Merchant Shipping (SOLAS Chapter II-2)(Ships constructed from 1 September 1984 to 30 June 2002) Regulations 2016

Transcription

1 Merhant Shipping (SOLAS Chapter II-2)(Ships onstruted from 1 September 1984 to 30 June 2002) Regulations 2016 Index MERCHANT SHIPPING (SOLAS CHAPTER II-2)(SHIPS CONSTRUCTED FROM 1 SEPTEMBER 1984 TO 30 JUNE 2002) REGULATIONS 2016 Index Regulation Page PART 1 INTRODUCTORY 3 1 Title Commenement Appliation Interpretation Company s responsibility Provisions relating to offenes... 6 PART 2 MANX SHIPS 7 7 Requirement to omply with SOLAS Chapter II Interpretation Type approval Exemptions Equivalent arrangements Waivers Validity of approvals, type approvals, exemptions, equivalent arrangements and waivers... 9 PART 3 FOREIGN SHIPS Requirement to omply with SOLAS Chapter II Inspetion of a foreign ship Provisions relating to detention PART 4 REVOCATIONS AND CONSEQUENTIAL AMENDMENTS Revoations Consequential amendment SD 2016/0085 Page 1

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3 Merhant Shipping (SOLAS Chapter II-2)(Ships onstruted from 1 September 1984 to 30 June 2002) Regulations 2016 Regulation 1 Statutory Doument No. 2016/0085 Merhant Shipping At 1985 MERCHANT SHIPPING (SOLAS CHAPTER II-2)(SHIPS CONSTRUCTED FROM 1 SEPTEMBER 1984 TO 30 JUNE 2002) REGULATIONS 2016 Laid before Tynwald: 15 Marh 2016 Coming into Operation: 21 Marh 2016 The Department of Eonomi Development, having arried out the onsultation required by setion 1(1) and setion 2(2) of the Merhant Shipping At 1985, makes the following Regulations under setions 1 and 2 of that At. PART 1 INTRODUCTORY 1 Title These Regulations are the Merhant Shipping (SOLAS Chapter II-2)(Ships onstruted from 1 September 1984 to 30 June 2002) Regulations Commenement These Regulations ome into operation on 21 Marh Appliation (1) Subjet to paragraph (3), Parts 1 and 2 of these Regulations apply to a Manx ship whih engages on international voyages, onstruted on or after 1 September 1984 up to and inluding 30 June 2002, wherever it may be. (2) Subjet to paragraph (3), Parts 1 and 3 of these Regulations apply to a foreign ship whih engages on international voyages, onstruted on or after 1 September 1984 up to and inluding 30 June 2002, whilst it is within the territorial waters of the Island. (3) These Regulations do not apply to a () high-speed raft; MODU; pleasure vessel; SD 2016/0085 Page 3

4 Regulation 4 Merhant Shipping (SOLAS Chapter II-2)(Ships onstruted from 1 September 1984 to 30 June 2002) Regulations 2016 (d) (e) (f) (g) fishing vessel; ship of war or troopship; ship not propelled by mehanial means; and wooden ship of primitive build. 4 Interpretation In these Regulations Company means the owner of a ship or any other organisation or person suh as the manager, or the bareboat harterer, who has assumed responsibility for operation of the ship from the owner and who, on assuming suh responsibility, has agreed to take over all the duties and responsibilities imposed on the Company by the SOLAS Convention; fishing vessel means a vessel used for athing fish, whales, seals, walrus or other living resoures of the sea; foreign ship means any ship that is not a Manx ship; high-speed raft has the meaning given by regulation 1.3 of SOLAS Chapter X; IBC Code means the International Code for the Constrution and Equipment of Ships Carrying Dangerous Chemials in Bulk inluding all amendments made to that Code up to and inluding those adopted by IMO Resolution MSC.369(93) on 22 May 2014, whih ame into fore on 1 January 2016; IMO means the International Maritime Organization; inspetor means a person appointed as an inspetor under setion 3 of the Merhant Shipping At 1985; international voyage means a voyage from a ountry to a port outside that ountry; MSN means a Manx Shipping Notie issued by the Department and inludes any doument amending the same; Manx ship has the meaning given by setion 1 of the Merhant Shipping Registration At 1991 and inludes a ship registered under Part IV of that At (the Demise Charter Register); MODU means a ship whih omplies with the MODU Code; MODU Code means for a ship onstruted on or after 1 January 2012, the Code for the Constrution and Equipment of Mobile Offshore Drilling Units 2009 (2009 MODU Code) and inludes all amendments made to that Code up to and inluding those adopted by IMO resolution MSC.359(92) on 21 June 2013; Page 4 SD 2016/0085

