Navigation (Loading and Unloading) Regulations (Cth)

STATUTORY RULES.

1928. No. 20.

REGULATIONS UNDER THE NAVIGATION ACT 1912-1926.

I, THE GOVERNOR-GENERAL in and over the Commonwealth of Australia, acting with the advice of the Federal Executive Council, hereby make the following Regulations under the Navigation Act 1912-1926, to come into operation, as regards regulations 1 and 32, forthwith and, as regards regulations 2 to 31 inclusive, on the first day of July, 1928.

Dated this twenty-ninth day of February, 1928.

STONEHAVEN

Governor-General.

By His Excellency’s Command,

H. E. PRATTEN

Minister of State for Trade and Customs.

 

Navigation (Loading and Unloading) Regulations.

Short title.

1. These Regulations may be cited as the Navigation (Loading and Unloading) Regulations.

Definitions.

2. (1) In these Regulations, unless the contrary intention appears—

“Cargo gear” includes masts and stays, derricks, booms, gaffs and the like, winches, cranes and other hoisting appliances, mast bands, goosenecks, blocks, gins, standing and running gear of derricks and cranes, and slings, used in connexion with the loading or unloading of any ship;

“Inspector” means a person appointed as a Surveyor under the Navigation Act 1912-1926 to survey ships and their equipment;

“Competent person” means a properly qualified person responsible to the master or owner of the ship as regards ship’s gear, or to the owner of gear taken on a ship for use in connexion with loading or unloading of cargo;

“Principal port” means the port of Sydney, Newcastle, Melbourne, Brisbane, Port Adelaide, Fremantle, or Hobart.

“The Docks Regulations of the United Kingdom” means the Docks Regulations 1925, being Statutory Rules and Orders 1925, No. 231, made under the Imperial Factory and Workshops Act 1901, and includes any regulations amending or superseding those regulations.

(2) A reference to a form shall be read as a reference to a form in the Schedule to these Regulations.

Application.

3. These Regulations shall apply to cargo gear (whether belonging to the ship or not) used on any ship, British or foreign (other than a ship engaged wholly in the domestic trade of a single State or a River and Bay ship), in connexion with the loading or unloading of cargo at any port of the Commonwealth.

904.—Price 5d.

 

Classes of ships to which regulations apply.

4. The ships to which these Regulations apply shall be divided into classes as follows:—

(a) Class 1.—Ships registered in Australia, or licensed to engage in the coasting trade, holding a Commonwealth Certificate of Survey or Equipment;

(b) Class 2.—Other British or foreign ships the cargo gear on which has been inspected under, and complies with, the provisions of the Docks Regulations of the United Kingdom; and

(c) Class 3.—British and foreign ships not included in Class 1 or Class 2 above.

Inspection, &c., of cargo gear.

5. (1) Before cargo is loaded or unloaded on any ship to which these Regulations apply, the cargo gear to be used shall have been tested and examined, the chains annealed where prescribed, and both maintained in safe working condition and records of same kept, in each case as required by these Regulations.

Penalty.

(2) Except where a duty or obligation is laid by a regulation upon some other person (in which case the penalty for breach of the regulation shall be upon that person), the master, owner and agent of the ship shall be jointly and severally liable to penalty in respect of any breach of the requirements of these Regulations.

(3) Except where otherwise provided, the penalty for a breach of these Regulations shall be not more than Fifty pounds.

Requirements as to Class 1 ships.

6. (1) In the case of ships of Class 1—

(a) All derricks, and permanent attachments (including spans, goosenecks and bands to the derrick, mast and deck, used in hoisting or lowering in connexion with the loading or unloading of the ship shall be thoroughly examined, tested, and certified by a competent person once at least in every four years, and thoroughly inspected every twelve months;

(b) Every winch or hoisting appliance used for loading or unloading cargo shall be thoroughly overhauled annually and examined, tested and certified by a competent person; and

(c) The tests, examinations and inspections required by this sub-regulation shall be carried out so far as is practicable at a principal port during a survey of the vessel for a Certificate of Survey or of Equipment.

