Law On Maritime Safety (The Maritime Safety Act)

Original Language Title: Lov om skipssikkerhet (skipssikkerhetsloven)

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Read the untranslated law here: https://lovdata.no/dokument/NL/lov/2007-02-16-9

Law on maritime safety (the Maritime Safety Act).


Date LOV-2007-02-16-9


Ministry of Industry and Ministry of Fisheries

Edited

LOV-2015-06-19-65 from 10/01/2015


Published in 2007 Booklet 2


Effective 01.07.2007, 01.07.2008 (§ 74, no. 12)

Changes

LOV-1903-06-09-7, LOV-1964-06-19-20, LAW-1966-06-17-2, LOV-1971-06-18-90, LAW-1977-06-03 -50, LOV-1981-06-05-42

Promulgated
16.02.2007

Short Title
Ship Safety Act

Chapter Overview:

Chapter 1. Introductory provisions (§§ 1-3)
Chapter 2. The company's duties. Safety Management (§§ 4-8)
Chapter 3. Technical and operational safety (§§ 9-20)
Chapter 4. Working and personal security (§§ 21-30)
Chapter 5. Environmental Safety (§§ 31-38)
Chapter 6. Protective security measures (§§ 39-40)
Chapter 7. Supervision (§§ 41-48)
Chapter 8. Administrative measures (§§ 49 - 54)
Chapter 9. Administrative sanctions (§§ 55-57)
Chapter 10. Criminal liability (§§ 58-70)
Chapter 11. Other provisions (§§ 71-74)

Ref. EEA Agreement Annex XVIII. 32j (Directive 2009/13 / EC). Ref. Earlier laws 9 June 1903 no. 7, June 19, 1964 no. 20, June 17, 1966 no. 2, June 18, 1971 no. 90, June 3rd, 1977 No. 50, 5 June 1981 No.. 42. Cf.. Now Law June 26, 1998 no. 47.

Chapter 1. Introductory provisions

§ 1. Purpose The Act shall safeguard life, property and the environment by facilitating ship safety and security management, including Prevent Pollution from Ships, ensure a satisfactory working environment and safe working conditions on board the ship, and a good and timely supervision.

§ 2. Substantive scope This Act applies to Norwegian and foreign ships. For vessels under 24 meters in length used for commercial purposes, the Act still does not.
King may issue regulations that the law in addition to ships referred to in the first paragraph, shall also apply to:

A)
drilling platforms and other mobile units for the exploration, exploitation, storage or transport of submarine natural resources and mobile units to assist in such activities,

B)
floating cranes, dredgers and similar floating units,

C)
ships mentioned in the first paragraph, second sentence, where someone is working on board.

King may also issue regulations that the law in whole or in part shall not apply to:

A)
vessels under 24 meters in overall length,

B)
ship that can carry up to twelve passengers

C)
Shipbuilding

D)
ships exclusively used on rivers and lakes,

E)
historical ships,

F)
ships belonging defense or used in its service,

G)
other government ships used for commercial

H)
foreign ships.

King may for ships referred to in the third paragraph, issue special regulations for safety management, safety, environment, security and terrorism preparedness and supervision and management measures and administrative sanctions derogating provisions of this Act.

§ 3. The territorial scope The Act applies to Norwegian ships wherever they are located.
To the limitations imposed by international law, the Act applies to foreign ships:

A)
in Norwegian territorial waters, including by Svalbard and Jan Mayen,

B)
in Norwegian Exclusive Economic Zone

C)
on the Norwegian continental shelf.

King may issue regulations on the application of foreign ships outside the areas mentioned in the second paragraph, as far as international law permits.

Chapter 2. The company's duties. Safety management

§ 4. The company With the company meant it as in the safety management certificate to the ship shall be in accordance with provisions in or pursuant to § 7, ref. § 5 of this Act, is reported to be the responsible party.
If the ship does not apply to the requirements for safety management certificate as mentioned in the first paragraph, or Safety Management Certificate has been invalid or is withdrawn, considered the ship's owner that company. If the ship is registered, is considered the registered owner that the ship owner. If the owner in the case mentioned in the first sentence has submitted documentation pursuant to § 5 with the consent of the operator or construction manager, he shall be considered as shipping under this Act.
The second paragraph applies correspondingly if it is reported to be the general partner of the ship's safety management certificate, do not exist.
Ministry may issue regulations on who should be regarded as "shipping" under the provisions of subsections.


§ 5. Duty to submit information If the owner leaves the responsibility for operation of the ship to another, shall state the name of the operator and given other necessary information to the Ministry. The operator shall obtain a confirmation that this information has been received and complete. First and second sentences apply correspondingly during the construction of the ship if the owner leaves the responsibility for the construction of the ship to another.
Ministry may issue regulations with further provisions concerning the obligation to disclose information under the first paragraph.

§ 6. General duties The company has an overriding duty to ensure that the construction and operation of the ship is in accordance with the rules laid down in or pursuant to this Act, including the master and other persons working on board comply regulations.
The company shall ensure that statutory requirements are fulfilled, except in cases when the master of the law is given an independent duty to ensure this. The company shall ensure that the conditions are right for all those who are working on board, have the opportunity to fulfill their obligations under the law.
Ministry may issue regulations containing further provisions on the company's duties under this provision.

