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Merchant Shipping (Safety) Regulation 1976

Merchant Shipping Act 1975
Radio Spectrum Act 1996
This reprint of this Statutory Instrument incorporates all amendments, if any, made before25 November 2006 and in force at  1 July 2001.


.........
Legislative Counsel
Dated 25 November 2006


INDEPENDENT STATE OF PAPUA NEW GUINEA.

Chapter 242G.

Merchant Shipping (Safety) Regulation 1976

ARRANGEMENT OF SECTIONS.

Subdivision A – Navigational and Miscellaneous Equipment.

Subdivision B – Lifesaving Appliances.

Subdivision C – Fire-fighting Appliances.

Merchant Shipping (Safety) Regulation 1976

MADE under the Merchant Shipping Act 1975.


Dated                   200 .


PART I. – PRELIMINARY.

  1. INTERPRETATION.

(1) In this Regulation, unless the contrary intention appears–

“acceptable” means acceptable to the Safety Officer;

“adequate” means adequate in the opinion of the Safety Officer;

“approved” means approved by the Safety Officer;

“berthed passenger” means a passenger on a ship for whose use acceptable enclosed accommodation is provided in the ship;

“Deck Log Book” means the record customarily kept, or caused to be kept, by the master of a ship as a record of the navigation and working of the ship;

“equipment”, in relation to a Survey Section, includes lifesaving appliances, fire fighting appliances, navigational equipment, lights, sound signals, gangways, pilot ladders and mooring lines;

“hull”, in relation to a Survey Section, includes all structural members of a ship, steering gear, hull plating, hull planking, frames, beams, girders, deck plating, deck planking, bulkheads, tanks, super-structures, deck houses, masts, rigging, rudders, anchors and cables;

“international voyage” means a voyage between–

(a) a place or port in Papua New Guinea and a place or port outside Papua New Guinea; and

(b) a place or port outside Papua New Guinea and another place or port outside Papua New Guinea;

“load line”, in relation to a Survey Section, includes all closing devices, watertight doors, scuttles, hatch covers, shipside doors, shipside openings, shipside fittings, skylights, freeing ports, air pipes, sounding pipes, ventilators, marking of load lines, means of crew protection on exposed decks and provision of stability data;

“machinery”, in relation to a Survey Section, includes all main propulsion machinery of a ship, generators, prime movers, fire pumps, bilge pumps, ballast pumps, circulating pumps, shafting, piping systems, propellors, switchboards, electrical equipment, boilers, pressure vessels, windlasses and means of crew protection in machinery spaces;

“Papua New Guinea Survey Certificate” means a safety certificate granted by the Safety Officer under Section 70(3) of the Act;

“radio”, in relation to a Survey Section, includes radio installations, survival craft radio equipment and means of radio operation;

“satisfactory” means satisfactory in the opinion of the Safety Officer;

“ship” means a ship that is–

(a) registered under the Act; or

(b) not registered under the Act, being a ship that is at a port or place in Papua New Guinea; or

(c) an offshore ship,

being a ship that is not–

(d) a ship that–

(i) in the ordinary course of her voyage would not have been required to comply with the provisions of this Regulation; and

(ii) is compelled by stress of weather, or by force majeure, to take refuge in a port or place in Papua New Guinea; or

(e) a troopship; or

(f) a ship that, in the opinion of the Registrar, is of traditional build; or

(g) a pleasure craft; or

(h) a ship that is less than 10 m in length; or

(i) an air cushioned vehicle;

“specified surveyor” means a surveyor designated as a specified surveyor by the Minister under Section 21(2).

“Survey Section” means a matter in respect of which a ship is subject to survey;

“unberthed passenger” means a passenger on a ship other than a passenger who is a berthed passenger.

(2) A reference in Parts II or V to a ship of a particular class or to a certificate of a particular type shall, unless the contrary intention appears–

(a) in the case of a Load Line Convention Ship–be read as a reference to that class or type as defined for the purposes of the Load Line Convention; and

(b) in the case of a Safety Convention Ship–be read as a reference to that class or type as defined for the purposes of the Safety Convention.

(3) A reference in Part VI to an expression of a technical nature shall, unless the contrary intention appears, be read as a reference to that expression as defined for the purpose of the Collisions Convention, the Load Line Convention and the Safety Convention, and where the expression is not so defined it has its ordinary meaning.

PART II. – REQUIRED SAFETY CERTIFICATES.

  1. INTERPRETATION OF PART II.

In this Part–

“Nuclear Passenger Ship” includes a Nuclear Cargo Ship in respect of which there are in force the certificates referred to in Section 3(2);

“Passenger Ship” includes a Cargo Ship of 500 t or more in respect of which there are in force the certificates referred to in Section 3(1).

  1. SAFETY CERTIFICATES FOR PASSENGER SHIPS.

(1) A Passenger Ship, being a ship that is not a Nuclear Passenger Ship, shall not go to sea unless there are in force in respect of the ship–

(a) a Passenger Ship Safety Certificate; and

(b) either–

(i) any Exemption Certificate required by the Safety Convention to be issued in relation to the voyage in which the ship is, or is about to be, engaged; or

(ii) in the case of a short international voyage–a Passenger Ship Short Voyage Safety Certificate; and

(c) an International Load Line Certificate; and

(d) any International Load Line Exemption Certificate required by the Load Line Convention to be issued in relation to the voyage in which the ship is, or is about to be, engaged.

(2) A Nuclear Passenger Ship shall not go to sea unless there are in force in respect of the ship–

(a) a Nuclear Passenger Ship Safety Certificate; and

(b) an International Load Line Certificate; and

(c) any International Load Line Exemption Certificate required by the Load Line Convention to be issued in relation to the voyage in which the ship is, or is about to be, engaged.

  1. SAFETY CERTIFICATES FOR CARGO SHIPS OF 500 TONS OR MORE.

(1) Subject to Subsection (3), a Cargo Ship of 500 t or more, being a ship that is not a Nuclear Cargo Ship, shall not go to sea unless there are in force in respect of the ship the certificates referred to in Section 3(1) or–

(a) a Cargo Ship Safety Construction Certificate; and

(b) a Cargo Ship Safety Equipment Certificate; and

(c) either–

(i) a Cargo Ship Safety Radiotelegraphy Certificate; or

(ii) a Cargo Ship Safety Radiotelephony Certificate; and

(d) any Exemption Certificate required by the Safety Convention to be issued in relation to the voyage in which the ship is, or is about to be, engaged; and

(e) an International Load Line Certificate; and

(f) any International Load Line Exemption Certificate required by the Load Line Convention to be issued in relation to the voyage in which the ship is, or is about to be, engaged.

(2) A Nuclear Cargo Ship shall not go to sea unless there are in force in respect of the ship the certificates referred to in Section 3(2) or–

(a) a Nuclear Cargo Ship Certificate; and

(b) an International Load Line Certificate; and

(c) any International Load Line Exemption Certificate required by the Load Line Convention to be issued in relation to the voyage in which the ship is, or is about to be, engaged.

(3) Notwithstanding any other provision of this Part, a Cargo Ship of 500 t or more, being a ship that is not a Nuclear Cargo Ship, may go to sea on a voyage that is not an international voyage if there is in force in respect of the ship a Papua New Guinea Survey Certificate that, in the opinion of the Safety Officer, is appropriate having regard to–

(a) the ship; and

(b) the voyage in which the ship is, or is about to be, engaged.

  1. SAFETY CERTIFICATES FOR CARGO SHIPS OF LESS THAN 500 TONS.

(1) Subject to Subsections (2) and (3), a Cargo Ship of less than 500 t shall not go to sea unless there is in force in respect of the ship a Papua New Guinea Survey Certificate that, in the opinion of the Safety Officer, is appropriate having regard to–

(a) the ship; and

(b) the voyage in which the ship is, or is about to be, engaged.

(2) A Cargo Ship of 300 t or more and of less than 500 t shall not go to sea on an international voyage unless there are in force in respect of the ship–

(a) a Cargo Ship Safety Radiotelephony Certificate; and

(b) any Exemption Certificate required by the Safety Convention to be issued in relation to the voyage in which the ship is, or is about to be, engaged.

(3) A Cargo Ship of less than 500 t, being a ship to which the Load Line Convention applies, shall not go to sea unless there are in force in respect of the ship–

(a) an International Load Line Certificate; and

(b) any International Load Line Exemption Certificate required by the Load Line Convention to be issued in relation to the voyage in which the ship is, or is about to be, engaged.

PART III. – SURVEYS AND INSPECTIONS.

  1. INTERPRETATION OF PART III.

In this Part, “ship” does not include a Safety Convention Ship.

  1. REQUIREMENTS FOR SHIPS TO BE SURVEYED.

(1) A ship is subject to survey in respect of–

(a) equipment; and

(b) hull; and

(c) load line; and

(d) machinery; and

(e) radio.

(2) Each of the matters referred to in Subsection (1) shall be known as a Survey Section.

(3) A ship shall be surveyed–

(a) before the issue; and

(b) periodically during the currency,

of a Papua New Guinea Survey Certificate, in respect of the ship.

(4) The Safety Officer may direct that a ship be surveyed where–

(a) any material alteration is made to the ship; or

(b) the ship sustains damage or accident which affects, or may affect, the safety of the ship.

(5) A survey referred to in Subsection (3)(b) shall be known as a periodic survey.

  1. PERIODIC SURVEYS.

(1) On the issue of a Papua New Guinea Survey Certificate in respect of a ship, the Safety Officer shall, in respect of each Survey Section, nominate the date on which that Survey Section shall, subject to this section, be surveyed in each subsequent year.

(2) Subject to Subsections (3), (4) and (5), an annual periodic survey of a Survey Section of a ship shall be carried out not more than three months before or after the date nominated under Subsection (1).

(3) Subject to Subsections (4) and (5), not more than 15 months shall elapse between successive annual periodic surveys of a Survey Section.

(4) Where, in respect of the hull of a ship–

(a) an annual survey is made of those parts of the hull of the ship that can be surveyed while the ship is afloat; and

(b) the Safety Officer, having regard to–

(i) the construction, standard of maintenance and age of the ship; and

(ii) the trade in which the ship has been, or is about to be, engaged,

(c) so approves,

(d) the Safety Officer may permit the survey of the parts of the hull that have not been surveyed under Paragraph (a) to be made once in every period of two years.

(5) Where, in respect of the machinery of a ship–

(a) an annual survey of machinery operation and of pressure vessels is carried out; and

(b) the Safety Officer, having regard to the records kept in the ship relating to the maintenance and running hours of the machinery, so approves,

periodic surveys may be made once in every two years.

(6) Where, in respect of the machinery of a ship–

(a) an annual survey of machinery operation and of pressure vessels is carried out; and

(b) the Safety Officer, having regard to the type and suitability of the machinery and to the records kept in the ship relating to the maintenance and running hours of the machinery, so approves,

a periodic survey may be made once in every period of four years.

  1. APPLICATION FOR SURVEY.

(1) An application for survey of a ship shall be in Form S.1.

