Marine and Safety (Emergency Procedures) Regulations 1997
I, the Governor in and over the State of Tasmania and its Dependencies in the Commonwealth of Australia, acting with the advice of the Executive Council, make the following regulations under the Marine and Safety Authority Act 1997 .
21 July 1997G. S. M. GREEN
Governor
By His Excellency's Command,
T. JOHN CLEARY
Minister for Transport
PART 1 - Preliminary
These regulations may be cited as the Marine and Safety (Emergency Procedures) Regulations 1997 .
These regulations take effect on 30 July 1997.
In these regulations –approved means approved by the Authority;crew means every person employed or engaged on a vessel other than the master and a pilot;surveyor means a surveyor authorised by the Authority for the purpose of these regulations;USL Code means the Uniform Shipping Laws Code as amended from time to time and adopted by the Australian Transport Council.
(1) Part 2 applies to any vessel exceeding 25 metres in length.(2) Part 3 applies to any vessel not exceeding 25 metres in length.(3) Part 4 applies to –(a) any vessel exceeding 25 metres in length; and(b) any vessel of less than 25 metres in length.(4) These regulations do not apply to –(a) any hire and drive vessel; or(b) any vessel used for the purpose of pleasure only; or(c) any vessel of Class 1A or Class 2A that complies with the requirements of the Commonwealth Marine Orders Part 29 (Emergency Procedures and Safety of Navigation).(5) Part 3 does not apply to a vessel if –(a) the only crew of the vessel is the master or coxswain; and(b) the master or coxswain of the vessel ensures that the lifesaving, firefighting and other emergency equipment is in working order and ready for immediate use.
PART 2 - Emergency procedures for vessels exceeding 25 metres
5. Allocation of emergency stations
(1) The master of a vessel must ensure that each crew member is allocated an emergency station and is properly informed of emergency station duties.Penalty: Fine not exceeding 5 penalty units.(2) If the number of persons on board a vessel, excluding passengers, exceeds 4, the master of the vessel must display an emergency station list in an approved form in a conspicuous position so as to be readily observed by all persons on the vessel.Penalty: Fine not exceeding 10 penalty units.(3) The master of the vessel must ensure that each cabin is given a number and, if there is more than one berth in a cabin, each berth is given a letter.(4) Crew member identification on the emergency station list is to be by name or designated capacity or in the case of berthed crew, the cabin number for single accommodation and the cabin number with berth letter as a suffix for multi-berth accommodation.(5) In the allocation of duties, the Authority may require the person nominated to have charge of a survival craft to possess the appropriate certificates.
6. Crew cabin emergency station notice
The master of a vessel must ensure that each crew berth has affixed to the head or side of the berth a notice with the following information:(a) the cabin number and berth letter if applicable;(b) the emergency station and emergency duty to be performed;(c) the emergency station signal;(d) the abandon ship signal.
7. Crew emergency practice procedures
Crew emergency practice procedures are to be conducted at least once a month in accordance with the applicable procedures specified in Part 2 and Schedule 1 of section 15 of the USL Code.
8. Passenger emergency procedures
(1) After completion of embarkation at any port or place and before departure from that port or place the master of a sea-going passenger vessel must ensure that passengers are informed of the location of passenger emergency procedure notices applicable to passengers.Penalty: Fine not exceeding 5 penalty units.(2) Any passenger emergency procedure notice applicable to passengers is to be –(a) in an approved form; and(b) located in conspicuous places throughout the passenger spaces as required by a surveyor.(3) The master of a vessel must ensure that –(a) sufficient conspicuous signs are displayed indicating the direction to and position of emergency stations; and(b) passenger emergency procedure notices, in the case of berthed passengers, are placed adjacent to the berth of each passenger.Penalty: Fine not exceeding 10 penalty units.(4) The master of a vessel must ensure that –(a) a notice showing how to don and secure lifejackets is displayed in every passenger cabin and in conspicuous places throughout the passenger spaces; and(b) these notices include information on how to adjust the lifejackets of children.Penalty: Fine not exceeding 10 penalty units.(5) When considered necessary by the Authority, demonstrations are to be given on the donning and securing of lifejackets.
