{"kind":"expression","expression":{"expr_id":"596","doc_id":"596","label":"SL 4 of 2002","is_as_enacted":"t","commenced_on":null,"superseded_on":null,"valid_from":null,"valid_to":null,"is_current":"t","incorporating":null,"akn_expr_iri":"\/akn\/ky\/act\/sl\/2002\/4\/eng@2002-01-01","akn_envelope":"{\"_canary\": {\"iri\": {\"work\": \"\/akn\/ky\/act\/sl\/2002\/4\", \"expression\": \"\/akn\/ky\/act\/sl\/2002\/4\/eng@2002-01-01\", \"manifestation\": \"\/akn\/ky\/act\/sl\/2002\/4\/eng@2002-01-01.pdf\"}, \"pdf\": {\"md5\": \"20e11d87825f7283473612bd6cef3210\", \"path\": \"\/Users\/q\/kyleg-data\/working\/SUBORDINATE\/2002\/2002-0004\/2002-0004_SL 4 of 2002.pdf\", \"pages\": 20, \"filename\": \"2002-0004_SL 4 of 2002.pdf\"}, \"errors\": [], \"extraction\": {\"model\": null, \"stats\": {\"word_count\": 5613, \"paragraph_count\": 39, \"text_char_count\": 35381}, \"usage\": null, \"method\": \"pymupdf-text\", \"version\": \"kyleg-akn-1.0\", \"extracted_at\": \"2026-06-22\"}, \"classification\": \"text_layer\", \"validation_flags\": [], \"docai_processor_id\": null}, \"akomaNtoso\": {\"act\": {\"body\": [{\"eId\": \"sec_n1\", \"num\": null, \"text\": \"Merchant Shipping Law MERCHANT SHIPPING (COUNTING AND REGISTRATION OF PERSONS ON BOARD PASSENGER SHIPS) REGULATIONS, 2002 (SL 6 of 2002) SL 6 of 2002 PUBLISHING DETAILS Merchant Shipping (Counting and Registration of Persons on Board Passenger Ships) Regulations, 2002 Arrangement of Regulations SL 6 of 2002 Merchant Shipping Law MERCHANT SHIPPING (COUNTING AND REGISTRATION OF PERSONS ON BOARD PASSENGER SHIPS) REGULATIONS, 2002 (SL 6 of 2002) Arrangement of Regulations Regulation 1. 2. 3. 4. 5. 6. 7. 8. 9. 10. 11.\", \"element\": \"section\", \"heading\": null}, {\"eId\": \"sec_12\", \"num\": \"12.\", \"text\": \"SCHEDULE COUNTING AND REGISTRATION OF PERSONS ON BOARD PASSENGER SHIPS Merchant Shipping (Counting and Registration of Persons on Board Passenger Ships) Regulations, 2002 Regulation 1 SL 6 of 2002 Merchant Shipping Law MERCHANT SHIPPING (COUNTING AND REGISTRATION OF PERSONS ON BOARD PASSENGER SHIPS) REGULATIONS, 2002 (SL 6 of 2002) The Governor in Council, in exercise of the powers conferred by on him by sections 174(1) and 459 of the Merchant Shipping Law (2001 Revision) makes the following Regulations:\", \"element\": \"section\", \"heading\": null}, {\"eId\": \"sec_1\", \"num\": \"1.\", \"text\": \"Citation 1. These Regulations may be cited as the Merchant Shipping (Counting and Registration of Persons on Board Passenger Ships) Regulations, 2002.\", \"element\": \"section\", \"heading\": null}, {\"eId\": \"sec_2\", \"num\": \"2.\", \"text\": \"Interpretation 2. (1) In these Regulations unless the context otherwise requires \u2014 \u201cadult\u201d means any person who is not an infant or a child; \u201cappropriate search and rescue services\u201d means, in relation to a ship involved in an emergency, the search and rescue services for the area in which the ship is located; \u201cCayman Islands passenger ship\u201d means a passenger ship which is a Cayman Islands ship; \u201cchild\u201d means a person who has reached his fourth birthday but not his sixteenth; Regulation 3 Merchant Shipping (Counting and Registration of Persons on Board Passenger Ships) Regulations, 2002 SL 6 of 2002 \u201cClass 1\u201d and \u201cClass 2\u201d in relation to passenger ships shall have the meanings given in the Merchant Shipping (Classes of Ships) Regulations, 2002; \u201cinfant\u201d means a person who has not yet reached his fourth birthday; \u201clanding point\u201d means a berth, excursion point, floating pier or stage, link span, pier, port, stop or anchorage point from or to where passengers are embarked or disembarked; \u201cLaw\u201d means the Merchant Shipping Law (2001 Revision); \u201cpassenger registrar\u201d means the person appointed by the owner of a ship pursuant to regulation 8(1)(b); \u201cprotected sea area\u201d means a sea area sheltered from the open sea effects where a ship is at no time more than six miles from a place of refuge where shipwrecked persons can land and in which the proximity of search and rescue facilities is ensured; \u201cregular community service\u201d means a regular service in a sea area where the annual probability of the significant wave height exceeding two metres is less than 10% and (a) the voyage does not exceed thirty miles or thereabouts from the point of departure; or (b) the primary purpose of the service is to provide regular links to outlying communities for customary purposes; \u201cregular service\u201d means a series of ships crossings operated so as to serve traffic between the same two or more ports either \u2014 (a) according to an established timetable; or (b) with crossings so regular or frequent that they constitute a recognisable systematic series; \u201csearch and rescue services\u201d means the search and rescue services responsible for the initiation and co-ordination of all maritime search and rescue activity required to provide assistance in the event of an emergency involving a ship, or its aftermath; \u201cship\u201d includes a hovercraft; and \u201cvoyage\u201d includes an excursion. (2) Where a ship is managed or operated by a person other than the owner, whether on behalf of the owner or some other person, or on his own behalf, a reference in these Regulations to the owner shall be construed as including a reference to that other person. Merchant Shipping (Counting and Registration of Persons on Board Passenger Ships) Regulations, 2002 Regulation 3 SL 6 of 2002\", \"element\": \"section\", \"heading\": null}, {\"eId\": \"sec_3\", \"num\": \"3.\", \"text\": \"Approvals and exemptions to be in writing 3. Any approval or exemption given pursuant to these Regulations shall be given in writing and shall specify the date on which it takes effect and the conditions (if any) on which it is given.\", \"element\": \"section\", \"heading\": null}, {\"eId\": \"sec_4\", \"num\": \"4.\", \"text\": \"Application 4. (1) These Regulations apply to \u2014 (a) any Cayman Islands passenger ship wherever it may be; and (b) any other passenger ship while it is within Cayman Islands waters. (2) These Regulations do not apply to \u2014 (a) ships of war and troop ships; and (b) pleasure vessels unless they are or will be crewed and carry more than twelve passengers for commercial purposes.\", \"element\": \"section\", \"heading\": null}, {\"eId\": \"sec_5\", \"num\": \"5.\", \"text\": \"Passenger counting 5. (1) The owner of a passenger ship shall ensure that, in respect of a Cayman Islands passenger ship when it leaves a landing point and in respect of any other passenger ship when it leaves a landing point in the Islands, there is established a system of counting all persons on board which \u2014 (a) in the case of a passenger ship of Class 2 consists of a system of individual passenger boarding cards; (b) conforms to the requirements of paragraphs (2) to (5) and the Schedule; and (c) is approved by the Director. (2) The system of counting established pursuant to paragraph (1) shall be such that \u2014 (a) all persons boarding such a ship at a landing point at the beginning of a journey are counted individually on, or just prior to, boarding and (i) all persons disembarking at subsequent landing points, during the course of a journey, are counted individually as they disembark; (ii) all persons boarding at subsequent landing points, during the course of a journey, are counted individually on, or just prior to, boarding; and (iii) the number of persons remaining on board at each landing point is determined; or (b) the number of persons is determined and recorded according to an alternative method approved by the Director, which shall be of equivalent effectiveness to the system referred to in subparagraph (a). Regulation 6 Merchant Shipping (Counting and Registration of Persons on Board Passenger Ships) Regulations, 2002 SL 6 of 2002 (3) Where the counting system established in respect of a passenger ship pursuant to paragraph (1) includes a system of individual passenger boarding cards, no passenger shall be permitted to board the ship unless he has been issued with an individual boarding card. (4) Immediately before a passenger ship leaves any landing point the total number of persons on board at that time as determined by means of the counting system shall be communicated to the master of the ship and the owner\u2019s passenger registrar. (5) Where in respect of a person on board a ship, there has been declared a need for special care or assistance in emergency situations, the owner shall ensure that such information is properly recorded and communicated to the master of the ship. (6) No passenger ship shall leave any landing point \u2014 (a) unless the requirements of paragraph (4) have been complied with; and (b) in any event, if the total number of persons on board the ship exceeds the number of persons the ship is permitted to carry. (7) The arrangements made in pursuance of the requirements in paragraph  (1) shall be described in written instructions which shall be kept on board the ship at all times in the custody of the master.\", \"element\": \"section\", \"heading\": null}, {\"eId\": \"sec_6\", \"num\": \"6.