Merchant Shipping (Official Log Books) Regulations 1991

Citation

1 These Regulations may be cited as the Merchant Shipping (Official Log Books)) Regulations 1991.

Interpretation

2 In these Regulations, unless the context otherwise requires—

"the Act of 1894" means the Merchant Shipping Act 1894 of the United Kingdom;

"the Act of 1949" means the Merchant Shipping (Safety Conven tion) Act 1949 of the United Kingdom;

"the Act of 1967" means the Merchant Shipping (Load Lines) Act 1967 of the United Kingdom;

'the Act of 1979" means the Merchant Shipping Act 1979 [title 31 item 16];

"appeal against a fine" means an appeal to a superintendent or proper officer in accordance with the Disciplinary Offences Regulations against a fine for a disciplinary offence;

"appropriate superintendent or proper officer" means a superin tendent or proper officer for the place where the ship is at the time referred to in regulation 12(1) (delivery of official log book);

"the Closing of Openings above the Bulkhead Deck Regulations" means the Merchant Shipping (Closing of Openings in En closed Superstructures and in Bulkheads above the Bulk head Deck) Regulations 1988 of the United Kingdom;

"the Closing of Openings in Hulls Regulations" means the Mer chant Shipping (Closing of Openings in Hulls and in Water tight Bulkheads) Regulations 1987 of the United Kingdom;

"the Crew Accommodation Regulations" means the Merchant Shipping (Crew Accommodation) Regulations 1978 of the United Kingdom;

"the Deck Officers Regulations" means the Merchant Shipping (Certification of Deck Officers) Regulations 1991 [title 31 item 16(v)];

"the Disciplinary Offences Regulations" means the Merchant Shipping (Disci plinary Offences) Regulations 1980 [title 31 item 16(g)];

"the Engineer Officers Regulations" means the Merchant Ship ping (Certifica tion of Marine Engineer Officers) Regulations 1991 [title 31 item 16(u)];

"entry" means an entry in an official log book (including an entry contained in a separate document annexed to any official log book in accordance with regulation 7) of any particulars specified in column 1 in any paragraph of the Schedule and an entry amending or cancelling such an entry;

"the Musters Regulations" means the Merchant Shipping (Musters and Train ing) Regulations 1986 of the United
Kingdom;

"Near Continental trading area" means any location within the area bounded by a line from a point on the Norwegian coast in latitude 62^oNorth to a point 62^o North 02^o West; thence to a point 58^o North 10^o West; thence to a point 51^o North 12^o West; thence to Brest, but excluding all waters which lie to the eastward of a line drawn between Kristiansand, Norway, and Hanstholm lighthouse on the North Danish coast;

"officer" means an officer qualified for the purposes of section 41 of the Act of 1979 or duly certificated under the Act of 1894;

"Passenger Ship Regulations 1980" means the Merchant Ship ping (Passenger Ship Construction) Regulations 1980 of the United Kingdom;

"Passenger Ship Regulations 1984" means the Merchant Ship ping (Passenger Ship Construction and Survey) Regulations 1984 of the United Kingdom;

'the Pilot Ladders and Hoists Regulations" means the Merchant Shipping (Pilot Ladders and Hoists) Regulations 1987 of the United Kingdom;

"the Repatriation Regulations" means the Merchant Shipping (Repatriation) Regulations 1980 [title 31 item 16(l)];

"seaman" in paragraphs 18 and 20 of the Schedule includes the master of a ship;

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

"the Steering Gear Regulations" means the Merchant Shipping (Automatic Pilot and Testing of Steering Gear) Regulations 1981 of the United Kingdom;

"wages submission" means submission to a superintendent or proper officer under section 15 of the Act of 1979 (which re lates to disputes about wages); and

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

Exemptions from requirements of section 64(4) of the Merchant Shipping Act 1979 (Official log books)

3 The requirement imposed by section 64 of the Act of 1979 that an official log book shall be kept in every ship registered in Bermuda shall not apply to —

(a) a ship belonging to the Government of Bermuda;

(b) a ship of less than 25 gross tons; or

Entries in official log books

4 Subject to the provisions of the Merchant Shipping Acts of the United Kingdom (where applicable) and of Bermuda, and of rules and regulations made thereunder entries of particulars specified —

