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No. S 44

Telecommunications Act

(Chapter 323)

Telecommunications (Certificates of Competency for Ship Station Operators) Regulations 2002

In exercise of the powers conferred by section 74 of the Telecommunications Act, the Info-communications Development Authority of Singapore, with the approval of the Senior Minister of State, Ministry of Defence, charged with the responsibility of the Minister for Information, Communications and the Arts, hereby makes the following Regulations:

Citation

1. These Regulations may be cited as the Telecommunications (Certificates of Competency for Ship Station Operators) Regulations 2002 and shall come into operation on 22nd January 2002.

Definitions

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

“certificate of competency” means a certificate of competency in radio-communications issued under regulation 3;

“Constitution and Convention of the International Telecommunication Union” means the Constitution and Convention of the International Telecommunication Union signed at Geneva in 1992 and includes every revision or modification thereof to which the Government is a party;

“International Convention for the Safety of Life at Sea” means the International Convention signed at London on 1st November 1974 and the Regulations annexed thereto, or a subsequent International Convention relating to the safety of life at sea to which the Government is a party and every regulation which may be annexed thereto;

“radio operator” means a person holding an appropriate certificate issued under regulation 3 or an appropriate certificate recognised under regulation 12;

“Radio Regulations” means the Radio Regulations annexed to the Constitution and Convention of the International Telecommunication Union and includes every revision or modification thereof to which the Government has ratified or accepted;

“ship” has the same meaning as in the Merchant Shipping Act (Cap. 179) and includes an oil rig;

“ship station” means a station located on board a ship which is not permanently moored;

“station” means a transmitter, receiver, a combination of transmitter and receiver or any accessory thereto which is used or intended to be used for radio-communication;

“STCW Code” means the Seafarer’s Training, Certification and Watchkeeping Code adopted by the 1995 Conference of Practice to the International Convention on Standards of Training, Certification and Watchkeeping for Seafarers 1978, and any amendment thereto which has come into force and has been accepted by the Government;

“STCW Convention” means the International Convention on Standards of Training, Certification and Watchkeeping for Seafarers 1978, as amended on 7th July 1995, and any amendment thereto which has come into force and has been accepted by the Government.

Issue of certificate of competency

3.—(1) The Authority may issue a certificate of competency in radio-communications to a person on being satisfied, after an examination referred to in regulation 5, that he is qualified to hold the certificate of competency under these Regulations.

(2) The certificate of competency shall be in the form set out in the First Schedule and graded as follows:

(a)	General Operator’s Certificate of Competency; and
(b)	Restricted Operator’s Certificate of Competency.

Declaration to preserve secrecy

4. The holder of a certificate of competency shall make a declaration to the Authority, in such form as the Authority may require, to preserve the secrecy of correspondence which he may receive in the execution of his duties in such capacity.

Examinations

5.—(1) The Authority may at any time, but not less than twice a year, hold such examination for the grades of certificate of competency set out in regulation 3(2) as the Authority considers necessary.

(2) A candidate for an examination for a certificate of competency must —

(a)	have attained the age of 18 years;
(b)	furnish to the Authority 2 passport size photographs of himself and such personal particulars as the Authority may require; and
(c)	satisfy the Authority as to his medical fitness (including eyesight and hearing), and hold a certificate issued by a medical practitioner registered under the Medical Registration Act (Cap. 174) attesting to his medical fitness.

(3) The syllabus and other details of an examination for each grade of certificate of competency may be obtained from the Authority on a written application made to the Chief Executive.

Fees

6. The fees for —

(a)	an examination for a certificate of competency;
(b)	the issue of a certificate of competency; and
(c)	the issue of a duplicate of a certificate of competency,

shall be as specified in the Second Schedule.

General Operator’s Certificate of Competency

7. In order to qualify for a General Operator’s Certificate of Competency, a candidate shall give proof to the Authority by examination that he —

(a)	has detailed practical knowledge of the operation of all the sub-systems and equipment of the Global Maritime Distress and Safety System;
(b)	has the ability to send and receive messages correctly by radio-telephone and by direct-printing telegraphy;
(c)	has detailed knowledge of the Radio Regulations relating to radio-communications, and knowledge of the documents relating to charges for radio-communications, and of the provisions of the International Convention for the Safety of Life at Sea relating to radio-communications;
(d)	has adequate knowledge of the English language as to be able to express himself satisfactorily both orally and in writing; and
(e)	satisfies the standard of competence specified in section A-IV/2 of the STCW Code.

