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Merchant Shipping (Crewmen) Regulation 1976

This reprint of this Statutory Instrument incorporates all amendments, if any, made before25 November 2006 and in force at  1 July 2001.


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


INDEPENDENT STATE OF PAPUA NEW GUINEA.

Chapter 242C.

Merchant Shipping (Crewmen) Regulation 1976

ARRANGEMENT OF SECTIONS.

Merchant Shipping (Crewmen) Regulation 1976

MADE under the Merchant Shipping Act 1975.


Dated                   200 .


PART I. – PRELIMINARY.

  1. INTERPRETATION.

In this Regulation, unless the contrary intention appears–

“an engineer” means a person having a grade of qualification specified in Part B of Schedule 2;

“engine power”, in relation to a ship, means the total delivered shaft power of the engines installed for the propulsion of the ship measured in kilowatts;

“Foreign Going Voyage” means a voyage between–

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

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

but does not include a Pacific Islands Voyage;

“Pacific Islands” means any place outside Papua New Guinea within the limits of latitude 5° North and 35° South and of longitude 156° West and 130° East;

“Pacific Islands Voyage” means a voyage between–

(a) a place or port in Papua New Guinea and a place or port in the Pacific Islands; and

(b) a place or port in the Pacific Islands and another place or port in the Pacific Islands;

“Papua New Guinea Voyage” means a voyage between a place or port within Papua New Guinea and another place or port within Papua New Guinea and, in relation to a ship that is an offshore ship, means the operation of the ship as an offshore ship;

“qualified first aid attendant” means a crewman who satisfies the Safety Officer that he has satisfactorily completed a course of instruction in first aid;

“Seaman (Class 1)” means a person having a grade of qualification specified as Grade 9 in Schedule 2.

PART II. – SCALES OF CREWMEN.

  1. SCALE OF QUALIFICATION OF CREWMEN.

(1) A crewman may be qualified in one or more of the grades specified in Schedule 2.

(2) The grade of qualification specified in Column 1 of Schedule 2 is the grade of qualification of a crewman specified opposite in Column 2.

  1. DECK MANNING SCALE.

(1) Subject to Subsection (3), the scale of qualified crewmen to be carried as deck crew is as specified in Schedule 3.

(2) Subject to Subsection (3), the numbers and grades of qualified crewmen required to be carried as deck crew in a ship of a length specified in Column 1 of Schedule 3 are, in the case of–

(a) a Foreign Going Voyage–as specified opposite in Columns 2 and 3; and

(b) a Pacific Islands Voyage–as specified opposite in Columns 4 and 5; and

(c) a Papua New Guinea Voyage–as specified opposite in Columns 6 and 7.

(3) Where the length of a ship exceeds 70 m the ship shall carry as deck crew such number of Seamen (Class 1) as the Safety Officer determines.

  1. ENGINE ROOM MANNING SCALE.

(1) Subject to Subsection (4), a ship shall carry qualified crewmen as engine room crew of such grades as are specified in Schedule 4.

(2) The grade of qualification of crewmen required to be carried as engine room crew in a ship having an engine power specified in Column 1 of Schedule 4 is as specified opposite in Column 2.

(3) A ship that is–

(a) 50 m or more in length shall carry at least two qualified crewmen; and

(b) less than 50 m in length shall carry at least one qualified crewman,

as engine room crew.

(4) Where at least two engineers are required to be carried in a ship, the grade of the second engineer may be, in the case of–

(a) a Foreign Going Voyage–not more than one grade; and

(b) a Pacific Islands Voyage–or a Papua New Guinea voyage, not more than two grades,

below that of the first engineer.

PART III. – CERTIFICATES OF COMPETENCY.

  1. ISSUE OF CERTIFICATE OF COMPETENCY.

(1) A certificate of competency shall be in Form C. 1.

(2) A person may apply to the Safety Officer for the issue of a certificate of competency.

(3) The Safety Officer may determine–

(a) the age of; and

(b) the standards of competency and experience to be attained by; and

(c) the extent (if any) of qualifying sea service to be required of; and

(d) any medical examinations to be undergone by,

an applicant for the issue of a certificate of competency.

(4) The Safety Officer may–

(a) specify the examinations to be passed by; and

(b) nominate institutions to conduct examinations of; and

(c) make rules for the conduct of examinations of; and

(d) appoint persons to be examiners of,

applicants for the issue of certificates of competency.

(5) The Safety Officer may, subject to such conditions as he thinks fit, exempt a person from examination in any subject or subjects where the person has been–

(a) a member of a naval force; or

(b) the holder of a certificate–

(i) issued under a law of Papua New Guinea or of any other country; and

(ii) entitling the person to be employed as a crewman.

(6) Where the Safety Officer is satisfied as to the–

(a) age; and

(b) medical fitness; and

(c) conduct; and

(d) experience; and

(e) standard of competency; and

(f) length of sea service,

of a person making application under Subsection (2), he shall issue to that person a certificate of competency.

  1. LOSS OF CERTIFICATE OF COMPETENCY.

(1) A qualified crewman who–

(a) loses the certificate of competency issued to him under Section 5(6); and

(b) fails, without reasonable cause, to notify the Safety Officer of the loss,

is guilty of an offence.

Penalty: A fine not exceeding K20.00.

(2) Where–

(a) a qualified crewman loses the certificate of competency issued to him under Section 5(6) and the Safety Officer is satisfied that the certificate of competency cannot be found; or

(b) a certificate of competency is defaced, damaged or rendered illegible,

the Safety Officer may issue to that crewman a certified copy of the certificate and the certified copy so issued shall be deemed to be the certificate of competency issued under Section 5(6).

  1. FALSE STATEMENTS IN APPLICATION FOR CERTIFICATES.

A person who knowingly–

(a) makes; or

(b) assists in making; or

(c) procures to be made,

a false statement in an application for the issue of a certificate of competency is guilty of an offence.

Penalty: A fine not exceeding K100.00.

PART IV. – AGREEMENTS.

  1. AGREEMENTS.

(1) Subject to Subsection (2), an agreement shall be in Form C. 2.

(2) An employer and an employee may, with the approval of a Shipping Officer, agree to vary the terms and conditions of Part B of an agreement.

  1. NOTICE OF INTENTION TO ENTER INTO AN AGREEMENT.

(1) An employer shall give notice to a Shipping Officer of his intention to enter into an agreement.

(2) A notice given under Subsection (1) shall specify–

(a) the name of the ship, or ships, to which the agreement relates; and

(b) the date on, and the time and place at which it is proposed to enter into the agreement; and

(c) the name and grade of qualification of the proposed employee; and

(d) the capacity in which the proposed employee is to be employed.

(3) Subject to Subsection (5), an employer who refuses, or fails without reasonable cause, to give notice before the prescribed time to a Shipping Officer of his intention to enter into an agreement is guilty of an offence.

Penalty: A fine not exceeding K100.00.

(4) Subject to Subsection (5), the prescribed time referred to in Subsection (3) is 24 hours before the time specified by the employer in a notice under Subsection (2)(b) as being the time at which he proposes to enter into an agreement with the employee.

(5) Where, in the opinion of the Shipping Officer, compliance with Subsection (1) would unreasonably delay a ship from proceeding on a voyage, he may accept a lesser period of notice than that specified in Subsection (4).

  1. APPROVAL OF AN AGREEMENT.

(1) An employer shall prepare, execute and lodge with a Shipping Officer, Part B of each proposed agreement.

(2) Where a Shipping Officer approves Part B of a proposed agreement he shall endorse his approval on it and return it as soon as practicable to the employer.

(3) Where Part B of a proposed agreement is endorsed under Subsection (2), the employer and the crewman to whom Part A of the proposed agreement relates may execute Part A of the proposed agreement.

(4) After execution of Part A of an agreement the employer shall–

(a) retain; and

(b) deliver to the crewman,

a certified copy of Part A of the agreement.

(5) Where an agreement is first entered into, the employer shall, within 24 hours after Part A of the agreement is executed, notify a Shipping Officer that the agreement has been executed.

(6) An employer who fails without reasonable cause to comply with Subsection (5) is guilty of an offence.

Penalty: A fine not exceeding K20.00.

(7) Where a certified copy of Part A of an agreement is delivered to a crewman under Subsection (4), the crewman shall affix the certified copy to his Employment Record Book.

(8) Where it is proposed that Part B of an agreement be amended the employer shall deliver–

(a) a certified copy of that Part; and

(b) a statement–

(i) referring to the certified copy; and

(ii) setting out details of the proposed amendment,

to a Shipping Officer.

(9) Where a Shipping Officer approves a proposed amendment to Part B of an agreement he shall–

(a) endorse his approval on; and

(b) return to the employer,

the certified copy of that Part and the statement delivered under Subsection (8).

  1. COPIES OF AN AGREEMENT.

(1) Where an agreement is in respect of employment on–

(a) one ship, Part B of the agreement shall be exhibited at all times in conspicuous place in the ship; or

(b) more than one ship–

(i) Part B of the agreement shall be kept at a place ashore in Papua New Guinea; and

(ii) a copy of that Part shall be exhibited at all times in a conspicuous place in each ship to which the agreement relates.

(2) A copy of Part B of an agreement exhibited under Subsection (1)(b) shall–

(a) be certified as a true copy by the master of each ship to which it relates; and

(b) have endorsed on it–

(i) the place at which; and

(ii) the person by whom, Part B of the agreement is kept.

(3) A Shipping Officer or a proper officer may require a person to produce to him–

(a) Part B of an agreement; or

(b) a certified copy of Part B of an agreement.

(4) A person who refuses, or fails without reasonable cause, to comply with a requirement made under Subsection (3) is guilty of an offence.

Penalty: A fine not exceeding K200.00.

  1. MEDICAL EXAMINATION OF CREWMEN.

(1) Where a person–

(a) has not previously been employed as a crewman; or

(b) being a person who has previously been employed as a crewman, is a person who, in the opinion of the Safety Officer, should be medically examined,

the person shall, before entering employment, or further employment, as a crewman, undergo such medical examination as the Safety Officer determines.

(2) An employer shall not enter into an agreement with a person referred to in Subsection (1) unless the employer first produces to a Shipping Officer a certificate from a qualified medical practitioner stating that the person has–

(a) undergone the medical examination referred to in that subsection; and

(b) been found fit to be employed as a crewman.

  1. NOTICE OF INTENTION TO TERMINATE AGREEMENT.

(1) An employer who refuses, or fails without reasonable cause, not less than 48 hours before the employment of a crewman is to be terminated, to give notice of the proposed termination to–

(a) a Shipping Officer; or

(b) the proper officer,

at the port at which the employment is to be terminated is guilty of an offence.

Penalty: A fine not exceeding K100.00.

(2) A notice under Subsection (1) shall specify–

(a) the name and port of registry or of sub-registry of the ship; and

(b) the place at and the date on which the agreement was made; and

(c) the name of the crewman; and

(d) the capacity in which the crewman is employed; and

(e) where the employment is to be terminated outside Papua New Guinea, whether the consent of the proper officer is required; and

(f) details of any dispute about the wages of the crewman.

  1. TERMINATION OF AN AGREEMENT OUTSIDE PAPUA NEW GUINEA.

Where the consent of a proper officer is required under Section 113(3) of the Act, an agreement shall not be terminated unless the proper officer endorses his consent on–

(a) Part B of the agreement; or

(b) the certified copy of Part B of the agreement carried on the ship.

  1. CREWMAN NOT TO BE LEFT BEHIND OUTSIDE PAPUA NEW GUINEA.

(1) A crewman belonging to a ship shall not be left behind at a place outside Papua New Guinea without the consent of the proper officer at that place.

