Merchant Shipping (Load Line) Regulations 2015 - … · 2016-04-11 · MERCHANT SHIPPING (LOAD...

FA E R NAT F

TQUO U

BERMUDA

MERCHANT SHIPPING (LOAD LINE) REGULATIONS 2015

BR 43 / 2015

TABLE OF CONTENTS

PART IGENERAL

CitationInterpretationApplicationExemptionsGeneral compliance

PART IISURVEYS AND CERTIFICATES

Assignment of freeboardsInitial renewal and annual surveysIssue of appropriate certificatesDuration and extension of certificatesCertificates ceasing to be valid: surrender and cancellation of certificatesIssue of exemption certificatesPublication of load line certificate and notification of draughtsNon-Bermuda ships

PART IIILOAD LINE AND MARKS

MarkingDeck-lineLoad line markLoad linesTimber load linesAppropriate load line

12345

678910111213

141516171819

1


Position of load linesMethod of markingAuthorisation of removal, etc., of appropriate marksMark of Assigning Authority

PART IVCONDITIONS OF ASSIGNMENT

Requirements relevant to the assignment of freeboardsCompliance with conditions of assignmentRecord of particulars

PART VFREEBOARDS

Types of freeboardsDetermination of freeboardsGreater than minimum freeboardsSpecial position of deck-line: correction of freeboards

PART VISTABILITY

Information as to stability of shipsInformation as to loading and ballasting of ships

PART VIIEQUIVALENTS, PENALTIES AND DETENTION

EquivalentsPenaltiesOffences and penalties in relation to certificates and surveysDetention

SCHEDULE

The Minister responsible for Maritime Administration, after consulting the personsreferred to in section 94(3) of the Merchant Shipping act 2002 and in exercise of the powerconferred by sections 93 and 94(1) and (2) of that Act, makes the following Regulations:

PART I

GENERAL

CitationThese Regulations may be cited as the Merchant Shipping (Load Line) Regulations

2015.

InterpretationIn these Regulations—

20212223

242526

27282930

3132

33343536

1

2 (1)

2


“the 1966 Convention” means the International Convention on Load Lines, 1966;

“the 1988 Protocol” means the Protocol of 1988 relating to the 1966 Convention;

“alteration” includes deterioration;

“amidships” in relation to a ship means the middle of the ship's length (L);

“anniversary date” in relation to a certificate means the day and the month of eachyear which correspond to the date of expiry of the certificate;

“appropriate certificate” means an International Load Line Certificate or anInternational Load Line Certificate (1966);

“appropriate load line” means the load line directed to be marked on a shippursuant to regulation 6(2)(b), or in the case of a ship not surveyed under theseRegulations, pursuant to an International Load Line Certificate or anInternational Load Line Certificate (1966) which is in force, indicating themaximum depth to which the ship may be loaded in salt water in a particularzone or area and seasonal period;

“appropriate marks” means the appropriate load lines, the deck-line and load linemark;

“Assigning Authority” means the Minister or any person or organisation authorisedby the Minister for the purposes of these Regulations;

“clearance” includes trans-hire;

“conditions of assignment” means the conditions relating to construction,arrangement and stability with which a ship must comply in order to beassigned freeboards;

“Convention country” means a country or territory which is either—

a country the Government of which is party to the 1966 Convention or tothe 1966 Convention as amended by the 1988 Protocol; or

a territory to which the 1966 Convention or the 1966 Convention asamended by the 1988 Protocol extends;

“Convention-size” in relation to a ship means, in the case of an existing ship, of notless than 150 gross tons (ascertained in accordance with the law in force on 21July 1968), and in the case of a new ship, of not less than 24 metres in length;

“exclusive surveyor” means a surveyor appointed by and working exclusively for anAssigning Authority;

“Exemption Certificate” means an International Load Line Exemption Certificate;

“freeboards” means the distance measured vertically downwards at amidships fromthe upper edge of the deck-line described in regulation 15 to the position atwhich the upper edge of the load line appropriate to the freeboard is to bemarked;

(a)

(b)

3


“freeboard deck” means the deck from which the freeboards assigned to the shipare calculated, being—

the uppermost complete deck exposed to weather and sea, which haspermanent means of closing all openings open to the weather, and belowwhich all openings in the sides of the ship are fitted with permanent meansof watertight closing; or

at the request of the owner and subject to the approval of the Minister, adeck lower than that described in subparagraph (a) and, it being a completeand permanent deck which is continuous both in a fore and aft directionat least between the machinery space and peak bulkheads of the ship, atthwartships, and

a deck which is stepped being taken to consist for this purpose of the lowestline of the deck and the continuation of that line parallel to the upper part ofthe deck;

“International Load Line Certificate” means an International Load Line Certificateissued under the 1966 Convention as amended by the 1988 Protocol;

“International Load Line Certificate (1966)”means an International Load LineCertificate issued under the 1966 Convention before the relevant entry intoforce date (if any);

“International Load Line Exemption Certificate” means an International Load LineExemption Certificate issued under the 1966 Convention as amended by the1988 Protocol;

“International Load Line Exemption Certificate (1966)” means an InternationalLoad Line Exemption Certificate issued under the 1966 Convention before therelevant entry into force date (if any);

“international voyage” means a voyage between—

a port in Bermuda and a port outside Bermuda; or

a port in a Convention country (other than Bermuda) and a port in anyother country or territory (whether a Convention country or not) which isoutside Bermuda;

“length” and "(L)" in relation to a ship means the greater of the followingdistances—

96% of the total length on a waterline at 85% of the least moulded depthmeasured from the top of the keel; or

the length from the fore-side of the stem to the axis of the rudder stock onthat waterline.

