Merchant Shipping Law MERCHANT SHIPPING (CERTIFICATION,

CAYMAN ISLANDS Merchant Shipping Law MERCHANT SHIPPING (CERTIFICATION, SAFE MANNING, HOURS OF WORK AND WATCHKEEPING) REGULATIONS (2004 Revision) Supplement No. 6 published with Gazette No. 16 of 9th August, 2004. PUBLISHING DETAILS Revised under the authority of the Law Revision Law (1999 Revision). The Merchant Shipping (Certification, Safe Manning, Hours of Work and Watchkeeping) Regulations, 2002 made the 11th June, 2002. Consolidated with the Merchant Shipping (Certification, Safe Manning, Hours of Work and Watchkeeping) (Amendment) Regulations, 2003 made the 1st July, 2003. Consolidated and revised this 6th day of July, 2004. Page 2 Revised as at 6th day of July, 2004 c Merchant Shipping (Certification, Safe Manning, Hours of Work and Watchkeeping) Regulations Arrangement of Regulations CAYMAN ISLANDS Merchant Shipping Law MERCHANT SHIPPING (CERTIFICATION, SAFE MANNING, HOURS OF WORK AND WATCHKEEPING) REGULATIONS (2004 Revision) Arrangement of Regulations Regulation Page PART I - INTRODUCTORY 1. Citation ......................................................................................................................................7 2. Definitions ..................................................................................................................................7 3. Application ............................................................................................................................... 10 PART II - CERTIFICATION AND RECOGNITION OF CERTIFICATES 4. Qualifications as an officer ....................................................................................................... 11 5. Recognition of certificates ........................................................................................................ 11 6. Issue of endorsements attesting to recognition and transitional arrangements ......................... 12 7. Appropriate certificates ............................................................................................................ 13 8. Ratings and holders of other qualifications ............................................................................... 14 9. Radiocommunications and radio personnel on GMDSS ships .................................................. 15 10. Training and qualifications of masters and seamen on tankers ................................................ 15 11. Training and qualifications of masters and seamen on ro-ro passenger ships .......................... 16 12. Training and qualifications of masters and seamen on passenger ships other than ro-ro passenger ships ...................................................................................................................... 17 13. Training and qualifications of masters and seamen on high-speed craft ................................... 18 14. Familiarisation and basic safety training, etc., for all seafarers ................................................. 18 c Revised as at 6th day of July, 2004 Page 3 Merchant Shipping (Certification, Safe Manning, Hours of Work and Arrangement of Regulations Watchkeeping) Regulations 15. Requirements for the holding of certificates of proficiency in survival craft and rescue boats ....................................................................................................................................... 18 16. Requirements for training in advanced fire-fighting .................................................................. 19 17. Requirements relating to medical first aid and medical care ..................................................... 20 18. Issue, form, validity, record and surrender of endorsements .................................................... 20 19. Loss of endorsements ............................................................................................................. 21 PART III - HOVERCRAFT 20. Application to hovercraft .......................................................................................................... 21 21. Requirements for the training of hovercraft personnel .............................................................. 21 22. Application of Part III to endorsements .................................................................................... 21 23. Exemption from hovercraft requirements ................................................................................. 21 PART IV - SAFE MANNING 24. Responsibilities of companies, masters and others .................................................................. 22 25. Safe manning document .......................................................................................................... 23 26. Dispensations .......................................................................................................................... 24 PART V - HOURS OF WORK 27. Application of Part V ................................................................................................................ 25 28. General duty of company, employers and masters regarding hours of work ............................ 25 29. Duties of seafarers regarding rest periods ............................................................................... 25 30. Schedules of duties and need to maintain records ................................................................... 25 31. Exceptions for emergencies ..................................................................................................... 27 32. Duty to carry copy of regulations .............................................................................................. 27 33. Failure to comply with provisions relating to hours of work and rest ......................................... 28 PART VI - WATCHKEEPING 34. Watchkeeping arrangements ................................................................................................... 28 35. Watchkeeping arrangements in port ........................................................................................ 28 36. Watchkeeping arrangements in port for ships carrying hazardous cargo .................................. 28 PART VII - MISCELLANEOUS 37. Prohibition on the employment of young persons ..................................................................... 29 38. Carriage of STCW certificates and documents......................................................................... 29 39. Inspection of ships ................................................................................................................... 29 40. Power to detain ........................................................................................................................ 31 41. Parity of treatment of STCW ships and non-STCW ships ......................................................... 31 42. Maintenance of register of certificates and endorsements issued and provision of information relating thereto ...................................................................................................... 31 43. Offences .................................................................................................................................. 32 44. Requirements for pleasure vessels in commercial use ............................................................. 33 45. Exemptions .............................................................................................................................. 33 Page 4 Revised as at 6th day of July, 2004 c Merchant Shipping (Certification, Safe Manning, Hours of Work and Watchkeeping) Regulations Arrangement of Regulations FIRST SCHEDULE 35 SECOND SCHEDULE 38 THIRD SCHEDULE 40 FOURTH SCHEDULE 44 FIFTH SCHEDULE 45 c Revised as at 6th day of July, 2004 Page 5 Merchant Shipping (Certification, Safe Manning, Hours of Work and Watchkeeping) Regulations Regulation 1 CAYMAN ISLANDS Merchant Shipping Law MERCHANT SHIPPING (CERTIFICATION, SAFE MANNING, HOURS OF WORK AND WATCHKEEPING) REGULATIONS (2004 Revision) PART I - INTRODUCTORY 1. Citation 1. These regulations may be cited as the Merchant Shipping (Certification, Safe Manning, Hours of Work and Watchkeeping) Regulations (2004 Revision). 2. Definitions 2. (1) In these regulations — “appropriate certificate” means — (a) in relation to Cayman Islands ships, a certificate issued and endorsed by or under the authority of an STCW country and recognised in accordance with these regulations entitling the lawful holder to serve in the capacity and perform the functions involved at the level of responsibility specified therein on a ship of the type, tonnage or power and means of propulsion indicated by the endorsement while engaged on the particular voyage concerned; and c Revised as at 6th day of July, 2004 Page 7 Merchant Shipping (Certification, Safe Manning, Hours of Work and Regulation 2 Watchkeeping) Regulations (b) in relation to other ships, an appropriate certificate as defined in the STCW Convention; “approved” (and “approved” in the STCW Convention so far as given effect by these regulations) means approved by the Minister; “area A1”; “area A2”; “area A3”; and “area A4”, have the meanings assigned to “Sea area A1”, “Sea area A2”, “Sea area A3” and “Sea area A4” in Regulation 2, Chapter IV of the Safety Convention; “authorised person” means a person authorised by the Minister for the purposes of these regulations; “Cayman Islands ship” has the meaning given in section 2(1), and “non- Cayman Islands ship” means a ship that is not a Cayman Islands ship; “certificate of competence” means an appropriate certificate for the purposes of regulations 4 and 5; “chemical tanker” means a ship constructed or adapted and used for the carriage in bulk of any liquid product listed in Chapter 17 of the IBC Code; “company” includes an individual, and in relation to a ship means the owner of the ship or any other organisation or person such as the manager, or the demise charterer, who has assumed the responsibility for the operation of the ship from the owner and who, on assuming such responsibility, has agreed to take over all the duties and responsibilities imposed on the company by the Regulations annexed to the STCW Convention; “constructed” means a craft the keel of which is laid or which is at a similar stage of construction; and “similar stage of construction” means a stage at which — (a) construction identifiable with a specific craft begins; and (b) assembly of that craft has commenced comprising at least fifty tonnes or one per cent of the estimated mass of all structural material, whichever is the less; “GT” means gross tonnage as defined in the tonnage regulations; “high speed craft” means a craft capable of a maximum speed equal to or exceeding — 3.7 0.1667 metres per second, where  is the displacement corresponding to the design waterline (m3); “IBC Code” means the 1994 Edition of the International Code for the Construction and Equipment of Ships Carrying Dangerous Chemicals in Bulk, published by the IMO; “IGC Code” means the 1993 Edition of the International Code for the Construction and Equipment of Ships Carrying Liquefied Gases in Bulk, published by the IMO; Page 8 Revised as at 6th day of July, 2004 c Merchant Shipping (Certification, Safe Manning, Hours of Work and Watchkeeping) Regulations Regulation 2 “IMO” means the International Maritime Organization; “length” has the meaning given in the tonnage regulations; “Licence” means the Licence issued under regulation 6(8); “liquefied gas tanker” means a ship constructed or adapted and used for the carriage in bulk of any liquefied gas or other product listed in Chapter 19 of the IGC Code; “management level” means the level of responsibility associated with — (a) serving as master, chief mate, chief engineer or second engineer of a sea- going ship; and (b) ensuring that all functions within the designated area of responsibility are properly performed; “MARPOL” means the International Convention for the Prevention of Pollution from Ships, 1973 as modified by the Protocol of 1978 relating thereto and its Annexes and Protocols, together with any other Protocols and Amendments relating thereto that may be in effect for the Islands; “near-coastal voyage” means a voyage during which the ship is never more than forty miles from any of the Cayman Islands; “officer” means a person carried in a ship in the capacity of an officer under the terms of the safe manning document issued in respect of that ship; “oil” means petroleum in any form including crude oil, fuel oil, oil refuse and refined products, other than oil-like substances which are listed in paragraph 7 of the Unified Interpretations of Annex II to MARPOL and relating to Regulation 14 of that Annex; “oil tanker” means a ship constructed or adapted primarily to carry oil in bulk in its cargo spaces and includes a combination carrier when it is carrying a cargo or part cargo of oil in bulk; “propulsion power” means the total