(2) The Safety Officer may require an application for survey to be accompanied by such plans and other documents as are, in his opinion, necessary or desirable.

  1. REPORT BY SURVEYOR.

The report referred to in Section 70(1) of the Act shall be in Form S.2.

  1. DECLARATION OF PARTIAL SURVEY.

Where, in respect of the whole or of any item of a Survey Section, a survey is carried out by a person other than the person completing the declaration referred to in Section 70(2) of the Act, the person who has carried out the survey shall complete a report and a declaration in Form S.3.

  1. DECLARATION BY SURVEYOR.

The declaration referred to in Section 70(2) of the Act shall be in Form S.4.

  1. SURVEY MASTER SHEET.

(1) A Survey Master Sheet shall be in Form S.5.

(2) The owner or master of a ship in respect of which a Papua New Guinea Survey Certificate has been granted who refuses, or fails without reasonable cause to–

(a) maintain in the ship; and

(b) keep on board the ship and make available, on request, for inspection or endorsement–

(i) by the Safety Officer; or

(ii) by a surveyor; or

(iii) by a person authorized by the Safety Officer,

(c) the Survey Master Sheet to which the certificate relates,

(d) is guilty of an offence.

Penalty: A fine not exceeding K50.00.

(3) A surveyor who has carried out a survey or inspection shall endorse on the Survey Master Sheet the results of that survey or inspection.

(4) On the expiration of the period for which the Papua New Guinea Survey Certificate of a ship has been granted or extended, the owner or master of the ship shall deliver the Survey Master Sheet in respect of the ship to the Safety Officer.

  1. EXEMPTION FROM SURVEY.

The Safety Officer may, subject to such conditions (if any) as he thinks fit, exempt a ship, or a particular class of ship, from compliance with any requirement of this Part.

PART IV. – PAPUA NEW GUINEA SURVEY CERTIFICATES.

  1. INTERPRETATION OF PART IV.

In this Part “ship” does not include a Safety Convention Ship.

  1. PAPUA NEW GUINEA SURVEY CERTIFICATE.

A Papua New Guinea Survey Certificate shall be in Form S.6.

  1. DURATION OF PAPUA NEW GUINEA SURVEY CERTIFICATE.

(1) Subject to endorsement under Section 18, a Papua New Guinea Survey Certificate shall remain in force for a period not exceeding four years from the date on which it is granted.

(2) Notwithstanding Subsection (1), where, in the opinion of the Safety Officer, it would be reasonable to do so, he may, by endorsement on a Papua New Guinea Survey Certificate in respect of a ship, grant an extension of the duration of the Certificate for a period not exceeding three months after the date on which the Certificate would otherwise expire.

  1. PERIODIC SURVEY ENDORSEMENTS.

The Safety Officer shall, where a periodic survey of a ship has been carried out and he is satisfied that, in respect of the ship, there has been compliance with the requirements of the Act and of this Regulation, endorse the Papua New Guinea Survey Certificate of the ship accordingly.

  1. SUSPENSION OR CANCELLATION OF PAPUA NEW GUINEA SURVEY CERTIFICATE.

Where, in respect of a ship, the Safety Officer is not satisfied that there has been compliance with the requirements of the Act or of this Regulation, he may–

(a) suspend the Papua New Guinea Survey Certificate of the ship until he is so satisfied; or

(b) cancel the Papua New Guinea Survey Certificate of the ship.

PART V. – IMPLEMENTATION OF CONVENTIONS.

Division 1.

Safety Convention.

  1. INTERPRETATION OF DIVISION 1.

In this Division “ship” means a Safety Convention ship.

  1. SURVEY OF SAFETY CONVENTION SHIPS.

(1) For the purposes of the Safety Convention, the survey and inspection of a ship shall be carried out by a specified surveyor.

(2) The Minister may, by instrument, designate a surveyor as a specified surveyor for the purposes of this Part.

  1. ISSUE OF SAFETY CONVENTION CERTIFICATES.

Where a specified surveyor is satisfied in the particular case that he may do so, he shall, in respect of a ship that has been surveyed by him under Section 21, issue–

(a) a Passenger Ship Safety Certificate; and

(b) a Cargo Ship Safety Construction Certificate; and

(c) a Cargo Ship Safety Equipment Certificate; and

(d) a Cargo Ship Radiotelegraphy Certificate; and

(e) a Cargo Ship Radiotelephony Certificate; and

(f) in any case where the Safety Officer has so approved, an Exemption Certificate under the Safety Convention.

  1. DULY AUTHORIZED OFFICER.

For the purposes of Regulation 19 of Chapter 1 of the Safety Convention, “officer duly authorized” means an officer of the Office of Transport who–

(a) is a surveyor; and

(b) has been appointed by the Safety Officer, by instrument, to exercise the powers specified in that Regulation.

  1. DECK LOG BOOK.

For the purposes of Regulations 14(f) and 22(b) of Chapter II and of Regulation 26 of Chapter III of the Safety Convention “the prescribed log book” means the Deck Log Book.

  1. INSTRUCTIONS FOR CARRIAGE OF DANGEROUS GOODS.

For the purposes of Regulation 1(d) of Chapter VII of the Safety Convention–

(a) the safe packing and stowage of specific dangerous goods or categories of dangerous goods; and

(b) the precautions required to be taken in the relation of such goods to other cargo,

shall be as determined by the Minister by notice in the National Gazette.

Division 2.

Load Line Convention.

  1. INTERPRETATION OF DIVISION 2.

In this Division “ship” means a Load Line Convention ship.

  1. SURVEY OF LOAD LINE CONVENTION SHIPS.

For the purposes of the Load Line Convention, the survey, inspection and marking of a ship shall be carried out by a specified surveyor.

  1. ISSUE OF LOAD LINE CERTIFICATES.

Where a specified surveyor is satisfied that he may do so, he shall, in respect of a ship that has been surveyed by him under Section 27, issue–

(a) an International Load Line Certificate; and

(b) in any case where the Safety Officer has so approved–an International Load Line Exemption Certificate.

  1. DULY AUTHORIZED OFFICER.

For the purposes of Article 21 of the Load Line Convention, “officer duly authorized” means an officer of the Office of Transport who–

(a) is a surveyor; and

(b) has been appointed by the Safety Officer by instrument, to exercise the powers specified in that Article.

PART VI. – SAFETY.

Division 1.

Hulls.

  1. INTERPRETATION OF DIVISION 1.

In this Division, “ship”–

(a) does not include a Safety Convention ship; and

(b) except where the contrary intention appears, means a ship that is a new ship.

  1. DESIGN OF SHIPS.

The–

(a) design of a ship, including the design of the hull, superstructure, bulkheads, decks, deck houses, masts, rigging and funnel; and

(b) materials with which the parts of a ship referred to in Paragraph (a) are to be constructed,

shall be adequate having regard to the intended service of the ship.

  1. HULL CONSTRUCTION.

A ship shall be so built that–

(a) the structural strength, number and disposition of the bulkheads of the ship shall be adequate having regard to the intended service of the ship; and

(b) there shall be provided a collision bulkhead in the fore part of the ship; and

(c) the main and auxiliary machinery essential for the propulsion and safety of the ship shall be provided with bulkheads fore and aft of the machinery space; and

(d) a bulkhead shall be located at the forward end of the stern tube; and

(e) the bulkheads shall be–

(i) substantially constructed; and

(ii) watertight; and

(iii) fire resistant; and

(f) penetrations of the bulkheads by pipes or electric cables shall be so designed as to maintain the watertight and fire-resistant integrity of the bulkheads; and

(g) access openings in bulkheads shall be provided with permanently attached watertight closing devices so designed as to maintain the watertight integrity of the bulkhead; and

(h) the location and construction of the collision bulkhead shall be such as to–

(i) maintain the watertight integrity of the fore part of the ship; and

(ii) allow the ship to proceed at manoeuvring speed in the event of a collision; and

(i) where the machinery is not located immediately forward of the stern tube, there shall be provided a watertight tunnel enclosing the shafting between–

(i) the forward end of the stern tube; and

(ii) the bulkhead of the machinery space; and

(j) adequate arrangements shall be provided to allow access to the stern gland;and–

(k) in the case of a ship of 20 m or more in length, there shall be provided fire-resistant sub-divisions so that a fire in any one space will not destroy all the fire pumps or life saving apparatus carried in the ship; and

(l) there shall be provided such additional fire-resistant or fire-retarding subdivisions as, in the opinion of the Safety Officer, may be necessary having regard to–

(i) the voyage in which the ship is, or is likely, to be engaged; and

(ii) the number of persons and the type of cargo carried in the ship; and

(m) the bulkheads and decks enclosing any space that is used–

(i) for the storage of any fireman’s outfit; or

(ii) for the control of watertight doors and fixed fire-smothering apparatus; or

(iii) as a fire control position,

shall be constructed of fire-resistant material; and

(n) where the bulkheads or decks of any space referred to in Paragraph (m) are common with the machinery space they shall be adequately insulated; and

(o) the bulkheads and decks enclosing the machinery space shall be of fire-resistant material; and

(p) all openings in fire-resistant or fire-retarding subdivisions shall be fitted with a permanently attached means of closing, operable from both sides of such openings, which will give no less resistance to fire than the bulkhead itself; and

(q) machinery space skylights shall be constructed of steel or equivalent material; and

(r) permanently attached portable steel closing devices shall be provided for–

(i) glass panels fitted in machinery space skylights; and

(ii) gratings fitted in the bulkheads or decks enclosing the machinery spaces; and

(s) all enclosed spaces shall be provided with a means of escape to the open deck; and

(t) the means of escape from enclosed spaces shall–

(i) be as short and direct as possible; and

(ii) provide adequate protection from fire and smoke; and

(u) in the case of a ship of 20 m or more in length–not less than two means of escape, located as far apart as possible, shall be provided from the machinery space; and

(v) in the case of a ship fitted with shaft tunnels–a means of escape shall be provided from the shaft tunnel to above the bulkhead deck.

  1. ANCHORS AND CABLES.

(1) A ship shall be equipped with–

(a) anchoring arrangements; and

(b) anchors; and

(c) subject to Subsection (2)–chain cables,

sufficient in number, weight and strength having regard to the size of the ship and the intended service of the ship.

(2) Rope constructed of wire, or of other material, may be substituted for chain cable where–

(a) the Safety Officer is satisfied as to its strength; and

(b) an acceptable length of chain cable of adequate size is attached between the rope and the anchor.

(3) Acceptable means shall be provided for the safe stowing of–

(a) anchors; and

(b) the chain cables or ropes,

of the ship.

  1. SOUNDING PIPES.

(1) A ship shall have provision for sounding the depth of water which may be present in tanks and bilges of compartments of the ship which are not at all times readily accessible.

(2) The size, construction, location and materials used in the construction of the sounding pipes of a ship shall be adequate having regard to–

(a) ready accessibility; and

(b) accuracy of indication of the contents of the bilge or tank; and

(c) the safety of the ship.