(2) The master of a ship may apply to the proper officer at a place outside Papua New Guinea for his consent to the leaving behind at that place of a crewman.

(3) A proper officer may, if he is satisfied that–

(a) the master of a ship has taken all reasonable measures to ensure that a responsible person ashore has–

(i) been made aware of the rights of a crewman; and

(ii) accepted responsibility for the welfare, maintenance and repatriation of a crewman; or

(b) it would be unreasonable to withhold consent,

give his consent to the leaving behind of the crewman.

(4) Where, under this section, a proper officer consents to the leaving behind of a crewman he shall endorse his consent on–

(a) Part B of the agreement; or

(b) the certified copy of Part B of the agreement carried on the ship,

and, where practicable, on the Official Log Book of the ship.

  1. EMPLOYMENT OF YOUNG PERSONS.

(1) A person under the age of 18 years shall not be employed or continue in employment as a crewman unless–

(a) at the time of his first entering into an agreement he has undergone; and

(b) at intervals of not more than 12 months afterwards he undergoes,

such medical examinations as the Safety Officer determines.

(2) An employer shall not, where a person is under the age of 18 years, enter into an agreement in respect of that person unless the employer produces to a Shipping Officer a certificate stating that the person has–

(a) undergone such medical examinations as the Safety Officer determines; and

(b) been found fit to be employed as a crewman.

(3) The crew list of a ship shall, in respect of a crewman under the age of 18 years, contain–

(a) the full name; and

(b) the date of birth; and

(c) the capacity of employment,

of the crewman.

PART V. – WAGES.

  1. PAYMENT OF WAGES.

(1) Subject to this Regulation, the wages due to a crewman shall be paid to him–

(a) at intervals of not more than 14 days; and

(b) in cash.

(2) Where a crewman so requests, the wages due to him may be paid in whole or in part–

(a) by cheque; or

(b) to his account at a bank.

  1. DEDUCTIONS FROM WAGES.

(1) Deductions may be made from the wages of a crewman in respect of–

(a) allotments; and

(b) reimbursement for goods or services supplied by the employer; and

(c) cash advances made to the crewman by the employer; and

(d) taxation instalments.

(2) An employer shall not make a deduction in respect of–

(a) goods or services supplied; or

(b) cash advances made,

by him to a crewman unless the crewman has acknowledged in writing receipt of such goods, services or advances.

  1. ACCOUNT OF WAGES.

(1) An account of wages shall be in Form C. 3.

(2) An employer shall–

(a) at such intervals as are agreed between him and a crewman; and

(b) where a crewman is left behind; and

(c) in any event, not more than 24 hours before the termination of an agreement,

deliver to the crewman an account of the wages of the crewman.

  1. ALLOTMENT OF WAGES.

(1) An allotment note shall be in Form C. 4.

(2) A crewman shall not, without the consent of his employer, make allotment to more than two persons.

(3) Unless the employer otherwise agrees–

(a) the first sum payable under an allotment note shall not be payable until after the expiry of a period of 30 days from the date of the allotment note; and

(b) the second, and subsequent, sums payable under an allotment note shall be payable at intervals of not less than 14 days.

PART VI. – ACCOMMODATION AND PROVISIONS.

Division 1.

Crew Accommodation.

  1. CREW ACCOMMODATION.

(1) The crew accommodation in a ship shall be–

(a) kept clean; and

(b) maintained in good condition; and

(c) except in the case of store rooms, kept free of goods and stores not belonging to the crew.

(2) The master of a ship shall inspect every part of the crew accommodation of the ship at intervals of not more than 30 days and, on each inspection, shall be accompanied by a crewman.

  1. COMPLAINTS ABOUT CREW ACCOMMODATION.

(1) Where–

(a) an officer of an industrial organization representing a crewman; or

(b) not less than three crewmen,

belonging to a ship complain to the Safety Officer that the crew accommodation in the ship is not in accordance with this Regulation, the Safety Officer shall direct a surveyor to inspect the crew accommodation of the ship.

(2) A surveyor who has–

(a) received a direction under Subsection (1); and

(b) inspected the crew accommodation of a ship,

shall submit a written report to the Safety Officer.

  1. CREW ACCOMMODATION REQUIREMENTS.

(1) The crew accommodation requirements for new ships are as specified in Schedule 5.

(2) The crew accommodation requirements in the case of a new ship of–

(a) 500 t or more are as specified in Part A of Schedule 5; and

(b) 20 m or more in length and less than 500 t are as specified in Part B of Schedule 5; and

(c) less than 20 m in length are as specified in Part C of Schedule 5.

(3) In the case of an existing ship the Safety Officer may, if he is not satisfied as to the standard of the crew accommodation of the ship, require such modification to be made to the crew accommodation as he determines.

(4) In making a requirement under Subsection (3), the Safety Officer shall have regard to–

(a) the age of the ship; and

(b) the trade in which the ship is engaged.

(5) Where a particular fitting, furnishing, appliance or standard of construction or fitting is required under this Regulation, the Safety Officer may, if he is satisfied that another fitting, furnishing, appliance or standard of construction or fitting, as the case may be, is equivalent to, or superior to, that required under this Regulation, permit that other fitting, furnishing, appliance or standard of construction or fitting to be fitted, carried or used in the ship.

(6) Where–

(a) a ship is in the course of being built, chartered or purchased; and

(b) the person to whose order the ship is being so built, chartered or purchased intends that the ship shall be a ship to which Part V of the Act applies,

he shall submit to the Safety Officer a plan of the ship showing clearly the proposed–

(c) arrangement; and

(d) position in the ship,

of the crew accommodation.

(7) Before–

(a) construction of crew accommodation in a new ship; or

(b) any substantial alteration or reconstruction is commenced in an existing ship,

detailed plans of the crew accommodation of the ship shall be submitted to the Safety Officer.

  1. ANNUAL INSPECTIONS OF CREW ACCOMMODATION.

(1) The Safety Officer may request a surveyor to carry out an inspection of the crew accommodation in a ship–

(a) as soon as is practicable after the ship is first registered; and

(b) at yearly intervals after the first registration of the ship.

(2) A surveyor who has carried out an inspection under this section shall make a written report to the Safety Officer.

  1. HOSPITAL ACCOMMODATION.

The hospital accommodation in a ship designated as hospital accommodation for the crew of the ship shall not be used for other than a medical or surgical purpose.

Division 2.

Provisions, etc.

  1. PROVISIONS AND WATER.

(1) Subject to this section, a ship shall carry provisions and water in accordance with a scale–

(a) to which a Shipping Officer makes no objection; and

(b) agreed between the employer and the crewmen employed in the ship.

(2) A Shipping Officer shall, in making an objection to a scale referred to in Subsection (1), have regard to–

(a) the number of crewmen employed in the ship; and

(b) the duration and nature of the voyage to be undertaken; and

(c) the quantity, quality, nutritive value and variety of the provisions; and

(d) the quantity and quality of the water.

(3) The provisions and water carried in a ship shall–

(a) be of good quality; and

(b) not contain any matter–

(i) likely to cause sickness or injury to health; or

(ii) which may render the provisions or water unpalatable or unfit for human consumption.

(4) The provisions and water carried in a ship shall be provided to the crew in approximately equal amounts and–

(a) in the case of water or fresh provisions–daily; and

(b) in any other case–weekly.

(5) A ship shall carry such weighing and measuring apparatus as is necessary for the purpose of weighing and measuring accurately the provisions and water carried in the ship.

(6) A Shipping Officer may–

(a) go on board a ship at any time; and

(b) inspect–

(i) the provisions and water provided for the use of the crew; and

(ii) the weighing and measuring apparatus referred to in Subsection (5).

(7) Where a Shipping Officer is of the opinion that the–

(a) provisions or water; or

(b) weighing and measuring apparatus,

carried in a ship are not in accordance with this Regulation he may require the owner or the master of the ship to take such action as is necessary to comply with this Regulation.

Division 3.

Medical Stores, etc.

  1. MEDICAL ATTENDANTS AND MEDICAL STORES.

(1) The–

(a) medicines; and

(b) medical and surgical stores and appliances; and

(c) instructions for the use of such medicines, stores and appliances,

to be carried in a ship are as specified in Schedule 6.

(2) A ship that is–

(a) carrying more than 100 persons on board; and

(b) proceeding on a voyage other than a Papua New Guinea Voyage–

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

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

shall carry–

(c) a qualified medical practitioner; and

(d) such–

(i) medicines; and

(ii) medical and surgical stores and appliances; and

(iii) instructions for the use of such medicines, stores and appliances to be carried in a ship,

as are specified in Part A of Schedule 6.

(3) (3) A ship that is proceeding on–

(a) a voyage other than a Papua New Guinea Voyage, being a ship to which Subsection (2) does not apply; or

(b) a Papua New Guinea Voyage where more than two days are likely to elapse between consecutive ports,

shall carry–

(c) a qualified first aid attendant; and

(d) such–

(i) medicines; and

(ii) medical and surgical stores and appliances; and

(iii) instructions for the use of such medicines, stores and appliances to be carried in a ship,

as are specified in Part B of Schedule 6.

(4) A ship that is a ship to which Subsections (2) and (3) do not apply shall carry such–

(a) medicines; and

(b) medical and surgical stores and appliances; and

(c) instructions for the use of such medicines, stores and appliances to be carried in a ship,

as are specified in Part C of Schedule 6.

(5) A ship shall carry storage facilities of a size, design and construction suitable for the safe custody and storage of the medicines, medical and surgical stores and appliances required to be carried in the ship.

PART VII. – DISTRESSED CREWMEN.

  1. RELIEF OF DISTRESSED CREWMEN.

(1) Subject to this Regulation, the employer of a distressed crewman shall–

(a) as soon as is practicable after the occurrence of the event which caused the crewman to be a distressed crewman, make provision for the return of the distressed crewman to his proper return port by means appropriate to the circumstances of the distressed crewman; and

(b) for the period between–

(i) the occurrence of the event which caused the crewman to be a distressed crewman; and

(ii) the arrival of the distressed crewman at his proper return port,

make such provision for the food, lodging, relief and maintenance of the distressed crewman as is appropriate having regard to all the circumstances of the case.

(2) Without limiting the generality of Subsection (1)(b), the employer of a distressed crewman shall provide for the distressed crewman sufficient–

(a) clothing; and

(b) toilet and other personal necessities; and

(c) surgical or medical treatment, including the repair or replacement of dental, optical or surgical appliances; and

(d) money to pay such minor expenses as are likely to be incurred by the distressed crewman.

(3) The employer of a distressed crewman shall pay any expense incurred in–

(a) bringing a distressed crewman ashore; and

(b) maintaining a distressed crewman until he is brought ashore; and

(c) the burial or cremation of a distressed crewman.

  1. WAGES OF DISTRESSED CREWMAN.

The wages due to a distressed crewman shall be paid to him in full at the time of his arrival at his proper return port.

  1. PROPERTY OF DISTRESSED CREWMAN.

(1) Where any property is left on board a ship by a crewman who becomes a distressed crewman, the master of the ship must–

(a) take charge of the property; and

(b) make an inventory of the property; and

(c) where any property is–

(i) destroyed–record a description of each item destroyed; or

(ii) disposed of–record a description of each item disposed of and the person to whom disposal was made; and

(d) immediately after the next arrival of the ship at a port in Papua New Guinea, deliver up to a Shipping Officer at that port–

(i) all the property still in his charge; and

(ii) the inventory made under Paragraph (b); and

(iii) an account of the destruction or disposal of any part of the property.

