Arrangement of Sections
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MERCHANT SHIPPING (FEES) REGULATIONS,
1994
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MERCHANT SHIPPING (APPLICATION OF SAFETY CONVENTION, 1974) ORDER, 2004
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MERCHANT SHIPPING (MARITIME SERVICE PROVIDERS)
REGULATIONS, 2011
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MERCHANT SHIPPING (PORT STATE CONTROL)
REGULATIONS, 2011
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MERCHANT SHIPPING (FEES) REGULATIONS,
2011
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MERCHANT SHIPPING (LICENSING OF VESSELS)
REGULATIONS, 2012
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THE MERCHANT SHIPPING (SMALL VESSEL
SAFETY) REGULATIONS, 2012
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MERCHANT SHIPPING (TRAINING AND
CERTIFICATION) REGULATIONS, 2012
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THE MERCHANT SHIPPING (SAFE MANNING)
REGULATIONS, 2012[L.N. 116/2012.]
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THE MERCHANT SHIPPING (RADIO COMMUNICATIONS)
REGULATIONS, 2012[L.N. 117/2012.]
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THE MERCHANT SHIPPING (CO-OPERATION
WITH SEARCH AND RESCUE SERVICES) REGULATIONS, 2014[L.N. 88/2014.]
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THE MERCHANT SHIPPING (SURVEY AND CERTIFICATION)
REGULATIONS 2014[L.N. 89/2014.]
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MERCHANT SHIPPING (CASUALTY REPORTING
AND INVESTIGATION) REGULATIONS, 2014[L.N. 90/2014.]
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MERCHANT SHIPPING (SAFE MANNING) REGULATIONS,
2014[L.N. 91/2014.]
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THE MERCHANT SHIPPING (INTERNATIONAL
SAFETY MANAGEMENT (ISM CODE) REGULATIONS, 2015[L.N. 150/2015.]
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MERCHANT SHIPPING (OCCUPATIONAL SAFETY) REGULATIONS, 2015[L.N. 151/2015.]
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1.Citation
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2.Interpretation
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3.General application
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4.Duties of employers
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5.Safety equipment and facilities to be provided by employers
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6.First-aid kit and first-aider
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7.Report of accidents or serious injuries on board vessels
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8.Definitions
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9.Application
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10.Duties of an employer
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11.Appointment, termination of appointment, and functions of
safety officers
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12.Appointment, termination of appointment, and functions of
safety committees
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13.Election, termination of office, and functions of safety
representatives
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14.Requirements and duties of employers regarding safety officers,
safety committees and safety representatives to enable them to perform
their functions
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15.Access equipment
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16.Use of access equipment
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17.Hatch coverings
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18.Lifting plant
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19.Safeguarding of machinery
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20.Electrical equipment
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21.Safety measures when working under hazardous conditions
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22.Safe access of persons on board
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23.Transit areas
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24.Lighting
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25.Safety signs
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26.Guardrails
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27.A Fixed ladders
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28.Enclosed or confined spaces
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29.Definitions
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30.Application
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31.Duties of owners, masters and employers
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32.Appointment, termination of appointment, and functions of
a safety officer
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33.Record books
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34.Definition
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35.Application
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36.Duties of employee
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37.Appointment, termination of appointment, and functions of
safety officers
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38.Appointment, termination of appointment, and functions of
safety appointees
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39.Appointment, termination of appointment and functions of
safety committees
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40.Records books
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41.Offences and penalties
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MERCHANT SHIPPING (SHIP IDENTIFICATION
NUMBER) REGULATIONS, 2015[L.N. 154/2015.]
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MERCHANT SHIPPING (TRAINING AND CERTIFICATION) REGULATIONS, 2016
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1.Short title
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(2)Interpretation
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3.Application
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4.Purpose of these regulations
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5.Issuance of masters, officers or rating certificates
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6.Certificates issued by other Parties
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7.Certificates for radio operators
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8.Functions specifying the standards of competence and the levels of responsibility
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9.Recognition of certificates
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10.Endorsements
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11.Certificates to be kept on board the ship
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12.Information on the status of certificates, endorsements and dispensations
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13.Dispensation
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14.Equivalents and equivalency of certificates
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15.Revalidation of certificates
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16.Near-coastal voyages
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17.Defining near-coastal voyages
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18.Control procedures
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19.Limitation of control procedures, deficiencies and detention of a ship
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20.Assessment of the ability of the seafarers of the ship to maintain watchkeeping and security standards
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21.Impartial investigation, withdrawal, suspension and cancellation
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22.Communication of information
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23.Medical standards
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24.Conduct of trials
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25.Officer in charge of a navigational watch on ships of 500 gross tonnage or more
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26.Master and chief mate on ships of 500 gross tonnage or more
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27.Master and chief mate on ships of between 500 and 3,000 gross
tonnage
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28.Restriction of certificate to near-coastal voyages
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29.Officer in charge of a navigational watch and of master on
ships of less than 4500 gross tonnage not engaged on near-coastal
voyages
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30.Officer in charge of a navigational watch on ships of less
than 500 gross tonnage engaged on near-coastal voyages
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31.Master on ships of less than 500 gross tonnage engaged on
near-coastal voyages
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32.Exemptions due to size of ship and conditions of voyage
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33.Rating forming part of a navigational watch
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34.Able seafarer deck
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35.Officer in charge of an engineering watch in a manned engine-room
or designated duty engineers in a periodically unmanned engine-room
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36.Chief engineer officer and second engineer officer on ships
powered by main propulsion machinery of 3,000 kW propulsion power
or more
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37.Chief engineer officer and second engineer officer on ships
powered by main propulsion machinery of between 750 kW and 3,000 kW
propulsion power
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38.Rating forming part of a watch in a manned engine-room or
designated to perform duties in a periodically unmanned engine room
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39.Able seafarer engine in a manned engine room or designated
to perform duties in a periodically unmanned engine-room
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40.Electro-technical officer
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41.Electro technical rating
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42.Application of this Part
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43.GMDSS radio operators certificates
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44.Certificates and endorsements issued to masters, officers
and ratings on certain types of ship
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45.Basic training for oil and chemical tanker cargo operations for masters, officers and ratings on oil and chemical tankers
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46.Advanced training for oil tanker cargo operations
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47.Advanced training for chemical tanker cargo operations
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48.Basic training for liquefied gas tanker cargo operations for masters, officers and ratings on liquefied gas tankers
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49.Advanced training for liquefied gas tanker cargo operations
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50.Application of this division
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51.Crowd management training
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52.Safety training
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53.Crisis management and human behaviour training
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54.Passenger safety, cargo safety and hull integrity training
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55.Refresher training
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56.Basic safety training and instruction for all seafarers
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57.Proficiency in survival craft, rescue boats and fast rescue
boats
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58.Advanced fire fighting
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59.Medical First Aid and Medical Care
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60.Ship Security Officers
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61.Security related familiarisation training
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62.Security awareness training
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63.Seafarers with designated security duties.
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64.Issue of alternative certificates
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65.Certification of seafarers
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66.Principles governing the issue of alternative certificates
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67.Application of this part
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68.Boat operator
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69.Coxswain (grade) 3
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70.Coxswain (grade) 2
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71.Coxswain (grade) 1
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72.Master (port operations)
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73.Second class engine officer (Port Operations)
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74.First class engine officer (port operations)
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75.Engine Rating (Port Operations)
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76.Able seafarer engine (Port operations)
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77.Head of seafarer training, examination and certification
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78.Syllabus committee
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79.Quality Standards System
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80.Independent evaluation
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81.Inspection and audit of training institutions
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82.Supervision and monitoring of training
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83.Training and assessment
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84.Approval of instructors, supervisors and assessors
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85.Qualification of instructors, supervisors and assessors
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86.Approval of training course or syllabus
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87.Approval of training institutions
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88.Distance learning and e-learning
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89.Register of approved training institutions, courses and programmes
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90.Written examinations
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91.Levels of assessment
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92.Shipboard training record book and workshop skills training record book
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93.Shipboard training
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94.Approved seagoing service
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95.Calculating qualifying service
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96.Sea service testimonials and proof of watchkeeping service
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97.Removal of “coastal” limitation
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98.Removal of tonnage limitation
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99.Removal of propulsion power limitation
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100.Recognition of seagoing service performed on board Kenya Navy ships
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101.Novel craft
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102.Compliance with performance standards
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103.Performance standards for simulators used in training and simulators used in assessment of competence
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104.Radar simulation
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105.Automatic Radar Plotting Aid (ARPA) simulation
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106.Simulator training objectives
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107.Training procedures
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108.Assessment procedures
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109.Qualifications of simulator instructors and assessors
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110.Appointment of examiners
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111.Oral examination
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112.Proof of identity
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113.Fraudulent Conduct
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114.Offences, penalties and defences
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115.Extension of all co-operation possible to any Party
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116.Director-General may impose penalty upon admission of guilt
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117.Transitional provisions and savings
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118.Repeal of L.N 115/2012
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2....
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3.FORMAT OF CERTIFICATE OF PROFICIENCY ISSUED TO RATINGS
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4.Format of Certificate of Proficiency issued under Parts III, IV, VI and VII
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MERCHANT SHIPPING (SEAFARER MEDICAL EXAMINATION
AND CERTIFICATION) REGULATIONS, 2016
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MERCHANT SHIPPING (FEES) REGULATIONS,
1994
[L.N. 150/1994, L.N. 109/2001.]
Revoked by L.N. 192/2011 .
MERCHANT SHIPPING (APPLICATION OF SAFETY CONVENTION, 1974) ORDER, 2004
[L.N. 60/2004.]
1. |
This Order may be cited as the Merchant Shipping (Application of Safety Convention, 1974) Order, 2004.
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2. |
The Safety Convention, 1974, including the protocols and amendments thereto, being a convention to which Kenya is a party, is declared to be a convention applicable to Kenya under the Merchant Shipping Act.
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MERCHANT SHIPPING (MARITIME SERVICE PROVIDERS) REGULATIONS, 2011
ARRANGEMENT OF REGULATIONS
PART I – PRELIMINARY
PART II — LICENSING
4. |
Role of the Authority.
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5. |
Qualifications for licensing.
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6. |
Application for licence.
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7. |
Membership to registered associations.
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9. |
Fine, suspension or revocation of licence.
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DISCIPLINE
12. |
Professional misconduct.
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13. |
Changes in companies.
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15. |
Obligations of maritime service providers.
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16. |
Disciplinary proceedings.
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PART IV — MISCELLANEOUS PROVISIONS
18. |
Submission of information.
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19. |
Inspection of premises.
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20. |
Marine cargo movement mechanism.
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21. |
Authority may impose penalty upon admission of guilt.
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22. |
Transitional provisions.
