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Part A Application and Interpretation
2023 Laws not yet authenticated through a Commencement Order

Revised Laws of Saint Lucia (2023)

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Part A
Application and Interpretation

1.   Application

  1.  

    1.1     The Code applies to commercial vessels, which are cargo, and passenger vessels of less than 24 metres, but 5 metres or more in length and which carry not more than 150 passengers or provide overnight accommodation for up to 50 passengers.

  1.  

    1.2     The Code shall not apply to—

    1.  

      .1     fishing or pleasure vessels;

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      .2     a vessel holding a valid International Passenger Ship Safety Certificate issued under the provisions of the International Convention on the Safety of Life at Sea, 1974, as amended (SOLAS) or Caribbean Cargo Ship Safety Certificate as appropriate;

    1.  

      .3     a boat forming part of a vessels lifesaving equipment that is used to carry passengers only in emergencies or during emergency exercises; and

    1.  

      .4     a vessel of a foreign country, whose government has inspection laws approximating those of this Code, which has on board a current valid certificate of inspection or other certificates permitting the carrying of passengers, or cargo in the appropriate sea areas, issued by its Government, unless there are clear grounds for believing that the condition of the vessel or of its equipment does not correspond substantially with the particulars of any of the certificates or is such that the vessel is not fit to proceed to sea without presenting an unreasonable threat to the safety of the vessel or its crew and passengers or the environment.

    1.  

      .5     small commercial vessels which carry 12 or less passengers and hold a valid certificate issued under the provisions of a Code specially designed for such vessels. However a Certificate of Compliance with the provisions of the SCV Code should be attached to the Certificate required by the Code to which such vessels were surveyed.

  1.  

    1.3     Unless otherwise specified the Code applies to both new and existing vessels.

2.   Definitions

  1.  

    For the purpose of the Code, unless expressly provided otherwise—

    1.  

      .1     (Accommodation space) means any space other than machinery spaces, control spaces and storerooms, used or accessible by passengers or crew including, but not limited to—

      1.  

        Hall;

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        Dining room and messroom; Lounge or cafe;

      1.  

        Public sales room;

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        Overnight accommodation space;

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        Barber shop or beauty parlour;

      1.  

        Office or conference room;

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        Washroom or toilet space;

      1.  

        Medical treatment room or dispensary; or

      1.  

        Game or hobby room.

    1.  

      .2     (Administration) means the Maritime Administration of a Country.

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      .3     (Beam or B) means the maximum width of a vessel measured from—

    1.  

           On wooden vessels from the outside of planking on one side to the outside of planking on the other; and

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           On all other vessels from the outside of a frame on one side to the outside of a frame on the other

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      .4     (Bulbous bow) means a design of bow in which the forward underwater frames ahead of the forward perpendicular are swelled out at the forefoot into a bulbous formation.

    1.  

      .5     (Bulkhead deck) means the uppermost deck to which watertight bulkheads and the watertight shell extends.

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      .6     (Cargo space) means a—

    1.  

           Cargo hold;

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           Refrigerated cargo space; or

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           A trunk leading to or from a space listed above.

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      .7     (Coastal waters) means an area designated as such by the Administration and where this is not so designated it means an area not more than 20 miles from a safe refuge.

    1.  

      .8     (Cockpit vessel) means a vessel with an exposed recess in the weather deck extending not more than one-half of the length of the vessel measured over the weather deck.

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      .9     (Commercial vessel) means a vessel in commercial use and includes passenger vessels but does not include a fishing vessel.

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      .10     (Crew) includes every person, except masters and pilots, employed or engaged in any capacity on board a vessel;

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      .11     (Crew accommodation space) means an accommodation space designated for the use of crew members and which passengers are normally not allowed to occupy.

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      .12     (Draft) means the vertical distance from the moulded baseline of a vessel at mid length to the waterline.

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      .13     (Employer), in relation to a master who has command of a vessel in the course of his employment, means the person who employs that master in that employment;

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      .14     (Existing vessel) means a vessel that is not a new vessel or a vessel for which initial construction has begun before 1 July 2002.

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      .15     (Exposed waters) is a term used in connection with stability criteria and means any waters that are more than 20 nautical miles from a harbour or safe refuge, or those waters which are less than 20 nautical miles from a harbour or safe refuge and which are not designated coastal or protected waters.

