WORLD MARITIME UNIVERSITY
Malmo, Sweden
MARITIME ADMINISTRATION IN BURMA
by
Soe Lwin
BURMA
A paper submitted to the Faculty of the World Maritime University in partial satisfaction of the requirements for the award of a
MASTER OF SCIENCE DEGREE
in
MARITIME SAFETY ADMINISTRATION (NAUTICAL)
The contents of this paper reflect my personal views and are not necessarily endorsed by the UNIVERSITY.
Signature
Date 1989
Supervised and assessed by:
Professor P. S. Vanchiswar
Professor, World Maritime University
Co-assessed by:
Captain G. S. Singh
Visiting Professor, World Maritime University and Maritime Advisor (INDIA)
Note: Term Burma in this study paper construe to mean Myanmar, as the Government of the country has decided to change the name to reflect the correct pronunciation. This study paper was prepared beforehand.
ACKNOWLEDGEMENT
I am greatly indebted Professor P. S. Vanchiswar for his encouragement, support in preparing this study paper.
And I owe my sincere thanks and appreciation to:
− Captain G. S. Singh for co-assessing my study paper.
− the Director General U Maung Maung Lay for sending me here for the studies.
− the Director General Dr. Tin Hlaing for sparing me from his office to study here.
− the entire staff of the Department of Marine Administration, Rangoon, Burma for providing necessary information in preparing this study paper.
− The Professors, visiting Professors, Lecturers for their precious lectures.
− the Programme Officer Mr. B. Wagner his assistance in using the computer.
− the entire staff of the World Maritime University for their invaluable assistance and encouragement.
− the students of '89 Class for their kinbd assistance.
− and special thanks to my colleague Capt. Soe Win for helping and taking care of my family whem I was at the World Maritime University.
DEDICATION
I would like to dedicate this study paper to my loving wife MAY SAN, my son THAR NI and my daughter MA POO for their patience and understanding and for withstanding their very difficult times they encountered during the period I was at the World Maritime University.
INTRODUCTION
The basic functions of a Maritime Administration should be to implement policy and at the same time, to assist policy makers in developing a maritime policy. A number of policy instruments may be required to implement the national maritime policy, the nature of such instruments may vary according to the subject of the decision to be effected. The development of the maritime legislation may be influenced by a large number of international conventions, agreements, and practices in existence which will have an impact on a country's maritime legislation. This arises because shipping is an international activity and a Government could harm its maritime industry by exposing it to a legal regime which substantially differ from that which is generally accepted in the world. This is especially true with regard to technical, nautical and safety aspects of shipping and secondly the specific economic circumstances of a country may require that legislation in the field of shipping and maritime activities be developed in the interest of national economic policy. Such legislation does not necessarily have to be in accordance with legislation that has been developed elsewhere. However, if national legislation is substantially different from foreign legislation, conflicts could arise between States as a result of application of different legal regimes to their respective shipping interests. From the above the conclusions may be drawn with respect to legislative work by Maritime Administration as:
a wide knowledge of international conventions, agreements and legal practices is required to keep national legislation in line with international practices;
the personnel of an administration concerned with legislative work should be aware of national policies and interests;
in drawing up legislation, the administration should be aware of possible conflicts with foreign or national interests which may arise from the introduction of national legislation;
policy makers should be advised as to consequences;
if it is likely that the introduction of legislation may lead to conflicts with other States, it may be necessary to consult directly affected trade partners before actually introducing such legislation.
So far a distinction has been made between technical, nautical, economic and safety aspects of shipping, but it will often be difficult to maintain such a distinction in actual practice, for instance international standards require vessels to be fitted out with certain costly equipment, and this has economic consequences. The same applies to such subjects as registration, manning regulations and safety measures. Consequently, an administration which is faced with legislative work, officials concerned with such areas should be aware of the economic and other implications of actually introducing legislation in these fields. It should be noted that such consciousness can only be achieved if close working relations are established between units of an administration which are entrusted with legal work and units dealing with technical, nautical, safety, economics and political aspects of shipping. From an observation of the above it would be obvious that the work within a Maritime Administration especially the legislative work, should not be carried out in isolation from work in other divisions.
CHAPTER 1
CONSTITUTIONAL / STATUTORY POSITION AS REGARDS
RESPONSIBILITY FOR MERCHANT SHIPPING AND PORTS
1.1 ROLES OF MARITIME ADMINISTRATION
The primary roles of the Maritime Administration would also have to be both developmental and regulatory. The developmental roles contribute directly to maritime development and the regulatory roles also contribute to such development and economic advantages consequentially. The developmental roles can take the form of participation in the process of formulating the policy of the Government as regards maritime development and deciding upon the activities to be undertaken in connection with such development. Whereas the regulatory roles are expected to ensure, in the main.
- safety of lives, ships and property; and
- protection of the marine environment.
1.1.1 Safety: The safety of any ship must largely depend upon the adequacy of its construction, maintenance and equipment. Furthermore, safety depends on the observance of proper procedures for navigation such as routing schemes, on proper standards and procedures for the safe handling and storage of dangerous goods, bulk cargoes and on an efficient and competent crew to handle the ship and its cargoes.
1.1.2 Load line: The limitation on the draught to which a ship may be loaded could make a significant contribution to its safety. These limits are given in the form of freeboards. The freeboard of a ship is an essential safety feature in providing reserve buoyancy, minimizing the effect of water coming on deck and contributing to the stability of the ship.
1.1.3 Tonnage measurement: The "word" tonnage is the term used to give an indication of the ship's size. In the world of shipping, it means for most purposes capacity rather than weight. Indeed, over the last century, the term "tonnage" has come to be associated with the ship's internal volume rather than weight, and these guide lines are concerned with capacity tonnage.
1.1.4 Registration of ships: Registration of the ship is an administrative act by which nationality is attributed to a ship by a State. A ship registered by a state in accordance with the requirements of its law, is placed on the shipping register of the State.
1.1.5 Protection of marine environment: Ships have always used the waters on which they navigate to dispose of their operational waste, such as garbage, sanitary waste, sludge, oil residues, dirty ballast and tank washes. At present most of the safety provisions and pollution prevention / control provisions are the fruits of the international conventions, through which the maritime administration of the maritime nations have made this branch of the law more or less uniform, prompted by humanitarian motives and realization that without international standards real safety and environment protection could not be achieved.
1.2 MERCHANT SHIPPING
In Burma, merchant shipping is under the charge of Department of Marine Administration which is a branch department of Ministry of Transport and Communication. The Director General of the Department of Marine Administration has been delegated power to enable him to perform effectively the various functions under the Burma Merchant Shipping Act, Burma Registration of Ships Act and various notifications related to the shipping matters, which include registration of ships, measuring of tonnages of new building, surveying and issuing of safety certificates, and conducting of examination of seafarers. Burma has about (750) nautical miles of coast line and four major shipping ports. Apart from the sea going vessels, the Department of Marine Administration is also responsible for the inland vessels plying in the rivers, and the "Inland Steam Vessel Act" is applied to those vessels. As the objective of the marine administration is that to provide the Government with the machinery which would enable it to satisfactorily and efficiently undertake those functions within the framework of a country's overall maritime activities and also which are to be embodied within the country's Merchant Shipping legislation, the Department of Marine Administration carries out the following operational functions:
(a) General superintendence
(b) Registration of ships
(c) Surveys, inspections and certification of ships
(d) Inspection and detention of unseaworthy ships
(e) Conducting examinations for the certificates of Competency for seafarers
(f) Conducting inquiries, investigations into shipping casualties
(g) The adoption and implementation of International Maritime Conventions
(h) Wrecks
(i) Registration of seamen
(j) Employment of seamen
(k) Advice to the Government on maritime matters.
Regarding the registration, surveys and inspections of ships, according to the nature of trade, construction, the Department of Marine Administration has categorized the classes of the ship as:
(1) Foreign going ships
(2) Home trade ships
(3) Non conventional ships/coastal ships
(4) Wooden ships of primitive build
(5) Fishing vessels
(6) Inland vessels of over 30 feet in length
(7) Inland vessels of under 30 feet in length.
1.3 PORTS
Burma Ports Corporation is an organization under the Ministry of Transport and Communication and carries out the roles and functions according to the Ports Act and Bye laws. Burma Ports Corporation's operational functions are:
(1) providing pilotage service
(2) maintenance of lighthouses, light vessels and light buoys
(3) cargo handling, such as providing stevedores, equipments etc...
(4) providing agency services to visiting ships
(5) maintenance of berths
(6) dredging harbours, berthing areas, fairways and approaches
(7) health division of the Burma Ports Corporation, provides the issuance of Deratting / Deratting Exemption certificates; and
(8) other various matters relating to the ports.
1.4 INLAND WATER TRANSPORT CORPORATION
The Inland Water Transport Corporation is an organization under the Ministry of Transport and Communication and is responsible for providing the inland water transportation services for passengers and cargoes. The Waterways Department is an organization also under same Ministry which is responsible to look after the inland waterways such as fairways and navigational marks.
1.5 DEPARTMENT OF MARINE ADMINISTRATION'S ROLE WITH PORTS AND INLAND WATER TRANSPORTATION
The ports and inland waterways are for the use of ships and there are marine services to be rendered by the both parties. Since marine personnel and marine craft are involved in the uses, so the safety of ships and safety of ports and inland waterways are inter linked. The Department of Marine Administration is providing two roles in this case, such as developmental and regulatory roles.
1.5.1 Developmental roles
(a) Advice and assistance in the assessment of suitability of ports for the intended ships, from the safety point of view such as navigation, shiphandling, anchorage and berthing needs for ships carrying dangerous goods, handling of dangerous goods and grain cargoes.
(b) Assessment and development of the man power needs of the port, and inland water transport as regards marine personnel such as pilots, marine engineers and marine personnel for the craft.
(c) Assistance in the identification and procurement of tugs for fire fighting and for rescue services.
1.5.2 Regulatory roles
(a) Registration of port / inland craft.
(b) Surveys / inspections and certification of port / inland craft.
(c) Statutory control over wrecks in port.
(d) Inquiries / investigations into shipping casualties including those in port/inland areas.
(e) Ensuring the participation of the port in the combating of marine pollution accidents/incidents.
The Department of Marine Administration is always trying to be in the best position to harmonize and co ordinate the approaches, planning, developments and allied operations of the relevant port / inland matters within its competence and obligations between the parties concerned.
CHAPTER 2
STATUS OF PRESENT MARITIME LEGISLATION, FUNCTIONS AND
ACTIVITIES OF THE DEPARTMENT OF MARINE ADMINISTRATION
2.1 THE BURMA MERCHANT SHIPPING ACT
The present primary maritime legislation, which is the Burma Merchant Shipping Act, is based mainly on the British Merchant Shipping Act 1894, with some amendments.
2.2 THE OBJECTIVES
The Maritime Administration is the specialized executive arm of a government, the objective is to implement the regulatory functions embodied in the maritime legislation, especially those pertaining to the registration of ships, maritime safety, marine personnel, maritime casualty investigations and protection of the marine environment.
2.3 DEPARTMENTAL LAYOUT, FUNCTIONS AND ACTIVITIES
There are four main divisions in the Department of Marine Administration namely:
(a) Director General's office
(b) Nautical division
(c) Engineering division
(d) Seamen Employment Control division.
2.3.1 Director General's office: Director General's office consists of the following branches:
(a) Administration
(b) Accounts
(c) Government launches section
(d) Superintending Engineer for Upper Burma, stationed at Mandalay in Upper Burma, which also has one small dockyard for inland vessels
(e) Government dockyard in Rangoon
(f) District offices in Akyab, Bassein, Moulmein, Tavoy and Mergui
The Director General's office's main task is to supervise the divisions in implementing the shipping policy adopted by the Government.
2.3.2 Nautical division – Functions:
(a) Registration of ships, including foreign going ships, home trade ships, coastal ships, wooden primitive builds, fishing vessels and the temporary registration of ships owned by non national under the bareboat charter basis.
(b) Conducting the surveys and issuing the Certificates for the safety equipment on the cargo and passenger ships.
(c) Conducting the surveys of (special trade) passenger ships and issuing relevant safety certificates.
(d) Conducting the examinations for the Certificates of Competency as Master, First Mate, Second Mate of foreign going ships and Master and Mate of home trade ships.
(e) Conducting the examinations for the inland marine (nautical) personnel.
(f) Checking the statutory certificates of the visiting ships so as to enable issue of the port clearance.
(g) Conducting inquiries / investigations into shipping casualties.
(h) Inspection of wooden primitive builds.
(i) Inspection of the loading of dangerous goods on national ships, inland vessels and visiting ships when necessary.
(j) The Radio Inspector, under the Nautical division inspects the shipborne radio station, and equipments for the issue of the safety radio telegraphy/telephony certificate.
(k) Registration of seamen.
(l) Supervising the opening and closing of ship's articles of agreement (contract of employment) between the Master (on behalf of owners) and the crew of the national ships.
2.1.1 Engineering division – Functions
(a) Registration of inland vessels.
(b) Conducting the survey and issue of the load line certificate.
(c) Conducting the survey and issue of the safety construction certificate.
(d) Measuring the tonnage and issue of the tonnage certificate.
(e) Inspection of inland vessels.
(f) Inspection of the proposed plans for new constructions.
(g) Conducting the examinations for the Certificates of Competency as First Class and Second Class Engineers.
(h) Inspection of inland vessels for carriage of dangerous goods according to Burma Explosive Manual and Burma Petroleum Act.
(i) Conducting the examinations for the inland marine (engineering) personnel.
(j) Conducting inquiries / investigations into shipping casualties.
(k) The Naval Architect under the Engineering division is responsible for participating in the stability tests and for checking the sub divisions and proposed plans.
2.3.4 Seamen Employment Control division
The main task for the Seamen Employment Control division is to promote the employment of national seafarers both in national ships and foreign ships. The functions in brief are:
- to contact foreign shipping companies for crew employments.
- keeping the systematic rankwise rosters of the registered seamen.
- protecting the entitlements of the seamen.
- arranging the selection of the seamen upon the request of the shipping companies.
- making agreements with the shipping / manning companies regarding the terms and conditions of work and entitlements.
- observing the world shipping employments situation.
- assisting the seamen for his departure/arrival formalities.
- arranging the disbursement of family allotments.
CHAPTER 3
QUALIFICATIONS AND EXPERIENCE STIPULATED FOR OFFICERS IN
DEPARTMENT OF MARINE ADMINISTRATION, STATUTORY DUTIES
REQUIRED TO BE PERFORMED AND NUMBER OF MARINE OFFICERS IN
ADMINISTRATION
3.1 QUALIFICATIONS AND EXPERIENCE
3.1.1 Director General
The Director General is the highest authority in the Department of Marine Administration and should possess the following qualifications and experience:
(a) Extra Master's Certificate of Competency (or) Extra First Class Engineer's Certificate of Competency (or) Master (Foreign going) Certificate of Competency with a degree in Maritime studies (or) First Class Engineer's Certificate of Competency with a degree in Marine Engineering or Naval Architecture.
(b) Must have served at least (1) year as Master or Chief Engineer of merchant ship's engaged in international trade.
(c) Must have served at least (3) years as Nautical / Engineer surveyor.
3.1.2 Director (Nautical Surveys)
(a) Extra Master's Certificate of Competency (or) Master (Foreign going) Certificate of Competency with a degree in Maritime studies.
(b) Must have served at least (1) year as Master of merchant ship's engaged in international trade.
(c) Must have served at least (3) years as Nautical surveyor.
3.1.3 Nautical Surveyor
(a) Extra Master's Certificate of Competency (or) Master (Foreign going) Certificate of Competency with a degree in Maritime studies, which may be substituted by other evidence of professional ability.
(b) Must have served at least (1) year as Master of merchant ship's engaged in international trade.
3.1.4 Director (Engineer Surveyor)
(a) Extra First Class Engineer's Certificate of Competency First Class Engineer's (Steam or Motor) Certificate of Competency with a degree in Marine Engineering or Naval Architecture.
(b) Must have served at least (4) years as watchkeeping Engineering and out of which (1) year must be as Chief Engineer of merchant ship's engaged in international trade.
(c) Must have served at least (3) years as Engineer surveyor.
3.1.5 Engineer Surveyor
(a) Extra First Class Engineer's Certificate of Competency First Class Engineer's (Steam or Motor) Certificate of Competency with a degree in Marine Engineering which may be substituted by other evidence of professional ability.
(b) Must have served at least (4) years as watchkeeping Engineering and out of which (1) year must be as Chief Engineer of merchant ship's engaged in international trade.
3.1.6 Naval Architect
(a) Must have a degree in Naval Architecture.
(b) Must have served at least (8) years as Naval Architect in recognized shipyard.
3.1.7 Radio Inspector
(a) First Class Post Master General Certificate of Competency as wireless operator or Second Class Post Master General Certificate of Competency as wireless operator with a diploma in electronics.
(b) Must have served at least (3) years with full charge as Radio operator of merchant ships engaged in international trade.
3.1.8 Shipping Officer
(a) First Mate (Foreign going) Certificate of Competency or Master (Home trade) Certificate of Competency.
(b) Must have served at least (2) years as Chief officer of merchant ships engaged in home trade.
3.2 STATUTORY DUTIES REQUIRED TO BE PERFORMED
3.2.1 Director General
(a) Accountable to the Minister for implementing the national shipping policies.
(b) General supervision of surveys, inspections, administration, examinations, inquiries, investigations, accounts and other maritime related matters.
3.2.2 Director (Nautical Surveys)
(a) In charge of the Nautical division.
(b) Supervising and assigning the duties to the Nautical Surveyors regarding:
(i) Surveys
(ii) Inspections
(iii) Examinations
(iv) Inquiries/investigations
(c) Reviewing and checking the survey records done by the Nautical Surveyors before issuing the appropriate certificate.
(d) Reviewing, assessing and making remarks on the inquiry and investigation reports submitted by the Nautical Surveyors.
(e) Participate in drafting new regulations concerning safety and nautical matters.
(f) Advise the Director General in preparation of rules and regulations relating to the maritime (nautical) affairs.
(g) Training of new Nautical Surveyors.
3.2.3 Nautical Surveyor (In charge of Shipping)
(a) Registration of ships.
(b) Participate in matters pertaining to the issues of Coastal and Inland craft licences and also reviewing the coastal and inland freight charges.
(c) Registration of seamen.
(d) Supervising the opening and closing of national ships' articles of agreement.
(e) Other duties assigned by the Director(Nautical Surveys).
3.2.4 Nautical Surveyor
(a) Surveys and inspections
(i) participate in testing and inspection of the equipments at the manufacturing firms for type approval.
(ii) surveys of safety equipments.
(iii) surveys of light and sound signals.
(iv) surveys of fire fighting appliances.
(v) surveys of passenger ships for "A" and "B" certificates.
(vi) survey of navigational equipments.
(vii) inspection of stowage of dangerous goods.
(viii) measuring of passenger spaces.
(ix) participate in drafting / reviewing the safetyregulations.
(b) Examinations.
(i) assessing the required sea time for the examination.
(ii) arranging /setting the examination papers.
(iii) supervising the examination.
(iv) corrections of examination answer papers.
(v) conducting the oral examinations.
(vi) conducting the eye sight test (letter and lantern).
(c) Inquiries/investigation.
(i) inquiries and investigations into shipping casualties such as fire accidents, collisions and groundings etc....
(ii) preliminary inquiries are conducted for the visiting ships.
(iii) inspections and inquiries regarding unseaworthy ships.
(iv) co ordination with the other departments in search and rescue operations.
(v) proper keeping of the casualties records.
(d) General
(i) checking the statutory certificates of ships including visiting ships for issuing port clearance.
(ii) other duties assigned by the Director (Nautical Surveys).
3.2.5 Director (Engineer Surveyor)
(a) In charge of Engineering division.
(b) Supervising and assigning duties to the Engineer Surveyors regarding:
(i) surveys,
(ii) inspections,
(iii) examinations, and
(iv) inquiries and investigations.
(c) Reviewing and checking the survey records done by the Engineer Surveyors before issuing the appropriate certificate.
(d) Reviewing, assessing and making remarks on the inquiry and investigation reports submitted by the Engineer Surveyors.
(e) Participate in drafting new regulations concerning safety and engineering matters.
(f) Advise the Director General in preparation of rules and regulations relating to the maritime engineering matters.
(g) Training of new Engineer Surveyors.
3.2.6 Engineer Surveyor
(a) Assessing of plans and drawings
(i) proposed plan/drawing of new constructions.
(ii) proposed machinery parts.
(iii) tonnage calculations.
(iv) measuring passenger spaces.
(v) freeboard calculations for assigning freeboard.
(vi) firefighting plan.
(vii) calculating the stability and sub divisions.
(viii) lifeboat and buoyant apparatus.
(b) Examinations
(i) assessing the required sea time for the examination.
(ii) arranging /setting the examination papers.
(iii) supervising the examination.
(iv) corrections of examination answer papers.
(v) conducting the oral examinations.
