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The Merchant Shipping (Certification, Safe Manning, Hours of Work and Watchkeeping) Regulations, 2002 made the 11th June, 2002. Consolidated with the Merchant Shipping (Certification, Safe Manning, Hours of Work and Watchkeeping) (Amendment) Regulations, 2003 made the 1st July, 2003. Consolidated and revised this 6th day of July, 2004. Merchant Shipping (Certification, Safe Manning, Hours of Work and Watchkeeping) Regulations Arrangement of Regulations Merchant Shipping Law MERCHANT SHIPPING (CERTIFICATION, SAFE MANNING, HOURS OF WORK AND WATCHKEEPING) REGULATIONS (2004 Revision) Arrangement of Regulations Regulation PART I - INTRODUCTORY 1. 2.\", \"element\": \"section\", \"heading\": null}, {\"eId\": \"sec_3\", \"num\": \"3.\", \"text\": \"PART II - CERTIFICATION AND RECOGNITION OF CERTIFICATES 4. 5. 6. 7. 8. 9. 10. 11.\", \"element\": \"section\", \"heading\": null}, {\"eId\": \"sec_12\", \"num\": \"12.\", \"text\": \"Training and qualifications of masters and seamen on passenger ships other than ro-ro 13.\", \"element\": \"section\", \"heading\": null}, {\"eId\": \"sec_14\", \"num\": \"14.\", \"text\": \"Arrangement of Regulations Merchant Shipping (Certification, Safe Manning, Hours of Work and Watchkeeping) Regulations\", \"element\": \"section\", \"heading\": null}, {\"eId\": \"sec_15\", \"num\": \"15.\", \"text\": \"Requirements for the holding of certificates of proficiency in survival craft and rescue 16. 17. 18.\", \"element\": \"section\", \"heading\": null}, {\"eId\": \"sec_19\", \"num\": \"19.\", \"text\": \"PART III - HOVERCRAFT 20. 21. 22.\", \"element\": \"section\", \"heading\": null}, {\"eId\": \"sec_23\", \"num\": \"23.\", \"text\": \"PART IV - SAFE MANNING 24. 25.\", \"element\": \"section\", \"heading\": null}, {\"eId\": \"sec_26\", \"num\": \"26.\", \"text\": \"PART V - HOURS OF WORK 27. 28. 29. 30. 31. 32.\", \"element\": \"section\", \"heading\": null}, {\"eId\": \"sec_33\", \"num\": \"33.\", \"text\": \"PART VI - WATCHKEEPING 34. 35.\", \"element\": \"section\", \"heading\": null}, {\"eId\": \"sec_36\", \"num\": \"36.\", \"text\": \"PART VII - MISCELLANEOUS 37. 38. 39. 40. 41.\", \"element\": \"section\", \"heading\": null}, {\"eId\": \"sec_42\", \"num\": \"42.\", \"text\": \"Maintenance of register of certificates and endorsements issued and provision of 43. 44.\", \"element\": \"section\", \"heading\": null}, {\"eId\": \"sec_45\", \"num\": \"45.\", \"text\": \"Merchant Shipping (Certification, Safe Manning, Hours of Work and Watchkeeping) Regulations Arrangement of Regulations FIRST SCHEDULE SECOND SCHEDULE THIRD SCHEDULE FOURTH SCHEDULE FIFTH SCHEDULE Merchant Shipping (Certification, Safe Manning, Hours of Work and Watchkeeping) Regulations Regulation 1 Merchant Shipping Law MERCHANT SHIPPING (CERTIFICATION, SAFE MANNING, HOURS OF WORK AND WATCHKEEPING) REGULATIONS (2004 Revision) PART I - INTRODUCTORY\", \"element\": \"section\", \"heading\": null}, {\"eId\": \"sec_1\", \"num\": \"1.\", \"text\": \"Citation 1. These regulations may be cited as the Merchant Shipping (Certification, Safe Manning, Hours of Work and Watchkeeping) Regulations (2004 Revision).\", \"element\": \"section\", \"heading\": null}, {\"eId\": \"sec_2\", \"num\": \"2.\", \"text\": \"Definitions 2. (1) In these regulations \u2014 \u201cappropriate certificate\u201d means \u2014 (a) in relation to Cayman Islands ships, a certificate issued and endorsed by or under the authority of an STCW country and recognised in accordance with these regulations entitling the lawful holder to serve in the capacity and perform the functions involved at the level of responsibility specified therein on a ship of the type, tonnage or power and means of propulsion indicated by the endorsement while engaged on the particular voyage concerned; and Regulation 2 Merchant Shipping (Certification, Safe Manning, Hours of Work and Watchkeeping) Regulations (b) in relation to other ships, an appropriate certificate as defined in the STCW Convention; \u201capproved\u201d (and \u201capproved\u201d in the STCW Convention so far as given effect by these regulations) means approved by the Minister; \u201carea A1\u201d; \u201carea A2\u201d; \u201carea A3\u201d; and \u201carea A4\u201d, have the meanings assigned to \u201cSea area A1\u201d, \u201cSea area A2\u201d, \u201cSea area A3\u201d and \u201cSea area A4\u201d in Regulation 2, Chapter IV of the Safety Convention; \u201cauthorised person\u201d means a person authorised by the Minister for the purposes of these regulations; \u201cCayman Islands ship\u201d has the meaning given in section 2(1), and \u201cnonCayman Islands ship\u201d means a ship that is not a Cayman Islands ship; \u201ccertificate of competence\u201d means an appropriate certificate for the purposes of regulations 4 and 5; \u201cchemical tanker\u201d means a ship constructed or adapted and used for the carriage in bulk of any liquid product listed in Chapter 17 of the IBC Code; \u201ccompany\u201d includes an individual, and in relation to a ship means the owner of the ship or any other organisation or person such as the manager, or the demise charterer, who has assumed the responsibility for the operation of the ship from the owner and who, on assuming such responsibility, has agreed to take over all the duties and responsibilities imposed on the company by the Regulations annexed to the STCW Convention; \u201cconstructed\u201d means a craft the keel of which is laid or which is at a similar stage of construction; and \u201csimilar stage of construction\u201d means a stage at which \u2014 (a) construction identifiable with a specific craft begins; and (b) assembly of that craft has commenced comprising at least fifty tonnes or one per cent of the estimated mass of all structural material, whichever is the less; \u201cGT\u201d means gross tonnage as defined in the tonnage regulations; \u201chigh speed craft\u201d means a craft capable of a maximum speed equal to or exceeding \u2014 3.7\uf0d1 0.1667 metres per second, where \uf0d1 is the displacement corresponding to the design waterline (m3); \u201cIBC Code\u201d means the 1994 Edition of the International Code for the Construction and Equipment of Ships Carrying Dangerous Chemicals in Bulk, published by the IMO; \u201cIGC Code\u201d means the 1993 Edition of the International Code for the Construction and Equipment of Ships Carrying Liquefied Gases in Bulk, published by the IMO; Merchant Shipping (Certification, Safe Manning, Hours of Work and Watchkeeping) Regulations Regulation 2 \u201cIMO\u201d means the International Maritime Organization; \u201clength\u201d has the meaning given in the tonnage regulations; \u201cLicence\u201d means the Licence issued under regulation 6(8); \u201cliquefied gas tanker\u201d means a ship constructed or adapted and used for the carriage in bulk of any liquefied gas or other product listed in Chapter 19 of the IGC Code; \u201cmanagement level\u201d means the level of responsibility associated with \u2014 (a) serving as master, chief mate, chief engineer or second engineer of a seagoing ship; and (b) ensuring that all functions within the designated area of responsibility are properly performed; \u201cMARPOL\u201d means the International Convention for the Prevention of Pollution from Ships, 1973 as modified by the Protocol of 1978 relating thereto and its Annexes and Protocols, together with any other Protocols and Amendments relating thereto that may be in effect for the Islands; \u201cnear-coastal voyage\u201d means a voyage during which the ship is never more than forty miles from any of the Cayman Islands; \u201cofficer\u201d means a person carried in a ship in the capacity of an officer under the terms of the safe manning document issued in respect of that ship; \u201coil\u201d means petroleum in any form including crude oil, fuel oil, oil refuse and refined products, other than oil-like substances which are listed in paragraph 7 of the Unified Interpretations of Annex II to MARPOL and relating to Regulation 14 of that Annex; \u201coil tanker\u201d means a ship constructed or adapted primarily to carry oil in bulk in its cargo spaces and includes a combination carrier when it is carrying a cargo or part cargo of oil in bulk; \u201cpropulsion power\u201d means the total maximum continuous rated output power in kilowatts of all the ship\u2019s main propulsion power which appears on the ship\u2019s certificate of registry or other official document; \u201cRadio Regulations\u201d means the Radio Regulations annexed to, or regarded as being annexed to, the most recent International Telecommunication Convention which may be in force at any time; \u201crating\u201d means a member of the ship\u2019s crew other than the master or an officer; \u201cro-ro passenger ship\u201d means a passenger ship provided with cargo or vehicle spaces not normally subdivided in any way and extending to either a substantial length or the entire length of the ship in which vehicles or cargo can be loaded or unloaded in a horizontal direction; \u201cSafety Convention\u201d has the meaning given in section 171; Regulation 3 Merchant Shipping (Certification, Safe Manning, Hours of Work and Watchkeeping) Regulations \u201cseafarer\u201d includes a master, an officer and a rating; \u201csea-going\u201d means going to sea beyond the limits of the national waters of the Islands; \u201cSecretary-General\u201d means the Secretary-General of the IMO; \u201cSTCW Code\u201d means the Seafarer\u2019s Training, Certification and Watchkeeping Code adopted by the 1995 Conference of Parties to the International Convention on the Standards of Training, Certification and Watchkeeping for Seafarers, 1978; \u201cSTCW country\u201d means a country which is a party to the STCW Convention; \u201cSTCW ship\u201d means a ship entitled to fly the flag of a STCW country and \u201cnon-STCW ship\u201d means a ship that is not a STCW ship; \u201ctanker\u201d means a chemical tanker, a liquefied gas tanker or an oil tanker; and \u201ctonnage regulations\u201d means the Merchant Shipping (Tonnage) Regulations, 2002. (2) Any reference to the IBC Code, the IGC Code, the STCW Code, or the STCW Convention shall include reference to any document amending the Code or Convention which is considered by the Minister to be relevant from time to time. 3. Application 3. (1) Subject to subregulation (2) and regulation 20, these regulations apply to \u2014 (a) sea-going Cayman Islands ships wherever they may be and non-Cayman Islands ships when in Cayman Islands waters; (b) masters and seamen employed in sea-going Cayman Islands ships; and (c) seafarers employed in pleasure vessels to the extent provided for in regulation 6(7), (8) and (9). (2) These regulations do not apply to \u2014 (a) warships and naval auxiliaries or other ships owned or operated by a State and engaged only on Government non-commercial service; (b) fishing vessels; (c) wooden ships of primitive build; or (d) seafarers employed in such ships as are referred to in paragraphs (a) to (c). Merchant Shipping (Certification, Safe Manning, Hours of Work and Watchkeeping) Regulations Regulation 4 PART II - CERTIFICATION AND RECOGNITION OF CERTIFICATES\", \"element\": \"section\", \"heading\": null}, {\"eId\": \"sec_4\", \"num\": \"4.\", \"text\": \"Qualifications as an officer 4. A person is qualified as an officer for the purposes of section 111(1) if he holds a certificate of competence which has been duly recognised and endorsed in accordance with regulations 5 and 6, in one of the following capacities \u2014 (a) master; (b) chief mate; (c) officer in charge of a navigational watch; (d) chief engineer officer; (e) second engineer officer; (f) officer in charge of an engineering watch; (g) radio operator; (h) electrical engineer officer; or (i) electrotechnical engineer officer.\", \"element\": \"section\", \"heading\": null}, {\"eId\": \"sec_5\", \"num\": \"5.\", \"text\": \"Recognition of certificates 5. (1) The Director may, for service on board Cayman Islands ships, recognise a certificate issued by or under the authority of another STCW country to a master, officer or radio operator if he is satisfied \u2014 (a) that the requirements of the STCW Convention concerning standards of competence, the issue and endorsement of certificates and record keeping are fully complied with; and (b) that prompt notification will be given to the Director of any significant change in the arrangements for training and certification provided in compliance with the Convention. (2) For the purpose of satisfying himself under subregulation (1), the Director \u2014 (a) with respect to the issuing authority, shall take into account any IMO list of STCW countries which, according to the IMO, have given full and complete effect to the STCW Convention; and (b) with respect to verification of the authenticity and validity of a certificate presented for recognition, may \u2014 (i) require from the authority which has issued the certificate, copies of its maritime legislation and details of its facilities and procedures concerning the training and certificate of seafarers; and (ii) where deemed necessary, inspect such facilities and procedures. Regulation 6 Merchant Shipping (Certification, Safe Manning, Hours of Work and Watchkeeping) Regulations (3) Every certificate presented for recognition under this regulation shall be an original, or if that is not practicable, a duly authenticated copy thereof, and where the certificate is in a language other than English, it shall be accompanied by an official translation in English. (4) The Director shall ensure that every seafarer who presents for recognition a certificate of competence which has been issued as certification at the management level has appropriate knowledge of the maritime legislation of the Cayman Islands and proficiency in the English language relative to the functions which he is permitted to perform, in accordance with the requirements set out in the Second Schedule. (5) The information provided and the measures agreed upon under this Part shall be communicated to the Secretary of State of the United Kingdom responsible for shipping for onward transmission to the Secretary-General, within the time prescribed and in the format specified in Section A-I\/7, paragraph 3.2 of the STCW Code. (6) No certificate issued by or under the authority of a State that is not a STCW country shall be recognised. (7) The Director may, under this Part, recognise and endorse a certificate of service issued under the repealed Merchant Shipping (Manning of Ships) (Cayman Islands) Regulations, 1989 if such certificates have been re-validated in accordance with regulation I\/11 of the Annex to the STCW Convention.\", \"element\": \"section\", \"heading\": null}, {\"eId\": \"sec_6\", \"num\": \"6.\", \"text\": \"Issue of endorsements attesting to recognition and transitional arrangements 6. (1) Subject to subregulation (7) and (8), where the Director recognises a certificate under regulation 5 he shall endorse such a certificate to attest to its recognition. (2) An endorsement attesting to the recognition of a certificate shall be issued as a separate document which shall be in the form set out in the First Schedule and the capacity in which the holder of a certificate is authorised to serve shall be provided in the form of endorsement in the manner provided therein. (3) Each endorsement issued under this regulation attesting to the acceptance of a certificate shall \u2014 (a) be assigned a unique number; (b) expire as soon as the certificate endorsed expires or is withdrawn, suspended or cancelled by the party which issued it and, in any case, not more than five years after the date of issue; and (c) remain valid only as long as the certificate to which it attests remains valid. Merchant Shipping (Certification, Safe Manning, Hours of Work and Watchkeeping) Regulations Regulation 7 (4) The Director may, if circumstances require, allow a seafarer to serve in a capacity other than radio operator, (except as provided in the Radio Regulations), for a period not exceeding three months on board a Cayman Islands ship, while holding an appropriate and valid certificate issued and endorsed by the authority of another STCW country but which has not yet been endorsed so as to render it appropriate for service on board Cayman Islands ships, provided the Director is satisfied that application for an endorsement has been duly submitted. (5) An endorsement or other document issued by or under the authority of an STCW country in recognition of, or attesting to, the recognition of a certificate by or under the authority of another STCW country shall not be used as the basis for recognition by the Director. (6) The Director may, at any time, revoke or cancel an endorsement or Licence granted under this regulation where he has clear grounds for believing that the holder of the certificate has \u2014 (a) committed a violation of any provision of the Law or any regulations made thereunder; (b) committed an offence under the laws of the Cayman Islands; or (c) failed to maintain the required standard of medical fitness. (7) The Director may recognise certificates other than those recognised under regulation 5 solely in respect of seafarers serving on board Cayman Islands ships referred to in regulation 3(1)(c). (8) Where the Director recognises a certificate referred to in subregulation (7), he may issue a Licence in a form prescribed by him to attest to its recognition. (9) Regulations 5(3) and (4) and 6(3), (4), (5) and (6) apply to Licences as may be appropriate.\", \"element\": \"section\", \"heading\": null}, {\"eId\": \"sec_7\", \"num\": \"7.\", \"text\": \"Appropriate certificates 7. A master or officer shall hold an appropriate certificate for the capacity in which he serves, as set out in the Table below. Regulation 8 Merchant Shipping (Certification, Safe Manning, Hours of Work and Watchkeeping) Regulations TABLE OF APPROPRIATE CERTIFICATES DECK DEPARTMENT Officer in charge of a navigational watch on any ship on voyages not limited to near coastal voyages. Master or chief mate on a ship of 3000 GT or more. Master or chief mate on a ship of 500 GT or more and less than 3000 GT. Officer in charge of a navigational watch on a ship of less than 500 GT engaged on near-coastal voyages. Master of a ship of less than 500 GT engaged on near-coastal voyages. ENGINE DEPARTMENT Officer in charge of an engineering watch in a manned engine room, or designated duty engineer officer in a periodically unmanned engine-room, on a ship powered by main propulsion machinery of 750 kW propulsion power or more. Chief engineer officer or second engineer officer on a ship powered by main propulsion machinery of 3000 kW propulsion power or more. Chief engineer officer and second engineer officer on a ship powered by main propulsion machinery of between 750 and 3000 kW propulsion power.\", \"element\": \"section\", \"heading\": null}, {\"eId\": \"sec_8\", \"num\": \"8.\", \"text\": \"Ratings and holders of other qualifications 8. (1) Every rating forming part of a navigational watch on a ship of 500 GT or more, other than ratings under training and ratings whose duties while on watch are of an unskilled nature, shall hold a certificate referred to herein as a \u201cNavigational Watch Rating Certificate\u201d issued in accordance with Regulation II\/4 of the Annex to the STCW Convention, by the Director or by or under the authority of another STCW country. (2) Every rating forming part of an engine-room watch or designated to perform duties in a periodically unmanned engine-room on a ship powered by main propulsion machinery of 750 kW propulsion power or more, other than ratings under training and ratings whose duties are of an unskilled nature, shall hold a certificate, referred to herein as an \u201cEngine Room Watch Rating Certificate\u201d, issued in accordance with Regulation III\/4 of the Annex to the STCW Convention by the Director or by or under the authority of another STCW country. (3) Any person designated to perform watchkeeping duties in a manned or periodically unmanned engine-room on a ship powered by main propulsion machinery of 350 kW power, or more, but less than 750 kW shall be the holder of one of the engineering certificates referred to in regulation 7 or be the holder of an appropriate certificate in compliance with criteria specified by the Director. Merchant Shipping (Certification, Safe Manning, Hours of Work and Watchkeeping) Regulations Regulation 9\", \"element\": \"section\", \"heading\": null}, {\"eId\": \"sec_9\", \"num\": \"9.\", \"text\": \"Radiocommunications and radio personnel on GMDSS ships 9. (1) Every ship shall carry a person or persons qualified for distress and safety radio communication purposes as specified in subregulation (2), who shall be holders of certificates specified in the Radio Regulations, as appropriate, one of whom shall be designated by the master to have primary responsibility for radio communications during distress incidents. (2) On area A1 ships, a person qualified as mentioned in subregulation (1) shall hold at least a GMDSS restricted operator\u2019s certificate issued in accordance with subsection D of section IIIA of Article 55 of the Radio Regulations. On ships operating in Areas A1\/A2, A1\/A2\/A3 and A1\/A2\/A3\/A4, the person qualified as mentioned in subregulation (1) shall hold a GMDSS general operator\u2019s certificate issued in accordance with subsection C of section IIIA of Article 55 of the Radio Regulations.\", \"element\": \"section\", \"heading\": null}, {\"eId\": \"sec_10\", \"num\": \"10.\", \"text\": \"Training and qualifications of masters and seamen on tankers 10. (1) Officers and ratings assigned specific duties and responsibilities related to cargo or cargo equipment on tankers shall have completed an approved shorebased advanced fire-fighting course in addition to the training required by section A-VI\/1 of the STCW Code and shall have completed \u2014 (a) at least three months of approved sea-going service on tankers in order to acquire adequate knowledge of safe operational practices; or (b) an approved tanker familiarisation course covering at least the syllabus given for that course in Section A-V\/1 of the STCW Code. (2) The period of three months referred to in paragraph (1)(a) may be reduced to not less than one month if \u2014 (a) the tanker on which such service is performed is of less than 3,000 GT; (b) the duration of each voyage of the tanker on which such approved service is performed does not exceed seventy-two hours, and (c) the operational characteristics of the tanker on which such approved service is performed and the number of voyages and loading and discharging operations completed during the period, allow the same level of knowledge and experience to be acquired as would have been acquired in approved service performed in accordance with subregulation (1)(a) on a tanker of a size, and performing voyages, not falling within paragraphs (a) and (b). (3) Masters, chief engineer officers, chief mates, second engineer officers and any person with immediate responsibility for loading, discharging and care in transit or handling of cargo in tankers shall, in addition to meeting the requirements of subregulation (1), have \u2014 Regulation 11 Merchant Shipping (Certification, Safe Manning, Hours of Work and Watchkeeping) Regulations (a) experience appropriate to their duties on the type of tanker on which they serve; and (b) completed an approved specialised training programme which at least covers the subjects set out in section A-V\/1 of the STCW Code that are appropriate to their duties on the tanker on which they serve, or provide evidence of having achieved the required standard of competence within the previous five years. (4) Where the Director is satisfied that a seafarer is duly qualified in accordance with subregulations (1) and (2) or subregulation (3), he may issue to such seafarer an appropriate certificate to that effect, and the seafarer holding such a certificate shall be accepted for service as referred to in those subregulations on Cayman Islands ships. (5) A certificate or other documentary evidence issued by or under the authority of an STCW country confirming that the holder has received the training required under subregulations (1) and (2) or subregulation (3), may be accepted for service as referred to in those subregulations on Cayman Islands ships.\", \"element\": \"section\", \"heading\": null}, {\"eId\": \"sec_11\", \"num\": \"11.\", \"text\": \"Training and qualifications of masters and seamen on ro-ro passenger ships 11. (1) This regulation applies to masters and seamen serving on board ro-ro passenger ships. (2) Prior to being assigned shipboard duties on board ro-ro passenger ships, seafarers shall have completed the training required by subregulations (4) to (8) in accordance with their capacity, duties and responsibilities. (3) Seafarers who are required to be trained in accordance with subregulations (4), (7) and (8) shall, at intervals not exceeding five years, undertake appropriate refresher training or be required to provide evidence of having achieved the required standards of competence within the previous five years; and in this subregulation \u2014 \u201crequired standards of competence\u201d means the standards of competence the attainment of which is achieved by the training referred to in subregulations (4), (7) and (8). (4) Masters and seamen designated on muster lists to assist passengers in emergency situations on board ro-ro passenger ships shall have completed training in crowd management as specified in section A-V\/12, paragraph 1 of the STCW Code. (5) Masters and seamen assigned specific duties and responsibilities on board roro passenger ships shall have completed the familiarisation training specified in section A-V\/2, paragraph 2 of the STCW Code. Merchant Shipping (Certification, Safe Manning, Hours of Work and Watchkeeping) Regulations Regulation 12 (6) Seamen providing direct service to passengers in passenger spaces on board ro-ro passenger ships shall have completed the safety training specified in section A-V\/2, paragraph 3 of the STCW Code. (7) Masters, chief mates, chief engineer officers, second engineer officers and every person assigned immediate responsibility for embarking and disembarking passengers, loading, discharging or securing cargo, or closing hull openings on board ro-ro passenger ships shall have completed approved training in passenger safety, cargo safety and hull integrity as specified in section A-V\/2, paragraph 4 of the STCW Code. (8) Masters, chief mates, chief engineer officers, second engineer officers and any person having responsibility for the safety of passengers in emergency situations on board ro-ro passenger ships shall have completed approved training in crisis management and human behaviour as specified in section AV\/2, paragraph 5 of the STCW Code. (9) Documentary evidence issued by or under the authority of an STCW country confirming that the holder has received the training required under this regulation, may be accepted for service on Cayman Islands ro-ro passenger ships. 