merchant shipping (official log books) regulations 1992

Upload: nikoskarandinos

Post on 04-Apr-2018

226 views

Category:

Documents


0 download

TRANSCRIPT

  • 7/29/2019 Merchant Shipping (Official Log Books) Regulations 1992

    1/27

    Government Circular 363/92

    MERCHANT SHIPPING ACT 1985

    MERCHANT SHIPPING (OFFICIAL LOG BOOKS) REGULATIONS 1992

    In exercise of the powers conferred on theDepartment of Trade and Industryby sections 1

    and 2 of the Merchant Shipping Act 19851, and of all other enabling powers, afterconsultation with the Secretary of State and those persons referred to in section 2(2) of theMerchant Shipping Act 1985, the following Regulations are hereby made:-

    Citation, commencement, interpretation, revocation and amendment

    1.- (1) These Regulations may be cited as the Merchant Shipping ( Official LogBooks) Regulations 1992, and shall come into operation on 7th September 1992.

    (2) In these Regulations :

    the Act of 1894 means the Merchant Shipping Act 1894 (an Act ofParliament)2;

    the Act of 1949 means the Merchant Shipping (Safety Convention) Act1949 (an Act of Parliament)3;

    the Act of 1979 means the Merchant Shipping (Masters and Seamen) Act19794;

    the Act of 1981 means the Merchant Shipping (Load Lines) Act 19815

    ;

    Department means the Department of Trade and Industry;the Certification Regulations means the Merchant Shipping (Certification

    of Deck and Marine Engineer Officers and Licensing of MarineEngine Operators) (Isle of Man) Regulations 19876;

    the Closing of Openings Regulations means the Merchant Shipping(Closing of Openings in Hulls and Superstructures) Regulations19887;

    the Crew Accommodation Regulations means the Merchant Shipping(Crew Accommodation) Regulations 19788 as those regulations have effectin the Island;

    1 1985 c.32 1984 c.603 1949 c.434 1979 c.145 1981 c.246 GC 301/877 GC 362/888 SI 1978/795

    This text includes amendments made by SD 269/04 Merchant Shipping (Safety of Navigation SOLASChapter V) Regulations 2004

  • 7/29/2019 Merchant Shipping (Official Log Books) Regulations 1992

    2/27

    entry means an entry in an official log book (including an entry containedin a separate document annexed to any official log book inaccordance with regulation 6) of any particulars specified in column1 in any paragraph of Schedule 1 and an entry amending orcancelling such an entry;

    the Musters Regulations means the Merchant Shipping (Musters andTraining) Regulations 19869;

    Near Continental trading area means any location within the area bounded

    by a line from a point on the Norwegian coast in Latitude 62 North

    to a point 62 North 02 West; thence to a point 58 North 10

    West; thence to a point 51 North 12 West; thence to Brest, butexcluding all waters which lie to the eastward of a line drawnbetween Kristiansand, Norway, and Hanstholm lighthouse on theNorth Danish coast;

    officer means an officer qualified for the purposes of the CertificationRegulations;

    Passenger Ship Regulations 1980 means the Merchant Shipping(Passenger Ship Construction) Regulations 1980 as thoseregulations have effect in the Island10;

    Passenger Ship Regulations 1984 means the Merchant Shipping(Passenger Ship Construction and Survey) Regulations 1984 asthose regulations have effect in the Island11;

    the Provisions and Water Regulations means the Merchant Shipping(Provisions and Water) Regulations 199012;

    the Repatriation Regulations means the Merchant Shipping (Repatriation)Regulations 197913 as those regulations have effect in the Island;

    the Safety of Navigation Regulations means the Merchant Shipping(Safety of Navigation SOLAS Chapter V ) Regulations 200414

    the Safe Manning Document Regulations means the Merchant Shipping(Safe Manning Document) Regulations 199215;

    seaman in paragraphs 18, and 20 of Schedule 1 includes the master of aship;

    ship means a ship registered in the Isle of Man but does not include afishing vessel;

    9 GC 234/8610 SI 1980/53511 SI 1984/121612 GC 34/9013 SI 1979/9714 SD269/04 Text inserted by SD 269/0415 GC 299/92

  • 7/29/2019 Merchant Shipping (Official Log Books) Regulations 1992

    3/27

    wages submission means a submission to a superintendent or properofficer under section 6 of the Act of 1979 (which relates to disputesabout wages); and

    references to the gross or registered tonnage of a ship are, in the case of a shiphaving alternative gross or alternative register tonnages, references to the larger of its grosstonnages or to the larger of its registered tonnages, as the case may require.

