Marine Act 1986 - Marine (Manning of Vessels) Regulations 1989

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IN exercise of the powers conferred upon me by sections 56, 98, 99,143 and 212 of the Marine Act, 1986, I have made the following Regulations -

1. These regulations may be cited as the Marine (Manning of Vessels) Regulations, 1989.

2.-(1) The object of these Regulations is to provide a scheme whereby the complement of qualified seamen certain registered vessels must have on board before they proceed to sea are prescribed as required by subsection 98(1) of the Act.

(2) This object is obtained by the established of Marine Committee which, having regard to certain stated criteria, makes recommendations to the Marine Board for the safe manning requirements of each registered vessel.

3.-(1) These Regulations are to be read as one with the Marine (Certificates of Competency and Manning of Vessels) (General) Regulations, 1989, and the other Regulations referred to in those Regulation.

(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.

4.-(1) These Regulations apply to and in respect of the following vessel, namely –

(b) a vessel licensed under the Act to engage in the coasting-trade and which is, in the opinion of the Director, engaged in that trade, that is 10 meters or more in length;

(2) Notwithstanding subregulation (1), these Regulations do not apply to or in respect of the following vessels, namely –

"the Manning Committee" means the Manning Committee established by sub regulation 10(1);

"Resolution A.481 (XII)" means Resolution A.481 (XII) of the International Maritime Organisation adopted on 19 November 1981 (a copy of which Resolution is set forth in Schedule 1).

(2) In these Regulations a reference to an application for a Safe Manning Certificate include a reference to an application for a revalidation of a Safe Manning Certificate and an application for a variation of a Safe Manning Certificate.

6. Neither the owner nor the master of a vessel to which those Regulations apply shall be deemed to have complied with subsection 98(1) of the Act unless at the time of the vessel is sent or taken to sea-

(a) there is carried on board the vessel a Safe Manning Certificate issued by the Marine Board in respect of the vessel; and

(b) there is engaged on the vessel a complement of qualified seamen and other personnel no less than the complement specified in that Safe Manning Certificate having regard to the voyage the vessel is engaged on, and any other matter specified in the Certificate, including any period of validity specified in the Certificate.

7.-(1) An application for a Safe Manning Certificate in respect of a vessel shall be made by the owner of the vessel to the Marine Board on a form provided by the Marine Board for the purpose.

(2) An application under subregulation (1) shall be accompanied by such documents and other information as may be specified by the Marine Board in the application form.

(3) After receipt of an application under subregulation (1) the Marine Board may require the applicant to supply to it further documents and other information relating to the application.

8. The fee payable on an application to the Marine Board for a Safe Manning Certificate is prescribed in the Marine (Fees) Regulations, 1989.

9. On the receipt of an application under subregulation 7(1) and any further documents requested under subregulation 7(3) the Marine Board shall refer the application to the Manning Committee and seek the Committee's recommendation in respect of the safe manning requirements of the relevant vessels.

10.-(1) There is established by this Regulation a Committee to be known as the Manning Committee.

(2) The Manning Committee shall consist of the Director and 4 other members appointed by the Marine Board.

(a) one shall be a public office in the Department administering the Act who holds a certificate of competency as a deck officer;

(b) one shall be a public officer in the Department administering the Act who holds a certificate of competency as an engineering officer;

(c) one shall be the holder of a certificate of competency as a deck officer with extensive seagoing experience in commercial vessels; and

(d) one shall be the holder of a certificate of competency as an engineering officer with extensive seagoing experiencing in commercial vessels.

11.-(1) The Manning Committee shall meet at such dates, times and places as the Director determines by written notice to the other members.

(3) At a meeting of the Manning Committee the attendance of all members shall be necessary for a quorum.

(5) Subject to the other provisions of this regulation, the Manning Committee may otherwise determine its procedures.

12. It is the function of the Manning Committee to consider applications in respect of the safe manning of vessels referred to it by the Marine Board in accordance with regulation 9 and, acting in accordance with these Regulations, to make recommendations to the Marine Board in respect of the applications.