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SCHEDULES
FIRST SCHEDULE — |
MARITIME SERVICE PROVIDERS AND THEIR SCOPE OF SERVICE
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SECOND SCHEDULE — |
APPLICATION FOR A LICENCE AS A MARITIME SERVICE PROVIDER
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THIRD SCHEDULE — |
LICENCE TO PRACTISE AS A MARITIME SERVICE PROVIDER KENYA MARITIME AUTHORITY
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FOURTH SCHEDULE — |
MINIMUM TERMS FOR SERVICE LEVEL AGREEMENTS
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MERCHANT SHIPPING (MARITIME SERVICE PROVIDERS)
REGULATIONS, 2011
[L.N. 112/2011.]
PART I – PRELIMINARY
1. |
Citation
These Regulations may be cited as the Merchant Shipping (Maritime Service Providers) Regulations, 2011.
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2. |
Application
(1) |
These Regulations shall apply to—
(a) |
the maritime service providers specified in the First Schedule whilst performing any of the services set out in that Schedule; and
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(b) |
such other maritime service providers as the Minister may gazette under section 2 of the Act.
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(2) |
A licence granted to a clearing and forwarding agent under section 145 of the East African Customs Community Management Act, 2004, shall, in so far as it provides services in respect of maritime cargo, be deemed to be a licence under these Regulations and the provisions of regulations 5, 6, 8, 9 and 10 shall not apply to clearing and forwarding agents.
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3. |
Interpretation
In these Regulations, except where the context otherwise requires—
“bill of lading” means a document signed by an ocean carrier or his representative and issued to a shipper that evidences the receipt of goods for shipment, contract of carriage and ownership or title of goods;
“cargo consolidator” means a person who accepts less than container load shipments from individual shippers, and then combines them for delivery to the carrier as a full container load container for shipment;
“cargo manifest” means a document that lists in detail all the bills of lading issued by a carrier or its agent or master for a specific voyage or a detailed summary of total cargo loaded on board a vessel;
“charterer” means a person, firm or company hiring a vessel for the carriage of goods or other purposes;
“clearing and forwarding agent” means any person licensed to act as an agent under section 145(1) of the East African Community Customs Management Act, 2004;
“Commissioner” has the same meaning as in the East African Community Customs Management Act, 2004;
“consignee” means an agent, company or person receiving an import consignment;
“consignor” means an agent, company or person sending or exporting a consignment;
“container” means a metallic container for stuffing cargo in transit and which conforms to standards set by the International Standards Organization;
“container freight station” means a common user facility with cargo handling facilities licensed to offer services for handling and temporary storage of import laden containers, and motor vehicles under customs control;
“container handling facility” means a container freight station or an empty container handling and storage depot;
“freight manifest” means a manifest which shows particulars of freight and charges;
“goods” includes all kinds of articles, wares, merchandise, livestock and currency;
“licence” means a licence issued under these Regulations;
“pad” means the addition by a ship’s agent of extra charges to an invoice to make it higher than the appropriate charge;
“port service provider” means a person, in Kenya, engaged in the business of providing services of port facility, quay side, warehouse or other terminal facilities in connection with a common carrier or a water carrier;
“principal” means a person on whose behalf, another person acts as an agent in the business of maritime service provision;
“register” means the register maintained by the Authority under regulation 4(e);
“restrictive trade practices” means the restrictive trade practices described under the Competition Act, 2010 or any other law for the time being in force in Kenya;
“service level agreement” means an agreement made in writing between a maritime service provider and a party which formally defines the level of service, performance and commitment by the parties to the terms thereof;
“shipper” means a consignor, exporter, or seller using shipping services to transport and deliver goods, or a non vessel owning common carrier that accepts responsibility for payment of all applicable charges under the service level agreement;
“shipping line” means any person who provides sea transport using his own or chartered vessels or hires slots or space from other vessels in operation or managing the business of shipping;
“ship’s agent” means a person licensed by the Authority and appointed by a ship operator, including a ship owner or charterer, to act as its agent in Kenya in providing any of the services specified under regulation 2;
“tariff” means the actual rates, charges and surcharges applied by a maritime service provider in providing the transportation service.
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PART II – LICENSING
4. |
Role of the Authority
The functions of the Authority shall be to—
(a) |
license maritime service providers;
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(b) |
promote fair competition among maritime service providers;
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(c) |
promote and enforce high standards of professional and ethical conduct;
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(d) |
formulate and promote the attainment of the highest standards of competence, and qualifications among respective maritime service providers;
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(e) |
maintain a register for persons licensed to practice as maritime service providers, the various categories of maritime service providers and to publish from time to time information relating to such register;
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(f) |
provide for a framework for consultations on the cost and quality of maritime transport services;
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(g) |
monitor the standards of infrastructure, equipment, facilities and services as the Authority may specify by notice in the Gazette, and
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perform such other functions as specified under section 8(2)(h) of the Act.
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5. |
Qualifications for licensing
(1) |
A person shall be eligible to be licensed as a maritime service provider if such person is a citizen of Kenya, or is a company incorporated under the Companies Act Cap. 486) in which not less than fifty-one per cent of the share capital is held directly by a citizen of Kenya.
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(2) |
Notwithstanding paragraph (1) any company which holds a licence to operate as a maritime service provider shall within eighteen months from the date of commencement of these Regulations, comply with the provisions of that paragraph.
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(3) |
The maritime service provider referred to in paragraph (2) may, at any time within eighteen months from the date of commencement of these Regulations, apply for, and upon satisfying the requirements of regulation 11, be entitled to the grant of a licence under these Regulations.
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(4) |
A ship’s agent or cargo consolidator shall be eligible to be licensed under these Regulations if such agent or consolidator, is of good standing and its reputation as evidenced by a letter of recommendation from the principal.
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(5) |
A container handling facility shall be eligible for licensing if it is located in an area where it does not inhibit accessibility to other users.
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(6) |
A person shall in addition to the foregoing paragraphs, be eligible for licensing if the person—
(a) |
has complied with the requirements of regulations 7 and 11; and
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(b) |
is financially sound evidenced by—
(i) |
financial resources adequate to its business evidenced by references from banks, financial institutes, auditors and reputable credit reference companies, to the satisfaction of the Authority; and |
(ii) |
a minimum paid-up share capital as may be specified under paragraph (7). |
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(7) |
The Authority shall specify by notice in the Gazette, the minimum paid-up share capital to be maintained by a maritime service provider that is a body corporate.
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(8) |
A maritime service provider shall, whenever requested to do so by the Authority, demonstrate that it has complied with paragraph (1).
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(9) |
A person shall be not eligible for a licence or any renewal thereof if such person—
(a) |
has been convicted of corruption, an economic crime or other criminal offence that amounts to a felony under the law of Kenya; or
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(b) |
has not complied with any of the provisions of this Act or any other law.
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(10) |
Paragraphs (1), (5), (6), (7) and (8) shall not apply to shipping lines.
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6. |
Application for licence
(1) |
An application for a licence as a maritime service provider shall be made to the Authority in the form set out in the Second Schedule.
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(2) |
The Authority may approve or reject an application and shall notify the applicant of its decision together with reasons within sixty days from the date of receipt of the application.
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(3) |
Where the Authority approves an application for a licence or the renewal of a licence, the Authority shall, upon payment of such standard fee as it may determine, issue to the applicant the appropriate licence or renewal of the licence.
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(4) |
A licence issued under these Regulations shall—
(a) |
be in the form set out in the Third Schedule;
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(b) |
be valid for one year and shall, in any case, expire on the 31st of December, of each year;
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(c) |
be limited exclusively to use by the named licensee and shall not be transferred to any other person without prior approval of the Authority; and
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(d) |
be issued upon such other conditions as may be specified by the Authority in the license.
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(5) |
Any person who carries on the business of a maritime service provider without a valid licence commits an offence and shall be liable on conviction to a fine not exceeding ten million shillings or imprisonment for a term not exceeding three years, or both such fine and imprisonment.
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7. |
Membership to registered associations
(1) |
A maritime service provider, other than a shipping line, who is licensed under Regulation 6 shall within sixty days of the issuance of the licence apply to join an association.
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(2) |
For purposes of paragraph (1), an association shall be approved by the Authority if such association has filed with the Authority certified copies of its—
(b) |
certificate of registration;
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(d) |
disciplinary procedures; and
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(e) |
details of registered office.
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(3) |
An Association shall have the primary responsibility of providing and monitoring a code of conduct and standards of competence for the particular category of maritime service providers through service level agreements and the Authority may revoke its recognition if in it’s opinion the Association is not carrying out its primary responsibility.
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(4) |
This regulation shall come into operation after the expiration of twelve months after the commencement of these Regulations.
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8. |
Renewal of licence
(1) |
Any person who holds a licence may apply for its renewal subject to the requirements set out under this regulation.
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(2) |
The application under paragraph (1) shall—
(a) |
be made not later than sixty days before the date of expiry of the licence;
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(b) |
be accompanied by a non-refundable application fee as may, by notice in the Gazette, be specified by the Authority; and
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(c) |
be in the form set out in the Second Schedule.
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(3) |
The Authority may approve or reject the application for the renewal of a license and shall notify the licensee of its decision before the expiry of sixty days from the date of lodging the application.
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9. |
Fine, suspension or revocation of licence
(1) |
A maritime service provider who—
(a) |
fails to comply with the terms and conditions of the grant of the licence;
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(b) |
ceases to hold any of the qualifications specified in these Regulations;
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(c) |
fails to renew the licence within the period specified under regulation 8; or
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(d) |
fails to meet any of the standards specified in these Regulations,
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|
commits an offence and shall be liable on conviction to a fine of not more than three million shillings.
(2) |
If despite the fine imposed under paragraph (1), a maritime service provider continues committing the offences mentioned in paragraph (1), the Authority may, subject to these Regulations, suspend or revoke the licence.
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(3) |
Where the Authority suspends or revokes a licence issued under these Regulations, the Director-General shall notify the licensee of the decision of the Authority within fourteen days of the date of the decision.
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10. |
Appeals
(1) |
Any person whose application for a licence or renewal has been denied or whose licence has been suspended or revoked may, within twenty one days of receipt of the notice of such refusal, suspension or revocation, appeal to the Minister.
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(2) |
Any person aggrieved by the Minister’s decision may within fourteen days of such decision, make a further appeal to the High Court.
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11. |
Professional staff
(1) |
A maritime service provider other than a shipping line shall have among its staff professionals qualified in accordance with paragraph (2).
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(2) |
A person shall be deemed to be professionally qualified, if such person—
(a) |
demonstrates competence in executing the tasks related to their area of maritime service; and
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(b) |
has passed such professional examinations relevant to the maritime service as offered by a professional institution of national or international repute as the Authority may from time to time publish in the Gazette.
