Shipping (Load
Line) (Jersey) Regulations 2004
Made 17th February 2004
Coming into force in
accordance with Regulation 48(2)
THE STATES, in pursuance of Article 49(1)(a) and (b), (4) and (6) to (8) and Article 50(1)
and (2) of the Shipping
(Jersey) Law 2002,[1] have made the following
Regulations –
PART 1
GENERAL
1 Interpretation
(1) In
these Regulations, except where the context otherwise requires –
“1966 Convention” means the International Convention on Load Lines, 1966;
“1988 Protocol” means the Protocol of 1988 relating to the 1966
Convention;
“alteration” includes deterioration;
“amidships”, in relation to a ship, means the middle of the ship’s
length;
“anniversary date”, in relation to a certificate, means, subject to Regulation 8(6),
the day and the month of each year that corresponds to the date of expiry of
the certificate;
“annual survey”, in respect of a ship, means the survey the ship is required
to undergo in compliance with Regulation 8(1)(c);
“appropriate certificate” means –
(a) in
the case of a Convention-size ship, an International Load Line Certificate or
an International Load Line Certificate (1966); and
(b) in the
case of any other ship, a Jersey Load Line Certificate;
“appropriate marks” means the appropriate load lines, deck-lines and load line
marks;
“Assigning Authority” means the Committee or a person or organisation authorized
by the Committee in accordance with Regulation 7;
“Category A, B, C or D waters” means the waters specified as such in Merchant Shipping
Notice MSN 1776 (M);
“clearance” includes transire;
“club pleasure vessel” means a ship –
(a) that
is wholly owned by or on behalf of a members’ club formed for the purpose
of sport or pleasure; and
(b) that
is not used except 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, with no other payments being
made by or on behalf of users of the ship, other than by the owner;
“conditions of assignment”, in respect of a ship, means the conditions relating to the
construction, arrangement and stability of the ship that the ship must comply
with in order to be assigned freeboards;
“Convention certificate” means an International Load Line Certificate, an
International Load Line Certificate (1966), an International Load Line
Exemption Certificate or an International Load Line Exemption Certificate
(1966);
“Convention country” means –
(a) a
country the Government of which is party to the 1966 Convention, or to the 1966
Convention as amended by the 1988 Protocol; or
(b) a
territory to which the 1966 Convention, or the 1966 Convention as
amended by the 1988 Protocol, extends;
“Convention-size”, in relation to a ship, means a ship that is 24 metres
or more in length;
“corporate pleasure vessel” means a ship –
(a) that
is owned by a body corporate;
(b) that
is not used except for sport or pleasure by the owner’s employees or
officers, or their immediate family or friends; and
(c) that
is used for voyages or excursions for which the owner does not receive money to
operate the ship or to carry passengers, other than as a contribution to the
direct expenses of the operation of the ship incurred during the voyage or
excursion, with no other payments being made by or on behalf of users of the
ship, other than by the owner;
“deck line” means the line mentioned in Regulation 23;
“existing ship” means a ship that is not a new ship;
“freeboard”, in respect of a ship, means the distance measured
vertically downwards at amidships from the upper edge of the deck-line of the
ship to the upper edge of the appropriate load line;
“freeboard deck”, in respect of a ship, means the deck from which the
position of the deck line is to be determined and hence the freeboards assigned
to the ship are to be calculated, being the deck that is –
(a) the
uppermost complete deck exposed to weather and sea that has permanent means of
closing all openings open to the weather and below which all openings in the
sides of the ship are fitted with permanent means of watertight closing; or
(b) at
the request of the owner and subject to the approval of the Committee, a deck
lower than that described in paragraph (a), being a complete and permanent
deck that is continuous both in a fore and aft direction at least between the
machinery space and peak bulkheads of the ship, and athwart ships,
with a deck that is stepped being taken to consist, for the purpose
of this definition, of the lowest line of the deck and the continuation of that
line parallel to the upper part of the deck;
“immediate family”, in respect of an individual, means, the individual’s
spouse, and a brother, sister, ancestor or lineal descendant relative of the
individual or of the individual’s spouse;
“International Load Line Certificate” means an International Load Line Certificate issued under
the 1966 Convention as amended by the 1988 Protocol;
“International Load Line Certificate
(1966)” means an International Load Line
Certificate issued under the 1966 Convention before the relevant entry
into force date (if any);
“International Load Line Exemption
Certificate” means an International Load
Line Exemption Certificate issued under the 1966 Convention as amended by
the 1988 Protocol;
“International Load Line Exemption
Certificate (1966)” means an International
Load Line Exemption Certificate issued under the 1966 Convention before
the relevant entry into force date (if any);
“international voyage” means a voyage between –
(a) a
port in Jersey and a port outside Jersey; or
(b) a
port in a Convention country (other than Jersey) and a port in any other
country or territory (whether a Convention country or not) that is outside
Jersey;
“Jersey issued load line Certificate” means –
(a) in
the case of a Convention-size ship, an International Load Line Certificate
issued under these Regulations; and
(b) in
the case of any other ship, a Jersey Load Line Certificate;
“Jersey certificate” means a Jersey Load Line Certificate or a Jersey Load Line
Exemption Certificate;
“Jersey Load Line Certificate” means a certificate issued under Regulation 9(1)(b);
“Jersey Load Line Exemption Certificate” means a certificate issued under Regulation 19(1);
“length”,
in respect of a ship, means the greater of the following distances –
(a) 96%
of the total length on a waterline at 85% of the least moulded depth measured
from the top of the keel; or
(b) the
length from the fore-side of the stem to the axis of the rudder stock on that
waterline,
except that –
(c) if
the stem contour of a ship is concave above the waterline at 85% of the least
