Shipping (Tonnage)
(Jersey) Regulations 2004[1]
PART 1
PRELIMINARY
1 Interpretation
In these Regulations, unless the context otherwise
requires –
“Administration” means the Government of the state whose
flag the ship is flying;
“amidships”, in respect of a ship, means the mid-point
of its length, except in the case of a ship of less than 24 metres in
length when it means the mid-point of its length overall;
“authorized measurer” means a measurer appointed by an
organisation authorized by the Minister for the purpose;
“breadth”, in respect of a ship, means its maximum
breadth, measured amidships to the moulded line of its frame in a ship with a
metal shell and to the outer surface of its hull in a ship with a shell of any
other material;
“break”, in respect of a ship, means the space bounded
longitudinally by a side to side upward step in the lowest line of the upper
deck of the ship and another such step or the end of the ship, transversely by
the sides of the ship and vertically by the higher part of the deck and the
lowest line of the upper deck of the ship continued parallel thereto;
“cargo spaces”, in respect of a ship, means enclosed
spaces in it that are appropriated for the transport of cargo to be discharged
from the ship;
“Certifying Authority” means the Minister or a person authorized
by the Minister for the purposes of these Regulations;
“Contracting Government” means the Government of a
country that has accepted the Convention;
“Convention” means the International Convention on
Tonnage Measurement of Ships, 1969;
“enclosed spaces”, in respect of a ship, means all those
spaces in the ship, other than excluded spaces, that are bounded by the
ship’s hull, by fixed or portable partitions or bulkheads or by decks or
coverings other than permanent or moveable awnings but –
(a) a
break in a deck; or
(b) an
opening in the ship’s hull, in a deck or in a covering of a space, or in
the partitions or bulkheads of a space; or
(c) the
absence of a partition or bulkhead,
does not preclude a space from being included as an enclosed space;
“excluded spaces”, for the purposes of the definition of
enclosed spaces, means, subject to sub-paragraph (f), any of the spaces
specified in sub-paragraphs (a) to (e) –
(a) that
part of an enclosed space within an erection opposite an end opening and
extending from the opening to an athwartship line at a fore and aft distance
from the opening equal to half the breadth of the deck at the line of the
opening – such end opening having a breadth equal to or greater than
90 % of the breadth of the deck at the line of the opening and extending
from deck to deck or to a curtain plate of a depth not exceeding by more than
25 millimetres the depth of the adjacent deck beams, as specified in
Figure 1 of Schedule 1: provided that –
(i) where at any
point the width of the enclosed space, because of any arrangement except
convergence of the outside plating, as specified in Figure 3 of Schedule 1,
becomes less than 90 % of the breadth of the deck at the line of the
opening, the excluded space shall extend only to an athwartship line
intersecting that point, as specified in Figures 2 and 4 of Schedule 1,
(ii) where
the opposite ends of two enclosed spaces are separated by a gap, that is
completely open except for bulwarks or open rails and of fore and aft length
less than half the least breadth of the deck at the gap, then no part of the
enclosed spaces shall be excluded, as specified in Figures 5 and 6 of Schedule 1;
(b) a
space under an overhead deck covering open to the sea and weather having no
other connection on the exposed sides with the body of the ship than the
stanchions necessary for its support – in such a space, open rails or a
bulwark and curtain plate may be fitted or stanchions fitted at the
ship’s side, provided that the distance between the top of the rails or
the bulwark and the curtain plate is not less than 0.75 metres or
one-third of the height of the space, whichever is the greater, as specified in
Figure 7 of Schedule 1;
(c) a
space in a side-to-side erection between opposite side openings not less in
height than 0.75 metres or one-third of the height of the erection
whichever is the greater – if the opening in such an erection is
provided on one side only, the space to be excluded from the volume of enclosed
spaces shall be limited inboard from the opening to a maximum of one half of
the breadth of the deck in way of the opening, as specified in Figure 8 of
Schedule 1;
(d) a
space in an erection immediately below an uncovered opening in the deck
overhead, provided that such an opening is exposed to the weather and the space
excluded from enclosed spaces is limited to the area of the opening, as
specified in Figure 9 of Schedule 1;
(e) a
