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Statutory Instrument 1997 No. 19The Merchant Shipping (Carriage of Cargoes) Regulations 1997(The document as of February, 2008. Arhiv.Online Library) STATUTORY INSTRUMENTS1997 No. 19MERCHANT SHIPPINGThe Merchant Shipping (Carriage of Cargoes) Regulations 1997
The Secretary of State for Transport, after consulting the persons referred to in section 86(4) of the Merchant Shipping Act 1995[1], in exercise of powers conferred by section 85(1)(a) and (b), (3) and (5) to (7) and section 86(1) of that Act, and of all other powers enabling him in that behalf, hereby makes the following Regulations: Citation, commencement and revocation 1. - (1) These Regulations may be cited as the Merchant Shipping (Carriage of Cargoes) Regulations 1997 and shall come into force on 6th February 1997. (2) The Merchant Shipping (Grain) Regulations 1985[2] are hereby revoked. Interpretation 2. - (1) In these Regulations, except where the context otherwise requires:
(2) Unless otherwise stated a reference in a regulation to a numbered paragraph is a reference to the paragraph of that number in the regulation.
(b) the definitions set out in A 2 shall apply; (c) references to the Administration shall, in relation to United Kingdom ships, be references to the Marine Safety Agency; and references to the Contracting Government of the port of loading, in relation to all ships in the United Kingdom, be references to the Secretary of State. Application
(ii) sea-going non United Kingdom ships while they are within the United Kingdom or the territorial waters thereof, when loaded or intended to be loaded with any cargo, with the exception of liquids in bulk, gases in bulk, and cargoes which are classified as Dangerous Goods. (2) These Regulations do not apply to offshore supply vessels. Cargo information 4. - (1) The shipper shall (subject to paragraph (4) below) provide to the operator or master appropriate cargo information sufficiently in advance of loading to enable the precautions which may be necessary for proper stowage and safe carriage of the cargo to be put into effect. The cargo information shall include:
(b) in the case of bulk cargoes, information on the stowage factor of the cargo, the trimming procedures and, in the case of a concentrate or other cargo which may liquefy, additional information in the form of a certificate indicating the moisture content of the cargo and its transportable moisture limit; (c) in the case of bulk cargoes which are not classified in accordance with Regulation VII/2 of the SOLAS Convention, but have chemical properties that may create a potential hazard, information on its chemical properties in addition to that required by paragraph (1)(b). (2) The information shall be confirmed in writing and by appropriate shipping documents prior to loading the cargo on the ship.
(b) the Code of Safe Practice for Ships Carrying Timber Deck Cargoes adopted by the Organisation by Resolution A.715(17), 1992 edition; and (c) the Code of Safe Practice for Solid Bulk Cargoes (BC Code) adopted by the Organisation by Resolution A.434(XI), 1991 edition. (3) The operator and master of every ship carrying grain to which these Regulations apply shall ensure that the International Grain Code is carried on board.
(b) appropriate precautions are taken during loading and transport of heavy cargoes or cargoes with abnormal physical dimensions to ensure that no structural damage to the ship occurs and to maintain adequate stability throughout the voyage; and (c) appropriate precautions are taken during loading and transport of cargo units on board ro-ro ships, especially with regard to the securing arrangements on board such ships and on the cargo units and with regard to the strength of the securing points and lashings. (2) Where packaged goods have been packed in to or on to a cargo unit, the shipper or forwarder of such goods shall ensure that:
(b) if the cargo unit is a container, it is not loaded to more than the maximum gross weight indicated on the Safety Approval Plate attached to the container in accordance with the International Convention for Safe Containers (CSC 1972), published by the Organisation. (3)
(b) a shipper or forwarder who contravenes paragraph (2) shall be guilty of an offence. Oxygen analysis and gas detection equipment Acceptability for loading 9. - (1) Prior to loading a bulk cargo the master shall be in possession of approved stability information, as required by the Merchant Shipping (Load Line) Rules 1968[4], containing comprehensive information on the ship's stability and on the distribution of cargo and ballast for the standard loading conditions. (2) The master shall not accept for loading concentrates or other cargoes which may liquefy unless either the moisture content of the cargo indicated in the certificate referred to in regulation 4(1)(b) is less than its transportable moisture limit or appropriate safety arrangements are made to the satisfaction of the Certifying Authority to ensure adequate stability in the case of cargo shifting, and the ship has adequate structural integrity. (3) Prior to loading a bulk cargo referred to in regulation 4(1)(c), appropriate special precautions for its safe carriage shall be taken. (4) The operator shall ensure that the master is furnished with the information referred to in paragraph (1). (5) The master shall not accept cargo for loading unless:
(b) he is satisfied by calculations that the proposed loading arrangements would not breach the stability information provided under paragraph (1), and (c) he is satisfied that, in the case of a cargo to which paragraph (3) applies, the precautions required by that paragraph have been taken. (6) An operator who contravenes paragraph (4) shall be guilty of an offence. International Grain Code 11. - (1) A ship carrying grain shall comply with the requirements of the International Grain Code. (2) Without prejudice to paragraph (1) or any other requirement of these Regulations, the operator and master shall ensure that:
(b) subject to paragraph (4)(b), the ship has on board a document of authorisation as required by the International Grain Code. In the case of a United Kingdom ship the document of authorisation shall be issued by the Certifying Authority. (3) Except when a ship may be in distress, the operator and master shall not permit a ship loaded with grain in bulk outside the United Kingdom to enter any port in the United Kingdom so laden, unless the ship has been loaded in accordance with the International Grain Code.