maximum continuous rated output power in kilowatts of all the ship’s main propulsion power which appears on the ship’s certificate of registry or other official document; “Radio Regulations” means the Radio Regulations annexed to, or regarded as being annexed to, the most recent International Telecommunication Convention which may be in force at any time; “rating” means a member of the ship’s crew other than the master or an officer; “ro-ro passenger ship” means a passenger ship provided with cargo or vehicle spaces not normally subdivided in any way and extending to either a substantial length or the entire length of the ship in which vehicles or cargo can be loaded or unloaded in a horizontal direction; “Safety Convention” has the meaning given in section 171; c Revised as at 6th day of July, 2004 Page 9 Merchant Shipping (Certification, Safe Manning, Hours of Work and Regulation 3 Watchkeeping) Regulations “seafarer” includes a master, an officer and a rating; “sea-going” means going to sea beyond the limits of the national waters of the Islands; “Secretary-General” means the Secretary-General of the IMO; “STCW Code” means the Seafarer’s Training, Certification and Watchkeeping Code adopted by the 1995 Conference of Parties to the International Convention on the Standards of Training, Certification and Watchkeeping for Seafarers, 1978; “STCW country” means a country which is a party to the STCW Convention; “STCW ship” means a ship entitled to fly the flag of a STCW country and “non-STCW ship” means a ship that is not a STCW ship; “tanker” means a chemical tanker, a liquefied gas tanker or an oil tanker; and “tonnage regulations” means the Merchant Shipping (Tonnage) Regulations, 2002. (2) Any reference to the IBC Code, the IGC Code, the STCW Code, or the STCW Convention shall include reference to any document amending the Code or Convention which is considered by the Minister to be relevant from time to time. 3. Application 3. (1) Subject to subregulation (2) and regulation 20, these regulations apply to — (a) sea-going Cayman Islands ships wherever they may be and non-Cayman Islands ships when in Cayman Islands waters; (b) masters and seamen employed in sea-going Cayman Islands ships; and (c) seafarers employed in pleasure vessels to the extent provided for in regulation 6(7), (8) and (9). (2) These regulations do not apply to — (a) warships and naval auxiliaries or other ships owned or operated by a State and engaged only on Government non-commercial service; (b) fishing vessels; (c) wooden ships of primitive build; or (d) seafarers employed in such ships as are referred to in paragraphs (a) to (c). Page 10 Revised as at 6th day of July, 2004 c Merchant Shipping (Certification, Safe Manning, Hours of Work and Watchkeeping) Regulations Regulation 4 PART II - CERTIFICATION AND RECOGNITION OF CERTIFICATES 4. Qualifications as an officer 4. A person is qualified as an officer for the purposes of section 111(1) if he holds a certificate of competence which has been duly recognised and endorsed in accordance with regulations 5 and 6, in one of the following capacities — (a) master; (b) chief mate; (c) officer in charge of a navigational watch; (d) chief engineer officer; (e) second engineer officer; (f) officer in charge of an engineering watch; (g) radio operator; (h) electrical engineer officer; or (i) electrotechnical engineer officer. 5. Recognition of certificates 5. (1) The Director may, for service on board Cayman Islands ships, recognise a certificate issued by or under the authority of another STCW country to a master, officer or radio operator if he is satisfied — (a) that the requirements of the STCW Convention concerning standards of competence, the issue and endorsement of certificates and record keeping are fully complied with; and (b) that prompt notification will be given to the Director of any significant change in the arrangements for training and certification provided in compliance with the Convention. (2) For the purpose of satisfying himself under subregulation (1), the Director — (a) with respect to the issuing authority, shall take into account any IMO list of STCW countries which, according to the IMO, have given full and complete effect to the STCW Convention; and (b) with respect to verification of the authenticity and validity of a certificate presented for recognition, may — (i) require from the authority which has issued the certificate, copies of its maritime legislation and details of its facilities and procedures concerning the training and certificate of seafarers; and (ii) where deemed necessary, inspect such facilities and procedures. c Revised as at 6th day of July, 2004 Page 11 Merchant Shipping (Certification, Safe Manning, Hours of Work and Regulation 6 Watchkeeping) Regulations (3) Every certificate presented for recognition under this regulation shall be an original, or if that is not practicable, a duly authenticated copy thereof, and where the certificate is in a language other than English, it shall be accompanied by an official translation in English. (4) The Director shall ensure that every seafarer who presents for recognition a certificate of competence which has been issued as certification at the management level has appropriate knowledge of the maritime legislation of the Cayman Islands and proficiency in the English language relative to the functions which he is permitted to perform, in accordance with the requirements set out in the Second Schedule. (5) The information provided and the measures agreed upon under this Part shall be communicated to the Secretary of State of the United Kingdom responsible for shipping for onward transmission to the Secretary-General, within the time prescribed and in the format specified in Section A-I/7, paragraph 3.2 of the STCW Code. (6) No certificate issued by or under the authority of a State that is not a STCW country shall be recognised. (7) The Director may, under this Part, recognise and endorse a certificate of service issued under the repealed Merchant Shipping (Manning of Ships) (Cayman Islands) Regulations, 1989 if such certificates have been re-validated in accordance with regulation I/11 of the Annex to the STCW Convention. 6. Issue of endorsements attesting to recognition and transitional arrangements 6. (1) Subject to subregulation (7) and (8), where the Director recognises a certificate under regulation 5 he shall endorse such a certificate to attest to its recognition. (2) An endorsement attesting to the recognition of a certificate shall be issued as a separate document which shall be in the form set out in the First Schedule and the capacity in which the holder of a certificate is authorised to serve shall be provided in the form of endorsement in the manner provided therein. (3) Each endorsement issued under this regulation attesting to the acceptance of a certificate shall — (a) be assigned a unique number; (b) expire as soon as the certificate endorsed expires or is withdrawn, suspended or cancelled by the party which issued it and, in any case, not more than five years after the date of issue; and (c) remain valid only as long as the certificate to which it attests remains valid. Page 12 Revised as at 6th day of July, 2004 c Merchant Shipping (Certification, Safe Manning, Hours of Work and Watchkeeping) Regulations Regulation 7 (4) The Director may, if circumstances require, allow a seafarer to serve in a capacity other than radio operator, (except as provided in the Radio Regulations), for a period not exceeding three months on board a Cayman Islands ship, while holding an appropriate and valid certificate issued and endorsed by the authority of another STCW country but which has not yet been endorsed so as to render it appropriate for service on board Cayman Islands ships, provided the Director is satisfied that application for an endorsement has been duly submitted. (5) An endorsement or other document issued by or under the authority of an STCW country in recognition of, or attesting to, the recognition of a certificate by or under the authority of another STCW country shall not be used as the basis for recognition by the Director. (6) The Director may, at any time, revoke or cancel an endorsement or Licence granted under this regulation where he has clear grounds for believing that the holder of the certificate has — (a) committed a violation of any provision of the Law or any regulations made thereunder; (b) committed an offence under the laws of the Cayman Islands; or (c) failed to maintain the required standard of medical fitness. (7) The Director may recognise certificates other than those recognised under regulation 5 solely in respect of seafarers serving on board Cayman Islands ships referred to in regulation 3(1)(c). (8) Where the Director recognises a certificate referred to in subregulation (7), he may issue a Licence in a form prescribed by him to attest to its recognition. (9) Regulations 5(3) and (4) and 6(3), (4), (5) and (6) apply to Licences as may be appropriate. 7. Appropriate certificates 7. A master or officer shall hold an appropriate certificate for the capacity in which he serves, as set out in the Table below. c Revised as at 6th day of July, 2004 Page 13 Merchant Shipping (Certification, Safe Manning, Hours of Work and Regulation 8 Watchkeeping) Regulations TABLE OF APPROPRIATE CERTIFICATES DECK DEPARTMENT Officer in charge of a navigational watch on any ship on voyages not limited to near coastal voyages. Master or chief mate on a ship of 3000 GT or more. Master or chief mate on a ship of 500 GT or more and less than 3000 GT. Officer in charge of a navigational watch on a ship of less than 500 GT engaged on near-coastal voyages. Master of a ship of less than 500 GT engaged on near-coastal voyages. ENGINE DEPARTMENT Officer in charge of an engineering watch in a manned engine room, or designated duty engineer officer in a periodically unmanned engine-room, on a ship powered by main propulsion machinery of 750 kW propulsion power or more. Chief engineer officer or second engineer officer on a ship powered by main propulsion machinery of 3000 kW propulsion power or more. Chief engineer officer and second engineer officer on a ship powered by main propulsion machinery of between 750 and 3000 kW propulsion power. 8. Ratings and holders of other qualifications 8. (1) Every rating forming part of a navigational watch on a ship of 500 GT or more, other than ratings under training and ratings whose duties while on watch are of an unskilled nature, shall hold a certificate referred to herein as a “Navigational Watch Rating Certificate” issued in accordance with Regulation II/4 of the Annex to the STCW Convention, by the Director or by or under the authority of another STCW country. (2) Every rating forming part of an engine-room watch or designated to perform duties in a periodically unmanned engine-room on a ship powered by main propulsion machinery of 750 kW propulsion power or more, other than ratings under training and ratings whose duties are of an unskilled nature, shall hold a certificate, referred to herein as an “Engine Room Watch Rating Certificate”, issued in accordance with Regulation III/4 of the Annex to the STCW Convention by the Director or by or under the authority of another STCW country. (3) Any person designated to perform watchkeeping duties in a manned or periodically unmanned engine-room on a ship powered by main propulsion machinery of 350 kW power, or more, but less than 750 kW shall be the holder of one of the engineering certificates referred to in regulation 7 or be the holder of an appropriate certificate in compliance with criteria specified by the Director. Page 14 Revised as at 6th day of July, 2004 c Merchant Shipping (Certification, Safe Manning, Hours of Work and Watchkeeping) Regulations Regulation 9 9. Radiocommunications and radio personnel on GMDSS ships 9. (1) Every ship shall carry a person or persons qualified for distress and safety radio communication purposes as specified in subregulation (2), who shall be holders of certificates specified in the Radio Regulations, as appropriate, one of whom shall be designated by the master to have primary responsibility for radio communications during distress incidents. (2) On area A1 ships, a person qualified as mentioned in subregulation (1) shall hold at least a GMDSS restricted operator’s certificate issued in accordance with subsection D of section IIIA of Article 55 of the Radio Regulations. On ships operating in Areas A1/A2, A1/A2/A3 and A1/A2/A3/A4, the person qualified as mentioned in subregulation (1) shall hold a GMDSS general operator’s certificate issued in accordance with subsection C of section IIIA of Article 55 of the Radio Regulations. 