Merchant Shipping (Official Log Books) Regulations 1996

No. S 48

Merchant Shipping Act 1995

(Act 19 of 1995)

Merchant Shipping (Official Log Books) Regulations 1996

In exercise of the powers conferred by section 89 of the Merchant Shipping Act 1995, the Minister for Communications hereby makes the following Regulations:

Citation and commencement

1. These Regulations may be cited as the Merchant Shipping (Official Log Books) Regulations 1996 and shall come into operation on 2nd February 1996.

Definitions

2. In these Regulations —

“entry” means an entry in an official log book, including an entry contained in a separate document annexed to any official log book in accordance with regulation 6, of any particulars specified in column 1 in any paragraph of the Schedule and an entry amending or cancelling such an entry;

“officer” means an officer qualified for the purposes of section 2 of the Act;

“load line certificate” includes a local freeboard certificate;

“seaman” in paragraphs 15, 17 and 28 of the Schedule includes the master of a ship.

“Safety Regulations” in regulation 8(3) and paragraphs 8 and 9 of the Schedule means the Merchant Shipping (Safety Convention) Regulations [Rg 11] or the Merchant Shipping (Non-Convention Ships) Safety Regulations [Rg 9].

Log book

3.—(1) Unless otherwise stated, an official log book shall be kept in every ship registered in Singapore.

(2) The official log book shall be in a form approved by the Director.

Entries in log book

4. Subject to the provisions of the Act and of regulations made thereunder, entries of particulars specified —

(a)	in column 1 in each paragraph of Part I of the Schedule shall from time to time be made in the official log book;
(b)	in column 1 in each paragraph of Part II of the Schedule shall be so made in the official log book kept in any such ship to which the Merchant Shipping (Disciplinary Offences) Regulations 1996 apply; and [S 47/96]
(c)	in column 1 in each paragraph of Part III of the Schedule shall be so made in the official log book kept in any such ship in respect of which a load line certificate has been issued under section 116 of the Act.

Person to make entry in official log book

5.—(1) Each entry shall be made in the official log book by the person (or by a person authorised by any such person for that purpose) specified in column 2 in each paragraph of the Schedule.

(2) Each entry —

(a)	subject to paragraph (3), shall be signed by the person or by one of the persons specified in column 2 in each paragraph of the Schedule; and
(b)	subject to the provisions of each paragraph of the Schedule, shall be witnessed by the person specified in column 3 in each paragraph of the Schedule.

(3) An entry which is to be signed by the master may, except where the contrary intention appears, be signed by an officer authorised by the master for that purpose.

(4) Each entry shall include the date when it is made.

(5) Where an officer is authorised by the master to sign an entry on his behalf, the master shall make an entry to that effect, citing the name and rank of the officer so authorised.

Entry to be signed and witnessed

6. If an entry which is to be signed or witnessed by a master or by a person who is a member of the crew is not made, signed and witnessed in accordance with these Regulations and of the Schedule, the master of the ship at the time when the entry is or should have been made, signed and witnessed shall be guilty of an offence.

Separate document to be used when entry is lengthy

7. If it is not practicable by reason of its length, the circumstances in which it is to be made or for any other reason for an entry to be contained in the official log book, it shall be contained in a separate document annexed to the official log book and referred to in any entry in the official log book; and reference in these Regulations to an official log book include reference to any documents annexed to an official log book in accordance with this regulation.

Entries to be entered when official log book is opened

8.—(1) Entries of particulars specified in paragraphs 1, 2, 3, 5 and 35 of the Schedule shall be made at the time when an official log book is opened; and —

(a)	a further entry of particulars specified in paragraph 3 of the Schedule shall be made as soon as practicable after any change of the master; and
(b)	a further entry of particulars specified in paragraph 35 of the Schedule shall be made as soon as practicable after a new load line certificate is issued in respect of the ship under section 116 of the Act.

(2) The entry of particulars specified in paragraph 7 of the Schedule shall be made as soon as practicable after the ship arrives at or leaves any dock, wharf, anchorage, port or harbour, as the case may require.

(3) The entry of particulars specified in paragraph 9 of the Schedule shall be made as soon as practicable after every time when each muster should have been held in accordance with the Safety Regulations.

(4) The entries of particulars specified in paragraph 30(b) and (c) of the Schedule shall be made daily or at such other times during the continuance of the illness or injury as the person intending to make any such entry thinks fit.

(5) The entry of particulars specified in paragraph 36 of the Schedule shall be made before the ship leaves any dock, wharf, anchorage, harbour, port or other place for the purpose of proceeding to sea.

(6) Every other entry shall be made as soon as practicable after the occurrence to which it relates, or if it amends or cancels an existing entry, as soon as practicable after the person intending to sign it becomes aware of the facts giving rise to the amendment or cancellation.

(7) Subject to regulation 9, no entry shall be made in an official log book after the expiry of the time referred to in regulation 11(1).

Entries not to be amended or cancelled

9.—(1) Subject to this regulation, an entry shall not be amended or cancelled.

(2) Where —

(a)	in the case of an entry which was required to be signed by the master, it appears to the person who for the time being is the master of the ship that the entry is inaccurate or incomplete; or
(b)	in the case of any other entry, it appears to the person who signed the entry that it is inaccurate or incomplete,

that person shall, if it is practicable to do so before the expiry of the time referred to in regulation 11 (1), make and sign a further entry referring to the entry and amending or cancelling it; and regulation 5 (1) and (2) (b) and regulations 6 and 7 shall apply to the further entry.

(3) Where, after the time referred to in regulation 11 (1), it appears to the Director that an entry is inaccurate or incomplete, he —

(a)	may make and sign a further entry referring to the entry and amending or cancelling it; and
(b)	shall, if it is practicable to do so, inform any master or seaman, to whom any such further entry relates, of its contents.

(4) Any person who fails to comply with paragraph (2) shall be guilty of an offence.

Production of official log book

10.—(1) The master of the ship shall, on demand, produce to the Director the official log book required to be kept in the ship.

(2) A master who fails to comply with this regulation shall be guilty of an offence.

Master to deliver official log book

11.—(1) The master shall upon the discharge of the last person employed in the ship under a crew agreement deliver the official log book to the Director within 48 hours if the ship is in Singapore, or within 21 days if the ship is not in Singapore, or, if it is not practicable within that time, as soon as practicable thereafter.

(2) A master who fails to comply with this regulation shall be guilty of an offence.

Penalty

12. Any person who contravenes or fails to comply with these Regulations shall be guilty of an offence and shall be liable on conviction to a fine not exceeding $2,000.

Made this 30th day of January 1996.

TEO MING KIAN

Permanent Secretary,
Ministry of Communications,
Singapore.

[MARINE 0140/2B; AG/SL/10/92 Vol. 2]

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