Bermuda Consolidated Legislation

 

BERMUDA STATUTORY INSTRUMENT

BR 51/1990

MERCHANT SHIPPING (PROVISIONS AND WATER) REGULA TIONS 1990

[made under section 22 of the Merchant Shipping Act 1979 [title 31 item 16] and brought into operation on 2 November 1990]

ARRANGEMENT OF REGULATIONS

1 Citation

2 Interpretation

3 Application

4 Duties of employers and masters

5 Master to inspect

6 Offences and penalties

7 Act or default of other person

8 Inspection and detention of a ship registered in Bermuda

9 Inspection, detention and other measures in respect of ships registered outside Bermuda

10 Revocation

Citation

1 These Regulations may be cited as the Merchant Shipping (Provisions and Water) Regulations 1990.

Interpretation

2 In these Regulations unless the context otherwise requires—

"employer" means the person for the time being employing the master;

"length" in relation to an unregistered ship means the registered length, and in relation to an unregistered ship means the length from the fore part of the stem to the aft side of the head of the stern post or, if no stern post is fitted to take the rudder, to the fore side of the rudder stock at the point where the rudder passes out of the hull;

"pleasure craft" means a vessel primarily used for sport or rec reation;

"submersible craft" means submersible craft as defined in the Merchant Shipping (Submersible Craft Construction and Survey) Regulations 1981 of the United Kingdom [SI 1981 No. 1098] deemed to have been made under section 22.

Application

3 (1) Subject to paragraph (2)—

(a) these Regulations other than regulation 9 apply to sea-going ships registered in Bermuda; and

(b) regulations 1, 2, 3, 9 and 10 apply to sea-going ships not registered in Bermuda (except fishing vessels) when in a port in Bermuda.

(2) These Regulations do not apply to —

(a) ships under 24 metres in length;

(b) pleasure craft; or

(c) submersible craft.

(3) The Minister may grant exemptions from all or any of the provisions of these Regulations (as may be specified in the exemption) for classes of cases or individual cases on such terms (if any) as he may so specify and may, subject to giving reasonable notice, alter or cancel any such exemption.

Duties of employers and masters

4 It shall be the duty of the employer and the master of every ship to ensure that there shall be provided on their ship provisions and water which —

(a) are suitable in respect of quantity, nutritive value, qual ity and variety having regard to the size of the crew and the character and nature of the voyage;

(b) do not contain anything which is likely to cause sick ness or injury to health or which renders any provision or water unpalatable; and

(c) are otherwise fit for consumption.

Master to inspect

5 It shall be the duty of the master to ensure that he or a person authorised by him, together with a member of the crew employed in ca tering on the ship, inspects not less than once a week provisions and water for the purpose of checking whether the provisions and water still comply with regulation 4(a) to (c) (inclusive) and the results of such in spections shall be recorded in the Official Log Book of the ship.

Offences and penalties

6 (1) Contravention of regulation 4 by an employer is an offence punishable on summary conviction by a fine of five hundred dollars.

(2) Contravention of regulation 4 or 5 by a master is an offence punishable on summary conviction by a fine of five hundred dollars.

(3) It shall be a defence for a person charged in respect of a contravention of any of these Regulations, including a person charged by virtue of regulation 7, to show that he took all reasonable precau tions and exercised all due diligence to avoid the commission of the of fence.

Act or default of other person

7 Where an offence under any of these Regulations is committed, or would have been committed except for the operation of regulation 6(3), by any person due to the act or default of some other person, that other person is guilty of an offence, and 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.

Inspection and detention of a ship registered in Bermuda

8 Any person duly authorised by the Minister may inspect any ship to which these Regulations apply and if he is satisfied that there has been a failure to comply in relation to that ship with the require ments of these Regulations he may detain the ship until the health and safety of all employees and other persons aboard ship is secured, but shall not in the exercise of these powers detain or delay the ship unrea sonably.

Inspection, detention and other measures in respect of ships regis tered outside Bermuda

9 (1) any [sic] person duly authorised by the Minister may in spect any ship which is not registered in Bermuda when the ship is in a port in Bermuda, and if he is satisfied that the ship does not conform to the standards required of ships registered in Bermuda by these Regula tions, he may —

(a) send a report to the government of the country in which the ship is registered, and a copy thereof to the Director General of the International Labour Office; and

(b) where conditions on board are clearly hazardous to safety or health —

(i) take such measures as are necessary to rectify those conditions; or

(ii) detain the ship:

Provided that the measures specified in subparagraphs (a) and (b) may be taken only when the ship has called at a port in Bermuda in the normal course of business or for operational reasons.

(2) If he takes either of the measures specified in paragraph (1)(b), the person duly authorised shall forthwith notify the nearest maritime, consular or diplomatic representative of the State whose flag the ship is entitled to fly.

(3) The person duly authorised shall not in exercise of his powers under this regulation detain or delay the ship unreasonably.

Revocation

10 The Merchant Shipping (Provisions and Water) Regulations 1980 are revoked.