recess in the boundary bulkhead of an erection that is exposed to the weather
and the opening of which extends from deck to deck without means of closing,
provided that the interior width is not greater than the width at the entrance
and its extension into the erection is not greater than twice the width of its
entrance, as specified in Figure 10 of Schedule 1;
(f) notwithstanding
the provisions of subparagraphs (a) to (e) inclusive, any space
listed in those subparagraphs that fulfills at least one of the following
conditions shall be treated as an enclosed space –
(i) the space is
fitted with shelves or other means for securing cargo or stores,
(ii) the
openings are fitted with a means of closure,
(iii) the
construction provides a possibility of the openings being closed;
“fixed permanent structure”, in respect of a ship,
includes any portion of its hull that is capable of being detached if it is
fixed in place during the normal operation of the ship but does not include a
functional arrangement such as a safety rail, a bowsprit, a pulpit, a stemhead
fitting, a rudder, steering gear, an outdrive, an outboard motor, propulsion
machinery, a diving platform, a boarding platform, a rubbing strip or a fender,
unless the functional arrangement is designed to replace a part of the hull
that has been removed;
“immediate family”, in relation to an individual, means
the husband or wife or civil partner of the individual and a relative of the
individual or the individual’s husband or wife or civil partner;
“Law” means the Shipping (Jersey)
Law 2002;
“length”, in respect of a ship, means the greater of the
following –
(a) the
distance between the fore side of its stem and the axis of its rudder stock; or
(b) 96 %
of the distance between the fore side of its stem and the aft side of its
stern,
the points and measurements being taken respectively at and along a
waterline at 85 % of the least moulded depth of the ship – in the
case of a ship having a rake of keel the waterline being taken to be parallel
to the designed waterline;
“length overall”, in respect of a ship, means the
distance between the foreside of the foremost fixed permanent structure of the
ship and the afterside of its aftermost permanent structure;
“load line provisions” means –
(a) the
provisions of the Shipping (Load Line) (Jersey)
Regulations 2004; or
(b) in
relation to a ship not registered in Jersey, any corresponding provisions of
the country in which the ship is registered;
“moulded depth”, in respect of a ship, or in the case of
a ship of less than 24 metres “depth”, means the vertical
distance measured from the top of the keel of a metal ship, or in wood and
composite ships from the lower edge of its keel rabbet, to the underside of its
upper deck at side, or, in the case of a ship that is not fully decked, to the
top of its upper strake or gunwale, provided that –
(a) if
the form at the lower part of the midship section is of a hollow character, or
if thick garboards are fitted, the distance is measured from the point where
the line of the flat of the bottom continued inwards cuts the side of the keel;
(b) in
the case of a glass reinforced plastic ship where no keel member is fitted and
the keel is of open trough construction, the distance is measured from the top
of the keel filling, if any, or the level at which the inside breadth of the
trough is 100 millimetres, whichever gives the lesser depth;
(c) in ships
having rounded gunwales, the distance is measured to the point of intersection
of the moulded lines of the deck and side shell plating, the lines extending as
though the gunwales were of angular design; and
(d) if
the upper deck is stepped and the raised part of the deck extends over the
point at which the moulded depth is measured, the distance is measured to a
line of reference extending from the lower part of the deck along a line
parallel with the raised part;
“moulded draught”, in respect of a ship,
means –
(a) for a
ship assigned load lines in accordance with the load line provisions, the
draught corresponding to the Summer Load Line (other than timber load lines);
(b) for a
passenger ship, the draught corresponding to the deepest subdivision load line
that would be assigned to it if the Passenger Ship Construction Regulations applied
to it;
(c) for a
ship to which no load line has been assigned but the draught of which is
restricted by the Minister, its maximum permitted draught; and
(d) for
any other ship, 75 % of its moulded depth amidships;
“non-Jersey ship” means a ship which is not a Jersey
ship within the meaning of Article 2 of the Law;
“oil tanker” means a ship constructed or adapted to
carry oil in bulk in its cargo spaces and includes a combination carrier, being
a ship designed to carry either oil or solid cargoes in bulk;