Where the stem contour is concave above the waterline at 85% of the leastmoulded depth, both the forward terminal of the total length and the fore-sideof the stem respectively shall be taken at the vertical projection to that waterlineof the aftermost point of the stem contour (above that waterline). In ships

(a)

(b)

(a)

(b)

(a)

(b)

4


designed with a rake of keel, the waterline on which this length is measuredshall be parallel to the designed waterline;

“load line” means a mark on the ship indicating the maximum depth to which aship may be loaded;

“Maritime and Coastguard Agency” means the Maritime and Coastguard Agency,of the United Kingdom Department for Transport;

“material date” in relation to a new or existing ship is—

in relation to a ship whose parent country is a Convention country otherthan Bermuda, the date on which the 1966 Convention entered into forcefor that country; or

in relation to any other ship, the 21st July 1968;

“Merchant Shipping Notice” means a Notice described as such and issued by theMaritime and Coastguard Agency, and any reference to a particular MerchantShipping Notice includes a reference to any Merchant Shipping Noticeamending that Notice;

“Minister” means the Minister with responsibility for Maritime Administration;

“moulded depth” in relation to a ship means the vertical distance measured fromthe top of the keel to the top of the freeboard deck beam at side, except that—

in the case of a wood or composite ship, it shall be measured from the loweredge of the keel rabbet;

if the form at the lower part of the midship section of the ship is of a hollowcharacter or if thick garboards are fitted, it shall be measured from thepoint where the line of the flat of the bottom continued inwards cuts theside of the keel;

in the case of a ship having rounded gunwales it shall be measured to thepoint 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

if the freeboard deck is stepped and the raised part of the deck extends overthe point at which the moulded depth is to be determined, it shall bemeasured to a line of reference extending from the lower part of the deckalong a line parallel to the raised part of the deck;

“new ship” means a ship whose keel is laid, or which is at a similar stage ofconstruction, on or after the material date and "existing ship" means a shipwhich is not a new ship;

“non-Bermuda ship” means any ship other than a Bermuda ship within themeaning of section 93(4) of the Merchant Shipping Act 2002;

“parent country”, in relation to a ship, means the country or territory in which theship is registered or, if the ship is not registered anywhere, it means the countryor territory whose flag the ship flies;

(a)

(b)

(a)

(b)

(c)

(d)

5


“pleasure vessel” means—

any ship which at the time it is being used is —

in the case of a ship wholly owned by an individual or individuals, usedonly for the sport or pleasure of the owner or the immediate family orfriends of the owner or in the case of a ship owned by a body corporate,used only for sport or pleasure and on which the persons are employeesor officers of the body corporate, or their immediate families or friends;and

on a voyage or excursion for which the owner does not receive moneyfor or in connection with operating the ship or carrying any person,other than as a contribution to the direct expenses of the operation ofthe ship incurred during the voyage or excursion; or

any ship wholly owned by or on behalf of a members' club formed for thepurpose of sport or pleasure which, at the time it is being used, is usedonly for the sport or pleasure of members of that club or their immediatefamilies; and for the use of which any charges levied are paid into clubfunds and applied for the general use of the club,

and in the case of any ship referred to in paragraph (a) or (b) no otherpayments are made by or on behalf of users of the ship, other than by theowner.

In this definition "immediate family" means the husband or the wife of theindividual; and "relative" means brother or sister of the individual; ancestor orlineal descendant of the individual;

“rake of keel” means the inclination of the keel to a horizontal baseline;

“relevant entry into force date ”means the date when the 1988 Protocol enters intoforce in respect of the Government of the parent country of the ship in question;

“sailing ship” means a ship designed to carry sail, whether as the sole means ofpropulsion, or as a supplementary means;

“sea” means beyond Bermuda territorial waters;

“surveyor” means a surveyor appointed by the Minister or an exclusive surveyor ofany other Assigning Authority;

“valid Convention certificate” means—

an International Load Line Certificate or an International Load LineExemption Certificate, which is in force; or

an International Load Line Certificate (1966) or an International Load LineExemption Certificate (1966), which is in force;

“watertight” in relation to any part of the ship, means capable of preventing thepassage of water in any direction.

(a)

(i)

(ii)

(b)

(a)

(b)

6


In determining, for the purposes of the definition of an international voyage,what are the ports between which a voyage is made, no account shall be taken of anydeviation by a ship from its intended voyage which is solely due to stress of weather or anyother circumstance which neither the master nor the owner nor the charterer (if any) of theship could have prevented or forestalled.

Any reference in these Regulations to the 1966 Convention includes anyamendment of it considered by the Minister to be relevant from time to time, and specifiedin a Merchant Shipping Notice.

ApplicationThese Regulations apply to Bermuda ships wherever they may be and to other

ships while they are within Bermuda waters, except—

ships of war;

ships solely engaged in fishing;

pleasure vessels;

ships which do not go to sea; and

ships under 80 net tons falling within one of the classes specified inparagraph (2) engaged solely in the coasting trade, and, subject toparagraph (3), not carrying cargo.

classes referred to in paragraph (1)(e) are—

tugs or salvage ships;

hopper barges or dredgers;

ships used by or on behalf of—

a Marine and Ports authority for the purpose of the authority'sfunctions as such;

a Government department for fishery protection purposes, or a localfisheries committee for the regulation of sea fisheries within its district;

a Government department for fishery or scientific research; or

ships in respect of which passenger certificates are in force specifying limitsbeyond which the ship must not ply, and which operate solely within thoselimits.