10. Training and qualifications of masters and seamen on tankers 10. (1) Officers and ratings assigned specific duties and responsibilities related to cargo or cargo equipment on tankers shall have completed an approved shore- based advanced fire-fighting course in addition to the training required by section A-VI/1 of the STCW Code and shall have completed — (a) at least three months of approved sea-going service on tankers in order to acquire adequate knowledge of safe operational practices; or (b) an approved tanker familiarisation course covering at least the syllabus given for that course in Section A-V/1 of the STCW Code. (2) The period of three months referred to in paragraph (1)(a) may be reduced to not less than one month if — (a) the tanker on which such service is performed is of less than 3,000 GT; (b) the duration of each voyage of the tanker on which such approved service is performed does not exceed seventy-two hours, and (c) the operational characteristics of the tanker on which such approved service is performed and the number of voyages and loading and discharging operations completed during the period, allow the same level of knowledge and experience to be acquired as would have been acquired in approved service performed in accordance with subregulation (1)(a) on a tanker of a size, and performing voyages, not falling within paragraphs (a) and (b). (3) Masters, chief engineer officers, chief mates, second engineer officers and any person with immediate responsibility for loading, discharging and care in transit or handling of cargo in tankers shall, in addition to meeting the requirements of subregulation (1), have — c Revised as at 6th day of July, 2004 Page 15 Merchant Shipping (Certification, Safe Manning, Hours of Work and Regulation 11 Watchkeeping) Regulations (a) experience appropriate to their duties on the type of tanker on which they serve; and (b) completed an approved specialised training programme which at least covers the subjects set out in section A-V/1 of the STCW Code that are appropriate to their duties on the tanker on which they serve, or provide evidence of having achieved the required standard of competence within the previous five years. (4) Where the Director is satisfied that a seafarer is duly qualified in accordance with subregulations (1) and (2) or subregulation (3), he may issue to such seafarer an appropriate certificate to that effect, and the seafarer holding such a certificate shall be accepted for service as referred to in those subregulations on Cayman Islands ships. (5) A certificate or other documentary evidence issued by or under the authority of an STCW country confirming that the holder has received the training required under subregulations (1) and (2) or subregulation (3), may be accepted for service as referred to in those subregulations on Cayman Islands ships. 11. Training and qualifications of masters and seamen on ro-ro passenger ships 11. (1) This regulation applies to masters and seamen serving on board ro-ro passenger ships. (2) Prior to being assigned shipboard duties on board ro-ro passenger ships, seafarers shall have completed the training required by subregulations (4) to (8) in accordance with their capacity, duties and responsibilities. (3) Seafarers who are required to be trained in accordance with subregulations (4), (7) and (8) shall, at intervals not exceeding five years, undertake appropriate refresher training or be required to provide evidence of having achieved the required standards of competence within the previous five years; and in this subregulation — “required standards of competence” means the standards of competence the attainment of which is achieved by the training referred to in subregulations (4), (7) and (8). (4) Masters and seamen designated on muster lists to assist passengers in emergency situations on board ro-ro passenger ships shall have completed training in crowd management as specified in section A-V/12, paragraph 1 of the STCW Code. (5) Masters and seamen assigned specific duties and responsibilities on board ro- ro passenger ships shall have completed the familiarisation training specified in section A-V/2, paragraph 2 of the STCW Code. Page 16 Revised as at 6th day of July, 2004 c Merchant Shipping (Certification, Safe Manning, Hours of Work and Watchkeeping) Regulations Regulation 12 (6) Seamen providing direct service to passengers in passenger spaces on board ro-ro passenger ships shall have completed the safety training specified in section A-V/2, paragraph 3 of the STCW Code. (7) Masters, chief mates, chief engineer officers, second engineer officers and every person assigned immediate responsibility for embarking and disembarking passengers, loading, discharging or securing cargo, or closing hull openings on board ro-ro passenger ships shall have completed approved training in passenger safety, cargo safety and hull integrity as specified in section A-V/2, paragraph 4 of the STCW Code. (8) Masters, chief mates, chief engineer officers, second engineer officers and any person having responsibility for the safety of passengers in emergency situations on board ro-ro passenger ships shall have completed approved training in crisis management and human behaviour as specified in section A- V/2, paragraph 5 of the STCW Code. (9) Documentary evidence issued by or under the authority of an STCW country confirming that the holder has received the training required under this regulation, may be accepted for service on Cayman Islands ro-ro passenger ships. 12. Training and qualifications of masters and seamen on passenger ships other than ro-ro passenger ships 12. (1) This regulation applies to masters and seamen serving on-board passenger ships, other than ro-ro passenger ships. (2) Prior to being assigned shipboard duties on board passenger ships, seafarers shall have completed the training required by subregulations (4) to (8) in accordance with their capacity, duties and responsibilities. (3) Seafarers who are required to be trained in accordance with subregulations (4), (7) and (8) shall, at intervals not exceeding five years, undertake appropriate refresher training or be required to provide evidence of having achieved the required standards of competence within the previous five years; and in this subregulation — “required standards of competence” means the standards of competence the attainment of which is achieved by the training referred to in subregulations (4), (7) and (8). (4) Masters and seamen designated on muster lists to assist passengers in emergency situations on board passenger ships shall have completed training in crowd management as specified in Section A-V/3, paragraph 1 of the STCW Code. (5) Masters and seamen assigned specific duties and responsibilities on board passenger ships shall have completed the familiarisation training specified in section A-V/3, paragraph 2 of the STCW Code. c Revised as at 6th day of July, 2004 Page 17 Merchant Shipping (Certification, Safe Manning, Hours of Work and Regulation 13 Watchkeeping) Regulations (6) Seamen providing direct service to passengers on board passenger ships in passenger spaces shall have completed the safety training specified in Section A-V/3, paragraph 3 of the STCW Code. (7) Masters, chief mates, and every person assigned immediate responsibility for embarking and disembarking passengers shall have completed approved training in passenger safety as specified in Section A-V/3, paragraph 4, of the STCW Code. (8) Masters, chief mates, chief engineer officers, second engineer officers and any person having responsibility for the safety of passengers in emergency situations on board passenger ships shall have completed approved training in crisis management and human behaviour as specified in Section A-V/3, paragraph 5 of the STCW Code. (9) Documentary evidence issued by or under the authority of an STCW country confirming that the holder has received the training required under this regulation, may be accepted for service on Cayman Islands passenger ships other than ro-ro passenger ships. 13. Training and qualifications of masters and seamen on high-speed craft 13. (1) This regulation applies to masters and seamen serving on board high-speed craft which are ships constructed on or after the 1st January, 1996. (2) Prior to being assigned shipboard duties on board high speed craft, masters and seamen shall have completed the training specified in the Third Schedule. (3) A certificate or other documentary evidence issued by or under the authority of an STCW country confirming that the holder has received the training required under this regulation may be accepted for service on Cayman Islands ships which are high-speed craft. 14. Familiarisation and basic safety training, etc., for all seafarers 14. All seafarers shall receive familiarisation, basic safety training or instruction in accordance with Section A-VI/1 of the Annex to the STCW Code and shall meet the appropriate standard of competence specified therein. 15. Requirements for the holding of certificates of proficiency in survival craft and rescue boats 15. (1) Every person designated to launch or take charge of survival craft or rescue boats, other than fast rescue boats, shall meet the criteria specified in Regulation VI/2.1 of the Annex to the STCW Convention and be in possession of a certificate of proficiency in such craft. (2) Every person designated to launch or take charge of a fast rescue boat shall meet the criteria specified in Regulation VI/2.2 of the Annex to the STCW Convention and be in possession of a certificate of proficiency in such boats. Page 18 Revised as at 6th day of July, 2004 c Merchant Shipping (Certification, Safe Manning, Hours of Work and Watchkeeping) Regulations Regulation 16 (3) Where the Director is satisfied that a person as referred to in subregulation (1) or (2) meets the criteria referred to, respectively, in those subregulations, he may issue to such person an appropriate certificate of proficiency, and the holder of such certificate shall be accepted for service on Cayman Islands ships. (4) A certificate of proficiency or an equivalent certificate issued by or under the authority of an STCW country confirming that the holder has received the training required under this regulation may be accepted for service on Cayman Islands ships. (5) In this regulation — “fast rescue boat” means a rescue boat which is — (i) not less than six metres in length and not more than eight and one half metres in length; and (ii) capable of manoeuvring, for at least four hours, at a speed of at least twenty knots in calm water with a suitably qualified crew of three persons and at least eight knots with a full complement of persons and equipment; “rescue boat” means a boat designed and constructed, in compliance with the relevant provisions of Chapter III to the Annex to the Safety Convention, to rescue persons in distress and to marshal survival craft; and “survival craft” means a craft capable of sustaining the lives of persons in distress from the time of abandoning the ship. 16. Requirements for training in advanced fire-fighting 16. (1) Seafarers designated to control fire-fighting operations shall have successfully completed advanced training in techniques for fighting fire with particular emphasis on organisation, tactics and command in accordance with the provisions of Section A-VI/3 of the STCW Code and shall meet the standard of competence specified therein. (2) Where training in advanced fire fighting is not included in the qualifications for the issue of a certificate held by a seafarer, he shall be in possession of a special certificate or other appropriate documentary evidence indicating that he has attended a course of training in advanced fire fighting. (3) A certificate or other documentary evidence issued by or under the authority of an STCW country confirming that the holder has received the training required under this regulation may be accepted for service on Cayman Islands ships where the holder is designated to control the operations referred to in paragraph (1). c Revised as at 6th day of July, 2004 Page 19 Merchant Shipping (Certification, Safe Manning, Hours of Work and Regulation 17 Watchkeeping) Regulations 17. Requirements relating to medical first aid and medical care 17. (1) Seafarers designated to provide medical first aid on board ship shall meet the standard of competence in medical first aid specified in Section A-VI/4, paragraphs 1 to 3 of the STCW Code. (2) Seafarers designated to take charge of medical care on board ship shall meet the standard of competence in medical care on board ships specified in Section A-VI/4, paragraphs 4 to 6 of the STCW Code. (3) Where training in medical first aid or medical care is not included in the qualifications for the issue of a certificate held by a seafarer, he shall be in possession of a special certificate or other appropriate documentary evidence indicating that he has attended a course in medical first aid or medical care. (4) A certificate or other documentary evidence issued by or under the authority of an STCW country confirming that the holder has received the training required under this regulation may be accepted for service on Cayman Islands ships where the holder is designated to provide the medical first aid or medical care referred to in subregulation (1) or (2). 