Merchant Shipping (Manning and STCW) Regulations 2014 MERCHANT SHIPPING (MANNING AND STCW) REGULATIONS 2014

Transcription

1 Merhant Shipping (Manning and STCW) Regulations 2014 Index MERCHANT SHIPPING (MANNING AND STCW) REGULATIONS 2014 Index Regulation Page 1 Title Commenement Appliation Interpretation Company s responsibility Provisions relating to offenes... 6 PART 2 MINIMUM SAFE MANNING 7 7 Interpretation for this Part Minimum safe manning Issue of a minimum safe manning doument Changes whih affet minimum safe manning Minimum safe manning doument may be withdrawn... 9 PART 3 PLEASURE VESSEL MANNING 9 12 Pleasure vessel manning... 9 PART 4 STCW CONVENTION 9 13 Interpretation for this Part Requirement to omply with the STCW Convention Master s responsibility Fraud or forged douments Isle of Man endorsement Doumentation to be maintained by the Company Emergeny situations Safety familiarisation training, basi training or instrution Mandatory minimum requirements for personnel on passenger ships Certifiate of profiieny for ship seurity offiers Certifiate to be kept on board Prevention of drug and alohol abuse Dispensation Equivalents Exemption SD 2014/0238 Page 1

2 Index Merhant Shipping (Manning and STCW) Regulations Condut of trials Transitional arrangements PART 5 STCW CONVENTION FOREIGN SHIPS Inspetion of a foreign ship Provisions relating to detention of a foreign ship and offenes PART 6 CONSEQUENTIAL AMENDMENTS Consequential amendments SCHEDULE 1 19 SCHEDULE 2 20 Page 2 SD 2014/0238

3 Merhant Shipping (Manning and STCW) Regulations 2014 Regulation 1 Statutory Doument No. 2014/0238 Merhant Shipping At 1985 MERCHANT SHIPPING (MANNING AND STCW) REGULATIONS 2014 Coming into Operation: 1 August 2014 The Department of Eonomi Development, after onsultation with the Seretary of State, makes the following Regulations under setions 1 and 2 of the Merhant Shipping At Title These Regulations are the Merhant Shipping (Manning and STCW) Regulations Commenement These Regulations ome into operation on 1 August Appliation (1) Subjet to paragraph (2), Part 2 (Minimum safe manning) applies to a Manx ship of 200 gross tonnage or over whih is engaged on international voyages; or operating from a port, or between ports in another ountry. (2) Part 2 (Minimum safe manning) does not apply to a Manx ship whih is a () (d) (e) fishing vessel; pleasure vessel; wooden ship of primitive build; warship, naval auxiliary or other ship owned or operated by a State and engaged only on governmental non-ommerial servie; or ship not propelled by mehanial means. (3) Part 3 (Pleasure vessel manning) applies to a Manx ship whih is a pleasure vessel of 24 metres or over in load line length. SD 2014/0238 Page 3

4 Regulation 4 Merhant Shipping (Manning and STCW) Regulations 2014 (4) Subjet to paragraph (6), Part 4 (STCW Convention) applies to a seagoing Manx ship wherever it may be. (5) Subjet to paragraph (6), Part 5 (STCW Convention foreign ships) applies to a foreign ship alling in the normal ourse of its business or for operational reasons to a port in the Island. (6) Parts 4 and 5 do not apply to a Manx ship or a foreign ship whih is a () (d) fishing vessel; pleasure vessel; wooden ship of primitive build; or warship, naval auxiliary or other ship owned or operated by a State and engaged only on governmental non-ommerial servie. 4 Interpretation (1) In these Regulations Annex to the STCW Convention means the Annex to the International Convention on Standards of Training, Certifiation and Wathkeeping for Seafarers 1978, adopted by resolution 1 of the 2010 STCW Conferene (the Manila Amendments); ertifiate of ompeteny means a ertifiate issued and endorsed for masters, offiers and GMDSS radio operators in aordane with the provisions of hapters II, III, IV or VII of the Annex to the STCW Convention and entitling the lawful holder thereof to serve in the apaity and perform the funtions involved at the level of responsibility speified therein; ertifiate of profiieny means a ertifiate, other than a ertifiate of ompeteny issued to a seafarer, stating that the relevant requirements of training, ompetenies or seagoing servie in the STCW Convention have been met; Company means the owner of a Manx ship in aordane with the Merhant Shipping Registration At 1991 or Part 3 of the Harbours At 2010 (as the ase may be), or any other organisation or person suh as the manager, or the bareboat harterer, who has assumed responsibility for operation of the ship from the shipowner and who, on assuming suh responsibility, has agreed to take over all the duties and responsibilities imposed on the Company by the SOLAS Convention and the STCW Convention; Department means the Department of Eonomi Development 1 ; 1 Funtions transferred from the Department of Eonomi Development to the Department for Enterprise by the Transfer of Funtions (Eonomi Development and Eduation) Order 2017 (SD2017/0325) ) with effet from 24 November 2017 Page 4 SD 2014/0238

