PART VII | Responsibilities of shipowner |
20.—(1) Every owner of a ship shall be responsible for the assignment of seafarers in the ship in accordance with the Convention, the DSC Code, the HSC Code, the ISPS Code and the WIG Craft Regulations and shall ensure that —| (a) | each seafarer assigned to the ship holds an appropriate certificate in accordance with the provisions of the Convention, the DSC Code, the HSC Code, the ISPS Code and the WIG Craft Regulations; [S 681/2011 wef 01/01/2012] [S 201/2010 wef 01/04/2010] | | (b) | the ship is manned in compliance with the applicable safe manning requirements; | | (c) | documentation and data relevant to all seafarers employed on its ships are maintained and readily accessible, and include, without being limited to, documentation and data on their experience, training, medical fitness and competency in assigned duties; | | (d) | seafarers, on being assigned to the ship, are familiarised with their specific duties and with all ship arrangements, installations, equipment, procedures and ship characteristics that are relevant to their routine or emergency duties; [S 681/2011 wef 01/01/2012] | | (e) | the ship’s complement can effectively co-ordinate their activities in an emergency situation and in performing functions vital to safety, to security and to the prevention or mitigation of pollution; [S 681/2011 wef 01/01/2012] | | (f) | seafarers assigned to any of its ships have received refresher and updating training as required by the Convention; [S 681/2011 wef 01/01/2012] | | (g) | arrangements are made to provide rest periods for —| (i) | watchkeeping personnel, and those whose duties involve designated safety, security and prevention of pollution duties on board any ship, other than an MLC ship, in accordance with the provisions of section A-VIII/1 of the STCW Code; or | | (ii) | seafarers on board any MLC ship in accordance with the Merchant Shipping (Maritime Labour Convention) Act 2014; [S 183/2014 wef 01/04/2014] |
| | (h) | the efficiency of all watchkeeping personnel is not impaired by fatigue, and duties are so organised that the first watch at the commencement of a voyage and subsequent relieving watches are sufficiently rested and otherwise fit for duty; [S 681/2011 wef 01/01/2012] | | (i) | at all times on board its ships, there shall be effective oral communication in accordance with chapter V, regulation 14, paragraphs 3 and 4 of the International Convention for the Safety of Life at Sea, 1974, (SOLAS) as may be amended by the IMO and accepted by the Government; [S 681/2011 wef 01/01/2012] | | (j) | adequate measures are established for the purpose of preventing drug and alcohol abuse; and [S 681/2011 wef 01/01/2012] | | (k) | masters, officers and other personnel assigned specific duties and responsibilities on board its dynamically supported craft, high speed craft, WIG craft, chemical tankers, oil tankers, liquefied gas tankers, passenger ships and ro-ro passenger ships have received appropriate training and instructions to attain the abilities that are appropriate to the capacities in which they are employed and the duties and responsibilities to be undertaken. [S 681/2011 wef 01/01/2012] |
| (2) Any owner of a ship who breaches or fails to comply with any of his obligations under paragraph (1) shall be guilty of an offence and shall be liable on conviction to a fine not exceeding $10,000. |
| (3) In this regulation, “owner of a ship” includes any person such as the manager, or the bareboat charterer, who has assumed the responsibility for operation of the ship from the shipowner and who, on assuming such responsibility, has agreed to take over all the duties and responsibilities imposed on the owner of the ship by these Regulations. |
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21.—(1) The Director may authorise an officer of the Authority to go on board any ship to —| (a) | verify that all seafarers serving on board who are required to be certificated in accordance with the Convention hold an appropriate certificate or a valid dispensation, or provide documentary proof that an application for an endorsement has been submitted to the foreign maritime administration in accordance with regulation I/10, paragraph 5 of the Convention; | | (b) | verify that —| (i) | every person serving on board a Singapore registered ship who is required to be certificated in accordance with the DSC Code, the HSC Code, the WIG Craft Regulations, the IGF Code or the Polar Code; and | | (ii) | every person serving on board a foreign registered ship who is required to be certificated in accordance with the HSC Code, the WIG Craft Regulations, the IGF Code or the Polar Code, |
| holds an appropriate certificate, or a valid dispensation; |
[S 201/2010 wef 01/04/2010] [S 671/2016 wef 01/01/2017] | | (c) | verify that the numbers and certificates of the seafarers serving on board are in conformity with the applicable safe manning requirements; and | | (d) | assess, in accordance with section A-I/4 of the STCW Code, the ability of the seafarers of the ship to maintain watchkeeping and security standards, as appropriate, as required by the Convention if there are clear grounds for believing that such standards are not being maintained because any of the following has occurred:| (i) | the ship has been involved in a collision, grounding or standing; | | (ii) | there has been a discharge of substances from the ship when underway, at anchor or at berth which is illegal under any international convention; | | (iii) | the ship has been manoeuvred in an erratic or unsafe manner whereby routeing measures adopted by the IMO or safe navigation practices and procedures have not been followed; or | | (iv) | the ship is otherwise being operated in such a manner as to pose a danger to persons, property, the environment or a compromise to security. [S 681/2011 wef 01/01/2012] |
