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Legislative Requirements

SOLAS – General Provisions

General Provisions

These regulations in general apply only to ships engaged on international voyages.

International voyage means a voyage from a SOLAS compliant country to a port outside such country, or conversely.

A passenger is every person other than:

The master and the members of the crew or other persons employed or engaged in any capacity on board a ship on the business of that ship; and a child less than one year of age.

A passenger ship is a ship, which carries more than twelve passengers.

A cargo ship is any ship, which is not a passenger ship.

A tanker is a cargo ship constructed or adapted for the carriage in bulk of liquid cargoes of an inflammable nature.

The present regulations, do not apply to:

(i) Ships of war and troopships.

(ii) Cargo ships of less than 500 gross tonnage.

(iii) Ships not propelled by mechanical means.

(iv) Wooden ships of primitive build.

(v) Pleasure yachts not engaged in trade.

(vi) Fishing vessels.

Inspection and survey

The inspection and survey of ships, shall be carried out by officers of the Administration. The Administration may, however, entrust the inspections and surveys either to surveyors nominated for the purpose or to organizations recognized by it.

An Administration nominating surveyors or recognizing organizations to conduct inspections and surveys shall as a minimum empower any nominated surveyor or recognized organization to:

(i) require repairs to a ship;

(ii) carry out inspections and surveys if requested by the appropriate authorities of a port State.

When a nominated surveyor or recognized organization determines that the condition of the ship or its equipment does not correspond substantially with the particulars of the certificate or is such that the ship is not fit to proceed to sea without danger to the ship, or persons on board, such surveyor shall immediately ensure that corrective action is taken and shall in due course notify the Administration. If such corrective action is not taken the relevant certificate should be withdrawn and the Administration shall be notified immediately; and, if the ship is in the port of another Party, the appropriate authorities of the port State shall also be notified immediately. When an officer of the Administration, a nominated surveyor has notified the appropriate authorities of the port State, the Government of the port State concerned shall give such officer, surveyor or organization any necessary assistance to carry out their obligations under this regulation. When applicable, the Government of the port State concerned shall ensure that the ship shall not sail until it can proceed to sea, or leave port for the purpose of proceeding to the appropriate repair yard, without danger to the ship or persons on board.

Surveys of passenger ships

A passenger ship shall be subject to the surveys specified below:

(i) an initial survey before the ship is put in service;

(ii) a renewal survey once every 12 months, except under certain conditions;

(iii) additional surveys, as occasion arises.

The surveys referred to above shall be carried out as follows:

(i) the initial survey shall include a complete inspection of the ship’s structure, machinery and equipment (includes Nautical publications), including the outside of the ship’s bottom and the inside and outside of the boilers. This survey shall be such as to ensure all the above fully comply with the requirements of SOLAS. The survey shall check that the ship is provided with the lights, shapes, means of making sound signals and distress signals as required by the provisions of the present regulations and the International Regulations for Preventing Collisions at Sea in force;

(ii) the renewal survey shall include all above as for the initial survey.

(iii) an additional survey either general or partial, according to the circumstances, shall be made after a repair, or whenever any important repairs or renewals are made. The survey shall be such as to ensure that the necessary repairs or renewals have been effectively made,

Surveys of life-saving appliances and other equipment of cargo ships

The life-saving appliances and other equipment of cargo ships of 500 gross tonnage shall be subject to the surveys specified below:

(i) an initial survey before the ship is put in service;

(ii) a renewal survey at intervals specified by the Administration but not exceeding 5 years, except under certain conditions;

(iii) a periodical survey within three months before or after the second anniversary date or within three months before or after the third anniversary date of the Cargo Ship Safety Equipment Certificate which shall take the place of one of the annual surveys as specified;

(iv) an annual survey within 3 months before or after each anniversary date of the Cargo Ship Safety Equipment Certificate;

(v) an additional survey as prescribed for passenger ships.

The surveys shall be carried out as follows:

(i) the initial survey shall include a complete inspection of the fire safety systems and appliances, life-saving appliances and arrangements except radio installations, the shipborne navigational equipment, means of embarkation for pilots and other equipment to ensure that they comply with the requirements of the present regulations, are in satisfactory condition and are fit for the service for which the ship is intended. The fire control plans, nautical publications, lights, shapes, means of making sound signals and distress signals shall also be subject to the abovementioned survey for the purpose of ensuring that they comply with the requirements of the present regulations and, where applicable, the International Regulations for Preventing Collisions at Sea (ii) the renewal and periodical surveys shall include an inspection of the equipment above (b)(i) to ensure that it complies with the relevant requirements of the present regulations and the International Regulations for Preventing Collisions at Sea in force, (iii) the annual survey shall include a general inspection of the equipment to ensure that it has been maintained and that it remains satisfactory for the service for which the ship is intended.