    (3) The public documents mentioned in Schedule 2 are revoked to the extentspecified in the third column of that Schedule

    (4) The following entry shall be added at the end of Part II of Schedule 2 to theMerchant Shipping (Demise Charter Register) Regulations 199116 :-

    363/92 Merchant Shipping (Official Log Books)Regulations 1992.

    The whole Regulations

    Exemptions from the requirements of section 51 of the Merchant Shipping (Mastersand Seamen) Act 1979 (official log books)

    2. The requirement imposed by section 51 of the Act of 1979 that an official log bookshall be kept in every ship registered in the Isle of Man shall not apply to :-

    (a) a ship belonging to a general lighthouse authority;

    (b) a ship of less than 25 gross tons; or

    (c) a pleasure yacht.

    Entries in official log books

    3. Subject to the provisions of any statutory provision relating to Merchant Shipping

    and of rules and regulations made thereunder entries of particulars specified :-

    (a) in column 1 in each paragraph of Part I of Schedule 1 shall from time totime be made in the official log book kept in every ship not exempted fromthe requirement of section 51 of the Act of 1979 by regulation 2;

    (b) in column 1 in each paragraph of Part II of that Schedule shall be so madein the official log book kept in any such ship in respect of which a load linecertificate has been issued under section 5 or a load line exemptioncertificate has been issued under section 17 of the act of 1981 except a ship

    which is :-

    (i) a sludge carrier;

    16 GC 394/91

  • 7/29/2019 Merchant Shipping (Official Log Books) Regulations 1992

    4/27

    (ii) a dredger;

    (iii) a hopper barge; or

    (iv) a tug or tender which, in either case, is on or is about to undertake avoyage of not more than 600 nautical miles in the course of which it

    is at no time more than 200 miles from a port or place in which thepersons on board could be placed in safety and, if it carriespassengers, does not carry more than 12; and

    (c) in column 1 in each relevant paragraph of Part II of that Schedule shall beso made in the official log book kept in any passenger ship referred to inthat paragraph.

    Making, signing and witnessing of entries

    4. (1) Each entry shall be made in the official log book by the person or by one ofthe persons (or by a person authorised by any such person for that purpose) specified incolumn 2 in each paragraph of Schedule 1.

    (2) Each entry :

    (a) subject to paragraph (3) of this regulation, shall be signed by theperson or by one of the persons specified in column 2 in eachparagraph of Schedule 1; and

    (b) subject to the provisions of each paragraph of Schedule 1, shall be

    witnessed by the person, if any, specified in column 3 in eachparagraph of that Schedule.

    (3) An entry which is to be signed by the master may, except where thecontrary intention appears, be signed by an officer authorised by the master for thatpurpose.

    (4) Each entry shall include the date when it is made.

  • 7/29/2019 Merchant Shipping (Official Log Books) Regulations 1992

    5/27

    Failure to make or witness an entry

    5. If any entry which is to be signed or witnessed by the master or by a person who isa member of the crew is not made, signed and witnessed in accordance with the provisionsof these Regulations, and of the Schedule hereto, the master of the ship at the time when

    the entry is or should have been made, signed and witnessed shall be guilty of an offence.

    Annexes to official log books

    6. If it is not practicable by reason of its length, the circumstances in which it is to bemade or for any other reason for an entry to be contained in the official log book, it shallbe contained in a separate document annexed to the official log book; and references inthese Regulations to an official log book include references to any documents annexed toan official log book in accordance with this regulation. False, inaccurate or incompleteentries

    7. (1) No person shall make an entry he knows or has reason to believe is false,inaccurate or incomplete.

    (2) Any person who contravenes paragraph (1) shall be guilty of an offence.Time for making of entries

    8. (1) (a) Entries of particulars specified in paragraphs 1, 2, 3, 5 and 36 ofSchedule 1 shall be made at the time when an official log book isopened; and

    (i) a further entry of particulars specified in paragraph 3 shall bemade as soon as practicable after any change of master; and

    (ii) a further entry of particulars specified in paragraph 36 shallbe made as soon as practicable after a new load linecertificate is issued in respect of the ship.

    (b) The entry of particulars specified in paragraphs 7 and 23 of Schedule1 shall be made as soon as practicable after the ship arrives at orleaves any dock, wharf, port or harbour as the case may require.

    (c) The entry of particulars specified in paragraph 10 of Schedule 1 shallbe made as soon as practicable after every time when each mustershould have been held in accordance with the Musters Regulations.

    (d) The entries of particulars specified in sub-paragraphs (b) and (c) ofparagraph 35 of Schedule 1 shall be made daily or at such othertimes during the continuance of the illness or injury as the personmaking any such entry thinks fit.