A ship referred to in paragraph (1)(e) falling within the class in paragraph (2)(d)shall be exempted from these Regulations while carrying cargo in accordance with theterms, if any, of the ship's passenger certificate expressly authorising the carriage of cargo.

ExemptionsSubject to paragraph (4), the Minister may exempt from these Regulations—

(2)

(3)

3 (1)

(a)

(b)

(c)

(d)

(e)

(2)

(a)

(b)

(c)

(i)

(ii)

(iii)

(d)

(3)

4 (1)

7


any ship which embodies features of a novel kind if the development ofthose features and their incorporation in ships engaged on internationalvoyages might be seriously impeded if the ship had to comply with all therequirements of these Regulations;

any ship plying on international voyages between near neighbouring portsif—

in his opinion the sheltered nature and condition of the voyages makesit unreasonable or impracticable to apply these Regulations; and

he is satisfied that the Government of the other country (or, as the casemay be, of each of the other countries) concurs in that opinion.

Subject to paragraph (4), the Minister may exempt from these Regulations—

a ship which is not a Convention-size ship;

any other ship which does not ply on international voyages.

Subject to paragraph (4), where a Bermuda ship does not normally ply oninternational voyages but is, in exceptional circumstances, required to undertake a singleinternational voyage, the Minister may exempt the ship while engaged on that voyage.

Any exemption conferred under this regulation may be conferred subject tosuch conditions as the Minister thinks fit and, where any such exemption is conferredsubject to conditions, the exemption shall not have effect unless those conditions arecomplied with.

General complianceSubject to any exemption conferred under these Regulations, a ship shall not

proceed, or attempt to proceed, to sea unless—

it has been surveyed in accordance with these Regulations;

it is marked with the appropriate marks;

it complies with the conditions of assignment applicable to it; and

the information required by regulations 31 and 32 is provided for theguidance of the master of the ship.

Paragraph (1) does not apply to a non-Bermuda ship in respect of which a validConvention certificate is produced.

A ship shall not be so loaded that—

if the ship is in salt water and has no list the appropriate load line on eachside of the ship is submerged; or

in any other case, the appropriate load line on each side of the ship wouldbe submerged if the ship were in salt water and had no list.

A ship shall not proceed to sea when it is in contravention of paragraph (3).

(a)

(b)

(i)

(ii)

(2)

(a)

(b)

(3)

(4)

5 (1)

(a)

(b)

(c)

(d)

(2)

(3)

(a)

(b)

(4)

8


Before any ship proceeds to sea from any port in Bermuda, the master of thatship shall produce to an officer of customs from whom a clearance for the ship is demandedfor an international voyage a valid Convention certificate.

For the purpose of this regulation, where a valid Convention certificate cannotbe produced the freeboard deck and the freeboard shall be determined in accordance withthese Regulations and the appropriate load line shall be the maximum depth to which theship may be loaded in salt water.

PART II

SURVEYS AND CERTIFICATES

Assignment of freeboardsThe Assigning Authority shall assign freeboards to a Bermuda ship in

accordance with the requirements of these Regulations.

The Assigning Authority shall—

determine the particulars of the freeboards to be assigned;

determine which of the load lines described in Part III are to be marked onthe sides of the ship in accordance with the requirements of that Part;

determine the position where the load lines, the deck-line and the load linemark are to be so marked; and

complete a copy of the record of particulars relating to the conditions ofassignment.

Where a passenger ship is marked with subdivision load lines, and the lowestof those lines is lower than the line which is the appropriate load line then that subdivisionload line shall have effect as if it is the appropriate load line for the purposes of theseRegulations.

Initial renewal and annual surveysA Bermuda ship shall be subject to the following surveys—

an initial survey before the ship is put into service, which shall include acomplete inspection of its structure and equipment as required by theseRegulations; this survey shall be such as to ensure that the arrangements,materials and scantlings comply fully with the requirements of theseRegulations;

a renewal survey at intervals not exceeding five years (except whereregulation 9 (2)(a), (5), (6) or (7) is applicable), which shall be such as toensure that the structure, equipment, arrangements, materials andscantlings comply fully with the requirements of these Regulations;

an annual survey within the period of three months before or after eachanniversary date of the appropriate certificate to ensure that—

(5)

(6)

6 (1)

(2)

(a)

(b)

(c)

(d)

(3)

7 (1)

(a)

(b)

(c)

9


alterations have not been made to the hull or superstructures whichwould affect the calculations determining the position of the load line;

the fittings and appliances for the protection of openings, guard rails,freeing ports and means of access to crew's quarters are maintained inan effective condition;

the appropriate marks are correctly and permanently indicated; and

information is provided in accordance with regulations 31 and 32.

The owner and master shall ensure that after any of the surveys referred to inparagraph (1) has been completed, no material alteration is made to the ship, its structureor equipment, without the approval of the Assigning Authority.

After a satisfactory annual survey referred to in paragraph (1)(c), the surveyorshall endorse either the International Load Line Certificate or the International Load LineCertificate (1966) accordingly.

Issue of appropriate certificatesSubject to regulation 9, the Assigning Authority shall issue an International

Load Line Certificate in respect of a Bermuda ship which has been surveyed and markedin accordance with these Regulations.

An International Load Line Certificate shall be in the form prescribed by AnnexIII to the 1988 Protocol.

Subject to any exemption conferred by or under these Regulations, a ship shallnot proceed, or attempt to proceed to sea, unless the appropriate certificate is in force inrespect of that ship.

