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The Merchant Shipping (Training, Certification, Watchkeeping and Safe-Manning) Regulations

Legal Notice 35 of 2000

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The Merchant Shipping (Training, Certification, Watchkeeping and Safe-Manning) Regulations
Citation
Legal Notice 35 of 2000
Primary work
Merchant Shipping Act
Date
31 December 2022
Language
English
Type
Legal Notice
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LAWS OF KENYA

MERCHANT SHIPPING ACT

THE MERCHANT SHIPPING (TRAINING, CERTIFICATION, WATCHKEEPING AND SAFE-MANNING) REGULATIONS

LEGAL NOTICE 35 OF 2000

  • Published in Kenya Gazette Vol. CII—No. 22 on 20 April 2000
  • Commenced on 20 April 2000
  1. [Amended by The Merchant Shipping (Eyesight and Medical Examination) Regulations, 2012 (Legal Notice 113 of 2012) on 12 October 2012]
  2. [Revised by 24th Annual Supplement (Legal Notice 221 of 2023) on 31 December 2022]

Part I – PRELIMINARY

1. Citation

These Regulations may be cited as The Merchant Shipping (Training, Certification, Watchkeeping and Safemanning) Regulations.

2. Interpretation

In these Regulations unless the context otherwise requires—"appropriate certificate" means a certificate issued and endorsed in accordance with the provisions of these Regulations and entitling the lawful holder to serve in the capacity and perform the functions involved at the level of responsibility specified therein, on a ship of the type, tonnage, or power and means of propulsion indicated by the endorsement while engaged on the particular voyage concerned;"approved" means approved by the Cabinet Secretary;"authorized person" means a person authorized by the Cabinet Secretary for the purposes of these Regulations;"certificate of competency" means an appropriate certificate issued by Cabinet Secretary under regulation 6(1)(other than a certificate of equivalent competency);"chemical tanker" means a ship constructed or adapted and used for the carriage in bulk of any liquid product listed in chapter 17 of IBC Code;"constructed" means a craft the keel of which is laid or which is at a similar stage of construction; and "similar stage of construction" means a stage at which—
(a)construction identifiable with a specific craft begins; and
(b)assembly of that craft has commenced comprising at least 50 tonnes or 1 per cent of the estimated mass of all structural material, whichever is less; by
"certificate of equivalent competency" means the certificate issued under regulation 6(3);"Company" includes an individual and in relation to a ship means the owner of the ship or any other organization or person such as the manager of the bareboat character who has assumed the responsibility for the operation of the ship from the owner and who on assuming such responsibility has agreed to take over all the duties and responsibilities imposed on the company by the Regulations annexed to the STCW Convention;"GT" means gross tonnage, where a vessel operates alternative tonnage system, the greater of the two will apply;"deck officer" means an officer qualified in accordance with chapter 2 of the STCW Convention;"engineer officer" means an officer qualified in accordance with chapter 3 of the STCW Convention;"IBC Code" means the 1993 edition of the International Code for the construction and equipment of ships carrying dangerous chemicals in Bulk, published by the International Maritime Organization as last revised;"IGC Code" means the 1993 edition of the International Code for the construction and equipment of ships carrying dangerous chemicals in bulk published by IMO;"length" has the same meaning conferred to it in rule 1 of the Merchant Shipping Rules as to the measurement of tonnage;"Cabinet Secretary" means the Cabinet Secretary for the time being responsible for matters relating to transport; and the term "ministry" shall be construed accordingly;"GMDSS" means Global, Maritime Distress and Safety system;"Master" means the person having command of a ship;"officer" means a member of the crew other than the master designated, as such by these Regulations;"second engineer" means the engineer officer next in rank to the Chief Engineer;"liquefied gas tanker" means a ship constructed or adapted and used for the carriage in bulk of any liquified gas or other product listed in chapter 19 of the IGC Code;"near-coastal voyage" means a voyage on a trading vessel of 500 GT or less restricted to an area between Des Chiambone to the North and Pungu Tiayo Island to the South on the Kenyan Coast and not more than 200 miles from the shore;"oil" means petroleum in any form including crude oil, sludge, oil refuse and refined products;"oil tanker" means a ship constructed or adapted primarily to carry oil in bulk in its cargo spaces and includes a combination carrier when it is carrying a cargo or part cargo of oil in bulk;"passenger ship" means a ship carrying more than 12 passengers;"propulsion power" means the total maximum continuous rated output power in kilowatts of all the ships main propulsion power which appears on the ship's certificate of registry or other official document;"rating" means a member of the ship crew other, than a master or an officer;"radio operator" means a person holding an appropriate certificate issued and recognized by the Ministry under the provisions of these Regulations;"ro-ro passenger ship" means a passenger ship constructed or adapted with loading facilities for driving on and off for passengers and other vehicles;"sea-going" in relation to a vessel, proceeding to sea beyond internal waters or beyond waters declared to be smooth or partially smooth waters by the Government by notification in the Gazette;"serious casualty" means an accident to a ship causing loss of life, or total loss of a ship;"serious injury" means any injury, to a person employed or carried on a Kenyan ship, or on a foreign ship in Kenyan waters which occurs on board during access which results in incapacity for more than three consecutive days excluding the day of the accident, or as a result of which othe person concerned, is put ashore and the ship sails without him;"STCW Code" means the Seafarers' Training, Certification and Watchkeeping Code adopted by the 1995 Conference of Parties to the International Convention on the Standards of Training, Certification and Watchkeeping for Seafarers, 1978;"STCW Convention" means the International Convention on Standards of Training, Certification and Watchkeeping for Seafarers, 1978, as amended on 7th July, 1995;"tanker" means a chemical tanker, a liquefied gas tanker or an oil tanker.

