MERCHANT SHIPPING (OFFICIAL LOG BOOK AND LIST OF CREW) REGULATIONS

Transcription

1 Merhant Shipping (Offiial Log Book and List of Crew) Regulation 1 MERCHANT SHIPPING (OFFICIAL LOG BOOK AND LIST OF CREW) REGULATIONS 2015 Index Regulation Page PART 1 INTRODUCTORY 2 1 Title Commenement Interpretation... 2 PART 2 OFFICIAL LOG BOOK 3 4 Exemption from the requirement to keep an offiial log book Responsibility of shipowner and master Format of offiial log book Entries in the offiial log book Opening and losing of offiial log book Loss of offiial log book... 4 PART 3 LIST OF CREW 5 10 Exemption from the requirement to make and maintain a list of rew Responsibility of shipowner and master Partiulars to be ontained in a list of rew Format, opening and losing of a list of rew... 6 PART 4 SUPPLEMENTARY 6 14 Provisions relating to offenes General exemption Consequential amendments Revoation... 7 SCHEDULE 8 CONSEQUENTIAL AMENDMENTS 8 SD2015/0387 Page 1

2 Regulation 1 Merhant Shipping (Offiial Log Book and List of Crew) Statutory Doument No. 2015/0387 Merhant Shipping At 1985 MERCHANT SHIPPING (OFFICIAL LOG BOOK AND LIST OF CREW) REGULATIONS 2015 Laid before Tynwald: 15 Deember 2015 Coming into Operation: 1 January 2016 The Department of Eonomi Development, having arried out the onsultation required by setion 1 and setion 2(2) of the Merhant Shipping At 1985, makes the following Regulations under setions 1 and 2 of that At. PART 1 INTRODUCTORY 1 Title These Regulations are the Merhant Shipping (Offiial Log Book and List of Crew). 2 Commenement These Regulations ome into operation on 1 January Interpretation In these Regulations IMO number means the 7 digit ship identifiation number assigned to a ship when onstruted; MSN means a Manx Shipping Notie issued by the Department and inludes any doument amending the same; offiial log book means an offiial log book published by the Department and inludes any doument annexed to the offiial log book; offiial number means the number issued to a ship under regulation 7(2) of the Merhant Shipping Registration Regulations , or for a ship registered under Part IV of the Merhant Shipping Registration At 1991 (the Demise Charter Register), the number issued to a ship under 1 SD689/96 Page 2 SD2015/0387

3 Merhant Shipping (Offiial Log Book and List of Crew) Regulation 4 regulation 7(2) of the Merhant Shipping (Demise Charter Register) Regulations ; seafarer means any person who is employed or engaged or works in any apaity on board a ship to whih these Regulations apply; seafarer s employment agreement means the agreement required by regulation 19 of the Merhant Shipping (Maritime Labour Convention) Regulations ; and shipowner means the owner of the ship or another organisation or person, suh as the manager, agent or bareboat harterer, who has assumed responsibility for the operation of the ship from the owner. PART 2 OFFICIAL LOG BOOK 4 Exemption from the requirement to keep an offiial log book The requirement in setion 51 of the Merhant Shipping (Masters and Seamen) At 1979 to keep an offiial log book in every ship registered in the Island does not apply to a () (d) (e) pleasure vessel; ship whih navigates exlusively within 60 nautial miles of the Island s oast; ship whih is owned and operated by the Government and used only on Government non-ommerial servie; ship of traditional build suh as a dhow or junk; or warship or naval auxiliary. 5 Responsibility of shipowner and master (1) It is the responsibility of the shipowner and the master of a ship to ensure an offiial log book is maintained in aordane with the requirements of these Regulations. (2) A shipowner or master who fails to omply with paragraph (1) ommits an offene and is liable on onvition on information, to ustody for not more than 2 years, a fine, or both; on summary onvition, to a fine not exeeding 5, GC394/91 3 SD0234/13 SD2015/0387 Page 3

