2023 Laws not yet authenticated through a Commencement Order

Revised Laws of Saint Lucia (2023)

1.   Citation

These Regulations may be cited as the Shipping (Manning and Certification) Regulations.

2.   Interpretation

In these Regulations —

“Act” means the Shipping Act, Cap. 13.27;

“assistant engineer officer” means a person under training to become an engineer officer;

“Caribbean Trading Area” has the same meaning assigned to it under the Shipping (Caribbean Cargo Ship Construction and Survey) Regulations;

“certificate” means a certificate issued and endorsed under these Regulations that entitles the lawful holder to serve in the capacity and to perform the functions involved at the level of responsibility specified on a ship of the type, tonnage, power and means of propulsion while engaged on the particular voyage;

“chemical tanker” means a ship constructed or adapted and used for the carriage in bulk of any liquid product listed in any international instrument relating to bulk chemicals;

“chief engineer officer” means the senior engineer officer responsible for the mechanical propulsion and the operation and maintenance of the mechanical and electrical installations of the ship;

“chief mate” means the officer next in rank to the master and upon whom the command of the ship falls in the event of the incapacity of the master;

“company” means the owner of the ship or any other organization or person assuming such responsibility who agrees to take over all the duties and responsibilities imposed on the company by these Regulations;

“deck officer” means an officer qualified under these Regulations;

“engineer officer” means an officer qualified under these Regulations;

“engineering watch” means a person or a group of personnel comprising the watch or a period of responsibility for an officer during which the physical presence in machinery spaces of that officer may or may not be required;

“evaluation criteria” means the entries appearing in column 4 of the tables in Schedule 1 of the specification of the minimum standard of competence that provides the means for an assessor to judge whether or not a candidate can perform the related tasks, duties and responsibilities;

“fishing vessel” means a ship used for catching fish, whales, seals, walrus or other living resources of the sea;

“function” means a group of tasks, duties and responsibilities, as specified in these Regulations, necessary for ship operation, safety of life at sea or protection of the marine environment;

“GT” means gross tonnage as determined in accordance with the Shipping (Tonnage) Regulations;

“hovercraft” means a sea-going vessel registered in Saint Lucia which was constructed on or after January 1, 1996;

“IMO” means the International Maritime Organization;

“independent evaluation” means an assessment by a suitably qualified person, independent of, or external to, the unit or activity being evaluated, to verify that the administrative and operational procedures at all levels are managed, organized, undertaken and monitored internally in order
to ensure their fitness for the purpose of achieving the stated objectives;

“kW” means kilowatt;

“liquefied gas tanker” means a ship constructed or adapted and used for the carriage, in bulk, of any liquefied gas or other product listed in any international instrument relating to gas carriers;

“management level” means the extent of responsibility associated with —

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    (a)     serving as master, chief mate, chief engineer officer or second engineer officer on board a seagoing ship; and

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    (b)     ensuring that all functions within the designated area of responsibility are properly performed;

“master” means the person having command of a ship;

“month” means a calendar month or 30 days made up of periods within a year;

“near-coastal voyage” means a journey —

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    (a)     of 72 hours or less within the unlimited trading area in the course of which a ship is at no time more than 150 mi from a safe port of refuge; or

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    (b)     within the Caribbean Trading Area in the course of which the ship is at no time more than 150 mi from a safe port of refuge;

“officer” means a member of the crew, other than the master;

“oil tanker” means a ship constructed and used for the carriage of petroleum and petroleum products in bulk;

“operational level” means the extent of responsibility associated with —

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    (a)     serving as officer in charge of a navigational watch or engineering watch, as a designated duty engineer for periodically unmanned machinery spaces or as a radio operator on board a seagoing ship; and

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    (b)     maintaining direct control over the performance of all functions within the designated area of responsibility in accordance with proper procedures and under the direction of a person serving in the management level for that area of responsibility;

“propulsion power” means the total maximum continuous rated output power in kilowatts of all the ship's main propulsion machinery which appears on the ship's certificate of registry or other official document;

“radio duties” includes watchkeeping and technical maintenance and repairs conducted in accordance with the Radio Regulations, the Safety Convention and the recommendations of the IMO;

“radio operator” means a person holding a licence or frequency authorization issued under the Radio Regulations;

“Radio Regulations” means the Telecommunications (Licensing and Authorisation) Regulations;

“rating” means a member of the ship's crew other than the master or an officer;

“ro–ro passenger ship” means a passenger ship with ro–ro cargo spaces or special category spaces as defined in the Safety Convention;

“seagoing service” means service on board a ship relevant to the issue of a certificate or other qualification;

“seagoing ship” means a ship other than a ship which navigates exclusively in inland waters or in waters within, or closely adjacent to, sheltered waters or areas;

“second engineer officer” means the engineer officer next in rank to the chief engineer officer and upon whom the responsibility for the mechanical propulsion and the operation and maintenance of the mechanical and electrical installations of the ship falls in the event of the incapacity of the chief engineer officer;

“standard of competence” means the level of proficiency to be achieved for the proper performance of functions on board a ship in accordance with internationally agreed criteria and incorporating specified standards or levels of knowledge, understanding and demonstrated skill;

“support level” means the extent of responsibility associated with performing assigned tasks, duties or responsibilities on board a seagoing ship under the direction of a person serving in the operational level or management level.

3.   Application and non-application

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    (1)   These Regulations apply to seafarers serving on board a seagoing ship.

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    (2)   These Regulations do not apply to seafarers serving on board —

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      (a)     a warship, naval auxiliary or other ship owned or operated and engaged only on governmental non-commercial service;

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      (b)     a fishing vessel;

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      (c)     a pleasure yacht not engaged in trade; or

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      (d)     a wooden ship of primitive build.

PART 1
TRAINING AND ASSESSMENT

4.   Board of Examiners

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    (1)   The Director shall nominate a pool of suitably qualified persons who will from time to time be appointed to a Board of Examiners.

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    (2)   A person who is appointed to a Board of Examiners shall —

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      (a)     be the holder of a certificate of competence as master or chief engineer without restriction or the appropriate training in related subjects or disciplines at a tertiary level;

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      (b)     complete the Model Course for Examiners developed by the IMO; and

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      (c)     have a period of on-the-job training or exposure to maritime examination methods and practices.

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    (3)   For each assessment, in each discipline, the Director shall appoint at least 3 persons to form a Board of Examiners consisting of —

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      (a)     a president who is a person from the Division; and

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      (b)     two members who are persons from the pool of suitably qualified persons.

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    (4)   A Board of Examiners must be structured according to the discipline in which the candidates are to be assessed and the Board of Examiners may be appointed for assessments in different classes of certification, but must not be appointed for assessments in different disciplines.

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    (5)   The Division shall —

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      (a)     maintain a separate data bank of questions and model answers for each class of certification within each discipline;

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      (b)     provide a selection of questions and model answers to each appointed Board of Examiners for consideration in formulating assessment papers;

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      (c)     provide a sufficient number of invigilators to support each examination;

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      (d)     promulgate the timetable detailing the schedule and conduct of examination to ensure that the timetable is communicated to candidates in a timely manner.

5.   Functions of Board of Examiners

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    (1)   The functions of each Board of Examiners are —

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      (a)     to formulate assessment papers, conduct examinations, and evaluate individual papers;

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      (b)     prior to, during and after an examination, to ensure that —

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        (i)     the required charts, publications, instruments and other material or equipment are serviceable and available in sufficient numbers to adequately support the examination,

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        (ii)     the listed candidates for each examination are present and properly accounted for according to the seating and numbering arrangements,

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        (iii)     written examinations are conducted as follows —

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          (A)     the candidates are briefed on the general rules, requirements and duration of the examination;

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          (B)     the examination papers are administered and the examination conducted according to the rules for the examination;

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          (C)     the examination is started and completed on time and within the specified duration and that allowance is made for any unforeseen or unavoidable stoppage or disruptions;

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          (D)     the examination papers are collected and properly accounted for on completion of the examination;

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          (E)     candidates who violate the rules of the examination are disqualified;

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          (F)     suspension of an examination where the Board of Examiners is not satisfied with existing facilities, support equipment or material or conditions under which the examination is conducted and subsequently make other arrangements considered appropriate to ensure the proper conduct of the examination;

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          (G)     after the examination, ensure that each examination paper is independently evaluated by at least 2 qualified persons;

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          (H)     in assigning final grades, compare and average the grades of the 2 independent evaluations;

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      (c)     upon completion of any of its functions, submit a report to the Division.

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    (2)   For the purposes of subregulation (1)(b)(iii)(G) —

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      (a)     the first evaluation must be performed by an instructor, versed in the subject or discipline from a training institution;

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      (b)     the second evaluation must be performed by a member of the Board of Examiners;

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      (c)     evaluations must be compared by the Board of Examiners and final grades assigned to each paper;

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      (d)     borderline cases are to be reviewed by a member of the Board of Examiners who is not involved in the evaluation of the particular paper.

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    (3)   Without prejudice to subregulation (1)(b)(iii)(H), the Board of Examiners shall in assigning final grades, take into consideration —

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      (a)     the coursework of a candidate;

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      (b)     the training record book and testimonials of conduct and character during the period of seagoing training of a candidate;

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      (c)     any other relevant matter concerning the competence of a candidate.

6.   Training and assessment

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    (1)   The Director shall ensure that all training and assessment of seafarers for certification under these Regulations are —

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      (a)     structured in accordance with written programmes, including such methods and media of delivery, procedures and course material as are necessary to achieve the specified standard of competence; and

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      (b)     conducted, monitored, evaluated and supported by persons qualified under regulations 8, 9 and 10.

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    (2)   A person who conducts in-service training or assessment shall only do so on board a ship when such training or assessment will not adversely affect the normal operation of the ship and he or she can dedicate the time and attention to training or assessment.

7.   Training and assessment within an institution

A training institution shall —

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    (a)     provide to the Division, at least one month before the scheduled dates of commencement of assessments, 3 complete assessment papers and model answers for each class of certification within each discipline to be assessed;

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    (b)     in the formulation of questions for assessment papers, ensure that all the required publications, charts, instruments and other material or equipment are serviceable and available in sufficient quantities to support the assessment, and such requirements are to be clearly stated along with the associated serviceability and availability;

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    (c)     provide instructors who are versed in the particular subject discipline being assessed, to assist in the invigilation of examinations and to respond to and deal with queries regarding any aspect of the examination which may be raised by candidates;

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    (d)     maintain records of the coursework, attendance, written and practical work or other information for each student undertaking an approved course of maritime study and such records are to be made available to the Board of Examiners, if and when required;

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    (e)     submit to the Division a draft timetable for the scheduling and conduct of examinations, at least 3 months before the tentative commencement of the first examination.

8.   Qualification of instructor, supervisor and assessor

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    (1)   The Director shall ensure that instructors, supervisors and assessors are appropriately qualified for the particular types and levels of training or assessment of competence of seafarers on board a ship or ashore, as required under these Regulations.

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    (2)   A person providing type rating certificate training shall designate a person as type rating instructor or type rating examiner.

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    (3)   A person designated under subregulation (2) shall be experienced in the operation of a high speed craft on the route on which it will be instructing and examining and be approved by the Minister, and under no circumstances will the same person be allowed to work as a type rating instructor and a type rating examiner.

9.   In-service training

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    (1)     A person who conducts in-service training of a seafarer, on board a ship or ashore, which is intended to be used in qualifying for certification under these Regulations, shall —

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      (a)     have an appreciation of the training programme and an understanding of the specific training objectives for the particular type of training being conducted;

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      (b)     be qualified in the task for which training is being conducted; and

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      (c)     if conducting training using a simulator —

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        (i)     have received appropriate guidance in instructional techniques involving the use of simulators, and

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        (ii)     have gained practical operational experience on the particular type of simulator being used.

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    (2)   A person who is responsible for the supervision of in-service training of a seafarer intended to be used in qualifying for certification under these Regulations shall fully understand the training programme and the specific objectives for each type of training being conducted.

10.   In-service assessment of competence

A person who conducts in-service assessment of competence of a seafarer, on board a ship or ashore, which is intended to be used in qualifying for certification under these Regulations, shall —

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    (a)     have an appropriate level of knowledge and understanding of the competence to be assessed;

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    (b)     be qualified in the task for which the assessment is being made;

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    (c)     have received appropriate guidance in assessment methods and practice;

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    (d)     have gained practical assessment experience; and

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    (e)     if conducting assessment involving the use of simulators, have gained practical assessment experience on the particular type of simulator under the supervision and to the satisfaction of an experienced assessor.

11.   Training of hovercraft personnel

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    (1)   An owner of a hovercraft shall ensure that masters, seafarers and other personnel have completed the training specified by the Minister.

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    (2)   A person providing the training referred to under subregulation (1) shall issue documentary evidence to every person successfully completing such training.

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    (3)   In the case of masters and of officers having an operational role on high speed craft, the documentary evidence must be a certificate in a form specified by the Minister and endorsed in a manner specified by the Minister.

12.   General performance standard for simulator used in training

The Director shall ensure that any simulator used for simulator-based training —

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    (a)     is suitable for the selected objectives and training tasks;

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    (b)     is capable of simulating the operating capabilities of shipboard equipment, to a level of physical realism appropriate to training objectives and include the capabilities, limitations and possible errors of such equipment;

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    (c)     has sufficient behavioural realism to allow a trainee to acquire the skills appropriate to the training objectives;

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    (d)     provides a controlled operating environment, capable of producing a variety of conditions, which may include emergency, hazardous or unusual situations relevant to the training objectives;

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    (e)     provides an interface through which a trainee can interact with the equipment, the simulated environment and, as appropriate, the instructor; and

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    (f)     permits an instructor to control, monitor and record exercises for the effective debriefing of trainees.

13.   General performance standards for simulators used in assessment of competence

A simulator used for the assessment of competence required under these Regulations or for any demonstration of continued proficiency required must —

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    (a)     be capable of satisfying the specified assessment objectives;

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    (b)     be capable of simulating the operational capabilities of the shipboard equipment to a level of physical realism appropriate to the assessment objectives and to include the capabilities, limitations and possible errors of such equipment;

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    (c)     have sufficient behavioural realism to allow a candidate to exhibit the skills appropriate to the assessment objectives;

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    (d)     provide an interface through which a candidate can interact with the equipment and simulated environment;

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    (e)     provide a controlled operating environment, capable of producing a variety of conditions, which may include emergency, hazardous or unusual situations relevant to assessment objectives; and

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    (f)     permit an assessor to control, monitor and record exercises for the effective assessment of the performance of candidates.

14.   Radar simulation

Radar simulation equipment must be capable of simulating the operational capabilities of navigational radar equipment which meets all applicable performance standards adopted by the IMO and incorporate facilities to —

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    (a)     operate in the stabilized relative motion mode and sea and ground stabilized true motion mode;

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    (b)     model weather, tidal streams, current, shadow sectors, spurious echoes and other propagation effects, and generate coastlines, navigational buoys and search and rescue transponders; and

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    (c)     create a real-time operating environment incorporating at least 2 own-ship stations with ability to change own ship's course and speed, and include parameters for at least 20 target ships and appropriate communication facilities.

15.   Automatic radar plotting aid simulation

Automatic radar plotting aid simulation equipment must be capable of simulating the operational capabilities of automatic radar plotting aids which meet all applicable performance standards adopted by IMO and must incorporate the facilities for —

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    (a)     manual and automatic target acquisition;

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    (b)     past track information;

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    (c)     use of exclusion areas;

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    (d)     vector or graphic time-scale and data display; and

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    (e)     trial manoeuvres.

16.   Simulator training objective

A person who conducts simulator-based training shall ensure that the aims and objectives of the simulator-based training are defined within an overall training programme and that specific training objectives and tasks are selected so as to relate as closely as possible to shipboard tasks and practices.

17.   Training procedure

In conducting simulator-based training, instructors shall ensure that —

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    (a)     trainees are adequately briefed beforehand on the exercise objectives and tasks and are given sufficient planning time before the exercise starts;

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    (b)     trainees have adequate familiarization time on the simulator and with its equipment before any training or assessment exercise commences;

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    (c)     guidance given and exercise stimuli are appropriate to the selected exercise objectives and tasks and to the level of trainee experience;

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    (d)     exercises are effectively monitored, supported as appropriate by audio and visual observation of trainee activity and pre-exercise evaluation reports and post-exercise evaluation reports;

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    (e)     trainees are effectively debriefed to ensure that training objectives have been met and that operational skills demonstrated are of an acceptable standard;

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    (f)     the use of peer assessment during debriefing is encouraged; and

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    (g)     simulator exercises are designed and tested so as to ensure suitability for the specified training objectives.

18.   Assessment procedure

Where a simulator is used to assess the ability of a candidate to demonstrate levels of competency, an assessor shall ensure that —

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    (a)     performance criteria are identified clearly and explicitly and are valid and available to the candidates;

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    (b)     assessment criteria are established clearly and are explicit to ensure reliability and uniformity of assessment and to optimise objective measurement and evaluation, to keep subjective judgements to a minimum;

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    (c)     candidates are briefed clearly on the tasks or skills to be assessed and on the tasks and performance criteria by which competence will be determined;

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    (d)     assessment of performance takes into account normal operating procedures and any behavioural interaction with other candidates on the simulator or simulator staff;

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    (e)     scoring or grading methods to assess performance are used with caution until they have been validated; and

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    (f)     the prime criterion is that a candidate demonstrates the ability to carry out a task safely and effectively to the satisfaction of the assessor.

19.  On-board training

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    (1)   This regulation applies to a candidate for certification as officer in charge of —

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      (a)     a navigational watch of ships of 500 GT or more whose seagoing service forms part of a training programme; or

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      (b)     an engineering watch in a manned engine-room or as a designated duty engineer in a periodically unmanned engine-room of ships powered by main propulsion machinery of 750kW or more.

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    (2)   An approved programme of on-board training must —

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      (a)     ensure that during the required period of seagoing service the candidate receives systematic practical training and experience in the tasks, duties and responsibilities of an officer in charge of a navigational watch or an officer in charge of an engine-room watch;

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      (b)     be closely supervised and monitored by qualified officers on board the ship in which the approved seagoing service is performed; and

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      (c)     be adequately documented in a training record book or similar document.