3. Transitional provisions

For the purposes of these Regulations—
(a)certicates and licences granted, endorsements made and standards of competency and training already met prior to the coming into force of these Regulations shall be treated as equivalent to certificates, endorsements, appropriate certificates, standards of competency or training, referred to in these Regulations and shall accordingly remain in full validity, subject to regulation 6 hereof, until 1st February, 2002; and
(b)seamen who commenced seagoing service as part of an approved training programme or the shore-based phase of an approved training programme before 1st August, 1998 may be issued with certificates or have their certificates recognized or endorsed, pursuant to such revoked Regulations and the provisions of sub-paragraph (a) shall apply to such certificates.

Part II – SHIPS

4. Application

This part of these Regulations shall apply to masters and seamen employed on sea-going ships registered in Kenya except in—
(a)fishing vessels; or
(b)pleasure vessels not engaged in trade or wooden ships of primitive build.

5. Qualification as an officer

A person is qualified as an officer of the ship for the purposes of this part if he is-
(a)a master; or
(b)a chief mate; or
(c)an officer-in-charge of a navigational watch; or
(d)a chief engineer officer; or
(e)a second engineer officer; or
(f)an officer-in-charge of an engineering watch; or
(g)a radio operator.

6. Recognition of Certificates

(1)The Cabinet Secretary may recognize a certificate issued by or under the authority of another party to the STCW Convention to a master, officer or radio operator if he is satisfied—
(a)that the requirements of the STCW Convention concerning standards of competence, the issue and endorsement of certificates and record keeping are fully complied with; and
(b)that prompt notification has been given to the Minsitry of the appropriate change in the arrangements,
for training and certification provided in compliance with the Convention.
(2)Where the Cabinet Secretary recognizes a certificate pursuant to paragraph (1), he shall endorse such certificate to attest its recognition if he is satisfied that the requirements of the STCW Convention in paragraphs (1)(a) and regulation 10 (b) have been complied with.
(3)The endorsement shall be in the pescribed form entitled "certificate of equivalent competency" set out in the Sixth Schedule to these Regulations.
(4)Where pursuant to paragraph (1), the Cabinet Secretary has recognized the standard of competence required for the issue of a certificate by an authority which is a party to the STCW Convention outside Kenya as being, in part the standard to be attained for officers qualified for the purposes of these Regulations, any conditions specified, by the Cabinet Secretary for the issue of a certificate of equivalent competency shall be limited to—
(a)aptitude tests for the purpose of assessing the applicant's ability to pursue the profession of of on Kenyan ships, in the light of subjects and training and related assessment procedures, which differ substantially from those covered by the applicant's certificate issued by that State; or
(b)in the case of applicants who are nationals of a member of the East African Co-operation area (at the applicant's option) an adaptation period as specified by the Cabinet Secretary.

7. Revalidation or certificates

(1)The certificate of a master or any other officer issued with a certificate under regulation 5 shall not be valid for sea-going service unless revalidated at intervals not exceeding five years to establish continued professional competence in accordance with section A-1/11 of the STCW Code.
(2)A certificate of a category referred to in regulation 10 granted pursuant to, regulation 75 shall not be valid for sea-going service unless revalidated at intervals not exceeding 5 years, to establish continued professional competence in accordance with section A-1/11 of the STCW Code.
(3)Every master and officer shall, for continuing sea-going service on ships complete approved refresher training at intervals specified by the Cabinet Secretary.

8. Appropriate certificates

(1)Any officer serving in the capacity set out in column 1 of the table setout in the First Schedule to these Regulations shall hold an appropriate certificate for that capacity.
(2)The certificate issued under subparagraph (1) shall be in the Form set out in the Fifth Schedule to these Regulations.
(3)A person shall only be entitled to be issued with such an appropriate certificate if he complies with the criteria in the Regulations annexed to the STCW Covention, set out in column 2 of the table specified in the First Schedule of these Regulations.