“passenger” means any person carried in a ship
except –
(a) a
person employed or engaged in any capacity on board the ship on the business of
the ship;
(b) a
person on board the ship either in pursuance of the obligation laid upon the
master to carry shipwrecked, distressed or other persons or by reason of any
circumstances that neither the master nor the owner nor the charterer (if any)
could have prevented; and
(c) a child
under one year of age;
“Passenger Ship Construction Regulations” means the Merchant
Shipping (Passenger Ship Construction: Ships of Classes I, II and II(A))
Regulations 1998 of the United Kingdom as for the time being amended or
replaced and in force in the United Kingdom;[2]
“pleasure vessel” means –
(a) a
vessel which at the time it is being used –
(i) in the case of a
vessel wholly owned –
(A) by an
individual (or individuals), is being used only for the sport or pleasure of
the owner or immediate family or friends of the owner, or
(B) by a
body corporate, is being used only for sport or pleasure and on which the
persons are employees or officers of the body corporate, or their immediate
family or friends; and
(ii) is
on a voyage or excursion that is one for which the owner does not receive money
for or in connection with operating the vessel or carrying any person, other
than as a contribution to the direct expenses of the operation of the vessel incurred
during the voyage or excursion; or
(b) a
vessel wholly owned by or on behalf of a members' club formed for the purpose
of sport or pleasure that, at the time it is being used, is used only for the
sport or pleasure of members of that club or their immediate family; and for
the use of which any charges levied are paid into club funds and applied for
the general use of the club,
and where no other payment is made by or on behalf of users of the
vessel, other than by the owner;
“relative” means brother, sister, ancestor or lineal
descendant;
“similar stage of construction” means the stage at
which –
(a) construction
identifiable with a specific ship begins; and
(b) assembly
of that ship has commenced comprising at least 50 tonnes or 1% of the estimated
mass of all structural material whichever is the less;
“surveyor” means a surveyor appointed by a Certifying
Authority;
“upper deck”, in respect of a ship, means the uppermost
complete deck exposed to weather and sea, that has permanent means of weathertight
closing of all openings in the part exposed to weather, and below which all
openings in the sides of the ship are fitted with permanent means of watertight
closing – in a ship having a stepped upper deck, the lowest line of the
exposed deck and the continuation of that line parallel to the upper part of
the deck is to be taken as the upper deck;
“weathertight”, in respect of a ship, means that in any
sea conditions water will not penetrate into the ship.[3]
PART 2
SHIPS OF 24 METRES IN LENGTH
AND OVER
2 Application
This Part applies to a ship –
(a) that is 24 metres in
length or over;
(b) that is registered or
to be registered in Jersey under Part 3 of the Law; and
(c) for which the
ascertainment of tonnage is required under Regulations made under Article 13
of the Law.
3 Method
of measurement
(1) The ship shall be
measured by a surveyor.
(2) The surveyor shall
determine its gross and net tonnages in accordance with Regulations 5 and 6.
(3) However if the ship is
a novel type of craft with constructional features that render the application
of the provisions of Regulations 5 and 6 unreasonable or impracticable, the
surveyor shall determine its gross and net tonnages in the manner specified by
the Minister.
(4) Measurements used in
the calculations of volumes shall be taken and expressed in metres to the
nearest one hundredth of a metre.
(5) Gross and net tonnages
shall be expressed as whole numbers, decimals being rounded off downwards.
4 Calculation
of volumes
(1) All volumes included in
the calculation of gross and net tonnages shall be measured, irrespective of
the fitting of insulation or the like, to the inner side of the shell or
structural boundary plating in a ship constructed of metal, and to the outer
surface of the shell or to the inner side of the structural boundary surfaces
in a ship constructed of any other material.
(2) Volumes of appendages
shall be included in the total volume.
(3) Volumes of spaces open
to the sea shall be excluded from the total volume.
(4) The method and accuracy
of the calculations shall be sufficiently detailed to facilitate checking.
5 Gross
tonnage
The gross tonnage (GT) of a ship shall be determined by the
following formula –
GT = K1V
where –
V = total volume of all enclosed spaces of the ship in
cubic metres; and
K1 = 0.2 + 0.02 log10V, as specified
in Schedule 2.
