Shipping (Safety of
Navigation) (Jersey) Order 2009
Made 2nd April 2009
Coming into force 1st
July 2009
THE MINISTER FOR ECONOMIC DEVELOPMENT, in pursuance of Articles 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 Interpretation
(1) In this Order, unless the context otherwise
requires –
“Contracting Government” means the
Government of a State that has agreed to be bound by the SOLAS Convention;
“IMO” means the International Maritime
Organization;
“international voyage” means –
(a) a voyage from a country to which the SOLAS
Convention applies to a port outside that country; or
(b) a voyage to a country to which the SOLAS
Convention applies from a port outside that country;
“Jersey ship” has the same meaning as it has
in Article 49(3) of the Law;
“Law” means the Shipping (Jersey) Law 2002[3];
“passenger”, in respect of a passenger ship,
means a person who is not –
(a) the master, a member of the crew or any
other person employed or engaged in any capacity on board the ship on the
business of the ship;
(b) a child under one year of age; or
(c) a person who is on board the ship by reason
of force majeure or in consequence of the obligation of the master to carry
shipwrecked or other persons;
“passenger ship” means a ship that carries
more than 12 passengers;
“pleasure vessel” means a ship that is
described in Schedule 1;
“ship” has the same meaning as it has in Article
49(3A) of the Law;
“SOLAS Convention” means the International
Convention for the Safety of Life at Sea, 1974, as amended in accordance with
–
(a) its Protocol of 1988; and
(b) all other amendments adopted by the Maritime
Safety Committee of the IMO before the making of this Order;
“SOLAS regulation” means a regulation in
Chapter V of the SOLAS Convention.
(2) The provisions set out in Schedule 2 apply
in the construction of Chapter V of the SOLAS Convention for the purposes of this
Order.
2 Ships
to which this Order applies
(1) This Order applies to all Jersey ships,
whether they are within the outer limits of Jersey waters or elsewhere.
(2) This Order also applies to all other ships
while they are within the outer limits of Jersey waters.
(3) However, this Article is subject to Article
3.
3 Ships
to which this Order does not apply
This Order does not apply to
any of the following ships –
(a) a warship or naval auxiliary;
(b) a ship that is owned and operated by a Contracting
Government and is used only on government non-commercial business; or
(c) a Jersey ship that navigates solely in the
Great Lakes of North America, that is to say, within the area covered by those
lakes and their connecting and tributary waters as far east as the lower exit
of the St. Lambert Lock at Montreal in the Province of Quebec in Canada.
4 Compliance
with Chapter V of the SOLAS Convention
(1) A ship to which this Order applies must be
constructed, manned and operated in accordance with Chapter V of the SOLAS
Convention.
(2) A ship
to which this Order applies must also comply with such of the requirements
described in paragraph (4) that –
(a) apply
in relation to a ship of its description; and
(b) are additional
to the requirements to which paragraph (1) refers.
(3) A ship
to which this Order applies may, instead of complying with a requirement to
which either of paragraphs (1) and (2) refers, comply with a requirement
described in paragraph (4) that –
(a) applies
in relation to a ship of its description; and
(b) is an
alternative requirement to one to which either of paragraphs (1) and (2)
refers.
(4) This Article
refers to a requirement –
(a) that,
after this Order comes into force, is imposed by way of an amendment to the
SOLAS Convention (either as an additional requirement to an existing
requirement of Chapter V of the SOLAS Convention or as a permitted alternative
to an existing requirement of that Chapter) in relation to a ship of the
description concerned; and
(b) that is published by the Registrar in such a way as the
Registrar considers will best bring the requirement to the attention of those
required to comply with the requirement.
(5) This Article is subject to Article 5.
5 Ships
to which particular provisions of the SOLAS Convention do not apply
(1) A ship of a category described in Column 2
of Schedule 3 need not comply with the provisions of the SOLAS Convention
specified in Column 3 of that Schedule in respect of ships of that category.
(2) A provision in any of SOLAS regulations 24,
25 and 26 does not apply to the use of an automatic pilot to the extent that
the provision is inconsistent with a rule that is made by a person or body
empowered by law to make special rules for –
(a) a roadstead;
(b) a harbour;
(c) a river that is connected with the high seas
and is navigable by seagoing ships; or
(d) an inland waterway that is connected with
the high seas and is navigable by seagoing ships.