(2) The master of a ship who fails to comply with the requirements of Subsection (1) is guilty of an offence.

Penalty: A fine not exceeding K200.00.

(3) The master of a ship may at any time destroy or dispose of the property of a distressed crewman where, in his opinion, the property–

(a) may perish or deteriorate to such an extent as to become unusable; or

(b) is likely to endanger–

(i) the health or safety of a person on board the ship; or

(ii) the safety or efficiency of the ship or of any equipment in the ship.

(4) Where a Shipping Officer takes any property into his charge under this section he shall keep a record of–

(a) the date on which, and the person by whom, the property was delivered; and

(b) in respect of an article which has been–

(i) sold–the date of sale and the sum received for the article; or

(ii) disposed of–the date of disposal and the name of the person to whom it was disposed.

(5) Where a Shipping Officer has held property under this section for a period of more than 12 months, the Minister may direct the Shipping Officer to dispose of the property in such manner as the Minister thinks fit.

  1. SHIPPING OFFICER OR PROPER OFFICER TO BE NOTIFIED OF DISTRESSED CREWMAN.

(1) Where a crewman becomes a distressed crewman his employer, or the master of the ship in which the crewman was employed immediately before his becoming a distressed crewman, shall–

(a) within 48 hours of the occurrence of the event which has caused the crewman to become a distressed crewman, notify a Shipping Officer, or a proper officer, of–

(i) the name and number of the distressed crewman; and

(ii) the circumstances in which the crewman has become a distressed crewman; and

(b) keep the Shipping Officer, or the proper officer, informed of the arrangements made in respect of the distressed crewman.

(2) Where, in the opinion of a Shipping Officer, or of a proper officer, an employer, or the master of a ship, has failed to make proper provision for the relief, maintenance and return to his proper return port of a distressed crewman, the Shipping Officer, or the proper officer, may–

(a) make such provision; and

(b) recover the cost of making such provision from the employer of the distressed crewman.

PART VIII. – DECEASED CREWMEN.

  1. PROPERTY OF DECEASED CREWMEN.

(1) Where a crewman dies leaving any property on board a ship, the master of the ship shall–

(a) take charge of the property; and

(b) make an inventory of the property; and

(c) where any property is–

(i) destroyed–record a description of each item destroyed; or

(ii) disposed of–record a description of each item disposed of and the person to whom disposal was made; and

(d) immediately after the next arrival of the ship at a port in Papua New Guinea, deliver up to the Registrar–

(i) all the property still in his charge; and

(ii) the inventory made under Paragraph (b); and

(iii) an account of the destruction or disposal of any part of the property.

(2) The master of a ship may at any time destroy or dispose of the property of a deceased crewman where, in his opinion, the property–

(a) may perish or deteriorate to such an extent as to become unusable; or

(b) is likely to endanger–

(i) the health or safety of a person on board the ship; or

(ii) the safety or efficiency of the ship or of any equipment in the ship.

(3) Where the Registrar takes any property of a deceased crewman into his charge he shall keep a record of–

(a) the date on which, or the person by whom, the property was delivered; and

(b) in respect of an article which has been–

(i) sold–the date of sale and the sum received for the article; or

(ii) disposed of–the date of disposal and the name of the person to whom it was disposed.

(4) Unless the Minister otherwise directs, the Registrar shall hold the property of a deceased crewman for a period of 12 months after he takes the property into his charge.

(5) Immediately after the expiry of the period referred to in Subsection (4), the Registrar shall pay any residue remaining into the Consolidated Revenue Fund.

  1. SALE OF PROPERTY OF DECEASED CREWMAN.

The Minister may direct the Registrar to sell, in such manner as the Minister thinks fit, the whole or any part of the property of a deceased crewman.

  1. WAGES OF DECEASED CREWMAN.

(1) Where any wages are due to a crewman at the date of the death of the crewman, the wages shall be–

(a) paid to the Registrar; and

(b) deemed to be part of the property of the deceased crewman.

(2) For the purposes of recovery of wages due to a crewman at the date of his death, the Registrar shall be deemed to have the same rights of recovery as the crewman would have had if the crewman had not died.

PART IX. – DISCIPLINARY OFFENCES.

  1. DISCIPLINARY OFFENCES.

A crewman, other than the master, on board a ship, who–

(a) wilfully strikes any person; or

(b) wilfully disobeys a lawful command; or

(c) fails without reasonable cause to–

(i) be available for duty at a time when required by the master, or by any person authorized by the master, to be so available; or

(ii) report to, or remain at, his place of duty at a time when required by the master to so report or so remain; or

(d) whilst on duty, is asleep at his place of duty; or

(e) is so under the influence of drink, or a drug, that he–

(i) behaves in a disorderly manner; or

(ii) is unfit to be entrusted to carry out his duties; or

(f) without the consent of the master of the ship–

(i) brings; or

(ii) has in his possession,

on board the ship any offensive weapon; or

(g) wilfully, or without reasonable cause, damages–

(i) the ship; or

(ii) any property on board the ship; or

(h) without reasonable cause–

(i) takes; or

(ii) has in his possession,

any property that–

(iii) belongs to; or

(iv) is in the lawful custody of,

any person on board the ship; or

(i) causes or permits any person to be on board the ship without the consent of the master or of any other person authorized by the master to so consent; or

(j) in any part of the ship in which such action is prohibited by the master, smokes, or uses–

(i) a naked light; or

(ii) a mechanical lighter; or

(iii) an electric torch which is not of an approved type,

is guilty of a disciplinary offence.

  1. MASTER TO DEAL WITH DISCIPLINARY OFFENCES.

A disciplinary offence shall be dealt with–

(a) by the master of the ship on board which the offence is committed; and

(b) within 24 hours of the time at which the master first had knowledge of the offence unless, having regard to the circumstances, it would be unreasonable for the offence to be dealt with within that period.

  1. PROCEDURES IN DEALING WITH DISCIPLINARY OFFENCES.

(1) A crewman may be charged with a disciplinary offence by any other crewman.

(2) The master of a ship on which a crewman is charged with a disciplinary offence shall require the crewman to attend a hearing of the charge.

(3) At the hearing of a charge against him a crewman may, if he so requests, be accompanied by a friend for the purpose of advising him.

(4) Where a crewman is accompanied by a friend, the friend may speak on behalf of the crewman.

(5) The charge shall be read over and, where necessary, explained to the crewman by the master.

(6) After a charge has been read over–

(a) the master shall ask the crewman whether he admits or denies the charge; and

(b) the crewman shall admit, or deny the charge.

(7) Where the crewman denies the charge the master shall call the evidence of any person having knowledge of the facts of the case.

(8) Where evidence is given by any person it shall be given in the presence of the crewman.

(9) The crewman shall–

(a) have reasonable opportunity to question any witness on his evidence; and

(b) be permitted to call the evidence of any person having knowledge of the facts of the case; and

(c) have opportunity to–

(i) make a statement in reply to the charge against him; and

(ii) comment on evidence produced against him.

(10) The master shall have reasonable opportunity to question any witness on his evidence.

(11) The master, after he has considered all the evidence given and statements made, shall–

(a) decide whether or not the crewman has committed the disciplinary offence with which he is charged; and

(b) in the presence of the crewman, give his decision.

(12) Where the master finds that a crewman has committed the disciplinary offence with which he is charged, he shall record his decision in Form C.5.

  1. SUSPENDED PERSONS.

(1) Where the master of a ship has made an entry on Form C.5. he shall furnish to a Shipping Officer, or to a proper officer, at the port at which the ship next calls after the making of that entry, a copy of Form C.5.

(2) Where–

(a) a crewman has been found to have committed a disciplinary offence; and

(b) the disciplinary offence is the first which the crewman has been found to have committed,

the Registrar shall warn the crewman that a similar finding in respect of any subsequent offence may result in the crewman being declared to be a suspended person.

(3) Where, within a period of two years, a crewman is found to have committed two or more disciplinary offences, the Registrar may declare the crewman to be a suspended person for such period as the Registrar thinks fit.

(4) The Registrar in making a declaration under Subsection (3) shall have regard to–

(a) the nature of the disciplinary offences committed by the crewman; and

(b) the circumstances in which the disciplinary offences were committed; and

(c) the report of any Shipping Officer, or proper officer, to whom a Form C.5. has been furnished in respect of the disciplinary offence; and

(d) the character and conduct of the crewman.

(5) Where a declaration has been made under Subsection (3), the Registrar shall give to the crewman who has been suspended a written notice specifying the period during which the crewman is suspended.

(6) Where–

(a) the period of suspension is 12 months or less; or

(b) no appeal to the Court is made within the period referred to in Section 147 of the Act; or

(c) an appeal is made to the Court and the Court orders that the appeal be dismissed,

the Registrar shall include the name of the crewman in the list of suspended persons.

(7) A copy of the list of suspended persons shall be–

(a) kept in the office of each Shipping Officer; and

(b) made available at all reasonable times for inspection by any interested person.

PART X. – RECORDS TO BE KEPT, ETC.

  1. RETURNS OF BIRTHS AND DEATHS ON PAPUA NEW GUINEA SHIPS.

(1) In this section “ship” means a ship that is registered under the Act.

(2) Where a birth occurs in a ship, a return of birth shall be in Form C.6.

(3) Where a death occurs, or is presumed to have occurred, in a ship, a return of death shall be in Form C.7.

(4) Where a person dies on board a ship, the master of the ship shall, as soon as practicable, and, in any event, not later than seven days after the date of the death, notify any person believed by him to be the next of kin of the deceased.

(5) A return under this section shall be made within seven days after the arrival at a port or place in Papua New Guinea of the ship in which the birth or death has occurred and, in any event, within three months of the occurrence of the birth or death.

  1. RETURNS OF BIRTHS AND DEATHS ON FOREIGN SHIPS.

(1) In this section “ship” means a ship that is not registered under the Act.

(2) Where–

(a) a birth or death occurs; or

(b) a death is presumed to have occurred,

in a ship that is on a voyage to a port or place in Papua New Guinea and the birth or death is of a citizen, a return of birth or death shall be in Form C.8.

  1. CREWMAN’S IDENTITY CARD.

(1) A Crewman’s Identity Card shall be in Form C.9.

(2) A person who is a citizen and employed, or ordinarily employed, as a crewman, shall apply to the Registrar for the issue of a Crewman’s Identity Card.

(3) Where the Registrar is satisfied that an applicant under Subsection (2) is entitled to be the holder of a Crewman’s Identity Card, he shall–

(a) issue a Crewman’s Identity Card to the applicant; and

(b) enter into the Register of Crewmen the particulars appearing on the Crewman’s Identity Card.

(4) A person who–

(a) is a citizen and employed, or ordinarily employed as a crewman; and

(b) does not hold a Crewman’s Identity Card; and

(c) refuses, or fails without reasonable cause, to apply, within seven days of becoming employed as a crewman, to the Registrar for the issue to him of a Crewman’s Identity Card,

is guilty of an offence.

Penalty: A fine not exceeding K20.00.

(5) The holder of a Crewman’s Identity Card who refuses or fails without reasonable cause, to produce the card when so required to–

(a) a Shipping Officer; or

(b) a proper officer; or

(c) his employer; or

(d) the master of the ship in which he is employed,

is guilty of an offence.

Penalty: A fine not exceeding K30.00.

(6) Where–

(a) the holder of a Crewman’s Identity Card–

(i) ceases to be a citizen; or

(ii) becomes a suspended person; or

(iii) ceases to be a crewman and does not intend, within 12 months, to seek employment as a crewman; or

(b) a Crewman’s Identity Card is defaced,

a Shipping Officer may require the holder of the Crewman’s Identity Card to surrender that card to him.

