan
to any payment or other benefits to which he niay be entitled under
any law providing for compensation to in-jured or sick workers.
151. When in any proceeding relating to a seaman's wages it is ( o\t\
shown that the seaman has, in the course of the voyage, been LOI,VIL,I,lI,
convicted of an offence and punished by imprisonment or
otherwise, the court hearing the case may direct any part of the
wages due to the seaman, not exceeding one month's wages, to be
applied in reimbursing any costs properly incurred by the master
in procuring the conviction and punishment.
152. Where a seaman who has signed a crew agreement is Iiiiprcipci
discharged otherwise than in accordance with the terms of the ti"c""rgc
agreement-
(a) before the commencement of the voyage; or
(b ) before one month's wages are earned.
proLiii i i iy
without fault and without his consent. he is entitled to receive from
the master or owner, in addition to any wages he might have earned,
due compensation for the damage caused to him by the discharge,
not exceeding one month's wages; and he may recover that
compensation as if it were wages duly earned.
accruing to a seaman-
153.-( 1) The following provisions apply to wages due or I'rotcctioii
w,1&!c\
(a ) subject to section 146, wages are not subject to
attachment by any court;
(b) an assignment or sale of wages before they are due does
not bind the person making it;
(c) no power of attorney or authority for the receipt ofwages
is irrevocable; and
100 SHI PPlNG
(d) a payment of wages to a seaman is valid in law
notwithstanding that the wages have been sold, assigned,
attached or encumbered.
(2) Nothing in subsection (1) affects the provisions of this
(3) Nothing in this section applies to any disposition
( a ) in the payment of contributions to a fund declared by
regulations to be a fund to which this section applies;
(b) in the payment of contributions in respect of the
membership o f a body declared by regulations to be a
body to which this section applies.
154.---(1) Every seafarer is entitled after twelve months of
continuous service on a Jamaican ship, or for the same employer,
to annual leave with pay, or to a proportionate part of such leave,
the duration of which shall be-
(a) in the case of master and officers, not less than eighteen
working days; and
(h) in the case of other members of the crew, not less than
twelve working days.
(2) For the purpose of calculating the time at which annual
leave is due-
( U ) periods between consecutive crew agreements shall be
included in the reckoning of continuous service referred
to in subsection (1);
( h ) short interruptions of service not due to the act or fault
of the employee and not exceeding a total of six weeks
in any twelve months do not break the continuity of the
periods of service that precede and follow them; and
(c) continuity of service is not interrupted by any change in
the management or ownership of the ships in which the
person concerned has served.
Act with respect to allotment notes.
relating to the application of wages-
Leave and
holidays.
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SHIPPING 101
(3) The following shali not be included in annual leave
with pay-
(a) interruptions of service due to sickness or injury; and
(b) public holidays.
(4) In addition to the entitlement under subsection (l) ,
every member of the crew of a Jamaican ship is entitled to ten
days annual leave with pay in lieu of public holidays; and if the
length of continuous service is less than twelve months, then the
annual leave with pay shall be pro-rated.
155. The Supreme Court shall not have jurisdiction to hear or Jurisdiction ot
Supreme determine any action, suit or proceeding instituted by or on behalf court in the
of any seaman or apprentice for the recovery of wages, not recoveryof
exceeding one hundred thousand dollars or the remuneration for
one voyage, except where-
wages.
(a) the owner of the ship is bankrupt;
(b) the ship is under arrest or is sold by the authority of the
Supreme Court; or
(c) a Resident Magistrate's Court refers the claim to the
Supreme Court.
156.41) Where proceedings are instituted in a court in relation Power to
rescind to a dispute between an owner or master of a ship and a seaman,
arising out of or incidental to their relationship as such, or is
instituted for the purpose of this section, the court may, if, having
regard to all the circumstances it thinks it just to do so, rescind any
contract or any contract between the owner or master and seaman,
or any contract or articles of apprenticeship, upon such terms as
the court thinks just.
(2) The jurisdiction of a court under subsection (1) is in
addition to any other jurisdiction that the court can exercise
independently of this section.
[The inclusion of this page is authorized by L.N. 3/2001]
102 SHlPPlNG
Property of Deceased Seumun
157.-( 1) Where any seainan belonging to a Jamaican ship dies
during a voyage. the master of the ship shall take charge of any
money or effects belonging to the deceased seainan that are on
board the ship.
Property of
deceased
seaman
(2) The master shall enter in the official log book-
( a ) a statement of the amount of the money and a description
of the effects; and
(b ) a statement of the wages due to the deceased, the amount
of deductions, if any, to be made from the wages and the
balance of the wages due.
(3) The entry shall be signed by the master and attested
by an officer or some other member of the crew.
(4) The master, if he thinks fit, may cause any of the effects
of a deceased seaman to be sold.
(5) The master of the ship shall without delay and prior to
any proposed sale under subsection (4) furnish the Registrar of
Seamen with a statement of the property of the deceased seaman.
( 6 ) The money, effects and balance of wages mentioned
in subsections (1) to (3) and the proceeds of the sale carried out
pursuant to subsection (4) are in this Act referred to as the property
of the seaman.
158.-(1) Subject to subsection (2), the property of the seaman
shall be delivered, by the master of the ship by the most practicable
means, to the personal representative of the deceased; or, if there
is no personal representative, the master shall deliver the property
of the seaman to the Registrar of Seamen or to the proper officer
as the case may be, for disposal-
(a ) in accordance with the law for determining the
distribution or succession of personal property of
deceased persons of the place in which the deceased was
last resident; or
~ e l i v e r y of
property.
deceased
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S H I P PING I03
(b ) in accordance with the order ofacourt having jurisdiction
to determine the distribution of the property of the
deceased.
(2) A master may deduct from the property of the seaman
any expenses properly incurred in complying with subsection (1).
(3) After complying with subsection (l), the master shall
deliver a statement of account to the Registrar of Seamen respecting
the property of the seaman.
obtaining, either for himself or for any other person, any property
of the seaman-
159. A person is guilty of an offence, who for the purpose of I:orgery of
documents
forges or fraudulently alters any document purporting
to show or assist in showing any right to that property;
makes use of any document that has been forged or
fraudulently altered as described in paragraph (U);
gives or assists in giving or procures to be given any
false evidence knowing the same to be false;
makes any false representation knowing the same to be
false; or
assists in procuring any false evidence or representation
to be given or made knowing the same to be false.
Occuputional Safity
160.41) The Minister may make regulations for securing. as Occup?tional
far as is practicable, safe working conditions and safe means of ~$~,io,,,
access for masters and seamen employed in Jamaican ships, and
for requiring the reporting of injuries sustained by them.
(2) Without prejudice to the generality of subsection (l),
regulations under this section may-
(a) require the maintenance, inspection and testing of any
equipment and impose conditions on its use;
~~~ ~
[The inclusion of this page is authorized by L.N. 3/2OOl]
104 SHIPPING
( h ) require, prohibit, or regulate the use of any material or
process;
( c ) require the provision and use of any protective clothing
or equipment;
(4 limit the hours ofemployment of seamen in any specified
operation or in any specified circumstances;
(e) make provision for the discharge, by persons appointed
from among the crew, of functions in connection with
the arrangements to be made under the regulations.
(3) Regulations made under this section shall be without
prejudice to the provisions of the Factories Act or regulations made
thereunder.
Provisions
Prov I sions 161.-( 1 ) The Minister may make regulations requiring such
provisions and water to be provided for seamen employed in
Jamaican ships or any class of ships as may be specified in the
regulations.
(2) Where the provisions of any regulations made under
this section are not complied with in the case of a ship the master
or owner is guilty of an offence and is liable on summary conviction
in a Resident Magistrate's Court to a fine not exceeding fifty
thousand dollars, unless he proves that the failure to comply was
not due to his neglect or default.
(3) Where a person empowered under this Act to inspect
the provisions and water to be supplied to the seamen employed in
a Jamaican ship is not satisfied that they are in accordance with
regulations made under this section, the ship, if in Jamaica, may
be detained.
162.-(1) Where three or more members of the crew of a
Jamaican ship consider that the provisions or water provided for
the use of the crew are, at any time, deficient in quantity or quality,
and water
Cornplaintsas
and water.
to provisions
~ ~~~ ~ ~~~
[The iiicliisio~i oftliis page IS authorized by L.N. 3/2001]
SHiPPiNG I OS
they may complain thereof to the Registrar of Seamen or a proper
officer, who may either examine the provisions or water complained
of, or cause them to be examined.
(2) Where the person conducting an examination under
this section finds that the provisions or water are deficient in
quantity or quality, he shall communicate that fact in writing to
the master of the ship, and if the master does not thereupon provide
adequate provisions or water fit for human consumption he is guilty
, of an offence.
(3) The person conducting the examination shall enter a
statement of the result of the examination in the official log book
and send a report thereof to the Registrar of Seamen, and that report
is admissible in evidence in the manner provided by this Act.
of provisions provided for a seaman is less than the prescribed provisions.
quantity or quality, the seaman shall receive by way of
compensation for the deficiency in quantity or quality, for so long
as it lasts, such amounts as may be prescribed to be paid to him in
addition to, and to be recoverable as. wages.
(2) Where the deficiency in quantity occurred becadse
the provisions could not be procured or supplied in proper quantities
and proper equivalent substitutes were supplied in lieu thereof,
those circumstances shall be taken into consideration for the
purposes of subsection (1) and the compensation reduced or denied
accordingly.
163.--(1) If during the voyage of a Jamaican ship the allowance Allowance for
short or bad
164.-(1) The master of a Jamaican ship in which provisions Weights and are supplied to the crew shall keep on board proper weights and measures.
measures for determining the quantities of the several provisions
and articles to be distributed, and the master shall allow the weights
and measures to be used in the presence of a witness at the time of
distribution of the provisions and articles whenever any dispute
arises about the quantities.
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I06 SHIPPING
(2) A master who fails without reasonable cause to comply
with subsection ( l ) , commits an offence.
165. The Minister may make regulations providing for the
inspection of Jamaican ships at regular intervals regarding the
provisions and water for crew.
166. In making regulations in relation to the health,
accommodation or general welfare of a ship's crew the Minister
shall have due regard to the provisions of any international treaty
instrument in force in respect of Jamaica relating to any such matter.
Health and Welfare
167. The Minister may make regulations as appear to him to be
necessary in relation to the medical examination of all persons
seeking employment in any capacity on board Jamaican ships and
the issue of medical certificates in respect of such persons.
168.--(1) The Minister may make regulations with respect to
the crew accommodation and facilities to be provided in Jamaican
(2) Without prejudice to the generality of subsection ( l ) ,
Regulations
provisions,
Regardhadto
regarding
international
treaty.
Medical
fitness
regulations.
Crew
accommoda-
tion
regulations. ships.
regulations made under this section may, in particular-
prescribe the minimum space per person which shall be
provided by way of sleeping accommodation for seamen
and the maximum number of persons by whom a
specified part of such sleeping accommodation may be
used;
prescribe the equipment to be provided for the sleeping
accommodation, mess rooms, sanitary accommodation
and galleys in a ship;
regulate the spaces in the ship in which the crew
accommodation or any part thereof may be located and
the standards to be observed in the construction,
equipment and furnishing of any such accommodation;
provide for the protection of the crew against injury,
condensation, heat, cold and noise on a ship;
[The inclusion nfthis page is authorized by L.N. 3/2001)
precribe the water, heating, lighting, ventilation and
sanitary facilities to be supplied on a ship:
require the submission to a surveyor of plans and
specifications of any works proposed to be carried out
for the purpose of the provision or alteration of any such
accommodation and authorize the surveyor to inspect
any such works;
provide for the maintenance and repair of any such
accommodation and prohibit or restrict the use of any
such accommodation for purposes other than those for
which it is designed; and
provide for the inspection, measuring and marking of
crew accommodation on a ship and its certification for
the purpose of ascertaining tonnage.
(3) Regulations made under this section may exempt any
particular ship or any class of ship from any requirements of the
regulations.
(4) Regulations made under this section may require the
master of a ship or any officer authorized by him for the purpose
to carry out such inspections of the.crew accommodation as may
be prescribed.
(5) Where the provisions of any regulations made under
this section are contravened in the case of a ship, the owner or
master is guilty of an offence and the ship, if in Jamaica, may be
detained.
( 6 ) In this section "crew accommodation" includes
sleeping accommodation, mess rooms, sanitary accomnlodation,
store rooms and catering accommodation provided for the use of
seamen, but does not include any accommodation which is also
used by, or provided for the use of, passengers.
I07
169.41) Subject to subsection (2), every Jamaican ship of one Certificated cook to b
thousand gross tons or more shall carry a duly certificated ship's carried,
cook.
(The iiicliision oftliis page IS aiitlioiized by L N 3/2001]
108 SHIPPING
(2) Where i n the opinion of the Minister there is an
inadequate supply of certificated ship's cooks he may exempt a
particular ship from the requirements of this section for a specified
period.
(3) For the purposes of this section a ship's cook is deemed
to be duly certificated if he is the holder of an appropriate certificate
having regard to regulations under this Act.
170.-( 1 ) The Minister may make regulations requiring
Jamaican ships to carry such medicines, medical stores, medical
appliances and books containing instructions and advice, as may
be specified in the regulations.
(2) The owner or master of every ship shall ensure that
the ship carries medicines, medical stores, appliances and books
in accordance with the scales laid down under subsection (1).
(3) Where a proper officer is of the opinion that the
medicines, medical stores, appliances and books on a Jamaican
ship are deficient in quantity or quality or are placed in improper
receptacles, he shall give notice thereof in writing to the master,
owner or agent of the ship, and the ship may be detained.
Expensesfor 171.--(1) Where the master of, or a seaman belonging to, a
treatment and Jamaican ship receives any surgical or medical treatment, or such
burial. dental or optical treatment, including the repair or replacement of
any appliance, as cannot be postponed without impairing the
efficiency of the master or seaman, the reasonable expenses thereof
shall be borne by his employer.
(2) Where the master or seaman dies while employed on
a Jamaican ship, and is buried or cremated outside his country of
residence, the expenses of his burial or cremation shall also be
borne by his employer.
Medical 172.- 1 ) Every Jamaican ship engaged on international voyages
to be carried, that proceeds from a port with not less than one hundred persons
on board shall carry on board as part of its complement a duly
qualified medical practitioner.