6 Net
tonnage
(1) Subject to paragraph (2),
the net tonnage (NT) of a ship shall be determined by the following
formula –
NT = K2Vc(
)2+
K3( N1 +
)
where –
Vc = total volume of cargo spaces in cubic
metres;
K2 = 0.2 + 0.02 log10Vc,
as specified in Schedule 2;
K3 = 1.25
GT = gross tonnage calculated in accordance with regulation
5;
D = moulded depth amidships in metres;
d = moulded draught amidships in metres;
N1 = number of berths for passengers in cabins
with not more than 8 berths; and
N2 = number of other passengers who may be
accommodated on the ship.
(2) The formula in paragraph (1)
shall be calculated on the basis that –
(a) the
factor –
( )2
shall not be taken as greater than unity;
(b) the
term –
K2Vc( )2
shall not be taken as less than 0.25 GT;
(c) N1
and N2 shall be taken as zero when N1 + N2 is
less than 13; and
(d) NT
shall not be taken as less than 0.30 GT.
7 Segregated
ballast oil tankers
(1) If segregated ballast
tanks complying with Regulation 13 of Annex 1 of the International
Convention for the Prevention of Pollution from Ships 1973, as modified by the
Protocol of 1978 relating to that Convention, are provided in an oil tanker, an
entry may be made on its International Tonnage Certificate (1969) indicating
the total tonnage of the tanks.
(2) The tonnage of the
tanks shall be calculated according to the following formula –
K1 × Vb
where –
K1 = 0.2 + 0.02 log10V, as specified
in Schedule 2;
V = the total volume of all enclosed spaces of the ship in
cubic metres; and
Vb = the total volume of the segregated ballast
tanks in cubic metres measured in accordance with regulation 4.
8 Issue
of certificates
(1) If, in respect of a
ship, the Certifying Authority is satisfied that it is in order to do so, it
shall issue to the owner of the ship an International Tonnage Certificate
(1969) in the form set out in the Convention that certifies the tonnages of the
ship and contains the other particulars to be shown on the form.
(2) In particular the
official number of the ship shall be included as a distinctive number.
9 Alteration
or change in ship
(1) This Regulation applies
where an alteration is made in –
(a) the
arrangement of the ship;
(b) the
construction of the ship;
(c) the
capacity of the ship;
(d) the
use of spaces in the ship;
(e) the
total number of passengers the ship is permitted to carry under the terms of
its passenger certificate;
(f) the
ship’s assigned load line or permitted draught,
that would cause an increase in the gross or net tonnage of the
ship.
(2) Where this Regulation
applies –
(a) any
International Tonnage Certificate (1969) issued in respect of the ship ceases
to be valid and must be delivered to the Certifying Authority for cancellation;
and
(b) the
owner of the ship must apply for it to be remeasured in accordance with Regulation
3.
10 Transfer
from Jersey registry
(1) This Regulation apples
where a ship is transferred from the Jersey Register.
(2) Where this Regulation
applies any International Tonnage Certificate (1969) issued in respect of the
ship ceases to be valid.
(3) However if the transfer
is to the Administration of a state that is a Contracting Government the
certificate does not cease to be valid until the end of 3 months after the
transfer or until the new Administration issues another International Tonnage
Certificate (1969), being whichever happens first.
(4) Where paragraph (2)
applies the Certifying Authority shall, as soon as practicable after the transfer,
transmit to the Administration of the Contracting Government –
(a) a
copy of the certificate carried by the ship at the time of the transfer; and
(b) a
copy of the relevant tonnage calculations.
11 Change
of net tonnage necessitating issue of certificate
(1) The Certifying
Authority shall issue a new International Tonnage Certificate (1969) in respect
of a ship if an alteration in the value of V, Vc, d, N1
or N2 (as defined in regulations 5 and 6) results in an increase in
the net tonnage of the ship.
(2) The new Certificate
shall incorporate the increased net tonnage.
(3) If the draught
corresponding to the Summer load line differs from that corresponding to the
deepest subdivision load line the net tonnage shall, subject to paragraph (4),
be that determined in accordance with Regulation 6 by applying the draught
corresponding to the appropriate assigned load line for the trade in which the
ship is engaged.
(4) Subject to paragraph (5),
if an alteration in the value of V, Vc, d, N1 or N2
(as defined in regulations 5 and 6) or a change in the position of the load
lines result in a decrease in the net tonnage, the certifying Authority shall
not issue a new International Tonnage Certificate (1969) incorporating the
decreased net tonnage until 12 months have elapsed from the date on which
the current certificate was issued.