(a) in column 1 in each paragraph of Part I of the Schedule shall from time to time be made in the official log book kept in every ship not exempted from the requirement of section 64 of the Act of 1979 by regulation 3;

(b) in column 1 in each paragraph of Part II of the Schedule shall be so made in the official log book kept in any such ship to which the Disciplinary Offences Regula tions apply;

(c) in column 1 in each paragraph of Part III of the Sched ule shall be so made in the official log book kept in any such ship in respect of which a load line certificate has been issued under section 6 or a load line exemption has been issued under section 20 of the Act of 1967, except a ship which is —

(i) a sludge carrier;

(ii) a dredger;

(iii) a hopper barge; or

(iv) a tug or tender which, in either case, is on or is about to undertake a voyage of not more than 600 nautical miles in the course of which it is at no time more than 200 miles from a port or place in which the persons on board could be placed in safety and, if it carries passengers, does not carry more than 12; and

(d) in column 1 in each relevant paragraph of Part IV of the Schedule shall be so made in the official log book kept in any passenger ship referred to in that paragraph.

Making, signing and witnessing of entries

5 (1) Each entry shall be made in the official log book by the person or by one of the persons (or by a person authorised by any such person for that purpose) specified in column 2 in each paragraph of the Schedule.

(2) Each entry shall —

(a) subject to paragraph (3) of this regulation, be signed by the person or by one of the persons specified in column 2 in each paragraph of the Schedule; and

(b) subject to the provisions of each paragraph of the Schedule, be witnessed by the person, if any, specified in column 3 in each paragraph of the Schedule.

(3) An entry which is to be signed by the master may, except where the contrary intention appears, be signed by an officer authorised by the master for that purpose.

(4) Each entry shall include the date when it is made.

Offence if entry not signed

6 If an entry which is to be signed or witnessed by the master or by a person who is a member of the crew is not made, signed and wit nessed in accordance with the provisions of these Regulations and of the Schedule hereto, the master of the ship at the time when the entry is or should have been made, signed and witnessed shall be guilty of an of fence.

Annexes to official log books

7 If it is not practicable by reason of its length, the circumstances in which it is to be made or for any other reason for an entry to be con tained in the official logbook, it shall be contained in a separate docu ment annexed to the official log book and referred to in an entry in the official logbook; and references in these Regulations to an official log book include references to any document annexed to an official logbook in accordance with this regulation.

False, inaccurate or incomplete entries

8 (1) No person shall make an entry he knows or has reason to believe is false, inaccurate or incomplete.

(2) Any person who contravenes paragraph (1) shall be guilty of an offence.

Time for making of entries

9 (1) (a) Entries of particulars specified in paragraphs 1, 2, 3, 5 and 41 of the Schedule shall be made at the time when an official log book is opened; and

(i) a further entry of particulars specified in para graph 3 shall be made as soon as practicable after any change of master; and

(ii) a further entry of particulars specified in para graph 41 shall be made as soon as practicable after a new load line certificate is issued in re spect of the ship under section 6 of the Act of 1967;

(b) the entry of particulars specified in paragraphs 7 and 24 of the Schedule shall be made as soon as practicable after the ship arrives at or leaves any dock, wharf, port or harbour as the case may require;

(c) the entry of particulars specified in paragraph 11 of the Schedule shall be made as soon as practicable after every time when each muster should have been held in accordance with the Musters Regulations;

(d) the entries of particulars specified in sub-paragraphs (b) and (c) of paragraph 36 of the Schedule shall be made daily or at such other times during the continuance of the illness or injury as the person making any such en try thinks fit;

(e) the entry of particulars specified in paragraph 42 of the Schedule shall be made before the ship leaves any dock, wharf, or other place for the purpose of proceeding to sea;

(f) every other entry shall be made as soon as practicable after the occurrence to which it relates or, if it amends or cancels an existing entry, as soon as practicable after the person intending to sign it becomes aware of the facts giving rise to the amend ment or cancellation.

(2) Subject to regulation 10, no entry shall be made in an offi cial log book after the time referred to in regulation 12(1).

Amendment and cancellation of entries

10 (1) Subject to the provisions of this regulation, an entry shall not be amended or cancelled.