(c) Surveys and tonnage measurements
(i) survey of safety construction of both cargo and passenger ship.
(ii) load line surveys.
(iii) tonnage measurements and issue of certificates.
(iv) hull and machinery survey.
(v) inspection of inland vessels.
(vi) surveys of new construction.
(vii) participate in drafting / reviewing of the safety regulations.
3.2.7 Naval Architect
(a) To assess the speed, fuel consumption, passenger capacity cargo capacity, stability and sub divisions of the proposed plan / drawings submitted.
(b) To prepare, design and draw plans of the launches / crafts required by the department and other Governmental departments upon their request.
(c) Submitting the findings of the new construction to the Director (Engineer Surveyor).
(d) Additionally, the Naval Architect may be assigned the Engineer Surveyor's duties by the Director (Engineer Surveyor) when necessary.
3.2.8 Radio Inspector
(a) Inspection of the ship borne radio stations of the national ships and submit the report to the Director (Nautical Surveys) for issuing the appropriate certificate.
(b) Advise the Director (Nautical Surveys) regarding the new issues of International Telecommunication Union and other international organizations relating to the radio communication systems / procedures.
(c) Additional duties may be assigned by the Director (Nautical Surveys).
3.2.9 Shipping Office
(a) Accountable to the Nautical Surveyor (In charge of Shipping).
(b) Assisting the Nautical Surveyor (In charge of Shipping) in registration of ships, opening and closing of national ships' articles of agreement.
(c) Additional duties may be assigned by the Director (Nautical Surveys).
3.3 NUMBER OF OFFICERS IN THE DEPARTMENT OF MARINE ADMINISTRATION
At present the following numbers of marine officers are serving in the Department of Marine Administration:
(a) Director General 1
(b) Director (Nautical Surveys) 1
(c) Director (Engineer Surveyor) 1
(d) Nautical Surveyor (In charge of Shipping) 1
(e) Nautical Surveyor 2
(f) Engineer Surveyor 5
(g) Naval Architect 1
(h) Radio Inspector 1
(i) Shipping Officer 1
(j) Engineering Superintendent 1 (Upper Burma)
making total of (15) marine officers in the department.
CHAPTER 4
TRAINING OF GOVERNMENT SURVEYORS
4.1. TRAINING SYSTEM
The training of the Government surveyors in Burma is only through the "on the job" training, with occasional reliance on the classification societies for short courses and training of the Government Surveyors.
4.2. NEW SCHEME OF TRAINING
The necessary of the training required by the Government Surveyors for the Department of Marine Administration is now available at the "World Maritime University", based in Malmo, Sweden. The World Maritime University is one of the most exiting and ambitious projects ever undertaken by the International Maritime Organization. The purpose of the University is to provide advanced training for senior personnel from developing countries who are involved in various activities. Training of this type is normally not available in the developing countries and there is no comparable institution anywhere in the world. The World Maritime University will therefore fill an important gap in maritime training especially in safety matters for Surveyors and in the years to come will have a marked and beneficial effect on the two areas of greatest concern to the International Maritime Organization that is the improvement of maritime safety and the prevention of marine pollution from ships. International Maritime Organization recognizes that the improvement of personnel standards on shore and at sea is crucial if its regulations are to be effectively implemented.
Considerable progress has already been made towards improving training standards in the past. But these efforts have concentrated on training at relatively junior levels. The World Maritime University is the first international effort to provide training opportunities for personnel who have already reached positions of some authority, personnel in fact, who in the years to come will become responsible for the effective implementation of International Maritime Organization standards. The Article 2, of the Charter of the World Maritime University reads:
(a) The World Maritime University shall be the international maritime training institution for the training of senior specialist maritime personnel in various aspects of shipping and related fields concerning the improvement of maritime safety, the protection of the marine environment and the efficiency of international shipping, in furtherance of the purposes and objectives of the International Maritime Organization as a specialized agency of the United Nations.
(b) It shall be a fundamental objective of the University to provide the international maritime community, and in particular the developing countries, with a center for high level maritime training and an effective means for the transfer of maritime technology from the developed to developing maritime nations, with a view to promoting the achievement, globally, of the highest practicable standards in matters concerning maritime safety, efficiency of navigation and the prevention and control of marine pollution from ships.
Again Article 4 of the charter reads:
For the achievement of its objectives the University may:
(a) provide interested countries, and in particular developing countries, with the most modern and up to date facilities for the training of their high level national maritime personnel in all areas of shipping and related maritime activity including:
(i) teachers and instructors for maritime training institutions;
(ii) examiners for maritime certificates;
(iii) senior maritime administrators;
(iv) technical administrators and senior managerial personnel;
(v) marine accident investigators;
(vi) maritime surveyors;
(vii) specialists in naval architecture, marine science and technology and related disciplines;
(viii) technical port managers and related personnel.
(b) help to establish an internationally recognized cadre of experts in the major aspects of shipping, including visiting professors, lecturers, consultants and experts to provide suitable knowledge and assistance to developing countries and other governments as appropriate, on problems relating to maritime safety, efficiency of navigation and control of marine pollution; and
(c) help in developing a uniform international system for the training of experts in the maritime field as a means of facilitating and promoting international co operation in shipping and related maritime activities.
The World Maritime University is now fully meeting the necessary training requirements for the Government Surveyors and Maritime Safety Administrators from the developing countries and even from developed countries.
CHAPTER 5
SYSTEM FOR SURVEY AND INSPECTION OF SHIPS
5.1. RESPONSIBILITY
It is the responsibility of the flag State to ensure that ships flying its flag are constructed, equipped, and maintained to comply with the standards laid down in the international conventions which are usually part of the national maritime legislation.
5.2. SURVEYS AND INSPECTIONS
5.2.1. Convention ships
Convention ships, according to International Convention for the Safety of Life at Sea 1974, mean ships engaged on international voyages except:
(i) ships of war and troopships,
(ii) cargo ships of less than 500 tons gross tonnage,
(iii) ships not propelled by mechanical means,
(iv) wooden ships of primitive build,
(v) pleasure yachts not engaged in trade,
(vi) fishing vessels.
The International Convention for the Safety of Life at Sea 1974, the International Convention on Load Line 1966 and the International Convention for Prevention of Pollution from Ships 1973 / 78, contain provisions that ship must be surveyed during construction and periodically thereafter. The survey requirements in these Conventions vary according to the types of ships and items to be surveyed. Generally surveys include:
(a) Initial survey before the ship is put into service;
(b) Periodical survey once every 12 months in the case of a passenger ship and in the case of cargo ship at intervals specified by the maritime administration but in any case not exceeding five years;
(c) Additional survey as the occasions arise, example whenever any important repairs or renewals are made;
(d) Intermediate survey in addition to periodical surveys, a tanker of 10 years of age and over must undergo a minimum of one intermediate survey during validity of the Cargo Ship Safety Construction certificate;
(e) Unscheduled inspection to be carried out during the validity of the certificate. However, unscheduled inspection is not mandatory where provision is made for mandatory annual surveys.
Regulation 6 (a), Chapter I of the International Convention for the Safety of Life at Sea 1974, states: The inspection and the survey of ships, so far as regards the enforcement of the provisions of the present regulations and the granting of exemptions therefrom, shall be carried out by officers of the Administration. The Administration may, however entrust the inspections and surveys either to surveyors nominated for the purpose or to organizations recognized by it.
Nautical Surveyors from the Department of Marine Administration in Burma carry out the following surveys / inspections:
(i) Passenger ship lifesaving appliances, lights and sound signals and firefighting equipments survey, as a part of survey enabling to issue the Passenger Ship Safety Certificate;
(ii) Cargo Ship Safety Equipment survey which includes life saving appliances, fire fighting equipments, lights and sound signals and the stability data / information of the ship, so as to issue the Cargo Ship Safety Equipment Certificate;
(iii) Survey of special trade passenger ships prior to departure, as enabling to issue "B" certificate;
Engineer Surveyors from the Department of Marine Administration in Burma carry out the following surveys / inspections:
(i) Passenger ship hull and machinery as a part of survey enabling to issue the Passenger Ship Safety Certificate;
(ii) Cargo ship hull and machinery, electrical equipments, enabling the Department to issue the Cargo Ship Safety Construction Certificate.
5.2.2. Conventions Adopted
Burma has ratified the following International Conventions:
(i) International Convention for the Safety of Life at Sea 1974 [SOLAS 74], 1978 Protocol, 1981 and 1983 amendments.
(ii) International Convention on Load Line 1966 as amended.
(iii) International Convention on Tonnage Measurement 1969.
(iv) International Convention for the Prevention of Pollution from ships 1973 / 78 [MARPOL 73/78]
(v) Convention on International Regulations for Preventing Collisions at Sea 1972 [COLREG 72].
(vi) International Convention on Standards of Training, Certification and Watchkeeping for seafarers [STCW 78]
5.2.3. Port State Control
Long before the birth of the conventions' requirements, the Burma Merchant Shipping Act has had a section regarding the control system. The section 224F of the Act reads "Inspection and control of ships not registered in the Union of Burma" and that is to mean that the inspection and control of the visiting ships. As the shipping and maritime technologies are advancing the Department of Marine Administration needs to modify the procedures of the control in line with the convention requirements. Although it is the responsibility of the flag States to ensure that ships flying their flags always comply with the provisions of the Conventions which they are adopted, it may sometimes be difficult for flag States to exercise full and continuous control over these ships. In order to supplement these functions of flag States, the International Convention for the Safety of Life at Sea 1974, the International Convention on Load Line 1966 and International Convention for the Prevention of Pollution from ships 1973 / 78, provide for certain procedures for the control of ships to be exercised by port State. Procedures for the control of ships and certificates laid down in these Conventions, supplemented by schemes developed by the International Maritime Organization to implement the Convention requirements, can be summarized as follows:
(i) valid certificates issued under the relevant Conventions may be accepted by the port States as prima facie evidence that the ship complies with the Convention requirements;
(ii) if a certificate has expired or ceased to be valid or if there are clear grounds for believing that the ship is deficient or sub standard, then the port State control officer investigates the conditions of the ship, in co operation with the classification society to which the ship is classed, as necessary, rectify such deficiencies at least to the extent that the ship can safely proceed to sea or to an appropriate repair yard;
(iii) when the above action is taken by the port State, the diplomatic representative of the flag State is duly informed.
5.2.4. Non convention ships
The International Convention for the Safety of Life at Sea 1974 does not apply to the cargo ships of under 500 tons gross tonnage and the International Convention on the Load Line does not apply to the ships of less than 150 tons gross tonnage or less than 24 metres (80 feet) in length. The non convention ships trading along the Burma coast are to be surveyed as closely as the requirements of the Conventions. The Department of Marine Administration allows some equivalents etc. when justified.
5.2.5. Wooden ships of primitive build
As there are (553) wooden ships of primitive build registered with the Department of Marine Administration, the Department has an obligation to look after the safety of the life, ship and the property. They are to be inspected every three months on the dock for checking the caulking, the condition of hull, life saving appliances (liferafts,lifebuoys and lifejackets), and fire fighting appliances. They are only allow to sail during the fair weather season, and for even this period the sailing permit is given daily according to the weather bulletin of the day.
5.2.5. Fishing vessels
Although the International Convention for the Safety of Life at Sea 1974 does not cover the safety equipments of the fishing vessels, the Department of Marine Administration, in consultation with the officials from the Ministry of Fishery and Livestocks, has made the provisions of the highest practicable standard of lifesaving appliances, and fire fighting equipments, as well as the Engineering division carries out the hull and machinery surveys as closely to the requirements of the Conventions, as practicable. The survey certificates issued to the fishing vessels are valid up to the maximum period of 12 months.
5.2.7. Owner's responsibilities
Apart from the statutory responsibility of the Department of Marine Administration to survey / inspect the safety of the ship, the owner is responsible for providing the proper design, proper construction, and effective maintenance of the ship, including adequate supervision and operation with competent manning. A valid certificate of survey issued by the Department of Marine Administration does not exonerate the shipowner from his statutory obligation of providing the seaworthiness. It is very important to note that the full and effective co operation of the owner with the Department lead to the safer ships and cleaner oceans.
CHAPTER 6
SYSTEM FOR ISSUE OF APPROPRIATE SURVEY AND INSPECTION
CERTIFICATE
6.1 CERTIFICATION
After satisfactory completion of surveys, ships are issued with the relevant convention certificates and other documents as specified in the conventions. As Burma is signatory to:-
(i) International Convention for the Safety of Life at Sea 1974,
(ii) International Convention for the Prevention of Pollution from Ships 1973 / 78,
(iii) International Convention on Load Lines 1966,
(iv) Convention on the International Regulations for Preventing Collisions at Sea 1972,
(v) International Convention on Tonnage Measurement of Ships 1969; and
(vi) International Convention on Standards of Training, Certification and Watchkeeping for Seafarers 1978.
The Department of Marine Administration, upon completion of the relevant survey, issues the following International Certificates:
(i) Passenger Ship Safety Certificate (Certificate A & B)
(ii) Cargo Ship Safety Equipment Certificate,
(iii) Cargo Ship Safety Construction Certificate,
(iv) Cargo Ship Safety Radio Telegraphy Certificate,
(v) Cargo Ship Safety Radio Telephony Certificate,
(vi) Exemption Certificate when an exemption is granted to a ship under the applicable regulations,
(vii) Load Line Certificate,
(viii) Tonnage Certificate;
(ix) International Oil Pollution Prevention Certificate.
6.2. HARMONIZED SYSTEM OF SURVEY AND CERTIFICATION
The survey requirements under various instruments have been evolved under historical background and therefore those requirements are not always consistent as between various instruments or even under the same instrument. The 1978 Tanker Safety and Pollution Prevention Conference recognized this problem and recommended that in due course International Maritime Organization take the necessary action to amend appropriate instruments with a view to standardizing the periods of validity of the certificates as well as the intervals of the surveys and inspections required by these instruments.
The International Conference on the Harmonized System of Survey and Certification was held at the Headquarters of the International Maritime Organization in London from 31st. October to 11th. November 1988, and the following instruments were adopted:
(a) Protocol of 1988 relating to the International Convention for the Safety of Life at Sea, 1974; and
(b) Protocol of 1988 relating to the International Convention on Load Lines, 1966.
In developing the harmonized system, the following are the general principles:
(i) all certificates (with the exception of the Passenger Ship Safety Certificate) should have a common period of validity not exceeding five years, with the possibility of a three month extension;
(ii) the period of validity of a renewed certificate should normally be calculated from the day of expiry of the previous certificate;
(iii) the term periodical survey will be replaced by the term renewal survey;
(iv) as an option a composite safety certificate "The Cargo Ship Safety Certificate" may issue for the cargo ships as an alternative to the following cargo ship certificates:
(a) Cargo Ship Safety Equipment Certificate,
(b) Cargo Ship Safety Construction Certificate,
(c) Cargo Ship Safety Radio Certificate;
(v) an intermediate survey within three months before and after the second anniversary date or within three months before and after the third anniversary of the Cargo Ship Safety Construction Certificate should be required for all Cargo ships;
(vi) the inspection of the outside of the ship's bottom should be carried out at least twice during any five year period with maximum intervals of three years and this should be independent of annual or intermediate surveys;
(vii) the due date of surveys should be based on the calendar dates, rather than period from the previous survey, with certain flexibility of the time scale within which surveys are carried out.
The purpose of the harmonized system is to standardize the periods of validity of the certificates, intervals of surveys and inspections, which provides the Administration for better recording of surveys and practical aspects of the work, it is also better keeping of the records of surveys by the shipping companies / ship owners.
CHAPTER 7
REGISTRATION OF SHIPS
7.1. REGISTRATION – RULES
Registration of a ship is used as evidence of the right to fly the Flag of the State as well as of the right of ownership and of mortgages. Thus the registration of a ship is very important since it accords nationality to the ship and serves as proof of title. The Burma Registration of Ships Act is to be applied when registering a ship in Burma. The Act consisted of (26) sections formerly, and of which (4) sections were subsequently deleted and a subparagraph to one of the sections was added, the titles of the sections are:
Section 1. Ships to be registered and Certificate of registry.
2. Ports of registry.
3. Registrars.
4. Book of registry.
5. Declaration.
6. Further declaration by owners who attend.
7. Measurement to be made.
8. Certificate of surveying officer.
9. Measurement of tonnage for purpose of registry.
10.
11.
12. Marking of register tonnage on ship.
13. –
14. Registered tonnage to be repeated in every subsequent register.
15. Fraudulent use of certificate.
16. Change of Master.
17. Name of ship.
18. Certificate of building.
19. Certificate of lost or mislaid.
20. Detention of certificate.
21. Registration de novo.
22. Testimony of registering officers.
23. False declaration Falsifying document.
24. –
25. Fees.
26. Ports to which ships belong.
The Department of Marine Administration has been assigned to perform the duties of the registration procedures / formalities in Burma.
7.2.1. Owner's qualification and declaration of ownership
The section (5) of the Burma Registration of Ships Act reads: # No registry shall be made or certificate be granted, until the following declaration be made or subscribed before the registering officer by the owner or major part of the owners of the ship required to be registered:
"I (A. B.) of (place of residence and occupation) do truly declare that the ship (name) of (port or place) whereof (Master's name) is at present master, being (kind of build, burden, et cetera, as described in the certificate of surveying officer), was (when and where) built, and I said (A. B.), and the other owners (name and occupations, if any, and where they respectively reside), am (or are) sole owner (or owners) of the said ship and that no other person whatever has any right, title, interest, share or property therein or thereto; and that I said (A. B.), and the said other owners (if any) am (or are) truly and bona fide a citizen of the Union (or citizens of the Union) and that no persons not being a citizen of the Union directly or indirectly, has any share or part interest in the said ship."
Provided that, if the registering officer shall see occasion to doubt the truth of any of the facts contained in the above declaration, he shall not deem such declaration to be conclusive, but may refuse the registry or certificate, and his discretion exercised in this behalf shall be subject only to an appeal to the President of the Union.
# It is necessary to be a citizen or citizens of the Union to qualify to make the declaration of ownership for registration of ship in Burma.
7.2.2. Registering officer and the book of register
The Burma Registration of Ships Act section (3) contains:
# The persons authorized to make such registry, and to grant such certificates as aforesaid, shall be such persons as the President of the Union may, from time to time appoint.
# The registering officer must keep a register book with the entries made in accordance with the following provisions which are required by the section (4) of the Act:
- all particulars contained in the form of the certificate;
- number of every registry shall be numbered in progression and such registering officer shall forthwith or within one month at the furthest, send to the President of the Union a true and exact copy, together with the number of every certificate which shall be by him so granted.
7.2.3. Builder's certificate, Bill of sale
It is required to submit the builder's certificate for registry of new ship whereas the bill of sale is required for registering the second hand ship, together with the declaration of ownership. In failing to produce either of these the registering of the ship may not be successful.
7.2.4. Survey and measurement
According to the sections (7), (8), and (9) of the Burma Registration of Ships Act, it is necessary to survey and measure the ship before registration. If the registering officer is satisfied as to the application for the registration of ship's tonnage in accordance with the section (9) of the Act which contains:
- The tonnage of a ship required to be registered shall, previous to her being registered, be measured and ascertained according to the Merchant Shipping law for the time being in force.
In this case the International Convention on Tonnage Measurement of Ships 1969 is applied. The surveyor grants a certificate of survey which should be sent back to the registering officer. If the ship is in a foreign port the registering officer requests the Administration of that State to appoint a surveyor or may delegate the classification society which the ship is classed or intend to class with, to carry out the survey and measurement enable to issue the certificate. The certificate specifies the ship's tonnage and other particulars descriptive of the identity of the ship.
7.2.5. Name of the ship
The proposed name of the ship shall be submitted to the registering officer together with the application for the approval.
7.2.6. Official number and signal letters
The official number of the ship is usually assigned by the registering officer and the signal letters (call sign) of the ship is given by the Post and Telecommunication department.
7.2.7. Carving note and marking of the ship
After the official number has been allotted, the name approved and the certificate of survey has been granted by the surveyor, the registering officer issues to the owner a carving and marking note which is returned to the registering officer after the carving and marking have been duly carried out and certified by the surveyor. The section (12) of the Burma Registration of the Ships Act contains: " The true amount of the register tonnage of every ship shall be deeply carved or cut in figures of at least three inches in length on the main beam of every such ship prior to her being registered" Again in the section (17),
" It shall not be lawful for any owner of any ship to give any name to such ship other than that by which she was first registered in pursuance of this Act, and the owner of every ship which shall be so registered shall, before such registry shall begin to take in any cargo, paint, or cause to be painted, in white or yellow letters of a length no less than four inches upon a black ground on some conspicuous part of the stern, the name by which such ship shall have been registered pursuant to this Act, and the port to which she belongs, in a distinct and legible manner and shall so keep and preserve the same"
7.2.8. Issue of certificate of registry
Upon the completion of the necessary procedures mentioned above, the registering officer enters the particulars of the ship in the register book and issues to the owner the Certificate of Registry, detaining the following with him:
- the surveyor's certificate
- the builder's certificate / bill of sale
- the declaration of ownership
- the application, including the proposed name etc...
