Marine Orders - Part 28: Operations standards and procedures, Issue 3 (Order No. 4 of 2009)

MARINE ORDERS

Part 28

Operations standards and

procedures

Issue 3

Compilation No. 1

This compilation was prepared on 1 April 2010 taking into account amendments up to Marine Orders Part 28: Operations standards and procedures, Issue 3 (Amendment) (Order No. 2 of 2010).

     Prepared by the Australian Maritime Safety Authority, Canberra.

Table of contents

1 Purpose and power

2 Definitions of words and phrases used in this Part

3 Interpretation

4 Application

5 Responsibilities of companies, masters and crew members

6 Fitness for duty

7 Watchkeeping 

Previous issues

Issue 1, Order No 6 of 1984

Issue 2, Order No 9 of 1997

Issue 3, Order No 4 of 2009

—Amended by Order No 2 of 2010

1  Purpose and power

1.1  Purpose

This Part makes provision for the safe navigation and operation of ships by giving effect to:

(a) the STCW Convention:

(i) Regulation I/14;

(ii) Regulation VIII/1; and

(iii) Regulation VIII/2.

(b)  the STCW Code:

(i) Section A–I/14;

(ii) Section A–VIII/1;

(iii) Section A–VIII/2;

(iv) Section B–I/14; and

(v) Section B–VIII/2.

1.2  Power

1.2.1 Subsection 15(1A) of the Navigation Act provides that the regulations may give effect to the                             STCW Convention.

1.2.2 Paragraph 425(1)(db) of the Navigation Act provides that the regulations may make                              provision for the safe navigation and operation of ships.

1.2.3 Subsection 425(1) of the Navigation Act provides for regulations to be made prescribing                              matters required or permitted to be prescribed or which are necessary or convenient to be                                           prescribed for carrying out or giving effect to the Act.

1.2.4 Subsection 425(1AA) of the Navigation Act provides that AMSA may make orders with                              respect to certain matters for or in relation to which provision may be made by regulation.

2  Definitions of words and phrases used in this Part

 AMSA means the Australian Maritime Safety Authority established by the Australian  Maritime Safety Authority Act 1990;

 Company means the owner of the ship or any other organisation or person such as the  manager, or the bareboat charterer, who has assumed the responsibility for operation of the ship               from the shipowner and who, on assuming such responsibility, has agreed to take over all the               duties and responsibilities imposed on the company by these orders;

 IMO means the International Maritime Organization;

 Navigation Act means the Navigation Act 1912;

 penal provision means a penal provision for the purposes of Regulation 4 of the Navigation  (Orders) Regulations 1980;

Note  Subregulation 4(1) of the Navigation (Orders) Regulations provides that a person who fails to comply with a

provision of an order made under subsection 425(1AA) of the Navigation Act that is expressed to be a penal

provision is guilty of an offence and is punishable by a fine not exceeding 50 penalty units. The maximum penalty

that a court may impose on a body corporate that fails to comply with a penal provision is 250 penalty units.

 STCW Code means the Seafarers’ Training, Certification and Watchkeeping (STCW) Code as               adopted by the 1995 Conference of Parties to the Convention as Resolution 2;

 STCW Convention has the same meaning as in the Navigation Act.

3  Interpretation

3.1  In this part unless otherwise provided or unless the context otherwise requires, words or phrases               have the same meaning as they have in the STCW Convention or the STCW Code.

3.2  In this Part:

(a)  headings and sub-headings are part of this Part; and

(b)  a note is not part of the Part, but may provide additional information or guidance in applying the Part.

4  Application

4.1  This Part applies to a ship to which Part II of the Navigation Act applies.

4.2  Provision 7, to the extent that it deals with watchkeeping arrangements and principles to be                 observed on board a ship in port, also applies to any other ship while in an Australian port.

5  Responsibilities of companies, masters and crew members

5.1  General

Companies, masters and crew members each have responsibility for ensuring that the obligations set out in paragraph 1 of Section A – I/14 of the STCW Code are given full and complete effect.

5.2 Companies

5.2.1 Each Company is responsible for the assignment of seafarers for service in its ships, and                              every Company must ensure that:  

  (a) each seafarer assigned to any of its ships holds an appropriate certificate in                                            accordance with the provisions of Marine Orders, Part 3 (Seagoing Qualifications);

  (b)  its ships are manned in compliance with the safe manning document issued to the                                            ship;

  (c)  documentation and data relevant to all seafarers employed on its ships are                                             maintained and readily accessible, and include, without being limited                                                                       to, documentation and data on their experience, training, medical                                                                                     fitness and competency in assigned duties;

  (d)  seafarers on being assigned to any of its ships are familiarised with their specific                                            duties and with all ship arrangements, installations, equipment, procedures and                                                         ship characteristics that are relevant to their routine or emergency duties; and

  (e)  the ship's complement can effectively co-ordinate their activities in an emergency                                            situation and in performing functions vital to safety or to the prevention or                                                         mitigation of pollution.