(2) Where—

(a) in the case of an entry which was required to be signed
by the master, it appears to the person who for the time being is master of the ship that the entry is inaccurate or incomplete; or

(b) in the case of any other entry, it appears to the person who signed the entry that it is inaccurate or incomplete,

that person shall, if it is practicable to do so before the time referred to in regulation 12(1), make and sign a further entry referring to the entry and amending or cancelling it; and paragraphs (1) and (2)(b) of regula tion 5 and regulations 6 and 7 shall apply to the further entry.

(3) Where, after the time referred to in regulation 12(1), it ap pears to a superintendent or proper officer or to the Registrar of Ship ping that an entry is inaccurate or incomplete, he —

(a) may make and sign a further entry referring to the entry and amending or cancelling it; and

(b) shall, if it is practicable to do so, inform any master or seaman, to whom any such further entry relates, of its contents.

(4) Any person who fails to comply with paragraph (2) of this regulation shall be guilty of an offence.

Production of official log book

11 (1) The master of a ship shall, on demand, produce to the Registrar of Shipping, a superintendent, a Registry of Shipping sur veyor, a proper officer or an officer of customs the official log book re quired to be kept in the ship.

(2) A master who fails to comply with this regulation shall be guilty of an offence.

Delivery of official log book

12 (1) The master shall, within 48 hours after the time specified in paragraph (2) or in paragraph (3) (as the case may be) of this regula tion, or, if it is not practicable within that time, as soon as practicable thereafter, deliver the official log book to the appropriate superintendent or proper officer.

(2) Subject to paragraph (3) of this regulation, the time re ferred to in paragraph (1) is either —

(a) if any person is employed in the ship under a fixed term crew agreement, the time when the last person remain ing so employed is discharged from the ship; or

(b) in any other case, the time when the ship first calls at a port more than 6 months after the first entry (other than an entry specified in paragraphs 1, 2, 3, 5 or 41 of the Schedule) is made in the official log book.

(3) If, at the time specified in paragraph (2) of this regulation—

(a) there is pending a wages submission; or

(b) (i) there is pending an appeal against a fine; or

(ii) if no such appeal is pending an entry relates to a fine, which has not been remitted, imposed for a disciplinary offence and in respect of which the time for the giving of notice of appeal by the appellant to the master (in accordance with regulation 12 of the Disciplinary Offences Regulations) has not expired,

the time referred to in paragraph (1) of this regulation is either the time when all such submissions or appeals have been determined by a su perintendent or proper officer or withdrawn, or the expiration of 7 days after the time specified in paragraph (2) of this regulation, whichever shall be the earlier.

(4) A master who fails to comply with paragraph (1) of this regulation shall be guilty of an offence.

Offences

13 Any offence under these Regulations shall be punishable on summary conviction with a fine not exceeding $150.00.

Revocation

14 The Merchant Shipping (Official Log Books) Regulations 1980 are revoked.

SCHEDULE (Reg. 4)

ENTRIES REQUIRED TO BE MADE IN THE OFFICIAL LOG BOOKS KEPT IN SHIPS REGISTERED IN BERMUDA NOT EXEMPTED FROM THE REQUIREMENTS OF SECTION 64 OF THE MERCHANT SHIP PING ACT 1979 BY REGULATION 3

