1. ------IND- 2005 0715 S-- EN- ------20060117 ------PROJET
Statute Book of the Swedish Maritime Administration
SJÖFS 2006:X
Published
on xx xxxx 2006.
Reprint
SFH
1.1
1
SJÖFS 2006:X
The Swedish Maritime Administration’s administrative provisions
amending the Swedish Maritime Authority’s administrative provisions and general guidance (SJÖFS 2003:5) on the safety of navigation and navigational equipment (reprinted);
adopted on xx xxxx 2006.
In pursuance of Chapter 2 Section 1 of the Order on ship safety (2003:18) and of Chapter 2 Section 1 of the Maritime Traffic Order (1986:300) on the matter of the Swedish Maritime Administration’s administrative provisions and general guidance (SJÖFS 2003:5) on the safety of navigation and navigational equipment, the Swedish Maritime Authority lays down[1]
that
the administrative provisions[2] will therefore read as follows as from the day on which they enter into force.
Chapter 1 General regulations
Application (R 1)
Section 1 Unless provided otherwise, these administrative provisions shall apply to ships within Swedish territorial waters and on Swedish ships within other areas, except:
- naval vessels and troopships,
-Government ships used only on non-commercial service, and
- ships solely navigating the Great Lakes of North America and their connecting and tributary waters as far east as the lower exit of the St. Lambert Lock at Montreal in the Province of Quebec, Canada.
General guidance
Ships not subject to these provisions are nevertheless encouraged to follow these provisions as far as is reasonable and practicable.
Mutual recognition
Section 2 Ships which are approved under legislation in
– other Member States of the European Union,
– states in the European Economic Area, and
– Turkey
shall be deemed equivalent to ships which meet the requirements under these provisions. This is on condition that an equivalent level of safety is obtained.
Tug and barge
Section 3 A rigidly connected composite unit of a pushing vessel and associated pushed vessel, when designed as a dedicated and integrated tug and barge combination, shall be regarded as a single ship for the purpose of these provisions.
Marine equipment
Section 4 Equipment used, installed or stowed on board a Swedish ship and required on board ships in accordance with these provisions shall comply with the requirements in the Swedish Maritime Administration's administrative provisions (SJÖFS 1999:8) on marine equipment, with the following exceptions.
1. Equipment pursuant to Chapter 3 Section 2(5) for
– fishing vessels of less than 24 metres in length,
– passenger ships of greater than 24 metres in length and with a gross tonnage below 300 constructed before 1 July 1998 and solely engaged on national voyages,
– ships other than passenger ships and fishing vessels with a gross tonnage of less than 150 and solely engaged on national voyages, and
– ships which navigate solely in operating area E.
2. Equipment pursuant to Chapter 3 Section 4(5) for ships with a gross tonnage of less than 500 and solely engaged on national voyages in operating areas D and E.
The equipment pursuant to points 1 and 2 shall meet the requirements relating to electromagnetic compatibility under Chapter 4 Section 12.
Section 5 Equipment used, installed or stowed on board a foreign ship required on board ships in accordance with these provisions shall comply with international performance standards which have been laid down and can be seen in Annex 1 and shall be type-approved by the administration of the flag state. Voyage data recorders (VDRs) shall, moreover, comply with International Electrotechnical Commission (IEC) standard No 61996[3].
