invitation to comment: rule amendments to give effect to … invitation to comment following public...

Rule Amendments to give effect to the International Convention on

Standards of Training, Certification and Watchkeeping for Fishing Vessel

Personnel, 1995

Invitation to Comment OCTOBER 2016

1

Contents

Invitation to Comment ......................................................................................................................... 2 What are the benefits that would arise from the draft amendments, if they are adopted? .............. 2 Who would be affected by the draft amendments, if they are adopted? ........................................ 2 Summary of proposed amendments ............................................................................................ 3

Part 31: Crewing and Watchkeeping ..................................................................................... 3 Part 32: Seafarer Certification .............................................................................................. 3 Part 34: Medical Standards .................................................................................................. 4

Making submissions .................................................................................................................... 4 Submissions are public information .............................................................................................. 4 Appendix ..................................................................................................................................... 5

2

Invitation to Comment

Following public consultation in April 2015, the Government decided to accede to the International Maritime Organization’s International Convention on Standards of Training, Certification and Watchkeeping for Fishing Vessel Personnel, 1995 (known as STCW-F).

The relevant Maritime Rules were largely aligned with STCW-F in 2014. However, some further Rules changes are needed to give full effect to the STCW-F requirements, before the Government’s decision to accede can be given effect. To this end, Maritime New Zealand invites you to comment on proposed amendments to Maritime Rules Part 31: Crewing and Watchkeeping, Part 32: Seafarer Certification, and Part 34: Medical Standards. The proposed wording for the amendments is attached in the Appendix.

This invitation is issued to fulfil consultation requirements under the Maritime Transport Act 1994. The consultation period will run from 10 October to 7 November 2016. New Zealand aims to accede to STCW-F in mid-2017.

It is stressed that this consultation is not intended to seek views on the underlying policy on New Zealand becoming party to STCW-F. This is a settled matter arising from the International Treaty Examination reported by the Transport and Industrial Relations Committee on 6 May 2016.

This consultation is restricted to seeking views on development of rules which reflect and implement STCW-F.

What are the benefits that would arise from the draft amendments, if they are adopted? The draft amendments will ensure New Zealand law fully reflects STCW-F requirements. This will enable New Zealand to accede to STCW-F, and realise the associated benefits. These include:

Enabling New Zealanders with STCW-F-aligned SeaCert certificates to have their certificates recognised by any states that have also acceded to STCW-F;

Enhancing New Zealand’s ability to carry out port state control inspections of foreign-flagged fishing vessels that pass through New Zealand ports, to ensure they meet STCW-F requirements;

Reducing the likelihood of accidents involving such vessels within New Zealand’s search and rescue region; and

Enabling New Zealand to easily recognise foreign certificates issued by a state that is party to STCW-F.

Who would be affected by the draft amendments, if they are adopted?

STCW-F will apply to New Zealand seafarers serving on fishing vessels operating outside the 12-mile inshore fishing limit which are 24 metres and over in length or with engines of 750 kilowatt propulsion power or more. It will also apply to foreign seafarers serving on fishing vessels of 24 metres and over in length or with engines of 750 kilowatt propulsion power or more which operate within New Zealand’s 200 nautical mile Exclusive Economic Zone or visit or operate out of New Zealand ports.

3

Summary of proposed amendments The proposed changes to the various Maritime Rules are summarised below.

Part 31: Crewing and Watchkeeping

Minor drafting corrections

The proposed amendments to the Rules Part 31 objective reflect that the Part sets out STCW-F requirements relating to watchkeeping and training. The Part 31 definition of STCW-F is also proposed to be amended to remove the words ‘as amended’. This will make the definition consistent with the Part 32 definition.

Foreign fishing ships

Article 8 of STCW-F prohibits a vessel registered in a state that is not a party to STCW-F from receiving more favourable treatment than a vessel registered to a state that is party to STCW-F. For New Zealand to apply this Article, a Rule is proposed which will enable Maritime New Zealand to verify training, certification and watchkeeping standards on all foreign fishing vessels of 24 metres and over in length or with engines of 750 kilowatt propulsion power or more entering New Zealand ports. The Rule will apply to fishing vessels that are transiting through New Zealand, but are not fishing within the Exclusive Economic Zone. Those vessels that fish within the Exclusive Economic Zone are required to reflag to New Zealand, and therefore are already fully subject to New Zealand law, so this Rule would not apply to them.

