Merchant Shipping Act

Merchant Shipping (Bank Fishing Dories) Regulations 2000

[GN 127 of 2000 – 16 September 2000] [Section 228]

1. These regulations may be cited as the Merchant Shipping (Bank Fishing Dories) Regulations 2000.

2. In these regulations –

"dory" means a boat used for fishing;

"mother vessel" means a deep sea fishing vessel used for carrying fishermen and dories engaged in bank fishing operations.

3. These regulations shall –

(a) apply only to dories carried by a mother vessel for fishing operation on fishing grounds situated more than 12 miles off the coast of Mauritius; and

(b) not apply to dories constructed before the coming into force of these regulations.

4. Every dory shall –

(a) be constructed with proper workmanship and material so as to render it –

(i) rot-proof, corrosion-resistant and not unduly affected by seawater, oil or fungal attack;

(ii) resistant to deterioration from exposure to sunlight;

(iii) of a highly visible colour on all parts capable of assisting detection;

(iv) fitted with retro-reflective material where it will assist in detection; and

(v) capable of satisfactory operation in high seas;

(b) be of such form and proportions so as to have ample stability in a seaway and sufficient freeboard when loaded with their full complement of persons, equipment and fish catch;

(c) have buoyancy or shall be fitted with inherently buoyant material which shall not be adversely affected by seawater, oil or oil products and sufficient to float the dory with all its equipment and persons on board when flooded and open to sea;

(d) be provided with a builder's certificate certifying that the dory has been built in accordance with these regulations;

(e) be marked –

(i) in clear permanent characters, with the maker's serial number, name or trade mark and the date of manufacture; and

(ii) on each side of the bow in block capitals of the roman alphabet with the name and assigned number;

(f) have suitable handholds on the underside of the hull –

(i) to enable persons to cling to the dory when capsized; and

(ii) fastened to the dory in such a way that, when subjected to an impact sufficient to cause them to break away from the hull, they break away without damaging the dory;

(g) be fitted with sufficient portable watertight lockers or compartments to provide for the storage of small items of equipment;

(h) be adequately fitted for the mounting and rigging of mast and sail;

(i) carry as equipment –

(i) a mast and sail of appropriate size for the dory;

(ii) sufficient buoy ant oars, each of which shall be equipped by not less than 3 thole pins, crutches attached to the boat by lanyards or chains, or equivalent arrangement;

(iii) a buoyant bailer;

(iv) one anchor/sinker with rope of at least 100 metres;

(v) a sea anchor complying with the requirement of the First Schedule;

(vi) a towing painter of at least 15 metres in length;

(vii) one rocket parachute flare meeting the requirement of Part I of the Second Schedule;

(viii) 2 hand flares meeting the requirement of Part II of the Second Schedule;

(ix) one waterproof electric torch with one spare set of batteries and one spare bulb in a water proof container;

(x) one daylight signaling mirror;

(xi) one whistle or equivalent sound signal;

(xii) a basic first aid outfit in a waterproof case capable of being closed tightly after use; and

(xiii) an efficient radar reflector.

5. Every responsible officer shall –

(a) having due regard to the observance of good seamanship, supervise the lowering and hoisting of dories;

(b) whilst embarking on a fishing trip, ensure that every dory be provided with –

(i) a fully charged handheld, portable and water proof VHF radio transmitter/receiver working on the usual marine frequencies; and

(ii) one working type life vest for each fisherman.

6. The Master or his duly authorised representative shall keep a separate log book containing a list of equipment, as specified in paragraph 4 of these regulations, for each dory carried on the mother ship and their expiry dates, as applicable.

7. The owner shall, prior to any fishing vessel leaving harbour for a fishing campaign, ensure that dories, their fittings and equipment, comply with these regulations.

8. The Master of every fishing vessel shall ensure that the provisions of these regulations are complied with at all times during fishing campaign.

(a) Any person who contravenes any of the above regulations shall commit an offence and shall, on conviction, be liable to a fine not exceeding 10,000 rupees.

(b) Any person convicted of an offence under paragraph (1) shall have his dory forfeited.

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FIRST SCHEDULE

[Regulation 4(1)(v)]

REQUIREMENT FOR SEA ANCHORS

1. A sea anchor shall be conical in shape and have the following dimensions –

minimum mouth diameter 700 millimetres

minimum sloping length 920 millimetres

minimum sloping, length of shroud lines 920 millimetres

2. The sea anchor material shall be porous, slightly stiff and shall allow a water penetration of between 10 and 12 cubic centimetres per second per square centimetre at a pressure of 550 p.a. (roughly equivalent to a speed through water of 2 knots).

3. The painter line used to secure the sea anchor to a dory shall –

(1) be inherently rot-proof construction; and

(2) be 30 metres long, not less than 8 millimetres in diameter.

4. The shroud line shall be designed to restrict the sea anchor from tumbling through itself.

5. The sea anchor should be stable when towed through the water at speeds up to 6 knots.

6. The sea anchor mouth shall open immediately on deployment.

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SECOND SCHEDULE

[Regulation 4(i)(vii)]

PART I – ROCKET PARACHUTE FLARE

1. The rocket parachute flare shall –

(a) be contained in water-resistant casing;

(b) have brief instructions or diagrams clearly illustrating the use of the rocket parachute flare printed on its casing;

(c) have integral means of ignition;

(d) be so designed as not to cause discomfort to the person holding the casing when used in accordance with the manufacturer's operating instructions.

2. (a) The rocket shall, when fired vertically, reach an altitude of not less than 300 metres.

(b) At or near the top of its trajectory, the rocket shall eject a parachute flare, which shall –

(i) burn with a bright red colour;

(ii) burn uniformly with an average luminous intensity of not less than 30,000 candela;

(iii) have a burning period of not less than 40 seconds;

(iv) have a rate of descent of not more than 5 metres per second;

(v) not damage its parachute or attachments while burning.

PART II – HAND FLARES

1. The hand flare shall –

(a) be contained in water-resistant casing;

(b) have brief instructions or diagrams clearly illustrating the use of the hand flare printed on its casing;

(c) have self-contained means of ignition;

(d) be so designed as not to cause discomfort to the person holding the casing and not endanger the survival craft by burning or glowing residues when used in accordance with the manufacturer's operating instructions.

2. The hand flare shall –

(a) burn with a bright red colour;

(b) burn uniformly with an average luminous intensity of not less than 15,000 candela;

(c) have a burning period of not less than one minute;

(d) continue to burn after having been immersed for a period of 10 seconds under 100 millimetres of water.

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Merchant Shipping (Civil Liability for Oil Pollution Damage and International Fund for Compensation for Oil Pollution Damage) Regulations 1996

[GN 110 of 1996 – 1 November 1996] [Section 228]

1. These regulations may be cited as the Merchant Shipping (Civil Liability for Oil Pollution Damage and International Fund for Compensation for Oil Pollution Damage) Regulations 1996.

2. In these regulations –

"Fund Convention" means the International Convention on the Establishment of an International Fund for Compensation for Oil Pollution Damage adopted at Brussels on 18 December 1971, as amended by the 1976 Protocol thereto;

"IOPC Fund" means the International Oil Pollution Compensation Fund established under the provisions of the Fund Convention;

"Liability Convention" means the International Convention on Civil Liability for Oil Pollution Damage, adopted at Brussels on 29 November 1969, as amended by the 1976 Protocol thereto.

3. Subject to regulations 4 to 7, Articles I – XI of the Liability Convention shall apply to Mauritius.

4. For the purposes of Article IX of the Liability Convention, any action brought under paragraph (1) of that Article may be brought before the Supreme Court.

5. For the purposes of Article V.3 of the Liability Convention, the fund shall be constituted by way of a bank deposit, from any bank carrying on business in Mauritius, in favour of the Government of Mauritius.

6. For the purposes of Article VII of the Liability Convention, the Director of Shipping shall, in respect of ships –

(a) registered in Mauritius; and

(b) entering or leaving a port in Mauritius and flying the flag of a State which is not a party to the Convention,

issue the certificates of insurance specified in Article VII.2 of that Convention, subject to such terms and conditions as he may determine.

7. (1) The Director of Shipping shall ensure compliance with Article VII.11 of the Liability Convention.

(2) No ship, as defined in Article 1.1 of the Liability Convention, carrying more than 2,000 tonnes of oil in bulk as cargo shall enter or leave a port or terminal installation in Mauritius without carrying a valid certificate of insurance under the Convention.

(3) Any person who contravenes paragraph (2) shall commit an offence and shall, on conviction, be liable to a fine not exceeding 25,000 rupees.

8. Subject to regulations 9 to 15, Articles 1–15 of the Fund Convention shall apply to Mauritius.

9. (1) Any person who, in any calendar year, has received in Mauritius contributing oil, as defined in Article 1.3 of the Fund Convention so as to be liable to contribute to the IOPC Fund under Article 10 of the Fund Convention, shall, not later than 1 March of the following year, report to the Ministry the quantity of oil received.

(2) The Ministry shall, at such time and in such manner as may be prescribed in the Internal Regulations of the IOPC Fund, communicate the data mentioned in Article 15.2 of the Fund Convention to the Director of the IOPC Fund.

10. (1) Any person who has received, in any calendar year, contributing oil, as defined in Article 1.3 of the Fund Convention, in total quantities exceeding 150,000 tonnes in a port or other installation in Mauritius in the manner specified in Article 10.1(a) and (b) of the Fund Convention shall pay contribution to the IOPC Fund in accordance with Articles 10 to 13 of the Convention in such amount and at such date as may be determined by the IOPC Fund Assembly.

(2) Where the quantity of contributing oil received by any person in Mauritius in a calendar year, when aggregated with the quantity of contributing oil received in Mauritius in that year by an associated person (subsidiary or commonly controlled entity) exceeds 150,000 tonnes, that person shall pay contribution in respect of the actual quantity received by him, notwithstanding that the quantity did not exceed 150,000 tonnes.

11. (1) Subject to paragraph (2) any action –

(a) by the IOPC Fund against a defaulting contributor; or

(b) against the IOPC Fund for compensation under Article 4 or for indemnification under Article 5 of the Fund Convention,

may be brought before the Supreme Court.

(2) No action under paragraph (1) shall be brought unless pollution damage resulting from the incident has been sustained in Mauritius or measures have been taken to prevent or minimise such damage.

12. The IOPC Fund may intervene as a party to any legal proceedings instituted against the owner of a ship or his guarantor under Article IX of the Liability Convention.

13. The notification to the IOPC Fund under Article 7.6 of the Fund Convention shall be made in accordance with Mauritius law.

14.

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Merchant Shipping (Distress Signal and Prevention of Collisions) Regulations 2004

[GN 123 of 2004 – 17 May 2004] [Section 228]

1. These regulations may be cited as the Merchant Shipping (Distress Signal and Prevention of Collisions) Regulations 2004.