9. Ratings and holders of other qualifications

(1)Every rating forming part of a navigational watch on a ship of 500 GT or more, other than ratings under training and ratings whose duties while watching are of an unskilled nature, shall hold a certificate issued under this paragraph.
(2)No person shall be entitled to be issued with a certificate of such a rating unless he complies with the criteria set out in regulation 11/4.2 of the STCW Convention.
(3)Every rating forming part of an engine-room watch or designated to perform duties in a periodically unmanned engine-room on a ship powered by main propulsion machinery of 750 kW propulsion power or more, other than ratings under training and ratings whose duties are of an unskilled nature, shall hold a certificate issued under this paragraph.
(4)No person shall be entitled to be issued with a certificate of such a rating unless he complies with the criteria set out in regulation 111/4.2 of the STCW Convention.
(5)Any person designated to perform watchkeeping duties in a manned or periodically unmanned engine-room on a ship powered by main propulsion machinery of 350 kW power or more, but less than 750 kW shall be the holder of one of the engineering certificates of competency referred to in regulation 8 hereof, or be the holder of a marine engine operator's licence issued in compliance with the criteria specified by the Cabinet Secretary.

10. Radio communication and radio personnel on GMDSS ships

No person shall be granted a certificate under regulation 75 unless–
(a)he is at least 18 years of age; and
(b)he has completed approved education and training and meets the standard of competency specified in section A–IV/2 of the STCW Code.

11. Mandatory minimum requirements for the training and qualification of masters, officers and rating on tankers

(1)Officers and ratings assigned specific duties and responsibilities related to cargo or cargo on tankers shall complete an approved shore-based advanced fire-fighting course in addition to the training required by section A–V1/1 of the STCW Code and shall also complete—
(a)at least three months of approved sea-going service on tankers in order to acquire adequate knowledge of safe operational practices; or
(b)an approved tanker familiarization course covering at least the syllabus given for that course in section A-V/1 of the STCW Code.
(2)The period of three months referred to in sub-paragraph (a) of paragraph (1) may be reduced to not less than one month if—
(a)the tanker on which such service is performed is of less than 3000 GT;
(b)the duration of each voyage of the tanker on which such approved service is performed does not exceed 72 hours; and
(c)the operational characteristics ofthe tanker on which such approved service is performed and the number of voyages and loading and discharging operations completed during the period, allow the same level of knowledge and experience to be acquired as would have been acquired in approved service performed in accordance with sub-paragraph (a) of paragraph (1) on a tanker of a size, and performing voyages, not falling within sub-paragraphs (a) and (b) of this paragraph.
(3)Masters, chief engineering officers, chief mates, second engineer officers and any person with Immediate responsibility for loading, discharging and care in transit or handling of cargo on tankers shall, in addition to meeting the requirements of paragraph (1), have—
(a)experience appropriate to their duties on the type of tanker on which they serve; and
(b)an approved specilized training programme which at least covers the subjects set out in section A-V/1 of the STCW Code that are appropriate to their duties on the tanker on which they serve.
(4)An appropriate certificate shall be issued to masters and officers who are qualified in accordance with paragraph (1) or (3), or their existing certificate shall be endoned, and every rating who is qualified shall be certificated.

12. Mandatory minimum requirements for the training and qualifications of masters, officers, ratings and other personnel on ro-ro passenger ships

(1)This regulation applies to masters, officers, ratings and other personnel serving on board ro-ro passenger ships.
(2)Prior to being assigned shipbboard duties on board ro-ro passenger ships, seafarers shall have completed the training required by paragraphs (4) to (8) in accordance with their capacity, duties and responsibilities.
(3)Seafarers who are required to be trained in accordancee with paragraphs (4), (7) and (8) shall, at intervals not exceeding five years, undertake appropriate refresher training.
(4)Masters, officers and other personnel designated on muster lists to assist passengers in emergency situations on board ro-ro passengers ships shall have completed training in crowd management as specified in section A-V/2, paragraph 1 of the STCW Code.
(5)Masters, officers and other personnel assigned specific duties and responsibilities on board ro-ro passenger ships shall have completed the familiarization training specified in section A-V/2, paragraph 2 of the STCW Code.
(6)Personnel providing direct service to passengers in passenger spaces on board ro-ro passenger ships shall have completed the safety training specified in section A-V2, paragraph 3 of the STCW Code.
(7)Masters, chief mates, chief engineer officers, second engineer officers and every other person assigned immediate responsibility for embarking and disembarking passengers, loading, discharging or securing cargo, or closing hull openings on board ro-ro passenger ships shall have completed approved training in passenger safety, cargo safety and hull integrity as specified in section A-V/2, paragraph 4 of the STCW Code.
(8)Masters, chief mates, engineer officers, second engineer officers and any person having responsibility for the safety of passengers in emergency situations on board ro-ro passenger ships shall have completed approved training in crisis management and human behaviour as specified in section A-V/2, paragraph 5 of the STCW Code.
(9)It shall be the duty of any person providing the training referred to in this regulation to issue documentary evidence to every person successfully completing such training.