Part 32: Seafarer Certification

MEC5 Motor and Steam ancillary requirements

In 2014, Rules Part 32 was amended to introduce a requirement whereby, in order for the Director to issue a MEC (Marine Engineer Class) 5 or MEC5 Steam certificate, a person must satisfy the Director that they are able to demonstrate an ancillary proficiency in STCW or STCW-F Basic Training.

When this change was made, there was intent to also include this requirement for the MEC5 Motor and Steam certificate. However, the requirement was omitted due to an administrative error. To correct this, it is proposed that a requirement to demonstrate an ancillary proficiency in STCW or STCW-F Basic Training, to attain a MEC5 Motor and Steam certificate, be added. Correcting this error will make it clear that the requirements that must be met to be issued a MEC5 Motor and Steam certificate are aligned with STCW-F.

Addition of minimum age requirement for MEC4 and MEC5 certification

To be issued a certificate as a Chief Engineer Officer or Second Engineer Officer, STCW-F requires persons to be at least 18 years of age. The pre-2014 Rules requirement to be issued a MEC4 or MEC5 certificate included a minimum age. However, when Rules Part 32 was amended in 2014, the age requirement to be issued a MEC4 or MEC5 certificate was omitted in error. To rectify this, an amendment is proposed whereby a MEC4 or MEC5 certificate will only be issued if the Director is satisfied that the person being issued the certificate is at least 18 years of age.

It is proposed the Rule change does not come into force until five years after the date on which New Zealand accedes to STCW-F. This will ensure that any person who is currently aiming to meet the requirements for the issuance of a MEC4 or MEC5 certificate, before they turn 18, will not be unfairly affected.

Increase to the sea service renewal requirement for MEC4, MEC5, or MEC5 - motor and steam certification

To continue to qualify for sea service, STCW-F requires Chief Engineer Officers and Second Engineer Officers to demonstrate, at five-yearly intervals, the completion of at least 12 months of sea service during the preceding five years. The minimum duration of sea service required by Rules Part 32, to renew a MEC4, MEC5, or MEC5 - motor and steam certificate, does not align with the STCW-F requirement. This is because Rules Part 32 allows persons to renew a MEC4, MEC5, or

4

MEC5 - motor and steam certificate by completing approved sea service of only six months during the preceding five years, or 45 days during the preceding three months. To align with the STCW-F requirement, Rules Part 32 is proposed to be amended to increase the minimum sea service required to renew a MEC4, MEC5, or MEC5 - motor and steam certificate to 12 months during the preceding five years.

A certificate holder who is unable to meet the new requirements, but who is able to meet the current requirements, will have a condition placed on their certificate which excludes them from exercising the privileges to which STCW-F apply.

It is proposed the Rule amendment does not come into force until five years after the date on which New Zealand accedes to STCW-F. This will give persons who are affected by this change sufficient time to ensure they complete the required sea service to maintain the currency of their certificate. After that five year period, if a person wishes to renew a MEC4, MEC5, or MEC5 - motor and steam certificate, but does not meet the increased sea service requirement, they may apply to the Director for recognition of employment in a relevant shore-based role, or the performance of functions, which may be deemed equivalent to the required sea service.

Letter of permission authorising temporary service on application for recognition of equivalence to STCW-F certificate

A Rule is proposed which will enable the Director to issue a letter of permission to allow a foreign STCW-F certificate holder to work for up to three months on a New Zealand fishing vessel while Maritime New Zealand processes that person’s application for their certificate to be recognised.

Minor amendments to reflect New Zealand’s accession to STCW-F and drafting corrections

Minor wording changes to Rules Part 32 are required to reflect New Zealand’s accession to STCW-F. This includes making amendments to the Part objective.

Part 34: Medical Standards

Minor amendments to reflect New Zealand’s accession to STCW-F

Minor wording amendments to Rules Part 34 are required to reflect New Zealand’s accession to STCW-F. This includes amendments to the Part objective.

Making submissions

The deadline for making comments on the STCW-F Amendments 2016 is 7 November 2016 (i.e. your comments must be received by that date). You may make comments by:

e-mail to [email protected]

ordinary post to PO Box 25620, Wellington 6146

fax to (04) 494 8901

delivery to Maritime New Zealand, level 11, 1 Grey Street, Wellington.