\", \"text\": \"Additional requirements for voyages of more than twenty miles 6. (1) This regulation applies to \u2014 (a) any Cayman Islands passenger ship leaving a landing point on a voyage of more than twenty miles from that landing point; and (b) any other passenger ship leaving a landing point in the Islands on a voyage of more than twenty miles from that landing point. (2) The owner of a passenger ship to which this regulation applies shall ensure that, within three months of the date of commencement of these Regulations, the information specified in paragraph (3) is, for any voyage \u2014 (a) collected, in relation to each person on board, before the ship departs from the landing point; (b) communicated to the owner\u2019s passenger registrar within thirty minutes of the ship\u2019s departure from the landing point; and (c) in respect of any such information as is specified in subparagraph \u2014 (e) of that paragraph, communicated to the master of the ship before the ship leaves the landing point. (3) The information referred to in paragraph (2) is, in relation to each person on board the ship \u2014 Merchant Shipping (Counting and Registration of Persons on Board Passenger Ships) Regulations, 2002 Regulation 7 SL 6 of 2002 (a) family name; (b) forenames or initials; (c) gender; (d) subject to paragraph (4), an indication of the category of age, such category being either adult, child or infant, to which the person belongs, or the age, or the year of birth, of the person; and (e) if volunteered by a person, information concerning the need for special care or assistance in emergency situations. (4) Where the information in relation to a person indicates the category of age to which a person belongs but does not indicate the person\u2019s age or year of birth \u2014 (a) the information must be accompanied by an indication of the age range used to define each category; and (b) the age range used must be the age range used by the system for the registration of the information established in accordance with regulation 8(1).\", \"element\": \"section\", \"heading\": null}, {\"eId\": \"sec_7\", \"num\": \"7.\", \"text\": \"Non-Cayman Islands ships on voyages from outside the Islands to the Islands 7. In respect of a passenger ship which is not a Cayman Islands ship on a voyage from a landing point outside the Islands to the Islands \u2014 (a) the total number of persons on board the ship; and (b) the information specified in regulation 6(3), shall be readily available to the appropriate search and rescue services for the purposes of search and rescue in the event of an emergency or in the aftermath of an accident involving the ship.\", \"element\": \"section\", \"heading\": null}, {\"eId\": \"sec_8\", \"num\": \"8.\", \"text\": \"Registration system 8. (1) The owner of a passenger ship to which regulation 5 or 6 applies shall \u2014 (a) establish a system for the registration of the information collected pursuant to these Regulations which \u2014 (i) is in accordance with the requirements of the Schedule; and (ii) is approved by the Director; (b) appoint a shore-based passenger registrar who shall be responsible for holding the information collected pursuant to these Regulations and for its transmission to appropriate search and rescue services in the event of an emergency or in the aftermath of an accident involving the ship; and (c) ensure that the information collected pursuant to these Regulations is at all times readily available for transmission to the appropriate search and Regulation 9 Merchant Shipping (Counting and Registration of Persons on Board Passenger Ships) Regulations, 2002 SL 6 of 2002 rescue services for use in an emergency or in the aftermath of an accident involving the ship. (2) Personal data which is collected solely pursuant to these Regulations by an owner shall be kept only for as long as is necessary for the purposes of these Regulations. (3) The Director may appoint persons to carry out checks on the proper functioning of registration systems approved under this regulation. (4) In performing the checks referred to in paragraph (3), the persons appointed shall \u2014 (a) be entitled to board a ship to which the registration system relates and enter premises of the owner\u2019s passenger registrar; and (b) have access to records and documents, including electronic and computer records, which comprise the owner\u2019s registration system.\", \"element\": \"section\", \"heading\": null}, {\"eId\": \"sec_9\", \"num\": \"9.\", \"text\": \"Exemptions 9. (1) Subject to paragraphs (2) and (3), the Director may exempt any passenger ship from the requirements of these Regulations, subject to such conditions as he may specify, and may, subject to giving reasonable notice, alter or cancel the exemption so granted. (2) The Director may exempt any passenger ship leaving a landing point within the Islands from the requirements of regulation 5(4), in so far as they apply with respect to the passenger registrar, if the ship is engaged exclusively in a protected sea area on a regular service of less than one hour between calls at landing points. (3) The Director may exempt any passenger ship from the requirements of regulation 6(2) if \u2014 (a) in respect of a Cayman Islands passenger ship leaving a landing point outside the Cayman Islands on an international voyage, the scheduled voyages of the ship make it impracticable for such records to be prepared; and (b) in respect of a passenger ship leaving a landing point within the Islands \u2014 (i) the ship sails exclusively in a protected sea area between two landing points or from and to the same landing point without calling at an intermediate landing point; or (ii) the ship is engaged on a regular community service.\", \"element\": \"section\", \"heading\": null}, {\"eId\": \"sec_10\", \"num\": \"10.\", \"text\": \"False statements 10. A person shall not, in connection with a system for counting the persons on board a passenger ship or collecting the information specified in regulation 6(3) \u2014 Merchant Shipping (Counting and Registration of Persons on Board Passenger Ships) Regulations, 2002 Regulation 11 SL 6 of 2002 (a) knowingly or recklessly make a false statement liable or intended to lead to error in the determination of the total number of persons on board or in the collection of the information specified in regulation 6(3); or (b) falsify the information collected or transmitted to the owner\u2019s passenger registrar.\", \"element\": \"section\", \"heading\": null}, {\"eId\": \"sec_11\", \"num\": \"11.\", \"text\": \"Offences 11. (1) Where there is a contravention of the requirements of these Regulations in respect of a passenger ship, the owner, and in respect of a contravention of regulation 5(6)(a) or 7, the master, is guilty of an offence punishable on summary conviction by a fine not exceeding level 5 on the standard scale and on conviction on indictment by imprisonment for two years and a fine of $5,000. (2) Any person contravening regulation 10 is guilty of an offence punishable on summary conviction by a fine not exceeding level 5 on the standard scale or on conviction on indictment by imprisonment for two years and a fine of $5,000. 12. Defences 12. (1) It shall be a defence to a charge under these Regulations for the person charged to prove that he took all reasonable steps to avoid the commission of the offence. (2) Without prejudice to paragraph (1), it shall be a defence to a charge under regulation 10 for a person providing information in respect of other persons, not being members of his family, to the owner of a ship, being information required by the owner pursuant to these Regulations, to prove that the information was collected by him in good faith. Merchant Shipping (Counting and Registration of Persons on Board Passenger Ships) Regulations, 2002 SCHEDULE SL 6 of 2002 SCHEDULE COUNTING AND REGISTRATION OF PERSONS ON BOARD PASSENGER SHIPS PART I - General 1. Alternative systems may be adopted in the counting and recording of persons on board as required by regulations 5 and 6 but no variation in the system chosen for a particular voyage may be made during that voyage; provided that it is not required to apply one system throughout a company\u2019s fleet of ships, nor in the case of the same ship, one system to operations from different ports or on alternative routes. 2. In this Schedule, unless the context otherwise requires \u201ccompany\u201d means the owner of a passenger ship or any other organisation or person such as the manager or demise charterer, who has assumed the responsibility for operating the passenger ship; \u201cdesignated authority\u201d has the same meaning as \u201csearch and rescue services\u201d; \u201chigh speed craft\u201d means a high speed craft as currently defined in Regulation of Chapter X of the Safety Convention; \u201cperson\u201d includes all individuals on board the vessel irrespective of age; and \u201cvoyage\u201d shall be taken to constitute a journey from one place to another, or back to the place of departure, where passengers can embark and disembark. PART II - Collection and Recording of Information (Regulations 5 & 6) Collecting Information 3. In accordance with the relevant regulations relating to counting and registration of persons on passenger ships, the following details must be observed: \u2014 (a) there must be maintained within the counting and registration system implemented by the company, the information necessary to comply with the Regulations; (b) the company must appoint a shore-based \u201cpassenger registrar\u201d responsible for the upkeep and transmission of this information in accordance with the Regulations; (c) the system must be applied to all persons boarding and disembarking from a vessel for a voyage. A record must be made of each person, regardless of whether that person has been issued with a ticket or is a member of the crew; SCHEDULE Merchant Shipping (Counting and Registration of Persons on Board Passenger Ships) Regulations, 2002 SL 6 of 2002 (d) the system must be able to take into account all persons embarking or disembarking when a vessel stops in mid-voyage, those who remain on board from a previous voyage and any changes of personnel. The system must account for all persons on board the vessel, such as contractors, maintenance personnel, entertainers and travel industry personnel, who may not be recorded as passengers or included in the Crew List. Each person on board the vessel must have his or her relevant details recorded irrespective of whether or not the person is a fee paying passenger; (e) the information is to be updated at each landing or stopping point where persons may embark or disembark from the vessel; (f) the system must ensure that information concerning persons who have declared a need for special assistance or care in emergency situations is properly recorded and handed to the master prior to the ship\u2019s departure; and (g) the system must be approved by the Director. Communication and Availability of Information 4. Prior to the ship\u2019s departure from a landing point the number of persons recorded on board must be communicated to the master of the vessel and to the company\u2019s passenger registrar at the shore-based company system. The master must ensure that the vessel does not depart if the total number of persons on board exceeds the total number that the vessel is permitted to carry. 