Shipping (Tonnage)
(Jersey) Regulations 2004
Made 27th April 2004
Coming into force in
accordance with Regulation 26(2)
THE STATES, in pursuance of Article 21 of the Shipping (Jersey) Law 2002,[1] have made the following
Regulations –
PART 1
PRELIMINARY
1 Interpretation
In these Regulations, unless the context otherwise
requires –
“Administration” means the Government of the state whose flag the ship is
flying;
“amidships”, in respect of a ship, means the mid-point of its length,
except in the case of a ship of less than 24 metres in length when it
means the mid-point of its length overall;
“authorized measurer” means a measurer appointed by an organisation authorized by
the Committee for the purpose;
“breadth”,
in respect of a ship, means its maximum breadth, measured amidships to the
moulded line of its frame in a ship with a metal shell and to the outer surface
of its hull in a ship with a shell of any other material;
“break”,
in respect of a ship, means the space bounded longitudinally by a side to side
upward step in the lowest line of the upper deck of the ship and another such
step or the end of the ship, transversely by the sides of the ship and
vertically by the higher part of the deck and the lowest line of the upper deck
of the ship continued parallel thereto;
“cargo spaces”, in respect of a ship, means enclosed spaces in it that are
appropriated for the transport of cargo to be discharged from the ship;
“Certifying Authority” means the Committee or a person authorized by the Committee
for the purposes of these Regulations;
“Contracting Government” means the Government of a country that has accepted the
Convention;
“Convention” means the International Convention on Tonnage Measurement of
Ships, 1969;
“enclosed spaces”, in respect of a ship, means all those spaces in the ship,
other than excluded spaces, that are bounded by the ship’s hull, by fixed
or portable partitions or bulkheads or by decks or coverings other than
permanent or moveable awnings but –
(a) a
break in a deck; or
(b) an opening
in the ship’s hull, in a deck or in a covering of a space, or in the
partitions or bulkheads of a space; or
(c) the
absence of a partition or bulkhead,
does not preclude a space from being included as an enclosed space;
“excluded spaces”, for the purposes of the definition of enclosed spaces,
means, subject to sub-paragraph (f), any of the spaces specified in sub-paragraphs (a)
to (e) –
(a) that
part of an enclosed space within an erection opposite an end opening and
extending from the opening to an athwartship line at a fore and aft distance
from the opening equal to half the breadth of the deck at the line of the
opening – such end opening having a breadth equal to or greater than
90 per cent of the breadth of the deck at the line of the opening and
extending from deck to deck or to a curtain plate of a depth not exceeding by
more than 25 millimetres the depth of the adjacent deck beams, as
specified in Figure 1 of Schedule 1: provided that –
(i) where at any
point the width of the enclosed space, because of any arrangement except
convergence of the outside plating, as specified in Figure 3 of Schedule 1,
becomes less than 90 per cent of the breadth of the deck at the line
of the opening, the excluded space shall extend only to an athwartship line
intersecting that point, as specified in Figures 2 and 4 of Schedule 1,
(ii) where the
opposite ends of two enclosed spaces are separated by a gap, that is completely
open except for bulwarks or open rails and of fore and aft length less than
half the least breadth of the deck at the gap, then no part of the enclosed
spaces shall be excluded, as specified in Figures 5 and 6 of Schedule 1;
(b) a
space under an overhead deck covering open to the sea and weather having no
other connection on the exposed sides with the body of the ship than the
stanchions necessary for its support - in such a space, open rails or a bulwark
and curtain plate may be fitted or stanchions fitted at the ship’s side,
provided that the distance between the top of the rails or the bulwark and the
curtain plate is not less than 0.75 metres or one-third of the height of
the space, whichever is the greater, as specified in Figure 7 of Schedule 1;
(c) a
space in a side-to-side erection between opposite side openings not less in
height than 0.75 metres or one-third of the height of the erection
whichever is the greater – if the opening in such an erection is
provided on one side only, the space to be excluded from the volume of enclosed
spaces shall be limited inboard from the opening to a maximum of one half of
the breadth of the deck in way of the opening, as specified in Figure 8 of
Schedule 1;
(d) a
space in an erection immediately below an uncovered opening in the deck
overhead, provided that such an opening is exposed to the weather and the space