Submissions are public information

Please indicate clearly if your comments are commercially sensitive, or if, for some other reason, you consider they should not be disclosed. If your submission is subject to an Official Information Act (OIA) request, MNZ will consider your confidentiality request in accordance with the grounds for withholding information set out in the OIA. In addition, if you are an individual please indicate if you consider for some reason that your identity should not be disclosed.

We will acknowledge all submissions that we receive and once the Rule is finalised you will receive a summary of the full consultation.

Subject to the provisions of the Privacy Act and the OIA, you may view the submissions made by other people at the Wellington office of Maritime New Zealand between 8.30 am and 4.30 pm on weekdays (except statutory holidays). Please arrange this beforehand by calling 0508 22 55 22 and asking for the Manager, Domestic and International Policy.

mailto:[email protected]

5

Appendix

Proposed Maritime Rule amendments to give effect to the

International Convention on Standards of Training, Certification and

Watchkeeping for Fishing Vessel Personnel, 1995

6

Appendix contents _

1 Amendments to Part 31: Crewing and Watchkeeping.............................................................. 7

Part 31 Part objective .............................................................................................................. 7

31.1 Application ..................................................................................................................... 7

31.2 Definitions ...................................................................................................................... 7

31.64 Other minimum crewing requirements for fishing vessels ............................................. 8

31.80 Application .................................................................................................................. 8

31.87 New rule ..................................................................................................................... 8

2 Amendments to Part 32: Seafarer Certification ....................................................................... 9

Part 32 Part objective .............................................................................................................. 9

32.2 Definitions ...................................................................................................................... 9

32.3 Alphabetical table of abbreviations and further details relating to certificates.................. 10

32.20 Renewal of certificates .............................................................................................. 10

32.21 Minimum duration of sea service for the purposes of renewal of certificates................ 11

32.26 Letter of permission authorising temporary service on application for recognition of

equivalence to STCW Certificates ............................................................................................ 11

Subpart B Heading ............................................................................................................ 11

32.50 Marine engineer class 5 ............................................................................................ 12

32.51 Privileges of Marine engineer class 5 ........................................................................ 12

32.54 Marine engineer class 5 motor and steam ................................................................. 12

32.55 Privileges of Marine engineer class 5 motor and steam ............................................. 12

32.56 Marine engineer class 4 ............................................................................................ 12

32.57 Privileges of Marine engineer class 4 ........................................................................ 12

32.115 Privileges of GMDSS radio operator .......................................................................... 13

32.117 Privileges of Radio officer .......................................................................................... 13

Subpart D Heading ............................................................................................................ 13

32.170 Schedule of ancillary proficiencies ............................................................................. 13

32.175 Training in reduction of sea service ........................................................................... 14

3 Amendments to Part 34 Medical Standards .......................................................................... 15

Part 34 Part objective ............................................................................................................ 15

34.2 Definitions .................................................................................................................... 15

34.3 Approval of medical practitioners .................................................................................. 16

34.20 Application ................................................................................................................ 16

34.23 Examination of seafarers for certificate of medical fitness .......................................... 16

34.26 Examination of seafarers for certificate of medical fitness .......................................... 16

Part 34 Appendix 1: General eyesight and colour vision standards for seafarers .................... 18

7

1 Amendments to Part 31: Crewing and Watchkeeping

Amend Part 31 as follows:

Part 31 Part objective

1.1 Amend the Part objective by inserting the following at the end of the first paragraph:

The objective of this Part is to provide for requirements relating to the minimum crew numbers and crew certificates and qualifications for New Zealand and foreign passenger and non-passenger commercial ships and fishing vessels, subject to some exceptions. It also provides for a process for the issue of Minimum Safe Crewing Documents. This Part also sets out requirements relating to fitness for duty, prescribed hours of rest, and watchkeeping that apply in relation to some ships in accordance with the International Convention on Standards of Training, Certification and Watchkeeping for Seafarers (STCW) and, so far as they apply in relation to the International Convention on Standards of Training, Certification and Watchkeeping for Fishing Vessel Personnel, 1995 (STCW-F).