5. (a) Information which is part of the passenger registration system must be obtained prior to the ship\u2019s departure and communicated within thirty minutes of departure to the company\u2019s passenger registrar at the shorebased company system. (b) Ship owners and operators should ensure that the information required for the registration of persons is collected in a manner that causes minimum disruption and delay to those boarding the vessel. 6. It is the responsibility of the company or the operator to ensure that the information collected in accordance with regulations 5 and 6 is readily available from the nominated passenger registrar for transmission to the emergency services in the event of an emergency or in the follow up to an accident. The name and contact point for the nominated passenger registrar must be provided to the Director or an officer of the Cayman Islands Shipping Registry designated by the Director for the purpose. 7. The information that is recorded by the company must be maintained and be \u2014 (a) readily available to the emergency services in a format that is uncomplicated and easy to comprehend, especially in emergency situations; and Merchant Shipping (Counting and Registration of Persons on Board Passenger Ships) Regulations, 2002 SCHEDULE SL 6 of 2002 (b) protected from \u2014 (i) accidental or unlawful destruction or loss; (ii) accidental or unlawful alteration; and (iii) unauthorised disclosure or access. Back Up System 8. It is essential that a suitable back up system is available in the event of a breakdown of the main systems which can provide the necessary facilities to meet the requirements of the Regulations without causing undue delay. PART III - Approval of Systems 9. All systems must be approved by the Director and will be subject to inspection to ensure the correct functioning of the system. In order to gain approval the company must satisfy the Director that \u2014 (a) the system, at least, meets the requirements of the Regulations; and (b) the name and contact details of the nominated passenger registrar have been provided to the Director or the designated officer referred to in paragraph 6. It will remain the responsibility of the company or operator to ensure that the information provided with respect to the nominated passenger registrar remains up to date. 10. Applications for approval should be in writing and should contain details of the proposed system and include examples of tickets and prints wherever possible. The application must be made to the Director at least twenty eight days before the required implementation of the system. The Director will then make necessary inquiries and may choose to visit the company to obtain further information. PART IV - Exemptions 11. Applications for exemption or derogation should be made in writing giving full explanation for the application, to the Director. 12. Where a passenger ship is operating exclusively \u2014 (a) in protected sea areas, with regular services of less than one hour between port calls, exemptions may be granted from the obligation in regulation 5 to communicate the number of persons on board to the passenger registrar; or (b) in protected sea areas and between two ports or from and to the same port without intermediate calls, exemptions may be granted from obligations in regulation 6. SCHEDULE Merchant Shipping (Counting and Registration of Persons on Board Passenger Ships) Regulations, 2002 SL 6 of 2002\", \"element\": \"section\", \"heading\": null}, {\"eId\": \"sec_13\", \"num\": \"13.\", \"text\": \"For regular services where passenger ships are sailing on domestic voyages in an area where the annual probability of the significant wave height exceeding two metres is less than 10%, and (a) the voyage does not exceed thirty miles from the point of departure; or (b) the primary purpose of the service is to provide regular links to outlying communities for customary purposes; and exemption may be granted, wholly or partly, from the requirements of regulation 6 if it is considered impracticable for companies to record the information. To this end, evidence of such impracticability must be provided. In addition, it must be demonstrated that in the area where such ships operate, shore-based navigational guidance and reliable weather forecasts are provided, that adequate and sufficient search and rescue facilities are available, and that the exemption if granted will not have any adverse effect on competition.\", \"element\": \"section\", \"heading\": null}, {\"eId\": \"sec_14\", \"num\": \"14.\", \"text\": \"An exemption shall not be granted to any passenger ship sailing from a Cayman Islands port and flying the flag of another Safety Convention country which, under the relevant provisions of the Safety Convention, does not agree to the application of such exemption. PART V - Methods of Counting\", \"element\": \"section\", \"heading\": null}, {\"eId\": \"sec_15\", \"num\": \"15.\", \"text\": \"Owners may use one of the following methods of counting, or a similar system which meets the requirements of the Regulations. A. CLASS 1 PASSENGER SHIPS\", \"element\": \"section\", \"heading\": null}, {\"eId\": \"sec_16\", \"num\": \"16.\", \"text\": \"Passenger ships operating under Class 1 passenger certificates must ensure that there is a system by which all persons boarding will be counted prior to departure in accordance with paragraphs 4 to 10.\", \"element\": \"section\", \"heading\": null}, {\"eId\": \"sec_17\", \"num\": \"17.\", \"text\": \"Because of the nature of the voyages generally undertaken by these vessels, the collection of registration information will normally be readily available prior to departure and should be recorded in accordance with paragraphs 4 to 10.\", \"element\": \"section\", \"heading\": null}, {\"eId\": \"sec_18\", \"num\": \"18.\", \"text\": \"Persons who disembark at each landing point must be counted by means of landing cards or a similar arrangement. Landing cards may be issued in the same way that boarding cards are issued. A running tally must be kept of those boarding for the first time and those re-embarking so that the total number of persons on board for the voyage is always known prior to departure, in accordance with regulation 5.\", \"element\": \"section\", \"heading\": null}, {\"eId\": \"sec_19\", \"num\": \"19.\", \"text\": \"Where any change of persons on board occurs, it is the responsibility of the master to ensure that the company\u2019s passenger registrar is informed and the registration details are updated within thirty minutes of departure.\", \"element\": \"section\", \"heading\": null}, {\"eId\": \"sec_20\", \"num\": \"20.\", \"text\": \"Landing cards, if used, should be made of a material such as plastic, and wherever possible, should be used to draw the passenger\u2019s attention to safety information. B. CLASS 2 PASSENGER SHIPS Merchant Shipping (Counting and Registration of Persons on Board Passenger Ships) Regulations, 2002 SCHEDULE SL 6 of 2002 Manual boarding card system\", \"element\": \"section\", \"heading\": null}, {\"eId\": \"sec_21\", \"num\": \"21.\", \"text\": \"A manual boarding card system shall apply to all passengers boarding a ship operating under a Class 2 passenger certificate for a particular voyage. It must apply to foot passengers, cyclists, and drivers of automobiles, trucks, coaches and their passengers. There must be one boarding card per passenger regardless of whether the passengers have individual tickets, unless an appropriate exemption has been granted under regulation 9. Special arrangements must be made for passengers who remain on board from a previous voyage, crew members and other persons on board the vessel.\", \"element\": \"section\", \"heading\": null}, {\"eId\": \"sec_22\", \"num\": \"22.