Port of Singapore Authority (Harbour Craft) Regulations

Port of Singapore Authority Act

(Chapter 236, Section 66)

Rg 3

REVISED EDITION 1990

(25th March 1992)

[1st January 1975]

Citation

1. These Regulations may be cited as the Port of Singapore Authority (Harbour Craft) Regulations.

Definitions

2.—(1) In these Regulations, unless the context otherwise requires —

“bum-boat” means a harbour craft licensed to carry goods —

(a)	for sale to;
(b)	purchased from; or
(c)	both for sale to and purchased from,

any owner, passenger or member of the crew of any other vessel;

“cargo harbour craft” means a harbour craft used for the carriage of cargo other than a bum-boat and a tanker;

“licence” means a licence issued under these Regulations;

“manning licence” means a licence issued under the Port of Singapore Authority (Harbour Craft Manning Licence Examination) Regulations;

[Rg 9.]

“passenger” means every person other than —

(a)	the master and the members of the crew or other persons employed or engaged in any capacity on board a harbour craft on the business thereof; and
(b)	a child under one year of age;

“passenger harbour craft” means a harbour craft used for the carriage of passengers for hire or reward;

“pleasure craft” means any harbour craft —

(a)	which is used exclusively for pleasure purposes other than for the carriage of passengers on sightseeing tours within the port;
(b)	for the use of which a passenger, if any, is not charged a separate and distinct fare;

“register” means a register of licences kept by the Port Master pursuant to regulation 9(2);

“tanker” means a harbour craft constructed and adapted for carriage in bulk of liquid cargo of an inflammable nature;

“tug boat” means a harbour craft used for towing, pushing or pulling any other vessel.

(2) For the purposes of these Regulations —

(a)

any person who —

(i)	is the sole, joint or part owner of a harbour craft;
(ii)	has possession or control of a harbour craft which is subject to the terms of a hire-purchase agreement, bill of sale or other similar instrument; or
(iii)	has possession or control of a harbour craft under the terms of a charter agreement,

shall be deemed to be the owner of the harbour craft; and

(b)	any person who is the owner of a harbour craft which is subject to the terms of a hire-purchase agreement, bill of sale or other similar instrument but who is not entitled to possession of the harbour craft shall be deemed not to be the owner of the harbour craft.

Application

3. These Regulations shall not apply to —

(a)	a pleasure craft;
(b)	Government vessels which are not used for commercial purposes; and
(c)	a ship’s life-boats.

Harbour craft to be licensed

4. Except as hereinafter provided —

(a)	no person shall use a harbour craft; and
(b)	no owner of a harbour craft shall cause or permit the harbour craft to be used within the port,

without a licence issued in respect thereof.

Use

5. For the purposes of regulation 4, a harbour craft is deemed to be used if such harbour craft is water-borne, moored or anchored.

Application for a harbour craft license

6.—(1) A person desirous of having a harbour craft licensed shall apply to the Port Master for a licence.

(2) A harbour craft may be licensed in the name of one or more individuals or in the name of a body corporate.

(3) The applicant or applicants shall —

(a)

produce his National Registration Identity Card or passport;

(b)

produce the certificate of incorporation of the company or an up-to-date computer report setting out the particulars of the company from the Registry of Companies and Businesses, if the harbour craft is owned by a body corporate;

(c)

state the type, dimensions and specifications of the hull and details of the engine of the harbour craft, the purpose for which the harbour craft is intended to be used and the place where the harbour craft shall normally moor, ply or be hired out from;

(d)

produce documentary or other evidence of the nationality and ownership of the harbour craft to the satisfaction of the Port Master;

(e)

furnish documentary evidence of the tonnage and measurement of the harbour craft to the satisfaction of the Port Master;

(f)

if the harbour craft is classed, produce —

(i)	a classification certificate issued by a classification society which has been authorised to issue certificates on behalf of the Government; and
(ii)	such other document relating to the seaworthiness of the harbour craft as the Port Master may determine;

(g)

where applicable produce documentary evidence of compliance with —

(i)	the Merchant Shipping (Safety Convention) Regulations; [Rg 11.]
(ii)	the Merchant Shipping (Non-Convention Ships) Safety Regulations; []
(iii)	the Merchant Shipping (Special Limits Passenger Ships) Safety Regulations; and [Rg 8.]
(iv)	the Merchant Shipping (Load Line) Regulations; [Rg 5.]