The Minister may request, through a proper officer or otherwise, theGovernment of a Convention country to survey a Bermuda ship and, if satisfied that therequirements of the Convention are complied with—

issue or authorise the issue of, in respect of the ship, an International LoadLine Certificate; or

in the case of an annual survey required under regulation 7(1)(c), endorseor authorise the endorsement of the International Load Line Certificate, orthe International Load Line Certificate (1966) accordingly,

and a certificate issued or an endorsement made in accordance with such a request, andcontaining a statement that it has been so issued or made, shall have the same effect as ifit had been issued by the Minister or made by a surveyor respectively.

In the case of a ship that has been transferred from the registry of theGovernment of another country to the Bermuda registry, the Assigning Authority, subjectto such survey requirements it considers to be necessary as may issue an InternationalLoad Line Certificate for a period to be determined by the Assigning Authority, but for notlonger than the period of validity of the certificate issued by or on behalf of the Governmentof that other country if satisfied that—

(i)

(ii)

(iii)

(iv)

(2)

(3)

8 (1)

(2)

(3)

(4)

(a)

(b)

(5)

10


the ship has already been subjected to satisfactory initial renewal andannual surveys, as appropriate;

the condition of the ship, including its structure and equipment, has beenmaintained so as to comply with the requirements of the 1966 Conventionapplicable to the ship;

after any of the surveys referred to in subparagraph (a) have beencompleted, no material change has been made to the ship, including itsstructure and equipment, subject to such surveys, without the approval ofthe administration of that State; and

that the intact stability information approved by or on behalf of theGovernment of that other country is in English and complies with therequirements of the International Maritime Organization's Resolution A.167(ES.1V).

Duration and extension of certificatesSubject to paragraphs (2) to (8), the duration of any certificate issued under

these Regulations shall not exceed a period of five years beginning with the date ofcompletion of the initial or renewal survey referred to in regulation 7(1)(a) or (b) respectively.

When the renewal survey referred to in regulation 7(1)(b) is completed—

within three months before the expiry of the existing certificate, the newcertificate shall be valid for a period beginning with the date of completionof the renewal survey and ending on a date which does not exceed five yearsfrom the expiry of the existing certificate;

after the expiry of the existing certificate, the new certificate shall be validfor a period beginning with the date of completion of the renewal surveyand ending on a date which does not exceed five years from the expiry ofthe previous certificate;

more than three months before the expiry of the existing certificate, thenew certificate shall be valid for a period beginning with the date ofcompletion of the renewal survey and ending on a date which does notexceed five years from the date of completion of the renewal survey.

If a certificate is issued for a period of less than five years, the AssigningAuthority may extend the validity of the certificate beyond the expiry date to the maximumperiod specified in paragraph (1), provided that the annual surveys applicable when acertificate is issued for a period of five years shall have been carried out as appropriate.

If, after the renewal survey, a new certificate cannot be issued to the ship beforethe expiry of the existing certificate, the Assigning Authority may extend the validity of theexisting certificate for a period which shall not exceed five months: this extension shall beendorsed on the certificate, and shall be granted only where there have been no alterationsin the structure, equipment, arrangements, materials or scantlings which affect the ship'sfreeboard.

(a)

(b)

(c)

(d)

9 (1)

(2)

(a)

(b)

(c)

(3)

(4)

11


If, at the time when a certificate expires, a ship is not in a port in which it is tobe surveyed, the Assigning Authority may extend the validity of the certificate but thisextension shall be granted only where it appears proper and reasonable to the AssigningAuthority to do so, for the purpose of allowing the ship to complete its voyage to the port inwhich it is to be surveyed.

No certificate shall be extended for a period longer than three months beginningwith the date of expiry, and a ship to which an extension is granted shall not, on its arrivalin the port in which it is to be surveyed, be entitled by virtue of such extension to leave thatport without having a new certificate.

When the renewal survey is completed, the new certificate shall be valid for aperiod ending on a date which does not exceed five years from the expiry of the previouscertificate before the extension was granted.

A certificate issued to a ship engaged on short voyages which has not beenextended under paragraph (3), (4), (5), (6) or (7) of this regulation may be extended by theAssigning Authority for a period of not more than one month beginning with the date of itsexpiry: when the renewal survey is completed the new certificate shall be valid for a periodending on a date which does not exceed five years from the expiry of the previous certificatebefore the extension was granted.

In special circumstances, as determined by the Assigning Authority, a newcertificate need not be dated from the expiry of the previous certificate before the extensionwas granted, as required by paragraphs (2), (5), (6), (7) and (8): in these specialcircumstances, the new certificate shall be valid for a period ending on a date which is notmore than five years from the date of completion of the renewal survey.

If an annual survey is completed before the period specified in regulation 7(1)(c), then—

a new anniversary date shall be endorsed on the certificate which shall notbe more than three months later than the date on which the annual surveywas completed;

the subsequent annual survey required by regulation 7(1)(c) shall becompleted at the intervals prescribed by that regulation using the newanniversary date;

the expiry date of the certificate may remain unchanged provided one ormore annual surveys are carried out so that the maximum intervalsbetween the surveys prescribed by regulation 7(1)(c) are not exceeded.