excluded from enclosed spaces is limited to the area of the opening, as
specified in Figure 9 of Schedule 1;
(e) a
recess in the boundary bulkhead of an erection that is exposed to the weather
and the opening of which extends from deck to deck without means of closing,
provided that the interior width is not greater than the width at the entrance
and its extension into the erection is not greater than twice the width of its
entrance, as specified in Figure 10 of Schedule 1;
(f) notwithstanding
the provisions of subparagraphs (a) to (e) inclusive, any space
listed in those subparagraphs that fulfills at least one of the following
conditions shall be treated as an enclosed space –
(i) the space is
fitted with shelves or other means for securing cargo or stores,
(ii) the openings are
fitted with a means of closure,
(iii) the construction
provides a possibility of the openings being closed;
“fixed permanent structure”, in respect of a ship, includes any portion of its hull that
is capable of being detached if it is fixed in place during the normal
operation of the ship but does not include a functional arrangement such as a
safety rail, a bowsprit, a pulpit, a stemhead fitting, a rudder, steering gear,
an outdrive, an outboard motor, propulsion machinery, a diving platform, a
boarding platform, a rubbing strip or a fender, unless the functional
arrangement is designed to replace a part of the hull that has been removed;
“immediate family”, in relation to an individual, means the husband or wife of
the individual and a relative of the individual or the individual's husband or wife;
“Law”
means the Shipping (Jersey) Law 2002;[2]
“length”,
in respect of a ship, means the greater of the following –
(a) the
distance between the fore side of its stem and the axis of its rudder stock; or
(b) 96 per cent
of the distance between the fore side of its stem and the aft side of its
stern,
the points and measurements being taken respectively at and along a
waterline at 85 per cent of the least moulded depth of the ship - in
the case of a ship having a rake of keel the waterline being taken to be
parallel to the designed waterline;
“length overall”, in respect of a ship, means the distance between the
foreside of the foremost fixed permanent structure of the ship and the
afterside of its aftermost permanent structure;
“load line provisions” means –
(a) the
provisions of the Shipping (Load Line) Regulations 200-;[3] or
(b) in
relation to a ship not registered in Jersey, any corresponding provisions of
the country in which the ship is registered;
“moulded depth”, in respect of a ship, or in the case of a ship of less than
24 metres “depth”, means the vertical distance measured from
the top of the keel of a metal ship, or in wood and composite ships from the
lower edge of its keel rabbet, to the underside of its upper deck at side, or,
in the case of a ship that is not fully decked, to the top of its upper strake
or gunwale, provided that –
(a) if
the form at the lower part of the midship section is of a hollow character, or
if thick garboards are fitted, the distance is measured from the point where
the line of the flat of the bottom continued inwards cuts the side of the keel;
(b) in
the case of a glass reinforced plastic ship where no keel member is fitted and
the keel is of open trough construction, the distance is measured from the top
of the keel filling, if any, or the level at which the inside breadth of the
trough is 100 millimetres, whichever gives the lesser depth;
(c) in
ships having rounded gunwales, the distance is measured to the point of
intersection of the moulded lines of the deck and side shell plating, the lines
extending as though the gunwales were of angular design; and
(d) if
the upper deck is stepped and the raised part of the deck extends over the
point at which the moulded depth is measured, the distance is measured to a
line of reference extending from the lower part of the deck along a line
parallel with the raised part;
“moulded draught”, in respect of a ship, means –
(a) for
a ship assigned load lines in accordance with the load line provisions, the
draught corresponding to the Summer Load Line (other than timber load lines);
(b) for
a passenger ship, the draught corresponding to the deepest subdivision load
line that would be assigned to it if the Passenger Ship Construction Regulations
applied to it;
(c) for
a ship to which no load line has been assigned but the draught of which is
restricted by the Committee, its maximum permitted draught; and
(d) for
any other ship, 75 per cent of its moulded depth amidships;
“non-Jersey ship” means a ship which is not a Jersey ship within the meaning
of Article 2 of the Law;[4]
“oil tanker” means a ship constructed or adapted to carry oil in bulk in
its cargo spaces and includes a combination carrier, being a ship designed to
