Rules For Passenger Safety And Standards

Original Language Title: Noteikumi par pasažieru kuģu drošību un standartiem

Read the untranslated law here: https://www.vestnesis.lv/ta/id/101130

 
Provisions of the Ministry of transport no. 12 in Riga 2004. April 30, rules on passenger safety and standards Issued in accordance with the maritime administration and the Maritime Safety Act, article 11 paragraph 1 of the second paragraph and the third part i. General provisions 1. These rules are determined by the requirements of international law in respect of passenger ships and safety standards through domestic voyages, regardless of the nationality of the flag State the following passenger ships : 1.1 new passenger ships;
1.2. existing passenger ships of 24 metres in length and over;
1.3. for high speed passenger craft.
2. the rules shall: 2.1 concepts used. "international conventions" means the 1974 International Convention for the safety of life at sea, and its Protocol of 1988, as amended (SOLAS Convention), and the 1966 International Convention on load lines mark and its 1988 Protocol, as amended (hereinafter referred to as the International Convention on load);
2.2. the "code of conduct on the stability of vessels" is code for the stability of the ship all types of ships covered by the International Maritime Organization (IMO) documents contained in IMO Assembly on 4 November 1993, in its resolution a.749 (18), in its up-to-date version;
2.3. ' high speed craft code ' is Between the folksy high speed craft safety code contained in IMO Maritime Safety Committee on 20 May 1994, in resolution MSC 36 (63), in its up-to-date version;
2.4. "DSC Code" means the code of Safety for ships with dynamic lifting force, contained in IMO Assembly on 14 November 1977 the resolution 373 (X), as amended by the maritime safety Committee of the IMO on 19 May 1994 a resolution MSC 37 (63);
2.5. ' GMDSS ' means the global maritime accidents and security system laid down in chapter IV of the SOLAS Convention, in its up-to-date version;
2.6. "passenger ship" means a ship which carries more than 12 passengers;
2.7. "ro-ro passenger ship" means a ship which carries more than 12 passengers and that is a special class of cargo space, according to the provisions of annex 1, chapter II-2, part A, paragraph 2;
2.8. "high-speed passenger craft" means a high-speed craft as defined in the SOLAS Convention, chapter X, rule 1, in its latest version, and carrying more than 12 passengers. Passenger ships engaged on domestic voyages (B), (C) or (D) maritime areas, are not considered as high speed passenger craft when: 2.8.1. their displacement corresponding to the constructive waterline is less than 500 m3, 2.8.2. their maximum speed, as defined in the high speed craft code, point 1.4.30. the bottom is less than 20 knots;
2.9. "new ship" means a ship the keel of which is laid or in a similar construction on July 1, 1998, or after it. A similar construction is the stage at which: 2.9.1. construction identifiable with a specific ship begins;
2.9.2. the Assembly of that ship has commenced, comprising at least 50 tonnes or 1% of the estimated mass of structural material, whichever is less;
2.10. "existing ship" means a ship which is not a new ship;
2.11. "age" is the age of the ship, which is expressed in the years after the supposed to be the ship's commissioning;
2.12. "passenger" means any person, except for: 2.12.1. the master and the crew or other persons employed or engaged on board the ship;
2.12.2. a child under one year of age;
2.13. "length" means the length, which is 96% of the full length of the ship to the waterline at the margin, which is 85% of the theoretical side height is measured from the top edge of the keel, or the length from the front edge of the ship priekšvadņ to the axis of the steering shaft along the waterline, whichever is greater. The ships are designed with positive rake of keel the waterline on which this length is measured shall be parallel to the waterline constructive;
2.14. ' bow height ' is Between folksy Convention on cargo mark 39. provisions in the bow height defined as the vertical distance between the waterline forward perpendicular which meet the Summer freeboard height at the designed trim, to the open deck side up;
2.15. "vessel with a full deck" is a vessel with a continuous deck, exposed to weather and sea, which is equipped with watertight closing of independent/opening devices. Deck may be a watertight deck or equivalent structure which includes a waterproof deck fully equipped with sufficient strength and watertight closing appliances;
2.16. "international voyage" means a voyage by sea from port to port in Latvia, located outside Latvia, or vice versa;
2.17. "domestic voyage" means a voyage in maritime areas from Latvia to the same port or another port (i.e., sailing between ports of one country);
2.18. ' maritime area ' means the area defined, subject to the requirements of point 8.1. However, the application of the provisions of the radio regulations, the shipping area shall be as laid down in chapter IV of the SOLAS Convention regulations; 2.