Certificates ceasing to be valid: surrender and cancellation of certificatesAn appropriate certificate issued in respect of a Bermuda ship shall cease to

be valid where—

material alterations have taken place in the hull or superstructures of theship such as would necessitate the assignment of an increased freeboard;

(5)

(6)

(7)

(8)

(9)

(10)

(a)

(b)

(c)

10 (1)

(a)

12


the fittings and appliances mentioned in regulation 7(1)(c)(ii) are notmaintained in an effective condition;

the certificate is not endorsed in accordance with regulation 7(3) to showthe ship has been surveyed in accordance with regulation 7(1)(c);

the structural strength of the ship is lowered to such an extent that theship is unsafe;

a new certificate is issued in respect of the ship; or

the ship ceases to be a Bermuda ship.

The Minister may cancel an appropriate certificate issued in respect of aBermuda ship if he is satisfied that—

the certificate was issued on false or erroneous information;

information on the basis of which freeboards were assigned to the ship wasincorrect in a material particular; or

the ship ceases to comply with the conditions of assignment relating to it.

Where the Minister proposes to cancel a certificate, he shall first notify theowner in writing, specifying the grounds for the proposed cancellation.

Subject to paragraph (5), the Minister shall not cancel the certificate until theowner has been given a reasonable opportunity to make representations, and the Ministerhas considered any such representations made.

Paragraph (4) shall not apply where the Minister considers that urgent safetyconsiderations so require.

The Minister may require any certificate issued under these Regulations whichhas expired, ceased to be valid, or been cancelled, to be surrendered as he directs.

The requirement that the notification referred to in paragraph (3) should be inwriting is satisfied where the text of the notification is—

transmitted by electronic means;

received in legible form; and

capable of being used for subsequent reference.

Issue of exemption certificatesWhere a ship is exempted under regulation 4(1), (2) or (3), an International Load

Line Exemption Certificate in the form prescribed by the 1966 Convention as amended byAnnex III to the 1988 Protocol shall be issued in respect of the ship by the Minister.

Except in so far as the nature or terms of any such exemption require thecontrary—

the ship shall be assigned freeboards in accordance with regulation 6;

(b)

(c)

(d)

(e)

(f)

(2)

(a)

(b)

(c)

(3)

(4)

(5)

(6)

(7)

(a)

(b)

(c)

11 (1)

(2)

(a)

13


the ship shall be subject to surveys in accordance with regulation 7; and

regulations 7 to 9 shall apply in relation to the Exemption Certificate asthey apply in relation to an appropriate certificate, subject to thesubstitution, for references in the said regulations to an AssigningAuthority, of references to the Minister.

Publication of load line certificate and notification of draughtsWhere an appropriate certificate or an Exemption Certificate is issued in

respect of a Bermuda ship, the owner and master of the ship shall ensure that it is keptlegible and posted up in some conspicuous place on board the ship.

Before any Bermuda ship leaves any dock, wharf, harbour or other place forthe purpose of proceeding to sea, the master of the ship shall, subject to paragraph (4),ensure that a notice is posted up in some conspicuous place on board the ship, in a formand containing such particulars relating to the depth to which the ship is loaded as isspecified in Schedule 7 of Merchant Shipping Notice MSN 1752 (M).

Where a notice has been posted up in accordance with paragraph (2), themaster of the ship shall cause it to be kept posted and legible until the ship arrives at someother dock, wharf, harbour or place.

Paragraph (2) does not apply to ships employed on a near-coastal voyage.

Non-Bermuda shipsThe Minister may, at the request of a Government of a Convention country, survey

a ship registered in that country and if satisfied that the requirements of the 1966Convention as amended by the 1988 Protocol are complied with and that a survey has beensatisfactorily completed in accordance with these Regulations, issue to the ship anInternational Load Line Certificate and, where appropriate, endorse such certificate inaccordance with the requirements of the 1966 Convention as amended by the 1988Protocol: a certificate issued in accordance with such a request shall contain a statementthat it has been so issued and shall have the same effect as if it were issued by thatGovernment and not by the Minister.

PART III

LOAD LINE AND MARKS

MarkingThe load line directed to be marked on the ship pursuant to regulation 6(2)(b),

the deckline and the load line mark shall be marked by the owner on each side of the shipin accordance with the directions of the Assigning Authority and the requirements of thisPart.

Where an Exemption Certificate is issued in association with the assignmentof special freeboards which are less than those required by regulation 28, the ship shall bemarked by the owner in accordance with regulation 21(4).

(b)

(c)

12 (1)

(2)

(3)

(4)

13

14 (1)

(2)

14


Deck-lineThe deck-line shall consist of a horizontal line 300 mm in length and 25 mm

in width and shall be marked amidships on each side of the ship so as to indicate theposition of the freeboard deck.

Subject to paragraph (3), the deck-line shall be marked in such a position onthe side of the ship that its upper edge passes through the point amidships where thecontinuation outwards of the upper surface of the freeboard deck, or of any sheathing ofthat deck, intersects the outer surface of the shell of the ship as shown in Figure 1 in theSchedule.

Where the design of the ship, or other circumstances, renders it impracticableto mark the deck-line in accordance with paragraph (2), the Assigning Authority may directthat it be marked by reference to another fixed point as near as practicable to the positiondescribed in paragraph (2).

Load line markThe load line mark as shown in Figure 2 in the Schedule shall consist of a ring 300

mm in outside diameter and 25 mm wide, intersected by a horizontal line 450 mm long and25 mm wide, the upper edge of which passes through the centre of the ring: the centre ofthe ring shall be marked amidships vertically below the deck-line so that, except asotherwise provided in regulation 30, the distance from the centre of the ring to the upperedge of the deck-line is equal to the Summer freeboard assigned to the ship.