Medical stores
regulations
medical
practitioners
[The inclusion oftliis page is authorized by L.N. 3/2001]
S H I P PING I09
(2) The owner of a .Jamaican ship operated in
contravention of subsection (l) , is guilty of an offence and liable
on conviction thereof to a fine of ten thousand dollars in respect of
each day of every voyage of the ship on which the ship is so
operated.
advisory board to be called the National Seamen's Welfare Board welfare
for the purpose of advising him on the measures to be taken for
promoting the welfare of seamen.
(2) Regulations made by the Minister pursuant to
subsection (1) may contain such provisions as he may think fit for
the proper functioning of the Board.
informs the master of the ship that he wishes to make a complaint complaints
to the proper officer or the Registrar of Seamen, or take proceedings
in a Resident Magistrate's Court against the master or any of the
crew, the master shall, as soon as the service of the ship will permit.
allow the complainant to go ashore, so that he can make his
complaint or-
(a) if the ship is then at a place where there is a Resident
Magistrate, proper officer or the Registrar of Seamen, at
that place; or
(b) if the ship is not then at such a place, upon its arrival at
such a place.
(2) A master ofa ship who fails, without reasonable cause,
to comply with this section. commits an offence and is liable on
summary conviction thereof in a Resident Magistrate's Court to a
fine not exceeding fifty thousand dollars.
173.-( 1) The Minister may. by regulations, constitute an Welfare Board
for seamen's
174.-(1) Where a seaman while employed on a Jamaican ship Facilities tor
making
Protection o#Seurnen, jrom Imposition
175. Subject to this Act, an assignment or sale of any salvage Assignment
and sale of payable to a seaman that is made before the salvage accrues does salvage,
[The inclusion of this page is ailthorizcd hy L.N. 3/2001)
110 .SHIPPING
not bind the person making the assignment or sale, and a power of
attorney or authority for the receipt of any such salvage may be
revoked regardless of its terms.
Seaman's 176. A debt exceeding a prescribed percentage of a seaman's
total earnings as indicated in the crew agreement. if incurred by
the seaman after he is engaged to serve, is not recoverable until
the service agreed for is concluded.
debts.
Provisions as to Discildine
Endangering 1 7 7 . 4 1 ) The master or any member of the crew o f a .Jamaican
ship who by wilful breach or by neglect of duty, or by reason of'
being under the influence of alcohol or drugs-
life or ship.
(U) does any act which causes or is likely to cause the loss,
destruction or serious damage of the ship, or which
causes or is likely to cause death or serious injury to a
person belonging to, or on board, the ship; or
( b ) refuses or omits to do any thing lawfully required to be
done by him for preserving the ship from loss, destruction
or serious damage, or for preserving any person
belonging to or on board the ship, from danger or serious
inj ur y ,
is, unless it is proved that the use of the drug concerned was for
the treatment of a medical disorder, and pursuant to and in
accordance with the prescription of a duly qualified medical
practitioner, guilty of an offence and is liable on summary
conviction thereof in a Resident Magistrate's Court to a fine not
exceeding two hundred and fifty thousand dollars or to
imprisonment for twelve months or to both such fine and
imprisonment.
(2) In this section "drug" means any chemical agent
affecting living tissue.
SHIPPING
178.---(1) Where a seaman or apprentice engaged on a Jamaican Cienrral offences
'Igl"l \ t
dr\L'pllne
leaves the ship without leave after its arrival at a port
and before it is placed in security, he is liable to forfeit
out of his wages a sum not exceeding one week's pay;
wilfully disobeys any lawful command. he commits an
offence and is liable on conviction thereof to
imprisonment for one month, and to forfeit out of his
wages a sum not exceeding two days' pay;
continually disobeys any lawful command, or continually
and wilfully neglects his duty, he commits an offence
and is liable on summary conviction thereof in a Resident
Magistrate's Court to imprisonment for three months,
and to forfeit for every twenty-four hours continued
disobedience or neglect either a sum not exceeding two
days' pay or any expenses properly incurred in hiring a
substitute;
assaults the master or any mate or officer of the ship, he
commits an offence and is liable on summary conviction
thereof in a Resident Magistrate's Court to imprisonment
for one year;
combines with any of the crew to disobey lawful
commands or to neglect duty or to impede the navigation
of the ship or the progress of the voyage, he commits an
offence and is liable on summary conviction thereof in a
Resident Magistrate's Court to imprisonment for one year;
wilfully damages his ship, or dishonestly misappropriates
or converts to his own use, or commits criminal breach
of trust in respect of, or wilfully damages, any of its
stores or cargo, he commits an offence and is liable on
summary conviction thereof in a Resident Magistrate's
Court to imprisonment for one year and to forfeiture out
of his wages a sum equal to the loss thereby sustained;
112 S H I P PING
(g ) commits an act of smuggling, whereby loss or damage
is occasioned to the master or owner of the ship, commits
an offence and is liable on summary conviction thereof
in a Resident Magistrate's Court to pay to the master or
owner a sum sufficient to reimburse the loss or damage
and the whole or a proportionate part of wages may be
retained in satisfaction or on account of that liability
without prejudice to any further remedy;
(h ) aids or procures a person to stowaway on his ship, and
that person is afterwards convicted of the offence, he
commits an offence and is liable on summary conviction
thereof in a Resident Magistrate's Court to imprisonment
for three months, and to pay to the master or owner of
the ship a sum sufficient to reimburse the expenses
occasioned to that master or owner in respect of the stow-
away, and the whole or a proportionate part of his wages
may be retained in satisfaction or on account of that
liability, without prejudice to any further remedy.
(2) A seaman or an apprentice shall not be guilty of an
offence under subsection (1) by reason only of his refusing duty
during a lawful strike after his ship has arrived and has been secured
in good safety to the satisfaction of the master and the Port
Authority at a port in Jamaica.
(3) A forfeit or other payment imposed in respect of an
offence under subsection (1) shall not exceed one-half of one
months salary in any one month, and shall leave the seaman a sum
which is sufficient for his maintenance and that of his dependants.
179. Where a seaman or an apprentice employed in a Jamaican
(a) deserts from his ship, he is guilty of the offence of
desertion and is liable on conviction thereof to
imprisonment for three months, and in addition he is
liable to forfeit all or any part of the effects he leaves on
Conviction
other ship- not to affect
remedies.
[The iiicliisioii of this page I S aothonzed by L N V Z O O I ]
SHIPPING 113
board and the wages which he has then earned and, where
the master or owner of the ship has engaged a substitute
in his place at a higher rate of wages than the rate at
which wages had been stipulated to be paid to him, to
satisfy that excess;
(b) neglects or refuses without reasonable cause to join his
ship or to proceed to sea in his ship, or is absent without
leave at any time within the period of twenty-four hours
immediately before the ship sails for a port either at the
commencement or during the progress of a voyage, or is
absent at any time without leave and without sufficient
reason from his ship or his duty, and the act or omission
does not constitute or is not treated by the master as
constituting the offence of desertion, he is guilty of the
offence of absence without leave and is liable on
conviction thereof to imprisonment for two months, and
in addition is liable to forfeit out of his wages a sum not
exceeding two days‘ pay and in addition for every twenty-
four hours of absence either a sum not exceeding six
days‘ pay or any expenses properly incurred in hiring a
substitute.
lSO.-(l) Where a seaman employed on a Jamaican ship being Improper
lawfully engaged has received under his agreement an advance advance note,
note, and after negotiating his advance note wilfully or through
misconduct fails to join his ship or deserts therefrom before the
note becomes payable, he is guilty of an offence and is liable on
conviction thereof to a fine of twenty-five thousand dollars and to
imprisonment for two months.
(2) This section shall not limit or otherwise prejudice any
remedy, by suit or otherwise-
(a) of any person in respect of the negotiation of the advance
note; or
(b) which an owner or master would otherwise have for
breach of contract.
negotiation of
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114 SHIPPING
Certificate of
discharge may
be withheld.
False
statement as
to last ship.
Deserters
from ships
Proof of
desertion
when wages
are to be
forfeited.
181. Where it is shown to the satisfaction of the Registrar of
Seamen that a seaman lawfully engaged on and belonging to a
Jamaican ship has wilfully or through misconduct failed to join
his ship, the Registrar may direct that the seaman's certificate of
discharge be withheld for such period as he may think fit, and
while the seaman's certificate of discharge is so withheld, any
person having the custody of the documents may, notwithstanding
anything in this Act or any other enactment, refuse to furnish copies
of any of his certificates of discharge or certified extracts of any
particulars of service or character.
182. Where a seaman on or before being engaged wilfully and
fraudulently makes a false statement of the name of his last ship of
engagement or alleged last ship, or wilfully and fraudulently makes
a false statement of his own name, he is guilty of an offence and is
liable on summary conviction thereof in a Resident Magistrate's
Court to a fine not exceeding twenty-five thousand dollars or to
imprisonment for two months or to both such fine and
imprisonment.
183.-(1) Any seaman who in contravention of his terms of
engagement or other lawful requirement is absent from the ship
on which he is employed, subject to subsection (2), shall be
regarded as being in desertion and liable in damages thereof.
(2) It shall be a defence to liability under subsection (1)
for the seaman to prove that his absence was not unreasonable by
reason of being due to an accident or mistake or some other cause
beyond his control.
184. Whenever a question arises as to whether the wages or
effects of a seaman or apprentice shall be forfeited under this Part
for desertion from a Jamaican ship, it shall be sufficient for the
person attempting to enforce the forfeiture to show that-
(a) the seaman or apprentice was duly employed on the
ship; and
( h ) he left the ship before the completion of the voyage or
engagement; and
[The I I I L I U F I ( I I I (it r l i i \ pigc I\ authorized by I2 N 3'2001 I
s H I I’r’lrvC; I IS
( c ) an entry of his desertion was duly made in the official
log book.
and the desertion shall thereupon be deemed to be pro\ ed so I i r as
it relates to any forfeiture o f wages under this Part. unless the
seaman or apprentice can produce a proper certificate of discharge
or can otherwise show to the satisfaction of the court that he had
sufficient reasons for leaving his ship.
Part for desertion from a ship. the effects may be sold. and the
wages or effects or the money arising from sale ofthe effects shall
be applied towards reimbursing the expenses caused by the
desertion to the master or owner of the ship. and any balance
remaining shall be paid to the Registrar of Seamen.
(2) Where any wages are forfeited under this Part for any
cause other than desertion, the forfeiture shall, in the absence of
any specific provision to the contrary, be in favour of the master
or owner by whom the wages are payable.
186. Any question concerning the forfeiture of. or deductions ( ~ l l c ~ t l o l l
from the wages of a seaman or apprentice under this Part may be tlcLlded ,L1ll
determined in any proceedings instituted with respect to those l ( ’ r \ w e \
wages notwithstanding that the seaman or apprentice has not been
prosecuted for the offence that gives rise to the question.
which his crew agreement imposes the fine, shall be subject to the
following-
(a) on the offender being discharged, and the offence and
the entry in the official log book required by this Act to
be made in respect thereof being proved to the
satisfaction of the Registrar of Seamen or proper officer,
the master or owner shall deduct the fine from the wages
of the offenders; and the fine so deducted shall be paid
to the Registrar, and if the master or owner of the ship
185-1) Where any wages or effects are forfeited under this AppllL.ltlon 01
to1 lclllllc
lortcllclrc
187. A fine imposed on a seaman for any act of misconduct for oct l t tLi lon 01
l ine trom
116 S H I P PING
Persuading
seaman to
desert, and
harbouring
deserter.
Penalty on
stowaways.
Trade disputes
involving
seamen.
fails without reasonable cause so to pay the fine he is
guilty of an offence;
( h ) an act of misconduct for which a fine is imposed and
paid by or deducted from the wages of the seaman shall
not be otherwise punished under this Act.
188. Where a person by any means whatever persuades a seaman
or an apprentice to neglect or refuse to join or proceed to sea in his
ship, or to desert his ship, or otherwise to absent himself from his
duty, he is guilty of an offence and is liable on summary conviction
thereof in a Resident Magistrate's Court to a fine of fifty thousand
dollars.
189.-( 1 ) Where a person secretes himself and goes to sea in a
ship without the consent of either the owner, master or the person
in charge of the ship or of any other person entitled to give that
consent, he is guilty of an offence and is liable on summary
conviction thereof in a Resident Magistrate's Court to a fine not
exceeding ten thousand dollars or to imprisonment for three months.
(2) Every person who goes to sea in a ship without a
consent mentioned in subsection (1) shall, so long as he remains
in the ship, be deemed to belong to the ship, and be subject to the
same provisions for preserving discipline, and to the same fines
and punishments for offences constituting or encouraging a breach
of discipline, as if he were a member of the crew and had signed
the crew agreement.
190.-(1) Subject to subsection (2) the Trade Union Act shall,
so far as it relates to the immunity of persons from legal proceedings
for acts committed in contemplation or furtherance of a trade
dispute, apply to seamen as it applies to other persons.
(2) Notwithstanding the provisions of subsection (1) and
the provisions of the Labour Relations and Industrial Disputes Act
or of any other law, no seaman shall take or continue to take
industrial action while the ship on which he is employed, is at sea.
[Tlic iiiclusiw oftliis pige is authorized by L.N. lDOOl]
SHIPPING I17
(3) Notwithstanding anything in any agreement-
(a) a seaman employed in a Jamaican ship may terminate
his employment in that ship by leaving the ship in
contemplation or furtherance of a trade dispute after
giving to the master not less than forty-eight hours notice
of his intention to do so, and shall not be compelled
unless the notice is withdrawn to go to sea in the forty-
eight hours following the giving of such a notice; but
(b) such a notice shall be of no effect unless at the time it is
given the ship is in Jamaica and securely moored in a
safe berth.
(4) In this section, "trade dispute" means any dispute
between employers and seamen, or between seamen and seamen
which is connected with the employment or with the conditions of
labour, or any person.
191. Where a ship registered in Jamaica or any other country is Unauthorized
in a port in Jamaica and a person not authorized by law to do so- p b ~ ~ ~ ~ ~ i ~ "
(a) goes on board the ship without the consent of the master
thereof or of any other person authorized to give consent;
or
(b) remains on board the ship after being requested to leave
by the master, a police officer or an officer of customs,
such person commits an offence and on summary conviction thereof
in a Resident Magistrate's Court is liable to a fine not exceeding
one hundred thousand dollars or to imprisonment for a term of one
year or to both such fine and imprisonment.
192.41) Where on or in respect of a Jamaican ship- Offences to be
entered in
book.
