Shipping (Certificate of Seaman) Act

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Page 2. In the marginal note to the Shipping (Certificates of Competency as Able Seaman) Regulations under "3 of 1972" insert "L. N. 43/81".

1. This Ordinance may be cited as the Shipping (Certification of Seamen) Ordinance.

"Master" includes every person (except a pilot) having command or charge of a ship;

"seaman" includes every person (except masters, pilots and apprentices duly contracted or indentured and registered) employed and engaged in any capacity on board any ship;

"Tuvalu ship" means any British ship registered in Tuvalu or any ship owned and operated by a person whose principal office of business is in Tuvalu.

3. (1) No seaman engaged on any Tuvalu ship shall be rated Able Seaman unless he is the holder for the time being of a certificate of competency as Able Seaman.

(2) The Minister may make regulations for the grant of certificates of competency as Able Seaman and such regulations shall in particular direct that no certificate shall be granted to any person unless-

(a) he has reached the minimum age prescribed, which shall not be less than 18 years; and

(b) he has performed at least 3 years' qualifying service at sea or has successfully passed through a course of training on a training school approved by the Minister when he may be permitted to reckon time spent in such training as qualifying services; and

Provided that the regulations may authorise the grant of a certificate thereunder to any person, notwithstanding that he has not complied with paragraph (c), if he can show that he was serving as Able Seaman or equivalent or superior seaman rating before or on 14th March 1970.

(3) Any owner or master of a Tuvalu ship who contravenes subsection (1) shall be liable to a fine of $100.

1. These Regulations may be cited as the Shipping (Certificates of Competency as Able Seaman) Regulations.

"certificate of competency" means a certificate of competency as Able Seaman issued under these Regulations;

"major ship" means a ship having in the case of a sailing ship a gross tonnage of 40 tons or more and in the case of any other ship a gross tonnage of 100 tons or more;

"minor ship" means a ship (not being a ship having a gross tonnage of less than 15 tons) having in the case of a sailing ship a gross tonnage of less than 40 tons and in the case of any other ship a gross tonnage of less than 100 tons;

"responsible authority" means in relation to a school or course the person in charge of that school or course as the case may be;

3. A certificate of competency shall not be granted to any person unless either-

(b) has performed the appropriate qualifying service at sea specified for the purpose of this regulation in regulations 6 and 7; and

(c) has passed an examination in the subjects specified in the syllabus set out in Schedule 1; and

(d) is the holder of a certificate of efficiency as lifeboatman issued by or under the authority of the Secretary; and

(e) has, otherwise than for the purpose of receiving instruction therein taken turns at the wheel in steering a major ship, not being a fishing boat, for periods totalling not less than 10 hours; and

(f) he has proved to the satisfaction of the Secretary that he can speak English sufficiently well to perform the duties required of him aboard ship, or

(2) he was on or before the 1st January 1970 serving in the rating of Able Seaman or in an equivalent or superior deck rating in a major ship not being a ship of less than 80 tons gross tonnage trading exclusively between different ports in Tuvalu.

4. (1) A person shall not be eligible to take the examination referred to in condition (1) (c) of regulation 3 unless he has -

(ii) otherwise than for the purpose of receiving instruction therein, taken turns at the wheel in steering a major ship, not being a fishing boat, for periods totalling not less than 10 hours; and

(iii) performed the appropriate qualifying service at sea specified for the purpose of this regulation in regulations 6 and 7.

(2) Application to take the examination may be made at the office of the Secretary and shall be in the form laid down in Schedule 2 and shall, except in cases to which paragraph (5) applies, be accompanied by-

(a) certificates of discharge, and such other certificates signed by the masters of ships in which the applicant has served, as may be necessary to establish to the satisfaction of the Secretary that the applicant has performed the necessary qualifying service, and also, in any case in which any reduction in the period of such qualifying service is claimed under the provisions of regulation 7, the certificate or certificates therein referred to; and

(b) a certificate or certificates showing that the applicant has complied with the requirements of paragraph (1) (ii) (steering experience).

(3) Every such application duly completed shall be lodged with the Secretary who shall, if satisfied that the applicant is eligible to take the examination, ensure that the applicant is notified in due course of the arrangements made for his examination, or, if not so satisfied, inform the applicant in writing that his application is refused stating the reasons.

(4) On completion of every examination, the examiner shall inform the application of the result thereof and shall record the result on his form of application and return the form to the Secretary.

(5) A person who has complied with conditions (1) (a), (b), (d), (e) and (f) of regulation 3 may when applying to take the examination apply also for the grant, should he pass the examination, of a certificate of competency, in which case-

(a) the application shall be accompanied by the documents described in regulation 5(2);

(c) the Secretary shall, on being notified that the applicant has passed the examination and if he is satisfied that the applicant is entitled to the grant of a certificate of competency, cause such a certificate to be issued to the applicant, or, if not so satisfied, inform the applicant in writing that his application for the certificate is refused stating the reasons.

