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Maritime Regulations Ch.09 |
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NEAR-COASTAL VOYAGES
69.
21 of 98 |
In this
Chapter: |
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(a) |
near-coastal voyage
means a voyage between places within Vanuatu; and |
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(b) |
unless the context
otherwise requires, the meanings of the terms employed shall be as set out in
section 3691). |
| 70. |
This Chapter
applies to seagoing vessels engaged on near-coastal voyages except such vessels
which are: |
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(a) |
fishing vessels; |
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(b) |
pleasure yachts not
engaged in trade; |
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(c) |
wooden vessels of
primitive build; |
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(d) |
not propelled by
mechanical means unless expressly provided
otherwise. |
| 71. |
(1) |
The examination
officers within Vanuatu is limited to the requirements for service
on
vessels of less than 500 gross tons engaged on near-coastal voyages. |
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(2) |
Certification of the
special training requirements for personnel on certain types of
vessels
specified in Chapter V of STCW 95 is
excluded. |
| 72. |
(1) |
Every vessel of 500
gross tons or more to which this Chapter applies shall, whenever it
proceeds
to sea, be manned in accordance with the IMO principles of safe manning
and
shall carry a Safe Manning Certificate on which is indicate the manning
requirements for
foreign-going voyages, the vessel may also, on the
application of the Owner, be issued
with a further Safe Manning Certificate
showing the manning requirements for trading
within
Vanuatu. |
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(2) |
Every vessel of less
than 500 gross tons shall be manned in accordance with schedule 7 of the
Shipping Act, Cap. 53. |
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(3) |
Notwithstanding the
provisions of sub-section (1) of this section, every vessel to which this
Chapter applies shall, at least, be manned in accordance with schedule 7 of the
Shipping Act, Cap 53. |
| 73. |
(1) |
Every vessel
to which this Chapter applies shall carry a qualified Master and the
qualified
officers specified on the vessel's Safe Manning Certificate or
schedule 7 of the Shipping Act, Cap 53, as
appropriate. |
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(2) |
A master is
qualified and any officer is qualified if he holds a valid certificate
of
competency issued and endorsed in accordance with STCW 78 of STCW 95
as
appropriate which is: |
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(a) |
in
date; |
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(b) |
valid for the function
that he is to perform on the vessel; |
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(c) |
valid for the vessel's
size or power of the vessel, or vessels, in which he is to serve; and |
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(d) |
valid for the area in
which the vessel, or vessels, in which he is to serve; will operate. |
| 74. |
It shall be the duty of
every Master and Owner of a vessel to which this Chapter applies to ensure that
no officer serves in charge of a watch unless that person holds a certificate of
competency or endorsement as provided by this Chapter except that, in the event
of the death or incapacity of any master or officer at sea, another officer with
a certificate of competency or endorsement entitling him to serve in a lesser
capacity may serve in the position of the person incapacitated for a maximum
period or until such time as the vessel reaches a safe
port. |
| 75. |
(1) |
The Principal Licensing
Officer may, under this Chapter, after consultation with the
Commissioner or
a Deputy Commissioner issue an endorsement to any certificate of
competency
which he considers to be acceptable for service in a Vanuatu vessel
engaged
solely on near-coastal voyages on application by the owner for that
vessel and on the
provision of such information about the seafarer as the
Principal Licensing Officer may
specify. |
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(2) |
An endorsement shall be
valid only for the service in the vessels identified on it and shall show an
expiry date which shall be a date not later than the next revalidation date of
the Master's or officer's certificate of
competency. |
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(3) |
In the case of Masters,
Chief Engineers, Chief mates and Second Engineers, every candidate for an
endorsement shall be competent in all relevant matters and the Owner shall
ensure that the officers is so competent and shall provide a declaration to that
effect at the time of making the application. |
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(4) |
An endorsement issued
under this Chapter shall be valid only when accompanied by the holder's