20.   Assessment on safety of ship, crew, cargo and protection of the marine environment

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    (1)   This regulation applies where —

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      (a)     a chief mate of a ship of 500 GT is in a position to assume the responsibility of master; or

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      (b)     a second engineer officer is in a position to assume the responsibilities of the chief engineer.

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    (2)   An assessment shall be designed to test —

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      (a)     the ability of the chief mate or second engineer officer to assimilate all available information that affects the safety of the ship, passengers of the ship, crew, cargo or the protection of the marine environment;

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      (b)     the ability of the second engineer officer to assimilate all available information that affects the safe operation of the machinery of the ship and the protection of the marine environment.

21.   Special training

A candidate for certification as officer in charge of a navigational watch on ships of less than 500 GT, engaged on near-coastal voyages, who is required to have completed special training, shall follow an approved programme of on-board training which —

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    (a)     ensures that during the required period of seagoing service the candidate receives systematic practical training and experience in the tasks, duties and responsibilities of an officer in charge of a navigational watch;

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    (b)     is closely supervised and monitored by qualified officers on board the ships in which the approved seagoing service is performed; and

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    (c)     is adequately documented in a training record book or similar document.

22.   Training and qualification of master, officer and rating on tanker

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    (1)   An officer and a rating assigned specific duties and responsibilities related to cargo or cargo equipment on a tanker shall complete an approved shore-based firefighting course and shall, subject to regulation 26, complete —

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      (a)     at least 3 months of approved seagoing service on tankers in order to acquire adequate knowledge of safe operational practices; or

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      (b)     an approved tanker familiarization course covering at least the syllabus given for that course in subregulation (3), but the Minister or any person authorized by the Minister may accept a period of supervised seagoing service shorter than the period specified in paragraph (a), where —

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        (i)     the period accepted is not less than one month,

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        (ii)     the tanker is of less than 3,000 GT,

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        (iii)     the duration of each voyage on which the tanker is engaged during the period does not exceed 72 hours, and

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        (iv)     the operational characteristics of the tanker and the number of voyages, loading and discharging operations completed during the period, allow the same level of knowledge and experience to be acquired.

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    (2)   Without prejudice to subregulation (1), a master, chief engineer officer, chief mate, second engineer officer or a person with immediate responsibility for loading, discharging and care in transit or handling of cargo shall —

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      (a)     have experience appropriate to his or her duties on the type of tanker on which he or she serves; and

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      (b)     complete an approved specialized training programme which at least covers the subjects set out in subregulation (4), (5) or (6) that are appropriate to his or her duties on the oil tanker, chemical tanker or liquefied gas tanker on which he or she serves.

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    (3)   The tanker familiarization course referred to in subregulation (1)(b) must cover at least the following syllabus —

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      (a)     characteristics of cargoes that includes an outline treatment including —

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        (i)     practical demonstration of the physical properties of oil, chemicals and gases carried in bulk,

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        (ii)     vapour pressure or temperature relationship,

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        (iii)     influence of pressure on boiling temperature,

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        (iv)     explanation of saturated vapour pressure, diffusion, partial pressure, flammability limits, flashpoint and auto-ignition temperature,

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        (v)     practical significance of flashpoint and lower flammable limit,

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        (vi)     simple explanation of types of electrostatic charge generation,

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        (vii)     chemical symbols and structures,

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        (viii)     elements of the chemistry of acids and bases and chemical reactions of well-known groupings sufficient to enable proper utilization of codes;

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      (b)     toxicity, that includes a simple explanation of principles and basic concepts including toxicity limits, acute and chronic effects of toxicity and systemic poisons and irritants;

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      (c)     hazards that include an explanation of hazards, including —

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        (i)     explosion and flammability hazards, flammability limits and sources of ignition and explosion,

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        (ii)     health hazards, including the dangers of skin contact, inhalation and ingestion; oxygen deficiency, with particular reference to inert gas systems; harmful properties of cargo carried; accidents to personal and associated first-aid,

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        (iii)     hazards to the environment, covering: the effect on human and marine life from the release of oil, chemicals or gases; effect of specific gravity and solubility; danger from vapour cloud drift; effect of vapour pressure and atmospheric conditions,

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        (iv)     reactivity hazards covering self-reaction; polymerization; effects of temperature; impurities as catalysts; reaction with air, water and other chemicals, and

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        (v)     corrosion hazards, covering the dangers to personnel; attacks on constructional materials; effects of concentration and evolution of hydrogen;

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      (d)     hazard control, that includes inserting, water padding, drying agents and monitoring techniques; anti-static measures; ventilation; segregation; cargo inhibition and the importance of compatibility of materials;

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      (e)     safety equipment and protection of personnel including —

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        (i)     the function and calibration of measuring instruments and similar equipment,

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        (ii)     specialized fire-extinguishing appliances,

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        (iii)     breathing apparatus and tanker evacuating equipment,

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        (iv)     safe use of protective clothing and equipment,

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        (v)     use of resuscitators and other rescue and escape equipment;

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      (f)     pollution prevention that includes procedures to be followed to prevent air and water pollution and measures to be taken in the event of spillage, including the need to —

      1.  

        (i)     immediately report all relevant information to the appropriate officials when a spill is detected or when a malfunction has occurred which poses a risk of a spill,

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        (ii)     promptly notify shore-based response personnel, and

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        (iii)     properly implement shipboard spill-containment procedures.

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    (4)   The specialized training programme referred to under subregulation (2)(b) appropriate to duties on oil tankers shall provide theoretical and practical knowledge of the following subjects —

    1.  

      (a)     Regulations and codes of practice including —

      1.  

        (i)     familiarization with the appropriate provisions of relevant international conventions,

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        (ii)     relevant international and national codes,

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        (iii)     IMO Manual on Oil Pollution,

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        (iv)     relevant tanker safety guides and relevant port regulations as commonly applied;

    1.  

      (b)     design and equipment of oil tankers including —

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        (i)     familiarization with piping, pumping, tank and deck arrangements,

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        (ii)     types of cargo pumps and their application to various types of cargo,

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        (iii)     tank cleaning, gas-freeing and inerting systems,

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        (iv)     cargo tank venting and accommodation ventilation,

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        (v)     gauging systems and alarms,

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        (vi)     cargo heating systems, and

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        (vii)     the safety aspects of electrical systems;

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      (c)     cargo characteristics including knowledge of the chemical and physical properties of different oil cargoes;

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      (d)     ship operations including —

      1.  

        (i)     cargo calculations, loading and discharging plans, loading and discharge procedures, including ship-to-ship transfers, checklists, use of monitoring equipment,

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        (ii)     importance of proper supervision of personnel,

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        (iii)     gas-freeing operations and tank cleaning operations,

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        (iv)     where appropriate, crude oil washing procedures and the operation and maintenance of inert gas systems,

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        (v)     control of entry into pump-rooms and enclosed spaces,

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        (vi)     use of gas-detecting and safety equipment,

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        (vii)     load-on-top and proper ballasting and deballasting procedures,

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        (viii)     air and water pollution prevention;

    1.  

      (e)     repair and maintenance including —

      1.  

        (i)     precautions to be taken before and during repair and maintenance work, including that affecting pumping, piping, electrical and control systems,

      1.  

        (ii)     safety factors necessary in the performance of hot work; control of hot work and proper hot-work procedures;

    1.  

      (f)     emergency operations including —

      1.  

        (i)     the importance of developing ship emergency plans,

      1.  

        (ii)     cargo operations emergency shutdown,

      1.  

        (iii)     action in the event of failure of services essential to cargo,

      1.  

        (iv)     fire fighting on oil tankers,

      1.  

        (v)     action following collision, stranding or spillage,

      1.  

        (vi)     medical first-aid procedures, and

      1.  

        (vii)     the use of resuscitation equipment; use of breathing apparatus for safe entry into and rescue from enclosed spaces.

  1.  

    (5)   The specialized training programme referred to under subregulation (2)(b) appropriate to duties on chemical tankers shall provide theoretical and practical knowledge of the following subjects —

    1.  

      (a)     Regulations and codes of practice, including familiarization with relevant —

      1.  

        (i)     international conventions,

      1.  

        (ii)     IMO and national codes,

      1.  

        (iii)     tanker safety guides, and

      1.  

        (iv)     port regulations, as commonly applied;

    1.  

      (b)     design and equipment of chemical tankers including a brief description of —

      1.  

        (i)     specialized piping, pumping and tank arrangements, overflow control,

      1.  

        (ii)     types of cargo pumps and their application to various types of cargo,

      1.  

        (iii)     tank cleaning and gas-freeing systems,

      1.  

        (iv)     cargo tank venting,

      1.  

        (v)     vapour-return systems,

      1.  

        (vi)     accommodation ventilation, airlocks,

      1.  

        (vii)     gauging systems and alarms,

      1.  

        (viii)     tank temperature control systems and alarms, and

      1.  

        (ix)     the safety factors of electrical systems;

    1.  

      (c)     cargo characteristics including sufficient knowledge of liquid chemical cargo characteristics to allow proper use of relevant cargo safety guides;

    1.  

      (d)     ship operations including —

      1.  

        (i)     cargo calculations,

      1.  

        (ii)     loading and discharging plans,

      1.  

        (iii)     loading and discharge procedures,

      1.  

        (iv)     vapour-return systems,

      1.  

        (v)     checklists,

      1.  

        (vi)     use of monitoring equipment,

      1.  

        (vii)     gas-freeing operations and tank cleaning operations, including proper use of absorption and wetting agents and detergents,

      1.  

        (viii)     use and maintenance of inert atmospheres,

      1.  

        (ix)     control of entry into pump-rooms and enclosed spaces,

      1.  

        (x)     use of detecting and safety equipment, and

      1.  

        (xi)     disposal of waste and washings;

    1.  

      (e)     repair and maintenance including precautions to be taken before the repair and maintenance of pumping, piping, electrical and control systems; and

    1.  

      (f)     emergency operations including —

      1.  

        (i)     the importance of developing ship emergency plans,

      1.  

        (ii)     cargo operations emergency shutdown,

      1.  

        (iii)     action in the event of failure of services essential to cargo,

      1.  

        (iv)     fire fighting on chemical tankers,

      1.  

        (v)     action following collision, stranding or spillage,

      1.  

        (vi)     medical first-aid procedures and the use of resuscitation and decontamination equipment,

      1.  

        (vii)     use of breathing apparatus and escape equipment,

      1.  

        (viii)     safe entry into and rescue from enclosed spaces.

  1.  

    (6)   The specialized training programme referred to under subregulation (2)(b) appropriate to the duties on liquefied gas tankers must provide theoretical and practical knowledge of the following subjects —

    1.  

      (a)     Regulations and codes of practice including familiarization with —

      1.  

        (i)     relevant international conventions and IMO, national and industry codes,

      1.  

        (ii)     the ship design and equipment of liquefied gas tankers,

      1.  

        (iii)     types of liquefied gas tankers,

      1.  

        (iv)     cargo-containment systems, construction, surveys,

      1.  

        (v)     cargo-handling equipment, such as pumps, piping systems,

      1.  

        (vi)     cargo conditioning systems, such as warm-up, cool-down,

      1.  

        (vii)     tank atmosphere control systems, such as inert gas, nitrogen,

      1.  

        (viii)     instrumentation of cargo-containment and handling systems,

      1.  

        (ix)     fire-fighting system and safety and rescue equipment;

    1.  

      (b)     firefighting, including advanced practical firefighting techniques and tactics applicable to gas tankers, including the use of water-spray systems;

    1.  

      (c)     chemistry and physics, including an introduction to basic chemistry and physics as it relates to the safe carriage of liquefied gases in bulk in ships, covering —

      1.  

        (i)     the properties and characteristics of liquefied gases and their vapours, including —

        1.  

          (A)     the definition of gas;

        1.  

          (B)     simple gas laws;

        1.  

          (C)     the gas equation;

        1.  

          (D)     density of gases;

        1.  

          (E)     diffusion and mixing of gases;

        1.  

          (F)     compression of gases;

        1.  

          (G)     liquefaction of gases;

        1.  

          (H)     refrigeration of gases;

        1.  

          (I)     critical temperature;

        1.  

          (J)     the practical significance of flashpoint;

        1.  

          (K)     upper and lower explosive limits;

        1.  

          (L)     auto-ignition temperature;

        1.  

          (M)     compatibility of gases;

        1.  

          (N)     reactivity;

        1.  

          (O)     polymerization and inhibitors,

      1.  

        (ii)     the properties of single liquids, including – densities of liquids and vapours; variation with temperature; vapour pressure and temperature; enthalpy; vaporization and boiling liquids, and

      1.  

        (iii)     the nature and properties of solutions, including —

        1.  

          (A)     the solubility of gases in liquids;

        1.  

          (B)     miscibility between liquids and effects of temperature change;

        1.  

          (C)     densities of solutions and dependence on temperature and concentration;

        1.  

          (D)     effects of dissolved substances on melting and boiling points;

        1.  

          (E)     hydrates, formation and dispersion;

        1.  

          (F)     hygroscopicity;

        1.  

          (G)     drying of air and other gases;

        1.  

          (H)     dew point and low-temperature effects;

    1.  

      (d)     health hazards including familiarization with health hazards relevant to the carriage of liquefied gas, covering —

      1.  

        (i)     toxicity, including —

        1.  

          (A)     the modes by which liquefied gases and their vapours may be toxic;

        1.  

          (B)     the toxic properties of inhibitors and of products of combustion of both materials of construction and of liquefied gases carried;

        1.  

          (C)     acute and chronic effects of toxicity, systemic poisons and irritants; and

        1.  

          (D)     the Threshold Limit Value (TLV),

      1.  

        (ii)     hazards of skin contact, inhalation and ingestion, and

      1.  

        (iii)     medical first aid and administration of antidotes;

    1.  

      (e)     cargo containment, including —

      1.  

        (i)     principles of containment systems,

      1.  

        (ii)     rules,

      1.  

        (iii)     surveys, and

      1.  

        (iv)     tank construction, materials, coatings, insulation and compatibility;

    1.  

      (f)     pollution, including —

      1.  

        (i)     hazards to human life and to the marine environment,

      1.  

        (ii)     the effect of specific gravity and solubility,

      1.  

        (iii)     danger from vapour cloud drift, and

      1.  

        (iv)     the jettisoning of cryogenic liquids;

    1.  

      (g)     cargo-handling systems, including —

      1.  

        (i)     a description of the main types of pumps and pumping arrangements and vapour-return systems, piping systems and valves,

      1.  

        (ii)     an explanation of —

        1.  

          (A)     pressure, vacuum, suction, flow, head filters and strainers;

        1.  

          (B)     expansion devices;

        1.  

          (C)     flame screens;

        1.  

          (D)     commonly used inert gases;

        1.  

          (E)     storage, generation and distribution systems;

        1.  

          (F)     temperature and pressure monitoring systems;

        1.  

          (G)     cargo vent systems;

        1.  

          (H)     liquid re-circulation and re-liquefaction systems;

        1.  

          (I)     cargo gauging, instrumentation systems and alarms;

        1.  

          (J)     gas detection and monitoring systems;

        1.  

          (K)     carbon dioxide monitoring systems;

        1.  

          (L)     cargo boil-off systems and auxiliary systems;

    1.  

      (h)     ship operating procedures, including —

      1.  

        (i)     loading and discharging preparations and procedures,

      1.  

        (ii)     checklists,

      1.  

        (iii)     cargo condition maintenance on passage and in harbour,

      1.  

        (iv)     segregation of cargoes and procedures for cargo transfer,

      1.  

        (v)     changing cargoes, tank cleaning procedures,

      1.  

        (vi)     cargo sampling,

      1.  

        (vii)     ballasting and deballasting,

      1.  

        (viii)     warm up and gas-freeing procedures, and

      1.  

        (ix)     procedures for cool down of a gas-free system from ambient temperature and the safety precautions involved;

    1.  

      (i)     safety practices and equipment including —

      1.  

        (i)     the function, calibration and use of portable measuring instruments,

      1.  

        (ii)     fire fighting equipment and procedures,

      1.  

        (iii)     breathing apparatus,

      1.  

        (iv)     resuscitators,

      1.  

        (vi)     escape sets,

      1.  

        (v)     rescue equipment,

      1.  

        (vi)     protective clothing and equipment,

      1.  

        (vii)     entry into enclosed spaces,

      1.  

        (viii)     precautions to be observed before and during repair and maintenance of cargo and control systems,

      1.  

        (ix)     supervision of personnel during potentially hazardous operations,

      1.  

        (x)     types and principles of certified safe electrical equipment and sources of ignition; and

    1.  

      (j)     emergency procedures including —

      1.  

        (i)     the importance of developing ship emergency plans,

      1.  

        (ii)     emergency shutdown of cargo operations,

      1.  

        (iii)     emergency cargo valve closing systems,

      1.  

        (iv)     action to be taken in the event of failure of systems or services essential to cargo,

      1.  

        (v)     and action to be taken following collision or stranding, spillage and envelopment of the ship in toxic or flammable vapour;

    1.  

      (k)     general principles of cargo operations including —

      1.  

        (i)     inerting cargo tank and void spaces,

      1.  

        (ii)     tank cool down and loading,

      1.  

        (iii)     operations during loaded and ballasted voyages,

      1.  

        (iv)     discharging and tank stripping, and

      1.  

        (v)     emergency procedures, including pre-planned action in the event of leaks, fire, collision, stranding, emergency cargo discharge and personnel casualty.

23.   Training and qualification of master, officer, rating and other personnel on board ro–ro passenger ship

  1.  

    (1)   This regulation applies to a master, officer, rating and other personnel serving on board a ro–ro passenger ship engaged in international voyages and the Minister or any person authorized by the Minister shall determine the applicability of these requirements to personnel serving on board a ro-ro passenger ship engaged in domestic voyages.

  1.  

