Merchant Shipping (Load Line) Regulations 2000

No. S 39

Merchant Shipping Act

(Chapter 179)

Merchant Shipping (Load Line) Regulations 2000

In exercise of the powers conferred by section 100 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 (Load Line) Regulations 2000 and shall come into operation on 3rd February 2000.

Definitions

2. For the purposes of these Regulations, unless otherwise expressly provided —

“anniversary date” means the day and the month of each year which will correspond to the date of expiry of the relevant certificate;

“approved” means approved by the Certifying Authority;

“Certifying Authority” means the Director and any organisation authorised under the Act for the survey or inspection of Singapore ships and the issue of any certificate under Part V of the Act;

“Convention” means the International Convention on Load Lines, 1966 as modified by the Protocol of 1988 relating thereto;

“existing ship” means a ship which is not a new ship;

“fishing vessel” is a ship used for catching fish, whales, seals, walrus or other living resources of the sea;

“international voyage” means a sea voyage from Singapore to a port or place outside Singapore, or conversely or a voyage between ports or places outside Singapore;

“length” means 96% of the total length on a waterline at 85% of the least moulded depth measured from the top of the keel, or the length from the fore‐side of the stem to the axis of the rudder stock on that waterline, if that be greater. Where the stem contour is concave above the waterline at 85% of the least moulded depth, both the forward terminal of the total length and the fore‐side of the stem respectively shall be taken at the vertical projection to that waterline of the aftermost point of the stem contour (above that waterline). In ships designed with a rake of keel the waterline on which this length is measured shall be parallel to the designed waterline;

“new ship” means a ship the keel of which was laid, or which was at a similar stage of construction, on or after 21 December 1971;

“tons” means gross tonnage measured in accordance with the Merchant Shipping (Tonnage) Regulations (Rg 12).

General provisions

3.—(1) No ship to which these Regulations apply shall proceed to sea on an international voyage after the date on which these Regulations come into force unless it has been surveyed, marked and provided with an International Load Line Certificate or, where appropriate, International Load Line Exemption Certificate, or Singapore Load Line Certificate or Singapore Load Line Exemption Certificate in accordance with the provisions of these Regulations.

(2) The Certifying Authority may assign a greater freeboard than the minimum freeboard determined in accordance with Annex I to these Regulations.

Application

4.—(1) These Regulations shall apply to ships engaged on international voyages.

(2) The regulations contained in Annex I, unless otherwise expressly provided, shall be applicable to new ships.

(3) Existing ships which do not fully comply with the requirements of the regulations contained in Annex I or any part thereof shall meet at least such lesser related requirements as the Director applied to ships on international voyages prior to the coming into force of these Regulations; in no case shall such ships be required to increase their freeboards.

(4) In order to take advantage of any reduction in freeboard from that previously assigned, existing ships shall comply with all requirements of these Regulations.

(5) The regulations contained in Annex II shall be applicable to new and existing ships to which these Regulations apply.

Exceptions

5.—(1) These Regulations shall not apply to —

(a)	ships of war;
(b)	wooden ships of primitive build not fitted with any mechanical means of propulsion;
(c)	ships solely employed in the fishing industry;
(d)	pleasure yachts not engaged in trade.

(2) Nothing in these Regulations shall apply to ships solely navigating —

(a)	the Great Lakes of North America and the River St. Lawrence as far east as a rhumb line drawn from Cap des Rosiers to West Point, Anticosti Island, and, on the north side of Anticosti Island, the meridian of longitude 63ºW;
(b)	the Caspian Sea;
(c)	the Plate, Parana and Uruguay Rivers as far east as a rhumb line drawn between Punta Rasa (Cabo San Antonio), Argentina, and Punta del Este, Uruguay.

Exemptions

6.—(1) Ships when engaged on international voyages between the near neighbouring ports of 2 or more States may be exempted by the Director from the provisions of these Regulations, so long as they shall remain engaged on such voyages, if the Director and the Governments of the States in which such ports are situated are satisfied that the sheltered nature or conditions of such voyages between such ports make it unreasonable or impracticable to apply the provisions of these Regulations to ships engaged on such voyages.

(2) The Director may exempt any ship which embodies features of a novel kind from any of the provisions of these Regulations the application of which might seriously impede research into the development of such features and their incorporation in ships engaged on international voyages.

