STCW Convention

223 Pages·2016·2.07 MB·English

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Merchant Shipping (STCW Convention) Regulation 2016
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INDEPENDENT STATE OF PAPUA NEW GUINEA

Regulation No. of 2016

Merchant Shipping (STCW Convention) Regulation 2016

I, Paul Unas, General Manager of the National Maritime Safety Authority, make this
Regulation under subsection 6(1) of the Merchant Shipping Act 2016.

2016

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General Manager

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Contents
Part 1 Preliminary ........................................................................ 1

1.
Name of instrument..................................................................................................... 1

2.
Commencement.......................................................................................................... 1

3.
Definitions.................................................................................................................... 1

4.
STCW Convention....................................................................................................... 6

5.
Application................................................................................................................... 6

Part 2 Control............................................................................... 7

6.
Control procedures...................................................................................................... 7

7.
Register of Seafarers and Issue of Certificates. ......................................................... 8

8.
Offences and penalties. .............................................................................................. 9

Part 3 Responsibilities of Companies, Owners, Etc................ 10

9.
Responsibilities of Companies and Owners ............................................................. 10

10.
Responsibilities of owners and masters.................................................................... 10

11.
Responsibilities of masters. ...................................................................................... 11

12.
Responsibilities of seafarers. .................................................................................... 11

13.
Offences and penalties. ............................................................................................ 12

Part 4 Watchkeeping. ................................................................ 12

14.
Watchkeeping arrangements. ................................................................................... 12

15.
Standards regarding watchkeeping........................................................................... 13

16.
Guidance for fitness for duty. .................................................................................... 13

Part 5 Manning........................................................................... 14

17.
Manning..................................................................................................................... 14

18.
Offences and penalties. ............................................................................................ 14

Part 6 Training and Certification............................................... 15

19.
Training and assessment. ......................................................................................... 15

20.
Training institutions. .................................................................................................. 16

21.
Issue of certificates.................................................................................................... 17

22.
Recognition of certificates ......................................................................................... 17

23.
Endorsement of certificates....................................................................................... 18

24.
Revalidation of certificates. ....................................................................................... 18

25.
Dispensations............................................................................................................ 19

26.
Transitional provisions. ............................................................................................. 19

27.
Offences and penalties. ............................................................................................ 19

28.
Fees. ......................................................................................................................... 19

Part 7 Simulator Training. ......................................................... 20

Performance standards.......................................................................................................... 20
29.
General performance standards: simulators used in training ................................... 20

30.
General performance standards: simulators for assessing competence.................. 20

31.
Additional performance standards ............................................................................ 20

32.
Radar simulation ....................................................................................................... 21

33.
Automatic Radar Plotting Aid (ARPA) simulation...................................................... 21

Other Provisions..................................................................................................................... 21
34.
Simulator training objectives ..................................................................................... 21

35.
Training procedures .................................................................................................. 21

36.
Assessment procedures............................................................................................ 22

37.
Qualifications of instructors and assessors............................................................... 22

Part 8 Medical Standards. ......................................................... 22

38.
Medical fitness certificates. ....................................................................................... 22

39.
Standards.................................................................................................................. 23

40.
Medical certificates.................................................................................................... 23

41.
Duration..................................................................................................................... 23

42.
Re-examination. ........................................................................................................ 23

43.
Review of a medical certificate.................................................................................. 24

44.
Appeal of a reviewed medical certificate................................................................... 24

45.
Costs of medical examinations for reviews and appeals. ......................................... 25

46.
Offences and penalties. ............................................................................................ 25

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Part 9 Quality Standards. .......................................................... 25

47.
Application................................................................................................................. 25

48.
Quality standards. ..................................................................................................... 25

49.
Evaluation.................................................................................................................. 26

50.
Subsequent Reports to IMO...................................................................................... 26

Part 10 Impartial Investigations.................................................. 28

51.
Application................................................................................................................. 28

52.
Impartial investigation. .............................................................................................. 28

53.
Immunities. ................................................................................................................ 29

54.
Contraventions, etc., of Section 51 ........................................................................... 29

Part 11 Marine Radio ................................................................... 29

55.
Radio Regulations..................................................................................................... 29

56.
Certification of radio personnel. ................................................................................ 30

57.
Radio certificates....................................................................................................... 30

58.
Offences and penalties. ............................................................................................ 30