    (e) The entry of particulars specified in paragraph 37 of Schedule 1 shallbe made before the ship leaves any dock, wharf, harbour or otherplace for the purpose of proceeding to sea.

  • 7/29/2019 Merchant Shipping (Official Log Books) Regulations 1992

    6/27

    (f) Every other entry shall be made as soon as practicable after theoccurrence to which it relates or, if it amends or cancels an existingentry, as soon as practicable after the person intending to sign itbecomes aware of the facts giving rise to the amendment orcancellation.

    (2) Subject to the provisions of regulation 9, no entry shall be made in an

    official log book after the time referred to in regulation 11(1).

    Amendment and cancellation of entries

    9. (1) Subject to the provisions of this regulation, an entry shall not be amended orcancelled.

    (2) Where :-

    (a) in the case of an entry which was required to be signed by the master,it appears to the person who for the time being is master of the shipthat the entry is inaccurate or incomplete; or

    (b) in the case of any other entry, it appears to the person who signed theentry that it is inaccurate or incomplete;

    that person shall, if it is practicable to do so before the time referred to in regulation 11(1),make and sign a further entry referring to the entry and amending or cancelling it; andparagraphs (1) and (2)(b) of regulation 4 and regulations 5 and 6 shall apply to the furtherentry.

    (3) Where, after the time referred to in regulation 11(1), it appears to theDepartment, a superintendent or proper officer or to the Registrar General of Shipping andSeamen than an entry is inaccurate or incomplete, he :-

    (a) may make and sign a further entry referring to the entry and amendingor cancelling it; and

    (b) shall, if it is practicable to do so, inform any master or seamen, towhom any such further entry relates, of its contents.

    (4) Any person who fails to comply with paragraph (2) of this regulation shallbe guilty of an offence.

  • 7/29/2019 Merchant Shipping (Official Log Books) Regulations 1992

    7/27

    Production of official log book

    10. (1) The master of a ship shall, on demand, produce to the Department, theRegistrar General of Shipping and Seamen, a superintendent, a proper officer or an officerof customs the official log book required to be kept in the ship.

    (2) A master who fails to comply with this regulation shall be guilty of anoffence.

    Delivery of official log book

    11. (1) The master shall, within forty-eight hours after the time specified inparagraph (2) or in paragraph (3) (as the case may be), or, if it is not practicable within thattime, as soon as practicable thereafter, deliver the official log book to the Department.

    (2) Subject to paragraph (3), the time referred to in paragraph (1) is either :-

    (a) if any person is employed in the ship under a fixed term crewagreement, the time when the last person remaining so employed isdischarged from the ship; or

    (b) in any other case, the time when the ship first calls at a port more thansix months after the first entry (other than an entry specified inparagraphs 1, 2, 3, 5 or 36 of Schedule 1) is made in the official logbook.

    (3) If, at the time specified in paragraph (2) there is pending a wagessubmission, the time referred to in paragraph (1) is either the time when all suchsubmissions have been determined by a superintendent or proper officer or withdrawn, orthe expiration of 7 days after the time specified in paragraph (2), whichever shall be theearlier.

    (4) A master who fails to comply with paragraph (1) of this regulation shall beguilty of an offence.

    Offences

    12. Any offence under these Regulations shall be punishable on summary convictionwith a fine not exceeding500.

  • 7/29/2019 Merchant Shipping (Official Log Books) Regulations 1992

    8/27

    SCHEDULE 1

    ENTRIES REQUIRED TO BE MADE IN THE OFFICIAL LOG BOOKS KEPT INSHIPS REGISTERED IN THE ISLE OF MAN NOT EXEMPTED FROM THEREQUIREMENTS OF SECTION 51 OF THE MERCHANT SHIPPING (MASTERSAND SEAMEN) ACT 1979 BY REGULATION 2

    PART I

    Entries relating to every ship

    Column 1Particulars of entry

    Column 2Signatory

    Column 3Witness

    1. The name of the ship, its port of registry,official number and gross or register tonnage. The master None

    2. The name and address of the registered owneror of the registered managing owner or of theships husband or manager.

    The master None

    3. The name of the master and the number andcountry of issue of his certificate of

    competency

    The master None

    4. Where a person ceases to be master of theship during a voyage, a record that, inaccordance with section 55 of the Act of1979 he has delivered to his successor thedocuments relating to the ship or its crewwhich are in his custody.

    The master in personand the former

    master in person

    None

    5. The date on and place at which the officiallog book is opened.

    The master None

    6. The date on and place at which the officiallog book is closed.

    The master None

    7. A record of the date and hour of departure forsea from, and arrival from sea at, any dock,

    wharf, port or harbour.