moulded depth, both the forward terminal of the total length and the fore-side
of the stem respectively shall be taken at the vertical projection to that
waterline of the aftermost point of the stem contour (above that waterline); or
(d) if
the ship is designed with a rake of keel, the waterline on which the waterline
length is to be measured shall be a line parallel to the designed waterline;
“load line”, in respect of a ship, means a line directed to be marked on
the ship –
(a) pursuant
to Regulation 4(1)(b); or
(b) in
the case of a ship not surveyed under these Regulations, pursuant to an
International Load Line Certificate or an International Load Line Certificate
(1966),
that indicates the maximum depth to which the ship may be loaded in
the zone and seasonal period relevant to the load line;
“load line mark” means the mark described in Regulation 24;
“Maritime and Coastguard Agency” means the Maritime and Coastguard Agency, an Executive
Agency of the Department for Transport;
“material date”, for the purposes of the definitions “new
ship” and “existing
ship” means –
(a) in
respect of a ship whose parent country is a Convention country other than
Jersey, the date on which the 1966 Convention entered into force for that
country; and
(b) in
respect of any other ship, the date these Regulations came into force;
“Merchant Shipping Notice” means a Notice described as such and issued by the Maritime
and Coastguard Agency, and if a particular Merchant Shipping Notice is
mentioned, means that notice as for the time being amended or replaced by any
other Merchant Shipping Notice;
“moulded depth”, in relation to a ship, means the vertical distance measured
from the top of the ship’s keel to the top of its freeboard deck beam at
its side, except that –
(a) in
the case of a wood or composite ship, it shall be measured from the lower edge
of the keel rabbet;
(b) if
the form at the lower part of the midship section of the ship is of a hollow
character or if thick garboards are fitted, it shall be measured from the point
where the line of the flat of the bottom continued inwards cuts the side of the
keel;
(c) in
the case of a ship with rounded gunwales, it shall be measured to the point of
intersection of the moulded lines of the deck and side shell plating, the lines
extending as though the gunwale were of angular design; and
(d) if
the freeboard deck of the ship is stepped and the raised part of the deck
extends over the point at which the moulded depth is to be determined, it shall
be measured to a line of reference extending from the lower part of the deck
along a line parallel to the raised part of the deck;
“near-coastal voyage”, in respect of a ship, means a voyage during which the ship
is never more than 150 nautical miles from a safe haven in Jersey;
“new ship”
means a ship the keel of which is laid, or is at a similar stage of
construction, on or after the material date;
“non-Jersey ship” means a ship other than a Jersey ship within the meaning of Article 49(3)
of the Shipping (Jersey) Law 2002;[2]
“parent country”, in respect of a ship, means –
(a) the
country or territory in which the ship is registered; or
(b) if
the ship is not registered, the country or territory the flag of which it
flies;
“personal pleasure vessel” means a ship –
(a) that
is wholly owned by an individual or by individuals;
(b) that
is not used except for the sport or pleasure of the owner, the immediate family
of the owner or friends of the owner; and
(c) that
is used on voyages or excursions for which the owner does not receive money to
operate the ship or to carry passengers, other than as a contribution to the
direct expenses of the operation of the ship incurred during the voyage or
excursion with no other payments being made by or on behalf of users of the
ship, other than by the owner;
“pleasure vessel” means a club pleasure vessel, a corporate pleasure vessel or
a personal pleasure vessel;
“rake of keel” means the inclination of the keel to a horizontal baseline;
“relevant entry into force date”, in respect of a ship, means the date when the 1988
Protocol entered into force in respect of the Government of the parent country
of the ship;
“renewal survey”, in respect of a ship, means the survey the ship is required
to undergo in compliance with Regulation 8(1)(b);
“sailing ship” means a ship designed to carry sail whether as the sole
means of propulsion or as a supplementary means;
“sea”
does not include Category A, B, C or D waters;
“surveyor”
means a surveyor appointed by the Committee or a surveyor appointed by and
working exclusively for an Assigning Authority;
“valid Convention certificate” means –
(a) an
International Load Line Certificate (1966) or an International Load Line
Exemption Certificate (1966); or
(b) an
International Load Line Certificate or an International Load Line Exemption
Certificate,
that is in force;
“watertight”, in respect of part of a ship, means able to prevent water
entering or leaving the ship.
(2) In
determining if a ship is on an international voyage no account is to be taken
of any deviation by the ship from its intended voyage if the deviation was
solely due –
(a) to
stress of weather; or
(b) to
other circumstance that neither the master, the owner nor any charterer of the
ship could have prevented or forestalled.
(3) A
reference in these Regulations to the 1966 Convention includes any
amendment of it specified in a Merchant Shipping Notice.
(4) An
approval given pursuant to these Regulations is of no effect unless it is given
in writing and specifies the date on which it takes effect and the conditions
(if any) subject to which it is given.
2 Application
(1) These
Regulations apply to –
(a) a
Jersey ship wherever it is; and
(b) any
other ship while it is within Jersey waters.
(2) However
these Regulations do not apply to the following ships –
(a) a
ship of war;
(b) a
ship engaged solely in fishing;
(c) a
pleasure vessel;
(d) a
ship that does not go to sea;
(e) a
ship that is under 80 net tons, that is engaged solely in the coasting trade,
that does not carry cargo and that falls within one of the classes of ships
specified in paragraph (3).
(3) Those
classes are –
(a) tugs
or salvage ships;
(b) hopper
barges or dredgers;
(c) ships
approved by the Committee that are used by or on behalf of the States or by an
agency of the States, or by a contractor of the States or of an agency of the
States;
(d) ships
in respect of which passenger certificates are in force specifying limits
beyond which the ships must not ply, and that operate solely within those
limits.
