Shipping
(Standards of Training, Certification and Watchkeeping) (Jersey) Order 2021
PART 1
INTRODUCTORY
1 Interpretation
(1) In
this Order –
“appropriate” in relation
to a certificate, is to be construed in accordance with Article 3(2);
“certificate
of competency” means an appropriate certificate of competency issued –
(a) under the STCW Convention
by the UKMCA; or
(b) by an administration that
is a signatory to the STCW Convention and that has been approved by the Minister;
“certificate of equivalent competency” means an appropriate
certificate of equivalent competency issued by the UKMCA to a master, officer
or radio operator who holds an appropriate certificate of competency other than
one issued by the UKMCA;
“certificate of
proficiency in training for tanker cargo operations” means a certificate of
proficiency issued in accordance with the provisions of STCW Regulations V/1-1
and V/1-2 in basic or advanced training for –
(a) oil tanker cargo operations;
(b) chemical tanker cargo
operations; or
(c) liquefied gas tanker
cargo operations;
“documentary evidence”
means documentation, other than a certificate of competency or certificate of
proficiency, used to establish that the relevant requirements of the STCW
Convention have been met;
“fast rescue boat” means a
rescue boat complying with the requirements of section 5.1.4 of Chapter V
of the International Maritime Organisation’s LSA-Code (International
Life-Saving Appliance Code) (MSC.46 (66)), issued under the International
Convention for the Safety of Life at Sea 1974;
“fishing vessel” means a
vessel used for catching fish or other living resources of the sea;
“GT” means gross tonnage
as determined under the Shipping
(Tonnage) (Jersey) Regulations 2004;
“High Speed Craft” means a
craft capable of a maximum speed in metres per second (m/s) equal to or
exceeding: 3.7▽ 0.1667 where ▽ = 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;
“High Speed Craft Code”
means the International Code of Safety for High Speed
Craft 2000;
“Law” means the Shipping
(Jersey) Law 2002;
“Merchant Shipping Notice”
means a notice described as such and issued by the Secretary of State or the Minister;
“near-coastal voyage”
means a voyage during which the vessel is within a 150 nautical mile range
of safe haven in Jersey or within an area designated by the Minister for
vessels to be treated as if they were within that range if they comply with
conditions set by the Minister;
“oil” means petroleum in
any form including crude oil, fuel oil, sludge, oil refuse and refined
products, other than oil-like substances that are subject to the Merchant
Shipping (Dangerous or Noxious Liquid Substances in Bulk) Regulations 1996
of the United Kingdom;
“pleasure vessel” means a
pleasure vessel as defined in Article 169(6) of the Law;
“prescribed fee” means the
fee prescribed by the Minister under Article 193 of the Law;
“rescue boat” means a boat
designed to rescue persons in distress and to marshal survival craft;
“safe manning document”
means a document, described as such, issued –
(a) in the case of a Jersey
ship, by the Minister; and
(b) in the case of any other
ship by or on behalf of the government of the State whose flag the ship is
entitled to fly;
“seafarer” means any
person, including a master, who is employed or engaged or works in any capacity
on board a ship and whose normal place of work is on a ship;
“sea-going” means going to
sea beyond the limits of category A, B, C or D
waters (as categorised in Merchant Shipping Notice 1837 (M);
“small commercial ship”
has the same meaning as in Regulation 1(1) of the Shipping
(Safety Code – Yachts and Small Ships) (Jersey) Regulations 2013;
“STCW Convention” means
the International Convention on Standards of Training, Certification and
Watchkeeping for Seafarers, 1978;
“STCW Regulation” means a
Regulation contained in Attachment 1 to the Final Act of the 2010 Manila
Conference of Parties to the STCW Convention;
“survival craft” means a
craft capable of sustaining the lives of persons in distress from the time of
abandoning the ship;
“tanker” means a chemical
tanker, a liquefied gas tanker or an oil tanker;
“UKMCA” means the Maritime
and Coastguard Agency of the United Kingdom.
(2) Words
or phrases defined in the STCW Regulation, unless the context otherwise
requires, have the same respective meanings in this Order.
(3) Any
reference in this Order to any Regulation, Convention, Code or Notice is a
reference to that Regulation, Convention, Code or Notice as it had effect on
the day on which this Order was made.
(4) Any
reference in this Order to a requirement in an STCW Regulation also constitutes
a reference to the corresponding section of Part A of the STCW Code.
PART 2
TRAINING
AND CERTIFICATION
DIVISION 1 –
SCOPE
2 Application of Part 2
This Part applies to a
seafarer in a Jersey ship except –
(a) a fishing vessel;
(b) a pleasure vessel;
(c) a small commercial ship;
(d) a wooden ship of
primitive build; or
(e) any other vessel to which
an equivalent applies and where that equivalent has been issued in accordance
with Article IX of the STCW Convention and the seafarer holds a special
certificate of competence issued under Article 35 of the Law.