(a) an offence is committed under section 178 or 179; or
(b) an act of misconduct is committed for which the crew
agreement of the person committing it provides for a
fine, and it is intended to enforce the fine,
official log
[The inclusion of this page is nitthonzed by L.N. 3/200l]
118 ,\'HIP PING
the following procedure shall be adopted. namdy-
(i) an entry of the offence or act of misconduct shall be
made in the official log book and signed by the master
and also by an officer or other member of the crew;
(ii) the alleged offender, if still in the ship, shall, before the
next subsequent arrival of the ship at any port; or if it is
at the time in port, before its departure from port, either
be furnished with a copy of the entry or have the same
read over distinctly and audibly to him, and may
thereupon make such reply thereto as he thinks fit;
(iii) a statement that a copy of the entry was so furnished or
that the entry was so read over, and in either case the
reply, if any, then made by the alleged offender, shall
likewise be entered and signed in the manner aforesaid;
and
(iv) in any subsequent legal proceedings, the entries made
under this section. shall, if practicable, be produced or
proved, and if they are not the court hearing the case
may in its discretion refuse to receive evidence on the
offence or act of misconduct.
Relkj'and Repatriution
Proper return 193. For the purposes of this Part, a proper return port is either-
port.
(U ) the port at which a seaman was engaged;
(b ) a port in the state to which he belongs; or
(c) in the case of a discharged seaman, some other port
agreed to by the seaman at the time of his discharge.
194 .41 ) Except as otherwise provided in this Act, it is an
implied term of every crew agreement entered into for the
employment of a seaman in a Jamaican ship that, where the
Repatriation
of seaman.
[The iiiclusioii o l r l i i s page is authorized by L.N. 312001 J
SHIPPING I19
agreement terminates at a port other than the port of engagement,
the seaman will be returned to a proper return port at the expense
of the master or owner of the ship and in accordance with the
provisions of such regulations as the Minister may make in that
regard.
(2) The owner of the ship shall make such arrangements
as are necessary to defray all expenses incurred for the return of a
seaman pursuant to subsection (1).
(3) The responsibility of the owner, master or agent under
this section includes an obligation-
(a) to pay the cost of maintenance and medical treatment
that is necessary for the seaman until his arrival at his
proper return port; and
(b) to ensure that the seaman does not become a charge upon
the state.
(4) Subsection ( 1 ) applies whether an agreement
terminates-
(a) by expiration;
(b) by an act of the parties;
(c) by shipwreck;
(6) by sale of the ship;
( e ) by the inability of the seaman to proceed in the ship by
reason of sickness or in-jury; or
v) by any other cause.
195.-(1) A seaman who has been left behind or discharged seaman to
bear expenses
of repatriation from his ship as a result of his-
(a) desertion;
(b) imprisonment; or
in certain
cases.
[The inclusion oftliis page is authorized by L.N. 3f.20011
120 SHIPPING
(c) inability to proceed to his ship because of an illness or
infirmity that was wilfully concealed at the time of his
engagement,
is not entitled to be returned at the expense of the master or owner
under section 194.
(2) The owner of the ship from which a seaman mentioned
in subsection (1) has been left behind or discharged, shall make all
arrangements necessary to defray expenses incurred for the return
of the seaman to a proper return port as if the seaman were entitled
there to.
(3) An owner may be reimbursed for any expenses
incurred pursuant to subsection (2) out of any wages owing to the
seaman at the time he left the ship or out of the proceeds from the
sale of any of his effects left on board the ship, or where this is not
sufficient, the owner may be reimbursed by ordinary process of
law.
(4) Notwithstanding subsection (1) or (3), the owner shall
ensure that the seaman does not become a charge upon the state.
1 9 6 . 4 1 ) Where a seaman is to be left behind or discharged
from his ship at a port other than his port of engagement, the
Registrar of Seamen or proper officer may demand from the owner,
master or agent a guarantee for the proper discharge of any
obligations imposed by section 194 or 195.
(2) Where a guarantee required under this section is
refused the Registrar of Seamen or proper officer may withhold
his consent to the discharge of the seaman concerned.
Effect of 197. Where a seaman is eligible to receive and receives medical
compensation. aid or periodical payments at the expense of his employer under
the terms of any enactment providing for compensation to injured
or sick workers, the receipt thereof-
( a ) removes any right of the seaman to receive medical
treatment under section 194, to the extent that he receives
that medical aid; and
Guarantee for
seaman,
discharge of
workman's
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SHIPPING 121
(b) removes any right of the seaman to receive maintenance
under section 194, to the extent and for so long as he
receives the periodical payments.
198.-( 1) Sections 194 to 197 apply in respect of a foreign ship Application to
foreign ships. that engages a seaman or apprentice in Jamaica as they apply to
Jamaican ships.
(2) For the purposes of subsection (l), "owner" includes
any person appointed or nominated by the owner, to act as his
agent, and who was so acting at the time the seaman or apprentice
was engaged.
199.41) Where a seaman belonging to a Jamaican ship is left Wages and
behind at a place other than a proper return port, the master of the Seaman left
ship shall, subject to this section and as soon as practicable, enter behind.
in the official log book a statement of the effects left on board by
the seaman and an account of wages due to him at the time when
he was left behind.
(2) On the termination of the voyage during which the
seaman was left behind, the master shall furnish to the Registrar
of Seamen or proper officer, within forty-eight hours after the arrival
of the ship at the port at which the voyage terminates, a delivery
account and a retention account.
(3) The master shall, if so required by the Registrar of
Seamen or proper officer, fiunish such vouchers or other documents
as may be reasonably required to verify the delivery and retention
accounts.
(4) The master of a ship shall deliver to the Registrar of
Seamen or proper officer, if he will receive them, the effects of a
seaman as shown in a delivery account and, subject to any
reimbursement allowed under subsection (9, the amount due on
account of wages as shown in that account, and the Registrar or
proper officer shall give to the master a receipt for any effects or
amount so delivered.
rff'ects of
~~~
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122 SHIPPING
( 5 ) The master of a ship is entitled to retain out of the
wages any sums shown in a retention account that appear to the
Registrar of Seamen or proper officer to be owing or payable to
the master of the ship; and for that purpose the Registrar or proper
officer shall allow those sums to be retained by the master out of
the amount due on account ofwages shown in the delivery account
and, so far as that amount is not sufficient, to be raised and paid to
the master out of the effects.
(6) Before allowing any sum to be retained or to be raised
and paid, the Registrar of Seamen or proper officer may require
that evidence to be provided by statutory declaration or otherwise
that the sums are owing or payable to the master of the ship.
(7) The Registrar of Seamen or proper officer shall deliver
the remainder of the wages and effects to such person at such time
and in such manner as may be prescribed, and shall render such
accounts in respect thereof as the Minister may direct.
(8) In this section-
"delivery account" means an account of the effects and wages
of a seaman left behind or owing at the time a seaman
leaves or is discharged from the ship;
"effects of a seaman" includes the proceeds of the sale of any
such effects; and
"retention account" means an account of any expenses
accruing to the master or owner of a ship by the absence
of a seaman from the ship due to his desertion, neglect
to join his ship, or conduct constituting an offence under
section 185 or 186, including, in the case of a seaman
who is not entitled to be repatriated at the expense of the
master or owner of the ship, any provision made for the
return of the seaman to a proper return port.
200.--(1) The effects of a seaman referred to in section 199
may be sold by the Registrar of Seamen or proper officer in such
Sale of
seaman's
effects.
["lie iticlusioii ofthis page is autliorized by L.N. 3/200l]
manner as he thinks f i t when they are delivered to him unless the
Minister directs to the contrary.
(2) Where the effects are not sold pursuant to subsection
(l), they may be sold by the Minister as and when he thinks tit
unless they are delivered to the seaman.
201. The master of a Jamaican ship is not liable for any loss of I.iahilily O I
master effects or for any damage to the effects of a seaman left behind or
discharged at a port other than his proper return port, if the master
proves to the Registrar of Seamen or proper officer that the loss or
damage occurred without his neglect or consent after the seaman
left his ship.
202.41) The Government of Jamaica is not liable in respect lairnitation ot'
of anything done under section 200, except to the extent that, if (iover,,ment,
after the wages or effects of a seaman have been dealt with under
that section any legal proceedings are taken by the seaman against
the owner, master or agent of the ship, or by the master or owner
of the ship against the seaman, in respect of those wages or effects,
the Minister or his nominee shall, if notice is given to him of the
proceedings and a reasonable opportunity afforded him of
appearing, comply with any order of the court made in respect of
the wages or effects so far as he can do so out of the wages and
effects remitted to him in respect of the voyage of the ship.
(2) The Minister or his nominee is entitled to appear and
be heard in any proceedings referred to in subsection (1) and may
be represented by any public ofticer.
(3) The Minister may, if and so far as he thinks fit, meet
any claim by a seaman against the owner, master or agent of the
ship in respect of any wages or effects dealt with under section
200 although legal proceedings are not actually taken in respect
thereof, if the Minister has given notice to the master or owner of
the ship and the master or owner of the ship has not given written
notice of objection within ten days of the notice being given, and
liability of
124 tSHIPPING
any expense incurred by the Minister under this subsection is
recoverable by the Government as a civil debt.
(4) For the purpose of this section, any legal proceedings
taken or any claim made by a person in whose favour an allotment
note has been made are to be treated as proceedings taken or claim
made by the seaman.
203.-( 1 ) Any sums remitted under section 199 or arising from
the sale of effects under section 200, and not disposed of in
accordance with that latter section, shall be retained by the
Government.
(2) The master of a ship who, without reasonable cause,
contravenes subsection (1) of section 199 is guilty of an offence
the prosecution of which shall be without prejudice to any other
liability to which the ship might be subject.
204. Section 199 does not apply in relation to a seaman left
(a) the master of a ship satisfies the Registrar of Seamen or
proper officer that none of the effects of the seaman has
to his knowledge been left on board the ship and that he
has paid all wages due to the seaman;
(b) the amount of wages earned by the seaman, after taking
into account any deduction made in respect of allotments
or advances for which provision is made by the crew
agreement, appears from the agreement to be less than
five hundred dollars;
(c) the master of the ship satisfies the Registrar of Seamen
or proper officer that the net amount due to the seaman
on account of wages, after taking into account any
deductions lawfully made in respect of allotments,
advances or otherwise, is less than five hundred dollars;
or
Payment to
Government
Non-
application of
section 199 behind if-
[The inclusion ot this page is authonzed by L N lDC@l]
S H I P PING 125
(d) the question of forfeiture of the wages and effects of the
seaman has been dealt with in proceedings lawfully
instituted before the termination of the voyage or within
forty-eight hours of the arrival of the ship at the port at
which the voyage terminates.
205-1) Where during the currency of his crew agreement Maintenance
and return of the service of a seaman engaged on a Jamaican ship terminates Seaman
otherwise than by the consent of the seaman, the master of the ~ ~ ~ ~ ~ : : ~ $
ship shall- service.
(a ) in addition to-
(i) giving the seaman a certificate of discharge
required by this Act; and
(ii) paying to the seaman the wages to which he is
entitled,
make adequate provision in accordance with this Act
for the maintenance and return of the seaman to a proper
return port; and
(b) record the details of these provisions in the official log
book.
(2) Where a master fails without reasonable cause to
comply with subsection (l), the expenses of maintenance and of
the journey to the proper return port-
(a ) if defrayed by the seaman, are recoverable as wages due
to him; and
(b ) if defrayed by the Registrar of Seamen or proper officer
or any other person, are a charge upon the ship to which
the seaman belonged.
(3) A charge upon a ship under subsection (2) (b ) may
also be recovered-
(a) from the person who is the owner of the ship for the
time being;
[The iiiclusioii oftliis page is ;iutliiiiized by L.N. 3R001j
126 SHII'PING
( h ) if the ship has been lost, from the person who was the
owner of the ship at the time of the loss;
( c ) if the ship has been transferred to some person, from the
person who was the owner of the ship at the time of the
transfer. or the owner for the time being.
at the suit of the Registrar of Seamen or proper officer or other
persons defraying the expenses, or, if the expenses, have been
defrayed out of public moneys, as a debt to the state, by ordinary
process of law and in the manner in which wages are recoverable
by a seaman.
206.--(1) The master ofa Jamaican ship shall not leave a seaman
behind at any foreign port or place except when the seaman is
discharged in accordance with this Act. unless the master has had
the certificate of the Registrar of Seamen or proper officer endorsed
on the crew agreement certifying the cause of the seaman being
left behind which cause may include unfitness or inability to
proceed to sea, desertion or disappearance.
(2) The Registrar of Seamen or proper of'ficer to whom
an application is made for a certificate under this section may
examine the grounds on which a seaman is to be left behind and.
for that purpose, may. if he thinks fit. administer oaths and grant
or refuse the Certificate as he thinksjust, but a certificate may not
be unreasonably withheld.
207.--(1) Where the master of the ship fails to comply with
section 205 or 206 he is. without limiting his liability under any
other provision of this Act. guilty of an offence and is liable on
summary conviction thereof in a Resident Magistrate's Court to a
fine of two hundred and fifty thousand dollars.
(2) In a prosecution for an offence under subsection (1)
for failing to comply with section 206 the onus is upon the master
of the ship to prove that the certificate was obtained or could not
be obtained without unreasonable delay to the ship or was
unreasonably withheld.
Certificate
when seaman
leftbehind
Offences
SHIPPING I27
208.--(1) Where the master of a Jamaican ship leaves a seaman A C C O L I I ~ ~ of'
behind at any foreign port or place on the grounds ofhis unfitness ~ci,t,,a,, left
or inability to proceed to sea, the master shall deliver to the person ind d.
signing the certificate required by section 206 a full and true account
of the wages due to the seaman: and, if that person is the proper
officer, the master shall deliver the account in duplicate.
(2) A master who fails without reasonable cause to deliver
the account required under subsection (1) commits an offence and
is liable on summary conviction thereof in a Resident Magistrate's
Court to a fine of two hundred and fifty thousand dollars.
due to a seaman left behind on the grounds of his unfitness or
inability to proceed to sea, if such officer will receive the wages. propc ro f f~e r .
(2) Where a payment is made under this section, the proper
officer, if satisfied with the account under section 208, shall furnish
a receipt for the payment.
(3) A payment under this section shall be made, whenever
practicable, in cash, and where not so practicable, by bank draft.