(3) The upper end of each sounding pipe shall be fitted with an acceptable permanently attached closing device.

(4) Striking plates, or their equivalent, of acceptable thickness shall be fitted under each sounding pipe.

(5) Sounding pipes shall be adequately protected against accidental damage.

  1. VENTILATORS AND AIR PIPES.

(1) The ventilation provided for each tank and compartment of a ship shall be adequate, having regard to the size and location of the tank and the compartment and the purpose for which that tank or compartment is, or is intended to be, used.

(2) The height and location of each ventilator and of each air pipe in a ship shall be adequate having regard to the safety of the ship.

(3) The size and scantlings of each air pipe and of each ventilator shall be adequate having regard to–

(a) the location of each air pipe and of each ventilator; and

(b) the use to which the tank or compartment served by each air pipe and by each ventilator is put.

(4) Each opening of an air pipe and of a ventilator shall be provided with an adequate closing device having regard to–

(a) the prevention of ingress of water; and

(b) the fire hazard,

in the compartment or tank served by that air pipe and ventilator.

  1. SHIP SIDE FITTINGS.

(1) Each sea inlet and each overboard discharge pipe in a ship shall be fitted with an acceptable valve or cock secured direct to–

(a) the side of the ship; or

(b) an acceptable connection fitted between the shell plating and the valve or cock.

(2) The material, design and construction of each valve, cock or connection referred to in Subsection (1) and the method of its attachment to the side of the ship shall be such as to maintain the integrity of the hull structure of the ship against flooding.

(3) Each valve or cock shall be–

(a) capable of being operated from a readily accessible position; and

(b) fitted with a means of indicating, at the position from which it is operated, whether it is open or closed.

(4) A grating of an acceptable design shall be fitted at each opening in the side of the ship for sea inlet valves and inlet water boxes.

  1. RUDDER AND STEERING GEAR.

(1) A ship shall have–

(a) a rudder; and

(b) steering gear; and

(c) associated fittings,

adequate to steer the ship at maximum speed ahead and astern without danger of damage to the steering gear.

(2) Adequate provision shall be made to steer a ship in the event of failure of the main steering system of the ship.

(3) The adequate provision referred to in Subsection (2) shall–

(a) be capable of being brought rapidly into action; and

(b) enable the ship to be steered at a navigable speed.

(4) The Safety Officer may, if he thinks fit, permit a device other than a rudder for the steering of a ship.

  1. CATHODIC PROTECTION.

(1) Where it is intended to fit anodes in tanks designed for the carriage of oil or other hazardous substances–

(a) the anodes shall be of material compatible with the substances carried; and

(b) the construction, location and means of attachment of the anodes shall be such as to minimize the risk of accidental ignition of inflammable vapours of gases.

(2) Where cathodic protection for the purposes of Subsection (1), other than by anodes, is fitted, impressed current methods of cathodic protection shall not be permitted.

  1. HULL REQUIREMENTS FOR EXISTING SHIPS.

(1) Subject to Subsection (2), the hull requirements for a ship that is an existing ship are the same as the hull requirements for a ship that is a new ship.

(2) The Safety Officer may, in the case of a ship that is an existing ship, permit such modification of the hull requirements as he thinks fit having regard to–

(a) the age of the ship; and

(b) the trade in which the ship is, or is about to be, engaged.

Division 2.

Machinery.

  1. INTERPRETATION OF DIVISION 2.

In this Division, “ship”–

(a) does not include a Safety Convention ship; and

(b) except where the contrary intention appears, means a ship that is a new ship.

  1. MAIN AND AUXILIARY MACHINERY.

(1) The machinery of a ship shall be so–

(a) designed; and

(b) constructed; and

(c) fitted with safety devices,

that there will be the maximum availability of power to–

(d) drive the ship; and

(e) supply all the systems essential to the safety of the ship.

(2) The main engines, gearing, shafting and propeller of a ship shall be capable of moving the ship ahead and astern.

  1. FIRST STARTING ARRANGEMENTS.

A ship shall be provided with equipment for starting the main and auxiliary engines from dead ship conditions without external assistance.

  1. PRESSURE VESSELS.

Where a ship is fitted with–

(a) fired pressure vessels with design pressure 3.5 kg/cm2 or more; or

(b) unfired pressure vessels with design pressure of 7.0 kg/cm2 or more,

the design, material and construction of the pressure vessels and their associated valves and fittings shall be approved by the Safety Officer.

  1. ELECTRICAL EQUIPMENT.

The electrical equipment of a ship shall be designed, constructed and fitted with regard to the safety of the ship and of persons on board the ship.

  1. PUMPS AND PIPING SYSTEMS.

(1) The piping systems of a ship shall be designed to prevent the progressive flooding of the vessel in the event of a casualty.

(2) A ship shall be provided with an efficient pumping plant having the suctions and means for drainage so arranged that any water within any compartment can be pumped out through not less than one suction when the ship–

(a) is upright; or

(b) has a list of no more than 5°.

(3) The pumping and piping systems of a ship shall be–

(a) designed with regard to the safety of the ship; and

(b) constructed and fitted so as to be suitable for service in the system in which they are incorporated; and

(c) such as to ensure the availability of all essential services on the ship.

(4) Where the Safety Officer thinks it necessary, relief devices shall be incorporated in pumps and piping systems so as to ensure that the hull, machinery, pumps, piping systems and tanks of the ship will not be subject to excess pressures.

(5) The pumps and piping systems for the transfer of oil shall be separate from any other pump and piping system in the ship.

  1. BOILER FEED SYSTEMS.

Any boiler generating steam for the main propulsion system or other essential system of a ship shall be provided with two feed systems capable of being used independently of each other.

  1. SPARE GEAR AND TOOLS.

Such tools and spare gear shall be provided in a ship as are necessary for the routine maintenance and repair of minor damage to–

(a) the main and auxiliary engines; and

(b) the pressure vessels; and

(c) the windlass; and

(d) the steering gear; and

(e) the pumps; and

(f) the electrical equipment,

required for the safe operation of the ship.

  1. UNMANNED MACHINERY SPACES.

In the case of a ship which is, or is intended to be, operated with a machinery space where a continuous watch is not maintained, the design, construction and installation of the machinery, pumping systems, control systems and alarm systems, shall be acceptable.

  1. REMOTE CONTROL SYSTEMS.

Systems in a ship for the remote control of auxiliary and main machinery, including the propeller, shall be acceptable.

  1. CREW PROTECTION IN MACHINERY SPACES.

(1) The moving parts of machinery in a ship shall have adequate guards provided to ensure safety of persons on board the ship.

(2) Where a pipe in a ship has a normal working temperature of 100°C or more, the pipe shall be adequately lagged.

  1. WINDLASSES.

A ship that is required to carry an anchor weighing 50 kg or more shall be provided with a suitable winch or windlass to lower and raise the anchor and its associated chain cables or ropes.

  1. MACHINERY REQUIREMENTS FOR EXISTING SHIPS.

(1) Subject to Subsection (2), the machinery requirements for a ship that is an existing ship are the same as the machinery requirements for a ship that is a new ship.

(2) The Safety Officer may, in the case of a ship that is an existing ship, permit such modification of the machinery requirements as he thinks fit having regard to–

(a) the age of the ship; and

(b) the trade in which the ship is, or is likely to be, engaged.

Division 3.

Load Line.

  1. INTERPRETATION OF DIVISION 3.

In this Division, unless the contrary intention appears–

“length” has the same meaning as in the Annexes to the load Line Convention;

“ship” does not include a Load Line Convention ship but does include a ship that is a fishing vessel.

  1. DETERMINATION OF LOAD LINE.

Subject to Sections 62 to 65, the load line of a ship shall be determined in accordance with the Regulations, other than Regulations 4 to 9, made under the Load Line Convention.

  1. MARKINGS.

(1) A ship shall be marked with–

(a) a deck line mark; and

(b) a load line mark; and

(c) lines to be used with the load line mark; and

(d) the mark of the assigning authority,

in accordance with the provisions of Sections 56 to 60.

(2) The marks referred to in Subsection (1) are as specified in Schedule 2.

  1. DECK LINE MARKS.

(1) The deck line of a ship shall–

(a) consist of a horizontal line 250 mm in length and 25 mm in breadth; and

(b) be marked amidships on each side of the ship,

and, subject to Subsection (2), its upper edge shall normally pass through the point where the continuation outwards of the upper surface of the freeboard deck intersects the outer surface of the shell.

(2) Where the freeboard is correspondingly corrected, the deck line may be placed with reference to another fixed point on the ship.

(3) The location of the fixed point referred to in Subsection (2) and the identification of the freeboard deck shall be indicated on the Survey Master Sheet of the ship.

  1. LOAD LINE MARKS.

(1) The load line mark of a ship shall consist of a ring that is–

(a) 250 mm in outside diameter; and

(b) 25 mm in breadth; and

(c) intersected by a horizontal line–

(i) 375 mm in length; and

(ii) 25 mm in breadth; and

(iii) the upper edge of which passes through the centre of the ring.

(2) The centre of the ring referred to in Subsection (1) shall be placed–

(a) amidships; and

(b) at a distance equal to the assigned freeboard measured vertically below the upper edge of the deck line.

  1. LINES TO BE USED WITH LOAD LINE MARK.

(1) In this section, “lines” means the lines referred to in Section 55(1)(c).

(2) A ship shall be marked with lines the upper edges of which indicate–

(a) the Fresh Water Load Line; and

(b) the Summer Load Line; and

(c) the Tropical Fresh Water Load Line; and

(d) the Tropical Load Line,

of the ship.

(3) The lines shall–

(a) be horizontal lines of 200 mm in length and 25 mm in breadth; and

(b) extend at right angles to a vertical line.

(4) The vertical line referred to in Subsection (3) shall be–

(a) 25 mm in breadth; and

(b) 500 mm forward of the centre of the ring referred to in Section 57(1).

(5) The lines that indicate–

(a) the Fresh Water Load Line of a ship shall–

(i) extend abaft the vertical line referred to in Subsection (4); and

(ii) be marked with the letter “F”; and

(b) the Summer Load Line of a ship shall–

(i) be level with the horizontal line referred to in Section 57(1)(c); and

(ii) extend forward of the vertical line referred to in Subsection (4); and

(iii) be marked with the letter “S”; and

(c) the Tropical Fresh Water Load Line of a ship shall–

(i) extend abaft the vertical line referred to in Subsection (4); and

(ii) be marked with the letters “TF”; and

(d) the Tropical Load Line of a ship shall–

(i) extend forward of the vertical line referred to in Subsection (4); and

(ii) be marked with the letter “T”.

  1. MARK OF ASSIGNING AUTHORITY.

(1) Subject to Subsection (3), the letters “P N G” shall be marked on a ship on the aft side of the load line disc, the base of such letters being in line with the horizontal line referred to in Section 57(1)(c).

(2) The letters referred to in Subsection (1) shall be 100 mm in height and of proportionate breadth.

(3) The Safety Officer, where he is satisfied that the letters used to mark a ship adequately identify the assigning authority, may permit letters other than the letters “P N G” to be used.