carry either oil or solid cargoes in bulk;
“passenger” means any person carried in a ship except –
(a) a
person employed or engaged in any capacity on board the ship on the business of
the ship;
(b) a
person on board the ship either in pursuance of the obligation laid upon the
master to carry shipwrecked, distressed or other persons or by reason of any
circumstances that neither the master nor the owner nor the charterer (if any)
could have prevented; and
(c) a
child under one year of age;
“Passenger Ship Construction Regulations” means the Merchant Shipping (Passenger Ship Construction:
Ships of Classes I, II and II(A)) Regulations 1998 of the United Kingdom
as for the time being amended or replaced and in force in the United kingdom;
“pleasure vessel” means –
(a) a
vessel which at the time it is being used –
(i) in the case of a
vessel wholly owned –
(A) by an
individual (or individuals), is being used only for the sport or pleasure of
the owner or immediate family or friends of the owner, or
(B) by
a body corporate, is being used only for sport or pleasure and on which the
persons are employees or officers of the body corporate, or their immediate
family or friends; and
(ii) is on a voyage or
excursion that is one for which the owner does not receive money for or in
connection with operating the vessel or carrying any person, other than as a
contribution to the direct expenses of the operation of the vessel incurred
during the voyage or excursion; or
(b) a
vessel wholly owned by or on behalf of a members' club formed for the purpose of
sport or pleasure that, at the time it is being used, is used only for the
sport or pleasure of members of that club or their immediate family; and for
the use of which any charges levied are paid into club funds and applied for
the general use of the club,
and where no other payment is made by or on behalf of users of the
vessel, other than by the owner;
“relative”
means brother, sister, ancestor or lineal descendant;
“similar stage of construction” means the stage at which –
(a) construction
identifiable with a specific ship begins; and
(b) assembly
of that ship has commenced comprising at least 50 tonnes or one per cent of the
estimated mass of all structural material whichever is the less;
“surveyor”
means a surveyor appointed by a Certifying Authority;
“upper deck”, in respect of a ship, means the uppermost complete deck
exposed to weather and sea, that has permanent means of weathertight closing of
all openings in the part exposed to weather, and below which all openings in
the sides of the ship are fitted with permanent means of watertight closing -
in a ship having a stepped upper deck, the lowest line of the exposed deck and
the continuation of that line parallel to the upper part of the deck is to be
taken as the upper deck;
“weathertight”, in respect of a ship, means that in any sea conditions
water will not penetrate into the ship.
PART 2
SHIPS OF 24 METRES IN LENGTH AND OVER
2 Application
This Part applies to a ship –
(a) that
is 24 metres in length or over;
(b) that
is registered or to be registered in Jersey under Part 3 of the Law;[5] and
(c) for
which the ascertainment of tonnage is required under Regulations made under Article 13
of the Law.[6]
3 Method
of measurement
(1) The
ship shall be measured by a surveyor.
(2) The
surveyor shall determine its gross and net tonnages in accordance with
Regulations 5 and 6.
(3) However
if the ship is a novel type of craft with constructional features that render
the application of the provisions of Regulations 5 and 6 unreasonable or
impracticable, the surveyor shall determine its gross and net tonnages in the
manner specified by the Committee.
(4) Measurements
used in the calculations of volumes shall be taken and expressed in metres to
the nearest one hundredth of a metre.
(5) Gross
and net tonnages shall be expressed as whole numbers, decimals being rounded
off downwards.
4 Calculation
of volumes
(1) All
volumes included in the calculation of gross and net tonnages shall be
measured, irrespective of the fitting of insulation or the like, to the inner
side of the shell or structural boundary plating in a ship constructed of
metal, and to the outer surface of the shell or to the inner side of the
structural boundary surfaces in a ship constructed of any other material.
(2) Volumes
of appendages shall be included in the total volume.
(3) Volumes
of spaces open to the sea shall be excluded from the total volume.
(4) The
method and accuracy of the calculations shall be sufficiently detailed to
facilitate checking.
5 Gross
tonnage
The gross tonnage (GT) of a ship shall be determined by the
following formula –
GT = K1V
where –
V = total volume of all enclosed spaces of the ship in
cubic metres; and
K1 = 0.2 + 0.02 log10V, as specified
in Schedule 2.