31.1 Application

1.2 Amend rule 31.1(1) by inserting new subrule (d) as follows:

(c) ships to which rule 31.57 (which relates to foreign ships) applies, to the extent specified in that rule. ; and

(d) ships to which rule 31.87 (which relates to foreign fishing ships) applies, to the extent specified in that rule.

31.2 Definitions

1.3 Amend rule 31.2 as follows:

1.3.1 arrange all definitions in alphabetical order:

1.3.2 insert—

fishing ship has the same meaning as in section 2 of the Act:

1.3.3 insert—

foreign fishing ship means a ship that is—

Key: Insert new rule green and underlined

Delete old rule red and strike-through

8

(a) not a New Zealand ship; and

(b) a fishing ship:

1.3.4 delete the last two words from the definition of STCW-F as follows:

STCW-F means the International Convention on Standards of Training, Certification and Watchkeeping for Fishing Vessel Personnel, 1995, as amended:

31.64 Other minimum crewing requirements for fishing vessels

1.4 Amend the note in the flow diagram for Second Engineer below Table 7 of rule 31.64 as follows:

*MEC 6 if certificate of competency is endorsed to act as second engineer on fishing ships of up to 3000kW in the unlimited area (refer rule 32.211)

31.80 Application

1.5 Amend rule 31.80 by inserting new subrule (3) as follows:

(3) Subpart D also applies to ships to which rule 31.87 (which relates to foreign fishing ships) applies, to the extent specified in that rule.

31.87 New rule

1.6 Insert new rule 31.87 as follows:

31.87 Foreign fishing ships

(1) This rule 31.87 applies to any foreign fishing ship within New Zealand waters and any owner or master of the ship.

(2) The owner and the master of a foreign fishing ship that is registered in a State that is a party to STCW-F must ensure—

(a) compliance with the requirements of STCW-F; and

(b) that all applicable persons on board that ship comply with the requirements to be certificated in accordance with STCW-F; and

(c) that there is carried on board the ship, accompanied by an English-language translation where it is not in English, in respect of that ship, a copy of the current certificates issued in respect of its crew in accordance with STCW-F.

(3) The owner and the master of a foreign fishing ship to which subrule (2) applies must ensure that a copy of each document required under subrule (2) is produced when requested by the Director.

(4) The owner and the master of a foreign fishing ship to which subrule (2) does not apply, or which is otherwise unable to provide the Director with a copy of the documents referred to in subrule (2), must demonstrate to the satisfaction of the Director compliance with the provisions of the Annex to STCW-F.

9

2 Amendments to Part 32: Seafarer Certification



2.1 Amend the Part objective as follows:

2.1.1 by amending the first paragraph as follows:

Part 32 sets out the requirements for seafarer certificates. It provides for national certificates, as well as certificates that correspond to those provided for in the International Convention on Standards of Training, Certification and Watchkeeping for Seafarers, 1978, as amended (STCW) and the International Convention on Standards of Training, Certification and Watchkeeping for Fishing Vessel Personnel, 1995 (STCW-F).

2.1.2 deleting the second paragraph as follows:

At the time this Part is made, New Zealand has not ratified the International Convention on Standards of Training, Certification and Watchkeeping for Fishing vessel Personnel, 1995 (STCW-F). The STCW-F Certificates provided for in this Part are therefore national certificates but are separately described and provided for with reference to STCW-F as a suitable international standard.

32.2 Definitions





Note: the following proposed rule changes are not proposed to be effective until 5 years after the rules are made:

rule 32.20, amendment 2.5

rule 32.21, amendment 2.6.1 and 2.6.2







10

2.2.2 amend definition of STCW-F certificate as follows:

STCW-F certificate means a an STCW-F deck certificate or an STCW-F-aligned national certificate that is provided for in subpart D of this Part:

2.2.3 insert—

STCW-F deck certificate means a certificate that is provided for in subpart D of this Part:

2.2.4 insert—

STCW-F-aligned, in relation to a national certificate, means—

(a) a MEC 5 with the associated privilege described in rule 32.51(1)(e); or

(b) a MEC 5 motor and steam with the associated privilege, through rule 32.55(a), described in rule 32.51(1)(e); or

(c) a MEC 4 with the associated privilege described in rule 32.57(1)(c):