DIVISION 2 –
CERTIFICATION REQUIREMENTS
3 Qualification as an officer
(1) A
person must, in respect of the category and capacity in which that person is
serving –
(a) hold an appropriate
certificate of competency or an appropriate certificate of equivalent
competency; and
(b) comply with the criteria
in the STCW Regulations listed in column 2 of the Table in the Schedule to
this Order in relation to the category and capacity in which that person is to
serve, as listed in column 1 of the Table.
(2) A
certificate mentioned in paragraph (1) is appropriate if it is a
certificate issued and endorsed in accordance with this Part that entitles the
lawful holder to serve in the capacity and perform the functions involved –
(a) at the level of
responsibility specified;
(b) on a ship of the type,
tonnage or power and means of propulsion indicated; and
(c) while engaged on the particular type of voyage concerned.
(3) The
Minister may permit a person who does not hold an appropriate certificate of
competency to serve in an appropriate capacity on board a ship for a maximum
period of 3 months if –
(a) the person holds a valid certificate
of competency issued by an administration that is a signatory to the STCW
Convention other than the UK, Jersey or a relevant British possession;
(b) that certificate is
appropriate for the capacity in which the person is to serve; and
(c) the person has provided
evidence of submitting an application to the UKMCA for
the issue of a certificate of equivalent competency.
4 Radiocommunications and radio personnel on a GMDSS ship
(1) A
seafarer in charge of or performing radio duties on a ship required to
participate in the GMDSS must –
(a) be at least 18 years
of age;
(b) hold a certificate of
competency related to the GMDSS that is appropriate to the area of operation
and the equipment fitted on the ship; and
(c) have completed the
education and training and meets the standards of competence specified in
section A-IV/2 of the STCW Code.
(2) In
this Article “GMDSS” means the Global Maritime Distress and Safety System.
5 Seafarers on an oil or chemical tanker – basic training
A seafarer assigned
specific duties and responsibilities related to cargo or cargo equipment on an
oil or chemical tanker must –
(a) hold a certificate of
proficiency in basic training for oil and chemical tanker cargo operations
issued by an administration that is a signatory to the STCW Convention and that
has been approved by the Minister; and
(b) meet the criteria
specified in STCW Regulation V/1-1, paragraph 2.
6 Seafarers on an oil tanker – advanced training
(1) The
following seafarers serving on board an oil tanker must comply with the
requirements of paragraph (2) –
(a) the master;
(b) a chief engineer officer;
(c) a chief mate;
(d) a second engineer
officer; and
(e) any other seafarer with
immediate responsibility for loading, discharging, care in transit, handling of
cargo, tank cleaning or other cargo related operations.
(2) The
requirements are that the seafarer must –
(a) hold a certificate of
proficiency in advanced training for oil tanker cargo operations issued by the
UKMCA or an administration that is a signatory to the STCW Convention; and
(b) meet the criteria
specified in STCW Regulation V/1-1, paragraph 4.
7 Seafarers on a chemical tanker – advanced training
(1) The
following seafarers serving on board a chemical tanker must comply with the
requirements of paragraph (2) –
(a) the master;
(b) a chief engineer officer;
(c) a chief mate;
(d) a second engineer
officer; and
(e) any other seafarer with
immediate responsibility for loading, discharging, care in transit, handling of
cargo, tank cleaning or other cargo related operations.
(2) The
requirements are that the seafarer must –
(a) hold a certificate of
proficiency in advanced training for chemical tanker cargo operations issued by
the UKMCA or an administration that is a signatory to the STCW Convention; and
(b) meet the criteria
specified in STCW Regulation V/1-1, paragraph 6.
8 Seafarers on a liquefied gas tanker – basic training
An officer or rating
assigned specific duties and responsibilities related to cargo or cargo
equipment on a liquefied gas tanker must –
(a) hold a certificate of
proficiency in basic training for liquefied gas tanker cargo operations issued
by the UKMCA or an administration that is a signatory to the STCW Convention;
and
(b) meet the criteria
specified in STCW Regulation V/1-2, paragraph 2.
9 Seafarers on a liquefied gas tanker – advanced training
(1) The
following seafarers serving on board a liquefied gas tanker must comply with
the requirements of paragraph (2) –
(a) the master;
(b) a chief engineer officer;
(c) a chief mate;
(d) a second engineer
officer; and
(e) any other seafarer with
immediate responsibility for loading, discharging, care in transit, handling of
cargo, tank cleaning or other cargo related operations.
(2) The
requirements are that the seafarer must –
(a) hold a certificate of
proficiency in advanced training for liquefied gas tanker cargo operations
issued by the UKMCA or an administration that is a signatory to the STCW
Convention; and
(b) meet the criteria
specified in STCW Regulation V/1-2, paragraph 4.
