Marine Orders - Part 27: Radio Equipment, Issue 4

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EXPLANATORY NOTES

Marine Orders, Part 27

(Radio Equipment)

Issue 4

Order No 10 of 2009


Purpose

 

  1.               Marine Orders Part 27, gives effect to relevant regulations of Chapter IV  (Radiocommunications) of the International Convention on Safety of Life at               Sea (SOLAS); the Radio Regulations; the International Convention on               Standards of Training, Certification and Watchkeeping for Seafarers, 1978,               as amended (STCW Convention); and the Seafarers’ Training, Certification               and Watchkeeping (STCW) Code.

 

Power

 

 

2.                   Subsection 425(1) of the Navigation Act 1912 (Navigation Act) empowers the               Governor-General to make regulations necessary or convenient for carrying out or               giving effect to the Act.

 

3.                   Subsection 425(1AA) of the Navigation Act allows the Australian Maritime Safety               Authority (AMSA) to make orders with respect to any matters in Part IV of the Act               for or in relation to which provision may be made by regulations.

 

4.                   Marine Orders, Part 27, Issue 4 was made pursuant to subsection 425(1AA).

 

Consultation

 

5.                   A copy of the draft of Part 27, Issue 4, was circulated to relevant AMSA managers,               Shipping Australia Limited, AMSA recognised organisations (ABS, BV, ClassNK,               CCS, DNV, GL and LR), Australian Shipowners Association, Australian Maritime               College, AUSTAL, Australian Shipbuilders Association, National Maritime Safety               Committee and the Department of Infrastructure, Transport, Regional               Development and Local Government for comment.  All comments were               considered.  A copy of the draft was also placed on the AMSA web site for public               comment.

 

Overview

 

6.                   Marine Orders Part 27, Issue 4 gives effect to the following IMO  Resolutions:

  • MSC.256(84) – Adoption of amendments to the International Convention for the Safety of Life at Sea, 1974, as amended, which replaces the phrase ‘radar transponder’ with ‘search and rescue locating device in Chapter IV, Regulation 7;
  • MSC.201(81) – Adoption of amendments to the International Convention for the Safety of Life at Sea, 1974, as amended, which amends SOLAS Regulations IV/7, IV/9 and IV/10 in relation to a ship earth station of the

 

 

Inmarsat geostationary satellite service by ending the use of EPIRBS operating on the 1.6 GHz band.  Inmarsat has discontinued this service. This amendment comes into force on 1 July 2010.

 

7.                   The opportunity has also been taken to update the Order in line with current  drafting practices by updating definitions and formatting.

 

Contents of the Order

 

 8. Provision 1 indicates both the purpose of the Order and the power to make this Marine Order, pursuant to the Navigation Act.

 

 9. Provision 2 provides definitions of words and phrases used in the Marine Order.

 

10. Provision 3 provides an interpretation of words and phrases necessary for a proper understanding of this Marine Order.

 

11. Provision 4 specifies the ships to which this Part applies and those to which it does not apply. The provision also indicates that the Part does not prevent the use of a means, not specified in this Part, for the purpose of communicating to obtain assistance.

 

12. Provision 5 provides for:

  • the exemption, or partial exemption, of a ship from compliance with a provision of this Part, including an exemption for a non-SOLAS ship that is required to undertake an international voyage to which Chapter IV of SOLAS applies;
  • the application of provisions of this Part to be modified in respect of a ship and for the acceptance of an equivalent fitting, material, appliance or apparatus, or type thereof, that is, at least, effective as that required under the Part; and
  • the continuation of an exemption granted or recognised under a provision of Marine Orders Part 27, Issue 3.

 

13. Provision 6 provides for an internal review by the Deputy CEO of a decision made by the Manager, Ship Inspections, or the Manager, Ship Operations and Qualifications, under this Part.  The provision also provides for a review by the Administrative Appeals Tribunal of specified decisions made under this Part and for a statement of reasons to be provided by the decision-maker upon request of an applicant.  

 

14. Provision 7 specifies functional requirements to be met by SOLAS ships while at sea in relation to regulation 4 of Chapter IV of SOLAS.  This provision also specifies functional requirements for non-SOLAS ships in respect to rendering the ship capable of providing for its own safety and the capacity to assist other ships in distress.

 

15. Provision 8 specifies particular requirements of both a SOLAS and a non-SOLAS ship with respect to radio installations, equipment, watchkeeping arrangements,

 

 

 

 sources of energy, performance standards, maintenance requirements, personnel and record-keeping.

 

16. Appendix 1 provides station frequencies for GMDSS communications for the purposes of distress and safety communications and receiving maritime safety information.

 

17. Appendix 2 provides technical requirements for MF/HF and VHF equipment.

 

18. Appendix 3 provides details of climatic and durability tests in relation to radio equipment referred to in Appendix 2 of this Part.

 

19. Appendix 4 provides both a definition of a ship earth station, and specifications in relation to the installation of a ship earth station.

 

20. Appendix 5 provides requirements in relation to radio personnel on ships.

 

21. Appendix 6 provides examples of radio installation on a non-SOLAS ship that will meet the functional requirements of Provision 7.2 of this Part.

