Merchant Shipping (Fees) Regulations 1988

Citation

1 These regulations may be cited as the Merchant Shipping (Fees) Regulations 1988.

Interpretation and application

2 In these regulations, unless the context otherwise requires—

"the Act of 1949" means the Merchant Shipping (Safety Conven tion) Act 1949 of the United Kingdom as extended to Bermuda by the Merchant Shipping (Safety Convention) (Bermuda) Order 1973 [title 31 item 12(a)];

"the Act of 1964" means the Merchant Shipping Act 1964;

"the Act of 1967" means the Merchant Shipping (Load Lines) Act 1967 as extended to Bermuda by the Merchant Shipping (Load Lines) (Bermuda) Order 1975 [title 31 item 13(a)];

"the Act of 1973" means the Merchant Shipping Act 1973;

"the Act of 1979" means the Bermuda Merchant Shipping Act 1979 [title 31 item 16] as amended;

"the Act of 1988" means the Merchant Shipping Act 1988 of the United Kingdom as extended to Bermuda by the Merchant Shipping Act 1988 (Bermuda) Order 1991 [title 31 item 2(a)];

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

"tons" means gross tonnage, and the gross tonnage of a ship having alternative gross tonnages shall be taken to be the larger of those tonnages.

(2) Nothing in these regulations shall apply to any service started before the date on which these regulations come into operation, and as respects any such service the fee payable shall be that applicable at the time of starting the service.

(3) The fees set out in the Schedule to these regulations shall apply in respect of any service started on or after the date on which these regulations come into operation.

(4) Where a fee is determined by the amount of work involved on or off the ship—

(a) travelling time in excess of 1 hour for each visit to a ship in Bermuda shall be disregarded;

(b) travelling time includes the time taken to travel from Bermuda to a ship overseas subject to a maximum of 10 hours in any 24 hour period;

(c) the cost of travelling and subsistence incurred in visiting a ship outside Bermuda shall be charged additional to the hourly rate;

(d) where the work is carried out in conjunction with a non-statutory survey for which fees are not payable under these regulations, the work involved shall be the extra time taken to ensure compliance with the requirements for which fees are charged under these regulations; and

(e) any specific costs incurred in respect of computer or outside services shall be charged additionally to the hourly rate.

[regulation 2 amended by BR 34/1991 effective 1 July 1991]

Payment of fees

3 The fees payable for the services specified in the Schedule to these Regulations shall be the fees specified in relation thereto in that

Schedule.

Revocation

4 [omitted]

Commencement

5 [omitted]

SCHEDULE (REG.3)

PART I

SURVEYS, INSPECTION AND APPLICATIONS FOR EXEMPTION

1 In this Part of the Schedule the "statutory requirements" means any provision of the following Acts as they apply to Bermuda—

The principal Act;

The Act of 1949;

The Act of 1964;

The Act of 1967;

The Act of 1973;

The Act of 1979 as amended;

The Act of 1988;

and any regulation made thereunder and in respect of surveys, inspec tions and applications for exemption relating to—

Crew;

Crew Accommodation;

Dangerous Goods;

Diving and Submersibles;

Fire and Life Saving;

Load Lines;

Medical Stores;

Radio and Navigational Equipment;

Ships - Construction and Equipment;

Oil Pollution.

2 Subject to any additional charge payable under Part III of this Schedule, the fees for the services in this Part of the Schedule shall be determined by the amount of work involved, charged at an hourly rate of $110.00.

