Maritime and Port Authority of Singapore (Harbour Craft) Regulations

Maritime and Port Authority of Singapore Act

(CHAPTER 170A, Section 41)

Rg 3

G.N. No. S 183/1997

REVISED EDITION 2000

(30th April 2000)

[9th April 1997]

Citation

1. These Regulations may be cited as the Maritime and Port Authority of Singapore (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 granted under these Regulations;

“licensed harbour craft” means a harbour craft in respect of which a licence has been granted under these Regulations;

“manning licence” means a licence granted under the Maritime and Port Authority of Singapore (Harbour Craft Manning Licence Examination) Regulations (Rg 4);

“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 below 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; and
(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 under 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,

is 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 is deemed not to be the owner of the harbour craft.

Application

3. These Regulations shall not apply to —

(a)	a pleasure craft;
(b)	a Government vessel which is not used for commercial purposes; or
(c)	a ship’s life-boats.

Harbour craft to be licensed

4. Except as provided in these Regulations —

(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 granted in respect thereof.

Use

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

Application for harbour craft licence

6.—(1) A person desirous of having a harbour craft licensed may 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) An applicant must —

(a)

produce his 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 will 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 measurements 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 is authorised to issue certificates on behalf of the Government; and
(ii)	such other documents 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 (Cap. 179, Rg 11);
(ii)	the Merchant Shipping (Non-Convention Ships) Safety Regulations (Cap. 179, Rg 9);
(iii)	the Merchant Shipping (Special Limits Passenger Ships) Safety Regulations (Cap. 179, Rg 8); and
(iv)	the Merchant Shipping (Load Line) Regulations (G.N. No. S 39/2000);

(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 may 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 grant a licence accordingly, subject to such conditions as he thinks fit; or
(b)	refuse to grant a licence if he is of the opinion that it would not be in the interests of the Authority for the harbour craft to be licensed.

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

(7) No licence shall be granted in respect of a harbour craft which is to be used for the carriage of more than 12 passengers unless there are in force the relevant certificates under regulations made under section 100 of the Merchant Shipping Act (Cap. 179) in respect of the harbour craft.

(8) No licence shall be granted in respect of any harbour craft unless there is in force in relation to the harbour craft a policy 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, 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 (Cap. 179, Rg 11) or the Merchant Shipping (Non-Convention Ships) Safety Regulations (Cap. 179, Rg 9), as the case may be; and
(b)	in the case of a tanker carrying liquefied gases or dangerous chemicals, 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 Authority may, in its 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 it thinks fit.

Fees

7.—(1) The fees for —

(a)	a licence;
(b)	a renewal of a licence;
(c)	a replacement of a licence;
(d)	late submission of application to renew a licence; and
(e)	a certified copy of a licence,

shall be determined by the Authority.

(2) The fees for —

(a)	a search of the particulars entered in the register;
(b)	an inspection of the harbour craft;
(c)	registering a change of ownership; and
(d)	other services offered by the Authority,

are specified in the Maritime and Port Authority of Singapore (Scale of Dues, Rates and General Fees) Notification (N 2).

(3) Subject to this regulation and regulation 33, the licence is valid for a period of 12 months from the date of issue.

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

(5) If the Port Master makes an order referred to in paragraph (4), 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 is not necessary for that cargo harbour craft to be licensed separately as a passenger harbour craft.

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

(2) The Port Master shall keep a register of licences which shall contain such information as he considers 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 granted to the previous owner in respect of the harbour craft 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 granted to the previous owner shall be transferred to the new owner and is valid for the remainder of the period for which it was granted.

(3) Upon the death of the owner of a licensed harbour craft, the licence granted 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 must 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) The transfer under paragraph (3) 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).

(5) Upon application being made under paragraph (4), the Port Master shall transfer the licence to the person designated in the application.

Licence to be kept on board harbour craft

11. The owner of a licensed harbour craft shall display the licence conspicuously on board the harbour craft 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

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

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

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

13. Every change in the particulars appearing in the register which occurs after the Port Master has granted the licence to which the particulars relate must be endorsed on or contained in that licence and be entered in the register.

Replacement of licence

14.—(1) If a licence granted under these Regulations is lost or destroyed or if any particulars have become illegible, the owner of the licensed harbour craft shall forthwith apply to the Port Master for the issue of a replacement licence or for such particulars as have become illegible to be re-entered or endorsed on the licence.

(2) A person shall return to the Port Master any licence granted to him which is expired or is cancelled.

Permanent number of harbour craft

15.—(1) Upon the grant of a licence, the Port Master is to assign a licence number to the harbour craft.