(5) The certifying
Authority may issue a new International Tonnage Certificate (1969) forthwith
if –
(a) a
ship that was registered outside Jersey is re-registered in Jersey;
(b) a
ship undergoes an alteration or modification of a major character, such as the
removal of a superstructure, that requires an alteration of the assigned load
line; or
(c) the
ship is a passenger ship employed in special trade for the carriage of a large
number of special trade passengers, such as the pilgrim trade.
PART 3
FISHING VESSELS – 15
TO 24 METRES
12 Application
and interpretation
This Part applies to a fishing vessel –
(a) that is 15 metres
or more in length overall but less than 24 metres in length;
(b) that is registered or
to be registered under Part 3 of the Law; and
(c) for which the
ascertainment of tonnage is required under Regulations made under Article 13
of the Law.
13 Measurement
to be made by authorized measurer
The vessel shall be measured by a surveyor or by an authorized
measurer.
14 Application
of certain provisions of Part 2
Regulation 3(2), (3), (4) and (5) and regulations 4, 5 and 6
apply for the measurement of the tonnages of the vessel in the same way as they
apply for the measurement of the tonnages of a vessel to which Part 2
applies.
15 Certificate
to be issued
The surveyor or authorized measurer shall, if it is in order to do
so, issue a certificate in a form approved for the purpose by the Minister.
16 Alterations
to vessel
If alterations are made in the arrangement, construction, capacity,
use of spaces, or permitted draught of the vessel such as would cause an
increase in its tonnage –
(a) the existing
measurement of the vessel shall cease to be valid; and
(b) its owner shall deliver
the certificate issued in respect of the vessel to the issuer and make an
application for the vessel to be remeasured in accordance with Regulation 12.
PART 4
SHIPS LESS THAN 24 METRES IN
LENGTH AND FISHING VESSELS LESS THAN 15 METRES IN LENGTH
17 Application
This Part shall apply to a ship –
(a) that –
(i) not
being a fishing vessel, is less than 24 metres in length, or
(ii) being
a fishing vessel, is less than 15 metres in length;
(b) that is registered or
to be registered under Part 3 of the Law; and
(c) for which the
ascertainment of tonnage is required under Regulations made under Article 21
of the Law.
18 Who
to make measurement
The ship shall be measured by a surveyor or by an authorized
measurer.
19 Measurement
The tonnage of the ship shall be the sum of –
(a) the product of
multiplying together its length, breadth and depth in metres and multiplying
the resultant figure by 0.16; and
(b) the tonnage of any
break or breaks, calculated for each break by multiplying together its mean
length, mean breadth and mean height in metres and multiplying the resultant
figure by 0.35.
20 Measurement
– non fishing vessels
(1) When Regulation 19
is applied to a ship that is not a fishing vessel –
(a) the
length of the ship means its length overall;
(b) the breadth
of the ship means its extreme breadth over the outside plating, planking or
hull, no account being taken of rubbers or fenders even if they are moulded so
as to be integral with the hull;
(c) the
depth of the ship means its depth measured vertically at the midpoint of its
length overall.
(2) For the purpose of paragraph (1)(c) –
(a) the
upper terminal point for depth shall be –
(i) in the case of a
decked ship, the underside of the deck on the middle line or, if there is no
deck on the middle line at the point of measurement, the underside of the deck
at the side of the ship plus the full deck camber,
(ii) in
the case of an open ship, the top of the upper strake or gunwale;
(b) the
lower terminal point of depth shall be –
(i) in the case of a
wooden ship, the upper side of the plank at the side of the keel or hog,
(ii) in
the case of a metal ship, the top of the plating at the side of the keel,
(iii) in
the case of a glass reinforced plastic ship, the inside of the hull - where no
keel member is fitted and the keel is of open trough construction, the lower
terminal point for depth shall be the top of the keel filling, if fitted, or
the level at which the inside breadth of the trough is 10 centimetres,
whichever gives the greater depth; and
(c) where
a break exists in the way of the point of measurement for depth, the height of
the break shall not be included in the measurement of depth.