(h)

produce the relevant manning licence held by the master and other licensed officers of the harbour craft;

(i)

produce documentary evidence to the satisfaction of the Port Master that there is in force in respect of the user of the harbour craft a policy of insurance which insures the owner or master of or any other person using the harbour craft in respect of third party risks and for wreck removal costs;

(j)

furnish the names, addresses and other particulars of the master and other licensed officers of the harbour craft; and

(k)

furnish such other documents and particulars in respect of the harbour craft as the Port Master may require.

(4) The Port Master shall require a harbour craft for which a licence is required or in respect of which a licence is to be renewed to be brought to a place for inspection at a date and time appointed by the Port Master.

(5) The Port Master may inspect the harbour craft, and may —

(a)	if he thinks it seaworthy and proper for the intended use, cause the harbour craft to be licensed and issue a licence accordingly, subject to such conditions as he may think fit to impose; or
(b)	refuse to issue a licence if he is of the opinion that it would not be in the interests of the Authority for such harbour craft to be licensed.

(6) The Port Master may at any time vary or revoke any existing condition of a licence or impose conditions or additional conditions thereto.

(7) Where a harbour craft is used or to be used for the carriage of more than 12 passengers no licence shall be granted in respect thereof unless there is in force in relation thereto a certificate issued under section 134 of the Merchant Shipping Act [Cap. 179].

(8) No licence shall be granted in respect of any harbour craft unless there is in force in relation to such harbour craft a policy or policies of insurance which insures the owner or master or any other person using the harbour craft for —

(a)	any liability which may be incurred by any of them in respect of the death of or bodily injury to any person caused by or arising out of the use of the harbour craft;
(b)	any liability which may be incurred by any of them in respect of loss of or damage to property belonging to any third party arising out of the use of the harbour craft;
(c)	wreck removal costs; and
(d)	in the case of a tanker carrying oil, there is also a policy of insurance for oil pollution damage and costs of preventing or reducing damage resulting from the discharge or escape of oil.

(9) No licence shall be granted in respect of a tanker unless —

(a)	the Merchant Shipping (Safety Convention) Regulations; or [Rg 11.]
(b)	the Merchant Shipping (Non-Convention Ships) Safety Regulations, [Rg 9.]

as the case may be; and

(c)	in the case of a tanker carrying liquefied gases or dangerous chemicals, in addition, the relevant provisions of the International Maritime Organisation’s codes for ships carrying liquefied gases in bulk and dangerous chemicals in bulk have been complied with.

(10) The Port Master may, in his discretion, exempt the owner or charterer of a tanker from complying with any of the provisions of paragraph (9) either absolutely or subject to such conditions as he thinks fit.

Fees

7.—(1) The fees for —

(a)	a licence;
(b)	a replacement of a licence;
(c)	late submission of application to renew the licence;
(d)	a certified copy of the licence;
(e)	a search of the particulars entered in the register;
(f)	an inspection of harbour craft;
(g)	registering the change of ownership; and [S 22/94 wef 14/01/1994]
(h)	other services offered by the Authority, [S 22/94 wef 14/01/1994]

shall be as determined by the Authority.

[S 22/94 wef 14/01/1994]

(2) Subject to this regulation and regulation 35, the licence shall be valid for a period of 12 months from the date of issue.

(3) The Port Master may order that a licence shall be in force for a shorter period of not less than 6 months.

(4) If the Port Master makes an order referred to in paragraph (3), the fee charged for licensing shall be proportionate to the fee chargeable under paragraph (1).