5 Merhant Shipping (Manning and STCW) Regulations 2014 Regulation 4 fishing vessel means a vessel used for athing fish, whales, seals or walrus or other living resoures of the sea; foreign ship means any ship whih is not a Manx ship; gross tonnage means the gross tonnage alulated in aordane with the Regulations for Determining Gross and Net Tonnages of Ships ontained in Annex I to the International Convention on Tonnage Measurement of Ships 1969; inspetor means a person appointed as an inspetor under setion 3 of the Merhant Shipping At 1985; international voyage means a voyage from a ountry to a port outside that ountry; length has the meaning given by paragraph (2); Manx ship has the meaning given by setion 1 of the Merhant Shipping Registration At 1991 and inludes a ship registered under Part IV of that At (the Demise Charter Register) or under Part 3 of the Harbours At 2010 (pleasure raft and ertain other vessels); master means the person having ommand of a ship; MSN means a Manx Shipping Notie issued by the Department of Eonomi Development and inludes any doument amending the same; pleasure vessel has the meaning given by regulation 6 of the Merhant Shipping (Pleasure Vessel) Regulations ; seafarer means any person who is employed or engaged or works in any apaity on-board a ship to whih these Regulations apply; seagoing Manx ship means a Manx ship other than one whih navigates exlusively in inland waters or in waters within, or losely adjaent to, sheltered waters or areas where port regulations apply; SOLAS Convention means the International Convention for the Safety of Life at Sea 1974, and its 1988 Protool, as adopted by the International Maritime Organization; STCW Code means the Seafarers Training, Certifiation and Wathkeeping Code adopted by resolution 2 of the 2010 STCW Conferene (the Manila Amendments); STCW Convention or STCW means the International Convention on Standards of Training, Certifiation and Wathkeeping for Seafarers 1978, inluding its Annex and the STCW Code, and all amendments made to that Convention up to and inluding those amendments made by resolutions 1 and 2 of the 2010 STCW Conferene (the Manila Amendments); 2 SD396/03 SD 2014/0238 Page 5

6 Regulation 5 Merhant Shipping (Manning and STCW) Regulations 2014 the 2010 STCW Conferene means the Conferene of Parties to the STCW Convention held in Manila on the 21 to 25 June 2010; and valid dispensation means a dispensation issued in aordane with Artile 8 of the STCW Convention. (2) Subjet to paragraph (3), in these Regulations length means 96% of the total length on a waterline of a ship at 85% of the least moulded depth measured from the top of the keel, or the length from the fore-side of the stem to the axis of the rudder stok on that waterline, if that be greater. (3) In ships designed with a rake of keel the waterline on whih length is measured shall be parallel to the designed waterline. (4) An expression not otherwise defined in these Regulations has the meaning (if any) given by the STCW Convention. 5 Company s responsibility (1) A Company must ensure a ship omplies with suh of the requirements of Parts 2 and 4 as apply in relation to a ship of its desription. (2) A Company must ensure a pleasure vessel omplies with Part 3. (3) Paragraphs (1) and (2) apply whether or not these Regulations impose an obligation on another person. (4) A Company whih fails to omply with paragraphs (1) or (2) ommits an offene and is liable on summary onvition to a fine not exeeding 10,000 3 or, on onvition on information, to imprisonment for a term not exeeding 2 years and a fine. 6 Provisions relating to offenes (1) It is a defene for a person harged under these Regulations to show that he or she took all reasonable steps to avoid the ommission of the offene. (2) If the ommission by any person of an offene under these Regulations is due to the at or default of some other person, that other person is guilty of the offene and a person may be harged with and onvited of the offene by virtue of this regulation whether or not proeedings are taken against the first-mentioned person. (3) If a body orporate is guilty of an offene under these Regulations, and that offene is proved to have been ommitted with the onsent or onnivane of, or to have been attributable to any neglet on the part of a diretor, manager, seretary or other similar offier of the body orporate, or any person who was purporting to at in any suh apaity, 3 Inreased to a fine not exeeding 10,000 by setion 55 of the Interpretation At 2015 with effet from 1 January 2018 Page 6 SD 2014/0238