(7) A person who refuses, or fails without reasonable cause, to comply with a requirement under Subsection (6) is guilty of an offence.

Penalty: A fine not exceeding K50.00.

(8) A person who has in his possession a Crewman’s Identity Card which has not been issued to him is guilty of an offence.

Penalty: A fine not exceeding K100.00.

  1. EMPLOYMENT RECORD BOOK.

(1) An Employment Record Book shall be in Form C.10.

(2) An Employment Record Book shall have a durable cover with provision for holding and retaining within the cover a copy of Part A of Form C.2.

(3) A person shall, within seven days after becoming employed as a crewman, apply to the Registrar for the issue to him of an Employment Record Book.

(4) Where an application is made under Subsection (3), the Registrar shall–

(a) allocate a number; and

(b) issue an Employment Record Book,

to the person making the application.

(5) A crewman who refuses, or fails without reasonable cause, when required to do so, to produce his Employment Record Book to–

(a) a Shipping Officer; or

(b) a proper officer; or

(c) the Safety Officer; or

(d) his employer; or

(e) the master of a ship in which he is employed; or

(f) any person authorized to endorse the Employment Record Book,

is guilty of an offence.

Penalty: A fine not exceeding K20.00.

(6) Where the employment of a crewman is terminated, the employer shall record in the Employment Record Book held by the crewman particulars of service at sea by the crewman.

(7) Where a certificate of competency is issued to a crewman, the Safety Officer or a Shipping Officer shall endorse the Employment Record Book of the crewman with the details of the certificate of competency.

(8) The–

(a) record referred to in Subsection (6); and

(b) endorsement referred to in Subsection (7),

shall be signed by the person making that record or endorsement.

(9) Where the master of a ship has in his possession an Employment Record Book belonging to a crewman who is–

(a) dead; or

(b) left behind,

he shall deliver it as soon as practicable to a Shipping Officer or to a proper officer.

(10) Where an Employment Record Book–

(a) is lost, destroyed or defaced; or

(b) has insufficient space for any further endorsement,

the crewman to whom the Employment Record Book has been issued shall, as soon as practicable, apply to the Registrar for the issue of a new Employment Record Book.

  1. ENTRIES IN THE OFFICIAL LOG BOOK.

(1) The Official Log Book shall be as specified in Schedule 7.

(2) The entries to be made in the Official Log Book shall be–

(a) in the case of a ship that is proceeding on a Foreign Going Voyage or on a Pacific Islands Voyage–as specified in Part A of Schedule 7; and

(b) in the case of a ship that is proceeding on a Papua New Guinea Voyage–as specified in Part B of that Schedule.

(3) An entry specified in Column 1 of Schedule 7 shall be–

(a) signed by a person specified opposite in Column 2; and

(b) witnessed, where necessary, by a person specified opposite in Column 3.

(4) Where a person makes an entry in the Official Log Book he shall record in the Official Log Book the date on which the entry is made.

  1. REQUIREMENTS FOR OFFICIAL LOG BOOK.

(1) In this section “specified time” means 48 hours after the first arrival of the ship at a port or place in Papua New Guinea after a period of six months has elapsed from the date of the first entry in the Official Log Book.

(2) The Safety Officer, a Shipping Officer or a proper officer may require the master of a ship to produce the Official Log Book of the ship to him.

(3) A master who refuses, or fails without reasonable cause, to–

(a) comply with a requirement under Subsection (2); or

(b) deliver, within the specified time, the Official Log Book of the ship to a Shipping Officer,

is guilty of an offence.

Penalty: A fine not exceeding K100.00.

  1. CONTENT OF CREW LISTS.

The Crew List of a ship shall contain a statement of–

(a) the–

(i) name; and

(ii) port of sub-registry or registry; and

(iii) registry or other number,

of the ship to which the Crew List relates; and

(b) the name and address of the–

(i) owner of the ship; and

(ii) employer; and

(c) in respect of each crewman belonging to the ship–

(i) his name; and

(ii) his address; and

(iii) the date and place of his birth; and

(iv) the capacity in which he is employed in the ship; and

(v) the details of any certificate of competency held by him; and

(vi) the date on which he commenced and terminated his employment in the ship; and

(vii) the name, address and relationship, of his next of kin; and

(viii) the registered number of approved Part B of the agreement under which he is employed.

  1. REQUIREMENTS FOR CREW LISTS.

(1) The Crew List of a ship shall be kept on board the ship.

(2) A copy of the Crew List shall be kept at the ordinary place of business in Papua New Guinea of the employer.

(3) Where–

(a) a Crew List is made; or

(b) any change is made to a Crew List,

the employer or his agent shall, within 48 hours after the occurrence of that event, deliver to a Shipping Officer–

(c) a copy of the Crew List; or

(d) a list of the changes made,

as the case may be.

(4) Notwithstanding the obligation of an employer or his agent under Subsection (3), the employer or his agent shall, at successive intervals of not less than three months after a Crew List is made, deliver to a Shipping Officer a copy of the Crew List as applicable at the date on which it is delivered.

(5) Where a person has in his possession or control a Crew List, or a copy of a Crew List, which relates to a ship which he has reasonable cause to believe has been lost or abandoned he shall promptly deliver the Crew List, or the copy of the Crew List, to a Shipping Officer.

(6) A Shipping Officer or a proper officer may require the master of a ship to produce to him the Crew List of the ship.

(7) A master of a ship who refuses, or fails without reasonable cause, to comply with a requirement under Subsection (6) is guilty of an offence.

Penalty: A fine not exceeding K100.00.

PART XI. – FEES.

  1. SHIPPING OFFICER SERVICE FEES.

(1) Shipping Officer Service Fees are payable by the owner of the ship–

(a) (a) where the ship is registered under the Act–

(i) on the first registration of the ship; and

(ii) on the expiration of each subsequent period of 12 months after the date of registration of the ship; and

(b) where the ship–

(i) is not registered under the Act; and

(ii) is a ship in respect of which a coasting trade licence has been granted,

on the grant of the coasting trade licence and on the expiration of each subsequent period of 12 months after the date of grant of that licence.

(2) Shipping Officer Service Fees are K4.00 for each metre or part of a metre of the length of the ship.

SCHEDULE 1 – FORMS.

PAPUA NEW GUINEA.

.

Form 1 – CERTIFICATE OF COMPETENCY.

Act, Sec. 104. Form C.1.Reg., Sec. 5(1).

No.
I certify that . . . possesses the required qualifications and experience to serve in a ship to which Part V of the Merchant Shipping Act applies as . . . .
Dated . . . 20...
Safety Officer.

PAPUA NEW GUINEA.

.

Form 2 – AGREEMENT.

Act, Sec. 117(b). Form C.2.Reg., Sec. 8(1).

9999_242C_SI_2001070100000000.png

9999_242C_SI_2001070100000001.png

9999_242C_SI_2001070100000002.png

PAPUA NEW GUINEA.

.

Form 3 – ACCOUNT OF WAGES.

Act, Sec. 127(e). Form C.3.Reg., Sec. 19(1).

9999_242C_SI_2001070100000003.png

PAPUA NEW GUINEA.

.

Form 4 – ALLOTMENT NOTE.

Act, Sec. 127(f). Form C.4.Reg., Sec. 20(1).

9999_242C_SI_2001070100000004.png

PAPUA NEW GUINEA.

.

Form 5 – RECORD OF HEARING OF A DISCIPLINARY OFFENCE.

Act, Sec. 146(1). Form C.5.Reg, Sec. 37(12).

9999_242C_SI_2001070100000005.png

PAPUA NEW GUINEA.

.

Form 6 – RETURN OF A BIRTH OCCURRING IN A SHIP REGISTERED UNDER THE MERCHANT SHIPPING ACT.

Act, Sec. 152(2)(a). Form C.6.Reg., Sec. 39(2).

9999_242C_SI_2001070100000006.png

PAPUA NEW GUINEA.

.

Form 7 – RETURN OF DEATH OCCURRING IN A SHIP REGISTERED UNDER THE MERCHANT SHIPPING ACT.

Act, Sec. 152(2)(b). Form C.7.Reg., Sec. 39(3).

9999_242C_SI_2001070100000007.png

PAPUA NEW GUINEA.

.

Form 8 – RETURN OF BIRTH OR DEATH OF A CITIZEN OF PAPUA NEW GUINEA OCCURRING IN A SHIP NOT REGISTERED IN PAPUA NEW GUINEA.

Act, Sec. 153(2). Form C.8.Reg., Sec. 40(2).

9999_242C_SI_2001070100000008.png

PAPUA NEW GUINEA.

.

Form 9 – PAPUA NEW GUINEA CREWMAN’S CARD.

Act, Sec. 163(a) Form C.9.Reg., Sec. 41(1).

9999_242C_SI_2001070100000009.png

PAPUA NEW GUINEA.

.

Form 10 – EMPLOYMENT RECORD BOOK.

Act, Sec. 163(c). Form C.10.Reg., Sec. 42(1).

9999_242C_SI_2001070100000010.png

SCHEDULE 2 – SCALE OF QUALIFICATION.

Sec. 2.

Column 1.
Column 2.
A.
DECK


Grade
Crewman

1
Master (Foreign Going)

2A
Mate (Foreign Going)

2B
Master (Pacific Islands)

3A
Second Mate (Foreign Going)

3B
Mate (Pacific Islands)

4
Master (Papua New Guinea)

5
Mate (Papua New Guinea)

6
Coxswain (Class 1)

7
Coxswain (Class 2)

8
Coxswain (Class 3)

9
Seaman (Class 1)
B.
ENGINE ROOM


Grade
Crewman

1
Engineer (Class 1)

2
Engineer (Class 2)

3
Engineer (Class 3)

4
Engineer (Class 4)

5
Mechanic (Class 1)

6
Mechanic (Class 2)

7
Mechanic (Class 3)

SCHEDULE 3 – DECK MANNING SCALE.

Sec. 3.

Length of Ship in Metres.
Foreign Going Voyage.
Pacific Islands Voyage.
Papua New Guinea Voyage.
Column 1.
Number. Column 2.
Grade. Column 3.
Number. Column 4.
Grade. Column 5.
Number. Column 6.
Grade. Column 7.
100 or more
1
1
1
1
1
1

1
2A
1
2A
1
3B

1
3A
1
3B
1
5

*
9
*
9
*
9
70 or more and under 100
1
1
1
1
1
2B

1
2A
1
3B
1
5

1
3B
1
5
1
6

*
9
*
9
*
9
50 or more and under 70
1
1
1
2B
1
4

1
2A
1
3B
1
5

1
5
1
6
1
7

6
9
6
9
6
9
40 or more and under 50
1
1
1
2B
1
4

1
3B
1
5
1
6

5
9
5
9
5
9
30 or more and under 40
1
1
1
2B
1
5

1
3B
1
5
1
7

5
9
5
9
5
9
20 or more and under 30
1
2B
1
2B
1
6

1
5
1
6
1
8

4
9
4
9
4
9
10 or more and under 20
1
3B
1
3B
1
7

1
6
1
7
2
9

3
9
3
9


Note * As determined by the Safety Officer.

SCHEDULE 4 – Sec. 4.
ENGINE ROOM MANNING SCALE.

Column 1.
Engine power of ship (Kilowatts).
Column 2.
Grade.
750 or more
1
375 and under 750
2
225 and under 375
3
150 and under 225
4
75 and under 150
5
37.5 and under 75
6
Under 37.5
7

SCHEDULE 5 – Sec. 23.
CREW ACCOMMODATION REQUIREMENTS.

PART A – NEW SHIPS OF 500 TONS OR MORE.