5 Merhant Shipping (SOLAS Chapter II-2)(Ships onstruted from 1 September 1984 to 30 June 2002) Regulations 2016 Regulation 4 () for a ship onstruted on or after 1 May 1991 up to and inluding 31 Deember 2001, the Code for the Constrution and Equipment of Mobile Offshore Drilling Units 1989 (1989 MODU Code) and inludes all amendments made to that Code up to and inluding those adopted by IMO resolution MSC.358(92) on 21 June 2013; and for a ship onstruted on or before 30 April 1991, the Code for the Constrution and Equipment of Mobile Offshore Drilling Units 1979 (1979 MODU Code) and inludes all amendments made to that Code up to and inluding those adopted by IMO resolution MSC.357(92) on 21 June 2013; passenger ship means a ship whih arries more than 12 passengers; pleasure vessel has the meaning given by regulation 6 of the Merhant Shipping (Pleasure Vessel) Regulations ; RO means any reognised organisation speified in MSN 020 whih is authorised by the Department to undertake the speified funtion; ship onstruted means a ship the keel of whih is laid or whih is at a similar stage of onstrution; SOLAS Chapter 1 means Chapter 1 of the SOLAS Convention inluding all amendments made to that Chapter up to and inluding those adopted by IMO Resolution MSC.204(81) on 18 May 2006; SOLAS Chapter II-2 means Chapter II-2 of the SOLAS Convention inluding all amendments made to that Chapter up to and inluding those adopted by IMO Resolution MSC.57(67) on 5 Deember 1996 whih ame into fore on 1 July 1998; SOLAS Chapter X means Chapter X of the SOLAS Convention inluding all amendments made to that Chapter up to and inluding those adopted by IMO Resolution MSC.352(92) on 21 June 2013 whih ame in to fore on 1 January 2015; SOLAS Convention means the International Convention for the Safety of Life at Sea 1974, as amended by the 1988 Protool; and territorial waters of the Island means the territorial sea adjaent to the Island; and any waters within the area that extend landward from the baselines from whih the breadth of the territorial sea is measured as far as the mean high water mark of ordinary spring tides. 1 SD396/03 SD 2016/0085 Page 5

6 Regulation 5 Merhant Shipping (SOLAS Chapter II-2)(Ships onstruted from 1 September 1984 to 30 June 2002) Regulations Company s responsibility (1) A Company must ensure a ship omplies with suh of the requirements of these Regulations as apply in relation to a ship of its desription. (2) Paragraph (1) applies whether or not these Regulations impose an obligation on another person. (3) A Company who fails to omply with paragraph (1) ommits an offene and is liable on onvition on information, to ustody for not more than 2 years, a fine, or both; on summary onvition, to a fine not exeeding 5, Provisions relating to offenes (1) It is a defene for a person harged under these Regulations to show that he or she took all reasonable steps to avoid the ommission of the offene. (2) If the ommission by any person of an offene under these Regulations is due to the at or default of some other person, that other person is guilty of the offene, and a person may be harged with and onvited of the offene by virtue of this regulation whether or not proeedings are taken against the first-mentioned person. (3) If a body orporate is guilty of an offene under these Regulations, and that offene is proved to have been ommitted with the onsent or onnivane of, or to have been attributable to any neglet on the part of a diretor, manager, seretary or other similar offier of the body orporate, or any person who was purporting to at in any suh apaity, he or she, as well as the body orporate, is guilty of that offene and is liable to be proeeded against and punished aordingly. (4) If the affairs of a body orporate are managed by its members, paragraph (3) applies in relation to the ats and defaults of a member in onnetion with his or her funtions of management as if the member were a diretor of the body orporate. (5) For the purposes of this regulation, body orporate inludes a limited liability ompany onstituted under the Limited Liability Companies At 1996 and, in relation to that ompany, any referene to a diretor or other offier of a body orporate is a referene to a member and to the ompany s manager and registered agent. Page 6 SD 2016/0085