18. Issue, form, validity, record and surrender of endorsements 18. (1) A seafarer, on application and payment of the prescribed fee shall be entitled to be issued an endorsement provided he meets the requirements set out in these regulations. (2) Endorsements under these regulations shall be issued by the Director. (3) An endorsement shall remain valid for sea-going service only so long as the holder can comply with the standards and conditions as to medical fitness and professional competence to act in the appropriate capacity specified by the Director. (4) A record of all endorsements which are issued under these regulations, or which have expired or have been suspended, cancelled, or reported lost or destroyed, and any alteration of or any other matters affecting any such certificates or endorsements, shall be kept in such manner as the Director may require which shall include at least the details specified in the Fourth Schedule and any other details which may be specified by the IMO from time to time. (5) Where a person is convicted of an offence under section 111(6) or where a certificate or endorsement is issued and the conditions for its issue prescribed in these regulations or specified by the Director have not been complied with, then the holder of the relevant endorsement shall, at the direction of the Director, deliver it for cancellation to the Director, or to such person as the Director directs. (6) In this regulation and regulation 19 — Page 20 Revised as at 6th day of July, 2004 c Merchant Shipping (Certification, Safe Manning, Hours of Work and Watchkeeping) Regulations Regulation 19 “endorsement” means endorsement of the recognition of a certificate under regulation 6. 19. Loss of endorsements 19. Where a person is deprived of an endorsement issued to him, the Director — (a) if satisfied that the person has lost or been deprived of the endorsement without fault on his part shall; and (b) if he is not so satisfied, may, upon receipt of any fee payable, cause a certified copy of the endorsement to be issued to him. PART III - HOVERCRAFT 20. Application to hovercraft 20. This Part applies to every sea-going hovercraft registered in the Islands which was constructed on or after the 1st January, 1996. 21. Requirements for the training of hovercraft personnel 21. (1) It shall be the duty of every owner of a hovercraft to which this Part applies to ensure that masters and seamen have completed the training as specified by the Director. (2) It shall be the duty of every person providing the training referred to in this regulation to issue documentary evidence to every person successfully completing such training. In the case of masters, and of officers having an operational role on high speed craft, the documentary evidence shall be a certificate in a form specified by the Director which shall be endorsed in a manner specified by the Director. (3) Any owner who contravenes subregulation (1) is guilty of an offence and liable on summary conviction to a fine of ten thousand dollars. 22. Application of Part III to endorsements 22. Regulations 18 and 19 apply to endorsements issued under regulation 21 as they apply to other certificates endorsed under these regulations. 23. Exemption from hovercraft requirements 23. The Director may exempt the owner of any hovercraft from any of the requirements of regulation 21 subject to such conditions as he may specify, and may alter or cancel any exemption so granted. c Revised as at 6th day of July, 2004 Page 21 Merchant Shipping (Certification, Safe Manning, Hours of Work and Regulation 24 Watchkeeping) Regulations PART IV - SAFE MANNING 24. Responsibilities of companies, masters and others 24. (1) This regulation applies only to Cayman Islands ships. (2) Every company or operator shall ensure that — (a) every seafarer assigned to any of its ships holds an appropriate certificate in respect of any function he is to perform on that ship; (b) every seafarer on any of its ships has had training specified in these regulations in respect of any function that he is to perform on that ship; and (c) documentation and data relevant to all seafarers 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 competence in assigned duties. (3) Nothing in subregulation (2) shall prohibit the allocation of tasks for training under supervision or in case of force majeure. (4) The company shall 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 seafarers 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 subregulation (4) shall include — (a) allocation of a reasonable period of time during which each newly employed seafarer will have an opportunity to become acquainted with — (i) the specific equipment the seafarer will be using or operating; and (ii) ship-specific watchkeeping, safety, environmental protection and emergency procedures and arrangements the seafarer needs to know to perform the assigned duties properly; and (b) designation of a knowledgeable crew member who will be responsible for ensuring that an opportunity is provided to each newly employed seaman to receive essential information in a language the seaman understands. (6) It shall be the duty of every seafarer required to carry out any obligation arising under subregulation (4), to carry out that obligation. Page 22 Revised as at 6th day of July, 2004 c Merchant Shipping (Certification, Safe Manning, Hours of Work and Watchkeeping) Regulations Regulation 25 25. Safe manning document 25. (1) It shall be the duty of the company to ensure that in relation to every ship of 500 GT or more — (a) a safe manning document is in force in respect of the ship and the manning of the ship; (b) the safe manning document is kept on board the ship at all times; and (c) the manning of the ship is maintained at all times to at least the levels specified in the safe manning document. (2) The master of a ship to which this regulation applies shall ensure that the ship does not proceed to sea unless there is on board a valid safe manning document issued in respect of the ship and the manning of the ship complies with that document. (3) It shall be the duty of the company applying for the safe manning document in respect of any Cayman Islands ship to submit to the Director proposals as to the numbers and grade of personnel it considers should be carried so that the ship would be safely manned if it proceeded to sea on any intended voyages; (4) In preparing such proposals the company shall take into account the guidelines contained in the Fifth Schedule and any additional guidance issued by the Director; (5) It shall be the duty of the company after the issue of a safe manning document to inform the Director as soon as any of the circumstances which are pertinent to that safe manning document change, for the purpose of enabling the Director to review the document’s continuing validity or approve new proposals from the company. (6) The safe manning document referred to in subregulation (1)(a) shall be in the form prescribed by the Director. (7) Subject to subregulation (8), if a member of the crew specified in the safe manning document is incapacitated through accident or sudden illness or is unable to sail due to disciplinary action; or in any other unforeseen circumstances causing the available complement on the ship to be less than that prescribed in the safe manning document, the final decision as to whether the ship should proceed to sea shall rest with the master. (8) Prior to making any such decision to proceed to sea as referred to in subregulation (7), the master shall ensure that — (a) the duration of the voyage is no more than twenty-one days and limited only to the next port of call; (b) subject to regulation 31, suitable watchkeeping arrangements can be maintained throughout the voyage for the safe operation of the ship and c Revised as at 6th day of July, 2004 Page 23 Merchant Shipping (Certification, Safe Manning, Hours of Work and Regulation 26 Watchkeeping) Regulations the protection of the environment, having due regard to the requirements of regulations 28, 29 and 30; (c) necessary adjustments can be made to the muster list to meet any emergency situation;

(d) the replacement seafarer would be available to join the ship at the next port of call; (e) the Director is kept fully informed of the circumstances; and (f) appropriate entries are made in the ship’s official log book, relating to the circumstances. (9) The Fifth Schedule applies in respect of this regulation. 26. Dispensations 26. (1) Subject to subregulation (2), the Director may, in circumstances of exceptional necessity and where in his opinion no danger to persons, property or the environment will be caused, issue a dispensation permitting a specified seafarer to serve in a specified ship for a specified period not exceeding six months in a capacity, other than that of a radio operator, or a radiotelephone operator, except as provided by the relevant radio regulations, for which he does not hold the appropriate certificate, provided the person to whom the dispensation is issued is adequately qualified to fill the vacant post in a safe manner, in accordance with the applicable safe manning requirements. (2) A dispensation shall not be granted to a person to act as a master or chief engineer except in circumstances of force majeure, and in any event, such dispensation, where granted, shall be granted only to an officer at the management level and for the shortest duration possible and in granting a dispensation under this subregulation, the Director shall specify the particular voyage or part of a voyage for which the dispensation will be valid. (3) A dispensation shall only be granted to a person properly certificated to fill the post immediately below; and where certification for such post is not required under these regulations, a dispensation may be issued to a person whose qualifications and experience are, in the opinion of the Director, of a clear equivalence to the requirements for the post to be filled, provided that, if such person does not hold an appropriate certificate, he shall be required to pass a test acceptable to the Director as demonstrating that such a dispensation may safely be issued. (4) Where a dispensation is granted under this regulation, the Director shall ensure that the post in question is filled by the holder of an appropriate certificate as soon as possible. (5) The Director shall, as soon as possible after the 1st January of each year, submit to the Secretary of State of the United Kingdom responsible shipping for onward transmission to the Secretary-General, a report indicating the total Page 24 Revised as at 6th day of July, 2004 c Merchant Shipping (Certification, Safe Manning, Hours of Work and Watchkeeping) Regulations Regulation 27 number of dispensations granted for each capacity for which an appropriate certificate is required in respect of all sea-going Cayman Islands ships, and the numbers of those ships above and below 1,600 GT respectively. PART V - HOURS OF WORK 27. Application of Part V 27. This Part applies only to Cayman Islands ships. 28. General duty of company, employers and masters regarding hours of work 28. (1) Subject to regulation 31, it shall be the duty of every company in respect of a ship, and of every employer, to ensure, so far as is reasonably practicable, that seafarers do not work more hours than is safe in relation to the safety of the ship and the seafarers’ performance of their duties. (2) Subject to regulation 31, it shall be the duty of every master of a ship to ensure, so far as is reasonably practicable, that the seamen do not work more hours than is safe in relation to the safety of the ship and the seamen’s performance of their duties. 