Load linesExcept as otherwise provided for in paragraph (3), the load lines shown in

Figure 2 in the Schedule shall consist of horizontal lines of 230 mm in length and 25 mmin width extending forward or abaft a vertical line 25 mm in width marked 540 mm forwardof the centre of the ring of the load line mark and at right angles to that line: the individualload lines shall be—

the Summer load line, which shall extend forward of the said vertical line,and shall correspond horizontally with the line passing through the centreof the ring of the load line mark, and shall be marked S;

the Winter load line, which shall extend forward of the vertical line, and bemarked W;

the Winter North Atlantic load line, which shall extend forward of thevertical line, and be marked WNA;

the Tropical load line, which shall extend forward of the vertical line, andbe marked T;

the Fresh Water load line, which shall extend abaft the vertical line, andbe marked F; and

the Tropical Fresh Water load line, which shall extend abaft the verticalline and be marked TF.

15 (1)

(2)

(3)

16

17 (1)

(a)

(b)

(c)

(d)

(e)

(f)

15


The maximum depth to which a ship may be loaded in relation to a load linereferred to in paragraph (1) shall be the depth indicated by the upper edge of the appropriateload line.

In the case of a sailing ship—

the Summer load line shall consist of the line passing through the centreof the ring of the load line mark; and

the Winter North Atlantic load line and Fresh Water load line only shall bemarked on the ship as shown in Figure 3 in the Schedule.

Timber load linesTimber load lines shall consist of horizontal lines of the dimensions specified

in respect of such lines in regulation 17(1), extending abaft or forward of a vertical line 25mm in width and marked 540 mm abaft the centre of the ring of the load line mark and atright angles to that line as shown in Figure 4 in the Schedule and individual Timber loadlines shall be as follows—

the Summer Timber load line, which shall extend abaft the said verticalline and be marked LS;

the Winter Timber load line, which shall extend abaft the vertical line andbe marked LW;

the Winter North Atlantic Timber load line, which shall extend abaft thevertical line and be marked LWNA;

the Tropical Timber load line, which shall extend abaft the vertical line andbe marked LT;

the Fresh Water Timber load line, which shall extend forward of the verticalline and be marked LF; and

the Tropical Fresh Water Timber load line, which shall extend forward ofthe vertical line and be marked LTF.

The maximum depth to which a ship may be loaded in relation to a Timber loadline referred to in paragraph (1) shall be the depth indicated by the upper edge of theappropriate Timber load line.

Appropriate load lineThe appropriate load line in respect of a ship at any particular zone or area and

seasonal period shall be ascertained in accordance with Schedule 1 of Merchant ShippingNotice MSN 1752 (M).

Position of load linesEach load line shall be marked in such a position on each side of the ship that the

distance measured vertically downwards from the upper edge of the deck-line to the upperedge of the load line is equal to the freeboard assigned to the ship which is appropriate tothat load line.

(2)

(3)

(a)

(b)

18 (1)

(a)

(b)

(c)

(d)

(e)

(f)

(2)

19

20

16


Method of markingThe appropriate marks shall be marked in such a manner as to be plainly

visible.

If the sides of the ship are of metal, the appropriate marks shall be cut in, centrepunched or welded; if the sides of the ship are of wood, the marks shall be cut into theplanking to a depth of not less than 3 mm; if the sides are of other materials to which theforegoing methods of marking cannot effectively be applied, the marks shall be permanentlyaffixed by bonding or some other effective method.

The appropriate marks shall be painted in white or yellow if the background isdark, and in black if the background is light.

Where an Exemption Certificate is issued in association with the assignmentof special freeboards which are less than those required by regulation 28, the load lines andthe load line mark shall be marked on the ship by being painted in red on a contrastingbackground and shall comply with paragraph (2).

Authorisation of removal, etc., of appropriate marksAfter the appropriate marks have been made on a ship—

it shall be the duty of the owner and master to keep the ship so marked;and

the marks shall not be concealed, removed, altered, defaced or obliteratedexcept with the authority of the Assigning Authority.

Mark of Assigning AuthorityThe identity of the Assigning Authority may be marked alongside the load line

ring either above the horizontal line which passes through the centre of the ring, or aboveand below it.

Such a mark shall consist of not more than four initials each measuringapproximately 115 mm in height and 75 mm in width.

PART IV

CONDITIONS OF ASSIGNMENT

Requirements relevant to the assignment of freeboardsSubject to paragraph (2), every ship to which freeboards are assigned under

these Regulations shall comply with the conditions of assignment applicable to that shipand set out in Schedule 2 of Merchant Shipping Notice MSN 1752 (M).

An existing ship may, instead of complying with the conditions of assignmentreferred to in paragraph (1), comply with such requirements relevant to the assignment offreeboards to ships as were applicable to her under the law in force immediately before 21July 1968.

21 (1)

(2)

(3)

(4)

22

(a)

(b)

23 (1)

(2)

24 (1)

(2)

17


Compliance with conditions of assignmentExcept as otherwise provided for in paragraph (2), a ship will cease to comply

with the conditions of assignment—

if at any time after the assignment of freeboards there has been anyalteration of the hull, superstructures, fittings or appliances of the shipsuch that —

a requirement applicable to the ship under regulation 24 is notcomplied with; or

it differs in a material respect from the record of particulars providedin accordance with regulation 26; or

if the record of particulars is not on board in accordance with regulation26(2).