    The master in person An officer

  • 7/29/2019 Merchant Shipping (Official Log Books) Regulations 1992

    9/27

    Column 1

    Particulars of entryColumn 2Signatory

    Column 3Witness

    8. A record of

    (a) every notification required byregulation 19 of the Certification Regulationsto be made to a proper officer whenever onequalified deck officer or marine engineerofficer less than the number required by theRegulations is carried.

    (b) any exemption granted underregulation 7 of the Safe Manning DocumentRegulations.

    The master

    The master

    None

    None

    9. In accordance with regulation 8 of the Mustersoccasion on which a muster, drill or trainingof the crew in the use of lifesaving appliancesor fire appliances is held on board the ship,the training and type of drill held, and theoccasions on which lifeboats, rescue boatsand davit-launched liferafts, as applicable, arelowered or launched. Additionally, a record of

    each occasion on which the appliances andequipment are examined to see whether theyare fit and ready for use.

    The master A memberof the crew

    10. Where a muster, drill, training or inspectionis not held on board the ship when requiredby the Musters Regulations, a record of whythe muster, drill, training or inspection, as thecase may be, was not carried out or carriedout only in part.

    The master A memberof the crew

    11. Where any of the following accidents hasoccurred:-

    (a) there is loss of life or major injury to anyperson on board, or any person is lost from, aship or a ship's boat; or

    (b) a ship is lost or presumed to be lost, or is

    abandoned or materially damaged; or

  • 7/29/2019 Merchant Shipping (Official Log Books) Regulations 1992

    10/27

    Column 1

    Particulars of entryColumn 2Signatory

    Column 3Witness

    (c) a ship strands or is in collision; or

    (d) a ship is disabled; or

    (e) any material damage caused by a ship -

    a description of the casualty and the placewhere, or the position of the ship when, itoccurred.

    The master A memberof the crew

    12. A record of every signal of distress or amessage that a vessel, aircraft or person is indistress at sea, observed or received

    The master A memberof the crew

    13. Where the master, on receiving at sea a signalof distress or information from any source thata vessel or aircraft is in distress, is unable, orin the special circumstances of the caseconsiders it unreasonable or unnecessary togo to the assistance of the persons in distress

    (in accordance with section 22(1) of the Actof 1949 which relates to a master's obligationto assist vessels, etc., in distress)-

    a statement of his reasons for not going to theassistance of those persons.

    The master in person A memberof the crew

    14. Where a dispute relating to the amountpayable to a seaman under a crew agreementis submitted to a superintendent or properofficer under section 6 of the Act of 1979:-

    (a) a record of the identity of thesuperintendent or proper officer;

    (b) a statement of the dispute;

    (c) a record of whether he accepts thesubmission; and

    (d) if he accepts the submission;either:-

    The master (sub-paragraph (a))

    The superintendentor proper officer

    (sub-paragraphs (b)to (d))

    A memberof the crew

    None

  • 7/29/2019 Merchant Shipping (Official Log Books) Regulations 1992

    11/27

    Column 1Particulars of entry

    Column 2Signatory

    Column 3Witness

    (i) a record of his decision; or

    (ii) a statement that he is of the opinion that

    the dispute ought not to be decided by him.

    15. A record of:-

    (a) every seaman discharged from theship; and

    (b) the place, date and time of his discharge.

    The person in whosepresence the seamanis discharged or (if

    the seaman--is not present at the

    time he isdischarged) the

    master

    A memberof the crew

    16. Where a proper officer consents to thedischarge of a seaman outside the BritishIslands, a record of his consent.

    The proper officer (ifpracticable)or themaster in person

    If the entryis signed bythe master,a member

    of the crew.

    17. Where a seaman is left behind in any country

    outside the Island or is taken to such a countryon being shipwrecked, or a person whobecame employed in the ship under anagreement entered into outside the Island isleft behind in the Island or is taken to theIsland on being shipwrecked:-

    a record of:-

    (a) the name of the seaman;

    (b) the date on which and the place at whichthe seaman was left behind;

    (c) the reason, if known to the master, for theseaman being left behind;

    The master A memberof the crew

  • 7/29/2019 Merchant Shipping (Official Log Books) Regulations 1992

    12/27

    Column 1Particulars of entry

    Column 2Signatory

    Column 3Witness

    (d) any provision made by the master on the

    seaman's employer's behalf to ensure that asuperintendent or proper officer is informedthat the seaman has been left behind and isgiven the information referred to in regulation5(1) of the Repatriation Regulations,identifying the superintendent

    (e) the seaman's employer being informed thatthe seaman has been left behind and of theemployer being given any particulars requiredby him.

