Merchant Shipping (Crew Agreements, Lists of Crew and Discharge of Seamen) Regulations 1991

Citation

1 These Regulations may be cited as the Merchant Shipping (Crew Agreements, Lists of Crew and Discharge of Seamen) Regulations 1991.

Interpretation

2 In these Regulations, unless the context otherwise requires—

"coastal voyage" means a voyage between places in Bermuda or from and returning to such a place during which, in either case, no call is made at any place outside Bermuda;

"ship" means a ship registered in Bermuda but does not include a fishing vessel; and

references to the gross or to the register tonnage of a ship are, in the case of a ship having alternative gross or alternative register tonnages, references to the larger of its gross tonnages or to the larger of its register tonnages, as the case may be.

PART I

ENGAGEMENT OF SEAMEN

Interpretation of Part I

3 In this Part of these Regulations "the appropriate superintendent or proper officer" means a superintendent or proper officer for the place at which a crew agreement, or an agreement with any person added to those contained in a crew agreement, is or is to be made.

Exemptions from requirements of section 7 (crew agreements)

4 (1) The requirements of section 7 of the Act relating to crew agree ments shall not apply to the following descriptions of ships and voyages:

(a) a ship of less than eighty register tons engaged solely on coastal voyages;

(b) a pleasure yacht which is —

(i) engaged on a coastal voyage; or

(ii) engaged on any other voyage, provided that not more than six members of the crew receive wages for their employment;

(2) The requirements of section 7 of the Act relating to crew agreements shall not apply to the following descriptions of seamen:

(a) a person employed in a ship solely in connection with the construction, alteration, repair or testing of the ship, its machinery or equipment, and not engaged in the navigation of the ship;

(b) a person solely employed in work directly related to —

(i) the exploration of the seabed or sub-soil or the exploitation of their natural resources;

(ii) the storage of gas in or under the seabed or the recovery of gas so stored;

(iii) the laying, inspection, testing, repair, alteration, renewal or removal of any submarine telegraph cable; or

(iv) pipeline works including the assembling, inspection, testing, maintaining, adjusting, repairing, altering, renewing, changing the position of, or dismantling a pipe-line or length of pipe-line; or

(v) the provision of goods, personal services or entertainment on board;

and who is not employed by the owner or the person employing the master of the ship and is not engaged in the navigation of the ship in the deck, engine room, radio, medical or catering de partment of that ship and who has been given a written statement by his employer specifying—

(A) the nature of the employment, the remuneration, the intervals at which the remuneration is to be paid and the length of notice which he is required to give and entitled to receive to determine his employment; and

(B) any terms or conditions of his employment relating to sick pay, hours of work (including any terms and conditions relating to normal working hours), pensions and entitlement to holidays;

Carrying of copy of crew agreement in ships

5 (1) A ship required under section 7 of the Act to carry a crew agreement may, in the case of an agreement which relates to both that and to other ships and which is kept at an address ashore in Bermuda, comply with that requirement by carrying a copy of the agreement certified in the manner provided by paragraph (2).

(2) A copy of a crew agreement carried in a ship in accordance with paragraph (1) shall bear a certificate signed by the master certifying that it is a true copy of the crew agreement and specifying the address in Bermuda at which the crew agreement is kept and the name of the person by whom it is so kept.

Delivery of crew agreement and copies

6 The employer shall, within three days of the date when the last person remaining employed under the crew agreement ceases to be employed under that agreement, or, if it is not practicable within that period, as soon as practicable thereafter, deliver the crew agreement to a superintendent or proper officer for the place where the ship was when that person ceased to be so employed. If the crew agreement covers an indefinite period the employer shall deliver the crew agreement within seven days of it being opened to a superintendent or proper officer for the place where the ship was when the agreement opened.

Display of copy crew agreement

7 The master of a ship shall cause—

(a) a copy of any crew agreement relating to the ship; or

(b) an extract containing the terms of that agreement appli cable—

(i) to all seamen employed under it; and

(ii) to each description of seamen so employed,

to be posted in some conspicuous place on board the ship where it can be read by the persons employed under the crew agreement and he shall cause it to be kept so posted and legible so long as any seaman is em ployed in the ship under the crew agreement.

Supply and production of copy documents

8 Upon a seaman making a demand of his employer or of the master, the employer or the master, as the case may be, shall, within a
reasonable time—

(a) cause to be supplied to him a copy of the crew agree ment under which he is employed or such extracts therefrom as are necessary to show the terms on which he is employed; and

(b) cause to be made available to him a copy of any docu ment referred to in the agreement.

Production of documents to officer

9 The master shall, on demand by an officer of customs, by any superintendent or the Registrar of Shipping, produce to him —

(a) any crew agreement, or the copy of any crew agreement carried in the ship in pursuance of regulation 5; and

(b) any certificate evidencing an exemption granted by the Minister from the requirements of section 7 of the Act with respect to the ship or to any person in it.