A ship shall be taken to comply with the conditions of assignmentnotwithstanding an alteration referred to in paragraph (1)(a) if—

amended freeboards appropriate to the condition of the ship have beenassigned, the ship has been marked with these load lines and a newcertificate issued to the owner of the ship accordingly; or

the alteration has been inspected by a surveyor on behalf of the AssigningAuthority and that Authority is satisfied that the alteration is not such asto require any change in the freeboards assigned to the ship, and fullparticulars of the alteration together with the date and place of hisinspection have been endorsed by the surveyor on the record referred to inregulation 26(1).

Record of particularsThe record of particulars shall be provided on the ship in a form given in

Schedule 3 of Merchant Shipping Notice MSN 1752 (M).

The record shall be furnished by the Assigning Authority and be retained onboard at all times.

PART V

FREEBOARDS

Types of freeboardsThe freeboards that can be assigned to a ship under these Regulations are the

Summer freeboard, Tropical freeboard, Winter freeboard, Winter North Atlantic freeboard,Fresh Water freeboard and Tropical Fresh Water freeboard: in the case of ships carryingtimber the freeboards that may be assigned are the Summer Timber freeboard, WinterTimber freeboard, Winter North Atlantic Timber freeboard, Tropical Timber freeboard, FreshWater Timber freeboard and Tropical Fresh Water Timber freeboard.

25 (1)

(a)

(i)

(ii)

(b)

(2)

(a)

(b)

26 (1)

(2)

27

18


Determination of freeboardsExcept as otherwise provided for in regulation 29, the freeboards assigned to a

new ship shall be determined in accordance with Schedule 4 of Merchant Shipping NoticeMSN 1752 (M).

The freeboards assigned to an existing ship shall be determined in accordancewith the provisions applicable to the ship under the law in force immediately before 21 July1968.

Notwithstanding paragraph (2), if an existing ship has been so constructed ormodified as to comply with all the conditions of assignment set out in Schedule 2 ofMerchant Shipping Notice MSN 1752 (M) applicable to a new ship of her type, andapplication is made for the assignment to her of freeboards determined in accordance withSchedule 4 of that Merchant Shipping Notice, such freeboards shall be assigned to her.

Greater than minimum freeboardsA freeboard determined in accordance with regulation 28 is the minimum

freeboard that may be assigned to the ship.

Subject to paragraph (3), the Assigning Authority may however, if it is satisfiedthat the ship complies with the requirements of these Regulations, assign freeboards (otherthan Timber freeboards) which exceed the minimum freeboards by such an amount as itmay determine.

Timber freeboards shall not be assigned to a ship to which greater thanminimum freeboards have been assigned.

Where a freeboard greater than the minimum is assigned to a ship and the loadline appropriate to that freeboard corresponds to, or is lower than, the position at whichthe lowest of the load lines appropriate to minimum freeboards would be marked, then—

load lines only appropriate to the greater than minimum Summerfreeboard and Fresh Water freeboard shall be marked on the sides of theship;

the load line appropriate to the greater than minimum Summer freeboardshall be known as the "All Seasons load line" and shall consist of thehorizontal line intersecting the load line mark;

the vertical line described in regulation 17 shall be omitted; and

subject to subparagraph (c), the Fresh Water load line shall be as describedin regulation 17(1) and be marked accordingly.

Special position of deck-line: correction of freeboardsIn any ship where the deck-line is marked in accordance with regulation 15(3), the

freeboards assigned to the ship shall be corrected to allow for the vertical distance by whichthe position of the deck-line is altered by virtue of that paragraph: the reference point towhich the deck-line has been so marked, and the identity of the deck which has been takenas the freeboard deck, shall be specified in the appropriate certificate issued in respect ofthe ship.

28 (1)

(2)

(3)

29 (1)

(2)

(3)

(4)

(a)

(b)

(c)

(d)

30

19


PART VI

STABILITY

Information as to stability of shipsThe owner of every ship to which these Regulations apply shall provide, for the

guidance of the master, information relating to the stability of the ship in accordance withthis regulation: the information shall be in the form of a book which shall be kept on theship at all times in the custody of the master.

In the case of a Bermuda ship, this information shall include all mattersspecified in Schedule 6 of Merchant Shipping Notice MSN 1752 (M), and be in the formrequired by that Schedule: this information shall also be in accordance with therequirements of paragraphs (3), (4) and (5).

Subject to paragraph (4), this information shall be based on the determinationof stability taken from an inclining test carried out in the presence of a surveyor appointedby the Minister or, in the case of a ship listed in Part II of Schedule 6 of Merchant ShippingNotice MSN 1752 (M), by the Assigning Authority: this information shall be amendedwhenever any alterations are made to the ship or changes occur to it which will materiallyaffect this information and, if necessary, the ship shall be re-inclined.

The inclining test may be dispensed with if—

in the case of any ship, basic stability data are available from the incliningtest of a sister ship and the Minister or, in the case of a ship listed in PartII of Schedule 6 of Merchant Shipping Notice MSN 1752 (M), the AssigningAuthority is satisfied that reliable stability information can be obtainedfrom such data; and

in the case of—

a ship specially designed for the carriage of liquids or ore in bulk; or

any class of such ships,

the information available in respect of similar ships shows that the ship's proportions andarrangements will ensure more than sufficient stability in all probable loading conditions.

Before this information is issued to the master—

if it relates to a ship which is listed in Part II of Schedule 6 of MerchantShipping Notice MSN 1752 (M), it shall be approved by the AssigningAuthority which assigned freeboards to the ship; and

if it relates to any other ship, it shall be approved by the Minister.

Information as to loading and ballasting of shipsThe owner of any ship of more than 150 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 ballasting of the ship.