    18. Where, in pursuance of regulation 8 of theRepatriation Regulations, the master isrequired by a superintendent or proper officerto convey a person under a conveyanceorder:-a record of:-

    (a) the conveyance order, identifying the

    person to whom it relates, and thesuperintendent or proper officer by whom itwas given;

    (b) any direction received by the master inrespect of any such requirement, specifyingthe direction and the superintendent or properofficer by whom it was given;(c) whether the person is engaged as amember of the crew and, if not,

    (i) the date on which and the place at which hecame on board the ship; and

    (ii) the date on which and the place at whichhe left the ship.

    The master A memberof the crew

  • 7/29/2019 Merchant Shipping (Official Log Books) Regulations 1992

    13/27

    Column 1Particulars of entry

    Column 2Signatory

    Column 3Witness

    19. In respect of a seaman referred to in an entry

    made pursuant to paragraph 17 of thisSchedule:-

    a record of:-

    (a) whether he left any property (includingmoney) on board the ship;

    (b) all such property of which the master hastaken charge in pursuance of regulation16(3)(a) of the Repatriation Regulationsspecifying each item of such property;

    (c) each article forming part of such propertysold in pursuance of regulation 16(4)(a) ofthe Repatriation Regulations, and the pricereceived for it; --

    (d) each article forming part of such propertydisposed of in pursuance of regulation16(4)(b) of the Repatriation Regulations andthe name of the person to whom disposalwas made;

    (e) each article forming part of such propertydelivered to any person in pursuance ofparagraph (5) or (6) of regulation 16 of theRepatriation Regulations specifying theperson (whether the seaman, his employer orhis next of kin) to whom the delivery wasmade and the date, place and manner of

    delivery

    The master A memberof the crew

    20. A record of any inspection of crewaccommodation carried out under regulations38(2) and 31(2) of Schedule 6 to, the CrewAccommodation Regulations, showing -

    (a) the date and time of the inspection

    (b) the names and ranks of the personsmaking the inspection; and

    The master A memberof the crew

  • 7/29/2019 Merchant Shipping (Official Log Books) Regulations 1992

    14/27

    Column 1Particulars of entry

    Column 2Signatory

    Column 3Witness

    (c) particulars of any respects in which thecrew accommodation or any part thereof wasfound by any of the persons making the

    inspection not to comply with thoseRegulations.

    21. A record of any inspection of provisions andwater to be supplied to seamen employed inthe ship with the result of the inspection.

    The persons makingthe inspection

    None

    22. A record of any testing and inspection carriedout by the ships personnel of the rigging of

    the hoist and a load test to at least 150 kgunder regulation 5 (1) of the Safety ofNavigation Regulations.17

    The Master An officer

    23. A record of any drill, check and test carriedout by the ships crew of the ships steeringgear, underregulation 5 (1) of the Safety ofNavigation Regulations.18

    The master An officer

    24. Where three or more seamen employed in theship complain to the master under section 17

    of the Act of 1979 (which relates tocomplaints about provisions and water) aboutprovisions and water provided for the seamenemployed in the ship :-

    a record of :-

    (a) the names of the seamen making thecomplaint;

    (b) the complaint, specifying :-

    (i) the provisions and water complained of;and

    (ii) the manner in which they are alleged notto be in accordance with the Provisions andWater Regulations (whether because of badquality, unfitness for use or deficiency inquantity);

    The master(sub-paragraphs (a)

    to (e))

    One of theseamen

    making the

    complaint

    17 Consequential amendment made to this text by SD 269/04Merchant Shipping (Safety of Navigation SOLAS Chapter V ) Regulations 200418 Consequential amendment made to this text by SD 269/04Merchant Shipping (Safety of Navigation SOLAS Chapter V ) Regulations 2004

  • 7/29/2019 Merchant Shipping (Official Log Books) Regulations 1992

    15/27

  • 7/29/2019 Merchant Shipping (Official Log Books) Regulations 1992

    16/27

    Column 1Particulars of entry

    Column 2Signatory

    Column 3Witness

    (c) action taken by the master on the

    complaint;

    (d) whether the seamen state to the mastertheir dissatisfaction with the action taken bythe master on the complaint and whether theyclaim to complain to a superintendent orproper officer;

    (e) if the seamen claim to complain to asuperintendent or proper officer, the

    arrangements made by the master to enablethe seamen to do so;

    (f) the investigation of the complaint by asuperintendent or proper officer; and

    (g) every examination of provisions and watermade under section 17(3) of the Act of 1979

    The superintendentor proper officerinvestigating thecomplaint (sub-paragraph (f))

    The person makingthe inspection (sub-

    paragraph (g))

    None

    None

    25. Where by reason by any event it appears tothe master that an officer :-

    (a) may be unfit to discharge his duties,whether by reason of incompetency ormisconduct or for any other reason; or