12. Training and qualifications of masters and seamen on passenger ships other than ro-ro passenger ships 12. (1) This regulation applies to masters and seamen serving on-board passenger ships, other than ro-ro passenger ships. (2) Prior to being assigned shipboard duties on board passenger ships, seafarers shall have completed the training required by subregulations (4) to (8) in accordance with their capacity, duties and responsibilities. (3) Seafarers who are required to be trained in accordance with subregulations (4), (7) and (8) shall, at intervals not exceeding five years, undertake appropriate refresher training or be required to provide evidence of having achieved the required standards of competence within the previous five years; and in this subregulation \u2014 \u201crequired standards of competence\u201d means the standards of competence the attainment of which is achieved by the training referred to in subregulations (4), (7) and (8). (4) Masters and seamen designated on muster lists to assist passengers in emergency situations on board passenger ships shall have completed training in crowd management as specified in Section A-V\/3, paragraph 1 of the STCW Code. (5) Masters and seamen assigned specific duties and responsibilities on board passenger ships shall have completed the familiarisation training specified in section A-V\/3, paragraph 2 of the STCW Code. Regulation 13 Merchant Shipping (Certification, Safe Manning, Hours of Work and Watchkeeping) Regulations (6) Seamen providing direct service to passengers on board passenger ships in passenger spaces shall have completed the safety training specified in Section A-V\/3, paragraph 3 of the STCW Code. (7) Masters, chief mates, and every person assigned immediate responsibility for embarking and disembarking passengers shall have completed approved training in passenger safety as specified in Section A-V\/3, paragraph 4, of the STCW Code. (8) Masters, chief mates, chief engineer officers, second engineer officers and any person having responsibility for the safety of passengers in emergency situations on board passenger ships shall have completed approved training in crisis management and human behaviour as specified in Section A-V\/3, paragraph 5 of the STCW Code. (9) Documentary evidence issued by or under the authority of an STCW country confirming that the holder has received the training required under this regulation, may be accepted for service on Cayman Islands passenger ships other than ro-ro passenger ships.\", \"element\": \"section\", \"heading\": null}, {\"eId\": \"sec_13\", \"num\": \"13.\", \"text\": \"Training and qualifications of masters and seamen on high-speed craft 13. (1) This regulation applies to masters and seamen serving on board high-speed craft which are ships constructed on or after the 1st January, 1996. (2) Prior to being assigned shipboard duties on board high speed craft, masters and seamen shall have completed the training specified in the Third Schedule. (3) A certificate or other documentary evidence issued by or under the authority of an STCW country confirming that the holder has received the training required under this regulation may be accepted for service on Cayman Islands ships which are high-speed craft. 14. Familiarisation and basic safety training, etc., for all seafarers 14. All seafarers shall receive familiarisation, basic safety training or instruction in accordance with Section A-VI\/1 of the Annex to the STCW Code and shall meet the appropriate standard of competence specified therein. 15. Requirements for the holding of certificates of proficiency in survival craft and rescue boats 15. (1) Every person designated to launch or take charge of survival craft or rescue boats, other than fast rescue boats, shall meet the criteria specified in Regulation VI\/2.1 of the Annex to the STCW Convention and be in possession of a certificate of proficiency in such craft. (2) Every person designated to launch or take charge of a fast rescue boat shall meet the criteria specified in Regulation VI\/2.2 of the Annex to the STCW Convention and be in possession of a certificate of proficiency in such boats. Merchant Shipping (Certification, Safe Manning, Hours of Work and Watchkeeping) Regulations Regulation 16 (3) Where the Director is satisfied that a person as referred to in subregulation (1) or (2) meets the criteria referred to, respectively, in those subregulations, he may issue to such person an appropriate certificate of proficiency, and the holder of such certificate shall be accepted for service on Cayman Islands ships. (4) A certificate of proficiency or an equivalent certificate issued by or under the authority of an STCW country confirming that the holder has received the training required under this regulation may be accepted for service on Cayman Islands ships. (5) In this regulation \u2014 \u201cfast rescue boat\u201d means a rescue boat which is \u2014 (i) not less than six metres in length and not more than eight and one half metres in length; and (ii) capable of manoeuvring, for at least four hours, at a speed of at least twenty knots in calm water with a suitably qualified crew of three persons and at least eight knots with a full complement of persons and equipment; \u201crescue boat\u201d means a boat designed and constructed, in compliance with the relevant provisions of Chapter III to the Annex to the Safety Convention, to rescue persons in distress and to marshal survival craft; and \u201csurvival craft\u201d means a craft capable of sustaining the lives of persons in distress from the time of abandoning the ship.\", \"element\": \"section\", \"heading\": null}, {\"eId\": \"sec_16\", \"num\": \"16.\", \"text\": \"Requirements for training in advanced fire-fighting 16. (1) Seafarers designated to control fire-fighting operations shall have successfully completed advanced training in techniques for fighting fire with particular emphasis on organisation, tactics and command in accordance with the provisions of Section A-VI\/3 of the STCW Code and shall meet the standard of competence specified therein. (2) Where training in advanced fire fighting is not included in the qualifications for the issue of a certificate held by a seafarer, he shall be in possession of a special certificate or other appropriate documentary evidence indicating that he has attended a course of training in advanced fire fighting. (3) A certificate or other documentary evidence issued by or under the authority of an STCW country confirming that the holder has received the training required under this regulation may be accepted for service on Cayman Islands ships where the holder is designated to control the operations referred to in paragraph (1). Regulation 17 Merchant Shipping (Certification, Safe Manning, Hours of Work and Watchkeeping) Regulations\", \"element\": \"section\", \"heading\": null}, {\"eId\": \"sec_17\", \"num\": \"17.\", \"text\": \"Requirements relating to medical first aid and medical care 17. (1) Seafarers designated to provide medical first aid on board ship shall meet the standard of competence in medical first aid specified in Section A-VI\/4, paragraphs 1 to 3 of the STCW Code. (2) Seafarers designated to take charge of medical care on board ship shall meet the standard of competence in medical care on board ships specified in Section A-VI\/4, paragraphs 4 to 6 of the STCW Code. (3) Where training in medical first aid or medical care is not included in the qualifications for the issue of a certificate held by a seafarer, he shall be in possession of a special certificate or other appropriate documentary evidence indicating that he has attended a course in medical first aid or medical care. (4) A certificate or other documentary evidence issued by or under the authority of an STCW country confirming that the holder has received the training required under this regulation may be accepted for service on Cayman Islands ships where the holder is designated to provide the medical first aid or medical care referred to in subregulation (1) or (2).\", \"element\": \"section\", \"heading\": null}, {\"eId\": \"sec_18\", \"num\": \"18.\", \"text\": \"Issue, form, validity, record and surrender of endorsements 18. (1) A seafarer, on application and payment of the prescribed fee shall be entitled to be issued an endorsement provided he meets the requirements set out in these regulations. (2) Endorsements under these regulations shall be issued by the Director. (3) An endorsement shall remain valid for sea-going service only so long as the holder can comply with the standards and conditions as to medical fitness and professional competence to act in the appropriate capacity specified by the Director. (4) A record of all endorsements which are issued under these regulations, or which have expired or have been suspended, cancelled, or reported lost or destroyed, and any alteration of or any other matters affecting any such certificates or endorsements, shall be kept in such manner as the Director may require which shall include at least the details specified in the Fourth Schedule and any other details which may be specified by the IMO from time to time. (5) Where a person is convicted of an offence under section 111(6) or where a certificate or endorsement is issued and the conditions for its issue prescribed in these regulations or specified by the Director have not been complied with, then the holder of the relevant endorsement shall, at the direction of the Director, deliver it for cancellation to the Director, or to such person as the Director directs. (6) In this regulation and regulation 19 \u2014 Merchant Shipping (Certification, Safe Manning, Hours of Work and Watchkeeping) Regulations Regulation 19 \u201cendorsement\u201d means endorsement of the recognition of a certificate under regulation 6. 19. Loss of endorsements 19. Where a person is deprived of an endorsement issued to him, the Director \u2014 (a) if satisfied that the person has lost or been deprived of the endorsement without fault on his part shall; and (b) if he is not so satisfied, may, upon receipt of any fee payable, cause a certified copy of the endorsement to be issued to him. PART III - HOVERCRAFT\", \"element\": \"section\", \"heading\": null}, {\"eId\": \"sec_20\", \"num\": \"20.\", \"text\": \"Application to hovercraft 20. This Part applies to every sea-going hovercraft registered in the Islands which was constructed on or after the 1st January, 1996.\", \"element\": \"section\", \"heading\": null}, {\"eId\": \"sec_21\", \"num\": \"21.\", \"text\": \"Requirements for the training of hovercraft personnel 21. (1) It shall be the duty of every owner of a hovercraft to which this Part applies to ensure that masters and seamen have completed the training as specified by the Director. (2) It shall be the duty of every person providing the training referred to in this regulation to issue documentary evidence to every person successfully completing such training. In the case of masters, and of officers having an operational role on high speed craft, the documentary evidence shall be a certificate in a form specified by the Director which shall be endorsed in a manner specified by the Director. (3) Any owner who contravenes subregulation (1) is guilty of an offence and liable on summary conviction to a fine of ten thousand dollars.\", \"element\": \"section\", \"heading\": null}, {\"eId\": \"sec_22\", \"num\": \"22.\", \"text\": \"Application of Part III to endorsements 22. Regulations 18 and 19 apply to endorsements issued under regulation 21 as they apply to other certificates endorsed under these regulations. 23. Exemption from hovercraft requirements 23. The Director may exempt the owner of any hovercraft from any of the requirements of regulation 21 subject to such conditions as he may specify, and may alter or cancel any exemption so granted. Regulation 24 Merchant Shipping (Certification, Safe Manning, Hours of Work and Watchkeeping) Regulations PART IV - SAFE MANNING\", \"element\": \"section\", \"heading\": null}, {\"eId\": \"sec_24\", \"num\": \"24.\", \"text\": \"Responsibilities of companies, masters and others 24. (1) This regulation applies only to Cayman Islands ships. (2) Every company or operator shall ensure that \u2014 (a) every seafarer assigned to any of its ships holds an appropriate certificate in respect of any function he is to perform on that ship; (b) every seafarer on any of its ships has had training specified in these regulations in respect of any function that he is to perform on that ship; and (c) documentation and data relevant to all seafarers employed on its ships are maintained and readily available for inspection and include, without being limited to, documentation and data on their experience, training, medical fitness and competence in assigned duties. (3) Nothing in subregulation (2) shall prohibit the allocation of tasks for training under supervision or in case of force majeure. (4) The company shall provide written instructions to the master of each of its ships setting out the policies and the procedures to be followed to ensure that all seafarers who are newly employed on board the ship are given a reasonable opportunity to become familiar with the shipboard equipment, operating procedures and other arrangements needed for the proper performance of their duties, before being assigned to those duties. (5) The policies and procedures referred to in subregulation (4) shall include \u2014 (a) allocation of a reasonable period of time during which each newly employed seafarer will have an opportunity to become acquainted with \u2014 (i) the specific equipment the seafarer will be using or operating; and (ii) ship-specific watchkeeping, safety, environmental protection and emergency procedures and arrangements the seafarer needs to know to perform the assigned duties properly; and (b) designation of a knowledgeable crew member who will be responsible for ensuring that an opportunity is provided to each newly employed seaman to receive essential information in a language the seaman understands. (6) It shall be the duty of every seafarer required to carry out any obligation arising under subregulation (4), to carry out that obligation. Merchant Shipping (Certification, Safe Manning, Hours of Work and Watchkeeping) Regulations Regulation 25\", \"element\": \"section\", \"heading\": null}, {\"eId\": \"sec_25\", \"num\": \"25.\", \"text\": \"Safe manning document 25. (1) It shall be the duty of the company to ensure that in relation to every ship of 500 GT or more \u2014 (a) a safe manning document is in force in respect of the ship and the manning of the ship; (b) the safe manning document is kept on board the ship at all times; and (c) the manning of the ship is maintained at all times to at least the levels specified in the safe manning document. (2) The master of a ship to which this regulation applies shall ensure that the ship does not proceed to sea unless there is on board a valid safe manning document issued in respect of the ship and the manning of the ship complies with that document. (3) It shall be the duty of the company applying for the safe manning document in respect of any Cayman Islands ship to submit to the Director proposals as to the numbers and grade of personnel it considers should be carried so that the ship would be safely manned if it proceeded to sea on any intended voyages; (4) In preparing such proposals the company shall take into account the guidelines contained in the Fifth Schedule and any additional guidance issued by the Director; (5) It shall be the duty of the company after the issue of a safe manning document to inform the Director as soon as any of the circumstances which are pertinent to that safe manning document change, for the purpose of enabling the Director to review the document\u2019s continuing validity or approve new proposals from the company. (6) The safe manning document referred to in subregulation (1)(a) shall be in the form prescribed by the Director. (7) Subject to subregulation (8), if a member of the crew specified in the safe manning document is incapacitated through accident or sudden illness or is unable to sail due to disciplinary action; or in any other unforeseen circumstances causing the available complement on the ship to be less than that prescribed in the safe manning document, the final decision as to whether the ship should proceed to sea shall rest with the master. (8) Prior to making any such decision to proceed to sea as referred to in subregulation (7), the master shall ensure that \u2014 (a) the duration of the voyage is no more than twenty-one days and limited only to the next port of call; (b) subject to regulation 31, suitable watchkeeping arrangements can be maintained throughout the voyage for the safe operation of the ship and Regulation 26 Merchant Shipping (Certification, Safe Manning, Hours of Work and Watchkeeping) Regulations the protection of the environment, having due regard to the requirements of regulations 28, 29 and 30; (c) necessary adjustments can be made to the muster list to meet any emergency situation; (d) the replacement seafarer would be available to join the ship at the next port of call; (e) the Director is kept fully informed of the circumstances; and (f) appropriate entries are made in the ship\u2019s official log book, relating to the circumstances. (9) The Fifth Schedule applies in respect of this regulation. 26. Dispensations 26. (1) Subject to subregulation (2), the Director may, in circumstances of exceptional necessity and where in his opinion no danger to persons, property or the environment will be caused, issue a dispensation permitting a specified seafarer to serve in a specified ship for a specified period not exceeding six months in a capacity, other than that of a radio operator, or a radiotelephone operator, except as provided by the relevant radio regulations, for which he does not hold the appropriate certificate, provided the person to whom the dispensation is issued is adequately qualified to fill the vacant post in a safe manner, in accordance with the applicable safe manning requirements. (2) A dispensation shall not be granted to a person to act as a master or chief engineer except in circumstances of force majeure, and in any event, such dispensation, where granted, shall be granted only to an officer at the management level and for the shortest duration possible and in granting a dispensation under this subregulation, the Director shall specify the particular voyage or part of a voyage for which the dispensation will be valid. (3) A dispensation shall only be granted to a person properly certificated to fill the post immediately below; and where certification for such post is not required under these regulations, a dispensation may be issued to a person whose qualifications and experience are, in the opinion of the Director, of a clear equivalence to the requirements for the post to be filled, provided that, if such person does not hold an appropriate certificate, he shall be required to pass a test acceptable to the Director as demonstrating that such a dispensation may safely be issued. (4) Where a dispensation is granted under this regulation, the Director shall ensure that the post in question is filled by the holder of an appropriate certificate as soon as possible. (5) The Director shall, as soon as possible after the 1st January of each year, submit to the Secretary of State of the United Kingdom responsible shipping for onward transmission to the Secretary-General, a report indicating the total Merchant Shipping (Certification, Safe Manning, Hours of Work and Watchkeeping) Regulations Regulation 27 number of dispensations granted for each capacity for which an appropriate certificate is required in respect of all sea-going Cayman Islands ships, and the numbers of those ships above and below 1,600 GT respectively. PART V - HOURS OF WORK\", \"element\": \"section\", \"heading\": null}, {\"eId\": \"sec_27\", \"num\": \"27.\", \"text\": \"Application of Part V 27. This Part applies only to Cayman Islands ships.\", \"element\": \"section\", \"heading\": null}, {\"eId\": \"sec_28\", \"num\": \"28.\", \"text\": \"General duty of company, employers and masters regarding hours of work 28. (1) Subject to regulation 31, it shall be the duty of every company in respect of a ship, and of every employer, to ensure, so far as is reasonably practicable, that seafarers do not work more hours than is safe in relation to the safety of the ship and the seafarers\u2019 performance of their duties. (2) Subject to regulation 31, it shall be the duty of every master of a ship to ensure, so far as is reasonably practicable, that the seamen do not work more hours than is safe in relation to the safety of the ship and the seamen\u2019s performance of their duties.\", \"element\": \"section\", \"heading\": null}, {\"eId\": \"sec_29\", \"num\": \"29.\", \"text\": \"Duties of seafarers regarding rest periods 29. Every seafarer shall, so far as is reasonably practicable, ensure that he is properly rested when commencing duty on a ship and that he obtains adequate rest during periods when he is off duty.\", \"element\": \"section\", \"heading\": null}, {\"eId\": \"sec_30\", \"num\": \"30.\", \"text\": \"Schedules of duties and need to maintain records 30. (1) It shall be the duty of the company to produce a schedule of duties complying with this regulation. (2) Where the company is not also the employer of all the seafarers, it shall consult any other person who is an employer of any of the seafarers before production of the schedule. (3) The company may arrange with any such employer that the employer is to produce a schedule of duties complying with this regulation and in such a case that employer shall also be subject to the duties of the company under this regulation. (4) Before producing a schedule the company shall seek the views of the master, and the master shall seek, and convey to the company, the views of the seamen or their representatives. (5) Subject to subregulation (6), a schedule complies with this regulation if \u2014 (a) it sets out the hours of work for \u2014 Regulation 30 Merchant Shipping (Certification, Safe Manning, Hours of Work and Watchkeeping) Regulations (i) masters and seamen whose work includes regular watchkeeping duties or ship handling; and (ii) the ship\u2019s chief engineer, chief officer and second engineer officer, so as to provide that they do not work more hours than is safe in relation to the safety of the ship and the master\u2019s and seamen\u2019s performance of their duties; (b) it specifies the maximum period of continuous watchkeeping, the minimum rest period between watches, and the total daily, weekly and monthly hours of work; and (c) it provides a minimum of ten hours of rest in any twenty-four hour period, which may be divided into no more than two periods, one of which shall be at least six hours in length. (6) Notwithstanding subregulation (5)(c), the minimum period of ten hours may be reduced to not less than six consecutive hours on condition that any such reduction shall not extend beyond two days and not less than seventy hours of rest are provided in each seven day period. (7) The company shall give consideration to the nature of the shipping operation and the voyages to be undertaken in arranging hours of work at sea and in port. (8) The schedule may be changed by the company, or by an employer who, by virtue of subregulation (3), is subject to duties of the company, on condition that \u2014 (a) other employers and the company (as the case may be) have been consulted; (b) the company or the employer has sought the views of the master on the proposed changes and the master has sought and conveyed to the company the views of the seamen or their representatives; and (c) the schedule, as changed, complies with subregulation (5). (9) The company shall ensure that the schedule is displayed prominently in the crew accommodation for the information of all the seafarers and that it is in a standardised format in the working language of the ship and in English. (10) It shall be the duty of the master to ensure, as far as reasonably practicable, that the hours of work specified in the schedule are not exceeded. (11) The following requirements apply with respect to the schedule produced in accordance with subregulation (1): (a) the company and the master shall maintain on the ship a copy of the schedule, and a record of all deviations from its requirements; (b) the company for the time being shall ensure that a copy of the schedule and of the record of all deviations from its requirements are preserved for five years from the date the schedule was introduced, and that they are Merchant Shipping (Certification, Safe Manning, Hours of Work and Watchkeeping) Regulations Regulation 31 available for inspection by the Shipping Master, a proper officer or a surveyor as defined in the Law, or an inspector appointed under section 414; (c) if during the five year period there ceases to be a company in relation to the ship, the duty to preserve the copies of the schedule and of the record shall remain with the last such company; and (d) the master shall give to every seaman a copy of the schedule pertaining to that seaman, which copy shall be signed by the master or a person authorised by the master, and by the seaman. (12) Musters, fire-fighting and lifeboat drills shall be conducted in a manner that minimises the disturbance of the rest periods and does not induce fatigue. (13) Where a seafarer is on call, such as where a machinery space is unattended, an adequate compensatory rest period shall be given to such seafarer if the normal period of rest is disturbed by call-outs to work. (14) In this regulation and regulation 31 \u2014 \u201cschedule\u201d means the schedule of duties referred to in subregulation (1).\", \"element\": \"section\", \"heading\": null}, {\"eId\": \"sec_31\", \"num\": \"31.\", \"text\": \"Exceptions for emergencies 31. (1) The requirements for rest periods specified in subregulations (5)(c) and (6) of regulation 30 need not be maintained in case of any emergency including giving assistance to other ships or persons in distress at sea. (2) Without prejudice to the generality of subregulation (1), a seafarer may participate in a navigational, engine room or machinery watch although he has not had the rest period provided by the schedule produced under regulation 29, and the master may exceed, and any number of seamen may be required to exceed, the schedule\u2019s work or duty periods, when in the opinion of the master it is necessary to meet an emergency threatening the safety of the ship or the life of any person or threatening damage to the environment, until the emergency is over. (3) As soon as practicable after the emergency is over, the master shall ensure that any seamen who have performed work in a scheduled rest period are provided with an adequate period of rest. (4) When, under subregulation (1), a seafarer has worked within a rest period provided for by the schedule, his name shall be entered in the record required to be maintained by regulation 30(11), together with the reason why he is so worked.