(2) The licence number of every harbour craft licensed —

(a)	for use as a bum-boat shall be prefixed with the letters “SA”;
(b)	for use as a cargo harbour craft, shall be prefixed with the letters “SC”;
(c)	to carry passengers, shall be prefixed with the letters “SP”;
(d)	for use as a tanker, shall be prefixed with the letters “SB”;
(e)	for use 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

16.—(1) The owner of a licensed 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 First Schedule or as may be directed by the Port Master.

(2) 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

17.—(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 (Cap. 288).

(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” has the same meaning as in the Secondhand Dealers Act.

Number of passengers to be carried

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

(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

19.—(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.

20. The owner or master of a 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 Second Schedule.

Fire-fighting appliances, etc.

21. 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 Third 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 Third Schedule.

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

22. Where these Regulations require that a particular fitting, material, appliance, equipment or apparatus, or type thereof, must be fitted or carried in a harbour craft, or that a particular provision must 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

23. The owner, master or person-in-charge of a mechanically propelled harbour craft shall cause it to be equipped with an audible warning device approved by the Port Master and capable of emitting short and prolonged blasts.

Manning requirements

24.—(1) The owner, master or person-in-charge of a harbour craft shall cause the harbour craft to be provided with officers duly licensed under the Maritime and Port Authority of Singapore (Harbour Craft Manning Licence Examination) Regulations (Rg 4) and in accordance with the table set out in the Fourth Schedule.

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

Alteration of harbour craft prohibited

25.—(1) No owner of a harbour craft shall cause or permit the harbour craft to be altered so 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 granted 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

26. 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

27.—(1) No licensed harbour craft 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

28. Subject to regulation 8, no owner or master of a bum-boat shall cause or permit the bum-boat to carry any person other than the members of the crew.

Prohibition on harbour craft being overloaded

29.—(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 influence of intoxicating substance

30.—(1) Any person who, when operating or navigating, or attempting to operate or navigate, a harbour craft within the port, is unfit to operate or navigate the harbour craft (in that he is under the influence of drink, or of a drug or an intoxicating substance, 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 that person is unfit to operate or navigate the harbour craft (in that the person is under the influence of drink, or of a drug or an intoxicating substance, 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);

“intoxicating substance” has the same meaning as in the Intoxicating Substances Act (Cap. 146A).

Navigating harbour craft recklessly or negligently

31. Any person who navigates a harbour craft within the port —

(a)

recklessly or negligently; or

(b)

at such a speed, or otherwise in any way, that is —

(i)	dangerous or likely to cause injury to a member of the public or damage to his property; or
(ii)	likely to cause annoyance or be a 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

32.—(1) The owner or master of a 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, master or 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 the harbour craft to be inspected.

Cancellation and suspension of harbour craft licence

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

(a)	has, in or in connection with any application by him for a licence or a renewal thereof, made any false or fraudulent declaration or representation, whether or not in writing;
(b)	has 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, in the opinion of the Port Master for some other reason, unfit to hold the licence.

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

(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.

(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 to the Minister whose decision shall be final.

Inspection of harbour craft

34. 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

35. 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 Act, the Merchant Shipping Act (Cap. 179) or any rules or regulations made under those Acts.

Renewal of licence

36.—(1) Every licence granted or transferred under these Regulations may 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 which use is licensed 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

37.—(1) Where a licence is not renewed as provided in regulation 36(1) and the Port Master is of the opinion that the harbour craft in respect of which the licence was granted 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 the 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

38. If —

(a)	a licensed harbour craft is represented by the display of a licence number not assigned to it ; or
(b)	a harbour craft the use of which is not licensed is represented by the display of a licence number, the production of any document or by any other means, 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 Authority to use harbour craft otherwise than in accordance with these Regulations

39.—(1) The Authority may permit —

(a)	any person or class of persons to use one or more harbour craft within the port; and
(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 Authority may, in granting its permission under paragraph (1), impose such terms and conditions as it thinks fit.

Penalty

40. Any person who contravenes or fails to comply with regulation 4, 10(1), 11, 12(1), 14, 16, 18, 19, 20, 21, 23, 24, 25, 27, 28, 29, 32, 33(4), 34, 35, 36(2) or 37 or any of the conditions and restrictions subject to or upon which any licence is granted 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.

Savings

41. Any licence, permit or any instruction in writing given under the revoked Port of Singapore Authority (Harbour Craft) Regulations (Cap. 236, Rg 3) is deemed to have been issued under the corresponding provisions of these Regulations.

Search within Legislation