13.-(1) For the purpose of considering an application referred to it by the Marine Board members of the Manning Committee may-

(a) go on board any vessel where it is relevant to the consideration of the application to do so;

(b) require any person to answer questions relating to the subject matter of the application; and

(c) require the production of any document or certificate relevant to the application.

(a) hinder or obstruct a member of the Manning Committee when considering an application referred to it by the Marine Board;

(b) fail to answer fully and truthfully a question put to him by a person acting in accordance with paragraph (1)(b);or

(c) fail to produce any document or certificate he has in his possession or under his control when requested to do so by a person acting in accordance with paragraph (1)(c).

14.-(1) As soon as practicable after an application has been referred to it by the Marine Board under regulation 9 the Manning Committee shall meet and shall determine -

(d) the safe use of the equipment and machinery of the vessel incidental to its navigation.

(2) Subject to subregulation (3), in making a determination under subregulation (1) the Manning Committee shall -

(a) have regard to the Principles of Safe Manning as contained in Resolution A.481 (XII);

(iii) in respect of ratings and other personnel – in Part 3, of Schedule 2; and

(c) where appropriate, comply with the requirements of the Marine (Certificate of Competency (Tankers and Dangerous Cargoes)) Regulations, 1989.

(3) Subject to subregulation (4), in addition to the requirements referred to in subregulation (2) the Manning Committee shall ensure that the crew of a vessel contains the number of survival trained seamen specified in Part 4 Schedule 2.

(4) Subregulation (3) does not apply to a vessel in the Harbours and Rivers Service.

(5) In sub regulation (3) a survival trained seamen means a seamen other than the master or a deck officer who holds a certificate in respect of the Survival (Limited) or Survival (Full) Supplementary Courses.

15.-(1) Subject to sub regulation (2), the Marine Board shall not issue a Safe Manning Certificate except with, and in accordance with, the recommendations of the Manning Committee.

(2) The Marine Board shall not issue a Safe Manning Certificate which is not in accordance with the recommendations of the Manning Committee except where the Board is satisfied -

(a) that the Manning Committee has failed to comply with any criteria referred to in sub regulation 14(2); or

(b) that, in view of a vessel's size and the conditions of its voyage, the application of any minimum manning requirement specified in Schedule 2 is unreasonable or impracticable.

16. The Marine Board shall, when issuing a Safe Manning Certificate, ensure that the Certificate complies with the requirements specified in Annex 1 to Resolution A. 481(XII).

17. The Marine Board shall published in the Gazette details of each Safe Manning Certificate it issues.

18.-(1) The Marine Board may, on the application of the owner of a vessel grant a dispensation from the manning requirements in respect of that vessel as specified in the vessel's Safe Manning Certificate.

(2) In granting a dispensation under sub regulation (1) the Marine Board shall comply with the following conditions, namely -

(a) it shall not grant a dispensation except in the case of exceptional necessity;

(b) it shall not grant a dispensation except where it is satisfied that to do so would not cause danger to persons, property or the environment;

(c) the dispensation shall be in respect of a specified seafarer in a specified vessel for a specified period not exceeding 6 months;

(d) the Marine Board shall first satisfy itself that the person in respect of whom the dispensation is issued is adequately qualified to fill the position in a safe manner;

(e) that dispensations are not granted in respect of masters and chief engineers except in the case of force majeure and then only for the shortest possible period;

(f) dispensations shall not be issued except to a person who is qualified to fill the post immediately below that in respect of which the dispensation is issued;

(g) where a certificate of competency is not required for the post below, as specified in paragraph (f), the Marine Board may accept equivalent qualifications or required the person concerned to undergo a test;

(h) if an application to renew a dispensation is made it shall not be renewed except after the person concerned undergoes an oral examination by the Marine Board or a person appointed by it for the purpose.

(3) The fee for a dispensation is prescribed in the Marine (Fees) Regulations, 1989.

(a) a vessel to which this Regulation applies was in existence on the date this Regulation came into force; and

(b) within 6 months of that date an application is made in accordance with regulation 7 for a Safe Manning Certificate in respect of the vessel,

then, until a Safe Manning Certificate is issued in respect of that vessel the master and owner of the vessel shall be deemed to be complying with subsection 98(1) of the Act if the vessel is sent or taken to sea with the same complement of qualified seamen on board as the complement of qualifies seamen on board as the complement that was applicable immediately before this Regulation came into force.