13. Mandatory minimum requirements for the training and qualification of masters, officers, rating and other personnel on high-speed craft

(1)This regulation applies to masters and officers, ratings and other personnel serving on board high-speed craft which are ships constructed on or after 1st January, 2000.
(2)Prior to being assigned shipboard duties on board high-speed craft masters, officers, ratings and other personnel shall have completed the training specified in the STCW Code.
(3)It shall be the duty of any person providing the training referred to in this Regulation to issue documentary evidence to every person successfully completing such training.
(4)In the case of masters and of officers having an operational role on high-speed craft, the documentary evidence shall be a certificate in the form specified by the Cabinet Secretary and shall be endorsed in a manner specified by a Cabinet Secretary.

14. Mandatory Minimum requirements for familiarization, basic safety training and instruction for all seafarers

All seamen shall receive familiarization and basic safety training or instruction in accordance with section A-VI/1 of the STCW Code and shall meet the appropriate standard of competence, specified therein.

15. Mandatory minimum requirements for the issue of certificates of proficiency is survival craft rescue boats

(1)Every person designated to launch or take charge of survival craft or rescue boats other than fast rescue boats shall have a certificate of proficiency in such craft.
(2)A person shall not be granted a certificate issued under paragraph (1) unless he meets the criteria specified in regulation V1/2 of the STCW Convention.
(3)Every person designated to launch or take charge of a fast rescue boat shall have a certificate of proficiency in such boats.
(4)No person shall be granted such a certificate unless he meets the criteria specified in regulation VI/2.2 of the STCW Convention.
(5)In this regulation-"fast rescue boat" means a rescue boat which is—
(a)not less than 6 metres in length and not more than 8.5 metres in length; and
(b)capable of maneouvering, for at least 4 hours, at a speed of at least 20 knots in calm water with a suitable qualified crew of 3 persons and at least 8 knots with a full complement of persons and equipment.

16. Mandatory minimum requirements for training in advanced fire-fighting

(1)Seamen designated to control fire-fighting operations shall have successfully completed advanced training in techniques for fighting fire with particular emphasis on organization, tactics and command in accordance with the provisions of section A–VI/3 of the STCW Code and shall meet the standard of competence specified therein.
(2)Where training in advanced fire-fighting is not included in the qualifications for the certificate to be issued, a special certificate or documentary evidence, as appropriate, shall be issued indicating that the holder has attended a course or training in advanced fire-fighting.

17. Mandatory requirements relating to medical first-aid and medical care

(1)Seamen designated to provide medical first-aid on board ships shall meet the standard of competence in medical first-aid specified in section A–VI/14, paragraphs (1) to (3) of the STCW Code.
(2)Seamen designated to take charge of medical care on board ships shall meet the standard of competence in medical care on board ships specified in section A–VI/4, paragraphs (4) to (6) of the STCW Code.
(3)where training in medical first-aids or medical care is not included in the qualifications for the certificate to be issued, a special certificate or documentary evidence, as appropriate, shall be issued indicating that the holder has attended a course and has been trained in medical first-aid or in medical care.

18. Form, validity, record and surrender of certificates

(1)Certificates issued and endorsements made under these Regulations shall be issued by the Cabinet Secretary on receipt of the fee payable, if any, and delivered to the person entitled to hold them.
(2)A certificate or endorsement shall remain valid for sea-going service as long as the holder complies with the standards and conditions of medical fitness and professional competency to act in the appropriate capacity specified by the Cabinet Secretary.
(3)A record of all certificates and endorsements which are issued under this part of these Regulations, or for certificates which have expired or have been revalidated, suspended, cancelled, or reported lost or destroyed and any alteration of or any other matters affecting any such certificates or endorsements, shall be kept, in such manner as the Cabinet Secretary may require, by the Registrar of Shipping and Seamen or by such other person as the Cabinet Secretary may direct.
(4)Where a person is convicted of an offence under regulation 38, or where a certificate or endorsement is issued and the conditions for its issue prescribed in this part or specified by the Cabinet Secretary have not been compiled with, then the holder of the relevant certificate shall, at the direction of the Cabinet Secretary deliver it to the Cabinet Secretary, or to such person as the Cabinet Secretary may direct, for, cancellation.