31 (1)

(2)

(3)

(4)

(a)

(b)

(i)

(ii)

(5)

(a)

(b)

32 (1)

20


This information shall indicate the maximum stresses permissible for the shipand specify the manner in which the ship is to be loaded and ballasted to avoid the creationof unacceptable stresses in its structure.

In the case of a Bermuda ship, regulation 31(5) shall have effect in respect ofinformation required under this regulation, and the information so approved shall beincluded in the book referred to in regulation 31(1).

PART VII

EQUIVALENTS, PENALTIES AND DETENTION

EquivalentsThe Assigning Authority may, with the approval of the Minister—

allow any fitting, material, appliance or apparatus to be fitted in a ship, orallow other provisions to be made in a ship, in the place of any fitting,material, appliance, apparatus or provision respectively which is requiredunder any of these Regulations, if satisfied by trial or otherwise that it isat least as effective as that so required; or

allow in an exceptional case departure from the requirements of any of thesaid provisions on condition that the freeboards to be assigned to the shipare increased to such an extent as to satisfy the Minister that the safety ofthe ship and protection afforded to the crew will be no less effective thanwould be the case if the ship fully complied with those requirements andthere were no such increase of freeboards.

PenaltiesWhere regulation 5(1) is contravened the owner and master of the ship shall

each be guilty of an offence and shall be punishable—

on summary conviction, to a fine of $10,000; or

on conviction on indictment, to a fine of $25,000.

Any contravention of regulation 5(3) shall be an offence by both the owner andmaster and shall be punishable—

on summary conviction, to a fine of $10,000 and by such additional fine,not exceeding an amount calculated in accordance with paragraph (3), asthe court thinks fit to impose, having regard to the extent to which theearning capacity of the ship was increased by reason of the contravention;or


Any additional fine imposed under paragraph (2)(a) shall not exceed $2,000.00for each complete centimetre by which—

(2)

(3)

33

(a)

(b)

34 (1)

(a)

(b)

(2)

(a)

(b)

(3)

21


in a case falling within regulation 5(3)(a), the appropriate load line on eachside of the ship was submerged; or

in a case falling within regulation 5(3)(b), the appropriate load line on eachside of the ship would have been submerged.

Any contravention of regulation 5(4) shall be an offence by the master and byany other person who, having reason to believe that the ship is so loaded, sends or is a partyto sending the ship to sea, and is punishable (without prejudice to any fine in respect of anoffence under paragraph (2)—

on summary conviction, to a fine of $10,000; or


Where a person is charged with an offence under paragraph (2), it shall be adefence to prove that the contravention was due solely to deviation or delay and that thedeviation or delay was caused solely by stress of weather or other circumstances whichneither the master nor the owner nor the charterer (if any) could have prevented orforestalled.

Any contravention of regulation 22(a) shall be an offence by both the owner andthe master punishable on summary conviction by a fine not exceeding $10,000.

Any contravention of regulation 22(b) shall be an offence punishable onsummary conviction to a fine not exceeding $10,000.

It shall be a defence for a person charged under paragraph (6) or (7) to showthat he had reasonable excuse for the contravention.

Any contravention of regulation 8(3) shall be an offence by the masterpunishable—

on summary conviction, to a fine not exceeding $10,000; or

conviction on indictment, to a fine of $25,000.

Any contravention of regulation 12 shall be an offence by both the master andowner punishable on summary conviction to a fine not exceeding $5,000.

Offences and penalties in relation to certificates and surveysNo person shall—

intentionally alter a certificate referred to in these Regulations;

falsely make a certificate referred to in these Regulations;

in connection with any survey required by these Regulations, knowingly orrecklessly furnish false information;

with intent to deceive, use, lend, or allow to be used by another, a certificatereferred to in these Regulations; or

fail to surrender as directed a certificate required to be surrendered underregulation 10(6).

(a)

(b)

(4)

(a)

(b)

(5)

(6)

(7)

(8)

(9)

(a)

(b)

(10)

35 (1)

(a)

(b)

(c)

(d)

(e)

22


Any contravention of paragraph (1) shall be an offence punishable—

on summary conviction to a fine not exceeding $10,000; or

on conviction on indictment by imprisonment for a term not exceeding 6months, or a fine of $25,000, or both.

DetentionAny ship which, in contravention of regulation 5(1), proceeds or attempts to

proceed to sea without being surveyed and marked may be detained until it has been sosurveyed and marked.

Any ship which does not comply with the conditions of assignment applicableto it shall be liable to be detained until it complies.

Without prejudice to any proceedings under regulation 34, any ship which isloaded in contravention of regulation 5(3) may be detained until it ceases to be so loaded.

In any case where a ship is liable to be detained, section 242 of the MerchantShipping Act 2002 (which relates to the detention of a ship) shall have effect in relation tothe ship, subject to the modification that as if for the words "this Act" wherever they appear,there were substituted the words "the Merchant Shipping (Load Line) Regulations 2015".

Sections 104 and 105 (except section 104(3) and the words "as a dangerouslyunsafe ship" in section 104(5)) of the Merchant Shipping Act 2002 shall apply in relation toa detention notice issued pursuant to this regulation as they apply in relation to detentionnotices issued pursuant to section 103, and in such application "the relevant inspector"means a person issuing the detention notice.

(2)

(a)

(b)

36 (1)

(2)

(3)

(4)

(5)

23


SCHEDULE

(Regulations 15, 16, 17, 18)

24


25


26


27


Made this 17th day of June 2015

Minister of Tourism Development and Transport

28

Merchant Shipping (Load Line) Regulations 2015 - … · 2016-04-11 · MERCHANT SHIPPING (LOAD...

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