Merchant Shipping (Wing-in-Ground Craft) Regulations 2010

No. S 200

Merchant Shipping Act

(Chapter 179)

Merchant Shipping (Wing-in-ground Craft) Regulations 2010

In exercise of the powers conferred by sections 45, 100 and 216 of the Merchant Shipping Act, the Maritime and Port Authority of Singapore, with the approval of the Minister for Transport, hereby makes the following Regulations:

Citation and commencement

1. These Regulations may be cited as the Merchant Shipping (Wing-in-Ground Craft) Regulations 2010 and shall come into operation on 1st April 2010.

Definitions

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

“authorised organisation” means an organisation authorised by the Merchant Shipping (Authorised Organisations) Regulations (Rg 18) for the survey or inspection of Singapore ships and the issue of any certificate under Part V of the Act;

“Contracting Party” means any State Party to the Convention;

“Convention” means the International Convention for the Safety of Life At Sea, 1974, and any amendment made thereto which has come into force and has been accepted by the Government;

“Flag Administration” means the government of the State whose flag the WIG craft is entitled to fly;

“IMO” means the International Maritime Organization;

“permit to operate WIG craft” means a permit to operate a WIG craft —

(a)	issued by the Director or an authorised organisation under regulation 7(1); or
(b)	issued by the Flag Administration of any Contracting Party to the Convention and endorsed by the Director or Port Master under regulation 7(3);

“Singapore WIG craft” means a WIG craft that is a Singapore ship;

“WIG craft” or “wing-in-ground craft” means a multimodal craft which, in its main operational mode, flies by using ground effect above water or some other surface, without constant contact with the surface, and is supported in the air mainly by an aerodynamic lift generated on its wing or wings or its hull, or their parts, which are designed to utilise the ground effect action;

“WIG Craft Guidelines” means the Interim Guidelines for Wing-in-Ground (WIG) Craft adopted by the IMO by resolution MSC/Circ.1054 dated 16th December 2002, as amended by resolution MSC/Circ.1126 dated 6th January 2005 and any amendment made thereto from time to time which has been accepted by the Government;

“WIG craft safety certificate” means a WIG craft safety certificate —

(a)	issued by the Director or an authorised organisation under regulation 6(1);
(b)	issued by the Director under regulation 6(2)(a); or
(c)	issued by the Flag Administration of any Contracting Party to the Convention and endorsed by the Director under regulation 6(2)(b).

Requirements for WIG craft

3.—(1) These Regulations shall apply to every Singapore WIG craft and every WIG craft in Singapore waters.

(2) Subject to these Regulations and notwithstanding paragraph 8 of the Preamble to the WIG Craft Guidelines, every Singapore WIG craft and every WIG craft in Singapore waters, including any such WIG craft designed to carry less than 12 persons, shall comply with the provisions of the WIG Craft Guidelines.

(3) Subject to paragraph (4), a WIG craft which complies with the provisions of the WIG Craft Guidelines in their entirety and which has been surveyed and certified in accordance with regulation 6(1) shall be deemed to have complied with Chapters I to IV, regulations 18, 19 and 20 of Chapter V and Chapter X of the Merchant Shipping (Safety Convention) Regulations (Rg 11).

(4) For the purposes of these Regulations —

(a)

any reference in the WIG Craft Guidelines to “should” shall be read as a reference to “shall”;

(b)

any reference in the WIG Craft Guidelines to a WIG craft shall be read as a reference to —

(i)	a Singapore WIG craft; or
(ii)	a WIG craft in Singapore waters; and

(c)

a reference to “2.2 to 2.7” in —

(i)	10.2 of Part A of the WIG Craft Guidelines; and
(ii)	Annex 2 to the WIG Craft Guidelines,

shall be read as a reference to 2.1.2 to 2.1.7 of Part A of the WIG Craft Guidelines.

Exemptions

4.—(1) Except where otherwise specified by the Director in writing, a WIG craft which complies with the requirements of these Regulations shall be exempt from the requirements set out in —

(a)	the Merchant Shipping (Load Line) Regulations (Rg 5);
(b)	the Merchant Shipping (Special Limits Passenger Ships) Safety Regulations (Rg 8); and
(c)	the Merchant Shipping (Non-Convention Ships) Safety Regulations (Rg 9).

(2) The Director may exempt any WIG craft or description of WIG craft from all or any of these Regulations and any other regulations made under the Act (as he may specify in the exemption) on such terms as he may specify, and may, subject to giving reasonable notice, alter or cancel any such exemption granted.

(3) The Director may exempt any person or description of persons from all or any of these Regulations (as he may specify in the exemption) on such terms as he may specify, and may, subject to giving reasonable notice, alter or cancel any such exemption granted.

Administration

5. For the purposes of these Regulations —

(a)	any reference in the WIG Craft Guidelines to the Administration shall be read as a reference to the Director;
(b)	any reference in the WIG Craft Guidelines to an officer of the Administration shall be read as a reference to a surveyor of ships; and
(c)	any reference in the WIG Craft Guidelines to a surveyor, a nominated surveyor, an organisation, a recognised organisation or an organisation authorised or duly authorised by the Administration shall be read as a reference to an authorised organisation.

