The Merchant Shipping (Hours of Work) Regulations 1995

Schedules of duties, and need to record

4.—(1) It shall be the duty of the operator of a ship to produce a schedule of duties complying with this regulation.

(2) Where the operator is not also the employer of the master and all the seamen, he shall consult any other person who is an employer of the master or of any of the seamen before production of the schedule.

(3) The operator may arrange with any such employer that the employer is to produce a schedule of duties complying with this regulation. In such a case that employer shall also be subject to the duties of the operator under this regulation.

(4) Before producing a schedule the operator shall seek the views of the master, and the master shall seek and convey to the operator the views of:

(a) the ship’s safety committee; or

(b) the seamen or their representatives; or

(c) a trade union with one or more members on board ship.

(5) A schedule complies with this regulation if—

(a) it sets out the hours of work for—

(i) masters and seamen whose work includes regular watchkeeping duties or ship handling; and

(ii) the ship’s chief engineer, chief officer and second engineer officer,

so as to provide that they do not work more hours than is safe in relation to the safety of the ship and the master’s and seamen’s performance of their duties;

(b) it specifies the maximum period of continuous watchkeeping, the minimum rest period between watches, and the total daily, weekly and monthly hours of work; and

(c) it provides that an uninterrupted period of at least 7 hours off-duty in each 24 hour period is normally available for rest, or that, if this is not practicable, periods of rest aggregating at least 16 hours off-duty are normally available in each 48 hours period having regard to the provisions of regulation 2.

(6) The operator shall give consideration to the category of shipping operation undertaken in arranging the hours of work.

(7) The schedule may be changed by the operator or by an employer who by virtue of paragraph (3) is subject to the duties of the operator under this regulation, on condition that—

(a) other employers and the operator (as the case may be) have been consulted;

(b) the operator or the said employer has sought the views of the master on the proposed changes and the master has sought and conveyed to the operator the views of persons mentioned in paragraph (4)(a), (b) or (c);

(c) the schedule as changed complies with paragraph (5).

(8) The operator shall ensure that the schedule—

(a) is available to and brought to the attention of the master and of all the seamen on first signing on; and

(b) is displayed prominently in the crew accommodation for the information of all the seamen.

(9) It shall be the duty of the master to ensure, as far as is reasonably practicable, that the hours of work specified in the schedule are not exceeded.

(10) (a) The operator and the master shall maintain on the ship a copy of the schedule, and a record of all deviations from its requirements.

(b) The operator for the time being shall ensure that a copy of the schedule and of the record of all deviations from its requirements are preserved for five years from the date the Schedule was introduced, and that they are available for inspection by a superintendent, a proper officer within the meaning of section 97(1) of the Merchant Shipping Act 1970(1), a surveyor of ships, or an inspector appointed under section 728 of the Merchant Shipping Act 1894(2). If during the five year period there ceases to be an operator in relation to the ship, the duty to preserve the copies of the Schedule and of the record shall remain with the last operator.

(1)

1970 c. 36.

(2)

1894 c. 60.