When cargo harbour craft may carry passengers

8. The Port Master may, by endorsement on the licence of a cargo harbour craft, license the harbour craft to carry when empty of cargo, such number of passengers, if any, as he thinks fit, and in that case it shall not be necessary for that cargo harbour craft to be licensed separately as a passenger harbour craft.

9.—(1) The Port Master shall in issuing a licence deliver to the owner of every licensed harbour craft a licence containing such particulars as he may consider necessary for the purposes of these Regulations.

(2) The Port Master shall keep a register of licences which shall contain such information as he may consider necessary for the purposes of these Regulations.

Particulars to be submitted by new owner

10.—(1) On a change of ownership of a harbour craft, the previous owner and the new owner shall, within 7 days of the purchase by the new owner of the harbour craft, submit to the Port Master any licence issued in respect thereof to the previous owner and any documentary or other evidence of the change of ownership of the harbour craft.

(2) Where the Port Master is satisfied that ownership of the harbour craft has been transferred to the new owner the licence issued to the previous owner shall be transferred to the new owner and shall remain valid for the remainder of the period for which it was issued.

(3) Upon the death of the owner of a licensed harbour craft the licence issued in respect thereof shall be surrendered to the Port Master who may then transfer the licence to —

(a)	any person who makes an application for such transfer and can prove to the satisfaction of the Port Master that he is reasonably entitled to the beneficial interest in the harbour craft; or
(b)	any other person with the consent of the person referred to in sub-paragraph (a),

subject to the condition that such person shall not sell or otherwise dispose of the harbour craft or any interest therein until he has obtained either Probate of the Will or Letters of Administration to the Estate of the deceased as the case may be.

(4) Such transfer may be cancelled by the Port Master if during the currency of the said licence any person produces a Probate of the Will or Letters of Administration granted to him to the Estate of the deceased and he applies to have the licence transferred to some person other than the person mentioned in paragraph (3)(a) or (b) and upon such application being made by such person the Port Master shall transfer the licence to the person designated in the application.

Registered owner and master

11. The persons whose names appear in the register as —

(a)	the owner and master;
(b)	the owner; or
(c)	the master,

of a harbour craft shall for all the purposes of these Regulations be deemed to be the owner and master or the owner or the master thereof respectively.

Licence to be kept on board harbour craft

12. The owner of every licensed harbour craft shall display the licence in a conspicuous place on board the craft so as to be visible and where this is not possible shall produce the harbour craft licence to the Port Master or any police officer who demands it.

Notification of change of particulars of vessel

13.—(1) The owner of every licensed harbour craft shall report to the Port Master any change of the particulars set out in regulation 6(3), within 7 days of any such change.

(2) The Port Master may upon receipt of the report require inspection of the harbour craft or require the owner to take such measures as the Port Master may think necessary to satisfy himself that the craft is fit to be licensed.

Change in particulars to be endorsed on licence and entered in register

14. Every change in the particulars appearing in the register which has occurred after the Port Master has issued the licence to which such particulars relate shall be endorsed on or contained in that licence and shall be entered in the register.

Replacement of licence

15.—(1) If any licence or permit issued under these Regulations is lost or if any particulars have become illegible, the owner of the harbour craft in respect of which such licence or permit is issued shall forthwith apply to the Port Master for the issue of a replacement or for such particulars as have become illegible to be re-entered or endorsed thereon.

(2) A person shall return to the Port Master any licence or permit issued to such person under these Regulations which has expired or has been cancelled.

Permanent number of harbour craft

16. Upon the issue of a licence, the Port Master shall assign a licence number to the harbour craft. The licence number of every harbour craft licensed —

(a)	as a bum-boat shall be prefixed with the letters “SA”;
(b)	as a cargo harbour craft shall be prefixed with the letters “SC”;
(c)	to carry passengers shall be prefixed with the letters “SP”;
(d)	as a tanker shall be prefixed with the letters “SB”;
(e)	as a tug boat shall be prefixed with the letters “ST”; and
(f)	for any other purpose shall be prefixed with the letters “SR”.