(d) Certificates issued by a competent person shall be signed by him and countersigned by the owner of the gear or master of the ship as the case requires.

(2) (a) A Register of Cargo Gear, in Form l.u.—1 shall be provided by the master and kept in each ship of Class 1, and shall be kept available for inspection and endorsement by an Inspector at any time.

(b) A Certificate prepared and signed by the competent person who made the test, specifying the load, method of applying the load, and angle at which each of the derricks was tested, and the safe working load as regards each winch or other lifting appliance, shall be attached to the ship’s Register of Cargo Gear, in which shall also be entered in Part I. or Part II., as the case requires, the dates on which the tests and examinations and inspections are carried out.

 

(3) The load for which each derrick has been tested and certified shall be conspicuously painted on the side of the derrick, e.g., “Tested to 10 T.” The test load specified shall be the actual strain applied by the test, by whatever method used, to the derrick head band.

(4) No pulley, gin, block or other similar gear, and no chain, ring, hook, shackle or swivel shall be used for hoisting or lowering in connexion with the loading or unloading of a ship unless a certificate of test and examination in Form l.u.—2 shall have been obtained from the manufacturer or other qualified person having the required testing apparatus to make the test required by this regulation. Such certificates shall be kept attacked to the ship’s Register of Cargo Gear.

(5) All chains attached to derricks, and all rings, hooks, shackles and swivels used for hoisting or lowering in connexion with the loading or unloading of a ship shall be effectively annealed by a properly qualified annealer of chains, as follows:—

(a) Half-inch and smaller chains, rings, hooks, shackles and swivels in general use, once at least in every six months;

(b) All other chains, rings, hooks, shackles, and swivels in general use, once at least in every twelve months; and

(c) A record of such annealing shall be kept in Part III. of the Register of Cargo Gear.

Provided that, as regards any such gear, when the Deputy Director is of opinion, on the report of an Inspector, that, owing to the size, design, material or infrequency of use of the gear the requirement of this regulation as to annealing is not necessary for the protection of the persons employed, he may by certificate in writing (which he may in his discretion revoke) exempt the gear from the requirements of this sub-regulation, subject to such conditions (if any) as are specified in the certificate.

Requirements as to Class 2 ships.

7. (1) In the case of ships of Class 2, the cargo gear, and the Register of Machinery, Chains, and Wire Ropes (Form 88 of the Docks Regulations of the United Kingdom) shall be kept and made available for inspection at any time by an Inspector.

(2) All cargo gear used on a ship of Class 2 shall comply with the requirements of the Docks Regulations of the United Kingdom as to testing, marking, and certifying, and any failure to comply with those requirements shall be deemed to be a contravention of these Regulations.

Penalty, on the master: Fifty pounds.

Requirements as to Class 3 ships.

8. (1) In the case of the first visit to a Commonwealth port of a ship of Class 3, after the first day of July, 1928, the following requirements shall be complied with:—

(a) All cargo gear shall have been closely examined by responsible ship’s officers within the preceding six months; and

(b) A statement, drawn up and signed by the ship’s officer who made the inspection and countersigned by the master, specifying the gear inspected and the safe working load of each derrick and winch or hoisting appliance, and declaring that the cargo gear is in good condition and fit for the purpose intended, shall be kept and made available for inspection and endorsement by an Inspector at any principal port at which such vessel loads or unloads cargo,

904.—2

 

and no cargo shall be loaded or unloaded with the ship’s gear at any port in the Commonwealth until such statement has been so prepared, signed and countersigned.

(2) In the case of any subsequent visit to a Commonwealth port of a ship of Class 3, the requirements for a ship of Class 1 shall be complied with by the master:

Provided that, if the laws of the country to which the ship belongs, relating to cargo gear, are in substantial compliance with these Regulations, the Deputy Director may, on the report of an Inspector that those laws have been complied with, exempt the cargo gear carried on board the ship from any or all of the requirements of these Regulations, as he thinks fit.

Cargo gear stored on shore for use on ships.