5.2. TEMPORARY REGISTRATION ON BAREBOAT CHARTER
As many of the Burmese seafarers are working on foreign ships and unfortunately some of them happened to be worked on the sub standard ships, to avoid this situation and also for the stability of their employments, the Department of Marine Administration, in co ordination with other interested parties, studied the procedures carefully and proposed to the Authorities the approval of the temporary registration of ships owned and operated by the non nationals (non citizens) on bareboat charter basis. Upon the approval of the system, the temporary registration on bareboat charter basis was introduced in 1987.
The United Nations Convention on Conditions for Registration of ships, sponsored by the United Nation Conference on Trade and Development (UNCTAD) also provide the same system in Article (12). Bareboat Charter
1. Subject to the provisions of the Article 11 and in accordance with its law and regulations a State may grant registration and the right to fly its flag to a ship bareboat chartered in by a charterer in that State for the period of that charter.
2. When shipowners or charterers in State Parties to this Convention enter into such bareboat charter activities, the conditions of registration contained in this convention should be fully complied with.
3. To achieve the goal of compliance and for the purpose of applying the requirements of this agreement in the case of a ship so bareboat chartered in, the charterer will be considered to be the owner. This Convention, however, does not have the effect of providing for any ownership rights in the chartered ships other than those stipulated in the particular bareboat charter contract.
4. The State should ensure that a ship bareboat chartered in and flying its flag, pursuant to paragraph 1 to 3 of this Article, will be subject to its full jurisdiction and control.
5. The State where the bareboat chartered in ship is registered shall ensure that the former flag State is notified of the deletion of the registration of the bareboat chartered ship.
6. All terms and conditions, other than those specified in this Article, relating to the relationship of the parties to a bareboat charter are left to the contractual disposal of those parties.
There are advantages and disadvantages to the open registry such as:
Apparent advantages;
- encouragement to shipowners to register their ships in that country, thereby increasing the quantum of ships registered.
- increase in the quantum of registration and related fees realized.
- more employment opportunities for local seafarers.
Apparent disadvantages
- alleged absence of "genuine link" between the ship and the flag state.
- apparent inability of flag state to exercise proper and direct "control" over its ships, particularly those which do not regularly call at ports of the flag state.
- likely difficulty in realizing the anticipated fees since the real principals (beneficial owners) are not in the flag state.
- apparent lack of credibility as a responsible maritime nation.
- alleged inability to ratify and implement international maritime conventions expeditiously.
- likely to attract critism in international fora.
- likely to be liable for trade union action by International Trade Union Organizations.
It can be observed that the temporary registration on bareboat charter basis is based on the United Nations Convention on Conditions for Registration of Ships and totally different and to overcome the apparent disadvantages caused by the open registry. Although the system is different the Department of Marine Administration studied very carefully the apparent disadvantages causing the open registry and prepared the procedures, including that the Administration has the right to assess the financial status, the upkeeping and maintenance of ship and safety standard of the ship and shipping company before accepting the bareboat charter.
7.3.1. Rules and procedures
So as to enable the registering officer to accept the application and to process the formalities / procedures, for registering the ship under bareboat charter basis, the Authorities had to amend the Burma Registration of Ships Act by inserting the following subparagraph:
Section 5A Notwithstanding anything contained in section 1 and section 5, temporary registration may be granted, with the approval of authorities, to ships bareboat chartered by an authorized organization or to ships chartered for a similar purpose in accordance with international practice. For smooth operation and for the benefit of the shipowner the Ministry of Finance has issued the notification concerning the tax exemption for the ships registered under the bareboat as:
"Income derived by the foreign enterprise having an agent in Burma from operations that comprise engaging seagoing vessel on bareboat charter basis from non resident foreigners, temporarily registering the vessel under the notification issued for this purpose by the Ministry of Transport and Communications, engaging officers and crew in Burma for the said vessel and rechartering the said vessel to non resident foreigners shall be exempt from Income tax"
The essential requirements for the ship to obtain the temporary registration on bareboat charter basis are:
(1) Only those ships not exceeding a life span of (20) years will be inspected and temporary registration be granted.
(2) On temporary registered ships full percentage of Burmese national marine officers and crew shall be employed and their duties assigned. Only when Burmese marine national marine officers are not available permission to employ certificated non national marine officers will be permitted.
(3) For the temporary registered ships evidence is to be furnished that they have been insured against third party risks and oil pollution during the period of registration.
(4) Temporary registration shall be issued only on compliance with all the requirements such as fulfillment of the stipulations and full payment of fees etc...
(5) The original owner / company shall be solely responsible for the control and management of the ship, financial and all other matters during the temporary registration period. The organization permitting temporary registration shall not be concerned in anyway.
(6) When the ship owner / company applies for cancellation of temporary registration, cancellation certificate shall be issued only on full payment of registration and departmental fees.
(7) When non national marine officers are employed due to non availability of high ranking Burmese national marine officers, the ship owner / company shall pay to the Department at the rate of U.S.Dollars 5 for each officer per month.
(8) Registration fees will remain effective up to (10) years from the date of issue of the notification ( 18 11 86) Departmental fees will be reviewed and revised every (2) years, if necessary.
The service charges for the temporary registration on bareboat charter basis are as:
(a) Fees for the temporary registration shall be paid in advance according to the following rates:
(i) Gross registered U.S dollar 0.06 per tonnage upto 10,000 tons
(ii) Gross registered tonnage in addition to the above 10,000 tons rate upto 10,000 tons U.S Dollar 0.03 for every ton in excess.
(b) Departmental annual fees to be paid quarterly in advance according to the following rates:
(i) Gross registered tonnage U.S Dollar 2,500.00 upto 5,000 tons
(ii) Gross tonnage In addition to the above 5,000 tons upto rate upto 5,000 tons 10,000 tons U.S Dollars 0.25 for every tons in excess
(iii) Gross registered tonnage In addition to the above 10,000 tons rate up to 10,000 tons U.S. Dollars 0.20 for every ton in excess
(iv) For seafarer's welfare U.S Dollar 1.00 per seaman per month
In addition to application of the registration of the ship in Burma, the organization or person desiring to register temporarily for bareboat charter basis the followings are to be complied with:
(1) Application for the temporary registration of ships shall be made to the Department of Marine Administration furnishing the following particulars,
(i) The State where the ship is registered at present, and the name of the ship (to mention the previous names if any);
(ii) The particulars of the organization / person responsible in Burma and the particulars of the shipping company for whom at he is working;
(iii) The particulars of the ship and the port where it is berthed, and the State;
(iv) The name of the classification society;
(v) The name and full address of the present ship owner / company.
(2) Documentary evidence to be attached as:
(a) Evidence that the organization / person chartering the bareboat has the right to carry out the business;
(b) Undertaking of the organization / person controlling and managing the business has the authority to do so;
(c) Bareboat charter copy;
(d) Agreement of the original shipowner / company duly sealed that the ship has been chartered for the purpose of temporary registration;
(e) If the ship is mortgaged, the agreement of the mortgagee duly sealed that he agrees to the temporary registration;
(f) If the original certificate of registration is mortgaged a list of mortgagors, and also an agreement that during the period of temporary registration the business to be carried on between the mortgagee and the mortgagor shall have no effect on the temporary registration business;
(g) The classification society agrees to continue the classification for the State where the temporary registration is effected.
Although the Department of Marine Administration has done the temporary registration of the ships on bareboat charter basis, in the best effort to attain the advantages and to avoid the disadvantages effecting the open registry ships as stated, it is advisable to observe the changes in technologies and maritime matters so as to gain more benefits.
CHAPTER 8
SYSTEM AND PROCEDURE FOR EXAMINATIONS AND ISSUES OF CERTIFICATES OF COMPETENCY / SERVICE TO MARINE OFFICERS
8.1. SYSTEM
Although Burma Merchant Shipping Act contains provisions on examination and issue of Certificate of Competency for deck officers and engineer officers long before, all Burmese sea going personnel had to obtain their maritime training and education abroad, mostly in United Kingdom and India. After the independence in 1948 and with the acquisition of national flag ships in 1950s, some obtained their training onboard them, although examinations had to be still taken abroad as there were no examination facilities. During the period 1968 and 1974 Burma introduced her own Certificate of Competency Examination Rules and today the Department of Marine Administration conducts regular examinations. Section (21) of the Burma Merchant Shipping Act contains
"(1) The president of the Union may make rules to regulate the granting of the certificates of competency under this Act, and may, by such rules;
(a) provide for the examination of persons desirous of obtaining certificates of competency as masters, mates, engineers or engine drivers;
(b) prescribe the qualifications to be respectively required of persons desirous of obtaining certificate of competency as masters, first mates, second mates, first class engineers, second class engineers, or engine drivers;
(c) fix the fees to be paid by applicants for examination; and
(d) prescribe the form in which such certificate are to be framed and the manner in which the copy of the certificates to be kept by the President of the Union is to be recorded."
As per the above section of the Burma Merchant Shipping Act, the Ministry of Transport and Communication, with the permission of the President of the Union issued the rules governing the examinations. The examination rules prescribe, in detail requirements including physical fitness, minimum age, workshop training, approved type of vessel and minimum period of sea service and examination syllabus for each grade.
8.2. QUALIFICATIONS REQUIRED FOR EXAMINATIONS
8.2.1 Master (Foreign-going)
(i) Candidate must not be less than twenty three years of age.
(ii) Candidate must have served seven years at sea on foreign going ships or equivalent.
This period must include not less than two years on a foreign going ship in a capacity not lower than third of three watch keeping officers whilst holding a certificate of not lower than Second Mate (Foreign going) and not less than eighteen months on a foreign going ship in a capacity not lower than third of the three watch keeping officers whilst holding a certificate not lower than First Mate (Foreign going).
8.2.2. First Mate (Foreign going)
(i) Candidate must be not less than twenty one years of age.
(ii) Candidate must have served five years and six months at sea on foreign going ships or equivalent. This period of service must include not less than eighteen months on a foreign going ship in a capacity not lower than third of three watch keeping officers whilst holding a certificate as Second Mate (Foreign going).
8.2.3. Second Mate (Foreign going)
(i) Candidate must be not less than twenty years of age.
(ii) Candidate must have served four years at sea on foreign going ships or equivalent.
8.2.4. Master (Home trade)
(i) Candidate must be not less than twenty three years of age.
(ii) Candidate must have served five years at sea of which one year must have been in a capacity not less than that of first mate of a home trade or coasting vessel, whilst holding a Mate's certificate of home trade or a Second Mate (Foreign going).
8.2.5. Mate (Home trade)
(i) Candidate must be not less than twenty years of age.
(ii) Candidate must have served four years at sea. He must produce official proof that he has actually served three years two months and twelve days of this time at sea.
8.2.6. First Class Engineer
(i) Candidate must hold Second Class Engineer Certificate.
(ii) Candidate must have for MOTOR or STEAM certificate twenty one months sea service as watch keeping engineer on engines of not less than (99) Norminal Horse Power(NHP) or (560) Brake Horse Power(BHP).
(iii) Candidate must have for STEAM and MOTOR (combined) Certificate twenty four months sea service as watch keeping engineer as appropriate.
8.2.7. Second Class Engineer
(i) Candidate must be not less than twenty one years of age.
(ii) Candidate must have approved type of workshop service for four years or equivalent.
(iii) Candidate must have for MOTOR or STEAM certificate twenty one months sea service or for MOTOR and STEAM (combined) certificate twenty four months sea service as watch keeping engineer on engines of not less than (66) Norminal Horse Power (NHP) or (373) Brake Horse Power(BHP).
8.3. SUBJECTS FOR EXAMINATIONS
8.3.1. Master (Foreign going)
(i) Written.
(a) Practical Navigation and Pilotage 3 hours
(b) Magnetic and Gyro Compass 3 hours
(c) Ship Construction and Stability 3 hours
(d) Shipmaster's Business 2 hours
(e) Engineering knowledge / Electronic Navigational Aids 3 hours
(f) Meteorology 2 hours
A candidate must obtain general average of 70% of total marks given to pass the written portion.
(ii) Orals.
(iii) Signalling.
8.3.2. First Mate (Foreign going)
(i) Written.
(a) Practical Navigation 3 hours
(b) Chartwork and Pilotage 2 hours
(c) Ship Construction and Stability 3 hours
(d) Meteorology 2 hours
(e) Cargowork and Ship's Maintenance 3 hours
(f) Magnetism and Electricity 2 hours
A candidate must obtain general average of 70% of total marks given to pass the written portion.
(ii) Orals.
(iii) Signalling.
8.3.3. Second Mate (Foreign going)
(i) Written.
(a) General Ship knowledge 3 hours
(b) Chartwork and Pilotage 2 hours
(c) Practical Navigation 3 hours
(d) Mathematics 2 hours
(e) Principles of Navigation 2 hours
(f) Essays (English and Burmese) 3 hours
A candidate must obtain general average of 70% of total marks given to pass the written portion.
(ii) Orals.
(iii) Signalling.
8.3.4. Master (Home trade)
(i) Written.
(a) Chartwork and Pilotage 2 hours
(b) Practical Navigation 2 hours
(c) Stability and Seaworthiness 2 hours
(d) Compass Deviation 2 hours
(e) Essays (English) 1 hour
A candidate must obtain general average of 70% of total marks given to pass the written portion.
(ii) Orals.
(iii) Signalling.
8.3.5. Mate (Home trade)
(i) Written.
(a) Chartwork and Pilotage 2 hours
(b) Practical Navigation 3 hours
(c) Elementary ship knowledge 2 hours
(d) Essays (English) 1 hour
A candidate must obtain general average of 70% of total marks given to pass the written portion.
(ii) Orals.
(iii) Signalling.
8.3.6. First Class Engineer
Part "A".
(a) Applied Mechanics 3 hours
(b) Heat and Heat Engines 3 hours
(c) Mathematics 3 hours
Part "B".
(d) Electrotechnology 3 hours
(e) Elementary Naval Architecture and ship construction 3 hours
(f) Engineering knowledge (General) 3 hours
(g) Engineering knowledge (Motor/Steam) 3 hours
(h) Orals.
8.3.7. Second Class Engineer
Part "A".
(a) Applied Mechanics 3 hours
(b) Heat and Heat Engines 3 hours
(c) Mathematics 3 hours
(d) Drawing 6 hours
Part "B"
(e) Electrotechnology 3 hours
(f) Elementary Naval Architecture 3 hours
(g) Engineering Knowledge (General) 3 hours
(h) Engineering knowledge (Motor/Steam) 3 hours
(i) Orals.
It is a fact that ideally one is eligible to appear for the examination of Master's Certificate of Competency only after a total of seven years at sea and also only after passing First Mate and Second Mate examinations. In parallel, ideally one is eligible to appear for examination of First Class Engineer's Certificate of Competency only after a total of seven years six months out of which four years must have been approved workshop service and three years six months must have been at sea and only after passing Second Class Engineer examination. In practice it may take one more than ten years to achieve this objective and past experience has proved this to be true.
Apart from Deck and Engineer officers examinations, the examination for Certificate of Competency as Wireless Operator is conducted in accordance with the provisions of Articles (23) of the Radio Regulations annexed to the International Communication Convention of Malaga, Torromolinos 1973, and the certificate is issued under the Burma Wireless Rules 1937. The examination is conducted by the Department of Post and Telecommunication, which is under the Ministry of Transport and Communication.
8.3.8. Special Class Wireless Operator
(i) Sending (Plain 20 words and code 16 words per minute)
(ii) Receiving (Plain 20 words and code 16 words per minute)
(iii) Commercial working (Practical)
(iv) Technical Practical (Orals)
(v) Radio Regulations (Written)
8.3.9. Second Class Wireless Operator
(i) Sending (Plain 20 words and code 16 words per minute)
(ii) Receiving (Plain 20 words and code 16 words per minute)
(iii) Commercial working (Practical)
(iv) Technical Practical (Orals)
(v) Technical Electricity (Written)
(vi) Radio Communication (Written)
(vii) Radio Regulations (Written)
8.3.10. First Class Wireless Operator
(i) Sending (Plain 25 words and code 20 words per minute)
(ii) Receiving (Plain 25 words and code 20 words per minute)
(iii) Commercial working (Practical)
(iv) Technical Practical (Orals)
(v) Technical Electricity (Written)
(vi) Radio Communication (Written)
(vii) Radio Regulations (Written)
8.4. ISSUE OF CERTIFICATES
The Certificates of Competency are issued under section (14) of the Burma Merchant Shipping Act and the Certificates of Service to Naval Officers are issued under section (17). The extract of the Burma Merchant Shipping Act relating to the issue of the Certificates of Competency and Service is quoted as:
14.(1) Certificates of Competency shall be granted in accordance with this Act for each of the following grades, namely: Master of foreign going ship, First Mate of foreign going ship, Second Mate of foreign going ship, Master of home trade ship, Mate of home trade ship, First Class engineer, Second Class engineer, Engine driver
(2) A certificate of competency for a foreign going ship shall be deemed to be higher grade than the corresponding certificate for a home trade ship, and shall entitle the lawful holder thereof to go to sea in the corresponding grade in such last mentioned ship; but no certificate for a home trade shall entitle the holder to go to sea as a master or mate of a foreign going ship.
15. The President of the Union or a person duly authorized by the President of the Union in this behalf shall appoint persons for the purpose of examining the qualifications of the persons desirous of obtaining certificates of competency under this Act.
16. The President of the Union or such authorized person shall deliver to every applicant, who is duly reported by the examiners to have passed the examination satisfactorily and to have given satisfactory evidence of his sobriety, experience and ability and general good conduct onboard ship, such a certificate of competency as the case requires;
Provided that the President of the Union may, in any case in which he has reason to believe that the report has been unduly made, require, before granting a certificate, a re examination of the applicant or a further inquiry into his testimonials and character.
17.(1) A person who has attained the rank of lieutenant in the Burma Navy shall be entitled to a certificate of service as the master of a foreign going ship without examination.
(2) A person who has attained the rank of engineer or assistant engineer in the Burma Navy shall be entitled without examination, if an engineer, to a certificate of service as first class engineer and if an assistant engineer, to a certificate of service as second class engineer.
(3) A certificate of service shall differ in form from a certificate of competency and shall contain the name and the rank of the person to whom it is delivered, and the President of the Union shall deliver a certificate of service to any person who proves himself to be entitled thereto.
(4) The provisions of this Act (including the penal provisions) shall apply in the case of a certificate of service as they apply in the case of a certificate of competency.
18. Every certificate of competency granted under this Act shall be in the prescribed form and shall be made in duplicate, and one copy shall be delivered to the person entitled to the certificate, and the other shall be kept by the President of the Union and recorded in the prescribed manner. 19. A note of all orders made for suspending, canceling, altering or otherwise affecting any certificate of competency, in pursuance of the powers contained in this Act, shall be entered on the copy of the certificate kept by the President of the Union.
Although the high standards of these certificates can be seen when compared with those contained in International Convention on Training, Certification and Watchkeeping for the Seafarers (1978), which were brought out only in 1978, it is advisable to review the syllabus of the examinations in regular periods in view of the rapid advancement of maritime technology and international developments.
CHAPTER 9
RATIFICATION AND IMPLEMENTATION OF THE INTERNATIONAL MARITIME ORGANIZATION'S CONVENTIONS
9.1 INTERNATIONAL MARITIME ORGANIZATION [ IMO ]
The International Maritime Organization (IMO) is a specialized agency of the United Nations. It is an intergovernmental body and also it is global in membership. The International Maritime Organization operates largely through its organs and bodies composed of representatives of Member States. The principal organs are the Assembly, the Council and the five main committees, namely the Maritime Safety Committee (M.S.C), the Marine Environment Protection Committee (M.E.P.C), the Legal Committee, the Technical Co operation Committee, and the Facilitation Committee. In addition there are ten sub committees under the Maritime Safety Committee and Marine Environment Protection Committee.
They are the sub committees of safety of navigation, radio communications, life saving appliances, standards of training and watchkeeping, carriage of dangerous goods, container and cargoes, fire protection, ship design and equipment, subdivision loadlines and fishing vessels safety and bulk chemicals. The brief purpose and functions of the Organization are as:
to provide machinery for co operation among Governments in the field of governmental regulations and practices relating to technical matters of all kinds affecting shipping engaged in international trade.
to encourage the general adoption of the highest practicable standards in matters concerning maritime safety, efficiency of navigation and the prevention and control of marine pollution from ships.
to encourage the removal of discriminatory action and unnecessary restrictions by Governments affecting shipping engaged in international trade so as to promote the availability of shipping services to the commerce of the world without discrimination.
assistance and encouragement given by a Government for the development of its national shipping and for purposes of security does not in itself constitute discrimination, provided that such assistance and encouragement is not based on measures designed to restrict the freedom of shipping of all flags to take part in international trade.
to provide for the exchange of information among Governments on matters under consideration by the Organization.
provide for the drafting of conventions, agreements, or other suitable instruments and recommend these to Governments and to Inter Governmental organizations and convene such conferences as may be necessary.