(4) Despite
paragraph (2)(e) a ship mentioned in that paragraph that falls within the
class of ships specified in paragraph (3)(d) is excepted from these
Regulations although it may be carrying cargo if the carriage of the cargo is
expressly authorized by its passenger certificate.
3 Exemptions
(1) The
Committee may exempt from these Regulations –
(a) a
ship that embodies novel features if the development of the features and their
incorporation into ships engaged on international voyages might be seriously
impeded were the ship to be required to comply with these Regulations;
(b) a
ship plying on an international voyage between near neighbouring ports if the
Committee is satisfied in respect of the matters mentioned in paragraph (2).
(2) Those
matters are –
(a) that
the sheltered nature and condition of the voyage makes it unreasonable or
impracticable to apply these Regulations; and
(b) that
the Government of the other country or of each of the other countries agrees.
(3) The
Committee may exempt from these Regulations –
(a) a
ship that is not a Convention-size ship; or
(b) any
other ship that does not ply on international voyages.
(4) The
Committee may exempt from these Regulations a Jersey ship that does not
normally ply on international voyages while it is engaged on a single
international voyage it is required to undertake in exceptional circumstances.
(5) An
exemption conferred under this Regulation may be conferred subject to such
conditions as the Committee thinks fit.
(6) An
exemption conferred subject to conditions has no effect unless the conditions
are complied with.
PART 2
ENFORCEMENT
4 General
compliance before going to sea
(1) The
master and owner of a ship are each guilty of an offence and liable to a fine
if the ship proceeds or attempts to proceed to sea unless the ship –
(a) has
been surveyed in accordance with these Regulations;
(b) is
marked with the appropriate marks;
(c) is
in compliance with the conditions of assignment applicable to it; and
(d) has
available on board the information mentioned in Regulations 32 and 33.
(2) Paragraph (1)
does not apply to a non-Jersey ship if a valid Convention certificate in
respect of the ship is produced when clearance for the ship is requested.
(3) The
master and owner of a ship are each guilty of an offence and liable to a fine
if the ship proceeds or attempts to proceed to sea unless a Convention
certificate or a Jersey certificate is in force in respect of the ship.
(4) If
a ship proceeds or attempts to proceed to sea in contravention of this
Regulation it may be detained until it can proceed to sea without being in
contravention of this Regulation.
5 Compliance
with loading limits
(1) The
master and owner of a ship are each guilty of an offence and liable to a fine
if the ship is loaded so that any part of its appropriate load line is
permanently submerged.
(2) In paragraph (1)
“appropriate load line” means the load line that indicates the
maximum depth to which the ship may be loaded in the zone and during the
seasonal period in which the ship is for the time being.
(3) It
shall be a defence for a person charged with an offence under paragraph (1)
to prove –
(a) that
the contravention was due solely to a deviation or delay; and
(b) that
the deviation or delay was caused solely by stress of weather or other
circumstances that neither the master nor the owner nor any charterer could
have prevented or forestalled.
(4) If
a ship proceeds to sea so loaded that at some time during its proposed voyage
it must be in contravention of paragraph (1) –
(a) the
master of the ship; and
(b) any
other person who with reason to believe that the ship was so loaded still sent
or was a party to sending it to sea,
are each guilty of an offence and liable to a fine.
(5) If
a valid Convention certificate cannot be produced in respect of a ship its
freeboard deck and its freeboard shall be determined in accordance with these
Regulations and its appropriate load line shall be determined accordingly.
(6) If
a passenger ship is marked with subdivision load lines and the lowest of those
lines is lower than the line that would otherwise be the appropriate load line
for the ship, the subdivision load line shall have effect as if it were the
appropriate load line for the purposes of this Regulation.
(7) If
a ship proceeds or attempts to proceed to sea in contravention of this paragraph (4)
it may be detained until it can proceed to sea without being in contravention
of that paragraph.
6 Certificate
to be produced before clearance
(1) The
master of a ship must produce a Convention certificate or a Jersey certificate
that is in force in respect of the ship to the customs officer from whom a
clearance for the ship is demanded before the ship can proceed to sea on an
international voyage from a port in Jersey.
(2) If
the certificate is not produced –
(a) clearance
shall not be granted; and
(b) the
ship shall be detained until the certificate is produced.
PART 3
SURVEYS AND CERTIFICATES
7 Committee
may appoint Assigning Authority
The Committee may authorize, in writing, a person or organisation
with, in either case, the appropriate qualifications to be an Assigning
Authority for the purposes of these Regulations.
8 Initial,
renewal and annual surveys
(1) A
Jersey ship must have the following surveys, namely –
(a) an
initial survey to be carried out before the ship is put into service;
(b) a
renewal survey to be carried out at intervals generally not exceeding 5 years;
(c) an
annual survey to be carried out within the period starting 3 months before
and ending 3 months after each anniversary date of the Jersey certificate.
(2) An
initial survey of a ship must –
(a) include
a complete inspection of its structure and equipment; and
(b) be
such as to ensure that the arrangements, materials and scantlings of the ship
comply fully with the requirements of these Regulations.
(3) A
renewal survey of a ship must be such as to ensure that the structure,
equipment, arrangements, materials and scantlings of the ship fully comply with
the requirements of these Regulations.
(4) An
annual survey of a ship must be such as to ensure that –
(a) alterations
have not been made to the hull or superstructures of the ship that would affect
the calculations that determine the position of its load lines;
(b) the
fittings and appliances for the protection of openings, guard rails, freeing
ports and means of access to crew’s quarters of the ship are in an
effective condition;
(c) the
appropriate marks are correctly and permanently indicated on the ship; and
(d) information
is provided on the ship in accordance with Regulations 37 and 38.
(5) If,
after an annual survey of a ship, the surveyor finds it to be satisfactory the
surveyor must endorse the ship’s International Load Line Certificate or
Jersey Load Line Certificate accordingly.