RECALLING Article 16(i) of the Convention on the Inter-Governmental Maritime Consultative Organization,

RECALLING FURTHER Article 29(a) of that Convention which requires the Maritime Safety Committee to consider, inter alia, the manning of seagoing ships from a safety standpoint,

NOTING that safe manning is a function of the number of qualified or experienced seafarers necessary for the safety of the ship, crew, passengers, cargo and property and for the protection of the marine environment,

RECOGNIZING the importance of the requirements of the pertinent instruments adopted by ILO, IMCO, ITU and who for maritime safety and protection of the marine environment and, in particular, the ILO Merchant Shipping (Minimum Standards) Convention, 1976 (No. 147) and the International Convention on Standards of Training, Certificate and Watchkeeping for Seafarers, 1978,

BEING AWARE that the ability of seafarers to maintain observance of these requirements is dependant upon their continued efficiency through conditions relating to training, hours of work and rest, occupational safety, health and hygiene and the proper provision of food,

BELIEVING that international acceptance of broad principles as a framework for administrations to determine the safe manning of ships would materially enhance maritime safety,

HAVING CONSIDERED the recommendation made by the Maritime Safety Committee at its forty-fourth session,

1. URGES Member Governments to take the necessary steps to ensure that every seagoing ship to which the International Convention on Standards of Training, Certification and Watchkeeping for Seafarers, 1978, applies carries on board at all times a document issued by the Administration specifying the minimum safe manning required for such ship and containing the information given in Annex I to this resolution;

2. URGES FURTHER that Member Governments when exercising port State control functions under international conventions in force with respect to a foreign ship visiting their ports, should regard compliance with such a document as evidence that the ship is safely manned;

3. RECOMMENDS that, in establishing the minimum safe manning for each such ship, Administrations observe the following broad principles and take into account the guidelines set out in Annex 2 to the present resolutions which provide the capability to:-

(a) Maintain a safe navigational watch in accordance with Regulation 11/1 of the 1978 STCW Convention and also maintain general surveillance of the ship;

(c) Operate all watertight closing arrangements and maintain them in effective condition and also deploy a competent damage control party;

(d) Operate all on-board fire equipment and life-saving appliances, carry out such maintenance of this equipment as is required to be done at sea, and muster and disembark passengers, non-essential personnel and other crew members;

(e) Manage the safety functions of the ship when employed in stationary or near-stationary mode at sea;

(f) Maintain a safe engineering watch at sea in accordance with Regulation III/I of the 1978 STCW Convention and also maintain general surveillance of spaces containing main propulsion or auxiliary machinery;

(g) Operate and maintain in a safe condition the main propulsion and auxiliary machinery to enable the ship to overcome the foreseeable perils of the voyage;

(h) Maintain the safety arrangements and the cleanliness of all accessible spaces to minimize the risk of fire;

4. RECOMMENDS ALSO that, in applying such principles, Administrations take proper account of the existing ILO, IMCO, ITU and WHO instruments in force which deal with;

5. RECOMMENDS FURTHER that the following on-board functions, when applicable, should be taken into account;

(a) On-going training requirements for all personnel including the operation and use of fire-fighting, emergency and life-saving equipment and watertight closing arrangements;

(b) Specialized training requirements for particular types of ships, e.g. oil, chemical and liquefied gas tankers;

(c) Encouragement of the carriage of entrant seafarers to allow them to gain the training and experience required by the 1978 STCW Convention;

The following information should be stated in the document, in whatever form, which is issued by the Administration specifying minimum safe manning. If the language used is not English the information given should include a translation into English:

1. a clear statement of the ship's name, its port of registry and its distinctive number or letters;

2. a table showing the numbers and grades of the personnel required to be carried, together with any special conditional or other remarks;

3. a formal statement by the Administration that, having regard to the principles and guidelines set out in this resolution and in Annex 2, the ship named in the document is considered to be safely manned if, whenever it proceeds to sea, it carries not less than the numbers and grades of personnel shown in the document, subject to any special conditions stated therein;

4. a statement as to any limitations of the validity of the document by reference to particulars of the individual ship and the nature of service upon which it is engaged;

5. the date of issue and any expiry date of file document together with a signature for the seal of the Administration.