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(3) |
A maritime service provider shall, within five years from the date of its first licensing under these Regulations, ensure that at least sixty per cent of its management staff have successfully sat and passed the professional examinations referred to in paragraph (2).
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PART III – DISCIPLINE
12. |
Professional misconduct
(1) |
It shall be professional misconduct for any maritime service provider—
(a) |
to fail to abide by a code of conduct set out by the recognized association;
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(b) |
to fail to apply a standard of competence set by the maritime providers association and approved by the Authority;
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(c) |
to fail to observe all laws and other regulations relevant to his duties;
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(d) |
to fail to exercise due diligence to guard against fraudulent and corrupt practices;
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(e) |
to engage in restrictive trade practices;
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(f) |
to fail to discharge his duties to his clients or customers with honesty, integrity and impartiality;
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(g) |
to fail to exercise due care when handling cargo on behalf of the customers or shippers;
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(h) |
to fail to exercise due care when handling monies on behalf of his principal;
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(i) |
to attempt to influence the conduct of any official of the port, customs or any other person in any matter pending before such official or person or his subordinates by the use of threat, false accusation, duress or the offer of any inducement or promise of advantage or by the bestowing of any gift or favour or other thing of value;
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(j) |
to attempt to bribe or provide other illegal benefits to influence the behaviour of port, container freight station, customs personnel or functions of customs officers;
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(k) |
to fail to observe any other professional conduct as may be prescribed by the Authority.
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(2) |
The Authority may, where it deems appropriate, suspend the licence of any person charged with a criminal offence pending the outcome of the proceedings.
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13. |
Changes in companies
(1) |
Whenever a company holding a licence undergoes any change in its directors, company name, location or its shareholding, such a change shall be communicated by the company to the Authority within fourteen days of such change:
Provided that any change in shareholding shall be subject to regulation 5(1).
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(2) |
The provisions of this regulation shall not apply to a shipping line.
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(3) |
A person who contravenes the provisions of this regulation commits an offence and shall be liable, on conviction, to a fine not exceeding ten million shillings or to imprisonment for a term not exceeding three years, or both.
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14. |
(1) |
A service level agreement for a maritime service provider under these Regulations shall contain the minimum standard terms specified in the Fourth Schedule.
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(2) |
A service level agreement may, where necessary, in addition to the matters specified in paragraph (1), contain an undertaking as to the minimum facilities and equipment necessary for the delivery of maritime services in line with the service provider’s operations.
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15. |
Obligations of maritime service providers
(1) |
A maritime service provider shall—
(a) |
provide its services in accordance with the relevant written laws and international standards pertaining to the maritime service;
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(b) |
observe business ethics and professional integrity;
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(c) |
inform the Authority in writing of any changes in the information provided in the application form, annexes thereto or authorization certificates within thirty days of the date of such change; and
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(d) |
have in place adequate liability insurance to cover all its professional liabilities.
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(2) |
A person who contravenes the provisions of this regulation commits an offence and shall be liable on conviction to a fine not exceeding ten million shillings or to imprisonment for a term not exceeding three years, or both.
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16. |
Disciplinary proceedings
(1) |
(a) |
is of the opinion that a marine service provider has committed a professional misconduct; or
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(b) |
receives a complaint or allegation that a marine service provider has committed an act of misconduct,
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(c) |
the Authority shall commence an inquiry by issuing a notice in writing to that maritime service provider.
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(2) |
The notice issued by the Authority under paragraph (1) shall—
(a) |
state the Authority’s opinion, or the complaint or allegation of misconduct received, as the case may be; and
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(b) |
require the maritime service provider to submit, within such time not being longer than thirty days, as may be specified in the notice, a response in writing.
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(3) |
Upon receipt of the written response, or where no such a response has been received, within the time limit set out under paragraph (2)(b), the Authority shall inquire into the grounds set out in its notice under paragraph (1) or such of the grounds not admitted, as the case may be.
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(4) |
The Authority may, in the course of the inquiry, consider such documentary evidence and take such oral evidence as may be relevant or material to the inquiry, and may put any questions to any person tendering evidence for or against the maritime service provider.
|
(5) |
The maritime service provider shall be entitled to cross examine any person on the grounds forming the basis of the proceedings but where the Authority declines to examine any person on the ground that his or her evidence is irrelevant or immaterial, it shall record its reasons in writing.
|
(6) |
At the conclusion of the inquiry, the Authority shall prepare a report of its findings with appropriate orders.
|
(7) |
The Authority shall subject to paragraph (9) furnish the maritime service provider with a copy of its report and the maritime service provider shall within a period of not more than thirty days from the date of receipt of the report, submit, in writing, any representations which it may have against the findings.
|
(8) |
The Authority, in making the report under paragraph (6), may—
(a) |
caution the maritime service provider; or
|
(b) |
suspend the licence of the maritime service provider; or
|
(c) |
revoke the licence of the maritime service provider; or
|
(d) |
if there is a finding of an offence as provided in regulation 9(2), apply the sanctions provided thereunder.
|
|
(9) |
Where the maritime service provider is a clearing and forwarding agent, the Authority shall make such recommendations as may be appropriate to the Commissioner.
|
(10) |
The Authority may make any such order as to payment by any party of any costs or witness expenses and of the expenses of the Authority or the members thereof in connection with the hearing of any complaint as it may think fit.
|
(11) |
Any maritime service provider aggrieved by any decision or order of the Authority, may appeal to the Minister, with a further appeal to the High Court.
|
|
PART IV – MISCELLANEOUS PROVISIONS
17. |
Tariffs
(1) |
The Authority may require a maritime service provider to file with the Authority its tariffs showing the actual rates, charges and surcharges applied in providing all services rendered and the maritime service provider shall comply with such requirement within seven days of such requirement being made.
|
(2) |
A maritime service provider shall not amend the tariff as provided under paragraph (1) without notifying the Authority.
|
(3) |
No maritime service provider shall pad customs or other statutory fees charged to customers.
|
(4) |
Charges for services delivered locally shall be raised and paid for in Kenyan currency.
|
(5) |
Any person who contravenes the provisions of this regulation commits an offence and shall be liable on conviction to a fine not exceeding ten million shillings or to imprisonment for a term not exceeding three years, or both.
|
|
18. |
Submission of information
(1) |
The Authority may require or order any maritime service provider to file with it any report, cargo manifest, freight manifest, answers to questions, documentary material or other information that the Authority finds appropriate; and may require the response to such order to be made in such form and within such time as may be specified by the Authority.
|
(2) |
A maritime service provider shall submit copies of annual returns to the Authority within one month after the deadline for the filling of the annual reports.
|
(3) |
A maritime service provider who fails to file a report or document when required to do so by the Authority under paragraph (1) or who contravenes paragraph (2) commits an offence and shall be liable on conviction to a fine not exceeding ten million shillings or to imprisonment for a term not exceeding three years, or both.
|
|
19. |
Inspection of premises
(1) |
The Authority may inspect the premises of a maritime service provider for the purposes of promoting commitment to the advancement of excellence, professionalism as well as ethical standards of trade in all aspects of the business of the maritime service provider.
|
(2) |
Such visits shall focus on standards of customer care, complaints handling, supervision and management of the maritime service provider’s facility.
|
(3) |
The maritime service provider shall allow free entry and exit to the premises of the maritime service provider and access to all records pertinent to the handling of cargo, ledgers, details of complaints received, copies of the maritime service provider’s complaints procedure, terms of business, details of any risk management measures, contract documents and any other details which may be relevant for the visit.
|
(4) |
At the end of every visit, the Authority shall meet with the maritime service provider and summarize its findings.
|
(5) |
The Authority shall keep records of each visit undertaken under this regulation, which shall include the particulars, description and recommendations made after each visit.
|
(6) |
Where any recommendations are made under this regulation, the Authority may within such time and in such manner as it shall specify, require the maritime service provider concerned to implement or cause to be implemented the recommendations contained in the record of visit.
|
(7) |
The Authority may suspend a maritime service provider’s licence for any failure to implement a requirement as contained in paragraph (6) above.
|
(8) |
(a) |
obstructs or hinders the Authority in the exercise of its powers or performance of its duties under this regulation; or
|
(b) |
furnishes information or makes a statement to the Authority which he or she knows to be false or misleading; or
|
(c) |
without good and reasonable excuse fails to implement the recommendations made pursuant to this regulation,
|
|
commits an offence and shall be liable, on conviction, to a fine not exceeding one million shillings or to imprisonment for a term not exceeding three years, or both.
|
20. |
Marine cargo movement mechanism
(1) |
The movement of cargo into any container freight station shall, subject to paragraph (2), be in accordance with the instructions of the shipper as contained in the bill of lading.
|
(2) |
The relevant port authority shall nominate the container freight station for movement of cargo where the bill of lading does not contain the instructions of the shipper.
|
(3) |
The nomination under paragraph (2) shall have due regard to an equitable, transparent and fair distribution of cargo, and the port authority shall, before making the nomination, take steps to ensure that the receiving container freight station has the capacity to receive the cargo having regard to space, personnel and equipment.
|
(4) |
Any person who contravenes this regulation commits an offence and is liable, on conviction, to a fine not exceeding five million shillings and shall in addition be liable to the affected cargo owners for all losses, fines, penalties, demurrage, storage charges or any other charges arising from such failure to comply.
|
|
21. |
Authority may impose penalty upon admission of guilt
If a maritime service provider—
(a) |
admits to the Authority that he has contravened any provisions of these Regulations or the Act, or that he has failed to comply with any provision with which it was his duty to comply;
|
(b) |
agrees to abide by the decision of the Authority; and
|
(c) |
deposits with the Authority such sum as may be required of him, but not exceeding the maximum fine which may be imposed upon a conviction for the contravention or failure in question,
|
the Authority may, after such enquiry as it deems necessary, determine the matter upon such enquiry and may, without legal proceedings, order by way of a penalty the whole or any part of the said deposit to be forfeited.
|
22. |
Transitional provisions
(1) |
Any action or thing done in respect of licensing of a maritime service provider immediately before the coming into force of these Regulations, shall be deemed to have been done under the corresponding provisions of these Regulations.
|
(2) |
Every person who immediately before the commencement of these Regulations, was a holder of a licence authorizing him to carry on the business of a maritime service provider shall, upon payment of the prescribed licence fees, continue carrying on such business for a period of six months from the date of commencement of these Regulations.
|
(3) |
The maritime service provider referred to in paragraph (2) may, any time within six months from the date of commencement of these Regulations, apply for, and upon satisfying the requirements of regulation 5 be entitled to the grant of a licence under these Regulations.
|
(4) |
Any person carrying on the business of a maritime service provider pursuant to paragraph (1) who elects not to apply for a licence or having applied for a licence has not satisfied the requirements of regulation 5 shall cease to carry on the business of a maritime service provider on the expiration of the period referred to in paragraph (2).
|
|
FIRST SCHEDULE [Regulation 2(1)(a).]