2. In these regulations –

"Act" means the Merchant Shipping Act;

"Administration" means the Minister to whom responsibility for the subject of shipping is assigned;

"Exclusive Economic Zone" shall have the same meaning as in the Maritime Zones Act;

"International Regulations" means the International Regulations for Preventing Collisions at Sea 1972 as amended by Resolution A 464(XII), Resolution A 626(15), Resolution A 736(18) and Resolution A 910(22), as set out in the Schedule;

"internal waters" shall have the same meaning as in the Maritime Zones Act;

"Organisation" means the International Maritime Organisation;

"port" shall have the same meaning as in the Ports Act;

"territorial waters" shall have the same meaning as in the Maritime Zones Act.

3. Subject to regulation 4, the International Regulations shall apply to Mauritius.

4. Unless expressly provided otherwise, and notwithstanding regulation 3, these regulations shall apply to –

(a) any Mauritius ship wherever she is in Mauritius waters, the high seas, or in all waters connected therewith; and

(b) other ships while they are within –

(i) a port in Mauritius;

(ii) Mauritian internal waters;

(iii) Mauritian territorial waters;

(iv) the Exclusive Economic Zone of Mauritius; and

(c) any vessel not exempted under rule 38 of the International regulations.

5.

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SCHEDULE

INTERNATIONAL REGULATIONS FOR PREVENTING COLLISIONS AT SEA 1972

[as amended by Resolution A 464(XII), Resolution A 626(15), Resolution A 736(18) and Resolution A 910(22)]

PART A – GENERAL

RULE 1 – APPLICATION

(a) These rules shall apply to all vessels upon the high seas and in all waters connected therewith navigable by seagoing vessels.

(b) Nothing in these rules shall interfere with the operation of special rules made by an appropriate authority for roadsteads, harbours, rivers, lakes or inland waterways connected with the high seas and navigable by seagoing vessels. Such special rules shall conform as closely as possible to these rules.

(c) Nothing in these rules shall interfere with the operation of any special rules made by the Government of any State with respect to additional station or signal lights, shapes or whistle signals for ships of war and vessels proceeding under convoy, or with respect to additional station or signal lights or shapes for fishing vessels engaged in fishing as a fleet. These additional station or signal lights, shapes or whistle signals shall, so far as possible, be such that they cannot be mistaken for any light, shape or signal authorised elsewhere under these rules.

(d) Traffic separation schemes may be adopted by the Organisation for the purpose of these rules.

(e) Whenever the Administration shall have determined that a vessel of special construction or purpose cannot comply fully with the provisions of any of these rules with respect to the number, position, range or arc of visibility of lights or shapes as well as to the disposition and characteristics of sound-signalling appliances, such vessel shall comply with such other provisions in regard to the number, position, range or arc of visibility of lights or shapes, as well as to the disposition and characteristics of sound-signalling appliances, as the Administration shall have determined to be the closest possible compliance with these rules in respect of that vessel.

RULE 2 – RESPONSIBILITY

(a) Nothing in these rules shall exonerate any vessel, or the owner, master or crew thereof, from the consequences of any neglect to comply with these rules or of the neglect of any precaution which may be required by the ordinary practice of seamen, or by the special circumstances of the case.

(b) In construing and complying with these rules, due regard shall be had to all dangers of navigation and collision and to any special circumstances, including the limitations of the vessels involved, which may make a departure from these rules necessary to avoid immediate danger.

RULE 3 – GENERAL DEFINITIONS

For the purpose of these rules –

(a) The word "vessel" includes every description of water craft, including non-displacement craft, WIG craft and seaplanes, used or capable of being used as a means of transportation on water.

(b) The term "power-driven vessel" means any vessel propelled by machinery.

(c) The term "sailing vessel" means any vessel under sail provided that propelling machinery, if fitted, is not being used.

(d) The term "vessel engaged in fishing" means any vessel fishing with nets, lines, trawls or other fishing apparatus which restrict manoeuvrability, but does not include a vessel fishing with trolling lines or other fishing apparatus which do not restrict manoeuvrability.

(e) The word "seaplane" includes any aircraft designed to manoeuvre on the water.

(f) The term "vessel not under command" means a vessel which through some exceptional circumstance is unable to manoeuvre as required by these rules and is therefore unable to keep out of the way of another vessel.

(g) The term "vessel restricted in her ability to manoeuvre" means a vessel which from the nature of her work is restricted in her ability to manoeuvre as required by these rules and is therefore unable to keep out of the way of another vessel. The term "vessels restricted in their ability to manoeuvre" shall include but not be limited to –

(i) a vessel engaged in laying, servicing or picking up a navigation mark, submarine cable or pipeline;

(ii) a vessel engaged in dredging, surveying or underwater operations;

(iii) a vessel engaged in replenishment or transferring persons, provisions or cargo while underway;

(iv) a vessel engaged in the launching or recovery of aircraft;

(v) a vessel engaged in mine clearance operations;

(vi) a vessel engaged in a towing operation such as severely restricts the towing vessel and her tow in their ability to deviate from their course.

(h) The term "vessel constrained by her draught" means a power-driven vessel which, because of her draught in relation to the available depth and width of navigable water, is severely restricted in her ability to deviate from the course she is following.

(i) The word "underway" means that a vessel is not at anchor, or made fast to the shore, or aground.

(j) The words "length" and "breadth" of a vessel mean her length overall and greatest breadth.

(k) Vessels shall be deemed to be in sight of one another only when one can be observed visually from the other.

(l) The term "restricted visibility" means any condition in which visibility is restricted by fog, mist, falling snow, heavy rainstorms, sandstorms or any other similar causes.

(m) The term "Wing-In-Ground (WIG) craft" means a multimodal craft which, in its main operational mode, flies in close proximity to the surface by utilising surface-effect action.

PART B – STEERING AND SAILING RULES

SECTION I – CONDUCT OF VESSELS IN ANY CONDITION OF VISIBILITY

RULE 4 – APPLICATION

Rules in this section apply in any condition of visibility.

RULE 5 – LOOK-OUT

Every vessel shall at all times maintain a proper look-out by sight and hearing as well as by all available means appropriate in the prevailing circumstances and conditions so as to make a full appraisal of the situation and of the risk of collision.

RULE 6 – SAFE SPEED

Every vessel shall at all times proceed at a safe speed so that she can take proper and effective action to avoid collision and be stopped within a distance appropriate to the prevailing circumstances and conditions.

In determining a safe speed the following factors shall be among those taken into account –

(a) By all vessels –

(i) the state of visibility;

(ii) the traffic density, including concentrations of fishing vessels or any other vessels;

(iii) the manoeuvrability of the vessel with special reference to stopping distance and turning ability in the prevailing conditions;

(iv) at night the presence of background light such as from shore lights or from back scatter of her own lights;

(v) the state of wind, sea and current, and the proximity of navigational hazards;

(vi) the draught in relation to the available depth of water.

(b) Additionally, by vessels with operational radar –

(i) the characteristics, efficiency and limitations of the radar equipment;

(ii) any constraints imposed by the radar range scale in use;

(iii) the effect on radar detection of the sea state, weather and other sources of interference;

(iv) the possibility that small vessels, ice and other floating objects may not be detected by radar at an adequate range;

(v) the number, location and movement of vessels detected by radar;

(vi) the more exact assessment of the visibility that may be possible when radar is used to determine the range of vessels or other objects in the vicinity.

RULE 7 – RISK OF COLLISION

(a) Every vessel shall use all available means appropriate to the prevailing circumstances and conditions to determine if risk of collision exists. If there is any doubt such risk shall be deemed to exist.

(b) Proper use shall be made of radar equipment if fitted and operational, including long-range scanning to obtain early warning of risk of collision and radar plotting or equivalent systematic observation of detected objects.

(c) Assumptions shall not be made on the basis of scanty information, especially scanty radar information.

(d) In determining if risk of collision exists the following considerations shall be among those taken into account –

(i) such risk shall be deemed to exist if the compass bearing of an approaching vessel does not appreciably change;

(ii) such risk may sometimes exist even when an appreciable bearing change is evident, particularly when approaching a very large vessel or a tow or when approaching a vessel at close range.

RULE 8 – ACTION TO AVOID COLLISION

(a) Any action to avoid collision shall be taken in accordance with the rules of this part and shall, if the circumstances of the case admit, be positive, made in ample time and with due regard to the observance of good seamanship.

(b) Any alteration of course and/or speed to avoid collision shall, if the circumstances of the case admit, be large enough to be readily apparent to another vessel observing visually or by radar; a succession of small alterations of course and/or speed should be avoided.

(c) If there is sufficient sea room, alteration of course alone may be the most effective action to avoid a close-quarters situation provided that it is made in good time, is substantial and does not result in another close-quarters situation.

(d) Action taken to avoid collision with another vessel shall be such as to result in passing at a safe distance. The effectiveness of the action shall be carefully checked until the other vessel is finally past and clear.

(e) If necessary to avoid collision or allow more time to assess the situation, a vessel shall slacken her speed or take all way off by stopping or reversing her means of propulsion.

(f) (i) A vessel which, by any of these rules, is required not to impede the passage or safe passage of another vessel shall, when required by the circumstances of the case, take early action to allow sufficient sea room for the safe passage of the other vessel.

(ii) A vessel required not to impede the passage or safe passage of another vessel is not relieved of this obligation if approaching the other vessel so as to involve risk of collision and shall, when taking action, have full regard to the action which may be required by the rules of this part.

(iii) A vessel the passage of which is not to be impeded remains fully obliged to comply with the rules of this part when the 2 vessels are approaching one another so as to involve risk of collision.

RULE 9 – NARROW CHANNELS

(a) A vessel proceeding along the course of a narrow channel or fairway shall keep as near to the outer limit of the channel or fairway which lies on her starboard side as is safe and practicable.

(b) A vessel of less than 20 metres in length or a sailing vessel shall not impede the passage of a vessel which can safely navigate only within a narrow channel or fairway.

(c) A vessel engaged in fishing shall not impede the passage of any other vessel navigating within a narrow channel or fairway.

(d) A vessel shall not cross a narrow channel or fairway if such crossing impedes the passage of a vessel which can safely navigate only within such channel or fairway. The latter vessel may use the sound signal prescribed in rule 34(d) if in doubt as to the intention of the crossing vessel.

(e) (i) In a narrow channel or fairway when overtaking can take place only if the vessel to be overtaken has to take action to permit safe passing, the vessel intending to overtake shall indicate her intention by sounding the appropriate signal prescribed in rule 34(c) (i). The vessel to be overtaken shall, if in agreement, sound the appropriate signal prescribed in rule 34(c) (ii) and take steps to permit safe passing. If in doubt she may sound the signals prescribed in rule 34(d).