3 Subject to paragraph 4 below, the services in this part [sic] of this Schedule are:

(a) any survey or inspection of a ship or its equipment for the issue, amendment, endorsement or renewal of a cer tificate in accordance with or showing compliance with any of the statutory requirements;

(b) any other inspection of a ship or its equipment under section 69 (1) of the Act 1979, on the application of the owner for the purpose of seeing that the ship complies with any of the statutory requirements;

(c) any other inspection otherwise than on the application of the owner to ensure compliance with the statutory re quirements where a previous inspection (whether or not the owner's application) has revealed a failure to comply with any of those requirements;

(d) any inspection or survey where the ship or any of its equipment subject to the statutory requirements has been damaged, changed or modified for the purpose of seeing that the ship complies with the statutory re quirements after such damage, change or modification;

(e) any application for an exemption in accordance with the provisions of any of the statutory requirements; and

(f) arranging the appointment of a surveyor not employed by the Government of Bermuda to undertake a survey or inspection in accordance with the statutory require ments.

4 Where a fee is specified in or covered by another Part of this Schedule for any survey, inspection or certificate in connection with any of the statutory requirements, the fee shall be payable in accordance with that Part.

PART II

TONNAGE MEASUREMENT

FEES FOR MEASUREMENT OF SHIP'S TONNAGE

1 The fees prescribed in this Part are payable under section 83 of the principal Act and where they relate to the tonnage measurement of a ship they include the survey and certification under section 6 and the inspection of markings under section 7 (1) of the principal Act.

2 In this Part:—

"the Regulations" means the Merchant Shipping (Tonnage) Reg ulations 1982 as extended to Bermuda under the Merchant Shipping (Tonnage) (Bermuda) Order 1982;

3 Subject to any additional charge payable under Part III of this Schedule the fee to be charged for the tonnage measurement of ships ac cording to the Regulations (not being a ship to which paragraph 4 below refers to) shall be determined by the amount of work involved, charged at the hourly rate of $110.00.

4 The fees to be charged for the tonnage measurement or mea surement of a pleasure yacht under 13.7 m (45 feet) in overall length in accordance with Schedule 5, of the Regulations Part IV and Appendix 5 shall be determined by the amount of work involved, and charged at an hourly rate of US $110.00 per hour subject to the maximums stated be low:

(i) when undertaken in Bermuda, $276.00; and

(ii) when undertaken outside Bermuda, $552.00.

PART III

ADDITIONAL CHARGES

1 Fees in Respect of the issue of Statutory Certificates following Survey or Inspection—

On receipt of the Declaration of survey or inspection a fee of $100.00 is payable for every certificate or exemption, ex cept a certificate of British or International Tonnage, is sued by an authorised officer of the Government of Bermuda.

2 Waiting Time—

Fees in respect of waiting time incurred during Surveys un dertaken outside Bermuda will be charged at the rate of $110.00 per hour, with a maximum number of 10 hours in any 24 hour period being accountable.

PART IV

COPIES OF DOCUMENTS. ETC.

FEES FOR COPIES OF OR EXTRACTS FROM DOCUMENTS
ADMISSI BLE IN EVIDENCE ETC.

Service	Fee $
(1) For every form of bill of sale or mortgage issued	2.00
(2) For endorsing the name of owner on certificate of registry on change of owner for a ship registered in Bermuda	20.00
(3) For issuing any form of declaration	5.00
(4) For entering in the register each entry relating to the transfer of mortgage, transfer by bill of sale, transmission, mortgage or discharge or mortgage with respect to a ship—
(a) used for pleasure
Not exceeding 100 gross tons	50.00
Exceeding 100 gross tons	100.00
(b) Other ships	300.00
(5) Furnishing a Transcript of Registry (including particulars on application to transfer registry to another port)	50.00
(6) For granting a certificate of mortgage or sale	50.00

(7) For inspecting the register book	20.00 per folio
(8) For each declaration of ownership made before the Registrar of Shipping in furtherance of registry of a ship	20.00
(9) For Change of a Ship's Name
(a) Pleasure vessels	50.00
(b) Other vessels	200.00
(10) For requesting a search by a Public Officer for any document or of any Register of Index	20.00
(11) For issuing a copy of any document	2.00 per page

[Schedule amended by BR 34/1991 effective 1 July 1991]

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Bermuda Consolidated Legislation

Merchant Shipping (Fees) Regulations 1988