MARITIME SERVICE PROVIDERS AND THEIR SCOPE OF SERVICE
1. |
Ships agent services shall include—
(a) |
all procedures relating to a vessel’s entry and departure, pilotage and berthing;
|
(b) |
the provision of port services through port operators, customs and other government agencies, firms or private individuals;
|
(c) |
the procurement and processing of documents and activities required for the dispatch of cargo;
|
(d) |
marine surveys, provision of ship stores, supplies, fresh water, cleaning of cargo holds, fumigation, supply of bunkers, ship repairs and other related services;
|
(e) |
import and export shipments;
|
(f) |
signing bills of lading, contracts of affreightment and issuing documents relevant to handling of cargo;
|
(g) |
booking international sea passages and formalities for passenger’s or tourist’s embarkation or disembarkation;
|
(h) |
attendance to marine casualties and arranging for salvage;
|
(i) |
purchasing or forwarding ship’s spare parts and stores;
|
(j) |
collecting freight or charter hire where appropriate and all related financial matters;
|
(k) |
customs and cargo documentation and forwarding of cargo;
|
(l) |
procuring, processing the documentation and performing all activities required related to dispatch of cargo;
|
(m) |
supply of services to a ship while in port; and
|
(n) |
such other services as the Authority may from time to time specify.
|
|
2. |
Cargo consolidator services shall include—
(a) |
the purchasing of transportation services from a carrier and offering such services for resale to other persons;
|
(b) |
the paying of port-to-port or multimodal transportation charges;
|
(c) |
entering into affreightment agreements with underlying shippers;
|
(d) |
the issuing bills of lading or equivalent documents;
|
(e) |
arranging for inland transportation and paying for inland freight charges on through transportation movements;
|
(f) |
the paying of lawful compensation to ocean freight forwarders;
|
(g) |
the leasing of containers; or
|
(h) |
entering into arrangements with origin or destination agents.
|
|
3. |
Container freight station services shall include—
(a) |
the storage of containerized and non-containerized cargo, empty containers, imported motor vehicles;
|
(b) |
the stuffing and stripping of containers;
|
(c) |
the loading and unloading of containers onto and off trailers;
|
(d) |
the receiving and delivering of containers; and
|
(e) |
any other operations relevant to the activities of a container freight station, as may be approved by the Authority.
|
|
4. |
Shipping line services shall include—
(a) |
the offering of scheduled liner services for cargo carriage;
|
(b) |
availing of containers for export of cargo;
|
(c) |
the delivery of shipments to designated consignees, in as good condition as when received;
|
(d) |
ensuring of the issuance of bills of lading to all cargo shipped on board his vessel;
|
(e) |
offering of seaworthy and well manned vessel at any given time of ship’s voyage.
|
|
5. |
Empty container depot services shall include the—
(a) |
receipt and temporary storage of empty containers;
|
(b) |
issuance and delivery of empty containers;
|
(c) |
inspection of returned containers’ conditions;
|
(d) |
estimation of container damage costs;
|
(e) |
issuing of interchanges for containers received and issued; and
|
(f) |
submission of daily reports of container movement to respective shipping lines through their agents.
|
|
6. |
Port facility operator services shall include—
(c) |
provision of navigational aids along the coast of the Republic and within ports;
|
(d) |
provision of tug boat services;
|
(e) |
provision of berthing facilities;
|
(i) |
storage of cargo within a port;
|
(o) |
radio and radar services;
|
(r) |
any other services provided within a port which are designated as such by the Authority by notice in the Gazette.
|
|
7. |
Clearing and forwarding agent services shall include—
(a) |
receiving advance notification of shipments, or other documents to banks, shippers or consignees as required;
|
(b) |
preparing and processing of import and export declarations;
|
(c) |
clearance and handling of shipments in accordance with the Kenya government import and export regulations;
|
(d) |
arranging for warehousing of the goods;
|
(e) |
arranging dispatch of goods as per the directions of the customer; and
|
(f) |
handling freight and other monies advanced by customers for purposes of clearance of the shipments.
|
|
MERCHANT SHIPPING (PORT STATE CONTROL) REGULATIONS, 2011
ARRANGEMENT OF REGULATIONS
PART I – GENERAL
PART II – PROCEDURES FOR PORT STATE CONTROL
5. |
Inspection commitments.
|
7. |
Expanded inspection of certain ships.
|
8. |
Report of inspection to the master.
|
9. |
Rectification and detention.
|
10. |
Procedure applicable in the absence of ISM Code.
|
14. |
Follow-up to inspections and detentions.
|
15. |
Professional profile of inspectors.
|
16. |
Reports from pilots and port authorities.
|
17. |
Publication of detentions.
|
18. |
Reimbursement of costs.
|
PART III – INSPECTION OF FAMILIARITY OF CREW WITH OPERATIONAL PROCEDURES
20. |
Authority may impose penalty upon admission of guilt.
|
21. |
Inspection of operational procedures.
|
SCHEDULES
FIRST SCHEDULE— |
EXAMPLES OF “CLEAR GROUNDS” FOR A MORE DETAILED INSPECTION
|
SECOND SCHEDULE— |
SHIPS TO BE CONSIDERED FOR PRIORITY INSPECTION
|
THIRD SCHEDULE— |
LIST OF CERTIFICATES AND DOCUMENTS
|
FOURTH SCHEDULE— |
PROCEDURES FOR THE CONTROL OF SHIPS
|
SIXTH SCHEDULE— |
CRITERIA FOR DETENTION OF A SHIP
|
SEVENTH SCHEDULE— |
MINIMUM CRITERIA FOR INSPECTORS
|
MERCHANT SHIPPING (PORT STATE CONTROL)
REGULATIONS, 2011
[L.N. 191/2011.]
PART I – GENERAL
1. |
Citation
These Regulations may be cited as the Merchant Shipping (Port State Control) Regulations, 2011, and shall come into operation on such date as the Minister may, by notice in the Gazette, appoint.
|
2. |
Interpretation
In these Regulations, unless the context otherwise requires—
“Authority” has the same meaning under these Regulations as in section 2 of the Kenya Maritime Authority, 2006;
“clear grounds” means evidence which in the professional judgement of an inspector warrants a more detailed inspection of a ship, its equipment or its crew including in particular criteria listed in the First Schedule;
“Conventions” includes—
(a) |
the International Convention on Load Lines, 1966 (LL 66);
|
(b) |
the International Convention for the Safety of Life at Sea, 1974 (SOLAS 74);
|
(c) |
the International Convention for the Prevention of Pollution from Ships, 1973, and the 1978 Protocol relating thereto (MARPOL 73/78);
|
(d) |
the International Convention on Standards of Training, Certification and Watch keeping for Seafarers, 1978 (STCW);
|
(e) |
the Convention on the International Regulations for Preventing Collision at Sea, 1972 (COLREG 72);
|
(f) |
the International Convention on Tonnage Measurement of Ships, 1969;
|
(g) |
the Merchant Shipping (Minimum Standards) Convention, 1976 (ILO No. 147); and
|
(h) |
the Maritime Labour Convention, 2006 (“MLC”), and with the Protocols and amendments to these Conventions and related Codes of mandatory status, in force;
|
“Convention enactments” means the Act and Regulations made, under the Act, which implement the Conventions;
“expanded inspection” means an inspection as specified in regulation 7;
“fishing vessel” has the meaning given by section 2 of the Act;
“flag administration” in relation to a ship means the administration of the State whose flag the ship is entitled to fly;
“inspector” means a person duly authorised by the Authority to carry out inspections required by these Regulations;
“Kenyan ship” has the meaning given by section 2 of the Act;
“member state” means a State or Territory the maritime authority of which is a party to a Memorandum of Understanding;
“more detailed inspection” means an inspection where the ship, its equipment and crew as a whole or, as appropriate, parts thereof are subjected, in the circumstances specified in regulation 6(3) to an in depth inspection covering the ship’s construction, equipment, manning, living and working conditions and compliance with on-board operational procedures;
“Memorandum of Understanding” means the Memorandum of Understanding on Port State Control in the Indian Ocean Region, signed in South Africa on 8 June, 1998;
“offshore installation” means a fixed or floating platform operating in the territorial waters or the Exclusive Economic Zone of Kenya;
“owner” includes, in relation to a ship, any operator, manager, charterer or agent of the ship;
“port authority” has the same meaning as in section 2 of the Act;
“ship” includes hovercraft;
“stoppage of an operation” means a formal prohibition of a ship to continue an operation due to established deficiencies which, individually or together, would render the continued operation hazardous.
|
PART II — PROCEDURE FOR PORT STATE CONTROL
3. |
Application
(1) |
Subject to subregulation (2), this Part applies to any seagoing ship—
(a) |
in a port in Kenya or at an offshore installation; or
|
(b) |
anchored off such a port or such an installation; and
|
(c) |
the crew of a ship referred to in paragraph (a) or (b).
|
|
(2) |
This Part shall not apply to—
(e) |
a wooden ship of a traditional build;
|
(f) |
a Government ship used for non-commercial purposes; or
|
(g) |
pleasure craft not engaged in trade.
|
|
(3) |
In the case of a ship below 500 gross tonnage, to the extent to which a Convention does not apply, an inspector shall, without prejudice to any other powers under any Convention enactment, take such action as may be necessary to ensure that the ship is not clearly hazardous to safety, health or the environment, and shall in applying of this subregulation be guided by 1B to the Memorandum of Understanding.
|
(4) |
When inspecting a ship pursuant to regulation 5 to 8 no favourable treatment shall be given to a ship flying the flag of a State which is not a party to a Convention or to the crew of such a ship than that given to a ship flying the flag of a State which is a party to that Convention or to the crew of such a ship.
|
(5) |
A power of inspection or detention conferred by a Convention enactment shall in addition to its effect as stated, be exercisable in relation to a ship which—
(a) |
is at an offshore installation; or
|
(b) |
is anchored off an offshore installation or a port in Kenya where the ship is one to which this Part applies.
|
|
(6) |
(a) |
a ship to which this Part applies is detained under a Convention enactment; or
|
(b) |
the master of such a ship is served with a detention notice under such an enactment, section 435 of the Act shall apply in relation to the ship as if any reference to proceeding to sea were a reference to proceeding contrary to the detention notice and references to sending or taking to sea were construed accordingly.
|
|
(7) |
In this Regulation “Kenyan waters” has the meaning given by section 2 of the Act.
|
|
4. |
Competent authority
(1) |
The Kenya Maritime Authority is designated the competent authority for Kenya for the purposes of this Part.