1.1 These Guidelines should be used in applying the basic principles of safe manning to ensure the safe operation of ships covered by Article III of the 1978 STCW Convention. This application may differ depending upon such factors as:

.1 voyage description including trade or trades in which the ship is involved, length and nature of voyage, and waters;

1.2 These Guidelines are applicable only to masters and to officers and ratings in the deck and engine departments.

1.3 In applying these Guidelines an Administration should bear in mind that there should be a sufficient number of qualified personnel to meet peak work-load situations and conditions with due regard to the number of hours of shipboard duties and rest periods that my be assigned to a seafarer.

1.4 An Administration may retain or adopt arrangements which differ from the provisions herein recommended and which are especially adapted to Technical developments and to special types of ships and trades. However, at all times and Administration should satisfy itself that the detailed manning arrangements ensure a degree a safety at least equivalent to that established by these guidelines.

Principle: The capability to maintain a safe navigational watch in accordance with Regulation II/I of the 1978 STCW Convention and also to maintain general surveillance of the ship.

2.1 In addition to navigational and collision avoidance duties, the officer in charge of the navigational watch who is in effective control of the ship should exercise general surveillance over the ship and should take all possible precautions to avoid pollution of the marine environment. This surveillance will include, for example, investigation of evidence of fire and unusual noises, security of cargo, general safety of crew members when working in exposed locations, the general watertight integrity of the ship and action in the event of man overboard.

2.2 The bridge watch should consist of at least one officer qualified to take charge of a navigational watch and at least one qualified or experienced seaman provided that:

.1 the watch complies with the requirements of Regulation II/I of the 1978 STCW Convention, particularly paragraphs 4 and 9;

.2 when an automatic pilot is used, the helmsman may be released for other duties subject to the provisions of Regulation 19, Chapter V of the 1974 SOLAS Convention;

.3 except in ships of limited size the provision of qualified deck officers should be such that is it not necessary for the master to keep regular watches;

2.3 Where the bridge watch consists of one officer and one seaman, there should be the capability to provide further assistance at any time if the officer of the watch requires additional help. Such assistance should be readily available and fit for duty.

3.1 The number of persons required for mooring a ship varies from very few, in respect of a ship fitted with sophisticated mooring equipment, to a large number in ships where it is necessary to manhandle ropes and wires.

3.2 At each end of the ship there should be sufficient persons to enable them to accept and effectively secure a tug and to send away, tension and secure lines and backsprings. Any necessary operations should be capable of being performed at bow and stern simultaneously. All other moorings required are solely a function of time and not of additional manpower.

3.3 Where a ship is regularly trading to a port or port where the mooring operation is known to be particularly exacting in terms of manpower, suitable provision of extra personnel should be made.

3.4 Details of any operations in which a ship is required to adopt a sophisticated mooring pattern involving the use of anchors should be clearly established. It will then be possible to identify simultaneous operations and enable adequate manpower to be provided for the peak workload.

3.5 If a ship is required to moor to another when both are underway, as in the case of some lightening operations, the workload involved should be analysed and manpower provided for the peak workload condition.

3.6 In cases where a number of variations of mooring procedures are required to be performed or where any unusual or onerous operations may be contemplated, each should be evaluated in terms of the manpower necessary for its safe accomplishment.

Principle:

The capability to operate all watertight closing arrangements and maintain them in effective condition and also to deploy a competent damage control party.

4.1 Assessment should commence with an examination of the ship’s plans to identify the areas where the watertight integrity of the ship is effected by means of closing appliances.

4.2 The demand of each closing appliance or system of closing appliances should be evaluated in terms of the physical workload required for its operation during an emergency or with the onset of heavy weather.

