Shipping (Safety of
Navigation) (Jersey) Order 2009
Official
Consolidated Version
This is an official
version of consolidated legislation compiled and issued under the authority of
the Legislation (Jersey) Law 2021.
19.885.73
Showing the law
from 1 January 2019 to Current
Shipping (Safety of
Navigation) (Jersey) Order 2009
1 Interpretation
(1) In this Order, unless
the context otherwise requires –
“Contracting Government” means the Government of a State
that has agreed to be bound by the SOLAS Convention;
“IMO” means the International Maritime Organization;
“international voyage” means –
(a) a
voyage from a country to which the SOLAS Convention applies to a port outside
that country; or
(b) a
voyage to a country to which the SOLAS Convention applies from a port outside
that country;
“Jersey ship” has the same meaning as it has in Article 49(3)
of the Law;
“Law” means the Shipping (Jersey)
Law 2002;
“passenger”, in respect of a passenger ship, means a
person who is not –
(a) the
master, a member of the crew or any other person employed or engaged in any
capacity on board the ship on the business of the ship;
(b) a
child under one year of age; or
(c) a
person who is on board the ship by reason of force majeure or in consequence of
the obligation of the master to carry shipwrecked or other persons;
“passenger ship” means a ship that carries more than 12
passengers;
“pleasure vessel” means a ship that is described in
Schedule 1;
“ship” has the same meaning as it has in Article 49(3A)
of the Law;
“SOLAS Convention” means the International Convention
for the Safety of Life at Sea, 1974, as amended in accordance
with –
(a) its
Protocol of 1988; and
(b) all other
amendments adopted by the Maritime Safety Committee of the IMO before the
making of this Order;
“SOLAS regulation” means a regulation in Chapter V of
the SOLAS Convention.
(2) The provisions set out
in Schedule 2 apply in the construction of Chapter V of the SOLAS
Convention for the purposes of this Order.
2 Ships
to which this Order applies
(1) This Order applies to
all Jersey ships, whether they are within the outer limits of Jersey waters or
elsewhere.
(2) This Order also applies
to all other ships while they are within the outer limits of Jersey waters.
(3) However, this Article
is subject to Article 3.
3 Ships
to which this Order does not apply
This Order does not apply to any of the following ships –
(a) a warship or naval
auxiliary;
(b) a ship that is owned
and operated by a Contracting Government and is used only on government
non-commercial business; or
(c) a Jersey ship that
navigates solely in the Great Lakes of North America, that is to say, within
the area covered by those lakes and their connecting and tributary waters as
far east as the lower exit of the St. Lambert Lock at Montreal in the Province
of Quebec in Canada.
4 Compliance
with Chapter V of the SOLAS Convention
(1) A ship to which this
Order applies must be constructed, manned and operated in accordance with
Chapter V of the SOLAS Convention.
(2) A ship to
which this Order applies must also comply with such of the requirements
described in paragraph (4) that –
(a) apply
in relation to a ship of its description; and
(b) are
additional to the requirements to which paragraph (1) refers.
(3) A ship to
which this Order applies may, instead of complying with a requirement to which
either of paragraphs (1) and (2) refers, comply with a requirement
described in paragraph (4) that –
(a) applies
in relation to a ship of its description; and
(b) is
an alternative requirement to one to which either of paragraphs (1) and
(2) refers.
(4) This
Article refers to a requirement –
(a) that,
after this Order comes into force, is imposed by way of an amendment to the
SOLAS Convention (either as an additional requirement to an existing
requirement of Chapter V of the SOLAS Convention or as a permitted alternative
to an existing requirement of that Chapter) in relation to a ship of the
description concerned; and
(b) that is published by the Registrar in such a way as
the Registrar considers will best bring the requirement to the attention of
those required to comply with the requirement.
(5) This Article is subject
to Article 5.
5 Ships
to which particular provisions of the SOLAS Convention do not apply
(1) A ship of a category
described in Column 2 of Schedule 3 need not comply with the provisions of
the SOLAS Convention specified in Column 3 of that Schedule in respect of ships
of that category.
(2) A provision in any of
SOLAS regulations 24, 25 and 26 does not apply to the use of an automatic pilot
to the extent that the provision is inconsistent with a rule that is made by a
person or body empowered by law to make special rules for –
(a) a
roadstead;
(b) a
harbour;
(c) a
river that is connected with the high seas and is navigable by seagoing ships;
or
(d) an
inland waterway that is connected with the high seas and is navigable by
seagoing ships.