(ii) This rule does not relieve the overtaking vessel of her obligation under rule 13.

(f) A vessel nearing a bend or an area of a narrow channel or fairway where other vessels may be obscured by an intervening obstruction shall navigate with particular alertness and caution and shall sound the appropriate signal prescribed in rule 34(e).

(g) Any vessel shall, if the circumstances of the case admit, avoid anchoring in a narrow channel.

RULE 10 – TRAFFIC SEPARATION SCHEMES

(a) This rule applies to traffic separation schemes adopted by the Organisation and does not relieve any vessel of her obligation under any other rule.

(b) A vessel using a traffic separation scheme shall –

(i) proceed in the appropriate traffic lane in the general direction of traffic flow for that lane;

(ii) so far as practicable keep clear of a traffic separation line or separation zone;

(iii) normally join or leave a traffic lane at the termination of the lane, but when joining or leaving from either side shall do so at as small an angle to the general direction of traffic flow as practicable.

(c) A vessel shall, so far as practicable, avoid crossing traffic lanes, but if obliged to do so shall cross on a heading as nearly as practicable at right angles to the general direction of traffic flow.

(d) (i) A vessel shall not use an inshore traffic zone when she can safely use the appropriate traffic lane within the adjacent traffic separation scheme. However, vessels of less than 20 metres in length, sailing vessels and vessels engaged in fishing may use the inshore traffic zones.

(ii) Notwithstanding subparagraph (d)(i), a vessel may use an inshore traffic zone when en route to or from a port, offshore installation or structure, pilot station or any other place situation within the inshore traffic zone, or to avoid immediate danger.

(e) A vessel other than a crossing vessel or a vessel joining or leaving a lane shall not normally enter a separation zone or cross a separation line except –

(i) in cases of emergency to avoid immediate danger;

(ii) to engage in fishing within a separation zone.

(f) A vessel navigating in areas near the terminations of traffic separation schemes shall do so with particular caution.

(g) A vessel shall so far as practicable avoid anchoring in a traffic separation scheme or in areas near its terminations.

(h) A vessel not using a traffic separation scheme shall avoid it by as wide a margin as is practicable.

(i) A vessel engaged in fishing shall not impede the passage of any vessel following a traffic lane.

(j) A vessel of less than 20 metres in length or a sailing vessel shall not impede the safe passage of a power-driven vessel following a traffic lane.

(k) A vessel restricted in her ability to manoeuvre when engaged in an operation for the maintenance of safety of navigation in a traffic separation scheme is exempted from complying with this rule to the extent necessary to carry out the operation.

(l) A vessel restricted in her ability to manoeuvre when engaged in an operation for the laying, servicing or picking up of a submarine cable, within a traffic separation scheme, is exempted from complying with this rule to the extent necessary to carry out the operation.

SECTION II – CONDUCT OF VESSELS IN SIGHT OF ONE ANOTHER

RULE 11 – APPLICATION

Rules in this Section apply to vessels in sight of one another.

RULE 12 – SAILING VESSELS

(a) When 2 sailing vessels are approaching one another to involve risk of collision, one of them shall keep out of the way of the other as follows –

(i) when each has the wind on a different side, the vessel which has the wind on the port side shall keep out of the way of the other;

(ii) when both have the wind on the same side, the vessel which is to windward shall keep out of the way of the vessel which is to leeward;

(iii) if a vessel with the wind on the port side sees a vessel to windward and cannot determine with certainty whether the other vessel has the wind on the port or on the starboard side, she shall keep out of the way of the other.

(b) For the purpose of this rule the windward side shall be deemed to be the side opposite to that on which the mainsail is carried or, in the case of a square-rigged vessel, the side opposite to that on which the largest fore-and-aft sail is carried.

RULE 13 – OVERTAKING

(a) Notwithstanding anything contained in the rules of Part B, Sections I and II, any vessel overtaking any other shall keep out of the way of the vessel being overtaken.

(b) A vessel shall be deemed to be overtaking when coming up with another vessel from a direction more than 22.5 degrees abaft her beam, that is, in such a position with reference to the vessel she is overtaking, that at night she would be able to see only the stern light of that vessel but neither of her sidelights.

(c) When a vessel is in any doubt as to whether she is overtaking another, she shall assume that this is the case and act accordingly.

(d) Any subsequent alteration of the bearing between the 2 vessels shall not make the overtaking vessel a crossing vessel within the meaning of these rules or relieve her of the duty of keeping clear of the overtaken vessel until she is finally past and clear.

RULE 14 – HEAD-ON SITUATION

(a) When 2 power-driven vessels are meeting on reciprocal or nearly reciprocal courses so as to involve risk of collision each shall alter her course to starboard so that each shall pass on the port side of the other.

(b) Such a situation shall be deemed to exist when a vessel sees the other ahead or nearly ahead and by night she could see the masthead lights of the other in a line or nearly in a line and/or both sidelights and by day she observes the corresponding aspect of the other vessel.

(c) When a vessel is in any doubt as to whether such a situation exists she shall assume that it does exist and act accordingly.

RULE 15 – CROSSING SITUATION

When 2 power-driven vessels are crossing so as to involve risk of collision, the vessel which has the other on her own starboard side shall keep out of the way and shall, if the circumstances of the case admit, avoid crossing ahead of the other vessel.

RULE 16 – ACTION BY GIVE-WAY VESSEL

Every vessel which is directed to keep out of the way of another vessel shall, so far as possible, take early and substantial action to keep well clear.

RULE 17 – ACTION BY STAND-ON VESSEL

(a) (i) Where one of 2 vessels is to keep out of the way the other shall keep her course and speed.

(ii) The latter vessel may however take action to avoid collision by her manoeuvre alone, as soon as it becomes apparent to her that the vessel required to keep out of the way is not taking appropriate action in compliance with these rules.

(b) When, from any cause, the vessel required to keep her course and speed finds herself so close that collision cannot be avoided by the action of the give-way vessel alone, she shall take such action as will best aid to avoid collision.

(c) A power-driven vessel which takes action in a crossing situation in accordance with subparagraph (a)(ii) of this rule to avoid collision with another power-driven vessel shall if the circumstances of the case admit, not alter course to port for a vessel on her own port side.

(d) This rule does not relieve the give-way vessel of her obligation to keep out of the way.

RULE 18 – RESPONSIBILITIES BETWEEN VESSELS

Except where rules 9, 10 and 13 otherwise require –

(a) A power-driven vessel underway shall keep out of the way of –

(i) a vessel not under command;

(ii) a vessel restricted in her ability to manoeuvre;

(iii) a vessel engaged in fishing;

(iv) a sailing vessel.

(b) A sailing vessel underway shall keep out of the way of –

(i) a vessel not under command;

(ii) a vessel restricted in her ability to manoeuvre;

(iii) a vessel engaged in fishing.

(c) A vessel engaged in fishing when underway shall, so far as possible, keep out of the way of –

(i) a vessel not under command;

(ii) a vessel restricted in her ability to manoeuvre.

(d) (i) Any vessel other than a vessel not under command or a vessel restricted in her ability to manoeuvre shall, if the circumstances of the case admit, avoid impeding the safe passage of a vessel constrained by her draught, exhibiting the signals in rule 28.

(ii) A vessel constrained by her draught shall navigate with particular caution having full regard to her special condition.

(e) A seaplane on the water shall, in general, keep well clear of all vessels and avoid impeding their navigation. In circumstances, however, where risk of collision exists, she shall comply with the rules of this part.

(f) (i) A WIG craft shall, when taking off, landing and in flight near the surface, keep well clear of all other vessels and avoid impeding their navigation;

(ii) A WIG craft operating on the water surface shall comply with the rules of this Part as a power-driven vessel.

SECTION III – CONDUCT OF VESSELS IN RESTRICTED VISIBILITY

RULE 19 – CONDUCT OF VESSELS IN RESTRICTED VISIBILITY

(a) This rule applies to vessels not in sight of one another when navigating in or near an area of restricted visibility.

(b) Every vessel shall proceed at a safe speed adapted to the prevailing circumstances and conditions of restricted visibility. A power-driven vessel shall have her engines ready for immediate manoeuvre.

(c) Every vessel shall have due regard to the prevailing circumstances and conditions of restricted visibility when complying with the rules of Section I of this Part.

(d) A vessel which detects by radar alone the presence of another vessel shall determine if a close-quarters situation is developing and/or risk of collision exists. If so, she shall take avoiding action in ample time, provided that when such action consists of an alteration of course, so far as possible the following shall be avoided –

(i) an alteration of course to port for a vessel forward of the beam, other than for a vessel being overtaken;

(ii) an alteration of course towards a vessel abeam or abaft the beam.

(e) Except where it has been determined that a risk of collision does not exist, every vessel which hears apparently forward of her beam the fog signal of another vessel, or which cannot avoid a close-quarters situation with another vessel forward of her beam, shall reduce her speed to the minimum at which she can be kept on her course. She shall if necessary take all her way off and in any event navigate with extreme caution until danger of collision is over.

PART C – LIGHTS AND SHAPES

RULE 20 – APPLICATION

(a) Rules in this Part shall be complied with in all weathers.

(b) The rules concerning lights shall be complied with from sunset to sunrise, and during such times no other lights shall be exhibited, except such lights as cannot be mistaken for the lights specified in these rules or do not impair their visibility or distinctive character, or interfere with the keeping of a proper look-out.

(c) The lights prescribed by these rules shall, if carried, also be exhibited from sunrise to sunset in restricted visibility and may be exhibited in all other circumstances when it is deemed necessary.

(d) The rules concerning shapes shall be complied with by day.

(e) The lights and shapes specified in these rules shall comply with the provisions of Annex I.

RULE 21 – DEFINITIONS

(a) "Masthead light" means a white light placed over the fore and aft centreline of the vessel showing an unbroken light over an arc of the horizon of 225 degrees and so fixed as to show the light from right ahead to 22.5 degrees abaft the beam on either side of the vessel.

(b) "Sidelights" means a green light on the starboard side and a red light on the port side each showing an unbroken light over an arc of the horizon of 112.5 degrees and so fixed as to show the light from right ahead to 22.5 degrees abaft the beam on its respective side. In a vessel of less than 20 metres in length the sidelights may be combined in one lantern carried on the fore and aft centreline of the vessel.

(c) "Sternlight" means a white light placed as nearly as practicable at the stern showing an unbroken light over an arc of the horizon of 135 degrees and so fixed as to show the light 67.5 degrees from right aft on each side of the vessel.

(d) "Towing light" means a yellow light having the same characteristics as the "sternlight" defined in paragraph (c) of this rule.

(e) "All-round light" means a light showing an unbroken light over an arc of the horizon of 360 degrees.

(f) "Flashing light" means a light flashing at regular intervals at a frequency of 120 flashes or more per minute.