(4) A master who fails without reasonable cause to pay
wages as provided by this section, is guilty of an offence and is
liable on summary conviction thereof in a Resident Magistrate's
Court to a fine of two hundred and fifty thousand dollars.
of his unfitness or inability to proceed to sea are paid to and accepted Sea,nan le,i
by the Registrar of Seamen or proper officer, that officer shall deal hehind.
with them in the following manner-
wages o f
209.--(1) The master shall pay to the proper officer the wages I'ayment of
sramrn's
210. Where the wages due to a seaman left behind on the ground Application ot
wages of
(a) where the seaman subsequently obtains employment at
or leaves the port at which the payment has been made,
the officer shall obtain out of the money any expenses
such as the owner or master is by this Act required to
defray, and pay the remainder to the seaman and deliver
to him an account of the money received and expended
on his behalf;
128 S H I P PING
Relief of
distressed
seaman.
(b) where the seaman dies before his ship leaves the port,
the officer will deal with the money as part of the property
of a deceased seaman; and
(c) where the seaman is sent to a proper return port at the
public expense under this Act, the officer shall account
for the money to the Minister, and after retaining any
expenses duly incurred in respect of the seaman except
such expenses as the owner, master or agent of the ship
is required by this Act to defray, the money shall be dealt
with as wages of the seaman.
2 1 1 .--( 1 ) Where a seaman-
(a) is found in any place outside Jamaica after having been
shipwrecked from a Jamaican ship; or
(b ) has been discharged or left behind from a Jamaican ship
in any place outside Jamaica,
and is in distress in that place (hereinafter in this Part called
a "distressed seaman") the Registrar of Seamen or a proper officer,
as the case may be, may provide relief to that seaman in accordance
with this Act.
(2) For the purposes of subsection (l), relief i s provided
( U ) for the return of the seaman at the expense of the
Government to a proper return port and also for his
necessary clothing and maintenance until his departure
for such port;
(h ) in the case ofthe seamank death prior to return, for burial
or cremation expenses; and
(c) in addition in the case of a shipwrecked seaman, for the
repayment of any expenses incurred in his conveyance
to port after his shipwreck and his maintenance while
being so conveyed.
in relation to a seaman when provision is made-
SHIP PING I29
212.41) Any expenses incurred by the Government in the Repaymentof
re lie f and provision of relief pursuant to section 2 1 1 together with the wages, retl,rll
if any, due to a distressed seaman, is a charge upon the ship to ex~el1ses
which the seaman had belonged, and is a debt due to the
Government-
(a) from the owner, master or agent of the ship at the time
of the loss;
(b) where the ship has been transferredieither fiom the owner
for the time being or from the person who was the owner
of the ship at the time of the transfer; and
(c ) where the ship is a foreign ship, also from the person,
who engaged the seaman for service in the ship.
(2) A debt under this section, in addition to any fines and
consular fees incurred, may be recovered by the Minister on behalf
of the Government by ordinary process of law in the manner in
which wages are recoverable by the seaman.
(3) In any proceedings for recovery of a debt under this
section, the production of an official account of the expenses
incurred in accordance with this Act, and proof of payment of the
expenses by or on behalf of the Government of Jamaica is prima
facie proof that the expenses were incurred or repaid under this
Act by or on behalf of the Government.
213. The master or a member of the crew of a Jamaican ship, Forcing
who wrongfully forces a seaman ashore and leaves him behind, or
otherwise causes a seaman to be wrongfully left behind at any
place commits an offence.
214.41) A seaman may be sent to a proper return port by any Manncr of
return. reasonable route.
(2) Provision may be made for the return of a seaman
either by-
(a) providing him with suitable employment on board a ship
that is proceeding to a proper return port and that is in
need of a crew to make up its complement; or
~~
(T ie inclusion oftliis page i s ;tiithorizetl by L.N. 3L'OOll
130 S H I P P I N G
( h ) providing the seaman with a passage in any ship or
aircraft or in other public transport and by providing for
his maintenance during the journey.
(3) Where the master of a ship is required under this Part
to provide for the return o f a discharged seaman to a proper return
port, the master may, instead of providing the seaman's passage or
the expenses of his journey, deposit with a proper officer such
sum as the proper officer considers sufficient to defray the expenses
of the return of the seaman to a proper return port.
(4) Where a seaman is repatriated as a member of a crew,
he is entitled to the appropriate remuneration for work done during
the voyage.
215.-( I ) When any question arises as to what return port a
seaman is to be sent, or as to the route by which he should be sent,
the question shall be decided by the Registrar of Seamen or proper
Settlement o r
regarding
return of
seaman to
proper return officer.
question
port
(2) In deciding the question of a seaman's return port, the
Registrar of Seamen or proper officer shall have regard-
((0 to the convenience of the seaman and to the expense
involved; and
( h ) where applicable, to the fact that a ship is in need of a
crew to make up its complement and is about to proceed
to a proper return port or to a port in the vicinity thereof.
( 3 ) Nothing in this section shall be construed as relieving
the owner from the obligation and expense of returning the seaman
to his proper return port.
216.-( 1 ) The Minister may, whenever he deems it necessary,
spend money on the temporary relief in such manner as he thinks
advisable, of a shipwrecked, destitute or otherwise distressed
seaman-
( C I ) not otherwise entitled to relief under this Act or under
the laws of the country to which his ship belongs; or
Minister may
temporary
relief.
provide
S H I P P I N G
(b) who is a citizen of Jamaica employed on a foreign vessel
and discharged or left behind in a foreign country.
(2) Any expenses incurred for a shipwrecked, destitute
or otherwise distressed seaman under this section, shall be repaid
to the Minister by the owner, master or agent of the vessel to which
the distressed seamen belonged and may be recovered by the
Minister on behalf of the country in the same manner as expenses
incurred outside Jamaica for distressed seamen of Jamaican ships
are recoverable.
PART VIII. Official Log Book c~nd 0rdinur.y Ship!v Log
217.-(1) An official log book in the prescribed form shall be o l l i c i a t 10:
kept on every Jamaican ship of not less than two hundred gross ''ooh
tons, and on every Jamaican ship engaged on international voyages.
(2) The Minister may make regulations prescribing-
(a) the form of official log book;
(b) the particulars to be entered in the official log book;
(c) the persons by whom such entries are to be made, signed
or witnessed; and
(d) the procedure to be followed in the making ofsuch entries
and in their amendment or cancellation.
(3) The official log book may, at the discretion of the
master, be kept distinct from or combined with the ordinary ship's
log, but in all cases the spaces in the official log book shall be duly
filled with entries.
(4) Any entry required to be made in an official log
(a) shall be made as soon as possible after the occurrence to
which it relates;
(b) if it is not made on the same day as the occurrence, shall
be made and dated to show the dates of the occurrence
and the entry respecting it;
book-
132 SHIPPING
(c) if it is made in respect of an occurrence taking place
before the arrival of the ship at its final port of discharge,
shall not be made more than twenty-four hours after that
arrival.
(5) Every entry in the official log book shall be signed by
the master and by an officer or some other member of the crew,
and if it is an entry of illness, injury or death, it shall also be signed
by the medical practitioner on board (if any).
(6) Every entry made in an official log book in the manner
provided by this Act is admissible in evidence to prove the facts
stated therein.
218. The master ofa ship for which an official log book is kept
shall, subject to any regulations made under section 2 17, enter or
cause to be entered in the official log book particulars of-
Entries in
book .
official log
every conviction by a court of a member of his crew and
the punishment imposed;
every offence committed by a member of his crew for
which it is intended to prosecute or to make a forfeiture
or to impose a fine, together with the statement
Concerning the furnishing of a copy, or reading over, of
the entry and concerning the reply, if any, made to the
charge, as required by this Act;
every disciplinary offence for which punishment is
imposed on board, and the punishment imposed;
the conduct, character and qualifications of each member
of his crew or a statement that he declines to give an
opinion on those particulars;
every case ofiliness or injury happening to a member of
the crew, with the nature thereof and the medical
treatment given, if any;
every refusal ofa member of the crew to take antibiotics
or medicines;
SHIPPING 133
(g) every birth and death whenever occurring;
(h) the name of every seaman who ceases to be a member
of the crew otherwise than by death, with the place, time,
manner and cause thereof;
the wages due to any seaman who dies during the voyage,
and the gross amount of all deductions to be made from
those wages;
the sale of the effects of any seaman who dies during the
voyage, with a statement of each article sold and the
sum received for it;
(k) every collision with any other ship and the circumstances
in which it occurred;
( I ) the date and time of the display in the ship of a notice
containing particulars of the ship's draught and freeboard;
and
( i )
0)
(m) any matter directed by this Act to be entered.
219.--(1) Where, by reason of transfer of ownership or change Delivery of
of employment of a Jamaican ship, the official log book ceases to book where
be required in respect of the ship, the master or owner of the ship f:i;s?ed.
otficial log
shall-
(a) if the ship is then in a Jamaican port, within one month;
or
(b) if the ship is elsewhere, within six months after such
cessation,
deliver or transmit to the Director the official log book and the
agreement with the crew duly made out to the time of the cessation.
(2) If a Jamaican ship is lost or abandoned, the master or
owner thereof shall, if practicable, and as soon as possible, deliver
or transmit to the Director the official log book duly made out to
the time of the loss or abandonment.
lost or
abandoned.
[The incliision of this page is authorized by L.N. 3/2001]
134 S H I P PING
Offences in
respect of
official log
book.
Ordinary
ship's log.
Returns of
crew lists.
220.-( 1 ) If an official log book is not kept in the manner
required by this Act or if any entry directed by this Act to be made
therein is not made at the time and in the manner directed by this
Act, the master of the ship is guilty of an offence and, except as
otherwise expressly provided in the Act in respect thereof, is liable
on summary conviction thereof in a Resident Magistrate's Court
to a fine of five hundred thousand dollars.
(2) Any person who makes, procures to be made, or assists
in making an entry i n an official log book in respect of any
occurrence taking place previous to the arrival of the ship at its
final port of discharge of the crew, more than twenty-four hours
after that arrival, is guilty of an offence and is liable on summary
conviction thereof in a Resident Magistrate's Court to a fine of
five hundred thousand dollars.
( 3 ) Any person who wilhlly destroys, mutilates or renders
illegible an entry in an official log book, or wilfully makes, procures
to be made or assists in making a false or fraudulent entry in, or
omission from, an official log book is guilty of an offence and is
liable on summary conviction thereof in a Resident Magistrate's
Court to a fine of five hundred thousand dollars.
221.-41) All Jamaican ships shall carry on board an ordinary
ship's log within which shall be recorded the daily activities of the
ship and such other particulars as may be prescribed.
( 2 ) The ordinary ship's log shall comprise a deck log and
an engine room log where appropriate.
( 3 ) Where a ship is not required by this Act to carry an
official log book, or where it is not practicable for a ship to produce
the official log book, the ordinary ship's log of that ship shall be
admissible in evidence.
2 2 2 . 4 1 ) Every master of a Jamaican ship of not less than two
hundred gross tons shall make out and sign a list ofthe crew of the
/The iiiclusioii of this page is authorized hy L.N. ?/?flOl]
S H I P P I N G
sh ip in the prescribed form containing the following
particulars-
the number and date ofthe ship's registration and its gross
and net tonnage;
the length and general nature of the voyage or
employment;
the names, ages and places of birth of all the crew, their
ratings on board, their previous ships or other
employments and the dates and places of their previous
ships or other employnients and the dates and places of
their joining the ship:
the names of any of the crew who have ceased to belong
to the ship, with the times, places, causes and
circumstances thereof;
the names of any members of the crew who have been
maimed or hurt, with the time, place. cause and
circumstances thereof:
the wages due at the time of death to any of the crew
who have died;
particulars of the property belonging to any of the crew
who have died, with a statement of the manner in which
the property has been dealt with, and the money for which
any part of it has been sold.
(2) The list of the crew referred to in subsection ( 1 ) shall
be delivered or transmitted by the master or owner to the Director-
(a) in respect of the half-year period ending respectively on
the 30th day of June and the 3 1 st day of December, within
twenty-one days thereafter; or
(b) within forty-eight hours after the discharge of the crew,
whichever first happens.
[The inclusion oftliis page i s authorized hy L.N. 3/2001]
136 SHIPPING
Retention of
official log
book and crew
list.
Returns o f
births and
deaths in
Jamaican
ships.
Return of
births and
deaths of
Jamaican
citizens in
foreign ships.
(3) Where a Jamaican ship is lost or abandoned, the ship's
master or owner shall, ifpracticable and as soon as possible, deliver
to the Director the list ofthe crew duly made out to the time of the
loss or abandonment.
(4) For the avoidance of doubt, "crew" in this section
includes the master and apprentices.
223. The owner shall retain the official log book and the list of
a crew for a period of seven years after the receipt and shall produce
the same on demand made therefor by the Director or other proper
officer.
224.-( 1 ) The Master of a Jamaican ship shall, upon arrival at
a port, or at such other time and place as the Director may, with
respect to any ships or class of ships, direct, deliver to the Director
or a proper officer, in the prescribed form, a return of the facts
relating to births and deaths which the master is required by section
225 to record.
(2) In respect of any death recorded pursuant to subsection
( 1 ) the master shall notify such death to such.person (if any) as the
deceased may have named as his next-of-kin.
(3) When the return is made outside of Jamaica the proper
officer shall send a certified copy of the return to the Director.
(4) The master of any ship who fails to comply with any
requirement of this section is guilty of an offence and upon
summary conviction thereof in a Resident Magistrate's Court is
liable to a fine not exceeding fifty thousand dollars.
225.-(1) The master of any foreign ship, which calls at a port
or such other place in Jamaica as the Director may with respect to
any ship or class of ships direct, in the course of or at the end of a
voyage shall, upon arrival at such port or other place, make a return
to the Director of births and deaths of citizens of Jamaica occurring
in any such ships.
[The inclusion ofthis page is authorized by L.N. 3/2001]
SHIP PING 137
(2) The master of any ship who fails to comply with any
requirement of this section is guilty of an offence and upon
summary conviction thereof in a Resident Magistrate's Court is
liable to a fine not exceeding fifty thousand dollars.
226. The Director shall cause any information contained in any Returns to be
return referred to in section 224 or 225 to be sent to the Registrar Eliizrar of
of Births and Deaths. Births and
Deaths.