   This is a penal provision.

5.2.2 A Company must provide written instructions to the master of each ship in accordance with                             paragraph 2 of Section A – I/14 of the STCW Code.

 This is a penal provision.

5.3 The Master

The master of a ship should act in accordance with paragraph 2 of Section B – I/14 of the STCW Code.

5.4 The Crew

Seafarers who are newly assigned to a ship should act in accordance with paragraph 3 of Section B–I/14 of the STCW Code.

6  Fitness for Duty

6.1 Responsibility of the Company

A company must act in accordance with Section A-VIII/1 of the STCW Code.

 This is a penal provision.

6.2 Minimum Rest Periods

6.2.1 All persons who are assigned duty as officer in charge of a watch or as a rating forming part                             of a watch must be provided a minimum of 10 hours rest period in any 24-hour period.

6.2.2 The hours of rest may be divided into no more than two periods, one of which must be at                              least six hours in length.

6.2.3 The requirements of 6.2.1 and 6.2.2 need not be maintained in the case of an emergency or                             drill or in any other overriding operational conditions.

Note Overriding operational conditions means essential shipboard work that cannot be delayed for safety or environmental reasons or which could not reasonably have been anticipated at the commencement of the voyage.

6.2.4 Notwithstanding 6.2.1 and 6.2.2, the minimum period of ten hours may be reduced to not                              less than 6 consecutive hours provided that any such reduction must not extend beyond two                             days and not less than 70 hours of rest are provided each seven day period.

 Note  In applying Provision 6, the following should be taken into account:

• Provisions made to prevent fatigue should ensure that excessive or unreasonable overall working hours are not undertaken.  In particular, the minimum rest periods should not be interpreted as implying that all other hours may be devoted to watchkeeping or other duties.
• The frequency and length of leave periods, and the granting of compensatory leave, are material factors in preventing fatigue from building up over a period of time.
• The provisions may be varied for ships on short sea voyages, provided special safety arrangements are put in place.

 Although there is no universally accepted technical definition of fatigue, everyone involved in ship operations  should be alert to the factors that can contribute to fatigue, including, but not limited to, those identified in IMO               Resolution A.772(18).

6.2.5 A company must ensure that watch schedules are posted in areas easily accessible by the                              crew.

 This is a penal provision.

6.2.6 A company must arrange for records to be maintained of hours of work and rest in relation                             to watchkeeping duties.  

6.2.7 For the purposes of 6.2.6, records of hours and rest in relation to watchkeeping duties                              must be available for inspection for a period of no less than 12 months from the date the                                           watchkeeping duties took place.  

7  Watchkeeping

7.1  Watchkeeping arrangements and principles to be observed

Companies, masters and persons engaged on watchkeeping duties must observe the standards regarding watchkeeping set out in Section A–VIII/2, taking into account the guidance provided under Section B-VIII/2 of the STCW Code, with the exception of Part 5 of Section B –VIII/2 as appropriate.

Note  To assist seafarers AMSA has reproduced the relevant text of Chapter VIII of Section A and B of the STCW Code – Information for seafarers regarding watchkeeping standards. It is available on the AMSA website at www.amsa.gov.au.

7.2  Master to Ensure Adequate Arrangements

A master of a ship must ensure watchkeeping arrangements are in accordance with sub-paragraphs 1 to 4 of paragraph 2 of Regulation VIII/2 of the STCW Convention.

7.3 Ships with propulsion power equal to or greater than 750kW

A master of a ship must ensure that a ship in port with propulsion power equal to or greater than 750kW maintains an Officer in charge of the Engineering Watch at all times.

Note  7.3 prevails over Paragraph 95 of the STCW Code.  Paragraph 95 of the STCW Code grants a master of a ship a discretion under sub-paragraph 2, whereby a master may choose not to maintain an officer in charge of the engineering watch while in Port in relation to vessels of less than 3000kW propulsion power. It should be noted that ships in an Australian Port must act in accordance with 7.3 whereby a ship with propulsion power equal to or greater than 750kW must maintain an Officer in charge of the Engineering Watch at all times.

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Notes to Marine Orders Part 28: Operations, standards and procedures, Issue 3

Note 1

Marine Orders Part 28: Operations, standards and procedures Issue 3 (in force under the Navigation Act 1912) as shown in this compilation comprise Order No. 4 of 2009 amended as indicated in the Tables below.

Table of Instruments

Table Of Amendments

ad. = added or inserted  am. = amended  rep. = repealed  rs. = repealed and substituted