4 Regulation 6 Merhant Shipping (Offiial Log Book and List of Crew) 6 Format of offiial log book An offiial log book must be in the format speified in MSN Entries in the offiial log book (1) Entries in the offiial log book must be made in aordane with the requirements of MSN004. (2) No person shall make an entry in the offiial log book whih he or she knows or has reason to believe is false, inaurate or inomplete. (3) No person shall wilfully destroy or mutilate or render illegible any entry in the offiial log book. (4) Any person who ontravenes paragraphs (2) or (3) ommits an offene and is liable on onvition on information, to ustody for not more than 2 years, a fine, or both; on summary onvition, to a fine not exeeding 5, Opening and losing of offiial log book (1) Only one offiial log book may be open at any one time. (2) The offiial log book must be losed if the period of time speified in MSN004 has elapsed from the date of opening the offiial log book. (3) It is the responsibility of the master and the shipowner to ensure the offiial log book is delivered upon demand to the Department and in any ase within 3 months of its losure. (4) A shipowner or master who fails to omply with paragraph (3) ommits an offene and is liable on onvition on information, to ustody for not more than 2 years, a fine, or both; on summary onvition, to a fine not exeeding 5, Loss of offiial log book (1) If the offiial log book, or any part of an offiial log book is lost the master must () open a new offiial log book; make a statement in the new offiial log book desribing the irumstanes of the loss of the offiial log book, or part thereof and any steps taken for its reovery; and inform the Department as soon as is pratiable. Page 4 SD2015/0387

5 Merhant Shipping (Offiial Log Book and List of Crew) Regulation 10 (2) The statement referred to paragraph (1) must be signed by the master and by an offier. PART 3 LIST OF CREW 10 Exemption from the requirement to make and maintain a list of rew The requirement in setion 52 of the Merhant Shipping (Masters and Seamen) At 1979 to make and maintain a list of rew in every ship registered in the Island does not apply to a () (d) ship whih navigates exlusively within 60 nautial miles of the Island s oast; ship whih is owned and operated by the Government and used only on Government non-ommerial servie; ship of traditional build suh as a dhow or junk; or warship or naval auxiliary. 11 Responsibility of shipowner and master (1) It is the responsibility of the shipowner and the master of a ship to ensure a list of rew ontains the partiulars speified in regulation 12. (2) A shipowner or master who fails to omply with paragraph (1) ommits an offene and is liable on onvition on information, to ustody for not more than 2 years, a fine, or both; on summary onvition, to a fine not exeeding 5, Partiulars to be ontained in a list of rew (1) A list of rew must ontain the following partiulars of the ship () name; port of registry; and IMO number, or for ships whih do not have an IMO number the ships offiial number. (2) Subjet to paragraph (3), a list of rew must ontain the following partiulars for eah seafarer on board the ship () name and address; date of joining the ship; name and relationship of next of kin and address of next of kin if different from the seafarer; SD2015/0387 Page 5

6 Regulation 13 Merhant Shipping (Offiial Log Book and List of Crew) (d) (e) apaity on board the ship; and date and plae the seafarer left the ship and the reason for leaving. (3) A passenger ship whih has regular rew hanges with rotational rew, may reord the date and plae when the seafarer s employment agreement is terminated instead of the information speified in paragraph 2(e). 13 Format, opening and losing of a list of rew (1) A list of rew may be made in the format speified in MSN004 or using any other format provided it ontains the information speified in regulation 12. (2) Only one list of rew may be open at any one time. (3) A list of rew must be opened, losed, and returned to the Department at the same time as the offiial log book. (4) It is the responsibility of the shipowner and master to produe a list of rew upon demand to the Department. (5) A shipowner or master who fails to omply with paragraph (4) ommits an offene and is liable on onvition on information, to ustody for not more than 2 years, a fine, or both; on summary onvition, to a fine not exeeding 5,000. PART 4 SUPPLEMENTARY 14 Provisions relating to offenes (1) It is a defene for a person harged under these Regulations to show that he or she took all reasonable steps to avoid the ommission of the offene. (2) If the ommission by any person of an offene under these Regulations is due to the at or default of some other person, that other person is guilty of the offene and a person may be harged with and onvited of the offene by virtue of this regulation whether or not proeedings are taken against the first-mentioned person. (3) If a body orporate is guilty of an offene under these Regulations, and that offene is proved to have been ommitted with the onsent or onnivane of, or to have been attributable to any neglet on the part of a diretor, manager, seretary or other similar offier of the body orporate, or any person who was purporting to at in any suh apaity, he or she, as well as the body orporate, is guilty of that offene and is liable to be proeeded against and punished aordingly. Page 6 SD2015/0387

