Bermuda Consolidated Legislation

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 spec tion 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-para graphs (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

A member of the crew

28

When a seaman is alleged to have com mitted a breach of a code of con duct promulgated by the em ploy er and that breach is such that the penalties include the op tion of dismissal from the ship, a re cord of such of the following par ticulars as are relevant —

(a) the nature of the allegation;

(b) the name of the person against whom the allegation is made;

(c) that the master has read the al legation to the seaman;

(d) that the master has advised the seaman of his right to be ac companied by a friend who may advisehim [sic] and speak on his behalf;

The master

A member of the crew other than the seaman named in an entry under sub-para graph (b) of this para graph

(e) (i) if the seaman admits the al legation, a statement that he admits it;

(ii) in any other case, a state ment that the sea man does not admit the al legation;

(f) (i) any statement made by the seaman, or by his friend on behalf of the sea man, in answer to the al legation;

(ii) that he declines to make a statement in answer to the allegation;

(g) that the master has given a for mal warning to the sea man;

(h) that the master has given a written reprimand to the sea man;

(i) that the master has in formed the seaman that he will be dismissed from the ship either at the first op por tunity or at the end of the voyage and that the mat ter will be referred to a shore-based disciplinary com mittee;

(j) that the seaman has been given, and has acknowl edged receipt of, a copy of all en tries made in the official log book relating to his breach of the Code, together with a copy of any report made to a shore-based dis cip linary committee.

29

Where a seaman is convicted by a legal tribunal of any offence com mit ted in the ship during a voy age —

a record of the conviction and of the punishment inflicted.

The master

A member of the crew

30

Where, in the opinion of the mas ter, consideration should be given to the prosecution of any person in respect of any conduct in the ship during a voyage (whether un der the Merchant Shipping Acts or otherwise) —

a record —

(a) of the event;

(b) of the name of the person con cerned;

(c) of any statement made by the person concerned to the mas ter in respect of that event which that person wishes to be recorded; and

(d) that the entries made in pur suance of sub-para graphs (a) to (c) of this para graph have been read over by the master to the person con cerned.

The master in person

A member of the crew other than the person named in an entry under sub-para graph (b) of this para graph

31

A record of any reduction in the scale of provisions or water to be pro vided for seamen employed in the ship specifying —

The master

A member of the crew

(a) the reduction made;

(b) the reason for the reduction; and

(c) the duration of the reduc tion.

32

Where a child is born in the ship or in one of the ship's boats

a record of —

The master in person

The mother of the child

(a) (i) date of the birth

(ii) if the birth takes place at sea, the position of the ship by latitude and long itude at the time of the birth and, in any other case, the place of birth;

(iii) name (if any) and sur name of child; and

(iv) sex of child;

(b) (i) name and surname of father;

(ii) his usual residence;

(iii) his nationality; and

(iv) his occupation, rank or pro fession;

provided that, if the child is illegitimate, no par ticulars of the father shall be entered except at the joint request of the mother and of the per son acknowledging him self to be the father, given to the master in writ ing and signed by both the mother and that person;

(c) (i) name and surname of mother;

(ii) her maiden surname;

(iii) her name at marriage, if dif ferent from maiden surname;

(iv) her usual residence; and

(v) her nationality; and

(d) the making of a return of the birth, identifying the per son to whom the return was made.

33

Where any person dies in the ship or in a ship's boat or is lost from the ship or a ship's boat or where any person employed in the ship dies outside Bermuda —

a record of —

(a) the date of the death or loss;

The master in person (sub-para graphs (a) to (i))

A member of the crew

(b) (i) if the death takes place in the ship or in a ship's boat or if the deceased is lost from the ship or a ship's boat, the place of death or the position of the ship or of the ship's boat by latitude and longi tude at the time of the death or loss (as the case may require):

(ii) if the death or loss does not take place in or from the ship or in or from a ship's boat, the place of death;

(c) name and surname of de ceased;

(d) sex of decreased;

(e) date of birth (if known) or age;

(f) if the deceased was a wo man who has been mar ried, her maiden surname (if known);

(g) occupation, rank or pro fes sion of deceased;

(h) usual residence of de ceased at time of death or loss;

(i) his nationality;

(j) (i) cause of death or loss; and

The ship's doctor or, if there is no ship's doctor, the master in person (sub-paragraph (j)(i)

A member of the crew

(ii) if death not due to natu ral causes, circum stan ces of death or loss;

The master in person (sub-para graphs (j)(ii) to (m))

A member of the crew

(k) if the deceased was lost from the ship or a ship's boat, the steps taken to rescue him;

(l) the making of a return of the death, identifying the person to whom the return was made; and

(m) the notification of the death to the deceased's next of kin, and the name and ad dress of the next of kin.

