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Fiji Subsidiary Legislation |
FIJI
MARINE ACT, 1986
(ACT NO. 35 OF 1986)
MARINE (CERTIFICATES OF COMPETENCY (QUALIFICATIONS FOR ENTRY TO EXAMINATIONS) (ENGINEERING OFFICERS) ) REGULATIONS, 1989
IN exercise of the powers conferred upon me by sections 98, 99, 143 and 212 of the Marine Act, 1986, I have made of the following Regulation -
Short title
1. These Regulations may be cited as the Marine (Certificates of Competency (Qualifications for Entry to Examinations) (Engineering Officers)) Regulations, 1989.
Object
2. These Regulations prescribe the qualifications an applicant must possess and the other pre-requisites that must be complied with before the applicant can be permitted to enter for an examination -
(a) leading to a qualification for a certificate of competency as an engineering officer; or
(b) for a steamship or motor vessel endorsement on a certificate of competency.
Regulations to be read as one
3. -(1) These Regulations are to be read as one with the Marine (Certificate of Competency and Manning of Vessels) (General) Regulations, 1989, and the other Regulations referred to in those Regulations.
(2) In particular words and phrases defined in the Marine (Certificates of Competency and Manning of Vessels) (General) Regulations, 1989 have the same meaning when used in these Regulations.
Qualification and other pre-requisites required for entry to examinations for certificates of competency as engineering officers
4. Subject to regulation 8, the qualifications that a person must possess and the other pre-requisites that must be complied with before the Marine Board can permit him to enter for an examination leading to a qualification for a grade of certificate of competency as an engineering officer are those specified under that grade of certificate as set out in the Schedule.
Qualifying service in non-trading vessels
5. -(1) Where a person has completed seagoing service in non-trading vessels, that service shall be assessed by the Marine Board to determine whether, in the Board's opinion, that person has sufficient qualifying seagoing service to entitle him to enter for an examination leading to a qualification for a grade of certificate of competency as an engineering officer.
(2) In carrying out an assessment under sub-regulation (1) the Marine Board shall have regard to the type of qualifying seagoing service required in respect of entitlement to be admitted to the relevant examination and the reasons for that requirement.
(3) To enable the Marine Board to make an assessment under sub-regulation (1) the applicant shall provide to the Board full details of his qualifying service, position and duties performed.
Remission of seagoing services for engineering cadets
6. -(1) The Marine Board shall -
(a) remit the period of qualifying seagoing service required by a person (in this regulation referred to as the "engineering cadet") for the purpose of being entitled to be admitted to Part B of the examination leading to a qualification for a Grade 3 Engineer and a Grade 4 Engineer certificate of competency; and
(b) exempt the engineering cadet from Part A of the examination leading to a qualification for a Grade 3 Engineer and a Grade 4 Engineer certificate of competency,
where the Board is satisfied that -
(c) the engineering cadet has satisfactorily completed the training programme referred to in sub-regulation (2);
(d) the engineering cadet is the holder of an Engineering Cadet Certificate;
(e) the engineering cadet has a satisfactorily completed an Engineering Cadet's Record Book; and
(f) the engineering cadet, after completing the training programme referred to in sub-regulation (2), has completed at least 3 months seagoing service on watchkeeping duties on vessels of at least 400KW propulsion power.
(2) Subject to sub-regulation (3), the training programme referred to in paragraph (1) (c) shall be a programme of a length and content approved by the Marine Board.
(3) The Marine Board shall not approve a training programme under sub-regulation (2) unless the programme is for a period of at least 3 years and includes phased periods of training both -
(a) aboard ship; and
(b) in an approved shore based establishment,
where -
(c) the aboard ship period of the programme -
(i) totals at least 12 months watchkeeping experience on engines of at least 400KW propulsion power; and
(ii) includes the satisfactory completion by the cadet of approved assignments under the supervision of the training establishment conducting the shore based phase of the engineering cadet's training; and
(d) the shore based period of the programme includes a final period of at least 26 weeks during which the subjects included in the syllabus for Part A of the examination leading to a qualification for a Grade 3 Engineering Certificate of Competency are studied.
(4) The engineering cadet's experience referred to in sub-paragraph (2)(c)(i) shall be recorded in the cadet's Engineering Cadet's Record Book by the Chief Engineer or other duly qualified officer of the vessels in which the seagoing service is performed.
(5) On completion of the training programme referred to in sub-regulation (2) the engineering cadet shall enter for an examination -
(a) set by the training establishment in which he did his shore based training; and
(b) monitored by the Marine Board.
(6) Where the training establishment in which an engineering cadet did his shore based training is satisfied that the cadet -
(a) has satisfactorily completed the training programme referred to in sub-regulation (2);
(b) has passed the examination referred to in sub-regulation (5); and
(c) is of good conduct and character,
it shall issue the cadet with a certificate to be known as an Engineering Cadet Certificate.
Special provision where qualifying service is subsequently found to be insufficient
7. -(1) Subject to subsection (2), if after a person has passed an examination leading to a qualification for a grade of certificate of competency as an engineering officer but before that certificate is issued to him, it is found that his qualifying seagoing service was insufficient to entitle him to enter for that examination, the Marine Board shall not issue the certificate of competency to him.