RULE 22 – VISIBILITY OF LIGHTS

The lights prescribed in these rules shall have an intensity as specified in Section 8 of Annex I so as to be visible at the following minimum ranges –

(a) In vessels of 50 metres or more in length –

– a masthead light, 6 miles;

– a sidelight, 3 miles;

– a sternlight, 3 miles;

– a towing light, 3 miles;

– a white, red, green or yellow all-round light, 3 miles.

(b) In vessels of 12 metres or more in length but less than 50 metres in length –

– a masthead light, 5 miles; except that where the length of the vessel is less than 20 metres, 3 miles;

– a sidelight, 2 miles;

– a sternlight, 2 miles;

– a towing light, 2 miles;

– a white, red, green or yellow all-round light, 2 miles.

(c) In vessels of less than 12 metres in length –

– a masthead light, 2 miles;

– a sidelight, 1 mile;

– a sternlight, 2 miles;

– a towing light, 2 miles;

– a white, red, green or yellow all-round light, 2 miles.

(d) In inconspicuous, partly submerged vessels or objects being towed –

– a white all-round light, 3 miles.

RULE 23 – POWER-DRIVEN VESSELS UNDERWAY

(a) A power-driven vessel underway shall exhibit –

(i) a masthead light forward;

(ii) a second masthead light abaft of and higher than the forward one; except that a vessel of less than 50 metres in length shall not be obliged to exhibit such light but may do so;

(iii) sidelights;

(iv) a sternlight.

(b) An air-cushion vessel when operating in the non-displacement mode shall, in addition to the lights prescribed in paragraph (a) of this rule, exhibit an all-round flashing yellow light.

(c) A WIG craft only when taking off, landing and in flight near the surface shall, in addition to the lights prescribed in paragraph (a) of this rule, exhibit a high-intensity all-round flashing red light.

(d) (i) A power-driven vessel of less than 12 metres in length may in lieu of the lights prescribed in paragraph (a) of this rule exhibit an all-round white light and sidelights;

(ii) A power-driven vessel of less than 7 metres in length whose maximum speed does not exceed 7 knots may in lieu of the lights prescribed in paragraph (a) of this rule exhibit an all-round white light and shall, if practicable, also exhibit sidelights;

(iii) The masthead light or all-round white light on a power-driven vessel of less than 12 metres in length may be displaced from the fore and aft centreline of the vessel if centreline fitting is not practicable, provided that the sidelights are combined in one lantern which shall be carried on the fore and aft centreline of the vessel or located as nearly as practicable in the same fore and aft line as the masthead light or the all-round white light.

RULE 24 – TOWING AND PUSHING

(a) A power-driven vessel when towing shall exhibit –

(i) instead of the light prescribed in rule 23(a)(i) or (a)(ii), 2 masthead lights in a vertical line. When the length of the tow, measuring from the stern of the towing vessel to the after end of the tow exceeds 200 metres, 3 such lights in a vertical line;

(ii) sidelights;

(iii) a sternlight;

(iv) a towing light in a vertical line above the sternlight;

(v) when the length of the tow exceeds 200 metres, a diamond shape where it can best be seen.

(b) When a pushing vessel and a vessel being pushed ahead are rigidly connected in a composite unit they shall be regarded as a power-driven vessel and exhibit the lights prescribed in rule 23.

(c) A power-driven vessel when pushing ahead or towing alongside, except in the case of a composite unit, shall exhibit –

(i) instead of the light prescribed in rule 23(a)(i) or (a)(ii), 2 masthead lights in a vertical line;

(ii) sidelights;

(iii) a sternlight.

(d) A power-driven vessel to which paragraph (a) or (c) of this rule applies shall also comply with rule 23(a)(ii).

(e) A vessel or object being towed, other than those mentioned in paragraph (g) of this rule, shall exhibit –

(i) sidelights;

(ii) a sternlight;

(iii) when the length of the tow exceeds 200 metres, a diamond shape where it can best be seen.

(f) Provided that any number of vessels being towed or pushed in a group shall be lighted as one vessel –

(i) a vessel being pushed ahead, not being part of a composite unit, shall exhibit at the forward end, sidelights;

(ii) a vessel being towed alongside shall exhibit a sternlight and at the forward end, sidelights.

(g) An inconspicuous, partly submerged vessel or object, or combination of such vessels or objects being towed, shall exhibit –

(i) if it is less than 25 metres in breadth, one all-round white light at or near the forward end and one at or near the after end except that dracones need not exhibit a light at or near the forward end;

(ii) if it is 25 metres or more in breadth, 2 additional all-round white lights at or near the extremities of its breadth;

(iii) if it exceeds 100 metres in length, additional all-round white lights between the lights prescribed in subparagraphs (i) and (ii) so that the distance between the lights shall not exceed 100 metres;

(iv) a diamond shape at or near the aftermost extremity of the last vessel or object being towed and if the length of the tow exceeds 200 metres an additional diamond shape where it can best be seen and located as far forward as is practicable.

(h) Where from any sufficient cause it is impracticable for a vessel or object being towed to exhibit the lights or shapes prescribed in paragraph (e) or (g) of this rule, all possible measures shall be taken to light the vessel or object towed or at least to indicate the presence of such vessel or object.

(i) Where from any sufficient cause it is impracticable for a vessel not normally engaged in towing operations to display the lights prescribed in paragraph (a) or (c) of this rule, such vessel shall not be required to exhibit those lights when engaged in towing another vessel in distress or otherwise in need of assistance. All possible measures shall be taken to indicate the nature of the relationship between the towing vessel and the vessel being towed as authorised by rule 36, in particular by illuminating the towline.

RULE 25 – SAILING VESSELS UNDERWAY AND VESSELS UNDER OARS

(a) A sailing vessel underway shall exhibit –

(i) sidelights;

(ii) a sternlight.

(b) In a sailing vessel of less than 20 metres in length the lights prescribed in paragraph (a) of this rule may be combined in one lantern carried at or near the top of the mast where it can best be seen.

(c) A sailing vessel underway may, in addition to the lights prescribed in paragraph (a) of this rule, exhibit at or near the top of the mast, where they can best be seen, 2 all-round lights in a vertical line, the upper being red and the lower green, but these lights shall not be exhibited in conjunction with the combined lantern permitted by paragraph (b) of this rule.

(d) (i) A sailing vessel of less than 7 metres in length shall, if practicable, exhibit the lights prescribed in paragraph (a) or (b) of this rule, but if she does not, she shall have ready at hand an electric torch or lighted lantern showing a white light which shall be exhibited in sufficient time to prevent collision.

(ii) A vessel under oars may exhibit the lights prescribed in this rule for sailing vessels, but if she does not, she shall have ready at hand an electric torch or lighted lantern showing a white light which shall be exhibited in sufficient time to prevent collision.

(e) A vessel proceeding under sail when also being propelled by machinery shall exhibit forward where it can best be seen a conical shape, apex downwards.

RULE 26 – FISHING VESSELS

(a) A vessel engaged in fishing, whether underway or at anchor, shall exhibit only the lights and shapes prescribed in this rule.

(b) A vessel when engaged in trawling, by which is meant the dragging through the water of a dredge net or other apparatus used as a fishing appliance, shall exhibit –

(i) two all-round lights in a vertical line, the upper being green and the lower white, or a shape consisting of 2 cones with their apexes together in a vertical line one above the other;

(ii) a masthead light abaft of and higher than the all-round green light; a vessel of less than 50 metres in length shall not be obliged to exhibit such a light but may do so;

(iii) when making way through the water, in addition to the lights prescribed in this paragraph, sidelights and a sternlight.

(c) A vessel engaged in fishing, other than trawling, shall exhibit –

(i) two all-round lights in a vertical line, the upper being red and the lower white, or a shape consisting of 2 cones with apexes together in a vertical line one above the other;

(ii) when there is outlying gear extending more than 150 metres horizontally from the vessel, an all-round white light or a cone apex upwards in the direction of the gear;

(iii) when making way through the water, in addition to the lights prescribed in this paragraph, sidelights and a sternlight.

(d) The additional signals described in Annex II apply to a vessel engaged in fishing in close proximity to other vessels engaged in fishing.

(e) A vessel when not engaged in fishing shall not exhibit the lights or shapes prescribed in this rule, but only those prescribed for a vessel of her length.

RULE 27 – VESSELS NOT UNDER COMMAND OR RESTRICTED
IN THEIR ABILITY TO MANOEUVRE

(a) A vessel not under command shall exhibit –

(i) two all-round red lights in a vertical line where they can best be seen;

(ii) two balls or similar shapes in a vertical line where they can best be seen;

(iii) when making way through the water, in addition to the lights prescribed in this paragraph, sidelights and a sternlight.

(b) A vessel restricted in her ability to manoeuvre, except a vessel engaged in mine-clearance operations, shall exhibit –

(i) three all-round lights in a vertical line where they can best be seen. The highest and lowest of these lights shall be red and the middle light shall be white;

(ii) three shapes in a vertical line where they can best be seen. The highest and lowest of these shapes shall be balls and the middle one a diamond;

(iii) when making way through the water, a masthead light or lights, sidelights and a sternlight, in addition to the lights prescribed in subparagraph (i);

(iv) when at anchor, in addition to the lights or shapes prescribed in sub-paragraphs (i) and (ii), the light, lights or shape prescribed in rule 30.

(c) A power-driven vessel engaged in a towing operation such as severely restricts the towing vessel and her tow in their ability to deviate from their course shall, in addition to the lights or shapes prescribed in rule 24(a), exhibit the lights or shapes prescribed in subparagraphs (b)(i) and (ii) of this rule.

(d) A vessel engaged in dredging or underwater operations, when restricted in her ability to manoeuvre, shall exhibit the lights and shapes prescribed in sub-paragraphs (b)(i), (ii) and (iii) of this rule and shall in addition, when an obstruction exists, exhibit –

(i) two all-round red lights or 2 balls in a vertical line to indicate the side on which the obstruction exists;

(ii) two all-round green lights or 2 diamonds in a vertical line to indicate the side on which another vessel may pass;

(iii) when at anchor, the lights or shapes prescribed in this paragraph instead of the lights or shape prescribed in rule 30.

(e) Whenever the size of a vessel engaged in diving operations makes it impracticable to exhibit all lights and shapes prescribed in paragraph (d) of this rule, the following shall be exhibited –

(i) three all-round lights in a vertical line where they can best be seen. The highest and lowest of these lights shall be red and the middle light shall be white;

(ii) a rigid replica of the International Code flag "A" not less than 1 metre in height. Measures shall be taken to ensure its all-round visibility.

(f) A vessel engaged in mine clearance operations shall in addition to the lights prescribed for a power-driven vessel in rule 23 or to the lights or shape prescribed for a vessel at anchor in rule 30 as appropriate, exhibit 3 all-round green lights or 3 balls. One of these lights or shapes shall be exhibited near the foremast head and one at each end of the foreyard. These lights or shapes indicate that it is dangerous for another vessel to approach within 1000 metres of the mine clearance vessel.

