Abstract
This Marine Steering Be aware explains the Service provider Transport (Extra Security Measures for Bulk Carriers) Rules 2022 (SI 2022/1218) (“the Rules”), which implement updates to Chapter XII of the Worldwide Conference for the Security of Life at Sea 1974 (SOLAS) into UK legislation.
The Rules revoke and change the Service provider Transport Extra Security Measures for Bulk Carriers) Rules 1999 (SI 1999/1644) (which had been amended by SI 2004/2151 and SI 2018/1221).
Sure future amendments to the references to SOLAS Chapter XII within the Rules will likely be included into UK legislation by way of the supply of an ambulatory reference provision within the Rules.
1. Introduction/background
1.1 Following the sinking of the MV Derbyshire in 1980 with the lack of 44 lives, there was a transfer to enhance security requirements for bulk carriers and the seafarers who work on them. This course of was initiated by the Worldwide Maritime Group (IMO) with the addition of Chapter XII to the Worldwide Conference for the Security of Life at Sea 1974 (SOLAS), “Extra Security Measures for Bulk Carriers”, which was carried out into UK legislation in 1999 by the Service provider Transport (Extra Security Measures for Bulk Carriers) Rules 1999 (SI 1999/1644) (“the 1999 Rules”).
1.2 The 1999 Rules had been additional amended in 2004 by SI 2004/2151 with a purpose to implement additional IMO updating resolutions and once more in 2018 by SI 2018/1221 to make minor amendments regarding the UK’s exit from the EU. Updates to Chapter XII have been agreed within the IMO to enhance additional the security requirements for bulk carriers, which the UK supported throughout IMO discussions.
1.3 4 resolutions[footnote 1]comprise modifications that both amend or are made necessary by reference to them in Chapter XII. The opposite modifications relate to the requirements for protecting coatings of bulk carriers throughout development in regulation 3-2 of Chapter II-1 of SOLAS (development: construction, subdivisions and stability, equipment and electrical installations)[footnote 2].
1.4 As a signatory to SOLAS, the UK is obliged to implement these modifications. In so doing, it would present a safer surroundings for seafarers, and house owners and operators of bulk carriers. The 1999 Rules and the amending provisions have been revoked and changed with the Service provider Transport (Extra Security Measures for Bulk Carriers) 2022 (SI 2022/1218) (“the Rules”) with a purpose to implement the updates for bulk carriers in SOLAS. The updates to regulation 3-2 of Chapter II-1 will likely be contained in new laws changing the prevailing laws that implements Chapter II-1 and also will be topic to separate steerage.
1.5 The Rules embrace an ambulatory reference provision to permit additional updates and modifications to the provisions of SOLAS Chapter XII which might be referred to within the Rules to be given direct impact in UK legislation, with out the necessity for extra secondary home UK laws to deliver them into pressure. The ambulatory reference provision additionally applies to references to the laws in Chapters II-1 and VI of SOLAS, the ESP Code (see paragraph 3.1 beneath) and the Worldwide Administration Code for the Protected Operation of Ships and for Air pollution Prevention (ISM Code).
2. Software
2.1 The Rules apply to sea-going bulk carriers of 500GT or over which might be UK bulk-carriers (wherever they might be), or any non-UK bulk carriers whereas they’re in UK waters. A pressure majeure provision can also be included within the Rules.
3. Surveys of bulk carriers
3.1 Surveys of bulk carriers constructed on or after 1st July 1999 should be carried out in accordance with the Worldwide Code on the Enhanced Programme of Inspections throughout Surveys of Bulk Carriers and Oil Tankers, 2011 (ESP Code).
3.2 The next vessels should adjust to the upkeep necessities in SOLAS Chapter II-1, regulation 3-1 (as required by regulation 8(2)(a) within the Rules):
(a) bulk carriers constructed on or after 1st July 1999;
(b) bulk carriers constructed earlier than 1st July 1999 that are 150 metres or extra in size and of single-side pores and skin development.