6 Net
tonnage
(1) Subject
to paragraph (2), the net tonnage (NT) of a ship shall be determined by
the following formula –
where –
Vc = total volume of cargo spaces in cubic
metres;
K2 = 0.2 + 0.02 log10Vc,
as specified in Schedule 2;
K3 = 1.25
GT = gross tonnage calculated in accordance with
regulation 5;
D = moulded depth amidships in metres;
d = moulded draught amidships in metres;
N1 = number of berths for passengers in cabins
with not more than 8 berths; and
N2 = number of other passengers who may be
accommodated on the ship.
(2) The
formula in paragraph (1) shall be calculated on the basis
that –
(a) the
factor –
(
)2 shall not be taken as greater than unity;
(b) the
term –
K2Vc()2
shall not be taken as less than 0.25 GT;
(c) N1
and N2 shall be taken as zero when N1 + N2 is
less than 13; and
(d) NT
shall not be taken as less than 0.30 GT.
7 Segregated
ballast oil tankers
(1) If
segregated ballast tanks complying with Regulation 13 of Annex 1 of
the International Convention for the Prevention of Pollution from Ships 1973,
as modified by the Protocol of 1978 relating to that Convention, are provided
in an oil tanker, an entry may be made on its International Tonnage Certificate
(1969) indicating the total tonnage of the tanks.
(2) The
tonnage of the tanks shall be calculated according to the following
formula –
K1 × Vb
where –
K1 = 0.2 + 0.02 log10V, as specified
in Schedule 2;
V = the total volume of all enclosed spaces of the ship in
cubic metres; and
Vb = the total volume of the segregated ballast
tanks in cubic metres measured in accordance with regulation 4.
8 Issue
of certificates
(1) If,
in respect of a ship, the Certifying Authority is satisfied that it is in order
to do so, it shall issue to the owner of the ship an International Tonnage
Certificate (1969) in the form set out in the Convention that certifies the
tonnages of the ship and contains the other particulars to be shown on the
form.
(2) In
particular the official number of the ship shall be included as a distinctive number.
9 Alteration
or change in ship
(1) This
Regulation applies where an alteration is made in –
(a) the
arrangement of the ship;
(b) the
construction of the ship;
(c) the
capacity of the ship;
(d) the
use of spaces in the ship;
(e) the
total number of passengers the ship is permitted to carry under the terms of its
passenger certificate;
(f) the
ship’s assigned load line or permitted draught,
that would cause an increase in the gross or net tonnage of the
ship.
(2) Where
this Regulation applies –
(a) any
International Tonnage Certificate (1969) issued in respect of the ship ceases
to be valid and must be delivered to the Certifying Authority for cancellation;
and
(b) the
owner of the ship must apply for it to be remeasured in accordance with
Regulation 3.
10 Transfer
from Jersey registry
(1) This
Regulation apples where a ship is transferred from the Jersey Register.
(2) Where
this Regulation applies any International Tonnage Certificate (1969) issued in
respect of the ship ceases to be valid.
(3) However
if the transfer is to the Administration of a state that is a Contracting
Government the certificate does not cease to be valid until the end of 3 months
after the transfer or until the new Administration issues another International
Tonnage Certificate (1969), being whichever happens first.
(4) Where
paragraph (2) applies the Certifying Authority shall, as soon as
practicable after the transfer, transmit to the Administration of the
Contracting Government –
(a) a
copy of the certificate carried by the ship at the time of the transfer; and
(b) a
copy of the relevant tonnage calculations.
11 Change
of net tonnage necessitating issue of certificate
(1) The
Certifying Authority shall issue a new International Tonnage Certificate (1969)
in respect of a ship if an alteration in the value of V, Vc, d, N1
or N2 (as defined in regulations 5 and 6) results in an increase in
the net tonnage of the ship.
(2) The
new Certificate shall incorporate the increased net tonnage.
(3) If
the draught corresponding to the Summer load line differs from that
corresponding to the deepest subdivision load line the net tonnage shall,
subject to paragraph (4), be that determined in accordance with Regulation 6
by applying the draught corresponding to the appropriate assigned load line for
the trade in which the ship is engaged.
(4) Subject
to paragraph (5), if an alteration in the value of V, Vc, d, N1
or N2 (as defined in regulations 5 and 6) or a change in the
position of the load lines result in a decrease in the net tonnage, the certifying
Authority shall not issue a new International Tonnage Certificate (1969)
incorporating the decreased net tonnage until 12 months have elapsed from
the date on which the current certificate was issued.