4.3 A damage control party composed of assigned personnel with appropriate skills should be available to respond to emergencies involving damage or loss of watertight integrity.

Principle:

The capability to operate all on–board fire equipment and life-saving appliances to carry out such maintenance of this equipment as is required to be done at sea and to master and disembark passengers, non-essential personnel and other crew members.

5.1 The application of this principle varies in accordance with the diversity and range of equipment involved. The manpower requirement can be decided only by considering their workload in a particular ship.

5.2 Each ship should have an emergency organization which will include the allocation of personnel for fire parties, boat preparation parties and man overboard emergencies. A list of duties should be posted on board and the crew exercised in emergency drills in accordance with the requirements of the 1974 SOLAS convention.

5.3 In the case of ships carrying a large number of passengers in proportion to crew, the manpower required is usually dictated by emergency situations where passengers need to be mustered and disembarked in an orderly manner. This is dependent upon the internal arrangement of the ship, the equipment fitted and the maximum number of persons involved. The most demanding phase in regard to manpower requirements is normally either the initial emergency phase or the abandon ship phase. Both phases should be carefully considered.

5.4 The master and all crew members have a duty to assist in any emergency affecting the ship or in rendering assistance to persons on other ships in distress.

Principle:

The capability to manage the safety functions of the ship when employed in a stationary or near-stationary mode at sea.

6.1 At present such ships are mainly concerned with the offshore exploration and development activities where by the nature of their operations they may carry a large number of specialized personnel with limited knowledge of the maritime environment. It is important that such ships carry a nucleus of adequately trained marine crew to instruct the specialized personnel in the use of safety equipment and evacuation procedures and to assist in the event of an emergency.

6.2 Support services for specialized personnel and their particular requirement should be so arranged as to avoid making demands upon the marine crew, which are unrelated to safety.

6.3 All personnel carried on board should be organized and practiced in the actions to be taken in typical emergency situations. Some of these emergency situations will involve their specialist activities.

Principle:

The capability to maintain a safe engineering watch at sea in accordance with Regulation III/I of the 1978 STCW Convention and also to maintain general surveillance of spaces containing main propulsion and auxiliary machinery.

7.1 The designated duty engineer officer is in effective charge of the engineering watch and should exercise general surveillance over the main propulsion machinery, essential ship's equipment and systems necessary for the safe operation of the ship's main plant and auxiliary machinery and avoidance or pollution or the marine environment.

7.2 The engineering watch should consist of not one duly qualified engineer officer and may include appropriate engine-room ratings; it should be conformed with the requirements of Registration III/I of the 1978 STCW Convention. In designating the number of personnel assigned to engineering watches, account should be taken of the following:

1. the number, size (kW) and type of the main propulsion and auxiliary units over which surveillance is to be maintained and the number of machinery spaces containing these units;

3. except in ships of limited propulsion power the provision of qualified engineer officers should be such that it is not necessary for the chief engineer to keep regular watches;

4. except in ships of limited propulsion power a three watch system should be adopted.

Watch arrangements on ships permitted to operate with a reduced manning level based upon automated or periodically unattended should be consistent with the approval permitting such operation.

7.3 The designed duty engineer officer or other engine room personnel should not be required to keep a watch in an engine room alone or enter the main machinery spaces alone, unless their safety can be confirmed to the navigating bridge at frequent intervals, either by means of monitoring system or other equivalent method acceptable to the Administration.

Principle:

The capability to operate the main propulsion and auxiliary machinery and maintain it in a safe condition to enable the ship to overcome the foreseeable perils of the voyage.

1. operate the main propulsion machinery, essential ship’s equipment and systems necessary for the safe operation of the ship’s main plant and auxiliary machinery and to carry out routine maintenance of such machinery, equipment and systems;

2. meet the possible need to continue the safe operation of the ship for a limited period on a manually operated basis, in the event of an automation or instrumentation failure.

Principle:

The capability to maintain the safety arrangements and the cleanliness of machinery spaces to minimize the risk of fire.

9.1 There should be a sufficient number of designated personnel available to ensure adequate cleanliness of machinery spaces.