§ 7. The company's duty to establish, implement and develop safety management company shall ensure to establish, implement and further develop a documentable and verifiable safety management system in the company's organization and the individual ship, to identify and control risk and ensure compliance the requirements established pursuant to law or in the safety management system itself. Safety Management System content, scope and documentation shall be adapted to the needs of the company and its activities.
The company shall ensure that the master and other persons working on board is allowed to participate in the establishment, implementation and development of the safety management system.
Ministry may issue further regulations on the requirements for safety management systems, including whether:

A)
content, scope and documentation,

B)
safety management certificates for ships,

C)
certificates of safety management for companies,

D)
allowed to waive the requirement for a safety management system for certain ships and the right to deviate subsections where necessary as a result of the implementation of the EEA Agreement.

§ 8. Duty to cooperate for the master and other persons working on board The master shall cooperate in the establishment, implementation and development of the safety management system in accordance with § 7, and will further contribute to the safety management system is complied with and works as intended.
Other persons working on board shall so far is part of their job, contribute to the safety management system is complied with.
Ministry may issue regulations on the duty to cooperate, including the right to deviate subsections where necessary as a result of the implementation of the EEA Agreement.

Chapter 3. Technical and operational safety

§ 9. Technical safety A ship shall be designed, constructed and equipped in such a way that it according to its purpose and trade area provides adequate security for life and health, property and the environment.
Ministry may issue regulations on how a ship shall be designed, built and equipped to meet the requirements of the first paragraph, including:

A)
hull strength and watertight integrity,

B)
stability and buoyancy,

C)
machinery and electrical installations,

D)
fire,

E)
navigation equipment,

F)
communications equipment,

G)
rescue funds.

§ 10. Measurement of ships A ship shall be measured and equipped with a tonnage certificate.
Ministry may issue regulations on measurement, including whether:

A)
which ships are subject to compulsory measurement,

B)
ommåling,

C)
who is responsible for the measurement,

D)
tonnage certificate and other documentation regarding measurement

E)
recognition of foreign tonnage.

§ 11. Operation and maintenance A ship shall be operated and maintained in such a way that it according to its purpose and trade area it is intended for, adequate security for life and health, property and the environment.
Ministry may issue regulations containing further provisions on how a ship will be operated and maintained to meet the requirements of subsection.


§ 12. Cargo and ballast A ship shall be loaded and ballasted in such a way that the stability and buoyancy are not endangered, and so that safety of life and health, property and the environment is not jeopardized otherwise. The Ministry may issue regulations with further provisions concerning cargo and ballast, including the dangerous cargo, securing cargo, freeboard and load line marks.
Loading and unloading shall take place in such a way that life and health, property and the environment is not threatened. The Ministry may issue regulations regarding loading and unloading, including the loading and unloading facilities.

§ 13. Certificates Ministry may issue regulations requiring that the ship must have certificates issued by the supervisory authority or the Ministry decides, as evidence that the ship at issue satisfies the requirements established under the Act.
Certificates may contain special conditions, and shall at all times be available on board.
Ministry may issue regulations on requirements for certificates, including whether:

A)
what certificates a ship shall be fitted with,

B)
issuance, validity and conditions,

C)
right to deviate from the requirements of subsections,

D)
recognition of foreign certificates.

§ 14. Navigation A ship shall be navigated so as to avoid danger to life and health, environment or material goods.
Ministry may issue regulations on requirements for safe navigation, including whether:

A)
seaborne rules

B)
use of navigational aids,

C)
ship books and other ship's papers,

D)
measures where the ship or another ship is in distress,

E)
measures to safeguard the ship of war, threat of war or similar circumstances.

§ 15. Manning and Watchkeeping A ship shall be staffed in a safe manner.
The watchkeeping on board shall be sufficient to maintain safe navigation and other operating and safety procedures.
Ministry may issue further regulations on the requirements for staffing and security.

§ 16. Qualification requirements and personal certificates The persons working on board must have the qualifications and certificates required for the current position or the work to be performed. The certificate must show that the necessary requirements were met by issuance, including requirements for age, service, health, education, language and training for the position.
Ministry may issue regulations with further provisions on positions requiring certificate and qualifications, including provisions on:

A)
issuance and grading certificates,

B)
necessary documentation

C)
recognition of foreign certificates,

D)
qualification control

E)
right to revoke certificates,

F)
right to deviate from the requirements under subsection

G)
muster.

§ 17. Health requirements who work on board must be physically and mentally fit for the service and not pose a danger to others on board. The employee shall present medical certificate attesting that the conditions in the first sentence are met, and are obliged to be examined by a doctor when the master finds reason to claim it.
Ministry may issue further regulations on the requirements of the first paragraph to the physical and mental fitness, health certificate and medical examinations, including whether:

A)
minimum requirements for health, vision and hearing for various positions,

B)
health certificate

C)
approval of doctors,

D)
Appeals,

E)
reporting of occupational injuries and diseases,

F)
right to deviate from the requirements under subsection.

§ 18. Minimum age The persons working on board must have at least 16 years. The Ministry may issue regulations on minimum, including whether:

A)
higher minimum certain trade areas, ships and positions

B)
special conditions for people between 16 and 18 can serve on board, and special protective measures for these,

C)
right to deviate from the requirements under subsection.

§ 19. MASTER'S obligations under this chapter The master shall ensure that:

A)
ship is loaded and ballasted in a safe and proper manner and that the loading and unloading of the vessel is safely, cf. § 12, the Maritime § 131, first paragraph and regulations issued pursuant to the provisions | ||
B)
navigation of the ship and keeping of ship's books made in accordance with § 14, cf.. Maritime Code §§ 132 and 133 and regulations issued pursuant to the provisions

C)
patrol aboard done safely, cf. § 15, second paragraph and regulations issued pursuant to the provision,

D)

Other persons working on board by accession or by assignment of tasks gain the necessary knowledge about the ship, about their duties on basic environmental and safety regulations and measures at a marine casualty.

