Shipping (Load
Line) (Jersey) Regulations 2004[1]
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, have made the following Regulations –
Commencement [see endnotes]
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 Minister or a person or
organisation authorized by the Minister 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 Minister, 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 or civil partner, and a brother, sister, ancestor
or lineal descendant relative of the individual or of the individual’s
spouse or civil partner;
“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;
“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 Minister 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]
(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 Minister 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 Minister 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
Minister 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 Minister 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 Minister 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
Minister 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 Minister
may appoint Assigning Authority
The Minister 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 Minister 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 Minister.
(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 Minister may
survey non-Jersey ships
(1) This Article applies if
the Government of a Convention country requests the Minister to survey or
arrange to have surveyed a ship registered in that country.
(2) The Minister
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 Minister 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 Minister 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 Minister must
cancel the certificate if the Minister has reason to believe that the ship is
plying on international voyages.
18 Issue of
exemption certificates – Regulation 3(1) and (4)
(1) The Minister must issue
an International Load Line Exemption Certificate in respect of a ship the
Minister 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 Minister must issue
a Jersey Load Line Exemption Certificate in respect of a ship the Minister
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
Minister.
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 Minister may cancel
a certificate issued in respect of a Jersey ship if the Minister 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 Minister
proposes to cancel a certificate issued in respect of a Jersey ship, the
Minister must first serve a written notice on the owner of the ship specifying
the grounds for the proposed cancellation.
(4) Unless the Minister
considers that urgent safety considerations otherwise require, the Minister
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
Minister; and
(b) the
Minister 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 Minister may direct
that a certificate that has ceased to be valid or has been cancelled under this
Regulation be surrendered to the Minister.
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.
(3) 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 (4) and (7).
(4) Except as provided by paragraphs (5)
and (6), 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 Minister.
(5) 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 Minister, as the case may
be, is satisfied that reliable stability information can be obtained from the data.
(6) 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 Minister, 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.
(7) 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 Minister 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 Minister.
(8) 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 Minister 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 Minister.
(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 Minister, 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 Minister, 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 Minister
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 if upon being required to do so by
the Minister, the owner fails within the time specified by the Minister to
return to the Minister 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 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
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 of level 3 on the standard scale 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.[3]
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 Minister 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.
46 Detention
(1) Article 177 of the
Shipping (Jersey) Law 2002 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”.
(2) Articles 59 and 60
of the Shipping (Jersey) Law 2002 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 Citation
These Regulations may be cited as the Shipping (Load Line) (Jersey)
Regulations 2004.