\", \"element\": \"section\", \"heading\": null}, {\"eId\": \"sec_32\", \"num\": \"32.\", \"text\": \"Duty to carry copy of regulations 32. There shall be carried on board every Cayman Islands ship to which these regulations apply a copy of Parts V and VI of these regulations. Regulation 33 Merchant Shipping (Certification, Safe Manning, Hours of Work and Watchkeeping) Regulations 33. Failure to comply with provisions relating to hours of work and rest 33. (1) Where the records or other evidence indicate a failure, on the part of any person concerned, to comply with the provisions of these regulations relating to hours of work and rest, the Director shall take such measures as he may deem necessary to ensure that such failure to comply is not repeated. (2) The measures referred to in this regulation may include a revision of the safe manning requirements. PART VI - WATCHKEEPING\", \"element\": \"section\", \"heading\": null}, {\"eId\": \"sec_34\", \"num\": \"34.\", \"text\": \"Watchkeeping arrangements 34. (1) The master of any ship shall ensure that the watchkeeping arrangements for the ship are at all times adequate for maintaining safe navigational and engineering watches having regard to Chapter VIII of Section A of the STCW Code. (2) Without prejudice to the duties of the master provided by subregulation (1), the master shall give directions to the deck watchkeeping officers responsible for navigating the ship safely during their periods of duty, in accordance with Section A-VIII\/2, Part 3-1 of the STCW Code and any requirements specified in the Fifth Schedule. (3) The chief engineer officer of any ship shall ensure that the engineering watchkeeping arrangements for the ship are at all times adequate for maintaining a safe watch, in accordance with Section A-VIII\/2, Part 3-2 of the STCW Code, and when deciding the composition of the watch the chief engineer officer shall observe the principles set out in Part 3-2 of that Section and the requirements specified in the Fifth Schedule.\", \"element\": \"section\", \"heading\": null}, {\"eId\": \"sec_35\", \"num\": \"35.\", \"text\": \"Watchkeeping arrangements in port 35. The master of any ship which is safely moored or safely at anchor under normal circumstances in port shall arrange for an appropriate and effective watch to be maintained for the purposes of safety. Such arrangements shall be in accordance with Section A-VIII\/2, Part 4 of the STCW Code and any operational guidance specified in the Fifth Schedule. 36. Watchkeeping arrangements in port for ships carrying hazardous cargo 36. (1) The master of any ship which is carrying hazardous cargo and which is in port, even when safely moored or safely at anchor, shall in addition to any watchkeeping arrangements required under regulation 35, in the case of a ship carrying hazardous cargo \u2014 Merchant Shipping (Certification, Safe Manning, Hours of Work and Watchkeeping) Regulations Regulation 37 (a) in bulk, ensure that a safe deck watch and safe engineering watch are maintained by the ready availability on board of a duly qualified officer or officers, and where appropriate, ratings; and (b) other than in bulk, ensure that in organising safe watchkeeping arrangements he takes account of the nature, quality, packing and stowage of the hazardous cargo and of any special conditions on board, afloat and ashore. (2) Such watchkeeping arrangements shall take full account of the principles and requirements specified by the Director and as provided in the Fifth Schedule. PART VII - MISCELLANEOUS\", \"element\": \"section\", \"heading\": null}, {\"eId\": \"sec_37\", \"num\": \"37.\", \"text\": \"Prohibition on the employment of young persons 37. (1) No person under the age of sixteen shall be employed on a ship. (2) No person under the age of eighteen shall be employed as a trimmer or stoker on a ship. (3) No seaman under the age of eighteen shall work at night. (4) In subregulation (3) \u2014 \u201cnight\u201d means a period of at least nine consecutive hours, including the period from midnight to 0500 hours.\", \"element\": \"section\", \"heading\": null}, {\"eId\": \"sec_38\", \"num\": \"38.\", \"text\": \"Carriage of STCW certificates and documents 38. Without prejudice to regulation 24, the company and the master shall ensure that there are carried at all times on board ship all original certificates and other documents issued under the STCW Convention indicating the qualification of any member of the crew to perform functions which they are required to perform aboard ship in the course of their designated duties.\", \"element\": \"section\", \"heading\": null}, {\"eId\": \"sec_39\", \"num\": \"39.\", \"text\": \"Inspection of ships 39. (1) An authorised person may inspect any ship while in a Cayman Islands port or roadstead for the purposes of \u2014 (a) verifying that all seafarers serving on board who are required to be certificated hold valid appropriate certificates and endorsements or valid dispensations or have provided the documentary proof required by Regulation I\/10, paragraph 5 of the STCW Convention, or where regulation 6(4) is applicable, the requirements of that provision have been met; Regulation 39 Merchant Shipping (Certification, Safe Manning, Hours of Work and Watchkeeping) Regulations (b) verifying that the numbers and certificates of the seafarers serving on board are in conformity with the applicable safe manning requirements; and (c) assessing the ability of the seafarers in the ship to maintain the watchkeeping standards required by these regulations where there are clear grounds for believing that such standards are not being maintained because, while in a Cayman Islands port or roadstead, any of the following have occurred \u2014 (i) the ship has been involved in a collision, grounding or stranding; (ii) there has been an unlawful discharge of substances from the ship when underway, at anchor or at a berth; (iii) the ship has been manoeuvred in an erratic or unsafe manner, or navigational course markers or traffic separation schemes have not been followed; or (iv) the ship has otherwise been operated in such a manner as to pose a danger to persons, property or the environment. (2) Where an authorised person finds on inspection any deficiency of a kind specified in subregulation (3) he shall notify in writing the master of the ship and in the case of a ship which is not a Cayman Islands ship, the nearest maritime consular or diplomatic representative of the flag state, and, where practicable, the relevant authorities of the flag state. (3) Deficiencies referred to in subregulation (2) are \u2014 (a) a failure by any seafarer required to hold an appropriate certificate, to have a valid appropriate certificate, an endorsement or a valid dispensation; (b) a failure of any seafarer to produce the documentary proof required by Regulation I\/10, paragraph 5, of the STCW Convention, or, where regulation 6(4) is applicable, the requirements of that provision have not been met; (c) a failure to comply with the applicable safe manning requirements; (d) a failure of navigational or engineering watch arrangements to conform to the requirements specified for the ship by the competent authority of the country in which the ship is registered; (e) an absence on a watch of a person qualified to operate equipment essential to safe navigation, safety radio communications or the prevention of marine pollution; and (f) an inability of the master to provide adequately rested persons for the first watch at the commencement of a voyage and for subsequent relieving watches. Merchant Shipping (Certification, Safe Manning, Hours of Work and Watchkeeping) Regulations Regulation 40 (4) The certificates, endorsements and dispensations referred to in subregulation (1) shall be accepted by the authorised person carrying out the inspection unless there are clear grounds for believing that a certificate has been fraudulently obtained or that the holder of a certificate is not the person to whom that certificate was originally issued. (5) This regulation applies to a Cayman Islands ship wherever it may be.\", \"element\": \"section\", \"heading\": null}, {\"eId\": \"sec_40\", \"num\": \"40.\", \"text\": \"Power to detain 40. In any case where it is found \u2014 (a) in relation to a Cayman Islands ship, that there is any contravention of these regulations; or (b) in relation to a non-Cayman Islands ship, that there is \u2014 (i) any contravention of regulation 25 34, 35 or 36; or (ii) a failure to correct a deficiency of a kind specified in regulation 39(3) after notification to the master under regulation 39(2), and there is in consequence a danger to persons, property or the environment, the ship may be detained, and section 439 shall apply as if for the words \u201cthe Law\u201d, whenever they appear, there were substituted the words \u201cthe Merchant Shipping (Certification, Safe Manning, Hours of Work, and Watchkeeping) Regulations (2004 Revision)\u201d.\", \"element\": \"section\", \"heading\": null}, {\"eId\": \"sec_41\", \"num\": \"41.\", \"text\": \"Parity of treatment of STCW ships and non-STCW ships 41. Regulations 39 and 40 shall be applied as may be necessary to ensure that no more favourable treatment is given to non-STCW ships than is given to STCW ships. 42. Maintenance of register of certificates and endorsements issued and provision of information relating thereto 42. (1) The Director shall maintain a register of all certificates and endorsements which have been issued, expired, revalidated, suspended, cancelled or reported lost or destroyed and of dispensations issued. (2) The Director shall make available information on the status of such certificates, endorsements and dispensations as are referred to in subregulation (1), to the authorities of other STCW countries and companies who request verification of the authenticity and validity of certificates produced to them by seafarers seeking recognition of their certificates or for employment on board ship. (3) The Director may request from the authorities of other STCW countries information on certificates, endorsements and dispensations issued by them, where such certificates, endorsements and dispensations are produced to the Director by seafarers seeking recognition of their certificates under Regulation 43 Merchant Shipping (Certification, Safe Manning, Hours of Work and Watchkeeping) Regulations regulation 5 or for seeking employment on board Cayman Islands sea-going ships or by seafarers serving on board non-Cayman Islands ships operating in Cayman Islands waters.\", \"element\": \"section\", \"heading\": null}, {\"eId\": \"sec_43\", \"num\": \"43.\", \"text\": \"Offences 43. (1) A company which contravenes regulation 24(2) or (4), 25(1), (3), (4) or (5), 30(1), (2), (8) or (11), or 38 is guilty of an offence and liable on summary conviction to a fine of twenty-five thousand dollars or, on indictment to a fine of fifty thousand dollars and (in the case of an individual) to imprisonment for twelve months. (2) A master who contravenes regulation 24(6), 25(2), 28(2), 34(1) or (2), 35, 36 or 38 is guilty of an offence and liable on summary conviction to a fine of fifteen thousand dollars, or on indictment to a fine of twenty-five thousand dollars and to imprisonment for twelve months. (3) Where an employer has, under regulation 30(3), become subject to the duties of the company under that regulation, any contravention of regulation 30(1), (2), (8) or (11) by the employer is an offence punishable on summary conviction by a fine of twenty-five thousand dollars, or, on indictment by a fine of fifty thousand dollars and (in the case of an individual) by imprisonment for six months. (4) A seafarer who contravenes regulation 24(6) is guilty of an offence and on summary conviction liable to a fine not exceeding level 3 on the standard scale. (5) A chief engineer officer who contravenes regulation 34(3) is guilty of an offence and on summary conviction liable to a fine not exceeding level 5 on the standard scale. (6) A company which contravenes regulation 28(1) is guilty of an offence and on summary conviction liable to a fine not exceeding level 5 on the standard scale. (7) An employer who contravenes regulation 28(1) is guilty of an offence and on summary conviction liable to a fine not exceeding level 5 on the standard scale. (8) A master who contravenes regulation 30(10) or (11) is guilty of an office and on summary conviction liable to a fine not exceeding level 1 on the standard scale. (9) A seafarer who contravenes regulation 29 is guilty of an offence and on summary conviction liable to a fine not exceeding level 1 on the standard scale. Merchant Shipping (Certification, Safe Manning, Hours of Work and Watchkeeping) Regulations Regulation 44 (10) It shall be a defence for a person charged with an offence under these regulations to prove that he took all reasonable steps to avoid commission of the offence. (11) In proceedings for an offence under these regulations consisting of a failure to comply with a duty or requirement to do something so far as is reasonably practicable, it shall be for the accused to prove that it was not reasonably practicable to do more than was in fact done to satisfy the duty or requirement.\", \"element\": \"section\", \"heading\": null}, {\"eId\": \"sec_44\", \"num\": \"44.\", \"text\": \"Requirements for pleasure vessels in commercial use 44. The requirement for certification, safe manning, hours of work and watchkeeping in respect of pleasure yachts in commercial use under 3000 GT shall be in accordance with the relevant provisions of the Code referred to in regulation 4 of the Merchant Shipping (Vessels in Commercial Use for Sport or Pleasure) Regulations, 2002. 45. Exemptions 45. The Director may grant, on such terms, if any, as he may specify, exemptions from all or any provisions of these regulations for classes of cases or individual cases. Merchant Shipping (Certification, Safe Manning, Hours of Work and Watchkeeping) Regulations FIRST SCHEDULE FIRST SCHEDULE FIRST SCHEDULE regulation 6(2) FORM OF ENDORSEMENT FOR RECOGNITION OF A CERTIFICATE ENDORSEMENT ATTESTING TO THE RECOGNITION OF A CERTIFICATE UNDER THE PROVISIONS OF THE INTERNATIONAL CONVENTION ON STANDARDS OF TRAINING, CERTIFICATION AND WATCHKEEPING FOR SEAFARERS, 1978, AS AMENDED IN 1995 duly recognised in accordance with the provisions of regulation I\/10 of the above Convention, as amended, and the lawful holder is authorised to perform the following functions at the levels specified, subject to any limitations indicated, until this endorsement as may be shown overleaf: FUNCTION LEVEL LIMITATIONS APPLYING (IF ANY) The lawful holder of this endorsement may serve in the following capacity or capacities specified in the applicable safe manning requirements of the Cayman Islands- FIRST SCHEDULE Merchant Shipping (Certification, Safe Manning, Hours of Work and Watchkeeping) Regulations Official Seal CAPACITY LIMITATIONS APPLYING (IF ANY) Signature of duly authorised official Signature of duly authorised official The original of this endorsement must be kept available in accordance with regulation I\/2, paragraph 9, of the Convention while serving on a ship. Photograph of the holder of the certificate Signature of duly authorised official Photograph Merchant Shipping (Certification, Safe Manning, Hours of Work and Watchkeeping) Regulations FIRST SCHEDULE The validity of the endorsement is hereby extended until Signature of duly authorised official SECOND SCHEDULE Merchant Shipping (Certification, Safe Manning, Hours of Work and Watchkeeping) Regulations SECOND SCHEDULE regulation 5(4) KNOWLEDGE OF ENGLISH LANGUAGE AND NATIONAL LEGISLATION 1. KNOWLEDGE OF ENGLISH LANGUAGE 1.1 Common language on board a vessel It is a requirement that a common language exists on board a Cayman Islands ship to ensure that there is effective communication among and between all personnel. This common, or working, language need not necessarily be English, but there is a requirement, as set out in paragraph 1.2, for the ship\u2019s officers to be able to communicate in English. 1.2 Officers required to have an appropriate level of proficiency in English language It is a requirement that the officers on board a Cayman Islands ship, at both operational and management level, and irrespective of the common language of the ship, have an appropriate level of proficiency in the English language, commensurate with the functions the officer is permitted to perform. 1.3 Evidence of proficiency in English language If the Director is satisfied that, according to the applicant's original STCW certificate, he was tested adequately in oral and written English language skills, or if the applicant can provide other suitable evidence to this effect, no further test in this topic will be required. 1.4 Test for proficiency in English language If satisfactory evidence of proficiency in English language cannot be demonstrated, the following two tests will be necessary: (a) Oral Test: A standard test to check English speaking and comprehension skills. (b) Written Test: A standard test to check written English. These tests can be taken at British Council centres by prior arrangement through the Cayman Islands Maritime Administration (CIMA), or under such other arrangements as may be approved by the Director. 2. KNOWLEDGE OF NATIONAL LEGISLATION 2.1 Officers at management level to have knowledge of Cayman Islands maritime legislation Merchant Shipping (Certification, Safe Manning, Hours of Work and Watchkeeping) Regulations SECOND SCHEDULE Masters and officers at the management levels serving in Cayman Islands ships must, in accordance with Regulation 1\/10 of the Annex to the STCW Convention, have appropriate knowledge of the maritime legislation of the Cayman Islands relative to the functions they are permitted to perform.  This knowledge is referred to as Laws and Administrative Procedures (LAP) and covers matters which are considered to be specifically applicable to Cayman Islands ships, and is additional to the requirements of international conventions and instruments. 2.2 Cayman Islands LAP Manual To assist Masters and Officers at the management level to gain the appropriate knowledge of LAP in relation to Cayman Islands ships, the CISR has produced a LAP Manual which covers the requisite areas of the Cayman Islands maritime legislation.  The LAP Manual may be amended from time to time by the CISR to reflect the relevant current maritime legislation of the Cayman Islands.  It must be emphasised that the Manual contains only those extracts from the Cayman Islands maritime legislation that are relevant to functions at the management levels.  In relation to all other matters reference must be made to the complete maritime legislation. 2.3 Level of knowledge required The required areas of knowledge of the LAP are at two levels.  Chief Mates, Chief Engineers and Second Engineers will need to have a good working knowledge of the LAP Manual, appropriate to their respective functions, whereas Masters will require a thorough understanding of the subject matter. 2.4 Responsibilities of Companies and others employing Masters and Officers for service on board Cayman Islands ships Every Company or other person employing seafarers for service on board Cayman Islands ships must ensure that those intended to serve in the capacity of Master, Chief Mate, Chief Engineer or Second Engineer have the required knowledge as contained in the LAP Manual, appropriate to the functions they are to perform.  Further guidance may be issued from time to time through Cayman Islands Shipping Notices. 3. Further Information Further information may be obtained from- Cayman Islands Shipping Registry (CISR) Phase IV, Third Floor Elizabethan Square P.O. Box 2256 GT George Town, Grand Cayman Cayman Islands Tel: + (345) 949 8831 Fax: + (345) 949 8849 THIRD SCHEDULE Merchant Shipping (Certification, Safe Manning, Hours of Work and Watchkeeping) Regulations THIRD SCHEDULE regulation 13(2) TRAINING AND CERTIFICATION OF OFFICERS AND CREW ON HIGH SPEED CRAFT 1.0 INTRODUCTION This Schedule sets out the training and certification requirements which the Director may specify under these regulations in respect of the training and certification of masters, officer, ratings and other personnel working on High Speed Craft registered in the Cayman Islands. They implement for the Cayman Islands the requirements of the High Speed Craft Code (HSC Code) of the Safety Convention. 2.0 TRAINING REQUIREMENTS 2.1 Deck officers serving on High Speed Craft (HSC) are required to hold a Type Rating Certificate (TRC) in addition to a valid deck officer certificate of competency. 2.2 HSC operators are responsible for ensuring that appropriate training is given to deck officers so that they may qualify for the issue of a TRC. The training required by the HSC Code includes knowledge of the craft's propulsion and control systems, handling characteristics, communication and navigation procedures, intact stability and survivability of the craft. 2.3 Organisations providing TRC training are required to nominate a person responsible for the training. This person will be designated the Type Rating Instructor (TRI). TRIs may be appointed from within the HSC operating organisation of from an outside source. Organisations should also nominate another person responsible for the assessment of training to serve as a Type Rating Examiner (TRE). Both TRIs and TREs should be experienced in the operation of the craft on the route on which they will be instructing and examining, respectively, and be approved by the Director (see paragraph 7). Under no circumstances will the same person be allowed to work as both TRI and TRE. 2.4 Engineer officers on HSC are required to be appropriately certificated under these Regulations but do not require additional type rating certification. 2.5 On HSC with gas turbine propulsion, engineer officers may hold either Motor, Steam or Combined certificates of competency. In addition, specified senior engineer officers are required to hold a certificate attesting to the completion of an approved gas turbine training programme for the machinery on the HSC in which they are serving. 3.0 ISSUE OF TYPE RATING CERTIFICATES 3.1 After undergoing training with the approved TRI a candidate will be examined by the approved TRE. If successful, the organisation should issue a TRC in the format given in the Appendix to this Schedule. The TRC, plus a duplicate copy, should be forwarded, together with a valid medical fitness certificate, to the Cayman Islands Shipping Registry Merchant Shipping (Certification, Safe Manning, Hours of Work and Watchkeeping) Regulations THIRD SCHEDULE (CISR). The TRC must specify the craft or class of craft (e.g. 65 metres wave piercing catamaran), and its operational area or routes. 3.2 When the Director is satisfied that all the requirements have been met the TRC will be endorsed for service use. This procedure is required in order to satisfy the requirements of paragraph 18.3.3 of the HSC Code. The original TRC will be returned and the CISR will keep the duplicate copy for record purposes. 3.3 Further routes may be added to a TRC after a holder has undergone route familiarisation training and performance assessment by the TRE. The organisation may issue a new TRC or amend an existing one upon the recommendation of the TRE. In either case, the TRC must be submitted to the CISR or endorsement of the amendments and recording purposes as above. 4.0 REVALIDATION Revalidation of a TRC is required at intervals of not more than two years. For revalidation, candidates must be able to show evidence of continuing fitness for service on HSC. They must provide evidence of at least six months sea service on HSC in the preceding two years or a statement from a HSC operator or other TRC training organisation to indicate that the candidate has successfully completed a training programme prior to seeking revalidation. When the issuing organisation is satisfied that the revalidation requirements have been met, the TRC should be revalidated (see reverse side of specimen certificate format in the Appendix) and submitted to the CISR for endorsement and recording purposes as in paragraph 3.1 above. 5.0 RATINGS AND OTHER PERSONNEL Ratings and other personnel employed on HSC must undergo a training programme appropriate to their duties on board and may be trained solely for HSC service without seagoing experience on other types of ships. This training should include the familiarisation and appropriate basic safety training required by these Regulations. Ratings in this category may hold an Efficient Deck Hand (EDH) certificate limited for service on HSC as appropriate. 6.0 NON -SEAGOING HSC Deck officers on non sea-going HSC should follow a training, assessment and certification system similar to that detailed above. In order to qualify for a TRC, the applicant must be able to demonstrate the skills appropriate to navigational duties in the relevant operational area. 7.0 PROCEDURE FOR SEEKING CISR APPROVALS 7.1 Organisations wishing to provide training programmes leading to the issue of TRC should submit full details to the CISR. The submission should include full information on- (a) the proposed training programme; (b) the training facilities; THIRD SCHEDULE Merchant Shipping (Certification, Safe Manning, Hours of Work and Watchkeeping) Regulations (c) the HSC involved; (d) the operational areas; (e) the persons nominated as TRIs and TREs; (f) any existing approval already obtained with respect to the above. 