The master shall cooperate to that:

A)
operation and maintenance of the ship at all times carried out safely, cf. § 11 and regulations issued pursuant to the provision,

B)
ship has the certificates required, ref. § 13 and regulations issued pursuant to the provision,

C)
manning of the ship out safely, cf. § 15 first paragraph and the Maritime Code § 131, first paragraph, and regulations issued pursuant to the provisions

D)
person himself and other persons working on board is appropriately qualified and have a valid health certificate, cf. § 16 and § 17 and regulations issued pursuant to the provisions.

Ministry may issue further regulations on the requirements in subsections regarding the master.

§ 20. Duties under this chapter for other persons working on board Others who are working on board, to the extent it is part of their job, contribute to:

A)
operation and maintenance of the ship at all times carried out safely, cf. § 11 and regulations issued pursuant to the provision,

B)
ship is loaded and ballasted in a safe and proper manner and that the loading and unloading of the vessel is safely, cf. § 12 and regulations issued pursuant to the provision,

C)
navigation of the ship takes place in a safe manner and that the keeping of ship's books is done correctly, cf. § 14 and regulations issued pursuant to the provision,

D)
patrol aboard done safely, cf. § 15, second paragraph and regulations issued pursuant to the provision,

E)
they are duly qualified and have a valid health certificate, cf. § 16 and § 17 and regulations issued pursuant to the provisions.

Ministry may issue further regulations on the requirements of the first paragraph to other persons working on board.

Chapter 4. Working and personal security

§ 21. Safety devices and equipment A ship should have the necessary facilities and equipment and the adoption of such safety measures and other precautions necessary to avoid or reduce the risk to life and health and to ensure a satisfactory working environment for those who have their working on board.
Ministry may issue further regulations concerning the requirements of the first paragraph, including:

A)
lighting,

B)
climate,

C)
pollution

D)
physical factors,

E)
escape routes,

F)
protective and safety devices.

§ 22. Preparation and execution of work on board The work on board must be organized and performed so that the life, health and working environment are addressed in an appropriate and timely manner. When arranging regard shall be had to the individual's qualifications to perform the work in a way that can be done safely.
Ministry may issue regulations containing further provisions on the requirements under subsection to avoid or reduce occupational hazards or to ensure a satisfactory working environment, including whether:

A)
identification of hazards and implementation of appropriate measures,

B)
necessary measures for training and practice and training of those working on board,

C)
availability of appropriate safety and protective equipment,

D)
duty to inform and discuss occupational hazards and safety of those working on board,

E)
adaptation of working conditions for those working on board to allow for variation, for professional and personal development and self-determination,

F)
necessary information, participation and competence during restructuring processes,

G)
measures to ensure a good psychosocial working environment,

H)
obligation to collaborate with others on the working environment on board

I)
obligation to facilitate notification.

§ 22 a. Certificate of working and living conditions, a ship shall carry a certificate for working and living conditions as evidence that the ship at the time of issuance satisfy requirements for working and living conditions established by or pursuant to this Act and ship work law.
The certificate issued by the supervisory authority or the Ministry determines and shall at all times be available on board. The certificate may contain special conditions.
Ministry may issue regulations on requirements for the certificate, including whether:

A)
which ships must be equipped with a certificate,

B)
issuance, validity and conditions,

C)
declaration of conformity with the relevant conventions for ships and fishing vessels,

D)

Right to deviate from the requirements of subsections,

E)
recognition of foreign certificates.

§ 23. Working hours Ordinary working hours shall be eight hours a day, with one day's rest each week and rest on public holidays.
Ministry may issue regulations on working hours, including exemptions from the provisions of subsection either generally or for certain positions and whether additional work due to safety issues.

§ 24. Sleep Time rest period shall be at least 10 hours during any 24 hour period and 77 hours in any period of 168 hours. Hours of rest may be divided into two periods, one of which shall be at least 6 hours. The interval between consecutive periods of rest must not exceed 14 hours.
The provisions of the first paragraph does not apply to emergency or work resulting from exhibitions or exercises required by or pursuant to law. The provisions of subsection does not apply for watchkeeping personnel or personnel who have specific tasks related to security, emergency or pollution prevention at work as a result of overriding operational conditions.
Exemptions from the provisions of the first paragraph may be laid down in binding collective agreement. In determining the consideration shall be given to seafarers' health and safety, including the need for rest.
For seafarers contained navigational watch or machine guard, or who have specific tasks related to security, emergency or the prevention of pollution, it can in a collective agreement only exemptions from the first paragraph the following conditions:

A)
The weekly rest period may be reduced to 70 hours in periods of up to two weeks in duration. The period between two exceptions periods shall be at least twice as far as the exemption period.

B)
For up to two days per week, the daily rest time divided into up to three periods one of which must be at least six hours, and none of the other two less than one hour. The period between two consecutive rest periods shall not exceed 14 hours.

For personnel on passenger ships with a shift system in trade areas 1 and 2, the supervisory authority provide exceptions from the first paragraph beyond the limitations mentioned in the fourth paragraph. It may set further conditions for the exception, and it shall be a reasoned opinion from affected seafarer and shipowner organizations before exceptions determined.
Ministry may issue regulations on rest time, including exceptions from the first paragraph of personnel on fishing vessels.

§ 25. Residential and recreational Those working on board shall have satisfactory living and recreational environment. There must be sufficient cabins, recreation, dining, room to prepare food, room for personal hygiene and infirmary. All rooms must be sufficiently large and furnished and equipped so that a proper working environment.
Ministry may issue further regulations on the requirements of the first paragraph, taking into account how many working on board and the ship's size, construction, trade and other matters.