    (2)   Prior to being assigned shipboard duties on board a ro–ro passenger ship, a seafarer shall complete the training required under subregulations (4) to (8) in accordance with their capacity, duties and responsibilities.

  1.  

    (3)   A seafarer who is required to be trained under subregulations (4), (7) and (8) shall, at intervals not exceeding 5 years, undertake appropriate refresher training or be required to provide evidence of having achieved the required standard of competence within the previous 5 years.

  1.  

    (4)   A master, officer, rating and other personnel designated on a muster list to assist passengers in emergency situations on board a ro-ro passenger ship shall complete training in crowd management under subregulation (10).

  1.  

    (5)   A master, officer, rating and other personnel assigned specific duties and responsibilities on board a ro–ro passenger ship shall complete the familiarization training under subregulation (11).

  1.  

    (6)   Personnel providing direct service to passengers in passenger spaces on board a ro–ro passenger ship shall complete the safety training specified in subregulation (12).

  1.  

    (7)   A master, chief mate, chief engineer officer, second engineer officer and a person assigned immediate responsibility for embarking and disembarking passengers, loading, discharging or securing cargo or closing hull openings on board a ro-ro passenger ship shall complete approved training in passenger safety, cargo safety and hull integrity under subregulation (13).

  1.  

    (8)   A master, chief mate, chief engineer officer, second engineer officer and any person having responsibility for the safety of passengers in emergency situations on board a ro-ro passenger ship shall complete approved training in crisis management and human behaviour under subregulation (14).

  1.  

    (9)   The Division shall ensure that documentary evidence of the training which is completed is issued to a person found qualified under this regulation.

  1.  

    (10)   The crowd management training required under subregulation (4) for personnel designated on a muster list to assist passengers in emergency situations includes —

    1.  

      (a)     awareness of life-saving appliance and control plans, including —

      1.  

        (i)     knowledge of the muster list and emergency instructions,

      1.  

        (ii)     knowledge of the emergency exits, and

      1.  

        (iii)     restrictions on the use of elevators;

    1.  

      (b)     the ability to assist passengers en route to muster and embarkation stations, including —

      1.  

        (i)     the ability to give clear reassuring orders,

      1.  

        (ii)     controlling passengers in corridors, staircases and passageways,

      1.  

        (iii)     maintaining escape routes clear of obstructions,

      1.  

        (iv)     using of methods available for evacuating disabled persons and persons needing special assistance, and

      1.  

        (v)     searching of accommodation spaces;

    1.  

      (c)     mustering procedures, including —

      1.  

        (i)     the importance of keeping order,

      1.  

        (ii)     the ability to use procedures for reducing and avoiding panic,

      1.  

        (iii)     the ability to use, where appropriate, passenger lists for evacuation counts, and

      1.  

        (iv)     the ability to ensure that the passengers are suitably clothed and have donned their lifejackets correctly.

  1.  

    (11)   The familiarization training required under subregulation (5) must ensure attainment of the abilities that are appropriate to the capacity to be filled and the duties and responsibilities to be taken up, as follows —

    1.  

      (a)     design and operational limitations, including the ability to properly understand and observe any operational limitations imposed on the ship and to understand and apply performance restrictions, including speed limitations in adverse weather, which are intended to maintain the safety of life, ship and cargo;

    1.  

      (b)     procedures for opening, closing and securing hull openings, including the ability to apply properly the procedures established for the ship regarding the opening, closing and securing of bow, stern, side doors and ramps, and to correctly operate the related systems;

    1.  

      (c)     legislation, codes and agreements affecting a ro–ro passenger ship, including the ability to understand and apply international and national requirements for a ro–ro passenger ship and the duties to be performed;

    1.  

      (d)     stability and stress requirements and limitations, including the ability to take proper account of stress limitations for sensitive parts of the ship such as bow doors and other closing devices that maintain watertight integrity and of special stability considerations which may affect the safety of a ro–ro passenger ship;

    1.  

      (e)     procedures for the maintenance of special equipment on board a ro–ro passenger ship, including the ability to apply properly the shipboard procedures for maintenance of equipment peculiar to a ro–ro passenger ship such as bow, stern, side doors, ramps, scuppers and associated systems;

    1.  

      (f)     loading and cargo securing manuals and calculators, including the ability to make proper use of the loading and securing manuals in respect of all types of vehicles and rail cars where applicable, and to calculate and apply stress limitations for vehicle decks;

    1.  

      (g)     dangerous cargo areas, including the ability to ensure proper observance of special precautions and limitations applying to designated dangerous cargo areas; and

    1.  

      (h)     emergency procedures including the ability to ensure proper application of any special procedures to —

      1.  

        (i)     prevent or reduce the ingress of water on vehicle decks,

      1.  

        (ii)     remove water from vehicle decks, and

      1.  

        (iii)     minimize effects of water on vehicle decks.

  1.  

    (12)   The additional safety training required under subregulation (6), shall ensure attainment of —

    1.  

      (a)     the ability to communicate with passengers during an emergency, having regard to —

      1.  

        (i)     the language appropriate to the principal nationalities of passengers carried on the particular route,

      1.  

        (ii)     the likelihood that an ability to use an elementary English vocabulary for basic instructions can provide a means of communicating with a passenger in need of assistance whether the passenger and crew member share a common language,

      1.  

        (iii)     the possible need to communicate during an emergency by some other means such as by demonstration, hand signals, calling attention to the location of instructions, muster stations, life-saving devices or evacuation routes, when oral communication is impractical,

      1.  

        (iv)     the extent to which complete safety instructions have been provided to passengers in their native language, and

      1.  

        (v)     the language in which emergency announcements may be broadcast during an emergency or drill to convey critical guidance to passengers and to facilitate crew members in assisting passengers;

    1.  

      (b)     the ability to demonstrate to passengers the use of personal life-saving appliances.

  1.  

    (13)   The passenger safety, cargo safety and hull integrity training required under subregulation (7), for a master, chief mate, chief engineer officer, second engineer officer and a person assigned immediate responsibility for embarking and disembarking passengers, for loading, discharging or securing cargo or for closing hull openings shall ensure attainment of the abilities that are appropriate to his or her duties and responsibilities as follows —

    1.  

      (a)     loading and embarkation procedures including the ability to apply properly the procedures established for the ship regarding —

      1.  

        (i)     loading and discharging vehicles, rail cars and other cargo transport units, including related communications,

      1.  

        (ii)     lowering and hoisting ramps,

      1.  

        (iii)     setting up and stowing retractable vehicle decks, and

      1.  

        (iv)     embarking and disembarking passengers, with special attention to disabled persons and persons needing special assistance;

    1.  

      (b)     carrying dangerous goods including the ability to apply any special safeguards, procedures and requirements regarding the carriage of dangerous goods on board a ro–ro passenger ship;

    1.  

      (c)     securing cargo including the ability to —

      1.  

        (i)     apply correctly the provisions of the Code of Safe Practice for Cargo Stowage and Securing to the vehicles, rail cars and other cargo transport units carried, and

      1.  

        (ii)     use properly the cargo-securing equipment and materials provided, taking into account their limitations;

    1.  

      (d)     stability, trim and stress calculations including the ability to —

      1.  

        (i)     make proper use of the stability and stress information provided,

      1.  

        (ii)     calculate stability and trim for different conditions of loading, using the stability calculators or computer programs provided,

      1.  

        (iii)     calculate load factors for decks, and

      1.  

        (iv)     calculate the impact of ballast and fuel transfers on stability, trim and stress;

    1.  

      (e)     opening, closing and securing hull openings including the ability to —

      1.  

        (i)     apply properly the procedures established for the ship regarding the opening, closing and securing of bow, stern and side doors and ramps,

      1.  

        (ii)     conduct surveys on proper sealing; and

    1.  

      (f)     ro–ro deck atmosphere including the ability to —

      1.  

        (i)     use equipment, where carried, to monitor atmosphere in ro–ro cargo spaces, and

      1.  

        (ii)     apply properly the procedures established for the ship for ventilation of ro–ro cargo spaces during loading and discharging of vehicles, while on voyage and in emergencies.

  1.  

    (14)   A master, chief mate, chief engineer officer, second engineer officer and any person having responsibility for the safety of passengers in emergency situations shall —

    1.  

      (a)     successfully complete the approved crisis management and human behaviour training required under subregulation (8), in accordance with his or her capacity, duties and responsibilities as set out in Part 1 of Schedule 1; and

    1.  

      (b)     provide evidence that the required standard of competence has been achieved in accordance with the methods and the criteria for evaluating competence set out in columns 3 and 4 of Part 1 of Schedule 1.

24.   Training and qualification of a master, officer, rating and other personnel on board a passenger ship other than a ro-ro passenger ship

  1.  

    (1)    This regulation applies to a master, officer, rating and other personnel serving on a passenger ship, other than a ro-ro passenger ship, engaged in international voyages and the Minister or any person authorized by the Minister shall determine the applicability of these requirements to personnel serving on passenger ships engaged on domestic voyages.

  1.  

    (2)   Prior to being assigned shipboard duties on board a passenger ship, a seafarer shall complete the training required under subregulations (4) to (8) in accordance with their capacity, duties and responsibilities.

  1.  

    (3)   A seafarer who is required to be trained under subregulations (4), (7) and (8) shall, at intervals not exceeding 5 years, undertake appropriate refresher training to be required to provide evidence of having achieved the required standard of competence within the previous 5 years.

  1.  

    (4)   Personnel designated on a muster list to assist passengers in emergency situations on board a passenger ship must complete training in crowd management under subregulation (10).

  1.  

    (5)   A master, officer and other personnel assigned specific duties and responsibilities on board a passenger ship must complete the familiarization training under subregulation (11).

  1.  

    (6)   Personnel providing direct service to passengers on board a passenger ship in passenger spaces must complete the safety training under subregulation (12).

  1.  

    (7)   A master, chief mate, and every person assigned immediate responsibility for embarking and disembarking passengers shall complete approved training in passenger safety as specified in subregulation (13).

  1.  

    (8)   A master, chief mate, chief engineer officer, second engineer officer and any person having responsibility for the safety of passengers in emergency situations on board a passenger ship shall complete approved training in crisis management and human behaviour under subregulation (14).

  1.  

    (9)   The Minister or any person authorized by the Minister shall ensure that documentary evidence of the training which is complete is issued to every person found qualified under this regulation.

  1.  

    (10)   The crowd management training required under subregulation (4) for personnel designated on a muster list to assist passengers in emergency situations includes —

    1.  

      (a)     the awareness of life-saving appliance and control plans, including —

      1.  

        (i)     knowledge of the muster list and emergency instructions,

      1.  

        (ii)     knowledge of the emergency exits, and

      1.  

        (iii)     restrictions on the use of elevators;

    1.  

      (b)     the ability to assist passengers en route to muster and embarkation stations, including —

      1.  

        (i)     the ability to give clear reassuring orders,

      1.  

        (ii)     the control of passengers in corridors, staircases and passage ways,

      1.  

        (iii)     maintaining escape routes clear of obstructions,

      1.  

        (iv)     methods available for evacuation of disabled persons and persons needing special assistance, and

      1.  

        (v)     search of accommodation spaces; and

    1.  

      (c)     the mustering procedures, including —

      1.  

        (i)     the importance of keeping order,

      1.  

        (ii)     the ability to use procedures for reducing and avoiding panic,

      1.  

        (iii)     the ability to use, where appropriate, passenger lists for evacuation counts, and

      1.  

        (iv)     the ability to ensure that the passengers are suitably clothed and have donned their lifejackets correctly.

  1.  

    (11)   The familiarization training required under subregulation (5) must ensure attainment of the abilities that are appropriate to the capacity to be filled and the duties and responsibilities to be taken up including design and operational limitations that include the ability to properly understand and observe any operational limitations imposed on the ship and to understand and apply performance restrictions, including speed limitations in adverse weather, which are intended to maintain the safety of life and the ship.

  1.  

    (12)   The additional safety training required under subregulation (6) must ensure attainment of —

    1.  

      (a)     the ability to communicate with passengers during an emergency, having regard to —

      1.  

        (i)     the language appropriate to the principal nationalities of passengers carried on a particular route,

      1.  

        (ii)     the likelihood that an ability to use an elementary English vocabulary for basic instructions can provide a means of communicating with a passenger in need of assistance whether the passenger and crew member share a common language,

      1.  

        (iii)     the possible need to communicate during an emergency by some other means, such as by demonstration, or hand signals, or calling attention to the location of instructions, muster stations, life-saving devices or evacuation routes, when oral communication is impractical,

      1.  

        (iv)     the extent to which complete safety instructions have been provided to passengers in their native language, and

      1.  

        (v)     the language in which emergency announcements may be broadcast during an emergency or drill to convey critical guidance to passengers and to facilitate crew members in assisting passengers; and

    1.  

      (b)     the ability to demonstrate to passengers the use of personal life-saving appliances.

  1.  

    (13)   The passenger safety training required under subregulation (7) for a master, chief mate and a person assigned immediate responsibility for embarking and disembarking passengers must ensure attainment of the ability appropriate to his or her duties and responsibilities to embark and disembark passengers with special attention to disabled persons and persons needing special assistance.

  1.  

    (14)   A master, chief mate, chief engineer officer, second engineer officer and a person having responsibility for the safety of passengers in emergency situations shall —

    1.  

      (a)     successfully complete the approved training in crisis management and human behaviour required under subregulation (8), in accordance with his or her capacity, duties and responsibilities as set out in Part 1 of Schedule 1; and

    1.  

      (b)     provide evidence that the required standard of competence is achieved in accordance with the methods and the criteria for evaluating competence set out in columns 3 and 4 of Part 1 of Schedule 1.

25.   Basic training

  1.  

    (1)   A seafarer employed or engaged in any capacity on board a ship, on the business of that ship as part of the complement of the ship, with designated safety or pollution-prevention duties in the operation of the ship shall, before being assigned to any shipboard duties —

    1.  

      (a)     receive basic training or instruction in —

      1.  

        (i)     personal survival techniques as set out in Part 2 of Schedule 1,

      1.  

        (ii)     fire prevention and firefighting as set out in Part 3 of Schedule 1,

      1.  

        (iii)     elementary first aid as set out in Part 4 of Schedule 1, and

      1.  

        (iv)     personal safety and social responsibilities as set out in Part 5 of Schedule 1;

    1.  

      (b)     provide evidence of having achieved the required standard of competence to undertake the tasks, duties and responsibilities listed in column 1 of Parts 2, 3, 4 and 5 of Schedule 1 within the previous 5 years through —

      1.  

        (i)     a demonstration of competence, in accordance with the methods and the criteria for evaluating competence set out in columns 3 and 4 of Parts 2, 3, 4 and 5 of Schedule 1, and

      1.  

        (ii)     an examination or a continuous assessment as part of an approved training programme in the subjects listed in column 2 of Parts 2, 3, 4 and 5 of Schedule 1.

  1.  

    (2)   The Minister or a person authorized by the Minister may, if he or she considers that the size of the ship and the length or character of its voyage are such as to render the application of the full requirements of this regulation unreasonable or impracticable, exempt the seafarers on such a ship from some of the requirements, having regard to the safety of people on board, the ship and property and the protection of the marine environment.

  1.  

    (3)   Subregulation (2) applies to ships other than passenger ships of more than 500 GT engaged in international voyages and tankers.

26.   Familiarization, basic safety training and instruction for seafarer

A seafarer shall receive familiarization and basic training or instruction and shall before being assigned to shipboard duties, receive approved familiarization training in personal survival techniques or receive sufficient information and instruction to be able to —

  1.  

    (a)     communicate with other persons on board with respect to elementary safety matters and understand safety information symbols, signs and alarm signals;

  1.  

    (b)     respond to —

    1.  

      (i)     a person who falls overboard,

    1.  

      (ii)     a fire or the detection of smoke,

    1.  

      (iii)     the sounding of the fire alarm or the abandon ship alarm;

  1.  

    (c)     identify muster and embarkation stations and emergency escape routes;

  1.  

    (d)     locate and don lifejackets;

  1.  

    (e)     raise the alarm and have basic knowledge of the use of portable fire extinguishers;

  1.  

    (f)     take immediate action upon encountering an accident or other medical emergency before seeking further medical assistance on board; and

  1.  

    (g)     close and open the fire, weather tight and watertight doors fitted in the particular ship other than those for hull openings.

27.   Training in advanced firefighting

  1.  

    (1)   A seafarer designated to control firefighting operations shall complete advanced training in techniques for firefighting with particular emphasis on organization, tactics and command under these Regulations and shall meet the standard of competence under subregulation (3).

  1.  

    (2)   Where training in advanced firefighting is not included in the qualifications for the certificate to be issued, a special certificate or documentary evidence, must be issued indicating that the holder has attended a course of training in advanced firefighting.

  1.  

    (3)   For the purposes of subregulation (1), the standard of competence to be met by a seafarer designated to control firefighting operations are —

    1.  

      (a)     successful completion of advanced training in techniques for firefighting, with particular emphasis on organization, tactics and command;

    1.  

      (b)     to demonstrate competence to undertake the tasks, duties and responsibilities listed in column 1 of the table set out in Part 6 of Schedule 1; and

    1.  

      (c)     the level of knowledge and understanding of the subjects listed in column 2 of the table set out in Part 6 of Schedule 1 is sufficient for the effective control of firefighting operations on board a ship.

  1.  

    (4)   A candidate for certification under this regulation shall provide evidence of having achieved the required standard of competence within the previous 5 years, in accordance with the methods for demonstrating competence and the criteria for evaluating competence listed in columns 3 and 4 of the table set out in Part 6 of Schedule 1.

28.   Medical first aid and medical care

  1.  

    (1)   A seafarer designated to provide medical first aid on board a ship shall meet the standard of competence in medical first aid under subregulation (4).

  1.  

    (2)   A seafarer designated to take charge of medical care on board a ship shall meet the standard of competence in medical care on board ship under subregulation (6).

  1.  

    (3)   Where training in medical first aid or medical care is not included in the qualifications for the certificate issued, a special certificate or documentary evidence must be issued indicating that the holder has attended a course of training in medical first aid or medical care.