(6) If
an annual survey of a ship is completed before the period mentioned in paragraph (1)(c) –
(a) an
Assigning Authority must endorse a new anniversary date on the certificate
issued in respect of the ship being a date that is not be more than 3 months
after the completion of the annual survey; and
(b) the
subsequent annual surveys of the ship required by paragraph (1)(c) must be
carried out within the period starting 3 months before and ending 3 months
after the new anniversary date.
9 Issue
of certificates
(1) When
a Jersey ship has had an initial or renewal survey and has been found to be
satisfactory and to have been marked in accordance with these Regulations the
Assigning Authority that carried out the survey must issue in respect of the
ship –
(a) an
International Load Line Certificate if the ship is a Convention-size ship; or
(b) a
Jersey Load Line Certificate in any other case.
(2) An
International Load Line Certificate shall be in the form prescribed by Annex
III to the 1988 Protocol.
(3) A
Jersey Load Line Certificate shall, with necessary amendments, be in the form
prescribed in Schedule 8 to Merchant Shipping Notice MSN 1752 (M).
10 General
period of validity of certificates
(1) In
general the period of validity of a certificate issued under these Regulations
after an initial or renewal survey shall not exceed 5 years from the
completion of the survey.
(2) If
a certificate is issued with a period of validity of less than 5 years, an
Assigning Authority may subsequently extend its period of validity to a period
not exceeding 5 years.
(3) If
the period of validity of a certificate is extended in accordance with paragraph (2)
the dates when annual surveys are to be carried out shall be amended
accordingly.
11 Period
of validity of certificates after renewal survey
(1) If
a renewal survey is completed within 3 months before the expiry of the
existing certificate, any new certificate shall be valid for a period that
starts on the completion of the renewal survey and ends not more than 5 years
after the expiry of the existing certificate.
(2) If
a renewal survey is completed after the expiry of the existing certificate, any
new certificate shall be valid for a period that starts on the completion of
the renewal survey and ends not more than 5 years after the expiry of the
existing certificate.
(3) If
a renewal survey is completed more than 3 months before the expiry of the
existing certificate, the new certificate shall be valid for a period that
starts on the completion of the renewal survey and ends not more than 5 years
after the completion of the renewal survey.
12 Extension
of period of validity of certificate - ship not in port
(1) This
Regulation applies if –
(a) the
period of validity of a certificate issued in respect of a ship expires; and
(b) the
ship is not in the port in which it is to be surveyed.
(2) An
Assigning Authority may extend the period of validity of the certificate if it
is satisfied that it is proper and reasonable to do so to allow the ship to
complete its voyage to the port in which it is to be surveyed.
(3) The
period of validity of the certificate may be extended by no more than 3 months.
(4) An
extension does not authorize the ship after its arrival in the port in which it
is to be surveyed to leave that port.
(5) The
next renewal certificate issued in respect of the ship shall be valid for a
period not exceeding 5 years from the expiry of the previous certificate
before the extension was granted.
13 Extension
of period of validity of certificate - special circumstances
(1) This
Regulation applies if –
(a) the
period of validity of a certificate has been extended; and
(b) an
Assigning Authority is satisfied that circumstances exist that makes it
inappropriate for the period of validity of the new certificate issued after a
renewal survey to start on the expiry of the period of validity of the previous
certificate before it was extended.
(2) An
Assigning Authority may issue a certificate with a period of validity that ends
not more than 5 years after the completion of the renewal survey.
14 Issue
of certificate on transfer of ship from another register
(1) This
Regulation applies in respect of a ship that has been transferred to the Jersey
registry from the registry of another country.
(2) An
Assigning Authority may, subject to any survey requirements it considers
necessary, issue in respect of the ship –
(a) an
International Load Line Certificate if the ship is a Convention-size ship; or
(b) a
Jersey Load Line Certificate in any other case.
(3) It
shall not do so unless it is satisfied that –
(a) the
ship has already been subjected to satisfactory initial, renewal and annual
surveys, as appropriate;
(b) the
condition of the ship, including its structure and equipment, have been
maintained so as to comply with the requirements of the 1966 Convention
applicable to the ship; and
(c) since
the surveys referred to in subparagraph (a) were completed no material
change has been made to the ship, its structure or equipment, the subject of
those surveys, without the approval of an appropriate authority of the country
in which the ship was previously registered.
(4) A
certificate issued under this Regulation is valid for the period determined by
the Assigning Authority being a period ending no later than the period of
validity of the certificate last issued in respect of the ship by an
appropriate authority of the country in which the ship was previously
registered.
15 Jersey
ship may be surveyed elsewhere
(1) The
Committee may request, through a proper officer or otherwise, the Government of
a Convention country to survey a Jersey ship and, if satisfied that its
complies with the requirements of the 1966 Convention –
(a) to
issue or authorize the issue of an International Load Line Certificate if the
ship is a Convention-size ship or a Jersey Load Line Certificate in any other
case; or
(b) in
the case of an annual survey, to endorse or authorize the endorsement of the
ship’s International Load Line Certificate or Jersey Load Line Certificate
accordingly.
(2) A
certificate issued in accordance with a request made under this Regulation that
contains a statement that it has been so issued shall have the same effect as
if it had been issued by the Committee.
(3) An
endorsement made in accordance with a request made under this Regulation that
contains a statement that it has been so made, shall have the same effect as if
it had been made by a surveyor.
16 Committee
may survey non-Jersey ships
(1) This
Article applies if the Government of a Convention country requests the
Committee to survey or arrange to have surveyed a ship registered in that
country.