§ 26. Board Those who work on board, to get good and sufficient cost that shall be in accordance with Law 19 December 2003 no. 124 of food production and food safety. (Food Act) and regulations issued pursuant thereto.
Ministry may issue further regulations on the requirements of the first paragraph, including the requirement for provision cooling and freezing.

§ 27. Drugs and the right to treatment of sick A ship shall be equipped with medicines and other necessary to treat the sick and injured and to the prevention of illness on board.
Sick and injured may where necessary be dealt with.
Ministry may issue further regulations on the requirements of subsections, including about who can perform the treatment.

§ 28. Safety representatives and working on ships shall be organized safety and environmental work. Through their elected safety representatives and among those working on board, and created a working environment.
Ministry may issue regulations on safety and environmental objectives, including whether:

A)
safety representative duties and rights;

B)
working environment composition and duties,

C)
coordination of safety and environmental work

D)
Notwithstanding subsection for certain ships.

§ 28 a. The employer's obligations under this chapter Is employer other than the shipowner, the competent help ensure that the ship has a fully satisfactory working under the provisions of this Chapter.
Ministry may issue further regulations on the requirements imposed on the employer under the first paragraph, including the obligation to collaborate with others on the working environment on board.

§ 29. MASTER'S obligations under this chapter The master shall ensure that:

A.

Shipboard work is arranged so that it can be carried out safely and that the requirements for working environment is ensured, ref. § 22 and regulations issued pursuant to the provision,

B)
the stipulated rest period observed, ref. § 24 and regulations issued pursuant to the provision.

The master shall cooperate to that:

A)
ship has the necessary facilities and equipment and that it is taken necessary security measures and other measures to ensure life, health and a satisfactory working environment for those working on board, ref. § 21 and regulations issued pursuant to the provision,

B)
residential and recreational and catering are in accordance with §§ 25 and 26 and regulations issued pursuant to the provisions

C)
ship is equipped with the necessary drugs, etc., Ref. § 27 and regulations issued pursuant to the provision,

D)
safety and environmental work on board is organized and implemented in a proper manner, cf. § 28 and regulations issued pursuant to the provision.

Ministry may issue further regulations concerning the requirements for the master after the first and second paragraphs.

§ 30. Duties under this chapter for other persons working on board Others who are working on board, to the extent it is part of their job, contribute to:

A)
be taken necessary security measures to ensure the life and health of those working on board, ref. § 21 first paragraph and regulations issued pursuant to the provision,

B)
shipboard work should be organized so that it can be carried out safely and that the requirements for working environment is ensured, ref. § 22 and regulations issued pursuant to the provision,

C)
safety and environmental work carried out in a proper manner, cf. § 28 and regulations issued pursuant to the provision.

Ministry may issue regulations containing further provisions on the requirements of the first paragraph to other persons working on board.

Chapter 5. Environmental security

§ 31. Prohibition against pollution Pollution of the environment by discharge or dumping from ships, or by incineration of hazardous or otherwise in connection with the operation of the ship is prohibited, unless otherwise stipulated by law or regulation laid down pursuant to law.
Prohibition of discharges or dumping determined pursuant to this section shall not apply:

A)
discharge of harmful substances or dumping which is necessary for ship safety, its occupants health or to save lives, or

B)
discharge of harmful substances or dumping caused damage to the ship, when all reasonable precautions have been taken before and after the accident to prevent or minimize the discharge.

This chapter and regulations issued pursuant to it, shall not apply to pollution that is solely due to the exploration, exploitation and utilization at sea of ​​submarine natural resources.
Ministry may issue regulations concerning what should be considered:

A)
harmful substances, including organisms

B)
emissions

C)
dumping

D)
combustion.

§ 32. Technical environmental safety A ship shall be designed, constructed and equipped so that no contamination of the environment from the ship contrary to § 31
Ministry may issue regulations containing further requirements as to how a ship shall be designed, built and equipped to avoid contamination.

§ 33. The operation of the ship operation of a ship shall be designed and implemented so that it does not happen pollution of the environment from the ship contrary to § 31
Ministry may issue regulations with further demands on how a ship shall be operated to prevent contamination, including whether:

A)
discharge, dumping and incineration,

B)
bunkers and bunkering,

C)
ballast handling

D)
environmental certificates,

E)
diary guiding the treatment of hazardous substances.

§ 34. Emergency preparedness, notification and reporting A ship shall have necessary preparedness, including contingency plans, in order to avert or possibly limit the effects of pollution on the environment from the ship.
Case of contamination or pollution, must be promptly notified of the incident and the measures that are or will be taken to prevent or minimize the effects. A subsequent report on the accident is to be submitted to the authorities.
Ministry may issue further regulations on the requirements of subsections, including whether:

A)
the preparedness ship should have,

B)
what a contingency plan should contain,

C)
how and to whom notification and reporting must occur

D)
exemptions from the provisions of the first paragraph for certain ships.


§ 35. Delivery of harmful substances to reception A ship shall deliver harmful substances to special reception countries, insofar as such substances can not be handled properly on board or can be delivered to others for appropriate handling.
Ministry may issue further regulations concerning the requirements of the first paragraph, including the notification.

§ 36. Ships which are finally taken out of service A ship is finally taken out of service shall be handled in a proper manner so that there is no risk to life, health or environment.
Ministry may issue further regulations concerning the requirements of the first paragraph, including the notification and removal of harmful substances on board.