certificate of competency and shall be kept available for inspection at any time
on the vessel in which the holder is
serving. |
| 76. |
(1) |
An endorsement remains
the property of, and may be withdrawn at any time by, the
Principal
Licensing Officer and, if withdrawn, it shall be returned to the Principal
Licensing Officer at the earliest opportunity after notification of its
withdrawal. |
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(2) |
Should it come to the
attention of the Principal Licensing Officer that an officer might be guilty of
any misconduct or incompetence in relation to any of his duties on board a
Vanuatu vessel, the Principal Licensing Officer shall cause such an
investigation, as he deems necessary to be made. |
| 5
of 99 |
(3) |
Following any
investigation conducted by virtue of sub-section 2 of this section which
concludes that the master or officer is guilty of the misconduct or incompetence
alleged, any endorsement that he holds may be withdrawn by the Principal
Licensing Officer and may not be re-issued without the approval of the
Authority. |
| 77. |
(1) |
Every candidate for
certification as master or first mate on a seagoing vessel of 500 gross tons or
more engaged solely on near-coastal voyages shall hold an appropriate
certificate. The Principal Licensing Officer, in accordance with Regulation I/10
of STCW 95, shall endorse such certificate. |
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(2) |
Every candidate for
certification as officer in charge of a navigational watch on a seagoing vessel
of 500 gross tons or more engaged solely on near-coastal voyages shall hold an
appropriate certificate. The Principal Licensing Officer, in accordance with
Regulation I/10 of STCW 95, shall endorse such
certificate. |
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(3) |
Every candidate for
certification as chief engineer, second engineer, engineer in charge of an
engineering watch on a seagoing vessel of 500 gross tons or more engaged solely
on near-coastal voyages shall hold an appropriate certificate. The Principal
Licensing Officer, in accordance with Regulation I/10 of STCW 95, shall endorse
such certificate. |
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(4) |
Every navigational
watch rating specified in the Safe Manning Certificate of a vessel of 500 gross
tons of more shall hold an engine room watch rating certificate issued by a
Party to the STCW Convention. |
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(5) |
Every engine room watch
rating specified in the Safe Manning Certificate of a vessel of 500 gross tons
of more shall hold an engine room watch rating certificate issued by a Party to
the STCW Convention. |
| 78. |
Every
candidate for certification, appropriate to the position in which he is intended
to serve, on a seagoing vessel of less than 500 gross tons engaged solely on
near-coastal voyages shall either: |
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(a) |
meet the requirements
of section 77; or |
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(b) |
be certified in
accordance with the provisions of the Shipping Act, Cap 53. Such certificate,
shall be endorsed by the Principal Licensing Officer, after consultation with
the Commissioner or a Deputy Commissioner, in accordance with Regulation I/10 of
STCW 95 and shall clearly indicate any restrictions on its validity. |
| 79. |
Notwithstanding the
requirements of section 75 to 78 inclusive of this Chapter, the
Principal
Licensing Officer may, until 1st February 2002, issue, recognise
and endorse certificates in accordance with the provisions of the Shipping Act,
Cap 53 which applied immediately prior to 1st February, 1997 in respect of those
seamen who commenced approved Seagoing service, an approved education and
training programme or an approved training course before 1st August 1998, as
provided for by regulation I/15 of STCW 95. Furthermore, until 1st February
2002, the Principal Licensing Officer may renew and revalidate certificates and
endorsements in accordance with the provisions of the Shipping Act, Cap 53 as
applicable immediately prior to 1st February,
1997. |
| 80. |
(1) |
In order to continue to
qualify for sea-going service, the holder of a certificate issued
or
recognised under these regulations shall, at intervals not exceeding five
years, provide
evidence of his medical fitness for sea service and
continued competency appropriate to
the position on board which he is
qualified to fill. On receipt of such evidence, the
Principal Licensing
Officer, shall consult with the Commissioner or a Deputy
Commissioner, and
if satisfied the evidence warrants it, shall revalidate the certificate. |
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(2) |
Certificates not
revalidated in accordance with sub-section 1 of this section will not be valid
for Seagoing service. |
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(3) |
Owners shall ensure
that Masters and officers are provided with updating training and knowledge
appropriate to developments in marine equipment and changes in appropriate