Part 12 Transitional Provisions .................................................. 31

59.
Recognition of certificates. ........................................................................................ 31

SCHEDULES
Schedule 1
Serving Capacity as Per Manning Scale................................ 33

Schedule 2
Certificates Issued in Papua New Guinea ............................. 35

Schedule 3
Equivalent Certificates............................................................ 37

Schedule 4
Types of Certificate and Pre–Requisites for Issue ............... 39

Schedule 5
Manning Requirement and Classes of Certificates .............. 53

Schedule 6
Application for a Safe Manning Document ........................... 57

Safe Manning Certificate........................................................................................................ 58
Deck Officer Qualification Structure Conforming to STCW 2010 .......................................... 59
Marine Engineer Qualification Structure Conforming to STCW 2010.................................... 61

Schedule 7
Fees for Examinations and Certification............................... 62

Schedule 8
Medical Standards................................................................... 63

Schedule 9
Seafarers Medical Fitness Certificate.................................... 66

Schedule 10
Medical Fitness Certificate (PNG Coastal Trade) .............. 67

Schedule 11
Certificates of Competency Under Section 19(5) .............. 68

Schedule 12
Endorsement of Certificate ................................................. 70

Endorsement Attesting to Recognition................................................................................... 72

Schedule 13
Able Seafarer (Deck) Certificate.......................................... 74

Schedule 14
Able Seafarer (Engine) Certificate ...................................... 75

Schedule 15
Guidance Regarding the Use of Simulators ...................... 76

Schedule 16
Training and Assessment in the Use of ECDIS ................. 83

Non Mandatory Simulators..................................................................................................... 90

Schedule 17
Tables of Standards of Competency .................................. 93

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Part 1
Preliminary

1.
Name of instrument
This instrument is the Merchant Shipping (STCW Convention) Regulation
2016.

2.
Commencement
This Regulation commences [to be inserted].

3.
Definitions

(1)
In this Regulation:
able seafarer deck means a rating qualified in accordance with regulation II/5

of the Convention;

able seafarer engine means a rating qualified in accordance with regulation

III/5 of the Convention;

Act means the Merchant Shipping Act, as amended;
agreement has the same meaning as in the Act;
appropriate certificate means a certificate appropriate for the size, type,

trading area, power and means of propulsion of the vessel as shown by the
standards in Schedule 2;

approved means approved by the Party in accordance with the STCW

Regulations and 2010 amendments;

assistant engineer officer means a person under training to become an engineer

officer and designated as such by national law or regulations;

Authority means the National Maritime Safety Authority;
Certificate of Competency (CoC) means a certificate issued and endorsed for

masters, officers and GMDSS radio operators in accordance with the
provisions of chapters II, III, IV or VII of the annex to the 2010
Amendments to the Convention and entitling the lawful holder to serve in
the capacity and perform the functions involved at the level of
responsibility specified, and includes —
(a) a certificate of competency issued under Section 125(1) of the Act and

in accordance with Part 6; and

(b) a certificate of competency revalidated under Section 24; and
(c) a certificate of competency issued by the maritime Authority of

another contracting Party and recognized by the Authority under
Section 22;

Certificate of Proficiency (CoP) means a certificate, other than a certificate of

competency, issued to a seafarer and stating that the relevant requirements
of training, competencies or in the Convention have been met;

chemical tanker means a vessel constructed or adapted and used for the

carriage in bulk of any liquid product listed in Chapter 17 of the
International Bulk Chemical Code;

chief engineer officer means the senior engineer officer responsible for the

mechanical propulsion and the operation and maintenance of the
mechanical and electrical installations of the vessel;

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chief mate means the officer next in rank to the master who will take command

of the vessel in the event the master is incapacitated;

clear grounds in respect of control procedures in Section 4, includes a collision,

grounding or stranding or an illegal discharge or other such operation which
pose a danger to seafarers, property and/or the environment, and any
deficiencies in the vessel's equipment or documentation;

Code means the Standards of Training, Certification and Watchkeeping Code,

attached to the Final Act of the 1995 STCW Conference;

Company means the owner of the vessel or any other organization or person

such as the manager, or the bareboat charterer, who has assumed the
responsibility for operation of the vessel from the shipowner and who, on
assuming such responsibility, has agreed to take over all the duties and
responsibilities imposed on the company by these regulations;