7 Merhant Shipping (Manning and STCW) Regulations 2014 Regulation 7 he or she, as well as the body orporate, is guilty of that offene and is liable to be proeeded against and punished aordingly. (4) If the affairs of a body orporate are managed by its members, paragraph (3) applies in relation to the ats and defaults of a member in onnetion with his or her funtions of management as if the member is a diretor of the body orporate. (5) For the purposes of this regulation, body orporate inludes a limited liability ompany onstituted under the Limited Liability Companies At 1996 and, in relation to suh a ompany, any referene to a diretor or other offier of a body orporate is a referene to a member and to the ompany s manager and registered agent. PART 2 MINIMUM SAFE MANNING 7 Interpretation for this Part In this Part minimum safe manning doument means for a ship of 500 gross tonnage or over, the minimum safe manning doument required by SOLAS Chapter V, regulation 14; or 200 gross tonnage or over but less than 500 gross tonnage, a Manx minimum safe doument; issued by the Department in aordane with the provisions of regulation 9; and SOLAS Chapter V means Chapter V of the International Convention for the Safety of Life at Sea 1974, as amended by the 1988 Protool, inluding all amendments made to that Chapter up to and inluding those adopted by IMO Resolution MSC.350(92) on 21 June 2013 whih ame into fore on 1 January Minimum safe manning (1) A ship must not proeed to sea unless it arries a valid minimum safe manning doument; and is manned in aordane with the requirements of the minimum safe manning doument. (2) A minimum safe manning doument issued under paragraph (1) is only valid if it is issued in aordane with regulation 9; () for the period stated in it; for the operational area stated in it; SD 2014/0238 Page 7

8 Regulation 9 Merhant Shipping (Manning and STCW) Regulations 2014 (d) if any onditions stated in it are omplied with; and (e) if it has not been withdrawn under regulation 11. (3) In exeptional irumstanes, the Department may exempt a ship from the requirement to be manned in aordane with paragraph 1 for a period not exeeding 21 days. (4) An exemption issued under paragraph (3) is only valid () if it is in writing; for the period stated in it; and if any onditions stated in it are omplied with. (5) A master who fails to omply with paragraph (1) ommits an offene and is liable on summary onvition to a fine not exeeding 10,000 4 or, on onvition on information, to imprisonment for a term not exeeding 2 years and a fine. 9 Issue of a minimum safe manning doument A minimum safe manning doument may be issued by the Department to a ship if a proposal has been submitted to the Department for the minimum safe manning of a ship; and the Department has evaluated and approved the proposal for the minimum safe manning of a ship; taking into aount MSN Changes whih affet minimum safe manning No hange may be made to a ship s operational area, onstrution, mahinery, equipment, operation or maintenane whih affets a ship s minimum safe manning unless () a new proposal for a ship s minimum safe manning has been submitted to the Department in aordane with regulation 9; the new proposal for a ship s minimum safe manning has been evaluated and approved by the Department in aordane with regulation 9; and a new minimum safe manning doument has been issued by the Department. 4 Inreased to a fine not exeeding 10,000 by setion 55 of the Interpretation At 2015 with effet from 1 January 2018 Page 8 SD 2014/0238

9 Merhant Shipping (Manning and STCW) Regulations 2014 Regulation Minimum safe manning doument may be withdrawn (1) The Department may withdraw a minimum safe manning doument if a new minimum safe manning doument has not been issued in aordane with regulation 10 and a hange in operational area, onstrution, mahinery, equipment, operation or maintenane has taken plae that affets a ship s minimum safe manning; or the ship persistently fails to be in ompliane with the minimum hours of rest requirements presribed by Part 6 of the Merhant Shipping (Maritime Labour Convention) Regulations (2) For the purposes of paragraph (1), a minimum safe manning doument shall be onsidered to be withdrawn if an inspetor has withdrawn the minimum safe manning doument from the ship; or the Department has notified the master and Company in writing that the minimum safe manning doument is withdrawn. PART 3 PLEASURE VESSEL MANNING 12 Pleasure vessel manning (1) A pleasure vessel must not proeed to sea unless it is manned in aordane with the requirements of MSN 033. (2) A master who fails to omply with paragraph (1) ommits an offene and is liable on summary onvition to a fine not exeeding 10,000 6 or, on onvition on information, to imprisonment for a term not exeeding 2 years and a fine. PART 4 STCW CONVENTION 13 Interpretation for this Part In this Part CRA means the onfirmation of reeipt of appliation referred to in regulation 17(5); and Isle of Man endorsement means an endorsement issued by the Department attesting reognition of a ertifiate of ompeteny in aordane with STCW, regulation I/10. 5 SD0234/13 6 Inreased to a fine not exeeding 10,000 by setion 55 of the Interpretation At 2015 with effet from 1 January 2018 SD 2014/0238 Page 9