9.1.1. Conventions
The work relating to maritime safety and the prevention and control of marine pollution normally culminates in the formulation of international conventions and similar multilateral instruments, codes of practice, recommendations to the governments and other guidelines or manuals. At present there are (31) conventions, to be more precise (21) conventions and (10) protocols and similar instruments developed by or under the auspices of the International Maritime Organization.
No. List of Conventions Date of entry into force
1. International Convention for the Safety of Life at Sea 1974 25.05.80
1981 Amendments 01.09.84
1983 Amendments 01.07.86
2. Protocol of 1978 relating to the International Convention for the Safety of Life at Sea 1974 01.05.81
3. Convention on the International Regulations for preventing Collisions at Sea 1972 as amended 15.07.77
1981 Amendments 01.06.83
1987 Amendments 19.11.89
4. International Convention for the Prevention of Pollution from Ships, 1973 as modified by the Protocol 1978 02.10.83
1984 Amendments 07.01.86
5. Convention on Facilitation of International Maritime Traffic 1965, as amended 05.03.67
1969 Amendments to the Annex 12.08.71
1973 Amendments 02.06.84
1977 Amendments to the Annex 31.07.78
6. International convention on Load Lines 1966 21.07.68
1971, 1975, 1979, 1983 Amendments -
7. International Convention on Tonnage Measurements of Ships 1969 18.07.82
8. International Convention relating to the Intervention on the High Seas in Cases of Oil Pollution Casualties 1969 06.05.75
9. Protocol relating to Intervention on the High Seas in Cases of Pollution by Substances other than Oil,1973 30.03.83
10. International Convention on Civil Liability for Oil Pollution Damage 1969 19.07.75
11. Protocol to the International Convention on Civil Liability for Oil Pollution Damage 1969 08.80.81
12. Protocol of 1984 to amend the International Convention on Civil Liability for Oil Pollution Damage 1969 -
13. Special Trade Passenger Ships Agreement 1971 02.01.74
14. Protocol on Space Requirements for Special Trade Passenger Ships 1973 02.06.77
15. Convention relating to Civil Liability in the field of Maritime Carriage of Nuclear Materials 197 15.07.75
16. International Convention on the Establishment of an International Fund for Compensation for Oil Pollution Damage 16.10.78
17 Protocol to the International Convention on the Establishment of an International Fund for Compensation for Oil Pollution Damage 1971 -
18. Protocol of 1984 to amend the International Convention on the Establishment of an International Fund for Compensation for Oil Pollution Damage 1971 -
19. International Convention for Safe Containers 1972 06.09.77
1981 Amendments 01.12.81
1983 Amendments 01.01.84
20. Athens Convention relating to the Carriage of Passengers and their luggages by Sea 1974 24.04.87
21. Protocols to the Athens Convention relating to the Carriage of Passengers and their Luggage by Sea 1974 -
22. Convention on the International Maritime Satellite Organization 16.07.79
23. Operating Agreement on the International Maritime Satellite Organization 16.07.79
24. Convention on Limitations of Liability for Maritime Claims 1976 01.12.86
25. Torremolinos International Convention for the Safety of Fishing Vessels 1977 -
26. International Convention on Standards of Training, Certification and Watchkeeping for Seafarers 1978 28.04.84
27. International Convention on Maritime Search and Rescue 1979 22.06.85
28. Convention on the Prevention of Marine Pollution by Dumping of Wastes and other matters 1972 30.08.75
1978 (Dispute) Amendments -
1978 Amendments to annex 11.03.79
29. Convention on Unlawful Activities -
30. Protocol of 1988 relating to the International Convention for the Safety of Life at Sea 1974 -
31. Protocol of 1988 relating to the International Convention on Load Line 1966 -
other Maritime Conventions are also adopted by United Nations Conference on Trade and Development (UNCTAD) and International Labour Organization (ILO) but their conventions are more related to the commercial and social welfare cum security aspects of seafarers and the implementation of such conventions are through the Commerce and Labour Ministries.
9.2. IMPLEMENTATION
When Governments accept the International Maritime Organization Conventions they agree to implement their requirements as far as their own ships are concerned. In most cases this means raising their standards to the levels contained in the Convention by means of the appropriate national legislation and its implementation. At the same time, Contracting Parties agree that ships flying their flag can be subject to inspection and other control procedures when in ports and territorial waters of other parties.
The implementation of the Conventions will require concerted efforts by the Governments, industry and institutions. The following is an out line of measures to be taken, particularly in the developing countries, to implement the conventions which cover construction, equipment, and operation of ships,
(1) Government and industry.
(a) to understand the technical and administrative implications of the provisions of the Conventions.
(2) Industry (Shipbuilders, shipowners,and manufacturers)
(a) to develop and manufacture equipment complying with the Convention requirements and related guidelines and specifications developed by the International Maritime Organization;
(b) to arrange for construction or conversion of ships and installation of equipment to comply with the Convention requirements;
(c) to develop procedures for the operation of ships to meet the Convention requirements;
(d) to train personnel on board;
(3) Governments
(a) to take necessary legislative procedures to ratify and implement the Convention;
(b) to establish systems of surveys and certification of ships, including authorization of classification societies if so desired;
(c) to establish administrative structure and arrangements, such as the maintenance of records for ships flying their flags, supervision of classification societies' work;
(d) to develop systems and procedures for the enforcement of the Conventions, including:
• inspection of ships in ports and terminals;
• detection of unlawful discharges and establishment of penalties to be imposed;
• investigations of marine casualties;
• preparation and submission to the International Maritime Organization of reports and other information as called for by the relevant convention.
9.2.1. Procedure of Implementation
Conventions required to be implemented are to be dealt with as follows:
Phase One
(a) Ratification or Accession.
(b) Prepare National Legislation (Primary and Subsidiary).
(c) Documentation.
(d) Prepare Executive Orders, and Instructions to Officials concerned.
(e) Develop adequate and appropriate Maritime Administration Infrastructure.
Phase Two
(a) Implementation of National legislation through the exercising of appropriate functions by the officials of Administration.
Phase Three
(a) Certification of ships and seafarers and issue of clearance to proceed to sea.
CHAPTER 10
PROCEDURE AND SYSTEM FOR CONDUCTING INQUIRIES / INVESTIGATIONS INTO SHIPPING CASUALTIES
Casualty investigations into shipping casualties are being conducted in different ways in different countries. The International obligations for the Casualty Investigation are covered by:
(a) United Nations Convention on Law of the Seas, Article 94(7);
(b) International Convention for the Safety of Life at Sea 1974, Regulation 21 of Chapter I;
(c) International Convention on Load Lines 1966, Article 23;
(d) International Convention for the Prevention of Pollution from ships 1973/78 Article 12; and
(e) International Labour Organization's Minimum Standard Convention 1976 Article 12.
In accordance with the Regulation number (21) of the International Convention for the Safety of Life at Sea 1974, each administration undertakes to conduct an investigation of any casualty occurring to any of its ships when it judges that such an investigation may assist in determining what changes in the present Regulations of the Convention might be desirable. Each contracting Government undertakes to supply International Maritime Organization with pertinent information concerning the findings of such investigations.
Maritime investigations are conducted with:
(1) Violation of
• Safety regulations
• Marine pollution regulations
(2) Accidents
• Collisions
• Groundings
• Fire / explosions
• Human failure
• etc.....
The main purposes of an inquiry/investigation into a shipping casualty are
(1) ascertain the facts,
(2) obtain all relevant information,
(3) determine as precisely as possible the cause/causes of casualty,
(4) to evaluate present international or national regulations,
(5) to propose amendments to regulations; and
(6) to consider criminal or other liability on the part of owner, master or crew.
10.1. RULES
In Burma, the inquiries into shipping casualties are carried out according to Part VI of the Burma Merchant Shipping Act.
The section (246) of the Act contains:
" (1) For the purpose of inquiries and investigations under this Part a shipping casualty shall be deemed to occur when
(a) on or near the coasts of the Union of Burma, any ship is lost, abandoned, stranded or materially damaged;
(b) any loss of life ensues by reason of any casualty happening to, or on board of, any ship on or near those coasts;
(c) on or near those coasts, any ship causes loss or material damage to any other ship;
(d) in any place any such loss, abandonment, stranding, damage or casualty occurs to, or on board of, any ship and any competent witness thereof is found at any place in the Union of Burma; or
(e) any ship is supposed to have been lost, and any evidence can be obtained in the Union of Burma as to the circumstances under which she proceeded to sea or was last heard of.
(2) In sub section (1) the word "coasts" includes the coasts of creeks and tidal rivers.
(3) In the cases mentioned in clauses (a), (b), and (c) of the sub section (1), the master, pilot, harbour master or other person in charge of the ship, or (where two ships are concerned) in charge of each ship, at the time of the shipping casualty, and in cases under (d) of sub section (1), where the master of the ship concerned or (except in the case of a loss) where the ship concerned proceeds to any place in the Union of Burma from the place where the shipping casualty has occurred, the master of the ship, shall on arriving in the Union of Burma, give immediate notice of the shipping casualty to the nearest Magistrate and also to the officer appointed in this behalf by the President of the Union.
(4) Any person bound to give notice under this section and willfully failing to give the same shall be liable to a fine which may extend to five hundred rupees, and in default of payment, to simple imprisonment for a term which may extend to three months.
10.2. PROCEDURES
The main objectives of the inquiries / investigations are to find out whether there are such lessons to be learnt from the accident and the casualty investigations assist in keeping up professional standards, through their association with disciplinary measures. One cannot avoid the fact that the causes of accidents often lie partly or wholly with individuals, nor the fact that human nature being what it is, the presence of sanctions on unsatisfactory or inadequate performance does provide a healthy reminder of the need not to fall below the proper standards. The punishment or admonition of individuals must never be looked at as the principal objective of the exercise, but it must be recognized as a necessary part of it. To meet these objectives, the investigation must seek to answer the following four questions:
(i) What happened?
(ii) How did it happen?
(iii) Why did it happen?
(iv) What can be done to prevent it happening again?
In this connection it is most desirable to adopt a system of inquiry / investigation in two stages:
(a) Preliminary inquiry, and
(b) Formal investigation.
10.2.1. Preliminary inquiry
Regarding preliminary inquiry section (247) of the Burma Merchant Shipping Act states:
" (1) Whenever any such officer receives credible information that a shipping casualty has occurred, he shall forthwith report in writing the information to the President of the Union and may proceed to make a preliminary inquiry into the casualty.
(2) Any such officer
(i) may go on board the ship, and may inspect the same or any part thereof, or any of the machinery, boats, equipments, or articles on board thereof, to which the provisions of this Act apply, not unnecessarily or delaying her from proceeding on any voyage;
(ii) may enter and inspect any premises the entry or inspection of which appears to him to be requisite for the purpose of the report which he is directed to make;
(iii) may, by summons under his hand, require the attendance of all such persons as he thinks fit to call before him and examine for such purpose and may require answers or returns to any inquiries he thinks fit to make;
(iv) may require and enforce the production of all books, papers or documents which he considers important for such purpose; and
(v) may administer oaths or may, in lieu of requiring or administering an oath, require any person examined by him to make and subscribe a declaration of the truth of the statement made by him in his examination.
(3) An officer making a preliminary inquiry under this section shall send a report thereof to the President of the Union."
The preliminary inquiry which can be said to be quasi judicial in nature, is usually conducted by a responsible official, with the necessary expertise of the Maritime Administration, duly notified as the proper officer for the purpose under the Merchant Shipping Act. Such an officer needs to be a highly experienced professional officer, duly trained for the purpose, who needs to appreciate fully that he is undertaking a solemn duty, during which he would have to:
• show great patience and understanding in examining witnesses, since they are likely to have been through a traumatic experience,
• remember to place himself "in the shoes" of the witness when recording his statement, so as to be able to understand the relevant circumstances properly,
• appreciate the fact that his conclusions / recommendations may have far reaching consequences affecting the career/s of the seafarer/s, concerned and perhaps, the shipowners themselves,
• distinguish clearly between "error of judgement" and "negligence" as regards his conclusion regarding an act of omission or commission on the part of any seafarer concerned,
• give the benefit of doubt to the seafarer concerned, remembering the difficulties of seafaring,
• remember the purpose and objectives of the inquiry, and
• ensure that the proceedings and the report of the inquiry are such as to be capable of forming a proper basis for the decision of the Government as regards further follow up action, even though it shall remain the prerogative of his superiors to differ with any or all of his conclusions / recommendations, etc....
The duties of an officer conducting a preliminary inquiry are to observe the sections concerned of the Burma Merchant Shipping Act and the above points.
10.2.2. Formal Investigation
A formal investigation is a public / judicial inquiry, to be held in addition to or instead of a preliminary inquiry, as may be decided by the Government. It is held by a Court empowered under the Merchant Shipping Act, assisted by assessors of the appropriate expertise, drawn by the Court from the panel maintained for the purpose by the Maritime Administration. Regarding the formal investigation sections (248) and (249) of the Burma Merchant Shipping Act states:
248. The officer appointed under sub section (3) section 246 whether he has made a preliminary inquiry or not, may, and, where the President of the Union so directs, shall, make an application to a Court empowered under section 249 requesting it to make a formal investigation into any shipping casualty; and the Court shall thereupon make such investigation.
249. Magistrates of the first class specially empowered in this behalf by the President of the Union shall have jurisdiction to make formal investigations into shipping casualties under this Part.
Usually a formal investigation is ordered by a Government or the official in charge of the Maritime Administration duly empowered, in any of the following circumstances
(i) if the preliminary inquiry is not considered sufficient,
(ii) if it appears that the shipping casualty has occurred through an avoidable cause,
(iii) if it appears likely to lead the prevention of the similar casualties in the future,
(iv) if the said casualty was accompanied by loss of life or property or involved serious damage,
(v) if the casualty has given rise to a substantial amount of public attention or to a disturbance of public confidence,
(vi) if there has been any alleged default or negligence on the part of the master or any officer,
(vii) if a Certificate of competency of an officer (including a Master) is likely to be dealt with.
The powers of the Court conducting a formal investigation are those that of the legislation concerned, and the Maritime Administration is to assist the Court in every possible manner. Such assistance would have to cover:
• Appointment of Counsel to represent Government and thus provide assistance through him,
• Production of the Panel of Assessors,
• Presentation of facts / evidence as available, (The proceedings of the preliminary inquiry can be invaluable for this purpose)
• Presentation of the list of witnesses,
• Arrangements for the attendance of witnesses,
• Arrangements for the attendance of any expert witness that may be necessary,
• Arrangements for the Court and Assessors to make any visit to any ship or place that is relevant, and
• Any other form of assistance needed by the Court.
When the report and proceedings of the formal investigation is received, the Maritime Administration needs to examine same and advise the Government as regards further action and / or follow up action required.
10.3. WRECKS AND SALVAGE
The sections contained in the Part VII of the Burma Merchant Shipping Act are as:
Section 272. "Wreck" defined
273. Appointment of receivers
274. Rules to be observed by persons finding wreck
275. Government or person finding wreck entitled to salvage
276. Notice to be given by receiver
277. Wreck may in certain cases be sold
278. Proceeds how applied
279. Saving
When any vessel is wrecked, stranded, or in distress on, or near the coast, the receiver of wreck takes command of everybody and gives instructions as to the preservation of the vessel, the crew and the cargo, strictly observing the above sections.
CHAPTER 11
PROCEDURE FOR DETENTION OF UNSEAWORTHY SHIPS
11.1. UNSEAWORTHY SHIPS
Although it is difficult to differentiate the terms unseaworthy and unsafe ship, technically it can be differentiated as:
• An "unseaworthy ship" relates mainly to a ship which is not fit to proceed to sea on account of deficiency in hull strength, machinery, hull structure, equipments, and manning generally likely to affect the safety of life at sea and prevention of marine pollution from ships. Appropriate and proper survey of the ships and issue of the relevant certificates are technical proofs of seaworthiness.
• An "unsafe ship" is a combination of both technical and operational unfitness of the ship. It may be proper to say that an unsafe ship is one which by reason of defective condition of hull, equipment or machinery, or by reason of under manning or by reason of overloading or improper stowage, is unfit to proceed to sea without apparent dangers to human life having regard to the nature of the service to which it is intended. This can be described as implied or express unseaworthiness. It can also be said that an "unseaworthy ship" is a ship which is "unsafe" to proceed to sea.
The term "unseaworthy ship" is defined as in section (230) of Burma Merchant Shipping Act as:
" A ship is "unseaworthy" within the meaning of this part when the materials of which she is made, her construction, the qualifications of the master, the number and description of the crew, the weight, description and stowage of the cargo, the tackle, sails, riggings, stores, ballast, and other equipment are not such as to render her in every respect fit for the proposed voyage or service."
It is an obligation on part of the owner that he, and the master and every agent charged with the loading, preparation and departure of the ship for the sea, shall use all reasonable means to ensure the seaworthiness of the ship at the commencement of a voyage and to keep it in a seaworthy condition during the voyage. Apart from that if any person sends or attempts to send any ship, to sea in such an unseaworthy state that life is likely to be endangered, that person shall be guilty of an offense unless he proves that he used all reasonable means to ensure seaworthiness or that ship's going to sea in an unseaworthy state was in the circumstances reasonable and justifiable. The same applies to a master who knowingly takes a ship to sea in a similar seaworthy state.
Section (229) of Burma Merchant Shipping Act states:
" (1) Every person who sends or attempts to send a ship to sea from any port in the Union of Burma in such an unseaworthy state that the life of any person is likely to be thereby endangered shall, unless he proves that he used all reasonable means to insure her being sent to sea in a seaworthy state or that her going to sea in such unseaworthy state was under the circumstances reasonable and justifiable, be liable to imprisonment for a term which may extend to six months, or to a fine which may extend to one thousand rupees, or to both.
(2) Every master of a ship who knowingly takes such ship to sea in such unseaworthy state that the life of any person is likely to be thereby endangered shall, unless he proves that her going to sea in such unseaworthy state was, under the circumstances, reasonable and justifiable be liable to imprisonment for a term which may extend to six months or to a fine which may extend to one thousand rupees or to both.
(3) For the purpose of giving such proof, every person charged under this section may give evidence in the same manner as any other witness.
(4) No prosecution under this section shall be instituted except by, or with the consent of, the President of the Union."
11.2. DETENTION OF UNSAFE / UNSEAWORTHY SHIPS
The provisions of the section (232) of the Burma Merchant Shipping Act provide the procedure of the detention of the unseaworthy / unsafe ship as.
" (1) Where a ship in any port to which the President of the Union may specially extend this section is an unsafe ship, that is to say, is by reason of the defective condition of her hull, equipments or machinery, or by reason of overloading or improper loading, unfit to proceed to sea without serious danger to human life, having regard to the nature of the service for which she is intended, such ship may be provisionally detained for the purpose of being surveyed and either finally detained or released as follows namely:
(a) The President of the Union, if he has reason to believe, on complaint or otherwise, that any such ship is unsafe, may order the ship to be provisionally detained as an unsafe ship for the purpose of being surveyed.
(b) A written statement of the grounds of such detention shall be forthwith served on the master of such ship.
(c) When the President of the Union provisionally orders the detention of a ship, he shall either refer the matter to the Court of Survey for the port where the ship is detained, or forthwith appoint some competent person to survey such ship and report thereon; and on receiving the report, may either order the ship to be released or, if in his opinion the ship is unsafe, may order her to be finally detained, either absolutely or until the performance of such conditions with respect to the execution of repair alterations, or the unloading or reloading of cargo, as the President of the Union thinks necessary for the protection of human life.
(d) Before an order for final detention is made, a copy of report shall be served upon the master of the ship, and within seven days after such service the owner or master may appeal against such report, in the manner prescribed, to the Court of Survey for the port where the ship is detained.
(e) Where a ship has been provisionally detained and the person has been appointed under this section to survey such ship, the owner or master of the ship, at any time before such person makes that survey, may require that he shall take with him as assessor such person as the owner or master may select, being a person named in the list of assessors for the Court of survey, or, if there is no such list, or if it is impracticable to procure the attendances of any person named in such list, a person of nautical, engineering, or other special skill and experience. If the surveyor and the assessor agree that ship should be detained or released, the President of the Union shall cause the ship to de detained or released accordingly, and the owner or master shall have no appeal. If the surveyor and assessor differ in the report, the President of the Union may act as if the requisition had not been made and the owner or master shall have such appeal touching the report of the surveyor as is hereinbefore provided in this section.
(f) Where a ship has been provisionally detained, the President of the Union may at any time, if he thinks it expedient, refer the matter to the Court of Survey for the port where the ship is detained.
(g) The President of the Union may at any time, if satisfied that a ship detained under this section is not unsafe, order her to be released either upon or without any conditions.