(2) The
Committee may –
(a) survey
the ship or arrange to have it surveyed by an Assigning Authority; and
(b) if
satisfied that the ship complies with the requirements of the 1966 Convention
as amended by the 1988 Protocol, issue an International Load Line Certificate
in respect of the ship or, in the case of an annual survey, endorse such a
certificate issued in respect of the ship in accordance with the requirements
of that Convention, as amended.
(3) The
Committee must include in a certificate issued in accordance with paragraph (2)(b)
or add to an endorsement made in accordance with that paragraph a statement
that the Certificate was issued or the endorsement made in accordance with that
paragraph.
(4) If
the statement mentioned in paragraph (3) is added to a certificate or
endorsement mentioned in paragraph (2)(a) the certificate or endorsement
shall have the same effect as if it was issued or made by or on behalf of the
Government that made the request.
17 Committee
may issue Jersey Load Line Certificate to non-Jersey ship
(1) An
Assigning Authority may issue a Jersey Load Line Certificate to a non-Jersey
ship that has been surveyed and marked in accordance with these Regulations.
(2) Subject
to paragraph (3), a certificate issued under paragraph (1) shall be
subject to the same conditions and have the same effect as a similar
certificate issued to a Jersey ship.
(3) A
certificate issued under paragraph (1) in respect of a ship registered in
a Convention country shall be valid only so long as the ship is not plying on
international voyages.
(4) The
Committee must cancel the certificate if it has reason to believe that the ship
is plying on international voyages.
18 Issue
of exemption certificates – Regulation 3(1) and (4)
(1) The
Committee must issue an International Load Line Exemption Certificate in
respect of a ship it exempts under Regulation 3(1) or (4).
(2) The
Certificate must –
(a) be
in the form prescribed by the 1966 Convention as amended by Annex III to the 1988
Protocol; and
(b) state
any conditions with which the ship is to comply.
19 Issue
of exemption certificates – Regulation 3(3)
(1) The
Committee must issue a Jersey Load Line Exemption Certificate in respect of a
ship it exempts under Regulation 3(3).
(2) The
Certificate must –
(a) be
in the form prescribed in Schedule 8 of Merchant Shipping Notice MSN 1752
(M); and
(b) state
any conditions with which the ship is to comply.
(3) Except
in so far as the nature or terms of the exemption otherwise
requires –
(a) the
ship must be assigned freeboards in accordance with Regulation 21;
(b) the
ship shall be subject to surveys in accordance with Regulation 8; and
(c) Regulations
8 to 11 shall apply in relation to Jersey Load Line Exemption Certificates as
they apply in relation to a Jersey issued load line Certificate, subject to the
substitution, for references to an Assigning Authority, of references to the
Committee.
20 Certificates
ceasing to be valid, and surrender and cancellation of certificates
(1) A
certificate issued in respect of a Jersey ship ceases to be valid
if –
(a) a
material alteration that would necessitate the assignment of an increased
freeboard to the ship is made in its hull or superstructure;
(b) any
of the fittings and appliances for the protection of openings, guard rails,
freeing ports and means of access to crew’s quarters of the ship are not
in an effective condition;
(c) after
an annual survey the certificate is not endorsed to show the ship has undergone
that survey;
(d) the
structural strength of the ship is lowered to such an extent that the ship is
unsafe;
(e) a
new certificate is issued in respect of the ship; or
(f) the
ship ceases to be a Jersey ship.
(2) The
Committee may cancel a certificate issued in respect of a Jersey ship if it is
satisfied that –
(a) the
certificate was issued on false or erroneous information;
(b) information
on the basis of which any freeboards were assigned to the ship was incorrect in
a material particular; or
(c) the
ship has ceased to comply with its conditions of assignment.
(3) If
the Committee proposes to cancel a certificate issued in respect of a Jersey
ship, it must first serve a written notice on the owner of the ship specifying
the grounds for the proposed cancellation.
(4) Unless
the Committee considers that urgent safety considerations otherwise require, it
shall not cancel a certificate issued in respect of a Jersey ship –
(a) until
its owner has been given a reasonable opportunity to make representations to
the Committee; and
(b) the
Committee has considered any representations so made.
(5) The
requirement that the notice referred to in paragraph (3) must be written
is satisfied if its text –
(a) is
transmitted by electronic means;
(b) is
received in legible form; and
(c) is
capable of being used for subsequent reference.
(6) The
Committee may direct that a certificate that has ceased to be valid or has been
cancelled under this Regulation be surrendered to it.
PART 4
LOAD LINES AND MARKS
21 Assignment
of freeboard
An Assigning Authority may, in respect of a Jersey ship –
(a) determine
in accordance with Schedule 2 to the Merchant Shipping Notice MSN 1752(M)
the particulars of the freeboards to be assigned to the ship;
(b) determine
which load lines are to be marked on it;
(c) determine
the position where the deck-line, the load line mark and the load lines are to
be marked on it; and
(d) complete
a copy of the record of particulars relating to the conditions of assignment in
the form set out in Schedule 3 to the Merchant shipping Notice MSN 1752(M)
and give it to the owner of the ship.
22 Marking
(1) The
owner of a ship must mark on each side of the ship in accordance with the
directions of an Assigning Authority –
(a) the
load lines;
(b) the
deck-line; and
(c) the
load line mark.
(2) The
owner of the ship must mark the ship in accordance with Regulation 29(4)
if a Jersey Load Line Exemption Certificate is issued in respect of the ship in
association with the assignment of special freeboards for the ship that are
less than those required by Regulation 35.
23 Deck-line
(1) The
deck-line shall –
(a) consist
of a horizontal line 300 millimetres in length and 25 millimetres in
width; and
(b) be
marked amidships on each side of the ship so as to indicate the position of the
freeboard deck.