(g) Vessels of less than 12 metres in length, except those engaged in diving operations, shall not be required to exhibit the lights and shapes prescribed in this rule.

(h) The signals prescribed in this rule are not signals of vessels in distress and requiring assistance. Such signals are contained in Annex IV.

RULE 28 – VESSELS CONSTRAINED BY THEIR DRAUGHT

A vessel constrained by her draught may, in addition to the lights prescribed for power-driven vessels in rule 23, exhibit where they can best be seen 3 all-round red lights in a vertical line, or a cylinder.

RULE 29 – PILOT VESSELS

(a) A vessel engaged on pilotage duty shall exhibit –

(i) at or near the masthead, 2 all-round lights in a vertical line, the upper being white and the lower red;

(ii) when underway, in addition, sidelights and a sternlight;

(iii) when at anchor, in addition to the lights prescribed in subparagraph (i), the light, lights or shape prescribed in rule 30 for vessels at anchor.

(b) A pilot vessel when not engaged on pilotage duty shall exhibit the lights or shapes prescribed for a similar vessel of her length.

RULE 30 – ANCHORED VESSELS AND VESSELS AGROUND

(a) A vessel at anchor shall exhibit where it can best be seen –

(i) in the fore part, an all-round white light or one ball;

(ii) at or near the stern and at a lower level than the light prescribed in subparagraph (i), an all-round white light.

(b) A vessel of less than 50 metres in length may exhibit an all-round white light where it can best be seen instead of the lights prescribed in paragraph (a) of this rule.

(c) A vessel at anchor may, and a vessel of 100 metres and more in length shall, also use the available working or equivalent lights to illuminate her decks.

(d) A vessel aground shall exhibit the lights prescribed in paragraph (a) or (b) of this rule and in addition, where they can best be seen –

(i) two all-round red lights in a vertical line;

(ii) three balls in a vertical line.

(e) A vessel of less than 7 metres in length, when at anchor, not in or near a narrow channel, fairway or anchorage, or where other vessels normally navigate, shall not be required to exhibit the lights or shape prescribed in paragraphs (a) and (b) of this rule.

(f) A vessel of less than 12 metres in length, when aground, shall not be required to exhibit the lights or shapes prescribed in subparagraphs (d)(i) and (ii) of this rule.

RULE 31 – SEAPLANES

Where it is impracticable for a seaplane or a WIG craft to exhibit lights and shapes of the characteristics or in the positions prescribed in the rules of this part she shall exhibit lights and shapes as closely similar in characteristics and position as is possible.

PART D – SOUND AND LIGHT SIGNALS

RULE 32 – DEFINITIONS

(a) The word "whistle" means any sound signalling appliance capable of producing the prescribed blasts and which complies with the specifications in Annex III.

(b) The term "short blast" means a blast of about one second's duration.

(c) The term "prolonged blast" means a blast of from 4 to 6 seconds' duration.

RULE 33 – EQUIPMENT FOR SOUND SIGNALS

(a) A vessel of 12 metres or more in length shall be provided with a whistle, a vessel of 20 metres or more in length shall be provided with a bell in addition to a whistle, and a vessel of 100 metres or more in length shall, in addition, be provided with a gong, the tone and sound of which cannot be confused with that of the bell. The whistle, bell and gong shall comply with the specifications in Annex III. The bell or gong or both may be replaced by other equipment having the same respective sound characteristics, provided that manual sounding of the prescribed signals shall always be possible.

(b) A vessel of less than 12 metres in length shall not be obliged to carry the sound signalling appliances prescribed in paragraph (a) of this rule but if she does not, she shall be provided with some other means of making an efficient sound signal.

RULE 34 – MANOEUVRING AND WARNING SIGNALS

(a) When vessels are in sight of one another, a power-driven vessel underway, when manoeuvring as authorised or required by these rules, shall indicate that manoeuvre by the following signals on her whistle –

– one short blast to mean "I am altering my course to starboard";

– two short blasts to mean "I am altering my course to port";

– three short blasts to mean "I am operating astern propulsion".

(b) Any vessel may supplement the whistle signals prescribed in paragraph (a) of this rule by light signals, repeated as appropriate, whilst the manoeuvre is being carried out –

(i) these light signals shall have the following significance –

– one flash to mean "I am altering my course to starboard";

– two flashes to mean "I am altering my course to port";

– three flashes to mean "I am operating astern propulsion";

(ii) the duration of each flash shall be about one second, the interval between flashes shall be about one second, and the interval between successive signals shall be not less than 10 seconds;

(iii) the light used for this signal shall, if fitted, be an all-round white light, visible at a minimum range of 5 miles, and shall comply with the provisions of Annex I.

(c) When in sight of one another in a narrow channel or fairway –

(i) a vessel intending to overtake another shall in compliance with rule 9(e)(i) indicate her intention by the following signals on her whistle –

– two prolonged blasts followed by one short blast to mean "I intend to overtake you on your starboard side";

– two prolonged blasts followed by 2 short blasts to mean "I intend to overtake you on your port side";

(ii) the vessel about to be overtaken when acting in accordance with rule 9(e)(i) shall indicate her agreement by the following signal on her whistle –

– one prolonged, one short, one prolonged and one short blast, in that order.

(d) When vessels in sight of one another are approaching each other and from any cause either vessel fails to understand the intentions or actions of the other, or is in doubt whether sufficient action is being taken by the other to avoid collision, the vessel in doubt shall immediately indicate such doubt by giving at least 5 short and rapid blasts on the whistle. Such signal may be supplemented by a light signal of at least 5 short and rapid flashes.

(e) A vessel nearing a bend or an area of a channel or fairway where other vessels may be obscured by an intervening obstruction shall sound one prolonged blast. Such signal shall be answered with a prolonged blast by any approaching vessel that may be within hearing around the bend or behind the intervening obstruction.

(f) If whistles are fitted on a vessel at a distance apart of more than 100 metres, one whistle only shall be used for giving manoeuvring and warning signals.

RULE 35 – SOUND SIGNALS IN RESTRICTED VISIBILITY

In or near an area of restricted visibility, whether by day or night, the signals prescribed in this rule shall be used as follows –

(a) A power-driven vessel making way through the water shall sound at intervals of not more than 2 minutes one prolonged blast.

(b) A power-driven vessel underway but stopped and making no way through the water shall sound at intervals of not more than 2 minutes 2 prolonged blasts in succession with an interval of about 2 seconds between them.

(c) A vessel not under command, a vessel restricted in her ability to manoeuvre, a vessel constrained by her draught, a sailing vessel, a vessel engaged in fishing and a vessel engaged in towing or pushing another vessel shall, instead of the signals prescribed in paragraph (a) or (b) of this rule, sound at intervals of not more than 2 minutes 3 blasts in succession, namely one prolonged followed by 2 short blasts.

(d) A vessel engaged in fishing, when at anchor, and a vessel restricted in her ability to manoeuvre when carrying out her work at anchor, shall instead of the signals prescribed in paragraph (g) of this rule sound the signal prescribed in paragraph (c) of this rule.

(e) A vessel towed or if more than one vessel is towed the last vessel of the tow, if manned, shall at intervals of not more than 2 minutes sound 4 blasts in succession, namely one prolonged followed by 3 short blasts. When practicable, this signal shall be made immediately after the signal made by the towing vessel.

(f) When a pushed vessel and a vessel being pushed ahead are rigidly connected in a composite unit they shall be regarded as a power-driven vessel and shall give the signals prescribed in paragraph (a) or (b) of this rule.

(g) A vessel at anchor shall at intervals of not more than one minute ring the bell rapidly for about 5 seconds. In a vessel of 100 metres or more in length the bell shall be sounded in the forepart of the vessel and immediately after the ringing of the bell the gong shall be sounded rapidly for about 5 seconds in the after part of the vessel. A vessel at anchor may in addition sound 3 blasts in succession, namely one short, one prolonged and one short blast, to give warning of her position and of the possibility of collision to an approaching vessel.

(h) A vessel aground shall give the bell signal and if required the gong signal prescribed in paragraph (g) of this rule and shall, in addition, give 3 separate and distinct strokes on the bell immediately before and after the rapid ringing of the bell. A vessel aground may in addition sound an appropriate whistle signal.

(i) A vessel of 12 metres or more but less than 20 metres in length shall not be obliged to give the bell signals prescribed in paragraphs (g) and (h) of this rule. However, if she does not, she shall make some other efficient sound signal at intervals of not more than 2 minutes.

(j) A vessel of less than 12 metres in length shall not be obliged to give the above-mentioned signals but, if she does not, shall make some other efficient sound signal at intervals of not more than 2 minutes.

(k) A pilot vessel when engaged on pilotage duty may in addition to the signals prescribed in paragraph (a), (b) or (g) of this rule sound an identity signal consisting of 4 short blasts.

RULE 36 – SIGNALS TO ATTRACT ATTENTION

If necessary to attract the attention of another vessel any vessel may make light or sound signals that cannot be mistaken for any signal authorised elsewhere in these rules, or may direct the beam of her searchlight in the direction of the danger, in such a way as not to embarrass any vessel. Any light to attract the attention of another vessel shall be such that it cannot be mistaken for any aid to navigation. For the purpose of this rule the use of high intensity intermittent or revolving lights, such as strobe lights, shall be avoided.

RULE 37 – DISTRESS SIGNALS

When a vessel is in distress and requires assistance she shall use or exhibit the signals described in Annex IV.

PART E – EXEMPTIONS

RULE 38 – EXEMPTIONS

Any vessel (or class of vessels) provided that she complies with the requirements of the International Regulations for Preventing Collisions at Sea, 1960, the keel of which is laid or which is at a corresponding stage of construction before the entry into force of these regulations may be exempted from compliance therewith as follows –

(a) –

(b) –

(c) The repositioning of lights as a result of conversion from Imperial to metric units and rounding off measurement figures, permanent exemption.

(d) (i) The repositioning of masthead lights on vessels of less than 150 metres in length, resulting from the prescriptions of section 3(a) of Annex I, permanent exemption.

(ii) –

(e) –

(f) –

(g) The requirements for sound signal appliances prescribed in Annex III, until 9 years after the date of entry into force of these regulations.

(h) The repositioning of all-round lights resulting from the prescription of section 9(b) of Annex I, permanent exemption.

ANNEX I – POSITIONING AND TECHNICAL DETAILS

OF LIGHTS AND SHAPES

1. Definition

The term "height above the hull" means height above the uppermost continuous deck. This height shall be measured from the position vertically beneath the location of the light.