(2) Any person appointed by the President of the Union for the purpose (in this Act referred to as a detaining officer") shall have the same power as the President of the Union has under this section of provisionally ordering the detention of a ship for the purpose of being surveyed, and of appointing a person to survey her, and if he thinks that a ship so detained by him is not unsafe, may order her to be released.
(3) A detaining officer shall forthwith report to the President of the Union any order made by him for the detention or release of a ship.
(4) A ship detained under this section shall not be released by reason of her British or Burman or Indian or Parkistan register being subsequently closed.
(5) A detaining officer shall have, for the purpose of his duties under this Part, the following powers namely:
(a) he may go on board any ship and may inspect the same or any part thereof, or and of the machinery, equipments and cargo on board thereof, and may require the unloading or removal of any cargo, ballast or tackle, not unnecessarily detaining or delaying her from discharging, unloading or proceeding on any voyage;
(b) he may by summon under his hand, require the attendance of all such persons as he thinks fit to call before him, may examine such persons, and may, by a like summons, require returns in writing to any inquiries he thinks fit to make;
(c) he may require and enforce the production of all books, papers, documents which he considers important; and
(d) he may administer oaths, or may, in lieu of administering an oath, require every person examined by him to make and subscribe a declaration of the truth of the statements made by him in his examination.
In exercising the detention procedures, especially to the visiting ships flying foreign flags, extreme care should be taken and a copy of order of detention should be given also to the diplomatic / consular official of the flag state. It is to be borne in mind that the costs of detention and survey that follows the event, they are payable by the shipowner if the ship is found to be unsafe, or otherwise by the Administration. In some cases, the Administration may be liable to pay compensation for loss or damage sustained by the owner by reason of the detention of the ship in addition to costs.
CHAPTER 12
SYSTEM FOR REGISTRATION OF SEAMEN, NUMBER AND CATEGORIES OF NATIONAL SEAGOING PERSONNELS
12.1. REGISTRATION OF SEAMEN
Department of Marine Administration is responsible for the registration of seamen. The minimum requirements as enabling to register as new entry into the merchant navy are as:
(1) Deck ratings
(a) the minimum age must not be less than 18 years and the maximum of not more than 50 years of age;
(b) is in possession of a certificate to the effect that he is medically fit for sea service;
(c) the applicant is entitled to register as an ordinary seaman, if he served at least (18) months seagoing service in deck department on board:
(i) naval ships; or
(ii) coastal ships; or
(iii) deep sea fishing vessels; or
(iv) completed the three months basic seamanship course in deck department, from Institute of Marine Technology;
(d) the applicant is entitled to register as an able-bodied seaman if he served at least (36) months seagoing service in either of the above mentioned ship.
(2) Engine room ratings
(a) the minimum age must not be less than 18 years and maximum of not more than 50 years of age;
(b) is in possession of a certificate to effect that he is medically fit for sea service.
(c) the applicant is entitled to register as a wiper / dayman, if he served at least (18) months seagoing service in engine room, on board,
(i) naval ships; or
(ii) coastal ships; or
(iii) deep sea fishing vessels; or
(iv) completed the three months basic seamanship course in engine room, from Institute of Marine Technology;
(d) the applicant is entitled to register as an oiler, if he served at least (36) months service in either of the above mentioned ship.
(3) Catering ratings
(a) the minimum age must not be less than 18 years and the maximum of not more than 50 years of age;
(b) is in possession of a certificate to effect that he is medically fit for sea service;
(c) the applicant is entitled to register as an assistant cook or an assistant steward, if he served at least (18) months seagoing service as cook / steward on board:
(i) naval ships; or
(ii) coastal ships; or
(iii) deep sea fishing vessels; or
(iv) completed three months basic seamanship course in cook / steward, from Institute of Marine Technology; or
(v) served in the recognized hotels as cook / steward.
12.2. SEAMEN EMPLOYMENT CONTROL DIVISION
After the registration procedure has been done at the head office, the registered seaman has to report to the Seamen Employment Control Division for entering his name in the appropriate roster. The Seamen Employment Control Division is one of the divisions under the Department of Marine Administration and responsible for the proper employment of the registered seamen on board national ships as well as on board foreign ships. The main objectives and duties of the Seamen Employment Control Division can be described as:
(i) eradication of malpractice,
(ii) equitable distribution of the available volume of employment among the registered seamen on the principles of:
• rotation according to the date of last discharge or first date of approval of entry into merchant navy,
• reasonable choice to ship owners in the selection of their crew,
• reasonable freedom to seamen to refuse a particular ship for stated reasons.
The Seamen Employment Control Division is keeping the proper roster of the registered seamen rankwise so as to fulfill the objective of equitable distribution of the employment. The division carefully control the employment by:
• compilation of authentic record of all registered seamen available for employment by registration,
• fixation of turn for employment of each seaman according to the date of last discharge or first date of approval of entry into merchant navy, by preparation of rosters rankwise and it is known as general roster,
• if the company accepts and the seaman is so desirous of re employment in the same company, by arranging it as pool member of the company roster,
• supply of seamen in accordance with their seniority on the rosters.
12.3. REGISTERED SEAMEN
The categories, numbers of seamen registered at the Seamen Employment Control Division at present are as:
(1) Officers,
(a) Master 84
(b) Chief Officer 78
(c) Second Officer 134
(d) Third Officer 432
(e) Deck Cadet 2996
(f) Radio Officers 540
(g) Chief Stewards 240
(h) Ship's Doctor 9
(i) Chief Engineer 70
(j) Second Engineer 100
(k) Third Engineer 220
(l) Fourth Engineer 180
(m) Fifth Engineer 118
(n) Junior Engineer 828
(o) Engine Cadet 171
(p) Electrical Engineer 405
(2) Ratings,
(a) Deck Boatswain 281
(b) Assistant Deck Boatswain 206
(c) Carpenter / Deck Fitter 197
(d) Able Bodied Seaman 2310
(e) Ordinary Seaman 2142
(f) Engine Fitter 387
(g) No. 1 Oiler 180
(h) Oiler / wiper 1899
(i) Chief Cook 187
(j) Assistant Cook 501
(k) Assistant Steward 712
Summing up, the above shows that there are (15,605) registered seamen in Burma, out of which about (8,000) are presently employing on board national and foreign ships and about (7,000) are waiting for their employments in general roster and in company's pool rosters.
CHAPTER 13
NATIONAL SHIPS, MANNING RULES AND NUMBER OF SHIPS
13.1. MANNING RULES
The manning requirements, for the ships registered in Burma are stated in the Burma Merchant Shipping Act section (11) as:
" (1) Every foreign going ship and every home trade ship of three hundred tons or upwards when going to sea from any place in the Union of Burma shall be provided with officers duly certificated under this Act according to the following scale namely:
(a) in any case, with a duly certificated master;
(b) if the ship is of three hundred tons or upwards, with at least one officer besides the master holding a certificate not lower than that of a mate.
(2) Every foreign going steam ship when going to sea from any place in the Union of Burma shall be provided with engineers duly certificated under this Act according to the following scale namely:
(a) if a ship is of one hundred norminal horse power or upwards, with at least two engineers, one of whom shall be a first class or second class duly certificated;
(b) if the ship is of less than one hundred norminal horse power with at least one engineer who is a first class or second class engineer duly certificated.
(3) Every home trade steam ship when going to sea from any place in the Union of Burma, and every foreign going steam ship carrying passengers between places in the Union of Burma shall be provided with engineers duly certificated according to the following scale, namely:
(a) if a ship is of fifty norminal horse power or upwards, with at least one engineer who is first class or second class engineer duly certificated;
(b) if the ship is of less than fifty norminal horse power with at least one engineer who is a first class or second class engineer or an engine driver duly certificated.
(4) Nothing in this section which relates to engineers or engine drivers shall apply to any steam ship to which the provisions of the Inland Steam Vessel Act apply.
The Burma Merchant Shipping Act requires every foreign going ship to carry a duly certificated Master and if (300) gross tons upwards with a duly certificated Mate, this requirement is the most stringent part of the Act. As for the engine department Burma Merchant Shipping Act requires a foreign going ship with engines of (100) norminal horse power which is equal to (565) brake horse power or more, to carry one First class and one Second class engineer respectively. If below (100) norminal horse power either one First class engineer or Second class engineer is required. The most lenient part is that of a home trade ship of below (50) norminal horse power [282.5 brake horse power] which requires a certificated seagoing engine driver. As for the Radio department Burma Merchant Shipping Act requires a ship of (1600) gross tons and above or passenger ship to carry radio operator. As a party to the International Convention for the Safety of Life at Sea 1974, ships of above (300) gross tons but below (1600) gross tons are required to be fitted with radio telephones. There are other requirements for passenger ships carrying certain number of passengers and of certain duration of voyage.
From the above observations it may be stated that Burma Merchant Shipping Act has adequate manning of ships to ensure safety at sea which is definitely at par with the latest international requirements. Moreover it must be emphasized that it is the duty of conscientious professional men to uphold the prescribed levels of these standards.
13.2. NATIONAL SHIPPING FLEET
The categories and numbers of ships registered at the Department of Marine Administration at present can be summarized as:
(1) The State owned shipping corporation
foreign going ships (Burma Five Star Shipping Corporation) 24 ships
(2) Temporary registration on bareboat charter basis (foreign going ships
owned by non nationals) 20 ships
(3) Other Government departments coastal ships
(Burma Ports Corporation, etc..) 23 ships
(4) Private owned coastal ships 30 ships
(5) Fishing vessels 81 ships
(6) Wooden ship of Primitive build 553 ships
13.2.1. Burma Five Star Shipping Corporation
The Burma Five Star Shipping Corporation is the state owned shipping line and is under the Ministry of Transport and Communication. The shipping line is operating the world wide trade as well as the coastal transportation of passengers and cargoes. The shipping line is operating with eleven 15,000 tonners between Europe / Rangoon and Far east / Rangoon. There are also seven 1,500 tonners operating in near trade which means between Singapore and India range, and four passenger ships of 250 passengers capacity are operating along the Burma Coast. Two reefer ships of 500 tons deadweight are carrying fish / prawns from Rangoon to Singapore. From the above it can be observed that the state owned national ships are calling regularly and there is a genuine link between these ships and the Administration.
CHAPTER 14
SYSTEM FOR MAINTENANCE AND RECORD / PLAN FOR NATIONAL SHIPS
14.1. RESPONSIBILITY
It is the responsibility of the Department of Marine Administration on behalf of the Ministry of Transport and Communication to examine / check / supervise the proposed plan / specifications of the ships which are intended to be registered at the department, to ensure:
• that a ship, from a safety point of view is fit for the service for which it is intended,
• that a ship, from the social point of view offers healthy working and living conditions, and
• that a ship does not present any threat of harm to marine environment.
14.2. TECHNICAL COMMITTEE
In order to advise / supervise the work of the Department of Marine Administration in examining the plans of ships, their equipments and in maintaining records, the Ministry of Transport and Communication has formed a "Technical Committee of the Ministry of Transport and Communication". The chairman of the committee is the Deputy Minister of the Ministry and the members are senior technical officials from various departments under the Ministry of Transport and Communication. The committee is to assess the comments / recommendations made by the Department of Marine Administration on the proposed plan submitted by the national ship owners and the committee is especially concerned with:
• the priority requirements of such a ship with reference to plan targets, deployment of the ship, reasonableness of the price,
• the technical suitability of the ship, based on the detailed information required to be made available by the ship owner, which is to include the technical specifications of the ship, status of survey / certificates, classification details, special inspection reports on present condition of ship.
CHAPTER 15
INSTITUTION FOR TRAINING OF SEAFARERS
15.1. TRAINING
The promotion of acceptable standards for the construction and equipment of ships and for their inspection, survey and certification are important for safeguarding maritime safety, but it is to bear in mind that they alone are not sufficient for this purpose. The most crucial element in so far as maritime safety is concerned is the HUMAN element. A ship is only as good as the men who man it. With the continuing technological developments in shipping, the human factor has become of great importance. No matter how sophisticated the equipment available on board to day's ship might become, the safety of ships will ultimately depend upon their crew and their professional ability and dedication. Seafaring to day, in the days of automation, radar observation and collision avoidance instrumentation etc........, is a high skilled profession. It is obvious, therefore, that the training of maritime personnel must be given high priority.
Apart from the above observation, the training of seafarers improves safety standards and efficiency, both which are vital. An untrained seafarer would be, at least in the early stages, a liability to others and to himself, especially in emergencies. Trained seafarers of a country could in fact increase the employment potential of seafarers of the country in the long run particularly because:
• shipowners at large are becoming keen on employing trained seafarers,
• maritime governments are becoming particular about trained seafarers being employed on their ships,
• among developing nations, who need employments for their seafarers in foreign ships preference of the employers would be for trained seamen,
• qualified and / or specialized manpower when made available to foreign countries and / or firms, may gradually become an important service offered abroad, and hence a foreign exchange earner.
"Institute of Marine Technology" is the only institute in Burma for training of sea going personnel, and was established in 1972.
15.2. COURSES AVAILABLE
The following courses are available at the Institute of Marine Technology:
(1) One year Pre sea training course for foreign going Nautical Cadets,
(2) One year Pre sea training course for Deck Fishery Cadets,
(3) One year Pre sea training course for Deck Port (Coastal) Cadets,
(4) One year Pre sea training course for Deck Inland Cadets,
(5) One year theory and two years practical dockyard services for Engineering Cadets,
(6) Three months basic seamanship course for ratings as:
deck
- engine
- catering,
(7) Radar observer course,
(8) Short safety course, which include
firefighting
survival at sea
survival craft
first aid.
(9) Tanker safety course,
(10) refresher courses for examination preparation for various grades.
15.3. ENTRY REQUIREMENTS
15.3.1. Cadets for pre sea training
The entry requirements for the cadets for various pre sea training courses are:
(i) maximum age of 21 years,
(ii) must pass at least second year University level with major subject either in Physics or Mathematics,
(iii) must pass eye sight test conducted by the Department of Marine Administration,
(iv) must pass the medical examination.
The one year pre sea training courses are residential courses.
15.3.2. Basic Seamanship Courses
The entry requirements for the basic seamanship courses are:
(i) maximum age of 25 years,
(ii) must pass at least middle school qualification,
(iii) must pass eye sight test conducted by the Department of Marine Administration,
(iv) must pass medical examination.
The three months basic seamanship courses are also residential courses.
15.3.3. Radar Observer Course
Candidates are required to have at least three years service in deck department so as enable them to enroll for the radar observer course. The radar observer course is an important course for Deck Officers, and if a candidate cannot produce his valid Radar Observer Certificate upon claiming his Certificate of Competency it may cause difficulties and delays. Paragraph (21) of rules relating to the Examination for Master, First Mate and Second Mate Certificate of Competency states: "Radar Observer Certificate: No candidate for a Certificate of Competency as Second Mate Foreign going will be issued with the certificate unless or until he produces a Certificate of Proficiency as Radar Observer in Merchant Ships in a form as shown in Appendix I. A Radar observer certificate shall be valid for the purpose of this Rule if obtained after the completion of three years qualifying sea service reckoned in accordance with rules laid down in Chapter IV"
15.3.4. Tanker Safety Course
Six weeks course is conducted for officers and ratings with previous sea going service / experiences.
15.3.5. Short Safety Course
Two weeks short course which includes, fire fighting, survival at sea, survival crafts and first aid. It is open to all registered seamen.
15.3.6. Refresher Courses
Four months refresher courses ,also known as preparation for examination courses, for Second Mate (foreign going), First Mate (foreign going), Master (foreign going), Mate (home trade), Master (home trade), First Class Engineer, and Second Class Engineer Certificates of Competency examinations are available at the Institute of Marine Technology.
CHAPTER 16
SHIP CONSTRUCTION AND REPAIR FACILITIES
16.1. CONSTRUCTION
Burma Dockyard Corporation, which is under the Ministry of Transport and Communication is the construction shipyard in Burma, and it is only capable of constructing upto 1,000 deadweight tons. The coastal ships and inland craft are built at the Burma Dockyard Corporation whereas the foreign going ships are from foreign shipyards.
16.2. REPAIRS
As the Burma Dockyard Corporation's main task is for ship construction, the departments which have their own ships, such as Burma Port Corporation, Inlandwater Transport Corporation and the Department of Marine Administration have to provide their own small shipyards for repairs and maintenance of their ships. The repair facilities with limited range for the national ships and visiting ships are provided by the Burma Ports Corporation's shipyard. It is advisable for the Burma Dockyard Corporation to introduce the repair facilities to the national ships as well as the visiting ships as the ship repairing industry is:
(a) a high labour intensive industry, hence, its development, by requiring less capital and comparatively less know how per unit of employment opportunity created, appears to be much more suitable for developing countries faced with problems created by the existence of manpower surplus and unemployment,
(b) it tends to have a stronger bearing on the balance of payments problems, also on the development of a greater number of the other production sectors, the services and products of which would be needed for the carrying out of general repair work,
(c) the development of repair facilities is also the development locally of services for the classification of ships; this in its turn acts significantly as foreign exchange earner or saver,
(d) if the ship repairing facilities is established and developed it might facilitate the promotion of a ship building industry and specialization to meet the particular requirements of the national economy of the country.
CHAPTER 17
THE CLASSIFICATION SOCIETIES RECOGNIZED BY THE DEPARTMENT
OF MARINE ADMINISTRATION AND DETAILS OF STATUTORY
FUNCTIONS DELEGATED TO THE SOCIETIES
17.1. THE CLASSIFICATION SOCIETIES
For many years the classification societies have contributed immensely to the development of safety standards and ship design requirements. Without the tremendous research work of these societies in this field and their cordial understanding and co operation with the governments, the standards related to design and construction would not have been so advanced to day. The main objective of the ship classification is to promote safety at sea, for life, for ship and their cargoes and for the environment. Ship classification societies establish standards, guidelines and rules for the design, construction and survey of ships. The classification certificate is the document confirming that a ship has been built according to the rules, and that it has both structural and mechanical fitness for its intended service. Such certification is vital for the design, construction and operation of ships, and affects shipbuilding, shipping, marine insurance, broking and banking. In order to maintain its original standards, the vessel must presented for survey at periodical intervals as specified in the classification rules. Failing to meet these terms, or not complying with recommendations issued, may result in the suspension or cancellation of its class.
17.2. INTERNATIONAL ASSOCIATION OF CLASSIFICATION SOCIETIES [IACS]
The International Association of Classification Societies (IACS) was formally established in 1968 with three main purposes:
(i) to promote improvement of standards of safety at sea;
(ii) to consult and co operate with relevant international and maritime organizations;
(iii) to maintain close co operation with the world's maritime industries.
The International association of classification Societies is participated in by nine leading Classification Societies as:
(1) American Bureau of Shipping,
(2) Bureau Veritas,
(3) Det Norske Veritas,
(4) Germanisher Lloyd
(5) Lloyd's Register of Shipping,
(6) Nippon Kaiji Kyokai,
(7) Polski Rejestr Statkow,
(8) Registro Italiano Navale; and
(9) USSR Register of Shipping.
In addition there are three Associate members;
(1) DDR Schiffs Revision und Klassifikation,
(2) Jugoslavenski Registar Brodova,
(3) Korean Register of Shipping.
The governing body of the International Association of Classification Societies is the Council, which consists of one senior executive from each Member Society. The Council meets regularly once a year to conduct the activities of the Association. Meetings to deal with matters of immediate concern may be held more frequently and at short notice. The Council has agreed on numerous unified requirements, and on unified interpretations of international codes and conventions. Typical examples of International Association of Classification Societies requirements are:
- minimum longitudinal strength standard,
- special hull surveys of oil tankers,
- loading guidance information,
- use of steel grades for various hull members,
- hull and machinery steel castings,
- cargo containment on gas tankers,
- prototype testing and test measurements on tank containers,
- inert gas generating installations on vessels carrying oil in bulk.
Working groups are established by the Council in accordance with the charter of the Association. They include both permanent working groups and ad hoc groups. The general terms of reference of the working groups are:
(1) to draft unified rules and requirements between Member Societies;
(2) to draft responses to requests of the International Maritime Organization and to prepare unified interpretations of Conventions, Resolutions, Guides and Codes;
(3) to identify problems related to the working group's area of activity, and to propose the
association's action;
(4) to monitor the work of organizations related to the expertise of the working group, and to report the Council.
Since 1969, International Association of Classification Societies has been granted consultative status with the International Maritime Organization. A representative of International Maritime Organization has since then attended International Association of Classification Societies Council meetings and the Association representatives have regularly participated as observers at the meetings of the Assembly, the Maritime Safety Committee, the Marine Environment Protection Committee and different sub committees and working groups of the International Maritime Organization. Statutory work is carried out by the members of Association on behalf of the national Maritime Administrations, upon their authorization. Such authorization of statutory work is based on internationally adopted standards for the safety of life at sea as laid down in International Conventions, Codes, and Recommendations and in national regulations and may include design approval. It also includes authorization to issue the relevant certificates, to offer guidelines on specific items, and to serve in an advisory function in international forum. Through their global net of survey offices, members of Association know the shipping industry intimately. They have extensive resources in manpower and technology to undertake surveys, maintain records and conduct the technical reviews necessary to fulfill the various convention requirements. In addition to classification, Association members are therefore in a unique position to undertake worldwide statutory supervision, based on standards imposed in the countries where a ship is expected to trade. This dual function of classification and statutory work has the great advantage of one body being responsible for full technical supervision of the vessel, both during its construction and throughout its lifetime.