  1.  

    (4)   For the purposes of subregulation (1), the standards of competence for a seafarer designated to provide medical first aid on board a ship are —

    1.  

      (a)     to demonstrate the competence to undertake the tasks, duties and responsibilities listed in column 1 of the table set out in Part 7 of Schedule 1;

    1.  

      (b)     the level of knowledge of the subjects listed in column 2 of the table set out in Part 7 of Schedule 1 is sufficient to enable the designated seafarer to take immediate effective action in the case of accidents or illness likely to occur on board a ship.

  1.  

    (5)   A candidate for certification under subregulation (1) shall provide evidence that the required standard of competence is achieved in accordance with the methods for demonstrating competence and the criteria for evaluating competence listed in columns 3 and 4 of the table set out in Part 7 of Schedule 1.

  1.  

    (6)   For the purposes of subregulation (2), the standards of competence to be met by a seafarer who is designated to take charge of medical care on board a ship are —

    1.  

      (a)     to demonstrate the competence to undertake the tasks, duties and responsibilities listed in column 1 of the table set out in Part 7 of Schedule 1;

    1.  

      (b)     the level of knowledge of the subjects listed in column 2 of the table set out in Part 7 of Schedule 1 is sufficient to enable the designated seafarer to take immediate effective action in the case of accidents or illness likely to occur on board a ship.

  1.  

    (7)   A candidate for certification under subregulation (2) shall provide evidence that the required standard of competence is achieved in accordance with the methods for demonstrating competence and the criteria for evaluating competence listed in columns 3 and 4 of the table set out in Part 7 of Schedule 1.

29.   Type rating training for high speed craft

  1.  

    (1)   The level of competence and the training considered necessary in respect of a master and each crew member must be laid down and demonstrated in the light of the following guidelines to the satisfaction of the company in respect of the particular type and model of high speed craft and the service intended and more than one crew member must be trained to perform all essential operational tasks in normal and emergency situations.

  1.  

    (2)   The Minister or any person authorized by the Minister shall specify an appropriate period of operational training for the master and each member of the crew and, if necessary, the periods at which appropriate retraining must be carried out.

  1.  

    (3)   The Minister or any person authorized by the Minister must issue a type rating certificate to the master and all officers having an operational role following an appropriate period of operational or simulator training and on the conclusion of an examination including a practical test commensurate with the operational tasks on board the particular type and model of high speed craft and the route followed and the type rating training must cover the following —

    1.  

      (a)     knowledge of all on-board propulsion and control systems, including communication and navigational equipment, steering, electrical, hydraulic and pneumatic systems and bilge and fire pumping;

    1.  

      (b)     the failure mode of the control, steering and propulsion systems and proper response to such failures;

    1.  

      (c)     handling characteristics of the high speed craft and the limiting operational conditions;

    1.  

      (d)     bridge communication and navigation procedures;

    1.  

      (e)     intact and damage stability and survivability of the high speed craft in damage condition;

    1.  

      (f)     location and use of the life-saving appliances of the high speed craft, including survival craft equipment;

    1.  

      (g)     location and use of escapes in the high speed craft and the evacuation of passengers;

    1.  

      (h)     location and use of fire protection and fire-extinguishing appliances and systems in the event of fire on board;

    1.  

      (i)     location and use of damage control appliances and systems, including operation of watertight doors and bilge pumps;

    1.  

      (j)     cargo and vehicle stowage and securing systems;

    1.  

      (k)     methods for control of and communication with passengers in an emergency; and

    1.  

      (l)     location and use of all other items listed in the training manual.

  1.  

    (4)   The type rating certificate for a particular type and model of high speed craft is only valid for service on the route to be followed when it is endorsed by the Minister or any person authorized by the Minister following the completion of a practical test over that route.

  1.  

    (5)   The type rating certificate must be re-validated every 2 years and the Minister or any person authorized by the Minister shall set the procedures for re-validation.

  1.  

    (6)   A company shall ensure that the type rating training for passenger high speed craft is implemented and for all crew members, the type rating training covers the control and evacuation of passengers.

  1.  

    (7)   When a passenger high speed craft carries cargo, the high speed craft must comply with subregulation (8).

  1.  

    (8)   A company shall ensure that type rating training is implemented and for all crew members, the type rating training for cargo high speed craft covers knowledge of cargo and vehicles storage areas.

PART 2
CERTIFICATION
Division 1
Master and deck department

30.   Certification of officer in charge of a navigational watch on a seagoing ship of 500 GT or more

  1.  

    (1)   A person shall not serve as an officer in charge of a navigational watch on a seagoing ship of 500 GT or more unless that person holds a valid certificate of competence.

  1.  

    (2)   A person who contravenes subregulation (1) commits an offence and is liable on summary conviction to a fine not exceeding $10,000 or to imprisonment for a term not exceeding one year or to both such fine and imprisonment.

  1.  

    (3)   A person may make an application to the Minister for a certificate if the person —

    1.  

      (a)     is 18 years of age;

    1.  

      (b)     has approved seagoing service of one year as part of an approved training programme which includes on-board training which meets the requirements of this regulation and is documented in an approved training record book, or otherwise has approved seagoing service of 3 years;

    1.  

      (c)     has performed, during the required seagoing service, bridge watch-keeping duties under the supervision of the master or a qualified officer for a period of 6 months;

    1.  

      (d)     meets the applicable requirements of these Regulations for performing designated radio duties in accordance with the Radio Regulations; and

    1.  

      (e)     completes approved education and training and meets the standard of competence under subregulation (4).

  1.  

    (4)   For the purposes of subregulation (3)(e), the standard of competence to be met by a candidate for certification are —

    1.  

      (a)     to demonstrate the competence to undertake, at an operational level, the tasks, duties and responsibilities listed in column 1 of the table set out in Part 8 of Schedule 1;

    1.  

      (b)     to hold a certificate for performing VHF radio-communications in accordance with the requirements of the Radio Regulations;

    1.  

      (c)     if designated to have primary responsibility for radio-communications during distress incidents, to hold an appropriate certificate issued or recognized under the provisions of the Radio Regulations;

    1.  

      (d)     to demonstrate the minimum knowledge, understanding and proficiency listed in column 2 of the table set out in Part 8 of Schedule 1;

    1.  

      (e)     to demonstrate the level of knowledge of the subjects listed in column 2 of the table set out in Part 8 of Schedule 1 which is sufficient for officers in charge of the navigational watch to carry out watch-keeping duties; and

    1.  

      (f)     training and experience to achieve the necessary level of theoretical knowledge, understanding and proficiency based on the principles to be observed in keeping a navigational watch.

  1.  

    (5)   A person who makes an application for a certificate under this regulation shall provide evidence of having achieved the required standard of competence in accordance with the methods for demonstrating competence and the criteria for evaluating competence listed in columns 3 and 4 of Part 8 of Schedule 1.

  1.  

    (6)   The following subjects may be omitted from the subjects listed in column 2 of Part 8 of Schedule 1 for issue of restricted certificates for service on near-coastal voyages, having regard to the safety of all ships which may be operating in the same waters —

    1.  

      (a)     celestial navigation; and

    1.  

      (b)     electronic systems of position fixing and navigation that do not cover the waters for which the certificate is valid.

  1.  

    (7)   An application under this regulation must be accompanied by the fee specified in the Shipping (Fees) Regulations.

31.   Certification of master and chief mate on a seagoing ship of 500 GT or more

  1.  

    (1)   A person shall not serve as a master and chief mate on a seagoing ship of 3,000 GT or more unless that person holds a valid certificate.

  1.  

    (2)   A person who contravenes subregulation (1) commits an offence and is liable on summary conviction to a fine not exceeding $10,000 or to imprisonment for a term of not exceeding one year or to both such fine and imprisonment.

  1.  

    (3)   A person may make an application to the Minister for a certificate if the person —

    1.  

      (a)     meets the requirements for certification as an officer in charge of a navigational watch on ships of 500 GT or more and have approved seagoing service in that capacity —

      1.  

        (i)     for certification as chief mate, for one year, and

      1.  

        (ii)     for certification as master, for 3 years; however, this period may be reduced to 2 years if one year of such seagoing service is served as chief mate; and

    1.  

      (b)     completes approved education and training and meets the standard of competence under subregulation (4).

  1.  

    (4)   For the purposes of subregulation (3)(b), the standards of competence to be met by a candidate for certification are —

    1.  

      (a)     to demonstrate the competence, at the management level, the tasks, duties and responsibilities listed in column 1 of the table set out in Part 9 of Schedule 1;

    1.  

      (b)     to demonstrate the minimum knowledge, understanding and proficiency required for certification listed in column 2 of the table set out in Part 9 of Schedule 1.

  1.  

    (5)   Notwithstanding subregulation (4)(b), the level of theoretical knowledge, understanding and proficiency required under the different sections in column 2 of the table set out in Part 9 of Schedule 1 may be varied according to whether the certificate is valid for a ship of 3,000 GT or more or for a ship between 500 GT and 3,000 GT.

  1.  

    (6)   A person shall provide evidence of having achieved the required standard of competence in accordance with the methods for demonstrating competence and the criteria for evaluating competence specified in columns 3 and 4 of the table set out in Part 9 of Schedule 1.

  1.  

    (7)   An application for a certificate under this regulation must be accompanied by the fee specified under the Shipping (Fees) Regulations.

  1.  

    (8)   The Minister may issue a certificate restricted to service on a ship engaged exclusively on near-coastal voyages and, for the issue of such a certificate, may exclude such subjects as are not applicable to the waters or a ship, having regard to the effect on the safety of all ships which may be operating in the same waters.

32.   Certification of master and chief mate on a seagoing ship of between 500 GT and 3,000 GT

  1.  

    (1)   A person shall not serve as a master and a chief mate on a seagoing ship of between 500 GT and 3,000 GT unless that person holds a valid certificate.

  1.  

    (2)   A person who contravenes subregulation (1) commits an offence and is liable on summary conviction to a fine not exceeding $10,000 or to imprisonment for a term not exceeding one year or to both such fine and imprisonment.

  1.  

    (3)   A person may make an application for a certificate if the person —

    1.  

      (a)     in the case of a certificate as chief mate, meets the requirements of an officer in charge of a navigational watch on a ship of between 500 GT and 3,000 GT;

    1.  

      (b)     in the case of a certificate as master, meets the requirements of an officer in charge of a navigational watch on a ship of between 500 GT and 3,000 GT or more and have approved seagoing service of —

      1.  

        (i)     three years in that capacity,

      1.  

        (ii)     two years if one year of such seagoing service is served as chief.

33.   Certification of officer in charge of a navigational watch on a seagoing ship of less than 500 GT

  1.  

    (1)   A person shall not serve as an officer in charge of a navigational watch on a seagoing ship of less than 500 GT that is not engaged in near-coastal voyages unless that person holds a certificate under regulation 30.

  1.  

    (2)   A person shall not serve as a master on a seagoing ship of less than 500 GT that is not engaged in near-coastal voyages unless that person holds a valid certificate under regulation 31.

  1.  

    (3)   A person shall not serve as an officer in charge of a navigational watch or a master on a seagoing ship of less than 500 GT that is engaged in near-coastal voyages unless that person holds a valid certificate.

  1.  

    (4)   A person who contravenes subregulation (1), (2) or (3) commits an offence and is liable on summary conviction to a fine not exceeding $10,000 or to imprisonment for a term not exceeding one year or to both such fine and imprisonment.

  1.  

    (5)   A person may make an application for a certificate as an officer in charge of a navigational watch under subregulation (3) to the Minister if the person —

    1.  

      (a)     is 18 years of age;

    1.  

      (b)     completes —

      1.  

        (i)     special training, including an adequate period of appropriate seagoing service as required by the Minister or any person authorized by the Minister, or

      1.  

        (ii)     approved seagoing service in the deck department of 3 years;

    1.  

      (c)     meets the applicable requirements of these Regulations for performing designated radio duties in accordance with the Radio Regulations; and

    1.  

      (d)     completes approved education and training and meets the standard of competence under subregulation (7).

  1.  

    (6)   A person may make an application for a certificate as a master on a seagoing ship of less than 500 GT that is engaged in near-coastal voyages if the person —

    1.  

      (a)     is 20 years of age;

    1.  

      (b)     is approved for seagoing service of one year as officer in charge of a navigational watch; and

    1.  

      (c)     completes approved education and training and meets the standard of competence under subregulation (7).

  1.  

    (7)   For the purposes of subregulations 5(d) and (6)(c), the standard of competence to be met by a candidate for certification are —

    1.  

      (a)     to demonstrate the competence to undertake, at operational level, the tasks, duties and responsibilities listed in column 1 of the table set out in Part 10 of Schedule 1;

    1.  

      (b)     to hold an appropriate certificate for performing VHF radio-communications in accordance with the requirements of the Radio Regulations;

    1.  

      (c)     if designated to have primary responsibility for radio-communications during distress incidents, to hold an appropriate certificate issued or recognized under the provisions of the Radio Regulations;

    1.  

      (d)     to demonstrate the minimum knowledge, understanding and proficiency required for certification listed in column 2 of the table set out in Part 10 of Schedule 1.

  1.  

    (8)   A person shall provide evidence of achieving the required standard of competence in accordance with the methods for demonstrating competence and the criteria for evaluating competence specified in columns 3 and 4 of the table set out in Part 10 of Schedule 1.

  1.  

    (9)   A person may make an application for a certificate as master on a ship of less than 500 GT that is engaged in near-coastal voyages, if the person provides evidence of knowledge and ability to carry out all the duties of such a master.

  1.  

    (10)   An application made under this regulation must be accompanied by the fee specified in the Shipping (Fees) Regulations.

34.   Certification of rating forming part of a navigational watch

  1.  

    (1)   Subject to subregulation (2), a person shall not serve as a rating forming part of a navigational watch on a seagoing ship of 500 GT or more unless that person holds a valid certificate of competency.

  1.  

    (2)   Subregulation (1) does not apply to a rating under training or a rating whose duties while on watch are of an unskilled nature.

  1.  

    (3)   A person who contravenes subregulation (1) commits an offence and is liable on summary conviction to a fine not exceeding $10,0000 or to imprisonment for a term not exceeding 2 years or to both such fine and imprisonment.

  1.  

    (4)   A person may make an application for a certificate under subregulation (1) if the person —

    1.  

      (a)     is 16 years of age;

    1.  

      (b)     completes —

      1.  

        (i)     an approved seagoing service including 6 months training and experience, or

      1.  

        (ii)     a special training, ashore or on board ship, including an approved period of seagoing service of 2 months; and

    1.  

      (c)     meets the standards of competence under subregulation (6).

  1.  

    (5)   The seagoing service, training and experience required by sub-regulation (4)(b)(i) and (ii) must be associated with navigational watch-keeping functions and involve the performance of duties carried out under the direct supervision of the master, the officer in charge of the navigational watch or a qualified rating.

  1.  

    (6)   For the purposes of subregulation (4), the standards of competence to be met by a candidate for certification are —

    1.  

      (a)     to demonstrate the competence to perform the navigation function at the support level, as specified in column 1 of the table set out in Part 11 of Schedule 1;

    1.  

      (b)     to demonstrate the minimum knowledge, understanding and proficiency required of ratings forming part of a navigational watch on a seagoing ship of 500 GT or more listed in column 2 of the table set out in Part 11 of Schedule 1.

  1.  

    (7)   A candidate for certification shall provide evidence of achieving the required standard of competence in accordance with the methods for demonstrating competence and the criteria for evaluating competence specified in columns 3 and 4 of the table set out in Part 11 of Schedule 1.

  1.  

    (8)   The reference to “practical test” in column 3 of the table set out in Part 11 of Schedule 1 includes approved shore-based training in which the students undergo practical testing.

Division 2
Engine department

35.   Certification of officer in charge of an engineering watch in a manned engine-room or a designated duty engineer in a periodically unmanned engine-room

  1.  

    (1)   A person shall not serve as an officer in charge of an engineering watch in a manned engine-room or a designated duty engineer officer in a periodically unmanned engine-room on a seagoing ship powered by main propulsion machinery of 750 kW propulsion power or more unless that person holds a valid certificate issued under these Regulations.

  1.  

    (2)   A person who contravenes subregulation (1) commits an offence and is liable on summary conviction to a fine not exceeding $10,000 or to imprisonment for a term not exceeding 2 years or to both such fine and imprisonment.

  1.  

    (3)   A person may make an application for a certificate under subregulation (1) if the person —

    1.  

      (a)     is 18 years of age;

    1.  

      (b)     completes 6 months seagoing service in the engine department in accordance with these Regulations; and

    1.  

      (c)     completes approved education and training of 21/2 years which includes on-board training documented in an approved training record book and meets the standards of competence specified under subregulation (5).

  1.  

    (4)   The education and training required by subregulation (3)(c) includes training in mechanical and electrical workshop skills relevant to the duties of an engineer officer.

  1.  

    (5)   For the purposes of subregulation (3)(b), the standards of competence to be met by a candidate for certification are —

    1.  

      (a)     to demonstrate ability to undertake, at the operational level, the tasks, duties and responsibilities listed in column 1 of the table set out in Part 12 of Schedule 1;

    1.  

      (b)     to demonstrate the minimum knowledge, understanding and proficiency required for certification listed in column 2 of the table set out in Part 12 of Schedule 1.

  1.  

    (6)   In the case of candidates for certification for service in ships in which steam boilers do not form part of their machinery, the Minister or any person authorized by the Minister may omit the relevant requirements of Part 12 of the table set out in Schedule 1.

  1.  

    (7)   A candidate for certification shall provide evidence of achieving the required standard of competence in accordance with the methods for demonstrating competence and the criteria for evaluating competence specified in columns 3 and 4 of the table set out in Part 12 of Schedule 1.

  1.  

    (8)   The requirements of this regulation may be varied for an engineer officer of a ship powered by main propulsion machinery of less than 3,000 kW propulsion power engaged on near-coastal voyages, having regard to the effect on the safety of all ships which may be operating in the same waters, and such limitation must be stated on the certificate and in the endorsement.