  1. DETAILS OF MARKING.

The ring and lines referred to in Section 57(1) and the letters referred to in Section 59(1) shall be painted in–

(a) white or yellow on a dark ground; or

(b) black on a light ground,

and shall be–

(c) permanently marked on the side of the ship to the satisfaction of the Safety Officer; and

(d) plainly visible.

  1. VERIFICATION OF MARKS.

A Papua New Guinea Survey Certificate shall not be–

(a) issued in respect of a ship; or

(b) subsequently endorsed,

unless the Safety Officer is satisfied that the required marks are correctly and permanently indicated on the sides of the ship.

  1. MODIFICATION OF REQUIREMENTS FOR NEW SHIPS OF LESS THAN 24 METRES IN LENGTH.

The Safety Officer may in the case of a ship that is a new ship of less than 24 m in length, permit, subject to such conditions (if any) as he thinks fit, modifications of the load line requirements having regard to the strength and stability of the vessel.

  1. FREEBOARD FOR NEW SHIPS OF LESS THAN 24 METRES IN LENGTH.

(1) The tabular freeboard for new ships of less than 24 in in length is as specified in Schedule 3.

(2) Subject to Subsection (3) the tabular freeboard for a ship of a length specified in Column 1 of Schedule 3 is as specified opposite in Column 2 of that Schedule.

(3) The tabular freeboard of a ship at an intermediate length from that set out in Column 1 of Schedule 3 shall be obtained by linear interpolation.

  1. MODIFICATION OF REQUIREMENTS FOR EXISTING SHIPS.

(1) In the case of a ship that is an existing ship, the requirements relating to the conditions of assignment shall be complied with as far as is, in the opinion of the Safety Officer, reasonable and practical.

(2) In forming an opinion for the purposes of Subsection (1), the Safety Officer shall have regard to the efficiency of–

(a) the protection of openings; and

(b) the guard rails; and

(c) the freeing ports; and

(d) the means of access to the crew accommodation,

provided by the existing arrangements of the fittings and appliances on the ship.

(3) Subject to Subsection (1), where any renewal, or substantial alteration, is made to an existing ship and that renewal or that alteration may affect the freeboard or the conditions of assignment of the ship, that renewal or that alteration shall be carried out as if the existing ship were a new ship.

  1. FREEBOARDS IN EXISTING SHIPS.

(1) Subject to Subsection (2), where freeboards have been assigned to a ship that is an existing ship by an authority approved by the Safety Officer, the ship may retain those freeboards after 1 January 1977 provided that the conditions of assignment maintained in the ship are maintained in a condition as effective as when the original assignment was made.

(2) Where freeboards cannot be retained under Subsection (1), the Safety Officer shall assign such freeboards as he thinks necessary.

Division 4.

Equipment.

Subdivision A. – Navigational and Miscellaneous Equipment.

  1. NAVIGATIONAL LIGHTS.

(1) The navigation lights of a ship–

(a) shall be–

(i) windproof; and

(ii) weatherproof; and

(b) shall have oil or electricity as their main source of power.

(2) A ship shall–

(a) be provided with an alternative source of power for its navigation lights; and

(b) where the alternative source of power differs from the main source of power–be capable of operation for a period of not less than three hours.

(3) The alternative source of power shall, in the event of a failure of the main source of power, be capable of operation for a period of not less than three hours.

(4) A ship that is–

(a) a tanker; or

(b) a vessel carrying flammable liquids in bulk with a flash point of less than 23°C,

shall be provided with lights and sources of power to the satisfaction of the Safety Officer.

  1. CHARTS, PUBLICATIONS AND INSTRUMENTS.

(1) A ship shall carry parallel rulers and dividers and shall also carry–

(a) such charts as are necessary; and

(b) tide tables and sailing directions,

for the trade area in which the ship is, or is about to be, proceeding on a voyage.

(2) A ship that is 30 m or more in length shall carry–

(a) the items referred to in Subsection (1); and

(b) a set of navigational tables; and

(c) a copy of the current–

(i) Nautical Almanac; and

(ii) List of Lights or relevant extract from List of Lights.

  1. COMPASSES.

(1) In this section “compass” means magnetic compass.

(2) Subject to Section 70, a ship that is 30 m or more in length shall carry–

(a) a steering compass that is–

(i) so placed in the ship as to be easily visible to the helmsman; and

(ii) fitted wish means of lighting; and

(b) either–

(i) a standard compass that is–

(A) so situated in the ship as to allow the maximum possible view of the horizon; and

(B) fitted with a means of lighting; and

(C) equipped with means for taking bearings; or

(ii) a periscopic combined standard and steering compass that is suitably–

(A) placed in the ship; and

(B) fitted with means of lighting; and

(C) equipped with means for taking bearings; and

(c) a spare compass bowl and card.

(3) Subject to Section 70, a ship that is less than 30 m in length shall carry the equipment required to be carried in a ship that is 30 m or more in length, or–

(a) a steering compass as specified in Subsection (2)(a); and

(b) an efficient means, including a hand bearing compass or pelorus, for taking bearings; and

(c) a spare compass bowl and card.

(4) The compasses and arrangements for positioning of the compasses and the arrangements for the positioning of the corrector magnets shall be to the satisfaction of the Safety Officer.

  1. ADJUSTMENT OF MAGNETIC COMPASSES.

(1) Where so required by a surveyor, a ship shall be swung by a person approved by the Safety Officer to ascertain and, where necessary, reduce the deviation of the compasses carried on the ship.

(2) Where a ship has been swung under Subsection (1), the person carrying out the adjustment to the compasses shall make a statement setting out in tabular form the deviations found and the size and position of any correctors used.

(3) A copy of the statement referred to in Subsection (2) shall be kept in a prominent place in the Chart Room or Wheel House of the ship to which the statement relates.

  1. GYRO COMPASSES.

Where a gyro compass is carried in a ship as part of the normal navigational equipment of the ship, all of the compasses carried in the ship and the compass arrangements shall be to the satisfaction of the Safety Officer.

  1. LEADLINES AND SOUNDING APPLIANCES.

(1) Subject to Subsection (2), a ship shall carry two hand leadlines each consisting of a lead of at least 3 kg and a line of at least 45 m in length marked in accordance with the normal practice of seamen.

(2) A ship that is equipped with an electric or mechanical depth finding apparatus shall be required to carry one hand leadline.

  1. MISCEILANEOUS NAVIGATION EQUIPMENT.

(1) A ship shall carry an efficient pair of binoculars fitted with a neck strap and carry case.

(2) A ship that is 30 m or more in length shall carry an efficient barometer.

  1. LANTERNS AND TORCHES.

(1) A ship that is 20 m or more in length shall carry a signalling lantern of the daylight type that shall–

(a) have as its source of power a battery, or a set of batteries, that is–

(i) portable; and

(ii) capable of providing power to the signalling lantern for three hours without requiring to be recharged; and

(iii) capable of being recharged from the main source of power of the ship; and

(b) be approved by the Safety Officer; and

(c) be, with its battery or set of batteries, contained in a container or box that is–

(i) suitably constructed; and

(ii) fitted with carrying straps or handles; and

(iii) readily accessible at all times; and

(d) be provided with a spare bulb.

(2) A ship that is less than 20 m in length shall carry the equipment referred to in Subsection (1) or–

(a) a waterproof electric torch suitable for morse signalling; and

(b) a spare set of batteries; and

(c) a spare bulb.

  1. CODE FLAGS AND BOOKS.

(1) A ship shall be provided with such International Code Flags and Books as the Safety Officer, having regard to the service in which the ship is, or is about to be, engaged, thinks fit.

(2) A ship shall carry such equipment or fittings as is necessary for the display of International Code Flags.

  1. COMMUNICATIONS FROM BRIDGE TO ENGINE ROOM.

(1) A ship shall be equipped with an effective means of communication, other than the telegraph, between the bridge and the engine room.

(2) The means of communication referred to in Subsection (1) may be–

(a) a voice pipe; or

(b) a telephone that is independent of the main source of power of the ship.

  1. BOARDING OF PILOTS.

A ship that is engaged, or about to be engaged, on a voyage in the course of which a pilot is likely to be employed shall comply with the requirements of the Safety Convention with regard to pilot ladders as if the ship were a Safety Convention ship.

  1. GANGWAYS AND SAFETY NETS.

(1) A ship shall carry an acceptable gangway or accommodation ladder to provide safe access to, and egress from, the ship when the ship is–

(a) laying at anchor; or

(b) alongside a wharf or another ship.

(2) When the gangway or accommodation ladder is in use, an acceptable net shall be rigged so as to prevent accidents.

(3) At night the gangway or accommodation ladder shall be illuminated.

  1. LIFESAVING SIGNALS.

(1) A ship shall carry a list of lifesaving signals as specified in Regulation 16 of Chapter V of the Safety Convention.

(2) The signals referred to in Subsection (1) shall be used for communication between–

(a) ships; and

(b) a ship and–

(i) a person in distress; and

(ii) a shore based rescue organization; and

(iii) an aircraft engaged in search and rescue operations.

Subdivision B. – Lifesaving Appliances.

  1. INTERPRETATION OF SUBDIVISION B.

In this Subdivision, “ship” does not include a ship that is a Safety Convention ship.

  1. APPROVAL AND ACCEPTANCE OF APPLIANCES.

(1) In relation to a ship–

(a) the design and construction of–

(i) lifeboats and associated equipment; and

(ii) lifeboats and associated equipment; and

(iii) rescue boats and associated equipment; and

(iv) lifebuoys; and

(b) the type and installation of alarm systems; and

(c) the design and material of distress sheets; and

(d) the type of–

(i) torches; and

(ii) hand lamps; and

(iii) buoyant lines,

of, or carried in, the ship shall be acceptable.

(2) The type of–

(a) life jackets; and

(b) parachute distress rockets; and

(c) smoke floats; and

(d) hand flares; and

(e) self igniting light floats; and

(f) line throwing apparatus,

carried in a ship shall be approved by the Safety Officer.

  1. LIFEBOATS, LIFERAFTS AND RESCUE BOATS.

(1) In this “persons on board” means the number of persons that is stated on the safety certificate of the ship to be the maximum number of persons that shall be carried on the ship.

(2) Subject to Subsection (3), a ship shall carry–

(a) lifeboats on each of her sides so that the capacity of the lifeboats on each side is sufficient to accommodate all of the persons on board; or

(b) lifeboats capable of being launched on either side of the ship with a capacity to accommodate all of the persons on board; or

(c) both–

(i) liferafts with a capacity to accommodate all of the persons on board; and

(ii) a rescue boat; or

(d) a combination of–

(i) lifeboats; and

(ii) liferafts,

capable of being launched on either side of the ship with a capacity to accommodate all of the persons on board.

(3) Every lifeboat carried on a ship shall carry, or be fitted with, acceptable means and equipment for its propulsion.

  1. LIFEJACKETS.

(1) A ship shall carry at least one lifejacket for every person carried on board the ship.