(3) Any ship exempted under paragraph (2) shall, however, comply with safety requirements, which, in the opinion of the Director, are adequate for the service for which it is intended and are such as to ensure the overall safety of the ship and which are acceptable to the Governments of the States to be visited by the ship.

(4) A ship which is not normally engaged on international voyages but which, in exceptional circumstances, is required to undertake a single international voyage may be exempted by the Director from any of the requirements of these Regulations, provided that it complies with safety requirements which, in the opinion of the Director are adequate for the voyage which is to be undertaken by the ship.

Force majeure

7. A ship which is not subject to the provisions of these Regulations at the time of its departure on any voyage shall not become subject to such provisions on account of any deviation from its intended voyage due to stress of weather or any other cause of force majeure.

Equivalents

8. The Director may allow any fitting, material, appliance or apparatus to be fitted, or any other provision to be made in a ship, other than that required by these Regulations, if it is satisfied by trial thereof or otherwise that such fitting, material, appliance or apparatus, or provision, is at least as effective as that required by these Regulations.

Approvals for experimental purposes

9. The Director may make specific approvals for experimental purposes in respect of a ship to which these Regulations apply.

Repairs, alterations and modifications

10.—(1) A ship which undergoes repairs, alterations, modifications and outfitting related thereto shall continue to comply with at least the requirements previously applicable to the ship.

(2) An existing ship in a case referred to in paragraph (1) shall not, as a rule, comply to a lesser extent with the requirements for a new ship than it did before.

(3) Repairs, alterations and modifications of a major character and outfitting related thereto should meet the requirements for a new ship in so far as the Director deems reasonable and practicable.

Zones and areas

11.—(1) A ship to which these Regulations apply shall comply with the requirements applicable to that ship in the zones and areas described in Annex II.

(2) A port standing on the boundary line between 2 zones or areas shall be regarded as within the zone or area from or into which the ship arrives or departs.

Submersion

12.—(1) Except as provided in paragraphs (2) and (3) of this regulation, the appropriate load lines on the sides of the ship corresponding to the season of the year and the zone or area in which the ship may be shall not be submerged at any time when the ship puts to sea, during the voyage or on arrival.

(2) When a ship is in fresh water of unit density the appropriate load line may be submerged by the amount of the fresh water allowance shown on the International Load Line Certificate or the Singapore Load Line Certificate.

(3) Where the density is other than unity, an allowance shall be made proportional to the difference between 1.025 and the actual density.

(4) When a ship departs from a port situated on a river or inland waters, deeper loading shall be permitted corresponding to the weight of fuel and all other materials required for consumption between the point of departure and the sea.

Surveys and marking

13. The surveys and marking of ships, as regards the enforcement of these Regulations and the granting of exemptions therefrom, shall be carried out by officers of the Certifying Authority.

Initial, renewal and annual surveys

14.—(1) A ship shall be subjected to the following surveys:

(a)

an initial survey before the ship is put in service, which shall include a complete inspection of its structure and equipment in so far as the ship is covered by these Regulations; the survey shall be such as to ensure that the arrangements, materials and scantlings fully comply with the requirements of these Regulations;

(b)

a renewal survey at intervals specified by the Director but not exceeding 5 years, except where regulation 19(3), (8), (10), (12) and (14) is applicable, which shall be such as to ensure the structure, equipment, arrangements, materials and scantlings fully comply with these Regulations; and

(c)

an annual survey within 3 months before or after each anniversary date of the certificate to ensure that —

(i)	alterations have not been made to the hull or superstructures which would affect the calculations determining the position of the load line;
(ii)	the fittings and appliances for the protection of openings, guard rails, freeing ports and means of access to crew’s quarters are maintained in an effective condition;
(iii)	the freeboard marks are correctly and permanently indicated; and
(iv)	the information required by regulation 10 of Annex I is provided.

(2) The annual surveys referred to in paragraph (1)(c) shall be endorsed on the International Load Line Certificate, the International Load Line Exemption Certificate, the Singapore Load Line Certificate, or the Singapore Load Line Exemption Certificate issued to a ship exempted under regulation 6(2).

Maintenance of conditions after survey

15. After any survey of ship under regulation 14 has been completed, no change shall be made in the structure, equipment, arrangements, material or scantlings covered by the survey, without the sanction of the Director.

Issue of certificate

16.—(1) An International Load Line Certificate shall be issued by the Certifying Authority to every ship of 24 metres in length and above which has been surveyed and marked in accordance with these Regulations.

