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No. S 345

Merchant Shipping Act

(Chapter 179)

Merchant Shipping
(Training, Certification and Manning)
(Amendment) Regulations 2000

In exercise of the powers conferred by sections 47, 100 and 216 of the Merchant Shipping Act, the Maritime and Port Authority of Singapore, with the approval of the Minister for Communications and Information Technology, hereby makes the following Regulations:

Citation and commencement

1. These Regulations may be cited as the Merchant Shipping (Training, Certification and Manning) (Amendment) Regulations 2000 and shall come into operation on 1st August 2000.

Amendment of regulation 2

2. Regulation 2 of the Merchant Shipping (Training, Certification and Manning) Regulations 1998 (G.N. No. S 89/98) (referred to in these Regulations as the principal Regulations) is amended —

(a)

by inserting, immediately after the definition of “Convention”, the following definition:

“ “DSC Code” means the Code of Safety for Dynamically Supported Craft adopted by the IMO by resolution A.373(X) as may be amended by the IMO and accepted by the Government;”;

(b)

by inserting, immediately after the definition of “home-trade ship”, the following definition:

“ “HSC Code” means the International Code of Safety for High-Speed Craft adopted by the Maritime Safety Committee of the IMO by resolution MSC.36(63) as may be amended by the IMO and accepted by the Government;”; and

(c)

by deleting the full-stop at the end of the definition of “tons” and substituting a semi-colon, and by inserting immediately thereafter the following definition:

“ “type rating certificate” means a certificate issued by the Director under regulation 10A and in accordance with —

(a)	paragraph 2 of chapter 17 of the DSC Code; or
(b)	paragraph 3 of chapter 18 of the HSC Code.”.

New regulations 10A and 10B

3. The principal Regulations are amended by inserting, immediately after regulation 10, the following regulations:

“Type rating certificate

10A.—(1) The Director may, in his discretion and upon such conditions as he may determine, issue a type rating certificate to any person in accordance with —

(a)	paragraph 2 of chapter 17 of the DSC Code; or
(b)	paragraph 3 of chapter 18 of the HSC Code.

(2) Where the Director is of the opinion that a person whose type rating certificate issued under this regulation is not a fit and proper person to be employed on a Singapore ship or that the person has breached any condition upon which his certificate is issued, the Director may issue a written notice to the person informing that person of his intention to revoke his type rating certificate and giving reasons therefor and requiring that person to show cause why his certificate should not be revoked.

(3) Any person required to show cause under paragraph (2) may do so in writing addressed to the Director or may, at the discretion of the Director, appear before an officer appointed by the Director to investigate the matter.

(4) Where no cause or insufficient cause is shown, the Director shall issue a written notice to the person informing him that his type rating certificate will be revoked as from a specified date and giving the reasons therefor and the person shall, on being so required by the Director, forthwith deliver his type rating certificate to the Director for cancellation.

(5) Any person who fails to deliver his type rating certificate to the Director when required to do so under paragraph (4) shall be guilty of an offence and shall be liable on conviction to a fine not exceeding $2,000.

(6) Any person aggrieved by any decision of the Director to revoke his type rating certificate may appeal to the Minister whose decision shall be final.

(7) An appeal lodged under paragraph (6) shall not operate as a stay of the decision of the Director to revoke the appellant’s type rating certificate unless the Director consents in writing.

Recognition of foreign type rating certificate issued in accordance with HSC Code

10B. The Director shall recognise any valid type rating certificate that is issued by a foreign maritime administration in accordance with the HSC Code.”.

Amendment of regulation 11

4. Regulation 11 of the principal Regulations is amended —

(a)

by deleting the word “and” at the end of sub-paragraph (c) of paragraph (1), and by inserting immediately thereafter the following sub-paragraph:

“(ca)

the standards of competency to be attained and the conditions to be satisfied by a person before he may be issued with a type rating certificate to qualify him to serve on —

(i)	a dynamically supported craft as defined in the DSC Code; or
(ii)	a high-speed craft as defined in the HSC Code; and”; and

(b)

by inserting, immediately after the word “competency” in the 2nd line of paragraph (3), the words “or a type rating certificate”.