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(2) Deficiencies that are deemed to pose a danger to persons, property or the environment include the following:| (a) | failure of seafarers to hold a certificate, to have an appropriate certificate, to have a valid dispensation or to provide documentary proof that an application for an endorsement has been submitted to the foreign maritime administration in accordance with regulation I/10, paragraph 5 of the Convention; | | (b) | failure to comply with the applicable safe manning requirements; | | (c) | failure of navigational or engineering watch arrangements to conform to the requirements specified for the ship under regulation 18 of Chapter V of the Merchant Shipping (Safety Convention) Regulations (Rg 11); | | (d) | absence in a watch of a person qualified to operate equipment essential to safe navigation, safety radio-communications or the prevention of marine pollution; [S 681/2011 wef 01/01/2012] | | (e) | inability to provide for the first watch at the commencement of a voyage, and for subsequent relieving watches, persons who are sufficiently rested and otherwise fit for duty; and [S 681/2011 wef 01/01/2012] | | (f) | failure to maintain security duties. [S 681/2011 wef 01/01/2012] |
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| (3) Failure to correct any of the deficiencies referred to in paragraph (2), in so far as it has been determined by the Director that they pose a danger to persons, property, the environment or a compromise to security, shall be the grounds, under these Regulations, on which the Director may cause a ship to be detained. [S 681/2011 wef 01/01/2012] |
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| Unlawful authorisation to perform function or service |
| 22. Any master who has allowed any function or service in any capacity required by these Regulations to be performed by a person holding an appropriate certificate, to be performed by a person not holding the required certificate or a valid dispensation, or not having the documentary proof required by regulation I/10, paragraph 5 of the Convention, shall be guilty of an offence and shall be liable on conviction to a fine not exceeding $10,000. |
| 23.—(1) The Director may, subject to the provisions of the Convention and paragraph 3 of chapter 18 of the HSC Code, exempt any person or ship, or description of persons or of ships, from all or any of the provisions of these Regulations subject to such conditions as he thinks fit to impose. [S 201/2010 wef 01/04/2010] | (2) The Director may exempt any person or WIG craft, or description of persons or of WIG craft, from all or any of the provisions of these Regulations, subject to such conditions as he thinks fit to impose. [S 201/2010 wef 01/04/2010] |
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| Holder of certificate with disease or disability |
24.—(1) The Authority may cancel or suspend any certificate issued by the Director under these Regulations if the holder of the certificate is suffering from a disease or disability which, in the opinion of the Authority, makes him incapable of discharging his ordinary seagoing duties adequately.| (2) The Authority shall not cancel or suspend any certificate under paragraph (1) until the holder of the certificate has been notified in writing to appear before the Authority to show cause why the certificate should not be cancelled or suspended. |
| (3) Where the holder of the certificate appears to show cause under paragraph (2), his certificate shall be suspended until the decision of the Authority is made known to him. |
| (4) Where the holder of the certificate fails to appear before the Authority as provided in paragraph (2), the Authority shall forthwith cancel his certificate. |
(5) For the purposes of this regulation and regulations 25 and 26, “certificate issued by the Director under these Regulations” includes —| (a) | any certification by the Director that an officer or person has satisfied the conditions as to training and service as the Director may specify under regulation 15(1) or has completed such additional training and service as the Director may specify under regulation 15(2); and | | (b) | any certification by the Director in respect of any rating under regulation 18. |
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25. If the holder of any certificate issued by the Director under these Regulations proves to the satisfaction of the Director that he has, without fault on his part, lost or been deprived of the certificate already issued to him, the Director may, upon payment of the prescribed fee, issue to him —| (a) | a certified copy of the certificate; or | | (b) | a certificate equivalent to the certificate which he has lost or been deprived of. |
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| Cancellation and suspension of certificate |
| 26. Any certificate issued by the Director under these Regulations may be cancelled or suspended by him if the holder of the certificate fails to comply with any of the provisions of these Regulations. [S 775/2024 wef 01/11/2024] |
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