Bermuda Consolidated Legislation

 

BERMUDA STATUTORY INSTRUMENT

BR 13/1990

MERCHANT SHIPPING (MEANS OF ACCESS) REGULATIONS 1990

[made under section 22(1)(a) and (b), (3), (4), (5) and (6) of the Merchant Shipping Act 1979 [title 31 item 16] and brought into operation on 1 April 1990]

ARRANGEMENT OF REGULATIONS

1 Citation, commencement and revocation

2 Interpretation

3 Application

4 General duties concerning access arrangements

5 Gangways

6 Accommodation ladders

7 Portable and rope ladders

8 Life-buoys

9 Safety nets

10 Use of equipment

11 Offences and penalties

12 Act or default of some other person

13 Inspection and detention of a Bermuda ship

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

15 Compensation and enforce ment of detention

Citation, commencement and revocation

1 (1) These Regulations may be cited as the Merchant Shipping (Means of Access) Regulations 1990 and shall come into operation on 1 April 1990.

(2) The Merchant Shipping (Means of Access) Regulations 1986 are revoked.

Interpretation

2 In these Regulations, unless the context otherwise requires —

"access" means embarking on or disembarking from a ship;

"Code" means Chapter 8 of the Code of Safe Working Practices for Merchant Seamen published in 1978 by Her Majesty's Stationery Office and any document amending or replacing it which is considered by the Secretary of State to be relevant from time to time and is specified in a Merchant Shipping Notice;

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

"fishing vessel" means a vessel for the time being employed in fishing but does not include a vessel used otherwise than for profit;

"master" includes any person in charge of a ship during the ab sence of the master but excludes a watchman;

"Merchant Shipping Notice" means a Notice described as such issued by the Secretary of State;

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

"portable ladder" does not include a rope ladder.

Application

3 (1) Subject to paragraph (2) —

(a) these Regulations except regulation 14 apply to Ber muda ships; and

(b) regulations 1, 2, 3, 14 and 15 apply to other ships when they are in a Bermuda port.

(2) These Regulations do not apply to—

(a) fishing vessels;

(b) pleasure craft; or

(c) ships in which there is for the time being no master or crew or watchman.

(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 and any exemption given pursuant to the Regula tions revoked by these Regulations shall continue in effect as if made under these Regulations and any reference in such an exemption to a provision of those Regulations shall be construed as referring to the cor responding provision in these Regulations.

General duties concerning access arrangements

4 (1) The employer and the master shall ensure that there is a safe means of access between the ship and any quay, pontoon or similar structure or another ship alongside which the ship is secured and in particular (and without prejudice to the generality of such duty) the employer and the master shall ensure that—

(a) any equipment necessary to provide a safe means of ac cess is placed in position promptly after the ship has been so secured and remains in position while the ship is so secured;

(b) access equipment which is in use—

(i) is properly rigged, secured, deployed, and is safe to use; and

(ii) is so adjusted from time to time as to maintain safety of access;

(c) access equipment and immediate approaches thereto are adequately illuminated;

(d) any equipment used for means of access and any safety net is of good construction, of sound material, of ade quate strength for the purposes for which it is used, free from patent defect and properly maintained.

(2) When access is necessary between ship and shore, and the ship is not secured alongside, the employer and master shall ensure that such access is provided in a safe manner.

(3) The employer and the master in carrying out the obliga tions contained in this regulation shall take full account of the princi ples and guidance in the Code.

Gangways

5 In every ship of 30 metres or more registered length (or, in the case of an unregistered ship, of 30 metres or more overall length) the employer shall ensure that there is carried on the ship a gangway which is appropriate to the deck layout, size, shape and maximum freeboard of the ship and which complies with the specifications contained in section 2 of the Code.

Accommodation ladders

6 In every ship of 120 metres or more in registered length (or, in the case of an unregistered ship, of 120 metres or more overall length) the employer shall ensure that there is carried on the ship an accom modation ladder which is appropriate to the deck layout, size, shape and maximum freeboard of the ship and which complies with the speci fications contained in section 2 of the Code.