PART I
Entries relating to every ship

Column 1
Particulars of entry

Column 2
Signatory

Column 3
Witness

1	The name of the ship, its port of regis try, official number and gross or register tonnage	The master	None
2	The name and address of the regis tered owner or of the regis tered managing owner or of the ship's husband or manager.	The master	None
3	The name of the master and the number of his certificate of com petency	The master	None
4	Where a person ceases to be mas ter of the ship during a voy age, a record that, in accordance with section 67 of the Act of 1979, he has delivered to his suc cessor the documents relating to the ship or its crew which are in his custody.	The master in person and the for mer master in person	None
5	The date on and place at which the official log book is opened	The master	None
6	The date on and place at which the official log book is closed	The master	None
7	A record of — the date and hour of departure for sea from, and arrival from sea at, any dock, wharf, port or har bour	The master in person	An officer
8	A record of every notification re quired by regulation 11 of the Deck Officers Regulations to be made to a proper officer when ever one qualified deck officer less than the number required by the regulations is carried.	The master	None
9	A record of every notification re quired by regulation 8 of the En gineer Officers Regulations to be made to a proper officer whether one qualified marine engineer of ficer less than the number re quired by the regulations is car ried.	The master	None
10	In accordance with regulation 8 of the Musters Regulations a re cord of each occasion on which a mus ter, drill or training of the crew in the use of life saving ap pli ances or fire appliances is held on board the ship, the training and type of drill held, and the oc ca sions on which lifeboats, res cue boats and davit-launched life rafts, as applicable, are lo wered or launched. Additionally, a re cord of each occasion on which the appliances and equip ment are examined to see whether they are ready for use.	The master	A member of the crew
11	Where a muster, drill, training, or in spection is not held on board the ship when required by the Mus ters Regulations, a record of why the muster, drill, training or in s pection, as the case may be, was not carried out or carried out only in part.	The master	A member of the crew
12	Where any of the following acci dents have occurred —	The master	A member of the crew
	(a) there is loss of life or major in jury to any person on board, or any person is lost from, a ship or a ship's boat; or

	(b) a ship is lost or presumed to be lost, or is abandoned or ma terially damaged; or
	(c) a ship strands or is in col lision; or
	(d) any material damage is caused by a ship —
	a description of the casualty and the place where, or the po sition of the ship when, it oc curred.
13	A record of every signal of dis tress or a message that a vessel, air craft or person is in distress at sea, observed or received	The master	A member of the crew
14	Where the master, on receiving at sea a signal of distress or infor ma tion from any source that a ves sel or aircraft is in distress, is un able, or in the special circum stances of the case considers it un reasonable or unnecessary to go to the assistance of the per sons in distress (in accordance with section 22(1) of the Act of 1949 which relates to a master's obligation to assist vessels, etc., in distress —
	A statement of his reasons for not go ing to the assistance of those per sons.	The master in person	A member of the crew
15	Where a dispute relating to the amount payable to a seaman un der a crew agreement is submit ted to a superintendent or proper officer under section 15 of the Act of 1979 —
	(a) a record of the identity of the su perintendent or proper of fi cer,	The master (sub-paragraph (a))	A member of the crew
	(b) a statement of the dispute;	The superin tendent or proper officer (sub-para graphs (b) to (d))	None
	(c) a record of whether he ac cepts the submission; and
	(d) if he accepts the submis sion; either —
	(i) a record of his decision; or
	(ii) a statement that he is of the opinion that the dis pute ought not to be decided by him.
16	A record of — (a) every seaman discharged from the ship; and (b) the place, date and time of his discharge.	The person in whose pres ence the seaman is dis charged or (if the sea man is not pre sent at the time he is dis charged), the master	A member of the crew
17	Where a proper officer consents to the discharge of a seaman out side Bermuda, a record of his con sent	The proper officer (if practicable) or the master in person	If the entry is signed by the master a mem ber of the crew

18	Where a seaman is left behind in any country outside Bermuda or is taken to such a country on be ing shipwrecked, or a person who be came employed in the ship un der an agreement entered into out side Bermuda is left behind in Ber muda or is taken to Bermuda on being shipwrecked —
	a record of —	The master	A member of the crew
	(a) the name of the seaman;
	(b) the date on which and the place at which the seaman was left behind;
	(c) the reason, if known to the mas ter, for the seaman be ing left behind;
	(d) any provision made by the mas ter on the seaman's be half to ensure that a super in tendent or proper officer is in formed that the seaman has been left behind and is given the information re ferred to in regulation 5(1) of the Repatriation Regula tions, identifying the super in tendent or proper officer;
	(e) the seaman's employer be ing informed that the sea man has been left behind and of the employer being given any particulars re quired by him.
19	Where, in pursuance of regula tion 8 of the Repatriation Regula tions, the master is required by a su perintendent or proper officer to convey a person under a con vey ance order —
	a record of —	The master	A member of the crew
	(a) the conveyance order, iden ti fying the person to whom it re lates, and the su per in ten dent or proper offi cer by whom it was given;
	(b) any direction received by the mas ter in respect of any such requirement, specify ing the direction and the su per intendent or proper of fi cer by whom it was given;
	(c) whether the person is en gaged as a member of the crew and, if not,
	(i) the date on which and the place at which he came on board the ship; and
	(ii) the date on which and the place at which he left the ship.
20	In respect of a seaman referred to in an entry made pursuant to para graph 18 of this Schedule —	The master	A member of the crew
	a record of —