29. Duties of seafarers regarding rest periods 29. Every seafarer shall, so far as is reasonably practicable, ensure that he is properly rested when commencing duty on a ship and that he obtains adequate rest during periods when he is off duty. 30. Schedules of duties and need to maintain records 30. (1) It shall be the duty of the company to produce a schedule of duties complying with this regulation. (2) Where the company is not also the employer of all the seafarers, it shall consult any other person who is an employer of any of the seafarers before production of the schedule. (3) The company may arrange with any such employer that the employer is to produce a schedule of duties complying with this regulation and in such a case that employer shall also be subject to the duties of the company under this regulation. (4) Before producing a schedule the company shall seek the views of the master, and the master shall seek, and convey to the company, the views of the seamen or their representatives. (5) Subject to subregulation (6), a schedule complies with this regulation if — (a) it sets out the hours of work for — c Revised as at 6th day of July, 2004 Page 25 Merchant Shipping (Certification, Safe Manning, Hours of Work and Regulation 30 Watchkeeping) Regulations (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 a minimum of ten hours of rest in any twenty-four hour period, which may be divided into no more than two periods, one of which shall be at least six hours in length. (6) Notwithstanding subregulation (5)(c), the minimum period of ten hours may be reduced to not less than six consecutive hours on condition that any such reduction shall not extend beyond two days and not less than seventy hours of rest are provided in each seven day period. (7) The company shall give consideration to the nature of the shipping operation and the voyages to be undertaken in arranging hours of work at sea and in port. (8) The schedule may be changed by the company, or by an employer who, by virtue of subregulation (3), is subject to duties of the company, on condition that — (a) other employers and the company (as the case may be) have been consulted; (b) the company or the employer has sought the views of the master on the proposed changes and the master has sought and conveyed to the company the views of the seamen or their representatives; and (c) the schedule, as changed, complies with subregulation (5). (9) The company shall ensure that the schedule is displayed prominently in the crew accommodation for the information of all the seafarers and that it is in a standardised format in the working language of the ship and in English. (10) It shall be the duty of the master to ensure, as far as reasonably practicable, that the hours of work specified in the schedule are not exceeded. (11) The following requirements apply with respect to the schedule produced in accordance with subregulation (1): (a) the company and the master shall maintain on the ship a copy of the schedule, and a record of all deviations from its requirements; (b) the company 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 Page 26 Revised as at 6th day of July, 2004 c Merchant Shipping (Certification, Safe Manning, Hours of Work and Watchkeeping) Regulations Regulation 31 available for inspection by the Shipping Master, a proper officer or a surveyor as defined in the Law, or an inspector appointed under section 414; (c) if during the five year period there ceases to be a company in relation to the ship, the duty to preserve the copies of the schedule and of the record shall remain with the last such company; and (d) the master shall give to every seaman a copy of the schedule pertaining to that seaman, which copy shall be signed by the master or a person authorised by the master, and by the seaman. (12) Musters, fire-fighting and lifeboat drills shall be conducted in a manner that minimises the disturbance of the rest periods and does not induce fatigue. (13) Where a seafarer is on call, such as where a machinery space is unattended, an adequate compensatory rest period shall be given to such seafarer if the normal period of rest is disturbed by call-outs to work. (14) In this regulation and regulation 31 — “schedule” means the schedule of duties referred to in subregulation (1). 31. Exceptions for emergencies 31. (1) The requirements for rest periods specified in subregulations (5)(c) and (6) of regulation 30 need not be maintained in case of any emergency including giving assistance to other ships or persons in distress at sea. (2) Without prejudice to the generality of subregulation (1), a seafarer may participate in a navigational, engine room or machinery watch although he has not had the rest period provided by the schedule produced under regulation 29, and the master may exceed, and any number of seamen may be required to exceed, the schedule’s work or duty periods, when in the opinion of the master it is necessary to meet an emergency threatening the safety of the ship or the life of any person or threatening damage to the environment, until the emergency is over. (3) As soon as practicable after the emergency is over, the master shall ensure that any seamen who have performed work in a scheduled rest period are provided with an adequate period of rest. (4) When, under subregulation (1), a seafarer has worked within a rest period provided for by the schedule, his name shall be entered in the record required to be maintained by regulation 30(11), together with the reason why he is so worked. 32. Duty to carry copy of regulations 32. There shall be carried on board every Cayman Islands ship to which these regulations apply a copy of Parts V and VI of these regulations. c Revised as at 6th day of July, 2004 Page 27 Merchant Shipping (Certification, Safe Manning, Hours of Work and Regulation 33 Watchkeeping) Regulations 33. Failure to comply with provisions relating to hours of work and rest 33. (1) Where the records or other evidence indicate a failure, on the part of any person concerned, to comply with the provisions of these regulations relating to hours of work and rest, the Director shall take such measures as he may deem necessary to ensure that such failure to comply is not repeated. (2) The measures referred to in this regulation may include a revision of the safe manning requirements. PART VI - WATCHKEEPING 34. Watchkeeping arrangements 34. (1) The master of any ship shall ensure that the watchkeeping arrangements for the ship are at all times adequate for maintaining safe navigational and engineering watches having regard to Chapter VIII of Section A of the STCW Code. (2) Without prejudice to the duties of the master provided by subregulation (1), the master shall give directions to the deck watchkeeping officers responsible for navigating the ship safely during their periods of duty, in accordance with Section A-VIII/2, Part 3-1 of the STCW Code and any requirements specified in the Fifth Schedule. (3) The chief engineer officer of any ship shall ensure that the engineering watchkeeping arrangements for the ship are at all times adequate for maintaining a safe watch, in accordance with Section A-VIII/2, Part 3-2 of the STCW Code, and when deciding the composition of the watch the chief engineer officer shall observe the principles set out in Part 3-2 of that Section and the requirements specified in the Fifth Schedule. 35. Watchkeeping arrangements in port 35. The master of any ship which is safely moored or safely at anchor under normal circumstances in port shall arrange for an appropriate and effective watch to be maintained for the purposes of safety. Such arrangements shall be in accordance with Section A-VIII/2, Part 4 of the STCW Code and any operational guidance specified in the Fifth Schedule. 36. Watchkeeping arrangements in port for ships carrying hazardous cargo 36. (1) The master of any ship which is carrying hazardous cargo and which is in port, even when safely moored or safely at anchor, shall in addition to any watchkeeping arrangements required under regulation 35, in the case of a ship carrying hazardous cargo — Page 28 Revised as at 6th day of July, 2004 c Merchant Shipping (Certification, Safe Manning, Hours of Work and Watchkeeping) Regulations Regulation 37 (a) in bulk, ensure that a safe deck watch and safe engineering watch are maintained by the ready availability on board of a duly qualified officer or officers, and where appropriate, ratings; and (b) other than in bulk, ensure that in organising safe watchkeeping arrangements he takes account of the nature, quality, packing and stowage of the hazardous cargo and of any special conditions on board, afloat and ashore. (2) Such watchkeeping arrangements shall take full account of the principles and requirements specified by the Director and as provided in the Fifth Schedule. PART VII - MISCELLANEOUS 37. Prohibition on the employment of young persons 37. (1) No person under the age of sixteen shall be employed on a ship. (2) No person under the age of eighteen shall be employed as a trimmer or stoker on a ship. (3) No seaman under the age of eighteen shall work at night. (4) In subregulation (3) — “night” means a period of at least nine consecutive hours, including the period from midnight to 0500 hours. 38. Carriage of STCW certificates and documents 38. Without prejudice to regulation 24, the company and the master shall ensure that there are carried at all times on board ship all original certificates and other documents issued under the STCW Convention 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. 39. Inspection of ships 39. (1) An authorised person may inspect any ship while in a Cayman Islands port or roadstead for the purposes of — (a) verifying that all seafarers serving on board who are required to be certificated hold valid appropriate certificates and endorsements or valid dispensations or have provided the documentary proof required by Regulation I/10, paragraph 5 of the STCW Convention, or where regulation 6(4) is applicable, the requirements of that provision have been met; c Revised as at 6th day of July, 2004 Page 29 Merchant Shipping (Certification, Safe Manning, Hours of Work and Regulation 39 Watchkeeping) Regulations (b) verifying that the numbers and certificates of the seafarers serving on board are in conformity with the applicable safe manning requirements; and (c) assessing the ability of the seafarers in the ship to maintain the watchkeeping standards required by these regulations where there are clear grounds for believing that such standards are not being maintained because, while in a Cayman Islands port or roadstead, 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) Where an authorised person finds on inspection any deficiency of a kind specified in subregulation (3) he shall notify in writing the master of the ship and in the case of a ship which is not a Cayman Islands ship, the nearest maritime consular or diplomatic representative of the flag state, and, where practicable, the relevant authorities of the flag state. (3) Deficiencies referred to in subregulation (2) are — (a) a failure by any seafarer required to hold an appropriate certificate, to have a valid appropriate certificate, an endorsement or a valid dispensation; (b) a failure of any seafarer to produce the documentary proof required by Regulation I/10, paragraph 5, of the STCW Convention, or, where regulation 6(4) is applicable, the requirements of that provision have not been met; (c) a failure to comply with the applicable safe manning requirements; (d) 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; (e) 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; and (f) 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. Page 30 Revised as at 6th day of July, 2004 c Merchant Shipping (Certification, Safe Manning, Hours of Work and Watchkeeping) Regulations Regulation 40 (4) The certificates, endorsements and dispensations referred to in subregulation (1) shall be accepted by the authorised person carrying out the inspection unless there are clear grounds for believing that a certificate has been fraudulently obtained or that the holder of a certificate is not the person to whom that certificate was originally issued. (5) This regulation applies to a Cayman Islands ship wherever it may be. 40. Power to detain 40. In any case where it is found — (a) in relation to a Cayman Islands ship, that there is any contravention of these regulations; or (b) in relation to a non-Cayman Islands ship, that there is — (i) any contravention of regulation 25 34, 35 or 36; or (ii) a failure to correct a deficiency of a kind specified in regulation 39(3) after notification to the master under regulation 39(2), and there is in consequence a danger to persons, property or the environment, the ship may be detained, and section 439 shall apply as if for the words “the Law”, whenever they appear, there were substituted the words “the Merchant Shipping (Certification, Safe Manning, Hours of Work, and Watchkeeping) Regulations (2004 Revision)”. 41. Parity of treatment of STCW ships and non-STCW ships 41. Regulations 39 and 40 shall be applied as may be necessary to ensure that no more favourable treatment is given to non-STCW ships than is given to STCW ships. 42. Maintenance of register of certificates and endorsements issued and provision of information relating thereto 42. (1) The Director shall maintain a register of all certificates and endorsements which have been issued, expired, revalidated, suspended, cancelled or reported lost or destroyed and of dispensations issued. (2) The Director shall make available information on the status of such certificates, endorsements and dispensations as are referred to in subregulation (1), to the authorities of other STCW countries and companies who request verification of the authenticity and validity of certificates produced to them by seafarers seeking recognition of their certificates or for employment on board ship. (3) The Director may request from the authorities of other STCW countries information on certificates, endorsements and dispensations issued by them, where such certificates, endorsements and dispensations are produced to the Director by seafarers seeking recognition of their certificates under c Revised as at 6th day of July, 2004 Page 31 Merchant Shipping (Certification, Safe Manning, Hours of Work and Regulation 43 Watchkeeping) Regulations regulation 5 or for seeking employment on board Cayman Islands sea-going ships or by seafarers serving on board non-Cayman Islands ships operating in Cayman Islands waters. 