Shipping (Distress
Signals and Prevention of Collisions) (Jersey) Order 2004
1 U.K.
Merchant Shipping (Distress Signals and Prevention of Collisions) Regulations 1996
to apply in Jersey
(1) The Merchant Shipping
(Distress Signals and Prevention of Collisions) Regulations 1996 of the
United Kingdom, as from time to time in force in the United Kingdom, shall
apply to Jersey as part of the law of Jersey.
(2) They shall apply as
if –
(a) in regulation
1(1) “and, subject to paragraph (2) below, shall come into force on
1st May 1996” were omitted;
(b) regulation
1(2), (4) and (8) were omitted;
(c) in regulation
1(5) for “the United Kingdom” there were substituted
“Jersey”;
(d) for regulation
2(1) there were substituted the following paragraph –
“(1) These Regulations apply to
the following vessels –
(a) Jersey ships wherever they may be, and other
ships while within Jersey territorial waters; and
(b) seaplanes on the surface of water in Jersey
or the territorial waters thereof.”;
(e) in regulation 5
for “Secretary of State” there were substituted “Minister for
Sustainable Economic Development”;
(f) for
regulation 6(1) there were substituted the following paragraph –
“(1) Where any of
these Regulations is contravened, the owner of the vessel, the master and any
person for the time being responsible for the conduct of the vessel shall each
be guilty of an offence punishable by a fine.”;
(g) for regulation
7 there were substituted the following regulation –
“7. In any
case where a ship does not comply with the requirements of these Regulations,
the ship shall be liable to be detained and Article 177 of the Shipping (Jersey)
Law 2002 (which relates to the detention of a ship) shall have effect in
relation to the ship, subject to the modification that as if for the words
‘this Law’ wherever they appear, there were substituted ‘the Merchant Shipping (Distress Signals and Prevention of Collisions)
Regulations 1996 of the United Kingdom as they apply to Jersey’.”.[1]
2 Citation
This Order may be cited as the Shipping (Distress Signals and
Prevention of Collisions) (Jersey) Order 2004.
THE TEXT OF THE MERCHANT SHIPPING (DISTRESS SIGNALS AND PREVENTION
OF COLLISIONS) REGULATIONS 1996, AS IN FORCE IN THE UNITED KINGDOM AT THE
DATE OF THIS ORDER, AS MODIFIED BY THIS ORDER IS SET OUT BELOW FOR INFORMATION
ONLY AND DOES NOT FORM PART OF THE ORDER[2]
1 Citation, commencement,
interpretation and revocation
(1) These Regulations may be
cited as the Merchant Shipping (Distress Signals
and Prevention of Collisions) Regulations 1996 *
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(2) *
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*
(3) In these Regulations –
“the Hydrographer of the
Navy” means the person for the time being appointed to that office by the
Admiralty Board;
“the International Regulations” means
the International Regulations for Preventing Collisions at Sea 1972 as amended by –
(a) Resolutions
A464(XII), A626(15), A678(16) and A736(18) of the Organisation;
and
(b) any
further Resolutions of the Organisation which the Secretary of State notifies
by Merchant Shipping Notice that he considers relevant from time to time;
“Merchant Shipping Notice”
means a Notice described as such and issued by the Maritime and Coastguard
Agency;
“mile” means a
nautical mile of 1,852 metres;
“Notice to Mariners”
means an Admiralty Notice to Mariners published by the Hydrographer of the
Navy;
“the Organisation”
means the International Maritime Organization.
(4) *
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(5) In the International Regulations –
“date of entry into force
of these Regulations” in Rule 38 (exemptions) means, in the case of a
vessel registered outside [Jersey], the date of entry into force of the International Regulations for the State
whose flag the vessel is entitled to fly; “high
speed craft” means a craft capable of a maximum speed in metres per
second (m/s) equal to or exceeding: 3.7 Ñ 0.1667 where Ñ =
volume of displacement corresponding to the design waterline (m3), excluding
craft the hull of which is supported clear above the water surface in non
displacement mode by aerodynamic forces generated by ground effect.