Abbreviations and definitions (R 2)
Section 6 The following abbreviations and definitions shall be used for the purposes of these provisions:
Abbreviations
AIS Automatic Identification System
ARPAAutomatic Radar Plotting Aid
ATAAutomatic Tracking Aid
ECDISElectronic Chart Display and Information System
ENCElectronic Navigational Chart (official electronic nautical chart)
EPAElectronic Plotting Aid
GLONASSGLObal NAvigation Satellite System
GNSSGlobal Navigation Satellite System
GPSGlobal (satellite) Positioning System
IMOInternational Maritime Organization (the international organisation for maritime affairs)
ISMInternational Safety Management
MSCMaritime Safety Committee (a body within the IMO)
RACONRAdar beaCON
SARSearch and Rescue (marine rescue)
SARTSearch And Rescue Transponder
SOLASSafety Of Life At Sea(the international conventioneer thereon)
THDTransmitting Heading Device
TMHDTransmitting Magnetic Heading Device
VDRVoyage Data Recorder
S-VDRSimplified Voyage Data Recorder
Definitions
Recreational craft means a craft which does not have seagoing personnel, does not carry more than 12 passengers and is not used for commercial purposes.
Passenger ship means a ship carrying more than 12 passengers.
Cargo ship means a ship which is not a passenger ship nor a recreational craft.
Ship constructed means a ship at a stage of construction where
– the keel is laid, or
– construction identifiable with a specific ship begins, or
– assembly of the ship has commenced comprising at least 50 tonnes or 1 % of the estimated mass of all structural material if this mass is less than 50 tonnes.
Short voyage means a voyage during which a ship is never more than 200 nautical miles from a port or a place to which the passengers and crew can be safely carried. Neither the distance between the port of call from which the voyage began and the final port of destination nor the return voyage may exceed 600 nautical miles. The final port of destination is the last port of call during the scheduled voyage from where the ship begins its return voyage to the port where the voyage began.
International voyage means a voyage from one Convention State to a port outside the Convention State or vice versa.
National voyage means a voyage from the port of one Convention State to the same or a different port in the same Convention State.
A Convention State means a State that is party to SOLAS.
Regular service means a number of crossings in which a series of voyages by ro-ro passenger ship or high speed passenger craft travel between the same two or more ports, or a number of crossings to and from the same ports with no intermediate port stop either according to an official schedule or so regularly and frequently that they constitute a recognisable systematic series.
Traditional ships means all types of historical ships and copies of such ships including those built in order to demonstrate and promote traditional skills and seamanship, which together form living cultural monuments and which are managed according to traditional techniques and principles of seamanship.
Company means the owner of the ship, or a legal or physical person, or charterer chartering the ship without crew who has assumed the responsibility for operation of the ship from the owner and on assuming such responsibility has agreed to take over all the duties and responsibilities imposed by the ISM Code.
Nautical chart or nautical publication means a special-purpose map or book, or a specially compiled database from which such a map or book is derived. The nautical chart or nautical publication shall be designed to meet the requirements for marine navigation and issued officially by an authority or other authorised institution. Examples of nautical publications are sailing directions, lists of lights, “Notices To Mariners” or equivalent foreign publications, tide tables and other publication for the scheduled voyage.
Operating areas means operating areas in accordance with the Order on ship safety (2003:438).
The length of a ship means its overall length (Loa).
A recognised organisation means an organisation recognised in accordance with Council Directive 94/57/EC of 22 November 1994 on common rules and standards for ship inspection and survey organisations and for the relevant activities of maritime administrations[4], most recently amended by Directive 2002/84/EC of the European Parliament and of the Council[5].
Exemptions (R 3)
Section 7 In special circumstances the Swedish Maritime Administration may grant exemption from these provisions provided this does not violate international agreements or Community law.
Certificates
Section 8 Regulations relating to certificates for ships governed by these provisions can be found in Chapter 3 Sections 1 to 3 of the Act on ship safety (2003:364), Chapter 3 sections 1 to 5 of the Order on ship safety (2003:438) and in the Swedish Maritime Administration's regulations (SJÖFS 1999:17) relating to the supervision of vessels and shipping companies' safety systems.
Chapter 2 Safety of Navigation
Voyage planning (R 34)
Section 1 Prior to proceeding to sea, the master shall produce a voyage plan adapted to the activity of the ship using the appropriate nautical charts and publications. The voyage plan shall identify a route which
– takes into account any relevant ships’ routeing systems,
– ensures sufficient sea room for the safe passage of the ship throughout the voyage,
– anticipates all known navigational hazards and adverse weather conditions, and
– takes into account the protection of the marine environment.