(2) Each lifejacket required to be carried on a ship shall be of a type suitable for the voyage in which the ship is, or is about to be, engaged.

  1. HAND FLARES.

(1) A ship shall carry–

(a) not less than six hand flares, and–

(b) in the case of a ship required to carry more than one lifeboat or liferaft–not less than three hand flares for each lifeboat or liferaft.

(2) The hand flares required to be carried on a ship shall be stowed–

(a) in watertight containers; and

(b) in such a position that, in the event of an emergency, they can readily be placed in each lifeboat or liferaft carried on the ship.

  1. ALARMS.

Where mustering of all persons on board a ship cannot efficiently be carried out by voice alone, the ship shall have–

(a) a General Alarm; and

(b) an Engine Room Alarm.

  1. FRESH WATER.

(1) For the purposes of survival of the persons on board a ship, the ship shall carry fresh water.

(2) The fresh water carried on a ship under Subsection (1) shall be stowed in suitable containers each of which shall not exceed a capacity of 18 l.

(3) The containers referred to in Subsection (2) shall be stowed on the ship in such a position that, in the event of an emergency, they can readily be placed in each lifeboat or liferaft required to be carried in the ship so that each lifeboat or liferaft carries a quantity of not less than a litre of fresh water for each person carried in the lifeboat or liferaft.

  1. SMOKE FLOATS AND DISTRESS SHEET.

A ship shall carry not less than–

(a) two smoke floats; and

(b) one distress sheet.

  1. GENERAL LIFESAVING APPLIANCES.

(1) A ship shall carry the general lifesaving appliances specified in Schedule 4.

(2) A ship of a length specified in Column 1 of Schedule 4 shall carry the general lifesaving appliances specified opposite in Columns 2,3,4 and 5 of that Schedule.

  1. MARKING OF LIFESAVING APPLIANCES.

(1) The lifesaving appliances required to be carried on a ship shall be marked as specified in Schedule 5.

(2) In the case of a lifesaving appliance specified in Column 1 of Schedule 5, the marks shall be as specified opposite in Column 2 of that Schedule.

  1. STOWAGE OF LIFEBOATS.

(1) A lifeboat shall be stowed in a ship in such a manner that–

(a) with a launching crew on board the ship, it can be put in the water safely in not more than 15 minutes when the trim of the ship is 10° and the list of the ship is 15°; and

(b) as far as practicable, it shall be capable of being launched down the straight side of the ship; and

(c) it shall not impede–

(i) the rapid handling of other lifesaving appliances; or

(ii) the marshalling of passengers to their muster stations and their embarkation into lifesaving appliances.

(2) Subject to Subsection (3), a lifeboat shall not be carried–

(a) in the bows of a ship; or

(b) near the propeller of a ship; or

(c) near the steeply overhanging portions of the hull aft.

(3) In the case of an existing ship, where it is not practicable to comply with the requirements of Subsection (2), the Safety Officer may permit the carriage of a lifeboat–

(a) near the propeller of a ship; or

(b) near the steeply overhanging portions of the hull aft.

(4) Each lifeboat carried in a ship shall be attached to a separate set of davits or davit the design, construction and installation of which shall be suitable for the purpose of launching the lifeboat.

  1. STOWAGE OF LIFERAFTS.

A liferaft shall be stowed in a ship in such a manner that–

(a) it can be put in the water safely in not more than 15 minutes when the trim of the ship is 10° and the list of the ship is 15°; and

(b) when it is attached to a launching device, it shall be able to float free in the event of the ship sinking; and

(c) it will not impede–

(i) the rapid handling of other lifesaving appliances; or

(ii) the marshalling of passengers to their muster stations and their embarkation into lifesaving appliances.

  1. RESCUE BOATS.

A rescue boat shall be carried on a ship in such a manner that–

(a) it can be put into the water safely when the trim of the ship is 10° and the list of the ship is 15°; and

(b) it will not impede the rapid handling of other lifesaving appliances.

  1. LIFEBUOYS.

(1) Lifebuoys shall be stowed in a ship in such a manner that they–

(a) are not permanently secured in any way; and

(b) are readily accessible to all persons on board the ship; and

(c) can be rapidly cast loose.

(2) Where practicable, not less than two lifebuoys with self igniting lights attached shall be stowed on a ship in such a manner that they are capable of quick release from the navigating bridge.

  1. LIFEJACKETS.

Lifejackets shall be stowed in a ship in such a manner that they–

(a) can be easily located in a clearly marked position; and

(b) are readily accessible in an emergency for the use of persons for whom they are intended.

  1. EMBARKATION INTO LIFEBOATS AND LIFERAFTS.

(1) Subject to Subsection (3), a ship shall–

(a) at the launching point of her lifeboats, carry a ladder of sufficient length to reach her lifeboats when–

(i) they are afloat; and

(ii) the ship is at her lightest sea-going draught; and

(b) be provided with permanent means of preventing discharge of water into her lifeboats when her lifeboats are being launched.

(2) A ship that is 30 m or more in length shall carry ladders to facilitate embarkation into her liferafts when her liferafts are afloat.

(3) The Safety Officer may exempt a ship from the requirements of Subsection (1) where, having regard to–

(a) the freeboard of the ship; or

(b) the stowage position of the lifeboats,

he is satisfied that it would be reasonable to do so.

Subdivision C. – Fire-fighting Appliances.

  1. INTERPRETATION OF SUBDIVISION C.

In this Subdivision, “ship” does not include a Safety Convention ship.

  1. FIRE SERVICE, PIPES, HYDRANTS, VALVES, HOSES AND NOZZLES.

(1) A ship shall have a fire main, hydrants, fire hoses and nozzles so that, in the case of a ship of–

(a) less than 20 m in length, at least one jet of water from a single length; and

(b) 20 m or more in length, at least two jets of water from single lengths,

of fire hose can reach any part of the ship normally accessible while the ship is being navigated and any store room, or cargo space, when empty.

(2) The material, location, number and sizes of–

(a) the fire main; and

(b) the branch pipes; and

(c) the hydrants; and

(d) the fire hoses; and

(e) the nozzles; and

(f) the pump connections,

of a ship shall be acceptable.

(3) The fire main, valves and hydrants of a ship shall be constructed of materials that are not readily rendered ineffective by heat.

(4) The fire main of a ship shall be situated outside the machinery space of the ship.

(5) Discharge lines from the fire pumps of a ship shall be fitted with isolating valves at the places at which they are connected to the fire main of the ship.

(6) The hydrants of a ship shall be–

(a) constructed so that fire hoses may be easily coupled to them; and

(b) so placed in the ship as to be readily accessible.

(7) Valves or cocks shall be fitted in such positions on the pipes that any fire hose may be removed while the fire pumps are in operation.

(8) Not less than one spare length of fire hose, complete with couplings and nozzle, shall be carried on a ship.

  1. FIRE PUMPS.

(1) A ship that is–

(a) less than 20 m in length shall carry a hand-operated fixed fire pump located outside the machinery space; and

(b) 20 m or more in length but less than 30 in in length shall carry not less than two fire pumps of which one shall be an independently driven fire pump and one shall be–

(i) a hand operated fixed fire pump; or

(ii) an independently driven fire pump; and

(c) 30 m or more in length shall carry not less than two independently driven fire pumps.

(2) The design, capacity and discharge pressure of the fire pumps of a ship shall be acceptable.

  1. EMERGENCY FIRE PUMPS.

(1) Where, in a ship of 20 m or more in length, a fire in any compartment of the ship could render all of the fire pumps of the ship inoperative there shall be provided, in a position outside the machinery space, an emergency fire pump and a sea connection for that pump.

(2) The emergency fire pump referred to in Subsection (1) may be–

(a) a hand operated fixed fire pump; or

(b) an independently driven fire pump.

  1. PRESSURE RELIEF DEVICES.

Where in the opinion of the Safety Officer the fire main in a ship may be subject to excessive pressures, relief valves shall be so placed and adjusted as to prevent those excessive pressures.

  1. SEA SUCTION VALVES.

Sea suction valves of all fire pumps in a ship shall be–

(a) capable of being operated from a position that is readily accessible at all times; and

(b) fitted with indicators to show whether the valves are open or closed.

  1. FIXED FIRE EXTINGUISHING INSTALLATIONS IN MACHINERY, BOILER, ACCOMMODATION AND SERVICE SPACES.

(1) A ship that is–

(a) 20 m or more in length; and

(b) fitted with oil-fired boilers or internal combustion type propulsion machinery; and

(c) decked in the way of machinery or boiler spaces,

shall be provided with a fixed fire extinguishing installation for the machinery and boiler spaces.

(2) A ship that–

(a) is 20 m or more in length; and

(b) has provision for the carriage of more than 50 persons in enclosed accommodation,

shall be provided with a fixed fire extinguishing installation designed to protect the accommodation and service spaces.

(3) The fixed fire extinguishing installations referred to in Subsections (1) and (2) shall be approved by the Safety Officer.

  1. PORTABLE FIRE EXTINGUISHERS IN ACCOMMODATION AND SERVICE SPACES.

(1) A ship shall carry sufficient number of portable fire extinguishers to ensure that at least one portable fire extinguisher is readily available for use in any part of the accommodation and service spaces of the ship.

(2) The extinguishing medium of a portable fire extinguisher placed in an area of fire risk shall be suitable having regard to the type of fire risk likely to be involved.

  1. PORTABLE FIRE EXTINGUISHERS IN MACHINERY AND BOILER SPACES.

(1) Not less than two portable fire extinguishers with an extinguishing medium suitable for fighting oil fires shall be located at the entrance to the machinery space of a ship.

(2) Where oil-fired boilers are installed in a ship to provide auxiliary steam, one portable fire extinguisher with an extinguishing medium suitable for fighting oil fires shall be provided for each oil-fired boiler.

(3) Where oil-fired boilers are installed in a ship to provide steam for–

(a) the main propulsion machinery; or

(b) the cargo oil pumps; or

(c) the factory services,

of the ship, not less than two portable fire extinguishers with an extinguishing medium suitable for fighting oil fires shall be provided for each oil-fired boiler.

(4) Where the electrical installation voltage in a ship is greater than 50 volts, a portable fire extinguisher with an extinguishing medium suitable for fighting electrical fires shall be provided and shall be positioned adjacent to the main switchboard of the ship.

(5) A ship shall carry such additional fire extinguishers as, in the opinion of the Safety Officer, are desirable having regard to the potential fire hazard of the machinery installed in the ship.

  1. GENERAL REQUIREMENT FOR PORTABLE FIRE EXTINGUISHERS.

(1) A portable fire extinguisher carried on a ship shall be of a type approved by the Safety Officer.

(2) A ship shall carry–

(a) one refill of appropriate type; or

(b) one additional portable fire extinguisher,

for each portable fire extinguisher required to be carried on the ship under Sections 102 and 103.

  1. VENTILATORS AND VENTILATION FANS.

(1) A ventilator leading to an enclosed space on a ship shall be fitted with a closing device capable of being operated from outside the enclosed space served by the ventilator.