(2) Subject
to paragraph (3), the deck-line must be marked in such a position on the
side of the ship so that its upper edge passes through the point amidships
where the continuation outwards of the upper surface of the freeboard deck, or
of any sheathing of that deck, intersects the outer surface of the shell of the
ship as shown in Figure 1.
(3) If
the design of the ship, or other circumstances, make it impracticable to mark
the deck-line in accordance with paragraph (2) an Assigning Authority may
direct that it be marked by reference to another fixed point as near as
practicable to the position described in paragraph (2).
24 Load
line mark
(1) The
load line mark, the layout of which is illustrated in Figure 2, shall
consist of a ring 300 millimetres in outside diameter and 25 millimetres
wide, intersected by a horizontal line 450 millimetres long and 25 millimetres
wide the upper edge of which passes through the centre of the ring.
(2) The
centre of the ring must be marked amidships vertically below the deck-line so
that, except as otherwise provided in Regulation 31, the distance from the
centre of the ring to the upper edge of the deck-line is equal to the Summer
freeboard assigned to the ship.
25 Load
lines
(1) Load
lines shall –
(a) consist
of horizontal lines of 230 millimetres in length and 25 millimetres
in width;
(b) extend
forward of or abaft a vertical line 25 millimetres in width marked
540 millimetres forward of the centre of the ring of the load line mark;
and
(c) be
at right angles to that line,
as shown in Figure 2.
(2) Except
in respect of sailing ships there shall be the following individual load
lines –
(a) a Summer load line, which shall extend forward of the
vertical line mentioned in paragraph (1)(b), shall correspond horizontally
with the line passing through the centre of the ring of the load line mark and
shall be marked S;
(b) a Winter load line, which shall extend forward of the
vertical line, and be marked W;
(c) a Winter North Atlantic load line, which shall extend
forward of the vertical line, and be marked WNA;
(d) a Tropical load line, which shall extend forward of the
vertical line, and be marked T;
(e) a Fresh Water load line, which shall extend abaft the
vertical line, and be marked F; and
(f) a
Tropical Fresh Water load line, which shall
extend abaft the vertical line and be marked TF.
(3) In
the case of a sailing ship –
(a) the
Summer load line shall consist of the line
passing through the centre of the ring of the load line mark; and
(b) only
a Winter North Atlantic load line and a Fresh Water load line shall be marked on the ship, as
shown in Figure 3.
(4) The
maximum depth to which a ship may be loaded in relation to a load line referred
to in paragraph (2) is the depth indicated by the upper edge of the load
line.
26 Timber
load lines
(1) Timber
load lines shall –
(a) consist of horizontal lines of 230 millimetres
in length and 25 millimetres in width;
(b) extend forward of or abaft a vertical line
25 millimetres in width marked 540 millimetres abaft the centre of
the ring of the load line mark; and
(c) be
at right angles to that line,
as shown in Figure 4.
(2) There
shall be the following individual load lines –
(a) a
Summer Timber load line, which shall extend abaft the said vertical line and be
marked LS;
(b) a
Winter Timber load line, which shall extend abaft the vertical line and be
marked LW;
(c) a
Winter North Atlantic Timber load line, which shall extend abaft the vertical
line and be marked LWNA;
(d) a
Tropical Timber load line, which shall extend abaft of the vertical line and be
marked LT;
(e) a
Fresh Water Timber load line, which shall extend forward of the vertical line
and be marked LF; and
(f) a
Tropical Fresh Water Timber load line, which shall extend forward of the
vertical line and be marked LTF.
(3) The
maximum depth to which a ship may be loaded in relation to a Timber load line
referred to in paragraph (1) is the depth indicated by the upper edge of
the Timber load line.
27 Freeboard
assigned for each load line
The freeboard assigned for each load line shall be ascertained in
accordance with the provisions of Schedule 1 to the Merchant Shipping
Notice MSN 1752(M).
28 Position
of load lines
Each load line shall be marked on each side of the ship so that the
distance measured vertically downwards from the upper edge of the deck-line to
the upper edge of the load line is equal to the freeboard assigned for that
load line.
29 Method
of marking
(1) The
appropriate marks in respect of a ship must be marked so as to be plainly
visible.
(2) They
must be marked –
(a) if
the sides of the ship are of metal, by being cut in, centre punched or welded;
(b) if
the sides of the ship are of wood, by being cut into the planking to a depth of
not less than 3 millimetres;
(c) if
the sides of the ship are of other material that makes the methods mentioned in
subparagraph (a) or (b) ineffective, by being permanently affixed by
bonding or some other effective method.
(3) The
marks must be painted in white or yellow if the background is dark, and in
black if the background is light.
(4) If,
in respect of a ship, a Jersey Load Line Exemption Certificate has been issued
in association with the assignment of special freeboards that are less than
those required by Regulation 35, the load lines and the load line marks
must –
(a) be
marked on the ship by being painted in red on a contrasting background; and
(b) comply
with paragraph (2).
30 Mark
of Assigning Authority
(1) The
identity of the Assigning Authority may be marked alongside the ring of the
load line mark either above the horizontal line which passes through the centre
of the ring, or above and below it.
(2) The
mark must not consist of not more than 4 initials each measuring
approximately 115 millimetres in height and 75 millimetres in width.
PART 5
CONDITIONS OF ASSIGNMENT
31 Requirements
relevant to the assignment of freeboards
A ship to which freeboards are assigned under these Regulations
shall comply with the conditions of assignment applicable to that ship and set
out in Schedule 2 to the Merchant Shipping Notice MSN 1752 (M).
32 Compliance
with conditions of assignment
(1) A
ship ceases to comply with the conditions of assignment applicable to it if
after the assignment of freeboards to it its hull, superstructure, fittings or
appliances are altered in such a way that –
(a) a
requirement applicable to the ship under Regulation 31 is not complied
with; or
(b) the
ship differs in a material respect from the record of particulars provided in
accordance with Regulation 33.