7.2 Applications should be sent to: Cayman Islands Shipping Registry (CISR) Phase IV, Third Floor Elizabethan Square P.O. Box 2256 GT George Town, Grand Cayman Cayman Islands Tel: + (345) 949 8831 Fax: + (345) 949 8849 APPENDIX TO THIRD SCHEDULE SPECIMEN TYPE RATING CERTIFICATE (to be produced in duplicate and kept on record by the Cayman Islands Shipping Registry) No. (Issuing Organisation to allocate) Issuing Organisation Address and Contact Details TYPE RATING CERTIFICATE (HIGH SPEED CRAFT) This is to confirm that: (full name of candidate) [ ] Date of Birth: [ ] Discharge Book No. or other national ID: [ ] Certificate of Competency (if any) \u2013 Class\/Regulation) [ ] No. [ ] Date of Issue: [ ] Issuing Authority: [ ] Has completed a course of training as required by Chapter 18.3.3 of the International Code of Safety for High Speed Craft, and has passed an examination, including practical tests, commensurate with operational tasks on board the craft and routes detailed below: Name (or Class) of Craft: [ ] Type of Craft: [ ] Route: \u2026\u2026\u2026\u2026\u2026\u2026\u2026\u2026\u2026\u2026\u2026\u2026\u2026\u2026\u2026\u2026\u2026\u2026\u2026\u2026\u2026\u2026\u2026\u2026\u2026\u2026\u2026\u2026\u2026\u2026\u2026\u2026\u2026\u2026\u2026\u2026 \u2026\u2026\u2026\u2026\u2026\u2026\u2026\u2026\u2026\u2026\u2026\u2026\u2026\u2026\u2026\u2026\u2026\u2026\u2026\u2026\u2026\u2026\u2026\u2026\u2026\u2026\u2026\u2026\u2026\u2026\u2026\u2026\u2026\u2026\u2026\u2026 \u2026\u2026\u2026\u2026\u2026 Signature of Authorised Issuing Authority CISR Endorsement Representative: Stamp and Date \u2026\u2026\u2026\u2026\u2026\u2026\u2026\u2026\u2026\u2026.. Capacity: \u2026\u2026\u2026\u2026\u2026\u2026\u2026\u2026 AMENDMENTS: Merchant Shipping (Certification, Safe Manning, Hours of Work and Watchkeeping) Regulations THIRD SCHEDULE Details of additional routes \u2026\u2026\u2026\u2026\u2026\u2026\u2026\u2026\u2026\u2026\u2026\u2026\u2026\u2026\u2026\u2026\u2026\u2026\u2026\u2026\u2026\u2026\u2026\u2026\u2026\u2026\u2026\u2026\u2026\u2026\u2026\u2026\u2026\u2026\u2026\u2026 \u2026\u2026\u2026\u2026\u2026\u2026\u2026\u2026\u2026\u2026\u2026\u2026\u2026\u2026\u2026\u2026\u2026\u2026\u2026\u2026\u2026\u2026\u2026\u2026\u2026\u2026\u2026\u2026 Signature of Authorised Issuing Authority CISR Endorsement Representative: Stamp and Date Reverse side of Specimen Type Rating Certificate This certificate is subject to two yearly revalidation in accordance with Chapter 18.3.5 of the HSC Code. Confirmation that the certificate has been revalidated is to be confirmed by completion of the table below. This certificate is subject to two yearly revalidation in accordance with Chapter 18.3.5 of the HSC Code. Confirmation that the certificate has been revalidated is to be confirmed by completion of the table below. Name and Signature of Issuing Organisation's Authorised Representative FOURTH SCHEDULE Merchant Shipping (Certification, Safe Manning, Hours of Work and Watchkeeping) Regulations FOURTH SCHEDULE regulation 18(4) DEVELOPMENT OF A DATABASE FOR CERTIFICATES AND ENDORSEMENTS 1. In implementing the requirement in paragraph 4.1 of regulation I\/9 of the Annex to the revised STCW Convention for the maintenance of a register of certificates and endorsements a standard database is not necessary provided that all the relevant information is recorded and available. 2. The following items of information should be recorded and available either on paper or electronically in accordance with regulation I\/9, as a minimum: (1) Status of certificate- Valid Suspended Cancelled Reported lost Destroyed, with a record of changes to status to be kept, including dates of changes. (2) Certificate details- Seafarer\u2019s name Date of birth Nationality Sex Preferably a photograph Relevant document number Date of issue Date of expiry Last revalidation date Details of dispensations(s) (3) Competency details- STCW competency standard (e.g. regulation II\/1) Capacity Function Level of responsibility Endorsements Limitations (4) Medical details Merchant Shipping (Certification, Safe Manning, Hours of Work and Watchkeeping) Regulations FIFTH SCHEDULE Date of issue of latest medical certificate relating to the issue or revalidation of the appropriate certificate. FIFTH SCHEDULE regulations 25, 34, 35 and 36 SAFE MANNING, HOURS OF WORK AND WATCHKEEPING-APPLICATION OF STCW 95 1.0 SAFE MANNING, HOURS OF WORK AND WATCHKEEPING 1.1 INTRODUCTION 1.1.1 These regulations place clear responsibilities on companies owning or operating Cayman Islands seagoing ships, to ensure that their ships are manned with personnel of appropriate grades who have been properly trained and certificated, and who are in possession of an appropriate endorsement or have applied for such an endorsement in accordance with regulations 5 and 6. Companies owning or operating sea-going ships that are not Cayman Islands ships, whilst in Cayman Islands waters must ensure that the ships and their personnel are in compliance with those provisions of the STCW Convention that correspond to regulations 5 and 6.  The numbers of certificated officers and certificated and non-certificated ratings must be sufficient to ensure safe and efficient operation of the ship at all times. All ships of 500 GT or more are required to hold a safe manning document or equivalent and owners or operators of ships below 500 GT may also be required to hold a safe manning document. 1.1.2 The owner or operator of a Cayman Islands registered ship is required to make an assessment of the numbers and grades of personnel necessary for safe operation. These should be sufficient to ensure that: (a) the required watchkeeping standard can be maintained and that personnel are able to obtain sufficient rest; (b) personnel are not required to work more hours than is safe in relation to the safety of the ship; (c) the master and seafarers can perform their duties in accordance with the framework of operational guidance in Section A-VIII of the STCW Code; (d) the master and seamen are not required to work such hours or under such conditions which may be injurious to their health and safety. Proposals based on the assessment should be submitted to the Director who, when satisfied that the proposed manning levels are adequate, will issue a safe manning document. 1.2  SPECIALIST SHIP TYPES FIFTH SCHEDULE Merchant Shipping (Certification, Safe Manning, Hours of Work and Watchkeeping) Regulations 1.2.1 Offshore support vessels present special problems because of the diverse nature of their operations and the conditions under which they are required to operate. Owners are particularly reminded of the restrictions placed on working hours under the Regulations and should set manning levels accordingly. 1.2.2 Shipowners and operators must ensure that the master, officers and ratings on tankers, and the master, officers, ratings and other personnel on ro-ro passenger ships have completed the training required by the regulations which is specified in Sections AV\/1 and A-V\/2 of the STCW Code. All crew members on high speed craft must have completed the training required under the High Speed Craft (HSC) Code, and masters and officers having an operational role must hold a Type Rating Certificate as required by the HSC Code. On passenger ships generally, the need to handle large numbers of passengers unfamiliar with the marine environment must be taken into account in determining manning levels. Personnel should be appropriately trained and certificated and owners and operators must give particularly careful attention to the requirements for minimum numbers of trained crew to take charge of survival craft. 1.3 SAFE MANNING DOCUMENT When the Director has agreed to proposals regarding manning of a particular ship, a safe manning document or equivalent will be issued for that ship in a format which complies with the requirements of the Safety Convention. It should be retained on board and be available for inspection whenever required by an authorised person. 2.0 DETERMINATION OF SAFE MANNING LEVELS 2.1 PRINCIPLES The Director will consider a ship to be safely manned if the crew includes sufficient officers and ratings with the requisite capabilities and abilities set out in Paragraph 1 of Annex 1 \u2013 Principles of Safe Manning, to IMO Resolution A.890 (21).  In applying these principles, the Director will take account of Paragraphs 2 and 3 of the said Annex. 2.2 ESTABLISHING SAFE MANNING REQUIREMENTS In establishing safe manning requirements in accordance with the Principles of Safe Manning as set out in Annex 1 to IMO Resolution A.890 (21), the Director, as well as owners and operators should take account of the Guidelines set out in Annex 2 to that Resolution. 2.3 GUIDANCE ON APPROPRIATE MANNING LEVELS 2.3.1 The tables at Annex 1 to these regulations provide guidance on the numbers of certificated deck and engineer officers that are appropriate for different sizes of ships, tonnages and trading areas. As the watchkeeping arrangements for the engineering department and the demands placed on personnel vary significantly according to the level of automation, numbers are not given for engineer officers. These tables only provide guidance; owners and operators must take all relevant factors into account before finalising their manning proposals. Merchant Shipping (Certification, Safe Manning, Hours of Work and Watchkeeping) Regulations FIFTH SCHEDULE 2.3.2 The number of ratings required will be determined by application of the principles referred to in paragraphs 2.1 and 2.2. Owners and operators should additionally seek to obtain a good balance between skilled and less skilled and between experienced and less experienced ratings. 2.4 WATCHKEEPING 2.4.1 The regulations require the master of any ship to be responsible for the overall safety of the ship. He must also ensure that the watchkeeping arrangements are adequate for maintaining safe navigational watches at all times, including the provision of a lookout as required by the International Regulations for the Prevention of Collisions at Sea 1972, as amended. The chief engineer officer of any ship is required to ensure that the engineering watch arrangements for the ship are adequate at all times for maintaining a safe engineering watch. 2.4.2 The principles applying to the keeping of a safe watch are in section A-VIII\/2 of the STCW Code and must be followed in order to comply with the Regulations. 3.0 HOURS OF WORK 3.1 WORKING ARRANGEMENTS 3.1.1 Every operator of a ship and employer is obliged to ensure that the master, officers and ratings do not work more hours than is safe in relation to the performance of their duties and the safety of the vessel. The same responsibility is placed on the master in relation to the seafarers. Manning levels should be such as to ensure so far as possible that the time and place available for taking rest periods are appropriate for achieving a good quality of rest. Operators will also want to take into account section B-VIII\/1 of the STCW Code which provides further guidance about fitness for duty. 3.1.2 Operators are required to ensure that a schedule of duties is produced setting out the hours of work and the rest periods. It should provide that the master, officers and all other seamen do not work more hours than is safe in relation to the safety of the ship. In devising the schedule, operators should take account of factors such as- (a) trade and type of operation; (b) type and size of ship; (c) construction and technical equipment of ship; (d) manning levels and changes in crew numbers due to crew changes and sickness; (e) maximum period of continuous watchkeeping; (f) minimum rest periods; (g) total workload; and (h) the seriousness of irregular working hours and their contribution to fatigue causation and the importance of scheduling reasonably stable watchkeeping hours over a voyage. FIFTH SCHEDULE Merchant Shipping (Certification, Safe Manning, Hours of Work and Watchkeeping) Regulations 3.1.3 Changes should not be made to the schedule unless they can be justified by substantially altered work patterns made necessary, for example, by a change in trading pattern or other significant factor. Where it is known that a vessel engages in an irregular trading pattern or that working hours are likely to be uniform this can be taken into account and recorded in the schedule. The consultation process referred to in paragraph 3.4 also applies to changes in the schedule. 3.2 CONSULTATION Operators of ships are required to seek the views of the master when first drawing up a schedule of duties for a ship or ships. The master of a ship should seek the views of his officers and shall seek and convey to the operator the views of the seafarers or their representatives or a trade union as appropriate. The final decision on the schedule rests with the operator who will have the responsibility to ensure that the schedule is safe in relation to the safety of the ship and the performance of duties. The master must ensure that, as far as reasonably practicable, the schedule is adhered to. Of course, in an emergency or when unforeseeable events occur, changes may well be unavoidable. Regulation 30(9) requires that, once a schedule has been completed by the operator, it must be displayed prominently in the crew accommodation on board the vessel for the information of all the seafarers. 3.3 RECORDS 3.3.1 A record of all deviations from the schedule\u2019s requirements is to be kept on the ship. Any suitable form of record is acceptable provided that the record is always accessible to those authorised to carry out inspections; the record must be retained for a period of up to five years. There is no need to rewrite the schedule for each voyage so long as it is applicable to the voyage in question and the composition of the crew for whom it was originally intended has not changed. 3.3.2 The overriding aim is to ensure that a proper record of agreed work patterns exists on board for the benefit of crew members and inspecting authorities, and that the record may be matched to each individual crew member involved by means of other documents such as the crew list. 3.4 EXCEPTIONS FOR EMERGENCIES The regulations recognise that situations may arise in which a master or seaman may be required to exceed the schedule's duty periods. These include emergencies which threaten the safety of the ship or the environment or put life at risk. Where a master or other seaman exceeds the scheduled hours of work in this manner, and has worked during his rest period, his name must be entered in the record required to be maintained, together with the reason for the excess. 4.0 APPLICATION FOR A SAFE MANNING DOCUMENT 4.1 INFORMATION TO BE PROVIDED Merchant Shipping (Certification, Safe Manning, Hours of Work and Watchkeeping) Regulations FIFTH SCHEDULE 4.1.1 When applying to the Director for a safe manning document, owners or operators should submit a clear and concise explanation of how the proposed manning level has been determined and how it takes account of the guidance in paragraphs 2 and 3 and the hours of work provisions in the regulations. The Director will be able to make a quick assessment of the application if the owner or operator can demonstrate that all the factors and principles in those paragraphs have been taken into account. 4.1.2 Applications for a safe manning document should be made by the owner or a person authorised to act on his behalf, on a form which is obtainable from the CISR and which sets out the information required. The appropriate fee is payable with respect to the application. ANNEX TO FIFTH SCHEDULE GUIDANCE ON MINIMUM OFFICER MANNING LEVELS TABLE 1: DECK DEPARTMENT - UNLIMITED TRADING AREA STCW DECK OFFICER RANK STCW GROSS TONNAGE PARAMETERS STCW REGULATION REFERENCE GROSS TONNAGE OF SHIP AND MINIMUM OFFICER MANNING \u22653000 GT tt \u2265500 BUT <3000 GT tt <500 GT tt Master \u22653000 II\/2 (i) Master \u2265500 but <3000 II\/2 (ii) Master <500 (U) II\/3 (i) Master <500 (NC) II\/3 (ii) Chief Mate \u22653000 II\/2 (i) Chief Mate \u2265500 but <3000 II\/2 (ii) OOW(D) \u2265500 II\/1 2(*) OOW(D) <500 (U) II\/3 (i) OOW(D) <500 (NC) II\/3(ii) (*) This requirement may be reduced by one if the master keeps a watch and if the length of voyage is short enough and the level of port activity low enough to ensure that the minimum rest periods for the master and crew, including watchkeepers, are achieved. Notes: OOW(D) means Officer in charge of a navigational watch. U means Unlimited trading area. NC            means Near Coastal trading area. FIFTH SCHEDULE Merchant Shipping (Certification, Safe Manning, Hours of Work and Watchkeeping) Regulations With respect to Column 3- (i) means, with reference to the STCW Regulation referred to, the first part of that Regulation; and (ii) means, with reference to the STCW Regulation referred to, the second part of that Regulation The above levels are for guidance only and actual levels will vary according to the type, size, age and trading pattern of the vessel. TABLE 2: DECK DEPARTMENT - NEAR COASTAL TRADING AREA Chapter 2. TCW DECK OFFICER RANK STCW GROSS TONNAGE PARAMETERS STCW REGULATION REFERENCE GROSS TONNAGE OF SHIPS AND MINIMUM OFFICER MANNING \u22653000 GT tt \u2265500 BUT <3000 GT tt <500 GT tt Master \u22653000 II\/2 (i) Master \u2265500 but <3000 II\/2 (ii) Master <500 (U) II\/3 (i) Master <500 (NC) II\/3 (ii) 1(**) Chief Mate \u22653000 II\/2 (i) Chief Mate \u2265500 but <3000 II\/2 (ii) OOW(D) \u2265500 II\/1 1(*) 1(*) OOW(D) <500 (U) II\/3 (i) OOW(D) <500 (NC) II\/3(ii) (*)Need not be carried if the master keeps a watch and if the length of voyage is short enough and the level of port activity low enough to ensure that the minimum rest periods for the master and crew, including watchkeepers, are achieved. (**)The master must hold a certificate which carries an endorsement to serve in that capacity. Notes: OOW(D)  means Officer in charge of a navigational watch. U means Unlimited trading area. NC means Near Coastal trading area. With respect to Column 3- (i) means, with reference to the STCW Regulation referred to, the first part of that Regulation; and (ii) means, with reference to the STCW Regulation referred to, the second part of that Regulation Merchant Shipping (Certification, Safe Manning, Hours of Work and Watchkeeping) Regulations FIFTH SCHEDULE The above levels are for guidance only and actual levels will vary according to the type, size, age and trading pattern of the vessel. TABLE 3: ENGINE DEPARTMENT - UNLIMITED TRADING AREA STCW ENGINEER OFFICER RANK STCW ENGINE POWER PARAMETERS (KW) STCW REGULATION REFERENCE ENGINE POWER OF SHIP IN KILOWATTS (KW) AND MINIMUM ENGINEER OFFICER MANNING \u22653000 KW tt \u2265750 BUT <3000 KW tt \u2265350 BUT <750 tt Chief Engineer \u22653000 III\/2 Near Coastal only \u2013 See Table 4 Chief Engineer \u2265750 but <3000 III\/3 2nd Engineer \u22653000 III\/2 2nd Engineer \u2265750 but <3000 III\/3 OOW(E) \u2265750 III\/1 3(a) 3(a) Notes- (i) OOW(E) means Officer in charge of an engineering watch. (ii) All Engine Room Watch Ratings are to hold STCW III\/4 certification on vessels of \u2265750 kW. (iii) Manning of vessels with Unmanned Machinery Space (UMS) certification will be assessed on an individual basis. (iv) The suffix (a) means that the number of engineering watchkeepers holding STCWIII\/1 certificates may be reduced to one if both the Chief and Second Engineer Officers keep a watch, or reduced to two if the Second Engineer Officer keeps a watch, always providing that the minimum hours of rest for officers and crew can be achieved. The above levels are for guidance only and actual levels will vary according to the type, size, age and trading pattern of the vessel. TABLE 4: ENGINE DEPARTMENT \u2013 NEAR COASTAL TRADING AREA STCW ENGINEER OFFICER RANK STCW ENGINE POWER PARAMETERS STCW REGULATION REFERENCE ENGINE POWER OF SHIP IN KILOWATTS (KW) AND MINIMUM ENGINEER OFFICER MANNING FIFTH SCHEDULE Merchant Shipping (Certification, Safe Manning, Hours of Work and Watchkeeping) Regulations (KW) \u22653000 KW tt \u2265750 BUT <3000 KW tt \u2265350 BUT <750* tt Chief Engineer \u22653000 III\/2 Chief Engineer \u2265750 but <3000 III\/3 1(c) 2nd Engineer \u22653000 III\/2 2nd Engineer \u2265750 but <3000 III\/3 OOW(E) \u2265750 III\/1 3(b) 1(d) * This is a national banding and there is thus no STCW reference. Notes- (i) OOW(E) means Officer in charge of an engineering watch. (ii) All Engine Room Watch Ratings are to hold STCW III\/4 certification on vessels of $750kW. (iii) Manning of vessels with Unmanned Machinery Space (UMS) certification will be assessed on an individual basis. (iv) The suffix (b) means that the number of engineering watchkeepers holding STCW III\/1 certificates may be reduced to one if both the Chief and Second Engineer Officers keep a watch, or reduced to two if the Second Engineer Officer keeps a watch, always providing that the minimum hours of rest for officers and crew can be achieved. (v) The suffix (c) means that an officer holding a Senior Marine Engineer Operator\u2019s (SMEO) Licence or equivalent may serve in place of the holder of an STCW III\/3 certificate provided- \uf0b7\uf020 the officer is not also serving as master; \uf0b7\uf020 the ship is not a tanker; and \uf0b7\uf020 the ship is classed as UMS or has full bridge control with high level bilge alarms in the machinery; \uf0b7\uf020 spaces and engine room alarm systems relayed to the accommodation or navigating bridge. (vi) The suffix (d) means that the holder of a Marine Engineer Operator\u2019s Licence or equivalent may serve in place of a STCW III\/1 certificate holder; the officer may serve in a dual capacity in deck and engine room departments under the same conditions as outlined in (v). The above levels are for guidance only and actual levels will vary according to the type, size, age and trading pattern of the vessel. Merchant Shipping (Certification, Safe Manning, Hours of Work and Watchkeeping) Regulations FIFTH SCHEDULE Publication in consolidated and revised form authorised by the Governor in Cabinet this 6th day of July, 2004. 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\"eng\"}, \"FRBRManifestation\": {\"FRBRuri\": \"\/akn\/ky\/act\/sl\/2002\/10\/eng@2004-01-01.xml\", \"FRBRdate\": [{\"date\": \"2026-06-22\", \"name\": \"generation\"}], \"FRBRthis\": \"\/akn\/ky\/act\/sl\/2002\/10\/eng@2004-01-01.xml\", \"FRBRauthor\": [{\"as\": \"#editor\", \"href\": \"\/akn\/ontology\/canary\/organization\/editor\/cilegis\"}], \"FRBRformat\": \"application\/xml\"}}}, \"name\": \"act\", \"header\": {\"title\": \"Merchant Shipping (Certification, Safe Manning, Hours of Work and Watchkeeping) Regulations\", \"actNumber\": \"10 of 2002\", \"longTitle\": null}}, \"doc\": null, \"bill\": null, \"judgment\": null}}","akn_full_text":"CAYMAN ISLANDS\n\nMerchant Shipping Law\nMERCHANT SHIPPING (CERTIFICATION,\nSAFE MANNING, HOURS OF WORK AND\nWATCHKEEPING) REGULATIONS\n\n(2004 Revision)\nSupplement No. 6 published with Gazette No. 16 of 9th August, 2004.\n\nPage 2\nRevised as at 6th day of July, 2004\nc\n\nPUBLISHING DETAILS\nRevised under the authority of the Law Revision Law (1999 Revision).\nThe Merchant Shipping (Certification, Safe Manning, Hours of Work and Watchkeeping)\nRegulations, 2002 made the 11th June, 2002.\nConsolidated with the Merchant Shipping (Certification, Safe Manning, Hours of Work\nand Watchkeeping) (Amendment) Regulations, 2003 made the 1st July, 2003.\nConsolidated and revised this 6th day of July, 2004.\n\nMerchant Shipping (Certification, Safe Manning, Hours of Work and\nWatchkeeping) Regulations\nArrangement of Regulations\n\nc\nRevised as at 6th day of July, 2004\nPage 3\n\nCAYMAN ISLANDS\n\nMerchant Shipping Law\nMERCHANT SHIPPING (CERTIFICATION, SAFE\nMANNING, HOURS OF WORK AND\nWATCHKEEPING) REGULATIONS\n(2004 Revision)\nArrangement of Regulations\nRegulation\nPage\nPART I - INTRODUCTORY\n1.\nCitation ......................................................................................................................................7\n2.\nDefinitions ..................................................................................................................................7\n3.\nApplication ............................................................................................................................... 10\nPART II - CERTIFICATION AND RECOGNITION OF\nCERTIFICATES\n4.\nQualifications as an officer ....................................................................................................... 11\n5.\nRecognition of certificates ........................................................................................................ 11\n6.\nIssue of endorsements attesting to recognition and transitional arrangements ......................... 12\n7.\nAppropriate certificates ............................................................................................................ 13\n8.\nRatings and holders of other qualifications ............................................................................... 14\n9.\nRadiocommunications and radio personnel on GMDSS ships .................................................. 15\n10.\nTraining and qualifications of masters and seamen on tankers ................................................ 15\n11.\nTraining and qualifications of masters and seamen on ro-ro passenger ships .......................... 16\n12.\nTraining and qualifications of masters and seamen on passenger ships other than ro-ro\npassenger ships ...................................................................................................................... 17\n13.\nTraining and qualifications of masters and seamen on high-speed craft ................................... 18\n14.\nFamiliarisation and basic safety training, etc., for all seafarers ................................................. 18\n\nArrangement of Regulations\nMerchant Shipping (Certification, Safe Manning, Hours of Work and\nWatchkeeping) Regulations\n\nPage 4\nRevised as at 6th day of July, 2004\nc\n\n15.\nRequirements for the holding of certificates of proficiency in survival craft and rescue\nboats ....................................................................................................................................... 18\n16.\nRequirements for training in advanced fire-fighting .................................................................. 19\n17.\nRequirements relating to medical first aid and medical care ..................................................... 20\n18.\nIssue, form, validity, record and surrender of endorsements .................................................... 20\n19.\nLoss of endorsements ............................................................................................................. 21\nPART III - HOVERCRAFT\n20.\nApplication to hovercraft .......................................................................................................... 21\n21.\nRequirements for the training of hovercraft personnel .............................................................. 21\n22.\nApplication of Part III to endorsements .................................................................................... 21\n23.\nExemption from hovercraft requirements ................................................................................. 21\nPART IV - SAFE MANNING\n24.\nResponsibilities of companies, masters and others .................................................................. 22\n25.\nSafe manning document .......................................................................................................... 