Sch. 5.A.1. General requirements..

(1) The location, means of access, structure and arrangement in relation to other spaces of crew accommodation shall be such as to ensure adequate security, protection against weather and sea, and insulation from heat or cold, undue noise or effluvia from other spaces.

(2) There shall be no direct openings into sleeping rooms from spaces for cargo and machinery or from galleys, lamp and paint rooms, or from engine, deck and other bulk storerooms, drying rooms, communal wash places or water closets. That part of the bulkhead separating such places from sleeping rooms and external bulkheads shall be efficiently constructed of steel or other approved substance and shall be watertight and gastight.

(3) External bulkheads of sleeping rooms and mess rooms shall be adequately insulated. All machinery casings and all boundary bulkheads of galleys and other spaces in which heat is produced shall be adequately insulated where there is a possibility of resulting heat effects in adjoining accommodation or passageways. Care shall also be taken to provide protection from heat effects of steam and/or hot-water service pipes.

(4) Internal bulkheads shall be of approved material which is not likely to harbour vermin.

(5) Sleeping rooms, mess rooms, recreation rooms and alley-ways in the crew accommodation space shall be adequately insulated to prevent condensation or over-heating.

(6) Main steam and exhaust pipes for winches and similar gear shall not pass through crew accommodation or, whenever technically possible, through alley-ways leading to crew accommodation; where they do pass through such alley-ways they shall be adequately insulated and encased.

(7) Inside panelling or sheeting shall be of material with a surface easily kept clean. Tongued and grooved boarding or any other form of construction likely to harbour vermin shall not be used.

(8) The Safety Officer shall decide to what extent fire-prevention or fire-retarding measures shall be required to be taken in the construction of the accommodation.

(9) The wall surface and deckhands in sleeping rooms and mess rooms shall be capable of being easily kept clean and, if painted, shall be light in colour; lime wash must not be used.

(10) The wall surfaces shall be renewed or restored as necessary.

(11) The decks in all crew accommodation shall be of approved material and construction and shall provide a surface impervious to damp and easily kept clean.

(12) Where the floorings are of composition the joinings with sides shall be rounded to avoid crevices.

(13) Sufficient drainage shall be provided.

Sch. 5.A.2.Ventilation..

(1) Sleeping rooms and mess rooms shall be adequately ventilated.

(2) The system of ventilation shall be controlled so as to maintain the air in a satisfactory condition and to ensure a sufficiency of air movement in all conditions of weather and climate.

(3) Ships regularly engaged on voyages in the tropics shall be equipped with both mechanical means of ventilation and electric fans: Provided that one only of these means need be adopted in spaces where this ensures satisfactory ventilation.

(4) Ships engaged outside the tropics shall be equipped with either mechanical means of ventilation or electric fans. The Safety Officer may exempt ships normally employed in the cold waters of the northern or southern hemispheres from this requirement.

(5) Power for the operation of the aids to ventilation required by Subsections (3) and (4) shall, when practicable, be available at all times when the crew is living or working on board and conditions so require.

Sch. 5.A.3.Heating. (Applicable to ships making periodic voyages outside the tropics)..

(1) An adequate system of heating the crew accommodation shall be provided.

(2) The heating system shall, when practicable, be in operation at all times when the crew is living or working on board and conditions require its use.

(3) In all ships in which a heating system is required, the heating shall be by means of steam, hot water, warm air or electricity.

(4) In any ships in which heating is provided by a stove, measures shall be taken to ensure that the stove is of sufficient size and is properly installed and guarded and that the air is not fouled.

(5) The heating system shall be capable of maintaining the temperature in crew accommodation at a satisfactory level under normal conditions of weather and climate likely to be met with on service; the Safety Officer shall prescribe the standard to be provided.

(6) Radiators and other heating apparatus shall be so placed and, where necessary, shielded as to avoid risk of fire or danger or discomfort to the occupants.

Sch. 5.A.4.Lighting..

(1) Subject to such special arrangements as may be permitted in passenger ships, sleeping rooms and mess rooms shall be properly lighted by natural light and shall be provided with adequate artificial light.

(2) All crew spaces shall be adequately lighted. The minimum standard for natural lighting in living rooms shall be such as to permit a person with a normal vision to read on a clear day an ordinary newspaper in any part of the space available for free movement. When it is not possible to provide adequate natural lighting, artificial lighting of the above minimum standard shall be provided.

(3) In all ships electric lights shall be provided in the crew accommodation. If there are not two independent sources of electricity for lighting, additional lighting shall be provided by properly constructed lamps or lighting apparatus for emergency use.

(4) Artificial lighting shall be so disposed as to give the maximum benefit to the occupants of the room.

(5) In sleeping rooms an electric reading lamp shall be installed at the head of each berth.

Sch. 5.A.5.Sleeping accommodation..

(1) Sleeping rooms shall be situated above the load line amidships or aft.

(2) The Safety Officer may, if the size, type or intended service of the ship render any other location unreasonable or impracticable, permit the location of sleeping rooms in the fore part of the ship, but in no case forward of the collision bulkhead.

(3) In passenger ships the Safety Officer may, on condition that satisfactory arrangements are made for lighting and ventilation, permit the location of sleeping rooms below the load line, but in no case immediately beneath working alley-ways.

(4) The floor area per person of sleeping rooms intended for ratings shall be not less than–

(a) 1.85 m2 in vessels under 800 t; and

(b) 2.35 m2 in vessels of 800 t or over, but under 3,000 t; and

(c) 2.78 m2 in vessels of 3,000 t or over.

Provided that, in the case of passenger ships in which more than four ratings are berthed in one room, the minimum per person may be 2.22 m2.

(5) In the case of ships in which are employed such groups of ratings as necessitate the employment of a substantially larger number of ratings than would otherwise be employed, the Safety Officer may, in respect of such groups, reduce the minimum floor area of sleeping rooms per person, subject to the conditions that–

(a) the total sleeping space allotted to the group or groups is not less than would have been allotted had the numbers not been increased; and

(b) the minimum floor area of sleeping rooms is not less than–

(i) 1.67 m2 per person in ships under 3,000 t; and

(ii) 1.85 m2 per person in ships of 3,000 t or over.

(6) Space occupied by berths and lockers, chests of drawers and seats shall be included in the measurement of the floor area. Small or irregularly shaped spaces which do not add effectively to the space available for free movement and cannot be used for installing furniture shall be excluded.

(7) The clear head room in crew sleeping rooms shall not be less than 190 cm.

(8) There shall be a sufficient number of sleeping rooms to provide a separate room or rooms for each department: Provided that the Safety Officer may relax this requirement in the case of small ships.

(9) The number of persons allowed to occupy sleeping rooms shall not exceed the following maxima:–

(a) officers in charge of a department, navigating and engineer officers in charge of a watch and senior radio officers or operators: one person per room;

(b) other officers: one person per room wherever possible, and in no case more than two;

(c) petty officers: one or two persons per room, and in no case more than two;

(d) other ratings: two or three persons per room wherever possible and in no case more than four.

(10) With a view to ensuring adequate and more comfortable accommodation the Safety Officer, after consultation with the Committee of Advice, may grant permission to accommodate up to 10 ratings per sleeping room in the case of certain passenger ships.

(11) The maximum number of persons to be accommodated in any sleeping room shall be indelibly and legibly marked in some place in the room where it can conveniently be seen.

(12) Members of the crew shall be provided with individual berths.

(13) Berths shall not be placed side by side in such a way that access to one berth can be obtained only over another.

(14) Berths shall not be arranged in tiers of more than two: In the case of berths placed along the ship’s side, there shall be only a single tier where a sidelight is situated above a berth.

(15) The lower berth in a double tier shall be not less than 30 cm above the floor; the upper berth shall be placed approximately midway between the bottom of the lower berth and the lower side of the deckhead beams.

(16) The minimum inside dimensions of a berth shall be 190 cm by 68 cm.

(17) The framework and the lee-board (if any), of a berth shall be of approved material, hard, smooth, and not likely to corrode or to harbour vermin.

(18) If tubular frames are used for the construction of berths, they shall be completely sealed and without perforations which would give access to vermin.

(19) Each berth shall be fitted with a spring bottom or a spring mattress and with a mattress of approved material. Stuffing of straw or other material likely to harbour vermin shall not be used.

(20) When one berth is placed over another a dust-proof bottom of wood, canvas or other suitable material shall be fitted beneath the spring bottom of the upper berth.

(21) Sleeping rooms shall be so planned and equipped as to ensure reasonable comfort for the occupants and to facilitate tidiness.

(22) The furniture shall include a clothes locker for each occupant. The clothes lockers shall be not less than 152 cm in height and of a cross-section area of 19.30 dm2 and shall be fitted with a shelf and a hasp for a padlock. The padlock shall be provided by the occupant.

(23) Each sleeping room shall be provided with a table or desk, which may be of the fixed, dropleaf or slide-out type, and with comfortable seating accommodation as necessary.

(24) The furniture shall be of smooth, hard material not liable to warp or corrode.

(25) The drawer or equivalent space for each occupant shall be not less than .056 m3.

(26) Sleeping rooms shall be fitted with curtains for the sidelights.

(27) Sleeping rooms shall be fitted with a mirror, small cabinets for toilet requisites, a book rack and a sufficient number of coat hooks.

(28) As far as practicable berthing of crew members shall be so arranged that watches are separated and that no daymen share a room with watch-keepers.

Sch. 5.A.6.Mess rooms..

(1) Sufficient mess room accommodation shall be provided in all ships.

(2) In ships of less than 1,000 t separate mess room accommodation shall be provided for–

(a) master and officers; and

(b) petty officers and other ratings.

(3) In ships of 1,000 t and over, separate mess room accommodation shall be provided for–

(a) master and officers; and

(b) deck department petty officers and other ratings; and

(c) engine department petty officers and other ratings:

Provided that–

(i) one of the two mess rooms for the petty officers and other ratings may be allotted to the petty officers and the other to the other ratings;

(ii) a single mess room may be provided for deck and engine department petty officers and other ratings in cases in which the organizations of shipowners and/or shipowners and the recognized bona fide trade unions of seafarers concerned have expressed a preference for such an arrangement.

(4) Adequate mess room accommodation shall be provided for the catering department, either by the provision of separate mess rooms or by giving them the right to the use of the mess rooms assigned to other groups; in the case of ships 5,000 t or over with more than five persons in the catering department consideration shall be given to the provision of a separate mess room.

(5) The dimensions and equipment of each mess room shall be sufficient for the number of persons likely to use it at any one time.

(6) Mess rooms shall be equipped with tables and approved seats sufficient for the number of persons likely to use them at any one time.

(7) The Safety Officer may permit such exceptions to the foregoing rules concerning mess room accommodation as may be necessary to meet the special conditions in Passenger Ships.

(8) Mess rooms shall be located apart from the sleeping rooms and as close as practicable to the galley.

(9) Where available pantries are not accessible to mess rooms, adequate lockers for mess utensils and proper facilities for washing utensils shall be provided.

(10) The tops of tables and seats shall be of damp-resisting material, without cracks and capable of being easily cleaned.

Sch. 5.A.7.Recreation spaces..

(1) In all ships a space or spaces to which the crew can have access when off duty shall be provided on an open deck; the space or spaces shall be of adequate area, having regard to the size of the ship and the crew.

(2) Recreation accommodation, conveniently situated and appropriately furnished, shall be provided for officers and for ratings. Where this is not provided separately from the mess rooms the latter shall be planned, furnished, and equipped to give recreational facilities.

Sch. 5.A.8.Sanitary accommodation..

