1. Citation
These Regulations may be cited as the Shipping (Load Line) Regulations.
2. Interpretation
In these Regulations —
“Act” means the Shipping Act, Cap. 13.27;
“amidships”, in relation to a ship, means the middle of the ship's length (L);
“appropriate load line” means a load line described under regulation 5(3), 6 or 28;
“appropriate marks” means a deck line, load line mark and load line;
“Caribbean Trading Area” means the area bounded by a line from a point on the east coast of the United States of America in latitude 35°00' north, to a point 5°00' south, 33°00' west; thence to a point 10°00' south, 33°00' west; thence to a point on the coast of Brazil in latitude 10°00' south; then northward along the coast of Continental America to a point in latitude 35°00' north, on the east coast of the United States of America;
“condition of assignment” means the condition relating to construction, arrangement and stability with which a ship must comply in order to be assigned a freeboard;
“Director” means the Director of Maritime Affairs appointed under section 4 of the Act;
“Exemption Certificate” means —
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(a) an International Load Line Exemption Certificate; and
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(b) a Saint Lucian Local Load Line Exemption Certificate;
“freeboard” means the distance measured vertically downwards at amidships from the upper edge of the deck line described in regulation 4 to the position at which the upper edge of the load line appropriate to the freeboard is to be marked;
“freeboard deck” means —
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(a) the deck from which a freeboard is assigned to a ship calculated as the uppermost complete deck exposed to weather and sea, which has permanent means of closing all openings exposed to the weather, and below which all openings in the sides of the ship are fitted with permanent means of watertight closing;
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(b) a deck lower than the deck under paragraph (a) that is approved by the Director on the request of an owner under regulation 31; or
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(c) a deck under regulation 32;
“International Load Line Certificate (1966)” means an appropriate certificate issued under section 311(1)(a) of the Act;
“International Load Line Exemption Certificate” means an appropriate certificate issued under section 318(2)(a) of the Act;
“length (L)” in relation to a ship means the greater of the following distances —
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(a) ninety-six per cent of the total length on a waterline at eighty-five per cent of the least moulded depth measured from the top of the keel; or
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(b) the length from the fore-side of the stem to the axis of the rudder stock on that water line,
where the stem contour is concave above the waterline at eighty-five per cent of the least moulded depth, both the forward terminal of the total length and the fore-side of the stem respectively is taken at the vertical projection to that waterline of the aftermost point of the stem contour, above that waterline, designed with a rake of keel, the waterline on which this length is measured is parallel to the designed waterline;
“load line” means a mark on the ship indicating the maximum depth to which a ship may be loaded;
“Load Line Certificate” means —
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(a) an International Load Line Certificate (1966); and
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(b) a Saint Lucian Local Load Line Certificate;
“moulded depth”, in relation to a ship, means the vertical distance measured from the top of the keel to the top of the freeboard deck beam at side, except that —
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(a) in the case of a wood or composite ship, it is measured from the lower edge of the keel rabbet;
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(b) if the form at the lower part of the midship section of the ship is of a hollow character or where thick garboards are fitted, it is be measured from the point where the line of the flat of the bottom continued inwards cuts the side of the keel;
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(c) in the case of a ship having rounded gunwales, it is measured to the point of intersection of the moulded lines of the deck and side shell plating, the lines extending as though the gunwale were of angular design; and
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(d) if the freeboard deck is stepped and the raised part of the deck extends over the point at which the moulded depth is to be determined, it is measured to a line of reference extending from the lower part of the deck along a line parallel to the raised part of the deck;
“Near Coastal Voyage” means a voyage within the Caribbean Trading Area in the course of which the ship is at no time more than one hundred and fifty miles from a safe port of refuge;
“non-Saint Lucian ship” means a ship other than a Saint Lucian ship under section 12 of the Act;
“sailing ship” means a ship designed to carry sail, whether as the sole means of propulsion, or as a supplementary means;
“Saint Lucian Local Load Line Certificate” means an appropriate certificate under section 311(2)(b) of the Act;
“Saint Lucian Local Load Line Exemption Certificate” means an appropriate certificate issued under section 318(2)(b) of the Act;
“watertight”, in relation to any part of the ship, means capable of preventing the passage of water in any direction.
3. Application
Subject to section 307 of the Act, these Regulations apply to Saint Lucian ships, on an international voyage or while in Saint Lucian waters and to foreign ships while in Saint Lucian waters.