23\n26.\nDispensations .......................................................................................................................... 24\nPART V - HOURS OF WORK\n27.\nApplication of Part V ................................................................................................................ 25\n28.\nGeneral duty of company, employers and masters regarding hours of work ............................ 25\n29.\nDuties of seafarers regarding rest periods ............................................................................... 25\n30.\nSchedules of duties and need to maintain records ................................................................... 25\n31.\nExceptions for emergencies ..................................................................................................... 27\n32.\nDuty to carry copy of regulations .............................................................................................. 27\n33.\nFailure to comply with provisions relating to hours of work and rest ......................................... 28\nPART VI - WATCHKEEPING\n34.\nWatchkeeping arrangements ................................................................................................... 28\n35.\nWatchkeeping arrangements in port ........................................................................................ 28\n36.\nWatchkeeping arrangements in port for ships carrying hazardous cargo .................................. 28\nPART VII - MISCELLANEOUS\n37.\nProhibition on the employment of young persons ..................................................................... 29\n38.\nCarriage of STCW certificates and documents......................................................................... 29\n39.\nInspection of ships ................................................................................................................... 29\n40.\nPower to detain ........................................................................................................................ 31\n41.\nParity of treatment of STCW ships and non-STCW ships ......................................................... 31\n42.\nMaintenance of register of certificates and endorsements issued and provision of\ninformation relating thereto ...................................................................................................... 31\n43.\nOffences .................................................................................................................................. 32\n44.\nRequirements for pleasure vessels in commercial use ............................................................. 33\n45.\nExemptions .............................................................................................................................. 33\n\nMerchant Shipping (Certification, Safe Manning, Hours of Work and\nWatchkeeping) Regulations\nArrangement of Regulations\n\nc\nRevised as at 6th day of July, 2004\nPage 5\n\nFIRST SCHEDULE\n35\nSECOND SCHEDULE\n38\nTHIRD SCHEDULE\n40\nFOURTH SCHEDULE\n44\nFIFTH SCHEDULE\n45\n\nMerchant Shipping (Certification, Safe Manning, Hours of Work and\nWatchkeeping) Regulations\nRegulation 1\n\nc\nRevised as at 6th day of July, 2004\nPage 7\n\nCAYMAN ISLANDS\n\nMerchant Shipping Law\nMERCHANT SHIPPING (CERTIFICATION, SAFE\nMANNING, HOURS OF WORK AND\nWATCHKEEPING) REGULATIONS\n(2004 Revision)\n\nPART I - INTRODUCTORY\n1.\nCitation\n1.\nThese regulations may be cited as the Merchant Shipping (Certification, Safe\nManning, Hours of Work and Watchkeeping) Regulations (2004 Revision).\n2.\nDefinitions\n2.\n(1) In these regulations \u2014\n\u201cappropriate certificate\u201d means \u2014\n(a)\nin relation to Cayman Islands ships, a certificate issued and endorsed by\nor under the authority of an STCW country and recognised in accordance\nwith these regulations entitling the lawful holder to serve in the capacity\nand perform the functions involved at the level of responsibility specified\ntherein on a ship of the type, tonnage or power and means of propulsion\nindicated by the endorsement while engaged on the particular voyage\nconcerned; and\n\nRegulation 2\nMerchant Shipping (Certification, Safe Manning, Hours of Work and\nWatchkeeping) Regulations\n\nPage 8\nRevised as at 6th day of July, 2004\nc\n\n(b) in relation to other ships, an appropriate certificate as defined in the\nSTCW Convention;\n\u201capproved\u201d (and \u201capproved\u201d in the STCW Convention so far as given effect\nby these regulations) means approved by the Minister;\n\u201carea A1\u201d; \u201carea A2\u201d; \u201carea A3\u201d; and \u201carea A4\u201d, have the meanings\nassigned to \u201cSea area A1\u201d, \u201cSea area A2\u201d, \u201cSea area A3\u201d and \u201cSea area A4\u201d\nin Regulation 2, Chapter IV of the Safety Convention;\n\u201cauthorised person\u201d means a person authorised by the Minister for the\npurposes of these regulations;\n\u201cCayman Islands ship\u201d has the meaning given in section 2(1), and \u201cnonCayman Islands ship\u201d means a ship that is not a Cayman Islands ship;\n\u201ccertificate of competence\u201d means an appropriate certificate for the purposes\nof regulations 4 and 5;\n\u201cchemical tanker\u201d means a ship constructed or adapted and used for the\ncarriage in bulk of any liquid product listed in Chapter 17 of the IBC Code;\n\u201ccompany\u201d includes an individual, and in relation to a ship means the owner\nof the ship or any other organisation or person such as the manager, or the\ndemise charterer, who has assumed the responsibility for the operation of the\nship from the owner and who, on assuming such responsibility, has agreed to\ntake over all the duties and responsibilities imposed on the company by the\nRegulations annexed to the STCW Convention;\n\u201cconstructed\u201d means a craft the keel of which is laid or which is at a similar\nstage of construction; and \u201csimilar stage of construction\u201d means a stage at\nwhich \u2014\n(a)\nconstruction identifiable with a specific craft begins; and\n(b) assembly of that craft has commenced comprising at least fifty tonnes or\none per cent of the estimated mass of all structural material, whichever is\nthe less;\n\u201cGT\u201d means gross tonnage as defined in the tonnage regulations;\n\u201chigh speed craft\u201d means a craft capable of a maximum speed equal to or\nexceeding \u2014\n3.7\uf0d1 0.1667 metres per second,\nwhere \uf0d1 is the displacement corresponding to the design waterline (m3);\n\u201cIBC Code\u201d means the 1994 Edition of the International Code for the\nConstruction and Equipment of Ships Carrying Dangerous Chemicals in Bulk,\npublished by the IMO;\n\u201cIGC Code\u201d means the 1993 Edition of the International Code for the\nConstruction and Equipment of Ships Carrying Liquefied Gases in Bulk,\npublished by the IMO;\n\nMerchant Shipping (Certification, Safe Manning, Hours of Work and\nWatchkeeping) Regulations\nRegulation 2\n\nc\nRevised as at 6th day of July, 2004\nPage 9\n\n\u201cIMO\u201d means the International Maritime Organization;\n\u201clength\u201d has the meaning given in the tonnage regulations;\n\u201cLicence\u201d means the Licence issued under regulation 6(8);\n\u201cliquefied gas tanker\u201d means a ship constructed or adapted and used for the\ncarriage in bulk of any liquefied gas or other product listed in Chapter 19 of\nthe IGC Code;\n\u201cmanagement level\u201d means the level of responsibility associated with \u2014\n(a)\nserving as master, chief mate, chief engineer or second engineer of a seagoing ship; and\n(b) ensuring that all functions within the designated area of responsibility are\nproperly performed;\n\u201cMARPOL\u201d means the International Convention for the Prevention of\nPollution from Ships, 1973 as modified by the Protocol of 1978 relating\nthereto and its Annexes and Protocols, together with any other Protocols and\nAmendments relating thereto that may be in effect for the Islands;\n\u201cnear-coastal voyage\u201d means a voyage during which the ship is never more\nthan forty miles from any of the Cayman Islands;\n\u201cofficer\u201d means a person carried in a ship in the capacity of an officer under\nthe terms of the safe manning document issued in respect of that ship;\n\u201coil\u201d means petroleum in any form including crude oil, fuel oil, oil refuse and\nrefined products, other than oil-like substances which are listed in paragraph 7\nof the Unified Interpretations of Annex II to MARPOL and relating to\nRegulation 14 of that Annex;\n\u201coil tanker\u201d means a ship constructed or adapted primarily to carry oil in bulk\nin its cargo spaces and includes a combination carrier when it is carrying a\ncargo or part cargo of oil in bulk;\n\u201cpropulsion power\u201d means the total maximum continuous rated output power\nin kilowatts of all the ship\u2019s main propulsion power which appears on the\nship\u2019s certificate of registry or other official document;\n\u201cRadio Regulations\u201d means the Radio Regulations annexed to, or regarded as\nbeing annexed to, the most recent International Telecommunication\nConvention which may be in force at any time;\n\u201crating\u201d means a member of the ship\u2019s crew other than the master or an\nofficer;\n\u201cro-ro passenger ship\u201d means a passenger ship provided with cargo or\nvehicle spaces not normally subdivided in any way and extending to either a\nsubstantial length or the entire length of the ship in which vehicles or cargo\ncan be loaded or unloaded in a horizontal direction;\n\u201cSafety Convention\u201d has the meaning given in section 171;\n\nRegulation 3\nMerchant Shipping (Certification, Safe Manning, Hours of Work and\nWatchkeeping) Regulations\n\nPage 10\nRevised as at 6th day of July, 2004\nc\n\n\u201cseafarer\u201d includes a master, an officer and a rating;\n\u201csea-going\u201d means going to sea beyond the limits of the national waters of the\nIslands;\n\u201cSecretary-General\u201d means the Secretary-General of the IMO;\n\u201cSTCW\nCode\u201d\nmeans\nthe\nSeafarer\u2019s\nTraining,\nCertification\nand\nWatchkeeping Code adopted by the 1995 Conference of Parties to the\nInternational Convention on the Standards of Training, Certification and\nWatchkeeping for Seafarers, 1978;\n\u201cSTCW country\u201d means a country which is a party to the STCW Convention;\n\u201cSTCW ship\u201d means a ship entitled to fly the flag of a STCW country and\n\u201cnon-STCW ship\u201d means a ship that is not a STCW ship;\n\u201ctanker\u201d means a chemical tanker, a liquefied gas tanker or an oil tanker; and\n\u201ctonnage\nregulations\u201d\nmeans\nthe\nMerchant\nShipping\n(Tonnage)\nRegulations, 2002.\n(2) Any reference to the IBC Code, the IGC Code, the STCW Code, or the STCW\nConvention shall include reference to any document amending the Code or\nConvention which is considered by the Minister to be relevant from time\nto time.\n3.\nApplication\n3.\n(1) Subject to subregulation (2) and regulation 20, these regulations apply to \u2014\n(a)\nsea-going Cayman Islands ships wherever they may be and non-Cayman\nIslands ships when in Cayman Islands waters;\n(b) masters and seamen employed in sea-going Cayman Islands ships; and\n(c)\nseafarers employed in pleasure vessels to the extent provided for in\nregulation 6(7), (8) and (9).\n(2) These regulations do not apply to \u2014\n(a)\nwarships and naval auxiliaries or other ships owned or operated by a\nState and engaged only on Government non-commercial service;\n(b) fishing vessels;\n(c)\nwooden ships of primitive build; or\n(d) seafarers\nemployed\nin\nsuch\nships\nas\nare\nreferred\nto\nin\nparagraphs (a) to (c).\n\nMerchant Shipping (Certification, Safe Manning, Hours of Work and\nWatchkeeping) Regulations\nRegulation 4\n\nc\nRevised as at 6th day of July, 2004\nPage 11\n\nPART II - CERTIFICATION AND RECOGNITION OF\nCERTIFICATES\n4.\nQualifications as an officer\n4.\nA person is qualified as an officer for the purposes of section 111(1) if he holds a\ncertificate of competence which has been duly recognised and endorsed in\naccordance with regulations 5 and 6, in one of the following capacities \u2014\n(a)\nmaster;\n(b) chief mate;\n(c)\nofficer in charge of a navigational watch;\n(d) chief engineer officer;\n(e)\nsecond engineer officer;\n(f)\nofficer in charge of an engineering watch;\n(g) radio operator;\n(h) electrical engineer officer; or\n(i)\nelectrotechnical engineer officer.\n5.\nRecognition of certificates\n5.\n(1) The Director may, for service on board Cayman Islands ships, recognise a\ncertificate issued by or under the authority of another STCW country to a master, officer\nor radio operator if he is satisfied \u2014\n(a)\nthat the requirements of the STCW Convention concerning standards of\ncompetence, the issue and endorsement of certificates and record keeping\nare fully complied with; and\n(b) that prompt notification will be given to the Director of any significant\nchange in the arrangements for training and certification provided in\ncompliance with the Convention.\n(2) For the purpose of satisfying himself under subregulation (1), the Director \u2014\n(a)\nwith respect to the issuing authority, shall take into account any IMO list\nof STCW countries which, according to the IMO, have given full and\ncomplete effect to the STCW Convention; and\n(b) with respect to verification of the authenticity and validity of a certificate\npresented for recognition, may \u2014\n(i)\nrequire from the authority which has issued the certificate, copies of\nits maritime legislation and details of its facilities and procedures\nconcerning the training and certificate of seafarers; and\n(ii) where deemed necessary, inspect such facilities and procedures.\n\nRegulation 6\nMerchant Shipping (Certification, Safe Manning, Hours of Work and\nWatchkeeping) Regulations\n\nPage 12\nRevised as at 6th day of July, 2004\nc\n\n(3) Every certificate presented for recognition under this regulation shall be an\noriginal, or if that is not practicable, a duly authenticated copy thereof, and\nwhere the certificate is in a language other than English, it shall be\naccompanied by an official translation in English.\n(4) The Director shall ensure that every seafarer who presents for recognition a\ncertificate of competence which has been issued as certification at the\nmanagement level has appropriate knowledge of the maritime legislation of\nthe Cayman Islands and proficiency in the English language relative to the\nfunctions which he is permitted to perform, in accordance with the\nrequirements set out in the Second Schedule.\n(5) The information provided and the measures agreed upon under this Part shall\nbe communicated to the Secretary of State of the United Kingdom responsible\nfor shipping for onward transmission to the Secretary-General, within the time\nprescribed and in the format specified in Section A-I\/7, paragraph 3.2 of the\nSTCW Code.\n(6) No certificate issued by or under the authority of a State that is not a STCW\ncountry shall be recognised.\n(7) The Director may, under this Part, recognise and endorse a certificate of\nservice issued under the repealed Merchant Shipping (Manning of Ships)\n(Cayman Islands) Regulations, 1989 if such certificates have been re-validated\nin accordance with regulation I\/11 of the Annex to the STCW Convention.\n6.\nIssue\nof\nendorsements\nattesting\nto\nrecognition\nand\ntransitional\narrangements\n6.\n(1) Subject to subregulation (7) and (8), where the Director recognises a certificate\nunder regulation 5 he shall endorse such a certificate to attest to its\nrecognition.\n(2) An endorsement attesting to the recognition of a certificate shall be issued as a\nseparate document which shall be in the form set out in the First Schedule and\nthe capacity in which the holder of a certificate is authorised to serve shall be\nprovided in the form of endorsement in the manner provided therein.\n(3) Each endorsement issued under this regulation attesting to the acceptance of a\ncertificate shall \u2014\n(a)\nbe assigned a unique number;\n(b) expire as soon as the certificate endorsed expires or is withdrawn,\nsuspended or cancelled by the party which issued it and, in any case, not\nmore than five years after the date of issue; and\n(c)\nremain valid only as long as the certificate to which it attests remains\nvalid.\n\nMerchant Shipping (Certification, Safe Manning, Hours of Work and\nWatchkeeping) Regulations\nRegulation 7\n\nc\nRevised as at 6th day of July, 2004\nPage 13\n\n(4) The Director may, if circumstances require, allow a seafarer to serve in a\ncapacity other than radio operator, (except as provided in the Radio\nRegulations), for a period not exceeding three months on board a Cayman\nIslands ship, while holding an appropriate and valid certificate issued and\nendorsed by the authority of another STCW country but which has not yet\nbeen endorsed so as to render it appropriate for service on board Cayman\nIslands ships, provided the Director is satisfied that application for an\nendorsement has been duly submitted.\n(5) An endorsement or other document issued by or under the authority of an\nSTCW country in recognition of, or attesting to, the recognition of a certificate\nby or under the authority of another STCW country shall not be used as the\nbasis for recognition by the Director.\n(6) The Director may, at any time, revoke or cancel an endorsement or Licence\ngranted under this regulation where he has clear grounds for believing that the\nholder of the certificate has \u2014\n(a)\ncommitted a violation of any provision of the Law or any regulations\nmade thereunder;\n(b) committed an offence under the laws of the Cayman Islands; or\n(c)\nfailed to maintain the required standard of medical fitness.\n(7) The Director may recognise certificates other than those recognised under\nregulation 5 solely in respect of seafarers serving on board Cayman Islands\nships referred to in regulation 3(1)(c).\n(8) Where the Director recognises a certificate referred to in subregulation (7), he\nmay issue a Licence in a form prescribed by him to attest to its recognition.\n(9) Regulations 5(3) and (4) and 6(3), (4), (5) and (6) apply to Licences as may be\nappropriate.\n7.\nAppropriate certificates\n7.\nA master or officer shall hold an appropriate certificate for the capacity in which he\nserves, as set out in the Table below.\n\nRegulation 8\nMerchant Shipping (Certification, Safe Manning, Hours of Work and\nWatchkeeping) Regulations\n\nPage 14\nRevised as at 6th day of July, 2004\nc\n\nTABLE OF APPROPRIATE CERTIFICATES\nDECK DEPARTMENT\nOfficer in charge of a navigational watch on any ship on voyages not limited to\nnear coastal voyages.\nMaster or chief mate on a ship of 3000 GT or more.\nMaster or chief mate on a ship of 500 GT or more and less than 3000 GT.\nOfficer in charge of a navigational watch on a ship of less than 500 GT engaged\non near-coastal voyages.\nMaster of a ship of less than 500 GT engaged on near-coastal voyages.\nENGINE DEPARTMENT\nOfficer in charge of an engineering watch in a manned engine room, or\ndesignated duty engineer officer in a periodically unmanned engine-room, on a\nship powered by main propulsion machinery of 750 kW propulsion power or\nmore.\nChief engineer officer or second engineer officer on a ship powered by main\npropulsion machinery of 3000 kW propulsion power or more.\nChief engineer officer and second engineer officer on a ship powered by main\npropulsion machinery of between 750 and 3000 kW propulsion power.\n8.\nRatings and holders of other qualifications\n8.\n(1) Every rating forming part of a navigational watch on a ship of 500 GT or\nmore, other than ratings under training and ratings whose duties while on\nwatch are of an unskilled nature, shall hold a certificate referred to herein as a\n\u201cNavigational Watch Rating Certificate\u201d issued in accordance with Regulation\nII\/4 of the Annex to the STCW Convention, by the Director or by or under the\nauthority of another STCW country.\n(2) Every rating forming part of an engine-room watch or designated to perform\nduties in a periodically unmanned engine-room on a ship powered by main\npropulsion machinery of 750 kW propulsion power or more, other than ratings\nunder training and ratings whose duties are of an unskilled nature, shall hold a\ncertificate, referred to herein as an \u201cEngine Room Watch Rating Certificate\u201d,\nissued in accordance with Regulation III\/4 of the Annex to the STCW\nConvention by the Director or by or under the authority of another STCW\ncountry.\n(3) Any person designated to perform watchkeeping duties in a manned or\nperiodically unmanned engine-room on a ship powered by main propulsion\nmachinery of 350 kW power, or more, but less than 750 kW shall be the\nholder of one of the engineering certificates referred to in regulation 7 or be\nthe holder of an appropriate certificate in compliance with criteria specified by\nthe Director.\n\nMerchant Shipping (Certification, Safe Manning, Hours of Work and\nWatchkeeping) Regulations\nRegulation 9\n\nc\nRevised as at 6th day of July, 2004\nPage 15\n\n9.\nRadiocommunications and radio personnel on GMDSS ships\n9.\n(1) Every ship shall carry a person or persons qualified for distress and safety\nradio communication purposes as specified in subregulation (2), who shall be\nholders of certificates specified in the Radio Regulations, as appropriate, one\nof whom shall be designated by the master to have primary responsibility for\nradio communications during distress incidents.\n(2) On area A1 ships, a person qualified as mentioned in subregulation (1) shall\nhold at least a GMDSS restricted operator\u2019s certificate issued in accordance\nwith subsection D of section IIIA of Article 55 of the Radio Regulations. On\nships operating in Areas A1\/A2, A1\/A2\/A3 and A1\/A2\/A3\/A4, the person\nqualified as mentioned in subregulation (1) shall hold a GMDSS general\noperator\u2019s certificate issued in accordance with subsection C of section IIIA of\nArticle 55 of the Radio Regulations.\n10.\nTraining and qualifications of masters and seamen on tankers\n10. (1) Officers and ratings assigned specific duties and responsibilities related to\ncargo or cargo equipment on tankers shall have completed an approved shorebased advanced fire-fighting course in addition to the training required by\nsection A-VI\/1 of the STCW Code and shall have completed \u2014\n(a)\nat least three months of approved sea-going service on tankers in order to\nacquire adequate knowledge of safe operational practices; or\n(b) an approved tanker familiarisation course covering at least the syllabus\ngiven for that course in Section A-V\/1 of the STCW Code.\n(2) The period of three months referred to in paragraph (1)(a) may be reduced to\nnot less than one month if \u2014\n(a)\nthe tanker on which such service is performed is of less than 3,000 GT;\n(b) the duration of each voyage of the tanker on which such approved service\nis performed does not exceed seventy-two hours, and\n(c)\nthe operational characteristics of the tanker on which such approved\nservice is performed and the number of voyages and loading and\ndischarging operations completed during the period, allow the same level\nof knowledge and experience to be acquired as would have been acquired\nin approved service performed in accordance with subregulation (1)(a) on\na tanker of a size, and performing voyages, not falling within\nparagraphs (a) and (b).\n(3) Masters, chief engineer officers, chief mates, second engineer officers and any\nperson with immediate responsibility for loading, discharging and care in\ntransit or handling of cargo in tankers shall, in addition to meeting the\nrequirements of subregulation (1), have \u2014\n\nRegulation 11\nMerchant Shipping (Certification, Safe Manning, Hours of Work and\nWatchkeeping) Regulations\n\nPage 16\nRevised as at 6th day of July, 2004\nc\n\n(a)\nexperience appropriate to their duties on the type of tanker on which they\nserve; and\n(b) completed an approved specialised training programme which at least\ncovers the subjects set out in section A-V\/1 of the STCW Code that are\nappropriate to their duties on the tanker on which they serve,\nor provide evidence of having achieved the required standard of competence\nwithin the previous five years.\n(4) Where the Director is satisfied that a seafarer is duly qualified in accordance\nwith subregulations (1) and (2) or subregulation (3), he may issue to such\nseafarer an appropriate certificate to that effect, and the seafarer holding such a\ncertificate shall be accepted for service as referred to in those subregulations\non Cayman Islands ships.\n(5) A certificate or other documentary evidence issued by or under the authority of\nan STCW country confirming that the holder has received the training required\nunder subregulations (1) and (2) or subregulation (3), may be accepted for\nservice as referred to in those subregulations on Cayman Islands ships.\n11.\nTraining and qualifications of masters and seamen on ro-ro passenger\nships\n11. (1) This regulation applies to masters and seamen serving on board ro-ro\npassenger ships.\n(2) Prior to being assigned shipboard duties on board ro-ro passenger ships,\nseafarers shall have completed the training required by subregulations (4)\nto (8) in accordance with their capacity, duties and responsibilities.\n(3) Seafarers who are required to be trained in accordance with subregulations (4),\n(7) and (8) shall, at intervals not exceeding five years, undertake appropriate\nrefresher training or be required to provide evidence of having achieved the\nrequired standards of competence within the previous five years; and in this\nsubregulation \u2014\n\u201crequired standards of competence\u201d means the standards of competence the\nattainment of which is achieved by the training referred to in subregulations\n(4), (7) and (8).\n(4) Masters and seamen designated on muster lists to assist passengers in\nemergency situations on board ro-ro passenger ships shall have completed\ntraining in crowd management as specified in section A-V\/12, paragraph 1 of\nthe STCW Code.\n(5) Masters and seamen assigned specific duties and responsibilities on board roro passenger ships shall have completed the familiarisation training specified\nin section A-V\/2, paragraph 2 of the STCW Code.\n\nMerchant Shipping (Certification, Safe Manning, Hours of Work and\nWatchkeeping) Regulations\nRegulation 12\n\nc\nRevised as at 6th day of July, 2004\nPage 17\n\n(6) Seamen providing direct service to passengers in passenger spaces on board\nro-ro passenger ships shall have completed the safety training specified in\nsection A-V\/2, paragraph 3 of the STCW Code.