|
(2) |
In relation to a member state “competent authority” means the national maritime administration maintained by that State for the inspection of ships.
|
(3) |
In relation to a State other than a member State “competent authority” means any authority designated as such by that State.
|
|
5. |
Inspection commitments
(1) |
The Authority shall carry out an annual total number of inspections corresponding to at least 25% of the number of individual ships to which this Part applies and which entered its ports during a representative calendar year.
|
(2) |
In selecting ships for inspection the Authority shall give priority to the ships referred to in the Second Schedule.
|
(3) |
The Authority shall refrain from inspecting a ship which has been inspected by the competent authority of any member State within the previous six months:
Provided that this subregulation shall only apply where—
(a) |
the ship is not in a category listed in the Second Schedule;
|
(b) |
no deficiencies have been reported, following a previous inspection; and
|
(c) |
no clear grounds exist for carrying out an inspection;
|
|
(4) |
The provisions of subregulation (3) shall not apply to any of the operational controls specifically provided for in the Convention enactments.
|
|
6. |
Inspection procedure
(1) |
In carrying out an inspection referred to in regulation 5 the inspector shall as a minimum—
(a) |
check the certificates and documents listed in the Third Schedule;
|
(b) |
satisfy himself of the overall condition of the ship, including the engine room accommodation and hygiene conditions.
|
|
(2) |
The inspector may examine all relevant certificates and documents, other than those listed in the Third Schedule, which are required to be carried on board in accordance with the Convention enactments.
|
(3) |
Whenever there are clear grounds for believing, after the inspection referred to in subregulations (1) and (2), that the condition of a ship or of its equipment or crew does not substantially meet the relevant requirements of a Convention enactment, a more detailed inspection shall be carried out, including further checking of compliance with on board operational requirements.
|
(4) |
The inspector shall observe the relevant procedures and guidelines for the control of ships specified in the Fourth Schedule.
|
|
7. |
Expanded inspection of certain ships
(1) |
Where there are clear grounds for a more detailed inspection of a ship belonging to the categories listed in Section A of the Fifth Schedule an expanded inspection shall be carried out taking into account the guidelines in section B of the Fifth schedule.
|
(2) |
A ship referred to in subregulation (1) shall be subject to an expanded inspection by any of the competent authorities of the member States only once during a period of 12 months, but the ship may be subject to the inspection provided for in regulation 6(1) and (2).
|
(3) |
Subject to subregulation (2), in the case of a passenger ship operating on a regular schedule in or out of a port in Kenya an expanded inspection of the ship shall be carried out before the ship starts operating, and every 12 months thereafter by the Authority subject to consultation with the competent authority of a member State, where the ship operates to ports in that member State.
|
|
8. |
Report of inspection to the master
(1) |
On completion of an inspection, a more detailed inspection, or an expanded inspection, the master of the ship shall be provided by the inspector with a document in the form specified in Annex 3 to the Memorandum of Understanding, giving the results of the inspection and details of any decisions taken by the inspector, and of corrective action to be taken by the master, owner or operator.
|
(2) |
In the case of deficiencies warranting the detention of a ship, the document to be given to the master in accordance with subregulation (1) shall include information about the future publication of information concerning the detention in accordance with regulation 16.
|
|
9. |
Rectification and detention
(1) |
The owner shall satisfy the Authority that any deficiencies confirmed or revealed by an inspection referred to in regulation 6 or 7 are or will be rectified in accordance with the Conventions.
|
(2) |
(a) |
In case of deficiencies which are clearly hazardous to safety, health or the environment, the inspector shall detain the ship, or require the stoppage of the operation in the course of which the deficiencies have been revealed, using powers of detention in the Convention enactments as appropriate, or issuing a prohibition notice under section 435 of the Act, as the case may be.
|
(b) |
(i) |
include a direction that a ship shall remain in a particular place, or shall move to a particular anchorage or berth; and |
(ii) |
specify circumstances when the master of the ship may move his ship from a specified place for reasons of safety or prevention of pollution. |
|
|
(3) |
The detention notice or stoppage of an operation shall not be lifted until the Authority establishes that the ship can, subject to any necessary conditions, proceed to sea or the operation be resumed without risk to the safety and health of passengers or crew, or risk to other ships, or without there being an unreasonable threat to or harm to the marine environment.
|
(4) |
Without prejudice to any other requirement in the Convention enactments, when exercising his professional judgement as to whether or not a ship should be detained the inspector shall apply the criteria set out in the Sixth Schedule.
|
(5) |
In exceptional circumstances, where the overall condition of a ship is obviously substandard, the inspector may, in addition to detaining the ship, suspend the inspection of the ship until the responsible parties have taken the steps necessary to ensure that it complies with the relevant requirements of the Conventions.
|
(6) |
Without prejudice to any other requirement in the Convention enactments, in the event that an inspection referred to in regulation 7 or 8 gives rise to detention, the Authority shall immediately inform, in writing, the flag administration or the Consul or, in his absence, the nearest diplomatic representative of the State of the flag administration, of all the circumstances in which intervention was deemed necessary. In addition, nominated surveyors or recognized organizations responsible for the issue of the ship’s certificates shall also be notified where relevant.
|
(7) |
The provisions of these Regulations shall be without prejudice to the additional requirements of the Conventions concerning notification and reporting procedures related to port State control.
|
(8) |
When carrying out inspections under these Regulations, the inspector shall make all possible efforts to avoid undue detention or delay of a ship.
|
|
10. |
Procedure applicable in the absence of ISM Code
(1) |
Where an inspection reveals that a copy of the document of compliance or the safety management certificate required by the International Safety Management Code for the Safe Operation of Ships and for Pollution Prevention (ISM Code) are not on board a vessel to which the ISM Code is applicable at the date of inspection, the inspector shall detain the ship.
|
(2) |
Notwithstanding the absence of the documentation referred to in subregulation (1)—
(a) |
where the inspection reveals no other deficiencies warranting detention of a ship, the Authority may lift the detention order for the purpose of avoiding port congestion, and shall immediately inform the competent authorities of the member States accordingly; and
|
(b) |
where deficiencies referred to in regulation 9(2) are found and cannot be rectified in the port of detention, the relevant provisions of regulation 4 shall apply.
|
|
(3) |
A ship which proceeds to sea from any port in any member State following release in order to avoid port congestion under subregulation (2) shall not enter any port in Kenya until the owner provides evidence to the satisfaction of the competent authority of the member State where the ship was detained that the ship fully complies with the requirements of the ISM Code.
|
(4) |
Notwithstanding the provisions of subregulation (3), access to a specific port may be permitted in situations referred to in regulation 14(8).
|
|
11. |
Detention procedure
Regulations 12 and 13 shall apply in relation to the exercise of the power of detention in any Convention enactment.
|
12. |
Arbitration
(1) |
Any question as to whether any of the matters specified in relation to a ship in a detention notice in pursuance of a power of detention to which this Regulation applies in connection with any opinion formed by the inspector constituted a valid basis for that opinion shall, where the master or owner of the ship so requires by a notice given to the inspector within 21 days from the service of the detention notice, be referred to a single arbitrator appointed by agreement between the parties for that question to be decided by him.
|
(2) |
Where a notice is given by the master or owner of the ship in accordance with subregulation (1), the giving of the notice shall not have the effect of suspending the operation of the detention notice.
|
(3) |
The arbitrator shall have regard, in coming to his decision, to any other matters not specified in the detention notice which appears to him to be relevant as to whether the ship was or was not liable to be detained.
|
(4) |
Where on a reference under this Regulation the arbitrator decides as respects any matter to which the reference relates, that in all the circumstances the matter did not constitute a valid basis for the inspector’s opinion the arbitrator shall either cancel the detention notice or affirm it with such modifications as he may in the circumstances think fit; and in any other case the arbitrator shall affirm the notice in its original form.
|
(5) |
The arbitrator shall include in his decision a finding as to whether or there was not a valid basis for the detention of the ship.
|
(6) |
A person shall not be qualified for appointment as an arbitrator under this Regulation unless the person—
(a) |
holds a certificate of competence as a master mariner or as a marine engineer officer Class 1, or its equivalent;
|
(c) |
is an Advocate of the High Court of Kenya of at least 10 years’ standing and holds a post-graduate qualification in maritime law; or
|
(d) |
has special experience in matters related to shipping, or the fishing industry, or port activities.
|
|
(7) |
In connection with his functions under this Regulation an arbitrator shall have the powers conferred on a surveyor by the Act.
|
|
13. |
Compensation
(1) |
Where on a reference under regulation 12 relating to a detention notice—
(a) |
the arbitrator decides that the owner of the ship has proved that any matter therein did not constitute a valid basis for the inspector’s opinion; and
|
(b) |
it appears to him that the owner has proved that there were no reasonable grounds for the inspector to form that opinion, the arbitrator shall award the owner of the ship such compensation in respect of any loss suffered in consequence of the detention of the ship as the arbitrator may deem fit.
|
|
(2) |
Any compensation awarded under this Regulation shall be payable by the Authority.
|
|
14. |
Follow-up to inspections and detentions
(1) |
Where deficiencies referred to in regulation 9(2) cannot be rectified in the port of inspection, the Authority may allow the ship to proceed to the nearest appropriate repair yard available as chosen by the master and the responsible parties, provided that the conditions determined by the competent authority of the flag state and agreed by the Authority are complied with, to ensure that the ship proceeds without risk to the safety and health of passengers or crew, or risk to other ships, or without there being an unreasonable threat of harm to the marine environment.
|
(2) |
In the circumstances referred to in subregulation (1), the Authority shall notify the competent Authority of the State where the repair yard is situated, the parties referred to in regulation 9(5) and any other authority as appropriate, of all the conditions for the voyage.
|
(3) |
The notification of the parties referred to in subregulation (2) shall be in accordance with Annex 2 to the Memorandum of Understanding.
|
(4) |
Where the Authority receives notification from the competent authority of another member State (“the notifying authority”) in respect of a ship which the Authority allows to proceed to a repair yard in Kenya the Authority shall inform the notifying authority of the action it has taken.
|
(5) |
A ship to which this Regulation applies which proceeds to sea from any port in any member State—
(a) |
without complying with the conditions determined by the competent authority of the member state in the port of inspection; or
|
(b) |
which fails to comply with the applicable requirements of the Conventions by not calling into the indicated repair yard; shall not enter any port within Kenya until the owner provides evidence to the satisfaction of the competent authority of the member State where the ship was found defective that the ship fully complies with all applicable requirements of the Conventions.
|
|
(6) |
The subregulation (5) applies to a ship, detained in a port in a member State after inspection, which reveals deficiencies which are clearly hazardous to safety, health or the environment, and which has been allowed by the competent authority to proceed to the nearest appropriate repair yard.
|
(7) |
Where a ship proceeds to sea from a port in Kenya without complying with the conditions determined by the Authority in accordance with subregulation (1), the Authority shall immediately alert the competent authorities of all the other member states.
|
(8) |
Where a ship to which subregulation (5) applies is to proceed to a repair yard in Kenya but fails to call into the repair yard indicated, the Authority shall immediately alert the competent authorities of all the other member States.
|
(9) |
Notwithstanding the provisions of subregulation (5), access to a specific port may be permitted by the Authority in the event of force majeure or overriding safety considerations, or to reduce or minimize the risk of pollution or to have deficiencies rectified, provided adequate measures to the satisfaction of the Authority are implemented by the owner or the master of the ship to ensure safe entry.