(1) The master of a vessel must ensure that each passenger and crew member is allocated to a survival craft where applicable.(2) A survival craft list is to be in an approved form.(3) Passengers are to remain at their emergency stations during a survival craft drill, but may be dismissed at the discretion of the master.(4) The master of a vessel of Class 1B, 1C, 1D or 1E that is provided with a lifeboat must conduct lifeboat drill at least once every 2 months in accordance with the applicable procedure specified in Part 2 and Schedule 2 of section 15 of the USL Code.Penalty: Fine not exceeding 10 penalty units.(5) The master of a vessel of Class 2B, 2C, 2D, 2E, 3A, 3B, 3C, 3D or 3E that is provided with a lifeboat must conduct lifeboat drill at least once every 3 months in accordance with the applicable procedure specified in Part 2 and Schedule 2 of section 15 of the USL Code.(6) The master of a vessel must ensure that each lifeboat carried on the vessel is placed in the water with its crew at least once every 6 months.Penalty: Fine not exceeding 10 penalty units.(7) The master of a vessel of a class mentioned in subregulation (4) or (5) that does not carry a lifeboat, but which is provided with a rescue boat, must exercise the crew with that boat as if it were a lifeboat, except that the crew for the boat is not to exceed that which is normally used in rescue operations.Penalty: Fine not exceeding 10 penalty units.(8) The master of a vessel that carries a liferaft must ensure that –(a) any liferaft carried is ready for launching; and(b) the crew are familiar with the procedure for launching liferafts and their subsequent operation.Penalty: Fine not exceeding 10 penalty units.
(1) The master of a vessel must ensure that crew members are allocated special fire duties.Penalty: Fine not exceeding 5 penalty units.(2) Crew fire duties may be –(a) recorded on a crew fire duty list; or(b) at the discretion of the Authority, included with the emergency station list.(3) The master of a vessel of Class 1B, 1C, 1D or 1E must conduct a fire drill at least once every 2 months in accordance with the applicable procedure specified in Part 2 and Schedule 3 of section 15 of the USL Code.Penalty: Fine not exceeding 10 penalty units.(4) The master of a vessel of Class 2B, 2C, 2D, 2E, 3A or 3B must conduct a fire drill at least once every 3 months in accordance with the applicable procedure specified in Part 2 and Schedule 3 of section 15 of the USL Code.Penalty: Fine not exceeding 10 penalty units.
(1) The master of a vessel must ensure that crew members are allocated special collision duties.Penalty: Fine not exceeding 5 penalty units.(2) Special collision duties may be –(a) recorded on a crew collision duty list; or(b) at the discretion of the Authority, included with the emergency station list.(3) The master of a vessel of Class 1B, 1C, 1D or 1E must conduct a special collision drill at least once every 2 months in accordance with the applicable procedure specified in Part 2 and Schedule 4 of section 15 of the USL Code.Penalty: Fine not exceeding 10 penalty units.(4) The master of a vessel of Class 2B, 2C, 2D, 2E, 3A or 3B must conduct a special collision drill at least once every 3 months in accordance with the applicable procedure specified in Part 2 and Schedule 4 of section 15 of the USL Code.Penalty: Fine not exceeding 10 penalty units.
(1) The master of a vessel of Class 1B having a length in excess of 45 metres must –(a) drill those members of the crew assigned for special duties in connection with the assembly and use of rocket line throwing apparatus at any times the master thinks fit; and(b) hold practices with the apparatus within 7 days of the commencement of an agreement with a new crew and thereafter at least once every 3 months.Penalty: Fine not exceeding 5 penalty units.(2) The master of a vessel must not hold a drill for the use of rocket line throwing apparatus –(a) after the hours of daylight; or(b) in a port where the firing of the rocket may cause damage to property.Penalty: Fine not exceeding 5 penalty units.(3) Unless the master of a tanker or of a vessel carrying goods of an inflammable nature otherwise determines, rockets are not to be fired during a drill or practice with the rocket line throwing apparatus of the tanker or vessel.(4) This regulation does not authorise or require a practice with rocket line throwing apparatus that involves a contravention of any other law.