2. Vertical positioning and spacing of lights

(a) On a power-driven vessel of 20 metres or more in length the masthead lights shall be placed as follows –

(i) the forward masthead light, or if only one masthead light is carried, then that light, at a height above the hull of not less than 6 metres, and, if the breadth of the vessel exceeds 6 metres, then at a height above the hull not less than such breadth, so however that the light need not be placed at a greater height above the hull than 12 metres;

(ii) when 2 masthead lights are carried the after one shall be at least 4.5 metres vertically higher than the forward one.

(b) The vertical separation of masthead lights of power-driven vessels shall be such that in all normal conditions of trim the after light will be seen over and separate from the forward light at a distance of 1,000 metres from the stem when viewed from sea-level.

(c) The masthead light of a power-driven vessel of 12 metres but less than 20 metres in length shall be placed at a height above the gunwale of not less than 2.5 metres.

(d) A power-driven vessel of less than 12 metres in length may carry the uppermost light at a height of less than 2.5 metres above the gunwale. When, however, a masthead light is carried in addition to sidelights and a sternlight or the all-round light prescribed in rule 23(c)(i) is carried in addition to sidelights, then such masthead light or all-round light shall be carried at least 1 metre higher than the sidelights.

(e) One of the 2 or 3 masthead lights prescribed for a power-driven vessel when engaged in towing or pushing another vessel shall be placed in the same position as either the forward masthead light or the after masthead light; provided that, if carried on the aftermast, the lowest after masthead light shall be at least 4.5 metres vertically higher than the forward masthead light.

(f) (i) The masthead light or lights prescribed in rule 23(a) shall be so placed as to be above and clear of all other lights and obstructions except as described in subparagraph (ii).

(ii) When it is impracticable to carry the all-round lights prescribed by rule 27(b)(i) or rule 28 below the masthead lights, they may be carried above the after masthead light(s) or vertically in between the forward masthead light(s) and the after masthead light(s), provided that in the latter case the requirement of section 3(c) of this Annex shall be complied with.

(g) The sidelights of a power-driven vessel shall be placed at a height above the hull not greater than three-quarters of that of the forward masthead light. They shall not be so low as to be interfered with by deck lights.

(h) The sidelights, if in a combined lantern and carried on a power-driven vessel of less than 20 metres in length, shall be placed not less than 1 metre below the masthead light.

(i) When the rules prescribe 2 or 3 lights to be carried in a vertical line, they shall be spaced as follows –

(i) on a vessel of 20 metres in length or more such lights shall be spaced not less than 2 metres apart, and the lowest of these lights shall, except where a towing light is required, be placed at a height of not less than 4 metres above the hull;

(ii) on a vessel of less than 20 metres in length such lights shall be spaced not less than 1 metre apart and the lowest of these lights shall, except where a towing light is required, be placed at a height of not less than 2 metres above the gunwale;

(iii) when 3 lights are carried they shall be equally spaced.

(j) The lower of the 2 all-round lights prescribed for a vessel when engaged in fishing shall be at a height above the sidelights not less than twice the distance between the 2 vertical lights.

(k) The forward anchor light prescribed in rule 30(a) (i), when 2 are carried, shall not be less than 4.5 metres above the after one. On a vessel of 50 metres or more in length this forward anchor light shall be placed at a height of not less than 6 metres above the hull.

3. Horizontal positioning and spacing of lights

(a) When 2 masthead lights are prescribed for a power-driven vessel, the horizontal distance between them shall not be less than one half of the length of the vessel but need not be more than 100 metres. The forward light shall be placed not more than one-quarter of the length of the vessel from the stem.

(b) On a power-driven vessel of 20 metres or more in length the sidelights shall not be placed in front of the forward masthead lights. They shall be placed at or near the side of the vessel.

(c) When the lights prescribed in rule 27(b)(i) or rule 28 are placed vertically between the forward masthead light(s) and the after masthead light(s) these all-round lights shall be placed at a horizontal distance of not less than 2 metres from the fore and aft centreline of the vessel in the athwartship direction.

(d) When only one masthead light is prescribed for a power-driven vessel, this light shall be exhibited forward of amidships; except that a vessel of less than 20 metres in length need not exhibit this light forward of amidships but shall exhibit it as far forward as is practicable.

4. Details of location of direction-indicating lights for fishing vessels, dredgers and vessels engaged in underwater operations.

(a) The light indicating the direction of the outlying gear from a vessel engaged in fishing as prescribed in rule 26(c)(ii) shall be placed at a horizontal distance of not less than 2 metres and not more than 6 metres away from the 2 all-round red and white lights. This light shall be placed not higher than the all-round white light prescribed in rule 26(c)(i) and not lower than the sidelights.

(b) The lights and shapes on a vessel engaged in dredging or underwater operations to indicate the obstructed side and/or the side on which it is safe to pass, as prescribed in rule 27(d)(i) and (ii), shall be placed at the maximum practical horizontal distance, but in no case less than 2 metres, from the lights or shapes prescribed in rule 27(b)(i) and (ii). In no case shall the upper of these lights or shapes be at a greater height than the lower of the 3 lights or shapes prescribed in rule 27(b)(i) and (ii).

5. Screens for sidelights

The sidelights of vessels of 20 metres or more in length shall be fitted with inboard screens painted matt black, and meeting the requirements of section 9 of this Annex. On vessels of less than 20 metres in length the sidelights, if necessary to meet the requirements of section 9 of this Annex, shall be fitted with inboard matt black screens. With a combined lantern, using a single vertical filament and a very narrow division between the green and red sections, external screens need not be fitted.

6. Shapes

(a) Shapes shall be black and of the following sizes –

(i) a ball shall have a diameter of not less than 0.6 metre;

(ii) a cone shall have a base diameter of not less than 0.6 metre and a height equal to its diameter;

(iii) a cylinder shall have a diameter of at least 0.6 metre and a height of twice its diameter;

(iv) a diamond shape shall consist of 2 cones as defined in (ii) above having a common base.

(b) The vertical distance between shapes shall be at least 1.5 metres.

(c) In a vessel of less than 20 metres in length shapes of lesser dimensions but commensurate with the size of the vessel may be used and the distance apart may be correspondingly reduced.

7. Colour specification of lights

The chromaticity of all navigation lights shall conform to the following standards, which lie within the boundaries of the area of the diagram specified for each colour by the International Commission on Illumination (CIE).

The boundaries of the area for each colour are given by indicating the corner co-ordinates, which are as follows –

(i) White

x 0.525 0.525 0.452 0.310 0.310 0.443

y 0.382 0.440 0.440 0.348 0.283 0.382

(ii) Green

x 0.028 0.009 0.300 0.203

y 0.385 0.723 0.511 0.356

(iii) Red

x 0.680 0.660 0.735 0.721

y 0.320 0.320 0.265 0.259

(iv) Yellow

x 0.612 0.618 0.575 0.575

y 0.382 0.382 0.425 0.406

8. Intensity of lights

(a) The minimum luminous intensity of lights shall be calculated by using the formula –

I = 3.43x106xTxD2xK-D

Where I is luminous intensity in candelas under service conditions,

T is threshold factor 2 x 10-7 lux,

D is range of visibility (luminous range) of the light in nautical miles,

K is atmospheric transmissivity.

For prescribed lights the value of K shall be 0.8, corresponding to a meteorological visibility of approximately 13 nautical miles.

(b) A selection of figures derived from the formula is given in the following table –

Range of visibility (luminous range) of light in nautical miles

D

Luminous intensity of light in candelas for K = 0.8

I

1 0.9
2 4.3
3 12
4 27
5 52
6 94

Note – The maximum luminous Intensity of navigation lights should be limited to avoid undue glare. This shall not be achieved by a variable control of the luminous intensity.

9. Horizontal sectors

(a) (i) In the forward direction, sidelights as fitted on the vessel shall show the minimum required intensities. The intensities shall decrease to reach practical cutoff between 1 degree and 3 degrees outside the prescribed sectors.

(ii) For sternlights and masthead lights at 22.5 degrees abaft the beam for sidelights, the minimum required intensities shall be maintained over the arc of the horizon up to 5 degrees within the limits of the sectors prescribed in rule 21. From 5 degrees within the prescribed sectors the intensity may decrease by 50 per cent up to the prescribed limits; it shall decrease steadily to reach practical cut-off at not more than 5 degrees outside the prescribed sectors.

(b) (i) All-round lights shall be so located as not to be obscured by masts, topmasts or structures within angular sectors of more than 6 degrees, except anchor lights prescribed in rule 30, which need not be placed at an impractical height above the hull.

(ii) If it is impracticable to comply with paragraph (b)(i) of this section by exhibiting only one all-round light, 2 all-round lights shall be used suitably positioned or screened so that they appear, as far as practicable, as one light at a distance of one mile.

10. Vertical sectors

(a) The vertical sectors of electric lights as fitted, with the exception of lights on sailing vessels underway, shall ensure that –

(i) at least the required minimum intensity is maintained at all angles from 5 degrees above to 5 degrees below the horizontal;

(ii) at least 60 per cent of the required minimum intensity is maintained from 7.5 degrees above to 7.5 degrees below the horizontal.

(b) In the case of sailing vessels underway the vertical sectors of electric lights as fitted shall ensure that –

(i) at least the required minimum intensity is maintained at all angles from 5 degrees above to 5 degrees below the horizontal;

(ii) at least 50 per cent of the required minimum intensity is maintained from 25 degrees above to 25 degrees below the horizontal.

(c) In the case of lights other than electric these specifications shall be met as closely as possible.

11. Intensity of non-electric lights

Non-electric lights shall so far as practicable comply with the minimum intensities, as specified in the table given in section 3 of this Annex.

12. Manoeuvring light

Notwithstanding the provisions of paragraph 2(f) of this Annex the manoeuvring light described in rule 34(b) shall be placed in the same fore and aft vertical plane as the masthead light or lights and, where practicable, at a minimum height of 2 metres vertically above the forward masthead light, provided that it shall be carried not less than 2 metres vertically above or below the after masthead light. On a vessel where only one masthead light is carried the manoeuvring light, if fitted, shall be carried where it can best be seen, not less than 2 metres vertically apart from the masthead light.

13. High-speed craft*

(a) The masthead light of high-speed craft may be placed at a height related to the breadth of the craft lower than that prescribed in paragraph 2(a)(i) of this annex, provided that the base angle of the isosceles triangles formed by the sidelights and masthead light, when seen in end elevation, is not less than 27 degrees.

(b) On high-speed craft of 50 metres or more in length, the vertical separation between foremast and mainmast light of 4.5 metres required by paragraph 2(a)(ii) of this annex may be modified provided that such distance shall not be less than the value determined by the following formula –

y = (a + 17ψc)+ 2

1000

where – y is the height of the mainmast light above the foremast light in metres;

a is the height of the foremast light above the water surface in service condition in metres;

ψ is the trim in service in degrees;

C is the horizontal separation of masthead lights in metres.