\", \"text\": \"A boarding card system must conform to one of the following descriptions \u2014 (a) there must be for each sailing, a book or books of numbered boarding cards. If more than one book is used the books must be consecutively numbered. To facilitate counting, each card must have an individually numbered counterfoil. One card will be issued to each passenger at, or shortly before, the time of boarding. However when a number of passengers travel together in one vehicle a card for each passenger may be issued in a block to the driver or to a responsible person in the vehicle provided that such a procedure will not affect the accuracy of the total passenger count. The total number of cards issued for a particular voyage will be determined from the number of cards remaining in the book or books, and from the numbered counterfoils; (b) each passenger will be issued, before arriving at the embarkation point, a boarding card which may have a detachable portion. The detachable portion, or the complete card, must be collected by a representative of the master at, or shortly before, the time of boarding and the number of cards or detachable portions so collected will determine the number of passengers boarding. However, when a number of passengers travel together, a card for each passenger may be issued in a block to the driver or to a responsible person in the vehicle; provided that such a procedure will not affect the accuracy of the total passenger count; or (c) when large numbers of passengers are involved, such as on ships certificated to carry more than two hundred passengers, the detachable portions, or the complete cards, may be counted by automatic passenger counting machines.\", \"element\": \"section\", \"heading\": null}, {\"eId\": \"sec_23\", \"num\": \"23.\", \"text\": \"Other systems of manual counting may be provided if they \u2014 (a) conform to the basic objectives set out in paragraphs 21 and 22; (b) are straightforward, secure and effective; and (c) can be easily checked and enforced without the necessity of arranging a full passenger count as passengers leave the ship. SCHEDULE Merchant Shipping (Counting and Registration of Persons on Board Passenger Ships) Regulations, 2002 SL 6 of 2002 Computerised Boarding Card System\", \"element\": \"section\", \"heading\": null}, {\"eId\": \"sec_24\", \"num\": \"24.\", \"text\": \"A computerised boarding card system should be capable of recording all information on persons required by regulations 5 and 6, including those persons who are not named on the Passenger or Crew List provided that the following points have been taken into account in the counting, boarding and registration procedures governing the system: \u2014 (a) where the passenger checks in; (b) where the boarding card is issued; (c) how the issue of the computerised boarding card corresponds to the aggregation of the count; (d) what route the passenger takes to the ship; (e) what other controls (for example, immigration control) the passenger passes through; (f) how the total count is adjusted if a passenger belatedly decides not to travel; (g) how passengers remaining on board are dealt with; and (h) what contingency plans have been made in the event of the failure of the computerised system \u2014 (i) prior to landing; or (ii) during the course of loading.\", \"element\": \"section\", \"heading\": null}, {\"eId\": \"sec_25\", \"num\": \"25.\", \"text\": \"In a computerised boarding card system, passengers travelling together in parties may be issued with one card only on which is indicated the total number of passengers in the party. In that case however, a physical check must be built into the counting procedures to ensure the accuracy of the total passenger count.\", \"element\": \"section\", \"heading\": null}, {\"eId\": \"sec_26\", \"num\": \"26.\", \"text\": \"Boarding cards should be made of a material such as plastic and wherever possible should be used to draw the passenger\u2019s attention to safety information. Passengers remaining on board from a previous voyage\", \"element\": \"section\", \"heading\": null}, {\"eId\": \"sec_27\", \"num\": \"27.\", \"text\": \"The design of manual and computerised systems must take into account the counting of passengers remaining on board from a previous voyage or part of a voyage. The arrangements must also provide for these numbers to be included in the total count of passengers on that voyage.\", \"element\": \"section\", \"heading\": null}, {\"eId\": \"sec_28\", \"num\": \"28.\", \"text\": \"A passenger remaining on board at the end of a voyage must be given a card for the return voyage which may be the boarding card for the return voyage. The passenger will be required to have the return boarding card marked or recorded whilst the vessel is docked to confirm the return journey.\", \"element\": \"section\", \"heading\": null}, {\"eId\": \"sec_29\", \"num\": \"29.\", \"text\": \"Where a computerised boarding system is used it must include an effective method for counting those staying on board meeting the above criteria. Merchant Shipping (Counting and Registration of Persons on Board Passenger Ships) Regulations, 2002 SCHEDULE SL 6 of 2002\", \"element\": \"section\", \"heading\": null}, {\"eId\": \"sec_30\", \"num\": \"30.\", \"text\": \"Passengers who disembark at each landing point must be counted by means of landing cards. Landing cards may be issued in the same way that boarding cards are issued. A running tally is to be kept of those boarding for the first time and those reembarking must be maintained so that the total number of passengers on board for the voyage is always known prior to departure.\", \"element\": \"section\", \"heading\": null}, {\"eId\": \"sec_31\", \"num\": \"31.\", \"text\": \"Where any change in the number of persons on board occurs it is the responsibility of the master to ensure that the passenger registrar is informed and registration details are updated within thirty minutes of departure.\", \"element\": \"section\", \"heading\": null}, {\"eId\": \"sec_32\", \"num\": \"32.\", \"text\": \"Landing cards should be made of a material such as plastic and wherever possible should be used to draw the passenger\u2019s attention to safety information. Dual Systems\", \"element\": \"section\", \"heading\": null}, {\"eId\": \"sec_33\", \"num\": \"33.\", \"text\": \"Where the systems comply with the Regulations, and can be shown to be effective and secure, and meet the requirements of paragraphs 4 to 6, two discrete boarding card systems, for example, manual boarding cards for freight drivers, and a computerised system for the remainder of passengers may be considered, provided that they fully satisfy the requirements of the Regulations. C. OTHER PASSENGER SHIPS Boarding Card Systems\", \"element\": \"section\", \"heading\": null}, {\"eId\": \"sec_34\", \"num\": \"34.\", \"text\": \"The boarding card system must conform to the requirements for vessels of Class 2. Clicker System\", \"element\": \"section\", \"heading\": null}, {\"eId\": \"sec_35\", \"num\": \"35.\", \"text\": \"The master of the crew must count each passenger boarding using a consecutively numbering (hand-held) counting device and note the total number of passengers. When ships call at a number of landing points to land and take on passengers or crew, the persons disembarking at each landing point must be similarly counted and recorded. New passengers must then be boarded, and counted again using the clicker. The total number of passengers on board must be calculated before sailing using these figures as a basis. If the clicker can also subtract figures it can be used directly on passengers embarking and disembarking to maintain a running total of passengers on board. Information to be left Ashore\", \"element\": \"section\", \"heading\": null}, {\"eId\": \"sec_36\", \"num\": \"36.\", \"text\": \"The master or a member of the crew must, before departure, advise the passenger registrar ashore of the revised information of persons on board at that landing point. The passenger registrar will record the information together with the vessel\u2019s name, the landing point, the date, and the time of the transmission.\", \"element\": \"section\", \"heading\": null}, {\"eId\": \"sec_37\", \"num\": \"37.\", \"text\": \"When a passenger ship plies to and from unmanned landing points the information of persons on board, the date and time of sailing and the name of the vessel must be recorded in writing and the record placed in a secure location ashore. SCHEDULE Merchant Shipping (Counting and Registration of Persons on Board Passenger Ships) Regulations, 2002 SL 6 of 2002 Electronic System\", \"element\": \"section\", \"heading\": null}, {\"eId\": \"sec_38\", \"num\": \"38.\", \"text\": \"The master or a member of the crew must count each passenger boarding using electronic equipment at least as effective as the systems described above. The system must include the counting of any passengers remaining on board at the end of the voyage. Passengers who do not physically disembark must be given a card for the journey ahead. Alternatively, they might be physically counted off using the clicker. It is the responsibility of the shipowner to ensure that the system works and is effective. Made in Executive Council the 25th day of June , 2002. Carmena H. Watler. Clerk of the Executive Council.\", \"element\": \"section\", \"heading\": null}], \"meta\": {\"notes\": null, \"workflow\": null, \"lifecycle\": {\"source\": \"#cilegis\", \"eventRef\": [{\"eId\": \"e_commence_2002_01_01\", \"date\": \"2002-01-01\", \"type\": \"generation\", \"source\": \"#cilegis\"}]}, \"references\": {\"source\": \"#canary\", \"TLCRole\": [], \"TLCEvent\": [{\"eId\": \"ev_commencement\", \"href\": \"\/akn\/ontology\/canary\/event\/commencement\", \"showAs\": \"commencement\"}], \"TLCPerson\": [], \"TLCConcept\": [{\"eId\": \"inForce\", \"href\": \"\/akn\/ontology\/canary\/concept\/temporal\/in-force\", \"showAs\": \"in force\"}], \"TLCProcess\": [], \"TLCLocation\": [], \"TLCOrganization\": [{\"eId\": \"cilegis\", \"href\": \"\/akn\/ontology\/canary\/organization\/editor\/cilegis\", \"showAs\": \"Cayman Islands legislation mirror (kyleg)\"}]}, \"temporalData\": {\"source\": \"#cilegis\", \"temporalGroup\": [{\"eId\": \"tg_inforce_2002_01_01\", \"timeInterval\": 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\"FRBRManifestation\": {\"FRBRuri\": \"\/akn\/ky\/act\/sl\/2002\/4\/eng@2002-01-01.xml\", \"FRBRdate\": [{\"date\": \"2026-06-22\", \"name\": \"generation\"}], \"FRBRthis\": \"\/akn\/ky\/act\/sl\/2002\/4\/eng@2002-01-01.xml\", \"FRBRauthor\": [{\"as\": \"#editor\", \"href\": \"\/akn\/ontology\/canary\/organization\/editor\/cilegis\"}], \"FRBRformat\": \"application\/xml\"}}}, \"name\": \"act\", \"header\": {\"title\": \"Merchant Shipping (Counting and Registration of Persons on Board Passenger Ships) Regulations\", \"actNumber\": \"4 of 2002\", \"longTitle\": null}}, \"doc\": null, \"bill\": null, \"judgment\": null}}","akn_full_text":"CAYMAN ISLANDS\n\nMerchant Shipping Law\nMERCHANT SHIPPING (COUNTING AND\nREGISTRATION OF PERSONS ON\nBOARD PASSENGER SHIPS)\nREGULATIONS, 2002\n\n(SL 6 of 2002)\nSupplement No.3 published with Gazette No.17 dated 26 August, 2002.