5. (1) Without prejudice to regulation 4 (5), a person who has complied with certificates of the requirements of regulation 3 may apply to the Secretary for the grant of a certificate of competency.

(2) Every such application shall be in the form laid down in Schedule 2 and shall be accompanied-

(a) in the case of an applicant who has complied with the requirements of regulation 3 (1), by-

(i) certificates of discharge, and such other certificates signed by the masters of ships in which the applicant has served, as may be necessary to establish to the satisfaction of the Secretary that the applicant has performed the necessary qualifying service, and also, in any case in which any reduction in the period of such qualifying service is claimed under provisions of regulation 7, the certificate or certificates therein referred to;

(ii) a certificate of efficiency as a lifeboatman issued by or under the authority of the Secretary; and

(iii) certificates showing to the satisfaction of the Secretary that the applicant has complied with conditions (1) (c) and (e) of regulation 3;

(b) in the case of an applicant who claims to be qualified by virtue of the provisions of regulation 3(2), by certificates of discharge or a certificate of service sufficient to establish to the satisfaction of the Secretary that the applicant is so qualified.

(3) Every such application duly completed shall be lodged with the Secretary who shall if satisfied that the applicant is entitled to the grant of a certificate of competency cause such a certificate in the form laid down in Schedule 2 to be issued to the applicant, or, if not so satisfied, inform the applicant in writing that his application is refused stating the reasons.

6. (1) Qualifying service at sea for the purposes of regulations 3(1) and 4(1) shall be either-

(a) service in a deck rating in a ship other than a ship having a general purpose or integrated crew (referred to in this regulation as "service in a deck rating"), or

(b) service in a general purpose rating in a ship having a general purpose or integrated crew (referred to in this regulation as "service in a general purpose rating"); or

(c) service partly in the one and partly in the other of the above mentioned ratings (referred to in this regulation as "mixed service").

(2) Subject to paragraphs (3) and (4) and to regulation 7, the period of qualifying service shall be as follows -

(iii) in the case of mixed service, a period of between 12 and 18 months such that the component periods of service in a deck rating and in a general purpose rating respectively, expressed as percentages of the periods prescribed in relation thereto in subparagraphs (i) and (ii), total 100 percent;

(b) for the purposes of regulation 3 (1), in the case of each type of service the period specified in relation thereto in sub-paragraph (a) plus a further period of 2 years.

(3) In calculating the length of periods of qualifying service for the purpose of paragraph (2) -

(a) a period of service in a minor ship shall count as one half of the period actually so served;

(b) service in a ship having a gross tonnage of less than 15 tons shall be disregarded;

(c) every day by which a period of actual service in a ship exceeds the number of months comprised in that period, and every day of such service comprised in a period of actual service of less than 1 month, shall be treated as one-thirtieth of a month of actual service;

(d) the length of every period of actual service in a ship shall be calculated separately from the date of its commencement to the date of its termination.

(4) Every period of qualifying service shall include a proportion of service in manor ships other than fishing boats, amounting to not less than 25 per cent.

7. (1) Subject to paragraph (2), a person producing a certificate given by the responsible authority showing that he has to the satisfaction of the responsible authority completed or passed a course of pre-sea training at a nautical training school specified in Schedule 3, shall be entitled to a reduction -

(i) in the period of qualifying service required under regulation 6(2) (a) of 4 weeks;

(ii) in the period of qualifying service required under regulation 6(2) (b), of 1 month for each period of weeks attendance and training on that course, less any reduction made pursuant to sub-paragraph (i).

(2) No person shall be entitled by virtue of the provisions of paragraph (1) to a reduction or reductions of qualifying service exceeding a total of 6 months.

8. (1) If a certificate of competency is lost or destroyed, the holder thereof shall forthwith notify the Secretary who shall if satisfied that it has been so lost or destroyed issue a copy of the certificate of competency (so marked) which shall have the same effect as the certificate of competency originally issued.

(2) Any certificate notified as aforesaid as lost or destroyed shall if subsequently recovered be delivered forthwith to the Secretary.

9. The fees specified in Schedule 4 shall be payable in respect of the matters specified in relation thereto in that Schedule.

(2) The names and functions of various parts of the ship, for example decks, compartments, ballast tanks, bilges, airpipes, strum boxes.

(3) Knowledge of the compass and ability to report the approximate bearing of an object in terms of point on the bow.

(6) Markings on a hand lead line, taking a cast of a hand lead and correctly reporting the soundings obtained.

(b) Practical Work (to be tested as far as possible by practical demonstrations)

Reef knot	Bowline and bowline on the bight
Timber hitch	Sheet bend, double and single
Clovehitch	Sheepshank
Rolling hitch	Round turn and two half hitches
Figure of eight	Marlinspike hitch
Wall and crown

To whip a rope's end using plain or palm and needle whipping. To put a seizing on rope and wire. To put a stopper on a rope or wire hawser, and derrick lift.