[*Refer to the International Code of Safety for High-Speed Craft, 1994 or the International Code of Safety for High-Speed Craft, 2000.]

14. Approval

The construction of lights and shapes and the installation of lights on board the vessel shall be to the satisfaction of the appropriate authority of the State whose flag the vessel is entitled to fly.

ANNEX IIADDITIONAL SIGNALS FOR FISHING VESSELS FISHING

IN CLOSE PROXIMITY

1. General

The lights mentioned herein shall, if exhibited in pursuance of rule 26(d), be placed where they can best be seen. They shall be at least 0.9 metre apart but at a lower level than lights prescribed in rule 26(b)(i) and (c)(i). The lights shall be visible all round the horizon at a distance of at least 1 mile but at a lesser distance than the lights prescribed by these rules for fishing vessels.

2. Signals for trawlers

(a) Vessels of 20 metres or more in length when engaged in trawling, whether
using demersal or pelagic gear, may exhibit –

(i) when shooting their nets –

two white lights in a vertical line;

(ii) when hauling their nets –

one white light over one red light in a vertical line;

(iii) when the net has come fast upon an obstruction –

two red lights in a vertical line.

(b) Each vessel of 20 metres or more in length engaged in pair trawling may exhibit –

(i) by night, a searchlight directed forward and in the direction of the other vessel of the pair;

(ii) when shooting or hauling their nets or when their nets have come fast upon an obstruction, the lights prescribed in 2(a) above.

(c) A vessel of less than 20 metres in length engaged in trawling, whether using demersal or pelagic gear or engaged in pair trawling, may exhibit the lights prescribed in paragraph (a) or (b) of this section, as appropriate.

3. Signals for Purse Seiners

Vessels engaged in fishing with purse seine gear may exhibit 2 yellow lights in a vertical line. These lights shall flash alternately every second and with equal light and occultation duration. These lights may be exhibited only when the vessel is hampered by its fishing gear.

ANNEX III – TECHNICAL DETAILS OF SOUND SIGNAL APPLIANCES

1. Whistles

(a) Frequencies and range of audibility

The fundamental frequency of the signal shall lie within the range 70-700 hertz. The range of audibility of the signal from a whistle shall be determined by those frequencies, which may include the fundamental and/or one or more higher frequencies, which lie within the range 180-700 hertz (± 1 per cent) for a vessel of 20 metres or more in length, or 180-2100 hertz (± 1 per cent) for a vessel of less than 20 metres in length and which provide the sound pressure levels specified in paragraph 1(c) below.

(b) Limits of fundamental frequencies

To ensure a wide variety of whistle characteristics, the fundamental frequency of a whistle shall be between the following limits –

(i) 70-200 hertz, for a vessel 200 metres or more in length;

(ii) 130-350 hertz, for a vessel 75 metres but less than 200 metres in length;

(iii) 250-700 hertz, for a vessel less than 75 metres in length.

(c) Sound signal intensity and range of audibility

A whistle fitted in a vessel shall provide, in the direction of maximum intensity of the whistle and at a distance of 1 metre from it, a sound pressure level in at least one l/3rd-octave band within the range of frequencies 180-700 hertz (±1 per cent) for a vessel of 20 metres or more in length, or 180-2100 hertz (± 1 per cent) for a vessel of less than 20 metres in length, of not less than the appropriate figure given in the table below.

Length of vessel in metres 1/3rd-octave band level at 1 metre in dB referred to 2x10-5N/m2 Audibility range in nautical miles
200 or more 143 2
75 but less than 200 138 1.5
20 but less than 75 130 1
Less than 20 120* 0.5
115' 
111'¡

* When the measured frequencies lie within the range 180-450 Hz

'  When the measured frequencies lie within the range 450-800 Hz

'¡ When the measured frequencies lie within the range 800-2,100 Hz

The range of audibility in the table above is for information and is approximately the range at which a whistle may be heard on its forward axis with 90 per cent probability in conditions of still air on board a vessel having average background noise level at the listening posts (taken to be 68 decibels in the octave band centred on 250 hertz and 63 decibels in the octave band centred on 500 hertz).

In practice the range at which a whistle may be heard is extremely variable and depends critically on weather conditions; the values given can be regarded as typical but under conditions of strong wind or high ambient noise level at the listening post the range may be much reduced.

(d) Directional properties

The sound pressure level of a directional whistle shall be not more than 4 dB below the prescribed sound pressure level on the axis at any direction in the horizontal plane within ±45 degrees of the axis. The sound pressure level at any other direction in the horizontal plane shall be not more than 10 decibels below the prescribed sound pressure level on the axis, so that the range in any direction will be at least half the range on the forward axis. The sound pressure level shall be measured in that l/3rd-octave band which determines the audibility range.

(e) Positioning of whistles

When a directional whistle is to be used as the only whistle on a vessel, it shall be installed with its maximum intensity directed straight ahead.

A whistle shall be placed as high as practicable on a vessel, in order to reduce interception of the emitted sound by obstructions and also to minimize hearing damage risk to personnel. The sound pressure level of the vessel's own signal at listening posts shall not exceed 110 dB (A) and so far as practicable shall not exceed 100 dB (A).

(f) Fitting of more than one whistle

If whistles are fitted at a distance apart of more than 100 metres, it shall be so arranged that they are not sounded simultaneously.

(g) Combined whistle systems

If due to the presence of obstructions the sound field of a single whistle or of one of the whistles referred to in paragraph 1(f) above is likely to have a zone of greatly reduced signal level, it is recommended that a combined whistle system be fitted so as to overcome this reduction. For the purposes of the rules a combined whistle system is to be regarded as a single whistle. The whistles of a combined system shall be located at a distance apart of not more than 100 metres and arranged to be sounded simultaneously. The frequency of any one whistle shall differ from those of the others by at least 10 hertz.

2. Bell or gong

(a) Intensity of signal

A bell or gong, or other device having similar sound characteristics shall produce a sound pressure level of not less than 110 decibels at a distance of 1 metre from it.

(b) Construction

Bells and gongs shall be made of corrosion-resistant material and designed to give a clear tone. The diameter of the mouth of the bell shall be not less than 300 mm for vessels of 20 metres or more in length. Where practicable, a power-driven bell striker is recommended to ensure constant force but manual operation shall be possible. The mass of the striker shall be not less than 3 per cent of the mass of the bell.

3. Approval

The construction of sound signal appliances, their performance and their installation on board the vessel shall be to the satisfaction of the appropriate authority of the State whose flag the vessel is entitled to fly.

ANNEX IV – DISTRESS SIGNALS

1. The following signals, used or exhibited either together or separately, indicate distress and need of assistance –

(a) a gun or other explosive signal fired at intervals of about a minute;

(b) a continuous sounding with any fog-signalling apparatus;

(c) rockets or shells, throwing red stars fired one at a time at short intervals;

(d) a signal made by radiotelegraphy or by any other signalling method consisting of the group ............. (SOS) in the Morse Code;

(e) a signal sent by radiotelephony consisting of the spoken work "Mayday";

(f) the International Code Signal of distress indicated by N.C.;

(g) a signal consisting of a square flag having above or below it a ball or anything resembling a ball;

(h) flames on the vessel (as from a burning tar barrel, oil barrel, etc.);

(i) a rocket parachute flare or a hand flare showing a red light;

(j) a smoke signal giving off orange-coloured smoke;

(k) slowly and repeatedly raising and lowering arms outstretched to each side;

(l) the radiotelegraph alarm signal;

(m) the radiotelephone alarm signal;

(n) signals transmitted by emergency position-indicating radio beacons;

(o) approved signals transmitted by radio communication systems, including survival craft radar transponders.

2. The use or exhibition of any of the foregoing signals except for the purpose of indicating distress and need of assistance and the use of other signals which may be confused with any of the above signals is prohibited.

3. Attention is drawn to the relevant sections of the International Code of Signals, the Merchant Ship Search and Rescue Manual and the following signals –

(a) a piece of orange-coloured canvas with either a black square and circle or other appropriate symbol (for identification from the air);

(b) a dye marker.

_______________

Merchant Shipping (Fees) Regulations 2009

[GN 58 of 2009 – 6 June 2009] [Section 228]

1. These regulations may be cited as the Merchant Shipping (Fees) Regulations 2009.

2. In these regulations –

"Act" means the Merchant Shipping Act;

"owner", in relation to a ship –

(a) means its registered owner; and

(b) includes a bareboat charterer, a managing owner, a managing agent or an operator;

"STCW Convention" means the International Convention on Standards of Training, Certification and Watchkeeping for Seafarers 1978, as amended in 1995;

"tonnes" and "tonnage" means –

(a) gross tonnage;

(b) in the case of a ship having alternative gross tonnage, the larger of those tonnages.

3. The owner shall pay to Government in respect of the matters set out in the second column of the Schedule the corresponding fee specified in the third column of the Schedule.

4. The fees specified in the Schedule –

(a) may be paid in US dollars; or

(b) if they are to be paid in Mauritian rupees, shall be converted into Mauritian rupees at the exchange rate applicable for the levying of ad valorem duty under the Customs Tariff Act.

5. Where a ship is first registered after 31 January in any year, the annual fee payable shall be calculated, for every month or part of a month, at the rate of one-twelfth of the annual fee specified in Part I of the Schedule.

6. Where a person fails to pay the fee specified the Schedule, the Ministry may –

(a) close the registry of the ship, in case of ships registration fees; or

(b) suspend or refuse further services to that person.

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SCHEDULE

[Regulation 3]

PART I – REGISTRY OF SHIPS

 

Fee
(USD)

 

1. Yachts

   

(1) Initial registration

500.00  

(2) Annual fee

300.00  

2. Fishing vessel

   

(1) Initial registration –

   

(a) up to 1,500 GT

300.00  

(b) for every GT in excess of 1,500 GT

0.20  

(2) Annual fee

   

(a) up to 1,500 GT

300.00  

(b) for every GT in excess of 1,500 GT

0.20  

3. Other vessels

   

(1) Initial registration for every –

   

(a) GT up to 20,000 GT

0.25 subject to minimum of 300.00

(b) GT in excess of 20,000 GT

0.15  

(2) Annual fee (tonnage tax) –

   

(a) for every GT up to 20,000 GT

0.20 subject to minimum of 300.00

(b) for every GT in excess of 20,000 GT

0.15  

(c) marine investigation and international participation

700.00
+ 0.02 per GT

 

(d) marine inspection

500.00  

4. Other fees

   
 

Fishing vessels
USD

Other vessels
USD

(1) Issue of provisional certificate of registration

100 200

(2) Issue of permanent certificate of registration

100 200

(3) Change of name

100 200

(4) Mortgage recording

200 400

(5) Assignment fee

100 200

(6) Issue of transcript of register

25 50

(7) Issue of an extension to a provisional certificate of registry

100 200

5. Issue of minimum safe manning certificate

 

100

6.