General guidance
The guidelines contained in IMO Resolution A.893(21)[6] are recommended as an aid when planning a voyage.
Master’s discretion to take decisions (R34-1)
Section 2 The owner, charterer, another company or a physical or legal person who has any influence over the operation of the ship shall not prevent the master of the ship from taking any decision which, in the master’s qualified judgement, is necessary for the safety of life at sea and for the protection of the marine environment.
Danger messages (R 31 + 32)
Section 3 Provisions relating to the duty of information incumbent upon the master in the event of danger can be found in Sections 8 and 9 of the Decree (1952:581) containing certain provisions relating to emergency sea rescue and averting danger which threatens marine traffic, etc. (Emergencies at Sea Decree).
Distress messages, obligations and procedures (R 33)
Section 4 Provisions relating to the duties, etc., of the master in respect of distress messages can be found in Chapter 6 Section 6, paragraph 2 of the Maritime Act (1994:1009) and in Sections 1 to 6 of the Decree (1952:581) containing certain provisions relating to emergency sea rescue and averting danger which threatens marine traffic, etc. (Emergencies at Sea Decree).
Life-saving signals (R 29 +35)
Section 5 An illustrated table describing the life-saving signals in use shall be available on board all ships. The table shall be available to the officer of the watch. This requirement shall not apply to ships with a length of less than 6 metres which navigate solely in waters within the baselines which have been laid down in accordance with international law (internal waterways).
The signals shall be used by ships or persons in distress when communicating with life-saving stations, maritime rescue units and aircraft engaged in search and rescue operations (SAR).
General guidance
The life-saving signals referred to in Section 5 are described in the International Code of Signals and in IAMSAR Manual Volume III.
Ships which are not required to carry on board an illustrated table describing life-saving signals should be equipped with such a table where this is possible in practical terms.
The IAMSAR manual and the IMO circular MSC/Circ.892[7] contain guidance on how to alert search and rescue authorities in an emergency situation.
Section 5a Chapter 3 Section 19 states that certain ships shall carry on board the International Code of Signals and IAMSAR Manual Volume III.
Chapter 16 Section 15 of the Penal Code (1986:1104) lays down the sanctions under criminal law for the misuse of alarms, distress signals or other similar devices.
Search and rescue, SAR (R 7)
Section 6 All passenger ships engaged on international voyages shall have on board a plan for cooperation with the relevant search and rescue organisation in the event of an emergency.
The plan shall be developed in cooperation between the master, the company and the search and rescue organisation.
The plan shall include provisions for periodic exercises also to be undertaken to test its effectiveness.
Working language (R 14)
Section 7 In order for the crew to be able to work suitably from a safety point of view, all ships shall have a specified working language.
The working language shall be determined by the company or the master and recorded in the ship’s log or journal or similar where the ship is not obliged to keep a ship’s log.
Each seafarer must be able to understand the working language and to give and receive orders and instructions and to report back in that language. If the working language is not an official language of the State whose flag the ship is entitled to fly, all plans and lists posted which relate to safety shall also include a translation into the working language.
Section 8 On all ships engaged on international voyages, English shall be used for ship-to-ship and ship-to-shore safety communications as well as communications on board between the pilot and bridge watchkeeping personnel, unless those directly involved in the communication speak a common language other than English.
General guidance
IMO Resolution A.918(22)[8] is to be used for communication as mentioned in Section 8.
Operational limitations for passenger ships (R 30)
Section 9 A list of all operational limitations shall be compiled for all passenger ships before the ships are put into service.
The list of operational limitations, whether the operational limitations are imposed by an authority or established during the design or building stages, shall contain:
– exemptions from national or international regulations,
– limitations in respect of operating area, weather or wave height,
– restrictions in permissible loads, trim and speed, and
– any other limitations.