PART I
DECK LINE, LOAD LINE MARK AND LOAD LINE
4. Description and position of deck line
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(1) The deck line as shown in Figure 1 must —
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(a) consist of a horizontal line three hundred millimetres in length and twenty-five millimetres in breadth and marked amidships on each side of the ship so as to indicate the position of the freeboard deck;
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(b) subject to subregulation (2), be marked in a position on the side of the ship that its upper edge passes through the point amidships if the continuation outwards of the upper surface of the freeboard deck, or of any sheathing of that deck, intersects the outer surface of the shell of the ship.
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(2) If the design of the ship, or another circumstance, makes it impracticable to mark the deck line under subregulation (1), the Minister or a person or organization authorized by the Minister may direct that it be marked by reference to another fixed point as near as practicable to the position under subregulation (1).
5. Description of load line mark and load lines
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(1) A load line mark as shown in Figure 2 consists of a ring three hundred millimetres in outside diameter and twenty-five millimetres wide which is intersected by a horizontal line four hundred and fifty millimetres in length and twenty-five millimetres in breadth, the upper edge of which passes through the centre of the ring and the centre of the ring is placed amidships and at a distance equal to the assigned Summer freeboard measured vertically below the upper edge of the deck line.
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(2) A line that indicates the load line, as shown in Figure 2, must be horizontal lines of two hundred and thirty millimetres in length and twenty-five millimetres in breadth extending forward or abaft of a vertical line twenty-five millimetres in breadth marked five hundred and forty millimetres forward of the centre of the ring of the load line mark and at right angles to that line.
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(3) A load line consists of —
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(a) a Summer Load Line that extends forward of the vertical line, and corresponds horizontally with the line passing through the centre of the ring of the load line mark, and is marked S;
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(b) a Winter Load Line that extends forward of the vertical line, and is marked W;
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(c) a Winter North Atlantic Load Line, that extends forward of the vertical line, and is marked WNA;
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(d) a Tropical Load Line that extends forward of the vertical line, and is marked T;
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(e) a Fresh Water Load Line that extends abaft the vertical line, and is marked F;
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(f) a Tropical Fresh Water Load Line that extends abaft the vertical line and is marked TF, as shown in Figure 2; and
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(g) if a timber freeboard is assigned, a Timber Load Line marked under subregulations (6) and (7).
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| Fig. 2 Load Line Mark and load lines |
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(4) The maximum depth to which a ship may be loaded in relation to a load line referred to in subregulations (1), (2) and (3) is the depth indicated by the upper edge of the appropriate load line.
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(5) In the case of a sailing ship —
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(a) the Summer Load Line consists of the line passing through the centre of the ring of the load line mark; and
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(b) the Winter North Atlantic Load Line marked WNA and Fresh Water Load Line marked F are marked on the ship as shown in Figure 3.
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| Fig. 3 Load Line Mark and load lines on Sailing Ships |
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(6) A Timber Load Line, as shown in Figure 4 —
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(a) must be horizontal lines of the dimensions specified in respect of the lines in subregulations (2) and (3), extending abaft or forward of a vertical line twenty-five millimetres in width and marked five hundred and forty millimetres abaft the centre of the ring of the load line mark and at right angles to that line;
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(b) consists of —
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(i) a Summer Timber Load Line that extends abaft the vertical line and is marked LS,
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(ii) a Winter Timber Load Line that extends abaft the vertical line and is marked LW,
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(iii) a Winter North Atlantic Timber Load Line that extends abaft the vertical line and is marked LWNA,
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(iv) a Tropical Timber Load Line that extends abaft of the vertical line and is marked LT,
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(v) a Fresh Water Timber Load Line that extends forward of the vertical line and is marked LF, and
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(vi) a Tropical Fresh Water Timber Load Line that extends forward of the vertical line and is marked LTF.
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| Fig. 4 Timber Load Line Mark and lines to be used with this mark |
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(7) The maximum depth to which a ship may be loaded in relation to a Timber Load Line referred to in subregulation (6) is the depth indicated by the upper edge of the appropriate Timber Load Line.
6. Load line for seasonal zone, area and period
A load line for seasonal zone, area and period is as specified under Schedule 1.