(1) Sufficient sanitary accommodation, including wash basins and tub and/or shower baths, shall be provided in all ships.

(2) The following minimum number of separate water closets shall be provided–

(a) in ships of under 800 t–three; and

(b) in ships of 800 t or over, but under 3,000 t–four; and

(c) in ships of 3,000 t or over–six; and

(d) in ships where the radio officers or operators are accommodated in an isolated position, sanitary facilities near or adjacent thereto shall be provided.

(3) Sanitary facilities for all members of the crew who do not occupy rooms to which private facilities are attached shall be provided for each group of the crew on the following scale:–

(a) one tub and/or shower bath for every eight persons or less; and

(b) one water closet for every eight persons or less; and

(c) one wash basin for every six persons or less:

Provided that when the number of persons in a group exceeds an even multiple of the specified number by less than 50% of the specified number this surplus may be ignored for the purpose of this subsection.

(4) When the total number of the crew exceeds 100 and in passenger vessels normally engaged on voyages of not more than four hours’ duration, consideration may be given by the Safety Officer to special arrangements or a reduction in the number of facilities required.

(5) Cold fresh water and hot fresh water or means of heating water shall be available in all communal wash places. The Safety Officer, in consultation with the Committee of Advice, may fix the maximum amount of fresh water which the shipowner may be required to supply per man per day.

(6) Wash basins and tub baths shall be of adequate size and constructed of approved material with a smooth surface not liable to crack, flake or corrode.

(7) All water closets shall have ventilation to the open air, independently of any other part of the accommodation.

(8) All water closets shall be of an approved pattern and provided with an ample flush of water, available at all times and independently controllable.

(9) Soil pipes and waste pipes shall be of adequate dimensions and shall be so constructed as to minimise the risk of obstruction and to facilitate cleaning.

(10) Sanitary accommodation intended for the use of more than one person shall comply with the following requirements:–

(a) floors shall be of approved durable material, easily cleaned and impervious to damp, and shall be properly drained; and

(b) bulkheads shall be of steel or other approved material and shall be water-tight up to at least 23 cm above the level of the deck; and

(c) the accommodation shall be sufficiently lighted, heated and ventilated; and

(d) water closets shall be situated convenient to, but separate from, sleeping rooms or from a passage between sleeping rooms and water closets to which there is no other access: Provided that this requirement shall not apply where a water closet is located in a compartment between two sleeping rooms having a total of not more than four persons; and

(e) where there is more than one water closet in a compartment, they shall be sufficiently screened to ensure privacy.

(11) In all ships facilities for washing and drying clothes shall be provided on a scale appropriate to the size of the crew and the normal duration of the voyage.

(12) The facilities for washing clothes shall include suitable sinks, which may be installed in wash rooms, if separate laundry accommodation is not reasonably practicable, with an adequate supply of cold fresh water and hot fresh water or means of heating water.

(13) The facilities for drying clothes shall be provided in a compartment separate from sleeping rooms and mess rooms, adequately ventilated and heated and equipped with lines or other fittings for hanging clothes.

Sch. 5.A.9.Hospital accommodation..

(1) In any ship carrying a crew of 15 or more and engaged in an overseas voyage of more than three days’ duration, separate hospital accommodation shall be provided.

(2) The hospital accommodation shall be suitably situated, so that it is easy of access and so that the occupants may be comfortably housed and may receive proper attention in all weather.

(3) The arrangement of the entrance, berths, lighting, ventilation, heating and water supply shall be designed to ensure the comfort and facilitate the treatment of the occupants.

(4) The number of hospital berths required shall be prescribed by the Safety Officer.

(5) Water closet accommodation shall be provided for the exclusive use of the occupants of the hospital accommodation, either as part of the accommodation or in close proximity to it.

(6) Hospital accommodation shall not be used for other than medical purposes.

(7) An approved medicine chest with readily understandable instructions shall be carried in every ship which does not carry a doctor.

Sch. 5.A.10.Special requirements..

(1) Sufficiently and adequately ventilated accommodation for the hanging of oilskins shall be provided outside but convenient to the sleeping rooms.

(2) In ships of over 3,000 t one room for the deck department and one room for the engine department shall be provided and equipped for use as an office.

(3) In ships regularly trading to mosquito-infested ports provision shall be made to protect the crew’s quarters against the admission of mosquitoes by the fitting of suitable screens to side scuttles, ventilators and doors to the open deck.

(4) All ships trading regularly to or in the tropics shall be equipped with awnings for use over exposed decks above crew accommodation and over recreation deck space or spaces.

Sch. 5.A.11.Modifications..

(1) In the case of the ships mentioned in Section Sch. 5.5(5) the Safety Officer may, in respect of the members of the crew there referred to, modify the requirements laid down in the foregoing articles as far as may be necessary to take account of their distinctive national habits and customs and in particular may make special arrangements concerning the number of persons occupying sleeping rooms and concerning mess room and sanitary facilities.

(2) In modifying such requirements the Safety officer shall be bound by the specifications set forth in Section Sch. 5.5(1) and (2) and by the minimum sleeping space requirements prescribed for such groups of ratings in Section Sch. 5.5(5).

(3) In ships in which the crew in any department are persons of widely different national habits and customs, separate and appropriate sleeping and living accommodation shall be provided as may be necessary to meet the requirements of the different groups.

(4) In the case of the ships mentioned in Section Sch. 5.5(5) the hospital, dining, bathing and sanitary facilities shall be provided and maintained on a standard, in regard to their quantity and practical usefulness equal or comparable to that which obtains aboard all other ships of similar type and belonging to the same registry.

PART B – NEW SHIPS OF 20 OR MORE METRES IN LENGTH AND LESS THAN 500 TONS.

Sch. 5.B.12. General requirements..

(1) The location, means of access, structure and arrangement in relation to other spaces of crew accommodation shall be such as to ensure adequate security, protection against weather and sea, and insulation from heat or cold, undue noise or effluvia from other spaces.

(2) There shall be no direct openings into sleeping rooms from spaces for cargo and machinery or from galleys, lamp and point rooms or from engine, deck and other bulk storerooms, drying rooms, communal wash places or water closets. That part of the bulkhead separating such places from sleeping rooms and external bulkheads shall be efficiently constructed of steel or other approved substance and shall be watertight and gastight.

(3) External bulkheads of sleeping rooms and mess rooms shall be adequately insulated. All machinery casings and all boundary bulkheads of galleys and other spaces in which heat is produced shall be adequately insulated where there is a possibility of resulting heat effects in adjoining accommodation or passageways. Care shall also be taken to provide protection from heat effects of steam and/or hot water service pipes.

(4) Internal bulkheads shall be of approved material which is not likely to harbour vermin.

(5) Sleeping rooms, mess rooms, recreation rooms and alley-ways in the crew accommodation space shall be adequately insulated to prevent condensation or overheating.

(6) Main steam and exhaust pipes for winches and similar gear shall not pass through crew accommodation nor, whenever technically possible, through alley-ways leading to crew accommodation; where they do pass through such alley-ways they shall be adequately insulated and encased.

(7) Inside panelling or sheeting shall be of material with a surface easily kept clean. Tongued and grooved boarding or any other form of construction likely to harbour vermin shall not be used.

(8) The Safety Officer shall decide to what extent fire-prevention or fire-retarding measures shall be required to be taken in the construction of the accommodation.

(9) The wall surface and deckheads in sleeping rooms and mess rooms shall be capable of being easily kept clean and, if painted, shall be light in colour; lime wash must not be used.

(10) The wall surfaces shall be renewed or restored as necessary.

(11) The decks in all crew accommodation shall be of approved material and construction and shall provide a surface impervious to damp and easily kept clean.

(12) Where the floorings are of composition the joinings with the sides shall be rounded to avoid crevices.

(13) Sufficient drainage shall be provided.

Sch. 5.B.13.Ventilation..

(1) Sleeping rooms and mess rooms shall be adequately ventilated.

(2) The system of ventilation shall be controlled so as to maintain the air in a satisfactory condition and to ensure a sufficiency of air movement in all conditions of weather and climate.

(3) Ships regularly engaged on voyages in the tropics shall be equipped with either mechanical means of ventilation or electric fans.

(4) Power for the operation of the aid to ventilation required by Subsection (3) shall, when practicable, be available at all times when the crew is living or working on board and conditions so require.

Sch. 5.B.14.Heating. (Applicable to ships making periodic voyages outside the tropics)..

(1) An adequate system of heating for the crew accommodation shall be provided.

(2) The heating system shall, when practicable, be in operation at all times when the crew is living or working on board and conditions require its use.

(3) In all ships in which a heating system is required the heating shall be by means approved by the Safety Officer.

(4) In any ships in which heating is provided by a stove, measures shall be taken to ensure that the stove is of sufficient size and is properly installed and guarded and that the air is not fouled.

(5) The heating system shall be capable of maintaining the temperature in crew accommodation at a satisfactory level under normal conditions of weather and climate likely to be met with on service.

(6) Radiators and other heating apparatus shall be so placed and, where necessary, shielded as to avoid risk of fire or danger or discomfort to the occupants.

Sch. 5.B.15.Lighting..

(1) Subject to such special arrangements as may be permitted in passenger ships, sleeping rooms and mess rooms shall be properly lighted by natural light and shall be provided with adequate artificial light.

(2) All crew spaces shall be adequately lighted. The minimum standard for natural lighting in living rooms shall be such as to permit a person with a normal vision to read on a clear day an ordinary newspaper in any part of the space available for free movement. When it is not possible to provide adequate natural lighting, artificial lighting of the above minimum standard shall be provided.

(3) In all ships electric lights shall be provided in the crew accommodation. If there are not two independent sources of electricity for lighting, additional lighting shall be provided by lamps or torches for emergency use.

(4) Artificial lighting shall be so disposed as to give the maximum benefit to the occupants of the room.

Sch. 5.B.16.Sleeping accommodation..

(1) Sleeping rooms shall be situated above the load line amidships or aft.

(2) In exceptional cases, if the size, type or intended service of the ship render any other location unreasonable or impracticable, sleeping rooms in the fore part of the ship may be permitted but in no case forward of the collision bulkhead.

(3) In passenger ships on condition that satisfactory arrangements are made for lighting and ventilation, location of sleeping rooms below the load line may be permitted but in no case immediately beneath working alley-ways.

(4) The floor area per person of sleeping rooms intended for ratings shall be not less than 1.58 m2. This area may be reduced to 1.39 m2 in vessels under 30 m long with the approval of the Safety Officer.

(5) Space occupied by berths and lockers, chests of drawers and seats shall be included in the measurement of the floor area. Small or irregularly shaped spaces which do not add effectively to the space available for free movement and cannot be used for installing furniture shall be excluded.

(6) The clear head room in crew sleeping rooms shall not be less than 190 cm.

(7) Where possible, the number of persons allowed to occupy sleeping rooms shall not exceed the following maxima:–

(a) officers: two persons per room;

(b) petty officers: four persons per room;

(c) other ratings: six persons per room;Note: In vessels under 30m long petty officers and ratings may be accommodated together and up to eight persons per room may be permitted.

(8) The maximum number of persons to be accommodated in any sleeping room shall be indelibly and legibly marked in some place in the room where it can conveniently be seen.

(9) Members of the crew shall be provided with individual berths.

(10) Berths shall not be placed side by side in such a way that access to one berth can be obtained only over another.

(11) Berths shall not be arranged in tiers of more than two; in the case of berths placed along the ship’s side, there shall be only a single tier where a sidelight is situated above a berth.

(12) The lower berth in a double tier shall be not less than 30 cm above the floor, the upper berth shall be placed approximately midway between the bottom of the lower berth and the lower side of the deckhead beams.