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|
15. |
Professional profile of inspectors
(1) |
Inspections under these Regulations shall be carried out only by inspectors who fulfil the criteria specified in the Seventh Schedule.
|
(2) |
Where an inspector does not possess the required professional expertise he shall be assisted by any person with the required professional expertise.
|
(3) |
An inspector and any person assisting him shall have no commercial interest either in the port of inspection or in the ships inspected, nor shall an inspector be employed by or undertake work on behalf of non-governmental organisations which issue statutory and classification certificates or which carry out the surveys necessary for the issuance of those certificates to ships.
|
(4) |
An inspector shall carry a personal document in the form of an identity card issued by the Authority, which shall include the following information—
(a) |
name of the issuing authority;
|
(b) |
full name of the holder of the identify card;
|
(c) |
an up-to-date picture of the holder of the identity card;
|
(d) |
the signature of the holder of the identity card; and
|
(e) |
a statement to the effect that the holder of the identity card is authorised to carry out inspections in accordance with shipping Convention enactments.
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|
|
16. |
Reports from pilots and port authorities
(1) |
A Kenyan pilot, engaged in the berthing or unberthing of a ship to which this Part applies in Kenya or engaged on such a ship bound for a port within a member state, shall immediately inform the port authority or the Authority, whenever they learn in the course of their normal duties that there are deficiencies which may prejudice the safe navigation of the ship, or which may pose a threat of harm to the marine environment.
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(2) |
In subregulation (1),“Kenyan pilot” means a pilot authorised by a port authority.
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(3) |
Where a port authority, when exercising its normal duties, learns that such a ship within its port has deficiencies which may prejudice the safety of the ship or poses an unreasonable threat of harm to the marine environment, that port authority shall immediately inform the Authority.
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|
17. |
Publication of detentions
(1) |
The Authority shall, as a minimum, publish on a quarterly basis information concerning ships to which this Part applies detained during the previous 3-month period and which have been detained more than once during the past 24 months.
|
(2) |
The information required under subregulation (1) shall include the following—
(b) |
the name of the ship owner or the operator of the ship;
|
(c) |
the International Maritime Organization number;
|
(e) |
the classification society, where relevant;
|
(f) |
where applicable, any other Party which has issued certificates to such ship in accordance with the Conventions on behalf of the flag State;
|
(g) |
the reason for detention; and
|
(h) |
port and date of detention.
|
|
|
18. |
Reimbursement of costs
(1) |
The costs of any inspection which results in the detention of a ship to which Part I applies, and any subsequent inspection relating to the deficiencies which led to the detention and all costs relating to any inspection carried out by the Authority for the purposes of, or in connection with regulation 14(5) shall be charged to the owner or his representative in Kenya.
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(2) |
Any detention made pursuant to these Regulations shall not be lifted until any fees payable in respect of any inspection leading to it or arising from it have been paid, or the Authority has been provided with sufficient security for the fees.
|
|
19. |
Offences
(1) |
Where there is any contravention of a direction made pursuant to regulation 9(2) in respect of a ship, the owner and master of the ship commits an offence, and upon conviction, is liable to a fine not exceeding one hundred thousand shillings or to imprisonment of a period not exceeding twelve months, or to both such fine and imprisonment.
|
(2) |
(a) |
fails to proceed to the yard specified in regulation 14(1); or
|
(b) |
enters a port in contravention of regulation 14(5);
|
|
the owner and master commits an offence, and upon conviction, is liable to a fine not exceeding one hundred thousand shillings or to imprisonment for a period not exceeding twelve months, or to both such fine and imprisonment.
(3) |
Where a person obstructs an inspector or any person assisting the inspector he commits an offence and upon conviction, is liable to a fine not exceeding one hundred thousand shillings or to imprisonment for a period not exceeding twelve months, or to both such fine and imprisonment.
|
(4) |
Any pilot who contravenes regulation 16(1) commits an offence and upon conviction, is liable to a fine not exceeding five hundred thousand shillings or to imprisonment for a period not exceeding twelve months, or to both such fine and imprisonment.
|
(5) |
Any port authority official who contravenes regulation 16(1) or 16(3) commits an offence and upon conviction, is liable to a fine not exceeding five hundred thousand shillings or to imprisonment for a period not exceeding twelve months or to both such fine and imprisonment.
|
(6) |
It shall be a defence for a person charged under this Regulation to prove that the person charged took all reasonable steps to avoid committing the offence.
|
|
PART III — INSPECTION OF FAMILIARITY OF CREW WITH OPERATIONAL PROCEDURES
20. |
Authority may impose penalty upon admission of guilt
(1) |
(a) |
admits to the Authority that he or she has failed to comply with any provision of these Regulations or Act, or that he or she has failed to comply with any such provision with which it was his or her duty to comply;
|
(b) |
agrees to abide by the decision of the Authority; and
|
(c) |
deposits with the Authority such sum as may be required of him/her, but not exceeding the maximum fine which may be imposed upon conviction for the failure to comply in question, the Authority may, after such an enquiry as it deems necessary, determine the matter summarily and may, without legal proceedings, order by the way of a penalty the whole or any part of the said deposit to be forfeited.
|
|
(2) |
There shall be the right of appeal to the Cabinet Secretary from a determination or order by the Authority under subregulation (1) whereby a penalty exceeding five hundred thousand shillings is imposed, provided that such right is exercised within a period of three months from the date of such determination or order.
|
(3) |
The imposition of a penalty under subregulation (1) shall not be deemed to be a conviction of a criminal offence, but no prosecution for the same offence shall thereafter be competent.
|
(4) |
Nothing in this Regulation shall in any way affect liability to forfeiture of ships, shares therein or goods.
|
|
21. |
Inspection of operational procedures
(1) |
Ships when in ports in Kenya and also in the case of Kenyan ships when elsewhere shall be subject to inspection for the purpose of checking that the master and crew are familiar with essential procedures and operations relating to the safety of the ship.
|
(2) |
Section 230 of the Act shall apply in relation to a ship in a port in Kenya as if, in subsection (1), after “articles on board” there were inserted “the familiarity of the crew with essential procedures and operations relating to the safety of their ship”.
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|
FIRST SCHEDULE [Regulation 2.]
EXAMPLES OF “CLEAR GROUNDS” FOR A MORE DETAILED INSPECTION
1. |
Ships identified in the Second Schedule with the exception of paragraph 1.
|
2. |
A report or notification by another member state.
|
3. |
A report or complaint by the master, a crew member, or any person or organization with a legitimate interest in the safe operation of the ship, shipboard living and working conditions or the prevention of pollution, unless the Authority deems the report or complaint to be manifestly unfounded; the identity of the person lodging the report or the complaint must not be revealed to the master or the shipowner of the ship concerned.
|
4. |
The ship has been involved in a collision on its way to the port.
|
5. |
The Oil Record Book has not been properly kept.
|
6. |
The ship has been accused of an alleged violation of the provisions on discharge of harmful substances or effluents.
|
7. |
During examination of the certificates and other documentation, (see regulation 6(1)(a) and (2)), inaccuracies have been revealed.
|
8. |
Indications that the crew members are unable to comply with the requirements of the Conventions on the minimum level of training of seafarers.
|
9. |
Evidence of cargo and other operations not being conducted safely, or in accordance with International maritime Organization guidelines, e.g. the content of oxygen in the inert-gas mains supply to the cargo tanks is above the prescribed maximum level.
|
10. |
Failure of the master on an oil tanker to produce the record of the oil discharge monitoring and control system for the last ballast voyage.
|
11. |
Absence of an up-to-date muster list, or crew members not aware of their duties in the event of fire or an order to abandon ship.
|
SECOND SCHEDULE [Regulations 5(2), 6(1).]
SHIPS TO BE CONSIDERED FOR PRIORITY INSPECTION
1. |
Ships visiting a port in the Memorandum of Understanding region for the first time or after an absence of 12 months or more from a port in the Memorandum of Understanding region.
|
2. |
Ships which have been permitted to leave the port of a member state on condition that the deficiencies noted must be rectified within a specified period, upon expiry of such period.
|
3. |
Ships which have been reported by pilots or port authorities as having deficiencies which may prejudice their safe navigation pursuant to regulation 16.
|
4. |
Ships which are in a category for which an expanded inspection is required by regulation 7.
|
5. |
Ships which have been suspended from their class for safety reasons in the course of the preceding six months.
|
THIRD SCHEDULE [Regulation 6(1).]
LIST OF CERTIFICATES AND DOCUMENTS
1. |
International Tonnage Certificate (1969).
|
2. |
Passenger Ship Safety Certificate.
|
3. |
Cargo Ship Safety Construction Certificate.
|
4. |
Cargo Ship Safety Equipment Certificate.
|
5. |
Cargo Ship Safety Radiotelegraphy Certificate.
|
6. |
Cargo Ship Safety Radio Certificate.
|
8. |
Cargo Ship Safety Certificate.
|
9. |
Document of Compliance (SOLAS 74, regulation 11-2/54).
|
10. |
International Certificate of Fitness for Carriage of Liquefied Gases in Bulk.
|
11. |
International Certificate of Fitness for the Carriage of Dangerous Chemicals in Bulk.
|
12. |
International Oil Pollution Prevention Certificate.
|
13. |
International Pollution Prevention Certificate for the Carriage of Noxious Liquid Substances in Bulk.
|
14. |
International Load Line Certificate (1966).
|
15. |
International Load Line Exemption Certificate.
|
16. |
Oil Record Book, Parts I and II.
|
17. |
Shipboard Oil Pollution Emergency Plan.
|
19. |
Minimum Safe Manning Document.
|
20. |
Certificates of Competency including dangerous goods endorsement.
|
21. |
Medical Certificates, (see, Maritime Labour Convention, 2006, Appendix A5 concerning Medical Examination of Seafarers).
|
22. |
Stability information including grain loading information and document of authorisation.
