R&O – 25/2004
Shipping (Distress
Signals and Prevention of Collisions) (Jersey) Order 2004
Made 14th April 2004
Coming into force in
accordance with Article 2(2)
THE HARBOURS AND AIRPORT COMMITTEE, in pursuance of Articles 29, 49 and 196
of the Shipping
(Jersey) Law 2002[1] and Regulation 2 of the Shipping (SOLAS) (Jersey)
Regulations 2004,[2] orders as follows –
1 U.K. Merchant Shipping (Distress Signals and Prevention of
Collisions) Regulations 1996 to apply in Jersey
(1) The
Merchant Shipping (Distress Signals and Prevention of Collisions) Regulations 1996
of the United Kingdom, as from time to time in force in the United Kingdom,
shall apply to Jersey as part of the law of Jersey.
(2) They
shall apply as if –
(a) in
regulation 1(1) “and, subject to paragraph (2) below, shall come
into force on 1st May 1996” were omitted;
(b) paragraphs (2),
(4) and (8) of regulation 1 were omitted;
(c) in
regulation 1(5) for “the United Kingdom” there were substituted
“Jersey”;
(d) for
paragraph (1) of regulation 2 there were substituted the following
paragraph –
“(1) These Regulations apply to
the following vessels –
(a) Jersey ships wherever they may be, and other
ships while within Jersey territorial waters; and
(b) seaplanes on the surface of water in Jersey
or the territorial waters thereof.”;
(e) in
regulation 5 for “Secretary of State” there were substituted
“Harbour Master”;
(f) for
paragraph (1) of regulation 6 there were substituted the following
paragraph –
“(1) Where any of
these Regulations is contravened, the owner of the vessel, the master and any
person for the time being responsible for the conduct of the vessel shall each
be guilty of an offence punishable by a fine.”;
(g) for
regulation 7 there were substituted the following regulation –
“7. In any
case where a ship does not comply with the requirements of these Regulations,
the ship shall be liable to be detained and Article 177 of the Shipping
(Jersey) Law 2002[3] (which relates to the detention of a ship) shall have effect in
relation to the ship, subject to the modification that as if for the words
‘this Law’ wherever they appear, there were substituted ‘the
Merchant Shipping (Distress Signals and Prevention of Collisions) Regulations 1996
of the United Kingdom as they apply to Jersey’.”.
2 Citation and commencement
(1) This
Order may be cited as the Shipping (Distress Signals and Prevention of
Collisions) (Jersey) Order 2004.
(2) It
shall come into force on the same day as the Shipping (Jersey) Law 2002.
M.N. DE LA HAYE
Greffier of the States.
THE TEXT OF THE MERCHANT
SHIPPING (DISTRESS SIGNALS AND PREVENTION OF COLLISIONS) REGULATIONS 1996,
AS IN FORCE IN THE UNITED KINGDOM AT THE DATE OF THIS ORDER, AS MODIFIED BY
THIS ORDER IS SET OUT BELOW FOR INFORMATION ONLY AND DOES NOT FORM PART OF THE
ORDER
Citation, commencement, interpretation and
revocation
1.-(1) These Regulations may be cited as the Merchant Shipping
(Distress Signals and Prevention of Collisions) Regulations 1996 *
* *.
(2) *
*
*
*
*
(3) In
these Regulations –
“the Hydrographer of the
Navy” means the person for the time being appointed to that office by the
Admiralty Board;
“the International
Regulations” means the International Regulations for Preventing
Collisions at Sea 1972 as amended by –
(a) Resolutions A464(XII), A626(15), A678(16)
and A736(18) of the Organisation; and
(b) any further Resolutions of the Organisation
which the Secretary of State notifies by Merchant Shipping Notice that he
considers relevant from time to time;
“Merchant Shipping Notice”
means a Notice described as such and issued by the Maritime and Coastguard
Agency;
“mile” means a
nautical mile of 1,852 metres;
“Notice to Mariners”
means an Admiralty Notice to Mariners published by the Hydrographer of the
Navy;
“the Organisation”
means the International Maritime Organization.