32.3 Alphabetical table of abbreviations and further details relating to certificates

2.3 Amend Table 1 below rule 32.3 by inserting “(may be STCW-F-aligned)” after the word “National” in the “category” column of the rows alongside MEC 4, MEC 5, and MEC 5 motor and steam as follows:

MEC 4 Marine engineer class 4

CoC Officer 32.56 32.57 National (may be STCW-F-aligned)

MEC 5 Marine engineer class 5


MEC 5 motor and steam

Marine engineer class 5 – motor and steam


32.20 Renewal of certificates

2.4 Amend rule 32.20 by inserting new subrule (4), to take effect 5 years after the rule amendment comes into force, and subrules (5) and (6) as follows:

(4) Where an applicant renews a national certificate that was issued in accordance with rule 32.50, 32.54, or 32.56, and the requirements in rule 32.21(3) are not met, the Director may place an endorsement on the renewed certificate to the effect that the certificate is a national certificate but is not STCW-F-aligned.

(5) Where an applicant renews a MEC 5 or MEC 5 – motor and steam that was issued in accordance with rule 32.50 or 32.54 and the privileges of that certificate do not include the privilege in rule 32.51(1)(e), the Director may place an endorsement on the renewed

11

certificate to the effect that the certificate does not authorise the holder to act as a second engineer of a fishing ship of any propulsion power in any operating area.

(6) Where an applicant renews a MEC 4 that was issued in accordance with rule 32.56, and the privileges of that certificate do not include the privilege in rule 32.57(1)(c), the Director may place an endorsement on the renewed certificate to the effect that the certificate does not authorise the holder to act as a chief engineer of a fishing ship of under 3000 kilowatts in the unlimited area.

32.21 Minimum duration of sea service for the purposes of renewal of certificates


2.5.1 amend subrule (1), to take effect 5 years after the rule amendment comes into force, as follows:

(1) An applicant to renew a national certificate, that is not STCW-F-aligned, issued under subpart B (national certificates) or an equivalent that the Director has recognised under section 41 of the Act must have completed—

2.5.2 amend subrule (3), to take effect 5 years after the rule amendment comes into force, as follows:

(3) An applicant to renew a certificate of competency issued under subpart D (national to be an STCW-F aligned deck certificates) or an STCW-F-aligned national certificate, or an equivalent that the Director has recognised under section 41 of the Act, must have completed the approved sea service or an equivalent that is no less than—

32.26 Letter of permission authorising temporary service on application for recognition of equivalence to STCW Certificates

2.6 Amend rule 32.26 by inserting new subrule (1)(A) after subrule (1) as follows:

(1A) The Director may issue a letter of permission verifying that the Director permits a person to serve on board a ship in the same capacity as a person holding an STCW-F certificate issued under this Part (with or without prescribed endorsements) for a period not exceeding 3 months on a ship entitled to fly the New Zealand flag in accordance with paragraph 3 of Regulation I/7 of STCW-F if—

(a) the person has made an application under section 35 of the Act to have a foreign certificate recognised as an equivalent to the STCW-F certificate; and

(b) the Director is satisfied that, on the information available at the time the application is made, the person holds an appropriate and valid certificate issued and endorsed as required by another Party to STCW-F.

Subpart B Heading

2.7 Amend the heading of subpart B as follows:

Subpart B – National cCertificates of proficiency and competency and national prescribed endorsements, including STCW-F-aligned national certificates

12

32.50 Marine engineer class 5

2.8 Amend Table 7 below rule 32.50 by inserting new row 1A above row 1, to take effect 5 years after the rule amendment comes into force, as follows:

1A Age is at least 18 years of age.

32.51 Privileges of Marine engineer class 5

2.9 Amend rule 32.51, to take effect 5 years after the rule amendment comes into force, as follows:

2.9.1 insert the number “(1)” next to the first sentence to be subrule (1) as follows:

(1) The privileges of a certificate of competency as Marine engineer class 5 are to perform functions and duties on a motor ship as—

2.9.2 after the end of subrule (1)(f), insert new subrule (2) as follows:

(2) The privilege in subrule (1)(e) ceases upon renewal or expiry, whichever occurs first, of the Marine engineer class 5 certificate of competency and the holder may no longer exercise that privilege, unless the certificate is renewed in accordance with rule 32.21(3).

