The Merchant Shipping (Standards of Training, Certification and Watchkeeping) Regulations 2015

PART 5 U.K. GENERAL

Responsibilities of companies, masters and others U.K.

51.—(1) This regulation applies to a sea-going ship registered in the United Kingdom, except for—

(a) a fishing vessel;

(b) a pleasure vessel which is—

(i) less than 80 GT; or

(ii) under 24 metres in length; or

(c) a wooden ship of primitive build.

(2) A company must ensure that—

(a) a seafarer assigned to any of its ships holds an appropriate certificate in respect of any function that person performs on that ship;

(b) a seafarer on any of its ships has had training specified in Part 2 in respect of any function that person performs on that ship; and

(c) documentation and data relevant to a seafarer employed on its ships are maintained and readily available for inspection and include, without being limited to, documentation and data on their experience, training, medical fitness and competency in assigned duties.

(3) Nothing in paragraph (2) prohibits the allocation of tasks for training under supervision or in case of force majeure.

(4) A company must provide written instructions to the master of each of its ships setting out the policies and the procedures to be followed to ensure that all officers and ratings who are newly employed on board the ship are given a reasonable opportunity to become familiar with the shipboard equipment, operating procedures and other arrangements needed for the proper performance of their duties, before being assigned to those duties.

(5) The policies and procedures referred to in paragraph (4) include—

(a) allocation of a reasonable period of time during which each newly employed officer or rating will have an opportunity to become acquainted with—

(i) the specific equipment the officer or rating will be using or operating; and

(ii) ship-specific watchkeeping, safety, environmental protection and emergency procedures and arrangements the officer or rating needs to know to perform the assigned duties properly; and

(b) designation of a knowledgeable crew member responsible for ensuring that an opportunity is provided to each newly employed officer or rating to receive essential information in a language the officer or rating understands.

(6) A master and a member of a crew designated with an obligation under paragraph (5)(b) must carry out that obligation.

Carriage of documents U.K.

52.  A company and a master must ensure that there are carried at all times on board ship all original certificates and other documents issued pursuant to the STCW Convention and Part 2 of these Regulations indicating the qualification of any member of the crew to perform functions which they are required to perform aboard ship in the course of their designated duties.

Inspection of non-United Kingdom ships U.K.

53.—(1) An authorised person may inspect any ship which is not a United Kingdom ship for the purposes of—

(a) verifying that a seafarer serving on board who is required to be certificated holds valid STCW certificates; and

(b) assessing the ability of a seafarer in the ship to maintain the watchkeeping standards required by Part 4 of these Regulations where there are grounds for believing that such standards are not being maintained because, while in a port in the United Kingdom or in the approaches to that port, any of the following have occurred—

(i) the ship has been involved in a collision, grounding or stranding;

(ii) there has been an unlawful discharge of substances from the ship when underway, at anchor or at a berth;

(iii) the ship has been manoeuvred in an erratic or unsafe manner, or navigational course markers or traffic separation schemes have not been followed; or

(iv) the ship has otherwise been operated in such a manner as to pose a danger to persons, property or the environment.

(2) If an authorised person finds on inspection any deficiency of a kind specified in paragraph (3), the authorised person must notify in writing—

(a) the master of the ship; and

(b) the nearest maritime, consular or diplomatic representative of the flag State,

that such a deficiency has been found.

(3) Deficiencies referred to in paragraph (2) are—

(a) a failure of a seafarer to hold an STCW certificate, or a valid exemption from that requirement;

(b) a failure to comply with the safe manning document;

(c) a failure of navigational or engineering watch arrangements to conform to the requirements specified for the ship by the competent authority of the country in which the ship is registered;

(d) an absence on a watch of a person qualified to operate equipment essential to safe navigation, safety radio communications or the prevention of marine pollution;

(e) an inability of the master to provide adequately rested persons for the first watch at the commencement of a voyage and for subsequent relieving watches.

(4) In this regulation—

“authorised person” means a person authorised by the Secretary of State for the purposes of these Regulations; and

“STCW Certificate” means a certificate issued and endorsed in accordance with the provisions of the STCW Convention entitling the lawful holder to serve in the capacity and perform the functions involved—

(a)

at the level of responsibility specified;

(b)

on a ship of the type, tonnage or power and means of propulsion on which the seafarer is serving; and

(c)

while engaged on the particular voyage concerned.

Power to detain U.K.

54.—(1) Paragraph (2) applies in any case where it is found—

(a) in relation to a ship which is a United Kingdom ship, that there is any contravention of these Regulations; or

(b) in relation to a ship which is not a United Kingdom ship, that there is—

(i) a contravention of regulation 47, 48 or 49;

(ii) a breach of a term of an exemption granted under regulation 50; or

(iii) a failure to correct a deficiency of a kind specified in regulation 53(3) after notification to the master pursuant to regulation 53(2), and there is in consequence a danger to persons, property or the environment.

(2) Where this paragraph applies the ship may be detained, and section 284 of the Act (detention of a ship) applies as if for the words “the Act”, whenever they appear, there were substituted the words “ The Merchant Shipping (Standards of Training, Certification and Watchkeeping) Regulations 2015 ”.

(3) Regulations 14, 15 and 16 (rights of appeal and compensation, arbitration and compensation for unjustified detention) of the Merchant Shipping (Port State Control) Regulations 2011 M1 apply in relation to a detention order under these Regulations as they apply to a detention order under those Regulations.

Marginal Citations

M1 S.I. 2011/2601.

Penalties U.K.

55.—(1) An owner who contravenes regulation 42(2) is guilty of an offence, punishable—

(a) on summary conviction—

(i) in England and Wales by a fine; or

(ii) in Scotland or Northern Ireland by a fine not exceeding the statutory maximum; or

(b) on conviction on indictment by a fine.

(2) A company which contravenes regulation 46(1), 51(2) or (4) or 52 is guilty of an offence punishable—

(a) on summary conviction

(i) in England and Wales by a fine; or

(ii) in Scotland or Northern Ireland by a fine not exceeding the statutory maximum; or

(b) on conviction on indictment by a fine or (in the case of an individual) by imprisonment not exceeding six months, or both.

(3) A master who contravenes regulation 46(2), 47(1) or (2), 48, 49, 51(6) or 52 is guilty of an offence punishable—

(a) on summary conviction—

(i) in England and Wales by a fine; or

(ii) in Scotland or Northern Ireland by a fine not exceeding the statutory maximum; or

(b) on conviction on indictment by a fine or by imprisonment not exceeding six months, or both.

(4) A member of the crew who contravenes regulation 51(6) is guilty of an offence, punishable on summary conviction by a fine not exceeding level 3 on the standard scale.

(5) A chief engineer who contravenes regulation 47(3) is guilty of an offence punishable on summary conviction—

(a) in England and Wales by a fine; or

(b) in Scotland or Northern Ireland by a fine not exceeding level 5 on the standard scale.

(6) It is a defence for a person charged with an offence under these Regulations that the person took all reasonable steps to avoid commission of the offence.

(7) In any proceedings for an offence under these Regulations consisting of a failure to comply with a duty or requirement to do something so far as is reasonably practicable, it is for the person charged to prove that it was not reasonably practicable to do more than was in fact done to satisfy the duty or requirement.