19. Refusal of certificates, and appeals against refusal

(1)Notwithstanding that an applicant for a certificate of competency or for a certificate of equivalent competency complies with the standards or fulfils the conditions specified by, or by virtue of the foregoing provisions of these Regulations, the Cabinet Secretary shall not issue or revalidate the appropriate certificate applied for unless he is satisfied, having regard to all the relevant circumstances, that the applicant is a fit person to be the holder of the certificate and to act in the capacity to which it relates.
(2)If the Cabinet Secretary intends to refuse to the issue or revalidation of a certificate of competency or certificate of equivalent competency for any reason, he shall give notice in writing to the applicant who shall have the right, before a date specified in the notice, to require the application to be reviewed at an inquiry.
(3)If an applicant, before the date mentioned in paragraph (2) seeks to have his case reviewed at an inquiry, the Cabinet Secretary shall cause such an inquiry to be held by one or more persons appointed by him.

20. Loss of Certificates

If a person entitled to a certificate loses or is deprived of a certificate already issued to him, the Cabinet Secretary shall—
(a)if he is satisfied that the person has lost or been deprived of the certificate without fault on his part; or
(b)If he is not so satisfied; upon receipt of any fee payable, cause a certificated copy to which the person appears to be entitled to be issued to him or refuse to issue such a certificated copy as he deems fit.

21. Endorsement of Kenya certificates

In the case of a certificate issued by the Cabinet Secretary, the certificate shall be endorsement by the Cabinet Secretary in accordance with the STCW Convention if he is satisfied that the holder of the certificate complies with the provisions of these Regulations.

22. Designated authority

(1)The Cabinet Secretary is the designated authority for the purposes of these Regulations on a general system for the recognition of higher education diplomas awarded on the completion of approved professional education and training in respect of the following professions—
(a)professions requiring qualification referred to in regulation 5;
(b)Profession requiring qualification under regulations referred to in regulation 3.
(2)The Cabinet Secretary is the designated authority for the purpose of these Regulations on a second general system for the recognition of professional education and training in respect of the following professions—
(a)professions requiring qualification referred to in regulation 5;
(b)professions requiring qualications under regulations annexed to the STCW Convention referred to in regulation 8.

Part III – HOVERCRAFT

23. Mandatory Minimum Requirements for the training of hovercraft personnel

(1)This part applies to every sea-going hovercraft registered in Kenya and constructed after 1st January, 2000.
(2)It shall be the duty of every owner of a hovercraft to which this pert applies to ensure that masters officers, ratings and other personnel have completed the training specified by the Cabinet Secretary.
(3)It shall be the duty of any person providing the training referred to in this regulation to issue documentary evidence to every person successfully completing such training.
(4)In the case of masters, and of officers having an operational role on high speed craft, the documentary evidence referred to in paragraph (3) shall be a certificate in a form specified by the Cabinet Secretary and shall be endorsed in a manner specified by the Cabinet Secretary.
(5)Any owner of a hovercraft who contravenes paragraph (2) commits an offence, and shall on conviction, be liable to a fine not exceeding ten thousand shillings.

24. Certificates

Regulations 18, 19 and 20 shall apply to certificates issued under regulation 23 as they apply to certificates issued under Part II of these Regulations.

25. Exemptions

The Cabinet Secretary may exempt the owner of any hovercraft from any of the requirements of regulation 23, subject to such conditions as he may specify, but may alter or cancel any exemption so granted if he is satisfied that such conditions have been violated.

Part IV – SAFE MANNING, HOURS OF WORK AND WATCHKEEPING

26. Application

(1)This Part applies to sea-going ships which are—
(a)Kenyan ships wherever they are; and
(b)other ships when in Kenyan water, except fishing vessels.
(2)For the purposes of this Part every company shall ensure that—
(a)every seaman assigned to any of its ships holds an appropriate certificate in respect of any function he is to perform on that ship;
(b)every seaman on any of its ships has had training specified in these Regulations in respect of any function he is to perform on that ship; and
(c)documentation and data relevant to all seamen employed on its ships are maintained and readily available for inspection and include, without being limited to, documentation and data on their experience, training, medical fitness and competence in assigned duties.
(3)Nothing in paragraph (2) shall prohibit the allocation of tasks for training under supervision or in case of force majeure.
(4)The company shall provide written instructions to the master of each of its ships setting out the policies and the procedures to be followed to ensure that all seamen who are newly employed on board the ship are given reasonable opportunity to become familiar with the ship board equipment, operating procedures and other arrangements needed for the proper performance of their duties, before being assigned to those duties.
(5)The policies and procedures referred to in paragraph (4) shall include—
(a)allocation of reasonable period of time during which each newly employed seaman will have an opportunity to become acquainted with-
(i)the specific equipment the seaman will be using or operating; and
(ii)ship-specific watchkeeping, safety, environmental protection and emergency procedures and arrangements the seafarer needs to know to perform the assigned duties properly;
(b)designation of a knowledgeable crew member who will be responsible for ensuring that an opportunity is provided to each newly employed seaman to receive essential information in a language the seaman understands.
(6)It shall be the duty of any master and any member of a crew designated with an obligation under paragraph (4) to carry out the obligation.