§ 37. MASTER'S obligations under this chapter The master shall ensure that:

A)
it immediately notified about pollution or the risk of contamination and implemented reasonable measures to prevent such contamination or limit the impact of it, and that the subsequent report submitted, cf. § 34, second paragraph and regulations issued pursuant to the provision,

B)
harmful substances are handled in accordance with § 35 and regulations issued pursuant to the provision.

C)
diaries mentioned in § 33 subsection e recognized correctly.

The master shall cooperate to that:

A)
ship fittings are suitable to prevent contamination, ref. § 32 and regulations issued pursuant to the provision,

B)
operation of the ship is arranged and carried out so as to prevent pollution, cf. § 33 and regulations issued pursuant to the provision,

C)
ship has the necessary preparedness to prevent or limit pollution from the ship, ref. § 34 first paragraph and regulations issued pursuant to the provision.

Ministry may issue further regulations on the requirements for the master in subsections.

§ 38. Duties under this chapter for other persons working on board Others who are working on board, to the extent it is part of their job, contribute to the operation of the ship is arranged and carried out so as to prevent pollution, cf. § 33 and regulations issued pursuant to the provision.
Ministry may issue further regulations on the requirements of the first paragraph to other persons working on board.

Chapter 6. Protective security measures

§ 39. Preventive measures against attacks etc. the ship shall be taken to prevent and protect the ship against terrorism, piracy, stowaways and other illegal acts.
Those working on board shall be provided with an identification document.
Ministry may issue regulations containing further provisions on the requirements for protective security measures on ships, including whether:

A)
which ships should be covered by the rules,

B)
obligation to conduct a vulnerability assessment,

C)
obligation to have an approved security plan for ship

D)
obligation to designate and train special personnel responsible for protective security readiness of the ship and the shipping company,

E)
terror alarm on the ship

F)
control of persons and objects, or to be on board the ship,

G)
issuance and form of identification documents,

H)
protective security readiness certificates.

§ 40. Use of force when it is necessary to prevent or protect against acts mentioned in § 39, first paragraph, of the ship implemented measures and force may be used.
In other situations where this is necessary to maintain peace and order on board, may be used measures and force mentioned in the first paragraph, as far as they are proportionate.
The right to take action and apply force incumbent on the master. Any person on board is obliged to provide help and respect the measures taken.
Ministry may issue regulations on the use of measures and instruments of power in accordance with subsections.

Chapter 7. Audit

§ 41. Supervisory authority King determines who will have supervisory authority under the law.
Ministry may enter into an agreement with one or more classification that the supervisory authority can be entrusted to the institution concerned. The agreement shall regulate the scope and terms of such delegation.
Ministry may issue regulations or conclude agreements that supervisory or regulatory authority in individual cases or in specific areas may be entrusted to private or foreign or international authorities.

§ 42. Supervision of Safety Management System should be supervised by a safety management system, cf. § 7. The audit may include the following elements:

A)
system audit of documentation confirming that the company has established necessary and appropriate systematic measures,

B)

Verification of systematic measures under letter a is present and functioning in practice and that the activity in respect of such measures are consistent with the requirements laid down in law and regulations.

Authority under subsection can be done through interviews with management and staff at different levels in the company, by inspections or other appropriate means.
Ministry may issue further regulations concerning the implementation of the supervision of safety management system.

§ 43. Supervision of the Norwegian ship should be supervised by Norwegian ships, including the working conditions and working environment for those who work on board.
Ministry may issue regulations providing that supervision should not take place in whole or in part, unless Norway's international obligations preclude such an exemption.
Authority under the first and second paragraphs may include circumstances mentioned in ships Labour Code and in Chapter 3, 4, 5 and 6 of this Act and shall have the purpose of ascertaining whether the requirements set in or pursuant to these laws have been met.
The company is obliged to request supervision under subsection when this is necessary to meet requirements in or pursuant ships Labour Code or this Act.
Ministry may issue regulations on supervision, including whether:

A.
Frequency, content and scope, including inspection,

B.
Practical implementation, including inspection,

C.
Right for the persons working on board to require supervision, including inspection.

§ 44. Supervision of foreign ships may be made supervision of foreign ships, including the working conditions and working environment for those who work on board.
Ministry may issue regulations containing further provisions relating to such supervision, including whether:

A)
frequency, content and scope of the audit,

B)
the practical implementation of the audit.

§ 45. Obligation to participate in the supervision company, employer, master and other persons working on board shall participate in the supervision pursuant to this chapter, and shall include:

A.
Provide all information necessary for exercising supervision,

B.
Distribute ship books, reports, drawings and other material.

Duty to participate, as mentioned in the first paragraph is also incumbent on others, as far as participation is not in violation of their confidentiality obligations under law or contract.
Supervisory authority shall at all times have access to the ship and shipping companies and employers offices.
Ministry may issue regulations containing further provisions on the content, scope and implementation of participation and the Authority access to the ship and shipping companies and employers offices.

§ 46. Duty to assist The company, the employer and the master shall assist foreign and international supervisory authorities in a manner and to an extent which follows from Norway's obligations under international law.
Ministry may issue regulations concerning assistance under the first paragraph.

§ 47. The company's notification and reporting company shall notify the supervisory authorities when it has agreed:

A)
shipbuilding,

B)
reconstruction of ships,

C)
buying ships.

The company or the master shall give the authority the King decides message and report the injury or illness that affects the persons working on board. Due to injury an accident or shipping accident covered by the rules on maritime accidents in Chapter 18 Section II of the Law of 24 June 1994 no. 39 on maritime (Maritime Code), notification and report on the damage done by rules issued in or pursuant to the Maritime Code § 475.
the company shall also report on other matters of importance for the supervisory authority to be aware of, including safety and environmental work.
Ministry may issue regulations concerning notification and reporting pursuant to this section.