Offences under Part I

10 (1) A person who fails to comply with an obligation imposed on him by or under regulation 6 or 8 is guilty of an offence.

(2) A master who fails to comply with an obligation imposed on him or under regulation 7, 8 or 9 is guilty of an offence.

(3) Where a person commits an offence under this regulation:

Punishment on summary conviction: a fine of $300.

PART II

LISTS OF CREW

Interpretation of Part II

11 In this Part—

"endorsement" in relation to a certificate of competency or of ser vice means an endorsement in respect of a trading area, type of ship or dangerous cargo;

"seaman" includes the master of a ship; and

except where the context otherwise requires, references to the employment of a seaman in a ship include references to engagement; and references to discharge include references to termination of engagement.

Exemptions from the requirements of section 65 of the Act (lists of crew)

12 The duty imposed by section 65 of the Act to make and maintain a list of the crew does not apply in relation to a pleasure yacht which is —

(a) engaged on a coastal voyage; or

(b) engaged on any other voyage, provided that not more than six members of the crew receive wages for their employment.

List of crew contained in crew agreement

13 A list of crew may be contained in the same document as a crew agreement relating to one ship only and any particulars entered in the crew agreement shall be treated as forming part of the particulars entered in the list.

Particulars to be specified in list of crew

14 (1) Subject to paragraph (2), a list of crew shall contain the fol lowing particulars:

(a) (i) the name of the ship, its port of registry and of ficial number;

(ii) the name of the owner of the ship and his ad dress and of any other person registered as manager or ship's husband; and

(iii) the number of the certificate evidencing an ex emption granted by the Minister from the re quirements of section 7 of the Act (which relates to crew agreements) with respect to the ship or any person in it; and

(b) subject to paragraph (3), in respect of every seaman from time to time on board the ship, whether or not he is em ployed under a crew agreement—

(i) his name;

(ii) his address;

(iii) the number of his current discharge book (if any) or the date and place of his birth;

(iv) the name of the ship in which he was last em ployed, and, if he was discharged from that ship more than twelve months before he became em ployed in the ship to which the list of crew re-
lates, the year in which he was so discharged;

(v) the capacity in which he is employed in the ship;

(vi) the grade (including any command, service or other endorsement) and number of any certifi cate of competency or of service held by him;

(vii) the date on which he went on board the ship to commence his employment;

(viii) the date on and place at which he left the ship and, if he left on discharge, the reason for his discharge;

(ix) if he is left behind otherwise than on discharge, the date and place of and the reason (if known to the master) for this being done; and

(x) the name and relationship of his next of kin and the address of his next of kin, if different from that of the seaman.

(2) A list of crew which relates to seamen employed under a crew agreement need contain only the particulars referred to in para graph (1)(a)(i) and, in respect of each seaman, the particulars referred to in paragraph (1)(b)(i), (ii), (iii), (v), (vii) and (viii) if the remaining particu lars referred to in paragraph (1) are contained in the crew agreement.

(3) In respect of a member of the naval, military or air forces of the Crown when acting as such a member, a list of crew need contain only the particulars referred to in paragraph (1)(b)(i), (ii), (vii) and (viii).

Copies of list of crew

15 (1) A copy of every list of crew (including all changes in it notified to the owner) shall be maintained by the owner of the ship at an address in Bermuda.

(2) The master shall, as soon as practicable and in any event within three days of any change being made in the list of crew, notify the change to the owner of the ship.

(3) In this regulation and in regulation 18 "owner of the ship" means —

(a) the person registered as managing owner, ship's manager or husband; or

(b) if there is no such person, the owner of the ship.

Delivery of copy of list to superintendent

16 When any person having in his possession the copy of a list of crew required to be maintained under regulation 15 has reason to believe that the ship to which it relates has been lost or abandoned, he shall immediately deliver the copy of the list to a superintendent.

List to be produced on demand

17 A person having in his possession a copy of a list of crew required to be maintained under regulation 15 shall produce it on demand to a superintendent.

Delivery of list of crew to Registrar

18 The owner shall, on demand, deliver to the Registrar within twenty-eight days of such demand being made a list of the crew on board the ship at a date specified by the Registrar.

Duration of list of crew

19 A list of crew shall remain in force—

(a) if any person is employed in the ship under a crew agreement, until all the persons employed under that agreement in that ship have been discharged; and

(b) in the case of a ship engaged on coastal voyages for port authorities, whose crew are returned to shore within each period of twenty-four hours, for twelve months after the first entry relating to a seaman is made on the list;

(c) in any other case, until the ship first calls at a port more than six months after the first entry relating to a seaman is made in the list.

Delivery of list of crew

20 (1) The master shall, within three days after a list of crew (other than one relating to a ship of less than twenty-five gross tons) has ceased to be in force or, if it is not practicable within that period, as soon as practicable thereafter, deliver the list to a superintendent or proper officer for the place where the ship is when the list of crew ceases to be in force.