2.19. "port area" means an area that is not prescribed by the Republic of Latvia to the shipping area and extending to the farthest port proper location at sea, creating the port an integral part of the system, or to the natural geographical characteristics that protect the river mouth, defined boundaries, or similar sheltered area;
2.20. ' place of refuge ' means any naturally or artificially sheltered area which may be used as a shelter by a ship or craft under conditions likely to endanger its safety;
2.21. "administration of the flag State" — is the Ministry of transport of the Republic of Latvia;
2.22. ' host State ' means a State, of which port/ports or port/ports ship with the flag of another country, is carrying out domestic voyages;
2.23. "recognised organisation" means an organisation recognised in accordance with the Ministry of transport on 19 September 2003, the rule No 26 "classification society (recognized)" in the agenda of the monitoring requirements laid down in chapter IV;
2.24. ' a mile ' is 1 852 metres;
2.25. "significant wave height" is specified period observed wavelength greater height one-third of the average height;
2.26. "people with movement disorders" is a person who has a particular difficulty when using public transport, among older people, people with disabilities, people with sensory impairments and people who use wheelchairs, pregnant women and persons accompanying young children;
2.27. "Commission" means the European Commission.
3. The provisions referred to in paragraph 1 of the compliance of security laid down in these provisions of the Latvian maritime administration Maritime Safety Inspectorate (KD) or a recognized organization.
4. the KD or recognised organisation checked to the vessels referred to in paragraph 1, flying with a State which is not a EU Member State, flag, taking local flights, fully meeting the requirements of this regulation.
5. These provisions shall not apply to: 5.1. passenger ships are to: 5.1.1 warships or troop carriers;
5.1.2. ships which move does not provide mechanical means;
5.1.3. ships which are built of steel or similar material, and not covered by the standard of high-speed passenger craft (resolution MSC 36 (63)), or standards for vessels with dynamic lifting force (resolution a. 373 (X));
5.1.4. crude wooden vessels;
5.1.5. the original prior to 1965 built passenger ships and historically separate copies built mainly of original material;
5.1.6. recreational yachts, unless they are employed or will be crewed and carrying not more than 12 passengers for commercial purposes;
5.1.7. vessels operating exclusively in port areas;
5.2. high-speed passenger vessels, which are: 5.2.1 warships and troop transports;
5.2.2. recreational craft, unless they are or will be crewed and carrying more than 12 passengers for commercial purposes;
5.2.3. vessels operating exclusively in port areas.
II. Passenger ships of class 6. Passenger ships, taking into account the maritime area in which they operate, are divided into the following classes: 6.1. "class A vessel" means a passenger ship engaged on domestic voyages, except passenger ships of classes B, C, and D;
6.2. "class B vessel" means a passenger ship engaged on domestic voyages, during which it will not at any time further than 20 miles from the coastline where shipwrecked persons can get ashore at high tide and the medium-low tide height;
6.3. "C class vessel" means a passenger ship engaged on domestic voyages on maritime areas where probability that waves may exceed the height of 2.5 m, is less than 10% in one year in respect of vessels all year, or especially limited during the year in respect of vessels in this period only (for example, shipping in the summer), and that the flight time at no point not further than 15 miles from a place of refuge and not more than 5 miles from the coastline where shipwrecked persons can get ashore at high tide and the medium-low tide height;

6.4. "D class vessel" means a passenger ship engaged on domestic voyages on maritime areas where probability that waves can exceed 1.5 m height, is less than 10% in one year in respect of vessels all year, or especially limited during the year in respect of vessels in this period only (for example, shipping in the summer), and that the flight time at no point not further than 6 miles from a place of refuge nor more than 3 miles from the coastline where shipwrecked persons can get ashore at high tide and the medium-low tide height.
7. for high speed passenger craft applied to high speed craft code in title 1 (1.4.10 and 1.4.11.) in certain classes of ships.
8. the Latvian maritime administration: 8.1. establish and renew if necessary jurisdiction of the Republic of Latvia in the shipping area of the list border zones where runs throughout the year and, if necessary, periodically restricts the use of the classes of ships based on ship laid down in point 6 of the class;
8.2. the shipping area list shall be published on the website www.jurasadministracija.lv;
8.3. notify the traffic Ministry requirements referred to in this paragraph.
9. the Ministry of transport shall inform the Commission of the information referred to in point 8.
III. Rules 10. KD or recognised organisation recognised by the other Member State of the European Union provided high speed craft safety certificate and a permit for high speed passenger craft engaged on domestic voyages, or referred to in Chapter VII passenger ship safety certificate passenger ships engaged on domestic voyages.
11. KD inspection of foreign passenger ships or high speed passenger craft engaged on domestic voyages, and its documentation in accordance with the Ministry of transport of 23 January 2004 rule No 3 "port State control procedures".
12. the equipment listed by the Ministry of transport of 30 April 2004, Regulation No 7 of the "rule of the sea marine equipment" annex 1 and meets the requirements of these provisions, is considered appropriate for these rules.