43. Offences 43. (1) A company which contravenes regulation 24(2) or (4), 25(1), (3), (4) or (5), 30(1), (2), (8) or (11), or 38 is guilty of an offence and liable on summary conviction to a fine of twenty-five thousand dollars or, on indictment to a fine of fifty thousand dollars and (in the case of an individual) to imprisonment for twelve months. (2) A master who contravenes regulation 24(6), 25(2), 28(2), 34(1) or (2), 35, 36 or 38 is guilty of an offence and liable on summary conviction to a fine of fifteen thousand dollars, or on indictment to a fine of twenty-five thousand dollars and to imprisonment for twelve months. (3) Where an employer has, under regulation 30(3), become subject to the duties of the company under that regulation, any contravention of regulation 30(1), (2), (8) or (11) by the employer is an offence punishable on summary conviction by a fine of twenty-five thousand dollars, or, on indictment by a fine of fifty thousand dollars and (in the case of an individual) by imprisonment for six months. (4) A seafarer who contravenes regulation 24(6) is guilty of an offence and on summary conviction liable to a fine not exceeding level 3 on the standard scale. (5) A chief engineer officer who contravenes regulation 34(3) is guilty of an offence and on summary conviction liable to a fine not exceeding level 5 on the standard scale. (6) A company which contravenes regulation 28(1) is guilty of an offence and on summary conviction liable to a fine not exceeding level 5 on the standard scale. (7) An employer who contravenes regulation 28(1) is guilty of an offence and on summary conviction liable to a fine not exceeding level 5 on the standard scale. (8) A master who contravenes regulation 30(10) or (11) is guilty of an office and on summary conviction liable to a fine not exceeding level 1 on the standard scale. (9) A seafarer who contravenes regulation 29 is guilty of an offence and on summary conviction liable to a fine not exceeding level 1 on the standard scale. Page 32 Revised as at 6th day of July, 2004 c Merchant Shipping (Certification, Safe Manning, Hours of Work and Watchkeeping) Regulations Regulation 44 (10) It shall be a defence for a person charged with an offence under these regulations to prove that he took all reasonable steps to avoid commission of the offence. (11) In 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 shall be for the accused to prove that it was not reasonably practicable to do more than was in fact done to satisfy the duty or requirement. 44. Requirements for pleasure vessels in commercial use 44. The requirement for certification, safe manning, hours of work and watchkeeping in respect of pleasure yachts in commercial use under 3000 GT shall be in accordance with the relevant provisions of the Code referred to in regulation 4 of the Merchant Shipping (Vessels in Commercial Use for Sport or Pleasure) Regulations, 2002. 45. Exemptions 45. The Director may grant, on such terms, if any, as he may specify, exemptions from all or any provisions of these regulations for classes of cases or individual cases. c Revised as at 6th day of July, 2004 Page 33 Merchant Shipping (Certification, Safe Manning, Hours of Work and Watchkeeping) Regulations FIRST SCHEDULE FIRST SCHEDULE FIRST SCHEDULE regulation 6(2) FORM OF ENDORSEMENT FOR RECOGNITION OF A CERTIFICATE CAYMAN ISLANDS ENDORSEMENT ATTESTING TO THE RECOGNITION OF A CERTIFICATE UNDER THE PROVISIONS OF THE INTERNATIONAL CONVENTION ON STANDARDS OF TRAINING, CERTIFICATION AND WATCHKEEPING FOR SEAFARERS, 1978, AS AMENDED IN 1995 The Government of the Cayman Islands certifies that Certificate No. ........... issued to ................................ by or on behalf of the Government of .............................................. is duly recognised in accordance with the provisions of regulation I/10 of the above Convention, as amended, and the lawful holder is authorised to perform the following functions at the levels specified, subject to any limitations indicated, until .............................................. or until the date of expiry of any extension of the validity of this endorsement as may be shown overleaf: FUNCTION LEVEL LIMITATIONS APPLYING (IF ANY) The lawful holder of this endorsement may serve in the following capacity or capacities specified in the applicable safe manning requirements of the Cayman Islands- c Revised as at 6th day of July, 2004 Page 35 Merchant Shipping (Certification, Safe Manning, Hours of Work and FIRST SCHEDULE Watchkeeping) Regulations CAPACITY LIMITATIONS APPLYING (IF ANY) Endorsement No......................................Issued on .................................................. .......................................................... Signature of duly authorised official .......................................................... Official Signature of duly authorised official The original of this endorsement must be kept available in accordance with regulation I/2, Seal paragraph 9, of the Convention while serving on a ship. Date of birth of the holder of the certificate ................................................ Signature of the holder of the certificate .................................................... Photograph Photograph of the holder of the certificate Endorsement No. ........................................ Issued on ........................................... The validity of this endorsement is hereby extended until .............................. ................................................................... Signature of duly authorised official ................................................................... Date of revalidation............................. Name of duly authorised official Page 36 Revised as at 6th day of July, 2004 c Merchant Shipping (Certification, Safe Manning, Hours of Work and Watchkeeping) Regulations FIRST SCHEDULE The validity of the endorsement is hereby extended until ................................................... ................................................................... Signature of duly authorised official ................................................................... Date of revalidation ............................ Name of duly authorised official c Revised as at 6th day of July, 2004 Page 37 Merchant Shipping (Certification, Safe Manning, Hours of Work and SECOND SCHEDULE Watchkeeping) Regulations SECOND SCHEDULE regulation 5(4) KNOWLEDGE OF ENGLISH LANGUAGE AND NATIONAL LEGISLATION 1. KNOWLEDGE OF ENGLISH LANGUAGE 1.1 Common language on board a vessel It is a requirement that a common language exists on board a Cayman Islands ship to ensure that there is effective communication among and between all personnel. This common, or working, language need not necessarily be English, but there is a requirement, as set out in paragraph 1.2, for the ship’s officers to be able to communicate in English. 1.2 Officers required to have an appropriate level of proficiency in English language It is a requirement that the officers on board a Cayman Islands ship, at both operational and management level, and irrespective of the common language of the ship, have an appropriate level of proficiency in the English language, commensurate with the functions the officer is permitted to perform. 1.3 Evidence of proficiency in English language If the Director is satisfied that, according to the applicant's original STCW certificate, he was tested adequately in oral and written English language skills, or if the applicant can provide other suitable evidence to this effect, no further test in this topic will be required. 1.4 Test for proficiency in English language If satisfactory evidence of proficiency in English language cannot be demonstrated, the following two tests will be necessary: (a) Oral Test: A standard test to check English speaking and comprehension skills. (b) Written Test: A standard test to check written English. These tests can be taken at British Council centres by prior arrangement through the Cayman Islands Maritime Administration (CIMA), or under such other arrangements as may be approved by the Director. 2. KNOWLEDGE OF NATIONAL LEGISLATION 2.1 Officers at management level to have knowledge of Cayman Islands maritime legislation Page 38 Revised as at 6th day of July, 2004 c Merchant Shipping (Certification, Safe Manning, Hours of Work and Watchkeeping) Regulations SECOND SCHEDULE Masters and officers at the management levels serving in Cayman Islands ships must, in accordance with Regulation 1/10 of the Annex to the STCW Convention, have appropriate knowledge of the maritime legislation of the Cayman Islands relative to the functions they are permitted to perform. This knowledge is referred to as Laws and Administrative Procedures (LAP) and covers matters which are considered to be specifically applicable to Cayman Islands ships, and is additional to the requirements of international conventions and instruments. 2.2 Cayman Islands LAP Manual To assist Masters and Officers at the management level to gain the appropriate knowledge of LAP in relation to Cayman Islands ships, the CISR has produced a LAP Manual which covers the requisite areas of the Cayman Islands maritime legislation. The LAP Manual may be amended from time to time by the CISR to reflect the relevant current maritime legislation of the Cayman Islands. It must be emphasised that the Manual contains only those extracts from the Cayman Islands maritime legislation that are relevant to functions at the management levels. In relation to all other matters reference must be made to the complete maritime legislation. 2.3 Level of knowledge required The required areas of knowledge of the LAP are at two levels. Chief Mates, Chief Engineers and Second Engineers will need to have a good working knowledge of the LAP Manual, appropriate to their respective functions, whereas Masters will require a thorough understanding of the subject matter. 2.4 Responsibilities of Companies and others employing Masters and Officers for service on board Cayman Islands ships Every Company or other person employing seafarers for service on board Cayman Islands ships must ensure that those intended to serve in the capacity of Master, Chief Mate, Chief Engineer or Second Engineer have the required knowledge as contained in the LAP Manual, appropriate to the functions they are to perform. Further guidance may be issued from time to time through Cayman Islands Shipping Notices. 3. Further Information Further information may be obtained from- Cayman Islands Shipping Registry (CISR) Phase IV, Third Floor Elizabethan Square P.O. Box 2256 GT George Town, Grand Cayman Cayman Islands Tel: + (345) 949 8831 Fax: + (345) 949 8849 c Revised as at 6th day of July, 2004 Page 39 Merchant Shipping (Certification, Safe Manning, Hours of Work and THIRD SCHEDULE Watchkeeping) Regulations THIRD SCHEDULE regulation 13(2) TRAINING AND CERTIFICATION OF OFFICERS AND CREW ON HIGH SPEED CRAFT 1.0 INTRODUCTION This Schedule sets out the training and certification requirements which the Director may specify under these regulations in respect of the training and certification of masters, officer, ratings and other personnel working on High Speed Craft registered in the Cayman Islands. They implement for the Cayman Islands the requirements of the High Speed Craft Code (HSC Code) of the Safety Convention. 2.0 TRAINING REQUIREMENTS 2.1 Deck officers serving on High Speed Craft (HSC) are required to hold a Type Rating Certificate (TRC) in addition to a valid deck officer certificate of competency. 2.2 HSC operators are responsible for ensuring that appropriate training is given to deck officers so that they may qualify for the issue of a TRC. The training required by the HSC Code includes knowledge of the craft's propulsion and control systems, handling characteristics, communication and navigation procedures, intact stability and survivability of the craft. 2.3 Organisations providing TRC training are required to nominate a person responsible for the training. This person will be designated the Type Rating Instructor (TRI). TRIs may be appointed from within the HSC operating organisation of from an outside source. Organisations should also nominate another person responsible for the assessment of training to serve as a Type Rating Examiner (TRE). Both TRIs and TREs should be experienced in the operation of the craft on the route on which they will be instructing and examining, respectively, and be approved by the Director (see paragraph 7). Under no circumstances will the same person be allowed to work as both TRI and TRE. 2.4 Engineer officers on HSC are required to be appropriately certificated under these Regulations but do not require additional type rating certification. 