Convention means the International Convention on Standards of Training,

Certification and Watchkeeping for Seafarers, 1978, as amended in 1995
and 2010 and any other amendments that are accepted by or binding on
Papua New Guinea;

deck officer means an officer qualified in accordance with Chapter II of the

Convention;

deficiencies, in respect of clear grounds, include failure to hold an appropriate

certificate, failure to comply with the provisions of the Safe Manning
Certificate, non-compliance with the Flag State Authority
watch

arrangements, absence of a qualified seafarer in a watch or inability to
provide seafarers sufficiently rested or fit for duty for watches;

designated physician means a physician who is designated by the Authority or

recognized by the Government to conduct medical examinations for
seafarers;

dispensation means dispensation from a standard of this Regulation, the

Convention, the STCW Regulations or the Code, granted generally or in a
particular case by the Authority under Section 25;

documentary evidence means documentation, other than a certificate of

competency or certificate of proficiency, used to establish that the relevant
requirements of the Convention have been met;

duly certified, in relation to a seafarer, means holding a valid certificate

showing that the holder is qualified to serve in the capacity concerned on
the type, tonnage, power and means of propulsion, and class of vessel and
voyage and to perform the functions at the relevant level specified in the
certificate;

electro-technical officer means an officer qualified in accordance with

regulation III/6 of the Convention;

electro-technical rating means a rating qualified in accordance with regulation

III/7 of the Convention.

endorsement means an endorsement to a certificate made by the Authority

under Section 21 or made by the maritime Authority of another Party;

engineer officer means an officer qualified in accordance with regulations III/1,

III/2 or III/3 of the Convention;

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function means a group of tasks, duties and responsibilities, as specified in the

STCW Code, necessary for vessel operation, safety of life at sea or
protection of the marine environment;

Government means the Government of Papua New Guinea;
IMO means the International Maritime Organisation;
ISPS Code means the International Ship and Port Facility Security (ISPS) Code

adopted on 12 December 2002, by resolution 2 of the Conference of
Contracting Governments to the International Convention for the Safety of
Life at Sea (SOLAS), 1974, as may be amended by the Organization;

liquefied gas tanker means a vessel constructed or adapted and used for the

carriage in bulk of any liquefied gas or other product listed in Chapter 19 of
the International Gas Carrier Code;

2010 Amendments means the amendments made to the Convention in 2010
maritime training institution means a training institution approved by the

Authority for training seafarers to the standard of the Convention and for
issuing STCW certificates by the Authority;

master means the person having command of a vessel;
month means a calendar month or 30 days made up of periods of less than one

calendar month;

officer means a member of the crew, other than the master, designated as such

by national law or regulations or, in the absence of such designation, by
collective agreement or custom;

oil tanker means a vessel constructed and used for the carriage of petroleum

and petroleum products in bulk;

owner means an owner or operator or bareboat charterer and includes a

company as defined in the Convention;

Papua New Guinea seafarer means a seafarer who is a citizen of Papua New

Guinea;

Papua New Guinea vessel means a vessel that is registered or licensed in Papua

New Guinea.

Party means a party to the Convention;
passenger ship means a ship as defined in the International Convention for the

Safety of Life at Sea, 1974, as amended;

physician means a person holding a valid license to practice medicine issued

under the Medical Registration Act (Chapter 398), or by a licensing
authority recognised for conducting seafarers’ medical examinations;

propulsion power means the total maximum continuous rated output power, in

kilowatts, of all the vessel’s main propulsion machinery which appears on
the vessel’s certificate of registry or other official document;

rating means a member of the vessel’s crew other than the master or an officer;
Registrar means the Registrar appointed under Section 17 of the Act;
Regulations means regulations contained in the annex to the Convention;
Ro-Ro passenger ship means a passenger ship with ro-ro spaces or special

category spaces as defined in the International Convention for the Safety of
Life at Sea, 1974 (SOLAS), as amended;