The periodical and annual surveys shall be endorsed on the Cargo Ship Safety Equipment Certificate.

Surveys of radio installations of cargo ships

The radio installations, including those used in life-saving appliances, of cargo ships shall be subject to the surveys specified below:

(i) an initial survey before the ship is put in service;

(ii) a renewal survey at intervals specified by the Administration but not exceeding five years;

(iii) a periodical survey within three months before or after each anniversary date of the Cargo Ship Safety Radio Certificate;

(iv) an additional survey as prescribed for passenger ships.

The surveys shall be carried out as follows:

(i) the initial survey shall include a complete inspection of the radio installations of cargo ships, including those used in life-saving appliances;

(ii) the renewal and periodical surveys shall include an inspection of the radio installations of cargo ships, including those used in lifesaving appliances.

The periodical surveys shall be endorsed on the Cargo Ship Safety Radio Certificate.

Surveys of structure, machinery and equipment of cargo ships

The structure, machinery and equipment (other than items in respect of which a Cargo Ship Safety Equipment Certificate and a Cargo Ship Safety Radio Certificate are issued) of a cargo ship shall be subject to the surveys and inspections specified below:

(i) an initial survey including an inspection of the outside of the ship’s bottom before the ship is put in service; (ii) a renewal survey at intervals specified by the Administration but not exceeding 5 years;

(iii) an intermediate survey within three months before or after the second anniversary date or within three months before or after the third anniversary date of the Cargo Ship Safety Construction Certificate, which shall take the place of one of the annual surveys (iv) an annual survey within 3 months before or after each anniversary date of the Cargo Ship Safety Construction Certificate;

(v) a minimum of two inspections of the outside of the ship’s bottom during any five year period. This five year period may be extended to coincide with the extended period of validity of the certificate. In all cases the interval between any two such inspections shall not exceed 36 months;

(vi) an additional survey as prescribed for passenger ships.

The surveys and inspections shall be carried out as follows:

(i) the initial survey shall include a complete inspection of the structure, machinery and equipment. This survey shall be such as to ensure that the arrangements, materials, scantlings and workmanship of the structure, boilers and other pressure vessels, their appurtenances, main and auxiliary machinery including steering gear and associated control systems, electrical installation and other equipment comply with the requirements of the present regulations, and that the required stability information is provided. In the case of tankers such a survey shall also include an inspection of the pump-rooms, cargo, bunker and ventilation piping systems and associated safety devices;

(ii) the renewal survey shall include an inspection of the structure, machinery and equipment as referred to in above to ensure that they comply with the requirements of the present regulations (iii) the intermediate survey shall include an inspection of the structure, boilers and other pressure vessels, machinery and equipment, the steering gear and the associated control systems and electrical installations to ensure that they remain satisfactory for the service for which the ship is intended. In the case of tankers, the survey shall also include an inspection of the pumprooms, cargo, bunker and ventilation piping systems and associated safety devices and the testing of insulation resistance of electrical installations in dangerous zones;

(iv) the annual survey shall include a general inspection of the structure, machinery and equipment referred to in paragraph (b)(i), to ensure that they have been maintained in accordance with regulation 11(a) and that they remain satisfactory for the service for which the ship is intended;

(v) the inspection of the outside of the ship’s bottom and the survey of related items inspected at the same time shall be such as to ensure that they remain satisfactory for the service for which the ship is intended..

The intermediate and annual surveys and the inspections of the outside of the ship’s bottom shall be endorsed on the Cargo Ship Safety Construction Certificate.

Maintenance of conditions after survey

The condition of the ship and its equipment shall be maintained to conform with the provisions of the present regulations to ensure that the ship in all respects will remain fit to proceed to sea without danger to the ship or persons on board.

After any survey of the ship under regulations 7, 8, 9 or 10 has been completed, no change shall be made in the structural arrangements, machinery, equipment and other items covered by the survey, without the sanction of the Administration.