9. In the case of cargo gear not belonging to a ship, but stored on shore and taken on board, as required, for use in connexion with its loading or unloading, the requirements of regulation 6 of these Regulations as to examination, inspection, testing, and certifying of gear, and as to the keeping of a Register of Cargo Gear and the making of entries therein, shall apply, so far as they are applicable, and the owner of any such cargo gear who fails so to comply with the requirements of regulation 6 shall be guilty of an offence.

Penalty: Fifty pounds.

Gear to be inspected before use.

10. All chains attached to derricks or masts, and all rings, hooks, shackles and swivels, shall be inspected by a competent person before each occasion on which they are used in hoisting or lowering, unless the gear has been so inspected within the preceding three months.

Repaired &c. gear to be tested.

11. All chains, rings, hooks, shackles, swivels, derrick or mast fittings used in connexion with hoisting or lowering which have been lengthened, renewed, distorted, altered or repaired by welding shall be adequately tested and re-examined by a competent person and a record of same made and kept in the ship, or gear store on shore, as the case requires, before such gear is again put into use.

Wire ropes to be certificated.

12. (1) Wire or other rope shall not be used in hoisting or lowering in connexion with loading or unloading cargo unless—

(a) It is of suitable quality and free from patent defects; and

(b) In the case of wire rope (other than wire rope purchased before the first day of July, 1928), a certificate in Form L.U.—3, has been obtained from the makers, and is attached to the Register of Cargo Gear.

(2) Every wire rope in general use shall be inspected by a competent person at least once in every three months;

Provided that after any wire in such rope has been broken the rope shall be inspected once at least in every month.

Copies of manufactures’ certificates accepted in special cases.

13. Where under sub-regulation (4) of regulation 6 and paragraph (b) of sub-regulation (1) of regulation 12 of these Regulations certificates are required to be given in the prescribed form by the

 

manfuacturer, the Deputy Director may, in the case of cargo gear manufactured in another State or country, accept a copy of the manufacturer’s certificate made on the form prescribed in the Schedule and signed by the person who imported or supplied the cargo gear:

Provided that, in the case of a length of wire rope or chain cut from a full coil or length carrying the manufacturer’s certificate of test, the Deputy Director may accept a copy in the prescribed form of the original certificate.

Defective wire ropes.

14. Wire rope shall not be used for hoisting or lowering in connexion with loading or discharging cargo if in any length of eight diameters the total number of visible broken wires exceeds 10 per centum of the total number of wires or the rope shows signs of excessive wear, corrosion or other defect which, in the opinion of the competent person who inspects it, renders it unfit for the service intended.

Wire rope splices.

15. A thimble or loop splice made in any wire rope shall have at least three tucks with a whole strand of the rope and two tucks with one half of the wires cut out of each strand. The strands in all cases shall be tucked against the lay of the rope:

Provided that this regulation shall not operate to prevent the use of another form of splice which can be shown to be as efficient as that laid down in this regulation.

Safe working load to be marked on gins, &c.

16. Any pulley, gin, block, or similar gear shall not be used in hoisting or lowering in connexion with loading or unloading, unless the safe working load is clearly stamped upon it:

Provided that in the case of Class 3 ships such gear if not stamped as required by this regulation shall be inspected and approved by a competent person.

Marking slings.

17. Means shall be provided to enable any person to readily ascertain the safe working load for any chain or wire rope sling he is required to use. Such means shall consist of—

(a) Marking the safe working load in plain figures or letters upon the sling or upon a tablet or ring of durable material attached securely thereto; or

(b) A notice so exhibited as to be easily read by any person concerned, clearly setting out the safe working loads for the various sizes of chains and wire ropes used.

Use of chains.

18. (1) No chain which has been shortened by knotting or which contains any knot, shall be used in connexion with the loading or unloading of a ship.

(2) Chain used for the slinging of heavy loads of iron or steel or other hard material shall be prevented, by the use of suitable packing, from coming into direct contact with any sharp edge of the material.

Annealing date to be entered in register.

19. The dates of last annealing of chains required by these Regulations to be annealed shall be entered in the ship’s Register of Cargo Gear.