(3) A high-speed vessel
need not comply with SOLAS regulations 18, 19 and 20 so long as
it complies with any High Speed Craft (HSC) Code authorized by the IMO that is
applicable to the vessel.
6 Approvals
(1) Where a
SOLAS regulation refers to –
(a) anything
requiring the approval of the Administration;
(b) anything
that is required to be done to the satisfaction of the Administration; or
(c) anything
that is required to be acceptable to the Administration,
the Minister, or a person or body authorized by the Minister, may
grant an approval for that thing in respect of a Jersey ship in accordance with
the provisions of Chapter V of the SOLAS Convention.
(2) The Minister, or a
person or body authorized by the Minister under paragraph (1), may on
giving reasonable notice cancel or alter the terms of any approval given under
this Article by the Minister or the authorized person or body respectively.
(3) An
approval given under paragraph (1), or an alteration or cancellation under
paragraph (2) –
(a) must
be in writing;
(b) must
specify the date on which it takes effect; and
(c) in
the case of an approval, must specify the conditions (if any) on which it is
given.
7 Exemptions
(1) An
exemption or equivalent to which SOLAS regulation 3 refers may be granted by
the Minister, or a person or body authorized by the Minister.
(2) An
exemption or equivalent granted under SOLAS regulation 3 –
(a) must
be in writing; and
(b) must
specify the date on which it takes effect.
(3) A
ship –
(a) to
which Article 2(2) applies; and
(b) that
possesses an exemption or equivalent granted by another Administration under
SOLAS Regulation 3,
shall retain the benefit of the
exemption or equivalent unless the Minister, by notice to the owner or operator
of the ship, directs otherwise.
8 Offence
Schedule 4 has effect in respect of offences and penalties.
9 Statutory defences
(1) It is a defence to any
charge under this Order to prove that the person charged took all reasonable
steps to avoid the commission of the offence.
(2) It is a defence to a
charge of contravening paragraph 3 of Schedule 4 to
prove –
(a) that
there were compelling reasons not to use a particular mandatory ships’
routing system; and
(b) that
such reasons were recorded in the ship’s log-book at the time.
10 Powers of detention
(1) In any case where a
ship does not comply with the requirements of this Order, the ship may be
detained.
(2) If a ship has become
liable under paragraph (1) to be detained, Article 177 of the Law shall have effect in relation to that ship.
11 Order
to be additional to other requirements
The requirements of this Order are in addition to those of any other
enactments and rules of law, and do not derogate from them.
12 Citation
This Order may be cited as the Shipping (Safety of Navigation)
(Jersey) Order 2009.
SCHEDULE 1
(Article 1(1))
SHIPS THAT ARE PLEASURE
VESSELS
1. A
ship that –
(a) is
wholly owned by an individual or individuals;
(b) is used
only for the sport or pleasure of the owner or immediate family or friends of
the owner; and
(c) is on
a voyage, or excursion, for which the owner does not receive money for or in
connection with the operating of the ship or the carrying of any person, other
than as a contribution to the direct expenses of the operation of the ship that
are incurred during the voyage or excursion,
where no other payment is made by or on behalf of users of the ship
by a person who is not the owner.
2. A
ship that –
(a) is
owned by a body corporate;
(b) is
used only for the sport or pleasure of employees or officers of the body
corporate, or their immediate families or friends; and
(c) is on
a voyage, or excursion, for which the owner does not receive money for or in
connection with the operating of the ship or the carrying of any person, other
than as a contribution to the direct expenses of the operation of the ship
incurred during the voyage or excursion,
where no other payment is made by or on behalf of users of the ship
by a person who is not the owner.
3. A
ship that –
(a) is
wholly owned by or on behalf of a members’ club formed for the purpose of
sport or pleasure; and
(b) at
the time when it is being used, is used only for the sport or pleasure of
members of that club or their immediate families,
where any charges levied for the use of the ship are paid into club
funds and applied for the general use of the club, and no other payment is made
by or on behalf of users of the ship by a person who is not the owner.
SCHEDULE 2
(Article 1(2))
CONSTRUCTION OF CHAPTER V OF
THE SOLAS CONVENTION
1 References to
Administration
In Chapter V of the SOLAS Convention, references to the
Administration shall be construed as references to the Minister.