Authority of holder of General Operator’s Certificate of Competency

8. The holder of a General Operator’s Certificate of Competency is authorised to operate the radio-communication services of a ship station which is —

(a)	licensed under the Telecommunications (Radio-communication) Regulations 2001 (G.N. No. S 114/2001); and
(b)	equipped with radio-communication apparatus in accordance with the procedures laid down in the Radio Regulations for the Global Maritime Distress and Safety System.

Restricted Operator’s Certificate of Competency

9. In order to qualify for a Restricted Operator’s Certificate of Competency, a candidate shall give proof to the Authority by examination that he —

(a)	has practical knowledge of the operation of all the sub-systems and equipment of the Global Maritime Distress and Safety System which is required while the ship is sailing within the range of Very High Frequency coast stations;
(b)	has the ability to send and receive messages correctly by radio-telephone;
(c)	has knowledge of the Radio Regulations relating to radiotelephony communications and specifically of the part of the Radio Regulations relating to the safety of life;
(d)	has elementary knowledge of the English language as to be able to express himself satisfactorily both orally and in writing; and
(e)	satisfies the standard of competence specified in section A-IV/2 of the STCW Code.

Authority of holder of Restricted Operator’s Certificate of Competency

10. The holder of a Restricted Operator’s Certificate of Competency is authorised to operate the radio-communication services of a ship station which is —

(a)	licensed under the Telecommunications (Radio-communication) Regulations 2001 (G.N. No. S 114/2001); and
(b)	equipped with radio-communication apparatus in accordance with the procedures laid down in the Radio Regulations for the Global Maritime Distress and Safety System.

Compliance with Conventions and revalidation

11.—(1) All certificates of competency issued by the Authority shall be in accordance with the Radio Regulations and the STCW Convention and shall be valid so long as the Constitution and Convention of the International Telecommunication Union and the STCW Convention remain in force.

(2) All certificates of competency shall be endorsed by the Authority in accordance with Article VI of the STCW Convention and contain the information specified in paragraphs 1 and 2 of section A-I/2 of the STCW Code.

(3) Notwithstanding anything in the Radio Regulations, the holder of a certificate of competency who is serving at sea or intends to return to sea after a period ashore shall, in order to continue to qualify for sea service as a radio operator, have his certificate of competency revalidated by the Authority at intervals not exceeding 5 years from the date of issue or revalidation, as the case may be.

(4) An application for revalidation under paragraph (3) shall be accompanied by the fee specified in the Second Schedule.

(5) The Authority shall refuse to revalidate a certificate of competency under paragraph (3) if the holder thereof does not show that he has satisfied the requirements of the STCW Convention with regard to medical fitness and continued professional competence.

Certificate of endorsement

12.—(1) The Authority may, in its discretion and upon such conditions as it may determine, recognise any valid certificate of competency issued by a foreign maritime administration by issuing to the holder thereof a certificate of endorsement attesting the recognition of the certificate in accordance with Regulation I/10 of the STCW Convention.

(2) The certificate of endorsement referred to in paragraph (1) shall contain the information specified in paragraph 3 of section A-I/2 of the STCW Code.

(3) The recognition of any certificate of competency issued by a foreign maritime administration shall be subject to the following conditions:

(a)	that the Authority is of the opinion that the certificate of competency is of a grade appropriate to the capacity in which the holder thereof is to be employed on a Singapore ship or is of a higher grade; and
(b)	that the Authority is satisfied that the holder of the certificate of competency is a fit and proper person to be employed on a Singapore ship.

(4) The fees for the issue of a certificate of endorsement and a duplicate thereof shall be as specified in the Second Schedule.

(5) Where the Authority is of the opinion that the holder of a certificate of competency recognised under this regulation is not a fit and proper person to be employed on a Singapore ship or has breached any condition upon which his certificate is recognised, the Authority may —

(a)	issue a written notice to the holder informing him of its intention to cease recognition of such certificate and give the reasons therefor; and
(b)	require that person to show cause why his certificate should not cease to be recognised.

(6) A holder of a certificate of competency who is required to show cause under paragraph (5) may do so in writing addressed to the Authority or may, at the discretion of the Authority, appear before an officer appointed by the Authority to investigate the matter.