(6) The
diagram mentioned in paragraph 7 of Annex 1 to the International
Regulations is the diagram specified in the Chromaticity
Chart (1975) published by the International Illumination Commission (CIE).
(7) The
reference to the International Code of Signals in paragraph 3 of Annex IV to the International
Regulations is a reference to the International Code of Signals (1985) published by
the Organisation, and the reference to the Merchant Ship Search and Rescue
Manual in that paragraph is a reference to the manual of that name published in 1986
by the Organisation; and such references include reference to any document amending
either of those publications which is considered by the Secretary of State to
be relevant from time to time and is specified in a Merchant Shipping Notice.
(8) *
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2 Application
[(1) These Regulations apply to the following vessels –
(a) Jersey
ships wherever they may be, and other ships while within Jersey territorial
waters; and
(b) seaplanes
on the surface of water in Jersey or the territorial waters thereof.]
(2) In this regulation
“ships” include hovercraft.
3 Signals of distress
(1) The signals of distress which
shall be used by vessels to which regulation 2(1)(a) of these Regulations
apply are those set out in Annex IV to the International
Regulations.
(2) No signal
of distress shall be used by any vessel unless the master of the vessel so
orders.
(3) The
master shall not order any signal of distress to be used by his vessel unless he
is satisfied –
(a) that
his vessel is in serious and imminent danger, or that another ship or an
aircraft or person is in serious and imminent danger and cannot send that
signal; and
(b) that
the vessel in danger (whether his own vessel or another vessel) or the aircraft
or person in danger, as the case may be, requires immediate assistance in
addition to any assistance then available.
(4) The
master of a vessel which has sent any signal of distress by means of radio or
other means shall cause that signal to be revoked by all appropriate means as
soon as he is satisfied that the vessel or aircraft to which or the person to
whom the signal relates is no longer in need of assistance as aforesaid.
4 Prevention of collision
(1) Subject
to paragraph (2) below, vessels to which these Regulations apply shall
comply with the provisions of Rules 1 to 36 of and Annexes I to III to the International Regulations.
(2) Nothing
in these Regulations shall be taken to require compliance by any vessel or
class of vessels, which by virtue of Rule 38 of the International
Regulations may be exempted from compliance
therewith, with any of the provisions of the said Regulations specified in paragraphs (a)
to (h) inclusive of that Rule, at any time when, by virtue of that Rule, that
vessel or class of vessels may be exempted from that provision.
5 Exemptions
The [Minister
for Sustainable Economic Development] may exempt
any ship or description of ships from all or any of the provisions of these Regulations
which relate to the number, position, range or arc of visibility of lights or
shapes, as well as to the disposition and characteristics of sound-signalling
appliances if he is satisfied that compliance with such provision is either
impractical or unreasonable in the case of that ship or description of ships in
such terms (if any) as he may specify and may, subject to giving reasonable
notice, alter or cancel any such exemption.
6 Penalties
[(1) Where
any of these Regulations is contravened, the owner of the vessel, the master
and any person for the time being responsible for the conduct of the vessel
shall each be guilty of an offence punishable by a fine.]
(2) It shall
be a defence for any person charged under these Regulations to show that he
took all reasonable precautions to avoid the commission of the offence.
7 Power to detain
[In any case where a ship does not comply with the requirements of
these Regulations, the ship shall be liable to be detained and Article 177
of the Shipping (Jersey)
Law 2002 (which relates to the detention of a ship) shall have effect
in relation to the ship, subject to the modification that as if for the words “this
Law” wherever they appear, there were substituted “the Merchant
Shipping (Distress Signals and Prevention of Collisions) Regulations 1996
of the United Kingdom as they apply to Jersey”.]
Signed by authority of the
Secretary of State for Transport
Steven Norris
Parliamentary Under-Secretary of
State, Department of Transport
16th January 1996