10 Ratings forming part of a navigational watch
(1) A
rating forming part of a navigational watch on a ship of 500 GT or more
must –
(a) hold a certificate of
proficiency to perform such duties; and
(b) meet the criteria
specified in STCW Regulation II/4, paragraph 2.
(2) This
Article does not apply to –
(a) a rating under training;
or
(b) a rating whose duties are
of an unskilled nature.
11 Ratings forming part of an engine-room watch
(1) A
rating forming part of an engine-room watch or designated to perform duties in
a periodically unmanned engine-room on a ship powered by main propulsion
machinery of 750 kilowatts propulsion power or more must –
(a) hold a certificate of
proficiency to perform such duties issued by the UKMCA or an administration
that is a signatory to the STCW Convention; and
(b) meet the criteria
specified in STCW Regulation III/4, paragraph 2.
(2) However,
paragraph (1) does not apply to a rating –
(a) who is under training; or
(b) whose duties are of an
unskilled nature.
12 Ratings as able seafarer deck
An able seafarer deck
serving on board a ship of 500 GT or more must –
(a) hold a certificate of
proficiency issued by the UKMCA or an administration that is a signatory to the
STCW Convention; and
(b) meet the criteria
specified in paragraph 2 or paragraph 6 of STCW Regulation II/5.
13 Ratings as able seafarer engine
An able seafarer engine
serving on board a ship powered by main propulsion machinery of 750 kilowatts
propulsion power or more must –
(a) hold a certificate of
proficiency issued by the UKMCA or an administration that is a signatory to the
STCW Convention; and
(b) meet the criteria
specified in paragraph 2 or paragraph 4 of STCW Regulation III/5.
14 Electro-technical ratings
An electro-technical
rating serving on board a ship powered by main propulsion machinery of 750 kilowatts
propulsion power or more, must –
(a) hold a certificate of
proficiency issued by the UKMCA or an administration that is a signatory to the
STCW Convention; and
(b) meet the criteria
specified in paragraph 2 or paragraph 4 of STCW Regulation III/7.
15 Seafarers designated to launch or take charge of a survival
craft or rescue boat (other than a fast rescue boat)
A seafarer designated to
launch or take charge of a survival craft or a rescue boat, other than a fast
rescue boat, must –
(a) hold a certificate of
proficiency in such craft issued by the UKMCA or an administration that is a
signatory to the STCW Convention; and
(b) meet the criteria specified
in STCW Regulation VI/2, paragraph 1.
16 Seafarers designated to launch or take charge of a fast rescue
boat
A seafarer designated to
launch or take charge of a fast rescue boat must –
(a) hold a certificate of
proficiency in such craft issued by the UKMCA or an administration that is a
signatory to the STCW Convention; and
(b) meet the criteria
specified in STCW Regulation VI/2, paragraph 2.
17 Ship security officers
A ship security officer
must –
(a) hold a certificate of
proficiency for the performance of the duties or functions of such a role; and
(b) meet the criteria
specified in STCW Regulation VI/5, paragraph 1.
18 Seafarers on a passenger ship engaged on international voyages
(other than a High Speed Craft)
(1) This
Article applies to seafarers serving on board a passenger ship engaged on
international voyages, other than a High Speed Craft.
(2) Before
being assigned shipboard duties on board a passenger ship, a seafarer must have
completed the training required by paragraphs (3) to (6) in accordance
with his or her capacity, duties and responsibilities.
(3) Training
in crowd management as specified in section A-V/2 of the STCW Code must be
completed by the following –
(a) the master;
(b) each officer; and
(c) any other seafarer designated
on muster lists to assist passengers in emergency situations on board passenger
ships.
(4) Safety
training specified in section A-V/2 paragraph 2 of the STCW Code must
be completed by a seafarer providing direct service to passengers in passenger
spaces on board a passenger ship.
(5) Approved
training in passenger safety, cargo safety and hull integrity as specified in
section A-V/2, paragraph 4 of the STCW Code must be completed by –
(a) the master;
(b) a chief engineer officer;
(c) a chief mate;
(d) a second engineer
officer; and
(e) any other seafarer
assigned immediate responsibility for embarking and disembarking passengers,
loading, discharging or securing cargo, or closing
hull openings on board a ro-ro passenger ship.
(6) Approved
training in crisis management and human behaviour specified in section A-V/2,
paragraph 3, of the STCW Code must be completed by –
(a) the master;
(b) a chief engineer officer;
(c) a chief mate;
(d) a second engineer
officer; and
(e) any other seafarer
designated on muster lists as having responsibility for the safety of
passengers in emergency situations.
(7) In
paragraph (1) “international voyage” means a voyage from a port in one
country to a port in another country, either of the countries being a Party to
the STCW Convention.