7. Position of load line
The position of a load line on each side of a ship under section 328(d) of the Act is a distance measured vertically downwards from the upper edge of the deck line to the upper edge of the load line that is equal to the freeboard assigned to the ship which is appropriate to the load line.
8. Marking of appropriate marks
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(1) Appropriate marks shall be marked by the owner of the ship on each side of the ship in accordance with the directions of the Minister or a person or organization authorized by the Minister and the requirements of this Part.
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(2) Appropriate marks must be —
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(a) marked in such a manner as to be plainly visible;
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(b) if the sides of the ship are of metal, cut in, centre punched or welded;
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(c) if the sides of the ship are of wood, cut into the planking to a depth of not less than three millimetres;
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(d) if the sides of the ship are of other materials to which the methods of marking described in paragraphs (b) and (c) cannot effectively be applied, permanently affixed by bonding or some other effective method; and
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(e) painted in white or yellow if the background is dark, and in black if the background is light.
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(3) If an Exemption Certificate is issued with the assignment of a freeboard which is less than the requirement under regulation 10, the load line and the load line mark must be marked on the ship by being painted in red on a contrasting background.
9. Mark of Minister or person or organization authorized by the Minister
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(1) The identity of the Minister or person or organization authorized by the Minister may be marked alongside the load line ring above the horizontal line which passes through the centre of the ring, or above and below it.
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(2) The mark under subregulation (1) consists of not more than four initials each measuring approximately one hundred and fifty millimetres in height and seventy-five millimetres in width.
PART II
ASSIGNMENT OF FREEBOARD AND CONDITION OF ASSIGNMENT
10. Assignment of freeboard
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(1) The Minister or person or organization authorized by the Minister shall, in accordance with Schedule 2, assign to a new Saint Lucian ship —
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(a) a Summer Freeboard;
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(b) a Tropical Freeboard;
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(c) a Winter Freeboard;
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(d) a Winter North Atlantic Freeboard;
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(e) a Fresh Water Freeboard;
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(f) a Tropical Fresh Water Freeboard;
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(g) in the case of a ship carrying Timber —
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(i) a Summer Timber Freeboard,
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(ii) a Winter Timber Freeboard,
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(iii) a Winter North Atlantic Timber Freeboard,
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(iv) a Tropical Timber Freeboard,
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(v) a Fresh Water Timber Freeboard, and
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(vi) a Tropical Fresh Water Timber Freeboard;
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(h) a freeboard other than a Timber Freeboard.
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(2) A freeboard assigned under subregulation (1) is the minimum freeboard that may be assigned to the ship.
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(3) A freeboard, other than a Timber freeboard under subregulation (1)(g) may exceed the minimum freeboard by an amount determined by the Minister or person or organization authorized by the Minister.
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(4) A Timber Freeboard under subregulation (1)(g) must not be assigned to a ship to which greater than the minimum freeboard has been assigned.
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(5) If a freeboard greater than the minimum freeboard is assigned to a ship and the appropriate load line to that freeboard corresponds to, or is lower than, the position at which the lowest of the appropriate load line to the minimum freeboard would be marked —
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(a) the load line appropriate to the greater than minimum Summer Freeboard and Fresh Water Freeboard are marked on the sides of the ship;
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(b) the load line appropriate to the greater than minimum Summer Freeboard is known as the “All Seasons load line” and consists of the horizontal line intersecting the load line mark;
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(c) subject to paragraph (d), the Fresh Water Load Line is as described under regulation 5(2); and
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(d) the vertical line described under regulation 5 is omitted.
11. Correction of freeboard for deck line under regulation 4(2)
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(1) In a ship where the deck line is marked under regulation 4(2), the freeboards assigned to the ship must be corrected to allow for the vertical distance by which the position of the deck line is altered under that regulation.
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(2) The reference point to which the deck line has been marked, and the identity of the deck which has been taken as the freeboard deck, must be specified in the certificate issued in respect of the ship.
12. Condition of assignment
A ship to which a freeboard is assigned under regulation 10 must comply with the condition of assignment applicable to that ship and set out in Schedule 3.
13. Record of particulars
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(1) A record of particulars relating to a condition of assignment in the form set out in Schedule 4 must be provided on a ship.
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(2) A record of particulars under subregulation (1) must be furnished to the Minister or a person or organization authorized by the Minister and be retained on board at all times.