17.3. RECOGNIZED CLASSIFICATION SOCIETIES
The Department of Marine Administration, on behalf of the Government of the Union of Burma has recognized all the member societies of the International Association of Classification Societies, but presently the following classification societies are the societies which are delegated to survey, and to issue relevant statutory certificate on behalf of the Department of Marine Administration.
(1) Det Norske Veritas
(2) Germanisher Lloyd
(3) Lloyd's Register of Shipping
(4) Nippon Kaiji Kyokai.
17.4. STATUTORY FUNCTIONS DELEGATED TO THE SOCIETIES
The International Maritime Organization realizes the work load and actual difficulties and responsibilities on each Maritime Administration in implementing and enforcing the international conventions to which they are parties and recognizes the use of classification societies to relieve the Administrations of certain duties depending on each member State's national policy and availability of technical manpower. Since the ships which are registered under the bareboat charter basis are not calling at the home port (Rangoon), to obtain the smooth operation of the vessel the Department of Marine Administration has authorized the classification societies to survey and issue the relevant statutory certificate on behalf of the department. As regards national ships which are calling at the home port (Rangoon) regularly the classification societies are only authorized to survey and issue Load Line certificates and the rest of the surveys are carried out by the department's surveyors. 17.5. RESPONSIBILITY AND SUPERVISION
It is clearly stated in the conventions that "In every case, that Administration assumes full responsibility for the certificate". Although the Maritime Administrations delegate the work related to survey and certification to the classification societies, the responsibility is always on the Administration. Therefore it is of paramount importance to monitor / supervise the relevant work carried out by the classification societies. The Administration has to ensure that the requirements of the international conventions are met at all times. To obtain more effective supervision of the statutory survey works, it is advisable that the Administration should include the following conditions whenever there is the delegation of authority to classification societies for the statutory surveys and for the issue of the relevant certificates:
(1) The Administration shall receive a detailed report on each survey covering all requirements concerned;
(2) The Administration shall receive copies of all forms, reports, check lists and instructions that the Society sends to its surveyors;
(3) The Administration shall have access to any additional information deemed necessary;
(4) Surveyors from the Administration shall be allowed to participate in the surveys;
(5) the Society shall immediately notify the Administration when the class of the ship is suspended and give the reason for this.
In conclusion, it should not be a question of whether the Administration or the classification societies should carry out control of safety, pollution prevention, occupational safety etc... The aim should be to co operate and co ordinate in such a way that the optimum result is achieved.
CHAPTER 18
AIR / SEA SEARCH AND RESCUE
18.1. CONVENTION
The International Convention on Maritime Search and Rescue was adopted on the 27th. April 1979, and entered into force on the 22nd. June 1985. Its main purpose is to facilitate co operation between states and those participating in search and rescue operations at sea by establishing an international search and rescue plan. The technical provisions of the Convention are contained in an Annex consisting of six chapters as:
Chapter 1 Terms and definitions
Chapter 2 - Organization
Chapter 3 Co operation
Chapter 4 Preparatory measures
Chapter 5 Operating procedures
Chapter 6 Ship reporting systems
The Conference adopted eight Resolutions in addition to the Convention itself.
Resolution 1 urges States to co ordinate their Search and Rescue services and to forward details of their services to International Maritime Organization. It invites International Maritime Organization:
to continue to work closely with the International Civil Aviation Organization (ICAO) in order to harmonize aeronautical and maritime search and rescue plans and procedure,
to publish all available information concerning agreements on maritime search and rescue regions or arrangements for equivalent overall co ordination of maritime search and rescue service, and
to advise and assist States in the establishment of their search and rescue services.
Resolution 2 recommends that States arrange that participation in ship reporting systems be free of message cost to the ships concerned.
Resolution 3 invites International Maritime Organization to develop an internationally agreed format for ship reporting systems and to ensure that all reporting systems, established for purposes other than search and rescue are, as far as possible, compatible in reporting format and procedures with those to be developed for the purpose of search and rescue.
Resolution 4 urges the use of two manuals, both developed by International Maritime Organization. The first is the Merchant Ship Search and Rescue Manual (MERSAR) and the second the International Maritime Organization Search and Rescue Manual (IMOSAR).
Resolution 5 urges the World Administrative Radio Conference 1979 to allocate one frequency to be exclusively used for distress and safety purposes in each of the 4, 6, 8, 12 and 16 MHZ, maritime mobile bands, and to recognize that all telecommunications to and from the ships at sea may comprise elements of importance to search and rescue, and to support proposals for adequate frequency allocations to the maritime mobile service.
Resolution 6 invites the International Maritime Organization to develop a global maritime distress and safety system.
Resolution 7 invites the International Maritime Organization to work closely with World Meteorological Organization to explore the practicability of harmonizing the areas of maritime meteorological forecasts and warnings with maritime search and rescue regions, request the World Meteorological Organization to take steps to ensure that up to date meteorological and oceangraphical information is immediately available to the search and rescue services for the whole of the regions they serve and to investigate the feasibility of ships making weather reports and position reports to the same coast radio station.
Resolution 8 urges States to promote, in consultation with, and with the assistance of, the International Maritime Organization, support for States requesting technical assistance for,
the training of personnel necessary for search and rescue, and
the provision of the equipment and facilities necessary for search and rescue.
18.1.1. The Merchant Ship Search and Rescue (MERSAR)
The purpose of the Merchant Ship Search and Rescue is to provide guidance for those who during emergencies at sea may require assistance from others or who may be able to render such assistance themselves. In particular, it is designed to aid the master of any vessel who might called upon to conduct search and rescue operations at sea for persons in distress. It is also stated in the Regulation 10, Chapter V of the International Convention for Safety of Life At Sea 1974 that: " The master of a ship at sea, on receiving a signal from any source that a ship or aircraft thereof is in distress is bound to proceed with all speed to the assistance of the persons in distress informing them if possible that he is doing so ".
18.1.2. The International Maritime Organization Search and Rescue Manual(IMOSAR)
The International Maritime Organization Search and Rescue manual provides guidelines for a common maritime search and rescue policy, encouraging all Coastal States to develop their organizations on similar lines and enabling adjacent States to co operate and provide mutual assistance. Because maritime and aeronautical search and rescue organizations are complementary, the International Maritime Organization search and rescue manual has been aligned as closely as possible with the Search and Rescue Manual produced by the International Civil Aviation Organization, to ensure a common policy and to facilitate consultation of the two Manuals.
The International Maritime Organization Search and Rescue Manual has been divided into two sections.
Part 1 deals with the Search and Rescue Organization itself and includes matters relating to the organization of existing services and facilities and the establishment of additional services and facilities which are necessary to provide practical and economical search and rescue coverage.
Part 2 deals with search and rescue procedures and contains material designed to assist all personnel participating. The information contained in the Manual has been chiefly derived from information provided by States which have had considerable experience in the field of search and rescue.
18.2. SEARCH AND RESCUE SERVICE IN BURMA
Although there is no permanent search and rescue organization in Burma due to the relatively low density of traffic in coastal areas, the Department of Marine Administration can organize in short period to form the team of search and rescue, in co ordination with Defence Service Navy, Defence Service Air Force, Burma Ports Corporation and other departments for necessary assistance required by the case.
CHAPTER 19
ARRANGEMENT FOR NAVIGATIONAL CHARTS, NOTICES TO MARINERS AND NAVIGATIONAL WARNINGS
19.1. NAUTICAL PUBLICATIONS
The regulation 20, Chapter V of the International Convention for the Safety of Life at Sea 1974, regarding the nautical publication states clearly that:
"All ships shall carry adequate and up to date charts, sailing directions, list of lights, notices to mariners, tide tables and all other nautical publications necessary for the intended voyage."
19.2. NAVIGATIONAL WARNINGS
It is an obligation of the coastal state to provide the service of broadcasting the important navigation warnings and meteorological information. The regulation 4, Chapter V of the International Convention for the Safety of Life at Sea 1974, states:
the Contracting Governments undertake to co operate in carrying out, as far as practicable, the following meteorological arrangements:
(i) To warn ships of gales, storms, and tropical storms, both by the issue of radio messages and by the display of appropriate signals at coastal points.
(ii) To issue daily, by radio, weather bulletins suitable for shipping, containing data of existing weather, waves and ice, forecasts and when practicable, sufficient additional information to enable simple weather charts to be prepared at sea and also encourage the transmission of suitable facsimile weather chart.
19.3. ARRANGEMENTS IN BURMA
19.3.1. Navigational Charts
The survey and production of the charts for the coastal area is carried out by the Hydrographic Department of the Defence Service Navy. The production of the chart is limited, and only for the use of Naval ships and for coastal ships whereas the sea going ships rely on the foreign publications such as British Admiralty Publications.
19.3.2. Notices to Mariners
British Admiralty notices to Mariners are available at the Department of Marine Administration and the local changes are issued to public when they take place.
19.3.3. Navigational Warnings and Weather Bulletins
The navigational warnings for changes of position of light buoys, light vessels etc....... and weather bulletins are broadcast daily by the Coastal Radio (XYR).
CHAPTER 20
SYSTEM / ARRANGEMENT FOR PREVENTION / CONTROL /COMBAT OF MARINE POLLUTION
Ships have always used the waters on which they navigate to dispose of their operational waste. Formerly, such waste consisted of garbage and sanitary waste, but today ships also discharge oily residues, like bilge water, sludge and used oils. Chemical and oil tankers wash out dirty tanks to sea and also discharge their dirty ballast water. As Burma is a contracting state to the International Convention for the Prevention of Pollution from Ships 1973 / 78, it is an obligation to comply with the regulations contained in the Convention strictly.
20.1. PREVENTION AND CONTROL
To protect the marine environment by marine pollution from ships, it is the duty of the Maritime Administration to survey, inspect the ships according to the Convention requirements and to issue relevant certificates.
20.1.1. Minimizing the Operational Discharge
The requirements according to the International Convention for the Prevention of Pollution from Ships 1973 / 78, regarding the minimization of the operational discharge can be summarized as:
(1) "Oil" is defined as petroleum in any form including crude oil, fuel oil, sludge, oil refuse and refined products (other than petrochemicals),
(2) Specific criteria for the operational discharge of oil into the sea have been established,
(3) When discharging oil, tankers and other vessels must have in operation an oil discharge monitoring and control system and oil water separating filtering equipment,
(4) Certain regions, the Mediterranean Sea, the Black Sea, the Baltic Sea, the Red Sea and the Gulf area have been designated as "Special Areas" in which any discharge of oil or oily mixture into the sea is prohibited except segregated or clean ballast, or when the oil content of the effluent without dilution does not exceed 15 parts per million.
(5) Parties to the Convention are obliged to ensure the provision of adequate reception facilities for residues and oily mixtures at oil loading terminals, repair ports and in other ports in which ships have such residues to discharge.
(6) Certain requirements related to equipment and constructional features have been laid down as:
(a) Oil tankers must be fitted with oil discharge and monitoring equipment, with a recording device to provide a continuous record of discharge.
(b) Any ship of 400 tons gross tonnage and above must be fitted with an oily water separating equipment or filtering system.
(c) Oil tankers must be provided with suitable slop tank arrangements with the capacity necessary to retain the slops generated by tank washing, oil residues and dirty ballast residues.
(d) Separate pumping and piping arrangements.
(e) Proper keeping of Oil Record Book.
20.1.2. Minimizing the Accidental Discharge
The Requirements, according to the International Convention for the Prevention of Pollution from Ships 1973 / 78 regarding the minimization of accidental discharge can be summarized as:
(1) The size and arrangements of cargo oil tanks are limited to minimize the out flow of oil in cases of collision or stranding.
(2) New oil tankers must comply with the subdivision and damage stability requirements to ensure that they can survive assumed side or bottom damage.
(3) Protective location of segregated ballast tanks is the requirement that segregated ballast tank must be arranged in such locations as to provide protection of cargo tanks against rupture in the event of grounding or collision.
20.1.3. Procedures of Controls
Ship source pollution may damage fishing stocks and various other forms of marine life, and it also affects the tourist industries of countries. It is, thus, essential that the country takes action to reduce and control ship source pollution of the sea for the preservation of the marine environment. The action can be taken in three forms:
(1) As a flag state in respect of its ships, as such, it will prohibit national ships from discharging harmful substances. It will also enact provisions for the construction and equipment of national ships with a view to minimizing pollution;
(2) As a port state the action takes the form of inspection of foreign ships in national ports. As a corollary, a port state may extend it facilities for the reception of the operational waste from foreign ships visiting its ports;
(3) As a coastal state may apply provisions to ships navigating near its coasts. National legislation extends to the territorial sea and applies to ships navigating there. Thus, a coastal state may prohibit the discharge of harmful substances in its territorial sea by any ship, regardless of its flag.
20.2. COMBATING
As Burma is neither oil exporting nor importing country, and the international tanker route is far from the coast, there is no permanent combating organization in Burma. But the Department of Marine Administration in co operation with other departments concerned, are willing to provide all necessary assistance whenever the emergencies arises.
CHAPTER 21
RULES AND SYSTEM FOR HANDLING DANGEROUS GOODS IN PORTS
21.1. DANGEROUS GOODS CODE
The International Convention for the Safety of Life at Sea 1974, deals with various aspects of maritime safety and contains in Chapter VII requirements respecting the carriage of dangerous goods by sea. It is applicable to the dangerous goods in all ships covered by the Convention. The principal obligations of parties to the Convention are;
the carriage of dangerous goods is prohibited except in accordance with the provisions of that Chapter VII,
the issuing by parties to the Convention of detailed instructions on safe packing and stowage of dangerous goods or categories of dangerous goods, to supplement the provisions of the Chapter VII which do not apply to the ship's stores and equipment or to particular cargoes carried in ships specially built or converted as a whole for the purpose, such as chemical tankers.
although Chapter VII sets out the various classes of dangerous goods, it is still necessary to define the substances which would fall within each class.
It hardly needs to be stressed that it would benefit the increasing international movement of dangerous goods if the merchant fleets of the world adopted a single code of recommendation for the carriage of dangerous goods by sea.
Indeed, recommendation 56, adopted at the International Convention for Safety of Life at sea 1960, conference urged the contracting parties to adopt a "Unified International Maritime Code" for the carriage of dangerous goods by sea and recommended that International Maritime Organization pursue the study of the matter and prepare such a code. The International Maritime Dangerous Goods Code (IMDG Code) with its annexes and supplements, prepared in fulfillment of recommendation 56 is designed to aid compliance with the general requirements of Chapter VII and to complement and supplement them. The International Maritime Dangerous Goods Code, therefore should be used as the "Unified International Maritime Code" recommended by the International Convention for Safety of Life at Sea 1960 and also as a basis for the detailed instructions on the safe packing and stowage of dangerous goods contemplated in Chapter VII of International Convention for the Safety of Life at Sea 1974.
Dangerous goods are classed as:
(1) Class 1 Explosives
(2) Class 2 Gases; compressed, liquified or dissolved under pressure
(3) Class 3 Flammable liquids
(4) Class 4.1 Flammable solids
(5) Class 4.2 Substances liable to spontaneous combustion,
(6) Class 4.3 Substances which, in contact with water, emit flammable gases
(7) Class 5.1 Oxidizing substances
(8) Class 5.2 Organic peroxides
(9) Class 6.1 Poisonous (toxic) substances
(10) Class 6.2 Infectious substances
(11) Class 7 Radio active materials
(12) Class 8 Corrosives
(13) Class 9 Miscellaneous dangerous substances, that is any other substance which experience has shown, or may show, to be such a dangerous character that the provisions of this part shall apply to it.
21.2. APPLICATION IN BURMA
As Burma has adopted the International Convention for the Safety of Life at Sea 1974, and amendments, the carriage of dangerous goods by sea is also applicable. Together with the International Maritime Dangerous Goods Code, the Burma Explosive Manual and Burma Petroleum Rules are applied in such carriage. The Department of Marine Administration in co ordination with Burma Ports Corporation regulates the procedures for handling and signals to be displayed by the ships. The Burma Ports Corporation also regulates the movements within the port area, berthing places and anchorages according to the bye laws.
Although the International Maritime Dangerous Goods Code has been applied, this would still make it necessary to enact primary legislation enabling the adoption of the International Maritime Dangerous Goods Code as subsidiary legislation and providing for penalties for violation of the Code. Where, however, the code is only partially adopted or is wholly adopted with supplements or variations the legislation may have to provide for these differences. Whichever technique is adopted in individual countries, any national legislation relating to the carriage of dangerous goods must cover at least the followings:-
(a) Definition of dangerous goods;
(b) Prohibition of carriage of dangerous goods except in accordance with the International Maritime Dangerous Goods Code and penalties for violating such prohibition;
(c) Documentation and classification of dangerous goods;
(d) Markings;
(e) Packaging;
(f) Stowage;
(g) Carriage of dangerous goods in passenger ships;
(h) Explosives;
(i) Obligation to adhere to internationally accepted emergency procedure;
(j) Liability, obligatory insurance.
It is also to be borne in mind that the provisions of the International Maritime Dangerous Goods Code are the results of the work of International experts, voluminous, technical in nature and also the subject of revision by International Maritime Organization from time to time. Therefore it is neither necessary nor desirable to seek to redraft them in national legislation. The recommended course of action is therefore to adopt the International Maritime Dangerous Goods Code and to provide linkage to same through national legislation by reference, supplemented by national rules containing additional requirements for the sake of clarity or ease of implementation or for the protection of particular national maritime interest.
CHAPTER 22
CONCLUSIONS, SUGGESTIONS AND PROPOSALS
It can be observed from this study paper that the functions of a National Maritime Administration are numerous and varied in technical complexity. Obviously the functions of a Maritime Administration have to be those assigned to it within the frame work of the government's overall maritime policy and duly reflected in its maritime legislation. The overall maritime policy is that it has to encompass and be the end result of the state's policy approaches or attitudes or commitments as regards the international obligations and nature and extent of national maritime matters which are to be covered, controlled and / or regulated through the legislation. Burma is a member state of the International Maritime Organization and as a member state it is not only to comply with and implement the signed international conventions but also to participate in fulfilling the Organization's purposes as stated in Chapter 9. As for the national maritime matters, the functions of the Department of Marine Administration are to implement the policy decisions and to assist policy makers in developing a maritime policy. So it is very important for the Department of Marine Administration to observe the developments of maritime technologies and shipping matters closely and continuously to bring the Administration up to date.
In order to accomplish the international obligations and national maritime matters, the suggestions were made in the foregoing chapters, but to put all the suggestions together, the following are the summarized suggestions and proposals.
1. Legislation Although Burma Merchant Shipping Act covers most of the requirements of the safety and other maritime matters required internationally, some points such as fines and penalties which are still quoted in Rupees, need to change to the present Burmese currency of Kyats and the amount should be revised. Due to the changes in technologies, the sections relating to the technical matters should be reviewed. The Department of Marine Administration at present is using the International Conventions adopted by the Country as the instruments and there is no subsidiary legislation. As there are no subsidiary legislation (Regulations/ Rules) at present, they need to be promulgated under the present Merchant Shipping Act for better performances and smooth operations of the Department of Marine Administration. So as to avoid unnecessary inconveniences and difficulties at first stage in introducing the subsidiary legislation, it is advisable to introduce the important and necessary subsidiary legislation which, in the author's mind, are the following to be introduced at the first stage:
(a) Life Saving Appliances Rules,
(b) Fire fighting Appliances Rules,
(c) Load Lines Rules,
(d) Local Cargo Ship Safety Certificate Rules, and Country Craft Safety Certificate Rules as there are over 500 wooden ships of traditional build so called Schooners registered in Burma which also require optimum safety,
(e) Tonnage Rules.
and later the subsidiary legislation such as Navigational Equipment Rules. Muster Regulations, Crew Accommodation Rules etc.., are to be dealt with.
During the author's study at the World Maritime University he has also gathered necessary materials and has received valuable guidance from his Course Professor, which shall enable him to assist in the drafting of such rules / regulations. Further, the author has taken this opportunity to draft the Local Cargo Ship Safety Rules and the Country Craft Safety Certificate Rules, under the guidance of his Course Professor and these are shown as annex I and annex II to this study paper.
2. Co ordination / co operation with other departments: Proper understanding and inter relationship between the Department of Marine Administration and other departments related to the maritime interests are not only beneficial to the departments concerned but also necessary in national interest. The areas where the co ordination / co operations are extremely important are those related to implementation of international conventions, implementation of subsidiary legislation, reviewing of legislation, examination syllabuses, and combating oil pollution and operation of maritime search and rescue.