19 Seafarers on a High Speed Craft
(1) This
Article applies to a seafarer serving on board a High Speed
Craft constructed on or after 1st January 1996.
(2) Before
being assigned shipboard duties on board a High Speed Craft
to which this Article applies, a seafarer must complete the training specified
in section 18.3.3 of the High Speed Craft Code.
(3) A
person providing that training must issue documentary evidence to every person
successfully completing the training.
(4) In
the case of masters and officers, the documentary evidence must be a
certificate in the form, and endorsed in a manner, specified in the High Speed Craft Code or as approved by the Minister.
(5) In
this Article –
“constructed”, in relation
to a craft, means where the keel is laid or a similar stage of construction;
“similar stage of
construction” means a stage at which –
(a) construction identifiable
with a specific craft begins; and
(b) assembly of that craft
has reached 50 tonnes or one per cent of the estimated mass of all the
structural material to be used, whichever is the less.
20 Safety familiarisation, basic training
and instruction for all seafarers
Before being assigned to
shipboard duties, a seafarer must –
(a) receive familiarisation
and basic training or instruction in accordance with section A-VI/1 of the
STCW Code; and
(b) meet the appropriate
standard of competence specified in that section.
21 Seafarer designated as a fire fighting
controller
A seafarer designated to
control fire-fighting operations must –
(a) have successfully
completed advanced training in techniques for fighting fire, with particular
emphasis on organisation, tactics and command in
accordance with section A-VI/3, paragraphs 1 to 4 of the STCW Code; and
(b) meet the standard of
competence specified in that section.
22 Seafarer designated as a provider of medical first aid or to
take charge of medical care
(1) A
seafarer designated to provide medical first aid on board a ship must meet the
standard of competence in medical first aid specified in section A-VI/4,
paragraphs 1 to 3 of the STCW Code.
(2) A
seafarer designated to take charge of medical care on board a ship must meet
the standard of competence in medical care on board ships specified in section A-VI/4,
paragraphs 4 to 6 of the STCW Code unless paragraph (3) applies.
(3) While
a ship remains within 4 hours of a port where full medical facilities are
available and if the Minister so approves, a seafarer mentioned in paragraph (2)
need meet only the requirements of paragraph (1).
23 Security-related familiarisation training for seafarers on an
ISPS ship
(1) This
Article applies to a seafarer serving on a sea-going ship that is required to
comply with the provisions of the ISPS Code.
(2) Before
being assigned to shipboard duties, a seafarer must –
(a) receive
security-awareness familiarisation and security-awareness training or
instruction in accordance with section A-VI/6, paragraphs 1 to 4 of
the STCW Code; and
(b) meet the appropriate
standard of competence specified in that section.
(3) A
seafarer with designated security duties must meet the standard of competence
specified in section A-VI/6, paragraphs 6 to 8 of the STCW Code.
DIVISION 3 –
CERTIFICATES
24 Form and endorsement of certificates referred to in Division 2
(1) A
certificate of competency or a certificate of proficiency must be in the form
specified in section A-I/2, paragraph 1, of the STCW Code.
(2) A
certificate mentioned in any of Articles 3 to 9 must be endorsed in the
form prescribed in STCW Regulation I/2.
25 Approval of sea-going service
(1) An
application for a certificate for approval of sea-going service must –
(a) include evidence of
identity, age, relevant service, standards of competence and certificates or
qualifications held; and
(b) be presented for approval
by the Minister along with the prescribed fee.
(2) When
approving sea-going service required by the Convention, the Minister must act
in accordance with section A-I/2, paragraph 5, of the STCW Code and ensure
that section 9 of Merchant Shipping Notice 1856 (M + F) is satisfied.
26 Dispensation
(1) The
Minister may grant a dispensation from the requirements of this Part if
satisfied that the conditions specified in paragraph (2) are met and –
(a) in the case of a master
or chief engineer officer, circumstances of force majeure exist; or
(b) in the case of a radio
operator, the relevant requirements of the Regulations issued under the Constitution
and Convention of the International Telecommunications Union are also met.
(2) The
conditions are that –
(a) a dispensation is
necessary and does not pose a danger to persons, property or the environment;
(b) the seafarer is
adequately qualified to fill the vacant post in a safe manner; and
(c) the seafarer is –
(i) properly certificated to
fill the post immediately below that which the seafarer now performs, or
(ii) where certification of
the post immediately below is not required, the qualification and experience of
the seafarer are of clear equivalence to the requirements for the post to be
filled.
(3) The
Minister must specify the duration of an exemption, which must be –
(a) in the case of a seafarer
referred to in paragraph (1)(a), the shortest possible period; and
(b) in the case of another
category of seafarer, a period not exceeding 6 months.
(4) In
exercising the function specified in paragraph (3) the Minister must try
to ensure that the post in question is filled by the holder of an appropriate
certificate as soon as possible.