2.5 On HSC with gas turbine propulsion, engineer officers may hold either Motor, Steam or Combined certificates of competency. In addition, specified senior engineer officers are required to hold a certificate attesting to the completion of an approved gas turbine training programme for the machinery on the HSC in which they are serving. 3.0 ISSUE OF TYPE RATING CERTIFICATES 3.1 After undergoing training with the approved TRI a candidate will be examined by the approved TRE. If successful, the organisation should issue a TRC in the format given in the Appendix to this Schedule. The TRC, plus a duplicate copy, should be forwarded, together with a valid medical fitness certificate, to the Cayman Islands Shipping Registry Page 40 Revised as at 6th day of July, 2004 c Merchant Shipping (Certification, Safe Manning, Hours of Work and Watchkeeping) Regulations THIRD SCHEDULE (CISR). The TRC must specify the craft or class of craft (e.g. 65 metres wave piercing catamaran), and its operational area or routes. 3.2 When the Director is satisfied that all the requirements have been met the TRC will be endorsed for service use. This procedure is required in order to satisfy the requirements of paragraph 18.3.3 of the HSC Code. The original TRC will be returned and the CISR will keep the duplicate copy for record purposes. 3.3 Further routes may be added to a TRC after a holder has undergone route familiarisation training and performance assessment by the TRE. The organisation may issue a new TRC or amend an existing one upon the recommendation of the TRE. In either case, the TRC must be submitted to the CISR or endorsement of the amendments and recording purposes as above. 4.0 REVALIDATION Revalidation of a TRC is required at intervals of not more than two years. For revalidation, candidates must be able to show evidence of continuing fitness for service on HSC. They must provide evidence of at least six months sea service on HSC in the preceding two years or a statement from a HSC operator or other TRC training organisation to indicate that the candidate has successfully completed a training programme prior to seeking revalidation. When the issuing organisation is satisfied that the revalidation requirements have been met, the TRC should be revalidated (see reverse side of specimen certificate format in the Appendix) and submitted to the CISR for endorsement and recording purposes as in paragraph 3.1 above. 5.0 RATINGS AND OTHER PERSONNEL Ratings and other personnel employed on HSC must undergo a training programme appropriate to their duties on board and may be trained solely for HSC service without seagoing experience on other types of ships. This training should include the familiarisation and appropriate basic safety training required by these Regulations. Ratings in this category may hold an Efficient Deck Hand (EDH) certificate limited for service on HSC as appropriate. 6.0 NON -SEAGOING HSC Deck officers on non sea-going HSC should follow a training, assessment and certification system similar to that detailed above. In order to qualify for a TRC, the applicant must be able to demonstrate the skills appropriate to navigational duties in the relevant operational area. 7.0 PROCEDURE FOR SEEKING CISR APPROVALS 7.1 Organisations wishing to provide training programmes leading to the issue of TRC should submit full details to the CISR. The submission should include full information on- (a) the proposed training programme; (b) the training facilities; c Revised as at 6th day of July, 2004 Page 41 Merchant Shipping (Certification, Safe Manning, Hours of Work and THIRD SCHEDULE Watchkeeping) Regulations (c) the HSC involved; (d) the operational areas; (e) the persons nominated as TRIs and TREs; (f) any existing approval already obtained with respect to the above. 7.2 Applications should be sent to: Cayman Islands Shipping Registry (CISR) Phase IV, Third Floor Elizabethan Square P.O. Box 2256 GT George Town, Grand Cayman Cayman Islands Tel: + (345) 949 8831 Fax: + (345) 949 8849 APPENDIX TO THIRD SCHEDULE SPECIMEN TYPE RATING CERTIFICATE (to be produced in duplicate and kept on record by the Cayman Islands Shipping Registry) No. (Issuing Organisation to allocate) Issuing Organisation Address and Contact Details TYPE RATING CERTIFICATE (HIGH SPEED CRAFT) This is to confirm that: (full name of candidate) [ ] Date of Birth: [ ] Discharge Book No. or other national ID: [ ] Certificate of Competency (if any) – Class/Regulation) [ ] No. [ ] Date of Issue: [ ] Issuing Authority: [ ] Has completed a course of training as required by Chapter 18.3.3 of the International Code of Safety for High Speed Craft, and has passed an examination, including practical tests, commensurate with operational tasks on board the craft and routes detailed below: Name (or Class) of Craft: [ ] Type of Craft: [ ] Route: ……………………………………………………………………………………………… ……………………………………………………………………………………………… …………… Signature of Authorised Issuing Authority CISR Endorsement Representative: Stamp and Date ………………………….. Capacity: …………………… AMENDMENTS: Page 42 Revised as at 6th day of July, 2004 c Merchant Shipping (Certification, Safe Manning, Hours of Work and Watchkeeping) Regulations THIRD SCHEDULE Details of additional routes ……………………………………………………………………………………………… ………………………………………………………………………… Signature of Authorised Issuing Authority CISR Endorsement Representative: Stamp and Date Reverse side of Specimen Type Rating Certificate This certificate is subject to two yearly revalidation in accordance with Chapter 18.3.5 of the HSC Code. Confirmation that the certificate has been revalidated is to be confirmed by completion of the table below. Name and Signature Official Stamp Endorsement of Issuing of Issuing (Dated) Organisation's Date of Organisation Authorised Revalidation Representative This certificate is subject to two yearly revalidation in accordance with Chapter 18.3.5 of the HSC Code. Confirmation that the certificate has been revalidated is to be confirmed by completion of the table below. c Revised as at 6th day of July, 2004 Page 43 Merchant Shipping (Certification, Safe Manning, Hours of Work and FOURTH SCHEDULE Watchkeeping) Regulations FOURTH SCHEDULE regulation 18(4) DEVELOPMENT OF A DATABASE FOR CERTIFICATES AND ENDORSEMENTS 1. In implementing the requirement in paragraph 4.1 of regulation I/9 of the Annex to the revised STCW Convention for the maintenance of a register of certificates and endorsements a standard database is not necessary provided that all the relevant information is recorded and available. 2. The following items of information should be recorded and available either on paper or electronically in accordance with regulation I/9, as a minimum: (1) Status of certificate- Valid Suspended Cancelled Reported lost Destroyed, with a record of changes to status to be kept, including dates of changes. (2) Certificate details- Seafarer’s name Date of birth Nationality Sex Preferably a photograph Relevant document number Date of issue Date of expiry Last revalidation date Details of dispensations(s) (3) Competency details- STCW competency standard (e.g. regulation II/1) Capacity Function Level of responsibility Endorsements Limitations (4) Medical details Page 44 Revised as at 6th day of July, 2004 c Merchant Shipping (Certification, Safe Manning, Hours of Work and Watchkeeping) Regulations FIFTH SCHEDULE Date of issue of latest medical certificate relating to the issue or revalidation of the appropriate certificate. FIFTH SCHEDULE regulations 25, 34, 35 and 36 SAFE MANNING, HOURS OF WORK AND WATCHKEEPING-APPLICATION OF STCW 95 1.0 SAFE MANNING, HOURS OF WORK AND WATCHKEEPING 1.1 INTRODUCTION 1.1.1 These regulations place clear responsibilities on companies owning or operating Cayman Islands seagoing ships, to ensure that their ships are manned with personnel of appropriate grades who have been properly trained and certificated, and who are in possession of an appropriate endorsement or have applied for such an endorsement in accordance with regulations 5 and 6. Companies owning or operating sea-going ships that are not Cayman Islands ships, whilst in Cayman Islands waters must ensure that the ships and their personnel are in compliance with those provisions of the STCW Convention that correspond to regulations 5 and 6. The numbers of certificated officers and certificated and non-certificated ratings must be sufficient to ensure safe and efficient operation of the ship at all times. All ships of 500 GT or more are required to hold a safe manning document or equivalent and owners or operators of ships below 500 GT may also be required to hold a safe manning document. 1.1.2 The owner or operator of a Cayman Islands registered ship is required to make an assessment of the numbers and grades of personnel necessary for safe operation. These should be sufficient to ensure that: (a) the required watchkeeping standard can be maintained and that personnel are able to obtain sufficient rest; (b) personnel are not required to work more hours than is safe in relation to the safety of the ship; (c) the master and seafarers can perform their duties in accordance with the framework of operational guidance in Section A-VIII of the STCW Code; (d) the master and seamen are not required to work such hours or under such conditions which may be injurious to their health and safety. Proposals based on the assessment should be submitted to the Director who, when satisfied that the proposed manning levels are adequate, will issue a safe manning document. 1.2 SPECIALIST SHIP TYPES c Revised as at 6th day of July, 2004 Page 45 Merchant Shipping (Certification, Safe Manning, Hours of Work and FIFTH SCHEDULE Watchkeeping) Regulations 1.2.1 Offshore support vessels present special problems because of the diverse nature of their operations and the conditions under which they are required to operate. Owners are particularly reminded of the restrictions placed on working hours under the Regulations and should set manning levels accordingly. 1.2.2 Shipowners and operators must ensure that the master, officers and ratings on tankers, and the master, officers, ratings and other personnel on ro-ro passenger ships have completed the training required by the regulations which is specified in Sections A- V/1 and A-V/2 of the STCW Code. All crew members on high speed craft must have completed the training required under the High Speed Craft (HSC) Code, and masters and officers having an operational role must hold a Type Rating Certificate as required by the HSC Code. On passenger ships generally, the need to handle large numbers of passengers unfamiliar with the marine environment must be taken into account in determining manning levels. Personnel should be appropriately trained and certificated and owners and operators must give particularly careful attention to the requirements for minimum numbers of trained crew to take charge of survival craft. 1.3 SAFE MANNING DOCUMENT When the Director has agreed to proposals regarding manning of a particular ship, a safe manning document or equivalent will be issued for that ship in a format which complies with the requirements of the Safety Convention. It should be retained on board and be available for inspection whenever required by an authorised person. 2.0 DETERMINATION OF SAFE MANNING LEVELS 2.1 PRINCIPLES The Director will consider a ship to be safely manned if the crew includes sufficient officers and ratings with the requisite capabilities and abilities set out in Paragraph 1 of Annex 1 – Principles of Safe Manning, to IMO Resolution A.890 (21). In applying these principles, the Director will take account of Paragraphs 2 and 3 of the said Annex. 2.2 ESTABLISHING SAFE MANNING REQUIREMENTS In establishing safe manning requirements in accordance with the Principles of Safe Manning as set out in Annex 1 to IMO Resolution A.890 (21), the Director, as well as owners and operators should take account of the Guidelines set out in Annex 2 to that Resolution. 2.3 GUIDANCE ON APPROPRIATE MANNING LEVELS 2.3.1 The tables at Annex 1 to these regulations provide guidance on the numbers of certificated deck and engineer officers that are appropriate for different sizes of ships, tonnages and trading areas. As the watchkeeping arrangements for the engineering department and the demands placed on personnel vary significantly according to the level of automation, numbers are not given for engineer officers. These tables only provide guidance; owners and operators must take all relevant factors into account before finalising their manning proposals. Page 46 Revised as at 6th day of July, 2004 c Merchant Shipping (Certification, Safe Manning, Hours of Work and Watchkeeping) Regulations FIFTH SCHEDULE 2.3.2 The number of ratings required will be determined by application of the principles referred to in paragraphs 2.1 and 2.2. Owners and operators should additionally seek to obtain a good balance between skilled and less skilled and between experienced and less experienced ratings. 