IV. Security requirements 13. KD or recognised organisation, taking control of the safety requirements for new and existing passenger ships of classes A, B, C and d: 13.1. check that the hull, main and auxiliary propulsion machinery, electrical and automatic construction and maintenance of the equipment meets the standards for classification referred to in the rules of a recognised organisation, or equivalent rules, or by ANY recognized organization used in accordance with the Ministry of transport on 19 September 2003, the rule No 26 "classification society (recognized) the monitoring procedure" 22;
13.2. the chapter IV of the SOLAS Convention, including the 1988 GMDSS amendments, the provisions of chapters V and VI;
13.3. the SOLAS Convention provisions of chapter V requirements for ship's navigation equipment. The vessel's navigation equipment listed by the Ministry of transport of 30 April 2004, Regulation No 7 of the "regulations on marine equipment of ships" 1. in the annex, be deemed to conform to the provisions of SOLAS V/12 (r) requirements on maritime equipment types.
14. the inspection of safety requirements new passenger ships, KD or recognised organisation shall ensure that: (A) new class 14.1. passenger ship at full energy corresponds to the requirements of the SOLAS Convention and the relevant specific requirements laid down in these provisions and in annex 1. In respect of the provisions whose interpretation of SOLAS Convention leaves Member States ' administration of the flag State, apply this rule interpretation included in annex 1;
14.2. the new passenger ships of classes B, C, and D shall comply with the provisions of these rules and annex 1;
14.3. the new passenger ships of 24 metres in length or more, comply with the International Convention on load lines mark;
14.4. new passenger vessels with a length of less than 24 metres, complies with the International Convention on load lines mark;
14.5. Notwithstanding paragraph 14.3 and 14.4. bottom, new D class passenger ships are exempt from the minimum bow height requirement laid down in the International Convention on load lines mark;
14.6. the new passenger ships of classes A, B, C and d: is full Board.
15. the inspection of safety requirements to the existing passenger vessels, KD or recognised organisation ascertains that: 15.1 existing passenger ships of class A complies with the requirements of the SOLAS Convention to existing passenger vessels and with the specific relevant requirements specified in these regulations and in annex 1. In respect of the provisions whose interpretation of SOLAS Convention leaves Member States ' administration of the flag State, apply this rule interpretation included in annex 1;
15.2. the existing passenger ships of class B shall comply with these rules and their annex 1 specific requirements;
15.3. the existing passenger ships of classes C and D shall comply with these regulations and annex 1, chapter III of the specific requirements laid down;
15.4. the essential repairs, alterations and modifications, and related equipment installation is in accordance with section 14.1 and 14.2. the requirements laid down in the new vessels. Alterations of existing vessels, designed solely to achieve a higher survivability standard, shall not be regarded as significant modifications;
15.5. the provisions referred to in paragraph 15.1 below unless the SOLAS Convention are not mentioned in the earlier dates, and 15.2 and 15.3. the provisions of point, unless this provision is not mentioned in annex 1 of the earlier date, shall not apply with respect to a ship put wedge in the like or under construction: 15.5.1. before 1 January 1940 until July 1, 2006;
15.5.2.1940 1 January or after, but before 31 December 1962 until 1 July 2007;
15.5.3.1963 1 January or after, but before 31 December 1974, to July 1, 2008;
15.5.4.1975 January 1 or after, but before 31 December 1984 until July 1, 2009;
15.5.5.1 January 1985 or after, until 1 July 2010.
16. the inspection of safety requirements high speed passenger craft, KD or recognised organisation ascertains that: 16.1. high-speed passenger ships built or which make major repairs, alterations or modifications to the January 1, 1996, or after that date, comply with the X/3 of the SOLAS Convention, rule requirements, unless: they are not enclosed in 16.1.1. wedge or they have not been in a similar stage of construction not later than the date of entry into force of these regulations;
16.1.2. they fully meet the requirements of the DSC code;
16.2. high-speed passenger craft, constructed before 1 January 1996 and does not meet the high speed craft code shall continue operation requirements, approved in accordance with this code. High-speed passenger craft, constructed before 1 January 1996 and does not meet the high speed craft code, can not make local trips, if they do not already engaged on domestic voyages on the date of entry into force of these regulations. The following vessels meet the requirements of the DSC code;
16.3. high-speed passenger vessels and their equipment, as well as the construction of maintenance complies with the recognised organisation's rules on the classification of high speed craft, according to the Ministry of transport on 19 September 2003, the rule No 26 "classification society (recognized) the monitoring procedure" 22.