3. Recruitment and training of Surveyors: In order to perform the roles of the Department of Marine Administration effectively, the recruitment should be from amongst the appropriately qualified marine personnel and the appointments should be aimed at reflecting the objectives of the maritime safety. The Master of Science Degree of the World Maritime University in Maritime Safety Administration (both Nautical and Engineering) should be added as qualification required for the Surveyors and for their promotion. The course description for the degree in the Maritime Safety Administration from the World Maritime University shows the amount of knowledge acquired by the student from the unique university in this field.
Course description
A student who has fully qualified for entry into the course, and upon successful completion, would:
(a) have a general knowledge of the United Nations system,
(b) have a proper understanding of International Maritime Organization objectives, structure and work,
(c) have a good understanding of the roles and functions of a maritime administration,
(d) Have a good understanding of the principal maritime Conventions, Protocols and Codes and be acquainted with other related legal instruments,
(e) have adequate understanding of maritime operations, their interaction and interdependence, particularly in relation with:
(i) Utilization of the sea,
(ii) Maritime transport system,
(iii) Shipping economics,
(iv) Maritime Administration, Maritime Safety Administration,
(v) Principles of management,
(vi) Planning, design and construction of ships.
(f) be familiar with the essential and desirable matters required to be covered under the national legislation dealing with merchant shipping (e.g. National Merchant Shipping Act) and with the codification of provisions of international maritime conventions into national maritime legislation,
(g) be able to formulate national regulations in accordance with aforesaid International Maritime Organization and other relevant conventions and instruments,
(h) have a proper understanding of the implementation aspects of the national maritime legislation, particularly those pertaining to registration of ships, maritime safety, marine environment protection and marine personnel,
(i) be able to recommend an organizational structure capable of implementing national regulations,
(j) be familiar with the rules and procedures for registration of ships and related matters,
(k) be familiar with the theory, procedure and practice for the various and relevant surveys and certification of ships in accordance with the above mentioned International Maritime Organization Conventions etc.., and national requirements as related to his / her discipline,
(l) be capable of producing, organizing and conducting examinations for the issue of Certificate of Competency up to the highest national class in his / her discipline,
(m) (m) have adequate knowledge of maritime accident inquiry / investigation procedures,
(n) be able to deal with matters pertaining to wrecks and salvages as from the Administration,
(o) (o) have an understanding of the roles of national and international bodies concerned with maritime affairs,
(p) (p) be able to keep himself / herself abreast of modern developments in his / her field of expertise.
4. Surveys and Inspections of ships: The Department of Marine Administration has delegated some part of survey and inspection work to the Classification Societies. The Protocol of 1978 relating to the International Convention for the Safety of Life at Sea 1974 requires that the Administration of the Country shall fully guarantee the completeness and efficiency of the inspection and survey, and shall undertake to ensure the necessary arrangements to satisfy this obligation. In addition, depending on specific arrangements, the national administration may still retain authority for port state control inspections, mandatory annual surveys, or unscheduled inspections. This results in the conclusion that government maritime administrators still have the need for understanding the requirements and the methods of meeting the requirements including the ability to supervise the overall conduct of work being done on their behalf. In order to enable the control of the delegated surveys and inspections the Administration shall enter into the contract of agreement prior to the delegation of power to the Classification societies to conduct and issue survey certificates on behalf of the Administration. In such contract following points are to be included:
(i) Surveys are to be carried out in compliance with relevant Burma Merchant Shipping Act, and to the international conventions to which Burma has become a party;
(ii) The Classification society shall instruct its surveyors to notify the Department of Marine Administration, when it has reason to believe that a ship will go to sea without complying with the requirements, with regard to the seaworthiness of a ship;
(iii) The Administration shall receive a detailed report on each survey covering all requirements concerned;
(iv) The Administration shall receive copies of all forms, reports, checklists, and instructions that the society sends to its surveyors;
(v) The Administration shall have access to any additional information deemed necessary;
(vi) The surveyors from the Administration shall be allowed to participate in the surveys;
(vii) The society shall immediately notify the Administration when the class of a ship is suspended and give the reason for this.
5. Registration of ships: Fees and penalties in Burma Registration of Ships Act are still quoted in Rupees, which need to change to present currency of Kyats and the amounts should be revised.
6. Examinations and issue of Certificate of Competency: Due to the changes of maritime / shipping technologies and related matters, the examination syllabuses for Masters and Mates need to be reviewed time to time in co ordination with the Institute of Marine Technology. As Burma is a signatory state to the International Convention on Standards of Training, Certification and Watchkeeping for Seafarers 1978, whenever there is any modifications to the examination syllabuses, it should be within the framework of the convention.
7. Port State Control: The Department of Marine Administration is controlling the visiting ships according to the section 224F of Burma Merchant Shipping Act which states:
" Inspection and control of ships not registered in the Union of Burma". As most of the international conventions, such as International Convention for the Safety of Life at Sea 1974, International Convention for the Pollution from Ships 1973/78, International Convention on Loadlines 1966, and International Convention on Standards of Training, Certification and Watchkeeping for Seafarers 1978, require the control procedures, the Department of Marine Administration should make necessary modification for controlling procedures. Regarding modification of the control procedures, Resolution A 466 (XII) adopted by the Assembly of the International Maritime Organization should be consulted which states:
The Organization,
- adopts the improved Procedures for the Control of Ships and Guidelines thereto contained in the Annex,
- invites Member Governments and Contracting Governments to the aforementioned Conventions to implement Procedures and Guidelines,
- request the Governments concerned to provide information on:
(i) the services available in each country for the controlling functions under the relevant Conventions and when necessary to update the information previously submitted,
(ii) action taken in respect of ships found to be deficient in relation to the above Conventions in their role as either port or flag state Government.
request, the Maritime Safety Committee to continue its work on this subject with a view to improving the Procedures and Guidelines further as necessary and progressively to extend to cover:
(i) the Protocol of 1978 relating to the International Convention for the Safety of Life at Sea 1974,
(ii) the forthcoming amendments to the International Convention for the Safety of Life at Sea 1974; and
(iii) any new Conventions, when experience has been gained with these instruments,
request the Secretariat to update when necessary the information from Member
countries on inspection services available domestically and abroad, for circulation to Governments concerned.
The annex of the resolution contains 6 parts namely
(1) Introduction
(2) General
(3) Identification of a sub standard ship
(4) Submission of information to a port state about a sub standard ship.
(5) Action by port states in response to information about sub standard ships.
(6) Procedures to be followed after exercise of control.
8. Inquiries and investigations: Although Burma Merchant Shipping Act covers the requirements for the proper and effective procedure to conduct the inquiries and investigations into the shipping casualties there is also the need to have the standing instructions for the officers who are going to carry out the inquiries and these standing instructions should contain the purposes of the inquiries / investigations such as:
− to learn accident causes so that similar accidents can be prevented by mechanical improvements, better supervision or employee training,
− to determine the "change" or deviation that produced an "error" that in turn resulted in an accident,
− to publicize the particular hazard among employees and their supervisors, and to direct attention to accident prevention in general,
− to determine facts bearing on legal liability.
9. Institution for training of seafarers: As stated earlier, a ship is only as good as the men who man it and with the continuing technological developments in shipping, the human factor has become of great importance. It is obvious, therefore, that the training of maritime personnel must be given high priority. To achieve this necessary updating training, the lecturers from the Institute of Marine Technology or the seafarer who wishes to become a lecturer should undergo the Maritime Education and Training course at the World Maritime University.
10. Ports: For better co ordination and co operation, port bye laws are to be reviewed so as to keep the regulations abreast with the modern developments.
11 Shipping: As the Department of Marine Administration has the important roles and contributions to make as regards the development of the national shipping and it is desirable to adopt suitable procedures to ensure that acquisition of "sub standard ships" by the fleet is avoided. To keep the present shipping to the national / international standard, it is advisable to observe the international shipping continuously and to obtain better management and co operation among the trading states, and as well as with the Maritime Administrations of such other states regarding the maritime affairs. In this context it is suggested that the Marine / Engineering Superintendents of the shipping corporation may also be sent to the World Maritime University for the course leading to the Master of Science Degree in Technical Management of Shipping Companies.
12. Seamen Employment: The articles of agreement ( the contract of employment ) should be revised as there are some outdated clauses, such as fines, penalties etc.. The Seamen Employment Control Division of the Department of Marine Administration is responsible for the employment of the seamen not only on board the national ships but also on board the foreign ships. Therefore it is an important task for the Seamen Employment Control Division to observe the employment situations abroad continuously and also it is important to collect information of the foreign ships as to avoid the national seafarers being employed on board sub standard ships.
13. As at present there are no specific facilities created for the prevention / combat of oil pollution from ships, either in port or along coastal areas, a national contingency plan for the prevention and combat of oil pollution needs to be prepared. Further, there are great advantages to be gained through regional cooperation.
14. Similar to above it is necessary to have a national contingency plan for maritime search and rescue and to seek regional cooperation for promoting the safety of the life at sea, and to meet the relevant obligation under the International Convention for the Safety of Life at Sea 1974.
Finally, I wish to respectfully point out that while we in the Department of Marine Administration in Burma have done our work remarkably well, in spite of the constraints and limitations of a developing country, we cannot afford to be complacent and must aim to be amongst the best in the maritime world.
MERCHANT SHIPPING (LOCAL CARGO
SHIP SAFETY CERTIFICATE) RULES
In exercise of the power conferred by section ... ... of the Merchant Shipping Act, ... of ..... the President / Minister / (Government) of ... ... , hereby makes the following Rules:
PART I - GENERAL
Short title, commencement, application and interpretation
1. (1) These Rules may be called the Merchant Shipping (Local Cargo Ship Safety) Rules......., and shall come into force on ... ....
(2) They shall apply to:
(i) all seagoing cargo ships fitted with mechanical propulsion and not engaged on International voyages, other than pleasure craft, registered in ... ...;
(ii) all seagoing cargo ships fitted with mechanical propulsion and of less than 500 tons gross other than pleasure craft, not registered in ... .... while they are at a port or place in ... ....
Provided that they shall not apply to,
(a) any ship of keel of which was laid or was at a similar stage of construction on or before ... ; and
(b) any ship that in the ordinary course of her voyage would not have been required to comply with these Rules, and is compelled by stress of weather or by force majeure to take refuge in a port or place in ...... .
Definitions
2. In these Rules, unless the context otherwise requires:
"Act" means the Merchant Shipping Act;
"acceptable" means acceptable to Director General / Director; "adequate" means adequate in the opinion of Director General / Director;
"approved" means approved by the Director General / Director;
"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" includes life saving appliances, fire fighting appliances, navigational equipments, lights, sound signals, gangways, pilot ladders, and mooring lines;
"hull" includes all structural members of a ship, steering gear, hull plating, hull planking, frames, beams, girders, deck plating, deck planking, bulkheads, tanks, superstructures, deck houses, masts, riggings, rudders, anchors and cables;
"loadline" include all closing devices, watertight doors, sidescuttles, hatchcovers, shipside doors, shipside openings, shipside fittings, skylights, freeing ports, air pipes, sounding pipes, ventilators, marking of loadlines, means of crew protection on exposed decks and provision of stability data;
"machinery" includes all main propulsion machinery of a ship, generators, prime movers, fire pumps, bilge pumps, ballast pumps, circulating pumps, shafting, piping systems, propellers, switchboards, electrical equipment, boilers, pressure vessels, windlasses and means of crew protection in machinery spaces;
"Local Cargo Ship Safety Certificate" means a safety certificate granted by the Director General / Director under these Rules;
"radio" includes radio installations, survival radio equipment and means of radio operation;
"satisfactory" means satisfactory in the opinion of the Director General / Director;
"Surveyor" means a surveyor appointed under the Act, or any other person appointed in this behalf by the Government.
"tons" means gross tons;
"tonnage deck" in the case of decked ships, means the uppermost continuous deck having permanent means of closing the openings on deck;
Categorization of the ships
3. (1) For the purpose of these Rules the ships to which these Rules apply shall be arranged in the following categories:
(a) Category A ships are ships of 500 tons or more;
(b) Category B ships are ships of less than 500 tons but over 300 tons;
(c) Category C ships are ships of under 300 tons;
Trading Limits
4. The trading limits, if any, and the conditions for such trading, shall be specified in the certificate depending upon the category, size, type, construction and general suitability of the ship for which the Director General / Director considers her to be fit.
PART II - REQUIRED SAFETY CERTIFICATES
Category A ships
5. A category "A" ship shall not go to sea unless there is in force in respect of a Local Cargo Ship Safety Certificate and shall not go to sea on an international voyage unless there are in force in respect of the ship:
(a) a Cargo Ship Safety Equipment Certificate;
(b) a Cargo Ship Safety Radio Telegraphy / Telephony Certificate; (c) an International Load Line 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.
Category B ships
6. A category "B" ship shall not go to sea unless there is in force in respect of the ship a Local Cargo Ship Safety Certificate and shall not go to sea on an international voyage unless there are in force in respect of the ship:
(a) a Cargo Ship Safety Radio Telephony Certificate;
(b) an International Load Line Certificate; and
(c) 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.
Category B ships
7. A category "C" 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 if of more than 24 metres (79 feet) in length; and / or
(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 INSPECTION
Requirements for Categories A, B and C ships to be surveyed.
8. (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 (if any).
(2) A ship shall be surveyed:
(a) before the issue; and
(b) periodically during the currency, of a Local Cargo Ship Safety Certificate, in respect of the ship.
(3) The Director General / Director 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.
(4) A survey referred to in paragraph (2)(b) of this Rule shall be known as a periodical survey.
Periodic Surveys
9. (1) On the issue of a Local Cargo Ship Safety Certificate in respect of a ship, the Director General / Director shall nominate the date upon which that the ship shall, subject to this section, be surveyed in each subsequent year.
(2) Subject to paragraphs (3), (4) and (5) of this Rules, an annual periodic survey of a ship shall be carried out not more than three months before or after the date nominated under paragraph (1) of this Rule.
(3) Subject to paragraphs (4) and (5) of this Rule, not more than 15 months shall elapse between successive annual periodic surveys. (4) Where, in respect of the hull of a ship of Category A, B, or C:
(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 Director General / Director, 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,
so approves,
The Director General / Director may permit the survey of the parts of the hull that have not been surveyed under sub paragraph (a) of this paragraph 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 the machinery operation and of pressure vessels is carried out; and
(b) the Director General / Director, having regard 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.
Application for Survey
10. (1) An application for survey of a ship shall be in Form LCS 1. (2) The Director General / Director may require an application for survey to be accompanied by such plans and other documents as are, in his opinion, necessary or desirable.
Report by Surveyor
11. The report of the Surveyor shall be in Form LCS 2.
Declaration of Partial Survey
12. If a survey is carried out by a person other than the person completing the declaration referred to in the Act, the person who has carried out the survey shall complete a report and a declaration in Form LCS 3.
Declaration by Surveyor
13. The declaration by a Surveyor shall be in Form LCS 4.
Survey Master Sheet
14. (1) A Survey Master Sheet shall be in Form LCS 5.
(2) The owner or master of a ship in respect of which Local Cargo Ship Safety 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, by:
(i) the Director General / Director; or
(ii) a Surveyor; or
(iii) a person authorized by the Director General / Director;
the Survey Master Sheet to which the certificate relates, is guilty of an offence.
Penalty: A fine not exceeding ... ... ....
(3) A Surveyor who has carried out a survey or inspection shall endorse upon the Survey Master Sheet the results of that survey or inspection.
(4) On the expiration of the period for which a Local Cargo Ship Safety 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 Director General / Director.
Exemption from Survey
15. The Director General / Director may, subject to such conditions (if any) as he thinks fit, exempt a ship, or a particular category of ship, from compliance with any requirement of this Part.
PART IV - LOCAL CARGO SHIP SAFETY CERTIFICATES
Local Cargo ship Safety Certificates
16. A Local Cargo Ship Safety Certificate shall be in Form LCS 6.
Duration of Local Cargo Ship Safety Certificate
17. (1) Subject to endorsement under Rule 18 of these Rules shall remain in force for a period not exceeding four years from the date upon which it is granted.
(2) Notwithstanding paragraph (1) of this Rule, where, in the opinion of the Director General / Director, it would be reasonable to do so, he may, by endorsement on a Local Cargo Ship Safety 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.
Periodic Survey Endorsement
18. The Director General / Director shall, where:
(a) a periodic survey of a ship has been carried out; and
(b) he is satisfied that, in respect of the ship, there has been compliance with the requirements of these Rules,
endorse the Local Cargo Ship Safety Certificate of the ship accordingly.
Suspension or cancellation of Local Cargo Ship Safety Certificate
19. Where, in respect of a ship, the Director General / Director is not satisfied that there has been compliance with the requirements of these Rules he may:
(a) suspend the Local Cargo Ship Safety Certificate of the ship until he is so satisfied; or
(b) cancel the Local Cargo Ship Safety Certificate of the ship.
PART - V
DIVISION I - HULL
Design of Ships
20. The
(a) design of a ship, including the design of the hull superstructure, bulkheads, decks, deck houses, masts, riggings 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.
Hull construction
21. 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 24 metres (79 feet) or more in length, there shall be provided fire resistant sub divisions so that a fire in any space will not destroy all the fire pumps or life saving appliances carried in the ship; and
(l) there shall be provided such additional fire resistant or fire retarding subdivisions as, in the opinion of the Surveyor, 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;
(ii) for the control of watertight doors and fixed fire smothering appliances; 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) of this Rule, 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 sub divisions 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 24 metres (79 feet) 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.
Anchors and Cables
22. (1) A ship shall be equipped with:
(a) anchoring arrangements; and
(b) anchors; and
(c) subject to paragraph (2) of this Rule, 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 Director General / Director 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.
Sounding Pipes
23. (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.
Ventilators and Air pipes
24. (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.
Ship Side Fittings
25. (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 paragraph (1) of this Rule 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.
Rudder and Steering Gear
26. (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 paragraph (2) of this Rule shall:
(a) be capable of being brought rapidly into action; and
(b) enable the ship to be steered at a navigable speed.
(4) The Surveyor may, if he thinks fit, permit a device other than a rudder for the steering of a ship.
Cathodic Protection
27. (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 or gases.
(2) Where cathodic protection for the purposes of paragraph (1) of this Rule, other than by anodes, is fitted, impressed current methods of cathodic protection shall not be permitted.
Hull Requirements for Existing Ships
28. (1) Subject to paragraph (2) of this Rule, 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 Director General / Director 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
Application of this Division
29. 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.
Main and Auxiliary Machinery
30. (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.
First Starting Arrangements
31. A ship shall be provided with equipment for starting the main and auxiliary engines from dead ship conditions without external assistance.
Pressure Vessels
32. 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 Director General / Director.
Electrical Equipment
33. 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 ships.
Pumps and Piping Systems
34. (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 suction 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 more than five degrees.
(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 Director General / Director 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 pressure.
(5) The pumps and piping systems for the transfer of oil shall be separated from any other pump and piping system in the ship.
Boiler Feed System
35. 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.
Spare Gear and Tools
36. Such tools and spares 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.
Unmanned Machinery Spaces
37. 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.
Remote Control Systems
38. Systems in a ship for the remote control of auxiliary and main machinery, including the propeller, shall be acceptable.
Crew Protection in Machinery Spaces
39. (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 100o C or more, the pipe shall be adequately lagged.
Windlasses
40. 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.
Machinery Requirements for Existing Ships
41. (1) Subject to paragraph (2) of this Rule, 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 Director General / Director 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 - EQUIPMENT
SUBDIVISION
A Navigational Lights, Shapes and Sound Signals
42. A ship shall be provided with navigational lights, shapes and sound signals in accordance with the International Regulations for Preventing Collisions at Sea 1972.
Charts, Publications and Instruments
43. (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) The Director General / Director may exempt Category D ships from compliance with paragraph (1)(a) and (b) of this Rule.
Compasses
44. (1) In this section "compass" means magnetic compass.
(2) Subject to Rule 46 of these Rules, a ship that is 30 metres (100 feet) 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 with 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) periscope 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) spare compass bowl and card.
(3) Subject to Rule 46, a ship that is less than 30 metres (100 feet) in length shall carry the equipment required to be carried in a ship that is 30 metres(100 feet) or more in length, or:
(a) a steering compass as specified in paragraph (2)(a) of this Rule; 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 satisfaction of the Director General / Director.
Adjustment of Magnetic Compasses
45. (1) Where so required by a Surveyor, a ship shall be swung by a person approved by the Director General / Director to ascertain and, where necessary, reduce the deviation of the compasses carried on the ship.
(2) Where a ship has been swung under sub paragraph (1) of this Rule, the person carrying out the adjustment to the compasses shall make a statement setting out in a tabular form the deviations found and the size and position of any correctors used.
(3) A copy of the statement referred to in sub paragraph (2) shall be kept in a prominent place in the chartroom or wheelhouse of the ship to which the statement relates.