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23. |
Safety Management Certificate and Document of Compliance issued in accordance with the International Management Code for the Safe Operation of Ships and for Pollution Prevention (International Maritime Organization Resolution A.741 (18)).
|
24. |
Certificates as to the ship’s hull strength and machinery installations issued by the classification society in question, only to be required where the ship maintains its class with a classification society.
|
25. |
Survey report files (in case of bulk carriers or oil tankers in accordance with resolution A. 744 (18)).
|
26. |
For ro-ro passenger ships, information on the A/A max ratio.
|
27. |
Document of authorization for the carriage of grain.
|
28. |
Special Purpose Ship Safety Certificate.
|
29. |
High-Speed Craft Safety Certificate and permit to operate High-speed Craft.
|
30. |
Mobile offshore Drilling Unit Safety Certificate.
|
31. |
For oil tankers, the record of the oil discharge monitoring and control system for the last ballast voyage.
|
32. |
The muster list, fire control plan, and, for passenger ships, a damage control plan.
|
33. |
Ship’s log-book with respect to the records of tests and drills and the log for records of inspection and maintenance of life-saving appliances and arrangements.
|
34. |
Procedures and Arrangements Manual (chemical tankers).
|
36. |
Certificate of Registry or other document of nationality.
|
39. |
Bulk Carrier Booklet (SOLAS Chapter VI, regulation 7).
|
40. |
Reports of previous port state control inspection.
|
41. |
Maritime Labour Certificate; and
|
42. |
Declaration of Maritime Labour Compliance.
|
FOURTH SCHEDULE [Regulation 6(4).]
PROCEDURES FOR THE CONTROL OF SHIPS
1. |
Procedures for Port State Control (International Maritime Organization Resolution A. 787(19), as amended.
|
2. |
Principles of Safe Manning (International Maritime Organization Resolution A.481 (X11)) and Annexes which are Contents of Minimum Safe Manning Document (Annex 1) and Guidelines for the Application of Principles of Safe Manning (Annex 2).
|
3. |
Procedures for the Control of Ships and Discharges under Annex 11 to MARPOL 73/78 (International Maritime Organization Resolution MEPC 26 (23)).
|
4. |
The Provisions of the International Maritime Dangerous Goods Code.
|
5. |
International Labour Organization (ILO) publication “Inspection of Labour Conditions on Board Ship: Guidelines for Procedure”.
|
6. |
Annex 1 to the IOMOU Guidelines for Surveyors.
|
FIFTH SCHEDULE [Regulation 7(1).]
A. CATEGORIES OF SHIPS SUBJECT TO EXPANDED INSPECTION
1. |
Oil tankers, 5 years or less from the date of phasing out in accordance with MARPOL 73/78, Annex 1, regulation 13G, i.e.—
(a) |
a crude oil tanker of 20,000 tonnes deadweight and above or a product carrier of 30,000 tonnes deadweight and above, not meeting the requirements of a new oil tanker as defined in regulation 1(26) of Annex I to MARPOL 73/78, will be subject to expanded inspection 20 years after its date of delivery as indicated on the Supplement, Form B, to the IOPP Certificate, or 25 years that date, if the ship’s wing tanks or double-bottom spaces not used for the carriage of oil meet the requirements of regulation 13G(4) of the Annex, unless it has been reconstructed to comply with regulation 13F of the same Annex;
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(b) |
an oil tanker as mentioned above meeting the requirements of a new oil tanker as defined in regulation 1(26) of Annex I to MARPOL 73/78 will be subject to expanded inspection 25 years after its date of delivery as indicated on the Supplement, Form B, to the IOPP Certificate, unless it complies with or has been reconstructed to comply with Regulation 13F of that Annex.
|
|
2. |
Bulk carriers, of over 12 years of age, as determined on the basis of the date of construction indicated in the ship’s safety certificates.
|
4. |
Gas and chemical tankers older than 10 years of age, as determined on the basis of the date of construction indicated in the ship’s safety certificates.
|
B. NON-MANDATORY GUIDELINES FOR EXPANDED INSPECTION OF CERTAIN CATEGORIES OF SHIPS
To the extent applicable the following items may be considered as part of an expanded inspection, Inspectors must be aware that it may jeopardize the safe execution of certain on-board operations, e.g. cargo operation, if tests having a direct effect thereon, are required to be carried out during such operations.
1. |
SHIPS IN GENERAL (CATEGORIES IN SECTION A)—
– |
black-out and start of emergency generator;
|
– |
inspection of emergency lighting;
|
– |
operation of emergency fire-pump with two fire hoses connected to the fire main-line;
|
– |
operation of bilge pumps;
|
– |
closing of watertight doors;
|
– |
lowering of one seaside lifeboat to the water;
|
– |
test of remote emergency stop for e.g. boilers, ventilation and fuel pumps;
|
– |
test of steering gear including auxiliary steering gear;
|
– |
inspection of emergency source of power to radio installations;
|
– |
inspection and, to the extent possible, test of engine-room separator.
|
|
2. |
OIL TANKERS
In addition to the items listed under section B(1), the following items may also be considered as part of the expanded inspection for oil tankers—
– |
fixed-deck foam system;
|
– |
fire-fighting equipment in general;
|
– |
inspection of fire dampers to engine room, pump room and accommodation;
|
– |
control of pressure of inert gas and oxygen content thereof;
|
– |
check of the Survey Report to identify possible suspect areas requiring inspection.
|
|
3. |
BULK CARRIERS
In addition to the items listed under section B(1), the following items may also be considered as part of the expanded inspection for bulk carriers—
– |
possible corrosion of deck machinery foundations;
|
– |
possible deformation or corrosion of hatch covers;
|
– |
possible cracks or local corrosion in transverse bulkheads;
|
– |
check of the Survey Report File to identify possible suspect areas requiring inspection.
|
|
4. |
GAS AND CHEMICAL TANKERS
In addition to the items listed under section B(1), the following items may also be considered as part of the expanded inspection for gas and chemical tankers—
– |
cargo tank monitoring and safety devices relating to temperature, pressure and hullage;
|
– |
oxygen analysing and explosimeter devices, including their calibration; availability of chemical detection equipment (bellows) with an appropriate number of suitable gas detection tubes for the specific cargo being carried;
|
– |
cabin escape sets giving suitable respiratory and eye protection, for every person on board (if required by the products listed on the International Certificate of Fitness or Certificate of Fitness for the Carriage of Dangerous Chemicals in Bulk or Liquefied Gases in Bulk as applicable);
|
– |
check that the product being carried is listed in the International Certificate of Fitness or Certificate of Fitness for the Carriage of Dangerous Chemicals in Bulk or Liquefied Gases in Bulk as applicable;
|
– |
the fixed fire-fighting installations on deck, whether they be foam or dry chemical or other as required by the product carried.
|
|
5. |
PASSENGER SHIPS
In addition to the items listed under section B(1), the following items may also be considered as part of the expanded inspection for passenger ships—
– |
testing of fire detection and alarm system;
|
– |
testing of proper closing of fire doors;
|
– |
test of public address system;
|
– |
fire drill where, as a minimum, all sets of fireman’s outfits must be demonstrated and part of the catering crew take part;
|
– |
demonstration that key crew members are acquainted with the damage control plan.
|
Where deemed appropriate the inspection may be continued while the ship is on passage to or from the port in Kenya, with the consent of the shipmaster or the operator.
Inspectors must not obstruct the operation of the ship, nor must they induce situations that, in the master’s judgement could endanger the safety of the passengers, the crews and the
|
SIXTH SCHEDULE [Regulation 9(4).]
CRITERIA FOR DETENTION OF A SHIP
1. |
Introduction
Before determining whether deficiencies found during an inspection warrant detention of the ship involved, the inspector shall apply the criteria mentioned below in items 1 and 2.
Section 3 includes examples of deficiencies that may for themselves warrant detention of the ship involved.
Main Criteria when exercising his professional judgement as to whether or not a ship should be detained the inspector must apply the following criteria:
Timing—
Ships which are unsafe to proceed to sea must be detained upon the first inspection irrespective of how much time the ship will stay in port.
|
Criterion—
The ship is detained if its deficiencies are sufficiently serious to merit an inspector returning to satisfy himself that they have been rectified before the ship sails.
The need for the inspector to return to the ship is a measure of the seriousness of the deficiencies. However, it does not impose such an obligation for every case. It implies that the Authority must verify one way or another, preferably by a further visit, that the deficiencies have been rectified before departure.
2. |
Application of main criteria
(1) |
When deciding whether the deficiencies found in a ship are sufficiently serious to merit detention the inspector must assess whether—
(a) |
the ship has relevant, valid documentation;
|
(b) |
the ship has the crew required in the Minimum Safe Manning Document.
|
|
(2) |
During inspection the inspector must further assess whether the ship or crew is able to—
(a) |
navigate safely throughout the forthcoming voyage;
|
(b) |
safely handle, carry and monitor the condition of the cargo throughout the forthcoming voyage;
|
(c) |
operate the engine room safely throughout the forthcoming voyage;
|
(d) |
maintain proper propulsion and steering throughout the forthcoming voyage;
|
(e) |
fight fires effectively in any part of the ship if necessary during the forthcoming voyage;
|
(f) |
abandon ship speedily and safely and effect rescue if necessary during the forthcoming voyage;
|
(g) |
prevent pollution of the environment throughout the forthcoming voyage;
|
(h) |
maintain adequate stability throughout the forthcoming voyage;
|
(i) |
maintain adequate watertight integrity throughout the forthcoming voyage;
|
(j) |
communicate in distress situations if necessary during the forthcoming voyage;
|
(k) |
provide safe and healthy conditions on board throughout the forthcoming voyage.
|
|
(3) |
Where the answer to any of these assessments is negative, taking into account all deficiencies found, the ship shall be strongly considered for detention. A combination of deficiencies of a less serious nature may also warrant the detention of the ship.
|
(4) |
To assist the inspector in the use of these guidelines, there follows a list of deficiencies, grouped under relevant conventions or Codes, which are considered of such a serious nature that they may warrant the detention of the ship involved. This list is not intended to be exhaustive.
|
|
3. |
General
(1) |
Ships flying the flag of States not party to a Convention or not having implemented another relevant instrument are not entitled to carry the certificates provided for by the Convention or other relevant instrument.
|
(2) |
However, absence of the required certificates should not by itself constitute reason to detain these ships, but, in applying the “no more favourable treatment” clause, substantial compliance with the provisions is required before the ship sails.
|
|
4. |
Areas under the SOLAS Convention
(1) |
Failure of the proper operation of propulsion and other essential machinery, as well as electrical installations.
|
(2) |
Insufficient cleanliness of engine room, excess amount of oily-water mixtures in bilges, insulation of piping including exhaust pipes in engine room contaminated by oil, improper operation of bilge pumping arrangements.
|
(3) |
Failure of the proper operation of emergency generator, lighting, batteries and switches.