7 Merhant Shipping (SOLAS Chapter II-2)(Ships onstruted from 1 September 1984 to 30 June 2002) Regulations 2016 Regulation 7 PART 2 MANX SHIPS 7 Requirement to omply with SOLAS Chapter II-2 (1) A ship must omply with suh of the requirements of SOLAS Chapter II- 2 as apply in relation to a ship of its desription. (2) In addition to the requirement in paragraph (1), a ship must omply with those parts of regulations , and to of SOLAS Chapter II-2, whih ame into fore on 1 January 2016, as apply in relation to a ship of its desription. (3) To avoid doubt, in paragraph (2), the referene to SOLAS Chapter II-2 means the Chapter II-2 as amended by IMO Resolution MSC.365(93) on 22 May 2014 whih ame in to fore on 1 January Interpretation (1) Unless the ontext learly indiates otherwise, referenes to Administration in SOLAS Chapter II-2 are to be read as referene to the Department or RO, subjet to any more speifi provision in these Regulations or MSN 057 or 058. (2) If there is a footnote in SOLAS Chapter II-2, and it is lear from the wording and the ontext that the ontent of the footnote or of a doument referred to in the footnote is intended to form part of the requirement then suh ontent must be treated as part of the requirement. 9 Type approval If SOLAS Chapter II-2 or any part of a ode applied by SOLAS Chapter II-2 requires anything to be type approved, it must be type approved in aordane with MSN Exemptions (1) In aordane with SOLAS Chapter 1, regulation 4, a ship whih is not normally engaged on international voyages but whih, in exeptional irumstanes, is required to undertake a single international voyage may be exempted by the Department from any of the requirements of SOLAS Chapter II-2. (2) An exemption under paragraph (1) may only be granted to a ship if the Department is satisfied that the ship omplies with safety requirements whih are adequate for the voyage to be undertaken. (3) In aordane with SOLAS Chapter 1, regulation 4, the Department may exempt a ship whih embodies features of a novel kind from any of the provisions of SOLAS Chapter II-2, the appliation of whih might SD 2016/0085 Page 7

8 Regulation 10 Merhant Shipping (SOLAS Chapter II-2)(Ships onstruted from 1 September 1984 to 30 June 2002) Regulations 2016 seriously impede researh into the development of suh features and their inorporation in ships engaged on international voyages. (4) An exemption under paragraph (3) may only be granted to a ship if the Department is satisfied that the ship omplies with safety requirements whih () are adequate for the servie for whih it is intended; ensure the overall safety of the ship; and are aeptable to the Governments of the States to be visited by the ship. (5) In aordane with SOLAS Chapter II-2 regulation 1.4.1, the Department may, if it onsiders that the sheltered nature and onditions of the voyage render the appliation of any speifi requirements of SOLAS Chapter II-2 unreasonable or unneessary, exempt individual ships or lasses of ships from those requirements. (6) An exemption under paragraph (5) may only be granted to individual ships or lasses of ships if they do not sail at distanes of more than 20 miles from the nearest land. (7) In aordane with SOLAS Chapter II-2 regulation 1.4.2, in the ase of passenger ships whih are employed in speial trades for the arriage of large numbers of speial trade passengers, suh as the pilgrim trade, the Department may, if it is satisfied that it is impratiable to enfore ompliane with the requirements of SOLAS Chapter II-2, exempt suh ships from those requirements. (8) An exemption under paragraph (7) may only be granted to a ship provided that it omplies fully with the provisions of the rules annexed to the Speial Trade Passenger Ships Agreement, 1971 as adopted by the IMO on 6 Otober 1971, whih ame in to fore on 2 January 1974; and the rules annexed to the Protool on Spae Requirements for Speial Trade Passenger Ships, 1973 as adopted by the IMO on 13 July 1973, whih ame in to fore on 2 June (9) In aordane with the requirements of SOLAS Chapter II-2, regulation , the Department may exempt argo spaes of any argo ship from the requirements of SOLAS Chapter II-2 regulation 53, paragraphs 1.1 and 1.2. (10) An exemption under paragraph (9) may only be granted if the ship is onstruted and solely intended, for the arriage of ore, oal, grain, unseasoned timber, non-ombustible argoes, or argoes whih the Department is satisfied onstitute a low fire risk; and fitted with steel hath overs and effetive means of losing all ventilators and other openings leading to argo spaes. Page 8 SD 2016/0085

