Marine Orders Part 11: Substandard ships, Issue 2 (Order No. 14 of 2002) (Cth)
MARINE ORDERS
Part 11
Substandard ships
Issue 2
Order No 14 of 2002
Pursuant to Section 425(1AA) of the Navigation Act 1912, I hereby make this Order repealing Marine Orders, Part 11, Issue 1, and issuing the attached Marine Orders, Part 11, Issue 2, to come into operation on 13 January 2003.
Clive Davidson
Chief Executive Officer
12 December 2002
Table of Contents
1 Purpose of this Part
2 Interpretation
3 Application
4 Prescribed matters
Appendix Procedures
Previous issue
Issue 1, Order No 16 of 1986
1 Purpose of this Part
Section 210 of the Navigation Act 1912 provides for the detention of a ship that is “substandard”.[1] Subsection 207A(1) provides that a ship is substandard if it is seaworthy but conditions on board the ship are clearly hazardous to safety or health. Subsection 207A(2) provides that, in determining whether a ship is substandard, regard shall be had to such matters as are prescribed. This Part prescribes those matters.
[1] AMSA has developed procedures for dealing with complaints about the condition of ships, and for inspecting and reporting on ships. These are set out in the Appendix.
2 Interpretation
In this Part:
· headings and sub-headings are part of the Part;
· the Appendix is part of the Part;
· a footnote is not part of the Part, but may provide additional information or guidance in applying the Part.
3 Application
This Part applies to any ship to which Division 3 of Part IV of the Navigation Act 1912 applies while the ship is in an Australian port.
4 Prescribed matters
For the purpose of sub-section 207A(2) of the Navigation Act 1912, the following matters are prescribed.[2]
[2] The list represents conditions on a ship to which regard must be had in determining whether a ship is substandard, but it is not intended to be exhaustive. The mere existence of a listed deficiency on a ship does not automatically render the ship substandard, nor does the absence of a deficiency from the list prevent a ship from being substandard as a result of that deficiency if it is a clear hazard to safety or health.
Item
Deficiencies
Accesses
Not capable of being secured.
Insufficiently protected against weather and sea.
Insufficiently insulated from engine noise.
Unsafe or unsatisfactory condition.
Ventilation
Mechanical ventilation or electric fans fitted in sleeping rooms and mess rooms are not in satisfactory working condition.
Accommodation
Accommodation is not free of cargo, or ship stores such as paint.
Floors are not of easily cleaned durable material, which is impervious to damp.
Floors have blocked scuppers.
Floor tiling or covering is deteriorated to the extent that it cannot be kept clean, or creates a hazard.
Accommodation in an unhygienic condition, or in a filthy condition with either built-up or surface dirt.
Electrical wiring and switches
Overloaded power points.
Defective insulation.
General unsafe appearance.
Garbage disposal
Garbage cans are not available in galley, pantries or mess rooms.
Garbage cans in unsatisfactory condition.
Main garbage drums are not located in an accessible position.
Main garbage drums without properly fitting lids.
Galley, storerooms and handling rooms
Not in a clean condition, with built-up or surface dirt.
Galley exhaust fan not in working order.
Galley exhaust not grease free.
Item
Deficiencies
Food provisions
Food is not suitable for intended voyage in regard to:
- quantity and/or quality;
- flour, rice, grain or cereal stores are weevil infested.
Water, potable
Fresh water is contaminated and unsuitable for human consumption.
Insect/vermin infestation
Evidence of infestation exists in accommodation by insects or vermin.
Fly screens for portholes, ventilators and doors to the open deck
Screens missing.
Screens exist but apertures cannot be properly protected by close fitting screens.
Screens exist but have gauze broken and/or missing. (Where temperature controlled mechanical ventilation is fitted, screens are only required for areas, such as galley and food preparation areas, where insects can enter through open windows.)
Lighting
Crew spaces are inadequately lit.
Light fittings are inoperable.
Light fittings are not fitted with globes or tubes of the correct rating of the fitting.
Heating
Heating is not capable of maintaining a temperature of 16°C.
Steam pipes
Steam or exhaust pipes for winches and similar gear pass through accommodation (other than alleyways).
Lagging
Steam or exhaust pipes passing through alleyways not properly lagged.
Heating steam or hot water pipes are not adequately lagged or protected.
Item
Deficiencies
Paint locker
Inadequate natural ventilation.
In an unsatisfactory condition.
Spillage of flammable liquid found.
Noise
Excessive noise. (On receipt of complaint, ascertain if reduction of noise level is practicable. If this is both possible and reasonable, but no action is taken, a deficiency exists.)
Paintwork
Painted surfaces deteriorated such that they cannot be washed clean.
Work spaces, including engine room
Not in a safe and clean condition.
Prevalence of oily rags or other fire hazard.
Adequate lighting, ventilation or means of escape is not available.
Mooring ropes and wires (including fittings)
Damaged or defective.
Stored in a manner that is likely to result in damage or defects
Exposed to conditions that could lead to their deterioration and eventual failure.