|
(4) |
Failure of the proper operation of the main and auxiliary steering gear.
|
(5) |
Absence, insufficient capacity or serious deterioration of personal lifesaving appliances, survival craft and launching arrangements.
|
(6) |
Absence, non-compliance or substantial deterioration of fire detection system, fire alarms, fire-fighting equipment, fixed fire-extinguishing installation, ventilation valves, fire dampers, quick-closing devices to the extent that they cannot comply with their intended use.
|
(7) |
Absence, substantial deterioration or failure of proper operation of the cargo deck area fire protection on tankers.
|
(8) |
Absence, non-compliance or serious deterioration of lights, shapes or sound signals.
|
(9) |
Absence or failure of the proper operation of the radio equipment for distress and safety communication.
|
(10) |
Absence or failure of the proper operation of navigation equipment, taking the provisions of SOLAS regulation V/12(o) into account.
|
(11) |
Absence of corrected navigational charts, and/or all other relevant nautical publications necessary for the intended voyage, taking into account that electronic charts may be used as a substitute for the charts.
|
(12) |
Absence of non-sparking exhaust ventilation for cargo pump rooms.
|
|
5. |
Areas under the IBC Code
(1) |
Transport of a substance not mentioned in the Certificate of Fitness or missing cargo information.
|
(2) |
Missing or damaged high-pressure safety device.
|
(3) |
Electrical installations not intrinsically safe or not corresponding to code requirements.
|
(4) |
Sources of ignition in hazardous locations.
|
(5) |
Contraventions of special requirements.
|
(6) |
Exceeding of maximum allowable cargo quantity per tank.
|
(7) |
Insufficient heat protection for sensitive products (16.6).
|
|
6. |
Areas under the IGC Code
(1) |
Transport of a substance not mentioned in the Certificate of Fitness or missing cargo information.
|
(2) |
Missing closing devices for accommodations or service spaces.
|
(5) |
Missing or defective quick-closing valves.
|
(6) |
Missing or defective safety valves.
|
(7) |
Electrical installations not intrinsically safe or not corresponding to code requirements.
|
(8) |
Ventilators in cargo area not operable.
|
(9) |
Pressure alarms for cargo tanks not operable.
|
(10) |
Gas detection plan and/or toxic gas detection plant defective.
|
(11) |
Transport of substances to be inhibited without valid inhibitor certificate.
|
|
7. |
Areas under the LOAD LINES Convention
(1) |
Significant areas of damage or corrosion, or pitting of plating and associated stiffening in decks and hull affecting seaworthiness or strength to take local loads, unless proper temporary repairs for a voyage to a port for permanent repairs have been carried out.
|
(2) |
A recognized case of insufficient stability.
|
(3) |
The absence of sufficient and reliable information, in an approved form, which by rapid and simple means, enables the master to arrange for the loading and ballasting of his ship in such a way that a safe margin of stability is maintained at all stages and at varying conditions of the voyage, and that the creation of any unacceptable stresses in the ship’s structure are avoided.
|
(4) |
Absence, substantial deterioration or defective closing devices, hatch closing arrangements and watertight doors.
|
(6) |
Absence of draft mark or draft mark impossible to read.
|
|
8. |
Areas under the MARPOL Convention, Annex I
(1) |
Absence, serious deterioration or failure of proper operation of the oilywater filtering equipment, the oil discharge monitoring and control system or the 15 ppm alarm arrangements.
|
(2) |
Remaining capacity of slop and/or sludge tank insufficient for the intended voyage.
|
(3) |
Oil Record Book not available.
|
(4) |
Unauthorized discharge bypass fitted.
|
|
9. |
Areas under the MARPOL Convention, Annex II
(1) |
Absence of the P & A Manual.
|
(2) |
Cargo is not categorized.
|
(3) |
No cargo record book available.
|
(4) |
Transport of oil-like substances without satisfying the requirements or without an appropriately amended certificate.
|
(5) |
Unauthorized discharge by-pass fitted.
|
|
10. |
Areas under the STCW Convention
Number, composition or certificate of crew not corresponding with safe manning document.
|
11. |
Areas under the ILO Conventions
(1) |
Insufficient food for voyage to next port.
|
(2) |
Insufficiency portable water for voyage to next port.
|
(3) |
Excessively unsanitary conditions on board.
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(4) |
No heating in accommodation of a ship operating in areas where temperatures may be excessively low.
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(5) |
Excessive garbage, blockage by equipment or cargo or otherwise unsafe conditions in passageways/accommodations.
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(6) |
Areas which may not warrant a detention, but where cargo operation may be suspended.
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(7) |
Failure of the proper operation or maintenance of inert gas system, cargorelated gear or machinery are considered sufficient grounds for stopping cargo operation.
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SEVENTH SCHEDULE [Regulation 15(1).]
MINIMUM CRITERIA FOR INSPECTORS
1. |
The inspector shall be authorised to carry out port state control by the Authority.
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3. |
A person shall be qualified to be an inspector if the person has completed a minimum of one year’s service as flag State an inspector dealing with surveys and certification in accordance with the Conventions and—
(a) |
(i) |
a certificate of competency as a master, enabling that person to take command of a ship of 1,600 GT or more; |
(ii) |
a certificate of competency as chief engineer, enabling him to take up that task on board a ship whose main power plant has a power equal or superior to 3,000 KW; |
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(b) |
has passed an examination as a naval architect, mechanical engineer or an engineer to any maritime fields and worked in that capacity for at least five years;
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(c) |
has served for a period of not less than five years at sea as officer in the deck or engine-department respectively; or
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(d) |
holds a relevant university degree or an equivalent training, and—
(i) |
has been trained and qualified at a school for ship safety inspectors; and |
(ii) |
has served at least two years as a flag State inspector dealing with surveys and certification in accordance with the Conventions; or |
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(e) |
where the class or classes of ship are specified, has successfully completed an approved course for ship safety and port state control inspectors; and
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(f) |
is able to communicate orally and in writing with seafarers in the language most commonly spoken at sea; and
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(g) |
has appropriate knowledge of the provisions of the international conventions, Memorandum of Understanding, national legislation and of the relevant procedures on port state control.
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MERCHANT SHIPPING (FEES) REGULATIONS, 2011
ARRANGEMENT OF REGULATIONS
6. |
Fees for waiting time.
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7. |
Fees for cancellation.
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11. |
Penalty for non-payment.
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12. |
Revocation of L.N. 150/1994.
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SCHEDULES
FIRST SCHEDULE — |
SURVEY FEES
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SECOND SCHEDULE — |
SURVEYORS’ EXPENSES AND SPECIAL FEES
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THIRD SCHEDULE — |
FEES FOR MISCELLANEOUS SERVICES
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FOURTH SCHEDULE — |
OVERSIGHT AND MONITORING FEES
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MERCHANT SHIPPING (FEES) REGULATIONS,
2011
[L.N. 192/2011.]
1. |
Citation
These Regulations may be cited as the Merchant Shipping (Fees) Regulations, 2011 and shall come into force on the date of publication.
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2. |
Interpretation
In these Regulations, unless the context otherwise requires—
“Act” means the Merchant Shipping Act, 2009;
“dead weight” means the total mass of cargo, fuel, fresh water, etc. that a vessel can carry when she is floating in salt water with her summer load line at the water surface;
“deck officer” means an officer whose duties are connected with the deck department;
“dry dock” means excavated dock fitted with watertight entrance, from which water can be pumped to allow work to be done on the underwater portion of a docked vessel;
“GT” means gross tonnage;
“Inspector” means the person appointed as such under section 409 of the Act;
“ISM” code means the International Safety Management Code for the Safe Operation of Ships and for Pollution Prevention;
“KOPP Certificate” means a Kenya oil pollution certificate issued pursuant to regulation 23;
“SOLAS” means the International Convention for the Safety of life at Sea, 1974, as amended from time to time;
“survey” means a visit on board a vessel to make a detailed examination, inspection or investigation to determine the validity of the relevant certificates and other documents, and the condition of the hull, equipment and machinery of the vessel and the members of the crew of the vessel;
“tonnage convention” means the International Convention on Tonnage Measurement of Ships, 1969;
“tons” means the gross tons, and the tonnage of a vessel with alternative gross tonnages shall be taken to be the larger of those tonnages; and
“Vessel” includes any vessel, boat, sailing vessel, or other vessel of any description used in navigation.
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3. |
Application
The fees specified in the Schedules shall be payable for the services provided or things done by the Authority as respectively specified upon request by any person under or for the purposes of the Act.
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4. |
Payment of fees
(1) |
A person who requests to have a thing done or service rendered by the Authority under the Act, or, where there is no such request, the person for whose benefit the service is provided or thing done, shall pay the fees specified in these Regulations.
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(2) |
Notwithstanding paragraph (1), in the case of a survey, a master, operator, owner, or agent of a ship shall be deemed to be the person for whose benefit the service is provided.
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5. |
Variable fees
(1) |
Where the fees for a particular service is not specified in these Regulations, the fee payable shall be determined on an hourly rate exclusive of the expenses incurred in the performance of the service.
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(2) |
Where an amount payable to the Authority is based on the hourly rate, that rate shall be the sum of two hundred United States dollars, except outside office hours and on public holidays.
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(3) |
A service taking less than an hour shall be charged for as one hour according to the scale.
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(4) |
For services exceeding one hour, a half fee shall be charged for every half hour, or part thereof, according to the scale.
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(5) |
Any person who wishes to have any service performed may prior to the commencement of the service, request the Authority to provide an estimate of the total fees payable, provided that such person pays for the expenses incurred in the provision of such estimates.
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(6) |
Notwithstanding paragraph (5), if the Authority considers that the complexity of the service requested is such that it is not initially possible to make a reasonable estimate of the fees payable, the Authority may, with the agreement of the person requesting the service, undertake a provisional assessment of the service for the purposes of determining the total cost in question, which assessment shall be carried out at the hourly rate of fee.
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6. |
Fees for waiting time
(a) |
is available at the time and place appointed for the performance of a service, but is compelled to wait for a period in excess of half an hour after the appointed time before the service can be commenced; or
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(b) |
is providing a service and the service is interrupted on one or more occasions, for any reason attributable to the person requesting the service, the officer is compelled to wait for a total period in excess of half an hour before the service can be continued; or
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(c) |
has provided a service and is compelled, for any reason attributable to the person requesting the service, to wait for a period in excess of half an hour at the place where the service was provided,
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the waiting time shall be paid for at the hourly rate for every ten minutes or part thereof.
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7. |
Fees for cancellation
Where a service is cancelled before completion, the person making the request for that service shall pay an amount of one hundred and twenty five United States dollars, in addition to the fee calculated in accordance with these Regulations.
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