(2) If, in the circumstances referred to in sub-regulation (1), it is proved to the satisfaction of the Marine Board that the error in the calculation of the person's qualifying seagoing service did not occur through any fault or wilful misrepresentation on his part the Marine Board shall issue him with an appropriate certificate of competency when he has made up the deficiency in his qualifying seagoing service.
Insufficient qualifying service
8. -(1) If a person's qualifying seagoing service for the purpose of being entitled to enter for an examination leading to a qualification for a grade of certificate of competency as an engineering officer is deficient by a period not exceeding 3 months the Marine Board may permit him to enter for the examination if, in its opinion, this is justified in view of the infrequency of examinations for that grade of certificate.
(2) Where a person passes an examination after being permitted to enter for it in the circumstances referred to in sub-regulation (1) the Marine Board shall not issue the certificate of competency appropriate to that examination to that person until he has made up the deficiency in his qualifying seagoing service.
Steamship and motor vessel endorsements
9. -(1) Where the holder of a certificate of competency as an engineering officer has omitted to take an examination in accordance with sub-regulation 7(1) of the Marine (Certificates of Competency (Examination Syllabuses) (Engineering Officers)) Regulations, 1989 the Marine Board shall endorse that certificate as limited to service either on a steamship or a motor vessel, as the case may be.
(2) Where the holder of a certificate of competency endorsed in accordance with sub-regulation (1) subsequently passes the prescribed examination leading to a qualification to serve on a steamship or a motor vessel, as the case may be, the Marine Board shall endorse his certificate accordingly.
(3) A person is not entitled to enter for an examination referred to in sub-regulation (2) unless he has completed at least 6 months seagoing service on an approved steamship or motor vessel, as the case may be.
(4) For the purpose of sub-regulation (3) the prescribed examinations are those prescribed in sub-regulation 7(3) of the Marine (Certificates of Competency (Examination Syllabuses) (Engineering Officers)) Regulations, 1989.
Dated at Suva this 3rd day of May 1989.
A.V. TORA
Minister for Communication, Works and Transport
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Reg. 4
SCHEDULE
QUALIFYING PREREQUISITES FOR ENTRY TO EXAMINATION FOR A GRADE OF CERTIFICATE OF COMPETENCY AS AN ENGINEERING OFFICER
Engineer Grade 1
Minimum age - None
Prerequisite Certificate - Engineer Grade 2 or equivalent acceptable to the Marine Board, but neither need be currently valid for seagoing service.
Qualifying seagoing service - Part B of Qualifying examination only - The applicant must have completed at least 36 months at sea as an engineer on vessels of not less than 400KW propulsion power with not less than 24 months of that period being served on ships of not less than 750KW propulsion power while he was holding a certificate as Engineer Grade 3 and with not less than 12 months of that period being served while he was in charge of watch of vessels of not less than 750KW propulsion power.
Part B only - Part B of the qualifying examination cannot be taken until Part A of the qualifying examination for this grade of certificate of competency has been passed.
Engineer Grade 2
Minimum age - None
Prerequisite Certificate - Engineer Grade 3 or equivalent acceptable to the Marine Board, but neither need by currently valid for seagoing service.
Qualifying seagoing service - Part B of qualifying examination only - The applicant must have completed at least 24 months at sea as an engineer on vessels of not less than 400 KW propulsion power with not less than 12 months of that period being served on vessels of not less than 750KW propulsion power while he was holding a certificate as Engineer Grade 3.
Part B only - Part B of the qualifying examination cannot be taken until Part A of the qualifying examination for this grade of certificate of competency has been passed.
Engineer Grade 3
Minimum age - 18 years
Prerequisite Certificate - None
Qualifying service - Part B of qualifying examination only - The applicant must have completed at least-
(a) 12 months at sea as an engineer while he was holding a certificate as Engineer Grade 4; or
(b) 12 months at sea as an engineer on vessels of not less than 400 KW propulsion power on completion of an engineering apprenticeship acceptable to the Marine Board; or
(c) a three years programme of training approved by the Marine Board which includes not less than 6 months at sea as trainee engineer.
Part B only - Part B of the qualifying examination cannot be taken until Part A of the qualifying examination for this grade of certificate of competency has been passed.
Engineer Grade 4
Minimum age - 18 years
Prerequisite Certificate - None
Qualifying service - Part B of qualifying examination only. The applicant must have completed at least-
(a) 12 months at sea as an engineer while holding a Certificate as Engineer Grade 5; or,
(b) 12 months at sea as engineer on completion of 3 years of workshop service acceptable to the Marine Board; or
(c) a three years programme of training approved by the Marine Board which includes not less than 6 months at sea as trainee engineer.
Part B only - Part B of the qualifying examination cannot be taken until Part A of the qualifying examination for this grade of Certificate of competency has been passed.
Engineer Grade 5
Minimum age - 18 years
Prerequisite certificate - None
Qualifying service - Part B of qualifying examination only - The applicant must have completed at least a 3 years programme of training approved by the Marine Board which includes -
(a) not less than 1 year at sea in work associated with engine operation; and
(b) not less than 1 year in an engineering workshop.
Part B only - Part B of the qualifying examination cannot be taken until Part A of the qualifying examination for this grade of certificate of competency has been passed.
Engine Operator
Minimum age - 18 years
Prerequisite Certificate - None
Qualifying service - The applicant must have completed at least 3 years marine engineering or mechanical engineering service of which one year must have been seagoing service.
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