\n(7) Masters, chief mates, chief engineer officers, second engineer officers and\nevery person assigned immediate responsibility for embarking and\ndisembarking passengers, loading, discharging or securing cargo, or closing\nhull openings on board ro-ro passenger ships shall have completed approved\ntraining in passenger safety, cargo safety and hull integrity as specified in\nsection A-V\/2, paragraph 4 of the STCW Code.\n(8) Masters, chief mates, chief engineer officers, second engineer officers and any\nperson having responsibility for the safety of passengers in emergency\nsituations on board ro-ro passenger ships shall have completed approved\ntraining in crisis management and human behaviour as specified in section AV\/2, paragraph 5 of the STCW Code.\n(9) Documentary evidence issued by or under the authority of an STCW country\nconfirming that the holder has received the training required under this\nregulation, may be accepted for service on Cayman Islands ro-ro passenger\nships.\n12.\nTraining and qualifications of masters and seamen on passenger ships\nother than ro-ro passenger ships\n12. (1) This regulation applies to masters and seamen serving on-board passenger\nships, other than ro-ro passenger ships.\n(2) Prior to being assigned shipboard duties on board passenger ships, seafarers\nshall have completed the training required by subregulations (4) to (8) in\naccordance with their capacity, duties and responsibilities.\n(3) Seafarers who are required to be trained in accordance with subregulations (4),\n(7) and (8) shall, at intervals not exceeding five years, undertake appropriate\nrefresher training or be required to provide evidence of having achieved the\nrequired standards of competence within the previous five years; and in this\nsubregulation \u2014\n\u201crequired standards of competence\u201d means the standards of competence the\nattainment of which is achieved by the training referred to in subregulations\n(4), (7) and (8).\n(4) Masters and seamen designated on muster lists to assist passengers in\nemergency situations on board passenger ships shall have completed training\nin crowd management as specified in Section A-V\/3, paragraph 1 of the\nSTCW Code.\n(5) Masters and seamen assigned specific duties and responsibilities on board\npassenger ships shall have completed the familiarisation training specified in\nsection A-V\/3, paragraph 2 of the STCW Code.\n\nRegulation 13\nMerchant Shipping (Certification, Safe Manning, Hours of Work and\nWatchkeeping) Regulations\n\nPage 18\nRevised as at 6th day of July, 2004\nc\n\n(6) Seamen providing direct service to passengers on board passenger ships in\npassenger spaces shall have completed the safety training specified in Section\nA-V\/3, paragraph 3 of the STCW Code.\n(7) Masters, chief mates, and every person assigned immediate responsibility for\nembarking and disembarking passengers shall have completed approved\ntraining in passenger safety as specified in Section A-V\/3, paragraph 4, of the\nSTCW Code.\n(8) Masters, chief mates, chief engineer officers, second engineer officers and any\nperson having responsibility for the safety of passengers in emergency\nsituations on board passenger ships shall have completed approved training in\ncrisis management and human behaviour as specified in Section A-V\/3,\nparagraph 5 of the STCW Code.\n(9) Documentary evidence issued by or under the authority of an STCW country\nconfirming that the holder has received the training required under this\nregulation, may be accepted for service on Cayman Islands passenger ships\nother than ro-ro passenger ships.\n13.\nTraining and qualifications of masters and seamen on high-speed craft\n13. (1) This regulation applies to masters and seamen serving on board high-speed\ncraft which are ships constructed on or after the 1st January, 1996.\n(2) Prior to being assigned shipboard duties on board high speed craft, masters\nand seamen shall have completed the training specified in the Third Schedule.\n(3) A certificate or other documentary evidence issued by or under the authority of\nan STCW country confirming that the holder has received the training required\nunder this regulation may be accepted for service on Cayman Islands ships\nwhich are high-speed craft.\n14.\nFamiliarisation and basic safety training, etc., for all seafarers\n14. All seafarers shall receive familiarisation, basic safety training or instruction in\naccordance with Section A-VI\/1 of the Annex to the STCW Code and shall meet the\nappropriate standard of competence specified therein.\n15.\nRequirements for the holding of certificates of proficiency in survival craft\nand rescue boats\n15. (1) Every person designated to launch or take charge of survival craft or rescue\nboats, other than fast rescue boats, shall meet the criteria specified in\nRegulation VI\/2.1 of the Annex to the STCW Convention and be in possession\nof a certificate of proficiency in such craft.\n(2) Every person designated to launch or take charge of a fast rescue boat shall\nmeet the criteria specified in Regulation VI\/2.2 of the Annex to the STCW\nConvention and be in possession of a certificate of proficiency in such boats.\n\nMerchant Shipping (Certification, Safe Manning, Hours of Work and\nWatchkeeping) Regulations\nRegulation 16\n\nc\nRevised as at 6th day of July, 2004\nPage 19\n\n(3) Where the Director is satisfied that a person as referred to in subregulation (1)\nor (2) meets the criteria referred to, respectively, in those subregulations, he\nmay issue to such person an appropriate certificate of proficiency, and the\nholder of such certificate shall be accepted for service on Cayman Islands\nships.\n(4) A certificate of proficiency or an equivalent certificate issued by or under the\nauthority of an STCW country confirming that the holder has received the\ntraining required under this regulation may be accepted for service on Cayman\nIslands ships.\n(5) In this regulation \u2014\n\u201cfast rescue boat\u201d means a rescue boat which is \u2014\n(i)\nnot less than six metres in length and not more than eight and one\nhalf metres in length; and\n(ii) capable of manoeuvring, for at least four hours, at a speed of at least\ntwenty knots in calm water with a suitably qualified crew of three\npersons and at least eight knots with a full complement of persons\nand equipment;\n\u201crescue boat\u201d means a boat designed and constructed, in compliance with the\nrelevant provisions of Chapter III to the Annex to the Safety Convention, to\nrescue persons in distress and to marshal survival craft; and\n\u201csurvival craft\u201d means a craft capable of sustaining the lives of persons in\ndistress from the time of abandoning the ship.\n16.\nRequirements for training in advanced fire-fighting\n16. (1) Seafarers designated to control fire-fighting operations shall have successfully\ncompleted advanced training in techniques for fighting fire with particular\nemphasis on organisation, tactics and command in accordance with the\nprovisions of Section A-VI\/3 of the STCW Code and shall meet the standard\nof competence specified therein.\n(2) Where training in advanced fire fighting is not included in the qualifications\nfor the issue of a certificate held by a seafarer, he shall be in possession of a\nspecial certificate or other appropriate documentary evidence indicating that he\nhas attended a course of training in advanced fire fighting.\n(3) A certificate or other documentary evidence issued by or under the authority of\nan STCW country confirming that the holder has received the training required\nunder this regulation may be accepted for service on Cayman Islands ships\nwhere the holder is designated to control the operations referred to in\nparagraph (1).\n\nRegulation 17\nMerchant Shipping (Certification, Safe Manning, Hours of Work and\nWatchkeeping) Regulations\n\nPage 20\nRevised as at 6th day of July, 2004\nc\n\n17.\nRequirements relating to medical first aid and medical care\n17. (1) Seafarers designated to provide medical first aid on board ship shall meet the\nstandard of competence in medical first aid specified in Section A-VI\/4,\nparagraphs 1 to 3 of the STCW Code.\n(2) Seafarers designated to take charge of medical care on board ship shall meet\nthe standard of competence in medical care on board ships specified in Section\nA-VI\/4, paragraphs 4 to 6 of the STCW Code.\n(3) Where training in medical first aid or medical care is not included in the\nqualifications for the issue of a certificate held by a seafarer, he shall be in\npossession of a special certificate or other appropriate documentary evidence\nindicating that he has attended a course in medical first aid or medical care.\n(4) A certificate or other documentary evidence issued by or under the authority of\nan STCW country confirming that the holder has received the training required\nunder this regulation may be accepted for service on Cayman Islands ships\nwhere the holder is designated to provide the medical first aid or medical care\nreferred to in subregulation (1) or (2).\n18.\nIssue, form, validity, record and surrender of endorsements\n18. (1) A seafarer, on application and payment of the prescribed fee shall be entitled\nto be issued an endorsement provided he meets the requirements set out in\nthese regulations.\n(2) Endorsements under these regulations shall be issued by the Director.\n(3) An endorsement shall remain valid for sea-going service only so long as the\nholder can comply with the standards and conditions as to medical fitness and\nprofessional competence to act in the appropriate capacity specified by the\nDirector.\n(4) A record of all endorsements which are issued under these regulations, or\nwhich have expired or have been suspended, cancelled, or reported lost or\ndestroyed, and any alteration of or any other matters affecting any such\ncertificates or endorsements, shall be kept in such manner as the Director may\nrequire which shall include at least the details specified in the Fourth Schedule\nand any other details which may be specified by the IMO from time to time.\n(5) Where a person is convicted of an offence under section 111(6) or where a\ncertificate or endorsement is issued and the conditions for its issue prescribed\nin these regulations or specified by the Director have not been complied with,\nthen the holder of the relevant endorsement shall, at the direction of the\nDirector, deliver it for cancellation to the Director, or to such person as the\nDirector directs.\n(6) In this regulation and regulation 19 \u2014\n\nMerchant Shipping (Certification, Safe Manning, Hours of Work and\nWatchkeeping) Regulations\nRegulation 19\n\nc\nRevised as at 6th day of July, 2004\nPage 21\n\n\u201cendorsement\u201d means endorsement of the recognition of a certificate under\nregulation 6.\n19.\nLoss of endorsements\n19. Where a person is deprived of an endorsement issued to him, the Director \u2014\n(a)\nif satisfied that the person has lost or been deprived of the endorsement\nwithout fault on his part shall; and\n(b) if he is not so satisfied, may,\nupon receipt of any fee payable, cause a certified copy of the endorsement to\nbe issued to him.\nPART III - HOVERCRAFT\n20.\nApplication to hovercraft\n20. This Part applies to every sea-going hovercraft registered in the Islands which was\nconstructed on or after the 1st January, 1996.\n21.\nRequirements for the training of hovercraft personnel\n21. (1) It shall be the duty of every owner of a hovercraft to which this Part applies to\nensure that masters and seamen have completed the training as specified by the\nDirector.\n(2) It shall be the duty of every person providing the training referred to in this\nregulation to issue documentary evidence to every person successfully\ncompleting such training. In the case of masters, and of officers having an\noperational role on high speed craft, the documentary evidence shall be a\ncertificate in a form specified by the Director which shall be endorsed in a\nmanner specified by the Director.\n(3) Any owner who contravenes subregulation (1) is guilty of an offence and\nliable on summary conviction to a fine of ten thousand dollars.\n22.\nApplication of Part III to endorsements\n22. Regulations 18 and 19 apply to endorsements issued under regulation 21 as they\napply to other certificates endorsed under these regulations.\n23.\nExemption from hovercraft requirements\n23. The Director may exempt the owner of any hovercraft from any of the requirements\nof regulation 21 subject to such conditions as he may specify, and may alter or\ncancel any exemption so granted.\n\nRegulation 24\nMerchant Shipping (Certification, Safe Manning, Hours of Work and\nWatchkeeping) Regulations\n\nPage 22\nRevised as at 6th day of July, 2004\nc\n\nPART IV - SAFE MANNING\n24.\nResponsibilities of companies, masters and others\n24. (1) This regulation applies only to Cayman Islands ships.\n(2) Every company or operator shall ensure that \u2014\n(a)\nevery seafarer assigned to any of its ships holds an appropriate certificate\nin respect of any function he is to perform on that ship;\n(b) every seafarer on any of its ships has had training specified in these\nregulations in respect of any function that he is to perform on that\nship; and\n(c)\ndocumentation and data relevant to all seafarers employed on its ships are\nmaintained and readily available for inspection and include, without\nbeing limited to, documentation and data on their experience, training,\nmedical fitness and competence in assigned duties.\n(3) Nothing in subregulation (2) shall prohibit the allocation of tasks for training\nunder supervision or in case of force majeure.\n(4) The company shall provide written instructions to the master of each of its\nships setting out the policies and the procedures to be followed to ensure that\nall seafarers who are newly employed on board the ship are given a reasonable\nopportunity to become familiar with the shipboard equipment, operating\nprocedures and other arrangements needed for the proper performance of their\nduties, before being assigned to those duties.\n(5) The policies and procedures referred to in subregulation (4) shall include \u2014\n(a)\nallocation of a reasonable period of time during which each newly\nemployed\nseafarer\nwill\nhave\nan\nopportunity\nto\nbecome\nacquainted with \u2014\n(i)\nthe specific equipment the seafarer will be using or operating; and\n(ii) ship-specific watchkeeping, safety, environmental protection and\nemergency procedures and arrangements the seafarer needs to know\nto perform the assigned duties properly; and\n(b) designation of a knowledgeable crew member who will be responsible\nfor ensuring that an opportunity is provided to each newly employed\nseaman to receive essential information in a language the seaman\nunderstands.\n(6) It shall be the duty of every seafarer required to carry out any obligation\narising under subregulation (4), to carry out that obligation.\n\nMerchant Shipping (Certification, Safe Manning, Hours of Work and\nWatchkeeping) Regulations\nRegulation 25\n\nc\nRevised as at 6th day of July, 2004\nPage 23\n\n25.\nSafe manning document\n25. (1) It shall be the duty of the company to ensure that in relation to every ship of\n500 GT or more \u2014\n(a)\na safe manning document is in force in respect of the ship and the\nmanning of the ship;\n(b) the safe manning document is kept on board the ship at all times; and\n(c)\nthe manning of the ship is maintained at all times to at least the levels\nspecified in the safe manning document.\n(2) The master of a ship to which this regulation applies shall ensure that the ship\ndoes not proceed to sea unless there is on board a valid safe manning\ndocument issued in respect of the ship and the manning of the ship complies\nwith that document.\n(3) It shall be the duty of the company applying for the safe manning document in\nrespect of any Cayman Islands ship to submit to the Director proposals as to\nthe numbers and grade of personnel it considers should be carried so that the\nship would be safely manned if it proceeded to sea on any intended voyages;\n(4) In preparing such proposals the company shall take into account the guidelines\ncontained in the Fifth Schedule and any additional guidance issued by the\nDirector;\n(5) It shall be the duty of the company after the issue of a safe manning document\nto inform the Director as soon as any of the circumstances which are pertinent\nto that safe manning document change, for the purpose of enabling the\nDirector to review the document\u2019s continuing validity or approve new\nproposals from the company.\n(6) The safe manning document referred to in subregulation (1)(a) shall be in the\nform prescribed by the Director.\n(7) Subject to subregulation (8), if a member of the crew specified in the safe\nmanning document is incapacitated through accident or sudden illness or is\nunable to sail due to disciplinary action; or in any other unforeseen\ncircumstances causing the available complement on the ship to be less than\nthat prescribed in the safe manning document, the final decision as to whether\nthe ship should proceed to sea shall rest with the master.\n(8) Prior to making any such decision to proceed to sea as referred to in\nsubregulation (7), the master shall ensure that \u2014\n(a)\nthe duration of the voyage is no more than twenty-one days and limited\nonly to the next port of call;\n(b) subject to regulation 31, suitable watchkeeping arrangements can be\nmaintained throughout the voyage for the safe operation of the ship and\n\nRegulation 26\nMerchant Shipping (Certification, Safe Manning, Hours of Work and\nWatchkeeping) Regulations\n\nPage 24\nRevised as at 6th day of July, 2004\nc\n\nthe protection of the environment, having due regard to the requirements\nof regulations 28, 29 and 30;\n(c)\nnecessary adjustments can be made to the muster list to meet any\nemergency situation;\n(d) the replacement seafarer would be available to join the ship at the next\nport of call;\n(e)\nthe Director is kept fully informed of the circumstances; and\n(f)\nappropriate entries are made in the ship\u2019s official log book, relating to the\ncircumstances.\n(9) The Fifth Schedule applies in respect of this regulation.\n26.\nDispensations\n26. (1) Subject to subregulation (2), the Director may, in circumstances of exceptional\nnecessity and where in his opinion no danger to persons, property or the\nenvironment will be caused, issue a dispensation permitting a specified\nseafarer to serve in a specified ship for a specified period not exceeding six\nmonths in a capacity, other than that of a radio operator, or a radiotelephone\noperator, except as provided by the relevant radio regulations, for which he\ndoes not hold the appropriate certificate, provided the person to whom the\ndispensation is issued is adequately qualified to fill the vacant post in a safe\nmanner, in accordance with the applicable safe manning requirements.\n(2) A dispensation shall not be granted to a person to act as a master or chief\nengineer except in circumstances of force majeure, and in any event, such\ndispensation, where granted, shall be granted only to an officer at the\nmanagement level and for the shortest duration possible and in granting a\ndispensation under this subregulation, the Director shall specify the particular\nvoyage or part of a voyage for which the dispensation will be valid.\n(3) A dispensation shall only be granted to a person properly certificated to fill the\npost immediately below; and where certification for such post is not required\nunder these regulations, a dispensation may be issued to a person whose\nqualifications and experience are, in the opinion of the Director, of a clear\nequivalence to the requirements for the post to be filled, provided that, if such\nperson does not hold an appropriate certificate, he shall be required to pass a\ntest acceptable to the Director as demonstrating that such a dispensation may\nsafely be issued.\n(4) Where a dispensation is granted under this regulation, the Director shall ensure\nthat the post in question is filled by the holder of an appropriate certificate as\nsoon as possible.\n(5) The Director shall, as soon as possible after the 1st January of each year,\nsubmit to the Secretary of State of the United Kingdom responsible shipping\nfor onward transmission to the Secretary-General, a report indicating the total\n\nMerchant Shipping (Certification, Safe Manning, Hours of Work and\nWatchkeeping) Regulations\nRegulation 27\n\nc\nRevised as at 6th day of July, 2004\nPage 25\n\nnumber of dispensations granted for each capacity for which an appropriate\ncertificate is required in respect of all sea-going Cayman Islands ships, and the\nnumbers of those ships above and below 1,600 GT respectively.\nPART V - HOURS OF WORK\n27.\nApplication of Part V\n27. This Part applies only to Cayman Islands ships.\n28.\nGeneral duty of company, employers and masters regarding hours of work\n28. (1) Subject to regulation 31, it shall be the duty of every company in respect of a\nship, and of every employer, to ensure, so far as is reasonably practicable, that\nseafarers do not work more hours than is safe in relation to the safety of the\nship and the seafarers\u2019 performance of their duties.\n(2) Subject to regulation 31, it shall be the duty of every master of a ship to\nensure, so far as is reasonably practicable, that the seamen do not work more\nhours than is safe in relation to the safety of the ship and the seamen\u2019s\nperformance of their duties.\n29.\nDuties of seafarers regarding rest periods\n29. Every seafarer shall, so far as is reasonably practicable, ensure that he is properly\nrested when commencing duty on a ship and that he obtains adequate rest during\nperiods when he is off duty.\n30.\nSchedules of duties and need to maintain records\n30. (1) It shall be the duty of the company to produce a schedule of duties complying\nwith this regulation.\n(2) Where the company is not also the employer of all the seafarers, it shall\nconsult any other person who is an employer of any of the seafarers before\nproduction of the schedule.\n(3) The company may arrange with any such employer that the employer is to\nproduce a schedule of duties complying with this regulation and in such a case\nthat employer shall also be subject to the duties of the company under this\nregulation.\n(4) Before producing a schedule the company shall seek the views of the master,\nand the master shall seek, and convey to the company, the views of the seamen\nor their representatives.\n(5) Subject to subregulation (6), a schedule complies with this regulation if \u2014\n(a)\nit sets out the hours of work for \u2014\n\nRegulation 30\nMerchant Shipping (Certification, Safe Manning, Hours of Work and\nWatchkeeping) Regulations\n\nPage 26\nRevised as at 6th day of July, 2004\nc\n\n(i)\nmasters and seamen whose work includes regular watchkeeping\nduties or ship handling; and\n(ii) the ship\u2019s chief engineer, chief officer and second engineer officer,\nso as to provide that they do not work more hours than is safe in\nrelation to the safety of the ship and the master\u2019s and seamen\u2019s\nperformance of their duties;\n(b) it specifies the maximum period of continuous watchkeeping, the\nminimum rest period between watches, and the total daily, weekly and\nmonthly hours of work; and\n(c)\nit provides a minimum of ten hours of rest in any twenty-four hour\nperiod, which may be divided into no more than two periods, one of\nwhich shall be at least six hours in length.\n(6) Notwithstanding subregulation (5)(c), the minimum period of ten hours may\nbe reduced to not less than six consecutive hours on condition that any such\nreduction shall not extend beyond two days and not less than seventy hours of\nrest are provided in each seven day period.\n(7) The company shall give consideration to the nature of the shipping operation\nand the voyages to be undertaken in arranging hours of work at sea and in port.\n(8) The schedule may be changed by the company, or by an employer who, by\nvirtue of subregulation (3), is subject to duties of the company, on\ncondition that \u2014\n(a)\nother employers and the company (as the case may be) have been\nconsulted;\n(b) the company or the employer has sought the views of the master on the\nproposed changes and the master has sought and conveyed to the\ncompany the views of the seamen or their representatives; and\n(c)\nthe schedule, as changed, complies with subregulation (5).\n(9) The company shall ensure that the schedule is displayed prominently in the\ncrew accommodation for the information of all the seafarers and that it is in a\nstandardised format in the working language of the ship and in English.\n(10) It shall be the duty of the master to ensure, as far as reasonably practicable,\nthat the hours of work specified in the schedule are not exceeded.\n(11) The following requirements apply with respect to the schedule produced in\naccordance with subregulation (1):\n(a)\nthe company and the master shall maintain on the ship a copy of the\nschedule, and a record of all deviations from its requirements;\n(b) the company for the time being shall ensure that a copy of the schedule\nand of the record of all deviations from its requirements are preserved for\nfive years from the date the schedule was introduced, and that they are\n\nMerchant Shipping (Certification, Safe Manning, Hours of Work and\nWatchkeeping) Regulations\nRegulation 31\n\nc\nRevised as at 6th day of July, 2004\nPage 27\n\navailable for inspection by the Shipping Master, a proper officer or a\nsurveyor as defined in the Law, or an inspector appointed under\nsection 414;\n(c)\nif during the five year period there ceases to be a company in relation to\nthe ship, the duty to preserve the copies of the schedule and of the record\nshall remain with the last such company; and\n(d) the master shall give to every seaman a copy of the schedule pertaining to\nthat seaman, which copy shall be signed by the master or a person\nauthorised by the master, and by the seaman.\n(12) Musters, fire-fighting and lifeboat drills shall be conducted in a manner that\nminimises the disturbance of the rest periods and does not induce fatigue.\n(13) Where a seafarer is on call, such as where a machinery space is unattended, an\nadequate compensatory rest period shall be given to such seafarer if the normal\nperiod of rest is disturbed by call-outs to work.\n(14) In this regulation and regulation 31 \u2014\n\u201cschedule\u201d means the schedule of duties referred to in subregulation (1).\n31.\nExceptions for emergencies\n31. (1) The requirements for rest periods specified in subregulations (5)(c) and (6) of\nregulation 30 need not be maintained in case of any emergency including\ngiving assistance to other ships or persons in distress at sea.