    1.  

      .16     (Ferry) means a vessel that: operates only in protected waters has provisions only for deck passengers or vehicles, or both; and operates on a short run on a scheduled service between two or more places.

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      .17     (Fishing vessel) means a vessel used or intended to be used for fishing for profit and does not include vessels used for the carriage of passengers used for sport fishing.

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      .18     (Flash point) means the temperature at which a liquid gives off a flammable vapour when heated using the Pensky-Martens Closed Cup Tester method.

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      .19     (Float-free launching or arrangement) means that method of launching a survival craft whereby the survival craft is automatically released and break free from a sinking vessel in such a manner as to be ready for use by survivors.

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      .20     (Flush deck vessel) means a vessel with a continuous weather deck located at the uppermost sheer line of the hull.

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      .21     (Galley) means a space containing appliances with cooking surfaces that may exceed 120°C (250°F).

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      .22     (Gross or net tonnage) is the measurement of a vessel as determined by the Administration.

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      .23     (Harbour or safe refuge) means a port, inlet or other body of water normally sheltered from heavy seas by land and in which a vessel can navigate and safely moor. The suitability of a location as a harbour or safe refuge is as determined by the Administration.

    1.  

      .24     (Inflatable survival craft or Inflatable lifejacket) means one which depends upon non-rigid, gas-filled chambers for buoyancy and which are normally kept deflated until ready for use.

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      .25     (IMDG Code) means the International Maritime Dangerous Goods Code published by the International Maritime Organization.

    1.  

      .26     (International voyage) means a voyage between one country and a port outside that country.

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      .27     (Launching appliance) means a device for transferring a survival craft, rescue boat or boat for the recovery of a man overboard from its stowed position safely to the water. For a launching appliance using a davit, the term includes davit, winch and falls.

    1.  

      .28     (Length) means length overall, the distance between the foreside of the foremost fixed permanent structure and the after side of the aftermost permanent structure.

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      .29     (LSA Code) means the International Life-Saving Appliance (LSA) Code adopted by the Maritime Safety Committee of the International Maritime Organization at its sixty-sixth session by Resolution MSC.48 (66) as amended

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      .30     (Machinery space) means a space including a trunk, alleyway, stairway or duct to such a space that contains—

    1.  

           propulsion machinery of any type;

    1.  

           steam or internal combustion machinery;

    1.  

           oil transfer equipment;

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           electrical motors of more than 7.5 kW (10 hp);

    1.  

           cargo refrigeration equipment;

    1.  

           one or more oil-fired boilers or heaters; or

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           electrical generating machinery.

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      .31     (Major conversion) means repairs, alterations or modifications that—

      1.  

        (a)     substantially alter the dimensions of a vessel;

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        (b)     substantially increase a vessel's service life; or

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        (c)     alter the functional aspects of a vessel.

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      .32     (Master) means the individual having command of a commercial vessel.

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      .33     (Means of escape) means a continuous and unobstructed route from any point in a vessel to an embarkation station. A means of escape can be both vertical and horizontal, and may include doorways, passageways, stair towers and public spaces. Cargo spaces, machinery spaces, rest rooms, hazardous areas, escalators and elevators shall not form any part of a means of escape.

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      .34     (New vessel) means a vessel for which the initial construction began on or after [1 July 2002] or a vessel, which has undergone repairs, alterations or modifications of a major character, as identified in I/9.4 on or after this date.

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      .35     (Non-self-propelled vessel) means a vessel, which does not have a means of propulsion installed, such as propulsive machinery, masts, spars or sails.

    1.  

      .36     (Open boat) means a vessel which is open to the elements and is not fitted with a complete watertight or weathertight deck or complete structure above the waterline.

    1.  

      .37     (Operating station) means the principal steering station on the vessel from which the individual on duty normally navigates the vessel.

    1.  

      .38     (Overnight accommodation or overnight accommodation space) means an accommodation space for use by passengers or by crew members which has one or more berths, including beds or bunks, for passengers or crew members to rest for extended periods. Overnight accommodations do not include spaces, which contain only seats, including reclining seats.

    1.  

      .39     (Passenger) means any person carried in a vessel except a person employed or engaged in any capacity on board the vessel or a child under one year of age.