27. Safe manning document

(1)It shall be the duty of the company to ensure that in relation to every ship of 500 GT or more—
(a)a safe manning document is in force in respect of the ship and the manning of the ship;
(b)the safe manning document is kept on board the ship at all times; and
(c)the manning of the ship is maintained at all times to at least the levels specified in the safe manning document.
(2)The master of any ship to which this regulation applies shall ensure that the ship does not proceed to sea unless there is on board a valid safe manning document issued in respect of the ship and the manning of the ship complies with that document.
(3)It shall be the duty of a company applying for a safe manning document in respect of any Kenyan ship to submit to the Ministry proposals as to the numbers and grade of personnel it considers appropriate to be carried so that the ship would be safely manned if it proceeded to sea on any intended voyages.
(4)In preparing such proposals, the company shall take into account any guidance issued by the Ministry.
(5)It shall be the duty of the company after the issue of a safe manning document to inform the Ministry as soon as any of the circumstances which are pertinent to that safe manning document change, for the purpose of enabling the Ministry to review the document's continuing validity or approve fresh proposals from the company.

28. Hours of work of company employee and masters

(1)Subject to regulation 32, it shall be the duty of every company in respect of a ship, and of every employer, to ensure, so far as is reasonably practicable, that the seamen do not work more than is safe in relation to the safety of the ship and the master's and the seamen's performance of their duties.
(2)Subject to regulation 32, it shall be the duty of every master of a ship to ensure, so far as is reasonably practicable, that seamen do not work more hours than is, safe in relation to the safety of the ship and seamen's performance of their duties.

29. Duties of master and seamen

Every master and seaman shall, so far as is reasonably practicable, ensure that he is porperly rested when commencing duty on a ship and that he obtains adequate rest during periods when he is off duty.

30. Schedule of duties and need to record

(1)It shall be the duty of the company to produce a Schedule of duties in accordance with this regulation.
(2)Where the company is not the employer of the master and all the seamen, it shall consult any other person who is an employer of the master or of any of the seamen before the production of the Schedule.
(3)The company may arrange with any such employer that the employer is to produce a Schedule of duties in accordance with this regulation and in such a case that employer shall also be subject to the duties of the company under this Regulation.
(4)Before producing a Schedule, the company shall seek the views of the master, and the master shall seek and convey to the company, the views of—
(a)the ship's safety committee;
(b)the seamen or their representatives; or
(c)a trade union with one or more members on board ship.
(5)A Schedule produced under this regulation shall—
(a)set out the hours of work for-
(i)masters and seamen whose work includes regular watchkeeping duties or ship handling; and
(ii)the ship's chief engineer, chief officer and second engineer officer, so as to provide that they do not work more hours than is safe in relation to the safety of the ship and the master's and seamen's performance of their duties;
(b)specify the maximum period of continuous watchkeeping, the minimum rest period between watches, and the total daily, weekly and monthly hours of work; and
(c)provide a minimum of ten hours of rest in any twenty-four hour period, which may be divided into not more than two periods, one of which shall be at least six hours in length:
Provided that the minimum period of ten hours may be reduced to not less than six consecutive hours on condition that any such reduction shall not extend beyond two days and not less than seventy hours of the period provided in each seven days.
(6)The company shall give consideration to the category of shipping operations undertaken in arranging the hours of work.
(7)The Schedule may be changed by the company, or by an employer who by virtue of paragraph (3) is subject to the duties of the company, on condition that—
(a)other employees and the company (as the case may be) have been consulted;
(b)the company or the employer has sought the views of the master on the proposed changes and the master has sought and conveyed to the company the views of persons mentioned in paragraph (4) (a), (b) or (c); and
(c)the Schedule as changed complies with paragraph (5).
(8)The company shall ensure that the Schedule is displayed prominently in the crew accommodation for the information of all the seamen.
(9)It shall be the duty of the master to ensure, as far as reasonably practicable, that the hours of work specified in the Schedule are not exceeded.
(10)The company and the master shall maintain on the ship a copy of the Schedule, and a record of all deviations from its requirements.
(11)The company for the time being responsible for the ship shall ensure that a copy of the Schedule and the record of all deviations from its requirements are preserved for five years from the date the Schedule was introduced, and that they are available for inspection by a superintendent, or surveyor of ships, or an inspector appointed under the Act.
(12)If during the five year period there ceases to be a company in relation to the ship, the duty to preserve the copies of the Schedule and of the record shall remain with the last such company.