14. Circumstances in which ship fails to comply with condition of assignment
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(1) Subject to subregulation (2), a ship fails to comply with a condition of assignment under regulation 12 —
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(a) if after the assignment of a freeboard there has been an alteration of the hull, superstructures, fittings or appliances of the ship such that —
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(i) a condition under regulation 12 is not complied with, or
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(ii) it differs in a material respect from the record of particulars under regulation 13; or
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(b) if the record of particulars is not on board as required under regulation 13(1).
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(2) A ship complies with a condition of assignment despite an alteration under subregulation (1)(a) if —
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(a) an amended freeboard appropriate to the condition of the ship has been assigned, and the ship has been marked with load lines and a new certificate is issued to the owner of the ship; or
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(b) the alteration has been inspected by a surveyor of ships on behalf of the Minister or a person or organization authorized by the Minister and the surveyor of ships is satisfied that the alteration is not such as to require a change in the freeboard assigned to the ship, and full particulars of the alteration together with the date and place of his or her inspection have been endorsed by the surveyor of ships on the record under regulation 13(1).
15. Equivalents
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(1) A ship which fails to comply with a condition of assignment specified under regulation 12 may be required to meet equivalent conditions in accordance with subregulation (2).
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(2) The Minister or a person or organization authorized by the Minister may, with the approval of the Director —
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(a) allow a fitting, material, appliance or apparatus to be fitted in a ship, or allow other provisions to be made in a ship, in the place of a fitting, material, appliance, apparatus or provision respectively which is required under the provisions of these Regulations, if satisfied by trial or otherwise that it is at least as effective as that so required; or
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(b) allow in an exceptional case departure from the requirements of a provision under paragraph (a) on condition that the freeboard to be assigned to the ship is increased to an extent to satisfy the Director that the safety of the ship and protection afforded to the crew will be no less effective than would be the case if the ship fully complied with the conditions and there was no increase of the freeboard.
16. Notice
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(1) A notice of the draught and freeboard relating to the depth to which the ship is loaded, the density of the water in which the ship is floating and all other related particulars under section 332(2)(b) of the Act must be in the form set out in Schedule 5.
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(2) Subregulation (1) does not apply to a ship employed on a Near Coastal Voyage.
17. Information as to the stability of a ship
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(1) The owner of a ship shall provide, for the guidance of the master, information in the form of a book relating to the stability of the ship under this regulation which must be kept on the ship at all times in the custody of the master.
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(2) In the case of a Saint Lucian ship, the information under subregulation (1) includes matters specified in Schedule 6, and is in the form required by that Schedule and must be in accordance with the requirements of subregulations (3), (4) and (5).
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(3) Subject to subregulation (4), the information under subregulation (1) —
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(a) must be based on the determination of stability taken from an inclining test carried out in the presence of a surveyor of ships or marine officer or, in the case of a ship listed in Part II of Schedule 6, by the Minister or a person or organization authorized by the Minister;
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(b) must be amended whenever alterations are made to the ship or changes occur to it which will materially affect the information and, if necessary, the ship must be re-inclined.
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(4) An inclining test may be dispensed with if —
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(a) in the case of a ship, basic stability data is available from the inclining test of a sister ship and the Director or, in the case of a ship listed in Part II of Schedule 6, the Minister or a person or organization authorized by the Minister is satisfied that reliable stability information can be obtained from the data; and
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(b) in the case of a ship specially designed for the carriage of liquids or ore in bulk, or a class of such ships, the information available in respect of similar ships shows that the ship's proportions and arrangements will ensure more than sufficient stability in all probable loading conditions.
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(5) Before the information under subregulation (1) is issued to the master —
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(a) in the case of a ship which is listed in Part II of Schedule 6, it shall be approved by the Director or the Minister or a person or organization authorized by the Minister which assigned a freeboard to the ship; and
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(b) in the case of another ship, it shall be approved by the Director.
18. Information as to loading and ballast of a ship
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(1) The owner of a ship of more than one hundred and fifty metres in length specially designed for the carriage of liquids or ore in bulk shall provide, for the guidance of the master, information relating to the loading and ballast of the ship.
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(2) The information under subregulation (1) must indicate the maximum stresses permissible for the ship and specify the manner in which the ship is to be loaded and ballast to avoid the creation of unacceptable stresses in its structure.