Guard rails around machinery, &c.

20. All motors, cog-wheels, chain-gearing, friction-gearing, shafting, and live electric conductors shall (unless it can be shown by their position and construction that they are equally as safe to every person employed

 

as they would be if securely fenced) be securely fenced so far as is practicable without impeding the safe working of the ship and without infringing any requirement of the Navigation Act 1912-1926.

Winches, &c., to be maintained in good order.

21. The master of a ship to which these Regulations apply shall take all necessary steps to ensure that the steam winches for power hoists of any kind used for hoisting or lowering are at all times maintained in a state of thorough repair and working efficiency.

Exhaust steam.

22. Adequate measures shall be taken by the master or owner to prevent exhaust steam and, so far as is practicable, live steam to any crane or winch, obscuring any part of the decks, gangways, stages, wharf, or quay where any person is employed in connexion with loading or unloading.

Load limited to safe working load.

23. Chain or other lifting gear shall not be loaded beyond the safe working load.

Loads not to be left suspended.

24. A load shall not be left suspended from a crane, winch, or other lifting appliance unless there is, during the time it is so suspended, a responsible person actually in charge of the lifting appliance.

Suitable lifting gear for beams. &c.

25. All fore and aft beams and athwartship beams used for hatch covering shall have suitable gear for lifting them on and off.

Hatch coverings to be plainly marked.

26. Except in cases where all the hatch coverings of a ship are interchangeable, all hatch coverings shall be kept plainly marked to indicate the deck and hatch to which they belong and their position thereon.

Hatch coverings to be maintained in good condition.

27. All fore and aft beams and athwartship beams used for hatch covering and all hatch coverings shall be maintained in good condition.

Hand grips on hatch coverings.

28. Adequate hand grips shall be provided on all hatch coverings, having regard to their size and weight.

Hold ladders.

29. If the depth from the level of the deck to the bottom of the hold exceeds 5 feet, there shall be provided and maintained in good condition suitable and safe means of access by ladder from the deck to the bottom of the hold and by ladder, cleats or cups in the coaming.

Repairs, alterations. &c., required by Inspector.

30. (1) An Inspector may order any alteration or repairs to be made to any cargo gear that he considers necessary and the master or owner of the gear shall forthwith have the alteration or repairs carried out.

(2) An Inspector may prohibit the use of any cargo gear until the alterations or repairs have been executed to his satisfaction, and a master or owner shall not permit the cargo gear to be used during the time such prohibition is in force.

(3) An Inspector may forbid the use on a ship to which these Regulations apply, of cargo gear which has not been inspected and certified in accordance with these Regulations.

 

Deputy Director may vary requirements of the Regulations.

31. (1) Where it appears to a Deputy Director, on the report of an Inspector, that these Regulations insufficiently provide for the safety of persons engaged in loading or unloading a ship, he may, by writing under his hand, require the observance of such additional precautions as he considers necessary.

(2) Where it appears to a Deputy Director, on the report of an Inspector, that in connexion with the loading or unloading of any particular ship full compliance with the requirements of any of these Regulations is unnecessary, and that those requirements may be modified without danger to the persons engaged in loading or unloading, he may, on the written application of the owner, master or agent, by writing under his hand-permit of the modification of the requirements to the extent that, in his opinion, the circumstances of the case may warrant.

Qualified person to be in charge of engines and boilers.

32. Every steam engine and every boiler connected therewith and every internal combustion engine on a sea-going steamship or motor-ship registered in Australia or engaged in the coasting trade, while in use in connexion with the loading or unloading of the ship, shall be under the supervision of a duly certificated engineer or engine-driver, as the case requires, or, in the case of a ship carrying more than one engineer, of the chief engineer or an engineer instructed by him to undertake that duty:

Provided that this requirement shall not apply in regard to winches, windlasses or the like, forming part of the ship’s equipment, directly operated by internal combustion engines.

Penalty, on the master or owner: Twenty pounds.

 

Commonwealth of Australia.

(Seal.) Navigation Act 1912-1926.