The list, together with any relevant and necessary explanations, shall be kept updated and be kept together with the ship’s certificate.
In the case of ships engaged on international voyages, the list shall be provided in the ship’s working language and, if this is not English or French, also in one of these two languages.
On ships solely engaged on national voyages, the list shall be provided in the ship’s working language. If the working language of the ship is not Swedish, the list shall be provided in the ship’s working language and in English.
Records of navigational activities and daily reporting (R 28)
Section 10 All ships engaged on international voyages shall keep on board a record of navigational activities which are of importance to safety of navigation. The records must contain sufficient detail to restore a complete record of the voyage.
On Swedish ships, such records shall be kept in accordance with the Swedish Maritime Administration’s Decree (SJÖFS 1996:12) containing provisions concerning the ship’s log, the engine-room log and combined ship’s log and engine-room log. On Swedish ships which are not required to keep a ship’s log or journal, the records may instead take the form of something corresponding to a ship’s log or journal.
Section 10a Section 18 of the Marine Act (1994:1009) states that a ship’s log shall be kept on commercial vessels with a gross tonnage of 20 or above and on fishing vessels with a gross tonnage of 80 or above.
Section 11 All ships with a gross tonnage of 500 or above and engaged on an international voyage of more than 48 hours in duration shall sent a daily report to their company. The company shall keep all such reports for the duration of the voyage.
The reports may be sent in any way provided that they are sent as soon as possible once the position specified in the report has been determined.
An automatic reporting system may be used provided that the system records the messages sent and that the master regularly checks that the messages are being successfully recorded and that the system is connected to position-finding equipment.
The reports shall contain the following information:
– the position of the ship,
– the course and speed of the ship, and
– information concerning all external and internal conditions which may affect the voyage or safe progress.
Chapter 3 Navigational equipment
Application
General
Section 1 Unless provided otherwise, the present Chapter shall apply to:
– passenger ships,
– other ships employed for commercial activities, and
– recreational craft with a gross tonnage of 100 or above which are not subject to Directive 94/25/EC of the European Parliament and of the Council of 16 June 1994 on the approximation of the laws, regulations and administrative provisions of the Member States relating to recreational craft [9], most recently amended by Regulation (EC) No 1882/2003 of the European Parliament and of the Council [10].
Ships with no mechanical propulsion, wooden ships and high speed craft
Section 1a This Chapter shall not apply to the following ships unless specified otherwise:
– ships with no mechanical propulsion, and
– wooden ships of primitive build.
High speed craft which fulfil the requirements of, and are certified in accordance with, the following provisions need not fulfil the requirements contained in Sections 2 to 15 and 33:
– The Swedish Maritime Administration’s administrative provisions and general guidance (SJÖFS 2000:2) on safety on board high speed craft (the HSC Code 1994), or
– The Swedish Maritime Administration’s administrative provisions and general guidance (SJÖFS 2003:12) safety on board high speed craft (the HSC Code 2000).
Fishing vessels
Section 1b Fishing vessels which are covered by the Swedish Maritime Administration’s administrative provisions and general guidance (SJÖFS 1999:27) on safety on board fishing vessels shall be equipped in accordance with what is stated in Sections 11 to 33 and in accordance with Annex4.
Radar
Section 1c Chapter 1 Section 6(1) of the Swedish Maritime Administration’s administrative provisions and general guidance (SJÖFS 2004:28) on radio equipment on ships states that all ships covered by that legislation shall be capable of sending out location signals and, in accordance with the functionality requirement of Chapter 3 Section 4(5) of the said administrative provisions, shall be capable of receiving such location signals.
Requirements for equipment (R 19)
All ships (R 19.2.1)
Section 2 All ships, irrespective of size shall have:
1. a properly adjusted standard magnetic compass or other means, independent of any power supply, to determine the ship’s heading and display the reading of the heading at the steering position;