legislation. |
| 81. |
(1) |
It shall be
the duty of the Owner and Master to ensure that every crew member on
board,
before taking up his duties, shall receive training sufficient to
ensure that he is competent
to: |
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(a) |
communicate with other
persons on board on elementary safety matters; |
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(b) |
understand safety
information symbols, signs and alarm signals; |
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(c) |
identity muster and
embarkation stations and emergency escape routes; |
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(d) |
understand the action
to take in the event of a person falling overboard, fire or
smoke being
detected, a person being overcome in an enclosed space, or a fire
or
"abandon ship" alarm being sounded; |
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(e) |
locate and don life
jackets; |
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(f) |
initiate alarms and use
portable fire extinguishers; |
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(g) |
take appropriate
immediate action on ecountering an accident or other medical emergency; and |
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(h) |
operate any fire or
watertight doors fitted in the particular vessel. |
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(2) |
The
familiarisation training outlined above shall be
provided: |
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(a) |
on each occasion a
person joins a vessel for the first time or after an absence from that vessel
for six months or more; |
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(b) |
be provided on board
either at a shore establishment before the person joins the vessel or be
provided on board the vessel at the time the person joins the vessel and before
the person takes up his duties on
board. |
| 82. |
Every person
forming part of a watch shall be provided with not less than 10 hours rest in
total in any 24 hour period provided that: |
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(a) |
the 10 hour period may
be divided into two periods one of which shall be not less that 6 hours; |
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(b) |
for a maximum period of
two days, if the nature of the vessel's operation precludes the provision of 10
hours' rest in any 24 hour period, at least 6 hours rest shall be provided in
any 24 hour period provided that in any seven day period not less than 70 hours
of rest are provided. |
| 83. |
(1) |
The Owner of every
vessel to which these regulations applies shall consult with
the master of
the vessel and draw up a schedule showing the maximum watch periods
and
minimum rest periods to be observed by crew members in accordance with
these regu-lations. The schedule shall not be changed except after consultation
with the master. |
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(2) |
Every vessel to which
these regulations applies which is engaged only a short voyages
not
exceeding 12 hours and has a crew which receives leave periods at
intervals not exceeding 4 weeks and which operates continuously between the same
ports, need not comply with the hours of rest set out in this Chapter but if the
vessel does not comply, the
Owners shall submit a schedule of work and rest
periods to the Principal Licensing Officer for approval and shall not operate
the vessel to a schedule of rest periods that is not approved by the Principal
Licensing
Officer. |
| 84. |
(1) |
Notwithstanding other requirements of this Chapter, every Owner,
Master, crew member
or other person shall fulfil his obligations under STCW
95 and any subsequent
amendments thereto. |
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(2) |
In the event
of failure to comply with the requirements and obligations of sub-section 1 of
this section, the Commissioner may: |
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(a) |
suspend or cancel any
master's or other officer's license, certificate
or endorsement; |
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(b) |
suspend or cancel a
vessel's Certificate of Registry and impose a monetary penalty not to exceed
VT100,000; and |
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(c) |
set such other
conditions as he may consider necessary. |
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(3) |
The
Commissioner or his nominee shall cause a list of amendments to STCW 95 to be
published prior to their entry into force and shall, from time to time, provide
other information and appropriate guidance in the form of Maritime Bulletins,
Fleet Safety Letters, Updates, Newsletters or other means of written or
electronic communication." |
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Document Processing Time |
Seafarer documents
| 5 Business days
| Registration documents
| Same day
| Exemptions certificates
| Same day
| | Updated August 29, 2008 |
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