(1) The general signal to call the crew and passengers to their emergency stations is a signal consisting of a succession of not less than 7 short blasts followed by one long blast given on the vessel's whistle or siren and may be supplemented by –(a) an identical signal on the vessel's general alarm bell system; and(b) warnings given on the vessel's public address system.(2) If the crew are to carry out a drill, the general emergency signal is to be used to call the crew to their emergency stations.(3) The master of a vessel is to direct the crew to carry out a specific drill by any appropriate method.(4) The signal to inform the crew and passengers that the vessel is to be abandoned is a signal consisting of a short blast followed by a long blast given on the vessel's whistle or siren at least 3 times in succession and may be supplemented by –(a) an identical signal on the vessel's general alarm bell system; and(b) a warning given on the vessel's public address system.(5) If a vessel is to be abandoned, the master of the vessel must ensure that all crew working below deck or in other parts of the ship distant from survival craft are effectively warned –(a) by all means available; and(b) in sufficient time to allow the crew to reach the survival craft.Penalty: Fine not exceeding 50 penalty units.(6) If possible, the master of a vessel must ensure that the engine-room controls are placed on "Finished with Engines" before giving the signal to abandon the vessel.(7) The master of a vessel is to stop the bridge control engines.(8) If, for the purpose of practice drills and in the opinion of the master of a vessel, the blowing of the whistle or siren of the vessel would constitute a nuisance outside the vessel, the general emergency signal may be made –(a) on the vessel's general alarm bell system; or(b) on the vessel's public address system; or(c) by hand blown whistles.
14. Official log book and vessel record book
(1) The master of a vessel must ensure that an entry following any emergency practice or drill giving details of the practice or drill is made –(a) in the vessel's official log book; or(b) if an official log book is not maintained, in the vessel's record book.Penalty: Fine not exceeding 5 penalty units.(2) If a practice or drill is not held when required, the master of the vessel is to ensure that an entry is made in the official log book or record book giving reasons for the omission.Penalty: Fine not exceeding 5 penalty units.(3) The master of a vessel of Class 1B, 1C, 2B or 2C must ensure that a crew list in an approved form is maintained –(a) on board the vessel; and(b) at a place required by the Authority.Penalty: Fine not exceeding 5 penalty units.(4) If a new crew list is made or any change made in an existing crew list, the employer or the employer's agent, within 2 days after the making of the new list or the making of the change, must deliver to a place required by the Authority a copy of the new list or a list of the change made.Penalty: Fine not exceeding 5 penalty units.(5) The master of a vessel, the employer or their agent, within 2 days after a crew list ceases to apply to a vessel, must deliver the list to a place required by the Authority.Penalty: Fine not exceeding 5 penalty units.(6) A master of a vessel, on demand, must produce to the Authority the list of crew that is required to be kept on board the vessel.Penalty: Fine not exceeding 5 penalty units.(7) An official log book and a record book is to be kept in an approved manner.
(1) The master of a vessel of Class 3A, 3B or 3C vessel must ensure that a list of all persons on board is left ashore so that it is readily available to the Authority in the case of an emergency.Penalty: Fine not exceeding 5 penalty units.(2) A list is to contain –(a) the name and registered number of the vessel; and(b) the name and address of each person on board the vessel.
PART 3 - Emergency procedures for vessels not exceeding 25 metres
The master of a vessel must ensure that each crew member and passenger on joining the vessel is properly informed of emergency procedures.Penalty: Fine not exceeding 5 penalty units.
(1) The master of a vessel of Class 1B, 1C, 1D or 1E must ensure that –(a) notices are displayed to the satisfaction of a surveyor in conspicuous places throughout the passenger accommodation showing how to don and secure lifejackets; and(b) these notices include information on how to adjust the lifejackets of children.Penalty: Fine not exceeding 5 penalty units.(2) The master of a vessel of Class 1B, 1C, 1D or 1E that is provided with a lifeboat must conduct lifeboat drill at least once every 2 months in accordance with the applicable procedure specified in Part 2 of section 15 of the USL Code.Penalty: Fine not exceeding 10 penalty units.(3) The master of a vessel that carries a rescue boat or liferaft must ensure that –(a) the rescue boat or liferaft is ready for launching; and(b) the crew are familiar with the procedure for launching such lifesaving appliances and their subsequent operation.Penalty: Fine not exceeding 10 penalty units.