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seafarer means a person employed, or seeking employment, in any capacity on

a vessel as master, officer, rating or crew member;

seagoing service means service on a vessel needed to issue or revalidate a

certificate or other qualification;

second engineer officer means the engineer officer next in rank to the chief

engineer officer who will take over responsibility for the mechanical
propulsion and the operation and maintenance of the mechanical and
electrical installations of the vessel in the event the chief engineer officer is
incapacitated;

security duties include all security tasks and duties on board vessels as defined

by chapter XI-2 of the International Convention for the Safety of Life at
Sea (SOLAS 1974, as amended) and the International Ship and Port
Facility Security (ISPS) Code;

ship security officer (SSO) means the person on board the vessel, accountable

to the master, designated by the Company as responsible for the security of
the vessel, in compliance with the ISPS Code, including implementation
and maintenance of the Ship Security Plan and liaison with the Company
Security Officer (CSO) and Port Facility Security Officers (PFSO);

SOLAS means the International Convention for the Safety of Life at Sea, 1974,

as amended by the Protocols of 1978 and any other amendments adopted by
IMO and accepted by the Government;

STCW Code means the Seafarers’ Training, Certification and Watchkeeping

(STCW) Code as adopted by the 1995 Conference resolution 2, as it may be
amended by the Organization; and

STCW Regulations means Regulations contained in the Annex to the

Convention (Chap. 1 Reg. I/1(1)

(2)
In compliance with Regulation I/3, the following terms apply to this Regulation
near-coastal voyage means a voyage within the 200 nautical mile Exclusive

Economic Zone of Papua New Guinea and includes voyages, trades and
operation of vessels within the groups of islands that comprise Papua New
Guinea; and

unlimited voyage means a voyage commencing in a port or place in Papua New

Guinea and proceeding beyond the 200 nautical mile Exclusive Economic
Zone.

(3)
For the purpose of applying variations to the subjects listed in column 2 of the
standard of competence tables contained in chapters II and III of Part A of the
Code, for issue of certificates valid for service on Papua New Guinea ships
engaged on near coastal voyages, bearing in mind the effect on the safety and
security of all ships and on the marine environment, the following factors are to
be taken into account:
(a) the type of ship and the trade in which it is engaged;
(b) the gross tonnage of the ship and the propulsion power in kilowatts of the

main machinery;

(c) the nature and length of the voyages;
(d) the maximum distance from a port of refuge;
(e) adequacy of the coverage and accuracy of navigational position-fixing

devices;

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(f) weather conditions normally prevailing in the near-coastal voyage area;
(g) provision of shipboard and coastal communication facilities for search and

rescue; and

(h) availability of shore-based support, regarding technical maintenance on

board.

(4)
Ships engaged on near-coastal voyages cannot extend their voyages beyond
adjoining neighbouring countries (with whose Authority there must be
agreement) under the pretext that they are navigating constantly within the limits
of designated near-coastal voyages of neighbouring Parties.

(5)
In order to comply with Regulations I/3 and I/7 of the Convention the Authority
is to inform the IMO of the details of the provisions adopted for vessels
regularly engaged on near-coastal voyages in the format stipulated in Section A-
I/7 of the Code and Section 48 of this Regulation.

(6)
In respect of Part X, Marine Radio, the following terms apply—
radio duties include, as appropriate, watchkeeping and technical maintenance

and repairs conducted in accordance with the Radio Regulations, the
International Convention for the Safety of Life at Sea, 1974 (SOLAS), as
amended and, at the discretion of each Authority, the relevant
recommendations of the Organization;

radio operator means a person holding an appropriate certificate issued or

recognized by the Authority under the provisions of the Radio
Regulations;

Radio Regulations means the Radio Regulations annexed to the most recent

International Telecommunications Convention in force at any time;

GMDSS means the SOLAS Global Maritime Distress and Safety System.
GMDSS radio operator means a person who is qualified in accordance with the

provisions of chapter IV of the Convention;

(7)
Definitions and clarifications in Article II and Regulation I/1 apply equally to
terms used in parts A and B of the Code. In addition, the following
supplementary definitions apply only to the Code:
standard of competence means the level of proficiency to be achieved for the

proper performance of functions on board ship in accordance with the
internationally agreed criteria as set forth herein and incorporating
prescribed standards or levels of knowledge, understanding and
demonstrated skill;

management level means the level of responsibility associated with:

(a) serving as master, chief mate, chief engineer officer or second

engineer officer on board a seagoing ship, and

(b) ensuring that all functions within the designated area of

responsibility are properly performed;

operational level means the level of responsibility associated with:

(a) serving as officer in charge of a navigational or engineering watch or

as designated duty engineer for periodically unmanned machinery
spaces or as radio operator on board a seagoing ship, and