§ 48. Fees Supervision Authority expenses for inspection, certificate issuance, measurement and the like may be claimed from the company or by the person who requests the service through fees. Fee established pursuant to subsection is enforceable by execution.
Ministry may issue further regulations on fees and the recovery thereof.

Chapter 8. Administrative measures

§ 49. Imposition of measures If requirements provided by law or regulation is not complied with, the supervisory authority may order the company or employer to implement necessary measures within a specified deadline.
If orders are not complied with within the stipulated deadline, action is taken as mentioned in § 50 to § 54
Ministry may issue regulations containing further provisions on the company's and the employer's obligation to implement measures under the first paragraph.


§ 50. Coercive fines If the company or any employer has not complied with an order pursuant to § 49 within the prescribed period, the supervisory authority may impose fines in order to ensure that the order is complied. The decision about fines shall set a new deadline in order to comply in accordance with § 49, so that the levying of the fine if the order is not complied with by this new deadline.
The fine may be imposed as a single amount or as a continuous fine. In determining the coercive fine shall inter alia emphasized the importance of rights and respect of safety, environment and work environment that order is to address and the costs of compliance with the order.
Coercive accrue to the Treasury. The supervisory authority may, when strong interest, reduce or waive fines.
Ministry may issue regulations with further provisions on fines, including the coercive fine and duration.

§ 51. Withdrawal of certificates If the company or the employer does not comply with an order pursuant to § 49 or pay fees according to § 48 within the set deadline, the supervisory authority may revoke the relevant certificates.
Ministry may issue regulations containing further provisions on the withdrawal of certificates.

§ 52. Coercive measures in relation ship supervisory authority may prohibit a ship from leaving port or order it to port or stipulate other necessary measures in respect of the ship, if necessary by force, within the limits imposed by international law, provided that: | ||
A)
ship does not meet the requirements of law or regulation to technical, operational or environmental safety or the working environment and personal security, and the shortcomings clearly constitutes a danger to the interests which he claims are set to protect, || |
B)
there are serious breaches of the ship work law or regulations issued pursuant thereto,

C)
ship has necessary certificates,

D)
company or anyone in its service prevents the supervisory authorities to board the ship to conduct inspections that are not complied with by § 45.

Decisions pursuant to subsection shall include the orders that ship must comply with the prohibitions, orders or other measures as mentioned in the first paragraph may be repealed or amended. If the supervisory authority has ordered as mentioned in the first sentence, and this is not complied with, the supervisory authority may, if necessary, arrangements for the order the company's expense and risk.
Ministry may issue further regulations concerning the decision as mentioned in the first paragraph, including the orders the ship must comply and the conditions for use of force and the enforcement of orders at the company's expense and risk.

§ 53. Suspension and boarding of ships in service when there is reason to suspect that the ship has violated the relevant international regulations or requirements imposed by or pursuant to law or regulations applicable to the ship, ref. § 3 , the supervisory authority within the limits imposed by international law, stop and board the ship at speed for inspection in order to investigate the relationship further, if necessary by force. The Ministry may issue regulations with further provisions concerning surveys as mentioned in the first sentence, including when such inspection may be performed and the conditions for use of force.

§ 54. Denial of access to Norwegian territorial waters to foreign ships Does not a foreign ship the demands placed on it by relevant international regulations, laws or regulations, it may be denied access to Norwegian territorial waters.
Ministry may issue regulations implementing the first paragraph, including provisions relating to refusal of access to Norwegian ports based on earlier detentions, conditions at the ship's flag state and other safety issues.

Chapter 9. Administrative sanctions

§ 55. Violation charges supervisory authority may impose administrative sanctions (violation penalties) as the one on behalf of the company, willfully or negligently violates provisions made in or pursuant to §§ 6, 9, 11, 12, 13, § 15, first paragraph, § 16, §§ 21, 22, 24 or §§ 32 to 36.
supervisory authority may impose administrative fines on a master who, in breach of their duties pursuant to §§ 19, 29 and 37, willfully or negligently violates provisions made in or pursuant to § 12, § 14, § 15, second paragraph, § 16, § 22, § 24 or §§ 32 to 35.
supervisory authority may also impose a penalty to other persons working on board who, in violation with its obligations under the provisions given in or pursuant to § 20 subsection c, d and e and § 38, willfully or negligently violates provisions made in or pursuant to § 14, § 15, second paragraph, § 16 or § 33.

Violation fines may be imposed on fixed rates or metered in each case. Where it should be applied to fixed rates, they must be stated in the regulations issued pursuant thereto. If it is not to be applied to fixed rates, shall by regulation specify the factors particularly to be emphasized at sentencing, and to stipulate a maximum. The time limit for violation fines is four weeks from the decision was made.
Ministry may issue further regulations on the imposition of a penalty, including whether:

A)
fixed rates for violation fines;

B)
which aspects that should be emphasized when determining when it is not used fixed rates, and maximum amounts for such cases,

C)
allowed in the individual to establish a shorter time limit for compliance than in the fourth paragraph, or to postpone the deadline

D)
interest and surcharge if the violation fine is not paid when due.

§ 56. Violation charges against the owner if someone acting on behalf of the company, has contravened a provision referred to in § 55 subsections, the supervisory authority may impose shipowner fines. This applies even if the violation penalty not be imposed on individual.
In deciding whether the company should be subject to administrative fines and in assessing the fine should be particularly emphasized:

A)
how serious the offense is,

B)
about the company, via SMS or by instruction, training, inspection or other measures could have prevented the violation,

C)
whether the offense is committed to promote the company's interests,

D)
about company has had or could have obtained some benefit in the contravention

E)
whether there is repetition,

F)
company's financial ability.