Painting and carving of licence number

17. The owner of a harbour craft shall cause the licence number to be painted in large letters on each bow against a contrasting background and carved on, cut in or centre-punched into the main beam in the manner set out in the Second Schedule or as may be directed by the Port Master.

Licence number to be kept legible and visible

18. The licence number of a harbour craft shall be kept legible and visible at all times.

Painting of letters on harbour craft carrying water or goods

19.—(1) The owner or master of a bum-boat shall have the word “BUMBOAT” painted in large letters against a contrasting background on the external surface of each side of the harbour craft and in a manner approved by the Port Master.

(2) The owner or master of a bum-boat shall not cause or permit the bum-boat to carry secondhand goods purchased from any owner, passenger or member of the crew of another vessel unless the owner of the bum-boat is a licensed dealer within the meaning of the Secondhand Dealers Act.

(3) There shall be exhibited in a conspicuous position on a bum-boat used for the carriage of secondhand goods, a signboard which shall have printed on it in the English, Malay, Chinese and Tamil languages the words “Licensed Dealer in Secondhand Goods”.

(4) The owner or master of a bum-boat shall keep on board the bum-boat a book legibly written in which he shall record the particulars of —

(a)	all goods bought by him from any owner, passenger or member of the crew of any other vessel, with the date or dates of purchase, the price paid and the name and address, if in Singapore, of every person from whom he bought them; and
(b)	all goods sold by him with the date or dates of sale thereof and the price or prices received therefor.

(5) For the purposes of this regulation the word “goods” used in the expression “secondhand goods” shall have the same meaning as in the Secondhand Dealers Act.

Number of passengers to be carried

20.—(1) The number of passengers which may be carried on board a harbour craft shall be displayed in a conspicuous position on the craft.

(2) No owner or master of a harbour craft shall cause or permit the harbour craft to carry a greater number of passengers than the number allowed by and shown on its licence.

(3) No owner or master of a harbour craft shall cause or permit the harbour craft to carry a greater number of crew than the number allowed by and shown on its licence.

No cargo and luggage to be carried on board harbour craft carrying passengers

21.—(1) Where passengers are carried on board a harbour craft, no owner or master of the harbour craft shall cause or permit cargo or luggage other than the personal effects of the passengers to be carried on board.

(2) A harbour craft carrying passengers shall not be used for towing, pushing or pulling any other vessel.

Life-saving appliances, etc.

22. The owner or master of every harbour craft shall cause the harbour craft to carry, or be fitted or provided with, the life-saving and other appliances and equipment specified in the Third Schedule.

Fire-fighting appliances, etc.

23. The owner or master of every harbour craft shall cause the harbour craft to carry, or be fitted or provided with, the fire-fighting and other appliances and equipment specified in Part I of the Fourth Schedule, and if the harbour craft is licensed to carry dangerous cargo, the harbour craft shall also carry the appliances and equipment specified in Part II of the Fourth Schedule.

Other fitting, material, etc., may be fitted with approval of Port Master

24. Where these Regulations require that a particular fitting, material, appliance, equipment or apparatus, or type thereof, shall be fitted or carried in a harbour craft, or that a particular provision shall be made, the Port Master may allow any other fitting, material, appliance, equipment or apparatus or type thereof, to be fitted or carried, or any other provision to be made in that harbour craft, if he is satisfied that such fitting, material, appliance, equipment or apparatus or type thereof, or provision, is at least as effective as that required by these Regulations.

Warning device

25. Every mechanically propelled harbour craft shall be equipped with an audible warning device, approved by the Port Master and capable of emitting short and prolonged blasts.

Manning requirements

26.—(1) The owner, master or person in charge of every harbour craft shall cause the harbour craft to be provided with officers duly licensed under the Port of Singapore Authority (Harbour Craft Manning Licence Examination) Regulations and in accordance with the table set out in the Fifth Schedule.