32.54 Marine engineer class 5 motor and steam

2.10 Amend Table 9 below rule 32.54 by inserting new row 6 below row 5, to take effect 5 years after the rule amendment comes into force, as follows:

6 Ancillaries and GMDSS demonstrates an ancillary proficiency in STCW or STCW-F Basic training in accordance with rule 32.16.

32.55 Privileges of Marine engineer class 5 motor and steam

2.11 Amend rule 32.55, to take effect 5 years after the rule amendment comes into force, by inserting at the end of subrule (a) the words “, subject to rule 32.51(2)” as follows:

(a) the privileges of MEC 5 motor, subject to rule 32.51(2); and

32.56 Marine engineer class 4

2.12 Amend Table 10 below rule 32.56 by inserting new row 1A above row 1, to take effect 5 years after the rule amendment comes into force, as follows:

1A Age is at least 18 years of age.

32.57 Privileges of Marine engineer class 4

2.13 Amend rule 32.57, to take effect 5 years after the rule amendment comes into force, as follows:

13


(1) The privileges of a certificate of competency as Marine engineer class 4 are to perform functions and duties on a motor ship as—

2.13.2 after the end of subrule (1)(c), insert new subrule (2) as follows:

(2) The privilege in subrule (1)(c) ceases upon renewal or expiry, whichever occurs first, of the Marine engineer class 4 certificate of competency and the holder may no longer exercise that privilege, unless the certificate is renewed in accordance with rule 32.21(3).

32.115 Privileges of GMDSS radio operator



(1) The privileges of a certificate of competency as a GMDSS radio operator are to perform, as a navigational watchkeeper, at operational level, the functions and duties of a radio operator on a ship required to participate in the GMDSS to which Subpart B of Part 31 applies.

2.14.2 after the end of subrule (1), insert new subrule (2) as follows:

(2) A certificate of competency as a GMDSS radio operator is deemed to meet the requirements for certification under regulation II/6 of STCW-F.

32.117 Privileges of Radio officer



(1) The privileges of a certificate of competency as a radio officer are to perform, at operational level, the functions and duties of a radio officer on a ship required to participate in the GMDSS to which Subpart B of Part 31 applies.

2.15.2 after the end of subrule (1), insert new subrule (2) as follows:

(2) A certificate of competency as a radio officer is deemed to meet the requirements for certification under regulation II/6 of STCW-F.

Subpart D Heading

2.16 Amend the heading of subpart D as follows:

Subpart D – National (STCW-F aligned) STCW-F deck certificates of competency and proficiency

32.170 Schedule of ancillary proficiencies


14

2.17.1 amend subrule (b) as follows:

(b) the status of each ancillary proficiency (whether related to a national standard, an STCW standard, or a an STCW-F national standard aligned to STCW-F); and

2.17.2 amend the last subrule to become subrule (e) as follows:

(d)(e) in column 6, the type of evidence that may be submitted to the Director to show that a person continues to meet the competency and training standard for the ancillary proficiency (where required).

32.175 Training in reduction of sea service

2.18 Amend subrule 32.175(c)(ii) as follows:

(c) acceptance of the training—

(i) will not pose a risk or danger to the safety of any person, to property, or to the marine environment; and

(ii) in relation to any certificate or endorsement that is an STCW or STCW-F national STCW-F aligned certificate, is consistent with STCW or STCW-F, as applicable.

15

3 Amendments to Part 34 Medical Standards



3.1 Amend the first sentence of the second paragraph of the Part objective by deleting the word “aligned”, as follows:

Subpart B of Part 34 applies to seafarers who seek a medical certificate for the purposes of holding or applying for the issue or renewal of national, STCW, or STCW-F aligned certificates issued under Part 32.