(2) A ventilation fan shall be capable of being stopped from outside the space served by that fan.

(3) Where–

(a) a pipe or ventilator serves a space or tank; and

(b) the space or tank by reason of–

(i) its location; or

(ii) the nature of its use,

(c) is liable to contain concentrations of flammable vapour,

(d) the pipe or ventilator shall be provided with an acceptable means of preventing the ingress of flame.

  1. OIL PUMPS.

(1) Where a pump on a ship is used for pumping oil for–

(a) cargo; or

(b) fuel; or

(c) lubricating; or

(d) cooling; or

(e) hydraulic systems,

the pump shall be capable of being stopped from both inside and outside the space in which it is located.

(2) The position outside a space referred to in Subsection (1) shall be–

(a) accessible; and

(b) not likely to be cut off in the event of the occurrence of fire in the space.

  1. OIL TANKS.

(1) Where–

(a) an oil tank in a ship is of a capacity of more than 225l; and

(b) the contents of the oil tank would, in the event of the suction or levelling pipe of the tank being damaged, be likely to be discharged,

the suction or levelling pipe from the oil tank shall be fitted with a valve or cock secured as near as practicable to the tank.

(2) The valve or cock referred to in Subsection (1) shall be capable of being closed from both inside and outside the space in which the valve or cock is located.

(3) The position outside a space referred to in Subsection (2) shall be–

(a) accessible; and

(b) not likely to be cut off in the event of the occurrence of fire in the space.

(4) A filling pipe to an oil tank in a ship shall be–

(a) led to the top of the tank; or

(b) fitted with a non-return valve.

(5) A contents level guage fitted to an oil tank in a ship shall be of an acceptable type.

(6) The open end of an air pipe to an oil, fuel or cargo tank shall be–

(a) located on the open deck of a ship in a position where no danger is likely to arise from issuing oil or vapour; and

(b) fitted with–

(i) a wire gauze diaphragm; or

(ii) a flame trap,

of a type approved by the Safety Officer.

  1. MISCELLANEOUS FIRE FIGHTING EQUIPMENT.

(1) In this section, “fireman outfit” means breathing apparatus, harness, safety lamp, safety line and hatchet.

(2) A ship that is–

(a) less than 20 m in length shall carry–

(i) one fire axe; and

(ii) four fire buckets; and

(b) 20 m or more in length but under 50 m in length shall carry–

(i) one fire axe; and

(ii) six fire buckets; and

(iii) one fireman outfit; and

(c) 50 m or more in length shall carry–

(i) two fire axes; and

(ii) eight fire buckets; and

(iii) two fireman outfits; and

(iv) in each galley, one asbestos blanket.

(3) The equipment required to be carried under Subsection (2) shall be acceptable.

  1. FIRE DETECTION SYSTEMS.

(1) A ship that–

(a) is 20 m or more in length; and

(b) has provision for carrying more than 50 persons in enclosed accommodation,

shall be fitted with a fire detection system approved by the Safety Officer in the accommodation and service spaces.

(2) A ship that is–

(a) 50 m or more in length; and

(b) intended to be operated with a machinery space where a continuous watch is not maintained,

shall be fitted in the machinery space, with a fire detection system approved by the Safety Officer.

  1. FIRE CONTROL PLANS.

A ship that is 50 m or more in length shall carry a permanently exhibited general arrangement plan showing clearly in respect of each deck of the ship–

(a) the position of the control stations; and

(b) the section of the ship enclosed in fire-resisting and fire-retarding bulkheads; and

(c) the particulars of the fire detection and fixed fire extinguishing systems; and

(d) the location of fireman outfits; and

(e) the location of fire extinguishing appliances; and

(f) the means of access to the various compartments and decks in the ship; and

(g) the ventilating systems, including the positions of dampers and master fan controls; and

(h) the location of all means of control of valves, cocks and pumps required by Sections 106 and 107.

  1. MARKING AND LOCATION.

(1) The fire fighting equipment required to be carried in a ship shall be–

(a) readily accessible; and

(b) clearly and distinctively marked as required by the Safety Officer.

(2) Where the Safety Officer thinks fit, instructions for the use of the fire fighting equipment shall be clearly marked on that equipment.

  1. CARRIAGE OF HAZARDOUS CARGOES.

A ship that is designed to carry or is carrying a cargo of a flammable or explosive nature, whether in bulk or as general cargo, shall carry or be fitted with such additional fire fighting apparatus as the Safety Officer thinks fit having regard to–

(a) the trade in which the ship is engaged; and

(b) the nature of the hazard involved.

Division 5.

Radio.

  1. INTERPRETATION OF DIVISION 5.

In this Division, unless the contrary intention appears–

“approved” means approved by the Secretary;

“internationally declared safety frequencies” means frequencies–

(a) before 1 January 1978, of–

(i) 2182 KHz; and

(ii) 4136.3 KHz or 6204 KHz; and

(b) on and after 1 January 1978, of

(i) 2182 KHz; and

(ii) 4125 KHz or 6215.5 KHz;

“satisfactory” means found to be satisfactory by the Secretary;

“the Secretary” means the Secretary for Public Utilities;

“ship” does not include a ship to which Chapter IV of the Safety Convention applies.

  1. RADIOTELEPHONE INSTALLATION.

A ship shall be equipped with an approved radio-telephone installation.

  1. FREQUENCIES.

A ship shall have radio facilities capable of transmitting and receiving–

(a) internationally declared safety frequencies; and

(b) frequencies determined by the Secretary.

  1. ANTENNA.

A ship shall–

(a) be fitted with a properly erected antenna; and

(b) carry a spare complete antenna capable of rapid erection while the ship is at sea; and

(c) carry erecting instructions for a spare antenna.

  1. CAPACITY OF SUPPLY OF ELECTRICAL ENERGY.

(1) A ship shall, when at sea and at all reasonable times when in port, have a source of supply of electrical energy sufficient for–

(a) the operation of; and

(b) testing purposes in connection with; and

(c) charging,

any batteries which are a source of electrical energy for the radiotelephone installation in the ship.

(2) A ship shall have a reserve source of electrical energy of such capacity as to be capable of supplying continuously for a period of six hours a total current equal to the sum of–

(a) 50% of the current required for the operation of the radiotelephone transmitter of the ship for the transmission of speech; and

(b) the current required for the operation of the radiotelephone receiver of the ship.

  1. SUPPLY OF ELECTRICAL ENERGY.

(1) Subject to Section 119, the electrical energy for the radio installation of a ship shall be supplied by–

(a) two batteries, of which–

(i) one shall be the main source; and

(ii) one shall be the reserve source,

of electrical energy; or

(b) both–

(i) the main source of electrical energy for the ship, as the main source; and

(ii) a battery as the reserve source,

of electrical energy; or

(c) a single battery capable of acting as–

(i) the main source; and

(ii) the reserve source,

of electrical energy.

(2) The reserve source of electrical energy provided in accordance with this section shall not be used other than for the operation of the radiotelephone installation.

(3) Where a battery is used as the main source of electrical energy for the radiotelephone installation of a ship, it shall be situated in the upper part of the ship.

  1. SAFEGUARDS FOR SUPPLY OF ELECTRICAL ENERGY.

Where the source of electrical energy for the radio installation of a ship is as referred to in–

(a) Section 118(1)(a), there shall be a satisfactory method of rapid transfer of the supply of electrical energy from the main source to the reserve source; and

(b) Section 118(1)(b), the main source shall–

(i) be so designed as not to require earthing of the main source of electrical energy of the ship; and

(ii) have adequate filtering where necessary to prevent mainsborne interference from entering the radiotelephone installation; and

(c) Section 118(1)(b), there shall be–

(i) adequate protection against voltage rise; and

(ii) a satisfactory method of rapid transfer of the supply of electrical energy from the main source to the reserve source; and

(d) Section 118(1)(c)–

(i) there shall be means of float charging the battery while it is in use for the purpose of radiotelephonic transmission or receiving; and

(ii) there shall be adequate protection against voltage rise; and

(iii) the source shall be so designed as not to require earthing of the main source of electrical energy for the ship; and

(iv) adequate filtering shall be provided where necessary to prevent mainsborne interference from entering the radiotelephone installation.

  1. RADIOTELEPHONE OPERATORS.

A ship shall carry a radiotelephone operator with a grade of qualification not less than that of the holder of an Amateur Operator’s Limited Certificate of Proficiency granted under the Radio Spectrum Act 1996.

  1. RADIOTELEPHONE RECORDS.

(1) In this section “ship” includes a ship to which Chapter IV of the Safety Convention applies.

(2) There shall be maintained on a ship a record of all messages concerned with the safety of life at sea which are–

(a) received; or

(b) transmitted; or

(c) intercepted,

by the ship.

  1. LISTENING WATCH.

(1) Subject to Subsection (2), a listening watch shall be continuously maintained on a ship that is at sea.

(2) A listening watch may be discontinued–

(a) when–

(i) at any time, other than during silence periods, the receiver forming part of the radiotelephony installation is being used on another frequency for communication in connection with the business of the ship; and

(ii) a second receiver is not available; or

(b) if, in the opinion of the master of the ship, maintenance of a listening watch would interfere with the safe navigation of the ship.

  1. OPERATOR’S DUTIES.

A radiotelephony operator in a ship shall–

(a) be familiar with the radiotelephony distress, urgency and safety procedures, as set out in the card of instructions referred to in Section 129; and

(b) immediately prior to the departure of the ship from a port and while the ship is at sea–

(i) carry out daily tests of the batteries that are a source of power for the radiotelephony installation; and

(ii) ensure where necessary that the batteries are recharged fully as soon as possible.

  1. COMPULSORY REPORTING TO COAST RADIO STATIONS.

(1) In this section “ship” has the same meaning as in Section 79 of the Act.

(2) For the purposes of Section 79(3) of the Act, the prescribed area is as specified in Schedule 6.

(3) A ship that is at sea within the prescribed area shall make reports by radiotelephone as required by this section.

(4) A report shall–

(a) be made to the officer-in-charge of the Coast Radio Station at–

(i) Port Moresby; or

(ii) Rabaul,

as the circumstances require; and

(b) be made at least twice in each period of 24 hours–

(i) as soon as practicable after leaving a port; and

(ii) before closing down prior to arriving at a port; and

(c) include information as to–

(i) the position and speed; and

(ii) the next port of destination; and

(iii) the estimated time of arrival at the next port of destination,

of the ship.

(5) Where a ship encounters any serious danger to navigation on or near her course, a report giving details of that serious danger shall be made as soon as possible by radiotelephone to–

(a) any ship in the vicinity of that serious danger; and

(b) the nearest Coast Radio Station with which the ship can communicate.

(6) A report under Subsection (5) shall consist of–

(a) the safety signal as detailed in the Instruction Card referred to in Section 129; and

(b) information as to the position and nature of the serious danger.

(7) The times at which reports are to be made under Subsection (4) shall be fixed by mutual arrangement between the master of the ship and the officer-in-charge of the Coast Radio Station with which the ship intends to communicate.