(b) maintaining direct control over the performance of all functions

within the designated area of responsibility in accordance with

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proper procedures and under the direction of an individual serving in
the management level for that area of responsibility;

support level means the level of responsibility associated with performing

assigned tasks, duties or responsibilities on board a seagoing ship under
the direction of an individual serving in the operational or management
level;

evaluation criteria are the entries appearing in column 4 of the “Specification

of Minimum Standard of Competence” tables in Part A and provide the
means for an assessor to judge whether or not a candidate can perform
the related tasks, duties and responsibilities; and

independent evaluation means an evaluation by suitably qualified persons,

independent of, or external to, the unit or activity being evaluated, to
verify that the administrative and operational procedures at all levels are
managed, organized, undertaken and monitored internally in Regulation
to ensure their fitness for purpose and achievement of stated objectives.

(8)
A term used in this Regulation defined in Article II of the Convention or in
Regulation I/1 of the STCW Regulations, has the same meaning as in the
Convention or STCW Regulations, unless a different meaning is given by this
Regulation.

(9)
The Authority may delegate in writing any duty or power imposed by this
Regulation, except the power of delegation, to any person considered
appropriate to carry out such duty.

(10)
The Authority may exempt the owner of any vessel from any of the provisions
of this Regulation if by so doing there is no additional risk of loss of life or
personal injury or damage to property or if the Authority considers it in the
public interest to do so.

4.
STCW Convention.

(1)
The STCW Regulations, the Code and the 2010 Amendments have been
incorporated into national legislation and have the force of law in Papua New
Guinea to the extent practicable and consistent with this Regulation and the Act,
and any other law of Papua New Guinea.

(2)
Carriage of the Convention, STCW Regulations, the Code and the 2010
Amendments is mandatory on regulated vessels to which the Convention
applies.

(3)
Carriage of this Regulation is mandatory on regulated vessels to which the
Convention applies.

5.
Application.

(1)
This Regulation applies to—
(a) vessels registered or licensed in Papua New Guinea; and
(b) seafarers employed on vessels referred to in Paragraph (a); and
(c) owners and masters of vessels referred to in Paragraphs (a); and
(d) seafarers who are citizens of Papua New Guinea or holders of certificates

recognised and endorsed by the Authority; and

(e) maritime training institutions situated in Papua New Guinea; and
(f)
certificates issued and recognised by the Authority.

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(2)
In Part 2, provisions of the Convention, STCW Regulations, Code and 2010
Amendments apply to-
(a) foreign vessels in Papua New Guinea waters; and
(b) owners and masters of foreign vessels in Papua New Guinea waters; and
(c) seafarers employed on foreign vessels in Papua New Guinea waters,
to the same standards of training, experience and certification as apply to
seafarers serving on board Papua New Guinea regulated vessels

(3)
These regulations are to support the mandatory provisions contained in Part A of
the STCW Code and:
(a) any reference to a requirement in a regulation constitutes a reference to the

corresponding section of Part A of the STCW Code;

(b) the related guidance and explanatory material contained in Part B of the

STCW Code should be taken into account to the greatest degree possible in
Regulation to achieve uniform implementation of the Convention on a
global basis;

(c) amendments to Part A of the STCW Code shall be adopted, brought into

force and take effect in accordance with the provisions of article XII of the
Convention concerning the amendment procedure applicable to the annex;
and

(d) Part B of the STCW Code may be amended by the IMO Maritime Safety

Committee in accordance with its rules of procedure;

(e) references made in article VI of the Convention to “the Authority” and “the

issuing Authority” are to be seen as references to the National Maritime
Safety Authority (NMSA) and its successors who are solely responsible for
issuing, endorsing and revalidating certificates under these regulations.
(Reg I/1(2)

Part 2
Control.

6.
Control procedures.

(1)
A ship inspector engaged by the Authority or Port State Control Officer
appointed by the Authority under Section 81(1) of the Act and authorised to
board vessels under Section 82(1) of the Act may exercise control procedures
described in Article X and Regulation I/4 of the Convention and Division 3
Sections 190, 191 & 192 of the Act.

(2)
Control procedures under this Convention shall be based on the standards of
competence of the individual seafarers on board and their skills related to
implementation of the International Safety Management (ISM) Code and
watchkeeping as defined in Part A of the Code. On board assessment of
competency commences with verification of the certificates of the seafarers.