(10) Splicing plaited and multi-strand manila and synthetic fibre rope, eye splice, short splice and back splice. Splicing wire rope, eye splice using a locking tuck. Care in use of rope and wire.

(14) Rigging a derrick. Driving a winch, engaging and disengaging gears and their use. General precautions to be taken before and during operation of a winch whether used for working cargo or for warping.

(15) The use and operation of a windlass in anchor work and in warping. Stowage of chain cable in the chain locker and securing the anchor for sea.

(16) A knowledge of the gear used in cargo work and an understanding of its uses. General maintenance with special reference to the overhauling of gin blocks and guy blocks.

(a) he understands and can carry out orders relating to lifeboat launching and operation and the management of a boat under sail;

(b) he understands the general principles of boat management in a tideway and in bad weather and in landing on all kinds of beaches or in a surf; and

(c) he is familiar with a lifeboat and its equipment and the starting and running of the engines of a powered boat.

(a) Fire prevention. Precautions to be taken against the outbreak of fire aboard ship. Safe storage of combustible materials aboard ship. Spontaneous combustion and precautions to be taken against it. Fire Patrol.

(b) Fire detection. Formation of heat and smoke. Smoke and fire detection apparatus.

(21) Oral and Practical (the examiner will test the candidate's knowledge by both oral questions and practical demonstrations)-

(a) Fire control. Closing of doors, ports and other openings. Closing of fire control doors. Protection of adjoining compartments.

(b) Fire fighting. Knowledge and use of all fire fighting equipment normally carried aboard a seagoing vessel. Different ways of fighting various types of fires. Duties of fire fighting team.

(c) Rescuing of injured persons and persons overcome by smoke. Artificial respiration and elementary first aid.

Name in full .....................................................................................................................
Date of application ...........................................................................................................
Age of Applicant ................ years.
Total qualifying service in months and days for which proof is now produced-

Address to which reply should be sent- .................................................................

Signature of applicant .........................................................................................

(a) Certificate of discharge or service proving the qualifying service claimed above.

(b) In the case of a candidate claiming remission of sea service a certificate proving satisfactory pre-sea training.

The prescribed fee of $1.00 received on R.R. ................................................... dated ...............................................

PART "B"
(To be completed by Examiner and returned to the Secretary to the Minister)

This is to certify that 1 have today examined ......................................................... in accordance with the requirements of the Shipping (Certificates of Competency as Able Seaman) Regulations and that he has passed/failed* the examination.

Name in full.........................................................................................................................
Date of Application .............................................................................................................
Age of Applicant ................................. years.
Total qualifying service in months and days for which certificates are now produced-

The following certificates are attached: (Applicant should cross out any items not submitted with this application) -

(i) Certificate of discharge or service proving the qualifying service claimed above.

(ii) Certificate proving pre-sea training if a remission of sea-time is being claimed.

*(i) The above application has been rejected by me on the following grounds .............................................................................................

* (ii) The above application has been accepted bye me and payment of the prescribed fee of $1 received on R. R .......................... and I have issued applicant with Certificate of Competency.

.........................................
Signature of Secretary to the Minister
Date .........................................

Whereas it has been reported to me that you have been found duly qualified to fulfil the duties of an Able Seaman in the Merchant Service, I do hereby in pursuance of the Shipping (Certificates of Competency as Able Seaman) Regulations grant you this certificate of competency.

Signature of holder ....................................
Year of Birth ...................................
Place of Birth ..................................
Discharge Book Number .....................
This certificate is given upon an examination passed at ................................... on the .................. day of ........., 19...

Issued at the Port of ........................... on the ..................... day of .............., 19...

		$	c.
1.	For sitting the examination specified in regulations 3 (1) (c), except in cases to which paragraph 3 of this Schedule applies.......................................	1	00

2.	For the grant of a certificate of competency, except in cases to which paragraph 3 of this schedule applies...................................................	1	00

3.	For sitting the said examination and for the grant of a certificate of competency in the case of a person making application therefore under regulation 4 (5) and passing the examination ........................................	1	00

4.	For a copy of a certificate of competency issued pursuant to regulation 8, except where the loss or destruction of the original certificate was occasioned by the wreck or loss of a ship or by a fire on board ship, in which case no fee shall be payable...........................................................................		50

Name of ship on which served	Date of		Capacity in which served	Qualifying Service claimed		For Official Use only
	Engagement	Discharge		Months	Days

Name of ship on which served	Date of		Capacity in which served	Qualifying Service claimed		For Official Use only
	Engagement	Discharge		Months	Days

Place	Name of School	Maximum period of sea service
Tarawa	Marine Training School	6 Months
Honiara	Honiara Technical Institute	6 Months
	(T. S. Ranadi)

Tuvalu Consolidated Legislation

Shipping (Certificate of Seaman) Act