Whenever an accident occurs to a ship or a defect is discovered, either of which affects the safety of the ship or the efficiency or completeness of its life-saving appliances or other equipment, the master or owner of the ship shall report at the earliest opportunity to the Administration, the nominated surveyor or recognized organization responsible for issuing the relevant certificate, who shall cause investigations to be initiated to determine whether a survey, is necessary. If the ship is in a port of another Contracting Government, the master or owner shall also report immediately to the appropriate authorities of the port State and the nominated surveyor or recognized organization shall ascertain that such a report has been made.

Issue or endorsement of certificates

A certificate called a Passenger Ship Safety Certificate shall be issued after an initial or renewal survey to a passenger ship which complies with the relevant requirements of chapters II-1, II-2, III, IV and V and any other relevant requirements of the present regulations;

A certificate called a Cargo Ship Safety Construction Certificate shall be issued after an initial or renewal survey to a cargo ship which complies with the relevant requirements of chapters II-1 and II-2 (other than those relating to fire safety systems and appliances and fire control plans) and any other relevant requirements of the present regulations;

A certificate called a Cargo Ship Safety Equipment Certificate{ shall be issued after an initial or renewal survey to a cargo ship which complies with the relevant requirements of chapters II-1, II-2, III and V and any other relevant requirements of the present regulations;

A certificate called a Cargo Ship Safety Radio Certificate shall be issued after an initial or renewal survey to a cargo ship which complies with the relevant requirements of chapter IV and any other relevant requirements of the present regulations;

A certificate called a Cargo Ship Safety Certificate may be issued after an initial or renewal survey to a cargo ship which complies with the relevant requirements of chapters II-1, II-2, III, IV and V and any other relevant requirements of the present regulations, as an alternative to the certificates referred to in above

Whenever in this chapter reference is made to a Cargo Ship Safety Construction Certificate, Cargo Ship Safety Equipment Certificate or Cargo Ship Safety Radio Certificate, it shall apply to a Cargo Ship Safety Certificate, if it is used as an alternative to these certificates.

The Passenger Ship Safety Certificate, the Cargo Ship Safety Equipment Certificate, the Cargo Ship Safety Radio Certificate and the Cargo Ship Safety Certificate, shall be supplemented by a Record of Equipment;

When an exemption is granted to a ship under and in accordance with the provisions of the present regulations, a certificate called an Exemption Certificate shall be issued in addition to the certificates prescribed in this paragraph;

The certificates referred to in this regulation shall be issued or endorsed either by the Administration or by any person or organization authorized by it. In every case, that Administration assumes full responsibility for the certificates.

A Contracting Government shall not issue certificates under, and in accordance with, the provisions of the International Convention for the Safety of Life at Sea, 1974, 1960, 1948 or 1929, after the date on which acceptance of the present Convention by the Government takes effect.

Issue or endorsement of certificates by another Government

A Contracting Government may, at the request of the Administration, cause a ship to be surveyed and, if satisfied that the requirements of the present regulations are complied with, shall issue or authorize the issue of certificates to the ship and, where appropriate, endorse or authorize the endorsement of certificates on the ship in accordance with the present regulations. Any certificate so issued shall contain a statement to the effect that it has been issued at the request of the Government of the State the flag of which the ship is entitled to fly, and it shall have the same force and receive the same recognition as a certificate issued under regulation 12.

Duration and validity of certificates

A Passenger Ship Safety Certificate shall be issued for a period not exceeding 12 months. A Cargo Ship Safety Construction Certificate, Cargo Ship Safety Equipment Certificate and Cargo Ship Safety Radio Certificate shall be issued for a period specified by the Administration which shall not exceed five years. An Exemption Certificate shall not be valid for longer than the period of the certificate to which it refers.

Notwithstanding above, when the renewal survey is completed within three months before the expiry date of the existing certificate, the new certificate shall be valid from the date of completion of the renewal survey to:

(1) for a passenger ship, a date not exceeding 12 months from the date of expiry of the existing certificate;

(2) for a cargo ship, a date not exceeding five years from the date of expiry of the existing certificate;

When the renewal survey is completed after the expiry date of the existing certificate, the new certificate shall be valid from the date of completion of the renewal survey to:

(1) for a passenger ship, a date not exceeding 12 months from the date of expiry of the existing certificate;

(2) for a cargo ship, a date not exceeding five years from the date of expiry of the existing certificate;

When the renewal survey is completed more than three months before the expiry date of the existing certificate, the new certificate shall be valid from the date of completion of the renewal survey to:

(1) for a passenger ship, a date not exceeding 12 months from the date of completion of the renewal survey;

(2) for a cargo ship, a date not exceeding five years from the date of completion of the renewal survey.