    (b) may have been seriously negligent in thedischarge of his duties; or

    (c) may have failed to comply with theprovisions of section 422 of the Act of 1894(duty to give assistance and information aftercollision);

  • 7/29/2019 Merchant Shipping (Official Log Books) Regulations 1992

    17/27

    Column 1Particulars of entry

    Column 2Signatory

    Column 3Witness

    a record :

    (i) of the name of the officer and of the gradeand number of his certificate;

    (ii) of any such event or a reference to anyother entry relating to it;

    (iii) of any statement made by the officer tothe master in respect of that event or thoseevents and which the officer wishes to be

    recorded; and

    (iv) that the entries made in pursuance of sub-paragraphs (i) to (iii) of this paragraph havebeen read over to the officer by the master,and if they are not read over, the reason fornot doing so.

    The master in person An officer

    other thanthe officerreferred toin an entryunder sub-paragraph(i) of thisparagraph

    26. A record of any re-rating (includingpromotion) of a seamen, with the date upon

    which the re-rating takes effect.

    The master A memberof the crew

    27. Where a seaman is obliged to have committeda breach of a code of conduct promulgated bythe employer, or the Department, and thatbreach is such that the penalties include theoption of dismissal from the ship, a record ofsuch of the following particulars as arerelevant :-

    (a) the nature of the allegation

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

    (c) that the master has read the allegation tothe seaman;

    (d) that the master has advised he seaman ofhis right to be accompanied by a friend who

    may advise him and speak on his behalf;

    The master A memberof the crewother thanthe seamannamed inan entry

    under sub-paragraph(b) of thisparagraph

  • 7/29/2019 Merchant Shipping (Official Log Books) Regulations 1992

    18/27

    Column 1Particulars of entry

    Column 2Signatory

    Column 3Witness

    (e) (i) if the seaman admits the allegation, a

    statement that he admits it;

    (ii) in any other case, a statement that theseaman does not admit the allegation;

    (f) (i) any statement made by the seaman, orby his friend on behalf of the seaman, inanswer to the allegation;

    (ii) that he declines to make a statement in

    answer to the allegation;

    (g) that the master has given a formalwarning to the seamen;

    (h) that the master has given a writtenreprimand to the seaman;

    (i) that the master has informed the seamanthat he will be dismissed from the ship eitherat the first opportunity or at the end of the

    voyage and that the matter will be referred toa shore-based disciplinary committee;

    (j) that the seaman has been given, and hasacknowledged receipt of, a copy of all entriesmade in the official log book relating to hisbreach of the Code, together with a copy ofany report made to a shore-based disciplinarycommittee.

    28. Where a seaman is convicted by a legaltribunal of any offence committed in the shipduring a voyage :-a record of the conviction and of thepunishment inflicted.

    The master A memberof the crew.

    29. Where, in the opinion of the master,

    consideration should be given to theprosecution of any person in respect of any

    conduct in the ship during a voyage (whetherunder any statutory provision relating theMerchant Shipping or otherwise) :-

  • 7/29/2019 Merchant Shipping (Official Log Books) Regulations 1992

    19/27

    Column 1

    Particulars of entryColumn 2Signatory

    Column 3Witness

    A record :-

    (a) of the event;

    (b) of the name of the person concerned;

    (c) of any statement made by the personconcerned to the master in respect of thatevent which that person wishes to berecorded; and

    (d) that the entries made in pursuance of sub-

    paragraphs (a) to (c) of this paragraph havebeen read over by the master to the personconcerned.

    The master in person A memberof the crew

    other thanthe personnamed inan entry

    under sub-paragraph(b) of thisparagraph

    30. A record of any reduction in the scale ofprovisions and water to be provided forseamen employed in the ship specifying :-

    (a) the reduction made;

    (b) the reason for the reduction; and

    (c) the duration of the reduction.

    The master A memberof the crew.

    31. Where a child is born in the ship or in one of

    the ships boats :-

    a record of :-

    (a) (i) date of the birth;

    (ii) if the birth takes place at sea, the positionof the ship by latitude and longitude at thetime of the birth and, in any other case, theplace of birth;

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

    (iv) sex of child;

    The master in person The motherof the child

  • 7/29/2019 Merchant Shipping (Official Log Books) Regulations 1992

    20/27

    Column 1Particulars of entry

    Column 2Signatory

    Column 3Witness

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

    (ii) his usual residence;

    (iii) his nationality; and

    (iv) his occupation, rank or profession;

    provided that, if the child is illegitimate, noparticulars of the father shall be enteredexcept at the joint request of the mother and

    of the person acknowledging himself to be thefather given to the master in writing andsigned by both the mother and that person;

    (c) (i) name and surname of mother

    (ii) her maiden surname;

    (iii) her name at marriage, if different frommaiden surname;

    (iv) her usual residence; and

    (v) her nationality; and

    (d) the making of a return of the birth,identifying the person to whom the return wasmade.