(7) Where no cause or insufficient cause is shown, the Authority may issue a written notice to the holder of the certificate of competency informing him that the certificate of competency shall cease to be recognised as from a specified date and giving the reasons therefor and the holder shall, on being so required by the Authority, immediately deliver his certificate of endorsement to the Authority for cancellation.

(8) Any person who fails to deliver his certificate of endorsement to the Authority when required by the Authority to do so under paragraph (7) shall be guilty of an offence and shall be liable on conviction to a fine not exceeding $2,000.

(9) Any person aggrieved by any decision of the Authority to cease recognition of his certificate of competency may appeal to the Minister whose decision shall be final.

(10) No appeal lodged under paragraph (9) shall operate as a stay of the decision of the Authority to cease recognition of the certificate of competency of the appellant except with the written consent of the Authority.

Disease or disability

13.—(1) The Authority may cancel or suspend any certificate of competency if the holder thereof is suffering from a disease or disability which, in the opinion of the Authority, makes him incapable of discharging his ordinary duties as a radio operator adequately.

(2) The Authority shall not cancel or suspend any certificate of competency until the radio operator concerned has been notified in writing to appear before the Authority to show cause why his certificate should not be cancelled or suspended.

(3) The certificate of competency of a radio operator who appears to show cause is to be suspended until the decision of the Authority has been made known.

(4) Where the radio operator fails to appear before the Authority, the Authority shall immediately cancel his certificate of competency.

Suspension of certificate of competency

14.—(1) Notwithstanding regulation 13, a certificate of competency may be suspended at any time on any ground which the Authority considers sufficient.

(2) The holder of a certificate of competency shall return the certificate to the Authority upon receiving notice in writing from the Authority of its suspension.

Miscellaneous offences

15.—(1) Any person who forges or fraudulently alters, or knowingly assists in forging or fraudulently altering, or knowingly causes or permits to be forged or fraudulently altered, any of the following shall be guilty of an offence:

(a)	any declaration made under regulation 4;
(b)	any certificate or other document issued under these Regulations, or any entry or endorsement prescribed by these Regulations to be made in or on such certificate or other document; or
(c)	any document which the person produces to the Authority or its agent for the purposes of obtaining for himself or any other person any certificate or other document under these Regulations or any entry or endorsement in or on such certificate or other document.

(2) Any person who fraudulently or dishonestly uses, or knowingly permits or causes any other person to fraudulently or dishonestly use —

(a)	any declaration, certificate or other document referred to in paragraph (1)(a), (b) or (c) which has been forged or fraudulently altered, or which is otherwise false or misleading in any material particular; or
(b)	any certificate or other document referred to in paragraph (1)(b) which has expired, or has been cancelled or suspended, or has become invalid for any other reason,

shall be guilty of an offence.

(3) Any person who, knowingly or recklessly for any purpose under these Regulations —

(a)	makes any statement or representation; or
(b)	provides any information,

to the Authority or its agent which is false or misleading in any material particular shall be guilty of an offence.

Revocation

16. The Radio-communication (Certificates of Competency for Ship Station Operators) Regulations (Rg 2, 1999 Ed.) are revoked.

Savings and transitional

17.—(1) A certificate of competency in radio-communications issued under the revoked Radio-communication (Certificates of Competency for Ship Station Operators) Regulations (Rg 2, 1999 Ed.) shall be deemed to be a certificate of competency issued under these Regulations.

(2) Notwithstanding regulation 16 and subject to paragraphs (3) and (4), a Certificate of Competency in radio-communications, radiography or radiotelephony issued under the revoked Radio-communication (Certificates of Competency for Ship Station Operators) Regulations (Rg 2, 1996 Ed.) shall entitle the holder thereof to perform all the acts for which he was authorised under the Certificate to perform as if these Regulations had not been enacted.

(3) The Authority may, by notice in writing to the holder of any certificate referred to in paragraph (2), cancel or revoke the certificate.

(4) Any certificate referred to in paragraph (2) shall not be valid after 1st February 2002.

Made this 21st day of January 2002.

LAM CHUAN LEONG

Chairman,
Info-communications Development
Authority of Singapore.

[AG/LEG/SL/323/2000/1 Vol. 3]