(3) A high-speed vessel need not comply with
SOLAS regulations 18, 19 and 20 so long as it complies with any High Speed
Craft (HSC) Code authorized by the IMO that is applicable to the vessel.
6 Approvals
(1) Where a
SOLAS regulation refers to –
(a) anything
requiring the approval of the Administration;
(b) anything
that is required to be done to the satisfaction of the Administration; or
(c) anything
that is required to be acceptable to the Administration,
the
Minister, or a person or body authorized by the Minister, may grant an approval
for that thing in respect of a Jersey ship in accordance with the provisions of
Chapter V of the SOLAS Convention.
(2) The Minister, or a
person or body authorized by the Minister under paragraph (1), may on giving
reasonable notice cancel or alter the terms of any approval given under this Article
by the Minister or the authorized person or body respectively.
(3) An
approval given under paragraph (1), or an alteration or cancellation under
paragraph (2) –
(a) must
be in writing;
(b) must
specify the date on which it takes effect; and
(c) in
the case of an approval, must specify the conditions (if any) on which it is
given.
7 Exemptions
(1) An
exemption or equivalent to which SOLAS regulation 3 refers may be granted by
the Minister, or a person or body authorized by the Minister.
(2) An
exemption or equivalent granted under SOLAS regulation 3 –
(a) must
be in writing; and
(b) must
specify the date on which it takes effect.
(3) A
ship –
(a) to
which Article 2(2) applies; and
(b) that
possesses an exemption or equivalent granted by another Administration under
SOLAS Regulation 3,
shall retain the benefit of the exemption or
equivalent unless the Minister, by notice to the owner or operator of the ship,
directs otherwise.
8 Offence
Schedule 4 has effect in
respect of offences and penalties.
9 Statutory defences
(1) It is a defence to any charge under this
Order to prove that the person charged took all reasonable steps to avoid the
commission of the offence.
(2) It is a defence to a charge of contravening
paragraph 3 of Schedule 4 to prove –
(a) that there were compelling reasons not to
use a particular mandatory ships’ routing system; and
(b) that such reasons were recorded in the
ship’s log-book at the time.
10 Powers of detention
(1) In any case where a
ship does not comply with the requirements of this Order, the ship may be
detained.
(2) If
a ship has become liable under paragraph (1) to be detained, Article 177
of the Law shall have effect in
relation to that ship.
11 Order to be
additional to other requirements
The requirements of this
Order are in addition to those of any other enactments and rules of law, and do
not derogate from them.
12 Citation and
commencement
(1) This Order may be cited as the Shipping
(Safety of Navigation) (Jersey) Order 2009.
(2) It comes into force on 1st July 2009.
SENATOR A.J.H. MACLEAN
Minister for Economic
Development
SCHEDULE 1
(Article 1(1))
SHIPS THAT ARE PLEASURE VESSELS
1. A
ship that –
(a) is
wholly owned by an individual or individuals;
(b) is
used only for the sport or pleasure of the owner or immediate family or friends
of the owner; and
(c) is
on a voyage, or excursion, for which the owner does not receive money for or in
connection with the operating of the ship or the carrying of any person, other
than as a contribution to the direct expenses of the operation of the ship that
are incurred during the voyage or excursion,
where no other payment is made by or on behalf of users of the ship
by a person who is not the owner.
2. A
ship that –
(a) is
owned by a body corporate;
(b) is
used only for the sport or pleasure of employees or officers of the body
corporate, or their immediate families or friends; and
(c) is
on a voyage, or excursion, for which the owner does not receive money for or in
connection with the operating of the ship or the carrying of any person, other
than as a contribution to the direct expenses of the operation of the ship
incurred during the voyage or excursion,
where no other payment is made by or on behalf of users of the ship
by a person who is not the owner.
3. A
ship that –
(a) is
wholly owned by or on behalf of a members’ club formed for the purpose of
sport or pleasure; and
(b) at
the time when it is being used, is used only for the sport or pleasure of
members of that club or their immediate families,
where any charges levied for the use of the ship are paid into club
funds and applied for the general use of the club, and no other payment is made
by or on behalf of users of the ship by a person who is not the owner.
SCHEDULE 2
(Article 1(2))
CONSTRUCTION OF CHAPTER V OF THE SOLAS
CONVENTION
1 References
to Administration
In Chapter V of the SOLAS Convention, references to the
Administration shall be construed as references to the Minister.