(2) Despite
undergoing an alteration referred to in paragraph (1)(a) a ship shall be
taken to continue to comply with the conditions of assignment applicable to it
if –
(a) amended
freeboards appropriate to the condition of the ship are assigned to the ship;
(b) the
ship is marked with the new load lines; and
(c) a
new certificate is issued to the owner of the ship.
(3) A
ship shall also be taken to continue to comply with the conditions of
assignment applicable to it despite undergoing an alteration if –
(a) the
alteration has been inspected by a surveyor on behalf of an Assigning Authority
and that Authority is satisfied that the alteration is not such as to require
any change in the freeboards assigned to the ship; and
(b) the
particulars of the alteration together with the date and place of the
inspection are endorsed by the surveyor on the record referred to in Regulation
33(1).
33 Record
of particulars
(1) The
Assigning Authority in respect of a ship shall issue a record of particulars of
the ship to its owner.
(2) The
record shall be in the form set out in Schedule 3 to the Merchant Shipping
Notice MSN 1752(M).
(3) A
ship ceases to comply with the conditions of assignment applicable to it if the
record of particulars issued in respect of the ship is not on board.
PART 6
FREEBOARDS
34 Types
of freeboard
(1) There
may be assigned to a ship –
(a) a
Tropical Fresh Water freeboard;
(b) a Fresh
Water freeboard;
(c) a
Tropical freeboard;
(d) a
Summer freeboard;
(e) a
Winter freeboard; and
(f) a
Winter North Atlantic freeboard.
(2) If
a ship carries timber there may be assigned to it –
(a) a
Tropical Fresh Water Timber freeboard;
(b) a
Fresh Water Timber freeboard;
(c) a
Tropical Timber freeboard;
(d) a
Summer Timber freeboard;
(e) a
Winter Timber freeboard; and
(f) a
Winter North Atlantic Timber freeboard.
35 Determination
of freeboards
(1) Except
if paragraph (2) applies, an Assigning Authority must determine the
freeboards assigned to a ship in accordance with Schedule 4 to Merchant
Shipping Notice MSN 1752 (M).
(2) If,
in respect of a particular ship, an Assigning Authority considers it
appropriate to do so it may assign to the ship freeboards (other than Timber
freeboards) that exceed those that would be assigned to the ship in accordance
with paragraph (1).
(3) An
Assigning Authority must not assign Timber freeboards to a ship in respect of
which it has assigned freeboards in accordance with paragraph (2).
(4) If
the least freeboard assigned to a ship in accordance with paragraph (2) is
equal to or more than the most freeboard that would have been assigned to the
ship in accordance with paragraph (1) only load lines indicating the
Summer freeboard and Fresh Water freeboard shall be marked on the ship.
(5) If paragraph (4)
applies in respect of a ship –
(a) the
load line indicating its Summer freeboard shall consist of the horizontal line
that forms part of the load line mark and except when the ship is in fresh
water, shall be the appropriate load line for all areas and seasons; and
(b) the
load line indicating its Fresh water load line shall be marked in the position
where it would otherwise have been marked in accordance with Regulation 25
and marked F but the vertical line mentioned in that Regulation shall be
omitted.
36 Special
position of deck-line: correction of freeboards
(1) This
Regulation applies if the deck line of a ship is marked in accordance with
Regulation 23(3).
(2) The
freeboards assigned to the ship shall be corrected to allow for the vertical
distance by which the position of the deck-line is altered by virtue of
Regulation 23(3).
(3) The
Assigning Authority shall specify in the Jersey issued load line Certificate
issued in respect of the ship –
(a) the
reference point by which the deck-line has been so marked; and
(b) the
identity of the deck that has been taken as the freeboard deck.
PART 7
INFORMATION FOR THE MASTER
37 Information
as to stability of ships
(1) The
owner of a ship must provide for the guidance of its master information
relating to the stability of the ship.
(2) The
information must –
(a) be
in the form of a book; and
(b) be
kept on the ship in the custody of the master.
(2) If
the ship is a Jersey ship this information must –
(a) include
the matters specified Schedule 6 to Merchant Shipping Notice MSN 1752
(M); and
(b) be
in the form required by that Schedule; and
(c) comply
with paragraphs (3) and (6).
(3) Except
as provided by paragraphs (4) and (5), the information must be based on
the determination of stability of the ship taken from an inclining test carried
out in the presence of –
(a) in
the case of a ship listed in Part II of Schedule 6 to Merchant
Shipping Notice MSN 1752 (M), an Assigning Authority; or
(b) in
any other case, a surveyor appointed by the Committee.
(4) The
inclining test may be dispensed with in respect of a ship if –
(a) basic
stability data is available from the inclining test of a sister ship; and
(b) the
Assigning Authority or the surveyor appointed by the Committee, as the case may
be, is satisfied that reliable stability information can be obtained from the
data.
(5) The
inclining test may also be dispensed with in the case of a ship in a class of
ships specially designed to carry liquids or ore in bulk if the Assigning
Authority or the surveyor appointed by the Committee, as the case may be, is
satisfied that the information available in respect of ships within that class
of ships shows that the ship’s proportions and arrangements will ensure
sufficient stability in all probable loading conditions.
(6) The
owner of a ship must not issue information under this Regulation to the master
of the ship unless –
(a) if
the ship is of a type listed in Part II of Schedule 6 to Merchant Shipping
Notice MSN 1752 (M), it has been approved by the surveyor appointed
by the Committee or by the Assigning Authority that assigned freeboards to the
ship; or
(b) in
any other case, it has been approved by a surveyor appointed by the Committee.