34

In respect of a seaman dying while or after being employed in the ship —

a record of —

The master in person

A member of the crew

(a) whether he left any prop erty (including money) on board the ship;

(b) each item of such property.

35

Where an inquiry into the cause of a death is required to be held under section 57 of the Act of 1979 —

a record —

(a) of the name of the deceased and a reference to the rele vant entry made under para graph 35 of this Schedule;

The master (sub-para graph (a))

None

(b) of either —

(i) the name of the super intendent or proper of ficer holding the in quiry and the date and the place at which the in quiry is held; or

The superin tendent or proper officer holding the inquiry (sub-paragraph (b)(i))

None

(ii) that the inquiry was not held at the next port where the ship calls after the death and where there is a super intendent or pro per officer.

The master (sub-para graph (b)(ii)

None

36

Where a person employed in the ship falls ill or is injured —

a record of —

(a) the circumstances of the in jury;

The master (sub-para graph (a)

A member of the crew

(b) the nature of the illness or in jury of the symptoms there of;

(c) the treatment adopted; and

(d) the progress of the illness or injury.

The ship's doctor or (if there is no ship's doctor) the master (sub-para graphs (b) to (d))

A member of the crew

PART II
ENTRIES RELATING TO SHIPS TO WHICH THE DISCIPLINARY OF FENCES REGULATIONS 1980 APPLY

Column 1
Particulars of entry

Column 2
Signatory

Column 3
Witness

37

When a seaman is charged with a dis ciplinary offence under the Dis ciplinary Offences Regulations 1980 —

a record —

(a) if the offence is not to be dealt with by the master, of the name of the officer au thorised under regulation 5(2) of the Disciplinary Of fen ces Regulations 1980 to exercise the powers and duties of the master in re spect of that offence;

The master or the officer named in an entry under sub-paragraph (a) of this paragraph

A member the crew of [sic] other than the seaman named in an entry under sub-para graph (b) of this para graph

(b) of the name of the seaman charged;

(c) of the charge;

(d) that the master or the offi cer referred to in sub-para graph (a) of this paragraph has read the charge to the seaman;

(e) (i) if the seaman admits the charge, a statement that he admits it; or

(ii) in any other case, a statement that the sea man does not admit the charge;

(f) (i) particulars of any statement made by the sea man in answer to the charge; or

(ii) that he declines to make a statement in answer to the charge;

(g) the decision of the master or of the officer referred to in sub-paragraph (a)—

(i) as to whether or not he finds that the seaman has committed the of fence charged; and

(ii) if he finds that the sea man has committed the offence, as to the amount of the fine which he is imposing for that offence or that he is im posing no fine.

38

If the master remits the whole or part of a fine in accordance with the Disciplinary Offences Regula tions, a record of the remission, re ferring to the relevant entry under paragraph 39 and stating the amount remitted and the rea son for the remission.

The master

None

39

Where a seaman makes an ap peal against a fine —

a record —

(a) of the date of receipt by the master of —

(i) the seaman's notice of ap peal

(ii) the seaman's with draw al of the appeal (if any);

The master (sub-para graphs (a) and (b))

A member of the crew other than the seaman named in an entry under paragraph 39(b)

(b) that the appeal is to be heard at an intermediate port as defined in regula tion 1(2) of the Disciplinary Of fences Regulations 1980;

(c) (i) the date of receipt by a superintendent or pro per officer of notice of the appeal;

(ii) the identity of the su per intendent or proper of ficer receiving notice of the appeal;

(iii) the receipt by the su per intendent or proper of ficer of the seaman's withdrawal of the ap peal (if any);

The superintende-nt or proper officer named in an entry under sub-paragraph (c)(ii) of this paragraph (sub-paragraph (c))

None

(iv) the decision of the su per intendent or proper of ficer, stating whether he confirms or quashes the decision of the mas ter and whether he re mits the whole or what part of the fine.

40

Where a fine has been imposed on a seaman for a disciplinary of fence —

a record —

(a) that the amount of the fine so far as not remitted by the master or an appeal has been paid to a superin ten dent or proper officer —

The master in person (sub-para graph (a))

None

(i) identifying the seaman on whom the fine was imposed;

(ii) specifying the amount paid;

(iii) identifying the superin ten dent or proper officer to whom the amount is paid;

(b) of the receipt by the super inten dent or proper officer of the amount specified in the entry made in pursu ance of subparagraph (a)(ii) of this paragraph.