2 Other references
For the purposes of paragraph 7 of SOLAS regulation
11 –
(a) “adopted
ship reporting system” means any ship reporting system that has been
established by a Government or Governments after it has been adopted by the IMO
as complying with all the requirements of SOLAS regulation 11, and which is set
out in Volume 6 of the Admiralty List of Radio Signals and annotated therein as
"Mandatory System under SOLAS Regulation V/11-1”;
(b) the “appropriate
authority” means the authority specified in the adopted ship reporting system.
3 Responsible officer
For the purposes of paragraph 3 of SOLAS regulation 24, the
responsible officer shall be the officer in charge of the navigational watch
or, if there is no such officer, the master.
4 Recording paragraph 6
of SOLAS regulation 26 details
For the purposes of paragraph 6 of SOLAS regulation 26, the
details specified in that paragraph must be recorded in the ship’s
official log book, unless they are recorded elsewhere as a part of a Safety
Management System. In the latter case, an entry in the official log book must
state where the information is recorded.
5 Compliance with
paragraph 1 and 4 of SOLAS regulation 31 requirements
(1) For the purposes of
paragraph 1 of SOLAS regulation 31, the competent authorities are the
appropriate National or NAVAREA Coordinators for navigational warnings.
(Details of NAVAREAs are given in Vol.1 of the Admiralty list of Radio Signals
(ALRS) and reports may be sent via the most appropriate coast radio station.)
(2) For the purposes of
paragraph 4 of SOLAS regulation 31, the Radio Regulations with which ships
are required to comply are the Radio Regulations annexed to, or regarded as
being annexed to, the International Telecommunication Convention 1992;
including all amendments now in force and any amendment or replacement that the
Registrar considers to be relevant, as specified in a notice published by
Registrar in a manner likely to bring it to the attention of those affected by
it.
6 Compliance with
paragraph 1 of SOLAS regulation 33 requirements
(1) For the purposes of
paragraph 1 of SOLAS regulation 33, the search and rescue service that the
master must inform (in either instance to which it refers) is the search and
rescue service for the area within which the persons in distress at sea are located.
(2) Compliance by a master
of a ship with the requirements of SOLAS regulation 33 does not affect his or
her right, or the right of any other person, to salvage.
SCHEDULE 3[1]
(Article 5)
SHIPS to which particular
provisions of THE solas convention do not apply
|
Column 1
|
Column 2
|
Column 3
|
|
|
Category of ship
|
Provisions of Chapter V of the
SOLAS Convention that do not apply
|
|
1
|
A ship of less than 150 gross tons (other than a fishing vessel)
|
SOLAS regulations
15, 16, 18, 20, 21, 22, 24, 25 and 26 and SOLAS regulation 19,
paragraph 2.1.6
|
|
2
|
A fishing vessel of less than 150 gross tons
|
SOLAS regulations
15, 16, 18, 20, 21 and 22 and SOLAS regulation 19,
paragraph 2.1.6
|
|
3
|
A ship of less than 500 gross tons that is not engaged on an
international voyage
|
SOLAS regulations
15, 16, 18, 20 and 21
|
|
4
|
A fishing vessel of less than 150 gross tons that is engaged only
within the inter-tidal zone of the Island of Jersey
|
SOLAS regulation 19
|
|
5
|
A ship –
(a) of
less than 150 gross tons that is a pleasure vessel and where the distance
between the foreside of the foremost fixed permanent structure of the ship
and the afterside of its aftermost permanent structure is less than 7 metres;
or
(b) of any length in respect of which a permit
granted under Regulation 6 of the Harbours (Inshore Safety)
(Jersey) Regulations 2012 applies
|
SOLAS regulation 19 (other
than paragraph 2.1.7) and regulation 27
|
|
6
|
A passenger ship of less than
150 gross tons that is not engaged on a voyage that
may take the ship more than 3 miles seaward of the baselines from which the
breadth of the territorial waters of the island of Jersey is measured
|
SOLAS regulation 19,
paragraph 2.4
|
SCHEDULE 4[2]
(Article 8)
OFFENCES AND PENALTIES
1. In
this Schedule, “owner”, in respect of a ship, includes a person or
organization (including a manager or bareboat charterer) who has assumed
responsibility for the operation of the ship from the owner.
2. If
a ship to which paragraph 3 of SOLAS regulation 7 applies proceeds or attempts to proceed on a voyage or excursion without complying with the
requirement in that paragraph to carry on board a plan, the owner of the ship
is guilty of an offence and is liable to imprisonment for a term of 2 years and
a fine.