\n\nPage 2\nSL 6 of 2002\nc\n\nPUBLISHING DETAILS\n\nMerchant Shipping (Counting and Registration of Persons on Board\nPassenger Ships) Regulations, 2002\nArrangement of Regulations\n\nc\nSL 6 of 2002\nPage 3\n\nCAYMAN ISLANDS\n\nMerchant Shipping Law\nMERCHANT SHIPPING (COUNTING AND\nREGISTRATION OF PERSONS ON BOARD\nPASSENGER SHIPS) REGULATIONS, 2002\n(SL 6 of 2002)\nArrangement of Regulations\nRegulation\nPage\n1.\nCitation ......................................................................................................................................5\n2.\nInterpretation .............................................................................................................................5\n3.\nApprovals and exemptions to be in writing .................................................................................7\n4.\nApplication .................................................................................................................................7\n5.\nPassenger counting ...................................................................................................................7\n6.\nAdditional requirements for voyages of more than twenty miles .................................................8\n7.\nNon-Cayman Islands ships on voyages from outside the Islands to the Islands .........................9\n8.\nRegistration system ...................................................................................................................9\n9.\nExemptions .............................................................................................................................. 10\n10.\nFalse statements ..................................................................................................................... 10\n11.\nOffences .................................................................................................................................. 11\n12.\nDefences ................................................................................................................................. 11\nSCHEDULE\n13\nCOUNTING AND REGISTRATION OF PERSONS ON BOARD PASSENGER SHIPS\n13\nPART I - General ............................................................................................................................... 13\nPART II - Collection and Recording of Information (Regulations 5 & 6) ............................................. 13\nPART III - Approval of Systems ......................................................................................................... 15\nPART IV - Exemptions ...................................................................................................................... 15\nPART V - Methods of Counting ......................................................................................................... 16\n\nMerchant Shipping (Counting and Registration of Persons on Board\nPassenger Ships) Regulations, 2002\nRegulation 1\n\nc\nSL 6 of 2002\nPage 5\n\nCAYMAN ISLANDS\n\nMerchant Shipping Law\nMERCHANT SHIPPING (COUNTING AND\nREGISTRATION OF PERSONS ON BOARD\nPASSENGER SHIPS) REGULATIONS, 2002\n(SL 6 of 2002)\nThe Governor in Council, in exercise of the powers conferred by on him by\nsections 174(1) and 459 of the Merchant Shipping Law (2001 Revision) makes the\nfollowing Regulations:\n1.\nCitation\n1.\nThese Regulations may be cited as the Merchant Shipping (Counting and\nRegistration of Persons on Board Passenger Ships) Regulations, 2002.\n2.\nInterpretation\n2.\n(1) In these Regulations unless the context otherwise requires \u2014\n\u201cadult\u201d means any person who is not an infant or a child;\n\u201cappropriate search and rescue services\u201d means, in relation to a ship\ninvolved in an emergency, the search and rescue services for the area in which\nthe ship is located;\n\u201cCayman Islands passenger ship\u201d means a passenger ship which is a\nCayman Islands ship;\n\u201cchild\u201d means a person who has reached his fourth birthday but not his\nsixteenth;\n\nRegulation 3\nMerchant Shipping (Counting and Registration of Persons on Board\nPassenger Ships) Regulations, 2002\n\nPage 6\nSL 6 of 2002\nc\n\n\u201cClass 1\u201d and \u201cClass 2\u201d in relation to passenger ships shall have the meanings\ngiven in the Merchant Shipping (Classes of Ships) Regulations, 2002;\n\u201cinfant\u201d means a person who has not yet reached his fourth birthday;\n\u201clanding point\u201d means a berth, excursion point, floating pier or stage,\nlink span, pier, port, stop or anchorage point from or to where passengers are\nembarked or disembarked;\n\u201cLaw\u201d means the Merchant Shipping Law (2001 Revision);\n\u201cpassenger registrar\u201d means the person appointed by the owner of a ship\npursuant to regulation 8(1)(b);\n\u201cprotected sea area\u201d means a sea area sheltered from the open sea effects\nwhere a ship is at no time more than six miles from a place of refuge where\nshipwrecked persons can land and in which the proximity of search and rescue\nfacilities is ensured;\n\u201cregular community service\u201d means a regular service in a sea area where the\nannual probability of the significant wave height exceeding two metres is less\nthan 10% and\n(a)\nthe voyage does not exceed thirty miles or thereabouts from the point of\ndeparture; or\n(b) the primary purpose of the service is to provide regular links to outlying\ncommunities for customary purposes;\n\u201cregular service\u201d means a series of ships crossings operated so as to serve\ntraffic between the same two or more ports either \u2014\n(a)\naccording to an established timetable; or\n(b) with crossings so regular or frequent that they constitute a recognisable\nsystematic series;\n\u201csearch and rescue services\u201d means the search and rescue services\nresponsible for the initiation and co-ordination of all maritime search and\nrescue activity required to provide assistance in the event of an emergency\ninvolving a ship, or its aftermath;\n\u201cship\u201d includes a hovercraft; and\n\u201cvoyage\u201d includes an excursion.\n(2) Where a ship is managed or operated by a person other than the owner,\nwhether on behalf of the owner or some other person, or on his own behalf, a\nreference in these Regulations to the owner shall be construed as including a\nreference to that other person.\n\nMerchant Shipping (Counting and Registration of Persons on Board\nPassenger Ships) Regulations, 2002\nRegulation 3\n\nc\nSL 6 of 2002\nPage 7\n\n3.\nApprovals and exemptions to be in writing\n3.\nAny approval or exemption given pursuant to these Regulations shall be given in\nwriting and shall specify the date on which it takes effect and the conditions (if any)\non which it is given.\n4.\nApplication\n4.\n(1) These Regulations apply to \u2014\n(a)\nany Cayman Islands passenger ship wherever it may be; and\n(b) any other passenger ship while it is within Cayman Islands waters.\n(2) These Regulations do not apply to \u2014\n(a)\nships of war and troop ships; and\n(b) pleasure vessels unless they are or will be crewed and carry more than\ntwelve passengers for commercial purposes.\n5.\nPassenger counting\n5.\n(1) The owner of a passenger ship shall ensure that, in respect of a Cayman\nIslands passenger ship when it leaves a landing point and in respect of any\nother passenger ship when it leaves a landing point in the Islands, there is\nestablished a system of counting all persons on board which \u2014\n(a)\nin the case of a passenger ship of Class 2 consists of a system of\nindividual passenger boarding cards;\n(b) conforms to the requirements of paragraphs (2) to (5) and the Schedule;\nand\n(c)\nis approved by the Director.\n(2) The system of counting established pursuant to paragraph (1) shall be\nsuch that \u2014\n(a)\nall persons boarding such a ship at a landing point at the beginning of a\njourney are counted individually on, or just prior to, boarding and\n(i)\nall persons disembarking at subsequent landing points, during the\ncourse of a journey, are counted individually as they disembark;\n(ii) all persons boarding at subsequent landing points, during the course\nof a journey, are counted individually on, or just prior to,\nboarding; and\n(iii) the number of persons remaining on board at each landing point is\ndetermined; or\n(b) the number of persons is determined and recorded according to an\nalternative method approved by the Director, which shall be of equivalent\neffectiveness to the system referred to in subparagraph (a).\n\nRegulation 6\nMerchant Shipping (Counting and Registration of Persons on Board\nPassenger Ships) Regulations, 2002\n\nPage 8\nSL 6 of 2002\nc\n\n(3) Where the counting system established in respect of a passenger ship pursuant\nto paragraph (1) includes a system of individual passenger boarding cards, no\npassenger shall be permitted to board the ship unless he has been issued with\nan individual boarding card.\n(4) Immediately before a passenger ship leaves any landing point the total number\nof persons on board at that time as determined by means of the counting\nsystem shall be communicated to the master of the ship and the owner\u2019s\npassenger registrar.