If a certificate other than a Passenger Ship Safety Certificate is issued for a period of less than five years, the Administration may extend the validity of the certificate beyond the expiry date to the maximum period specified in paragraph (a), provided that the surveys when a certificate is issued for a period of 5 years are carried out as appropriate.

If a renewal survey has been completed and a new certificate cannot be issued or placed on board the ship before the expiry date of the existing certificate, the person or organization authorized by the Administration may endorse the existing certificate and such a certificate shall be accepted as valid for a further period which shall not exceed 5 months from the expiry date.

If a ship at the time when a certificate expires is not in a port in which it is to be surveyed, the Administration may extend the period of validity of the certificate but this extension shall be granted only for the purpose of allowing the ship to complete its voyage to the port in which it is to be surveyed, and then only in cases where it appears proper and reasonable to do so. No certificate shall be extended for a period longer than three months, and a ship to which an extension is granted shall not, on its arrival in the port in which it is to be surveyed, be entitled by virtue of such extension to leave that port without having a new certificate. When the renewal survey is completed, the new certificate shall be valid to:

(i) for a passenger ship, a date not exceeding 12 months from the date of expiry of the existing certificate before the extension was granted;

(ii) for a cargo ship, a date not exceeding 5 years from the date of expiry of the existing certificate before the extension was granted.

A certificate issued to a ship engaged on short voyages which has not been extended under the foregoing provisions of this regulation may be extended by the Administration for a period of grace of up to one month from the date of expiry stated on it. When the renewal survey is completed, the new certificate shall be valid to:

(i) for a passenger ship, a date not exceeding 12 months from the date of expiry of the existing certificate before the extension was granted;

(ii) for a cargo ship, a date not exceeding 5 years from the date of expiry of the existing certificate before the extension was granted.

In special circumstances, as determined by the Administration, a new certificate need not be dated from the date of expiry of the existing certificate. In these special circumstances, the new certificate shall be valid to:

(i) for a passenger ship, a date not exceeding 12 months from the date of completion of the renewal survey;

(ii) for a cargo ship, a date not exceeding five years from the date of completion of the renewal survey.

If an annual, intermediate or periodical survey is completed before the period specified in the relevant regulations then:

(i) the anniversary date shown on the relevant certificate shall be amended by endorsement to a date which shall not be more than three months later than the date on which the survey was completed;

(ii) the subsequent annual, intermediate or periodical survey required by the relevant regulations shall be completed at the intervals prescribed by these regulations using the new anniversary date;

(iii) the expiry date may remain unchanged provided one or more annual, intermediate or periodical surveys, as appropriate, are carried out so that the maximum intervals between the surveys prescribed by the relevant regulations are not exceeded.

A certificate issued under regulation 12 or 13 shall cease to be valid in any of the following cases:

(i) if the relevant surveys and inspections are not completed within the periods specified under regulations

(ii) if the certificate is not endorsed in accordance with the present regulations;

(iii) upon transfer of the ship to the flag of another State. A new certificate shall only be issued when the Government issuing the new certificate is fully satisfied that the ship is in compliance with the requirements of regulation 11(a) and (b). In the case of a transfer between Contracting Governments, if requested within three months after the transfer has taken place, the Government of the State whose flag the ship was formerly entitled to fly shall, as soon as possible, transmit to the Administration copies of the certificates carried by the ship before a transfer and, if available, copies of the relevant survey reports.

Manning

The Contracting Governments undertake, each for its national ships, to maintain, or, if it is necessary, to adopt, measures for the purpose of ensuring that, from the point of view of safety of life at sea, all ships shall be sufficiently and efficiently manned.

Every ship to which chapter I of this Convention applies shall be provided with an appropriate safe manning document or equivalent issued by the Administration as evidence of the minimum safe manning considered necessary to comply with the provisions of above paragraph.

With respect to ships entitled to fly the flag of a State which is not a Party to the Convention and the present Protocol, the Parties to the present Protocol shall apply the requirements of the Convention and the present Protocol as may be necessary to ensure that no more favourable treatment is given to such ships.