	(a) whether he left any property (in cluding money) on board the ship;
	(b) all such property of which the master has taken charge in pursuance of regulation 16(3)(a) of the Repatriation Re gu lations specifying each item of such property;
	(c) each article forming part of such property sold in pur suance of regulation 16(4)(a) of the Repatriation Regu la tions, and the price received for it;
	(d) each article forming part of such property destroyed or dis posed of in pursuance of regu lation 16(4)(b) of the Re pat riation Regulations and the name of the person to whom disposal was made;
	(e) each article forming part of such property delivered to any person in pursuance of regulation 16(5) or (6) of the Repatriation Regulations specifying the person (whether the seaman, his employer or his next of kin) to whom the delivery was made and the date, place and manner of delivery.
[sic]	A record of any inspection of crew ac commodation carried out un der regulations 38(2) and 31(2) of Schedule 6 to the Crew Accom mo dation	The master	A member of the crew
	Regulations showing —
	(a) the date and time of the in spec tion
	(b) the names and ranks of the per sons making the inspec tion; and
	(c) particulars of any respects in which the crew accom mo da tion or any part thereof was found by any of the per sons making the inspec tion not to comply with those Re gu lations.
22	A record of any inspection of pro vis ions and water to be sup plied to seamen employed in the ship with the result of the in spection.	The persons making the inspection	None
23	A record of any testing and in spection carried out by the ship's per sonnel of the rigging of the hoist and a load test to at least 150 kg. under regulation 8(6)(d) of the Pilot Ladders and Hoists Re gu lations.	The master	An officer
24	A record of any drill, check and test carried out by the ship's crew of the ship's steering gear, under regu lation 6(6) of the Steering Gear Regulations.	The master	An officer

25	Where three or more seamen em ployed in the ship complain to the master under section 25 of the Act of 1979 (which relates to com plaints about provisions and wa ter) about the provisions or wa ter provided for the seamen em ployed in the ship — a record of —
	(a) the names of the seamen mak ing the complaint;	The master (sub-paragraphs (a) to (e))	One of the seamen mak ing the complaint
	(b) the complaint, specifying —
	(i) the provisions of (sic) the water complained of; and
	(ii) the manner in which they are alleged not to be in ac cordance with regula tions made under section 24 of the Act 0f 1979 (whether because of bad quality, unfitness for use or deficiency in quantity);
	(c) action taken by the master on the complaint
	(d) whether the seamen state to the master their dissatisfac tion with the action taken by the master on the complaint and whether they claim to com plain to a superinten dent or proper officer;
	(e) if the seamen claim to com plain to a superintendent or pro per officer, the arrange ments made by the master to enable the seamen to do so;
	(f) the investigation of the com plaint by a superinten dent or proper officer; and	The superin ten dent or proper officer in vestigating the complaint (sub-para graph (f))	None
	(g) every examination of provi sions and water made under sec tion 25(4) of the Act of 1979.	The person making the inspection (sub-para graph (g))	None
26	Where by reason of any event it ap pears to the master that an of ficer —
	(a) may be unfit to discharge his duties, whether by rea son of incompetency or mis con duct or for any other rea son; or
	(b) may have been seriously neg li gent in the discharge of his duties; or
	(c) may have failed to comply with the provisions of sec tion 422 of the Act of 1894 (duty to give assistance and in formation after collision);

	a record — (i) of the name of the officer and of the grade and num ber of his certificate; (ii) of any such event or a re fe rence to any other entry re lating to it;	The master in person	An officer other than the officer re ferred to in an entry un der sub-pa ra graph (i) of this para graph
	(iii) of any statement made by the officer to the master in respect of that event or those events and which the officer wishes to be re corded; and
	(iv) that the entries made in pur suance of sub-para graphs (i) to (ii) of this para graph have been read over to the officer by the master, and if they are not read over, the rea son for not doing so.
27	A record of any re-rating (in clu ding promotion) of a sea man, with the date upon which the re-rat ing takes effect.	The master<

Bermuda Consolidated Legislation

Merchant Shipping (Official Log Books) Regulations 1991