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(3) In the case of a Saint Lucian ship, regulation 17(5) has effect in respect of information required under this regulation, and the information approved must be included in the book under regulation 17(1).
PART III
INITIAL SURVEY, RENEWAL SURVEY AND ANNUAL SURVEY
19. Survey of ship
A Saint Lucian ship is subject to —
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(a) an initial survey under regulation 20;
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(b) a renewal survey under regulation 21; and
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(c) an annual survey under regulation 22.
20. Initial survey
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(1) Before a ship is put into service, the owner of the ship shall make an application to a surveyor of ships for an initial survey.
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(2) In an initial survey a surveyor of ships shall —
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(a) include a complete inspection of a ship's structure and equipment under these Regulations; and
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(b) ensure that the arrangements, materials and scantlings comply with these Regulations.
21. Renewal survey
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(1) Within three months before the expiry of a Load Line Certificate or after the expiry of a Load Line Certificate, the owner of a ship shall make an application to a surveyor of ships, for the purposes of section 321(2) of the Act, for a renewal survey.
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(2) In a renewal survey, a surveyor of ships shall ensure that the structure, equipment, arrangements, materials and scantlings comply with these Regulations.
22. Annual survey
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(1) The owner of a ship shall make an application to a surveyor of ships for an annual survey, for the purposes of section 321(3) of the Act, three months before or after the expiry of a Load Line Certificate.
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(2) In an annual survey the surveyor of ships shall ensure that —
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(a) alterations have not been made to the hull or super structures which would affect the calculations determining the position of the load line;
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(b) the fittings and appliances for the protection of openings, guard rails, freeing ports and means of access to crew's quarters are maintained in an effective condition;
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(c) the appropriate marks are correctly and permanently indicated; and
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(d) information is provided under regulations 17 and 18.
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(3) A surveyor of ships shall, on being satisfied with the annual survey under subregulation (2), endorse the Load Line Certificate.
PART IV
LOAD LINE CERTIFICATE AND EXEMPTION CERTIFICATE
23. Application for Load Line Certificate and Exemption Certificate
An application for —
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(a) a Load Line Certificate is —
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(i) in the case of an International Load Line Certificate (1966), in the form set out as Form 1 in Schedule 7;
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(ii) in the case of a Saint Lucian Local Load Line Certificate in the form set out as Form 2 in Schedule 7;
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(b) an Exemption Certificate is —
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(i) in the case of an International Load Line Exemption Certificate, in the form set out as Form 3 in Schedule 7;
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(ii) in the case of a Saint Lucian Local Load Line Exemption Certificate, in the form set out as Form 4 in Schedule 7.
24. Form of Load Line Certificate and Exemption Certificate
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(1) A Load Line Certificate is —
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(a) in the case of an International Load Line Certificate (1966), in the form set out as Form 5 in Schedule 7;
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(b) in the case of a Saint Lucian Local Load Line Certificate, in the form set out as Form 6 in Schedule 7.
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(2) An Exemption Certificate is —
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(a) in the case of an International Load Line Exemption Certificate, in the form set out as Form 7 in Schedule 7;
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(b) in the case of a Saint Lucian Local Load Line Exemption Certificate, in the form set out as Form 8 in Schedule 7.
25. Duration of Load Line Certificate and Exemption Certificate
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(1) The period of a Load Line Certificate is as specified under section 321 of the Act.
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(2) An Exemption Certificate issued by the Minister under section 318 of the Act, unless it is renewed, expires at the end of the period specified in the Exemption Certificate such period not to exceed five years from the date of its issue.
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(3) An International Load Line Exemption Certificate issued under section 318 of the Act is limited to the single voyage for which it is issued.
26. Extension of Load Line Certificate and Exemption Certificate
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(1) The Minister or person or organization authorized by the Minister may extend the period of a Load Line Certificate and an Exemption Certificate if —
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(a) after a renewal survey, a new certificate cannot be issued to the ship before the expiry of the existing certificate;
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(b) at the time when the certificate expires, the ship is not in a port in which it is to be surveyed to allow the ship to complete its voyage to the port in which it is to be surveyed;
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(c) there have been no alterations in the structure, equipment, arrangements, materials or scantlings which affect the ship's freeboard; or
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(d) the safety of the ship and a person on board the ship will not be adversely affected.