  1. INSTALLATION SITING.

A radiotelephone installation shall be positioned in a ship–

(a) as high as practicable in the ship; and

(b) in a position where there is the least disturbance of the operator by extraneous noise; and

(c) so that the compasses of the ship are not affected.

  1. HIGH VOLTAGE PARTS.

Where any part or wiring of a radiotelephone installation in a ship is, at any time, at any instantaneous voltage of more than 50 volts, that part or wiring shall be adequately protected.

  1. COMMUNICATION SYSTEM.

Where efficient communication cannot be carried out by voice alone, a ship shall have an efficient two-way means of communication that is independent of the main source of power between the–

(a) operating position; and

(b) navigating bridge.

  1. CLOCK.

A ship shall have a reliable clock that is securely mounted within the view of a person at the operating position of the radiotelephone installation.

  1. INSTRUCTION CARD.

(1) A ship shall carry a card of instructions giving a clear summary of the radiotelephone distress, urgency and safety, procedures of the ship.

(2) The card referred to in Subsection (1) shall be known as the Instruction Card.

(3) The Instruction Card shall be displayed within the view of a person at the operating position of the radiotelephone installation.

  1. REMOTE LISTENING SYSTEM.

Where the radiotelephone installation of a ship is installed in a place other than that from which the ship is normally navigated, there shall be in the place from which the ship is normally navigated a loud-speaker that is connected to the radiotelephone installation so that a listening watch may be maintained from the navigating position.

  1. REMOTE GAIN CONTROL.

Where a loud-speaker is connected to the radiotelephone installation of a ship under Section 130, there shall be a manual gain control at the loud-speaker so that, when adjusted to the minimum position, there will be an output from the loud-speaker of sufficient volume for an effective listening watch to be maintained.

  1. MAINTENANCE OF RADIO INSTALLATION.

A radiotelephone installation with which a ship is equipped in accordance with this Regulation shall be maintained so that, when the ship is at sea, it is capable of effectively transmitting and receiving radio signals.

  1. TOOLS.

A ship that is required by this Regulation to be equipped with a radiotelephone installation shall carry such tools and instruments as the Secretary determines.

  1. DOCUMENTS AND BOOKS.

A ship that is required by this Regulation to be equipped with a radiotelephone installation shall carry a copy of–

(a) the latest edition of the Handbook for Radiotelephone Shipstation Operators; and

(b) where the ship is proceeding, or about to proceed, on an international voyage–

(i) the latest edition of the Manual for Use by the Maritime Mobile Services; and

(ii) a current List of Coast Stations; and

(iii) a current List of Ship Stations.

  1. ADDITIONAL RADIO EQUIPMENT.

Any additional radio equipment that is–

(a) carried in a ship; and

(b) normally used in the business of the ship,

shall comply with the requirements of the Secretary.

  1. SURVIVAL CRAFT RADIO EQUIPMENT.

(1) A ship that is proceeding, or about to proceed, on an international voyage shall be equipped with a satisfactory–

(a) portable radio equipment for survival craft; or

(b) radio beacon.

(2) The equipment referred to in Subsection (1) shall be stowed on the ship in such a position that it can be readily placed in a lifeboat or liferaft in the event of an emergency.

Division 6.

Carriage of Dangerous Goods.

  1. REQUIREMENTS FOR PACKING, STOWAGE AND CARRIAGE OF DANGEROUS GOODS.

(1) The Safety Officer may determine the requirements for–

(a) the packing; and

(b) the stowage; and

(c) the marking; and

(d) the carriage,

of dangerous goods in a ship other than a Safety Convention Ship.

(2) A determination under Subsection (1) may include special requirements applicable to a ship in which passengers are carried.

  1. NOTIFICATION OF SHIPMENT OF DANGEROUS GOODS.

(1) Before dangerous goods are shipped in any ship, the shipper of those goods shall give notice to an officer of the Office of Transport at the port nearest to the port or place from which he intends that those goods shall be shipped.

(2) The notice referred to in Subsection (1) shall be in Form S.7.

(3) The notice given under this section shall–

(a) not refer to the dangerous goods by any trade name; and

(b) be given not less than 24 hours before the goods are shipped.

(4) A person who gives a notice under this section that is false or misleading is guilty of an offence.

Penalty: A fine not exceeding K100.00.

  1. SURVEYORS’ INSPECTION OF DANGEROUS GOODS.

(1) Where dangerous goods are being packed for shipment in a ship a surveyor may inspect the ship or the place at which the dangerous goods are being packed.

(2) In making an inspection under Subsection (1), a surveyor shall have regard to the safe packing, stowage, marking or carriage of dangerous goods.

Division 7.

Musters and Drills.

  1. INTERPRETATION OF DIVISION 7.

In this Division, “ship” does not include a Safety Convention ship.

  1. MUSTERS.

(1) At least once in every calendar month, the master of the ship must–

(a) cause the crew to be mustered; and

(b) inspect the lifesaving and fire appliances of the ship.

(2) When a ship leaves a port carrying passengers, the master of the ship must cause each passenger–

(a) to be mustered; and

(b) to be informed of the–

(i) emergency signal referred to in Section 144; and

(ii) method of use of lifejackets; and

(iii) positions for embarkation into lifeboats and liferafts; and

(c) to be made aware of the instruction cards referred to in Section 143.

(3) A passenger on a ship who, when ordered by the master of the ship, or by a person acting with the authority of the master, to attend a muster, refuses, or fails without reasonable cause, to attend the muster, is guilty of an offence.

Penalty: A fine not exceeding K20.00.

(4) A muster under this section shall be carried out in the manner required by the Safety Officer.

(5) The master of a ship must cause a record of all musters and inspections required by this section to be carried out to be entered in the Deck Log Book of the ship.

(6) A master of a ship who fails to comply with a requirement of this section is guilty of an offence.

Penalty: A fine not exceeding K100.00.

  1. DRILLS.

(1) The master of a ship must cause a boat drill and a fire drill to be carried out on the ship concurrently with the muster required to be held under Section 141(1).

(2) At least once in every period of four months the master of a ship must cause each lifeboat of the ship to be–

(a) swung out to its full extent; and

(b) lowered to the water with a launching complement.

(3) The master of a ship must cause a fire drill under Subsection (1) to be so held that at least once in every period of four months each item of fire fighting equipment is examined or tested as specified by the Safety Officer.

(4) A drill under this section must be–

(a) so arranged that the crew fully understand and are practised in the duties they have to perform in the event of an emergency; and

(b) carried out in the manner required by the Safety Officer.

(5) The master of a ship must cause all drills carried out under this section to be entered in the Deck Log Book of the ship.

(6) A master of a ship who fails to comply with a requirement of this section is guilty of an offence.

Penalty: A fine not exceeding K100.00.

  1. INSTRUCTION CARDS.

(1) Where a ship carries an inflatable liferaft, there shall be displayed in a prominent position on the ship an instruction card giving clear and simple directions for launching the liferaft.

(2) There shall be displayed in a prominent position on a ship an instruction card giving clear and simple directions for the use of lifejackets.

  1. EMERGENCY SIGNAL.

(1) A ship that is required by this Regulation to be fitted with a General Alarm Bell shall have an emergency signal.

(2) The emergency signal referred to in Subsection (1) shall consist of a succession of not less than seven short rings followed by one long ring.

Division 8.

Safety on Board and Safe Working Practices.

  1. CODE OF SAFE WORKING PRACTICES.

(1) The Safety Officer may issue a Code of Safe Working Practices for use on board ships.

(2) The–

(a) owner and master of; and

(b) employer of any person working on,

the ship shall ensure that, as far as is practicable and reasonable, the provisions of the Code of Safe Working Practices are complied with in respect of operations and activities on board, or associated with, the ship.

  1. MARKING OF WEIGHTS ON HEAVY PACKAGES.

(1) Subject to Subsection (2), where a package or object of 1,000 kg or more gross weight is carried on a ship, the package or object must, before being loaded onto the ship, be plainly and durably marked with marks denoting the gross weight of the package or object.

(2) Where the exact gross weight of the package or object referred to in Subsection (1) cannot be determined without exceptional difficulty, the package or object must be plainly and durably marked with marks denoting the approximate gross weight of the package.

(3) Where–

(a) a package or object is carried on a ship; and

(b) there has been a failure to comply with the requirements of Subsection (1) or (2),

the owner and master of the ship and the person shipping the object or package are each guilty of an offence.

Penalty: A fine not exceeding K100.00.

Division 9.

Deck Cargo and Other Hazardous Cargoes.

  1. DETERMINATION BY SAFETY OFFICER.

(1) The Safety Officer may determine the requirements for the carriage of deck cargo, and other hazardous cargoes, in a ship.

(2) In making a determination under Subsection (1), the Safety Officer shall have regard to–

(a) the stability of the ship; and

(b) the stowage of cargo in relation to–

(i) safety equipment; and

(ii) sounding pipes; and

(iii) freeing ports; and

(c) crew access for the working of the ship; and

(d) stowage in relation to the safe navigation of the ship; and

(e) the securing of the cargo; and

(f) stowage on hatches in the ship; and

(g) loading in relation to the structural strength of the deck; and

(h) the carriage of unberthed passengers; and

(i) condition of the cargo; and

(j) any other matter appearing to him to be relevant to the safety of the ship.

Division 10.

Exemptions.

  1. INTERPRETATION OF DIVISION 10.

In this Division, “ship” does not include a Load Line Convention Ship or a Safety Convention Ship.

  1. EXEMPTIONS BY SAFETY OFFICER.

Where the Safety Officer is satisfied that it would be unreasonable or impracticable to apply a requirement of this Part to a ship, or to a class of ship, he may, subject to such conditions (if any) as he thinks fit, exempt the ship, or the class of ship, from compliance with that requirement.

PART VII. – PASSENGERS.

  1. INTERPRETATION OF PART VII.

In this Part, “ship” means a ship to which Part V of the Act is expressed to apply by Section 100 of the Act.

  1. NUMBER OF BERTHED PASSENGERS TO BE CARRIED.

The number of berthed passengers carried on board a ship shall not exceed the number approved by the Safety Officer.

  1. NUMBER OF UNBERTHED PASSENGERS TO BE CARRIED.

(1) In this section–

“clear deck space” means a space on, or above, the weather deck of a ship being a space–

(a) which is not an enclosed space; and

(b) on which cargo, stores or equipment are not permitted to be carried; and

(c) that, subject to Section 153(4)(a), does not include hatchways; and

(d) that is not used in the navigation of the ship; and

(e) the use of which would not obscure the vision of the crewmen navigating the ship; and

(f) that does not include the area required to provide a fore and aft gangway having a width of 1m;

“weather deck” means the lowest deck in the ship, all or part of which is exposed to weather and sea.

(2) Subject to Subsection (3), the maximum number of unberthed passengers permitted to be carried on board a ship shall equal the whole number of square metres of clear deck space on the ship.