\n(5) Where in respect of a person on board a ship, there has been declared a need\nfor special care or assistance in emergency situations, the owner shall ensure\nthat such information is properly recorded and communicated to the master of\nthe ship.\n(6) No passenger ship shall leave any landing point \u2014\n(a)\nunless the requirements of paragraph (4) have been complied with; and\n(b) in any event, if the total number of persons on board the ship exceeds the\nnumber of persons the ship is permitted to carry.\n(7) The arrangements made in pursuance of the requirements in paragraph  (1)\nshall be described in written instructions which shall be kept on board the ship\nat all times in the custody of the master.\n6.\nAdditional requirements for voyages of more than twenty miles\n6.\n(1) This regulation applies to \u2014\n(a)\nany Cayman Islands passenger ship leaving a landing point on a voyage\nof more than twenty miles from that landing point; and\n(b) any other passenger ship leaving a landing point in the Islands on a\nvoyage of more than twenty miles from that landing point.\n(2) The owner of a passenger ship to which this regulation applies shall ensure\nthat, within three months of the date of commencement of these Regulations,\nthe information specified in paragraph (3) is, for any voyage \u2014\n(a)\ncollected, in relation to each person on board, before the ship departs\nfrom the landing point;\n(b) communicated to the owner\u2019s passenger registrar within thirty minutes of\nthe ship\u2019s departure from the landing point; and\n(c)\nin respect of any such information as is specified in subparagraph \u2014\n(e)\nof that paragraph, communicated to the master of the ship before the ship\nleaves the landing point.\n(3) The information referred to in paragraph (2) is, in relation to each person on\nboard the ship \u2014\n\nMerchant Shipping (Counting and Registration of Persons on Board\nPassenger Ships) Regulations, 2002\nRegulation 7\n\nc\nSL 6 of 2002\nPage 9\n\n(a)\nfamily name;\n(b) forenames or initials;\n(c)\ngender;\n(d) subject to paragraph (4), an indication of the category of age, such\ncategory being either adult, child or infant, to which the person belongs,\nor the age, or the year of birth, of the person; and\n(e)\nif volunteered by a person, information concerning the need for special\ncare or assistance in emergency situations.\n(4) Where the information in relation to a person indicates the category of age to\nwhich a person belongs but does not indicate the person\u2019s age or year of\nbirth \u2014\n(a)\nthe information must be accompanied by an indication of the age range\nused to define each category; and\n(b) the age range used must be the age range used by the system for the\nregistration of the information established in accordance with\nregulation 8(1).\n7.\nNon-Cayman Islands ships on voyages from outside the Islands to the\nIslands\n7.\nIn respect of a passenger ship which is not a Cayman Islands ship on a voyage from\na landing point outside the Islands to the Islands \u2014\n(a)\nthe total number of persons on board the ship; and\n(b) the information specified in regulation 6(3),\nshall be readily available to the appropriate search and rescue services for the\npurposes of search and rescue in the event of an emergency or in the aftermath\nof an accident involving the ship.\n8.\nRegistration system\n8.\n(1) The owner of a passenger ship to which regulation 5 or 6 applies shall \u2014\n(a)\nestablish a system for the registration of the information collected\npursuant to these Regulations which \u2014\n(i)\nis in accordance with the requirements of the Schedule; and\n(ii) is approved by the Director;\n(b) appoint a shore-based passenger registrar who shall be responsible for\nholding the information collected pursuant to these Regulations and for\nits transmission to appropriate search and rescue services in the event of\nan emergency or in the aftermath of an accident involving the ship; and\n(c)\nensure that the information collected pursuant to these Regulations is at\nall times readily available for transmission to the appropriate search and\n\nRegulation 9\nMerchant Shipping (Counting and Registration of Persons on Board\nPassenger Ships) Regulations, 2002\n\nPage 10\nSL 6 of 2002\nc\n\nrescue services for use in an emergency or in the aftermath of an accident\ninvolving the ship.\n(2) Personal data which is collected solely pursuant to these Regulations by an\nowner shall be kept only for as long as is necessary for the purposes of these\nRegulations.\n(3) The Director may appoint persons to carry out checks on the proper\nfunctioning of registration systems approved under this regulation.\n(4) In performing the checks referred to in paragraph (3), the persons appointed\nshall \u2014\n(a)\nbe entitled to board a ship to which the registration system relates and\nenter premises of the owner\u2019s passenger registrar; and\n(b) have access to records and documents, including electronic and computer\nrecords, which comprise the owner\u2019s registration system.\n9.\nExemptions\n9.\n(1) Subject to paragraphs (2) and (3), the Director may exempt any passenger ship\nfrom the requirements of these Regulations, subject to such conditions as he\nmay specify, and may, subject to giving reasonable notice, alter or cancel the\nexemption so granted.\n(2) The Director may exempt any passenger ship leaving a landing point within\nthe Islands from the requirements of regulation 5(4), in so far as they apply\nwith respect to the passenger registrar, if the ship is engaged exclusively in a\nprotected sea area on a regular service of less than one hour between calls at\nlanding points.\n(3) The Director may exempt any passenger ship from the requirements of\nregulation 6(2) if \u2014\n(a)\nin respect of a Cayman Islands passenger ship leaving a landing point\noutside the Cayman Islands on an international voyage, the scheduled\nvoyages of the ship make it impracticable for such records to be\nprepared; and\n(b) in respect of a passenger ship leaving a landing point within the\nIslands \u2014\n(i)\nthe ship sails exclusively in a protected sea area between two\nlanding points or from and to the same landing point without calling\nat an intermediate landing point; or\n(ii) the ship is engaged on a regular community service.\n10.\nFalse statements\n10. A person shall not, in connection with a system for counting the persons on board a\npassenger ship or collecting the information specified in regulation 6(3) \u2014\n\nMerchant Shipping (Counting and Registration of Persons on Board\nPassenger Ships) Regulations, 2002\nRegulation 11\n\nc\nSL 6 of 2002\nPage 11\n\n(a)\nknowingly or recklessly make a false statement liable or intended to lead\nto error in the determination of the total number of persons on board or in\nthe collection of the information specified in regulation 6(3); or\n(b) falsify the information collected or transmitted to the owner\u2019s passenger\nregistrar.\n11.\nOffences\n11. (1) Where there is a contravention of the requirements of these Regulations in\nrespect of a passenger ship, the owner, and in respect of a contravention of\nregulation 5(6)(a) or 7, the master, is guilty of an offence punishable on\nsummary conviction by a fine not exceeding level 5 on the standard scale and\non conviction on indictment by imprisonment for two years and a fine of\n$5,000.\n(2) Any person contravening regulation 10 is guilty of an offence punishable on\nsummary conviction by a fine not exceeding level 5 on the standard scale or on\nconviction on indictment by imprisonment for two years and a fine of $5,000.\n12.\nDefences\n12. (1) It shall be a defence to a charge under these Regulations for the person\ncharged to prove that he took all reasonable steps to avoid the commission of\nthe offence.\n(2) Without prejudice to paragraph (1), it shall be a defence to a charge under\nregulation 10 for a person providing information in respect of other persons,\nnot being members of his family, to the owner of a ship, being information\nrequired by the owner pursuant to these Regulations, to prove that the\ninformation was collected by him in good faith.\n\nMerchant Shipping (Counting and Registration of Persons on Board\nPassenger Ships) Regulations, 2002\nSCHEDULE\n\nc\nSL 6 of 2002\nPage 13\n\n SCHEDULE\nCOUNTING AND REGISTRATION OF PERSONS ON BOARD\nPASSENGER SHIPS\nPART I - General\n1.\nAlternative systems may be adopted in the counting and recording of persons on\nboard as required by regulations 5 and 6 but no variation in the system chosen for a\nparticular voyage may be made during that voyage; provided that it is not required\nto apply one system throughout a company\u2019s fleet of ships, nor in the case of the\nsame ship, one system to operations from different ports or on alternative routes.\n2.\nIn this Schedule, unless the context otherwise requires\n\u201ccompany\u201d means the owner of a passenger ship or any other organisation or\nperson such as the manager or demise charterer, who has assumed the\nresponsibility for operating the passenger ship;\n\u201cdesignated authority\u201d has the same meaning as \u201csearch and rescue services\u201d;\n\u201chigh speed craft\u201d means a high speed craft as currently defined in Regulation\n1\nof Chapter X of the Safety Convention;\n\u201cperson\u201d includes all individuals on board the vessel irrespective of age; and\n\u201cvoyage\u201d shall be taken to constitute a journey from one place to another, or\nback to the place of departure, where passengers can embark and disembark.\nPART II - Collection and Recording of Information (Regulations 5 & 6)\nCollecting Information\n3.