Issue of continuous synopsis record 100

PART II – CREW MATTERS

1. Seafarer's discharge book Rs 100 per copy
2. Continuation of seafarer's discharge book Rs 50 per copy
3. Replacement of seafarer's discharge book in case of loss or damage other than loss or damage due to wreck or fire of vessel Rs 500 per copy
4. Official log book Rs 300 per copy
5. Endorsement of sea service record Rs 300 per copy
6. Search fee for crew agreement or official log book Rs 100 per copy
7. Photostat copy of crew agreement or official log book Rs 300 per copy
8. Endorsement attesting the recognition of a foreign certificate USD 100 per copy
9. Dispensation for crew Rs 1,500 per copy

PART III – APPLICATION, EXAMINATION AND CERTIFICATION

1. Fishing vessels skipper's and first engineer's examination Rs 1,000
2. Fishing vessels second hand's and second engineer's examination Rs 800
3. EDH and able bodied seamen's oral examination Rs 500
4. Engine room hand oral examination Rs 500
5. STCW oral examination Rs 500
6. Oral test for skippers, second hands, first engineers, second engineers of fishing vessels for the grant of an equivalence licence Rs 500
7. Renewal of certificate of competency USD 50
8. Replacement of a lost or destroyed certificate of competency other than loss or damage due to wreck or fire of vessel USD 30
9. Approval of cadet training as per STCW Convention requirement USD 50

PART IV – SURVEYS AND INSPECTIONS

1. "Hull and Machinery" Survey of Fishing Vessel

  Tonnage (tonnes) Fee
(Rs)
Up to 199   6,000
From – Not exceeding –  

(a) 200

(a) 299

8,000

(b) 300

(b) 400

10,000
Exceeding 400   12,000

2. "Safety equipment"survey of fishing vessel

  Tonnage (tonnes) Fee
(Rs)
Up to 199   6,000
From – Not exceeding –  

(a) 200

(a) 299

8,000

(b) 300

(b) 400

10,000
Exceeding 400   12,000

3. Drydock or slipway survey for the purpose of inspecting the –

(a) underwater hull, its attachment and clearances;

(b) propeller and rudder;

(c) chain locker;

(d) sea valves;

(e) tanks;

(f) watertight integrity of watertight compartments –

  Tonnage (tonnes) Fee
(Rs)
Up to 199   1,500
From – Not exceeding –  
(a) 200 (a) 299 3,000
(b) 300 (b) 399 5,000
(c) 400 (c) 499 8,000
(d) 500 (d) 1,000 10,000
Exceeding 1,000   20,000
4. Survey during rebuilding Rs 4,000
5. Survey on replacement of engine Rs 4,000
6. Issue of an acceptance letter authorising a fishing vessel to carry supernumeraries to the outer island or back to Mauritius Rs 2,000
7. Partial/miscellaneous surveys, including damage surveys and for supervision of construction or repair of vessels belonging to statutory bodies and other government ministries Rs 2,000
8. Damage surveys and reports of vessels, barges and pleasure crafts belonging to private individuals and/or companies Rs 5,000
9. Surveys of vessels not registered under the Act Rs 4,000
10. Survey or inspection conducted abroad, in addition to the appropriate fee prescribed for the survey or inspection –  
  (a) first 24 hours or part thereof during which the surveyor is absent from Mauritius on account of such survey or inspection

Rs 1,000

  (b) every subsequent hour or part thereof after the first 24 hours, subject to a maximum charge of 1,000 rupees for every period of 24 hours

Rs 250

  (c) travelling, taxation, fee for a visa if required and any expenses incurred arising from the survey abroad; and

Actual cost

  (d) board, lodging, insurance coverage and reasonable subsistence for the surveyor sum to be determined by the Director of Shipping in accordance with Government instructions manual
11. Survey or inspection of hull and machinery and safety equipment, including survey or inspection in dry dock or slip way, in addition to the appropriate fee prescribed for the survey or inspection –  
  For every re-inspection after the first inspection following the issue of a deficiency list to ensure that a deficiency has been rectified to the satisfaction of the surveyor Rs 500 per visit
12. Pre-registration survey for fishing vessels Rs 1,000
13. Certifying the marking of a vessel (carving and marking note)  
14. Processing submission and/or inspection for approval of a life raft servicing station Rs 10,000
15. Release of a detained vessel after rectification of deficiencies pursuant to a port state control inspection USD 500
16. Survey of pleasure craft Rs 2,000
17. For every port state control re-inspection to ensure that a deficiency has been rectified to the satisfaction of the surveyor USD 20 per hour
18. Survey of fishing vessel requested by foreign maritime administration USD 1,000 per survey
19. Survey of convention size vessel requested by foreign maritime administration USD 1,500 per survey
20. Survey of tug boat Rs 15,000
21. Survey of work boat Rs 10,000
22. Approval of manual required by an international Convention USD 200
23. Survey under MARPOL Convention USD 500
24. Approval of plan required under an international Convention USD 200

[Sch. amended by reg. 3 of GN 1 of 2011 w.e.f. 10 January 2011.]

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Merchant Shipping (Load Line) Regulations 1993

[GN 77 of 1993 – 8 May 1993] [Section 114]

1. These regulations may be cited as the Merchant Shipping (Load Line) Regulations 1993.

2. In these regulations –

"Administration" means the Office of the Director of Shipping;

"Convention Country" means a State the Government of which is a party to the Load Line Convention;

"existing ship" means a ship which is not a new ship;

"fishing vessel" means a ship used for catching fish and other non-restricted living resources of the sea;

"international voyage" means a voyage from a port in one State to a port in another State;

"Load Line Convention" means the International Convention on Load Line 1966;

"Load Line Convention ship" means an International Load Line ship belonging to a Convention Country;

"Load Line Regulation", other than the present regulations, means the Load Line Regulations of any Convention Country or other country as appropriate;

"load line ship" means –

(a) an International Load Line ship, that is to say, an existing ship of not less than 150 gross register tons or a new ship of 24 metres or more in length which carries cargo or passengers on international voyages; and

(b) a Local Load Line ship, that is to say, a ship, other than an International Load Line Ship, which carries cargo or passengers;

"new ship" means a ship whose keel is laid or which is at a similar stage of construction on or after –

(a) in the case of a ship registered in or flying the flag of a State other than Mauritius which is a Convention State, the date from which it is declared that the Government of that State has ratified or acceded to the Load Line Convention, or that it is a State to which that Convention applies;

(b) in the case of any other ship, 15 January 1991.

3. These regulations shall not apply to –

(a) warships;

(b) fishing vessels;

(c) pleasure vessels not engaged in trade.

4. The Minister may from time to time publish a list of States that have ratified, acceded to or denounced the Load Line Convention.

5. The Minister may prescribe Load Line requirements and provide for the issue of Local Load Line Certificates in respect of shins which the Load Line Convention does not apply.

6. An International Load Line Certificate may be issued to every ship which has been surveyed and marked in accordance with the Load Line Convention.

7. An International Load Line Exemption Certificate may be issued to any ship to which an exemption has been granted in accordance with the Load Line Convention.

8. (1) The Minister may request the Government of a Convention Country to issue an International Load Line Certificate in respect of a Mauritius ship, and a certificate so issued and containing a statement that it was so issued shall be recognised as valid in Mauritius.

(2) Where a valid Load Line Certificate issued in pursuance of paragraph (1) is produced in respect of a ship, that ship shall be deemed to have been surveyed under the Load Line Regulations and, if the deck line and load lines correspond with the marks specified in the certificate, the ship shall be deemed to be marked as required.

9. (1) The Minister may, at the request of the Government of a Convention Country, issue an International Load Line Certificate in respect of a ship of that State if he is satisfied that, as in the case of a Mauritius ship, he can properly issue the certificate.

(2) Where a certificate is issued at such a request, it shall contain a statement to the effect that it has been so issued.

10. (1) Subject to regulation 11, on the application of the owner of a Mauritius ship which is either an existing ship of not less than 150 gross register tons or a new ship of not less than 24 metres in length, the Director may exempt the ship from compliance with these regulations if in his opinion the ship embodies features of a novel kind such that, if the ship had to comply with all the requirements of these regulations, the development of those features and their incorporation in the ship might be seriously impaired.

(2) Subject to regulation 11, on the application of the owner of a Mauritius ship which is either –

(a) an existing ship of less than 150 gross register tons or a new ship of not less, than 24 metres in length; or

(b) a ship, not falling within paragraph (a), which does not ply on international voyages,

the Director, may exempt the ship from complying with these regulations.

11. (1) Any exemption under regulation 10 may be granted subject to such conditions as the Director thinks fit, and where any such exemption is granted subject to conditions, the exemption shall not have effect unless those conditions are complied with.

(2) Any reference to exempting a ship shall be considered as a reference to exempting the ship either –

(a) from all the provisions of these regulations; or

(b) from such of those provisions as are specified in the instrument granting the exemption.

12. Where the Director exempts a ship, he shall issue such appropriate certificate to the owner of the ship as he may determine.

13. Where a valid load line certificate issued under these regulations is produced in respect of the ship to which the certificate relates –

(a) the ship shall be deemed to have been surveyed; and

(b) where lines are marked on the ship indicating the deck line and the various load lines as required by any Load Line Regulations, and the positions of those lines so marked correspond to the positions of the deck line and load lines as specified in the certificate, the ship shall be deemed to be marked as required by those regulations.

14. (1) Every Load Line Certificate issued by or under the authority of the Director shall, unless it is renewed in accordance with paragraph (2), expire at the end of such period as may be specified therein but not exceeding 5 years from the date of its issue.

(2) Any such Load Line Certificate may, after a survey that is not less effective than the survey required by any Load Line Regulations, be renewed from time to time by the Director or by any person authorised by him to issue a Load Line Certificate for such period not exceeding 5 years on any occasion as the Director or other authorised person renewing the certificate thinks fit.

(3) The owner of every ship, in respect of which any such certificate remains in force, shall cause the ship to be surveyed in the prescribed manner at least once in every period of 12 months after the issue of the certificate for the purpose of ascertaining whether the certificate should remain in force, having regard to paragraph(2), and if the ship is not so surveyed, the Minister shall cancel the certificate, but may, if he thinks fit, extend the said period by a maximum of 3 months.

15. (1) Subject to any exemption granted by or under these regulations, no Mauritius ship being an International Load Line ship shall proceed to sea on an international voyage unless there is in force in respect of such ship an International Load Line Certificate.

(2) No Mauritius ship, being a Local Load Line ship, shall proceed to sea unless there is in force in respect of such ship a Local Load Line Certificate.

(3) The master of every Mauritius Load Line ship sha

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