36.   Certification of chief engineer officer and second engineer officer on a seagoing ship powered by main propulsion machinery of 3,000 kW propulsion power or more

  1.  

    (1)   A person shall not serve as a chief engineer officer or second engineer officer on a seagoing ship powered by main propulsion machinery of 3,000 kW propulsion power or more unless that person holds a valid certificate.

  1.  

    (2)   A person who contravenes subregulation (1) commits an offence and is liable on summary conviction to a fine not exceeding $10,000 or to imprisonment for a term not exceeding 2 years or to both such fine and imprisonment.

  1.  

    (3)   A person may make an application for a certificate under subregulation (1) if the person —

    1.  

      (a)     meets the requirements for certification as an officer in charge of an engineering watch and —

      1.  

        (i)     in the case of an application as a second engineer officer, shall have one year's approved seagoing service as assistant engineer officer or engineer officer, and

      1.  

        (ii)     in the case of an application as a chief engineer officer, shall have 3 years approved seagoing service of which one year is served as an engineer officer in a position of responsibility while qualified to serve as second engineer officer; and

    1.  

      (b)     completes approved education and training and meets the standards of competence specified under subregulation (4).

  1.  

    (4)   For the purposes of subregulation (3)(b), the standard of competence to be met by a candidate for certification are —

    1.  

      (a)     to demonstrate ability to undertake, at the management level, the tasks, duties and responsibilities listed in column 1 of the table set out in Part 13 of Schedule 1;

    1.  

      (b)     to possess the minimum knowledge, understanding and proficiency listed in column 2 of the table set out in Part 13 of Schedule 1.

  1.  

    (5)   A candidate for certification shall provide evidence of achieving the required standard of competence in accordance with the methods for demonstrating competence and the criteria for evaluating competence listed in columns 3 and 4 of the table set out in Part 13 of Schedule 1.

37.   Certification of chief engineer officer and second engineer officer on a seagoing ship powered by main propulsion machinery of between 750 kW and 3,000 kW propulsion power

  1.  

    (1)   A person shall not serve as a chief engineer officer and a second engineer officer on a seagoing ship powered by main propulsion machinery of between 750 kW and 3,000 kW propulsion power unless that person holds a valid certificate.

  1.  

    (2)   A person who contravenes subregulation (1) commits an offence and is liable on summary conviction to a fine not exceeding $10,000 or to imprisonment for a term not exceeding one year or to both such fine and imprisonment.

  1.  

    (3)   A person may make an application for a certificate under subregulation (1) if the person —

    1.  

      (a)     meets the requirements for certification as an officer in charge of an engineering watch —

      1.  

        (i)     in the case of certification as a second engineer officer, has a year approved seagoing service as an assistant engineer officer or an engineer officer,

      1.  

        (ii)     in the case of certification as a chief engineer officer, has 2 years approved seagoing service of which one year shall be served while qualified to serve as a second engineer officer; and

    1.  

      (b)     completes approved education and training and meets the standards of competence specified under subregulation (5).

  1.  

    (4)   An engineer officer who is qualified to serve as a second engineer officer on a ship powered by main propulsion machinery of 3,000 kW propulsion power or more, may serve as a chief engineer officer on a ship powered by main propulsion machinery of less than 3,000 kW propulsion power, where one year's approved seagoing service is served as an engineer officer in a position of responsibility and the certificate is so endorsed.

  1.  

    (5)   For the purposes of subregulation (3)(b), the standards of competence to be met by a candidate for certification are —

    1.  

      (a)     to demonstrate ability to undertake, at management level, the tasks, duties and responsibilities listed in column 1 of the table set out in Part 13 of Schedule 1;

    1.  

      (b)     to possess the minimum knowledge, understanding and proficiency required for certification listed in column 2 of the table set out in Part 13 of Schedule 1.

  1.  

    (6)   The requirements under subregulation (5)(a) and (b) may be varied for officers of a ship engaged in near-coastal voyages, as considered necessary, having regard to the effect on the safety of all ships which may be operating in the same waters.

  1.  

    (7)   A candidate for certification shall provide evidence of achieving the required standard of competence in accordance with the methods for demonstrating competence and the criteria for evaluating competence specified in columns 3 and 4 of the table set out in Part 13 of Schedule 1.

38.   Certification of rating forming part of a watch in a manned engine-room or designated to perform duties in a periodically unmanned engine-room

  1.  

    (1)   A person shall not serve as a rating forming part of a watch in a manned engine-room or designated to perform duties in a periodically unmanned engine-room on a seagoing ship powered by main propulsion machinery of 750 kW propulsion power or more, other than a rating under training and a rating whose duties are of an unskilled nature, unless that person holds a valid certificate.

  1.  

    (2)   A person who contravenes subregulation (1) commits an offence and is liable on summary conviction to a fine not exceeding $10,000 or to imprisonment for a term not exceeding 2 years or to both such fine and imprisonment.

  1.  

    (3)   A person may make an application for a certificate under subregulation (1) if the person —

    1.  

      (a)     is 16 years of age;

    1.  

      (b)     completes —

      1.  

        (i)     an approved seagoing service, including, 6 months training and experience, or

      1.  

        (ii)     a special training, ashore or on board ship, including an approved period of seagoing service of 2 months; and

    1.  

      (c)     meets the standards of competence specified under subregulation (5).

  1.  

    (4)   The seagoing service, training and experience required by subregulation (3)(b)(i) and (ii) must be associated with engine-room watch keeping functions and involve the performance of duties carried out under the direct supervision of a qualified engineer officer or a qualified rating.

  1.  

    (5)   For the purposes of subregulation (3)(c), the standards of competence to be met by a candidate for certification are —

    1.  

      (a)     to demonstrate the competence to perform the marine engineering function at the support level, as specified in column 1 of the table set out in Part 14 of Schedule 1;

    1.  

      (b)     to possess the minimum knowledge, understanding and proficiency required of ratings forming part of an engine-room watch that is listed in column 2 of the table set out in Part 14 of Schedule 1.

  1.  

    (6)   A candidate for certification shall provide evidence of achieving the required standard of competence in accordance with the methods for demonstrating competence and the criteria for evaluating competence specified in columns 3 and 4 of the table set out in Part 14 of Schedule 1.

  1.  

    (7)   The reference to “practical test” in column 3 of the table set out in Part 14 of Schedule 1 includes approved shore-based training in which the student undergoes practical testing.

39.   Certificate of proficiency in survival craft, rescue boats and fast rescue boats

  1.  

    (1)   A person shall not serve on a survival craft, rescue boat or fast rescue boat unless that person holds a valid certificate of proficiency in survival craft, rescue boats or fast rescue boats issued under these Regulations.

  1.  

    (2)   A person who contravenes subregulation (1) commits an offence and is liable on summary conviction to a fine not exceeding $10,000 or imprisonment for a term not exceeding 2 years or to both such fine and imprisonment.

  1.  

    (3)   A person may make an application for a certificate under subregulation (1) if the person —

    1.  

      (a)     is 18 years of age;

    1.  

      (b)     has approved seagoing service of one year, or has attended an approved training course and has approved seagoing service of 6 months; and

    1.  

      (c)     meets the standards of competence for certificates of proficiency in survival craft and rescue boats other than fast rescue boats specified under subregulation (5).

  1.  

    (4)   A candidate for a certificate of proficiency in fast rescue boats must —

    1.  

      (a)     have a certificate of proficiency in survival craft and rescue boats other than fast rescue boats;

    1.  

      (b)     attend an approved training course; and

    1.  

      (c)     meets the standard of competence for certificates of proficiency in survival craft and rescue boats other than fast rescue boats specified under subregulation (5).

  1.  

    (5)   For the purposes of subregulation (4)(c), the standards of competence to be met by a candidate for a certificate of proficiency in survival craft and rescue boats other than fast rescue boats are —

    1.  

      (a)     to demonstrate competence to undertake the tasks, duties and responsibilities listed in column 1 of the table set out in Part 15 of Schedule 1;

    1.  

      (b)     the level of knowledge of the subjects listed in column 2 of the table set out in Part 15 of Schedule 1 that is sufficient to enable the candidate to launch and take charge of a survival craft or rescue boat in emergency situations.

  1.  

    (6)   A candidate for certification under subregulation (3) shall provide evidence of achieving the required standard of competence within the previous 5 years through —

    1.  

      (a)     a demonstration of competence to undertake the tasks, duties and responsibilities listed in column 1 of the table set out in Part 15 of Schedule 1, in accordance with the methods for demonstrating competence and the criteria for evaluating competence listed in columns 3 and 4 of the table set out in Part 15 of Schedule 1; and

    1.  

      (b)     an examination or continuous assessment as part of an approved training programme covering the material set out in column 2 of the table set out in Part 15 of Schedule 1.

  1.  

    (7)   For the purposes of subregulation (4), the standard of competence to be met by a candidate for a certificate of proficiency in fast rescue boats are —

    1.  

      (a)     to demonstrate competence to undertake the tasks, duties and responsibilities listed in column 1 of the table set out in Part 15 of Schedule 1;

    1.  

      (b)     the level of knowledge of the subjects listed in column 2 of Part 15 of Schedule 1 is sufficient to enable the candidate to launch and take charge of a fast rescue boat in emergency situations.

  1.  

    (8)   A candidate for certification under subregulation (4) shall provide evidence of achieving the required standard of competence within the previous 5 years through —

    1.  

      (a)     a demonstration of competence to undertake the tasks, duties and responsibilities listed in column 1 of the table set out in Part 15 of Schedule 1, in accordance with the methods for demonstrating competence and the criteria for evaluating competence listed in columns 3 and 4 of the table set out in Part 15 of Schedule 1; and

    1.  

      (b)     an examination or continuous assessment as part of an approved training programme covering the material set out in column 2 of the table set out in Part 15 of Schedule 1.

Division 3
Radio-communication and radio personnel

40.   Certificate of global maritime distress and safety system radio for personnel

  1.  

    (1)   A person in charge of or performing radio duties on a ship shall not participate in the global maritime distress and safety system unless that person holds a valid certificate related to the global maritime distress and safety system, issued or recognized by the Minister or any person authorized by the Minister under the provisions of the Radio Regulations.

  1.  

    (2)   A person who contravenes subregulation (1) commits an offence and is liable to the penalty imposed under the Radio Regulations.

  1.  

    (3)   Without prejudice to subregulation (1), a candidate for certification under this regulation for service on a ship which is required by the Safety Convention to have a radio installation must —

    1.  

      (a)     be 18 years of age; and

    1.  

      (b)     complete approved education and training and meet the standards of competence specified under subregulation (4).

  1.  

    (4)   For the purposes of subregulation (3)(b), the standards of competence to be met by a candidate for certification are —

    1.  

      (a)     the minimum knowledge, understanding and proficiency required for certification of global maritime distress and safety system radio personnel that is sufficient for radio personnel to carry out radio duties;

    1.  

      (b)     the knowledge required for obtaining each type of certificate defined in the Radio Regulations is in accordance with those Regulations;

    1.  

      (c)     to demonstrate ability to undertake the tasks, duties and responsibilities listed in column 1 of the table set out in Part 16 of Schedule 1;

    1.  

      (d)     the knowledge, understanding and proficiency for endorsement under these Regulations of certificates issued under the provisions of the Radio Regulations listed in column 2 of the table set out in Part 16 of Schedule 1;

    1.  

      (e)     the level of knowledge of the subjects listed in column 2 of the table set out in Part 16 of Schedule 1 that is sufficient for the candidate to carry out his or her duties.

  1.  

    (5)   A candidate shall provide evidence of achieving the required standard of competence through —

    1.  

      (a)     a demonstration of competence to perform the tasks and duties and to assume responsibilities listed in column 1 of the table set out in Part 16 of Schedule 1, in accordance with the methods for demonstrating competence and the criteria for evaluating competence listed in columns 3 and 4 of the table set out in Part 16 of Schedule 1; and

    1.  

      (b)     an examination or continuous assessment as part of an approved course of training based on the material set out in column 2 of the table set out in Part 16 of Schedule 1.

Division 4
High speed craft

41.   Certificate of competence for high speed craft

  1.  

    (1)     A person shall not serve as an engineer officer on a high speed craft unless that person holds a valid motor or steam certificate of competence.

  1.  

    (2)     A person who contravenes subregulation (1) commits an offence and is liable on summary conviction to a fine of $10,000 or to imprisonment for a term not exceeding 2 years or to both such fine and imprisonment.

42.   Type rating certificate

  1.  

    (1)   A person shall not serve as a deck officer on a seagoing or non-seagoing high speed craft unless that person holds a valid type rating certificate.

  1.  

    (2)   A person who contravenes subregulation (1) commits an offence and is liable on summary conviction to a fine of $10,000 or to imprisonment for 2 years or to both such fine and imprisonment.

43.   Deck rating certificate

  1.  

    (1)   A person shall not serve as a rating or other personnel on a high speed craft unless that person holds a deck rating certificate.

  1.  

    (2)   A person who contravenes subregulation (1) commits an offence and is liable on summary conviction to a fine not exceeding $10,000 or to imprisonment for a term not exceeding 2 years or to both such fine and imprisonment.

Division 5
General

44.   Grant or refusal of certificate

  1.  

    (1)   The Division shall conduct assessments, in order to ascertain competence for certification for all certificates of competence.

  1.  

    (2)   The Division shall, once it is duly satisfied that the assessment is properly administered, conducted and evaluated, according to the report of the Board of Examiners —

    1.  

      (a)     officially notify the candidate of the results;

    1.  

      (b)     advise the candidates who were unsuccessful of the reasons why they were unsuccessful; and

    1.  

      (c)     give recommendations to the candidates for retraining or re-sitting the assessment.

45.   Issue of certificate

  1.  

    (1)   Certificates for masters, officers or ratings must be issued to candidates who, to the satisfaction of the Minister or any person authorized by the Minister, meet the requirements for service, age, medical fitness, training, qualification and examinations.

  1.  

    (2)   A certificate issued under these Regulations is in Form 1 as set out in Schedule 2.

46.   Endorsements

  1.  

    (1)   The endorsement required by these Regulations to attest the issue of a certificate shall only be issued if all the requirements of these Regulations have been complied with.

  1.  

    (2)   An endorsement —

    1.  

      (a)     may be issued as a separate document;

    1.  

      (b)     must each be assigned a unique number, except that endorsements attesting the issue of a certificate may be assigned the same number as the certificate, that number is unique; and

    1.  

      (c)     expires as soon as the certificate endorsed expires or is withdrawn, suspended or cancelled and, in any case, not more than 5 years after the date of issue.

  1.  

    (3)   The capacity in which the holder of a certificate is authorized to serve must be identified in the form of an endorsement in terms identical to those used in the applicable safe manning requirements of the Minister or any person authorized by the Minister.

  1.  

    (4)   Certificates for masters and officers issued in compliance with this regulation must be endorsed by the Minister or any person authorized by the Minister in Form 2 as set out in Schedule 2.

47.   Revalidation of certificate

  1.  

    (1)   A master, officer and radio operator holding a certificate issued or recognized under these Regulations, who is serving at sea or intends to return to sea after a period ashore, shall, in order to continue to qualify for seagoing service, at intervals not exceeding 5 years —

    1.  

      (a)     meet the standards of medical fitness specified in any other law;

    1.  

      (b)     establish continued professional competence in accordance with these Regulations.

  1.  

    (2)   A master, officer and radio operator shall, for continuing seagoing service on board a ship for which special training requirements are internationally agreed upon, complete approved training.

  1.  

    (3)   Continued professional competence under subregulation (1)(b) is established by —

    1.  

      (a)     completing an approved seagoing service, performing functions appropriate to the certificate held, for a period of one year in total during the preceding 5 years;

    1.  

      (b)     having performed functions considered to be equivalent to the seagoing service required under paragraph (a); or

    1.  

      (c)     one of the following —

      1.  

        (i)     passing an approved test,

      1.  

        (ii)     completing an approved course, or

      1.  

        (iii)     completing an approved seagoing service, performing functions appropriate to the certificate held, for a period of 3 months in a supernumerary capacity, or in a lower officer rank than that for which the certificate held is valid immediately prior to taking up the rank for which it is valid.

  1.  

    (4)   A refresher and updating course shall be approved and include changes in relevant national and international standards with regard to the safety of life at sea and the protection of the marine environment and take account of the standards of competence.

48.   Recognition of certificate

  1.  

    (1)   The Minister or any person authorized by the Minister may, when issuing a certificate under these Regulations, accept seagoing service, education and training acquired under the authority of another country, provided the country complies with these Regulations for the issuing of a certificate and ensures that the requirements of these Regulations relating to seagoing service, education, training and competence are complied with.

  1.  

    (2)   Where the Minister or any person authorized by the Minister withdraws an endorsement of recognition of certificate for disciplinary reasons, the Minister or any person authorized by the Minister shall inform the country that issued the certificate of the circumstances.

  1.  

    (3)   An endorsement of recognition of a certificate is in Form 3 as set out in Schedule 2.

49.   Dispensation

  1.  

    (1)   Where the Minister or any person authorized by the Minister is of the opinion that danger to persons, property or the environment would not be caused, the Minister or any person authorized by the Minister may issue a dispensation permitting a specified seafarer to serve in a specified ship for a specified period not exceeding 6 months in a capacity, other than that of the radio officer or radio telephone operator, except as provided by the Radio Regulations, for which he or she does not hold a valid certificate, provided that the person to whom the dispensation is issued is adequately qualified to fill the vacant post in a safe manner, to the satisfaction of the Minister or any person authorized by the Minister.

  1.  

    (2)   Notwithstanding subregulation (1), a dispensation must not be granted to a master or chief engineer officer except in circumstances of force majeure and then only for the shortest possible period.

  1.  

    (3)   A dispensation granted for a post must be granted only to a person properly certified to fill the post immediately below.

  1.  