\n(2) Without prejudice to the generality of subregulation (1), a seafarer may\nparticipate in a navigational, engine room or machinery watch although he has\nnot had the rest period provided by the schedule produced under regulation 29,\nand the master may exceed, and any number of seamen may be required to\nexceed, the schedule\u2019s work or duty periods, when in the opinion of the master\nit is necessary to meet an emergency threatening the safety of the ship or the\nlife of any person or threatening damage to the environment, until the\nemergency is over.\n(3) As soon as practicable after the emergency is over, the master shall ensure that\nany seamen who have performed work in a scheduled rest period are provided\nwith an adequate period of rest.\n(4) When, under subregulation (1), a seafarer has worked within a rest period\nprovided for by the schedule, his name shall be entered in the record required\nto be maintained by regulation 30(11), together with the reason why he is so\nworked.\n32.\nDuty to carry copy of regulations\n32. There shall be carried on board every Cayman Islands ship to which these\nregulations apply a copy of Parts V and VI of these regulations.\n\nRegulation 33\nMerchant Shipping (Certification, Safe Manning, Hours of Work and\nWatchkeeping) Regulations\n\nPage 28\nRevised as at 6th day of July, 2004\nc\n\n33.\nFailure to comply with provisions relating to hours of work and rest\n33. (1) Where the records or other evidence indicate a failure, on the part of any\nperson concerned, to comply with the provisions of these regulations relating\nto hours of work and rest, the Director shall take such measures as he may\ndeem necessary to ensure that such failure to comply is not repeated.\n(2) The measures referred to in this regulation may include a revision of the safe\nmanning requirements.\nPART VI - WATCHKEEPING\n34.\nWatchkeeping arrangements\n34. (1) The master of any ship shall ensure that the watchkeeping arrangements for\nthe ship are at all times adequate for maintaining safe navigational and\nengineering watches having regard to Chapter VIII of Section A of the\nSTCW Code.\n(2) Without prejudice to the duties of the master provided by subregulation (1),\nthe master shall give directions to the deck watchkeeping officers responsible\nfor navigating the ship safely during their periods of duty, in accordance with\nSection A-VIII\/2, Part 3-1 of the STCW Code and any requirements specified\nin the Fifth Schedule.\n(3) The chief engineer officer of any ship shall ensure that the engineering\nwatchkeeping arrangements for the ship are at all times adequate for\nmaintaining a safe watch, in accordance with Section A-VIII\/2, Part 3-2 of the\nSTCW Code, and when deciding the composition of the watch the chief\nengineer officer shall observe the principles set out in Part 3-2 of that Section\nand the requirements specified in the Fifth Schedule.\n35.\nWatchkeeping arrangements in port\n35. The master of any ship which is safely moored or safely at anchor under normal\ncircumstances in port shall arrange for an appropriate and effective watch to be\nmaintained for the purposes of safety. Such arrangements shall be in accordance\nwith Section A-VIII\/2, Part 4 of the STCW Code and any operational guidance\nspecified in the Fifth Schedule.\n36.\nWatchkeeping arrangements in port for ships carrying hazardous cargo\n36. (1) The master of any ship which is carrying hazardous cargo and which is in port,\neven when safely moored or safely at anchor, shall in addition to any\nwatchkeeping arrangements required under regulation 35, in the case of a ship\ncarrying hazardous cargo \u2014\n\nMerchant Shipping (Certification, Safe Manning, Hours of Work and\nWatchkeeping) Regulations\nRegulation 37\n\nc\nRevised as at 6th day of July, 2004\nPage 29\n\n(a)\nin bulk, ensure that a safe deck watch and safe engineering watch are\nmaintained by the ready availability on board of a duly qualified officer\nor officers, and where appropriate, ratings; and\n(b) other than in bulk, ensure that in organising safe watchkeeping\narrangements he takes account of the nature, quality, packing and\nstowage of the hazardous cargo and of any special conditions on board,\nafloat and ashore.\n(2) Such watchkeeping arrangements shall take full account of the principles and\nrequirements specified by the Director and as provided in the Fifth Schedule.\nPART VII - MISCELLANEOUS\n37.\nProhibition on the employment of young persons\n37. (1) No person under the age of sixteen shall be employed on a ship.\n(2) No person under the age of eighteen shall be employed as a trimmer or stoker\non a ship.\n(3) No seaman under the age of eighteen shall work at night.\n(4) In subregulation (3) \u2014\n\u201cnight\u201d means a period of at least nine consecutive hours, including the period\nfrom midnight to 0500 hours.\n38.\nCarriage of STCW certificates and documents\n38. Without prejudice to regulation 24, the company and the master shall ensure that\nthere are carried at all times on board ship all original certificates and other\ndocuments issued under the STCW Convention indicating the qualification of any\nmember of the crew to perform functions which they are required to perform aboard\nship in the course of their designated duties.\n39.\nInspection of ships\n39. (1) An authorised person may inspect any ship while in a Cayman Islands port or\nroadstead for the purposes of \u2014\n(a)\nverifying that all seafarers serving on board who are required to be\ncertificated hold valid appropriate certificates and endorsements or valid\ndispensations or have provided the documentary proof required by\nRegulation I\/10, paragraph 5 of the STCW Convention, or where\nregulation 6(4) is applicable, the requirements of that provision have\nbeen met;\n\nRegulation 39\nMerchant Shipping (Certification, Safe Manning, Hours of Work and\nWatchkeeping) Regulations\n\nPage 30\nRevised as at 6th day of July, 2004\nc\n\n(b) verifying that the numbers and certificates of the seafarers serving on\nboard\nare\nin\nconformity\nwith\nthe\napplicable\nsafe\nmanning\nrequirements; and\n(c)\nassessing the ability of the seafarers in the ship to maintain the\nwatchkeeping standards required by these regulations where there are\nclear grounds for believing that such standards are not being maintained\nbecause, while in a Cayman Islands port or roadstead, any of the\nfollowing have occurred \u2014\n(i)\nthe ship has been involved in a collision, grounding or stranding;\n(ii) there has been an unlawful discharge of substances from the ship\nwhen underway, at anchor or at a berth;\n(iii) the ship has been manoeuvred in an erratic or unsafe manner, or\nnavigational course markers or traffic separation schemes have not\nbeen followed; or\n(iv) the ship has otherwise been operated in such a manner as to pose a\ndanger to persons, property or the environment.\n(2) Where an authorised person finds on inspection any deficiency of a kind\nspecified in subregulation (3) he shall notify in writing the master of the ship\nand in the case of a ship which is not a Cayman Islands ship, the nearest\nmaritime consular or diplomatic representative of the flag state, and, where\npracticable, the relevant authorities of the flag state.\n(3) Deficiencies referred to in subregulation (2) are \u2014\n(a)\na failure by any seafarer required to hold an appropriate certificate, to\nhave a valid appropriate certificate, an endorsement or a valid\ndispensation;\n(b) a failure of any seafarer to produce the documentary proof required by\nRegulation I\/10, paragraph 5, of the STCW Convention, or, where\nregulation 6(4) is applicable, the requirements of that provision have not\nbeen met;\n(c)\na failure to comply with the applicable safe manning requirements;\n(d) a failure of navigational or engineering watch arrangements to conform\nto the requirements specified for the ship by the competent authority of\nthe country in which the ship is registered;\n(e)\nan absence on a watch of a person qualified to operate equipment\nessential to safe navigation, safety radio communications or the\nprevention of marine pollution; and\n(f)\nan inability of the master to provide adequately rested persons for the\nfirst watch at the commencement of a voyage and for subsequent\nrelieving watches.\n\nMerchant Shipping (Certification, Safe Manning, Hours of Work and\nWatchkeeping) Regulations\nRegulation 40\n\nc\nRevised as at 6th day of July, 2004\nPage 31\n\n(4) The certificates, endorsements and dispensations referred to in subregulation\n(1) shall be accepted by the authorised person carrying out the inspection\nunless there are clear grounds for believing that a certificate has been\nfraudulently obtained or that the holder of a certificate is not the person to\nwhom that certificate was originally issued.\n(5) This regulation applies to a Cayman Islands ship wherever it may be.\n40.\nPower to detain\n40. In any case where it is found \u2014\n(a)\nin relation to a Cayman Islands ship, that there is any contravention of\nthese regulations; or\n(b) in relation to a non-Cayman Islands ship, that there is \u2014\n(i)\nany contravention of regulation 25 34, 35 or 36; or\n(ii) a failure to correct a deficiency of a kind specified in regulation\n39(3) after notification to the master under regulation 39(2), and\nthere is in consequence a danger to persons, property or the\nenvironment,\nthe ship may be detained, and section 439 shall apply as if for the words \u201cthe\nLaw\u201d, whenever they appear, there were substituted the words \u201cthe Merchant\nShipping (Certification, Safe Manning, Hours of Work, and Watchkeeping)\nRegulations (2004 Revision)\u201d.\n41.\nParity of treatment of STCW ships and non-STCW ships\n41. Regulations 39 and 40 shall be applied as may be necessary to ensure that no more\nfavourable treatment is given to non-STCW ships than is given to STCW ships.\n42.\nMaintenance of register of certificates and endorsements issued and\nprovision of information relating thereto\n42. (1) The Director shall maintain a register of all certificates and endorsements\nwhich have been issued, expired, revalidated, suspended, cancelled or reported\nlost or destroyed and of dispensations issued.\n(2) The Director shall make available information on the status of such\ncertificates, endorsements and dispensations as are referred to in subregulation\n(1), to the authorities of other STCW countries and companies who request\nverification of the authenticity and validity of certificates produced to them by\nseafarers seeking recognition of their certificates or for employment on\nboard ship.\n(3) The Director may request from the authorities of other STCW countries\ninformation on certificates, endorsements and dispensations issued by them,\nwhere such certificates, endorsements and dispensations are produced to the\nDirector by seafarers seeking recognition of their certificates under\n\nRegulation 43\nMerchant Shipping (Certification, Safe Manning, Hours of Work and\nWatchkeeping) Regulations\n\nPage 32\nRevised as at 6th day of July, 2004\nc\n\nregulation 5 or for seeking employment on board Cayman Islands sea-going\nships or by seafarers serving on board non-Cayman Islands ships operating in\nCayman Islands waters.\n43.\nOffences\n43. (1) A company which contravenes regulation 24(2) or (4), 25(1), (3), (4) or (5),\n30(1), (2), (8) or (11), or 38 is guilty of an offence and liable on summary\nconviction to a fine of twenty-five thousand dollars or, on indictment to a fine\nof fifty thousand dollars and (in the case of an individual) to imprisonment for\ntwelve months.\n(2) A master who contravenes regulation 24(6), 25(2), 28(2), 34(1) or (2), 35, 36\nor 38 is guilty of an offence and liable on summary conviction to a fine of\nfifteen thousand dollars, or on indictment to a fine of twenty-five thousand\ndollars and to imprisonment for twelve months.\n(3) Where an employer has, under regulation 30(3), become subject to the duties\nof the company under that regulation, any contravention of regulation\n30(1), (2), (8) or (11) by the employer is an offence punishable on summary\nconviction by a fine of twenty-five thousand dollars, or, on indictment by a\nfine of fifty thousand dollars and (in the case of an individual) by\nimprisonment for six months.\n(4) A seafarer who contravenes regulation 24(6) is guilty of an offence and on\nsummary conviction liable to a fine not exceeding level 3 on the standard\nscale.\n(5) A chief engineer officer who contravenes regulation 34(3) is guilty of an\noffence and on summary conviction liable to a fine not exceeding level 5 on\nthe standard scale.\n(6) A company which contravenes regulation 28(1) is guilty of an offence and on\nsummary conviction liable to a fine not exceeding level 5 on the standard\nscale.\n(7) An employer who contravenes regulation 28(1) is guilty of an offence and on\nsummary conviction liable to a fine not exceeding level 5 on the standard\nscale.\n(8) A master who contravenes regulation 30(10) or (11) is guilty of an office and\non summary conviction liable to a fine not exceeding level 1 on the standard\nscale.\n(9) A seafarer who contravenes regulation 29 is guilty of an offence and on\nsummary conviction liable to a fine not exceeding level 1 on the standard\nscale.\n\nMerchant Shipping (Certification, Safe Manning, Hours of Work and\nWatchkeeping) Regulations\nRegulation 44\n\nc\nRevised as at 6th day of July, 2004\nPage 33\n\n(10) It shall be a defence for a person charged with an offence under these\nregulations to prove that he took all reasonable steps to avoid commission of\nthe offence.\n(11) In proceedings for an offence under these regulations consisting of a failure to\ncomply with a duty or requirement to do something so far as is reasonably\npracticable, it shall be for the accused to prove that it was not reasonably\npracticable to do more than was in fact done to satisfy the duty or requirement.\n44.\nRequirements for pleasure vessels in commercial use\n44. The requirement for certification, safe manning, hours of work and watchkeeping in\nrespect of pleasure yachts in commercial use under 3000 GT shall be in accordance\nwith the relevant provisions of the Code referred to in regulation 4 of the Merchant\nShipping (Vessels in Commercial Use for Sport or Pleasure) Regulations, 2002.\n45.\nExemptions\n45. The Director may grant, on such terms, if any, as he may specify, exemptions from\nall or any provisions of these regulations for classes of cases or individual cases.\n\nMerchant Shipping (Certification, Safe Manning, Hours of Work and\nWatchkeeping) Regulations\nFIRST SCHEDULE\n\nc\nRevised as at 6th day of July, 2004\nPage 35\n\n FIRST SCHEDULE\nFIRST SCHEDULE\nregulation 6(2)\nFORM OF ENDORSEMENT FOR RECOGNITION OF A\nCERTIFICATE\nCAYMAN ISLANDS\nENDORSEMENT ATTESTING TO THE RECOGNITION OF A\nCERTIFICATE UNDER THE PROVISIONS OF THE\nINTERNATIONAL CONVENTION ON STANDARDS OF\nTRAINING, CERTIFICATION AND WATCHKEEPING FOR\nSEAFARERS, 1978, AS AMENDED IN 1995\nThe Government of the Cayman Islands certifies that Certificate No. ........... issued to\n................................ by or on behalf of the Government of .............................................. is\nduly recognised in accordance with the provisions of regulation I\/10 of the above\nConvention, as amended, and the lawful holder is authorised to perform the following\nfunctions at the levels specified, subject to any limitations indicated, until\n.............................................. or until the date of expiry of any extension of the validity of\nthis endorsement as may be shown overleaf:\nFUNCTION\nLEVEL\nLIMITATIONS APPLYING\n (IF ANY)\n\nThe lawful holder of this endorsement may serve in the following capacity or capacities\nspecified in the applicable safe manning requirements of the Cayman Islands-\n\nFIRST SCHEDULE\nMerchant Shipping (Certification, Safe Manning, Hours of Work and\nWatchkeeping) Regulations\n\nPage 36\nRevised as at 6th day of July, 2004\nc\n\nOfficial\nSeal\nCAPACITY\nLIMITATIONS APPLYING (IF ANY)\n\nEndorsement No......................................Issued on ..................................................\n                                                           ..........................................................\nSignature of duly authorised official\n..........................................................\nSignature of duly authorised official\nThe original of this endorsement must be kept available in accordance with regulation I\/2,\nparagraph 9, of the Convention while serving on a ship.\nDate of birth of the holder of the certificate ................................................\nSignature of the holder of the certificate ....................................................\nPhotograph of the holder of the certificate\n\nEndorsement No. ........................................ Issued on ...........................................\nThe validity of this endorsement is hereby extended until ..............................\n...................................................................\nSignature of duly authorised official\n...................................................................\nDate of revalidation.............................          Name of duly authorised official\n\nPhotograph\n\nMerchant Shipping (Certification, Safe Manning, Hours of Work and\nWatchkeeping) Regulations\nFIRST SCHEDULE\n\nc\nRevised as at 6th day of July, 2004\nPage 37\n\nThe validity of the endorsement is hereby extended until\n...................................................\n...................................................................\nSignature of duly authorised official\n...................................................................\nDate of revalidation ............................                 Name of duly authorised official\n\nSECOND SCHEDULE\nMerchant Shipping (Certification, Safe Manning, Hours of Work and\nWatchkeeping) Regulations\n\nPage 38\nRevised as at 6th day of July, 2004\nc\n\nSECOND SCHEDULE\nregulation 5(4)\nKNOWLEDGE OF ENGLISH LANGUAGE AND NATIONAL LEGISLATION\n1.\nKNOWLEDGE OF ENGLISH LANGUAGE\n1.1 Common language on board a vessel\nIt is a requirement that a common language exists on board a Cayman Islands ship to\nensure that there is effective communication among and between all personnel. This\ncommon, or working, language need not necessarily be English, but there is a\nrequirement, as set out in paragraph 1.2, for the ship\u2019s officers to be able to communicate\nin English.\n1.2 Officers required to have an appropriate level of proficiency in English\nlanguage\nIt is a requirement that the officers on board a Cayman Islands ship, at both operational\nand management level, and irrespective of the common language of the ship, have an\nappropriate level of proficiency in the English language, commensurate with the\nfunctions the officer is permitted to perform.\n1.3 Evidence of proficiency in English language\nIf the Director is satisfied that, according to the applicant's original STCW certificate, he\nwas tested adequately in oral and written English language skills, or if the applicant can\nprovide other suitable evidence to this effect, no further test in this topic will be required.\n1.4 Test for proficiency in English language\nIf satisfactory evidence of proficiency in English language cannot be demonstrated, the\nfollowing two tests will be necessary:\n(a) Oral Test:\n\nA standard test to check English speaking and comprehension skills.\n(b) Written Test:\n\nA standard test to check written English.\nThese tests can be taken at British Council centres by prior arrangement through the\nCayman Islands Maritime Administration (CIMA), or under such other arrangements as\nmay be approved by the Director.\n2.\nKNOWLEDGE OF NATIONAL LEGISLATION\n2.1 Officers at management level to have knowledge of Cayman Islands maritime\nlegislation\n\nMerchant Shipping (Certification, Safe Manning, Hours of Work and\nWatchkeeping) Regulations\nSECOND SCHEDULE\n\nc\nRevised as at 6th day of July, 2004\nPage 39\n\nMasters and officers at the management levels serving in Cayman Islands ships must, in\naccordance with Regulation 1\/10 of the Annex to the STCW Convention, have\nappropriate knowledge of the maritime legislation of the Cayman Islands relative to the\nfunctions they are permitted to perform.  This knowledge is referred to as Laws and\nAdministrative Procedures (LAP) and covers matters which are considered to be\nspecifically applicable to Cayman Islands ships, and is additional to the requirements of\ninternational conventions and instruments.\n2.2 Cayman Islands LAP Manual\nTo assist Masters and Officers at the management level to gain the appropriate\nknowledge of LAP in relation to Cayman Islands ships, the CISR has produced a LAP\nManual which covers the requisite areas of the Cayman Islands maritime legislation.  The\nLAP Manual may be amended from time to time by the CISR to reflect the relevant\ncurrent maritime legislation of the Cayman Islands.  It must be emphasised that the\nManual contains only those extracts from the Cayman Islands maritime legislation that\nare relevant to functions at the management levels.  In relation to all other matters\nreference must be made to the complete maritime legislation.\n2.3 Level of knowledge required\nThe required areas of knowledge of the LAP are at two levels.  Chief Mates, Chief\nEngineers and Second Engineers will need to have a good working knowledge of the\nLAP Manual, appropriate to their respective functions, whereas Masters will require a\nthorough understanding of the subject matter.\n2.4 Responsibilities of Companies and others employing Masters and Officers for\nservice on board Cayman Islands ships\nEvery Company or other person employing seafarers for service on board Cayman\nIslands ships must ensure that those intended to serve in the capacity of Master, Chief\nMate, Chief Engineer or Second Engineer have the required knowledge as contained in\nthe LAP Manual, appropriate to the functions they are to perform.  Further guidance may\nbe issued from time to time through Cayman Islands Shipping Notices.\n3.\nFurther Information\nFurther information may be obtained from-\nCayman Islands Shipping Registry (CISR)\nPhase IV, Third Floor\nElizabethan Square\nP.O. Box 2256 GT\nGeorge Town, Grand Cayman\nCayman Islands\nTel: + (345) 949 8831\n\nFax: + (345) 949 8849\n\nTHIRD SCHEDULE\nMerchant Shipping (Certification, Safe Manning, Hours of Work and\nWatchkeeping) Regulations\n\nPage 40\nRevised as at 6th day of July, 2004\nc\n\nTHIRD SCHEDULE\nregulation 13(2)\nTRAINING AND CERTIFICATION OF OFFICERS\nAND CREW ON HIGH SPEED CRAFT\n1.0 INTRODUCTION\nThis Schedule sets out the training and certification requirements which the Director may\nspecify under these regulations in respect of the training and certification of masters,\nofficer, ratings and other personnel working on High Speed Craft registered in the\nCayman Islands. They implement for the Cayman Islands the requirements of the High\nSpeed Craft Code (HSC Code) of the Safety Convention.\n2.0 TRAINING REQUIREMENTS\n2.1 Deck officers serving on High Speed Craft (HSC) are required to hold a Type\nRating Certificate (TRC) in addition to a valid deck officer certificate of competency.\n2.2 HSC operators are responsible for ensuring that appropriate training is given to deck\nofficers so that they may qualify for the issue of a TRC. The training required by the HSC\nCode includes knowledge of the craft's propulsion and control systems, handling\ncharacteristics, communication and navigation procedures, intact stability and\nsurvivability of the craft.\n2.3 Organisations providing TRC training are required to nominate a person responsible\nfor the training. This person will be designated the Type Rating Instructor (TRI). TRIs\nmay be appointed from within the HSC operating organisation of from an outside source.\nOrganisations should also nominate another person responsible for the assessment of\ntraining to serve as a Type Rating Examiner (TRE). Both TRIs and TREs should be\nexperienced in the operation of the craft on the route on which they will be instructing\nand examining, respectively, and be approved by the Director (see paragraph 7). Under\nno circumstances will the same person be allowed to work as both TRI and TRE.\n2.4 Engineer officers on HSC are required to be appropriately certificated under these\nRegulations but do not require additional type rating certification.\n2.5 On HSC with gas turbine propulsion, engineer officers may hold either Motor,\nSteam or Combined certificates of competency. In addition, specified senior engineer\nofficers are required to hold a certificate attesting to the completion of an approved gas\nturbine training programme for the machinery on the HSC in which they are serving.\n3.0 ISSUE OF TYPE RATING CERTIFICATES\n3.1 After undergoing training with the approved TRI a candidate will be examined by\nthe approved TRE. If successful, the organisation should issue a TRC in the format given\nin the Appendix to this Schedule. The TRC, plus a duplicate copy, should be forwarded,\ntogether with a valid medical fitness certificate, to the Cayman Islands Shipping Registry\n\nMerchant Shipping (Certification, Safe Manning, Hours of Work and\nWatchkeeping) Regulations\nTHIRD SCHEDULE\n\nc\nRevised as at 6th day of July, 2004\nPage 41\n\n(CISR). The TRC must specify the craft or class of craft (e.g. 65 metres wave piercing\ncatamaran), and its operational area or routes.\n3.2 When the Director is satisfied that all the requirements have been met the TRC will\nbe endorsed for service use. This procedure is required in order to satisfy the\nrequirements of paragraph 18.3.3 of the HSC Code. The original TRC will be returned\nand the CISR will keep the duplicate copy for record purposes.\n3.3 Further routes may be added to a TRC after a holder has undergone route\nfamiliarisation training and performance assessment by the TRE. The organisation may\nissue a new TRC or amend an existing one upon the recommendation of the TRE. In\neither case, the TRC must be submitted to the CISR or endorsement of the amendments\nand recording purposes as above.\n4.0 REVALIDATION\nRevalidation of a TRC is required at intervals of not more than two years. For\nrevalidation, candidates must be able to show evidence of continuing fitness for service\non HSC. They must provide evidence of at least six months sea service on HSC in the\npreceding two years or a statement from a HSC operator or other TRC training\norganisation to indicate that the candidate has successfully completed a training\nprogramme prior to seeking revalidation. When the issuing organisation is satisfied that\nthe revalidation requirements have been met, the TRC should be revalidated (see reverse\nside of specimen certificate format in the Appendix) and submitted to the CISR for\nendorsement and recording purposes as in paragraph 3.1 above.