(5) The
Minister may impose such additional terms on a dispensation under this Article as
the Minister considers appropriate.
(6) The
Minister may amend or cancel any dispensation granted under this Article.
27 Recognition of a certificate issued by another party to STCW
Convention
(1) The
Minister may recognise –
(a) a certificate of
competency issued in accordance with STCW Regulation I/2 paragraph 7
by or on the authority of another Party to the STCW Convention to a master,
officer or radio operator;
(b) any certificate of
proficiency in training for tanker cargo operations issued by or on the
authority of another Party to the STCW Convention; and
(c) any other certificate of
proficiency issued by or on the authority of another Party to the STCW
Convention.
(2) Where
the Minister recognises a certificate under paragraph (1) and subject to
paragraphs (3) and (4), on the application of a holder of a certificate
described in paragraph (1)(a) or (b), the Minister may issue a document
attesting to its recognition.
(3) Subject
to paragraphs (5) and (6), the Minister may, before issuing that document
to an applicant performing management level functions, require the applicant –
(a) to demonstrate sufficient
knowledge of such Jersey maritime legislation as is relevant to the applicant’s
management level functions; or
(b) provide evidence of having
served for at least 3 years on a Jersey ship to which this Part applies at
the next lower capacity.
(4) The
Minister must not issue the document mentioned in paragraph (2) unless the
applicant can demonstrate possession of adequate language proficiency, in
accordance with the requirements in sections A-II/1, A-II/4, A-III/1 and
A-IV/2 of the STCW Code.
(5) If
an applicant is required to provide the evidence mentioned in paragraph (3)(b)
for the document there mentioned to be issued, the Minister may issue to the
applicant a document permitting service in such next lower capacity as does not
require a knowledge of Jersey maritime legislation for such period, not
exceeding 3 years, as the Minister directs.
(6) In
this Article –
“management level
functions” means functions of the level of responsibility associated with –
(a) serving as master, chief
mate, chief engineer or second engineer officer on board a sea-going ship; and
(b) ensuring that all
functions within the designated area of responsibility are properly performed;
“functions within the
designated area of responsibility” means the 7 functions listed in
paragraph 2 of the Introduction to the STCW Code.
28 Validity of a certificate or endorsement
(1) Subject
to Articles 29 and 31, a certificate required under this Part remains
valid for sea-going service provided that the holder –
(a) possesses a STCW medical fitness
certificate; and
(b) complies with the
standards and conditions of professional competency to act in the appropriate
capacity required by the STCW Convention and this Part.
(2) Subject
to Article 29, an endorsement issued under Article 24 remains valid
for sea-going service provided that –
(a) the certificate that is
endorsed has not expired or been withdrawn, suspended
or cancelled; and
(b) the holder of the
certificate meets paragraph (1).
(3) In
this Article “STCW medical fitness certificate” means a certificate issued on
behalf of an administration that is a signatory to the SCTW Convention attesting
that the seafarer concerned meets the requirements of section A-1/9 of the
STCW Code.
29 Revalidation of certain certificates and endorsements
Where a person is
required to have established continued professional competence in accordance
with section A-I/11 of the STCW Code, any certificate or endorsement the
person must hold under this Part is not valid for the purposes of this Order
unless revalidated at intervals not exceeding 5 years.
DIVISION 4 –
record-keeping and training
30 Register of endorsements
(1) The
Registrar must keep a register of endorsements issued under this Part (the
“register”) recording the items of information listed in section A-I/2,
paragraph 9, of the STCW Code.
(2) Upon
the request of –
(a) another State that is
Party to the STCW Convention; or
(b) a company that employs,
or is considering employing, the seafarer to whom the information relates on
board a ship,
the Registrar must provide
from the register the information listed in paragraph (3) in so far as
such information is necessary to verify the authenticity or validity of
documents held by a seafarer.
(3) The
information is information on the status of –
(a) an endorsement issued in
respect of a certificate of competency or a certificate of proficiency in
training for tanker cargo operations; or
(b) any exemption or
dispensation granted under Article 29(3) or 35 of the Law, with respect to
the seafarer to whom the request relates.
(4) The
Registrar must report to the Secretary-General –
(a) dispensations on an
annual basis in accordance with Article VIII(3) of the STCW Convention;
and
(b) equivalent training
arrangements as early as practicable, in accordance with Article IX of the
STCW Convention.
(5) In
this Article “Registrar” means the Registrar appointed under Article 188
of the Law.
31 Refresher training for certain seafarers
(1) A
seafarer holding a certificate of proficiency in the activities mentioned in
paragraph (2) must successfully complete approved refresher training
relating to that certificate at intervals not exceeding 5 years.