    (4)   Where certification of the post below is not required by these Regulations, a dispensation may be issued to a person whose qualification and experience are, in the opinion of the Minister or any person authorized by the Minister, of a clear equivalence to the requirements for the post to be filled, provided that, if such a person holds no valid certificate, he or she is required to pass a test accepted by the Minister or a person authorized by the Minister as demonstrating that such a dispensation may safely be issued and the Minister or any person authorized by the Minister shall ensure that the post in question is filled by the holder of a valid certificate as soon as possible.

  1.  

    (5)   The Minister or any person authorised by the Minister shall, as soon as possible after the 1st day of January of each year, send a report to the Secretary-General of the total number of dispensations that have been issued during the year to seagoing ships in respect of each capacity for which a certificate is required, together with the number of seagoing ships above and below 1,600 GT.

50.   Register

The Minister or any person authorized by the Minister shall —

  1.  

    (a)     maintain a register of all certificates and endorsements for masters and officers and, as appropriate, ratings, that are issued, expired, revalidated, suspended, cancelled or reported lost or destroyed and of dispensations issued; and

  1.  

    (b)     make available information on the status of such certificates, endorsements and dispensations and companies which request verification of the authenticity and validity of certificates produced by seafarers seeking recognition of their certificates or employment on board a ship.

PART 3
MANNING

51.   Responsibility of company, master and others for manning

  1.  

    (1)   This regulation applies to a Saint Lucian ship.

  1.  

    (2)   A company shall ensure that —

    1.  

      (a)     a seafarer assigned to any of its ships holds a certificate in respect of any function he or she performs on that ship;

    1.  

      (b)     a seafarer on any of its ships has training specified in these Regulations in respect of any function that he or she performs on that ship; and

    1.  

      (c)     documentation and data relevant to all seafarers employed on its ships are maintained and readily available for inspection and include, documentation and data on their experience, training, medical fitness and competence in assigned duties.

  1.  

    (3)   Nothing under subregulation (2) prohibits the allocation of tasks for training under supervision or in case of force majeure.

  1.  

    (4)   A company shall provide written instructions to the master of each of its ships setting out the policies and procedures to be followed to ensure that all seafarers who are newly employed on board the ship are given a reasonable opportunity to become familiar with the shipboard equipment, operating procedures and other arrangements needed for the proper performance of their duties, before being assigned to those duties.

  1.  

    (5)   The policies and procedures referred to under subregulation (4) include —

    1.  

      (a)     allocation of a reasonable period of time during which each newly employed seafarer will have an opportunity to become acquainted with —

      1.  

        (i)     the specific equipment the seafarer will be using or operating, and

      1.  

        (ii)     ship-specific watch keeping, safety, environmental protection and emergency procedures and arrangements the seafarer needs to know to perform the assigned duties properly; and

    1.  

      (b)     designation of a knowledgeable crew member who will be responsible for ensuring that an opportunity is provided to each newly employed seafarer to receive essential information in a language the seafarer understands.

  1.  

    (6)   In assessing a minimum level of manning required an owner or operator shall take account of the following factors —

    1.  

      (a)     the length and nature of voyage and trading area;

    1.  

      (b)     any special requirements of the trade involved;

    1.  

      (c)     number, size and type of main propulsion units and auxiliaries;

    1.  

      (d)     size of ship; and

    1.  

      (e)     construction and technical equipment of ship.

  1.  

    (7)   In ensuring that personnel do not work more hours than is safe, an owner or operator shall —

    1.  

      (a)     identify the functions to be undertaken on board a ship during a representative voyage;

    1.  

      (b)     identify the skills and experience required to perform the functions;

    1.  

      (c)     identify the functions in normal operations which need to be undertaken concurrently;

    1.  

      (d)     determine the minimum number of personnel required to undertake concurrent operations safely;

    1.  

      (e)     establish working arrangements, working language on a passenger ship, to ensure the master and crew are capable of undertaking concurrent and continuing operations with respect to their skills and training; and

    1.  

      (f)     ensure that the working arrangements allow for sufficient rest periods to avoid fatigue and draw up work schedules accordingly.

  1.  

    (8)   An owner or operator may provide the number of certified deck and engineer officers and ratings appropriate to different sizes of ships, tonnages and trading areas specified in the table set out in Schedule 3.

  1.  

    (9)   Notwithstanding subregulation (8), the number of ratings required may be determined by the factors under subregulations (6) and (7) and owners and operators shall seek to obtain a good balance between skilled and less skilled and between experienced and less experienced ratings.

  1.  

    (10)   A company shall ensure that, in relation to every ship to which these Regulations apply, of 24 m length and above and all passenger ships of any size and any other ships to which these Regulations do not apply, except where there is a voluntary application by the company, and for any ship which the Minister determines, an application is made to the Minister for a safe manning certificate.

  1.  

    (11)   An application under subregulation (10) must be accompanied by a proposal as to the number and grade of personnel the company considers to carry so that the ship would be safely manned if it proceeded to sea on any intended voyage.

52.   Safe manning certificate

  1.  

    (1)   The Minister shall issue a safe manning certificate if he or she considers a ship to be safely manned where the crew includes sufficient officers and ratings with appropriate skills and experience to ensure that the following capabilities are available —

    1.  

      (a)     maintenance of a safe bridge watch at sea, which includes general surveillance of the vessel;

    1.  

      (b)     mooring and unmooring a vessel effectively and safely;

    1.  

      (c)     operation and maintenance of effectively all watertight closing arrangements including the ability to mount an effective damage control party;

    1.  

      (d)     operation and, when practicable, maintenance of efficient fire equipment and lifesaving appliances is provided, including the ability to muster and disembark passengers and non-essential personnel;

    1.  

      (e)     management of the safety functions of a vessel at sea, when not under way;

    1.  

      (f)     maintenance of a safe engineering watch at sea and general surveillance of spaces containing main propulsion and auxiliary machinery;

    1.  

      (g)     operation and maintenance of a safe condition in the main propulsion and auxiliary machinery to enable the ship to overcome the foreseeable perils of the voyage;

    1.  

      (h)     maintenance of the safety arrangements and the cleanliness of machinery spaces to minimize the risk of fire;

    1.  

      (i)     provision for medical care on board ship;

    1.  

      (j)     maintenance of a safe radio watch;

    1.  

      (k)     maintenance of the precautions and safeguards necessary to protect the marine environment; and

    1.  

      (l)     maintenance of the safety in all ship operations when in port.

  1.  

    (2)   An owner or operator may make an application to the Minister for a safe manning certificate in Form 4 as set out in Schedule 2.

53.   Keeping of safe manning certificate on board

The master of a ship 24 m in length and above and a passenger ship of any size shall ensure that the ship does not proceed to sea unless there is on board a valid safe manning certificate issued in respect of the ship and the manning of the ship complies with that certificate.

54.   Change in circumstances

A company shall after the issue of a safe manning certificate, inform the Minister as soon as any of the circumstances which are pertinent to that safe manning certificate change, for the purpose of enabling the Minister to review the continuing validity of the certificate or approve new proposals from the company.

55.   Manning of survival craft and supervision of high speed craft

The company and the master shall ensure that —

  1.  

    (a)     a sufficient number of trained persons are on board for mustering and assisting untrained persons;

  1.  

    (b)     a sufficient number of crew members, who may be deck officers or certified persons, are on board for operating the survival craft, rescue boats and launching arrangements required for abandonment by the total number of persons on board;

  1.  

    (c)     a deck officer or certified person is placed in charge of each survival craft to be used recognizing, however, that the Minister or any person authorized by the Minister, having due regard to the nature of the voyage, the number of persons on board and the characteristics of the craft, may permit a deck officer or certified person practiced in the handling and operating of life rafts to be placed in charge of each life raft or group of life rafts;

  1.  

    (d)     the persons referred to in paragraphs (a) to (c) are equitably distributed among the survival craft;

  1.  

    (e)     the person in charge of a survival craft has a list of the survival craft crew and sees that those crew members are acquainted with their duties; and

  1.  

    (f)     every rescue boat and lifeboat has a person assigned who is capable of operating the engine and carrying out minor adjustments.

PART 4
WATCHKEEPING

56.   Fitness for duty

  1.  

    (1)   A person who is assigned the duty of an officer in charge of a watch or a rating forming part of a navigational watch must be provided a minimum of ten hours of rest in any 24 hour period.

  1.  

    (2)   The hours of rest may be divided into no more than 2 periods, one of which is at least 6 hours in length.

  1.  

    (3)   The requirements for rest periods specified in subregulations (1) and (2) may not be maintained in the case of an emergency, drill or other overriding operational condition.

  1.  

    (4)   Notwithstanding subregulations (1) and (2), the minimum period of 10 hours may be reduced to 6 consecutive hours but any such reduction must not extend beyond 2 days and not less than 72 of rest for each 7-day period.

  1.  

    (5)   The watch schedule must be posted in a place on board the ship where it is easily accessible.

57.   Watchkeeping arrangement and principles to be observed

  1.  

    (1)   A company, master, chief engineer officer and all watchkeeping personnel shall ensure that a safe continuous watch or a watch appropriate to the prevailing circumstances and conditions is maintained in a seagoing ship at all times in accordance with internationally accepted standards.

  1.  

    (2)   The master of a ship shall ensure that the watchkeeping arrangement is adequate for maintaining a safe watch, taking into account the prevailing circumstances and conditions and that, under the general direction of the master —

    1.  

      (a)     an officer in charge of the navigational watch is responsible for navigating the ship safely during periods of duty and is physically present on the navigating bridge or in a directly associated location such as the chartroom or bridge control room at all times;

    1.  

      (b)     a radio operator maintains a continuous radio watch on appropriate frequencies during periods of duty;

    1.  

      (c)     an officer in charge of an engineering watch and under the direction of the chief engineer officer, is immediately available and on call to attend the machinery spaces and, when required, physically present in the machinery space during periods of responsibility; and

    1.  

      (d)     an appropriate and effective watch is maintained for the purpose of safety at all times, while the ship is at anchor or moored and, if the ship is carrying hazardous cargo, the organization of such watch takes full account of the nature, quantity, packing and stowage of the hazardous cargo and of any special conditions prevailing on board, afloat or ashore.

Division 1
Voyage or route planning

58.   General requirements for voyage and route planning

  1.  

    (1)   The intended voyage must be planned in advance, taking into consideration all pertinent information, and the route planned must be checked before the voyage commences.

  1.  

    (2)   The chief engineer officer shall, in consultation with the master, determine in advance, the needs of the intended voyage, taking into consideration the requirements for fuel, water, lubricants, chemicals, expendable and other spare parts, tools, supplies and any other requirements.

59.   Planning prior to each voyage

Prior to each voyage the master of a ship shall ensure that the intended route from the port of departure to the first port of call is planned using adequate and appropriate charts and other nautical publications necessary for the intended voyage, containing accurate, complete and up-to-date information regarding those navigational limitations and hazards which are of a permanent or predictable nature and which are relevant to the safe navigation of the ship.

60.   Verification and display of planned route

When the route planning is verified taking into consideration all pertinent information, the planned route must be clearly displayed on appropriate charts and be continuously available to the officer in charge of the watch, who shall verify each route to be followed prior to using the route during the voyage.

61.   Deviation from planned route

Where a decision is made, during voyage, to change the next port of call in the planned route, or if it is necessary for the ship to deviate substantially from the planned route for other reasons, an amended route must be planned prior to deviating substantially from the route originally planned.

Division 2
Watchkeeping at sea

62.   Principles applying to watchkeeping generally

  1.  

    (1)   A company, master, chief engineer officer and watchkeeping personnel shall observe principles under this regulation to ensure that a safe watch is maintained at all times.

  1.  

    (2)   The master of a ship shall ensure that the watchkeeping arrangement is adequate for maintaining a safe navigational watch.

  1.  

    (3)   Under the general direction of the master, the officer of the navigational watch shall navigate the ship safely during periods of duty, particularly when there is a concern to avoid collision and stranding.

  1.  

    (4)   The chief engineer officer of a ship shall, in consultation with the master, ensure that the watchkeeping arrangement is adequate to maintain a safe engineering watch.

63.   Protection of marine environment

A master, officer and rating shall be aware of the serious effects of operational or accidental pollution of the marine environment and shall take all possible precautions to prevent such pollution, particularly within the framework of relevant international and port requirements.

Division 3
Navigational watch

64.   Principles to be observed in keeping a navigational watch

The officer in charge of the navigational watch is the master's representative and is primarily responsible at all times for the safe navigation of the ship and for complying with the Shipping (Distress Signals and Prevention of Collision) Regulations.

65.   Look-out

  1.  

    (1)   A proper look-out must be maintained at all times under the Shipping (Distress Signals and Prevention of Collisions) Regulations and serves the purpose of —

    1.  

      (a)     maintaining a continuous state of vigilance by sight and hearing as well as by all other available means, with regard to a significant change in the operating environment;

    1.  

      (b)     fully appraising the situation and the risk of collision, stranding and other dangers to navigation; and

    1.  

      (c)     detecting a ship or aircraft in distress, shipwrecked persons, wrecks, debris and other hazards to safe navigation.

  1.  

    (2)   A look-out must be able to give full attention to keep a proper look-out and no other duties must be undertaken or assigned which could interfere with that task.

  1.  

    (3)   The duties of the look-out and helmsperson are separate and the helmsperson shall not be considered to be the look-out while steering, except in small ships where an unobstructed all-round view is provided at the steering position and there is no impairment of night vision or other impediment to keep a proper look-out.

  1.  

    (4)   An officer in charge of the navigational watch may be the sole look-out in daylight where, on each such occasion —

    1.  

      (a)     the situation is carefully assessed and it is established without doubt that it is safe to do so;

    1.  

      (b)     full account is taken of all relevant factors, including —

      1.  

        (i)     the state of the weather,

      1.  

        (ii)     the visibility,

      1.  

        (iii)     the traffic density,

      1.  

        (iv)     the proximity of any danger to navigation, and

      1.  

        (v)     the attention necessary when navigating in or near traffic separation schemes; and

    1.  

      (c)     assistance is immediately available to be summoned to the bridge when any change in the situation so requires.

  1.  

    (5)   In determining that the composition of the navigational watch is adequate to ensure that a proper look-out is continuously maintained, the master shall take into account all relevant factors, including —

    1.  

      (a)     the visibility or the state of the weather and sea;

    1.  

      (b)     the traffic density, and other activities occurring in the area in which the vessel is navigating;

    1.  

      (c)     the attention necessary when navigating in or near traffic separation;

    1.  

      (d)     the additional workload caused by the nature of the functions of the ship, immediate operating requirements and anticipated manoeuvres, schemes or other routing measures;

    1.  

      (e)     the fitness for duty of any crew member on call who is assigned as a member of the watch;

    1.  

      (f)     the knowledge of and confidence in the professional competence of the officers and crew of the ship;

    1.  

      (g)     the experience of each officer of the navigational watch, and the familiarity of that officer with the equipment, procedures, and manoeuvring capability of the ship;

    1.  

      (h)     activities taking place on board the ship at any particular time, including radio-communication activities and the availability of assistance to be summoned immediately to the bridge when necessary;

    1.  

      (i)     the operational status of bridge instruments and controls, including alarm systems;

    1.  

      (j)     rudder and propeller control and ship manoeuvring characteristics;

    1.  

      (k)     the size of the ship and the field of vision available from the conning position;

    1.  

      (l)     the configuration of the bridge, to the extent such configuration might inhibit a member of the navigational watch from detecting by sight or hearing any external development; and

    1.  

      (m)     any other relevant standard, procedure or guidance relating to a watchkeeping arrangement and fitness for duty which has been adopted by the IMO.

66.   Navigational watch arrangement

When deciding the composition of the navigational watch on the bridge, which may include appropriately qualified ratings, the following factors must be taken into account —

  1.  

    (a)     at no time must the bridge be left unattended;

  1.  

    (b)     the weather conditions, visibility and whether there is daylight or darkness;

  1.  

    (c)     the proximity of navigational hazards which may make it necessary for the officer in charge of the navigational watch to carry out additional navigational duties;

  1.  

    (d)     the use and operational condition of navigational aids such as electronic chart display and information reform radar or electronic position-indicating devices and any other equipment affecting the safe navigation of the ship;

  1.  

    (e)     whether the ship is fitted with automatic steering;

  1.  

    (f)     whether there are radio duties to be performed;

  1.  

    (g)     unmanned machinery space controls, alarms and indicators provided on the bridge, procedures for their use and limitations; and

  1.  

    (h)     any unusual demands on the navigational watch that may arise as a result of special operational circumstances.

67.   Taking over the navigational watch

  1.  

    (1)   An officer in charge of the navigational watch shall not hand over the navigational watch to a relieving officer if there is reason to believe that the relieving officer is not capable of carrying out the watchkeeping duties effectively, in which case the master shall be notified.

  1.  

    (2)   A relieving officer shall ensure that each member of the relieving navigational watch is fully capable of performing his or her duties, particularly with regard to adjusting to night vision and, shall not take over the navigational watch until his or her vision is fully adjusted to the light conditions.

  1.  

    (3)   Prior to taking over the navigational watch, a relieving officer shall satisfy himself or herself of the estimated or true position of the ship and confirm the intended track, route, speed, and unmanned machinery space controls and shall note any danger to navigation expected to be encountered during the navigational watch.

  1.  

    (4)   A relieving officer shall satisfy himself or herself regarding the —

    1.  

      (a)     standing orders and other special instructions of the master relating to navigation of the ship;

    1.  

      (b)     position, route, speed and draught of the ship;

    1.  

      (c)     prevailing and predicted tides, currents, weather, visibility and the effect of these factors upon the route and speed;

    1.  

      (d)     procedures for the use of main engines to manoeuvre when the main engines are on bridge control; and

    1.  

      (e)     navigational situation, including —

      1.  

        (i)     the operational condition of all navigational and safety equipment being used or likely to be used during the navigational watch,

      1.  

        (ii)     the errors of gyro-compasses and magnetic compasses,

      1.  

        (iii)     the presence and movement of ships in sight or known to be in the vicinity,

      1.  

        (iv)     the conditions and hazards likely to be encountered during the navigational watch, and

      1.  

        (v)     the possible effects of heel, trim, water density and squat on under-keel clearance.

  1.  