34.2 Definitions



3.2.2 amend the definition of “national engineering certificate” as follows:

national engineering certificate means the following certificates as described in rule 32.03 of Part 32: MEC 6, MEC 5, MEC 4, including those that are STCW-F-aligned national certificates:

3.2.3 replace the definition of “STCW certificate” as follows:

STCW certificate means a certificate issued under subpart C of Part 32 the Maritime Rules:

STCW certificate means a certificate that is provided for in subpart C of Part 32

3.2.4 replace the definition of “STCW or STCW-F deck certificate” with new definitions of “STCW deck certificate” and “STCW-F deck certificate” as follows:

STCW or STCW-F deck certificate means the following certificates as described in rule 32.03 of Part 32: AB Deck, Chief Mate, Chief Mate <3000GT, Chief Mate Yacht, DWR, IR, Master, Master<3000GT, Master<500GT NC, Master Yacht, Master Yacht<500GT, Master <500GT, Watchkeeper Deck, Watchkeeper Deck<500GT NC, ADH-F, MFV, SFV, MFV-U, SFV-U:

STCW deck certificate means the following certificates as described in rule 32.03 of Part 32: AB Deck, Chief Mate, Chief Mate <3000GT, Chief Mate Yacht, DWR, IR, Master, Master<3000GT, Master<500GT NC, Master Yacht, Master



16

Yacht<500GT, Master <500GT, Watchkeeper Deck, Watchkeeper Deck<500GT NC:

STCW-F deck certificate means a certificate that is provided for in subpart D of Part 32:

3.2.5 insert new definition of STCW-F-aligned as follows:

STCW-F-aligned, in relation to a national certificate, means—

(a) a MEC 5 with the privilege in rule 32.51(1)(e); or

(b) a MEC 5 motor and steam with the privilege, through rule 32.55(a), in rule 32.51(1)(e); or

(c) a MEC 4 with the privilege in rule 32.57(1)(c):

34.3 Approval of medical practitioners

3.3 Amend rule 34.3 by replacing the comma at the end of subrule (b) with “; and”, as follows:

(b) is professionally independent from employers, seafarers, and employer and seafarer representatives, ; and

34.20 Application

3.4 Amend subrule (2) of rule 34.20 as follows:

(2) Every holder of an STCW, STCW-F deck, or national certificate issued by the Director under Part 32 must meet the requirements of rules 34.22, 34.23, 34.31, and 34.32.

34.23 Examination of seafarers for certificate of medical fitness

3.5 Amend subrule (5)(a) of rule 34.23 as follows:

(a) must, in the case of a person who undergoes a medical examination for the issue of a an STCW deck, STCW-F deck, or national deck certificate, make the determination in accordance with certification by a registered optometrist; and

34.26 Examination of seafarers for certificate of medical fitness

3.6 Amend subrules (4)(a) and (b) of rule 34.26 as follows:

(4) The relevant general eyesight and colour vision standards in Appendix 1 are— :

(a) in relation to STCW deck certificates and STCW-F deck certificates, the standards set out in row 1 of the Table in the Appendix 1:

(b) in relation to STCW certificates for GMDSS radio operators, radio officers, engineer officers and ratings, and electro-technical officers and ratings, the standards set out in row 2 of the Table in the Appendix 1:

(c) in relation to national deck certificates, the standards set out in row 3 of the Table in the Appendix 1:

(d) in relation to national engineering certificates, the standards set out in row 4 of

17

the Table in the Appendix 1:

(e) in relation to any other seafarer to whom this Part applies, the standard set out in row 5 of the Table in the Appendix 1.

18

Part 34 Appendix 1: General eyesight and colour vision standards for seafarers

3.7 Amend Appendix 1 of Part 34 as follows:

Column 1 Column 2

General eyesight standards

Column 3

Colour vision standards

Row 1:

STCW deck certificates and STCW-F Ddeck certificates

As prescribed in A-I/9 of STCW Code.

Must pass general eyesight test in accordance with this standard.

As prescribed in A-I/9 of STCW Code

Must pass colour vision test in accordance with this standard.

Row 2:

STCW certificates and STCW-F-

Radio, Engineering, and Electro-technical

for GMDSS radio operators, radio officers, engineer officers and ratings, and electro-technical officers and ratings


Must pass a general eyesight test subject to allowance in standard for combined vision


Restricted certificate permitted if fail, as considered appropriate by the Director

Row 3:

National Ddeck certificates

As for row 1 – STCW deck and STCW-F deck certificates.

As for row 1 - STCW and STCW-F deck certificates.

Restricted certificate limiting exercise of privileges to daylight hours only to be issued if fail.

Row 4:

National Eengineering certificates

As for row 2 - STCW certificates and STCW-F engineering

No standard to meet

Row 5:

Others

Sufficient for duties Sufficient for duties