9.2 Manning systems may exist whereby crew members, who are not permanently assigned to the engine room complement, are given training in certain engine room duties and work in the engine room for specified limited periods.

9.3 Such maintenance as is required to be done at sea should be carried out on engine room fire-fighting, fire detection and fire prevention equipment.

This Schedule prescribes the minimum grade of certificate of competency required for the respective position on vessels to which these Regulations apply, for vessels engaged in the relevant operations.

Ship-Gross Tonnage (Length)	Master	Chief Mate	2nd Mate	3rd Mate
1600 GT and over (80m length and over) less than 1600 GT (less than 80m length)	Grade 1 (Master) Grade 2 (Master)	Grade 2 (Mate) Grade 2 (Mate)	Grade 3 (Mate) Grade 3 (Mate)	Grade 3 (Mate) Grade 3 (Mate)

Ship-Gross Tonnage (Length)	Master	Chief Mate	2nd Mate	3rd Mate
1600 GT and over (80) length and over) less than 1600 GT (less than 80m length)	Grade 2 (Master) Grade 3 (Master)	Grade 2 (Mate) Grade 3 (Mate)	Grade 3 (Mate) Grade 4 (Mate)	Grade 4 (Mate)

Ship-Gross Tonnage (Length)	Master	Chief Mate	2nd Mate	3rd Mate
1600 GT and over (80m length and over) 1000 GT- 1600 GT (60-80m length) 200GT- 1000 GT (35m-60m length) less than 200GT (less than 35m length)	Grade 2 (Master) Grade 3 (Master) Grade 4 (Master) Grade 5 (Master)	Grade 2 (Mate) Grade 3 (Mate) Grade 4 (Mate) Grade 5 (Mate)	Grade 4 (Mate) Grade 4 (Mate)

	Master	Mate
200 GT-and over (35m and over) 100GT-200 GT(20m-35m length) less than 100 GT	Grade 4 Master Grade 5 Master Sailing Licence	Grade 4 Mate Grade 5 Mate Nil

Propulsion Power	Chief Engineer	Second Engineer	Watchkeeper
3000KW and over 750-2999KW Under 750KW	1 2 2	2 3 3	3 3 4

Propulsion Power	Chief Engineer	Second Engineer	Watchkeeper
3000KW and over 750-2999 KW 400-749KW 200-399KW Under 200KW	1 2 3 3 5	2 3 4 5 ..	3 3 .. .. ..

Propulsion Power	Chief Engineer	Second Engineer	Watchkeeper
3000 KW and over 750-2999 KW 400-750 KW 200-399 KW Under 200 KW Under 100 KW	1 2 3 4 5 Engine Operator	2 3 4 5 .. ..	3 4 .. .. .. ..

Size of vessel	Unlimited trade	Pacific region trade	Fiji Island trade
200 gross tonnage and over or 35 metres or over in length Less than 200 gross tonnage or Less than 35 metres in length	1AB 2DW 1AB 1DW	1AB 2DW 1AB 1DW	1AB 1DW 1DW

Propulsion power of vessels	Unlimited trade	Pacific region trade	Fiji Islands trade
750KW or more 200KW or more but under 750KW Under 200KW	3EW 2EW 1EW	3EW 2EW ..	2EW 1EW ..

	Minimum number of other crew required under the safe manning certificate.	Number of qualified cooks required
	10 or more but less than 20 20 or more	1 2

A qualified cook means a person who holds a Certificate of Approved Trade Test for Cooks Class 3 issued by the Fiji National Training Council, or an equivalent Certificate approved by the Marine Board

For each lifeboat on the vessel	- 3 seamen holding certificates in respect of the Survival (Full) Supplementary Course
For each inflatable liferaft or inflatable buoyant apparatus or approved boat on the vessel	- 1 seamen holding a certificate in respect of the Survival (Limited) Supplementary Course

In respect of any vessel licensed to carry not less than 40 passengers the number of survival trained seamen required to be carried shall be additional to any Certificated Deck or Engineer Officer holding a Survival Course Certificate.

Fiji Subsidiary Legislation

Marine Act 1986 - Marine (Manning of Vessels) Regulations 1989