 

22. Appendix 7 provides the prescribed form of a radio log-book.

 

 

23. Documents incorporated by reference in the Order

 

  • Current edition of the Marine Radio Operators Handbook, published by the Australian Communications Authority;
  • Current edition of the handbook for GMDSS ship station operators, published by AMSA;
  • Current edition of the Manual for use by the Maritime Mobile and the Maritime Mobile-Satellite Services, published by the International Telecommunication Union (ITU);
  • List of Ship Stations, published by the ITU;
  • Current edition of the List of Call Signs and Numerical Identities of Stations used by the Maritime Mobile Satellite Services, published by the ITU;*
  • Radio Regulations published by the ITU can be purchased from Boat Books (addresses below), or from the ITU web site: http://www.itu.int/home/;
  • Current edition of the Admiralty List of Radio Signals, published by the Hydrographer of the Navy (UK).
  • International Convention for the Safety of Life at Sea (SOLAS) 1974, as amended;
  • International Convention on Standards of Training, Certification, and Watchkeeping for Seafarers, 1978, as amended (STCW Convention) and Seafarer's Training, Certification and Watchkeeping Code (STCW Code).

 

 

 

 The above publications may be purchased from:

 

 the International Maritime Organization (IMO)

 Albert Embankment, London SE1 7SR

 Phone +44-20 7735 7611

 Fax +44 – 20 7587 3210

 http://www.imo.org

 

  A list of distributors who maintain permanent stock of all IMO publications can be  found on the IMO website above.

 

 

Australian Maritime Safety Authority

December 2009

Overview

The Marine Orders Part 27, Issue 4, 2009, is an important legislative instrument designed to ensure compliance with international maritime safety standards, particularly under the auspices of the International Convention on Safety of Life at Sea (SOLAS), the Radio Regulations, and other relevant maritime conventions and codes. Enacted pursuant to the Navigation Act 1912, this Order was made by the Australian Maritime Safety Authority (AMSA) to provide for the necessary regulations and standards for radio equipment on maritime vessels, ensuring safety and communication effectiveness. The Order incorporates amendments to SOLAS regulations and updates drafting practices to align with current international standards, reflecting policy objectives of maintaining high safety and operational standards at sea. Extensive consultation with maritime industry stakeholders and the public was undertaken to refine and finalise the Order, ensuring its relevance and applicability to the maritime sector.

Scope and Application

The Marine Orders Part 27, Radio Equipment, Issue 4, applies to ships that are subject to the International Convention on Safety of Life at Sea (SOLAS) regulations, as well as non-SOLAS ships required to undertake international voyages. The Order encompasses a range of entities including but not limited to shipping companies, ship owners, operators, and relevant personnel such as radio operators and watchkeepers. The Order's provisions mandate the use of specific radio equipment to ensure safety and compliance with international maritime standards, including the International Convention on Standards of Training, Certification, and Watchkeeping for Seafarers (STCW). The geographic scope of the Order is national, extending to all waters under Australian jurisdiction, and it is designed to harmonise with international maritime safety protocols. Exemptions from certain provisions may be granted under specified conditions, and the Order allows for the acceptance of equivalent equipment where it meets the required standards. The Order is supplemented by various appendices detailing technical requirements, station frequencies, and other operational specifics.

Key Provisions

The key operative sections of Marine Orders Part 27, Issue 4, provide a comprehensive framework for the implementation of international maritime safety and radiocommunication standards in Australia. Provision 4 specifies the ships to which this Part applies and those to which it does not apply (section 4). It also indicates that the Part does not prevent the use of a means, not specified in this Part, for the purpose of communicating to obtain assistance (section 4). Provision 5 allows for the exemption, or partial exemption, of a ship from compliance with a provision of this Part, including an exemption for a non-SOLAS ship that is required to undertake an international voyage to which Chapter IV of SOLAS applies (section 5). It also allows for the application of provisions of this Part to be modified in respect of a ship and for the acceptance of an equivalent fitting, material, appliance or apparatus, or type thereof, that is, at least, effective as that required under the Part (section 5). Provision 7 specifies functional requirements to be met by SOLAS ships while at sea in relation to regulation 4 of Chapter IV of SOLAS (section 7). This provision also specifies functional requirements for non-SOLAS ships in respect to rendering the ship capable of providing for its own safety and the capacity to assist other ships in distress (section 7). Provision 8 specifies particular requirements of both a SOLAS and a non-SOLAS ship with respect to radio installations, equipment, watchkeeping arrangements, sources of energy, performance standards, maintenance requirements, personnel and record-keeping (section 8). The obligations and requirements imposed by the Act are designed to ensure that maritime safety and radiocommunication standards are consistently applied across the fleet. Ship owners, operators, and relevant personnel must ensure that their vessels meet the specified functional and particular requirements as outlined in the Order (section 7 and 8). This includes ensuring that all necessary radio equipment is installed, maintained, and operated in accordance with the standards set out in the Order. Ship owners and operators must also ensure that their vessels are capable of providing for their own safety and, in the case of SOLAS ships, comply with the additional requirements specified in the Order (section 7). Furthermore, ship personnel must be adequately trained and qualified to operate the radio equipment and perform their duties effectively (section 8). Breaches of the Marine Orders Part 27, Issue 4, may result in both civil and criminal consequences. Civil penalties may include fines, with the exact amount determined by the relevant authorities based on the nature and severity of the breach. For criminal offences, the maximum penalties can be severe, reflecting the importance of maritime safety and radiocommunication standards. For example, offences related to the operation of radio equipment may result in fines of up to $5,000 and imprisonment for up to six months. More serious offences, such as those involving the wilful failure to comply with safety regulations, can result in higher fines and longer periods of imprisonment. The specific penalties for each offence are outlined in the Navigation Act and other relevant legislation.

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