10 Regulation 14 Merhant Shipping (Manning and STCW) Regulations Requirement to omply with the STCW Convention (1) A seafarer must be assigned for servie on a ship in aordane with the requirements of the STCW Convention. (2) Without limiting paragraph (1), a seafarer assigned to a ship must () (d) hold a ertifiate of ompeteny in aordane with the requirements of hapters II, III, IV or VII of the Annex to the STCW Convention; hold a ertifiate of profiieny in aordane with the requirements of the STCW Convention; reeive refresher and updating training as required by the STCW Convention; and be familiarised with their speifi duties and with all ship arrangements, installations, equipment, proedures and ship harateristis that are relevant to their routine or emergeny duties in aordane with the requirements of the STCW Code, setion A-1/14 and taking into aount setion B-1/ Master s responsibility (1) In addition to the responsibility of the Company to ensure ompliane with the requirements of this Part, it is the responsibility of the master to ensure that () he or she does not engage any person not holding an appropriate ertifiate required by the STCW Convention; he or she does not allow any funtion or servie in any apaity required by the STCW Convention to be performed by a person not holding an appropriate ertifiate, valid dispensation, Isle of Man endorsement or CRA; and wathkeeping arrangements are adequate for maintaining a safe wath or wathes, taking into aount the prevailing irumstanes and onditions and that, under the master s general diretion (i) offiers in harge of the navigational wath are responsible for navigating the ship safely during their periods of duty, when they must be physially present on the navigating bridge or in a diretly assoiated loation suh as the hartroom or bridge ontrol room at all times; (ii) radio operators are responsible for maintaining a ontinuous radio wath on appropriate frequenies during their periods of duty; (iii) offiers in harge of an engineering wath, as defined in the STCW Code, under the diretion of the hief engineer Page 10 SD 2014/0238

11 Merhant Shipping (Manning and STCW) Regulations 2014 Regulation 16 (iv) (v) offier, must be immediately available and on all to attend the mahinery spaes and, when required, must be physially present in the mahinery spae during their periods of responsibility; an appropriate and effetive wath or wathes are maintained for the purpose of safety at all times, while the ship is at anhor or moored and, if the ship is arrying hazardous argo, the organisation of suh wath or wathes takes full aount of the nature, quantity, paking and stowage of the hazardous argo and of any speial onditions prevailing on board, afloat or ashore; and an appropriate and effetive wath or wathes are maintained for the purpose of seurity. (2) A master who fails to omply with paragraph (1) ommits an offene and is liable on summary onvition to a fine not exeeding 10,000 7 or, on onvition on information, to imprisonment for a term not exeeding 2 years and a fine. 16 Fraud or forged douments A person who obtains by fraud or by forged douments an engagement to perform any funtion or to serve in any apaity required by the STCW Convention to be performed or filled by a person holding a ertifiate or dispensation, ommits an offene and is liable on summary onvition to a fine not exeeding 10,000 8 or, on onvition on information, to imprisonment for a term not exeeding 2 years and a fine. 17 Isle of Man endorsement (1) Subjet to paragraph (2), in aordane with STCW regulation I/10, a master, offier or radio operator serving on a ship must have an Isle of Man endorsement issued by the Department. (2) The requirement to have an Isle of Man endorsement does not apply to a master, offier or radio operator who holds a ertifiate of ompeteny issued by the United Kingdom. (3) An Isle of Man endorsement may be issued by the Department to a seafarer if he or she holds a ertifiate of ompeteny issued by a ountry speified in MSN Inreased to a fine not exeeding 10,000 by setion 55 of the Interpretation At 2015 with effet from 1 January Inreased to a fine not exeeding 10,000 by setion 55 of the Interpretation At 2015 with effet from 1 January 2018 SD 2014/0238 Page 11

12 Regulation 18 Merhant Shipping (Manning and STCW) Regulations 2014 (4) In addition to the requirement in paragraph (3) to hold a ertifiate of ompeteny issued by a ountry speified in MSN 051, the Department may issue an Isle of Man endorsement to a seafarer who presents for endorsement, ertifiates issued under the provisions of STCW regulations II/2, III,2 or III/3, or issued under regulation VII/1 at the management level, only if the seafarer has appropriate knowledge of maritime legislation in aordane with MSN 051 relevant to the funtions they are permitted to perform; and a master or offier serving on an oil, gas or hemial tanker only if the seafarer holds a ertifiate of profiieny issued in aordane with STCW regulations V/1-1 or V/1-2 (as appropriate) by a ountry speified in MSN 051. (5) A master, offier or radio operator may serve on board a ship without an Isle of Man endorsement for a period not exeeding 3 months if () an appliation for an Isle of Man endorsement has been made to the Department; the Department has issued a onfirmation of reeipt of appliation (CRA) whih must be made available on board; and the seafarer holds an appropriate ertifiate issued and endorsed as required by the STCW Convention by a ountry speified in MSN 051. (6) An Isle of Man endorsement expires as soon as the ertifiate endorsed expires or is withdrawn, suspended or anelled by the Party whih issued it. 18 Doumentation to be maintained by the Company Doumentation and data relevant to a seafarer employed on a ship must be maintained and readily aessible and inlude doumentation and data on a seafarer s experiene, training, medial fitness and ompeteny in assigned duties. 19 Emergeny situations The ship s omplement must be able to effetively oordinate their ativities in an emergeny situation and perform funtions vital to safety, seurity and to the prevention or mitigation of pollution. 20 Safety familiarisation training, basi training or instrution Before being assigned to any shipboard duties, a seafarer must reeive safety familiarisation and basi training and instrution in aordane with the STCW Page 12 SD 2014/0238