18. Instruction in use of fire fighting appliances
(1) The master of a vessel must ensure that the crew are properly instructed in, and familiar with, the use of all fire fighting appliances provided in the vessel.Penalty: Fine not exceeding 10 penalty units.(2) A master of a vessel must –(a) ensure that every fire hydrant, fire pump and hose is tested at least once every 2 months; and(b) if a record of such a test is not maintained and if required by a surveyor, demonstrate to a surveyor that the equipment is in working order and sufficient for the purpose intended.Penalty: Fine not exceeding 5 penalty units.
19. Instruction in damage control drill
The master of a vessel must ensure that the crew are familiar with the action to be taken in the case of a collision.Penalty: Fine not exceeding 5 penalty units.
(1) The master of a vessel of Class 1B, 1C, 2B, 2C, 3B or 3C must ensure that a list of all persons on board is left ashore so that it is readily available to the Authority in the case of an emergency.Penalty: Fine not exceeding 10 penalty units.(2) The list is to contain –(a) the name and registered number of the vessel; and(b) the name and address of each person on board the vessel.
PART 4 - Safety of navigation
The master of a vessel must ensure that an automatic pilot in the vessel is operated in accordance with the applicable procedures specified in Part 3 of section 15 of the USL Code.Penalty: Fine not exceeding 5 penalty units.
22. Operation and testing of steering gear
The master of a vessel must ensure that the vessel's steering gear is operated and tested in accordance with the applicable procedures specified in Part 3 of section 15 of the USL Code.Penalty: Fine not exceeding 5 penalty units.
(1) The master of a vessel that –(a) meets with dangerous ice, a derelict vessel or any other direct danger to navigation; or(b) meets with a storm; or(c) encounters sub-freezing air temperatures associated with gale force winds causing severe ice accretion on superstructures; or(d) encounters winds over 50 knots for which no storm warning has been received –must communicate the information by all available means to –(e) vessels in the vicinity; and(f) the competent authorities at the first point on the coast with which the master is able to communicate.(2) A message sent under subregulation (1) is to be –(a) transmitted in plain language; and(b) broadcast to all vessels in the vicinity; and(c) sent to the first point on the coast to which communications can be made with a request that it be transmitted to any appropriate authority.(3) The Authority is to take all steps necessary to ensure that information received under this regulation is promptly brought to the knowledge of those concerned.(4) The information required to be given in a message under this regulation is to be in accordance with the applicable provision of Part 3 of section 15 of the USL Code.
The master of a vessel while travelling at night must –(a) proceed at a moderate speed; and(b) alter course so as to clear any danger zone if ice is reported on or near that course.Penalty: Fine not exceeding 5 penalty units.
The master of a vessel must follow the practices and routes adopted to –(a) separate traffic; and(b) avoid passage through areas designated as areas to be avoided by vessels; and(c) avoid unsafe conditions.Penalty: Fine not exceeding 10 penalty units.
The master of a vessel, on receiving a signal from any source that a vessel, aircraft or survival craft is in distress, is to follow the applicable procedures specified in Part 3 of section 15 of the USL Code.Penalty: Fine not exceeding 20 penalty units.
PART 5 - Miscellaneous
(1) The owner of a vessel exceeding 25 metres in length must supply a copy of these regulations –(a) to the master; and(b) in the case of a passenger vessel of Class 1 to every officer or other person who is directly responsible to the master for a department of the vessel.Penalty: Fine not exceeding 5 penalty units.(2) A person who is supplied with a copy of these regulations must –(a) become conversant with these regulations; and(b) take all necessary measures to ensure that every member of the crew who is directly under the person's control is instructed in the duties to be performed in the event of an emergency.Penalty: Fine not exceeding 5 penalty units.
The Authority may exempt a vessel or class of vessels from the operation of any provision of these regulations.
29. False and misleading statements
A person, in making an entry in any book, list or log under these regulations, must not –(a) make a statement knowing it to be false or misleading; or(b) omit any matter from a statement knowing that without that matter the statement is misleading.Penalty: Fine not exceeding 10 penalty units.
A person must not fail to comply with or contravene a provision of the USL Code applicable to that person.Penalty: Fine not exceeding 20 penalty units.
The Marine (Emergency Procedures and Safety of Navigation) Regulations 1985 (Statutory Rules 1985, No. 132) are rescinded.
These regulations cease to take effect on 31 December 1999.
Displayed and numbered in accordance with the Rules Publication Act 1953.
Notified in the Gazette on 30 July 1997
These regulations are administered in the Department of Transport.