(2) The
activities are –
(a) personal survival techniques;
(b) survival craft and rescue
boats;
(c) advanced firefighting;
(d) fire prevention and
firefighting; and
(e) fast rescue boats.
(3) A
master and a seafarer designated to take charge of medical care on board ship
must successfully complete approved refresher training relating to that
designation at intervals not exceeding 5 years.
(4) For
continuing sea-going service on ships referred to in Articles 18 and 19,
every master and officer must successfully complete approved refresher training
relating to the training and qualifications required under those Articles at
intervals not exceeding 5 years.
32 Provision and quality of training
(1) A
person providing the training or assessment of seafarers for certification
under the STCW Convention or this Part must ensure
that –
(a) the training or
assessment is administered, supervised and monitored
in accordance with section A-I/6 of the STCW Code; and
(b) those responsible for the
training are appropriately qualified in accordance with that section for the
type and level of training involved.
(2) If
so required by the Minister, a person providing such
training as is specified by the Minister must issue documentary evidence to
every person successfully completing the training –
(a) that complies with
Merchant Shipping Notice 1740 (M) or is otherwise approved by the Minister;
(b) in the case of masters
and officers having an operational role on High Speed Craft,
that is certificated in a form specified in that Notice or in such other format
approved by the Minister containing the necessary information to demonstrate
compliance with the High Speed Craft Code; and
(c) that is endorsed in a
manner specified by that Notice or in such other manner that is approved by the
Minister.
(3) The
Minister must ensure that –
(a) a quality standards
system meeting the requirements of STCW Regulation I/8 is in place; and
(b) periodically an
evaluation is undertaken in accordance with that Regulation and a report is
communicated to the Secretary-General in the format specified in section A-I/7
of the STCW Code within 6 months of the date of the evaluation.
PART 3
SAFE
MANNING AND WATCHKEEPING
33 Application of Part 3
(1) This
Part applies to –
(a) sea-going ships that are Jersey
ships wherever they are; and
(b) other sea-going ships
when in Jersey waters.
(2) This
Part does not apply to –
(a) fishing vessels;
(b) pleasure vessels; or
(c) small commercial ships.
34 Fitness for duty
(1) The
master of a ship must ensure that all persons –
(a) who are assigned duty as
officer in charge of a watch or as a rating forming part of a watch; and
(b) whose duties involve
designated safety, prevention of pollution and security duties,
are provided with a rest
period in accordance with this Article.
(2) The
rest period must consist of at least –
(a) 10 hours of rest in
any 24-hour period; and
(b) 77 hours in any
7-day period.
(3) The
hours of rest may be divided into no more than 2 periods in any period of
24 hours, one of which must be at least 6 hours in length, and the
intervals between consecutive periods of rest must not exceed 14 hours.
(4) Paragraphs (2)(b)
and (3) need not be complied with if the rest period is not less than 70 hours
in any 7-day period, but –
(a) in the case of the
requirement set out in paragraph (2)(b), no exception from it is allowed
for more than 2 consecutive weeks and the intervals between 2 periods
of exception must be not be less than twice the duration of the exception;
(b) in the case of the
requirement in paragraph (3) –
(i) the minimum hours of
rest in any 24-hour period provided for in paragraph (2)(a) may be divided
into no more than 3 periods of rest, one of which must be at least 6 hours
in length and neither of the 2 other periods must be less than one hour in
length,
(ii) the intervals between
consecutive periods of rest must not exceed 14 hours, and
(iii) exceptions must not
extend beyond 2 24-hour periods in any 7-day period.
(5) The
exceptions mentioned in paragraph (4) must as far as possible, take into account the guidance regarding prevention of
fatigue laid down in section B-VIII/1 of the STCW Code.
(6) The
requirements for rest periods specified in paragraphs (1) to (3) need not
be maintained in the case of an emergency or essential shipboard work that
cannot be delayed for safety, security or
environmental reasons or which could not reasonably have been anticipated at
the start of the voyage.
(7) Musters,
fire-fighting and lifeboat drills, and drills
prescribed by any other enactment or by an international convention that
applies in Jersey, must be conducted in a manner that minimises the disturbance
of rest periods and does not induce fatigue.
(8) The
master must ensure that watch schedules –
(a) are posted where they are
easily accessible;
(b) are in a consistent format;
and
(c) are in English.
(9) A
seafarer whose normal period of rest is disturbed by call-outs
to work must have an adequate compensatory rest period.
(10) The
master must ensure that records of daily hours of rest of seafarers –
(a) are in a consistent format;
and
(b) are in English.
(11) The
master must ensure that each seafarer receives a copy of his or her records
endorsed by both the master (or a person authorised by the master) and by the
seafarer.
(12) The
master may suspend the schedule of hours of rest and require a seafarer to
perform any hours of work if needed to secure the immediate safety of the ship,
persons on board or cargo, or to give assistance to other ships or persons in
distress at sea.