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(2) A ship to which an extension is granted under subregulation (1)(b) shall not, on its arrival in the port in which it is to be surveyed, leave that port without having a new certificate.
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(3) A Load Line Certificate in accordance with section 321(3) of the Act and an Exemption Certificate must not be extended for a period longer than three months beginning with the date of expiry.
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(4) An extension under this regulation must be endorsed on the Load Line Certificate.
27. Cancellation of Load Line Certificate
A Load Line Certificate may be cancelled —
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(a) in the circumstances under paragraph (b) by —
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(i) without prejudice to section 321(3) of the Act, the Minister or person or organization authorized by the Minister, or
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(ii) without prejudice to section 325(3) of the Act, the Director;
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(b) if —
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(i) the Load Line Certificate is not endorsed to show that the annual survey was conducted within three months or after the date of expiry of the Load Line Certificate, or
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(ii) the ship's strength has decreased to an extent that it is unsafe.
28. Termination of Exemption Certificate
The Minister or person or organization authorized by the Minister may terminate an Exemption Certificate if —
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(a) a circumstance under regulation 27(b) exists;
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(b) a material alteration has taken place in the hull or superstructure of the ship that would necessitate the assignment of an increased freeboard; or
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(c) the fittings and appliances for the protection of an opening, guard rail, the freeing port or the means of access to the crew's quarters have not been maintained on the ship in an effective condition.
29. Notice of cancellation or termination and representation
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(1) Before a Load Line Certificate is cancelled under section 321(3) or 325(3) of the Act or regulation 27 or an Exemption Certificate is terminated under regulation 28, the Minister or person or organization authorized by the Minister or the Director shall, by a notice in writing, notify the owner of the grounds for the proposed cancellation.
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(2) A notice under subregulation (1) is made in writing if the text of the notice —
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(a) is transmitted by electronic means;
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(b) is received in legible form; and
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(c) is capable of being used for subsequent reference.
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(3) Subject to subregulation (4), the Minister or person or organization authorized by the Minister or Director shall not cancel a certificate until the owner has been given a reasonable opportunity to make representations, and the Minister or person or organization authorized by the Minister or Director has considered the representations made.
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(4) Subregulation (3) does not apply if the Minister or person or organization authorized by the Minister or Director considers that urgent safety considerations requires the immediate cancellation or termination of the Load Line Certificate or Exemption Certificate.
30. Validity of foreign certificates
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(1) Section 314(1) of the Act does not apply to a foreign ship in respect of which a valid International Load Line Certificate or a valid International Load Line Exemption Certificate is produced.
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(2) In the case of a ship that has transferred from the registry of a non-Saint Lucian government to the Saint Lucia registry, the Minister or person or organization authorized by the Minister may issue an International Load Line Certificate (1966) if satisfied that —
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(a) the ship has been subjected to a satisfactory initial survey, renewal survey or annual survey;
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(b) the condition of the ship, including its structure and equipment, have been maintained so as to comply with the requirements of the Load Lines Convention applicable to the ship; and
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(c) after an initial survey, renewal survey or annual survey has been completed, a material change has not been made to the ship, including its structure and equipment, subject to a survey, without the approval of the administration of the non-Saint Lucian government.
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(3) An International Load Line Certificate (1966) issued under subregulation (2) is valid for a period to be determined by the Minister, a person or organization authorized by the Minister, but the period must not exceed the period of validity of the certificate issued by or on behalf of the non-Saint Lucian government.
PART V
MISCELLANEOUS
31. Deck lower than freeboard deck
At the request of the owner and subject to the approval of the Director, a deck lower than the freeboard deck may be used if it is a complete and permanent deck which is continuous both in fore and aft direction at least between the machinery space and the peak bulkheads of the ship, and athwartships, a deck which is stepped, being taken to consist for this purpose of the lowest line of the deck and the continuation of that line parallel to the upper part of the deck.
32. Determination of freeboard deck and freeboard if valid certificate cannot be produced
For the purposes of sections 197, 198 and 203 of the Act, if a valid Convention certificate cannot be produced, the freeboard deck and the freeboard are determined in accordance with these Regulations and the appropriate load line is the maximum depth to which the ship may be loaded in salt water.
33. Detention
If a ship is detained under section 334 of the Act, section 458 of the Act applies in relation to a detention notice issued under section 460 of the Act as it applies in relation to section 457 of the Act.