    32. Where any person dies in the ship or in aships boat or is lost from the ship or a shipsboat or where any person employed in theship dies outside the Island -

    a record of :-

    (a) the date of the death or loss; The master in person(sub-paragraphs (a)

    to (i))

    A memberof the crew

  • 7/29/2019 Merchant Shipping (Official Log Books) Regulations 1992

    21/27

    Column 1Particulars of entry

    Column 2Signatory

    Column 3Witness

    (b) (i) if the death takes place in the ship or

    in a ships boat or if the deceased is lost fromthe ship or a ships boat, the place of death orthe position of the ship or of the ships boatby latitude and longitude at the time of thedeath or loss (as the case may require);

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

    (c) name and surname of deceased;

    (d) sex of deceased;

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

    (f) if the deceased was a woman who hasbeen married, her maiden surname (if known);(g) occupation, rank or profession ofdeceased;

    (h) usual residence of deceased at time ofdeath or loss;

    (i) his nationality;

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

    (ii) if death is not due to natural causes,circumstances of death or loss;

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

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

    The ships doctor or,if there is no shipsdoctor, the master in

    person (sub-paragraph (j)(i))

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

    A memberof the crew

    A memberof the crew

  • 7/29/2019 Merchant Shipping (Official Log Books) Regulations 1992

    22/27

    Column 1Particulars of entry

    Column 2Signatory

    Column 3Witness

    (m) the notification of the death to the

    deceaseds next of kin, and the name andaddress of the next of kin.

    33. In respect of a seaman dying while or afterbeing employed in the ship:-

    a record of :-

    (a) whether he left any property (including

    money) on board the ship;

    (b) each item of such property.

    The master in person A memberof the crew

    34. Where an inquiry into the cause of a death isrequired to be held under section 45 of the Actof 1979 -

    a record :-

    (a) of the name of the deceased and areference to the relevant entry made underparagraph 33 of this Schedule;

    (b) of either :-

    (i) of the name of the superintendent orproper officer holding the inquiry and the dateand the place at which the inquiry is held; or

    (ii) that the inquiry was not held at the nextport of call where the ship calls after the deathand where there is a superintendent or properofficer.

    The master(Subparagraph (a))

    The superintendentor proper officer

    holding the inquiry(sub-paragraph

    (b)(i))

    The master (sub-paragraph (b)(ii))

    None

    None

    None

  • 7/29/2019 Merchant Shipping (Official Log Books) Regulations 1992

    23/27

    Column 1Particulars of entry

    Column 2Signatory

    Column 3Witness

    35. Where a person employed in the ship falls ill

    or is injured :-

    a record of :-

    (a) the circumstances of the injury;

    (b) the nature of the illness or injury or thesymptoms thereof;

    (c) the treatment adopted; and

    (d) the progress of the illness or injury.

    The master (sub-paragraph (a))

    The ships doctor or(if there is no shipsdoctor) the master

    (sub-paragraphs (b)to (d))

    A memberof the crew

    A memberof the crew

    PART II

    Entries relating to ships, excluding ships of Classes I, II, IIA and IV, in respect of which aLoad Line Certificate has been issued under section 5, or an exemption certificate hasbeen issued under section 20 of the Merchant Shipping (load Lines) Act 1981 and whichare not exempted by Regulation 3(b).

    Column 1Particulars of entry

    Column 2Signatory

    Column 3Witness

    36. A record of -

    (a) all the particulars stated in the Load LineCertificate issued under section 6 of the Act

    of 1981 currently in force in respect of theship, relating to the freeboards assigned to theship and the positions of deck-line and load-lines;

    (b) the draught which would be shown on thescales of feet or metres on the stem and on thestern post of the ship if it were on an evenkeel and so loaded that the upper edge of thesummer load-line marked on each side of theship were on the surface of the water.