2 Other
references
For the purposes of paragraph 7 of SOLAS regulation 11 –
(a) “adopted
ship reporting system” means any ship reporting system that has been
established by a Government or Governments after it has been adopted by the IMO
as complying with all the requirements of SOLAS regulation 11, and which is set
out in Volume 6 of the Admiralty List of Radio Signals and annotated therein as
"Mandatory System under SOLAS Regulation V/11-1”;
(b) the
“appropriate authority” means the authority specified in the
adopted ship reporting system.
3 Responsible
officer
For the purposes of paragraph 3 of SOLAS regulation 24, the
responsible officer shall be the officer in charge of the navigational watch
or, if there is no such officer, the master.
4 Recording
paragraph 6 of SOLAS regulation 26 details
For the purposes of paragraph 6 of SOLAS regulation 26, the details
specified in that paragraph must be recorded in the ship’s official log
book, unless they are recorded elsewhere as a part of a Safety Management
System. In the latter case, an entry in the official log book must state where
the information is recorded.
5 Compliance
with paragraph 1 and 4 of SOLAS regulation 31 requirements
(1) For
the purposes of paragraph 1 of SOLAS regulation 31, the competent authorities
are the appropriate National or NAVAREA Coordinators for navigational warnings.
(Details of NAVAREAs are given in Vol.1 of the Admiralty list of Radio Signals
(ALRS) and reports may be sent via the most appropriate coast radio station.)
(2) For
the purposes of paragraph 4 of SOLAS regulation 31, the Radio Regulations with
which ships are required to comply are the Radio Regulations annexed to, or
regarded as being annexed to, the International Telecommunication Convention
1992; including all amendments now in force and any amendment or replacement
that the Registrar considers to be relevant, as specified in a notice published
by Registrar in a manner likely to bring it to the attention of those affected
by it.
6 Compliance
with paragraph 1 of SOLAS regulation 33 requirements
(1) For
the purposes of paragraph 1 of SOLAS regulation 33, the search and rescue
service that the master must inform (in either instance to which it refers) is
the search and rescue service for the area within which the persons in distress
at sea are located.
(2) Compliance
by a master of a ship with the requirements of SOLAS regulation 33 does not
affect his or her right, or the right of any other person, to salvage.
SCHEDULE 3
(Article 5)
SHIPS to which particular provisions of THE
solas convention do not apply
|
Column 1
|
Column 2
|
Column 3
|
|
|
Category of ship
|
Provisions of Chapter V of the SOLAS
Convention that do not apply
|
|
1
|
A ship of less than 150 gross tons (other than a fishing vessel)
|
SOLAS regulations 15, 16, 18,
20, 21, 22, 24, 25 and 26 and SOLAS regulation 19, paragraph 2.1.6
|
|
2
|
A fishing vessel of less than 150 gross tons
|
SOLAS regulations 15, 16, 18,
20, 21 and 22 and SOLAS regulation 19, paragraph 2.1.6
|
|
3
|
A ship of less than 500 gross tons that is not engaged on an
international voyage
|
SOLAS regulations 15, 16, 18, 20
and 21
|
|
4
|
A fishing vessel of less than 150 gross tons that is engaged only
within the inter-tidal zone of the Island of Jersey
|
SOLAS regulation 19
|
|
5
|
A ship –
(a) of
less than 150 gross tons that is a pleasure vessel and where the distance
between the foreside of the foremost fixed permanent structure of the ship
and the afterside of its aftermost permanent structure is less than 7 metres;
or
(b) of
any length that is licensed under the Boat and Surf-riding (Control) (Jersey)
Regulations 1969[4] or any subsequent replacement legislation to similar effect
|
SOLAS regulation 19 (other than
paragraph 2.1.7) and regulation 27
|
|
6
|
A passenger ship of less than
150 gross tons that is not engaged on a voyage that
may take the ship more than 3 miles seaward of the baselines from which the
breadth of the territorial waters of the island of Jersey is measured
|
SOLAS regulation 19, paragraph
2.4
|
SCHEDULE 4
(Article 8)
OFFENCES AND PENALTIES
1. In
this Schedule, “owner”, in respect of a ship, includes a person or
organization (including a manager or bareboat charterer) who has assumed
responsibility for the operation of the ship from the owner.
2. If
a ship to which paragraph 3 of SOLAS regulation 7 applies proceeds or attempts to proceed on a voyage or excursion without complying with the
requirement in that paragraph to carry on board a plan, the owner of the ship is
guilty of an offence and is liable to imprisonment for a term of 2 years and a
fine.