The company is also jointly and severally liable for the financial penalty imposed on the master or other persons working on board under provisions made in or pursuant to § 55.
Ministry may issue regulations containing further provisions on administrative penalties against the company by the first and second joints and about the solidary responsibility under the third paragraph.

§ 57. Recovery of a penalty decision on administrative penalties are enforceable by execution.
To ensure payment of a penalty pursuant to §§ 55 and 56 as company, the master or other persons working on board is or is likely to be imposed, the supervisory authority may prohibit the ship to leave port, order it to go to the port or stipulate other appropriate measures until the violation charge is paid or sufficient security for payment. The supervisory authority may require the prior action under the first sentence ends, the company shall provide adequate security for or pay the costs of the measure.

Chapter 10. Criminal liability

§ 58. Violation of the company's duties in terms of Safety Management System fines or imprisonment up to two years may be imposed on that on behalf of the company, willfully or negligently fails to establish, implement and develop a safety management system in accordance with § 7 and regulations issued pursuant to the provision.

§ 59. Violation of the company's duties in terms of the technical and operational safety on board fines or imprisonment up to two years may be imposed on that on behalf of the company, willfully or through gross negligence:

A)
substantially violates provisions made in or pursuant to § 9, ref. § 6 of the engineering, construction and outfitting of the ship,

B)
substantially violates provisions made in or pursuant to § 11, ref. § 6 of the operation and maintenance of the ship,

C)
substantially violates provisions made in or pursuant to § 13 of the Act. § 6 of certificates

D)
substantially violates provisions made in or pursuant to § 15 first paragraph, cf.. § 6 of manning of the ship,

E)
substantially violates provisions made in or pursuant to § 16, ref. § 6 with the requirement to ensure and ensure that those working on board have the necessary qualifications and certificates.

§ 60. Violation of the master's duties in terms of the technical and operational safety on board fines or imprisonment up to two years is punishable master who willfully or negligently violates its obligations under the provisions given in or pursuant to § 19 subsection letter b to ensure that navigation of the vessel is safely or that the keeping of ship's books are conducted correctly in accordance with the requirements of § 14 regulations.
With fines or imprisonment up to one year is punishable master who willfully or negligently violates its obligations under the provisions given in or pursuant to § 19 subsection c to make sure the watch on board is safely pursuant to the requirements in § 15 subsection with regulations.

With fines or imprisonment up to one year is punishable master who intentionally or through gross negligence:

A)
substantially violates his duty under provisions made in or pursuant to § 19 first paragraph a to ensure that the ship is loaded and ballasted in a safe manner in accordance with the requirements of § 12 first paragraph with regulations,

B)
substantially violates his duty under provisions made in or pursuant to § 19, second paragraph a to contribute to the operation and maintenance of the ship at any time safely pursuant to the requirements of § 11 with regulations

C)
substantially violates his duty under provisions made in or pursuant to § 19 subsection d to contribute to the person himself and other persons working on board is appropriately qualified according to the requirements of § 16 regulations.

§ 61. Violation of obligations to other persons working on board when it comes to the technical and operational safety on board fines or imprisonment up to 2 years punished other persons working on board who willfully or negligently violates his duty under § 20 subsection c, to contribute to the navigation of the vessel is safely or that the keeping of ship's books are conducted correctly in accordance with the requirements of § 14 regulations.
With fines or imprisonment up to 1 year punished other persons working on board who willfully or negligently violates his duty under § 20 subsection d to contribute to the guard on board is safely pursuant to the requirements of § 15, second paragraph with regulations.
With fines or imprisonment up to 1 year punished other persons working on board who willfully or through gross negligence:

A)
substantially violates his duty under provisions made in or pursuant to § 20 first paragraph a to contribute to the operation and maintenance of the ship at any time safely pursuant to the requirements of § 11 with regulations

B)
substantially violates his duty under provisions made in or pursuant to § 20 subsection b to help ensure that the ship is loaded and ballasted in a safe manner in accordance with the requirements of § 12 first paragraph with regulations,

C)
substantially violates his duty under provisions made in or pursuant to § 20 subsection e to participate to be duly qualified in accordance with the requirements of § 16 regulations.

§ 62. Violation of the company's duties when it comes to personal safety on board fines or imprisonment up to one year may be imposed on that on behalf of the company, willfully or through gross negligence:

A)
substantially violates provisions made in or pursuant to § 21, ref. § 6 with requirements for facilities, equipment and safety measures on board the ship,

B)
substantially violates provisions made in or pursuant to § 22, ref. § 6 with requirements concerning the organization and execution of work on board and the safeguarding of the psychosocial work environment.

Penalties Anyone who on behalf of the company, willfully or grossly negligently violates provisions made in or pursuant to § 6, ref. § 24 with a requirement to ensure that the rules on rest periods are observed.

§ 63. Violation of the master's duties when it comes to personal safety on board fines or imprisonment up to one year is punishable master who intentionally or grossly negligently violates his duty under provisions made in or pursuant to § 29 subsection a to ensure that work on board is arranged so that it can be carried out safely and preserve the psychosocial work environment in accordance with the requirements of § 22 regulations.
Fines may be imposed master who intentionally or grossly negligently violates his duty under provisions made in or pursuant to § 29 subsection b to ensure that the prescribed rest time adhered to the requirements of § 24 regulations.

