Regulations on the counting and registration of persons on board passenger ships


Date FOR-1999-09-06-1047


Ministry of Industry and Ministry of Fisheries


Published Dept. In 1999 2364


Effective 01/10/1999, 01.01.2000

Edited

FOR 2015-06-23-731 from 01/07/2015

Changes
FOR 1991-03-15-152

For
Norway

Legal

LOV-2007-02-16-9-§2, LAW-2007-02-16-9-section 6, LAW-2007-02-16-9-§11, LAW-2007-02-16- 9-L-19, LAW-2007-02-16-9-§43, LAW-2007-02-16-9-L-45, TO-2007-02-16-171, TO-2007-05-31-590 .

Promulgated


Vocational
22/08/2003 (correction § 1)

Short Title
Regulations on passenger registration on ships

Adopted by the NMD on 6 September 1999 pursuant to the Act of 9 June 1903 No.. 7 relating to Public Control of the Seaworthiness of Ships, etc. Legal basis changed to the Act of 16 February 2007 No.. 9 on maritime safety (the Maritime Safety Act) § 2 § 6, § 11, § 19, § 43 and § 45; see. delegated decision of 16 February 2007 no. 171 and delegating decision on 31 May 2007 no. 590.
EEA information: EEA Annex XIII. 56e ( Directive 98/41 / EC).
Changes: Amended by regulations June 4, 2002 No.. 1000 (Regulations reproduced in its entirety by the changes), June 29, 2007 no. 1006, 23 June 2015 No.. 731.

§ 1 Scope These regulations apply to Norwegian passenger ships which are certified to carry more than 12 passengers in trade to or from ports in the European Economic Area. The regulations also apply to foreign passenger ship is operated to or from the Norwegian port.

§ 2. Definitions In this regulation means:

A)

Protected marine area, a sea area protected from wind and waves from the open sea where a ship is not no time more than 6 nautical mil from a place where shipwrecked could come ashore, and where nearby there of search and rescue services.

B)

Seagoing ships: Ships certified for trade area 3 or higher, or ships of Class D or higher.

C)

ISM Code: (International Management (ISM) Code): International Code for the Safe Operation of Ships and for Pollution Prevention, adopted by IMO by resolution A.741 (18) as amended.

D)

Persons on board: all on board, regardless of age.

E)

Passenger ship: A ship that can carry more than 12 passengers.

F)

Company's registry administrator: a person in a country, as a shipping company;

1.
Designated as responsible for fulfillment of obligations under the ISM Code, or

2.
Imposed responsibility for safeguarding information about persons on board a vessel belonging to the company.

G)

Regular service: a number of crossings by ships sailing between two or more ports, either

1.
After a published timetable, or

2.
With so regular or frequent crossings that they get a clear systematic character.

§ 3. (Repealed)

§ 4. Filing
(1) The company shall establish and maintain a system of land registration that ensures that the provisions of § 5 and § 6 observed.

(2) The Company shall appoint a registry responsible which shall be responsible for the storage and disclosure of records in the event of an emergency, or after an accident.

(3) The registration of Norwegian passenger ships shall be approved by the Norwegian Maritime Directorate. The registration of a passenger ship registered in a Member State shall be approved by the relevant flag state. The system must meet the following requirements:

A)

Readability: The information must be in an easily readable format.

B)

Availability: The information must be readily available for emergency services and other relevant authorities in connection with the rescue work.

C)

Convenience: The system should be designed so that it does not create unnecessary delays for passengers in connection with the embarkation or disembarkation.

D)

Safety: The information must be adequately protected against accidental or unlawful destruction, loss and the illegal alteration, disclosure or access.

(4) It should be avoided to use different registration systems on the same route or similar routes.

§ 5. Counting
(1) The master shall before departure ensure that all persons on board are counted, and that the ship did not have more people on board than the ship's certificate allows.


(2) The number of persons on board shall before departing notified to the master or officer in charge of the bridge. The number of persons on board shall before departure also reported to the company registry manager or the company's land registration system. For ships operating in regular service in trade area 2 or less where the crossing between individual ports does not exceed 60 minutes, it is still no requirement for a registry administrator or a land-based filing system.

§ 6. Registration
(1) On passenger ships engaged in site where the individual sections are at 20 nautical mil or more, the following information about all persons on board recorded:

A)
surname

B)
first name or initials

C)
gender

D)
age category (adult, child or infant), age or year of birth.

(2) If a passenger's request, the company ensure that the information necessary for special treatment or assistance in case of accidents recorded and communicated to the master prior to departure.

(3) The information referred to in the first paragraph shall be obtained prior to departure, and will be reported to the company registry manager or the company's land registration system, not later than 30 minutes after departure.

§ 7. Storage and release of records Information recorded under the provisions of § 5 and § 6, should be available for emergency services and other relevant authorities in connection with rescue work, but will otherwise be deleted within 24 hours ends.

§ 8. Dispensation
(1) The Administration may, upon application, exempt a passenger ship in regular service from the obligation to notify the number of persons on board with the company's registry administrator or the company's land registration system when the following conditions exist:

A)
passenger ship sails exclusively in a protected sea area.

B)
travel time between individual ports not last more than 60 minutes.

(2) The Administration may, upon application, exempt a passenger ship from the obligations set out in § 6 subsections, if the journey takes place exclusively in protected sea area, either between two ports or from and to the same port without calling at other ports.

(3) The Norwegian Maritime Directorate shall immediately inform the EFTA Surveillance Authority (ESA) on exemptions granted to seagoing passenger ships under this section. The notification shall be accompanied by a reasoned opinion.

(4) If the Authority finds that an exception is unjustified or may have adverse effects on competition, the ESA latest within six months require NMD modify or revoke the exemption.

(5) The Administration may, upon application by the shipowner ask ESA to fully or partially exempt a seagoing passenger ships in regular service from the obligations in § 6 when the ship exclusively sail on domestic voyages or between ports in two Member States, and the company can document that the following conditions are met:

A)
it is impractical for the company to record the information.

B)
probability that the wave height in the area exceeding two meters is less than 10% measured on an annual basis.

C)
length of the journey some stretches do not exceed about 30 nautical mil, or the main purpose of the route is to maintain regular connections to remote communities of common interest.

D)
area as a passenger ship sails in, is covered by land-based navigation, and reliable weather forecasts for the area are available.

E)
be adequately and sufficiently ettersøkings- and rescue apparatus in the area.

§ 9. (Repealed)

§ 10. Commencement etc. This regulation comes into force on 1 October 1999. As of the same date, the Regulations of 15 March 1991 no. 152 on the registration of persons on board passenger ships in international scheduled traffic.