(13) The minimum inside dimensions of a berth shall be 190 cm by 68 cm.

(14) The framework and the lee-board (if any) of a berth shall be of approved material, hard, smooth and not likely to corrode or to harbour vermin.

(15) If tubular frames are used for the construction of berths, they shall be completely sealed and without perforations which would give access to vermin.

(16) Each berth shall be fitted with a spring bottom or a spring mattress and with a mattress of approved material. Stuffing of straw or other materials likely to harbour vermin shall not be used.

(17) When one berth is placed over another a dust-proof bottom of wood, canvas or other suitable material shall be fitted beneath the spring bottom of the upper berth.

(18) Sleeping rooms shall be so planned and equipped as to ensure reasonable comfort for the occupants and to facilitate tidiness.

(19) The furniture shall include a clothes locker for each occupant. The clothes lockers shall be not less than 91 cm in height and of a cross-section area of 19.30 dm2 and shall be fitted with a shelf and a hasp for a padlock.

(20) Each sleeping room shall be provided with a table or desk, which may be of the fixed, dropleaf or slide-out type.

(21) The furniture shall be of smooth, hard material not liable to warp or corrode.

(22) The drawer or equivalent space for each occupant shall be not less than 0.56 m3.

(23) Sleeping rooms shall be fitted with curtains for the sidelights.

(24) Sleeping rooms shall be fitted with a mirror and cabinet for toilet requisites.

Sch. 5.B.17.Mess rooms..

(1) Sufficient mess room accommodation shall be provided in all ships.

(2) The dimensions and equipment of each mess room shall be sufficient for the number of persons likely to use it at any one time.

(3) Mess rooms shall be equipped with tables and seats sufficient for the number of persons likely to use them at any one time.

(4) Where possible mess rooms shall be located apart from the sleeping rooms and as close as practicable to the galley.

(5) Where available pantries are not accessible to mess rooms, adequate lockers for mess utensils and proper facilities for washing utensils shall be provided.

(6) The tops of tables and seats shall be of damp-resisting material, without cracks and capable of being easily cleaned.

Sch. 5.B.18.Sanitary accommodation..

(1) Sufficient sanitary accommodation including wash basins and tub and/or shower baths, shall be provided in all ships.

(2) A minimum number of two separate water closets shall be provided.

(3) Sanitary facilities for all members of the crew who do not occupy rooms to which private facilities are attached shall be provided for the crew on the following scale:–

(a) one tub and/or shower bath for every eight persons or less; and

(b) one water closet for every eight persons or less; and

(c) one wash basin for every six persons or less:

Provided that when the number of persons in a group exceeds an even multiple of the specified number by less than 50% of the specified number this surplus may be ignored for the purpose of this subsection.

(4) In vessels normally engaged on voyages of not more than four hours’ duration, consideration may be given by the Safety Officer to special arrangements or a reduction in the number of facilities required.

(5) Adequate cold fresh water shall be available in all communal wash places. Hot fresh water or means of heating water should also be available when required by the particular nature of the intended trade of the vessel.

(6) Wash basins and tub baths shall be of adequate size and constructed of approved material with a smooth surface not liable to crack, flake or corrode.

(7) All water closets shall have ventilation to the open air, independently of any other part of the accommodation.

(8) All water closets shall be of an approved pattern and provided with an ample flush of water, available at all times and independently controllable.

(9) Soil pipes and waste pipes shall be of adequate dimensions and shall be so constructed as to minimise the risk of obstruction and to facilitate cleaning.

(10) Sanitary accommodation intended for the use of more than one person shall comply with the following requirements:–

(a) floors shall be of approved durable material easily cleaned and impervious to damp, and shall be properly drained; and

(b) bulkheads shall be of steel or other approved material and shall be watertight up to at least 23 cm above the level of the deck; and

(c) the accommodation shall be sufficiently lighted, heated and ventilated; and

(d) water closets shall be situated convenient to, but separate from, sleeping rooms and wash rooms, without direct access from the sleeping rooms or from a passage between sleeping rooms and water closets to which there is no other access:

Provided that this requirement shall not apply where a water closet is located in a compartment between two sleeping rooms having a total of not more than four persons; and

(e) where there is more than one water closet in a compartment, they shall be sufficiently screened to ensure privacy.

(11) In all ships facilities for washing and drying clothes shall be provided on a scale appropriate to the size of the crew and the normal duration of the voyage.

Sch. 5.B.19.Special requirements..

(1) In ships regularly trading to mosquito-infested ports provision shall be made to protect the crews’ quarters against the admission of mosquitoes by the fitting of suitable screens to side scuttles, ventilators and doors to the open deck.

(2) All ships trading regularly to or in the tropics shall be equipped with awnings for use over exposed decks above crew accommodation and over deck spaces used by the crew for recreation.

PART C – NEW SHIPS OF LESS THAN 20 METRES IN LENGTH.

Sch. 5.C.20. General requirements..

(1) The location, means of access, structure and arrangement in relation to other spaces of crew accommodation shall be such as to ensure adequate security, protection against weather and sea, and insulation from heat or cold, undue noise or effluvia from other spaces.

(2) There shall be no direct openings into sleeping rooms from spaces for cargo and machinery or from engine and deck storerooms, washplaces or water closets.

(3) External bulkheads of sleeping rooms and mess rooms shall be adequately insulated. All machinery casings and all boundary bulkheads of galleys and other spaces in which heat is produced shall be adequately insulated where there is a possibility of resulting heat effects in adjoining accommodation or passage-ways. Care shall also be taken to provide protection from heat effects of steam and/or hot water service pipes.

(4) Internal bulkheads shall be of approved material which is not likely to harbour vermin.

(5) Sleeping rooms, mess rooms and alley-ways in the crew accommodation space shall be adequately insulated to prevent condensation or overheating.

(6) Main steam and exhaust pipes for winches and similar gear shall not pass through crew accommodation nor, whenever technically possible, through alley-ways leading to crew accommodation; where they do pass through such alley-ways they shall be adequately insulated and encased.

(7) Inside panelling or sheeting shall be of material with a surface easily kept clean. Tongued and grooved boarding or any other form of construction likely to harbour vermin shall not be used.

(8) The Safety Officer shall decide to what extent fire-prevention or fire-retarding measures shall be required to be taken in the construction of the accommodation.

(9) The wall surface and deckheads in sleeping rooms and mess rooms shall be capable of being easily kept clean and, if painted, shall be light in colour; lime wash must not be used.

(10) The wall surfaces shall be renewed or restored as necessary.

(11) The decks in all crew accommodation shall be of approved material and construction and shall provide a surface impervious to damp and easily kept clean.

(12) Where the floorings are of composition the joinings with sides shall be rounded to avoid crevices.

(13) Sufficient drainage shall be provided.

Sch. 5.C.21.Ventilation..

(1) Sleeping rooms and mess rooms shall be adequately ventilated.

(2) The system of ventilation shall be such as to maintain the air in a satisfactory condition and to ensure a sufficiency of air movement in all conditions of weather and climate.

(3) Ships regularly engaged on voyages in the tropics shall be equipped with either mechanical means of ventilation or electric fans in cases where natural ventilation is insufficient.

(4) Power for the operation of any aid to ventilation required by Subsection (3) shall, when practicable, be available at all times when the crew is living or working on board.

Sch. 5.C.22.Lighting..

(1) Sleeping rooms and mess rooms shall be properly lighted by natural light and shall be provided with adequate artificial light.

(2) All crew spaces shall be adequately lighted. The minimum standard for natural lighting in living rooms shall be such as to permit a person with a normal vision to read on a clear day an ordinary newspaper in any part of the space available for free movement. When it is not possible to provide adequate natural lighting, artificial lighting of the above minimum standard shall be provided.

(3) In all ships electric lights shall be provided in the crew accommodation. If there are not two independent sources of electricity for lighting, additional lighting shall be provided by lamps or torches for emergency use.

(4) Artificial lighting shall be so disposed as to give the maximum benefit to the occupants of the room.

Sch. 5.C.23.Sleeping accommodation..

(1) Sleeping rooms shall be situated above the load line amidships or aft.

(2) In exceptional cases, if the size, type or intended service of the ship render any other location unreasonable or impracticable, sleeping rooms in the fore part of the ship may be permitted but in no case forward of the collision bulkhead.

(3) The floor area per person of sleeping rooms intended for ratings shall be not less than 1.39 m2.

(4) Space occupied by berths and lockers, chests of drawers and seats shall be included in the measurement of the floor area. Small or irregularly shaped spaces which do not add effectively to the space available for free movement and cannot be used for installing furniture shall be excluded.

(5) The clear head room in crew sleeping rooms shall not be less than 190 cm.

(6) Where possible the number of persons allowed to occupy sleeping rooms shall not exceed the following maxima:–

(a) Officers: two persons per room;

(b) Petty Officers and other Ratings: eight persons per room.

(7) The maximum number of persons to be accommodated in any sleeping room shall be indelibly and legibly marked in some place in the room where it can conveniently be seen.

(8) Members of the crew shall be provided with individual berths.

(9) Berths shall not be placed side by side in such a way that access to one berth can be obtained only over another.

(10) Berths shall not be arranged in tiers of more than two.

(11) The lower berth in a double tier shall be not less than 30 cm above the floor, the upper berth shall be placed approximately midway between the bottom of the lower berth and the lower side of the deckhead beams.

(12) The minimum inside dimensions of a berth shall be 190 cm by 68 cm.

(13) The framework and the lee-board, if any, of a berth shall be of approved material, hard, smooth and not likely to corrode or to harbour vermin.

(14) If tubular frames are used for the construction of berths, they shall be completely sealed and without perforations which would give access to vermin.

(15) Each berth shall be fitted with a spring bottom or a spring mattress and with a mattress of approved material. Stuffing of straw or other materials likely to harbour vermin shall not be used.

(16) When one berth is placed over another a dust-proof bottom of wood, canvas or other suitable material shall be fitted beneath the spring bottom of the upper berth.

(17) Sleeping rooms shall be so planned and equipped as to ensure reasonable comfort for the occupants and to facilitate tidiness.

(18) The furniture shall include a clothes locker for each occupant. The clothes lockers shall be not less than 91 cm in height and of a cross-section area of 19.30 dm2 and shall be fitted with a shelf and a hasp for a padlock.

(19) The furniture shall be of smooth, hard material not liable to warp or corrode.

(20) Sleeping rooms shall be fitted with curtains for the sidelights.

Sch. 5.C.24.Mess rooms..

(1) Sufficient mess room accommodation shall be provided in all ships.

(2) The dimensions and equipment of each mess room shall be sufficient for the number of persons likely to use it at any one time.

(3) Mess rooms shall be equipped with tables and seats sufficient for the number of persons likely to use them at any one time.

(4) Where possible mess rooms shall be located apart from the sleeping rooms and as close as practicable to the galley.

(5) Where available pantries are not accessible to mess rooms, adequate lockers for mess utensils and proper facilities for washing utensils shall be provided.

(6) The tops of tables and seats shall be of damp-resisting material, without cracks and capable of being easily cleaned.

Sch. 5.C.25.Sanitary accommodation..

(1) Sufficient sanitary accommodation including wash basins and tub and/or shower baths, shall be provided in all ships.

(2) Each ship shall be provided with a minimum of one water closet.

(3) Sanitary facilities for all members of the crew who do not occupy rooms to which private facilities are attached shall be provided for the crew on the following scale:–

(a) one tub and/or shower bath for every eight persons or less; and

(b) one water closet for every eight persons or less; and

(c) one wash basin for every six persons or less:

Provided that when the number of persons in a group exceeds an even multiple of the specified number by less than 50% of the specified number this surplus may be ignored for the purpose of this subsection.