§ 64. Violation of the company's duties in terms of environmental safety fines or imprisonment up to two years may be imposed on that on behalf of the company, willfully or grossly negligently violates provisions made in or pursuant to §§ 32 and 33, cf. . § 6 with requirements to technical safety and for the operation of the ship.

§ 65. Violation of the master's duties in terms of environmental safety fines or imprisonment up to two years is punishable master who intentionally or through gross negligence:

A)
substantially violates his duty under provisions made in or pursuant to § 37 first paragraph a to ensure that it carried notification measures and subsequent report by pollution in accordance with the requirements of § 34, second paragraph with regulations,

B)

Substantially violates his duty under provisions made in or pursuant to § 37 subsection b to contribute to the operation of the ship is planned and implemented in accordance with the requirements of § 33 with regulations, so that it does not happen pollution the external environment from the ship contrary to § 31

With fines or imprisonment up to one year is punishable master who intentionally or through gross negligence:

A)
substantially violates his duty under provisions made in or pursuant to § 37 subsection c to ensure correct entry in the journal, ref. § 33 second paragraph letter e with regulations

B)
substantially violates his duty under provisions made in or pursuant to § 37 paragraph a to help ensure that the ship is equipped in accordance with the requirements of § 32 of regulations so that no contamination the external environment from the ship contrary to § 31

§ 66. Violation of obligations to other persons working on board in terms of environmental safety fines or imprisonment up to 1 year punished other persons working on board who willfully or through gross negligence substantially violates his duty under provisions made in or pursuant to § 38 to contribute to the operation of the ship is planned and implemented in accordance with § 33 of regulations, so that it does not happen pollution of the environment from the ship contrary to § 31

§ 67. Breach of the company and the master's duty to comply with the Financial Regulator's decision with fines or imprisonment up to 1 year punished a shipmaster or the person on behalf of the company, willfully fail to follow the supervisory authority's decision under provisions made in or pursuant to §§ 52 and 53.

§ 68. Criminal liability for the non-public servant Used in exercising supervision persons who are not public officials apply to these same criminal liability of public officials under the Penal Code.

§ 69. General Provisions In assessing whether a violation of the provisions of this chapter is essential, particular emphasis is placed on the infringement scale and effects and the degree of guilt.
If someone other than the person to be the company in accordance with § 4 reality attends to operational functions of the ship, the provisions of §§ 58, 59, 62, 64, 67 and 70 shall apply correspondingly.
Imprisonment can not be used when the infringement in accordance with international law only punishable by fines.
The provisions of this chapter shall not apply if the violation is subject to a stricter penal provision.

§ 70. Collection of fines or corporate penalties In order to ensure payment of fines in accordance with this chapter or corporate penalties under the Criminal Code § 27 that company, the master or other persons working on board is or is likely to be imposed, the court may on application from prosecutors decide to prohibit the ship to leave port, order it to port or stipulate other necessary measures, until the fine or undertakings penalty is paid or sufficient security for payment.
Request of the prosecution, the court may also decide that the company shall provide adequate security for or pay the expenses connected with measures determined under subsection before the measure is terminated.

Chapter 11. Other provisions

§ 71. marine insurers confidentiality Notwithstanding secrecy imposed by the law of 10 June 2005 no. 44 on insurance companies, pension companies and their activities etc.. § 1-6, insurance companies are permitted to disclose information that is directly relevant to the safety of ships insured by that company, to other insurers and classification societies, international insurance and maritime organizations or Norwegian and foreign maritime authorities. The first sentence applies correspondingly to ships that have been insured by that company over the last three years prior to the date requested disclosure of information or the date the insurance company over the information without prior request.
The insurance company is obliged to send the policyholder a copy of the information disclosed pursuant to subsection. If the information is given orally, it is sufficient to notify the assured that such information is given and to whom the information was given.

§ 71a. The right to submit an appeal and protection against reprisals for the right to submit an appeal apply the provisions in or pursuant to ship work Act § 9-7.

§ 72. Commencement This Act applies from the King decides, 1 unless otherwise prescribed by the provisions in the second paragraph. The King may bring into force individual provisions at different times.

Amendment to § 74, second paragraph. 8 of the Act 24 June 1994 no. 39 on shipping § 475 takes effect from the date the Act on January 7, 2005 no. 2 amending the Law of 24 June 1994 no. 39 about shipping (Maritime Act) and certain other laws are put into force. From the same date of entry abolishment of the Act of 9 June 1903 No.. 7 relating to Public Control of the Seaworthiness of Ships, etc. § 4, first paragraph a, § 5 and §§ 17 to 23 in force.

§ 73. Transitional provisions Regulations issued pursuant to the laws and regulations that are repealed, cf. § 74 shall apply until otherwise decided.

§ 74. Repeal of and amendments to other Acts From the time the law comes into force following Acts are repealed:

1.
Act of 9 June 1903 No.. 7 relating to Public Control of the Seaworthiness of Ships, etc.

2.
Act of 19 June 1964 No.. 20 Measurement of Ships.

3.
Law 17 June 1966 No.. 2 about hovercrafts.

4.
Law 18 June 1971 No.. 90 about mustering of employees on ships etc.

5.
Law of 3 June 1977 no. 50 on working hours and rest periods on ships.

6.
Law on 5 June 1981. 42 for positions requiring certificate on Norwegian vessels, drilling vessels and other mobile offshore units

When this Act enters into force the following amendments to other Acts - - -
12. The amendments to the Act 24 June 1994 no. 39 on shipping § 11 third paragraph, third and fourth sentences of paragraph. 8 is repealed one year after entry into force.