    1.  

      .40     (Passenger vessel) means a vessel other than a pleasure vessel carrying more than 12 passengers, and includes a vessel that is provided for the transport or entertainment of lodgers at any institution, hotel, boarding house, guest house or other establishment.

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      .41     (Piping system) includes piping, associated fittings and valves.

    1.  

      .42     (Pleasure vessel) means—

      1.  

        (a)     any vessel which at the time it is being used is—

        1.  

          .1     (i)     in the case of a vessel wholly owned by an individual or individuals, used only for the sport or pleasure of the owner or the immediate family or friends of the owner; or

          1.  

            (ii)     in the case of a vessel owned by a body corporate, one on which the persons are employees, officers or shareholders of the body corporate, or their immediate family or friends; and

      1.  

        (b)     on a voyage or excursion which is one for which the owner does not receive money for or in connection with operating the vessel or carrying any person, other than as a contribution to the direct expenses of the operation of the vessel incurred during the voyage or excursion; or

        1.  

          .2     any vessel wholly owned by or on behalf of a club formed for the purpose of sport or pleasure which, at the time it is being used, is used only for the sport or pleasure of members of the club or their immediate family, and for the use of which any charges levied are paid into club funds and applied for the general use of the club; and

        1.  

          .3     in the case of any vessel referred to in paragraphs (1) or (2), no other payments are made by or on behalf of the users of the vessel, other than by the owner;

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           and in this definition, “immediate family” means, in relation to an individual, the husband or wife of the individual, and a relative of the individual or the relative's husband or wife, “relative” means brother, sister, ancestor or lineal descendant, and “owner” includes charterer.

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      .43     (Protected waters) means an area of sheltered waters presenting no special hazards such as most rivers, harbours and lakes, designated by the Administration for the operation of small vessels and where not so designated means an area not more than 3 miles from a safe haven.

    1.  

      .44     (Survival craft) means a lifeboat, liferaft, buoyant apparatus or small boat carried aboard a vessel.

    1.  

      .45     (Vessel) includes any ship or boat or any other description of vessel capable of being navigated.

    1.  

      .46     (Voyage) includes an excursion.

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      .47     (Watertight) means designed and constructed to prevent the passage of water in any direction.

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      .48     (Weathertight) means that in any sea conditions water will not penetrate into the vessel.

    1.  

      .49     (Well deck vessel) means a vessel with a weather deck fitted with solid bulwarks that impede the drainage of water over the sides or a vessel with an exposed recess in the weather deck extending more than one-half of the length of the vessel measured over the weather deck.

    1.  

      .50     (Working day), in relation to any person to whom Chapter IX of this Code applies means any period during which the person is on duty which is not followed by an interval for rest of not less than 8 hours.

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      .51     (Workspace) means a space, not normally occupied by a passenger, in which a crew member performs work and includes, but is not limited to, a galley, operating station or machinery space.

3.   Equivalence and exemptions

  1.  

    3.1     Where the Code requires that a particular fitting, material, appliance or apparatus, or type thereof, piece of equipment or machinery shall be fitted or carried in a vessel, or that any particular provision shall be made, the Administration may permit any other fitting, material, appliance or apparatus or type thereof, piece of equipment or machinery to be fitted or carried or other provision to be made in that vessel where it is satisfied by trials or otherwise that the alternative is at least as effective as that required by the Code.

  1.  

    3.2     The Administration may exempt any vessel or description of vessels from all or any of the provisions of the Code, as shall be specified in the exemption, provided that the Administration is satisfied that compliance with such provision is either impracticable or unreasonable in the case of that vessel or description of vessels. The exemption may be issued on such terms, if any, as the Administration may specify and subject to giving reasonable notice, alter or cancel any such exemption.

4.   Approved equipment and material

  1.  

    Equipment and material that is required by the Code to be approved or of an approved type shall have been manufactured and approved in accordance with the design and testing requirements of the Administration. In construing the term “to the satisfaction of the Administration” in relation to standards for type approval these shall be equivalent to those of the Canadian Coast Guard (CCG), European Economic Community (EEC), the United States Coast Guard (USCG), the International Maritime Organization (IMO) or an organization recognized to perform statutory work on behalf of the Administration in terms of certification and survey functions connected with the issuance of international certificates.

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