3.3 Bulk carriers should adjust to the requirements for house owners’ inspection and upkeep of hatch covers in MSC.169(79) Annex 2. This may assist guarantee correct operation and effectivity of hatch covers. Inspection and upkeep will assist protect structural energy of hatch covers and cut back put on charges.
3.4 Bulk carriers constructed earlier than 1st July 1999 and that are 150 metres or extra in size and of single-side pores and skin development should make sure that, if they’re to hold stable bulk cargo with a density of 1780kg/m3 or above, that both a renewal or intermediate survey is carried out in accordance with the ESP Code or {that a} survey of all cargo holds is carried out to the identical extent as required within the ESP Code. If this isn’t complied with, then the majority service should not carry stable bulk cargo of 1780kg/m3 or above.
4. Injury Stability Necessities Relevant to Bulk Carriers
4.1 Bulk carriers should adjust to the necessities relevant to that vessel in regulation 4 of SOLAS Chapter XII. This consists of bulk carriers of single-side pores and skin development designed to hold stable bulk cargoes with a density of 1000kg/m3 and above constructed on or after 1st July 1999, bulk carriers constructed on or after 1st July 2006 of double-side pores and skin development and designed to hold stable bulk cargoes with a density of 1000kg/m3 and above, and bulk carriers constructed earlier than 1st July 1999 of single-side pores and skin development and which carry stable bulk cargoes with a density of 1780kg/m3 and above.
4.2 Bulk carriers with B-60 or B-100 freeboards are topic to an equal injury survivability examine in accordance with the1966 Worldwide Conference on Load Strains, and present ships of such varieties are deemed to adjust to the necessities. Overseas flagged ships could, as an alternative, have been assigned a diminished freeboard in compliance with both Decision A.320(IX)/Decision A.514(13) or Regulation 27(8) of Annex B of the 1988 Protocol to the Worldwide Conference on Load Strains, 1966. Both of those may additionally be accepted as complying with the required requirements.
5. Structural Power of Bulk Carriers
5.1 Bulk carriers of single-side pores and skin development of 150m in size and over constructed on or after 1st July 1999, or bulk carriers of double-side pores and skin development of 150m in size and over constructed on or after 1st July 2006 and designed to hold stable bulk cargoes with a density of 1000kg/m3 and above, should have ample energy to resist flooding of anyone cargo maintain to the water degree outdoors of the ship. This will even take into consideration the potential instability attributable to such water within the maintain.
5.2 Structural requirements bulkheads, double bottoms and longitudinal energy are outlined by IACS Unified Necessities and are referenced in an IMO Convention decision (decision 3 of the 1997 SOLAS Convention).
6. Structural and Different Necessities for Bulk Carriers
6.1 Bulk carriers of 150 metres in size or extra constructed earlier than 1st July 1999, that are of single-side pores and skin development and which carry stable bulk cargoes with a density of 1780kg/m3 and above, should adjust to regulation 6 of SOLAS Chapter XII.
6.2 For vessels to which paragraph 6.1 is relevant, in contemplating whether or not the transverse watertight bulkhead or double backside wants strengthening, the restrictions outlined in paragraph 6.1.2 of SOLAS Chapter XII could also be taken into consideration and should be complied with each time the vessel is carrying stable bulk cargoes with a density of 1780kg/m3.
6.3 Bulk carriers of 150 metres or extra in size constructed on or after 1st July 2006 with double side-skin development should adjust to the relevant necessities in paragraphs 2 and three of regulation 6 of SOLAS Chapter XII.
6.4 Bulk carriers of 150 metres or extra in size constructed on or after 1st July 2006, and people carrying stable bulk cargoes with a density of 1000kg/m3 or extra, should additionally adjust to the relevant necessities in paragraph 4 of regulation 6 of SOLAS Chapter XII (Structural and Different Necessities for Bulk Carriers).
7. Data on Compliance with Necessities for Bulk Carriers
7.1 For bulk carriers carrying a booklet required by regulation 7.2 of SOLAS Chapter VI (loading, unloading and stowage of stable bulk cargoes), the booklet should be endorsed by the Certifying Authority to verify that the related and relevant necessities within the Rules for the vessel have been complied with (laws 10 and 11 (surveys), regulation 12 (injury stability necessities relevant to bulk carriers), regulation 13 (structural energy of bulk carriers constructed on or after 1st July 1999) and regulation 14 (structural and different necessities for bulk carriers)).