(3)
If there are clear grounds for believing that the standards of the Convention and
the Code are not being maintained, competence of seafarers may be assessed in
accordance with control procedures specified in Section A-I/4 of the Code.

(4)
The assessment procedure provided for in Regulation I/4, paragraph 1.3,
resulting from any of the occurrences mentioned takes the form of verification
that members of the crew who are required to be competent do possess the
necessary skills related to the occurrence.

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(5)
The assessment under (4) may require the seafarer to demonstrate competency at
the place of duty. The demonstration may include verification that on board
procedures are relevant to the International Safety Management (ISM) Code and
that the provisions of this Convention are confined to the competence to safely
execute those procedures and that there is proper response to emergency
situations within the seafarer’s level of competence.

7.
Register of Seafarers and Issue of Certificates.

(1)
The Registrar maintains a Register of Seafarers and, in addition to entries
required by Section 179 of the Act, maintains a record for masters, officers and
ratings and relevant particulars of documents issued under this Regulation
including —
(a) certificates issued; and
(b) endorsements made to certificates; and
(c) certificates suspended or cancelled; and
(d) certificates issued by another country recognised as valid on Papua New

Guinea vessels; and

(e) dispensations and exemptions granted; and
(f)
certificates issued or recognised that have been revalidated; and

(g) certificates lost or stolen; and
(h) certificates issued to replace those lost or expired; and
(i)
medical certificates issued to seafarers under Part 8.

(2)
Information from the Register may be made available by the Registrar to —
(a) the Authority;
(b) the Secretary-General of IMO; and
(c) Parties or owners seeking authenticity and validity of certificates and

endorsements issued by the Authority (Reg I/2 para 15)

(3)
The Authority is to maintain an electronic register to allow controlled electronic
access to the register or registers for other Parties and companies to confirm:
(a) the name of the seafarer to whom the certificate, endorsement or other

qualification was issued, its relevant number, date of issue and date of
expiry;

(b) the capacity in which the holder may serve and any limitations; and
(c) the functions the holder may perform, the levels authorized and limitations,

if any.

(4)
The information recorded and available electronically, in accordance with
regulation I/2 concerns:
(a) the status of the certificate, is it:

(i)
valid;

(ii) suspended;
(iii) cancelled;
(iv) reported lost; or
(v) destroyed,

with a record of change of status, including dates of changes;
(b)
the details of the certificate showing:

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(i)
the seafarer’s name;

(ii)
date of birth;

(iii) nationality;
(iv) gender;
(v)
preferably a photograph;

(vi) relevant document number;
(vii) date of issue;
(viii)date of expiry;
(ix) last revalidation date; and
(x)
details of dispensation(s), if any.

(c)
the details of the holder’s competency or proficiency:
(i)
STCW standard of competence (e.g., regulation II/1);

(ii)
capacity;

(iii) function;
(iv) level of responsibility;
(v)
endorsements; and

(vi) limitations.

(d)
details of the holder’s most recent medical examination:
(i)
date of issue of latest medical certificate relating to the issue or
revalidation of the certificate of competency.

(5)
Information required under subsection (4) is to be made available in English
electronically by 1st January 2017 (Reg I/2 para 16)

(6)
The Authority is to ensure, for approval of seagoing service, that the service
concerned is relevant to the qualification applied for. The purpose of seagoing
service is to allow the seafarer to be instructed in and to practice, under
appropriate supervision, those safe and proper seagoing practices, procedures
and routines relevant to the qualification applied for.

8.
Offences and penalties.

(1)
If under this Regulation, the Convention, the STCW Regulations or Code, as
amended, a person:
(a) does anything prohibited; or
(b) fails to do anything required,
that person is guilty of an offence and, if no other penalty is prescribed, is liable
on conviction to the following penalty—
(c) in the case of an owner, agent and operator—a fine of not more than

K20,000 or imprisonment for a term of not more than two years, or both; or

(d) in the case of a master—a fine of not more than K5,000 or imprisonment

for a term of not more than six months, or both; or

(e) in the case of an officer or seafarer—a fine of not more than K3,000 or

imprisonment for a term of not more than 3 months, or both.

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Part 3
Responsibilities of Companies, Owners, Etc.

9.
Responsibilities of Companies and Owners

(1)
The Authority, in compliance with Regulation A-1/14, is to ensure that
companies owning (or owners) are responsible for the assignment of seafarers
for service on their ships in accordance with the provisions of the Convention.