17. when a ro-ro passenger ships stability requirements and in connection with the gradual withdrawal, KD or recognised organisation ascertains that: 17.1. all A, B and C class ro-ro passenger ships, which are inserted into the wedge or in a similar stage of construction in 2004 1 October or after that date, comply with the European Parliament and of the Council of 14 April 2003 of Directive 2003/25/EC on specific stability requirements for ro-ro passenger ships (hereinafter Directive 2003/25/EC) 6. , 8 and 9;
17.2. all class A and class B ro-ro passenger ships, which are inserted into the wedge or in similar construction until 1 October 2004, from 1 October 2010 complies with Directive 2003/25/EC 6, 8 and 9 article, unless they are removed from circulation from that date on, or from a later date, once they have reached 30 years of age, but not later than 1 October 2015.
18. the examination of compliance with safety requirements for people with disabilities, KD or recognised organisation ascertains that: 18.1. This provision will apply the requirements of annex 3, to facilitate people with disabilities safe access to all A, B, C and D class passenger ships and high-speed passenger craft which are used as public transport and are inserted into the wedge or in a similar stage of construction in 2004 1 October or after that date;
18.2. A, B, C and D class passenger ships and high-speed passenger craft, used for public transport, which put a wedge or is similar in construction to 1 October 2004, the conversion is applied for the purpose of this provision the requirements of annex 3, how far it is reasonable and acceptable from the economic point of view.
19. The Ministry of transport for these rules referred to in annex 3 requirements to cooperate with and consult organisations representing persons with disabilities.
20. The Ministry of transport to 17 May 2005 to send the Commission approved the national plan of action for this rule in annex 3 requirements set out in paragraph 18.2.

21. The Ministry of transport to 17 May 2006, to inform the Commission of the application of this chapter to all 18.1. passenger ships referred to in, the bottom mentioned in paragraph 18.2. passenger ships certified to carry more than 400 passengers and all high-speed passenger craft.
V. inspection 22. New Latvian passenger vessels KD or recognised organisation shall carry out the following inspections: 22.1. examination prior to the start of operations;
22.2. periodic inspection every 12 months;
22.3. in addition to the survey, if the need arises.
23. in existing passenger vessels KD of Latvia or a recognized organization shall carry out the following inspections: 23.1. the initial examination, before the commencement of local services;
23.2. periodic inspection every 12 months;
23.3. in addition, if the need arises.
24. High speed passenger vessels in accordance with paragraph 16 of the match the high speed craft code, KD or recognised organisation performing inspections provided for in this code. High-speed passenger vessels in accordance with paragraph 16 of the DSC code, KD meets or recognised organisation performing inspections provided for in this code.
25. KD or recognized organization conducting the tests complied with procedures and guidelines for the passenger ship safety certificate specified in IMO Assembly of 27 November 2003 resolution a. 948 (23) on the screening guidelines, which provide for inspections and certification system of coordinated or procedures designed to achieve this aim.
VII. Certificate 26. KD or recognized organization issuing all new and existing passenger ships registered in Latvian register of Ships, the passenger ship safety certificate (annex 2), after the initial inspection, which is provided in paragraph 22.1 and 23.1..
27. Passenger ship safety certificate shall be issued for a period not exceeding 12 months. KD or recognised organisation can extend the period of validity of the certificate for a period of up to one month. If an extension is granted, the certificate, the new period of validity begins from the date indicated on the certificate as the expiry date before the extension. Restore the passenger ship safety certificate shall be issued after periodic inspection provided for in paragraph 22.2. and 23.2..
28. a register of registered high speed passenger vessels that meet the high speed craft code, KD or recognized organization under the high speed craft code provisions issued a high speed craft safety certificate and a permit to operate high speed craft. High speed passenger craft complying with the DSC code, KD or recognised organisation in accordance with the provisions of this code shall be issued DSC construction and equipment certificate and a DSC permit to.
29. before issuing a permit for high speed passenger craft engaged on domestic voyages in a host State, KD or recognized organization agreed with the host State on operating conditions in the country, and these conditions specify a permit.
VIII. Sanctions 30. This provision in the event of failure of the owner of the vessel, the master of the ship, the bareboat charterer or the person responsible is prosecuted in accordance with the existing laws.
IX. Informative reference to European Union directives, the regulations include provisions that derive from: Council of 17 March 1998 Directive 98/18/EC on safety rules and standards for passenger ships, and Commission Directive 2002/25/EC of the European Parliament and Council Directive 2003/24/EC, Commission Directive 2003/75/EC amends Council 1998 17. Matra Directive 98/18/EC on safety rules and standards for passenger ships.
The European Parliament and of the Council of 5 November 2002 Directive 2002/84/EC amending the directives on maritime safety and the prevention of pollution from ships.
Traffic Minister a. shlesers maritime Department Director a. Annex: further provisions Krastiņš.