13 Merhant Shipping (Manning and STCW) Regulations 2014 Regulation 21 Code, setion A-VI/1 and meet the standard of ompetene speified in the STCW Code, Tables A-VI/1-1 to A-VI/ Mandatory minimum requirements for personnel on passenger ships (1) For the purposes of STCW regulation V/2, paragraph 1 whih permits the Department to determine the appliability of STCW regulation V/2 to personnel serving on a passenger ship engaged on domesti voyages, the requirements of STCW regulation V/2 apply to personnel serving on a passenger ship engaged on domesti voyages. (2) In this regulation domesti voyage means a voyage from a ountry whih does not go to a port outside of that ountry. 22 Certifiate of profiieny for ship seurity offiers (1) A ship seurity offier serving on a ship to whih the Merhant Shipping (ISPS Code) Regulations applies must hold a ertifiate of profiieny issued in aordane with STCW regulation VI/5. (2) In this regulation ship seurity offier means the person on board the ship, aountable to the master, designated by the Company as responsible for the seurity of the ship inluding implementation and maintenane of the ship seurity plan and liaison with the Company seurity offier and port faility seurity offiers. 23 Certifiate to be kept on board In aordane with STCW regulation I/2, paragraph 11 any ertifiate required by the STCW Convention must be kept available in its original form on board the ship on whih the holder is serving. 24 Prevention of drug and alohol abuse (1) Adequate measures must be established for the purpose of preventing drug and alohol abuse on board a ship taking into aount MSN 050. (2) The adequate measures referred to in paragraph (1), must inlude a learly written poliy of drug and alohol prevention and must be made available to all seafarers on board; and ontain proedures to ensure a seafarer does not exeed the alohol limits stated in MSN 050 while they are performing designated safety, seurity or marine environmental duties. 9 SD2018/0278 SD 2014/0238 Page 13

14 Regulation 25 Merhant Shipping (Manning and STCW) Regulations Dispensation (1) In aordane with STCW Artile 8, in irumstanes of exeptional neessity the Department may issue a dispensation permitting a speified seafarer to serve on a speified ship for a speified period not exeeding 6 months in a apaity, other than that of radio offier or radiotelephone operator, for whih he or she does not hold the appropriate ertifiate. (2) A dispensation under paragraph (1) may be issued by the Department only in aordane with the provisions of STCW Artile Equivalents (1) In aordane with STCW Artile 9, the Department may retain or adopt equivalent eduational and training arrangements inluding those involving seagoing servie and shipboard organisation espeially adapted to tehnial developments and to speial types of ships and trades. (2) The equivalent arrangements in paragraph (1) may only be permitted if the level of seagoing servie, knowledge and effiieny as regards navigational and tehnial handling of ship and argo ensures a degree of safety at sea and has a preventative effet as regards pollution that is equivalent to the requirements of the STCW Convention. 27 Exemption (1) In aordane with the STCW Convention regulation II/3, paragraph 7 the Department may exempt the master and the offier in harge of a navigational wath on a ship or lass of ships from some of the requirements of STCW regulation II/3 and STCW Code, setion A-II/3. (2) An exemption under paragraph (1) may be issued by the Department only in aordane with the provisions of STCW regulations II/3, paragraph Condut of trials (1) In aordane with STCW regulation I/13, the Department may authorise a ship to partiipate in trials. (2) An authorisation under paragraph (1) may be issued by the Department only in aordane with the provisions of STCW regulation I/ Transitional arrangements (1) In aordane with STCW regulation I/15, paragraph 1 until 1 January 2017 the Department may ontinue to reognise and endorse ertifiates in aordane with the provisions of the STCW Convention whih Page 14 SD 2014/0238