Amendment of regulation 12

5. Regulation 12 of the principal Regulations is amended by deleting paragraphs (2), (3) and (4) and substituting the following paragraphs:

“(2) Every holder of a type rating certificate shall, in order to requalify or continue to qualify for sea service on board a craft referred to in regulation 11 (1)(ca)(i) or (ii), at regular intervals to be determined by the Director but not exceeding 2 years, satisfy the Director as to his medical fitness (including eyesight and hearing), and professional competence, as may be specified by the Director.

(3) Where the Director is of the opinion that the holder of a certificate of competency or a type rating certificate is not a fit and proper person, the Director may refuse to revalidate the certificate of competency or the type rating certificate.

(4) A type rating certificate that is not revalidated ceases to be valid.

(5) A certificate of competency that is not revalidated ceases to be valid for manning purposes in the rank appropriate to the certificate under these Regulations.

(6) To qualify for sea service for the purposes of revalidation, a holder of a certificate referred to in paragraph (5) is allowed to sail at any rank lower than that appropriate to his certificate.”.

Amendment of regulation 15

6. Regulation 15 of the principal Regulations is amended —

(a)

by deleting paragraph (1) and substituting the following paragraph:

“(1) Every ship to which Chapter V of the Convention, the DSC Code or the HSC Code applies shall carry as masters, chief mates, chief engineer officers, and second engineer officers, deck officers and marine engineer officers —

(a)	who are qualified under these Regulations; and
(b)	who have been certified by the Director as having satisfied such conditions as to training and service as the Director may specify.”;

(b)

by inserting, immediately after the words “second engineer officer” in the 8th and 9th lines of paragraph (3), the words “, deck officer, marine engineer officer”; and

(c)

by inserting, immediately after the word “Convention” in the last line of paragraph (3), the words “, the DSC Code or the HSC Code”.

Amendment of regulation 20

7. Regulation 20 (1) of the principal Regulations is amended —

(a)	by inserting, immediately after the words “the Convention” in the 2nd line, the words “, the DSC Code and the HSC Code”; and
(b)	by inserting, immediately after the words “the Convention” in the last line of sub-paragraph (a), the words “, the DSC Code and the HSC Code”.

Amendment of regulation 21

8. Regulation 21 (1) of the principal Regulations is amended by inserting, immediately after sub-paragraph (a), the following sub-paragraph:

“(aa)

verify that all seafarers —

(i)	serving on board Singapore registered ships who are required to be certificated in accordance with the DSC Code and the HSC Code; and
(ii)	serving on board foreign registered ships who are required to be certificated in accordance with the HSC Code,

hold an appropriate certificate, or a valid dispensation;”.

Amendment of regulation 23

9. Regulation 23 of the principal Regulations is amended by inserting, immediately after the word “Convention”, the words “and paragraph 3 of chapter 18 of the HSC Code”.

Deletion and substitution of regulation 24

10. Regulation 24 of the principal Regulations is deleted and the following regulation substituted therefor:

“Holder of certificate with disease or disability

24.—(1) The Authority may cancel or suspend any certificate issued by the Director under these Regulations if the holder of the certificate is suffering from a disease or disability which, in the opinion of the Authority, makes him incapable of discharging his ordinary seagoing duties adequately.

(2) The Authority shall not cancel or suspend any certificate under paragraph (1) until the holder of the certificate has been notified in writing to appear before the Authority to show cause why the certificate should not be cancelled or suspended.

(3) Where the holder of the certificate appears to show cause under paragraph (2), his certificate shall be suspended until the decision of the Authority is made known to him.

(4) Where the holder of the certificate fails to appear before the Authority as provided in paragraph (2), the Authority shall forthwith cancel his certificate.

(5) For the purposes of this regulation and regulations 25 and 26, “certificate issued by the Director under these Regulations” includes —

(a)	any certification by the Director that an officer or person has satisfied the conditions as to training and service as the Director may specify under regulation 15(1) or has completed such additional training and service as the Director may specify under regulation 15(2); and
(b)	any certification by the Director in respect of any rating under regulation 18.”.

Amendment of regulation 26

11. Regulation 26 (1) of the principal Regulations is amended by deleting the words “The Director may cancel or suspend any certificate issued by him under these Regulations” in the 1st and 2nd lines and substituting the words “Any certificate issued by the Director under these Regulations may be suspended or cancelled by him”.

Made this 27th day of July 2000.

PETER HO HAK EAN

Chairman,
Maritime and Port Authority
of Singapore.

[MPA 46/02.C13.V05/TME; AG/LEG/SL/179/96/1 Vol. 7]