7.2 The guide referred to in paragraph 7.1 of this MGN should comprise a report of any occasion of restrictions imposed on the carriage of stable bulk cargoes with a density of 1780kg/m3 and above as per the necessities of regulation 11 (structural and different necessities for bulk carriers) and regulation 20 (restrictions from crusing with any maintain empty).
7.3 Bulk carriers topic to the restrictions set out in paragraph 7.2 of this MGN should be completely marked on the aspect shell at amidships, port and starboard, with the markings as set out in regulation 15(4) of the Rules.
8. Stable Bulk Cargo Density Declaration
8.1 Shippers should declare the density of the cargo earlier than loading stable bulk cargo on bulk carriers of 150 metres or extra in size (along with offering the cargo data required by regulation 4(1) of the Service provider Transport (Carriage of Cargoes) Rules 1999).
8.2 Bulk carriers to which regulation 14 (structural and different necessities for bulk carriers) of the Rules applies, and which have a declared cargo throughout the vary of 1250kg/m3 and 1780kg/m3 should have its declared cargo density verified by an accredited testing organisation, in accordance with the strategies set out in MSC/Circ.908. That is except the majority service complies with all the necessities of SOLAS Chapter XII concerning the carriage of stable bulk cargoes with a density of 1780kg/m3 and above.
9. Loading Instrument
9.1 All bulk carriers of 150m or extra in size should be fitted with a loading instrument, as per regulation 11.1 of SOLAS Chapter XII.
9.2 All bulk carriers constructed on or after 1st July 2006, and that are lower than 150 metres in size, should be fitted with a loading instrument, as per regulation 11.3 of SOLAS Chapter XII.
9.3 For UK flagged vessels, pc software program needs to be accepted by the Maritime and Coastguard Company. For non-UK flagged vessels, it needs to be accepted by their very own flag Administrations, as set out in regulation 11 of SOLAS Chapter XII. Steering on using computer systems might be present in MSC/Circ.891.
10. Water Degree Detectors
10.1 All bulk carriers should be fitted with water degree detectors as detailed in regulation 12 of SOLAS Chapter XII. These embrace:
in every cargo maintain,
in any ballast tank ahead of the collision bulkhead, and
in any dry or void area aside from a sequence cable locker, any a part of which extends ahead of the foremost cargo maintain.
10.2 The audible and visible alarms for water degree detectors in every cargo maintain needs to be situated on the navigation bridge.
11. Pumping Programs
11.1 On bulk carriers, ballast tanks (which might be ahead of the collision bulkhead) and the bilges of dry areas (of which any a part of them extends forwards of the foremost cargo maintain), should be able to being drained and pumped remotely from a readily accessible enclosed area, accessible from both the navigation bridge or from the propulsion equipment management place with out traversing uncovered freeboard or superstructure decks.
12. Restrictions from crusing with any maintain empty
12.1 Bulk carriers of 150 metres or extra in size and of single-side pores and skin development that are aged over 10 years and which carry cargoes with a density of 1780kg/m3 and above, should not sail with any maintain empty or loaded to lower than 10% of the maintain’s most allowable cargo weight if it doesn’t meet the necessities for withstanding flooding of anyone cargo maintain and the requirements and standards for aspect constructions of bulk carriers of single-side pores and skin development in MSC.168(79), as set out in regulation 14 of SOLAS Chapter XII.
13. Exemptions
13.1 The Secretary of State could grant an exemption for any a part of the Rules or SOLAS Chapter XII if a bulk service which doesn’t usually have interaction on worldwide voyages is, in distinctive circumstances, required to undertake a single worldwide voyage. This exemption will likely be topic to such security necessities because the Secretary of State thinks match to make sure the ship’s total security. The exemption could also be altered or cancelled on the giving of affordable discover.