9 Merhant Shipping (SOLAS Chapter II-2)(Ships onstruted from 1 September 1984 to 30 June 2002) Regulations 2016 Regulation Equivalent arrangements (1) In aordane with SOLAS Chapter 1 regulation 5, if SOLAS Chapter II-2 requires that a partiular fitting, material, appliane or apparatus, or type thereof, must be fitted or arried in a ship, or any partiular provision must be made, the Department may allow any other fitting, material, appliane or apparatus, or type thereof, to be fitted or arried or any other provision to be made in that ship. (2) An equivalent arrangement may only be permitted under paragraph (1) if the Department is satisfied by trial thereof or otherwise that the fitting, material, appliane or apparatus, or type thereof, or provision is at least as effetive as that required by SOLAS Chapter II Waivers (1) In aordane with SOLAS Chapter II-2, regulation , the Department may waive requirements for refrigeration systems for ships arrying argoes with a vapour pressure greater than bar absolute at 37.8 C. (2) A waiver may only be permitted under paragraph (1) for ships operating in restrited areas and at restrited times of the year; and in aordane with paragraph of the IBC Code. (3) In aordane with SOLAS Chapter II-2 regulation , the Department may waive the requirements for argo ships of less than 1,600 gross tonnage to omply with SOLAS Chapter II-2 regulation (4) A waiver may only be permitted under paragraph (3) if the fire pump starting arrangement in the mahinery spae is in an easily aessible position. 13 Validity of approvals, type approvals, exemptions, equivalent arrangements and waivers (1) An approval or type approval required by SOLAS Chapter II-2, or an exemption, equivalent arrangement or waiver permitted by SOLAS Chapter II-2 is only valid if () it is in writing; it speifies the date on whih it takes effet; and any onditions stated in it are omplied with. SD 2016/0085 Page 9

10 Regulation 14 Merhant Shipping (SOLAS Chapter II-2)(Ships onstruted from 1 September 1984 to 30 June 2002) Regulations 2016 PART 3 FOREIGN SHIPS 14 Requirement to omply with SOLAS Chapter II-2 (1) A foreign ship in the territorial waters of the Island, onstruted on or after 1 September 1984 up to and inluding 30 June 2002, must omply with suh of the requirements of SOLAS Chapter II-2, as apply in relation to a ship of its desription. (2) In addition to the requirement in paragraph (1), a foreign ship must omply with those parts of regulations , and to of SOLAS Chapter II-2, whih ame into fore on 1 January 2016, as apply in relation to a foreign ship of its desription. (3) To avoid doubt, in paragraph (2), the referene to SOLAS Chapter II-2 means the Chapter II-2 as amended by IMO Resolution MSC.365(93) on 22 May 2014 whih ame in to fore on 1 January Inspetion of a foreign ship A foreign ship in a port of the Island may be subjet to inspetion by an inspetor to verify that ertifiates issued under SOLAS Chapter 1, regulations 12 or 13, are valid. 16 Provisions relating to detention (1) If an inspetor arries out an inspetion in aordane with regulation 15 and finds that the ertifiates are not produed, have expired or eased to be valid; or there are lear grounds for believing (i) (ii) the ondition of the foreign ship or its equipment does not orrespond substantially with the partiulars of the ertifiate; or the foreign ship or its equipment are not in ompliane with the requirements of SOLAS Chapter 1 regulation 11 or ; the foreign ship may be detained. (2) A foreign ship detained in aordane with paragraph (1) is not permitted to sail until it an proeed to sea or leave the port for the purpose of proeeding to the nearest appropriate repair yard available without danger to the foreign ship or persons on board. (3) If an inspetion is onduted or when measures are taken in aordane with paragraph (1), all reasonable efforts must be made to avoid a foreign ship being unreasonably delayed or detained. Page 10 SD 2016/0085

11 Merhant Shipping (SOLAS Chapter II-2)(Ships onstruted from 1 September 1984 to 30 June 2002) Regulations 2016 Regulation 17 (4) If a foreign ship is detained in aordane with this regulation, setion 74 of the Merhant Shipping Registration At 1991 (whih relates to the detention of a ship) has effet, subjet to the modifiations in sub-setions (1) and (2), after offier of the Department insert «or any inspetor,»; in sub-setion (3), for this At (wherever ourring) substitute «the SOLAS Chapter II-2 Regulations»; and () after sub-setion (3) add «(4) In this setion inspetor has the meaning given by regulation 4 of the SOLAS Chapter II-2 Regulations; and SOLAS II-2 Regulations means the Merhant Shipping (SOLAS Chapter II-2)(Ships onstruted from 1 September 1984 to 30 June 2002) Regulations 2016.» PART 4 REVOCATIONS AND CONSEQUENTIAL AMENDMENTS 17 Revoations The following are revoked The Merhant Shipping (Fire Protetion) Regulations ; The Merhant Shipping (Fire Protetion) (Amendment) Regulations ; () The Merhant Shipping (Fire Protetion)(Non-United Kingdom) (Non-SOLAS Ships) Rules ; and (d) The Merhant Shipping (Fire Protetion) (Amendment) Regulations SI 1984 No as they apply to the Island by virtue of the Merhant Shipping (Safety Provisions) (Appliation) Order 1985 (GC38/85) 3 SI 1985 No as they apply to the Island by virtue of the Merhant Shipping (Safety Provisions) (Appliation) Order 1985 (GC357/85) 4 SI 1986 No. 1248, as they apply to the Island by virtue of the Merhant Shipping (Safety Provisions) (Appliation) (No.2) Order 1986 (GC334/86) 5 SI 1993 No as they apply to the Island by virtue of the Merhant Shipping (Safety Provisions) (Appliation) Order 1986 (SD464/94) SD 2016/0085 Page 11