2.4 WATCHKEEPING 2.4.1 The regulations require the master of any ship to be responsible for the overall safety of the ship. He must also ensure that the watchkeeping arrangements are adequate for maintaining safe navigational watches at all times, including the provision of a lookout as required by the International Regulations for the Prevention of Collisions at Sea 1972, as amended. The chief engineer officer of any ship is required to ensure that the engineering watch arrangements for the ship are adequate at all times for maintaining a safe engineering watch. 2.4.2 The principles applying to the keeping of a safe watch are in section A-VIII/2 of the STCW Code and must be followed in order to comply with the Regulations. 3.0 HOURS OF WORK 3.1 WORKING ARRANGEMENTS 3.1.1 Every operator of a ship and employer is obliged to ensure that the master, officers and ratings do not work more hours than is safe in relation to the performance of their duties and the safety of the vessel. The same responsibility is placed on the master in relation to the seafarers. Manning levels should be such as to ensure so far as possible that the time and place available for taking rest periods are appropriate for achieving a good quality of rest. Operators will also want to take into account section B-VIII/1 of the STCW Code which provides further guidance about fitness for duty. 3.1.2 Operators are required to ensure that a schedule of duties is produced setting out the hours of work and the rest periods. It should provide that the master, officers and all other seamen do not work more hours than is safe in relation to the safety of the ship. In devising the schedule, operators should take account of factors such as- (a) trade and type of operation; (b) type and size of ship; (c) construction and technical equipment of ship; (d) manning levels and changes in crew numbers due to crew changes and sickness; (e) maximum period of continuous watchkeeping; (f) minimum rest periods; (g) total workload;

and (h) the seriousness of irregular working hours and their contribution to fatigue causation and the importance of scheduling reasonably stable watchkeeping hours over a voyage. c Revised as at 6th day of July, 2004 Page 47 Merchant Shipping (Certification, Safe Manning, Hours of Work and FIFTH SCHEDULE Watchkeeping) Regulations 3.1.3 Changes should not be made to the schedule unless they can be justified by substantially altered work patterns made necessary, for example, by a change in trading pattern or other significant factor. Where it is known that a vessel engages in an irregular trading pattern or that working hours are likely to be uniform this can be taken into account and recorded in the schedule. The consultation process referred to in paragraph 3.4 also applies to changes in the schedule. 3.2 CONSULTATION Operators of ships are required to seek the views of the master when first drawing up a schedule of duties for a ship or ships. The master of a ship should seek the views of his officers and shall seek and convey to the operator the views of the seafarers or their representatives or a trade union as appropriate. The final decision on the schedule rests with the operator who will have the responsibility to ensure that the schedule is safe in relation to the safety of the ship and the performance of duties. The master must ensure that, as far as reasonably practicable, the schedule is adhered to. Of course, in an emergency or when unforeseeable events occur, changes may well be unavoidable. Regulation 30(9) requires that, once a schedule has been completed by the operator, it must be displayed prominently in the crew accommodation on board the vessel for the information of all the seafarers. 3.3 RECORDS 3.3.1 A record of all deviations from the schedule’s requirements is to be kept on the ship. Any suitable form of record is acceptable provided that the record is always accessible to those authorised to carry out inspections; the record must be retained for a period of up to five years. There is no need to rewrite the schedule for each voyage so long as it is applicable to the voyage in question and the composition of the crew for whom it was originally intended has not changed. 3.3.2 The overriding aim is to ensure that a proper record of agreed work patterns exists on board for the benefit of crew members and inspecting authorities, and that the record may be matched to each individual crew member involved by means of other documents such as the crew list. 3.4 EXCEPTIONS FOR EMERGENCIES The regulations recognise that situations may arise in which a master or seaman may be required to exceed the schedule's duty periods. These include emergencies which threaten the safety of the ship or the environment or put life at risk. Where a master or other seaman exceeds the scheduled hours of work in this manner, and has worked during his rest period, his name must be entered in the record required to be maintained, together with the reason for the excess. 4.0 APPLICATION FOR A SAFE MANNING DOCUMENT 4.1 INFORMATION TO BE PROVIDED Page 48 Revised as at 6th day of July, 2004 c Merchant Shipping (Certification, Safe Manning, Hours of Work and Watchkeeping) Regulations FIFTH SCHEDULE 4.1.1 When applying to the Director for a safe manning document, owners or operators should submit a clear and concise explanation of how the proposed manning level has been determined and how it takes account of the guidance in paragraphs 2 and 3 and the hours of work provisions in the regulations. The Director will be able to make a quick assessment of the application if the owner or operator can demonstrate that all the factors and principles in those paragraphs have been taken into account. 4.1.2 Applications for a safe manning document should be made by the owner or a person authorised to act on his behalf, on a form which is obtainable from the CISR and which sets out the information required. The appropriate fee is payable with respect to the application. ANNEX TO FIFTH SCHEDULE GUIDANCE ON MINIMUM OFFICER MANNING LEVELS TABLE 1: DECK DEPARTMENT - UNLIMITED TRADING AREA GROSS TONNAGE OF SHIP AND STCW DECK STCW STCW MINIMUM OFFICER MANNING OFFICER GROSS TONNAGE REGULATION ≥3000 GT ≥500 BUT <500 GT RANK PARAMETERS REFERENCE tt <3000 GT tt tt Master ≥3000 II/2 (i) 1 Master ≥500 but <3000 II/2 (ii) 1 1 Master <500 (U) II/3 (i) Master <500 (NC) II/3 (ii) Chief Mate ≥3000 II/2 (i) 1 Chief Mate ≥500 but <3000 II/2 (ii) 1 OOW(D) ≥500 II/1 2 1 2(*) OOW(D) <500 (U) II/3 (i) OOW(D) <500 (NC) II/3(ii) (*) This requirement may be reduced by one if the master keeps a watch and if the length of voyage is short enough and the level of port activity low enough to ensure that the minimum rest periods for the master and crew, including watchkeepers, are achieved. Notes: OOW(D) means Officer in charge of a navigational watch. U means Unlimited trading area. NC means Near Coastal trading area. c Revised as at 6th day of July, 2004 Page 49 Merchant Shipping (Certification, Safe Manning, Hours of Work and FIFTH SCHEDULE Watchkeeping) Regulations With respect to Column 3- (i) means, with reference to the STCW Regulation referred to, the first part of that Regulation; and (ii) means, with reference to the STCW Regulation referred to, the second part of that Regulation The above levels are for guidance only and actual levels will vary according to the type, size, age and trading pattern of the vessel. TABLE 2: DECK DEPARTMENT - NEAR COASTAL TRADING AREA GROSS TONNAGE OF SHIPS AND Chapter 2. S MINIMUM OFFICER MANNING TCW STCW STCW DECK GROSS TONNAGE REGULATION ≥3000 ≥500 BUT <50 t 0 t GT O R FF A I N C K E R PARAMETERS REFERENCE G tt T <300 tt 0 GT Master ≥3000 II/2 (i) 1 Master ≥500 but <3000 II/2 (ii) 1 Master <500 (U) II/3 (i) Master <500 (NC) II/3 (ii) 1(**) Chief Mate ≥3000 II/2 (i) 1 Chief Mate ≥500 but <3000 II/2 (ii) 1 OOW(D) ≥500 II/1 1(*) 1(*) OOW(D) <500 (U) II/3 (i) OOW(D) <500 (NC) II/3(ii) 1 (*)Need not be carried if the master keeps a watch and if the length of voyage is short enough and the level of port activity low enough to ensure that the minimum rest periods for the master and crew, including watchkeepers, are achieved. (**)The master must hold a certificate which carries an endorsement to serve in that capacity. Notes: OOW(D) means Officer in charge of a navigational watch. U means Unlimited trading area. NC means Near Coastal trading area. With respect to Column 3- (i) means, with reference to the STCW Regulation referred to, the first part of that Regulation; and (ii) means, with reference to the STCW Regulation referred to, the second part of that Regulation Page 50 Revised as at 6th day of July, 2004 c Merchant Shipping (Certification, Safe Manning, Hours of Work and Watchkeeping) Regulations FIFTH SCHEDULE The above levels are for guidance only and actual levels will vary according to the type, size, age and trading pattern of the vessel. TABLE 3: ENGINE DEPARTMENT - UNLIMITED TRADING AREA ENGINE POWER OF SHIP IN KILOWATTS STCW (KW) AND MINIMUM ENGINEER OFFICER ENGINE STCW STCW MANNING POWER ENGINEER PARAMETERS REGULATION ≥3000 KW ≥750 BUT ≥350 BUT OFFICER RANK (KW) REFERENCE tt <3000 KW <750 tt tt Chief ≥3000 III/2 1 Near Engineer Coastal only – See Table 4 Chief ≥750 but III/3 1 Engineer <3000 2nd Engineer ≥3000 III/2 1 2nd Engineer ≥750 but III/3 1 <3000 OOW(E) ≥750 III/1 3(a) 3(a) Notes- (i) OOW(E) means Officer in charge of an engineering watch. (ii) All Engine Room Watch Ratings are to hold STCW III/4 certification on vessels of ≥750 kW. (iii) Manning of vessels with Unmanned Machinery Space (UMS) certification will be assessed on an individual basis. (iv) The suffix (a) means that the number of engineering watchkeepers holding STCWIII/1 certificates may be reduced to one if both the Chief and Second Engineer Officers keep a watch, or reduced to two if the Second Engineer Officer keeps a watch, always providing that the minimum hours of rest for officers and crew can be achieved. The above levels are for guidance only and actual levels will vary according to the type, size, age and trading pattern of the vessel. TABLE 4: ENGINE DEPARTMENT – NEAR COASTAL TRADING AREA STCW ENGINE POWER OF SHIP IN KILOWATTS STCW STCW ENGINE (KW) AND MINIMUM ENGINEER OFFICER ENGINEER REGULATION POWER MANNING OFFICER RANK REFERENCE PARAMETERS c Revised as at 6th day of July, 2004 Page 51 Merchant Shipping (Certification, Safe Manning, Hours of Work and FIFTH SCHEDULE Watchkeeping) Regulations (KW) ≥3000 KW ≥750 BUT ≥350 BUT tt <3000 KW <750* tt tt Chief ≥3000 III/2 1 Engineer Chief ≥750 but III/3 1 1(c) Engineer <3000 2nd Engineer ≥3000 III/2 1 2nd Engineer ≥750 but III/3 1 <3000 OOW(E) ≥750 III/1 3(b) 1 1(d) * This is a national banding and there is thus no STCW reference. Notes- (i) OOW(E) means Officer in charge of an engineering watch. (ii) All Engine Room Watch Ratings are to hold STCW III/4 certification on vessels of $750kW. (iii) Manning of vessels with Unmanned Machinery Space (UMS) certification will be assessed on an individual basis. (iv) The suffix (b) means that the number of engineering watchkeepers holding STCW III/1 certificates may be reduced to one if both the Chief and Second Engineer Officers keep a watch, or reduced to two if the Second Engineer Officer keeps a watch, always providing that the minimum hours of rest for officers and crew can be achieved. (v) The suffix (c) means that an officer holding a Senior Marine Engineer Operator’s (SMEO) Licence or equivalent may serve in place of the holder of an STCW III/3 certificate provided-  the officer is not also serving as master;  the ship is not a tanker; and  the ship is classed as UMS or has full bridge control with high level bilge alarms in the machinery;  spaces and engine room alarm systems relayed to the accommodation or navigating bridge. (vi) The suffix (d) means that the holder of a Marine Engineer Operator’s Licence or equivalent may serve in place of a STCW III/1 certificate holder; the officer may serve in a dual capacity in deck and engine room departments under the same conditions as outlined in (v). The above levels are for guidance only and actual levels will vary according to the type, size, age and trading pattern of the vessel. Page 52 Revised as at 6th day of July, 2004 c Merchant Shipping (Certification, Safe Manning, Hours of Work and Watchkeeping) Regulations FIFTH SCHEDULE Publication in consolidated and revised form authorised by the Governor in Cabinet this 6th day of July, 2004. Carmena Watler Clerk of Cabinet c Revised as at 6th day of July, 2004 Page 53