Portable and rope ladders

7 The employer and the master shall ensure that—

(a) a portable ladder is used for the purpose of access to the ship only where no safer means of access is reason ably practicable;

(b) a rope ladder is used only for the purpose of access between a ship with high freeboard and a ship with low freeboard or between a ship and a boat if no safer means of access is reasonably practicable;

(c) any rope ladder used for the purpose of access to a ship complies with the specifications contained in section 26 of the Code,

provided that the requirements of this regulation shall not affect the re quirements of the Merchant Shipping (Pilot Ladders, and Hoists) Regu lations 1987 of the United Kingdom [title 31 item 16 Fifth Schedule] which by virtue of section 22A of the Act [title 31 item 16 and Fifth Schedule] have full force and effect in Bermuda.

Life-buoys

8 The employer and the master shall ensure that a life-buoy with a self-activating light and also a separate safety line attached to a quoit or some similar device is provided ready for use at the point of access aboard the ship.

Safety nets

9 (1) The employer and the master shall ensure that an ade quate number of safety nets is carried on the ship or is otherwise readily available.

(2) The master shall ensure that when access equipment is in use and there is a risk of a person falling from that access equipment or from the ship or from the quayside immediately adjacent to the access equipment, a safety net is mounted in order to minimise the risk of in jury.

Use of equipment

10 When access equipment is provided in accordance with these Regulations any person boarding or leaving the ship shall use that equipment except in emergencies.

Offences and penalties

11 (1) An employer who contravenes regulation 4, 5, 6, 7, 8 or 9 is guilty of an offence and is liable on summary conviction to a fine of two thousand dollars or on conviction on indictment to imprisonment for two years or a fine of two thousand dollars, or both.

(2) A master who contravenes regulation 4, 7, 8 or 9 is guilty of an offence and is liable on summary conviction to a fine of one thou sand dollars.

(3) Any person who contravenes regulation 10 is guilty of an offence and is liable on summary conviction to a fine of four hundred dollars.

(4) It shall be a defence for a person charged in respect of a contravention of regulation 4(1) or (2) or 9(2) to show that the require ments of the relevant regulation were complied with so far as was rea sonably practicable.

(5) It shall be a defence for a person charged under these Regulations, including a person charged by virtue of regulation 12, to show that he took all reasonable precautions and exercised all due dili gence to avoid the commission of the offence.

Act or default of some other person

12 Where an offence under any of these Regulations is committed, or would have been committed except for the operation of regulation 11(5), by any person due to the act or default of some other person, that other person is guilty of the 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 Bermuda ship

13 Any person duly authorised by the Minister may inspect any Bermuda ship and if he is satisfied that there has been a failure to comply in relation to that ship with the requirements of these Regula tions 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 unreasonably.

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

14 (1) Any person duly authorised by the Minister may inspect any ship other than a Bermuda ship when the ship is in a Bermuda port and if he is satisfied that the ship does not conform to the stan dards of health and safety required of Bermuda ships 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 Direc tor-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;

(ii) detain the ship:

Provided that the measures specified in sub-paragraphs (a) and (b) may be taken only when the ship has called at a Bermuda port 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 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 the exercise of his powers under this regulation unreasonably detain or delay the ship.

Compensation and enforcement of detention

15 Section 460(1) and section 692(1) to (3) and (5) of the Merchant Shipping Act 1894 of the United Kingdom (which relate respectively to liability for costs and compensation for the detention of a ship and en forcing the detention of a ship) shall have effect in relation to a ship de tained under these Regulations subject to the following modifications:

(a) in section 460(1) the following words shall be omitted:

"by reason of the condition of the ship or the act or de fault of the owner"

"provisional"

"as an unsafe ship"

"and survey"

"or survey"; and

(b) for the words "this Part of this Act" in section 460(1) and "this Act" wherever they appear in section 692, there shall be substituted the words "the Merchant Shipping (Means of Access) Regulations 1990".

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