PART IX. Safety
Interpretation
227. In this Part- Interpretation.
"appropriate certificate" in relation to any Convention means
a certificate issued in accordance with the relevant
Convention as defined therein;
"cargo ship" means a ship which is not a passenger ship,
pleasure craft or fishing vessel;
Tonvention state'' in relation to any Convention referred to
in this Part means a state in relation to which the
Convention is in force;
"existing ship" means a ship which is not a new ship;
"fishing vessel" means a vessel used for catching fish, whales,
seals, walrus or other living resources of the sea;
"International Collision Regulations" means the International
Convention for Prevention Collision at Sea 1972, and
any amendments thereto as are in force in relation to
Jamaica;
"international voyage'' means a voyage to or from a
Convention state from or to a port outside such state;
"Load Line Certificate" means-
(a) in relation to a Jamaican ship, an International Load
Line Certificate or Jamaica Load Line Certificate,
as the case may be, issued under this Part; or
~~
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138 SHIPPING
( h ) in relation to a foreign ship, an International Load
Line Certificate issued by a Load Line Convention
State, a certificate issued in respect of a ship that
has been surveyed and marked in accordance with
regulations implementing the Load Line
Convention:
"Load Line Convention" means the International Convention
on Load Lines 1966 and any amendments thereto, as are
in force in relation to Jamaica;
"Load Line Convention state" means a state in respect of
which the Load Line Convention is in force;
"Load Line ship" means a ship other than-
(a) a ship of war;
(b ) a fishing vessel;
(c) a pleasure yacht not engaged in trade;
(6) an existing ship of under 150 gross tons; or
( e ) a new ship of under 24 metres in length;
"Load Line Regulations" means the regulations made by the
Minister to give effect to the Load Line Convention;
'hew ship" in relation to the Load Line Convention, means a
ship whose keel has been laid or which is at a similar
stage of construction on or after-
(a) in the case of a ship flying the flag of a Load
Line Convention state other than Jamaica, the
date from which the Load Line Convention has
come into force in relation to that state; or
(b ) in the case of any other ship the 18th day of
November, 1982;
"SOLAS Convention" means the International Convention
for the Safety of Life at Sea, 1974, and any amendments
thereto, as are in force in relation to Jamaica.
[The iiichision oftliis page is authorized by L.N. ?/?OOll
SHIPPING I39
Prevention qf'Collisions und Sufety of Nuvigution
228.-( 1) The Minister may make regulations, hereinafter Coiiision
regulations referred to as "the collision regulations"-
(a) for the prevention of collisions at sea;
(b) respecting the lights. sounds or other signals to be carried,
used or exhibited;
(c) respecting signals of distress and urgency;
(6) respecting the steering and sailing rules to be observed
by vessels,
and in making such regulations he shall have regard-
(i) to any other international convention or treaty
for the time being in force in relation to
Jamaica; and
(ii) to regulations made under any other enactment
regulating navigation in ports and harbours.
(2) This section shall not, unless the context otherwise
requires, be construed as affecting the making of or continuance
in force of regulations made under any enactment concerning lights
and signals to be carried, or the steps to be taken for avoiding
collisions by vessels navigating the waters of any port, harbour or
other internal waters.
229.41) All owners and masters of vessels shall comply with Jamaican
the collision regulations and shall not carry, exhibit or use any
lights, sounds or other signals other than such as are prescribed by ~~~''~~ons,
those regulations.
(2) Where a contravention of the collision regulations is
caused by the wilful default of the master or owner of a vessel, he
shall be guilty of an offence and on conviction thereof shall be
liable to a' fine not exceeding five hundred thousand dollars.
ships to
~~ ~ ~~
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140 SHIPPING
(3) Subsections (1) and (2) shall apply to the owners and
pilots of seaplanes and other craft when in close proximity to or on
the surface of water as they apply to the owners and masters of
vessels.
230. In any case before a court in Jamaica concerning a
contravention of the collision regulations arising within Jamaican
waters, foreign vessels and seaplanes shall be treated as if they
were vessels and seaplanes registered in Jamaica.
231.41) Liability for collision damage, including damage to
vessels, their cargoes, the effects or other property of the crew,
passengers or other persons on board, or to third parties, shall be
apportioned according to the degree of fault of each ship involved
in a collision.
(2) Where it is not possible to determine the degree of
fault of each vessel, or if it appears that the vessels are equally at
fault, liability shall be apportioned equally.
(3) There shall be no presumption of fault against a ship
for a contravention of the collision regulations without proof of
fault or negligence.
(4) If the collision is accidental or caused by force
rnujeure, or if the cause is left in doubt, the damage shall be borne
by those who have suffered them, notwithstanding that the vessels,
or any one of them, may have been at anchor, or was otherwise
made fast, at the time of the collision.
(5) If the collision is caused by the fault of one of the
vessels, liability to make good the damage shall attach to the one
which has committed the fault.
(6) In respect of damage causing death or personal
injuries, the vessels at fault shall be jointly and severally liable to
third parties, without prejudice, however, to the right of the vessel
which has paid a larger part than that which, in accordance with the
provisions of subsections (1) and (2), it ought ultimately to bear, to
obtain a contribution fiom the other vessel or vessels at fault.
Foreignships
in Jamaican
waters.
Collision
liability.
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SHIPPING 141
(7) In addition to any other remedy provided by the law
the persons entitled to any contribution referred to in subsection
(6) shall, for the purpose of recovering the contribution, have,
subject to the provisions of this Act, the same rights and powers as
persons entitled to sue for damages in the first instance.
(8) Collision liability shall attach in accordance with this
section in cases where the collision may be caused by the fault of
a pilot whether or not the pilot is carried by compulsion of law.
(9) The right of action for the recovery of damages
resulting from a collision is not conditional upon the entering of a
protest or the fulfilment of any other special formality.
(1 0) Where no collision has actually taken place, liability
for damage to the vessels involved in the incident, or to goods or
persons on board the vessels resulting fiom the execution or non-
execution of a manoeuvre or a contravention of the collision
regulations shall be determined in accordance with this section.
232. An inspector may inspect any vessel in a port of Jamaica Inspection to
to determine whether the vessel is properly provided with lights
and shapes and the means of making sounds signals as required by ~ ~ ~ l ; ? ~ ~ ~
the collision regulations; and if he finds that the vessel is not so
provided, he shall specify in writing the action required to rectify
the deficiency and the vessel may be detained until such deficiency
is rectified.
vessel shall, if and so far as he can do so without further damage ~~,~~~~~
enforce
233.-(1) After a collision between vessels, the master of each Duty to render
or injury to his own vessel, crew and passengers, if any- collision
(a) render to the other vessel, the master, crew and
passengers, if any, thereof such assistance as may be
practicable and as may be necessary to save them from
any danger caused by the collision;
(b) remain by the other vessel. until he has ascertained that
there is no need for further assistance;
142 SHIPPING
( c ) give the master of the other vessel the name and port of
registry of his vessel, and the names of the ports from
which his vessel sailed and to which his vessel is bound.
(2) Any master o fa vessel who fails, without reasonable
cause, to comply with the provisions of subsection (1). is guilty of
an offence and on conviction thereof is liable to a fine not exceeding
two hundred and fifty thousand dollars, or to imprisonment for a
term not exceeding two years, or to both such imprisonment and
fine.
Obligation to 2 3 4 4 1 ) The master of any Jamaican vessel upon encountering
notify hazards
of navigation. dangerous ice, a dangerous derelict, tropical storm or any other
direct danger to navigation shall send information accordingly by
any means of communication at his disposal and in accordance
with such regulations in that regard as may be made to all vessels
in the vicinity or to such authorities ashore as may be prescribed.
(2) Every person in charge of a radio station which is based
in Jamaica or on board any Jamaican vessel, shall on receiving the
signal prescribed in the regulations referred to in subsection ( l ) , for
indicating that a message is about to be sent under this section,
refrain from sending messages for a time sufficient to allow other
stations to receive the message, and if so required by regulations
shall transmit the message in the prescribed manner.
(3) For the purposes of this section, a "tropical storm"
means a hurricane, typhoon, cyclone or other storm of a similar
nature, and a master of a vessel shall be deemed to have encountered
a tropical storm if he has reason to believe that there is such a
storm in the vicinity.
Master to 235.-( 1 ) The master ofa Jamaican vessel, when ice is reported
,,,odera@l,, in on or near his course, shall at night either proceed at a safe speed
danger area. adapted to the prevailing circumstances or change his course so as
to keep amply clear of the ice reported and of the area of danger.
proceed
SHIPPING 143
(2) The master of a vessel who fails to comply with this
section, is guilty of an offence and is liable on conviction thereof
to a fine of five hundred thousand dollars.
236.-( 1) Subject to section 238, the master of a Jamaican ship Obligation to
on receiving at sea a signal from any source that a vessel or aircraft ~ ~ ~ i ~ ~ ~ e s s e ’ s .
is in distress, shall proceed with all speed to the assistance of the distress
persons in distress, informing them if possible that he is doing so,
and if-
(a ) he is unable to do so; or
(b ) in the special circumstances of the case he considers it
unreasonable or unnecessary to proceed to their
assistance,
he shall enter in the official log book of the ship the reason for
failing to proceed to the assistance of the persons in distress.
(2) If a master fails to comply with the provisions of this
section he shall be guilty of an offence and on conviction thereof
shall be liable to a fine not exceeding two hundred and fifty
thousand dollars.
237. The master of a vessel or aircraft in distress, after Rightto
consultation, so far as may be possible. with the masters of tfie
vessels which answer his call for assistance, has the right to distress.
requisition one or more of those vessels as he considers best able
to render assistance, and it shall be the duty of the master of any
vessel requisitioned to comply with the requisition by proceeding
with all speed to the assistance of persons in distress.
where the master of a ship has been informed by the persons in assist,
distress or the master of any other ship that one or more ships,
other than his own, have been requisitioned under section 236,
and are complying with the requisition.
(2) The obligation imposed by section 236 or 237, as the
case may be, shall not apply in relation to a ship, the master of
requisition
when ill
238.-(1) The obligation imposed by section 236 shall not apply Release from
obligation to
144 SHIPPING
Obligation to
assist persons
in danger at
sea.
Salvage rights
not affected.
Improper use
of signals of
distress.
which has been informed by the persons in distress or by the master
of another ship which has reached such persons, that assistance is
no longer necessary.
2 3 9 . 4 1 ) The master of a vessel shall, so far as he can do so
without serious danger to his own vessel, render assistance to every
person, including an enemy, who is found at sea in danger of being
lost.
(2) If the master of a vessel fails to comply with the
provisions of subsection (l) , he shall be guilty of an offence and
on conviction thereof shall be liable to a fine not exceeding five
hundred thousand dollars, or to imprisonment for a term not
exceeding two years. or to both such fine and imprisonment.
240. Compliance by a master with any of the provisions of this
Part shall not affect his right, or the right of any other person to
salvage.
241.-(1) Where a master of a vessel uses or displays or causes
or permits any person under his authority to use or display-
(a) any prescribed signal except in circumstances and for
the purposes prescribed; and
(b) any signal that is liable to be mistaken for any prescribed
signal,
he is guilty of an offence and, in addition to any penalty imposed
upon him on conviction, he is liable to pay compensation for any
labour undertaken, risk incurred or loss sustained in consequence
of the signal having been supposed to be a signal of distress or
urgency; and such compensation may, without prejudice td any
other remedy, be recovered in the same manner in which salvage
is recoverable.
(2) Where a master who is guilty of an offence under
subsection (1) is an officer certificated or licenced under this Act,
he shall be subject to an enquiry into his conduct pursuant to this
Act.
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SHIPPING 145
I' rc'
2 4 2 . 4 1 ) When a ship- Reports of
accidenrs to
(a) has sustained or caused any accident occasioning loss s'''pq
of life or any serious injury to any person; or
(b) has sustained any material damage affecting its
seaworthiness or its efficiency, either in its hull or in
any part of its machinery,
the owner or master thereof shall, within twenty-four hours after
the happening of the accident or event causing damage or as soon
as possible thereafter, transmit to a registrar or proper officer, if
the ship is in a port, or otherwise to the Director, a report of the
accident or damage.
(2) Every report of an accident involving or causing
damage to a ship made under subsection (1) shall be signed by the
owner or master of the ship, and shall state-
(a) the name of the ship, the port of registry of the ship, the
official number (if any) of the ship and the place where
the ship is located;
(b) the circumstances in which the accident or damage
occurred; and
(c) the probable cause of the accident or damage.
(3) If the managing owner, or in the event of there being
no managing owner or no such owner resident in Jamaica, the agent
of any ship to which this section applies has reason to believe that
the ship has sustained or caused any such accident or received any
such damage as is mentioned in subsection (l) , he shall ensure
that the accident or damage has been reported to the Director by
the master.
(4) In reporting to the Director as required under
subsection (3) the managing owner or agent shall state in writing
the name of the ship, its official number (if any) and its port of registry
and state to the best of his knowledge and belief, the nature and extent
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146 LSHIPPING
of the accident or damage, the probable cause thereof and the
location of the ship.
( 5 ) The master or managing owner or agent who fails,
without reasonable cause, to comply with this section is guilty of
an offence and is liable on conviction thereof to a fine of two
hundred thousand dollars.
(6) This section shall apply to all Jamaican ships and to
all foreign ships carrying passengers or cargo to or from a Jamaican
port.
2 4 3 . q 1) If the managing owner or agent of any Jamaican ship
has reason, owing to the non-appearance of the ship or to any other
circumstance, to believe that the ship has been lost, he shall cause
a reasonable search to be made for the ship and shall, as soon as
may be convenient, send to the Director a notice in writing signed
by him and stating-
( U ) the name, the port of registry and the official number (if
any) of the ship; and
(b) a report of the loss of the ship and the circumstances and
probable cause of such loss.
(2) Any managing owner or agent of a ship who fails
without reasonable cause, to comply with this section within a
reasonable period from the time when he has reason to believe
such ship to have been lost, shall be guilty of an offence and on
conviction thereof shall be liable to a fine of two hundred and fifty
thousand dollars.
LOSS of ship.
Sufety of Life at Seu
244. Nothing in sections 245 to 261 or in any regulations made
under section 245, unless it is expressly otherwise provided by
such regulations, shall apply to-
Application of
safety
provisions.
(U) ships of war and troop ships;
(b) cargo ships of less than 500 gross tonnage;
~-
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,YHIPPING I47
(c) ships not propelled by mechanical means;
(6) wooden ships of primitive build;
( e ) pleasure yachts not engaged in trade;
U> fishing vessels.
245.-( 1 ) The Minister may make such regulations as he relating Kegi liitions t
considers necessary or expedient to implement the provisions of satety . . at sea.
the SOLAS Convention and of any other international treaty
instrument relating to maritime safety applicable to Jamaica.
(2) Every person who fails without reasonable cause to
comply with the provisions of any regulations made under this
section commits an offence and in respect of any such offence
shall be liable on conviction thereof to a fine not exceeding two
hundred and fifty thousand dollars.
regulations made under section 245 is expressed to apply to ships ofweather,
that are not Jamaican ships while they are within any port in etc.