(2)
Written instructions are to be provided to the master by the company or owner
setting out the policies and procedures to be followed to ensure that seafarers on
board the vessel are given a reasonable opportunity to become familiar with—
(a) shipboard equipment and operating procedures; and
(b) other arrangements needed for performance of their duties, before the duties

are assigned.

(3)
The policies and procedures referred to in subsection (2) include—
(a) allocation of a period during which each seafarer has the opportunity to

become familiar with—
(i)
particular equipment the seafarer will operate; and

(ii) watchkeeping, safety, environmental protection and emergency

procedures and arrangements particular to the vessel the seafarer needs
to know to perform assigned duties; and

(b) appointment of a knowledgeable seafarer responsible for ensuring that

opportunity is provided for each seafarer to receive essential information in
a language the seafarer understands; and

(c) ensuring seafarers are free from fatigue, that rest periods are observed and

watch schedules are posted according to watchkeeping arrangements in
compliance with Part 4, and that schedules are readily available for
inspection by Port State Control officers and seafarers.

(4)
Introductory programmes specific to the vessel, assisting newly employed
seafarers to familiarise themselves with procedures and equipment relating to
their area of responsibility, are to be provided by the owner.

(5)
The contracts showing terms of employment with each seafarer are to be stated
in the Agreement and signed by the owner or master, and the seafarer.

(6)
Records of seafarer’s bio-data are to be kept as required by the Convention.

(7)
Records of the date on which the seafarer was engaged and in what capacity, the
seafarer's certificate and number, the nature of the voyage, and the date of the
seafarer's discharge are to be maintained by the owner.

10.
Responsibilities of owners and masters.

(1)
The owner and the master of a regulated vessel are to ensure that—
(a) every seafarer employed on the vessel is certificated as required by the

1978 Convention, the 1995 Code and the 2010 amendments; and

(b) the vessel is crewed in compliance with the safe manning requirements

prescribed in Part 5; and

(c) documentation and data relating to seafarers employed on the vessel are

maintained and readily accessible and include documentation and data on
experience, training, medical fitness and competency in assigned duties;
and

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(d) every seafarer employed on the vessel is familiar with his/her specific

duties and with vessel arrangements, installations, equipment, procedures
and vessel characteristics relevant to routine or emergency duties; and

(e) the vessel's crew complement can effectively co-ordinate activities in an

emergency situation, in a security alert and in performing functions vital to
safety or to prevention or mitigation of pollution.

(2)
The owner and the master are to ensure that every seafarer makes a
knowledgeable and informed contribution to the safe operation of the vessel.

(3)
The following information is recorded by the owner or master in the Seafarer's
Employment Record Book (SERB) —
(a) the name of the vessel; and
(b) the official number; and
(c) the gross tonnage; and
(d) the total maximum continuous rated output power in kW; and
(e) the Port of Registry; and
(f)
the date and place of engagement; and

(g) the date and place of discharge; and
(h) the capacity on board; and
(i)
the description of the voyage.

11.
Responsibilities of masters.

(1)
The master of a regulated vessel is to implement company instructions issued in
compliance with Section 9(2) including—
(a) identification of newly employed seafarers on board the vessel before they

are assigned to any duties; and

(b) provision of opportunity for newly employed seafarers to—

(i)
visit spaces in which their primary duties will be performed; and

(ii) become accustomed to the location, controls and display features of

equipment they will operate or use; and

(iii) activate equipment and perform functions using the controls and when

possible, observe and question someone familiar with the equipment,
procedures and other arrangements who can communicate information
in a language which the seafarer understands; and

(c) provide a period of supervision when there is doubt that a newly employed

seafarer is familiar with the equipment, operating procedures and
arrangements needed for the proper performance of his/her duties.

(2)
The Agreement verifying the contract of employment between the owner and the
seafarer is to be maintained for the duration of the voyage.

(3)
The owner or master is to ensure that the seafarer fully understands the contents
of the Agreement before appending his/her signature or mark, and then the
owner or master signs the Agreement.

12.
Responsibilities of seafarers.

(1)
A seafarer assigned to a regulated vessel is to take advantage of every
opportunity to become familiar with shipboard equipment, operating procedures
and arrangements needed for the proper performance of his/her duties.