(3) Where, in the opinion of the Safety Officer, any person carried on board a ship would because of–

(a) the construction of the ship; or

(b) the trade in which the ship is, or is intended to be, engaged; or

(c) any other reason,

be endangered, he may require that a lesser number of unberthed passengers be carried on the ship than would otherwise have been permitted under Subsection (2).

(4) The Safety Officer shall endorse on the safety certificate of a ship the maximum number of unberthed passengers permitted under Subsections (2) and (3) to be carried on the ship.

(5) Notwithstanding any endorsement under Subsection (4) on the safety certificate of a ship the Safety Officer may, having regard to–

(a) the nature of a particular voyage; or

(b) particular weather conditions; or

(c) the particular cargo carried on the ship; or

(d) any other circumstance,

require in writing that, in respect of a particular voyage, a lesser number of passengers than the maximum number endorsed on the safety certificate be carried on the ship.

(6) Where a ship carries a greater number of unberthed passengers than is permitted under this section the owner and the master of the ship are each guilty of an offence.

Penalty: A fine not exceeding K300.00 and in addition a fine not exceeding K10.00 for each unberthed passenger in excess of the number permitted to be carried.

  1. CARRIAGE OF UNBERTHED PASSENGERS.

(1) Where–

(a) an unberthed passenger is carried on or above the weather deck of a ship; and

(b) the deck on which the unberthed passenger is carried is of metal construction,

the deck on which the unberthed passenger is carried shall be sheathed.

(2) Where deck space on or above the weather deck is allotted for the carriage of an unberthed passenger–

(a) the deck space so allotted shall be covered with an awning of a height of not less than 2 m; and

(b) side screens shall be provided where necessary so as to give adequate protection from sun and weather.

(3) An unberthed passenger shall not, without the written consent of the Safety Officer, be carried in a ship–

(a) on a space over a hatchway; or

(b) in an enclosed space.

(4) Where the Safety Officer gives his consent under–

(a) Subsection (3)(a), the hatchway shall be deemed to be part of the clear deck space of the ship; and

(b) Subsection (3)(b), he shall specify the maximum number of persons to be carried in the space.

(5) Deck cargo carried on a ship shall be so secured and stowed that there is–

(a) no danger to any unberthed passenger; and

(b) continued free access to the sanitary facilities on the ship.

  1. PASSENGER HOSPITAL ACCOMMODATION.

(1) A ship that is–

(a) carrying 30 or more passengers; and

(b) engaged in a voyage, other than a Papua New Guinea Voyage–

(i) of a duration of more than 750 nautical miles; or

(ii) where more than three days are likely to elapse between consecutive ports,

shall have passenger hospital accommodation.

(2) The passenger hospital accommodation of a ship shall be situated so that–

(a) it is readily accessible; and

(b) the passengers may receive proper attention when required.

(3) The arrangement of–

(a) the entrance; and

(b) the berths; and

(c) the lighting; and

(d) the ventilation; and

(e) the heating; and

(f) the water supply,

of the passenger hospital accommodation of a ship shall be designed so as to ensure the comfort and to facilitate the medical treatment of passengers.

(4) The number of berths required in the passenger hospital accommodation of a ship shall be determined by the Safety Officer.

(5) The passenger hospital accommodation on a ship shall–

(a) be reserved for the exclusive use of passengers on the ship; and

(b) not be used for other than medical or surgical purposes.

  1. SALE AND CONSUMPTION OF ALCOHOLIC LIQUOR.

(1) Subject to Subsection (3) the owner or master of a ship on which alcoholic liquor is made available to a person is guilty of an offence.

Penalty: A fine not exceeding K200.00.

(2) Subject to Subsection (3), a person who, while a passenger on a ship–

(a) acquires; or

(b) consumes,

alcoholic liquor on board the ship, is guilty of an offence.

Penalty: A fine not exceeding K50.00.

(3) The Safety Officer may, subject to such conditions (if any) as he thinks fit, exempt a ship, or a class of ship, from the requirements of Subsections (1) and (2).

  1. OBSTRUCTION OF CREW BY PASSENGERS.

A passenger on a ship who wilfully does, or causes to be done, anything in such a manner as to–

(a) obstruct or injure any part of the ship or of the equipment of the ship; or

(b) obstruct, impede or molest a crewman in the performance of his duty on or about the ship,

is guilty of an offence.

Penalty: A fine not exceeding K50.00.

  1. MISCELLANEOUS OFFENCES BY PASSENGERS.

(1) A passenger on a ship who–

(a) by reason of being drunk, under the influence of drugs or disorderly, has lawfully been refused admission to the ship and, having been refused admission to the ship, attempts to board the ship; or

(b) being drunk, under the influence of drugs, or disorderly, is lawfully requested to leave the ship at any port or place at which he can conveniently do so and does not so leave the ship; or

(c) after having been warned by the master of the ship, or by a person authorized by the master, molests any other person on the ship; or

(d) after having been refused admission into the ship by the owner, or by the master or by a person authorized by the master by reason of there being insufficient room on the ship, attempts to enter the ship; or

(e) having gone on board a ship at any place and, having been requested by the owner or by the master or by a person authorized by the master or by an officer of the Department responsible for merchant shipping matters to leave the ship because there is insufficient room on the ship, does not so leave the ship,

is guilty of an offence.

Penalty: A fine not exceeding K100.00.

  1. EXEMPTIONS.

The Safety Officer may, subject to such conditions (if any) as he thinks fit, exempt a ship or a class of ship from compliance with any requirement of this Part.

PART VIII. – FEES.

  1. SURVEY FEES.

(1) The owner of a ship shall on the first grant of a safety certificate under Section 70 of the Act, and, where the safety certificate remains in force, on the expiration of each subsequent period of 12 months after the date of grant of the safety certificate, pay the survey fees specified in Schedule 7.

(2) The survey fees payable under Subsection (1) are, in the case of the part of the ship specified in Column 1 of Schedule 7 as specified in Column 2 of that Schedule.

SCHEDULE 1

PAPUA NEW GUINEA.

Merchant Shipping Act 1975.

Form 1 – APPLICATION FOR SURVEY OR INSPECTION.

Act, Sec. 69(1). Form S.l.Reg., Sec. 9(1).

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PAPUA NEW GUINEA.

Merchant Shipping Act 1975.

Form 2 – REPORT BY SURVEYOR ON COMPLETION OF SURVEY OR INSPECTION.

Act, Sec. 70(1). Form S.2.Reg., Sec. 10.

9999_242G_SI_2001070100000001.png

PAPUA NEW GUINEA.

Merchant Shipping Act 1975.

Form 3 – REPORT AND DECLARATION BY SURVEYOR ON COMPLETION OF PARTIAL SURVEY OR INSPECTION.

Act, Sec. 70(1). Form S.3.Reg., Sec. 11.

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PAPUA NEW GUINEA.

Merchant Shipping Act 1975.

Form 4 – DECLARATION BY SURVEYOR ON COMPLETION OF SURVEY OR INSPECTION.

Act, Sec. 70(2) Form S.4.Reg., Sec. 12.

9999_242G_SI_2001070100000003.png

PAPUA NEW GUINEA.

Merchant Shipping Act 1975.

Form 5 – SURVEY MASTER SHEET.

Act, Sec. 68. Form S.5.Reg., Sec. 13(1).

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PAPUA NEW GUINEA.

Merchant Shipping Act 1975.

Form 6 – PAPUA NEW GUINEA SURVEY CERTIFICATE.

Reg. Sec. 16. Form S.6.

9999_242G_SI_2001070100000009.png

PAPUA NEW GUINEA.

Merchant Shipping Act 1975.

Form 7 – NOTICE OF INTENTION TO SHIP DANGEROUS GOODS.

Act, Sec. 89. Form S.7.Reg., Sec. 138(2).

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SCHEDULE 2 – DECK LINE MARKS, LOAD LINE MARKS AND MARKS OF ASSIGNING AUTHORITY.

Act, Sec. 90.Reg., Sec. 55(2).

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SCHEDULE 3 – TABULAR FREEBOARD FOR SHIPS OF LESS THAN 24 METRES IN LENGTH.

Act, Sec. 93.Reg., Sec. 63(1).

Length of ship in metres:
Tabular freeboard in millimetres:
10 to 15
125
16
133
17
142
18
150
19
158
20
167
21
175
22
183
23
192
24
200

SCHEDULE 4 – GENERAL LIFESAVING APPLIANCES.

Act, Sec. 89.Reg., Sec. 87(1).


Length of ship in metres.
General lifesaving appliances.
10 or more and less than 20.
20 or more and less than 30.
30 or more and less than 50.
50 or more.
Lifebuoys (with self igniting light)
1
2
2
4
Lifebuoys (with buoyant line)
1
2
2
2
Lifebuoys (other)
2
2
Parachute distress rockets
2
2
4
6
Line throwing apparatus
1 set
2 rockets
2 lines
Torches/handlamps
2
4
6
8

SCHEDULE 5 – MARKING OF LIFE SAVING APPLIANCES.

Act, Sec. 89.Reg., Sec. 88(1).

Appliance.
Required markings.
Lifeboats
Dimensions, cubic capacity and carrying capacity to be clearly and permanently marked. Name and port of sub-registry of ship to be clearly painted on each side of stem of each lifeboat.
Rigid Liferafts
Carrying capacity to be clearly and permanently marked.
Inflatable Liferafts
Name and serial number of manufacturer to be clearly and permanently marked. Carrying capacity to be clearly and permanently marked on each inflatable liferaft and on the valise or other container in which each inflatable liferaft is contained.
Lifebuoys
Name and port of sub-registry of ship to be clearly painted on each lifebuoy.
Lifejackets
Name or identification of manufacturer to be clearly and indelibly marked on one side of each lifejacket. Each lifejacket to be marked with clear instructions–

(a)
for donning; and

(b)
whether suitable for wear by adults and/or children.
Rescue Boats
Name and port of sub-registry of ship to be clearly painted on each rescue boat.

SCHEDULE 6 – COMPULSORY RADIO REPORTS–PRESCRIBED REPORTING AREA.

Act, Sec. 79(3).Reg., Sec. 124(2).



Latitude.
Longitude.
From:

3°40’N
141°00’E
to:

10°35’S
141°00’E
to:

10°00’S
145°00’E
to:

12°00’S
145°00’E
to:

12°00’S
155°00’E
to:

14°00’S
155°00’E
to:

14°00’S
163°00’E
to:

10°00’S
170°00’E
to:

3°40’N
170°00’E
to:

3°40’N
141°00’E

SCHEDULE 7 – [1]FEES.

Act. Sec. 99Reg. Sec. 125

Column 1
Column 2
Part of the Ship
Fees for each metre, or part of a metre, of the length of the ship

Hull

K 7.00

Machinery

K 7.00

Load Line

K 5.00

Equipment

K 5.00

Radio

K 4.00

Office of Legislative Counsel, PNG


  1. [1]Schedule 7 amended by No. 9 of 1983; replaced by the Merchant Shipping (Safety) (Amendment) Regulation 1998 (No 21 of 1998).


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