21 Measurement
– fishing vessels
(1) When Regulation 19
is applied to a ship that is a fishing vessel –
(a) the
length of the ship means its length measured from the foreside of its foremost
fixed permanent structure to –
(i) the aftermost
part of its rudder post,
(ii) if
the vessel has no rudder post, the foreside of its rudder stock at the point
where the rudder post passes out of the hull, or
(iii) if
the vessel has no rudder post or rudder stock, to the aftermost part of its
stern or transom;
(b) the
breadth of the ship means its extreme breadth over the outside plating,
planking or hull, no account being taken of rubbers or fenders even if they are
moulded so as to be integral with the hull;
(c) the
depth of the ship means its depth measured vertically amidship.
(2) For the purpose of paragraph (1)(c)
the measurement shall be taken, subject to paragraph (3) –
(a) from the
underside of the upperdeck on the centre line to –
(i) the upperside of
the double bottom plating or to the normal line of the open floors or timbers,
as the case may be, or
(ii) if
the ship has no frames or timbers fitted, the inside of the hull on the centre
line; or
(b) in
the case of an open ship, from the upper edge of the shell or the upper strake
of planking or plating to the upper side of the bottom frames or timbers on the
centre line.
(3) If a break exists in
the way of the measurement for depth, the height of the break shall not be
included in the measurement of depth.
(4) If ceiling or
insulation is fitted on the tank top its thickness up to a maximum of 8 cm
shall be deducted from the measurement obtained by the application of paragraphs (2)
and, if applicable, (3).
22 Measurement
– general
(1) The tonnage determined
in accordance with Regulation 19 shall be the gross tonnage and net
tonnage.
(2) In the case of a
multi-hull ship the tonnage of each hull shall be measured separately and the
sum of such tonnages shall be used in computing the tonnage referred to in paragraph (1).
(3) All measurements used
in the calculations of volumes shall be taken and expressed in metres to the
nearest one hundredth of a metre.
(4) Tonnage shall be
expressed to 2 decimal places, the second decimal place being increased by one
if the third decimal place is 5 or more.
(5) On completion of the
measurement the surveyor or measurer, as the case may be, shall forward to the
Minister a Certificate of Measurement in a form approved by the Minister.
23 Alteration
or change in ship
(1) This Regulation applies
where an alteration is made in –
(a) the
arrangement of the ship;
(b) the
construction of the ship;
(c) the
capacity of the ship;
(d) the
use of spaces in the ship;
(e) the
total number of passengers the ship is permitted to carry under the terms of
its passenger certificate;
(f) the
ship’s assigned load line or permitted draught,
that would cause an increase in the gross or net tonnage of the
ship.
(2) Where this Regulation
applies –
(a) any
tonnage certificate issued in respect of the ship cease to be valid and must be
delivered to the Certifying Authority for cancellation; and
(b) the
owner of the ship must apply for it to be remeasured in accordance with Regulation
3.
PART 5
NON-JERSEY SHIPS
24 Ascertainment
of tonnage and certification
(1) The Minister may, at
the request of the Administration of a Contracting Government, ascertain the
gross and net tonnages of a non-Jersey ship in accordance with Part 2 and
issue to the owner an International Tonnage Certificate (1969).
(2) The Minister shall
endorse any certificate it issues in accordance with paragraph (1) to the
effect that it has been issued at the request of the Government of the state
whose flag the ship is or will be flying, and shall transmit a copy of the
certificate and the calculations of the tonnages to the requesting Government
as soon as practicable.
(3) The Certifying
Authority may, at the request of an owner of a non-Jersey ship flying the flag
of a State whose Government is not a Contracting Government, ascertain the
gross and net tonnages of the ship in accordance with Part 2 and issue a
Certificate of Jersey Tonnage measurement.
(4) The Certifying
Authority shall endorse any certificate it issues in accordance with paragraph (3)
“for use only whilst within Jersey waters”.
PART 6
PENALTIES
25 Penalties
An owner or a master who fails without reasonable cause to deliver
up a certificate for cancellation as required by regulations
9(2)(a), 16(b) or 23(2)(b) shall be guilty of an offence punishable
on summary conviction by a fine not exceeding level 3 on the standard
scale.
26 Citation
These Regulations may be cited as the Shipping (Tonnage) (Jersey)
Regulations 2004.