(13) However,
as soon as practicable after the need has passed the master must ensure that
any seafarers who have performed work in a scheduled rest period are provided
with an adequate period of rest.
(14) A
master, officer or other seafarer must not perform designated safety, security
and marine environmental duties whilst having a concentration of alcohol greater
than 0.05% in the blood or 0.25 mg/l alcohol in the breath.
35 Safe-manning document
(1) In
the case of a ship of 500 GT or more the company must, and in the case of
any other ship the company may, be in possession of a safe manning document
issued by the Minister that is in force in respect of any ship and the manning
of that ship.
(2) Where
a safe manning document has been issued –
(a) the safe manning document
must be kept on board the ship at all times;
(b) the manning of the ship
must be maintained at all times to at least the levels specified in the safe
manning document;
(c) the master of the ship
must ensure that the ship does not proceed to sea unless sub-paragraphs (a)
and (b) have been complied with.
(3) A
company applying for a safe manning document in respect of a Jersey ship must
submit to the Minister proposals as to the numbers and grade of seafarer it
considers must be carried so that the ship is safely manned if it proceeded to
sea on an intended voyage.
(4) The
Minister may issue guidance to companies on safe manning to assist them in
preparing proposals under paragraph (3).
(5) After
any approval by the Minister of proposals and the issue of a safe manning
document, a company must inform the Minister as soon as there is any change in
the circumstances that are relevant to the document.
(6) Upon
receipt of notification by a company under paragraph (5), the Minister may
review the document’s continuing validity or approve fresh proposals from the
company.
36 Arrangements generally and at sea
(1) The
master of a ship must ensure that the watchkeeping arrangements for the ship are at all times adequate for maintaining safe navigational,
engineering and radio watches –
(a) in accordance with STCW
Regulation VIII/2, paragraph 2; and
(b) taking
into account –
(i) the prevailing
circumstances and conditions, and
(ii) section A-VIII/2 of
the STCW Code.
(2) Without
limiting the duties of a master provided by paragraph (1), a master must
give directions to the deck watchkeeping officers responsible for navigating
the ship safely during their periods of duty, in accordance with –
(a) section A-VIII/2,
Part 4-1, of the STCW Code; and
(b) any additional principles
and requirements imposed at the Minister’s discretion or as specified in
Merchant Shipping Notice 1868 (M).
(3) The
chief engineer officer of a ship must ensure that the engineering watchkeeping
arrangements for the ship are at all times adequate
for maintaining a safe watch, in accordance with –
(a) section A-VIII/2,
Part 4-2, of the STCW Code; and
(b) any additional principles
and requirements imposed at the Minister’s discretion or as specified in
Merchant Shipping Notice 1868 (M).
37 Arrangements in port
(1) The
master of a ship that is safely moored or safely at anchor under normal
circumstances in port must arrange for an appropriate and effective watch to be
maintained for the purposes of safety.
(2) The
arrangements required by paragraph (1) must be in accordance with –
(a) section A-VIII/2, Part 5,
of the STCW Code; and
(b) any additional principles
and requirements imposed at the Minister’s discretion or as specified in
Merchant Shipping Notice 1868 (M).
38 Exemptions
The Minister may grant,
on such terms, if any, as may be specified, exemptions from all or any of the
provisions of this Part for classes of case or individual cases and may amend
or cancel any exemptions so granted.
PART 4
GENERAL
39 Responsibilities of companies, masters
and others
(1) This
Article applies to a sea-going ship registered in Jersey other than –
(a) a fishing vessel;
(b) a small commercial ship;
(c) a pleasure vessel; or
(d) a wooden ship of
primitive build.
(2) A
company must ensure that –
(a) a seafarer assigned to
any of its ships holds an appropriate certificate in respect of any function
that person performs on that ship;
(b) a seafarer on any of its
ships has had training specified in Part 2 in respect of any function that
person performs on that ship; and
(c) documentation and data
relevant to a seafarer employed on its ships are maintained and readily
available for inspection and include, without being limited to, documentation
and data on their experience, training, medical fitness
and competency in assigned duties.
(3) Nothing
in paragraph (2) prohibits the allocation of tasks for training under
supervision or in case of force majeure.
(4) A
company must provide written instructions to the master of each of its ships
setting out the policies and the procedures to be followed to ensure that all
officers and ratings who are newly employed on board the ship are given a
reasonable opportunity to become familiar with the shipboard equipment,
operating procedures and other arrangements needed for the proper performance
of their duties, before being assigned to those duties.