7 Merhant Shipping (Offiial Log Book and List of Crew) Regulation 15 (4) If the affairs of a body orporate are managed by its members, paragraph (3) applies in relation to the ats and defaults of a member in onnetion with his or her funtions of management as if the member were a diretor of the body orporate. (5) For the purposes of this regulation, body orporate inludes a limited liability ompany onstituted under the Limited Liability Companies At 1996 and, in relation to that ompany, any referene to a diretor or other offier of a body orporate is a referene to a member and to the ompany s manager and registered agent. 15 General exemption (1) The Department may grant an exemption from speified provisions of these Regulations for individual ases or lasses of ships on suh terms (if any) as may be speified in the exemption, if ompliane with suh provision is either impratiable or unreasonable. (2) The exemption speified in paragraph (1) is only valid if it is in writing; and if any onditions stated in it are omplied with. 16 Consequential amendments The Shedule (onsequential amendments) has effet. 17 Revoation The Merhant Shipping (Offiial Log Books) Regulations are revoked. MADE 26 November 2015 LAURENCE SKELLY Minister for Eonomi Development 4 GC363/92 SD2015/0387 Page 7

8 SCHEDULE Merhant Shipping (Offiial Log Book and List of Crew) SCHEDULE CONSEQUENTIAL AMENDMENTS REGULATION 16 1 Merhant Shipping (Demise Charter Register) Regulations (1) The Merhant Shipping (Demise Charter Register) Regulations 1991 are amended as follows. (2) In Shedule 2, Part II (from the table entitled appliation of subordinate legislation ) omit 363/92 Merhant Shipping (Offiial Log Books) Regulations 1992 The whole Regulations 2 Merhant Shipping At 1970 (Unregistered Ships) Regulations (1) The Merhant Shipping At 1970 (Unregistered Ships) Regulations 1991 are amended as follows. (2) In Shedule 1, Part II, from olumn 1 omit The Merhant Shipping (Offiial Log Book) Regulations Merhant Shipping (Crew Agreements, Lists of Crew and Disharge of Seamen) Regulations (1) The Merhant Shipping (Crew Agreements, List of Crew and Disharge of Seamen) Regulations 1991 are amended as follows. (2) Part II is omitted. 4 Merhant Shipping (Life-Saving Applianes) Regulations (1) The Merhant Shipping (Life-Saving Applianes) Regulations 1999 are amended as follows. 5 GC394/91 6 SI 1991 No.1366 as they apply to the Island by virtue of the Merhant Shipping (Masters and Seamen) (Unregistered Ships) (Appliation) Order 1991 GC388/91 7 SI 1991 No as they apply to the Island by virtue of the Merhant Shipping (Masters and Seamen)(Appliation) Order 1992 GC215/92 8 SD431/99 Page 8 SD2015/0387

9 Merhant Shipping (Offiial Log Book and List of Crew) SCHEDULE (2) In regulation 2(1) (interpretation) after the definition of Manx Ship insert «MSN means a Manx Shipping Notie issued by the Department and inludes any doument amending the same;». (3) For regulation 35(5) substitute «In aordane with MSN004, details of drills, musters and training on board must be reorded in the ship s offiial log book». SD2015/0387 Page 9

10 Explanatory Note Merhant Shipping (Offiial Log Book and List of Crew) EXPLANATORY NOTE (This note is not part of the Regulations) Setion 51 and Setion 52 of the Merhant Shipping (Masters and Seamen) At 1979 ( the At ) require all Manx ships (exept as provided by regulation) to keep an offiial log book and to make and maintain a list of rew ontaining suh partiulars as may be speified. These Regulations make it the responsibility of the shipowner and the master of a ship to ensure the offiial log book is maintained and the list of rew ontains the partiulars in aordane with the requirements of these Regulations. Part 2 of these Regulations requires the offiial log book to be in the format speified in Manx Shipping Notie No.004 (MSN004) and for entries in the offiial log book to be made in aordane with the requirements of that notie. Regulation 4 of these Regulations exempts ertain Manx ships from the requirement in the At to keep an offiial log book. Regulation 7 makes it an offene for any person to wilfully make false, inaurate or inomplete entries or to destroy, mutilate or render illegible any entry in the offiial log book. Regulation 8 makes provision for the opening and losing of the offiial log book and Regulation 9 presribes the ations whih must be taken if the offiial log book or any part thereof is lost. Part 3 of these Regulations speifies the partiulars whih must be ontained in a list of rew. Regulation 10 of these Regulations exempts ertain Manx ships from the requirement in the At to keep a list of rew. Regulation 13 makes provision for the format and for the opening and losing of the list of rew. The Regulations revoke and replae existing statutory provisions on offiial log books and list of rew and ome into operation on 1 January The requirements of these Regulations do not apply to fishing vessels or pleasure vessels. Page 10 SD2015/0387