(2) Where the crew agreement covers an indefinite period the owner shall deliver a list every six months after the crew agreement is opened, showing all changed that have occurred since the list was last submitted, to

(a) the superintendent at a port in Bermuda where the ship
was when the six months period expired, or

(b) if the ship was out of Bermuda at that time to the Registrar,

within seven days of the expiry of each period of six months.

Production of lists of crew

21 A master shall, on demand, produce to the Registrar, a superintendent or proper officer, a surveyor of ships in the course of any inspection of the ship in pursuance of his functions under section 728(a) of the Merchant Shipping Act 1894 of the United Kingdom or under section 69 of the Act or an officer of customs the list of crew required to be maintained in the ship.

Offences under Part II

22 (1) A master who fails to comply with an obligation imposed on him by or under regulation 15(2), 20 or 21 is guilty of an offence.

(2) A person who fails to comply with an obligation imposed on him by regulation 15(1), 16, 17 or 18 is guilty of an offence.

(3) Any offence under this regulation is punishable on summary conviction with a fine of one hundred dollars.

PART III

DISCHARGE OF SEAMEN

Notice of discharge

23 (1) In the event of any dispute about a seaman's wages, and that dispute is at the time of discharge to be submitted to a superintendent or proper officer under section 15 of the Act (which relates to disputes about seamen's wages), then subject to regulation 24 the master of a ship shall, not less than forty-eight hours before the seaman is discharged from the ship or, if it is not practicable within that period, as soon as practicable thereafter, give a notice of discharge in writing to a superintendent or proper officer for the place where the seaman is to be discharged.

(2) A notice of discharge shall contain the following particulars:

(a) the name of the ship, its port of registry and official number;

(b) the place, date and time of the seaman's discharge;

(3) If a notice of discharge relates to more than one seaman, it shall state, in addition to the particulars specified in paragraph (2), the number of seamen being discharged.

Discharge

24 A notice of discharge is not required in respect of a seaman dis charged in Bermuda —

(a) if the seaman is to be discharged from a ship exempted from the requirements of section 7 of the Act by regulation 4(1); or

(b) if the seaman is exempted from the requirements of section 7 of the Act by regulation (4)(2).

Procedure on discharge

25 (1) Where a seaman is present when he is discharged —

(a) the master, or one of the ship's officers authorised by him in that behalf, shall, before the seaman is discharged —

(i) if the seaman produces his discharge book to him, record in it the name of the ship, its port of registry, gross or register tonnage and official number, the description of the voyage, the capacity in which the seaman has been employed in the ship, the date on which he began to be so employed and the date and place of his discharge; or

(ii) if the seaman does not produce his discharge book to him, give to the seaman a certificate of discharge containing the like particulars;

(b) the master shall ensure that the seaman is discharged in the presence of —

(i) the master himself; or

(ii the seaman's employer; or

(iii) a person authorised in that behalf by the master or employer;

(i) make and sign an entry in the official log book
recording the place, date and time of the seaman's discharge; and

(ii) make and sign an entry in the crew agreement or, if there is a list of crew separate from a crew agreement, in the list of crew, recording the place and date of, and the reason for, the seaman's discharge; and

(d) the seaman shall sign the entry in the crew agreement and list of crew referred to in paragraph (1)(c)(ii).

(2) Where a seaman is not present when he is discharged, the master, or a person authorised in that behalf by the master, shall make the entries referred to in paragraph (1)(c).

(3) All entries in the official log book required under paragraphs (1) and (2) shall, in addition to being signed by the person making the entry, be signed also by a member of the crew.

(4) If a seaman so requests, within a period of six months from the date of his discharge from or his leaving the ship, the master, or one of the ship's officers authorised by him in that behalf, shall give to the seaman a certificate (which shall be separate from any other document) either as to the quality of his work or indicating whether he has fully discharged his obligations under his contract of employment.

Offences under Part III

26 (1) Any person (including a master) who —

(a) fails to comply with an obligation imposed on him by or under paragraph (1)(a), (1)(c) or (4) of regulation 24; or

(b) fails to comply with an obligation imposed on him by regulation 25(c)(ii) in relation to an entry in a crew agreement or in a list of crew is guilty of an offence.

(2) A master who fails to comply with an obligation imposed on him under regulation 23(1), 25(l)(b), 25(2) or 25(4) is guilty of an offence.

(3) A seaman who fails to comply with an obligation imposed on him by regulation 25(l)(d) is guilty of an offence.

(4) Any offence under this regulation is punishable on summary conviction —

(a) in the case of an offence referred to in paragraph (1)(a) or (1)(b) or (2), with a fine of three hundred dollars; and

(b) in the case of an offence referred to in paragraph (3) with a fine of fifty dollars.

Revocation

27 These Regulations revoke the Merchant Shipping (Crew Agreements, List of Crew and Discharge of Seamen) Regulations 1980.

Bermuda Consolidated Legislation

Merchant Shipping (Crew Agreements, Lists of Crew and Discharge of Seamen) Regulations 1991