3. If paragraph 7 of SOLAS regulation
10 is contravened in respect of a ship, its owner and its master and any other
person who is for the time being responsible for the conduct of the ship is
each guilty of an offence and is each liable to imprisonment for a term of 2
years and a fine.
4. If paragraph 7 of SOLAS
regulation 11 is contravened in respect of a ship, its master is guilty of an
offence and is liable to imprisonment for a term of 2 years and a fine.
5. If paragraph 2 or paragraph 3 of
SOLAS regulation 17 is contravened in respect of a ship, its owner and its
master is each guilty of an offence and is each liable to imprisonment for a
term of 2 years and a fine.
6. If a ship to which SOLAS regulation 19 or paragraph 1 of SOLAS
regulation 20 applies proceeds or attempts to proceed on a voyage or excursion
without complying with a requirement in –
(a) SOLAS regulation 19, or paragraph 1 of SOLAS
regulation 20, respectively; or
(b) any of paragraphs 1, 2, 3, 7 and 8 of SOLAS regulation
18,
its owner and its master is each
guilty of an offence and is each liable to imprisonment for 2 years and a fine.
7 Subject
to paragraphs 4.1 and 4.2 of SOLAS regulation 19-1, if a ship to which SOLAS
regulation 19-1 applies proceeds or attempts to proceed on a voyage or
excursion without complying with a requirement in SOLAS regulation 19-1
paragraphs 5, 6 or 7 its owner and its master is each guilty of an offence and is
each liable to imprisonment for 2 years and a fine.
8. If a ship to which SOLAS regulation 21 applies proceeds or attempts to
proceed on a voyage or excursion without complying with a requirement in that
regulation, its owner and its master is each guilty of an offence and is each liable
to a fine not exceeding level 4 on the standard scale.
9. If a ship to which paragraph 1
or paragraph 2 of SOLAS regulation 22 applies proceeds or attempts to proceed
on a voyage or excursion without complying with that paragraph, its owner and its
master is each guilty of an offence and is each liable to a fine not exceeding
level 4 on the standard scale.
10. A person who contravenes a requirement in SOLAS
regulation 23 with which the person is obliged to ensure compliance in respect
of a ship is guilty of an offence and is liable to imprisonment for 2 years and
a fine.
11. A person who, having been
directed –
(a) under paragraph 4 of SOLAS regulation 24; or
(b) under either of paragraphs 1 and 2 of SOLAS
regulation 26,
to carry out a check or test
required under that paragraph, fails to do so is guilty of an offence and is liable
to imprisonment for 2 years and a fine.
12. If the requirement in paragraph 3.1 of SOLAS
regulation 26 is contravened in respect of a ship, its owner is guilty of an
offence and is liable to imprisonment for 2 years and a fine.
13. If a requirement in any of SOLAS regulations
24, 25 and 26 (other than a requirement to which paragraph 11 of this Schedule
refers) is contravened in respect of a ship, its master is guilty of an offence
and is liable to imprisonment for 2 years and a fine.
14. If a ship to which SOLAS regulation 27
applies proceeds or attempts to proceed to sea or on a voyage or excursion
without complying with that regulation, its owner and its master is each guilty
of an offence and is each liable to a fine of level 4 on the standard scale.
15. If SOLAS regulation 28 is contravened in
respect of a ship, its master is guilty of an offence and is liable to a fine
of level 4 on the standard scale.
16. If SOLAS regulation 29 contravened in
respect of a ship, its owner and its master is each guilty of an offence and is
each liable to a fine of level 4 on the standard scale.
17. If SOLAS regulation 30 is contravened in
respect of a ship, its owner is guilty of an offence and is liable to imprisonment
for 2 years and a fine.
18. If paragraph 1 of SOLAS regulation 31 is
contravened in respect of a ship, its master is guilty of an offence and is liable
to a fine of level 2 on the standard scale.
19. If paragraph 1 or paragraph 2 of SOLAS regulation
33 is contravened in respect of a ship, its master is guilty of an offence and is
liable to imprisonment for 2 years and to a fine.
20. If a ship to which paragraphs 1 and 2 of SOLAS
regulation 34 apply proceeds or attempts to proceed to sea in contravention of a
requirement in either of those paragraphs, its master is guilty of an offence
and is liable to imprisonment for 2 years and to a fine.
21. A person who contravenes SOLAS regulation 34-1
in respect of a ship is guilty of an offence and is liable to imprisonment for
2 years and a fine.