31. Exception for emergencies

(1)The requirements for rest periods specified in regulation 30(5)(c) need not be maintained in case of any emergency or drill or in other overriding operational conditions.
(2)Without prejudice to the generality of paragraph (10) of regulation 30 a master of a ship or seaman may participate in a navigational, engine room or machinery watch although he has not had the rest period provided by the Schedule produced in pursuance to regulation 30 and the master may exceed and a seaman may be required to exceed the Schedule work or duty periods when in the opinion of the master it is necessary to meet one of the following situations—
(a)an emergency threatening the safety of the ship or the life of any person or threatening damage to the environment; and
(b)employment of the ship in the service of the Department of Defence at a time when the ship is operating in direct support of the armed forces, or in direct support of the forces of any foreign power to which Kenya is bound by any treaty to provide operational support.
(3)When in pursuance of paragraph (1) the master or a seaman has worked within a rest period provided for by the Schedule, his name shall be recorded pursuant to the provisions of regulation 30 paragraph (10), together with the reasons why he so worked.

32. Watchkeeping arrangements

(1)The master of any ship shall ensure that the watchkeeping arrangements for the ship are at all times adequate for maintaining safe navigational and engineering watches having regard to section A–VIII of the STCW Code.
(2)Without prejudice to the duties of a master specified in paragraph (1), a master shall give directions to the deck watchkeeping officers responsible for navigating the ship safely during their periods of duty, in accordance with Part 3-1 of section A–VIII/2 of the STCW Code and any requirements specified by the Cabinet Secretary.
(3)The thief engineer officer of any ship shall ensure that the engineering watchkeeping arrangements for the ship are at all times adequate for maintaining a safe watch, in accordance with Part 3-2 of section A–VIII/2 of the STCW Code, and when deciding the composition of the watch the chief engineer officer shall observe the principles set out in Part 3-2 of that section and the requirements specified by the Cabinet Secretary.

33. Watchkeeping arrangements in port

The master of any ship which is safely moored or safely at anchor under normal circumstances in port shall arrange for an appropriate and effective watch to be maintained for the purposes of safety which arrangements shall be in accordance with Part 4 of section A–VIII/2 of the STCW Code and any operational guidelines specified by the Cabinet Secretary.

34. Watchkeeping arrangements in port for ships carrying hazardous cargo

(1)The master of any ship which is carrying hazardous cargo and which is in port, even when safely moored or safely at anchor, shall in addition to any watch-keeping arrangements required under regulation 33 in the case of—
(a)a ship carrying hazardous cargo in bulk, ensure that a safe deck watch and safe engineering watch are maintained by the ready availabilty on board of a duly qualified officer or officers, and where appropriate ratings; and
(b)a ship carrying hazardous cargo other than in bulk, ensure that in organizing safe watchkeeping arrangements he takes account of the nature, quantity, packing and storage of the hazardous cargo and of any special conditions on board, afloat and ashore.
(2)Such watchkeeping arrangements shall take full account of the principles and requirements as specified by the Cabinet Secretary.

35. Carriage of doorman

Without prejudice to regulation 27, the company and the master shall ensure that there are carried at all times on board ship all original certificates and other documents issued pursuant to the STCW Convention indicating the qualification of any member of the crew to perform functions which they are required to perform aboard ship in the course of their designated duties.

36. Inspection of non-Kenyan ships

(1)An authorized person may inspect any ship which is not a Kenyan ship for the purposes of—
(a)verifying that all seamen serving on board who are required to be certificated hold valid and appropriate certificates; and
(b)assessing the ability of the seamen in the ship to maintain the watchkeeping standards required by these Regulations where there are grounds for believing that such standards are not being maintained because, while in a port in Kenya or in the approaches to that port, any of the following have occurred-
(i)the ship has been involved in a collision, grounding or stranding;
(ii)there has been an unlawful discharge of substances' from the ship when underway, at anchor or at a berth;
(iii)the ship has been maneuvered in an erratic or unsafe manner, or navigational course markers or traffic separation schemes have not been followed; or
(iv)the ship has otherwise been operated in such manner as to pose a danger' to persons, property or the environment.
(2)If on inspection an authorized person finds any deficiency of a kind specified in paragraph (3), he shall in writing notify the master of the ship and in case of a ship registered outside Kenya, the nearest maritime, consular or diplomatic representative of the flag State.
(3)Deficiencies referred to in paragraph (2) may refer to any of the following conditions—
(a)faillue of any seaman, required to hold an appropriate certificate, to have a valid appropriate certificate or a valid exemption from that requftement;
(b)failure to comply with the safe manning document;
(c)failure of navigational or engineering watch arrangements to conform to the requirements specified for the ship by the competent authority of the country in which the ship is registered;
(d)absence on a watch of a person qualified to operate equipment essential to safe navigation, safety radio communications or the prevention of marine pollution; and
(e)inability of the master to provide adequately rested persons for the first watch at the commencement of a voyage and for subsequent relieving watches.