Jamaica, such provision shall not apply to a ship that would not be
within any such port but for such stress of weather or any other
circumstances that neither the master nor the owner nor the
charterer, if any, of the ship could have prevented or forestalled.
246. Notwithstanding that any provision of this Part or of any SIiips iii port
through stress
Surveys and Ckrtzfication
247.41) Surveyors shall, as and when required by or under Surveyors'
duties this Act, carry out surveys of-
(a) the hull and machinery of ships;
(b ) the equipment of ships, including tackle. and
appurtenances;
(c) the life-saving, fire-fighting and other safety equipment
of ships;
(d) the radiotelegraphy and radiotelephony installations of
ships; and
~~~ ~
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148 S H / P P ING
( e ) the stowage and manner of loading of ships' cargoes and
stowage of dangerous goods.
(2) The survey and inspections of ships, so far as regards
the enforcement of this Part, shall be carried out by surveyors,
subject to such conditions as the Director may impose, or by any
classification society authorized by the D' 1 rector.
Surveyorto 248. A surveyor shall at all times have the same powers and
have
Inspector's responsibilities as an Inspector under sections 3 16, 3 17 and 3 18.
powers, etc.
Survey 249. The structure, machinery and equipment of a passenger
requirements
forpassenger ship shall be subjected to the following surveys pursuant to this
Part- ships.
( U ) a survey before the ship is put in service, which shall
include a complete inspection of its structure, machinery
and equipment, including the outside of the ship's bottom
and the inside and the outside of the boilers and shall be
such as to ensure that the arrangements, material and
scantlings of the structure, boilers and other pressure
vessels and their appurtenances, main and auxiliary
machinery. electrical installation, radio installations
including those used in life-saving appliances, fire
protection. fire safety systems and appliances, life-saving
appliances and arrangements, shipborne navigational
equipment. nautical publications, means of embarkation
for pilots. lights. shapes. means of making sound and
distress signals and other equipment fully comply with
the relevant regulations applicable to the ship, are in a
satisfactory condition and are fit for the service for which
the ship is intended;
( h ) a periodical survey before the Passenger Ship Safety
Certificate or Passenger Certificate may be renewed,
which skall include an inspection of the ship's structure,
niachinerj. and equipment referred to in paragraph ( a ) to
I l l i c ~ ~ i c l u \ i ( w t ~ l thi \ I I , I ~ 1% mllioiized h? L N ; l O O I ]
I49
ensure that they coinply with the relevant regulations
applicable to the ship. are i n a satisfactory condition and
are fit for the service for which the ship is intended;
(c) an additional survey, either general or partial, according
to the circumstances, to be made after a repair resulting
from investigations prescribed in section 254(2), or
whenever any repairs or renewals are undertaken which
could materially affect the safety and condition of the
ship and which shall be such as to ensure that the
necessary repairs or renewals have been effectively
made, that the material and workmanship of such repairs
or renewals are in all respects satisfactory, and that the
ship complies in all respects with the relevant regulations
applicable to the ship.
250.-(1) The Minister may make regulations, in this Act Regulations
referred to as "Cargo Ship Safety Construction and Survey
Regulations", prescribing requirements for the hull, equipment and construction
machinery of ships to which this section applies and requiring any ~~~~~~~~
Jamaican ship to be surveyed to such an extent, in such a manner
and at such intervals as may be prescribed.
(2) The regulations shall include requirements as appear
to the Minister to be necessary to implement the provisions of the
Safety Convention in relation to the hull, equipment and machinery
of such ship.
(3) This section applies to-
(a) Jamaican cargo ships of not less than 500 gross tons;
(b) Jamaican cargo ships of such lower tonnage and of such
description as the Minister may specifi; and
(c ) foreign cargo ships while they are within Jamaican waters
and while they are not exempted under this Act.
251. The radio installations, including those used in life-saving Survey
appliances, of cargo ships of 300 gross tons or over engaged on ~~~~~~~
international voyages shall be subjected to the following surveys installations
pursuant to this Part- of cargo ships.
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150 SHlPPlNC
( a ) a survey before the ship is put in service, which shall
include a complete inspection of the radio installation,
including, when appropriate, those used in the life-saving
appliances, to ensure that they comply with the relevant
regulations applicable to the ship, are in a satisfactory
condition and are fit for the service for which the ship is
intended;
(b) a periodical survey be€ore the Cargo Ship Safety Radio
Certificate may be renewed, which shall include an
inspection of the radio installation, including when
appropriate, those used in life-saving appliances, to
ensure that they comply with the relevant regulations
applicable to the ship, are in a satisfactory condition and
are fit for the service for which the ship is intended;
(c) an additional survey, either general or partial, according
to the circumstances, to be made after a repair resulting
from investigations prescribed in section 254(2), or
whenever any repairs or renewals are undertaken which
could materially affect the safety and condition of the
ship and which shall be such as to ensure that the
necessary repairs or renewals have been effectively
made, that the material and workmanship of such repairs
or renewals are in all respects satisfactory, and that the
ship complies in all respects with the relevant regulations
applicable to the ship.
Survey 252 .41 ) The safety equipment of a cargo ship of 500 gross
for the safery tons or over engaged on international voyages shall be subjected
ewipmentof to the following surveys pursuant to this Part-
(a) a survey before the ship is put in service, which shall
include a complete inspection of the life-saving
appliances and arrangements (except radio installations
where only the arrangements shall be inspected), the
shipborne navigational equipment, the fire safety systems
nquiremcnts
cargo ships.
~~~~ ~~
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SHIPPING
and appliances, the inert gas system, the tire control
plans, the means of embarkation of pilots. the nautical
publications, lights. shapes and means of making sound
and distress signals and other equipment to ensure that
they comply with the relevant regulations applicable to
the ship, are in a satisfactory condition and are fit for the
service for which the ship is intended;
a periodical survey before the Cargo Ship Safety
Equipment Certificate may be renewed, which shall
include an inspection of the equipment referred to in
paragraph (a) to ensure that it complies with the relevant
regulations applicable to the ship, is in a satisfactory
condition and is fit for the service for which the ship is
intended;
an annual survey, or, in the case of a tanker of ten years
of age and over, an intermediate survey, within three
months before or after the anniversary date of the Cargo
Ship Safety Equipment Certificate which shall include
a general inspection of the equipment referred to in
paragraph (a) to ensure that it is being maintained in
accordance with section 254 (1) (a) and it remains fit for
the service for which the ship is intended;
an additional survey, either general or partial, according
to the circumstances, to be made after a repair resulting
fiom an investigation prescribed in section 254(2), or
whenever any repairs or renewals are undertaken which
could mate@ly affect the safety and condition of the
ship and which shall be such as to ensure that the
necessary repairs or renewals have been effectively
made, that the material and workmanship of such repairs
or renewals are in all respects satisfactory, and that the
ship complies in all respects with the relevant regulations
applicable to the ship.
F e inclusion of this page is anthorized by L.N. .ti2001]
152 SH/PPING
Survey
requirements
for the
structure,
machinery
and
equipment of
cargo ships.
(2) In any period of five years, there shall be carried out
at least one survey in accordance with this section.
253. The structure, machinery and equipment, excluding the
radio installations and safety equipment to which sections 25 1 and
252 apply, of cargo ships of 500 gross tons or over shall be subjected
to the following surveys pursuant to this Part-
( a ) a survey before the ship is put in service, which shall
ensure that the arrangements, materials and scantlings
of the structure including the sea connections, overboard
discharge valves and other ship side fittings, the boilers
and other pressure vessels and their appurtenances (other
than domestic boilers having a heating surface of five
square metres or less and a working pressure of 3.5 bar
gauge or less and other domestic pressure vessels having
such a working pressure), main and auxiliary machinery
including steering gear and associated control systems,
electrical installation, structural fire protection and
special measures for tankers and other equipment comply
with the relevant regulations applicable to the ship, are
in a satisfactory condition and are fit for the service for
which the ship is intended and that the required stability
information is provided; and which shall, for the purposes
of the survey of the outside of the ship's bottom, the sea
connections, overboard discharge valves and other ship
side fittings and the rudder be carried out whilst the ship
is in dry dock; and shall also, in the case of tankers,
include an inspection of the pump rooms, cargo and
bunker piping systems, vent piping, pressure of vacuum-
valves and flame arresting screens;
-
(b) a periodic survey, before the Cargo Ship Safety
Construction Certificate or the Jamaican Cargo Ship
Safety Construction Certificate may be renewed, which
shall be such as to ensure that the arrangements, materials
SHIP P f NG I53
and scantlings referred to in sub-paragraph (a) comply
with the relevant regulations applicable to the ship, are
in a satisfactory condition and are fit for the service for
which the ship is intended and which shall, in the case
of tankers, include an inspection of the pump rooms,
cargo and bunker piping systems, vent piping, pressure
or vacuum-valves and flame arresting screens;
(c) in the case of a tanker of ten years of age or over, at least
one intermediate survey, during the period of validity of
the certificate; if there is only one such survey, it shall
be held not more than six months before nor later than
six months after, the half way date of the period of
validity of the certificate. In no case shall the period
between the surveys so required exceed three years and
the surveys shall include an inspection of the
arrangements, materials and scantlings of the structure
provided in compliance with the relevant regulations
applicable to the ship and the steering gear and associated
control systems, cargo and bunker piping systems on
deck and in the pump rooms, vent piping, pressure or
vacuum-valves, flame arresting screens and the electrical
installation in hazardous zones to ensure that they remain
satisfactory for the service for which the ship is intended;
(d) an annual survey within three months before or after each
anniversary date of the Cargo Ship Safety Construction
Certificate or the Jamaican Cargo Ship Safety
Construction Certificate, except that an annual survey
shall not be required in respect of a tanker of ten years
of age or over in any year in which it has been surveyed
in accordance with paragraph (c) within three months
before or after the anniversary date of the Cargo Ship
Safety Construction Certificate; such surveys to include
a general inspection of the arrangements, materials and
scantlings of the structure provided in compliance with
[The ~nclus~oii ofllirs page IS aiirhonzed by L N. 3/2001]
154 SHIPPING
the relevant regulations applicable to the ship to ensure
that they are being maintained in accordance with section
254(1) (U() and that they remain fit for the service for
which the ship is intended;
( e ) a minimum of two surveys of the lower areas of the hull,
including the sea connections, overboard discharge and
other ship side fittings and the rudder with the ship in
dry dock during any five year period, provided that in
all cases the interval between any two such surveys shall
not exceed thirty-six months and the surveys shall be
such as to ensure that they remain satisfactory for the
service for which the ship is intended;
an additional survey, either general or partial, according
to the circumstances, to be made after resulting from an
investigation prescribed in section 254(2), or whenever
any repairs or renewals are undertaken which could
materially affect the safety and condition of the ship,
and shall be such as to ensure that the necessary repairs
or renewals have been effectively made, that the material
and workmanship of such repairs or renewals are in all
respects satisfactory, and that the ship complies in all
respects with the relevant regulations applicable to the
ship.
254.41) The owner and master of every ship to which this
(a) the condition of the ship, including its structure,
machinery and equipment, is maintained so as to comply
with the relevant provisions of this Part applicable to
the ship;
(b) after any survey required by this Part has been completed,
no material change is made to the structure, machinery
and equipment of the ship which was subject to the
v)
Responsibili-
and m s e r
ance with ISM
ties of owner
and compli-
Code.
section applies shall ensure that-
[rile inclusion ofthis p a p is authorizedby L.N. 3/2001]
SHIPPING IS5
survey without the approval of a surveyor or, except by
direct replacement;
(c) whenever an accident occurs to a ship or a defect is
discovered either of which affects the safety of the ship
or the efficiency or completeness of the ship, including
its structure, machinery and equipment-
(i) it is reported at the earliest opportunity to a
surveyor, or a proper officer; and
(ii) if a Jamaican ship is in such a case in a port
outside Jamaica it is also reported to the
appropriate authorities of the country in which
the port is situated.
(2) Whenever an accident or defect is reported to a
surveyor or to a proper officer under subsection (1) (c) (i), the
surveyor or proper officer, as the case may be, shall cause
investigations to be initiated to determine whether a survey is
necessary and shall, in that event, require such a survey to be carried
out.
(3) Subsections (1) and (2) apply t o -
(U) Jamaican ships; and
(b) except as regards subsection (1) (a), other ships which
have been surveyed pursuant to this Part.
(4) All Jamaican ships, all other ships while in Jamaican
waters and all companies in relation to ships referred to in this
subsection shall comply with the ISM Code.
( 5 ) For the purposes of subsection (4), "ISM Code" means
the International Management Code for the Safe Operation of Ships
and for Pollution Prevention adopted by the Organization as may
be amended from time to time, and "company" has the same
meaning as in the ISM Code.
[The incliision ofthis page is authorized by L.N. 3/200l]
156 SHIPPING
Procedure to
be adopted
when the ship
including its
structure not
corresponding
to certificate.
Issue of
certificates to
Jamaican
ships engaged
on
international
or short
international
voyages.
255.-(I) In any case where a surveyor determines that the
condition of a ship to which this section applies, including its
structure. machinery and equipment, does not correspond
substantially with the particulars on one or more of the certificates
referred to in this Part or is such that the ship is not fit to proceed
to sea without danger to the ship or persons on board, the surveyor
shall advise the owner or master of the corrective action which in
his opinion is required, and shall notify the Director.
(2) If such corrective action is not taken within a
reasonable period as a surveyor may specify, the surveyor shall, at
the end of that time, immediately notify the Director who may, on
receipt of such notification, suspend the validity of the particular
certificate issued to the ship and notice of any such suspension
shall be given to the owner, and to the surveyor, who in turn shall
notify the master.
(3) This section applies only to Jamaican ships and other
ships which have been surveyed pursuant to this Part.
256. When a survey to meet the requirements set out in this Part
is satisfactorily completed the Director, or any other person
authorized by him, shall issue-
(a) in the case of a passenger ship engaged oq international
voyages, a Passenger Ship Safety Certificate, unless the
ship is only engaged on short international voyages when
a short international voyage Passenger Ship Safety
Certificate shall be issued;
(b) in the case of a cargo ship of 300 gross tons or over
engaged on international voyages, a Cargo Ship Safety
Radio Certificate;
(c) in the case of a cargo ship of 500 gross tons or over
engaged in international voyages, a Cargo Ship Safety
Equipment Certificate; or
(d) in the case of a cargo ship of 500 gross tons or over
engaged on international voyages, a Cargo Ship Safety
Construction Certificate.