12 Regulation 18 Merhant Shipping (SOLAS Chapter II-2)(Ships onstruted from 1 September 1984 to 30 June 2002) Regulations Consequential amendment (1) The Merhant Shipping (Vessels in Commerial Use for Sport or Pleasure) Regulations are amended as follows. In Shedule 1, (in the table entitled Regulations Disapplied ) after the final entry, insert «Merhant Shipping (SOLAS Chapter II- 2)(Ships onstruted from 1 September 1984 to 30 June 2002) Regulations 2016 SD 2016/0085» (2) The Merhant Shipping (Cargo Ship Constrution) Regulations are amended as follows. In regulation 21(3), for Merhant Shipping (Fire Protetion) Regulations 1984 substitute «Merhant Shipping (SOLAS Chapter II-2) (Ships onstruted from 1 September 1984 to 30 June 2002) Regulations 2016». (3) The Merhant Shipping (Vessels in Commerial Use for Sport or Pleasure) Regulations are amended as follows. In Shedule 2 (i) (ii) Part 1 is omitted; and Part 4 (in the table entitled Regulations made under setion 21 of the Merhant Shipping At 1979, in whih the definition of pleasure raft is amended. ) omit Merhant Shipping (Fire Protetion) Regulations /1218 1(2) (4) The Merhant Shipping (Passenger Ship Constrution and Survey) Regulations , are amended as follows. For regulation 48(1)(d)(i) substitute 6 SD 2014/ SD 603/98 8 SI 1993 No.1072 as they apply to the Island by virtue of the Merhant Shipping (Safety Provisions) (Appliation) Order 1993 (SD 247/93) 9 SI 1984 No.1216 as they apply to the Island by virtue of the Merhant Shipping (Safety Provisions) (Appliation) Order 1985 (GC 38/85) Page 12 SD 2016/0085

13 Merhant Shipping (SOLAS Chapter II-2)(Ships onstruted from 1 September 1984 to 30 June 2002) Regulations 2016 Regulation 18 «(i) one of the fire pumps required by the Merhant Shipping (SOLAS Chapter II-2) (Ships onstruted from 1 September 1984 to 30 June 2002) Regulations 2016;». MADE 23 FEBRUARY 2016 LAURENCE SKELLY Minister for Eonomi Development SD 2016/0085 Page 13

14 Explanatory Note Merhant Shipping (SOLAS Chapter II-2)(Ships onstruted from 1 September 1984 to 30 June 2002) Regulations 2016 EXPLANATORY NOTE (This note is not part of the Regulations) These Regulations give effet to Chapter II-2 of the SOLAS Convention (SOLAS II-2) Constrution - fire protetion, detetion and extintion. The Regulations implement SOLAS II-2 inluding all amendments up to and inluding those adopted by IMO Resolution MSC.57(67) on 5 Deember 1996, whih ame into fore on 1 July Subjet to regulation 3(3), Parts 1 and 2 of these Regulations apply to all Manx ships, whih engage on international voyages, onstruted on or after 1 September 1984 up to and inluding 30 June 2002, wherever they may be. Subjet to regulation 3(3), Parts 1 and 3 of these Regulations apply to foreign ships onstruted on or after 1 September 1984 up to and inluding 30 June 2002 whilst they are in the territorial waters of the Island. In aordane with regulation 7(2) and 7(3), a ship must also omply with those parts of regulations , and to of SOLAS Chapter II-2 as amended by IMO Resolution MSC.365(93) on 22 May 2014 whih ame in to fore on 1 January 2016, as apply in relation to a ship of its desription. The Regulations revoke and replae existing provision for ships onstruted on or after 1 September 1984 up to and inluding 30 June These Regulations ome into operation on 21 Marh Further information on ompliane with these Regulations an be found in MSN 057 and MSN 058. Copies of this doument and Manx Shipping Noties are obtainable from the Isle of Man Ship Registry, Department of Eonomi Development, St Georges Court, Upper Churh Street, Douglas, Isle of Man, IM1 1EX and an be aessed via the website: The International Convention for the Safety of Life at Sea 1974, its Protool, IMO resolutions and irulars an be obtained from the International Maritime Organisation, 4 Albert Embankment, London SE1 7SR and an be aessed via their website: Page 14 SD 2016/0085