(5) The
certifying Authority may issue a new International Tonnage Certificate (1969)
forthwith if –
(a) a
ship that was registered outside Jersey is re-registered in Jersey;
(b) a
ship undergoes an alteration or modification of a major character, such as the
removal of a superstructure, that requires an alteration of the assigned load
line; or
(c) the
ship is a passenger ship employed in special trade for the carriage of a large
number of special trade passengers, such as the pilgrim trade.
PART 3
FISHING VESSELS - 15 TO 24 METRES
12 Application
and interpretation
This Part applies to a fishing vessel –
(a) that
is 15 metres or more in length overall but less than 24 metres in
length;
(b) that
is registered or to be registered under Part 3 of the Law;[7] and
(c) for
which the ascertainment of tonnage is required under Regulations made under Article 13
of the Law.[8]
13 Measurement
to be made by authorized measurer
The vessel shall be measured by a surveyor or by an authorized
measurer.
14 Application
of certain provisions of Part 2
Regulation 3(2), (3), (4) and (5) and regulations 4, 5 and 6
apply for the measurement of the tonnages of the vessel in the same way as they
apply for the measurement of the tonnages of a vessel to which Part 2
applies.
15 Certificate
to be issued
The surveyor or authorized measurer shall, if it is in order to do
so, issue a certificate in a form approved for the purpose by the Committee.
16 Alterations
to vessel
If alterations are made in the arrangement, construction, capacity,
use of spaces, or permitted draught of the vessel such as would cause an
increase in its tonnage –
(a) the
existing measurement of the vessel shall cease to be valid; and
(b) its
owner shall deliver the certificate issued in respect of the vessel to the
issuer and make an application for the vessel to be remeasured in accordance
with Regulation 12.
PART 4
SHIPS LESS THAN 24 METRES IN LENGTH AND
FISHING VESSELS LESS THAN 15 METRES IN LENGTH
17 Application
This Part shall apply to a ship –
(a) that –
(i) not
being a fishing vessel, is less than 24 metres in length, or
(ii) being
a fishing vessel, is less than 15 metres in length;
(b) that
is registered or to be registered under Part 3 of the Law;[9] and
(c) for
which the ascertainment of tonnage is required under Regulations made under Article 21
of the Law.[10]
18 Who
to make measurement
The ship shall be measured by a surveyor or by an authorized
measurer.
19 Measurement
The tonnage of the ship shall be the sum of –
(a) the
product of multiplying together its length, breadth and depth in metres and
multiplying the resultant figure by 0.16; and
(b) the
tonnage of any break or breaks, calculated for each break by multiplying
together its mean length, mean breadth and mean height in metres and
multiplying the resultant figure by 0.35.
20 Measurement
- non fishing vessels
(1) When
Regulation 19 is applied to a ship that is not a fishing
vessel –
(a) the
length of the ship means its length overall;
(b) the
breadth of the ship means its extreme breadth over the outside plating,
planking or hull, no account being taken of rubbers or fenders even if they are
moulded so as to be integral with the hull;
(c) the
depth of the ship means its depth measured vertically at the midpoint of its
length overall.
(2) For
the purpose of paragraph (1)(c) –
(a) the
upper terminal point for depth shall be –
(i) in the case of a
decked ship, the underside of the deck on the middle line or, if there is no deck
on the middle line at the point of measurement, the underside of the deck at
the side of the ship plus the full deck camber,
(ii) in the case of an
open ship, the top of the upper strake or gunwale;
(b) the
lower terminal point of depth shall be –
(i) in the case of a
wooden ship, the upper side of the plank at the side of the keel or hog,
(ii) in the case of a
metal ship, the top of the plating at the side of the keel,
(iii) in the case of a glass
reinforced plastic ship, the inside of the hull - where no keel member is
fitted and the keel is of open trough construction, the lower terminal point
for depth shall be the top of the keel filling, if fitted, or the level at
which the inside breadth of the trough is 10 centimetres, whichever gives
the greater depth; and
(c) where
a break exists in the way of the point of measurement for depth, the height of
the break shall not be included in the measurement of depth.