[Rg. 9.]

(2) The Port Master may require any officer referred to in paragraph (1) to produce his Manning Licence issued under the Port of Singapore Authority (Harbour Craft Manning Licence Examination) Regulations and the officer shall comply with such requisition.

[Rg. 9.]

Alteration of harbour craft prohibited

27.—(1) No owner of a harbour craft shall cause or permit the harbour craft to be so altered as not to correspond with the particulars relating to her tonnage or description contained in the register without the prior written permission of the Port Master.

(2) The owner shall, immediately upon an alteration as is referred to in paragraph (1) being made, produce the harbour craft and the licence for inspection by the Port Master.

(3) The Port Master may on inspection of the harbour craft revoke the licence issued if he is of the opinion that the harbour craft is not fit for its intended use.

Harbour craft to be kept in clean and sanitary condition

28. The owner or master of every harbour craft shall keep the harbour craft in a clean and sanitary condition at all times.

Usage of harbour craft for purpose other than that stated on licence prohibited

29.—(1) No harbour craft licensed under these Regulations shall be used for a purpose other than that stated on the licence.

(2) No owner or master of a harbour craft shall cause or permit the harbour craft to ply or operate beyond the area specified in the licence without the prior written permission of the Port Master.

Prohibition on carriage of passengers on bum-boat

30. No owner or master of a bum-boat shall cause or permit such bum-boat to carry any person other than the members of the crew.

Prohibition on harbour craft being overloaded

31.—(1) No owner or master of a harbour craft shall cause or permit the harbour craft to be so loaded with cargo as to endanger the lives of persons on board.

(2) No owner, master or person in charge of a harbour craft shall cause or permit any harbour craft to be so loaded such that its main deck is awash or is liable to be awash.

Navigating harbour craft whilst under the influence of intoxicating liquor

32.—(1) Any person who operates or navigates a harbour craft upon any waters within the port while under the influence of intoxicating liquor or of any drug to such an extent as to be incapable of having proper control of the harbour craft shall be guilty of an offence and shall be liable on conviction to a fine not exceeding $5,000.

(2) Any owner of a harbour craft who permits a person to operate or navigate a harbour craft while such person is under the influence of intoxicating liquor or of any drug to such an extent as to be incapable of having proper control of the harbour craft shall be guilty of an offence and shall be liable on conviction to a fine not exceeding $5,000.

(3) In this regulation “drug” means a controlled drug as defined in the Misuse of Drugs Act [Cap. 185].

Navigating harbour craft recklessly or negligently

33. Any person who navigates a harbour craft within the port recklessly or negligently or at such a speed or otherwise in any way that is dangerous to or likely to cause injury or damage to the person or property of, or cause annoyance or nuisance to, any member of the public shall be guilty of an offence and shall be liable on conviction to a fine not exceeding $5,000.

Report of collision, etc., to Port Master

34.—(1) The owner or master of every harbour craft shall, within 24 hours, report to the Port Master —

(a)	any breaking-up, damage or loss of the harbour craft;
(b)	any collision, accident or other incident, causing the breaking-up, damage or loss of the harbour craft;
(c)	an accident, damage, injury or loss of life which the harbour craft has caused or is alleged to have caused; and
(d)	an accident, damage, injury or loss of life which occurs on board the harbour craft from any other cause.

(2) The owner or master or the person in charge of the harbour craft shall, in making the report under paragraph (1), also surrender the licence to the Port Master who may cause an inspection to be made of the harbour craft.

Cancellation and suspension of harbour craft licence.

35.—(1) The Port Master may cancel or suspend the licence if a person to whom a licence is granted —

(a)	has made or produced in or in connection with any application by him for a licence or a renewal thereof any false or fraudulent declaration or representation, whether or not in writing;
(b)	has, in the opinion of the Port Master, contravened or failed to comply with any of the provisions of the Act or any regulations made thereunder;
(c)	has committed an offence under the Act or any regulations made thereunder;
(d)	has contravened or failed to comply with any of the conditions of the licence; or
(e)	is for some other reason unfit to hold the licence.