13.2 The Secretary of State could present an exemption from the necessities of regulation 12(4) (injury stability necessities for bulk carriers of single-side pores and skin development) and 14 (structural and different necessities for bulk carriers) of the Rules. That is the place regulation 12(4) applies to a bulk service the place it has been constructed with an inadequate variety of transverse watertight bulkheads to fulfill the necessities of that provision, and the place it complies with regulation 7(3) of the proposed Rules. Nevertheless, such an exemption could also be altered or cancelled after giving affordable discover.
13.3 The Secretary of State may additionally, in distinctive circumstances, present an exemption from any of the provisions of the Rules or from SOLAS Chapter XII for a bulk service if glad that compliance with the supply being exempted from is both impracticable or unreasonable within the case of that ship.
13.4 Additional data on the granting of exemptions, and on the alteration or cancellation of such exemptions, might be present in regulation 7 of the Rules.
13.5 The Rules comprise enforcement provisions comprising legal offences and the flexibility to detain:
Provision/offence Legal responsibility Penalty regulation 10(1) or (2) (survey and upkeep of bulk carriers) Proprietor and grasp On abstract conviction, a tremendous (as much as statutory most in Scotland and NI) and on conviction on indictment, two years imprisonment or a tremendous or each. regulation 11(1) (surveys of bulk carriers constructed earlier than 1st July 1999) Proprietor and grasp On abstract conviction, a tremendous (as much as statutory most in Scotland and NI) and on conviction on indictment, two years imprisonment or a tremendous or each. regulation 12(2), (3) or (4) (injury stability necessities relevant to bulk carriers) Proprietor and grasp On abstract conviction, a tremendous (as much as statutory most in Scotland and NI) and on conviction on indictment, two years imprisonment or a tremendous or each. regulation 13(2) or (3) (structural energy of bulk carriers constructed on or after 1st July 1999) Proprietor and grasp On abstract conviction, a tremendous (as much as statutory most in Scotland and NI) and on conviction on indictment, two years imprisonment or a tremendous or each. regulation 14(2), (3) or (4) (structural and different necessities for bulk carriers) Proprietor and grasp On abstract conviction, a tremendous (as much as statutory most in Scotland and NI) and on conviction on indictment, two years imprisonment or a tremendous or each. regulation 15(3) or (4) (data on compliance with the necessities for bulk carriers) Proprietor and grasp On abstract conviction, a tremendous (as much as statutory most in Scotland and NI) and on conviction on indictment, two years imprisonment or a tremendous or each. For bulk carriers to which regulation 16 applies (stable bulk cargo density declaration), regulation 16(1) or (2) Shipper On abstract conviction, a tremendous (as much as statutory most in Scotland and NI) and on conviction on indictment, two years imprisonment or a tremendous or each. regulation 17(1) or (2) (loading instrument) Proprietor and grasp On abstract conviction, a tremendous (as much as statutory most in Scotland and NI) and on conviction on indictment, two years imprisonment or a tremendous or each. regulation 18 (water degree detectors) Proprietor and grasp On abstract conviction, a tremendous (as much as statutory most in Scotland and NI) and on conviction on indictment, two years imprisonment or a tremendous or each. regulation 19 (pumping methods) Proprietor and grasp On abstract conviction, a tremendous (as much as statutory most in Scotland and NI) and on conviction on indictment, two years imprisonment or a tremendous or each. regulation 20(2) (restrictions from crusing with any maintain empty) Proprietor and Grasp On abstract conviction, a tremendous (as much as statutory most in Scotland and NI) and on conviction on indictment, two years imprisonment or a tremendous or each.
Any ship not complying with the Rules or SOLAS Chapter XII (as relevant to the ship) could also be detained by port State management officers. Additional particulars on detention might be present in regulation 22 of the Rules.
Extra data
UK Technical Providers Ship Requirements
Maritime and Coastguard Company
Bay 2/23
Spring Place
105 Industrial Highway
Southampton
SO15 1EG
Phone: +44 (0)203 81 72081
E-mail: [email protected]
Web site: www.gov.uk/mca
Normal enquiries: [email protected]
Please observe that every one addresses and phone numbers are appropriate at time of publishing.