Nav. (Loading and Form l.u.—1.

(Unloading;) Regs. REGISTER OF CARGO GEAR.

Part I.

Inspection and Examination of Derricks and Permanent Attachments (including Spans, Goosenecks and Bands) to Derricks, Masts and Decks.

If all above Gear is covered by one Inspection or Examination, state “All” in this column; if only a part is covered, specify the Part. Date of Last Annual Inspection. Date of Last Quadrennial Inspection.

——

Form. l.u.—1 (contd.)

REGISTER OF CARGO GEAR.

Part II.

Examination of Winches and Hoisting Appliances.

Distinguishing Marks or Description* of Winches or other hoisting Appliances examined. Date of Last Annual Examination.

*Winches and hoists may be described collectively—e.g., all winches of a certain type or all hoists within a defined area,

 

Form l.u.—1 (contd.)

REGISTER OF CARGO GEAR.

Part III.

Annealing of Chains, Rings, Hooks, Shackles, Swivels, &c.

Distinguishing Mark or Description of Article. Number of Certificate of Test and Examination. Date of Annealing. Remarks.

(1) (2) (3) (4)

Note.—This prescribed form of Register of Cargo Gear only is to be used. Registers of Cargo Gear may be obtained, price 3s., from the Superintendent, Mercantile Marine Office, at any principal port of the Commonwealth.

 

Commonwealth of Australia.

(Seal.) Navigation Act 1912-1926.

Nav. (Loading and  Form l.u.—2.

Unloading) Regs. CERTIFICATE.

of Test and Examination of Lifting Gear namely—Chains, Rings, Hooks, Shackles and Swivels, issued by private testing establishment.

Distinguishing Mark. (1) Description of Gear. (2) Number Tested. (3) Proof Load Applied. (4) Date Proof Load applied. (5) Safe Working Load. (6)

(7) Was the gear examined by a competent person after the application of the proof load and found to have withstood the load without deformation and to be free from cracks, flaws or other defects?

....................................................................................................................................................

(8) Name and address of makers or suppliers..........................................................................

....................................................................................................................................................

(9) Name and address of firm or person making the test and examination (see column (4), and item (7) above)....................................................................................................................................................

....................................................................................................................................................

I hereby certify that the above particulars are correct.

Signature…………......................

Date / /

N.B.—Chains of diameter not exceeding 1¾ in. rings, hooks, shackles, and swivels must be subjected to a proof load equal to twice the safe working load, and other chains to proof load equal to 1½ times the safe working load.

Note.—Prescribed form of certificate only is to be used. Forms may be obtained in blocks of 50, price 2s. 6d. net., from the Superintendent, Mercantile Marine Office, at any principal port of the Commonwealth.

 

Commonwealth of Australia. Form l.u.—3.

(Seal.) Navigation Act 1912-1926.

Nav. (Loading and

Unloading) Regs. CERTIFICATE.

of Test of Wire Rope issued by makers or by private testing establishment.

(1) Name and address of makers............................................................................................

....................................................................................................................................................

(2) (a) Size of rope in inches.................................................................................................

(b) Number of strands......................................................................................................

(c) Number of wires per strand..........................................................................................

(d) Lay............................................................................................................................

(3) Quality of wire (e.g., best plough steel).............................................................................

(4) (a) Breaking tensile load of sample of the rope..................................................................

(b) Date of test…………………………………………

(5) Safe working load, subject to any stated qualifying conditions, such as e.g., minimum pulley diameter, direct tensile load, &c............................................................................................................................

....................................................................................................................................................

(6) Name and address of firm or person making test................................................................

....................................................................................................................................................

I hereby certify that the above particulars are correct.

Signature....................................................

Date / /    .

Wire rope supplied to— To be used for—

....................................................  ..............................................

....................................................  ..............................................

Note.—Prescribed form of certificate only is to be used. Forms may be obtained in blocks of 50, price 2s. 6d. net., from the Superintendent, Mercantile Marine Office, at any principal port of the Commonwealth.

 

By Authority: H. J. Green, Government Printer, Canberra.