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SHIPPING 157
257. When a survey or surveys, to meet the requirements set out ISSW o t
certificates to
ships not
international
in this Part, are satisfactorily completed the Director shall issue-
(U) in the case of a Jamaican passenger ship not engaged on ellgaged on
international voyages, a Passenger Certificate appropriate
to its class; or
(b ) in the case of a Jamaican cargo ship of 500 gross tons or
over not engaged 011 international voyages, a Cargo Ship
Safety Construction Certificate.
with the provisions of this Act and state-
258.-( 1) A Passenger Certificate shall indicate compliance Form of
certificate
(a) the limits (ifany) beyond which the ship is not fit to ply;
(b) the number of passengers which the ship is fit to carry;
(c) any condition with which the ship has to comply.
( 2 ) A Passenger Ship Safety Certificate, Cargo Ship
Safety Radio Certificate, Cargo Ship Safety Equipment Certificate,
Cargo Ship Safety Construction Certificate and Exemption
Certificate shall be in the form prescribed by the Safety Convention.
259.-( 1) The duration of certificates issued under section 255 Duration and
validity of
certi ticates. shall be as follows-
(a) a Passenger Ship Safety Certificate and a short
international voyage Passenger Ship Safety Certificate
shall be issued for a period of validity not exceeding
twelve months;
(b ) a Cargo Ship Safety Radio Certificate shall be issued
for a period of validity not exceeding twelve months;
(c) a Cargo Ship Safety Equipment Certificate shall be issued
for a period of validity not exceeding twenty-four
months;
(d) a Cargo Ship Safety Construction Certificate shall be
issued for a period of validity not exceeding five years.
[ l i e iiiclusioii oftliis page is ;iiirliorized by L . N . 3/2001]
158 $7 HIP PING
(2) The duration of certificates issued under section 257
(a) a Passenger Certificate shall be issued for a period of
validity not exceeding twelve months;
(b ) a Jamaican Cargo Ship Safety Construction Certificate
shall be issued for a period of validity not exceeding
five years.
shall be as follows-
(3) A certificate shall cease to be valid-
(a) if its period of validity has been exceeded and the
certificate has not been extended when permitted by
section 261 ;
(b) if annual and intermediate surveys have not been carried
out in accordance with this Part and the certificate has
not been endorsed;
(c) upon the transfer of a ship to the flag of another state.
Issue and
duration of
exemption
2 6 0 . 4 1) When an exemption is granted to a ship in accordance
with the relevant provisions applicable to the ship, a certificate
called an Exemption Certificate shall be issued in addition to any
certificate issued under section 255.
(2) An Exemption Certificate shall be issued for a period
of validity that is not longer than the period of validity of the
certificate to which it refers.
( 3 ) An Exemption Certificate shall be subject to the same
extension and other provisions as the certificate to which it refers.
(4) Where an Exemption Certificate has been issued, a
statement to this effect shall be included on the certificate to which
it refers.
Extension and
provisions.
261.--(1) If a Jamaican ship, at the time when a certificate
issued under section 256 (a) or (b) expires, is not in a Jamaican
port or the port in which it is to be surveyed-
other
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SHIPPING I59
(a) the Director may extend the period of validity of the
certificate but this extension shall be granted only for
the purpose of allowing the ship to complete its voyage
to a Jamaican port or the port in which it is to be surveyed,
and then only in cases where it appears proper and
reasonable to do so;
(b) no certificate shall be extended for a period longer than
five months, and a ship to which the extension is granted
shall not, on its arrival in a Jamaican port or the port in
which it is to be surveyed, be entitled by virtue of the
extension to leave that port or Jamaica without having
obtained a new certificate.
(2) The Director may extend a certificate issued under
section 256 (a) or (b) which has not been extended under subsection
(1) for a period of grace of up to one month from the date of expiry
stated on it.
(3) In the case of a Jamaican ship in respect of which a
Passenger Ship Safety Certificate or a short international voyage
Passenger Ship Safety Certificate is in force and the total number
of persons on board for a particular voyage is less than the number
for which the ship's life-saving appliances provide, the Director
may, at the request of the master of the ship, issue a memorandum
that states the total number of persons on board for that voyage
and the modifications that may be made with persons on board for
that voyage and sets out the details of the modifications that may
be made with respect to life-saving appliances stated on the
certificate.
(4) The memorandum referred to in subsection (3) shall
be attached to the certificate during the particular voyage and shall
be returned to the Director at the completion of the voyage.
(5) In the case ofa ship that has been transferred from the
registry of the Government of another country to the Jamaican
registry, the Director, subject to such survey requirements that may
160 SHIPPfNC
be considered to be necessary may issue one or more of the
certificates prescribed by sections 256 and 257 for a period to be
determined by the Director, but for not longer than the period of
validity of the certificate or certificates issued by or on behalf of
the Government of that other country if satisfied that-
( U ) the ship has already been subjected to satisfactory initial,
periodical, intermediate, annual and additional surveys,
as appropriate;
(b) the certificate issued by or behalf of the Government of
that country would have remained valid had the registry
of the ship not been changed;
(c) the condition of the ship, including its structure,
machinery and equipment, have been maintained so as
to comply with the relevant regulations applicable to the
ship; and
(d) after any of the surveys referred to in sub-paragraph (U)
have been completed, no material change has been made
to the ship, including its structure, machinery and
equipment, subject to such surveys, without the approval
of the administration of that other State or the Director
except by direct replacement.
Loud Line
Load Line 262.41) The Minister may make such regulations (hereinafter
referred to as "the Load Line Regulations") as appear to him to be
necessary for the purpose of giving effect to the Load Line
Convention and for making provisions in relation to the matters
specified in subsection (2).
regulations under this section may-
Regulations.
(2) Without prejudice to the generality of subsection (l),
(a) prescribe load line requirements; and
~ ~~ ~ ~~~
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SHIPPING 161
(b) provide for the survey of and issue of local Load Line
Certificates in respect of ships to which the Load Line
Convention does not apply.
263.--(1) No Jamaican load line ship shall proceed to sea Ships not to
proceed to sea
unless
complying
Line
the ship has been surveyed in accordance with the Load with Load
Line Regulations either by a surveyor or at the request Regulations.
of the Minister by the Government of any Convention
state;
the ship complies with the conditions for the assignment
of load lines prescribed in the Load Line Regulations;
the ship is marked on each side with a mark (hereinafter
referred to as "deck-line") indicating the position of the
uppermost continuous deck and with marks (hereinafter
referred to as "load line") indicating the several maximum
depths to which the ship is permitted to load in various
circumstances prescribed by the Load Line Regulations;
and
the deck-line and load lines are of the descriptions and
in the positions required by the Load Line Regulations.
(2) Where the ship proceeds or attempts to proceed to
sea in contravention of this section the master or owner thereof is
liable on summary conviction in a Resident Magistrate's Court to
a fine not exceeding five hundred thousand dollars and the ship
may be detained until it has been so surveyed and marked.
who fails without reasonable cause to keep the ship marked in loadline
accordance with this Part is guilty of an offence and is liable on 'narks.
summary conviction thereof in a Resident Magistrate's Court to a
fine not exceeding one hundred thousand dollars.
(2) Any person who conceals, removes, alters, defaces or
obliterates or permits any person under his control to conceal,
264.-(1) The owner or master of a Jamaican load line ship Alterationor
defacement of
[The inclusion ottliis page i s ;iutliol-ized hy L.N. 3/2001]
162 SHI/'PING
remove, alter, deface or obliterate any mark placed on the ship in
accordance with this Part, except with the authority of a person
entitled under the Load Line Regulations to authorize the alteratioli
of the mark is guilty ofan offence and is liable on conviction thereof
to a h e not exceeding five hundred thousand dollars.
265.-(1) No Jamaican ship shall be so loaded that the
appropriate load line on each side of the ship would be submerged,
if the ship had no list.
(2) Where any ship is loaded in contravention of this
section, the owner or master of the ship is guilty of an offence and
is liable on summary conviction thereof in a Resident Magistrate's
Court to a fine not exceeding five hundred thousand dollars, and
to such additional fine not exceeding one hundred thousand dollars
for every centimetre or part thereof by which the appropriate load
line on each side of the ship was submerged if the ship had been in
salt water and without any list.
(3) In any proceedings against an owner or master in
respect of a contravention ofthis section, it shall be a valid defence
that the contravention was due solely to deviation or delay caused
by stress of weather or,force rnujeuve which neither the master, the
owner, nor the charterer, ifany, could have prevented or forestalled.
(4) Without prejudice to any proceedings under this
section, any ship which is loaded in contravention of this section
may be detained until it ceases to be so loaded.
266. The provisions of section 265 shall apply to foreign ships
while they are in Jamaican waters as they apply to Jamaican ships.
267. An International Load Line Exemption Certificate shall be
issued to any ship to which an exemption has been granted in
accordance with the Load Line Convention.
268.--( 1) Where a Jamaican ship has been surveyed and marked
in accordance with the Load Line Regulations, the appropriate
certificate shall be issued to the owner of the ship, on his application.
Submersionof
load lines
Submersion of
foreign ships
Exemption
load lines of
Certificate
International
Load Line
and Local
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SHIPPING I63
(2) For the purpose of this section the appropriate
certificate-
(a ) in the case of a Load Line Convention ship. is the
International Load Line Certificate; and
(b ) in the case of any other ship, is the Local Load Line
Certificate.
269. Where a valid Load Line Certificate is produced in respect IIII., LLt 0 1 I.oad
of the ship to which the certificate relates the ship shall be deemed k:&atca,
to have been surveyed and marked in accordance with the
provisions of this Act and the Load Line Regulations.
2 7 0 . 4 1) Every Load Line Certificate issued under this Part [)uration,
shall, unless it is renewed in accordance with the provisions of ~ ~ , ~ ~ ~ ~ $ ~
subsection (2), expire at the end of such period as specified therein ~ J ~ L M J I i 1 e
which period shall not exceed five years from the date of its issue.
(2) Any such Load Line Certificate may, after a survey
conducted in accordance with the Load Line Regulations before
the issue of the certificate, be renewed from time to time by the
Director or by any person authorized by him to issue a Load Line
Certificate for such period not exceeding five years on any occasion
as the Director or other authorized person renewing the certificate
thinks fit.
(3) The owner of every ship in respect of which any such
certificate remains in force, shall cause the ship to be surveyed in
the prescribed manner at least once in every period of twelve months
after the issue of the certificate for the purpose of ascertaining
whether the certificate should remain in force, having regard to
subsection (2), and if the ship is not so surveyed, the Director with
the approval of the Minister shall cancel the certificate, but may, if
he thinks fit, extend the said period by a maximum of three months.
Certificate.
271. The master of every Jamaican load line ship shall, upon I’roduction ot
Customs from whom a clearance for the ship from a port in Jamaica J m 1 i c m sllips.
Load Liiic request, produce a valid Load Line Certificate to the Officer of C‘crtiticatcs of
164 SHIPPING
is demanded, and until the certificate is produced a clearance shall
not be granted and the ship may be detained in accordance with
the provisions of this Act.
Production of 272. Unless a valid Load Line Certificate is produced in respect
Certificates of of a foreign ship, the provisions of section 271 shall apply to that
foreignships ship proceeding or attempting to proceed to sea from a port in
Jamaica as they apply to a Jamaican ship.
273. --( 1) The Minister may make regulations, in this section
referred to as the "Deck Cargo Regulations", prescribing
requirements to be complied with where cargo is carried in any
uncovered space on the deck of a load line ship.
(2) Where the Load Line Regulations provide either
generally or in particular cases or classes of cases for assigning
special freeboard to ships which are to have effect only when
carrying a cargo of timber on deck, then, without prejudice to the
generality of subsection (1) the Deck Cargo Regulations may
prescribe special requirements to be complied with in circumstances
where any such special freeboard has effect.
(3) In prescribing any such special requirements as are
mentioned in subsection (2), the Minister shall have regard in
particular to the provisions of Chapter IV of Annex 1 to the Load
Line Convention.
(4) Where any provisions of the Deck Cargo Regulations
are contravened-
Load Line
Deck cargo
regulations.
((I) in the case of a Jamaican ship; or
( b ) in the case of any other ship while it is in a Jamaican
port,
the master of the ship is, subject to subsection (9, guilty of an
offence and is liable on conviction thereof to a fine of two hundred
and fifty thousand dollars.
(5) Where a person is charged with an offence under
subsection (4) it shall be a defence to prove to the satisfaction of
[The iiicliisioii ott l i is page is authorized by L.N. 3/2001]
SHIPPING 165
the court that the contravention was due solely to deviation or delay
caused by stress of weather or any other cause offorce rnqjeure
which neither the master nor the owner nor the charterer, if any,
could have prevented or forestalled.
(6) For the purpose of securing compliance with the Deck
Cargo Regulations, an Inspector may inspect any ship to which
this Part applies which is carrying cargo in any uncovered space
on its deck.
Load Line Certificate issued under this Part is in force shall, as $Et&
soon as practicable after any structural alteration which affects the affecting
of the ship, give notice in writing to the Director containing full lines.
particulars of the alteration.
(2) Where notice of any alteration is not given as required
by subsection (l), the owner and the master are guilty of an offence
and each is liable on conviction thereof to a fine not exceeding
five hundred thousand dollars.
(3) The Director may exercise with respect to any such
ship his powers specified in subsection (4) where he has reason to
believe that-
(a) material alterations have taken place in the hull or super-
structure of the ship which affect the load line marks; or
(b) fittings and appliances for the protection of openings,
guard rails, the freeing ports or the means of access to
the crew's quarters have not been maintained on the ship
in as effective a condition as they were when the
certificate was issued.
274 .41 ) The owner or master of a ship in respect of which a Notice to be
position of the load line marks is made in the hull or super-structures position ship's load of
(4) In any such case the Director may-
(a) cancel the Load Line Certificate; or
(b) require the owner to have the ship surveyed again to
such an extent as the Director thinks fit; and, if that
[The iiiclusion of this page is authorized by L.N. 3i200ll
166 SHIPPING
requirement is not complied with he may cancel the Load
Line Certificate.
( 5 ) Where ;I Load Line Certificate has expired or has
been cancelled, the Director inay require the owner or master of
the ship to which the certiticate relates to surrender the certificate
as he directs and the ship may be detained and if the owner or
master fails without reasonable cause to comply with such
requirement he is guilty of an offence and liable on conviction
thereof to a fine not exceeding five hundred thousand dollars.