(b) the master has demonstrated to the satisfaction of the Certifying Authority that the ship will, in its proposed loading condition, comply with the appropriate requirements of the International Grain Code and has obtained a document to this effect signed by a surveyor of such a Certifying Authority. (5) An operator or master who contravenes paragraph (2) or (3) shall be guilty of an offence. Power to detain 12.In any case where a ship does not comply with the requirements of these Regulations the ship shall be liable to be detained and section 284 of the Merchant Shipping Act 1995 (which relates to the detention of a ship) shall have effect in relation to the ship, subject to the modification that as if for the words "this Act", wherever they appear, there were substituted the words "the Merchant Shipping (Carriage of Cargoes) Regulations 1997". Penalties and defences 13. - (1) A person guilty of an offence under Part II, III or IV of these Regulations shall be liable on summary conviction to a fine not exceeding the statutory maximum or, on conviction on indictment, to imprisonment for a term not exceeding two years or a fine or both. (2) In any proceedings for an offence under Part II, III or IV of these Regulations it shall be a defence for a person to prove that all reasonable steps had been taken by that person to ensure compliance with the Regulations. Offences due to the fault of another person 14.Where the commission by any person of an offence under Part II, III or IV of these Regulations is due to the act or default of some other person, that other person shall be guilty of the offence. A person may be charged with and convicted of the offence by virtue of this Regulation whether or not proceedings are taken against the first mentioned person. Equivalents and exemptions 15. - (1) Where these Regulations, or information referred to in these Regulations, require that a particular piece of equipment, or type thereof, shall be provided or carried in a ship, or that any particular provision shall be made, the Certifying Authority shall permit any other piece of equipment to be provided or carried, or any other provision to be made in that ship if he is satisfied by trials thereof or otherwise that such other piece of equipment or provision is at least as effective as that required by these Regulations, or information referred to in these Regulations. (2) For the purposes of these Regulations, the results of verification and tests carried out by bodies or laboratories of other member States of the Organisation offering suitable and satisfactory guarantees of technical and professional competence and independence shall be accepted. (3) The Secretary of State may exempt any ship from all or any of the provisions of these Regulations as may be specified in the exemption on such terms (if any) as he may specify and, depending on the circumstances, he may also alter or cancel such an exemption. Signed by authority of the Secretary of State for Transport Goschen, Parliamentary Under Secretary of State, Department of Transport 6th January 1997 (This note is not part of the Regulations) These Regulations give effect, in relation to sea-going United Kingdom cargo carrying ships and to other sea-going cargo carrying ships while they are within the United Kingdom or the territorial waters thereof, to the amendments to Chapter VI of the International Convention for the Safety of Life at Sea 1974 adopted on 23rd May 1991 by the Maritime Safety Committee of the International Maritime Organisation at its fifty-ninth session by Resolution MSC.22(59); and revoke and replace the Merchant Shipping (Grain) Regulations 1985. The Regulations require appropriate information relevant to the cargo and its stowage and securing to be provided in advance of loading (regulation 4). Ship operators and masters of United Kingdom cargo carrying ships, and of non-United Kingdom cargo carrying ships, are required to carry Codes of Safe Practices, or equivalent information, (regulation 5 and 11). The contents of one of these Codes (the International Grain Code) are made mandatory for ships carrying grain (regulation 11), and penalties are provided for breaches of certain provisions of that Code. Information on the ships' stability and on the distribution of cargo for the standard loading conditions is to be supplied by the operator and to be in the possession of the master before loading (regulation 9). Copies of the Safety of Life at Sea Convention 1974, and amendments, of the various Codes referred to in the Regulations and of the Convention for Safe Containers 1972 are obtainable from the International Maritime Organisation, 4 Albert Embankment, London SE1 7SR. Merchant Shipping Notices are obtainable from Eros Marketing Support Services, Unit B, Imber Court Trading Estate, Orchard Lane, East Molesey, Surrey KT8 0BN. A compliance cost assessment has been prepared and copies can be obtained from the Marine Information Centre of the Marine Safety Agency, Department of Transport, Spring Place, 105 Commercial Road, Southampton SO15 1EG. A copy has been placed in the library of each House of Parliament. Notes: [1] 1995 c.21.back [2] S.I. 1985/1217.back [3] S.I. 1990/2605, to which there is an amendment not relevant to these Regulations.back [4] S.I. 1968/1053; to which there are amendments not relevant to these Regulations.back ISBN 0 11 063554 X -- Back--
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