Berths
Individual berth with clear access is not provided for each crew member.
A mattress, a pillow and pillowcase, and two clean sheets is not fitted to each berth.
A blanket is not available for each berth.
Insufficient linen exists to provide a weekly change during the longest leg of the voyage between ports with laundry facilities. (Only one change need be provided if a suitable laundry exists aboard.)
Essential furnishings are not in good repair and clean.
Item
Deficiencies
Sanitary facilities
Insufficient showers, wash basins and toilet facilities are provided.
Toilets broken or not flushing correctly.
Wash basins broken or without supply or waste pipes.
Water not available at wash basins.
Water supply contaminated and not fit for washing.
Blocked drainage or seepage from toilets/wash basins/showers.
Numerous tiles or extensive patches of coating missing in wet areas or other defects which prevent these areas being kept clean and sanitary.
Cold rooms and refrigerated room
The refrigeration machinery is not operating efficiently.
Door seals defective.
Internal alarms not fitted or not operating.
The securing devices not capable of being operated from inside the room.
Refrigerators not kept clean and defrosted.
Food improperly stored.
Gratings unclean, defective, or with food scraps or dirt beneath them.
Lining defective.
Clothes washing facilities
Suitable sinks in wash rooms broken or not provided. (Not required if electric washing machines are fitted.)
Drying rooms
Clothes drying facilities not provided in a compartment separate from sleeping rooms and mess rooms.
Facility not ventilated or heated.
Facility not provided with racks or lines.
Item
Deficiencies
Mess rooms
Sleeping room used as a mess room.
Mess room not located as close as practical to the galley.
Adequate furniture not provided.
Proper facilities for washing eating utensils and plates not provided.
Hospital
A separate hospital is not provided. (Only required if crew is 15 or more and voyage exceeds 3 days).
The hospital is used for other than medical purposes.
Sewage treatment plant
If fitted and operating, is not operating in accordance with the manufacturer’s instructions.
Medical equipment
A medicine chest and/or dispensing instructions not carried.
Medicines and stores are damaged or time expired.
Walkways
Walkways are not safe and clear.
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Appendix
Procedures
This Appendix sets out the procedures followed by AMSA relating to inspection of a ship in a port in Australia suspected of being substandard, either following a complaint or as the result of any other information received.
1 Interpretation
In this Appendix:
Australian port means a port in a State or in the Northern Territory;
interested person, in relation to a ship, means:
· a member of the crew of that ship;
· an official of a professional body, association or trade union; or
· any person with an interest in the safety of the ship, including an interest in safety or health hazards to its crew;
surveyor means a person appointed to be a surveyor under s.190 of the Navigation Act 1912; and
surveyor-in-charge means:
· in the case of a port where an AMSA marine survey office is locatedthe surveyor-in-charge of that office; and
· in the case of any other portthe surveyor-in-charge of the AMSA marine survey office nearest to that port.
2 Complaints
An interested person who believes that a ship at a port in Australia is substandard may make a complaint:
in writing;
addressed to the surveyor-in-charge for the port at which the ship is located; and
stating:
- the name and the port of registry of the ship;
- the conditions on board the ship the person making the complaint believes are hazardous to safety or health; and
- the nature of interest in the ship claimed by the person making the complaint.
3 Inspections
3.1 If a surveyor-in-charge:
has reason to believe that a ship at a port in Australia is substandard; or
receives a complaint in accordance with 2,
the surveyor-in-charge is to arrange for the ship to be inspected by a surveyor as soon as practicable to determine whether it is substandard.
3.2 If a surveyor, during the course of an inspection of a ship for any purpose under the Navigation Act, becomes aware that the ship may be substandard the surveyor may inspect the ship to determine whether it is substandard.
3.3 If an inspection is wholly or partly in relation to an alleged hazard to health on board the ship, a surveyor would normally be accompanied by a medical practitioner.
3.4 Following inspection of a ship, a surveyor is to prepare a written report:
setting out whether or not conditions on board the ship are hazardous to safety or health, having regard in particular to the prescribed matters set out in Marine Orders, Part 11; and
identifying the hazardous conditions, if any.[3]
[3] Where accommodation is not constructed or maintained to the standards laid down in ILO Conventions or the total number of items of accommodation, bunks, toilets, etc. fitted in the ships do not comply with the numbers required it will not normally be practicable to require modifications. In these cases the surveyor would note these deficiencies with a view to formal advice to the owner and Flag State that the ship does not comply with the standards concerned .
3.5 The surveyor-in-charge is to arrange for a copy of the report to be provided as soon as practicable to:[4]
[4] Section 192A of the Navigation Act provides that where a ship to which Part II of that Act does not apply is detained or proceedings are taken against the owner or master of such a ship, AMSA must give notice in writing, specifying the grounds on which the ship has been detained or the proceedings have been taken, to the consul for the country in which the ship is registered at or nearest to the port where, for the time being, the ship is.
the master of the ship; and
if relevant, the interested person who made the complaint.
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