(4) In vessels normally engaged on voyages of not more than four hours’ duration, consideration may be given by the Safety Officer to special arrangements or a reduction in the number of facilities required.

(5) Adequate cold fresh water shall be available in all communal wash places.

(6) Wash basins and tub baths shall be of adequate size and constructed of approved material with a smooth surface not liable to crack, flake or corrode.

(7) All water closets shall have ventilation to the open air, independently of any other part of the accommodation.

(8) All water closets shall be of an approved pattern and provided with an ample flush of water, available at all times and independently controllable.

(9) Soil pipes and waste pipes shall be of adequate dimensions and shall be so constructed as to minimise the risk of obstruction and to facilitate cleaning.

(10) Sanitary accommodation intended for the use of more than one person shall comply with the following requirements:–

(a) floors shall be of approved durable material easily cleaned and impervious to damp, and shall be properly drained; and

(b) bulkheads shall be of steel or other approved material and shall be watertight up to at least 23 cm above the level of the deck; and

(c) the accommodation shall be sufficiently lighted and ventilated; and

(d) water closets shall be situated convenient to, but separate from, sleeping rooms and wash rooms, without direct access from the sleeping rooms or from a passage between sleeping rooms and water closets to which there is no other access: Provided that this requirement shall not apply where a water closet is located in a compartment between two sleeping rooms having a total of not more than four persons; and

(e) where there is more than one water closet in a compartment, they shall be sufficiently screened to ensure privacy.

(11) In all ships facilities for washing and drying clothes shall be provided on a scale appropriate to the size of the crew and the normal duration of the voyage.

Sch. 5.C.26.Special requirements..

(1) In ships regularly trading to mosquito-infested ports provision shall be made to protect the crews’ quarters against the admission of mosquitoes by the fitting of suitable screens to side scuttles, ventilators and doors to the open deck.

(2) All ships trading regularly to or in the tropics shall be equipped with awnings for use over exposed decks above crew accommodation and over deck space used by the crew for recreation.

SCHEDULE 6 – MEDICINES AND MEDICAL AND SURGICAL STORES.

Sec. 27.

PART A.
Description
Quantity
Ship Captain’s Medical Guide
1 copy
Antimalarial tablets
(Chloroquine) Adult
300

(Camoquin) Infant
100
Asprin tablets (300 mg)
500
Papaveretum (20 mg ampoule or syrette)
6
Injectable Benzyl Penicillin G (1 Mega-unit per vial 600 mg)
50
Water for injection-(10 ml ampoules)
5
Antacid tablets
100
Kaolin mixture
500 ml
Bactrim or Septrim tablets
100
Chloramphenicol capsules (250 mg)
100
Splinting Wire-Cramer (380 mm x 75 mm)
10 pieces
Weak Iodine solution
100 ml
Dettol
500 ml
Lint (450 g)
2
Cotton wool (450 g)
2
Gauze Bandages (75 mm x 360 mm)
24
Sterile tubes containing catgut (size O plain on needles 26 mm half circle cutting edge)
12
Scissors-fine edge-blunt (sharp surgical) (40 mm)
1 pair

non surgical (190 mm)
1 pair
Dissecting forceps (toothed)
1 pair
Spencer Wells forceps
2 pairs
Scalpel handle
1
Scalpel blades (No. 23)
12 (1 pkt)
Thermometers
2
Stomach tube
1
Tulle Gras (tins of 36 pieces 180 mm x 180 mm)
1
Syringe with needle (20 G. 40 mm prepacked sterile disposable)
50
Serum Needles (for penicillin)
6
Lignocaine 1% (2 ml ampoules)
10
Antibiotic Ointment (tube 15 g)
1
Surgical tape (25 mm)
2 rolls
PART B.
Description
Quantity
Antimalarial tablets
(Chloroquine) Adult
100

(Camoquin) Infant
25
Asprin tablets (300 mg)
100
Kaolin mixture
500 ml
Bactrim or Septrim tablets
100
Weak solution of Iodine
100 ml
Dettol
500 ml
Lint (450 g)
1
Gauze Bandages-(75 mm x 360 mm)
12
Scissors-fine edge-blunt (sharp surgical) (40 mm)
1 pair

non surgical (190 mm)
1 pair
Splinting Wire-Cramer (380 mm x 75 mm)
5 pieces
Antibiotic Ointment (tube 15 g)
1
Dissecting forceps-(non-toothed)
1 pair
Surgical tape (25 mm)
2 rolls
Printed instruction sheet
1 copy
Spencer Wells forceps
1 pair
Antibiotic Powder (15 g)
2
Penicillin tablets (250 mg)
50
Description
Quantity
Antimalarial tablets
(Chloroquine) adult
100

(Camoquin) infant
25
Asprin tablets (300 mg)
25
Kaolin mixture
250 ml
Dettol
100 ml
Gauze Bandages (75 mm)
6
Antibiotic Ointment (tube 15 g)
1
Lint (white) (56 g)
1
Weak solution of Iodine
100 ml
Surgical tape-(25 mm)
2 rolls
Printed instruction sheet
1 copy
Antibiotic Powder (15 g)
2

SCHEDULE 7 – ENTRIES IN OFFICIAL LOG BOOK.

Sec. 43.

PART A – PART A. FOREIGN GOING OR PACIFIC ISLANDS VOYAGES.

Particulars of Entry.
Signatory.
Witness required.
Column 1.
Column 2.
Column 3.
1. The name, port of sub-registry or registry, registry or other number and tonnage of the ship.
Owner, master or agent of the ship
None
2. The name and address of the owner.
Owner, master or agent of the ship
None
3. The name and address of the employer of the crew.
Owner, master or agent of the ship
None
4. The name of the master and details of his certificate of competency.
Owner, master or agent of the ship
None
5. The date on, and the place at, which the official log book is opened.
Owner, master or agent of the ship
None
6. The date on, and the place at, which the official log book is closed.
Owner, master or agent of the ship
None
7. A record of the date and hour of each departure for sea from, and each arrival from sea at, any wharf, port or harbour.
Master
Any officer
8. Where any of the following casualties occur–
Master
Any member of the crew
(a) a loss of life caused by–


(i) fire on board; or


(ii) accident to; or


(iii) accident on board,


the ship; or


(b) the–


(i) loss or presumed loss; or


(ii) stranding; or


(iii) grounding; or


(iv) abandonment,


of the ship; or


(c) any damage caused to, or by, the ship,


a description of the casualty and the place at which, or the position of the ship when, it occurred.


9. A record of every signal of distress, or message that a vessel, aircraft or person is in distress at sea, observed or received.
Master
Any member of the crew
10. Where the master, on receiving at sea a signal of distress, or information from any source that a vessel, aircraft or person is in distress, is unable, or in the special circumstances of the case considers it unreasonable or unnecessary to go to the assistance of that vessel, aircraft or person, a statement of his reasons for not going to the assistance of that vessel, aircraft or person.
Master
Any member of the crew
11. Where a proper officer consents to the termination of an agreement outside of Papua New Guinea, a record of the consent.
Proper officer (if practicable) or master
If the proper officer is signatory-none: If the master is signatory-any member of the crew
12. Where a crewman is left behind in any country outside Papua New Guinea, or is taken to such a country on being ship-wrecked, a record of–
Master
Any member of the crew
(a) the name and number of the crewman; and


(b) the date on which, and the place at which, the crewman was left behind; and


(c) the reason, if known, for the crewman being left behind; and


(d) any provision made by the master on behalf of the employer, to ensure that a proper officer is informed that the crewman has been left behind; and


(e) any provision made to inform the employer that the crewman has been left behind.


13. Where a crewman is left behind in any country outside Papua New Guinea, or is taken to such a country on being ship-wrecked, a record, in relation to the property of the crewman of any–
Master
Any member of the crew
(a) property (including money) left on board the ship; and


(b) property of which the master has taken charge; and


(c) article sold and the price received for it; and


(d) article destroyed or disposed of, and the name of the person to whom disposal was made; and


(e) article delivered to any person specifying the person to whom the delivery was made and the date, place and manner of delivery.


14. Where a person dies on board a ship, or is lost from the ship, or a person being a crewman belonging to a ship dies while temporarily absent from the ship, a record of–
Master or the ship’s doctor
Any member of the crew
(a) the date of the death or loss; and


(b) where the death takes place in the ship, or if the person is lost from the ship, the place at which, or the position of the ship, when, the death or loss occurred; and


(c) where the death takes place away from the ship, the place of death; and


(d) the full name of the person and, where the person is a crewman, his number; and


(e) the sex of the person; and


(f) the age of the person (if known); and


(g) the country of citizenship of the person; and


(h) the cause of death and, if the death is not due to natural causes, details of the circumstances of the death; and


(i) the cause of the loss (if known) and the steps taken to rescue the person lost.


15. Where a crewman belonging to a ship dies leaving property in a ship a record, in relation to that property of–
Master
Any member of the crew
(a) any property of which the master has taken charge; and


(b) any item sold and the price received for it; and


(c) any article destroyed or disposed of and the name of the person to whom disposal was made; and


(d) the delivery of any article to any person.


16. Where a crewman belonging to a ship falls seriously ill, or suffers a serious injury, a record of the–
Master or the ship’s doctor
Any member of the crew
(a) name and number of the crewman; and


(b) circumstances of the illness or injury; and


(c) nature and symptoms of the illness or injury; and


(d) treatment adopted; and


(e) progress of the illness or injury.


PART B – PART B. PAPUA NEW GUINEA VOYAGES.

Particulars of Entry.
Signatory.
Witness required.
Column 1.
Column 2.
Column 3.
1. The name, port of sub-registry or registry, registry or other number and tonnage of the ship.
Owner, master or agent of the ship
None
2. The name and address of the owner.
Owner, master or agent of the ship
None
3. The name and address of the employer of the crew.
Owner, master or agent of the ship
None
4. The name of the master and details of his certificate of competency.
Owner, master or agent of the ship
None
5. The date on, and the place at, which the official log book is opened.
Owner, master or agent of the ship
None
6. The date on, and the place at, which the official log book is closed.
Owner, master or agent of the ship
None
7. A record of the date and hour of each departure for sea from, and each arrival from sea at, any wharf, port or harbour.
Master
Any officer
8. Where any of the following casualties occur–
Master
Any member of the crew
(a) a loss of life caused by–


(i) fire on board; or


(ii) accident to; or


(iii) accident on board,


the ship; or


(b) the–


(i) loss or presumed loss; or


(ii) stranding; or


(iii) grounding; or


(iv) abandonment,


of the ship; or


(c) any damage caused to, or by, the ship,


a description of the casualty and the place at which, or the position of the ship when, it occurred.


9. A record of every signal of distress, or message that a vessel, aircraft or person is in distress at sea, observed or received.
Master
Any member of the crew
10. Where a crewman belonging to a ship dies leaving property in a ship a record, in relation to that property, of–
Master
Any member of the crew
(a) any property of which the master has taken charge; and


(b) any item sold and the price received for it; and


(c) any article destroyed or disposed of and the name of the person to whom disposal was made; and


(d) delivery of any article to any person.


11. Where a crewman belonging to a ship falls ill, or is injured, a record of the–
Master or the ship’s doctor
Any member of the crew
(a) name and number of the crewman; and


(b) circumstances of the illness or injury; and


(c) nature and symptoms of the illness or injury; and


(d) treatment adopted; and


(e) progress of the illness or injury.



Office of Legislative Counsel, PNG


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