15 Merhant Shipping (Manning and STCW) Regulations 2014 Regulation 30 applied immediately prior to 1 January 2012 in respet of those seafarers who ommened approved seagoing servie, an approved eduation and training programme or an approved training ourse before 1 July (2) Until 1 January 2017, the Department may ontinue to aept ertifiates of profiieny issued prior to 31 January 2000 by a Maritime and Coastguard Ageny (MCA) approved training entre as an equivalent to the ertifiates of profiieny required by the STCW Convention in aordane with the Table set out in Shedule 1 to these Regulations. PART 5 STCW CONVENTION FOREIGN SHIPS 30 Inspetion of a foreign ship (1) An inspetor may inspet a foreign ship alling in the normal ourse of its business or for operational reasons to a port in the Island to do one or more of the following () verify that a seafarer serving on board who is required to be ertifiated in aordane with the STCW Convention (i) (ii) holds an appropriate ertifiate or a valid dispensation; and has an endorsement or provides doumentary proof that an appliation for an endorsement has been submitted to the ship s flag State in aordane with STCW regulation I/10, paragraph (5); verify that the numbers and ertifiates of the seafarers serving on board are in onformity with the appliable safe manning requirements of the ship s flag State; assess, in aordane with the STCW Code, setion A-I/4 the ability of seafarers on the ship to maintain wathkeeping and seurity standards, as required by the STCW Convention if there are lear grounds for believing that the standards are not being maintained. (2) The lear grounds referred to in paragraph (1)() are if any of the following have ourred () the ship has been involved in a ollision, grounding or stranding; there has been disharge of substanes from the ship when underway, at anhor or at berth whih is illegal under any international onvention; the ship has been manoeuvred in an errati or unsafe manner whereby routeing measures adopted by the International Maritime Organization or safe navigation praties and proedures have not been followed; or SD 2014/0238 Page 15

16 Regulation 31 Merhant Shipping (Manning and STCW) Regulations 2014 (d) the ship is otherwise being operated in suh a manner as to pose a danger to persons, property, the environment, or a ompromise to seurity. (3) Defiienies whih may be deemed to pose a danger to persons, property or the environment inlude the following failure of a seafarer to () (d) (e) (i) (ii) hold an appropriate ertifiate or a valid dispensation; or to have an endorsement or provide doumentary proof that an appliation for an endorsement has been submitted to the ship s flag State in aordane with STCW regulation I/10, paragraph 5; failure to omply with the appliable safe manning requirements of the ship s flag State; failure of navigational or engineering wath arrangements to onform to the requirements speified for the ship by the ship s flag State; absene in a wath of a person qualified to operate equipment essential to safe navigation, safety radioommuniations or the prevention of marine pollution; and inability to provide, for the first wath at the ommenement of the voyage and for subsequent relieving wathes, persons who are suffiiently rested and otherwise fit for duty. (4) In this regulation flag State means the Government of the Party to the STCW Convention whose flag the ship is entitled to fly. 31 Provisions relating to detention of a foreign ship and offenes (1) If a ship fails to orret any of the defiienies referred to in regulation 30(3) and an inspetor determines that they pose a danger to persons, property or the environment, the ship may be detained. (2) In determining whether or not a defiieny poses a danger to persons, property or the environment, the inspetor must take into aount the size and type of the ship and the length and nature of the voyage. (3) If an inspetion is onduted or when measures are taken in aordane with paragraph (1), all reasonable efforts must be made to avoid the ship being unreasonably detained or delayed. (4) If a ship is detained in aordane with this regulation, setion 74 of the Merhant Shipping Registration At 1991 (whih relates to the detention of a ship) has effet, subjet to the following modifiations in sub-setions (1) and (2), after any offier of the Department, insert «any inspetor,»; Page 16 SD 2014/0238

17 Merhant Shipping (Manning and STCW) Regulations 2014 Regulation 32 in sub-setion (3), for this At (wherever ourring) substitute «the STCW Regulations»; and () at the end of the setion, add «(4) In this setion inspetor has the meaning given by regulation 4 of the STCW Regulations; and STCW Regulations means the Merhant Shipping (Manning and STCW) Regulations 2014.» PART 6 CONSEQUENTIAL AMENDMENTS 32 Consequential amendments Shedule 2 Consequential Amendments has effet. MADE 30 JUNE 2014 ALLAN BELL Minister for Eonomi Development SD 2014/0238 Page 17

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19 Merhant Shipping (Manning and STCW) Regulations 2014 SCHEDULE 1 SCHEDULE 1 EQUIVALENT CERTIFICATES OF PROFICIENCY REGULATION 29(2) STCW ertifiate of profiieny Profiieny in personal survival tehniques (STCW Code Table A-VI/1-1) Profiieny in survival raft and resue boats other than fast resue boats (STCW Code Table A-VI/2-1) Profiieny in fire prevention and fire fighting (STCW Code Table A-VI/1-2) Profiieny in advaned fire fighting (STCW Code Table A-VI/3) Certifiate of profiieny issued by an Maritime and Coastguard Ageny (MCA) approved training entre Basi sea survival Profiieny in survival raft or Lifeboatman ertifiate Merhant Navy Training Board 3 Day fire fighting ourse Merhant Navy Training Board 4 Day fire fighting ourse SD 2014/0238 Page 19