The superin tendent or proper officer receiving the amount (sub-paragraph (b))

None

PART III
ENTRIES RELATING TO SHIPS IN RESPECT OF WHICH A CERTIFI CATE HAS BEEN ISSUED UNDER SECTION 6 OR AN EXEMPTION CERTIFICATE HAS BEEN ISSUED UNDER SECTION 20 OF THE MER CHANT SHIPPING (LOAD LINES) ACT 1967 AND WHICH ARE NOT EX EMPTED BY REGULATIONS 4(C) EXCLUDING SHIPS OF CLASS I, II, IIA AND IV

Column 1
Particulars of entry

Column 2
Signatory

Column 3
Witness

41

A record of —

The master

None

(a) all the particulars stated in the Load Line Certificate is sued under section 6 of the Act of 1967 currently in force in respect of the ship, re la t ing to the freeboards as signed to the ship and the positions of deck-line and load lines;

(b) the draught which would be shown on the scales of feet or metres on the stem and on the stern post of the ship if it were on an even keel and so loaded that the up per edge of the summer load line marked on each side of the ship were on the sur face of the water.

42

A record of —

The master

An officer

(a) (i) the draughts shown on the scales referred to in paragraph 43(b);

(ii) the freeboard on each side of the ship; and

(iii) the mean freeboard;

taken in each case when the ship is ready to leave any dock, wharf, harbour or other place for the pur pose of proceeding to sea;

(b) the density of the water in which the ship was when the particulars referred to in sub-paragraph (a) were taken;

(c) the allowances, if any, to be made in order to determine the mean freeboard which the ship will have when it first reaches salt water af ter leaving as aforesaid, be ing allowances in respect of—

(i) the density of the water in which the ship was when the particulars re ferred to in sub-paragraph (a) were ta ken; and

(ii) the weight of fuel, water and stores re quired for consumption be fore the ship reaches salt water;

(d) the mean draught and mean freeboard which the ship will have on reaching salt water, calculated after mak ing the allowances re fer red to in sub-paragraph (c);

provided that —

(i) sub-paragraph (c)(ii) and (iii) shall not apply to a home trade ship nor to a ship going between lo ca tions in the Near Con tin en tal trading area; and

(ii) sub-paragraphs (b), (c) and (d) shall not apply if, at the time when the par ticulars referred to in sub-paragraph (a) were ta ken, the load line indi ca ting the maximum depth to which the ship could then be loaded in salt water was not sub merged.

In this paragraph —

"freeboard" means the distance mea sured vertically down wards from the upper edge of the deck-line marked on the side of the ship to the sur face of the water;

"mean freeboard" means the mean of the freeboards on each side of the ship; and

"mean draught" means the mean of the draughts shown on the scales of feet on the stem and on the stern post of the ship.

PART IV
ENTRIES RELATING TO SHIPS TO WHICH THE CLOSING OF OPEN INGS REGULATIONS APPLY

Column 1
Particulars of entry

Column 2
Signatory

Column 3
Witness

43

(All such ships)

A record of —

(a) the times of the last closing be fore the ship proceeds on a voyage of the watertight doors and other appliances re ferred to in regulation 2 of the Closing of Openings in Hulls Regulations, and of the next subsequent open ing of such doors and ap pli ances;

The master

An Officer

(b) the times of the opening and closing, while the ship is at sea, of any watertight door pursuant to regulation 3(1)(c) of those Regulations;

The master

An Officer

(c) whether the portable plates referred to in regulation 4 of those Regulations are in place when the ship pro ceeds to sea, and the times, if any, of the removal and re placement of such plates when the ship is at sea; and

The master

An Officer

(d) the occasions on which drills are practiced and in spec tions made in compli ance with the provisions of those Regulations, and whe ther the appliances to which such drills and in spec tions relate are in good work ing order.

The master

An Officer

44

(All such ships)

A record of —

(a) the times of the last clos ing, in accordance with regu lations 2(1) and 4(1) of the Closing of Openings above the Bulkhead Deck Regulations, of the water tight and weathertight doors referred to in those Regu lations and of the next open ing of such doors;

The master

An Officer

(b) the times of the opening and closing of any water tight or weathertight door pur suant to regulations 4(2) and 5 of those Regula tions.

The master

An Officer

45

(a) (All ships of Class I, II, IIA and IV as specified in the Pas senger Ship Regulations 1980 or 1984 as the case may be)

The master

An Officer

A record of draughts, trim and vertical dis tances ascertained in ac cordance with the Pas sen ger Ship Regulations 1980 and the Passenger Ship Regulations 1984.

(b) (Ships of Class I, II, and IIA, and ships of Class IV to which regulation 9L of the Pas senger Ship Regulations 1980 or regulation 9L of the Passenger Ship Regu la tions 1984 applies)

The master

An Officer

A record of the result of the cal culation required by regu lation 5(1) of the Load ing Regulations.