Gyro Compasses
46. 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 Director General / Director.
Leadlines
47. (1) Subject to paragraph (2) of this Rule, a ship shall carry two hand leadlines each consisting of a lead of at least 3 kilogrammes (7 lbs.) and a line of at least 45 metres (150 feet) 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.
Barometer
48. A ship that is 30 metres (100 feet) or more in length other than a Category D ship shall carry an efficient barometer.
Lanterns and Torches
49. (1) A ship that is 24 metres (79 feet) 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 Director General / Director; 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 24 metres (80 feet) in length shall carry:
(a) the equipment referred to in subparagraph (1); or
(b) a:
(i) waterproof electric torch suitable for morse signalling; and
(ii) spare set of batteries; and
(iii)spare bulb.
Communications from Bridge to Engine Room
50. (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 sub paragraph (1) may be:
(a) a voice pipe; or
(b) a telephone that is independent of the main source of power of the ship.
Boarding of Pilots
51. 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.
Gangways and Safety Nets
52. (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.
SUBDIVISION B LIFE SAVING APPLIANCES
For Categories A, B and C Ships
53. A ship shall carry Life Saving Appliances as specified in the Merchant Shipping (Life Saving Appliances) Rules.
SUBDIVISION C FIRE APPLIANCES
For Categories A, B and C Ships
54. A ship shall provided with Fire Fighting Appliances as specified in the Merchant Shipping (Fire Appliances) Rules.
DIVISION 4 RADIO
Radio
55. A ship (except Category C ship) shall be equipped with appropriate Radio installation as specified in the Merchant Shipping (Radio Installations) Rules.
DIVISION 5 EXEMPTIONS
Exemptions by Director General/Director
56. Where the Director General / Director is satisfied that it would be unreasonable or impracticable to apply any requirement of this Part to a ship or to a Category of ship, he may, subject to such conditions (if any) as he deems fit, exempt the ship, or the Category of ship, from compliance with that requirement.
Name of Country Form LCS 1 Application for Survey or Inspection
1. Name of Ship..........................................
2. Port of Registry......................................
3. Official Number.......................................
4. Registered Length.....................................
5. Tonnage : Gross.......................................
6. Name and address of Owners/Agents.....................
7. Number of crew........................................
8. Type of ship..........................................
9. Build of ship.........................................
10. Trade in which the ship is engaged....................
11. Address for delivery of Certificate and Survey Master Sheet.................................................
12. Nature of Survey or Inspection required:
(a) For Local Cargo Ship Safety Certificate
(1) Equipment (insert items)
(2) Hull (insert items)
(3) Load Line (insert items)
(4) Machinery (insert items)
(5) Radio (insert items)
(b) Special (In event of damage, accident or alteration to ship).
13. Name of Classification Society........................
14. Name of Load Line Assigning Authority.................
15. Proposed Arrangements for Survey or Inspection........ ...................................................... (State place and time of proposed survey and name of survey authority)
Owner/Master..................... Date.............................
Name of Country Form LCS 2 Report by Surveyor on completion of Survey
1. Name of ship ..........................................
2. Port of Registry.......................................
3. Official Number........................................
4. Name and address of Owners/Agents......................
5. Number of crew (including Master) .....................
I ....................... report that all survey sections in respect of the above-named ship have been completed.
...........Surveyor
...........Date
...........Port
═══════════════════════════════════════════════════════
Notes: Details of endorsement made on Local Cargo Ship Safety Certificate.
.......................Date of Endorsement .......................Officer signing endorsement
Name of Country Form LCS 3 Report and Declaration By Surveyor on Completion of Partial Survey or Inspection
1. Name of ship ..........................................
2. Port of Registry ......................................
3. Official Number .......................................
4. Name and address of Owners/Agents .....................
5. Number of crew (including Master) .....................
6. Items of Survey or Inspection carried out ............. .......................................................
7. On ........ 19 ...., I completed the Partial Survey / Inspection of the items referred to above and report as follows:
(a) General Report of Survey or Inspection ............ ...................................................
(b) Recommendations of Surveyor concerning Exemptions . ...................................................
(c) Details of endorsements made on Survey Master Sheet ...................................................
Surveyor .......... Date .............. Port ..............
8. In respect of the items referred to above, the above declared ship:
(a) complies with the requirements of the Merchant Shipping Act, ...; and
(b) is fit to ply on the following voyages / classes of voyage: ...........................................
(c) is fit to carry ...........................persons.
Surveyor ................ Date .................... Port of Survey ..........
Name of Country Form LCS 4 Declaration by Surveyor on Completion of Survey/Inspection
I, ....................... a Surveyor appointed under the Merchant Shipping Act ..., declare that:
(1) Surveyors' report and / or entries in the Survey Master Sheet relating to ....................................
Official Number .................. have been completed
or sighted by me; and
(2) to the best of my knowledge and belief, the ship complies with the safety requirements of the Merchant Shipping Act ; and
(3) in my opinion, having regard to the equipment, hull, loadline, machinery and radio, so far as surveyed, the ship is fit to:
(a) ply on the following voyages or classes of voyage .............................until ............... 19...........; and
(b) carry .....................................persons
Dated at ...................... this ...............day of ................................19.......
Surveyor ............... Date ................... Port of Survey..........
Name of Country Form LCS 5 SURVEY MASTER SHEET PART A:
1. Name of ship .........................................
2. Port of Registry .....................................
3. Official Number ......................................
4. Registered Length ....................................
5. Tonnages: Gross: ................ Net: ..............
6. Name and address of Owners/Agents .................... ......................................................
7. Number of crew (including Master) ....................
8. Category of Ship .....................................
9. Trade in which ship is engaged .......................
10. Name of Classification Society (if any) ..............
11. Name of Load Line Assigning Authority(if any) ........ ......................................................
12. Completion of Initial Survey ......................... Port .................... Date .................... Surveyor ................
13. Grant of Local Cargo Ship Safety Certificate Number .................. Date .................... Director General/Director .........
PART B:
EQUIPMENT
1. Name of Ship ..........................................
2. General Information Sheet .............................
3. Survey Record Sheet.................................... Item Number ........................................... Description ........................................... Initial Survey Date ................................... Periodic Survey Record ................................ 1st Year 19 ........................................... Signature ............................................. Date .................................................. Port ..................................................
2nd Year 19 ........................................... Signature .............................................
Date .................................................. Port ..................................................
3rd Year 19 ........................................... Signature .............................................
Date .................................................. Port ..................................................
4th Year 19 ........................................... Signature .............................................
Date .................................................. Port ..................................................
HULL
1. Name of Ship ..........................................
2. General Information Sheet .............................
3. Survey Record Sheet....................................
Item Number ........................................... Description ...........................................
Initial Survey Date ................................... Periodic Survey Record ................................
st Year 19 ........................................... Signature .............................................
Date .................................................. Port ..................................................
2nd Year 19 ........................................... Signature .............................................
Date .................................................. Port ..................................................
3rd Year 19 ........................................... Signature .............................................
Date .................................................. Port ..................................................
4th Year 19 ........................................... Signature .............................................
Date .................................................. Port ..................................................
LOAD LINE
1. Name of Ship ..........................................
2. General Information Sheet .............................
3. Survey Record Sheet....................................
Item Number ........................................... Description ...........................................
Initial Survey Date ................................... Periodic Survey Record ................................
1st Year 19 ........................................... Signature .............................................
Date .................................................. Port ..................................................
2nd Year 19 ........................................... Signature .............................................
Date .................................................. Port ..................................................
3rd Year 19 ........................................... Signature .............................................
Date .................................................. Port ..................................................
4th Year 19 ........................................... Signature .............................................
Date .................................................. Port ..................................................
MACHINERY
1. Name of Ship ..........................................
2. General Information Sheet .............................
3. Survey Record Sheet.................................... Item Number ........................................... Description ........................................... Initial Survey Date ...................................
Periodic Survey Record ................................
1st Year 19 ........................................... Signature .............................................
Date .................................................. Port ..................................................
2nd Year 19 ........................................... Signature .............................................
Date .................................................. Port ..................................................
3rd Year 19 ........................................... Signature .............................................
Date .................................................. Port ..................................................
4th Year 19 ........................................... Signature .............................................
Date .................................................. Port ..................................................
RADIO
1. Name of Ship ..........................................
2. General Information Sheet .............................
3. Survey Record Sheet.................................... Item Number ........................................... Description ........................................... Initial Survey Date ...................................
Periodic Survey Record ................................
1st Year 19 ........................................... Signature .............................................
Date .................................................. Port ..................................................
2nd Year 19 ........................................... Signature .............................................
Date .................................................. Port ..................................................
3rd Year 19 ........................................... Signature .............................................
Date .................................................. Port ..................................................
4th Year 19 ........................................... Signature .............................................
Date .................................................. Port ..................................................
PART C: RECORD OF SPECIAL SURVEYS AND INSPECTIONS.
Survey Section Details of damage accident or alteration Number and item Signature Date Port
PART D: RECORD OF EXEMPTIONS ISSUED
Note: Each entry to include port of issue, date of issue, and signature of exempting authority.
Section and item number Details of exemption Conditions Authority of exemption Date and port of issue
PART E: SURVEYORS' ENDORSEMENT
1. Section and item number ...............................
2. Surveyors' endorsements ...............................
3. Signature ............................................. Date .................................................. Port ..................................................
4. Surveyors' endorsements complied with. Signature ............................................. Date .................................................. Port ..................................................
Name of Country Form LCS 6 LOCAL CARGO SHIP SAFETY CERTIFICATE
Certificate Number..........
PART A: CERTIFICATE
1. Name of Ship ..........................................
2. Port of Registry ......................................
3. Official Number .......................................
4. Registered Length .....................................
5. Tonnages: Gross: .................. Net: ............
6. Name and address of Owners/Agents ..................... .......................................................
This is to certify that the above described ship:
(a) complies with the Merchant Shipping Act ; and
(b) is fit to carry not more than .............persons.
(c) is fit to ply on the following voyages or class of voyages ...........................................
This certificate is valid until .......................... subject to ...............................................
(a) compliance with the following conditions .......... ...................................................
(b) periodical surveys and inspections being carried out and recorded in accordance with the requirements of the Merchant Shipping Act ...; and
(c) endorsement by the Director General / Director in respect of periodic surveys.
Director General / Director ................ Date .....................................
PART B: PERIODIC SURVEY ENDORSEMENTS
First Periodic Second Periodic Third Periodic
Survey Date Survey Date Survey Date
…………… ……………… ………………..
Director General / Director
Director General/ Director Director General / Director
…………………….. ……………………….. ……………………….
Date of Endorsement Date of Endorsement Date of Endorsement
PART C: EXTENSION OF VALIDITY OF CERTIFICATE
In pursuance of the powers conferred on me by Section ... of the Merchant Shipping Act, I hereby grant and extension of the duration of this certificate until ........................................ ................................
Director General/Director .......... Date ...............................
MERCHANT SHIPPING ( COUNTRY CRAFT
SAFETY CERTIFICATE ) RULES
In exercise of the power conferred by section ... ... of the Merchant Shipping Act, ... of ... ... the President / Minister / (Government) of ... ..., here by makes the following Rules.
PART I GENERAL
Short title, commencement application and interpretations
1. (1) These Rules may be called the Merchant Shipping (Country Craft Safety Certificate) Rules, ... ... , and shall come into force on ... ... ....
(2) They shall apply to the Country Craft (Schooners) which are sea going wooden ships of primitive or traditional build.
Definitions
2. In these Rules, unless the context otherwise requires:
"Act" means the Merchant Shipping Act;
"acceptable" means acceptable to the Director General / Director; "adequate" means adequate in the opinion of the Director General / Director;
"approved" means approved by the Director General / Director;
"hull" include all structural members of a Country Craft and includes steering gear, hull planking, frames, beams, girders, deck planking, bulkheads, tanks, superstructures, deckhouses, masts, riggings, rudder, anchors and cables;
"machinery" includes all main propulsion machinery of a ship (schooner);
"satisfactory" means satisfactory in the opinion of the Director General / Director;
"tons" means gross tons;
"schooner" also means a Country Craft;
"buoyant apparatus" means floatation equipment (other than life buoys and life jackets) designed to support a specific number of persons who are in the water and of such construction that it retain its shape and properties;
"dip stick" means a stick soaked with burning oil placed in a container so that capable of producing a flame for about 10 minutes;
"Country Craft Safety Certificate" means a safety certificate granted for a Country Craft by the Director General / Director under these Rules;
"fair season" and "foul season" mean respectively the seasons specified as such in Schedule 1;
"Surveyor" means a surveyor appointed under the Act, or any other person appointed in this behalf by the Government.
Trading Limits
3. The trading limits of a Country Craft and the conditions for such trading shall be specified in the certificate depending upon the size, type, construction and general suitability as deemed fit by the Director General / Director considers.
PART II REQUIRED SAFETY CERTIFICATE
Safety Certificate
4. A Country Craft, shall not proceed to sea unless there is in force record of inspection certificate.
PART III SURVEYS AND INSPECTIONS
Requirements for Country Craft to be Inspected
5. (1) A Country Craft is subject to survey in respect of: (a)life saving appliances; and
(b) fire fighting appliances; and
(c) hull; and
(d) machinery.
(2) A Country Craft shall be inspected:
(a) before the issue; and
(b) annually there after.
Inspections
6. (1) On the issue of a Country Craft Safety Certificate in respect of a Country Craft, the Director General / Director shall nominate the date upon which that the Country Craft shall, subject to this section, shall be inspected subsequently.
(2) Where in respect of the hull of a Country Craft
(a) an annual inspection is made of the hull the Country Craft that can be inspected while the Craft is afloat; and
(b) the Director General / Director, having regard to:
(i) the construction, standard of the maintenance and age of the Country Craft; and
(ii) the trade in which the Country Craft has been, or is about to be, engaged,
so approves, the Director General / Director may extend the record of inspection up to one voyage, but not more than three months.
Application for Survey / Inspection
7. (1) An application for survey / inspection of a Country Craft shall be in Form CC 2.
(2) The Director General / Director may require an application for survey / inspection to be accompanied by such plans and other documents as are, in his opinion, necessary or desirable.
Report by Surveyor
8. The report of the Surveyor shall be in Form CC 2.
Exemption from Survey / Inspection
9. The Director General / Director may, subject to such conditions (if any) as he thinks fit, exempt a Country Craft, or a particular class / type of the Country Craft, from compliance with any requirement of this Part.
PART IV COUNTRY CRAFT SAFETY CERTIFICATE
Country Craft Safety Certificate
10. (1) A Country Craft Safety Certificate shall be in Form CC 3.
Duration of Country Craft Safety Certificate
11. A Country Craft Safety Certificate shall remain in force for a period of one year.
Suspension or Cancellation of Country Craft Safety Certificate
12. Where, in respect of a Country Craft, the Director General / Director is not satisfied that there has been compliance with the requirements of these Rules he may:
(a) suspend the Country Craft Safety Certificate until he is satisfied; or
(b) cancel the Country Craft Safety Certificate of the Country Craft.
PART V SAFETY
Design of Country Craft
13. The:
(a) design of a Country Craft, including the design of the hull, superstructure, bulkheads, decks, deckhouses masts and riggings; and
(b) materials with which the parts of a Country Craft referred to in paragraph (a) are to be constructed,
shall be adequate having regard to the intended service of the Country Craft.
Hull Construction
14. A Country Craft shall be so built that the structural strength shall be adequate having regard to the intended service.
Anchor and Cables
15. (1) A Country Craft shall be equipped with:
(a) anchoring arrangements; and
(b) anchors; and
(c) chain cables; ropes constructed of wire or other material, may be substituted for chain if the Director General / Director is satisfied as to its strength.
(2) Acceptable means shall be provided for the safe stowing of: (a)anchors; and
(b) the chain cables or ropes,
of the Country Craft.
Sounding Arrangements
16. A Country Craft shall have provision for sounding the depth of water which may be present in its bilges.
Rudder and Steering Gear
17. (1) A Country Craft 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 Country Craft in the event of failure of the main steering system.
(3) The adequate provision referred to in paragraph (2) of this Rule shall:
(a) be capable of being brought rapidly into action; and
(b) enable the Country Craft to be steered at a navigable speed.
(4) The Director General / Director may, if he thinks fit, permit a device other than a rudder for the steering of a Country Craft.
Inspection of the Hull
18. (1) The hull shall be inspected to determine whether the Country Craft is staunch and tight and whether she is strong enough for the service intended.
(2) Joints in planking and caulking shall be carefully examined.
(3) In the case of decked Country Craft, it shall be ensured that deck planking is in good condition and properly caulked and that efficient means of battening down the hatches is provided.
(4) It shall be ensured that:
(i) the anchor, chain or ropes are sufficient and efficient; and
(ii) the masts are strong and properly constructed for use of sails; and
(iii)sails are of strong and durable material and in good condition and of sufficient area to enable efficient navigation under sails alone; and
(iv) all blocks, pulleys and ropes are in good condition and of sufficient strength.
(5) Special attention shall be paid to the condition of the rudder and helm and their fastenings.
(6) All pumps shall be tested for efficiency by actual working them for not less than 10 minutes.
Machinery Installation
19. (1) Before a Country Craft is to be fitted with an engine, she shall be inspected by a Surveyor to ascertain whether the hull is of adequate strength for the engines to be installed.
(2) The engines shall be fitted and necessary tests and speed trials carried out to the satisfaction of a Surveyor.
(3) Unless the Surveyor has any reason to doubt the efficiency of an engine, complete dismantling and inspection need only be carried out once in three years.
Fuel Tanks
20. The fuel storage tanks for the running of the engine shall be properly constructed and permanently fixed in the ship.
Navigational Lights
21. A Country Craft shall be provided with navigational lights, shapes and sound signals in accordance with the International Regulations for Preventing Collision at Sea.
Compasses
22. A steering magnetic compass that is:
(a) so placed in the Country Craft as to be easily visible to the helmsman; and
(b) fitted with means of lighting.
Lead Lines
23. A Country Craft shall carry two hand lead lines each consisting of a lead of at least 7 pounds and a line of at least 150 feet (25 fathoms) in length marked in accordance with the normal practice of seamen.
Communication from bridge to Engine Room
24. (1) A Country Craft shall be equipped with an efficient means of communication, other than the telegraph, between the bridge and the engine room.
(2) The means of communication referred to in paragraph (1) of this Rule may be a voice pipe.
Life Saving Appliances
25. The following life saving appliances are to be carried on board the Country Craft:
(a) buoyant apparatus capable of supporting all persons on board; and
(b) life jackets for all persons on board plus three spares; and
(c) at least two life buoys; and
(d) twelve number dip sticks; and
(e) a one gallon jerry can of fresh water.
Fire Fighting Appliances
26. The following fire fighting appliances are to be carried on board the Country Craft:
(a) a fire pump; and
(b) (i) two portable fire extinguishers suitable for oil fires to be kept in machinery space;
(ii) one portable fire extinguisher either foam or dry powder type; and
(c) a proper alarm system.
SCHEDULE 1
Fair and Foul Seasons
(1) West Bengal and Arakan Coast
1st April to 15th August Foul
16th August to 30th September Fair
1st October to 15th November Foul
16th November to 31st March Fair
(2) Rest of Burma
1st May to 31st August Foul
1st September to 30th April Fair
SCHEDULE 2
Forms
Name of Country Form CC 1 Application for Survey / Inspection
1. Name of Country Craft .................................
2. Port of Registry ......................................
3. Official Number .......................................
4. Tonnage: Gross ................... Net ................
5. Name and address of Owners/Agents .....................
6. Number of crew ........................................
7. Year of built .........................................
8. Last dry docked date ..................................
9. (a) life saving appliances (insert items)
(b) fire fighting appliances (insert items)
(c) hull (insert items)
Owner/Master ..... Date .............
Name of Country Form CC 2
Report by Surveyor on Completion of Survey/inspection
1. Name of Country Craft ................................
2. Port of Registry ......................................
3. Official Number .......................................
4. Name and address of Owners/Agents .....................
5. Number of crew ........................................
I ................... report that all inspections in respect of the above named Country Craft have been completed.
............Surveyor ............Date ............Port
═══════════════════════════════════════════════════════
Note: Details of endorsement made on Country Craft Safety Certificate.
.................. ……………………….
Date of Endorsement . . Officer signing endorsement
Name of Country Form CC 3
Country Craft Safety Certificate
Certificate number ......
1. Name of Country Craft ...................................
2. Port of Registry ........................................
3. Official Number .........................................
4. Tonnages: Gross ..................Net ...................
5. Number of crew ..........................................
6. Name and address of Owners/Agents ......................
certify that the above described Country Craft:
(a) complies with the Merchant Shipping Act ...; and
(b) is fit to carry not more than ..... crew; and
(c) is fit to ply on the following voyages/seasons: ...................................................... ......................................................
this certificate is valid until ..........................
Director General / Director .......... Date ..........
Tuesday, December 25, 2007
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