(7) If
alterations are made to a ship or changes occur to it that materially affect
the information issued under this Regulation the owner of the ship shall be
taken not to have complied with this Regulation unless –
(a) the
stability of the ship has been redetermined, if necessary by an inclination
test; and
(b) the
information issued under this Regulation has been amended accordingly.
38 Information
as to loading and ballasting of ships
(1) This
Regulation applies to ships that –
(a) are
more than 150 metres in length; and
(b) are
specially designed to carry liquids or ore in bulk.
(2) The
owner of a ship to which this Regulation applies must provide its master with
information relating to the loading and ballasting of the ship.
(3) The
information must –
(a) indicate
the maximum stresses permissible for the ship; and
(b) specify
the manner in which the ship is to be loaded and ballasted to avoid the
creation of unacceptable stresses in its structure.
(4) The
owner of a Jersey ship to which this Regulation applies ship must not issue
information mentioned in this Regulation to the master of the ship
unless –
(a) if
the ship is of a type listed in Part II of Schedule 6 to Merchant
Shipping Notice MSN 1752 (M), it has been approved by the surveyor
appointed by the Committee or by the Assigning Authority that assigned
freeboards to the ship; or
(b) in
any other case, it has been approved by a surveyor appointed by the Committee.
(5) The
owner of a ship must ensure that information approved in accordance with paragraph (4)
is included in the book mentioned in Regulation 37(1)(a).
PART 8
MISCELLANEOUS PROVISIONS
39 Equivalents
(1) An
Assigning Authority may, with the approval of the Committee, allow a fitting,
material, appliance or apparatus to be fitted in a ship, or allow other
provisions to be made in a ship, in the place of a fitting, material,
appliance, apparatus or provision required under these Regulations, if
satisfied by trial or otherwise that it is at least as effective as that so
required.
(2) An
Assigning Authority may, with the approval of the Committee, allow in an
exceptional case departure from a requirement of these Regulations in respect
of a ship if the freeboards assigned to the ship are increased to an extent
that satisfies the Committee that the safety of the ship and the protection
afforded to its crew will be no less than they would have been if the ship had
fully complied with the requirement and there had been no increase in the
freeboards of the ship.
40 Ship
not to be materially altered without consent
The owner and master of a ship are each guilty of an offence and
liable to a fine if after the completion of a survey of the ship a material
alteration is made to its structure or equipment without the approval of an
Assigning Authority.
41 Certificate
to be returned
The owner of a ship is guilty of an offence and liable to a fine not
exceeding level 2 on the standard scale[3] if upon being required to do
so by the Committee, the owner fails within the time specified by the Committee
to return to the Committee a certificate issued under these Regulations in
respect of the ship that has expired, ceased to be valid, or has been cancelled.
42 Certificate
to be displayed
The owner and master of a Jersey ship are each guilty of an offence
and liable to a fine not exceeding level 3 on the standard scale[4] if a Jersey certificate
issued in respect of the ship is not posted up in some conspicuous place on
board the ship and kept legible.
43 Notification
of draught to be displayed
(1) The
master of a Jersey ship, other than a ship employed on a near-costal voyage, is
guilty of an offence and liable to a fine not exceeding level 3 on the
standard scale[5] if –
(a) the
ship proceeds to sea and there is not posted up in some conspicuous place on
board the ship a notice specifying particulars relating to the depth to which
the ship is loaded; or
(b) the
notice is not kept posted and in a legible state until the ship arrives at its
next place of call.
(2) The
notice must be in the form specified in Schedule 7 to the Merchant
Shipping Notice MSN 1752 (M).
44 Display
of appropriate marks
The owner and owner of a ship are each guilty of an offence and
liable to a fine not exceeding level 4 on the standard scale[6] if the appropriate marks
marked on the ship in accordance with these Regulations are concealed, removed,
altered, defaced or obliterated except with the authority of an Assigning
Authority.
45 Offences
and penalties in relation to certificates and surveys
(1) A
person who does any of the actions mentioned in paragraph (2) is guilty of
an offence and liable to a fine and imprisonment for a term not exceeding 6
months.
(2) Those
actions are –
(a) to
alter a certificate referred to in these Regulations with intent to deceive;
(b) to
falsely make a certificate referred to in these Regulations;
(c) to
knowingly or recklessly furnish false information in connection with a survey
required by these Regulations;
(d) to
use, lend, or allow to be used by another, a certificate referred to in these
Regulations with intent to deceive.
(3) A
person who fails to surrender a certificate to the Committee when directed to
do so in accordance with Regulation 20(6) is guilty of an offence and
liable to a fine not exceeding level 2 on the standard scale.[7]
46 Detention
(1) Article 177
of the Shipping (Jersey) Law 2002[8] (which relates to the
detention of a ship) shall have effect in relation to a ship that is liable to
be detained under these Regulations with the modification that for the words
“this Law” there is substituted the words “the Shipping (Load Line) (Jersey) Regulations 2004[9]”.
(2) Articles 59
and 60 of the Shipping (Jersey) Law 2002[10] shall apply in relation to a
detention notice issued under these Regulations as they apply in relation to
detention notices issued under Article 59, and in their application
“the relevant inspector” mentioned in them shall be taken to mean
the person issuing the detention notice.
47 Repeals
The following provisions of the Shipping
(Jersey) Law 2002 are repealed –
(a) Article 49(9);[11]
(b) in Article 159(4)(a)(ii),
the words “and Schedule 2,”;[12]
(c) Schedule
2;[13]
(d) in paragraph 3
of Schedule 9, the words “, paragraph 27 of Schedule 2”.[14]
48 Citation
and commencement
(1) These
Regulations may be cited as the Shipping (Load Line) (Jersey) Regulations 2004.
(2) They
shall come into force on the same day as the Shipping (Jersey) Law 2002.
A.H. HARRIS
Deputy Greffier of the States.