(2) A Singapore Load Line Certificate shall be issued by the Certifying Authority to every new ship of less than 24 metres in length or every existing ship of less than 150 tons which has been surveyed and marked in accordance with these Regulations.

(3) An International Load Line Exemption Certificate or a Singapore Load Line Exemption Certificate, where appropriate, shall be issued by the Certifying Authority to any ship to which an exemption has been granted under and in accordance with regulation 6(2) or (4).

Issue or endorsement of certificates by another Government

17.—(1) The Director may at the request of another Contracting Government of the Convention cause a ship to be surveyed and, if satisfied that the provisions of these Regulations are complied with, may —

(a)	issue or authorise the issue of the International Load Line Certificate to the ship; and
(b)	where appropriate, endorse or authorise the endorsement of the certificate on the ship in accordance with these Regulations.

(2) A certificate so issued must contain a statement to the effect that it has been issued at the request of the Government of the State whose flag the ship is or will be flying and it shall have the same force and receive the same recognition as a certificate issued under regulation 16.

(3) No International Load Line Certificate shall be issued to a ship which is flying the flag of a State the Government of which is not a Contracting Government of the Convention.

Form of certificates

18. The certificates referred to in these Regulations shall be drawn up in the form corresponding to the specimens given in Annex III.

Duration and validity of certificates

19.—(1) An International Load Line Certificate or a Singapore Load Line Certificate shall be issued for a period specified by the Director, which shall not exceed 5 years.

(2) Notwithstanding the requirements of paragraph (1), when the renewal survey is completed within 3 months before the expiry date of the existing certificate, the new certificate shall be valid from the date of completion of the renewal survey to a date not exceeding 5 years from the date of expiry of the existing certificate.

(3) When the renewal survey is completed after the expiry date of the existing certificate, the new certificate shall be valid from the date of completion of the renewal survey to a date not exceeding 5 years from the date of expiry of the existing certificate.

(4) When the renewal survey is completed more than 3 months before the expiry date of the existing certificate, the new certificate shall be valid from the date of completion of the renewal survey to a date not exceeding 5 years from the date of completion of the renewal survey.

(5) If a certificate is issued for a period of less than 5 years, the Director may extend the validity of a certificate beyond the expiry date to the maximum period specified in paragraph (1), provided that the annual surveys referred to in regulation 14 applicable when a certificate is issued for a period of 5 years are carried out as appropriate.

(6) If, after the renewal survey referred to in regulation 14(1)(b), a new certificate cannot be issued to the ship before the expiry date of the existing certificate, the Certifying Authority may extend the validity of the existing certificate for a period which shall not exceed 5 months.

(7) The extension under paragraph (6) shall be endorsed on the certificate and shall be granted only where there have been no alterations to the structure, equipment, arrangements, materials or scantlings which affect the ship’s freeboard.

(8) If a ship at the time when a certificate expires is not in a port in which it is to be surveyed, the Director may extend the period of validity of the certificate.

(9) The extension under paragraph (8) shall be granted only for the purpose of allowing the ship to complete its voyage to the port in which it is to be surveyed, and then only in cases where it appears proper and reasonable to do so.

(10) No certificate shall be extended under paragraph (8) for a period longer than 3 months, and a ship to which an extension is granted shall not, on its arrival in the port in which it is to be surveyed, be entitled by virtue of such extension to leave that port without having a new certificate.

(11) When the renewal survey is completed, the new certificate issued under paragraph (10) shall be valid to a date not exceeding 5 years from the date of expiry of the existing certificate before the extension was granted.

(12) A certificate issued to a ship engaged on short voyages which has not been extended under the foregoing provisions of this regulation may be extended by the Director for a period of grace of up to one month from the date of expiry stated on it.

(13) When the renewal survey is completed for a ship the certificate of which has been extended under paragraph (12), the new certificate shall be valid to a date not exceeding 5 years from the date of expiry of the existing certificate before the extension was granted.

(14) In special circumstances, as determined by the Director, a new certificate need not be dated from the expiry of the existing certificate as required by paragraphs (2), (3), (11) and (13).

(15) In these special circumstances, the new certificate shall be valid to a date not exceeding 5 years from the date of completion of the renewal survey.

(16) If an annual survey is completed before the period specified in regulation 14 then —

(a)	the anniversary date shown on the certificate shall be amended by endorsement to a date which shall not be more than 3 months later than the date on which the survey was completed;
(b)	the subsequent annual survey required by regulation 14 shall be completed at the intervals prescribed by that regulation using the new anniversary date;
(c)	the expiry date may remain unchanged provided one or more annual surveys are carried out so that the maximum intervals between the surveys prescribed by regulation 14 are not exceeded.