\n5.0 RATINGS AND OTHER PERSONNEL\nRatings and other personnel employed on HSC must undergo a training programme\nappropriate to their duties on board and may be trained solely for HSC service without\nseagoing experience on other types of ships. This training should include the\nfamiliarisation and appropriate basic safety training required by these Regulations.\nRatings in this category may hold an Efficient Deck Hand (EDH) certificate limited for\nservice on HSC as appropriate.\n6.0 NON -SEAGOING HSC\nDeck officers on non sea-going HSC should follow a training, assessment and\ncertification system similar to that detailed above. In order to qualify for a TRC, the\napplicant must be able to demonstrate the skills appropriate to navigational duties in the\nrelevant operational area.\n7.0 PROCEDURE FOR SEEKING CISR APPROVALS\n7.1 Organisations wishing to provide training programmes leading to the issue of TRC\nshould submit full details to the CISR. The submission should include full information\non-\n(a)\nthe proposed training programme;\n(b) the training facilities;\n\nTHIRD SCHEDULE\nMerchant Shipping (Certification, Safe Manning, Hours of Work and\nWatchkeeping) Regulations\n\nPage 42\nRevised as at 6th day of July, 2004\nc\n\n(c)\nthe HSC involved;\n(d) the operational areas;\n(e)\nthe persons nominated as TRIs and TREs;\n(f)\nany existing approval already obtained with respect to the above.\n7.2 Applications should be sent to:\nCayman Islands Shipping Registry (CISR)\nPhase IV, Third Floor\nElizabethan Square\nP.O. Box 2256 GT\nGeorge Town, Grand Cayman\nCayman Islands\n\nTel: + (345) 949 8831\n\nFax: + (345) 949 8849\nAPPENDIX TO THIRD SCHEDULE\nSPECIMEN TYPE RATING CERTIFICATE\n(to be produced in duplicate and kept on record by the Cayman Islands Shipping Registry)\n\nNo. (Issuing Organisation to allocate)\nIssuing Organisation\n\nAddress and Contact Details\nTYPE RATING CERTIFICATE (HIGH SPEED CRAFT)\nThis is to confirm that: (full name of candidate) [\n\n]\nDate of Birth: [\n]\nDischarge Book No. or other national ID: [\n\n]\nCertificate of Competency (if any) \u2013 Class\/Regulation) [\n] No. [\n\n]\nDate of Issue: [\n]\n\nIssuing Authority: [\n\n]\nHas completed a course of training as required by Chapter 18.3.3 of the International\nCode of Safety for High Speed Craft, and has passed an examination, including practical\ntests, commensurate with operational tasks on board the craft and routes detailed below:\nName (or Class) of Craft: [\n\n]\nType of Craft: [\n\n]\nRoute:\n\u2026\u2026\u2026\u2026\u2026\u2026\u2026\u2026\u2026\u2026\u2026\u2026\u2026\u2026\u2026\u2026\u2026\u2026\u2026\u2026\u2026\u2026\u2026\u2026\u2026\u2026\u2026\u2026\u2026\u2026\u2026\u2026\u2026\u2026\u2026\u2026\n\u2026\u2026\u2026\u2026\u2026\u2026\u2026\u2026\u2026\u2026\u2026\u2026\u2026\u2026\u2026\u2026\u2026\u2026\u2026\u2026\u2026\u2026\u2026\u2026\u2026\u2026\u2026\u2026\u2026\u2026\u2026\u2026\u2026\u2026\u2026\u2026\n\u2026\u2026\u2026\u2026\u2026\nSignature of Authorised\n\nIssuing Authority\nCISR Endorsement\nRepresentative:\n\nStamp and Date\n\n\u2026\u2026\u2026\u2026\u2026\u2026\u2026\u2026\u2026\u2026..\nCapacity: \u2026\u2026\u2026\u2026\u2026\u2026\u2026\u2026\nAMENDMENTS:\n\nMerchant Shipping (Certification, Safe Manning, Hours of Work and\nWatchkeeping) Regulations\nTHIRD SCHEDULE\n\nc\nRevised as at 6th day of July, 2004\nPage 43\n\nDetails of additional routes\n\u2026\u2026\u2026\u2026\u2026\u2026\u2026\u2026\u2026\u2026\u2026\u2026\u2026\u2026\u2026\u2026\u2026\u2026\u2026\u2026\u2026\u2026\u2026\u2026\u2026\u2026\u2026\u2026\u2026\u2026\u2026\u2026\u2026\u2026\u2026\u2026\n\u2026\u2026\u2026\u2026\u2026\u2026\u2026\u2026\u2026\u2026\u2026\u2026\u2026\u2026\u2026\u2026\u2026\u2026\u2026\u2026\u2026\u2026\u2026\u2026\u2026\u2026\u2026\u2026\nSignature of Authorised\n\nIssuing Authority\nCISR Endorsement\nRepresentative:\n\nStamp and Date\n\nReverse side of Specimen Type Rating Certificate\nThis certificate is subject to two yearly revalidation in accordance with\nChapter 18.3.5 of the HSC Code. Confirmation that the certificate has\nbeen revalidated is to be confirmed by completion of the table below.\n\nThis certificate is subject to two yearly revalidation in accordance with\nChapter 18.3.5 of the HSC Code. Confirmation that the certificate has been\nrevalidated is to be confirmed by completion of the table below.\n\nName and Signature\nof Issuing\nOrganisation's\nAuthorised\nRepresentative\n\nFOURTH SCHEDULE\nMerchant Shipping (Certification, Safe Manning, Hours of Work and\nWatchkeeping) Regulations\n\nPage 44\nRevised as at 6th day of July, 2004\nc\n\nFOURTH SCHEDULE\nregulation 18(4)\nDEVELOPMENT OF A DATABASE FOR CERTIFICATES AND\nENDORSEMENTS\n1.\nIn implementing the requirement in paragraph 4.1 of regulation I\/9 of the Annex to\nthe revised STCW Convention for the maintenance of a register of certificates and\nendorsements a standard database is not necessary provided that all the relevant\ninformation is recorded and available.\n2.\nThe following items of information should be recorded and available either on paper\nor electronically in accordance with regulation I\/9, as a minimum:\n\n(1) Status of certificate-\nValid\nSuspended\nCancelled\nReported lost\nDestroyed,\nwith a record of changes to status to be kept, including dates of changes.\n\n(2) Certificate details-\nSeafarer\u2019s name\nDate of birth\nNationality\nSex\nPreferably a photograph\nRelevant document number\nDate of issue\nDate of expiry\nLast revalidation date\nDetails of dispensations(s)\n\n(3) Competency details-\nSTCW competency standard (e.g. regulation II\/1)\nCapacity\nFunction\nLevel of responsibility\nEndorsements\nLimitations\n\n(4) Medical details\n\nMerchant Shipping (Certification, Safe Manning, Hours of Work and\nWatchkeeping) Regulations\nFIFTH SCHEDULE\n\nc\nRevised as at 6th day of July, 2004\nPage 45\n\n Date of issue of latest medical certificate relating to the issue or\n\n revalidation of the appropriate certificate.\nFIFTH SCHEDULE\nregulations 25, 34, 35 and 36\nSAFE MANNING, HOURS OF WORK AND WATCHKEEPING-APPLICATION\nOF STCW 95\n1.0 SAFE MANNING, HOURS OF WORK AND WATCHKEEPING\n1.1 INTRODUCTION\n1.1.1 These regulations place clear responsibilities on companies owning or operating\nCayman Islands seagoing ships, to ensure that their ships are manned with personnel of\nappropriate grades who have been properly trained and certificated, and who are in\npossession of an appropriate endorsement or have applied for such an endorsement in\naccordance with regulations 5 and 6. Companies owning or operating sea-going ships that\nare not Cayman Islands ships, whilst in Cayman Islands waters must ensure that the ships\nand their personnel are in compliance with those provisions of the STCW Convention\nthat correspond to regulations 5 and 6.  The numbers of certificated officers and\ncertificated and non-certificated ratings must be sufficient to ensure safe and efficient\noperation of the ship at all times. All ships of 500 GT or more are required to hold a safe\nmanning document or equivalent and owners or operators of ships below 500 GT may\nalso be required to hold a safe manning document.\n1.1.2 The owner or operator of a Cayman Islands registered ship is required to make an\nassessment of the numbers and grades of personnel necessary for safe operation. These\nshould be sufficient to ensure that:\n(a)\nthe required watchkeeping standard can be maintained and that personnel\nare able to obtain sufficient rest;\n(b) personnel are not required to work more hours than is safe in relation to\nthe safety of the ship;\n(c)\nthe master and seafarers can perform their duties in accordance with the\nframework of operational guidance in Section A-VIII of the STCW\nCode;\n(d) the master and seamen are not required to work such hours or under such\nconditions which may be injurious to their health and safety.\nProposals based on the assessment should be submitted to the Director who, when\nsatisfied that the proposed manning levels are adequate, will issue a safe manning\ndocument.\n1.2  SPECIALIST SHIP TYPES\n\nFIFTH SCHEDULE\nMerchant Shipping (Certification, Safe Manning, Hours of Work and\nWatchkeeping) Regulations\n\nPage 46\nRevised as at 6th day of July, 2004\nc\n\n1.2.1 Offshore support vessels present special problems because of the diverse nature of\ntheir operations and the conditions under which they are required to operate. Owners are\nparticularly reminded of the restrictions placed on working hours under the Regulations\nand should set manning levels accordingly.\n1.2.2 Shipowners and operators must ensure that the master, officers and ratings on\ntankers, and the master, officers, ratings and other personnel on ro-ro passenger ships\nhave completed the training required by the regulations which is specified in Sections AV\/1 and A-V\/2 of the STCW Code. All crew members on high speed craft must have\ncompleted the training required under the High Speed Craft (HSC) Code, and masters and\nofficers having an operational role must hold a Type Rating Certificate as required by the\nHSC Code. On passenger ships generally, the need to handle large numbers of passengers\nunfamiliar with the marine environment must be taken into account in determining\nmanning levels. Personnel should be appropriately trained and certificated and owners\nand operators must give particularly careful attention to the requirements for minimum\nnumbers of trained crew to take charge of survival craft.\n1.3 SAFE MANNING DOCUMENT\nWhen the Director has agreed to proposals regarding manning of a particular ship, a safe\nmanning document or equivalent will be issued for that ship in a format which complies\nwith the requirements of the Safety Convention. It should be retained on board and be\navailable for inspection whenever required by an authorised person.\n2.0 DETERMINATION OF SAFE MANNING LEVELS\n2.1 PRINCIPLES\nThe Director will consider a ship to be safely manned if the crew includes sufficient\nofficers and ratings with the requisite capabilities and abilities set out in Paragraph 1 of\nAnnex 1 \u2013 Principles of Safe Manning, to IMO Resolution A.890 (21).  In applying these\nprinciples, the Director will take account of Paragraphs 2 and 3 of the said Annex.\n2.2 ESTABLISHING SAFE MANNING REQUIREMENTS\nIn establishing safe manning requirements in accordance with the Principles of Safe\nManning as set out in Annex 1 to IMO Resolution A.890 (21), the Director, as well as\nowners and operators should take account of the Guidelines set out in Annex 2 to that\nResolution.\n2.3 GUIDANCE ON APPROPRIATE MANNING LEVELS\n2.3.1 The tables at Annex 1 to these regulations provide guidance on the numbers of\ncertificated deck and engineer officers that are appropriate for different sizes of ships,\ntonnages and trading areas. As the watchkeeping arrangements for the engineering\ndepartment and the demands placed on personnel vary significantly according to the level\nof automation, numbers are not given for engineer officers. These tables only provide\nguidance; owners and operators must take all relevant factors into account before\nfinalising their manning proposals.\n\nMerchant Shipping (Certification, Safe Manning, Hours of Work and\nWatchkeeping) Regulations\nFIFTH SCHEDULE\n\nc\nRevised as at 6th day of July, 2004\nPage 47\n\n2.3.2 The number of ratings required will be determined by application of the principles\nreferred to in paragraphs 2.1 and 2.2. Owners and operators should additionally seek to\nobtain a good balance between skilled and less skilled and between experienced and less\nexperienced ratings.\n2.4 WATCHKEEPING\n2.4.1 The regulations require the master of any ship to be responsible for the overall\nsafety of the ship. He must also ensure that the watchkeeping arrangements are adequate\nfor maintaining safe navigational watches at all times, including the provision of a\nlookout as required by the International Regulations for the Prevention of Collisions at\nSea 1972, as amended. The chief engineer officer of any ship is required to ensure that\nthe engineering watch arrangements for the ship are adequate at all times for maintaining\na safe engineering watch.\n2.4.2 The principles applying to the keeping of a safe watch are in section A-VIII\/2 of the\nSTCW Code and must be followed in order to comply with the Regulations.\n3.0 HOURS OF WORK\n3.1 WORKING ARRANGEMENTS\n3.1.1 Every operator of a ship and employer is obliged to ensure that the master, officers\nand ratings do not work more hours than is safe in relation to the performance of their\nduties and the safety of the vessel. The same responsibility is placed on the master in\nrelation to the seafarers. Manning levels should be such as to ensure so far as possible\nthat the time and place available for taking rest periods are appropriate for achieving a\ngood quality of rest. Operators will also want to take into account section B-VIII\/1 of the\nSTCW Code which provides further guidance about fitness for duty.\n3.1.2 Operators are required to ensure that a schedule of duties is produced setting out the\nhours of work and the rest periods. It should provide that the master, officers and all other\nseamen do not work more hours than is safe in relation to the safety of the ship. In\ndevising the schedule, operators should take account of factors such as-\n(a)\ntrade and type of operation;\n(b) type and size of ship;\n(c)\nconstruction and technical equipment of ship;\n(d) manning levels and changes in crew numbers due to crew changes and\nsickness;\n(e)\nmaximum period of continuous watchkeeping;\n(f)\nminimum rest periods;\n(g) total workload; and\n(h) the seriousness of irregular working hours and their contribution to\nfatigue causation and the importance of scheduling reasonably stable\nwatchkeeping hours over a voyage.\n\nFIFTH SCHEDULE\nMerchant Shipping (Certification, Safe Manning, Hours of Work and\nWatchkeeping) Regulations\n\nPage 48\nRevised as at 6th day of July, 2004\nc\n\n3.1.3 Changes should not be made to the schedule unless they can be justified by\nsubstantially altered work patterns made necessary, for example, by a change in trading\npattern or other significant factor. Where it is known that a vessel engages in an irregular\ntrading pattern or that working hours are likely to be uniform this can be taken into\naccount and recorded in the schedule. The consultation process referred to in paragraph\n3.4 also applies to changes in the schedule.\n3.2 CONSULTATION\nOperators of ships are required to seek the views of the master when first drawing up a\nschedule of duties for a ship or ships. The master of a ship should seek the views of his\nofficers and shall seek and convey to the operator the views of the seafarers or their\nrepresentatives or a trade union as appropriate. The final decision on the schedule rests\nwith the operator who will have the responsibility to ensure that the schedule is safe in\nrelation to the safety of the ship and the performance of duties. The master must ensure\nthat, as far as reasonably practicable, the schedule is adhered to. Of course, in an\nemergency or when unforeseeable events occur, changes may well be unavoidable.\nRegulation 30(9) requires that, once a schedule has been completed by the operator, it\nmust be displayed prominently in the crew accommodation on board the vessel for the\ninformation of all the seafarers.\n3.3 RECORDS\n3.3.1 A record of all deviations from the schedule\u2019s requirements is to be kept on the ship.\nAny suitable form of record is acceptable provided that the record is always accessible to\nthose authorised to carry out inspections; the record must be retained for a period of up to\nfive years. There is no need to rewrite the schedule for each voyage so long as it is\napplicable to the voyage in question and the composition of the crew for whom it was\noriginally intended has not changed.\n3.3.2 The overriding aim is to ensure that a proper record of agreed work patterns exists\non board for the benefit of crew members and inspecting authorities, and that the record\nmay be matched to each individual crew member involved by means of other documents\nsuch as the crew list.\n3.4 EXCEPTIONS FOR EMERGENCIES\nThe regulations recognise that situations may arise in which a master or seaman may be\nrequired to exceed the schedule's duty periods. These include emergencies which threaten\nthe safety of the ship or the environment or put life at risk. Where a master or other\nseaman exceeds the scheduled hours of work in this manner, and has worked during his\nrest period, his name must be entered in the record required to be maintained, together\nwith the reason for the excess.\n4.0 APPLICATION FOR A SAFE MANNING DOCUMENT\n4.1 INFORMATION TO BE PROVIDED\n\nMerchant Shipping (Certification, Safe Manning, Hours of Work and\nWatchkeeping) Regulations\nFIFTH SCHEDULE\n\nc\nRevised as at 6th day of July, 2004\nPage 49\n\n4.1.1 When applying to the Director for a safe manning document, owners or operators\nshould submit a clear and concise explanation of how the proposed manning level has\nbeen determined and how it takes account of the guidance in paragraphs 2 and 3 and the\nhours of work provisions in the regulations. The Director will be able to make a quick\nassessment of the application if the owner or operator can demonstrate that all the factors\nand principles in those paragraphs have been taken into account.\n4.1.2 Applications for a safe manning document should be made by the owner or a person\nauthorised to act on his behalf, on a form which is obtainable from the CISR and which\nsets out the information required. The appropriate fee is payable with respect to the\napplication.\nANNEX TO FIFTH SCHEDULE\nGUIDANCE ON MINIMUM OFFICER MANNING LEVELS\nTABLE 1: DECK DEPARTMENT - UNLIMITED TRADING AREA\nSTCW DECK\nOFFICER\nRANK\nSTCW\nGROSS TONNAGE\nPARAMETERS\nSTCW\nREGULATION\nREFERENCE\nGROSS TONNAGE OF SHIP AND\nMINIMUM OFFICER MANNING\n\u22653000 GT\ntt\n\u2265500 BUT\n<3000 GT\ntt\n<500 GT\ntt\nMaster\n\u22653000\nII\/2 (i)\n1\n\nMaster\n\u2265500 but <3000\nII\/2 (ii)\n\n1\n1\nMaster\n<500 (U)\nII\/3 (i)\n\nMaster\n<500 (NC)\nII\/3 (ii)\n\nChief Mate\n\u22653000\nII\/2 (i)\n1\n\nChief Mate\n\u2265500 but <3000\nII\/2 (ii)\n\n1\n\nOOW(D)\n\u2265500\nII\/1\n2\n1\n2(*)\nOOW(D)\n<500 (U)\nII\/3 (i)\n\nOOW(D)\n<500 (NC)\nII\/3(ii)\n\n(*) This requirement may be reduced by one if the master keeps a watch and if the\nlength of voyage is short enough and the level of port activity low enough to ensure that\nthe minimum rest periods for the master and crew, including watchkeepers, are achieved.\nNotes:\nOOW(D) means Officer in charge of a navigational watch.\nU\n\nmeans Unlimited trading area.\nNC            means Near Coastal trading area.\n\nFIFTH SCHEDULE\nMerchant Shipping (Certification, Safe Manning, Hours of Work and\nWatchkeeping) Regulations\n\nPage 50\nRevised as at 6th day of July, 2004\nc\n\nWith respect to Column 3-\n\n(i) means, with reference to the STCW Regulation referred to, the first\npart of that Regulation; and\n\n(ii) means, with reference to the STCW Regulation referred to, the\nsecond part of that Regulation\nThe above levels are for guidance only and actual levels will vary according to the type,\nsize, age and trading pattern of the vessel.\nTABLE 2: DECK DEPARTMENT - NEAR COASTAL TRADING AREA\nChapter 2.\nTCW\nDECK\nOFFICER\nRANK\nSTCW\nGROSS TONNAGE\nPARAMETERS\nSTCW\nREGULATION\nREFERENCE\nGROSS TONNAGE OF SHIPS AND\nMINIMUM OFFICER MANNING\n\u22653000\nGT\ntt\n\u2265500 BUT\n<3000 GT\ntt\n<500 GT\ntt\nMaster\n\u22653000\nII\/2 (i)\n1\n\nMaster\n\u2265500 but <3000\nII\/2 (ii)\n\n1\n\nMaster\n<500 (U)\nII\/3 (i)\n\nMaster\n<500 (NC)\nII\/3 (ii)\n\n1(**)\nChief Mate\n\u22653000\nII\/2 (i)\n1\n\nChief Mate\n\u2265500 but <3000\nII\/2 (ii)\n\n1\n\nOOW(D)\n\u2265500\nII\/1\n1(*)\n1(*)\n\nOOW(D)\n<500 (U)\nII\/3 (i)\n\nOOW(D)\n<500 (NC)\nII\/3(ii)\n\n1\n(*)Need not be carried if the master keeps a watch and if the length of voyage is short\nenough and the level of port activity low enough to ensure that the minimum rest periods\nfor the master and crew, including watchkeepers, are achieved.\n(**)The master must hold a certificate which carries an endorsement to serve in that\ncapacity.\nNotes:\nOOW(D)  means Officer in charge of a navigational watch.\nU\n\n means Unlimited trading area.\nNC\n means Near Coastal trading area.\nWith respect to Column 3-\n\n(i) means, with reference to the STCW Regulation referred to, the first\npart of that Regulation; and\n\n(ii) means, with reference to the STCW Regulation referred to, the\nsecond part of that Regulation\n\nMerchant Shipping (Certification, Safe Manning, Hours of Work and\nWatchkeeping) Regulations\nFIFTH SCHEDULE\n\nc\nRevised as at 6th day of July, 2004\nPage 51\n\nThe above levels are for guidance only and actual levels will vary according to the type,\nsize, age and trading pattern of the vessel.\nTABLE 3: ENGINE DEPARTMENT - UNLIMITED TRADING AREA\nSTCW\nENGINEER\nOFFICER RANK\nSTCW\nENGINE\nPOWER\nPARAMETERS\n(KW)\n\nSTCW\nREGULATION\nREFERENCE\nENGINE POWER OF SHIP IN KILOWATTS\n(KW) AND MINIMUM ENGINEER OFFICER\nMANNING\n\u22653000 KW\ntt\n\u2265750 BUT\n<3000 KW\ntt\n\u2265350 BUT\n<750\ntt\nChief\nEngineer\n\u22653000\nIII\/2\n1\n\nNear\nCoastal\nonly \u2013\nSee\nTable 4\nChief\nEngineer\n\u2265750 but\n<3000\nIII\/3\n\n1\n\n2nd Engineer\n\u22653000\nIII\/2\n1\n\n2nd Engineer\n\u2265750 but\n<3000\nIII\/3\n\n1\n\nOOW(E)\n\u2265750\nIII\/1\n3(a)\n3(a)\n\n Notes-\n(i)\nOOW(E) means Officer in charge of an engineering watch.\n(ii) All Engine Room Watch Ratings are to hold STCW III\/4 certification on\nvessels of \u2265750 kW.\n(iii) Manning of vessels with Unmanned Machinery Space (UMS)\ncertification will be assessed on an individual basis.\n(iv) The suffix (a) means that the number of engineering watchkeepers\nholding STCWIII\/1 certificates may be reduced to one if both the Chief\nand Second Engineer Officers keep a watch, or reduced to two if the\nSecond Engineer Officer keeps a watch, always providing that the\nminimum hours of rest for officers and crew can be achieved.\nThe above levels are for guidance only and actual levels will vary according to the type,\nsize, age and trading pattern of the vessel.\nTABLE 4: ENGINE DEPARTMENT \u2013 NEAR COASTAL TRADING AREA\nSTCW\nENGINEER\nOFFICER RANK\nSTCW\nENGINE\nPOWER\nPARAMETERS\nSTCW\nREGULATION\nREFERENCE\nENGINE POWER OF SHIP IN KILOWATTS\n(KW) AND MINIMUM ENGINEER OFFICER\nMANNING\n\nFIFTH SCHEDULE\nMerchant Shipping (Certification, Safe Manning, Hours of Work and\nWatchkeeping) Regulations\n\nPage 52\nRevised as at 6th day of July, 2004\nc\n\n(KW)\n\n\u22653000 KW\ntt\n\u2265750 BUT\n<3000 KW\ntt\n\u2265350 BUT\n<750*\ntt\nChief\nEngineer\n\u22653000\nIII\/2\n1\n\nChief\nEngineer\n\u2265750 but\n<3000\nIII\/3\n\n1\n1(c)\n2nd Engineer\n\u22653000\nIII\/2\n1\n\n2nd Engineer\n\u2265750 but\n<3000\nIII\/3\n\n1\n\nOOW(E)\n\u2265750\nIII\/1\n3(b)\n1\n1(d)\n* This is a national banding and there is thus no STCW reference.\nNotes-\n(i)\nOOW(E) means Officer in charge of an engineering watch.\n(ii) All Engine Room Watch Ratings are to hold STCW III\/4 certification on\nvessels of $750kW.\n(iii) Manning of vessels with Unmanned Machinery Space (UMS)\ncertification will be assessed on an individual basis.\n(iv) The suffix (b) means that the number of engineering watchkeepers\nholding STCW III\/1 certificates may be reduced to one if both the Chief\nand Second Engineer Officers keep a watch, or reduced to two if the\nSecond Engineer Officer keeps a watch, always providing that the\nminimum hours of rest for officers and crew can be achieved.\n(v) The suffix (c) means that an officer holding a Senior Marine Engineer\nOperator\u2019s (SMEO) Licence or equivalent may serve in place of the\nholder of an STCW III\/3 certificate provided-\n\uf0b7\uf020\nthe officer is not also serving as master;\n\uf0b7\uf020\nthe ship is not a tanker; and\n\uf0b7\uf020\nthe ship is classed as UMS or has full bridge control with high level\nbilge alarms in the machinery;\n\uf0b7\uf020\nspaces and engine room alarm systems relayed to the accommodation\nor navigating bridge.\n(vi) The suffix (d) means that the holder of a Marine Engineer Operator\u2019s\nLicence or equivalent may serve in place of a STCW III\/1 certificate\nholder; the officer may serve in a dual capacity in deck and engine room\ndepartments under the same conditions as outlined in (v).\nThe above levels are for guidance only and actual levels will vary according to the type,\nsize, age and trading pattern of the vessel.\n\nMerchant Shipping (Certification, Safe Manning, Hours of Work and\nWatchkeeping) Regulations\nFIFTH SCHEDULE\n\nc\nRevised as at 6th day of July, 2004\nPage 53\n\nPublication in consolidated and revised form authorised by the Governor in Cabinet\nthis 6th day of July, 2004.\nCarmena Watler\nClerk of Cabinet","akn_extracted_at":"2026-06-22 15:39:00.147961+00","cms_id":"2002-0010","law_type":"subordinate","year":"2002","number":"10","title":"Merchant Shipping (Certification, Safe Manning, Hours of Work and Watchkeeping) Regulations","status":"in_force"},"provenance":{"files":[{"file_id":"5664","expr_id":"594","kind":"akn_xml","filename":"2002-0010_2004 Revision.akn.xml","source_url":null,"storage_path":"\/Users\/q\/kyleg-data\/working\/SUBORDINATE\/2002\/2002-0010\/2002-0010_2004 Revision.akn.xml","content_md5":"f540751b45fd76d8ad171b3a8000f641","byte_size":"105510","http_last_modified":null,"fetched_at":"2026-06-22 15:39:00.562844+00"},{"file_id":"1187","expr_id":"594","kind":"pristine_pdf","filename":"2002-0010_2004 Revision.pdf","source_url":"\/cms\/images\/LEGISLATION\/SUBORDINATE\/2002\/2002-0010\/2002-0010_2004 Revision.pdf","storage_path":"\/Users\/q\/kyleg-data\/pristine\/SUBORDINATE\/2002\/2002-0010\/2002-0010_2004 Revision.pdf","content_md5":"7c5222287dcc4e85a91d2fcf4cd4fd14","byte_size":"843422","http_last_modified":null,"fetched_at":"2026-06-21 23:09:36.229563+00"},{"file_id":"1188","expr_id":"594","kind":"working_pdf","filename":"2002-0010_2004 Revision.pdf","source_url":"\/cms\/images\/LEGISLATION\/SUBORDINATE\/2002\/2002-0010\/2002-0010_2004 Revision.pdf","storage_path":"\/Users\/q\/kyleg-data\/working\/SUBORDINATE\/2002\/2002-0010\/2002-0010_2004 Revision.pdf","content_md5":"7c5222287dcc4e85a91d2fcf4cd4fd14","byte_size":"843422","http_last_modified":null,"fetched_at":"2026-06-21 23:09:36.229563+00"}],"paragraph_count":37,"latest_history":null},"quality":{"expr_id":"594","doc_id":"594","quality_state":"needs_review","quality_score":"76","needs_human_review":"t","deterministic_categories":"{duplicate_text,page_header_footer_noise}","llm_categories":"{truncated_text,other}","repair_actions":"{collapse_duplicate_text,manual_review,reextract_full_text,strip_page_furniture}","finding_severity_counts":"{\"low\": 1, \"medium\": 1}","finding_summary":"Sample appears mostly complete but ends mid\u2011sentence; 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