21 Measurement
- fishing vessels
(1) When
Regulation 19 is applied to a ship that is a fishing vessel –
(a) the
length of the ship means its length measured from the foreside of its foremost
fixed permanent structure to –
(i) the aftermost
part of its rudder post,
(ii) if the vessel has
no rudder post, the foreside of its rudder stock at the point where the rudder
post passes out of the hull, or
(iii) if the vessel has no
rudder post or rudder stock, to the aftermost part of its stern or transom;
(b) the
breadth of the ship means its extreme breadth over the outside plating,
planking or hull, no account being taken of rubbers or fenders even if they are
moulded so as to be integral with the hull;
(c) the
depth of the ship means its depth measured vertically amidship.
(2) For
the purpose of paragraph (1)(c) the measurement shall be taken, subject to
paragraph (3) –
(a) from
the underside of the upperdeck on the centre line to –
(i) the upperside of
the double bottom plating or to the normal line of the open floors or timbers,
as the case may be, or
(ii) if the ship has
no frames or timbers fitted, the inside of the hull on the centre line; or
(b) in
the case of an open ship, from the upper edge of the shell or the upper strake
of planking or plating to the upper side of the bottom frames or timbers on the
centre line.
(3) If
a break exists in the way of the measurement for depth, the height of the break
shall not be included in the measurement of depth.
(4) If ceiling
or insulation is fitted on the tank top its thickness up to a maximum of 8 cm
shall be deducted from the measurement obtained by the application of paragraphs (2)
and, if applicable, (3).
22 Measurement
-general
(1) The
tonnage determined in accordance with Regulation 19 shall be the gross
tonnage and net tonnage.
(2) In
the case of a multi-hull ship the tonnage of each hull shall be measured
separately and the sum of such tonnages shall be used in computing the tonnage
referred to in paragraph (1).
(3) All
measurements used in the calculations of volumes shall be taken and expressed
in metres to the nearest one hundredth of a metre.
(4) Tonnage
shall be expressed to two decimal places, the second decimal place being
increased by one if the third decimal place is 5 or more.
(5) On
completion of the measurement the surveyor or measurer, as the case may be,
shall forward to the Committee a Certificate of Measurement in a form approved
by the Committee.
23 Alteration
or change in ship
(1) This
Regulation applies where an alteration is made in –
(a) the
arrangement of the ship;
(b) the
construction of the ship;
(c) the
capacity of the ship;
(d) the
use of spaces in the ship;
(e) the
total number of passengers the ship is permitted to carry under the terms of its
passenger certificate;
(f) the
ship’s assigned load line or permitted draught,
that would cause an increase in the gross or net tonnage of the
ship.
(2) Where
this Regulation applies –
(a) any
tonnage certificate issued in respect of the ship cease to be valid and must be
delivered to the Certifying Authority for cancellation; and
(b) the
owner of the ship must apply for it to be remeasured in accordance with
Regulation 3.
PART 5
NON-JERSEY SHIPS
24 Ascertainment
of tonnage and certification
(1) The
Committee may, at the request of the Administration of a Contracting Government,
ascertain the gross and net tonnages of a non-Jersey ship in accordance with
Part 2 and issue to the owner an International Tonnage Certificate (1969).
(2) The
Committee shall endorse any certificate it issues in accordance with paragraph (1)
to the effect that it has been issued at the request of the Government of the
state whose flag the ship is or will be flying, and shall transmit a copy of
the certificate and the calculations of the tonnages to the requesting
Government as soon as practicable.
(3) The
Certifying Authority may, at the request of an owner of a non-Jersey ship
flying the flag of a State whose Government is not a Contracting Government,
ascertain the gross and net tonnages of the ship in accordance with Part 2
and issue a Certificate of Jersey Tonnage measurement.
(4) The
Certifying Authority shall endorse any certificate it issues in accordance with
paragraph (3) “for use only whilst within Jersey waters”.
PART 6
PENALTIES
25 Penalties
An owner or a master who fails without reasonable cause to deliver
up a certificate for cancellation as required by regulations 9(2)(a), 16(b)
or 23(2)(b) shall be guilty of an offence punishable on summary conviction
by a fine not exceeding level 3 on the standard scale.[11]
26 Citation
and commencement
(1) These
Regulations may be cited as the Shipping (Tonnage) (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.