WIG craft safety certificate

6.—(1) The Director or an authorised organisation may, after a survey of a Singapore WIG craft in accordance with the provisions of the WIG Craft Guidelines, issue, in relation to the Singapore WIG craft, a WIG craft safety certificate, if the WIG craft complies with the provisions of the WIG Craft Guidelines.

(2) The Director may, at the request of the Flag Administration of any Contracting Party to the Convention, cause a foreign WIG craft to be surveyed and may, if satisfied that the requirements of these Regulations are complied with —

(a)	issue, or authorise the issue of, a WIG craft safety certificate in relation to the WIG craft; or
(b)	where appropriate, endorse or authorise the endorsement of a WIG craft safety certificate issued in relation to the WIG craft.

(3) The Director may, in issuing, endorsing, or authorising the issue or endorsement of any WIG craft safety certificate, impose any condition or restriction as he deems fit.

Permit to operate WIG craft

7.—(1) The Director or an authorised organisation may, after consulting the relevant administration of the port State where a Singapore WIG craft intends to operate, issue, in relation to the Singapore WIG craft, a permit to operate WIG craft, if the WIG craft complies with the provisions of 2.1.2 to 2.1.7 of Part A of the WIG Craft Guidelines.

(2) The Director may, in issuing any permit to operate WIG craft, impose any condition or restriction as he deems fit.

(3) If the Director or Port Master is satisfied that a foreign WIG craft complies with the provisions of 2.1.2 to 2.1.7 of Part A of the WIG Craft Guidelines, he may endorse a permit to operate WIG craft issued, in relation to the foreign WIG craft, by the Flag Administration of any Contracting Party to the Convention.

(4) No foreign WIG craft shall operate in Singapore unless it has on board a permit to operate WIG craft which is endorsed by the Director or the Port Master.

(5) The Director or Port Master may, in endorsing any permit to operate WIG craft, impose any condition or restriction as he deems fit.

Powers to inspect and detain

8.—(1) A WIG craft to which these Regulations apply shall be subject, in Singapore waters, to inspection by the Director, the Port Master, a surveyor of ships, or any officer authorised by the Director or Port Master.

(2) Any such inspection shall include (but not be limited to) verifying that there are on board that WIG craft, in the form prescribed by the WIG Craft Guidelines —

(a)	a valid or validly endorsed WIG craft safety certificate; and
(b)	a valid or validly endorsed permit to operate WIG craft.

(3) If, upon the inspection referred to in paragraph (2), it is found, or there appear to be grounds for believing, that —

(a)	the condition of the WIG craft or its equipment does not correspond substantially with the particulars thereof specified in its WIG craft safety certificate;
(b)	the WIG craft is not operating in accordance with its permit to operate WIG craft; or
(c)	the WIG craft does not carry a valid or validly endorsed WIG craft safety certificate or permit to operate WIG craft,

the Director or Port Master may detain the WIG craft and require the owner, master or agent of the WIG craft to take such steps as the Director or Port Master may consider necessary to ensure that the WIG craft does not proceed to sea until it can do so without presenting an unreasonable threat of harm to the safety of life at sea.

(4) The Director or Port Master may, in a case referred to in paragraph (3), permit the WIG craft to proceed to the nearest appropriate repair yard.

Prohibition on proceeding to sea without valid WIG craft safety certificate or permit to operate WIG craft

9.—(1) The owner, agent or master of every WIG craft intending to —

(a)	enter the port;
(b)	leave the port for a port or place outside Singapore waters; or
(c)	make any movement within the port,

shall, before the WIG craft enters or leaves the port or makes any movement within the port, as the case may be, including where the WIG craft intends to operate on a non-commercial basis or to engage on a transit passage without passengers or cargo, procure and carry on board —

(i)	a valid or validly endorsed WIG craft safety certificate issued in relation to the WIG craft; and
(ii)	a valid or validly endorsed permit to operate WIG craft issued in relation to the WIG craft.

(2) If any WIG craft —

(a)

is not exempted from complying with this regulation; and

(b)

without a valid or validly endorsed WIG craft safety certificate or permit to operate WIG craft issued in relation to the WIG craft —

(i)	enters, leaves or attempts to enter or leave the port; or
(ii)	makes or attempts to make any movement within the port,

the owner, agent and master of the WIG craft shall each be guilty of an offence and shall be liable on conviction to a fine not exceeding $10,000, and the WIG craft, if it has not left Singapore waters, may be detained.

(3) Every WIG craft safety certificate and permit to operate WIG craft required to be carried on board a WIG craft shall be readily available for inspection on board the WIG craft, and shall be produced, on request, to the Director, the Port Master, a surveyor of ships, or any officer authorised by the Director or Port Master.

Offence

10. Any person who contravenes or fails to comply with —

(a)	any requirement of these Regulations; or
(b)	any condition or restriction subject to which, or upon which, any WIG craft safety certificate or permit to operate WIG craft is issued or endorsed under these Regulations,

shall be guilty of an offence and shall be liable on conviction to a fine not exceeding $10,000.

Made this 30th day of March 2010.

LUCIEN WONG

Chairman,
Maritime and Port Authority of Singapore.

[MPA 46/02.C23.V01/LSK; AG/LEG/SL/179/2005/7 Vol. 1]

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