(4) *
*
*
*
*
(5) In the International Regulations –
“date of entry into force
of these Regulations” in Rule 38 (exemptions) means, in the case of a
vessel registered outside [Jersey], the date of entry into force of the
International Regulations for the State whose flag the vessel is entitled to
fly; “high speed craft” means a craft
capable of a maximum speed in metres per second (m/s) equal to or exceeding: 3.7
Ñ 0.1667 where Ñ = volume of displacement corresponding to the design waterline
(m3), excluding craft the hull of which is supported clear above the water
surface in non displacement mode by aerodynamic forces generated by ground
effect.
(6) The diagram mentioned in paragraph 7 of
Annex 1 to the International Regulations is the diagram specified in the
Chromaticity Chart (1975) published by the International Illumination
Commission (CIE).
(7) The reference to the International Code of
Signals in paragraph 3 of Annex IV to the International Regulations is a
reference to the International Code of Signals (1985) published by the
Organisation, and the reference to the Merchant Ship Search and Rescue Manual
in that paragraph is a reference to the manual of that name published in 1986
by the Organisation; and such references include reference to any document
amending either of those publications which is considered by the Secretary of
State to be relevant from time to time and is specified in a Merchant Shipping
Notice.
(8) *
*
*
*
*
Application
2.-[(1) These Regulations apply to the following vessels –
(a) Jersey ships wherever they may be, and other
ships while within Jersey territorial waters; and
(b) seaplanes on the surface of water in Jersey
or the territorial waters thereof.]
(2) In this regulation “ships”
include hovercraft.
Signals of distress
3.-(1) The signals of distress which shall be used by vessels to
which regulation 2(1)(a) of these Regulations apply are those set out in
Annex IV to the International Regulations.
(2) No signal of distress shall be used by any
vessel unless the master of the vessel so orders.
(3) The master shall not order any signal of
distress to be used by his vessel unless he is satisfied –
(a) that his vessel is in serious and imminent
danger, or that another ship or an aircraft or person is in serious and
imminent danger and cannot send that signal; and
(b) that the vessel in danger (whether his own
vessel or another vessel) or the aircraft or person in danger, as the case may
be, requires immediate assistance in addition to any assistance then available.
(4) The master of a vessel which has sent any
signal of distress by means of radio or other means shall cause that signal to
be revoked by all appropriate means as soon as he is satisfied that the vessel
or aircraft to which or the person to whom the signal relates is no longer in
need of assistance as aforesaid.
Prevention of collision
4.-(1) Subject to paragraph (2)
below, vessels to which these Regulations apply shall comply with the
provisions of Rules 1 to 36 of and Annexes I to III to the International
Regulations.
(2) Nothing in these Regulations shall be taken
to require compliance by any vessel or class of vessels, which by virtue of
Rule 38 of the International Regulations may be exempted from compliance
therewith, with any of the provisions of the said Regulations specified in paragraphs (a)
to (h) inclusive of that Rule, at any time when, by virtue of that Rule, that
vessel or class of vessels may be exempted from that provision.
Exemptions
5. The [Harbour Master] may exempt any ship or description of ships from
all or any of the provisions of these Regulations which relate to the number,
position, range or arc of visibility of lights or shapes, as well as to the
disposition and characteristics of sound-signalling appliances if he is
satisfied that compliance with such provision is either impractical or
unreasonable in the case of that ship or description of ships in such terms (if
any) as he may specify and may, subject to giving reasonable notice, alter or
cancel any such exemption.
Penalties
6.-[(1) Where any of these Regulations is contravened, the owner of the vessel,
the master and any person for the time being responsible for the conduct of the
vessel shall each be guilty of an offence punishable by a fine.]
(2) It shall be a defence for any person charged
under these Regulations to show that he took all reasonable precautions to
avoid the commission of the offence.
Power to detain
[7. In
any case where a ship does not comply with the requirements of these Regulations,
the ship shall be liable to be detained and Article 177 of the Shipping
(Jersey) Law 2002 (which relates to the detention of a ship) shall
have effect in relation to the ship, subject to the modification that as if for
the words “this Law” wherever they appear, there were substituted “the
Merchant Shipping (Distress Signals and Prevention of Collisions)
Regulations 1996 of the United Kingdom as they apply to Jersey”.]
Signed by authority of the
Secretary of State for Transport
Steven Norris
Parliamentary Under-Secretary of
State, Department of Transport
16th January 1996