20 SCHEDULE 2 Merhant Shipping (Manning and STCW) Regulations The following are revoked SCHEDULE 2 CONSEQUENTIAL AMENDMENTS REGULATION 32 (1) the Merhant Shipping (Manning and Training) (Amendment) Regulations (SD260/03); (2) the Merhant Shipping (Manning and Training) (Amendment) Regulations 2002 (SD757/02); (3) the Merhant Shipping (Manning and Training) (Amendment) Regulations 1998 (SD401/98); (4) the Merhant Shipping (Pleasure Vessel) (Manning) Regulations 1989 (GC121/89); and (5) the Merhant Shipping (Certifiates of Competeny as A.B.) (Appliation) Order 1986 (GC218/86) whih applies the Merhant Shipping (Certifiates of Competeny as A.B.) Regulations 1970 (SI 1970 No. 294). 2. The Merhant Shipping (Fees) Regulations 2014 (SD2014/0005) are amended as follows. (1) In regulation 3 in the definition of safe manning ertifiate for Part 1 of the Merhant Shipping (Manning and Training) Regulations 1996 substitute «regulation 9 of the Merhant Shipping (Manning and STCW) Regulations 2014». (2) In Shedule 13, in Table 11 omit AB ertifiate of ompeteny The Merhant Shipping (Maritime Labour Convention) Regulations 2013 (SD0234/13) are amended as follows. (1) In regulation 9(3) after the Merhant Shipping (Manning and Training) Regulations 1996 insert «, the Merhant Shipping (Manning and STCW) Regulations 2014». (2) In regulation 60(3) for Merhant Shipping (Manning and Training) Regulations 1996 substitute «Merhant Shipping (Manning and STCW Regulations 2014». (3) Regulation 60(4) is omitted. Page 20 SD 2014/0238

21 Merhant Shipping (Manning and STCW) Regulations 2014 SCHEDULE 2 4. The Merhant Shipping (Pleasure Vessel) Regulations 2003 (SD396/03) are amended as follows. In Shedule 1 (from the table entitled Regulations made under setions 1, 2 and 5 of the Merhant Shipping At 1985 in whih the definition of "pleasure vessel" is amended ) omit Merhant Shipping (Pleasure Craft) (Manning) Regulations /89 2 In Shedule 1 (from the table entitled Regulations made under setion 34A of the Masters and Seamen At 1979 in whih the definition of "pleasure vessel" is amended ) omit Merhant Shipping (Manning and Training) (Amendment) Regulations / The Merhant Shipping (Demise Charter Register) (Amendment) Regulations 1999 (SD552/99) are amended as follows. In regulation 2(g) (from the table entitled Appliation of subordinate legislation ) omit 218/86 Merhant Shipping (Certifiates of Competeny As A.B.) (Appliation) Order 1986 The whole Order 401/98 Merhant Shipping (Manning and Training (Amendment) Regulations 1998 The whole Order 6. The Merhant Shipping (Life-Saving Applianes) Regulations 1999 (SD431/99) are amended as follows. (1) In regulation 2, the definition of ertifiated person is omitted. (2) In regulation 24, after paragraph (5) add «(6) In this regulation ertifiated person means a member of the rew who holds a ertifiate of profiieny in survival raft and resue boats (other than fast resue boats) issued in aordane with STCW regulation VI/2.1; and STCW has the meaning given by regulation 4 of the Merhant Shipping (Manning and STCW) Regulations 2014 (SD2014/0238).» SD 2014/0238 Page 21

22 SCHEDULE 2 Merhant Shipping (Manning and STCW) Regulations 2014 (3) In regulation 35(1), omit This training shall be additional to the initial familiarisation training required by Regulation 43(f) of the Merhant Shipping (Manning and Training) Regulations The Merhant Shipping (Radio Installations) Regulations 1999 (SD50/99) are amended as follows. In regulation 2, the definition of GMDSS general operator s ertifiate and GMDSS restrited operator s ertifiate is omitted. 8. Omitted by SD2014/0415 Merhant Shipping (Vessels in Commerial Use for Sport or Pleasure) Regulations The Merhant Shipping (Safety Provisions) (Amendment and Revoation) Regulations 1997 (SD037/97) are amended as follows. The following are revoked (1) regulation 2; and (2) Shedule The Merhant Shipping (Manning and Training) Regulations 1996 (SD723/96) are amended as follows. (1) The following are revoked Part 1; Part 2; () Part 4; (d) Part 5; (e) Part 7; (f) Part 8; (g) Part 11; and (h) Shedules 1 to 3. (2) In Part 6 regulations 43 to 49 and regulation 51 are omitted; and for regulation 50(1) and (2) substitute «(1) Every Manx passenger ship must arry the following number of qualified persons Means of evauation Number of qualified persons For every lifeboat boarded at the stowed position and 2 per lifeboat 10 SD 723/96 Page 22 SD 2014/0238