(17) An International Load Line Certificate or a Singapore Load Line Certificate shall cease to be valid if any of the following circumstances exist:

(a)	material alterations have taken place in the hull or superstructures of the ship such as would necessitate the assignment of an increased freeboard;
(b)	the fittings and appliances mentioned in regulation 14(1)(c) are not maintained in an effective condition;
(c)	the certificate is not endorsed to show that the ship has been surveyed as provided in regulation 14(1)(c);
(d)	the structural strength of the ship is lowered to such an extent that the ship is unsafe.

(18) The duration of an International Load Line Exemption Certificate or a Singapore Load Line Exemption Certificate issued by the Certifying Authority to a ship exempted under regulation 6(2) shall not exceed 5 years.

(19) A certificate referred to in paragraph (18) shall be subject to a renewal, endorsement, extension and cancellation procedure similar to that provided for an International Load Line Certificate or a Singapore Load Line Certificate under this regulation.

(20) The duration of an International Load Line Exemption Certificate or a Singapore Load Line Exemption Certificate issued to a ship exempted under regulation 6(4) shall be limited to the single voyage for which it is issued.

(21) A certificate issued to a ship by the Certifying Authority shall cease to be valid upon the transfer of such a ship to the flag of another State.

(22) Notwithstanding any other provisions of the present Convention, any certificate which is issued under the Merchant Shipping (Load Line) Regulations immediately in force prior to these Regulations and which is valid on 2nd February 2000 shall remain valid until it expires.

Acceptance of certificates

20. The certificates issued under the authority of a Contracting Government of the Convention in accordance with the Convention shall be accepted by the Director and regarded for all purposes covered by the Convention as having the same force as certificates issued by the Director.

Control

21.—(1) Ships holding a certificate issued under regulation 16 or 17 are subject, when in the ports of other Contracting Governments, to control by officers duly authorised by such Governments.

(2) Contracting Governments shall ensure that such control is exercised as far as is reasonable and practicable with a view to verifying that there is on board a valid certificate under the Convention.

(3) If there is a valid International Load Line Certificate on board the ship, such control shall be limited to the purpose of determining that —

(a)	the ship is not loaded beyond the limits allowed by the certificate;
(b)	the position of the load line of the ship corresponds with the certificate; and
(c)	the ship has not been so materially altered in respect to the matters set out in regulation 19(17)(a) and (b) that the ship is manifestly unfit to proceed to sea without danger to human life.

(4) If there is a valid International Load Line Exemption Certificate on board, such control shall be limited to the purpose of determining that any conditions stipulated in that certificate are complied with.

(5) If such control is exercised under paragraph (3)(c), it shall only be exercised in so far as may be necessary to ensure that the ship shall not sail until it can proceed to sea without danger to the passengers or the crew.

(6) In the event of the control provided for in this regulation giving rise to intervention of any kind, the officer carrying out the control shall immediately inform in writing the Consul or the diplomatic representative of the State whose flag the ship is flying of this decision and of all the circumstances in which intervention was deemed to be necessary.

Privileges

22. A ship will not be entitled to any privileges under these Regulations unless it holds a valid certificate under these Regulations.

Casualties

23. The Director may undertake to conduct an investigation of any casualty occurring to ships for which it is responsible and which are subject to the provisions of these Regulations when he judges that such an investigation may assist in determining what changes in these Regulations might be desirable.

Availability of certificates

24. All certificates issued under these Regulations or certified copies thereof shall be readily available on board for examination at all times.

Penalty

25.—(1) The owner and the master of a ship to which these Regulations apply shall —

(a)	comply with these Regulations in respect of any matter that is governed thereby; and
(b)	ensure that the ship and its equipment comply with these Regulations.

(2) Any owner or master of a ship who contravenes paragraph (1) shall be guilty of an offence and shall be liable on conviction to a fine not exceeding $10,000 and the ship may be detained.

Revocation

26. The Merchant Shipping (Load Line) Regulations (Rg 5) are revoked.

Made this 26th day of January 2000.

PETER HO HAK EAN

Chairman,
Maritime and Port Authority of
Singapore.

[MPA 42/8.02 (LD) V3 /TME; AG/LEG/SL/176/96/1 Vol. 7]

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