\nIn accordance with the relevant regulations relating to counting and registration of\npersons on passenger ships, the following details must be observed: \u2014\n(a)\nthere must be maintained within the counting and registration system\nimplemented by the company, the information necessary to comply with\nthe Regulations;\n(b) the company must appoint a shore-based \u201cpassenger registrar\u201d\nresponsible for the upkeep and transmission of this information in\naccordance with the Regulations;\n(c)\nthe system must be applied to all persons boarding and disembarking\nfrom a vessel for a voyage. A record must be made of each person,\nregardless of whether that person has been issued with a ticket or is a\nmember of the crew;\n\nSCHEDULE\nMerchant Shipping (Counting and Registration of Persons on Board\nPassenger Ships) Regulations, 2002\n\nPage 14\nSL 6 of 2002\nc\n\n(d) the system must be able to take into account all persons embarking or\ndisembarking when a vessel stops in mid-voyage, those who remain on\nboard from a previous voyage and any changes of personnel. The system\nmust account for all persons on board the vessel, such as contractors,\nmaintenance personnel, entertainers and travel industry personnel, who\nmay not be recorded as passengers or included in the Crew List. Each\nperson on board the vessel must have his or her relevant details recorded\nirrespective of whether or not the person is a fee paying passenger;\n(e)\nthe information is to be updated at each landing or stopping point where\npersons may embark or disembark from the vessel;\n(f)\nthe system must ensure that information concerning persons who have\ndeclared a need for special assistance or care in emergency situations is\nproperly recorded and handed to the master prior to the ship\u2019s departure;\nand\n(g) the system must be approved by the Director.\nCommunication and Availability of Information\n4.\nPrior to the ship\u2019s departure from a landing point the number of persons recorded on\nboard must be communicated to the master of the vessel and to the company\u2019s\npassenger registrar at the shore-based company system. The master must ensure that\nthe vessel does not depart if the total number of persons on board exceeds the total\nnumber that the vessel is permitted to carry.\n5.\n\n(a)\nInformation which is part of the passenger registration system must be\nobtained prior to the ship\u2019s departure and communicated within thirty\nminutes of departure to the company\u2019s passenger registrar at the shorebased company system.\n(b) Ship owners and operators should ensure that the information required\nfor the registration of persons is collected in a manner that causes\nminimum disruption and delay to those boarding the vessel.\n6.\nIt is the responsibility of the company or the operator to ensure that the information\ncollected in accordance with regulations 5 and 6 is readily available from the\nnominated passenger registrar for transmission to the emergency services in the\nevent of an emergency or in the follow up to an accident. The name and contact\npoint for the nominated passenger registrar must be provided to the Director or an\nofficer of the Cayman Islands Shipping Registry designated by the Director for the\npurpose.\n7.\nThe information that is recorded by the company must be maintained and be \u2014\n(a)\nreadily available to the emergency services in a format that is\nuncomplicated and easy to comprehend, especially in emergency\nsituations; and\n\nMerchant Shipping (Counting and Registration of Persons on Board\nPassenger Ships) Regulations, 2002\nSCHEDULE\n\nc\nSL 6 of 2002\nPage 15\n\n(b) protected from \u2014\n(i)\naccidental or unlawful destruction or loss;\n(ii) accidental or unlawful alteration; and\n(iii) unauthorised disclosure or access.\nBack Up System\n8.\nIt is essential that a suitable back up system is available in the event of a breakdown\nof the main systems which can provide the necessary facilities to meet the\nrequirements of the Regulations without causing undue delay.\nPART III - Approval of Systems\n9.\nAll systems must be approved by the Director and will be subject to inspection to\nensure the correct functioning of the system. In order to gain approval the company\nmust satisfy the Director that \u2014\n(a)\nthe system, at least, meets the requirements of the Regulations;\nand\n(b) the name and contact details of the nominated passenger registrar have\nbeen provided to the Director or the designated officer referred to in\nparagraph 6. It will remain the responsibility of the company or operator\nto ensure that the information provided with respect to the nominated\npassenger registrar remains up to date.\n10. Applications for approval should be in writing and should contain details of the\nproposed system and include examples of tickets and prints wherever possible. The\napplication must be made to the Director at least twenty eight days before the\nrequired implementation of the system. The Director will then make necessary\ninquiries and may choose to visit the company to obtain further information.\nPART IV - Exemptions\n11. Applications for exemption or derogation should be made in writing giving full\nexplanation for the application, to the Director.\n12. Where a passenger ship is operating exclusively \u2014\n(a)\nin protected sea areas, with regular services of less than one hour\nbetween port calls, exemptions may be granted from the obligation in\nregulation 5 to communicate the number of persons on board to the\npassenger registrar; or\n(b) in protected sea areas and between two ports or from and to the same port\nwithout intermediate calls, exemptions may be granted from obligations\nin regulation 6.\n\nSCHEDULE\nMerchant Shipping (Counting and Registration of Persons on Board\nPassenger Ships) Regulations, 2002\n\nPage 16\nSL 6 of 2002\nc\n\n13. For regular services where passenger ships are sailing on domestic voyages in an\narea where the annual probability of the significant wave height exceeding two\nmetres is less than 10%, and\n(a)\nthe voyage does not exceed thirty miles from the point of departure; or\n(b) the primary purpose of the service is to provide regular links to outlying\ncommunities for customary purposes; and\nexemption may be granted, wholly or partly, from the requirements of\nregulation 6 if it is considered impracticable for companies to record the\ninformation. To this end, evidence of such impracticability must be provided.\nIn addition, it must be demonstrated that in the area where such ships operate,\nshore-based navigational guidance and reliable weather forecasts are provided,\nthat adequate and sufficient search and rescue facilities are available, and that\nthe exemption if granted will not have any adverse effect on competition.\n14. An exemption shall not be granted to any passenger ship sailing from a Cayman\nIslands port and flying the flag of another Safety Convention country which, under\nthe relevant provisions of the Safety Convention, does not agree to the application\nof such exemption.\nPART V - Methods of Counting\n15. Owners may use one of the following methods of counting, or a similar system\nwhich meets the requirements of the Regulations.\nA. CLASS 1 PASSENGER SHIPS\n16. Passenger ships operating under Class 1 passenger certificates must ensure that\nthere is a system by which all persons boarding will be counted prior to departure in\naccordance with paragraphs 4 to 10.\n17. Because of the nature of the voyages generally undertaken by these vessels, the\ncollection of registration information will normally be readily available prior to\ndeparture and should be recorded in accordance with paragraphs 4 to 10.\n18. Persons who disembark at each landing point must be counted by means of landing\ncards or a similar arrangement. Landing cards may be issued in the same way that\nboarding cards are issued. A running tally must be kept of those boarding for the\nfirst time and those re-embarking so that the total number of persons on board for\nthe voyage is always known prior to departure, in accordance with regulation 5.\n19. Where any change of persons on board occurs, it is the responsibility of the master\nto ensure that the company\u2019s passenger registrar is informed and the registration\ndetails are updated within thirty minutes of departure.\n20. Landing cards, if used, should be made of a material such as plastic, and wherever\npossible, should be used to draw the passenger\u2019s attention to safety information.\nB. CLASS 2 PASSENGER SHIPS\n\nMerchant Shipping (Counting and Registration of Persons on Board\nPassenger Ships) Regulations, 2002\nSCHEDULE\n\nc\nSL 6 of 2002\nPage 17\n\nManual boarding card system\n21. A manual boarding card system shall apply to all passengers boarding a ship\noperating under a Class 2 passenger certificate for a particular voyage. It must apply\nto foot passengers, cyclists, and drivers of automobiles, trucks, coaches and their\npassengers. There must be one boarding card per passenger regardless of whether\nthe passengers have individual tickets, unless an appropriate exemption has been\ngranted under regulation 9. Special arrangements must be made for passengers who\nremain on board from a previous voyage, crew members and other persons on board\nthe vessel.