    (5)   Where at any time the officer in charge of the navigational watch is to be relieved when a manoeuvre or other action to avoid any hazard is taking place, the relief of that officer must be deferred until such action is complete.

68.   Performing the navigational watch

  1.  

    (1)   An officer in charge of the navigational watch shall —

    1.  

      (a)     keep the watch on the bridge;

    1.  

      (b)     in no circumstances leave the bridge until properly relieved;

    1.  

      (c)     continue to be responsible for the safe navigation of the ship, notwithstanding the presence of the master on the bridge, until informed specifically that the master has assumed that responsibility and this is mutually understood; and

    1.  

      (d)     notify the master when in any doubt as to the action that needs to be taken in the interest of safety.

  1.  

    (2)   During the navigational watch the route steered, position and speed must be checked at sufficiently frequent intervals, using any available navigational aids necessary, to ensure that the ship follows the planned route.

  1.  

    (3)   An officer in charge of the navigational watch shall have full knowledge of the location and operation of all safety and navigational equipment on board the ship and shall be aware and take account of the operating limitations of such equipment.

  1.  

    (4)   An officer in charge of the navigational watch shall not be assigned or undertake any duties which would interfere with the safe navigation of the ship.

  1.  

    (5)   An officer of the navigational watch shall make the most effective use of all navigational equipment at his or her disposal.

  1.  

    (6)   When using the radar, an officer in charge of the navigational watch shall have regard to the necessity to comply at all times with the provisions on the use of radar under the Shipping (Distress Signals and Prevention of Collisions) Regulations.

  1.  

    (7)   In cases of distress, an officer in charge of the navigational watch shall —

    1.  

      (a)     not hesitate to use the helm, engine and sound signalling apparatus;

    1.  

      (b)     give timely notice of intended variations of engine speed where possible; or

    1.  

      (c)     make effective use of unmanned machinery space engine controls provided on the bridge in accordance with the applicable procedures.

  1.  

    (8)   An officer of the navigational watch must know the handling characteristics of the ship, including the stopping distance, and must appreciate that other ships may have different handling characteristics.

  1.  

    (9)   A proper record shall be kept during the navigational watch of the movements and activities relating to the navigation of the ship.

  1.  

    (10)   In a ship with a separate chartroom, an officer on navigational watch may visit the chartroom, when necessary, for a short period for the performance of navigational duties, but shall first ensure that it is safe to do so and that a proper look-out is maintained.

  1.  

    (11)   Operational tests of shipboard navigational equipment must be carried out at sea as frequently as practicable and as circumstances permit, in particular, before a hazardous condition affecting navigation is expected.

  1.  

    (12)   An operational test under subregulation (11) must, whenever appropriate, be recorded and carried out prior to port arrival and departure.

  1.  

    (13)   An officer in charge of the navigational watch shall make regular checks to ensure that —

    1.  

      (a)     the person steering the ship or the automatic pilot is steering the correct route;

    1.  

      (b)     the standard compass error is determined at least once during a navigational watch and, when possible, after any major alteration of route; by frequently comparing the standard compass and gyro-compass and by synchronizing the repeaters with the master compass;

    1.  

      (c)     the automatic pilot is tested manually once a navigational watch;

    1.  

      (d)     the navigation and signal lights and other navigational equipment are functioning properly;

    1.  

      (e)     the radio equipment is functioning properly in accordance with these Regulations; and

    1.  

      (f)     the unmanned machinery space controls, alarms and indicators are functioning properly

  1.  

    (14)   An officer in charge of the navigational watch shall keep in mind the necessity to comply at all times with the Safety Convention and the officer in charge of the navigational watch shall take into account —

    1.  

      (a)     the need to station a person to steer the ship and to put the steering into manual control in good time to allow any potentially hazardous situation to be dealt with in a safe manner; and

    1.  

      (b)     that with a ship under automatic steering, it is highly dangerous to allow a situation to develop to the point where the officer in charge of the navigational watch is without assistance and has to break the continuity of the look-out in order to take emergency action.

  1.  

    (15)   An officer of the navigational watch shall be familiar with the use of all electronic navigational aids carried, including their capabilities and limitations and shall use each of navigational aid when appropriate and shall bear in mind that the echo-sounder is a valuable navigational aid.

  1.  

    (16)   An officer in charge of the navigational watch shall use the radar whenever restricted visibility is encountered or expected, and at all times in congested waters, having due regard to the limitations of the radar.

  1.  

    (17)   An officer in charge of the navigational watch shall ensure that range scales employed are changed at sufficiently frequent intervals so that echoes are detected as early as possible bearing in mind that small or poor echoes may escape detection.

  1.  

    (18)   Where radar is in use, the officer in charge of the navigational watch shall select an appropriate range scale and observe the display carefully, and shall ensure that plotting or systematic analysis is commenced in ample time.

  1.  

    (19)   An officer in charge of the navigational watch shall notify the master immediately —

    1.  

      (a)     if restricted visibility is encountered or expected;

    1.  

      (b)     if the traffic conditions or the movements of other ships cause concern;

    1.  

      (c)     if difficulty is experienced in maintaining the route;

    1.  

      (d)     on failure to sight land, a navigation mark or to obtain soundings by the expected time;

    1.  

      (e)     if, unexpectedly, land or a navigation mark is sighted or a change in soundings occurs;

    1.  

      (f)     on breakdown of the engines, propulsion machinery remote control, steering gear or any essential navigational equipment, alarm or indicator;

    1.  

      (g)     if the radio equipment malfunctions;

    1.  

      (h)     in heavy weather, if in any doubt about the possibility of weather damage;

    1.  

      (i)     if the ship meets any hazard to navigation, such as ice or a derelict; and

    1.  

      (j)     in any other emergency or if in any doubt as to what decision or measures to take.

  1.  

    (20)   Notwithstanding the requirement to notify the master under subregulation (19), the officer in charge of the navigational watch shall not hesitate to take immediate action for the safety of the ship, where circumstances so require.

  1.  

    (21)   An officer in charge of the navigational watch shall give watchkeeping personnel all appropriate instructions and information that will ensure safe watchkeeping, including a proper look-out.

Division 4
Watchkeeping under different conditions and in different areas

69.   Clear weather

If there is clear weather, an officer in charge of the navigational watch shall —

  1.  

    (a)     take frequent and accurate compass bearings of approaching ships as a means of early detection of risk of collision and bear in mind that such risk may sometimes exist even when an appreciable bearing change is evident, particularly when approaching a very large ship, a tow or a ship at close range;

  1.  

    (b)     take early and positive action in compliance with the Shipping (Distress Signals and Prevention of Collisions) Regulations and subsequently check that such action has the desired effect;

  1.  

    (c)     whenever possible, carry out radar practice.

70.   Restricted visibility

  1.  

    (1)   When restricted visibility is encountered or expected, the first responsibility of the officer in charge of the navigational watch is to comply with the Shipping (Distress Signals and Prevention of Collisions) Regulations with particular regard to the sounding of fog signals, proceeding at a safe speed and having the engines ready for immediate manoeuvre.

  1.  

    (2)   Without limiting the generality of subregulation (1), the officer in charge of the navigational watch shall —

    1.  

      (a)     inform the master;

    1.  

      (b)     post a proper look-out;

    1.  

      (c)     exhibit navigation lights; and

    1.  

      (d)     operate and use the radar.

71.   Hours of darkness

A master and an officer in charge of the navigational watch, when arranging look-out duty for hours of darkness, shall have due regard to the bridge equipment and navigational aids available for use and the limitations, procedures and safeguards implemented for the bridge equipment and navigational aids available for use.

72.   Coastal and congested waters

  1.  

    (1)   The largest scale chart on board, suitable for the area and corrected with the latest available information, must be used.

  1.  

    (2)   Fixes must be taken at frequent intervals and must be carried out by more than one method whenever circumstances allow.

  1.  

    (3)   An officer in charge of the navigational watch shall identify all relevant navigation marks.

73.   Navigation with pilot on board

  1.  

    (1)   Notwithstanding the duties and obligations of a pilot, his or her presence on board does not relieve the master or officer in charge of the navigational watch from his or her duties and obligations for the safety of the ship.

  1.  

    (2)   A master and a pilot shall exchange information regarding navigation procedures, local conditions and the characteristics of the ship.

  1.  

    (3)   A master or an officer in charge of the navigational watch shall co-operate closely with a pilot and maintain an accurate check on the position and movement of the ship.

  1.  

    (4)   Where in any doubt as to the actions or intentions of a pilot, an officer in charge of the navigational watch shall seek clarification from the pilot and, if doubt still exists, shall notify the master immediately and take whatever action is necessary before the master arrives.

74.   Ship at anchor

  1.  

    (1)   Where the master considers it necessary, a continuous navigational watch shall be maintained at anchor.

  1.  

    (2)   While at anchor, the officer in charge of the navigational watch shall —

    1.  

      (a)     determine and plot the position of the ship on the appropriate chart as soon as practicable;

    1.  

      (b)     when circumstances permit, check at sufficiently frequent intervals whether the ship is remaining securely at anchor by taking bearings of fixed navigation marks or readily identifiable shore objects;

    1.  

      (c)     ensure that proper look-out is maintained;

    1.  

      (d)     ensure that inspection rounds of the ship are made periodically;

    1.  

      (e)     observe meteorological and tidal conditions and the state of the sea;

    1.  

      (f)     notify the master and undertake all necessary measures if the ship drags anchor;

    1.  

      (g)     ensure that the state of readiness of the main engines and other machinery is in accordance with the instructions of the master;

    1.  

      (h)     if visibility deteriorates, notify the master;

    1.  

      (i)     ensure that the ship exhibits the appropriate lights and shapes and that appropriate sound signals are made in accordance with all applicable regulations; and

    1.  

      (j)     take measures to protect the environment from pollution by the ship and comply with pollution laws.

Division 5
Engineering watch

75.   Engineering watch

An officer in charge of the engineering watch is the representative of the chief engineer officer and is responsible —

  1.  

    (a)     primarily, at all times, for the safe and efficient operation and upkeep of machinery affecting the safety of the ship;

  1.  

    (b)     for the inspection, operation and testing, as required, of all machinery and equipment under the responsibility of the engineering watch.

76.   Engineering watch arrangement

  1.  

    (1)   The composition of the engineering watch must, at all times, be adequate to ensure the safe operation of all machinery affecting the operation of the ship, in either automated or manual mode, and be appropriate to the prevailing circumstances and conditions.

  1.  

    (2)   When deciding the composition of the engineering watch, which may include appropriately qualified ratings, the following criteria, must be considered —

    1.  

      (a)     the type of ship and the type and condition of the machinery;

    1.  

      (b)     the adequate supervision, at all times, of machinery affecting the safe operation of the ship;

    1.  

      (c)     any special modes of operation dictated by conditions such as weather, ice, contaminated water, shallow water, emergency conditions, damage containment or pollution abatement;

    1.  

      (d)     the qualifications and experience of the engineering watch;

    1.  

      (e)     the safety of life, ship, cargo and port, and protection of the environment;

    1.  

      (f)     the observance of international, national and local regulations; and

    1.  

      (g)     maintaining the normal operations of the ship.

77.   Taking over the engineering watch

  1.  

    (1)   An officer in charge of the engineering watch shall not hand over the engineering watch to the relieving officer if there is reason to believe that the relieving officer is obviously not capable of carrying out the watchkeeping duties effectively, in which case the chief engineer officer shall be notified.

  1.  

    (2)   The relieving officer of the engineering watch shall ensure that each member of the relieving engineering watch is capable of performing the watchkeeping duties effectively.

  1.  

    (3)   Prior to taking over the engineering watch, a relieving officer shall satisfy himself or herself of the following —

    1.  

      (a)     the standing orders and special instructions of the chief engineer officer relating to the operation of the systems and machinery of the ship;

    1.  

      (b)     the nature of all work being performed on machinery and systems, the personnel involved and potential hazards;

    1.  

      (c)     the level and, where applicable, the condition of water or residues in bilges, ballast tanks, slop tanks, reserve tanks, fresh water tanks, sewage tanks and any special requirements for use or disposal of the contents;

    1.  

      (d)     the condition and level of fuel in the reserve tanks, settling tank, day tank and other fuel storage facilities;

    1.  

      (e)     any special requirements relating to sanitary system disposals;

    1.  

      (f)     condition and mode of operation of the various main and auxiliary systems, including the electrical power distribution system;

    1.  

      (g)     where applicable, the condition of monitoring and control console equipment and the equipment that is operated manually;

    1.  

      (h)     where applicable, the condition and mode of operation of automatic boiler controls, such as, flame safeguard control systems, limit control systems, combustion control systems, fuel-supply control systems and other equipment related to the operation of steam boilers;

    1.  

      (i)     any potentially adverse conditions resulting from bad weather, ice, contaminated or shallow water;

    1.  

      (j)     any special modes of operation dictated by equipment failure or adverse ship conditions;

    1.  

      (k)     the reports of engine-room ratings relating to assigned duties;

    1.  

      (l)     the availability of firefighting appliances; and

    1.  

      (m)     the state of completion of engine-room log.

78.   Performing the engineering watch

  1.  

    (1)   An officer in charge of the engineering watch shall —

    1.  

      (a)     ensure that the established watchkeeping arrangement is maintained and that, under direction, engine-room ratings, if forming part of the engineering watch, assist in the safe and efficient operation of the propulsion machinery and auxiliary equipment;

    1.  

      (b)     continue to be responsible for machinery space operations, notwithstanding the presence of the chief engineer officer in the machinery spaces, until specifically informed that the chief engineer officer has assumed that responsibility and this is mutually understood;

    1.  

      (c)     ensure that the main propulsion unit controls, when in the manual mode of operation, are continuously attended to understand-by or manoeuvring conditions;

    1.  

      (d)     direct any other member of the engineering watch to disclose any potentially hazardous conditions which may adversely affect the machinery or jeopardize the safety of life or of the ship;

    1.  

      (e)     ensure that the machinery space watch is supervised and shall arrange for substitute personnel in the event of the incapacity of any engineering watch personnel;

    1.  

      (f)     not leave the machinery spaces unsupervised in a manner that would prevent the manual operation of the engine-room plant or throttles;

    1.  

      (g)     take the action necessary to contain the effects of damage resulting from equipment breakdown, fire, flooding, rupture, collision, stranding or other cause;

    1.  

      (h)     co-operate with any engineer in charge of maintenance work during all preventive maintenance, damage control or repairs including —

      1.  

        (i)     isolating and bypassing machinery to be worked on,

      1.  

        (ii)     adjusting the remaining plant to function adequately and safely during the maintenance period,

      1.  

        (iii)     recording, in the engine-room log or other suitable document, the equipment worked on and the personnel involved, the safety steps taken and by whom, for the benefit of relieving officers and for record purposes, and

      1.  

        (iv)     testing and putting into service, when necessary, the repaired machinery or equipment;

    1.  

      (i)     ensure that any engine-room ratings who perform maintenance duties are available to assist in the manual operation of machinery in the event of automatic equipment failure;

    1.  

      (j)     keep in mind that changes in speed, resulting from machinery malfunction, or any loss of steering, may imperil the safety of the ship and life at sea and the bridge must be immediately notified, in the event of fire, and of any impending action in machinery spaces that may cause reduction in the ship's speed, imminent steering failure, stoppage of the ship's propulsion system or any alteration in the generation of electric power or similar threat to safety, and such notification, where possible, must be accomplished before changes are made, in order to afford the bridge the maximum available time to take whatever action is possible to avoid a potential marine casualty;

    1.  

      (k)     notify the chief engineer officer without delay —

      1.  

        (i)     when engine damage or a malfunction occurs which may endanger the safe operation of the ship,

      1.  

        (ii)     when any malfunction occurs which, it is considered, may cause damage or breakdown of propulsion machinery, auxiliary machinery or monitoring and governing systems, and

      1.  

        (iii)     in any emergency or if in any doubt as to what decision or measures to take;

    1.  

      (l)     give the watch-keeping personnel all appropriate instructions and information which will ensure the keeping of a safe engineering watch, including organising routine machinery upkeep.

  1.  

    (2)   A member of the engineering watch shall be familiar with assigned watchkeeping duties and shall, with respect to the ship he or she is serving in, have knowledge of —

    1.  

      (a)     the use of appropriate internal communication systems;

    1.  

      (b)     the escape routes from machinery spaces;

    1.  

      (c)     the engine-room alarm system and be able to distinguish between the various alarms, with special reference to the fire-extinguishing media alarm; and

    1.  

      (d)     the number, location and type of firefighting equipment and damage control gear in the machinery spaces, together with the use and various safety precautions to be observed.

  1.  

    (3)   Any machinery not functioning properly, expected to malfunction or requiring special service must be noted along with any action already taken and plans must be made for any further action if required.

  1.  

    (4)   When the machinery spaces are in the manned condition, the officer in charge of the engineering watch shall at all times be readily capable of operating the propulsion equipment in response to needs for changes in direction or speed.

  1.  

    (5)   When the machinery spaces are in the periodic unmanned condition, the designated duty officer in charge of the engineering watch shall be immediately available and on call to attend the machinery spaces.

  1.  

    (6)   All bridge orders must be promptly executed, and changes in direction or speed of the main propulsion units must be recorded, except where the size or characteristics of a particular ship make such recording impracticable.

  1.  

    (7)   Due attention must be paid to the on-going maintenance and support of all machinery, including mechanical, electrical, electronic, hydraulic and pneumatic systems, the control apparatus and associated safety equipment, all accommodation service systems equipment and the recording of stores and spare gear usage.

  1.  

    (8)   The chief engineer officer shall ensure that the officer in charge of the engineering watch is informed of all preventive maintenance, damage control or repair operations to be performed during the engineering watch.

  1.  

    (9)   An officer in charge of the engineering watch is responsible for the isolation, bypassing and adjustment of all machinery under the responsibility of the engineering watch that is to be worked on, and shall record all work carried out.

  1.  

    (10)   When the engine-room is put in a stand-by condition, the officer in charge of the engineering watch shall ensure that all machinery and equipment which may be used during manoeuvring is in a state of immediate readiness and that an adequate reserve of power is available for steering gear and other requirements.