23 Merhant Shipping (Manning and STCW) Regulations 2014 SCHEDULE 2 apable of release and lowering from inside the boat For every lifeboat boarded at the stowed position and apable of being lowered from inside the boat after release externally For every lifeboat both released and lowered from the ship 2 per lifeboat, plus 1 additional person for every 2 boats 3 per lifeboat For eah davit launhed liferaft 1 per liferaft plus 1 additional person for eah davit For eah Marine Esape System 4 per system plus 1 additional person for eah raft assoiated with the system. (2) In this regulation qualified person means a member of the rew who holds a ertifiate of profiieny in survival raft and resue boats (other than fast resue boats) issued in aordane with the STCW regulation VI/2.1; and STCW has the meaning given by regulation 4 of the Merhant Shipping (Manning and STCW) Regulations 2014 (SD2014/0238).» 11. The Merhant Shipping (Offiial Log Books) Regulations 1992 (GC363/92) are amended as follows. (1) In regulation 1(2), the definition of the Safe Manning Doument Regulations is omitted. (2) In Shedule 1, Part 1, from the table entitled Entries relating to every ship in entry 8 the after A reord of is omitted; and omit any exemption granted under regulation 7 of the Safe Manning Doument Regulations. The master None 12. The Merhant Shipping (Life-Saving Applianes) (Ships built before 1st July 1986) Regulations 1991 (GC273/91) are amended as follows. SD 2014/0238 Page 23

24 SCHEDULE 2 Merhant Shipping (Manning and STCW) Regulations 2014 (1) In regulation 1(2), the definition of ertifiated person is omitted. (2) Regulation 46(2) is omitted. (3) At the end of regulation 46 add «(12) In this regulation ertifiated person means a member of the rew who holds a ertifiate of profiieny in survival raft and resue boats (other than fast resue boats) issued in aordane with STCW regulation VI/2.1; and STCW has the meaning given by regulation 4 of the Merhant Shipping (Manning and STCW) Regulations 2014 (SD2014/0238).» 13. The Merhant Shipping (Demise Charter Register) Regulations 1991 (GC394/91) are amended as follows. In Shedule 2, Part II, omit 218/86 Merhant Shipping (Certifiates of Competeny As A.B.) (Appliation) Order The whole Order 14. The Merhant Shipping (Masters and Seamen) At 1979 (.14) is amended as follows. (1) In setion 36(1) omit setions 1 and 2 of the Merhant Shipping At 1985,. (2) In setion 37 omit setions 1 and 2 of the Merhant Shipping At 1985,. (3) In setion 38(2) omit setions 1 and 2 of the Merhant Shipping At 1985,. Page 24 SD 2014/0238

25 Merhant Shipping (Manning and STCW) Regulations 2014 Explanatory Note EXPLANATORY NOTE (This note is not part of the Regulations) Parts 2 and 3 of these Regulations give effet to SOLAS Chapter V regulation 14, paragraphs (1) and (2) whih requires ships to be suffiiently and effiiently manned. Part 2 (amongst other things) prohibits a ship from proeeding to sea unless it has a safe manning doument issued by the Department and is manned in aordane with that safe manning doument. Part 3 applies to pleasure vessels and prohibits a pleasure vessel from proeeding to sea unless it is manned in aordane with MSN 038. Parts 4 of these Regulations gives effet to the International Convention on Standards of Training, Certifiation and Wathkeeping for Seafarers 1978, inluding its Annex and the STCW Code (the STCW Convention) up to and inluding those amendments made to the STCW Convention by the Manila Amendments, adopted in June Part 4 (amongst other things) requires ompanies to assign seafarers to ships in aordane with the requirements of the STCW Convention. Part 5 provides for the inspetion of a foreign ship whih alls in the normal ourse of its business or for operational reasons to a port in the Island in aordane with the requirements of the STCW Convention. The SOLAS Convention and the STCW Convention an be obtained from the International Maritime Organization, 4 Albert Embankment, London SE1 7SR. This text is marked with amendments made to these Regulations by: SD2014/0415 Merhant Shipping (Vessels in Commerial Use for Sport or Pleasure) Regulations 2014; SD2018/0187 Merhant Shipping (SOLAS Chapter V)(Safety of Navigation) Regulations 2018; SD2018/0278 Merhant Shipping (ISPS Code) Regulations 2018; Setion 55 of the Interpretation At 2015 whih inrease the fines with effet from 1 January The funtions in these Regulations have been transferred from the Department of Eonomi Development to the Department for Enterprise by the Transfer of Funtions (Eonomi Development and Eduation) Order 2017 (SD2017/0325) with effet from 24 November SD 2014/0238 Page 25