(5) The
policies and procedures referred to in paragraph (4) include –
(a) allocation of a
reasonable period of time during which each newly
employed officer or rating will have an opportunity to become acquainted with –
(i) the specific equipment
that the officer or rating will be using or operating, and
(ii) ship-specific
watchkeeping, safety, environmental protection and emergency procedures and
arrangements that the officer or rating needs to know to perform the assigned
duties properly; and
(b) designation of a
knowledgeable crew member responsible for ensuring that an opportunity is
provided to each newly employed officer or rating to receive essential
information in a language the officer or rating understands.
(6) A
master provided with written instructions under paragraph (4) and a member of a
crew designated with an obligation under paragraph (5)(b) must carry out
those instructions or that obligation, as the case may be.
40 Carriage of documents
A company and a master
must ensure that there are carried at all times on
board ship all original certificates and other documents issued under the STCW
Convention and Part 2 of this Order indicating the qualification of any
member of the crew to perform functions which they are required to perform
aboard ship in the course of their designated duties.
41 Inspection of non-Jersey ships
(1) An
authorised person may inspect any ship that is not a Jersey ship for the
purposes of –
(a) verifying that a seafarer
serving on board who is required to be certificated holds valid STCW
certificates; and
(b) assessing the ability of
a seafarer in the ship to maintain the watchkeeping standards required by Part 3
where there are grounds for believing that such standards are not being
maintained because, while in a port in Jersey or in the approaches to that
port, any of the following have occurred –
(i) the ship has been
involved in a collision, grounding or stranding,
(ii) there has been an
unlawful discharge of substances from the ship when underway, at anchor or at a
berth,
(iii) the ship has been
manoeuvred in an erratic or unsafe manner, or navigational course markers or
traffic separation schemes have not been followed, or
(iv) the ship has otherwise
been operated in such a manner as to pose a danger to persons, property or the environment.
(2) If
an authorised person finds on inspection any deficiency of a kind specified in
paragraph (3), the authorised person must notify in writing –
(a) the master of the ship;
and
(b) the nearest maritime, consular or diplomatic representative of the flag State,
that such a deficiency has
been found.
(3) The
deficiencies are –
(a) a failure of a seafarer
to hold an STCW certificate, or a valid exemption from that requirement;
(b) a failure to comply with
the safe manning document;
(c) a failure of navigational
or engineering watch arrangements to conform to the
requirements specified for the ship by the competent authority of the country
in which the ship is registered;
(d) an absence on a watch of
a person qualified to operate equipment essential to safe navigation, safety
radio communications or the prevention of marine pollution;
(e) an inability of the
master to provide adequately rested persons for the first watch at the
commencement of a voyage and for subsequent relieving watches.
(4) In
this Article –
“authorised person” means
a person authorised by the Minister for the purposes of this Order; and
“STCW Certificate” means a
certificate issued and endorsed in accordance with the provisions of the STCW
Convention entitling the lawful holder to serve in the capacity and perform the
functions involved –
(a) at the level of
responsibility specified;
(b) on a ship of the type,
tonnage or power and means of propulsion on which the seafarer is serving; and
(c) while engaged on the particular voyage concerned.
42 Power to detain
(1) Paragraph (2)
applies in any case where there is found –
(a) in relation to a ship
that is a Jersey ship, a contravention of this Order; or
(b) in relation to a ship
which is not a Jersey ship –
(i) a contravention of
Articles 36 and 37,
(ii) a breach of a term of an
exemption granted under Article 38, or
(iii) a failure to correct a
deficiency of a kind specified in Article 41(3) after notification to the
master under Article 41(2), and there is in consequence a danger to
persons, property or the environment.
(2) Where
this paragraph applies the ship may be detained and Article 177 of the Law
applies for the purposes of enforcing that detention as if for the words “this
Law”, whenever they appear, there were substituted the words “the Shipping
(Standards of Training, Certification and Watchkeeping) (Jersey) Order 2021”.
(3) Articles 162
and 163 of the Law apply to any notice of detention issued under Article 177
of the Law as applied by paragraph (2), as they apply to prohibition
notices.
43 Offences and penalties
(1) A
company or a master who contravenes Articles 35(1), 39(2) or (4) or 40 commits
an offence and liable to a fine and (in the case of an individual) imprisonment
for 6 months.
(2) A
member of the crew who contravenes Article 39(6) commits an offence and
liable to a fine of level 3 on the standard scale.
(3) A
chief engineer who contravenes Article 36(3) commits an offence and liable
to a fine.
(4) It
is a defence for a person charged with an offence under this Order that the
person took all reasonable steps to avoid commission of the offence.
(5) In
any proceedings for an offence under this Order consisting of a failure to
comply with a duty or requirement to do something so far as is reasonably
practicable, it is for the person charged to prove that it was not reasonably
practicable to do more than was in fact done to satisfy the duty or
requirement.
44 [1]
45 Citation and commencement
This Order may be cited as the Shipping (Standards of Training,
Certification and Watchkeeping) (Jersey) Order 2021 and comes into force 7 days
after it was made.