  1.  

    (11)   An officer in charge of an engineering watch shall not be assigned or undertake any duties which would interfere with his or her supervisory duties in respect of the main propulsion system and ancillary equipment and must —

    1.  

      (a)     keep the main propulsion plant and auxiliary systems under constant supervision until properly relieved;

    1.  

      (b)     periodically inspect the machinery in his or her charge;

    1.  

      (c)     ensure that adequate rounds of the machinery and steering-gear spaces are made for the purpose of observing and reporting equipment malfunctions or breakdowns, performing or directing routine adjustments and required upkeep; and

    1.  

      (d)     perform any other necessary tasks.

  1.  

    (12)   Before going off duty, an officer in charge of the engineering watch shall ensure that all events related to the main and auxiliary machinery which have occurred during the engineering watch are suitably recorded.

  1.  

    (13)   Notwithstanding the requirement to notify the chief engineer officer under subregulation (1)(k), the officer in charge of the engineering watch shall not hesitate to take immediate action for the safety of the ship, its machinery and crew where circumstances require.

  1.  

    (14)   Detailed repair maintenance involving repairs to electrical, mechanical, hydraulic, pneumatic or applicable electronic equipment throughout the ship must be performed with the cognizance of the officer in charge of the engineering watch and chief engineer officer, and these repairs must be recorded.

Division 6
Engineering watchkeeping under different conditions and in different areas

79.   Restricted visibility with different conditions and areas

An officer in charge of the engineering watch shall ensure that permanent air or steam pressure is available for sound signals and that at all times bridge orders relating to changes in speed or direction of operation are immediately implemented and that auxiliary machinery used for manoeuvring is readily available.

80.   Coastal and congested waters with different conditions and areas

An officer in charge of the engineering watch shall ensure —

  1.  

    (a)     that all machinery involved with the manoeuvring of the ship can immediately be placed in the manual mode of operation when notified that the ship is in congested waters;

  1.  

    (b)     that an adequate reserve of power is available for steering and other manoeuvring requirements;

  1.  

    (c)     that emergency steering and other auxiliary equipment is ready for immediate operation.

81.   Ship at anchor with different conditions and areas

  1.  

    (1)   At an unsheltered anchorage, the chief engineer officer shall consult with the master regarding whether or not to maintain the same engineering watch.

  1.  

    (2)   When a ship is at anchor or at-sea, the engineer officer in charge of the engineering watch shall ensure that —

    1.  

      (a)     an efficient engineering watch is kept;

    1.  

      (b)     periodic inspection is made of all operating and stand-by machinery;

    1.  

      (c)     main and auxiliary machinery is maintained in a state of readiness in accordance with orders from the bridge;

    1.  

      (d)     measures are taken to protect the environment from pollution by the ship, and that applicable pollution-prevention regulations are complied with; and

    1.  

      (e)     all damage-control and firefighting systems are readily available.

Division 7
Principles to be observed in keeping a radio watch

82.   General provision for radio watch

A company, master and radio watchkeeping personnel shall ensure that an adequate safety radio watch is maintained while a ship is at sea and shall take the Radio Regulations into account.

83.   Watch arrangement for radio watch

In deciding the arrangements for the radio watch, the master of a seagoing ship shall —

  1.  

    (a)     ensure that the radio watch is maintained in accordance with the relevant provisions of the Radio Regulations and the Safety Convention;

  1.  

    (b)     ensure that the primary duties for radio watchkeeping are not adversely affected by attending to radio traffic not relevant to the safe movement of the ship and safety of navigation; and

  1.  

    (c)     consider the radio equipment fitted on board and its operational status.

84.   Performing the radio watch

  1.  

    (1)   A radio operator performing radio watchkeeping duties shall —

    1.  

      (a)     ensure that the radio watch is maintained on the frequencies specified in the Radio Regulations and the Safety Convention; and

    1.  

      (b)     while on duty, regularly check the operation of the radio equipment and its sources of energy and report to the master any observed failure of this equipment.

  1.  

    (2)   The requirements of the Radio Regulations and the Safety Convention on keeping a radiotelegraph or radio log, as appropriate, shall be complied with.

  1.  

    (3)   The maintenance of radio records, in compliance with the Radio Regulations and the Safety Convention, is the responsibility of the radio operator designated as having primary responsibility for radio-communications during distress incidents and the following shall be recorded, together with the time it occurs —

    1.  

      (a)     a summary of distress, urgency and safety radio communications;

    1.  

      (b)     important incidents relating to the radio service.

Division 8
Watchkeeping in port – General Principles applying to all watchkeeping

85.   General provisions for watchkeeping in port

  1.  

    (1)   On any ship safely moored or safely at anchor under normal circumstances in port, the master shall arrange for an appropriate and effective watch to be maintained for the purpose of safety.

  1.  

    (2)   Special requirements may be necessary for special types of ships' propulsion systems or ancillary equipment and for ships carrying hazardous, dangerous, toxic or highly flammable materials or other special types of cargo.

86.   Watch arrangement in port

  1.  

    (1)   Arrangements for keeping a deck watch when the ship is in port shall at all times be adequate to —

    1.  

      (a)     ensure the safety of life, of the ship, the port and the environment, and the safe operation of all machinery related to cargo operation;

    1.  

      (b)     observe international, national and local rules; and

    1.  

      (c)     maintain order and the normal routine of the ship.

  1.  

    (2)   The master shall decide the composition and duration of the deck watch depending on the conditions of mooring, type of the ship and character of duties.

  1.  

    (3)   Where the master considers it necessary, a qualified officer shall be in charge of the deck watch.

  1.  

    (4)   The necessary equipment shall be arranged in a manner that provides for efficient watchkeeping.

  1.  

    (5)   The chief engineer officer, in consultation with the master, shall ensure that engineering watchkeeping arrangements are adequate to maintain a safe engineering watch while in port, and when deciding the composition of the engineering watch, which may include appropriate engine-room ratings, consideration may be given to the following —

    1.  

      (a)     on all ships of 3,000 kW propulsion power and over, there shall always be an officer in charge of the engineering watch;

    1.  

      (b)     on ships of less than 3,000 kW propulsion power there may be, at the master's discretion and in consultation with the chief engineer officer, no officer in charge of the engineering watch; and

    1.  

      (c)     officers, while in charge of an engineering watch, shall not be assigned or undertake any task or duty which would interfere with their supervisory duty in respect of the ship's machinery system.

87.   Handing over the deck or engineering watch

  1.  

    (1)   An officer in charge of the deck or engineering watch shall not hand over the watch to the relieving officer if he or she has reason to believe that the relieving officer is obviously not capable of carrying out watchkeeping duties effectively, in which case the master or chief engineer shall be notified accordingly.

  1.  

    (2)   A relieving officer of the deck or engineering watch shall ensure that each member of the watch is capable of performing the watchkeeping duties effectively.

  1.  

    (3)   Where, at the moment of handing over the deck or engineering watch, an important operation is being performed, it shall be concluded by the officer being relieved, except when ordered otherwise by the master or chief engineer officer.

88.   Taking over the deck watch

  1.  

    (1)   Prior to taking over the deck watch, the officer in charge of the deck watch shall inform the relieving officer of —

    1.  

      (a)     the depth of the water at the berth, the ship's draught, the level and time of high and low waters, the securing of the moorings, the arrangement of anchors and the scope of the anchor chain, and other mooring features important to the safety of the ship, the state of main engines and their availability for emergency use;

    1.  

      (b)     all work to be performed on board the ship, the nature, amount and disposition of cargo loaded or remaining, and any residue on board after unloading the ship;

    1.  

      (c)     the level of water in bilges and ballast tanks;

    1.  

      (d)     the signals or lights being exhibited or sounded;

    1.  

      (e)     the number of crew members required to be on board and the presence of any other persons on board;

    1.  

      (f)     the state of firefighting appliances;

    1.  

      (g)     any special port Regulations;

    1.  

      (h)     the master's standing and special orders;

    1.  

      (i)     the lines of communication available between the ship and shore personnel, including port authorities, in the event of an emergency arising or assistance being required;

    1.  

      (j)     the procedures for notifying the appropriate authority of any environmental pollution resulting from ship activities; and

    1.  

      (k)     any other circumstances of importance to the safety of the ship, its crew, cargo or protection of the environment from pollution.

  1.  

    (2)   A relieving officer, before assuming charge of the deck watch, shall verify that —

    1.  

      (a)     the securing of moorings and anchor chain is adequate;

    1.  

      (b)     the appropriate signals or lights are properly exhibited or sounded;

    1.  

      (c)     safety measures and fire protection regulations are maintained;

    1.  

      (d)     he or she is aware of the nature of any hazardous or dangerous cargo being loaded or discharged and the appropriate action to be taken in the event of any spillage or fire; and

    1.  

      (e)     external conditions or circumstances do not imperil the ship or others.

89.   Taking over the engineering watch in port

  1.  

    (1)   Prior to taking over the engineering watch, the officer in charge of the engineering watch shall inform a relieving officer of —

    1.  

      (a)     the standing orders of the day, any special orders relating to the ship operations, maintenance functions, repairs to the ship's machinery or control equipment;

    1.  

      (b)     the nature of all work performed on machinery and systems on board ship, personnel involved and potential hazards;

    1.  

      (c)     the level and condition, where applicable, of water or residue in bilges, ballast tanks, slop tanks, sewage tanks, reserve tanks and special requirements for the use or disposal of the contents;

    1.  

      (d)     any special requirements relating to sanitary system disposals;

    1.  

      (e)     the condition and state of readiness of portable fire-extinguishing equipment and fixed fire-extinguishing installations and fire-detection systems;

    1.  

      (f)     authorized repair personnel on board engaged in engineering activities, their work locations and repair functions, other authorized persons onboard and the required crew;

    1.  

      (g)     any port requirements pertaining to ship effluents, fire-fighting requirements and ship readiness, particularly during potential bad weather conditions;

    1.  

      (h)     the lines of communication available between the ship and shore personnel, including port authorities, in the event of an emergency arising or assistance being required;

    1.  

      (i)     the procedures for notifying the appropriate authority of environmental pollution resulting from engineering activities; and

    1.  

      (j)     any other circumstance of importance to the safety of the ship, its crew, cargo or the protection of the environment from pollution.

  1.  

    (2)   A relieving officer, before assuming charge of the engineering watch, shall satisfy himself or herself that he or she is fully informed by the officer being relieved, as outlined in subregulation (1), and —

    1.  

      (a)     be familiar with existing and potential sources and distribution of power, heat and lighting;

    1.  

      (b)     know the availability and condition of the fuel of the ship, lubricants and all water supplies; and

    1.  

      (c)     be ready to prepare the ship and its machinery, as far as is possible, for stand-by or emergency conditions as required.

90.   Performing the deck watch in port

An officer in charge of the deck watch shall —

  1.  

    (a)     make rounds to inspect the ship at appropriate intervals to ascertain —

    1.  

      (i)     the condition and securing of the gangway, anchor chain and moorings, especially at the turn of the tide and in berths with a large rise and fall, if necessary, take measures to ensure each is in normal working condition,

    1.  

      (ii)     the draught, under-keel clearance and the general state of the ship, to avoid dangerous listing or trim during cargo handling or ballasting,

    1.  

      (iii)     the weather and sea state,

    1.  

      (iv)     the observance of all regulations concerning safety and fire protection,

    1.  

      (v)     the water level in bilges and tanks,

    1.  

      (vi)     that all persons are on board and the location of persons, especially those in remote or enclosed spaces, and

    1.  

      (vii)     the exhibition and sounding, where appropriate, of lights and signals;

  1.  

    (b)     in bad weather, or on receiving a storm warning, take the necessary measures to protect the ship, persons on board and cargo;

  1.  

    (c)     take every precaution to prevent pollution of the environment by the ship;

  1.  

    (d)     in an emergency threatening the safety of the ship, raise the alarm, inform the master, take all possible measures to prevent any damage to the ship, its cargo and persons on board, and, if necessary, request assistance from the onshore authorities or neighbouring ships;

  1.  

    (e)     be aware of the ship's stability condition so that, in the event of fire, the onshore firefighting authority may be advised of the approximate quantity of water that can be pumped on board without endangering the ship;

  1.  

    (f)     offer assistance to ships or persons in distress;

  1.  

    (g)     take necessary precautions to prevent accidents or damage when propellers must be turned; and

  1.  

    (h)     enter, in the appropriate log-book, all important events affecting the ship.

91.   Performing the engineering watch in port

  1.  

    (1)   An officer in charge of the engineering watch shall pay particular attention to —

    1.  

      (a)     the observance of all orders, special operating procedures and regulations concerning hazardous conditions and the prevention of those conditions in all areas in his or her charge;

    1.  

      (b)     the instrumentation and control systems, monitoring of all power supplies, components and systems in operation;

    1.  

      (c)     the techniques, methods and procedures necessary to prevent violation of the pollution regulations of the local authorities; and

    1.  

      (d)     the state of the bilges.

  1.  

    (2)   An officer in charge of the engineering watch shall —

    1.  

      (a)     in an emergency, raise the alarm when of the opinion that the situation so demands, and take all possible measures to prevent damage to the ship, persons on board and cargo;

    1.  

      (b)     be aware of the needs of the deck officer relating to the equipment required in the loading or unloading of the cargo and the additional requirements of the ballast and other ship stability control systems;

    1.  

      (c)     make frequent rounds of inspection to determine possible equipment malfunction or failure, and take immediate remedial action to ensure the safety of the ship, of cargo operations, of the port and the environment;

    1.  

      (d)     ensure that the necessary precaution is taken to prevent accidents or damage to the various electrical, electronic, hydraulic, pneumatic and mechanical systems of the ship;

    1.  

      (e)     ensure that any important event affecting the operation, adjustment or repair of the machinery of the ship is satisfactorily recorded.

Division 9
Watch in port on ships carrying hazardous cargo

92.   Watch in port on ship carrying hazardous cargo

  1.  

    (1)   A master of a ship carrying cargo that is hazardous, whether explosive, flammable, toxic, health-threatening or environment-polluting, shall ensure that safe watchkeeping arrangements are maintained and on ships carrying hazardous cargo in bulk, this is achieved by the ready availability on board of a qualified officer, and rating where appropriate, even when the ship is safely moored or safely at anchor in port.

  1.  

    (2)   In the case of a ship carrying hazardous cargo other than in bulk, the master shall take full account of the nature, quantity, packing and stowage of the hazardous cargo and of any special conditions on board, afloat and ashore.

PART 5
MISCELLANEOUS

93.   Objectives and quality standards

  1.  

    (1)   The Minister or a person authorized by the Minister shall ensure that the education and training objectives and related standards of competence to be achieved are clearly defined and identify the levels of knowledge, understanding and skills appropriate to the examinations and assessments required under these Regulations.

  1.  

    (2)   The objectives and related quality standards may be specified separately for different courses and training programmes and shall cover the administration of the certification system.

  1.  

    (3)   The field of application of the quality standards shall cover the administration of the certification system, all training courses and programmes, examinations and assessments carried out by or under the authority of the Minister or a person authorized by the Minister and the qualifications and experience required of instructors and assessors, having regard to the policies, systems, controls and internal quality assurance reviews established to ensure achievement of the defined objectives.

  1.  

    (4)   The Minister or a person authorized by the Minister shall ensure that an independent evaluation of the knowledge, understanding, skills and competence acquisition and assessment activities, and of the administration of the certification system, is conducted at intervals of not more than 5 years in order to verify that —

    1.  

      (a)     all internal management control and monitoring measures and follow-up actions comply with planned arrangements and documented procedures and are effective in ensuring achievement of the defined objectives;

    1.  

      (b)     the results of each independent evaluation are documented and brought to the attention of those responsible for the area evaluated; and

    1.  

      (c)     timely action is taken to correct deficiencies.

  1.  

    (5)   The report of the independent evaluation required by this regulation must include the terms of reference for the evaluation and the qualifications and experience of the evaluators.

94.   Responsibility of a company for compliance with these Regulations

  1.  

    (1)   A company shall ensure that —

    1.  

      (a)     each seafarer assigned to any of its ships holds an appropriate certificate in accordance with the provisions of these Regulations and as established by the Minister or a person authorized by the Minister;

    1.  

      (b)     its ships are manned in compliance with the applicable safe manning requirements of the Minister or a person authorized by the Minister;

    1.  

      (c)     documentation and data relevant to all seafarers employed on its ships are maintained and readily accessible, and include, without being limited to, documentation and data on their experience, training, medical fitness and competency in assigned duties;

    1.  

      (d)     seafarers, on being assigned to any of its ships, are familiarized with their specific duties and with all ship arrangements, installations, equipment, procedures and ship characteristics that are relevant to their routine or emergency duties; and

    1.  

      (e)     the complement of the ship can effectively co-ordinate their activities in an emergency situation and in performing functions vital to safety or to the prevention or mitigation of pollution.

  1.  

    (2)   A company, master and crew member shall ensure that the obligations set out in this regulation are given full and complete effect and that such other measure as may be necessary are taken to ensure that each crew member can make a knowledgeable and informed contribution to the safe operation of the ship.

  1.  

    (3)   A company shall provide written instructions to the master of each ship to which these Regulations apply, setting forth the policies and the procedures to be followed to ensure that a seafarer who is newly employed on board the ship is given a reasonable opportunity to become familiar with the shipboard equipment, operating procedures and other arrangements needed for the proper performance of his or her duties, before being assigned to those duties, and such policies and procedures must include —

    1.  

      (a)     the allocation of a reasonable period of time during which each newly employed seafarer will have an opportunity to become acquainted with —

      1.  

        (i)     the specific equipment the seafarer will be using or operating, and

      1.  

        (ii)     ship-specific watchkeeping, safety, environmental protection and emergency procedures and arrangements the seafarer needs to know to perform the assigned duties properly; and

    1.  

      (b)     the designation of a knowledgeable crew member who will be responsible for ensuring that an opportunity is provided to each newly employed seafarer to receive essential information in a language the seafarer understands.