Inspection of 275.--( I ) An Inspector may, for the purpose of ensuring that
ships
regardingload the provisions of this Act have been complied with, board any
lines. ship within Jamaican waters and demand the production of any
Load Line Certificate for the time being in force in respect of that
ship.
(2) Where pursuant to subsection ( l ) , a valid Load Line
Certificate is produced to the Inspector his powers of inspecting
the ship with respect to load line shall be limited to verifying-
(a) that the ship is not loaded beyond the limits allowed by
the certificate;
(b) that the markings of the load line on the ship correspond
with those specified in the certificate;
(c) that no material alterations have taken place in the hull
or super-structure of the ship which affect the markings
of the load lines;
(6) that the fittings and appliances for the protection of
openings, guard rails, freeing ports and the means of
access to the crew's quarters have been maintained on
the ship in as effective a condition as they were when
the certificate was issued.
(3) Where a valid Load Line Certificate is not produced
to the Inspector, the ship may be detained until such certificate is
produced.
[The illclusinn o l t l i i s page IS authonzed by L.N. 32001 I
.WIPPINC I67
276.--(1) Where it is found upon an inspection referred to in Contravention
section 275 that a ship is loaded in contravention of section 265, Reglllations
the ship may be detained and proceedings may be taken against and detention
the master or owner thereof under section 265.
(2) Where the load lines on the ship are not marked as
specified in the certificate, the ship may be detained until the matter
has been rectified to the satisfaction of the Inspector.
of Load Line
o t sli i p.
(3) Where on inspection a ship i s found to have been so
materially altered in respect of the matters referred to in section
275 (2) (c) and (6) that it is manifestly unfit to proceed to sea
without danger to human life, the ship shall be detained; but where
the ship has been so detained the Director shall order the ship to be
released as soon as he is satisfied that the ship is fit to proceed to
sea without danger to human life.
277.41) Where a Load Line Certificate has been issued under I’osting L ad Line up of
this Part in respect of a Jamaican load line ship- Certiticate
and entry of
the owner of the ship shall forthwith upon receipt of the details ioad line i n
certificate, cause it to be framed and displayed in some sllipts log
conspicuous place on board the ship, and the certificate hook.
shall be kept so framed and displayed and shall be legible
so long as the certificate remains in force and the ship is
in use; and
the master of the ship before making any other entry in
any official log book, shall enter therein the particulars
as to the marking of the deck-line and load line specified
in the certificate.
(2) Before any Jamaican load line ship proceeds to sea
(a) enter in the official log book the draught and freeboard
relating to the depth to which the ship is for the time
being loaded, the density of the water in which the ship
is floating and all other particulars relating thereto in the
form as set out in the official log book;
the master thereof shall-
[The iiiclusioii of this page is nutliorized by L.N. 3/2OOl]
168 SHIPPING
(h j cause a notice in the prescribed form containing the
information specified in paragraph (uj to be displayed
in some conspicuous place on board the ship and the
notice shall remain displayed and shall be legible while
the ship is at sea.
(3) The master or owner of any Jamaican load line ship
who fails to comply with the provisions of this section is guilty of
an offence and is liable on conviction thereof to a fine not exceeding
one hundred thousand dollars.
Loud Line Exemptions
278.--(1) Where in the opinion of the Minister the sheltered
nature and conditions of international voyages between ports in
Jamaica and ports in neighbouring countries make it unreasonable
or impracticable to apply the provisions of this Act to ships plying
on such a voyage, and the Minister is satisfied that the Government
of the other countries concur in that opinion, the Minister may, by
order, direct that ships plying on such voyages be exempt from the
provisions of this Part.
(2) The Minister may, by order, direct that vessels engaged
solely in coastal trading, or any class of such vessels specified in
the order be exempt from the provisions of this Part.
(3) Any order under this section may be made subject to
such conditions as the Minister thinks fit, and where any such order
is made subject to conditions, the exemption granted by the order
shall not have effect in relation to a ship unless the ship complies
with those conditions.
Further 279. --( 1 ) On the application of the owner of a Jamaican Load
exempt ships Line ship, the Minister may exempt the ship from the application
of design novel of this Part, if in his opinion the ship embodies features of a novel
kind such that, if the ship has to comply with all the requirements
of this Part, the development of those features and their
incorporation in the ship might be seriously impeded.
Power to
exemption
orders
make
\
powers to
(The inclusion ofthis page is authorized by L.N. 3/2001]
SHIPPING 169
(2) Where a Jamaican Load Line ship does not normally
ply on international voyages but is, in exceptional circumstances,
required to undertake a single international voyage, the Minister,
on the application of the owner of the ship, specifying the
international voyage in question, may exempt the ship while
engaged on that voyage.
(3) Any exemption granted under this section may be
granted subject to such conditions as the Minister thinks fit; and
any such exemption shall not have effect unless those conditions
are complied with.
280. In this Part, any reference to exempting a ship is a reference Extent of
to exempting the ship either-
(a) from all the provisions of this Part or of any regulations
made thereunder; or
(b) from such of those provisions as are specified in the
instrument granting the exemption.
exemption.
281.-(1) Where the Minister exempts a ship under section Issueof
exemption 278 or 279 the Director shall issue the appropriate certificate in certificate.
accordance with the provisions of this Part to the owner of the
ship.
(2) For the purposes of this section, where the exemption
is granted under subsection ( I ) or (3) of section 278 the appropriate
certificate is to be called an "International Load Line Exemption
Certificate".
282.- 1 ) The Load Line Regulations shall make provision for Duration and
determining the period during which any exemption granted under ~ ~ ~ $ ~ ~ ~ f
section 278 or 279 or any certificate issued under section 268 is to
remain in force including-
(a) provision enabling the period for which any such
exemption or certificate is originally granted or issued
to be extended within such limits and in such
circumstances as may be prescribed by the Regulations;
and
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170 SHIPPING
Penalty for
non-
compliance
with
conditions of
exemption
certificates.
Interpretation.
Bulk cargo
regulations.
(b) provision for terminating any such exemption and for
cancelling any such certificate in such circumstances as
may be prescribed.
(2) While any such certificate is in force in respect o f a
ship, there shall be endorsed on the certificate such information as
may be prescribed by the Regulations relating to-
(U) periodical inspections ofthe ship in accordance with the
Load Line Regulations; and
( h ) any extension of the period for which the certificate was
issued.
283. Where an exemption certificate, issued in respect of any
Jamaican ship specifies conditions on which the certificate is issued
and any ofthose conditions is not complied with, without prejudice
to any other liability, the owner or the master of the ship is guilty
of an offence and is liable on conviction thereof in a Resident
Magistrate's Court to a tine not exceeding two hundred and fifty
thousand dollars.
C.'urriage of 'Bulk Curgoes
284. In this Part, "grain" includes wheat, maize, corn, oats, rye,
barley, rice, pulses, seeds and processed forms thereof, whose
behaviour is similar to that of grain in its natural state.
285. The Minister may make regulations relating to-
(a) the safe carriage and storage of bulk cargoes having due
regard to-
(i) the Code of Safe Practice for Solid Bulk
Cargoes issued by the IMO and amendments
thereto or replacement thereof;
(ii) any other international guidelines relating to
the carriage or storage.of solid or liquid bulk
cargoes;
(The inclusion ofrhis page IS arlthorized by L.N. 3/2OOl)
SHlPPlNC 171
(b ) the safe carriage and stowage of grain in compliance
with the SOLAS Convention.
286.-( 1) Where grain is loaded on board any Jamaican ship, Precaution\
or is loaded at any port in Jamaica on board any ship, all necessary gra,n cargoes
and reasonable precautions shall be taken to prevent the grain from
shifting.
(2) If such precautions are as mentioned in subsection
(1) are not taken, the owner, master or any agent of the ship who
was charged with the responsibility for loading or with sending
the ship to sea laden with the grain, is guilty of an offence and the
ship shall be deemed for the purposes of this Act to be unseaworthy
by reason of improper loading.
(3) Where any ship, which has been loaded with grain
outside Jamaica without necessary and reasonable precautions
having been taken to prevent the grain from shifting, enters any
port in Jamaica so laden, the owner or master is guilty of an offence
and the ship shall be deemed for the purposes of this Act to be
unseaworthy by reason of improper loading.
(4) No offence is committed under subsection (3) where
the ship would not have entered any such port but for stress of
weather or any other cause or,force mujeure that, neither the master,
the owner nor the charterer if any, could have prevented or
forestalled.
(5) Any person authorized by the Director to ensure the
observance of the provisions of this section may inspect the grain,
and the mode in which it is stowed and shall have all the powers of
an Inspector under this Act.
regarding
287. Any person who- Otf'enccs
(a) commits an offence by contravening the provisions of
any regulations made under section 285;
(b) commits an offence under section 286,
~~ ~
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172 S H l P P l N G
is liable on summary conviction thereof in a Resident Magistrate's
Court to a fine not exceeding two hundred and fifty thousand
dollars.
Dungerous Goods
Interpretation. 288. For the purposes of sections 289 to 292 in relation to any
(a) goods of an explosive, highly inflammable or toxic nature
or that are otherwise by their nature of quantity either
singly or collectively liable to endanger life or imperil
the ship;
(b) without limiting the generality of paragraph (a), any
goods so declared by regulations under this Part.
Regulations 289.--(1) The Minister may by regulations prescribe which
goods. goods, articles or materials to be carried in a ship are, for the purpose
of this Part, dangerous goods in accordance with the provisions of
the Safety Convention relating to the carriage of dangerous goods
and to amendments thereto or replacements thereof or with any
other Convention which may be accepted by Jamaica, and such
regulations shall have regard to the International Maritime
Dangerous Goods (IMDG) Code of the International Maritime
Organization.
(2) Without restricting the generality of the foregoing,
the Minister may by regulations prescribe-
ship "dangerous goods" means-
to dangerous
(a) the method of packing and stowing such goods;
(b) the quantity of such goods which may be carried in any
ship;
(c) the place or places within a ship in which they may be
carried;
(6) the marking that is to be placed on any package or
container in which goods may be placed for shipment;
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SHIPPING 173
( e ) the precautions that shall be taken with respect to the
carriage of such goods and the powers of inspection to
determine compliance with the provisions of the
regulations.
290.-( 1) No person shall send by or carry in a Jamaican ship, Carriage and
except in accordance with regulations made pursuant to section ~ ~ ~ ~ ~ ~ f $
289, any dangerous goods, so, however, that this section shall not goods
apply to ship's distress signals or to the carriage of military stores
under conditions authorized by the Minister.
(2) No person shall send by or carry in a Jamaican ship
any dangerous goods without first distinctly marking their nature
on the outside of the outermost package containing the same, in
accordance with such regulations as the Minister may make and
without first giving written notice of the nature of such goods and
of the name and address of the sender thereof to the master or
owner of the ship.
Jamaican waters as they apply to Jamaican ships.
is guilty of an offence and is liable on summary conviction thereof
in a Resident Magistrate's Court to a fine not exceeding five hundred
thousand dollars and where the offence involves the marking,
packing, stowing or quantity of dangerous goods within a ship,
the ship shall be deemed, for the purposes of this Act, to be
unseaworthy by reason of improper loading.
on board any package or parcel that he suspects might contain any dangerous
dangerous goods being carried in breach of the provisions of goodsby
regulations made under this Part; and may require the package to
be opened to ascertain its nature.
(2) When any dangerous goods, or any goods that, in the
opinion of the master or owner of the ship, are dangerous goods,
(3) This section shall apply to foreign ships while in
291. Any person who contravenes the provisions of section 290 Otyences
292.41) The master or owner of any ship may refuse to take Rejection and
disposal of
ships.
174 SHIPPING'
have been sent on board any ship without the marking or the written
notice described in section 290, the master or owner of the ship
may cause the goods. together with any package or container
thereof, to be removed from the ship and disposed ofin such manner
as may be prescribed; and neither the master nor the owner of the
ship is subject to civil or criminal liability in any court in respect
of such disposal.
Sc.mvorthiness of Ships
293.-( I ) For the purposes of this Part the circumstances in
which a ship shall be regarded as being in an unseaworthy state
include those where by reason of the matters mentioned in
subsection (2), it is unfit to proceed to sea without serious danger
to the safety of persons, property or the marine environment, having
regard to the nature of the voyage for which the ship is intended,
and "unseaworthy" shall be construed accordingly.
Unseaworthy
ship
(2) The matters referred to in subsection (1) are-
(a) the condition of the hull, equipment, machinery or cargo;
( b ) undermanning;
(c) overloading or unsafe or improper loading.
Sending
unseaworthy
offence.
294.-( 1) Any person who sends or attempts to send any ship
to sea from any port in Jamaica in an unseaworthy state shall be
guilty of an offence, unless he proves either-
(a) that he used all reasonable means to ensure that the ship
was sent to sea in a seaworthy state; or
(b ) that sending the ship to sea in such unseaworthy state
was in the circumstances reasonable and justifiable.
(2) Any master o fa Jamaican ship, or foreign ship, as the
case may be, who knowingly takes such ship to sea from any port
in Jamaica in such an unseaworthy state that the life ofany person
is likely to be thereby endangered, shall be guilty of an offence,
unless he proves that taking the ship to sea in such an unseaworthy
state was in the circumstances reasonable and justifiable.
ship to sea an
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SHIPPING I75
(3) A prosecution under this section shall not be insrituted
except after consultation with the Director.
(4) Every person who commits aii offence against this
section shall, on summary conviction thereof in a Resident
Magistrate's Court, be liable to a fine not exceeding five hundred
thousand dollars, or to imprisonment for a term not exceeding two
years, or to both such fine and imprisonment.
295.--(1) In every contract of employment between the owner Owner's
of a ship and the master or any seaman thereof, or in any instrument crew
of apprenticeship whereby any person is bound to serve on board : ~ ~ ' ~ ~ ~ n e s s
ship, there shall be implied, notwithstanding any agreement to the
contrary, an obligation on the owner of the ship that the owner of
the ship and the master and every agent charged with the loading
of the ship, or the preparing of the ship for sea, or the sending of
the ship to sea, shall use all reasonable means to ensure the
seaworthiness of the ship at the time when the voyage commences
and to keep the ship in a seaworthy condition during the voyage.
(2) Nothing in this section shall subject the owner of a
ship to any liability by reason of the ship being sent to sea in an
unseaworthy state where, owing to special circumstances, the
sending of the ship to sea in such a state was reasonable and
justifiable.
obligation to
296.-(1) Where, whether on a complaint or representation Drtentlon ot
unseaworthy made to him or otherwise, the Director or an Inspector has reason