[S 22/94 wef 14/01/1994]

(2) The Port Master may cancel or suspend the licence if for any other reason he is satisfied that the licence should be cancelled.

[S 22/94 wef 14/01/1994]

(3) The Port Master may cancel or suspend the licence if the harbour craft at any time goes beyond the port limits as declared under the Act.

[S 22/94 wef 14/01/1994]

(4) Any licence cancelled under these Regulations shall be returned to the Port Master immediately.

(5) Any person aggrieved by a decision of the Port Master under paragraph (1), (2) or (3) may, within 14 days of the cancellation or suspension of the licence, as the case may be, appeal in writing against such cancellation or suspension to the Minister whose decision shall be final.

[S 22/94 wef 14/01/1994]

Inspection of harbour craft

36. The owner or master of a harbour craft shall, at all reasonable times on demand by the Port Master, produce to the Port Master the harbour craft for inspection together with the licence, if any.

Duty to furnish name and address of person in charge of harbour craft

37. The owner of every harbour craft shall, at all reasonable times on demand by the Port Master or a police officer, furnish to the Port Master or the police officer the name and address of the person who was in charge of his harbour craft at any particular time when an offence has been committed or alleged to have been committed under the Merchant Shipping Act [Cap. 179], the Port of Singapore Authority Act, or any rules or regulations made thereunder.

Renewal of licence

38.—(1) Every licence issued or transferred under these Regulations shall be renewed before the date of expiry of the licence.

(2) If a licence is not renewed as provided in paragraph (1), the owner of the harbour craft in respect of which the licence was issued shall inform the Port Master immediately in writing or in person, the reason for not renewing the licence, and also what the owner intends to do with the harbour craft.

(3) The Port Master may in his discretion refuse to renew a licence.

Removal of unlicensed harbour craft which is likely to cause obstruction

39.—(1) Where a licence is not renewed as provided in regulation 38(1) and the Port Master is of the opinion that the harbour craft in respect of which the licence was issued is likely to become an obstruction, impediment or danger to navigation within the port or to the safe and convenient use or operation of the port, the Port Master may direct the owner thereof to remove such harbour craft from the waters of the port and the owner shall comply with such direction.

(2) Where an owner of a harbour craft, in compliance with a direction made under paragraph (1), removes the harbour craft from the waters of the port and keeps, destroys or otherwise disposes of the harbour craft, the owner shall inform the Port Master of the place in which such harbour craft is kept or produce such evidence as the Port Master may reasonably require of the destruction or disposal, as the case may be.

Offence to represent unlicensed harbour craft as licensed harbour craft

40. If any licensed harbour craft is represented by the display of a licence number not assigned to it or if any unlicensed harbour craft is represented by the display of a licence number, the production of any document or otherwise to be a licensed harbour craft, the person who made such representation shall be guilty of an offence and shall be liable on conviction to a fine not exceeding $2,000.

Permission of Port Master to use harbour craft otherwise than in accordance with these regulations

41.—(1) The Port Master may permit —

(a)	any person or class of persons to use one or more harbour craft within the port; or
(b)	any harbour craft or description of harbour craft to be used within the port,

otherwise than in accordance with any of the provisions of these Regulations.

(2) The Port Master may, in granting his permission under paragraph (1), impose such terms and conditions as he may think fit.

Penalty

42. Any person who contravenes or fails to comply with regulations 4, 10(1), 12, 13(1), 15, 18, 20, 21, 22, 23, 25, 26, 27, 29, 30, 31, 34, 35(4), 36, 37, 38(2) and 39 or any of the conditions and restrictions subject to or upon which any licence is issued under these Regulations shall be guilty of an offence and shall be liable on conviction to a fine not exceeding $5,000 and in the case of a continuing offence to a further fine not exceeding $1,000 for every day or part thereof during which the offence continues after conviction.

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