\n22. A boarding card system must conform to one of the following descriptions \u2014\n(a)\nthere must be for each sailing, a book or books of numbered boarding\ncards. If more than one book is used the books must be consecutively\nnumbered. To facilitate counting, each card must have an individually\nnumbered counterfoil. One card will be issued to each passenger at, or\nshortly before, the time of boarding. However when a number of\npassengers travel together in one vehicle a card for each passenger may\nbe issued in a block to the driver or to a responsible person in the vehicle\nprovided that such a procedure will not affect the accuracy of the total\npassenger count. The total number of cards issued for a particular voyage\nwill be determined from the number of cards remaining in the book or\nbooks, and from the numbered counterfoils;\n(b) each passenger will be issued, before arriving at the embarkation point, a\nboarding card which may have a detachable portion. The detachable\nportion, or the complete card, must be collected by a representative of the\nmaster at, or shortly before, the time of boarding and the number of cards\nor detachable portions so collected will determine the number of\npassengers boarding.\nHowever, when a number of passengers travel together, a card for each\npassenger may be issued in a block to the driver or to a responsible\nperson in the vehicle; provided that such a procedure will not affect the\naccuracy of the total passenger count; or\n(c)\nwhen large numbers of passengers are involved, such as on ships\ncertificated to carry more than two hundred passengers, the detachable\nportions, or the complete cards, may be counted by automatic passenger\ncounting machines.\n23. Other systems of manual counting may be provided if they \u2014\n(a)\nconform to the basic objectives set out in paragraphs 21 and 22;\n(b) are straightforward, secure and effective; and\n(c)\ncan be easily checked and enforced without the necessity of arranging a\nfull passenger count as passengers leave the ship.\n\nSCHEDULE\nMerchant Shipping (Counting and Registration of Persons on Board\nPassenger Ships) Regulations, 2002\n\nPage 18\nSL 6 of 2002\nc\n\nComputerised Boarding Card System\n24. A computerised boarding card system should be capable of recording all\ninformation on persons required by regulations 5 and 6, including those persons\nwho are not named on the Passenger or Crew List provided that the following points\nhave been taken into account in the counting, boarding and registration procedures\ngoverning the system: \u2014\n(a)\nwhere the passenger checks in;\n(b) where the boarding card is issued;\n(c)\nhow the issue of the computerised boarding card corresponds to the\naggregation of the count;\n(d) what route the passenger takes to the ship;\n(e)\nwhat other controls (for example, immigration control) the passenger\npasses through;\n(f)\nhow the total count is adjusted if a passenger belatedly decides not to\ntravel;\n(g) how passengers remaining on board are dealt with; and\n(h) what contingency plans have been made in the event of the failure of the\ncomputerised system \u2014\n(i)\nprior to landing; or\n(ii) during the course of loading.\n25. In a computerised boarding card system, passengers travelling together in parties\nmay be issued with one card only on which is indicated the total number of\npassengers in the party. In that case however, a physical check must be built into the\ncounting procedures to ensure the accuracy of the total passenger count.\n26. Boarding cards should be made of a material such as plastic and wherever possible\nshould be used to draw the passenger\u2019s attention to safety information.\nPassengers remaining on board from a previous voyage\n27. The design of manual and computerised systems must take into account the\ncounting of passengers remaining on board from a previous voyage or part of a\nvoyage. The arrangements must also provide for these numbers to be included in the\ntotal count of passengers on that voyage.\n28. A passenger remaining on board at the end of a voyage must be given a card for the\nreturn voyage which may be the boarding card for the return voyage. The passenger\nwill be required to have the return boarding card marked or recorded whilst the\nvessel is docked to confirm the return journey.\n29. Where a computerised boarding system is used it must include an effective method\nfor counting those staying on board meeting the above criteria.\n\nMerchant Shipping (Counting and Registration of Persons on Board\nPassenger Ships) Regulations, 2002\nSCHEDULE\n\nc\nSL 6 of 2002\nPage 19\n\n30. Passengers who disembark at each landing point must be counted by means of\nlanding cards. Landing cards may be issued in the same way that boarding cards are\nissued. A running tally is to be kept of those boarding for the first time and those reembarking must be maintained so that the total number of passengers on board for\nthe voyage is always known prior to departure.\n31. Where any change in the number of persons on board occurs it is the responsibility\nof the master to ensure that the passenger registrar is informed and registration\ndetails are updated within thirty minutes of departure.\n32. Landing cards should be made of a material such as plastic and wherever possible\nshould be used to draw the passenger\u2019s attention to safety information.\nDual Systems\n33. Where the systems comply with the Regulations, and can be shown to be effective\nand secure, and meet the requirements of paragraphs 4 to 6, two discrete boarding\ncard systems, for example, manual boarding cards for freight drivers, and a\ncomputerised system for the remainder of passengers may be considered, provided\nthat they fully satisfy the requirements of the Regulations.\nC. OTHER PASSENGER SHIPS\nBoarding Card Systems\n34. The boarding card system must conform to the requirements for vessels of Class 2.\nClicker System\n35. The master of the crew must count each passenger boarding using a consecutively\nnumbering (hand-held) counting device and note the total number of passengers.\nWhen ships call at a number of landing points to land and take on passengers or\ncrew, the persons disembarking at each landing point must be similarly counted and\nrecorded. New passengers must then be boarded, and counted again using the\nclicker. The total number of passengers on board must be calculated before sailing\nusing these figures as a basis. If the clicker can also subtract figures it can be used\ndirectly on passengers embarking and disembarking to maintain a running total of\npassengers on board.\nInformation to be left Ashore\n36. The master or a member of the crew must, before departure, advise the passenger\nregistrar ashore of the revised information of persons on board at that landing point.\nThe passenger registrar will record the information together with the vessel\u2019s name,\nthe landing point, the date, and the time of the transmission.\n37. When a passenger ship plies to and from unmanned landing points the information\nof persons on board, the date and time of sailing and the name of the vessel must be\nrecorded in writing and the record placed in a secure location ashore.\n\nSCHEDULE\nMerchant Shipping (Counting and Registration of Persons on Board\nPassenger Ships) Regulations, 2002\n\nPage 20\nSL 6 of 2002\nc\n\nElectronic System\n38. The master or a member of the crew must count each passenger boarding using\nelectronic equipment at least as effective as the systems described above.\nThe system must include the counting of any passengers remaining on board at the\nend of the voyage. Passengers who do not physically disembark must be given a\ncard for the journey ahead. Alternatively, they might be physically counted off\nusing the clicker. It is the responsibility of the shipowner to ensure that the system\nworks and is effective.\nMade in Executive Council the 25th day of June , 2002.\nCarmena H. Watler.\nClerk of the Executive Council.","akn_extracted_at":"2026-06-22 15:39:00.755717+00","cms_id":"2002-0004","law_type":"subordinate","year":"2002","number":"4","title":"Merchant Shipping (Counting and Registration of Persons on Board Passenger Ships) Regulations","status":"in_force"},"provenance":{"files":[{"file_id":"5666","expr_id":"596","kind":"akn_xml","filename":"2002-0004_SL 4 of 2002.akn.xml","source_url":null,"storage_path":"\/Users\/q\/kyleg-data\/working\/SUBORDINATE\/2002\/2002-0004\/2002-0004_SL 4 of 2002.akn.xml","content_md5":"90f5e97d623ac54e5560d2888d748e3c","byte_size":"40068","http_last_modified":null,"fetched_at":"2026-06-22 15:39:01.027914+00"},{"file_id":"1191","expr_id":"596","kind":"pristine_pdf","filename":"2002-0004_SL 4 of 2002.pdf","source_url":"\/cms\/images\/LEGISLATION\/SUBORDINATE\/2002\/2002-0004\/2002-0004_SL 4 of 2002.pdf","storage_path":"\/Users\/q\/kyleg-data\/pristine\/SUBORDINATE\/2002\/2002-0004\/2002-0004_SL 4 of 2002.pdf","content_md5":"20e11d87825f7283473612bd6cef3210","byte_size":"477119","http_last_modified":null,"fetched_at":"2026-06-21 23:09:36.232479+00"},{"file_id":"1192","expr_id":"596","kind":"working_pdf","filename":"2002-0004_SL 4 of 2002.pdf","source_url":"\/cms\/images\/LEGISLATION\/SUBORDINATE\/2002\/2002-0004\/2002-0004_SL 4 of 2002.pdf","storage_path":"\/Users\/q\/kyleg-data\/working\/SUBORDINATE\/2002\/2002-0004\/2002-0004_SL 4 of 2002.pdf","content_md5":"20e11d87825f7283473612bd6cef3210","byte_size":"477119","http_last_modified":null,"fetched_at":"2026-06-21 23:09:36.232479+00"}],"paragraph_count":30,"latest_history":null},"quality":{"expr_id":"596","doc_id":"596","quality_state":"needs_review","quality_score":"84","needs_human_review":"t","deterministic_categories":"{duplicate_text,page_header_footer_noise}","llm_categories":"{title_mismatch,truncated_text,page_header_footer_noise}","repair_actions":"{collapse_duplicate_text,reextract_full_text,strip_page_furniture,verify_title_metadata}","finding_severity_counts":"{\"low\": 1, \"medium\": 2}","finding_summary":"Metadata citation mismatch and potential truncation require review; header\/footer artifacts present but not critical.","assessed_at":"2026-06-22 15:29:45.816536+00","updated_at":"2026-06-22 15:29:45.816536+00"}}