3. If paragraph 7 of SOLAS
regulation 10 is contravened in respect of a ship, its owner and its master and
any other person who is for the time being responsible for the conduct of the
ship is each guilty of an offence and is each liable to imprisonment for a term
of 2 years and a fine.
4. If paragraph 7 of SOLAS
regulation 11 is contravened in respect of a ship, its master is guilty of an
offence and is liable to imprisonment for a term of 2 years and a fine.
5. If paragraph 2 or
paragraph 3 of SOLAS regulation 17 is contravened in respect of a
ship, its owner and its master is each guilty of an offence and is each liable
to imprisonment for a term of 2 years and a fine.
6. If a ship to which SOLAS regulation 19 or paragraph 1 of SOLAS
regulation 20 applies proceeds or attempts to proceed on a voyage or
excursion without complying with a requirement in –
(a) SOLAS regulation 19, or
paragraph 1 of SOLAS regulation 20, respectively; or
(b) any
of paragraphs 1, 2, 3, 7 and 8 of SOLAS regulation 18,
its owner and its master is each
guilty of an offence and is each liable to imprisonment for 2 years and a fine.
7 Subject
to paragraphs 4.1 and 4.2 of SOLAS regulation 19-1, if a ship to
which SOLAS regulation 19-1 applies proceeds or attempts to proceed on a
voyage or excursion without complying with a requirement in SOLAS
regulation 19-1 paragraphs 5, 6 or 7 its owner and its master is each
guilty of an offence and is each liable to imprisonment for 2 years and a fine.
8. If a ship to which SOLAS regulation 21 applies proceeds or attempts to
proceed on a voyage or excursion without complying with a requirement in that
regulation, its owner and its master is each guilty of an offence and is each
liable to a fine of level 3 on the standard scale.
9. If a ship to which
paragraph 1 or paragraph 2 of SOLAS regulation 22 applies proceeds or
attempts to proceed on a voyage or excursion without complying with that
paragraph, its owner and its master is each guilty of an offence and is each
liable to a fine of level 3 on the standard scale.
10. A person who contravenes a requirement in
SOLAS regulation 23 with which the person is obliged to ensure compliance in
respect of a ship is guilty of an offence and is liable to imprisonment for 2
years and a fine.
11. A person who, having been
directed –
(a) under
paragraph 4 of SOLAS regulation 24; or
(b) under
either of paragraphs 1 and 2 of SOLAS regulation 26,
to carry out a check or test
required under that paragraph, fails to do so is guilty of an offence and is
liable to imprisonment for 2 years and a fine.
12. If the requirement in paragraph 3.1 of
SOLAS regulation 26 is contravened in respect of a ship, its owner is guilty of
an offence and is liable to imprisonment for 2 years and a fine.
13. If a requirement in any of SOLAS regulations
24, 25 and 26 (other than a requirement to which paragraph 11 of this
Schedule refers) is contravened in respect of a ship, its master is guilty of
an offence and is liable to imprisonment for 2 years and a fine.
14. If a ship to which SOLAS regulation 27
applies proceeds or attempts to proceed to sea or on a voyage or excursion
without complying with that regulation, its owner and its master is each guilty
of an offence and is each liable to a fine of level 3 on the standard scale.
15. If SOLAS regulation 28 is contravened in
respect of a ship, its master is guilty of an offence and is liable to a fine
of level 3 on the standard scale.
16. If SOLAS regulation 29 contravened in respect
of a ship, its owner and its master is each guilty of an offence and is each
liable to a fine of level 3 on the standard scale.
17. If SOLAS regulation 30 is contravened in
respect of a ship, its owner is guilty of an offence and is liable to
imprisonment for 2 years and a fine.
18. If paragraph 1 of SOLAS regulation 31
is contravened in respect of a ship, its master is guilty of an offence and is
liable to a fine of level 2 on the standard scale.
19. If paragraph 1 or paragraph 2 of
SOLAS regulation 33 is contravened in respect of a ship, its master is guilty
of an offence and is liable to imprisonment for 2 years and to a fine.
20. If a ship to which paragraphs 1 and 2
of SOLAS regulation 34 apply proceeds or attempts to proceed to sea in
contravention of a requirement in either of those paragraphs, its master is
guilty of an offence and is liable to imprisonment for 2 years and to a fine.
21. A person who contravenes SOLAS regulation
34-1 in respect of a ship is guilty of an offence and is liable to imprisonment
for 2 years and a fine.
[1] Schedule 3 amended
by R&O.81/2012
[2] Schedule 4 amended
by L.1/2016