    The master None

  • 7/29/2019 Merchant Shipping (Official Log Books) Regulations 1992

    24/27

    Column 1Particulars of entry

    Column 2Signatory

    Column 3Witness

    37. A record of -

    (a) (i) the draughts shown on the scalesreferred to in paragraph 36(b);

    (ii) the mean freeboard;

    taken in each case when the ship is ready toleave any dock, wharf, harbour or other placefor the purpose of proceeding to sea;

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

    (c) the allowances, if any, to be made in orderto determine the mean freeboard which theship will have when it first reaches salt waterafter leaving as aforesaid, being allowances inrespect of -

    (i) the density of the water in which the ship

    was when the particulars referred to in sub-paragraph (a) were taken;

    (ii) the weight of fuel, water and storesrequired for consumption before the shipreaches salt water;

    (d) the mean draught and mean freeboardwhich the ship will have on reaching saltwater, calculated after making the allowancesreferred to in sub-paragraph (c); providedthat-

    (i) sub-paragraphs (c)(ii) and (iii) do notapply to a home trade ship nor to a ship goingbetween locations in the Near Continentaltrading area; and

    (ii) sub-paragraphs (b), (c) and (d) do notapply if, at the time when the particularsreferred to in sub-paragraph (a) were taken,

    the load-line indicating the maximum depth towhich the ship could then be loaded in saltwater was not submerged.

    The master An officer

  • 7/29/2019 Merchant Shipping (Official Log Books) Regulations 1992

    25/27

    Column 1Particulars of entry

    Column 2Signatory

    Column 3Witness

    In this paragraph :-

    freeboard means the distance measuredvertically downwards from the upper edge ofthe deck-line marked on the side of the ship tothe surface of the water;

    mean freeboard means the mean of thefreeboards on each side of the ship; and

    mean draught means the mean of the

    draughts shown on the scales of feet on thestem and on the stern post of the ship.

    PART III

    Entries relating to passenger ships

    Column 1Particulars of entry

    Column 2Signatory

    Column 3Witness

    38. (All such ships)

    A record of :-

    (a) the times of the last closing, before theship proceeds on a voyage, of the watertightdoors and other appliances referred to inregulation 3 of the Closing of Openings

    Regulations, and of the next subsequentopening of such doors and appliances;

    (b) the times of the closing and opening,while the ship is at sea, of any watertight doorpursuant to regulation 4(1)(c) of thoseRegulations;

    (c) whether the portable plates referred to inregulation 5 of those Regulations are in placewhen the ship proceeds to sea, and the times,

    if any, of the removal and replacement of suchplates when the ship is at sea; and

    The master

    The master

    The master

    An officer

    An officer

    An officer

    Column 1 Column 2 Column 3

  • 7/29/2019 Merchant Shipping (Official Log Books) Regulations 1992

    26/27

    Particulars of entry Signatory Witness

    (d) the occasions on which drills are practisedand inspections made in compliance with theprovisions of those Regulations, and whetherthe appliances to which such drills and

    inspections relate are in good working order.

    The master An officer

    39. (All such ships)

    A record of :-

    (a) the times of the last closing, in accordancewith regulations 10(1) and 12(1) of theClosing of Openings Regulations of the

    watertight and weathertight doors referred toin those Regulations and of the next openingof such doors;

    (b) the times of the opening and closing ofany watertight and weathertight door pursuantto regulations 12(2) and 13 of thoseRegulations.

    The master An officer

    40. (a) (All ships of Class I, II, IIA and IV as

    specified in the Passenger Ship Regulations1980 or 1984 as the case may be)

    A record of draughts, trim and verticaldistances ascertained in accordance with thePassenger Ship Regulations 1980 and thePassenger Ship Regulations 1984.

    (b) (Ships of Class I, II, IIA and ships ofClass IV to which regulation 9L of thePassenger Ship Regulations 1980 orregulation 9L of the Passenger ShipRegulations 1984 applies)

    A record of the result of the calculationrequired by regulation 9F of the PassengerShip Regulations 1980 or regulation 9F of thePassenger Ship Regulations 1984

    The master

    The master

    An officer

    An officer

  • 7/29/2019 Merchant Shipping (Official Log Books) Regulations 1992

    27/27

    Regulation 1(3)

    SCHEDULE 2

    REVOCATION

    G.C. No Title Extent of Revocation

    170/82

    152/84

    233/86

    Merchant Shipping (Masters and Seamen)(Application) Order 1982

    Merchant Shipping (Masters and Seamen)(Application and Amendment) Order 1984

    Merchant Shipping (Masters and Seamen)(Application) Order 1986

    In Schedule 1 -Entry 1

    Schedule 3

    Article 4

    In Schedule 1 -Entries 3 and 4

    Made this 3rdday of September, 1992

    David North,

    MINISTER for Highways, Ports and Properties.

    EXPLANATORY NOTE

    (This note is not part of the Regulations)

    These Regulations replace the Merchant Shipping (Official Log Books) Regulations 1981which were applied to the Isle of Man in 1982. The regulations prescribe the entries whichare required to be made in Official Log Books on board Manx ships.

    Amendment:

    This text includes amendments made by:SD 269/04 Merchant Shipping (Safety of Navigation SOLAS Chapter V) Regulations2004