37. Power to deer

In any case where it is found -
(a)in relation to a ship which is a Kenyan ship, that there is any contravention of these Regulations; or
(b)in relation to a ship which is not a Kenyan ship, there is-
(i)any contravention of regulations 27, 34, 35, 36; or
(ii)a failure to correct a deficiency of a kind specified in regulation 36 (3) after notification to the master pursuant to regulation 36 (2), and there is in consequence a danger to persons, property or the environment, the ship may be detained.

38. Penalties

(1)Any company which contravenes regulations 27 (2) or (5), 28 (1) or (2), 32, 36 or 37 commits an offence and shall be liable on conviction to a fine not exceeding fifty thousand shillings or to imprisonment for a term not exceeding six months, or to both.
(2)Any master who contravenes regulation 27 (5), 28 (2), 30 (2), 33, 34 (1) or (2), 36, or 37 commits an offence and shall be liable on conviction to a fine not exceeding the fifty thousand shillings, or to imprisonment for a term not exceeding six months, or to both.
(3)Where an employer becomes subject to the duties of the company under these Regulations, in the event of any contravention thereof, he commits an offence and shall be liable on conviction to a fine not exceeding ten thousand shillings or imprisonment for a term not exceeding six months or to both.
(4)Any member of the crew who contravenes regulation 27 (5) commits an offence and shall be liable, on conviction to a fine not exceeding three thousand shillings.
(5)Any chief engineer who contravenes regulation 34 (2) commits an offence and shall be liable on conviction to a fine not exceeding five thousand shillings.
(6)Any company which contravenes regulation 30 (1) commits an offence and shall be liable on conviction to a fine not exceeding ten thousand shillings.
(7)Any master who contravenes regulations 31 or 32 commits an offences and shall be liable on conviction to a fine not exceeding fifty thousand shillings.
(8)Any seaman who contravenes regulation 31 commits an offence and shall be liable on conviction to a fine not exceeding three thousand shillings.
(9)It shall be a defence for a person charged with an offence under these Regulations to prove that he took all reasonable steps to avoid the commissioning of the offence.
(10)In any proceedings for an offence under these Regulations consisting of a failure to comply with a duty or requirement to do something so far as is reasonably practicable, it shall be for the accused to prove that it was not reasonably practicable to do more than was in fact done to satisfy the duty or requirements.

39. Exemption

The Cabinet Secretary may grant, on such terms, if any, as he may specify, exemptions from all or any provisions of these Regulations for classes or individual cases.

Part V – INQUIRIES INTO COMPETENCE

40. Application

These Regulations apply to any inquiry under section 271 of the Act, and to any hearing of such an inquiry which is not held by the High Court.

41. Notice of inquiry

(1)When the Cabinet Secretary causes an inquiry to be held, he shall cause a notice (in these Regulations called a "notice of inquiry") to be served in writing on the certificate holder concerned who shall be made a party to the inquiry.
(2)Service of such a notice shall be effected at least thirty days before the date fixed for the concerned inquiry either by serving the certificate holder personally or by sending the notice to his last known address by registered post or by recorded delivery service.
(3)The notice of inquiry shall state—
(a)the facts giving rise to the inquiry;
(b)the allegation made against the certificate holder to whom the notice is addressed and the grounds thereof;
(c)the time and date when, and the place where, the inquiry is to be held; and
(d)the certificate holder's rights as set out in regulation 44 (2) and (3) of these Regulations.

42. Appointment of the court of inquiry

(1)The person appointed to hold the inquiry shall conduct it with the assistance of one or more assessors who shall be appointed by the Attorney-General.
(2)An assessor shall be suitably qualified to assess the competence of a seaman to discharge the duties and responsibilities commensurate with his certificate.

43. Holding of the inquiry

(1)At the time and the place appointed for holding the inquiry the person appointed may proceed with the inquiry in the absence of the certificate holder upon whom the notice of the inquiry was served, any other party, or any person who has applied to become a party:Provided that where the certificate holder concerned has been served with the notice of inquiry by post, the person appointed shall not proceed with the inquiry in his absence unless satisfied that the certificate holder has been served in accordance with the requirements of regulation 46 (1) and (2).
(2)Any other person, not being the certificate holder concerned, may, with leave of the person appointed, become a party to the inquiry.
(3)The inquiry shall be held in public except to the extent to which the person appointed is satisfied that in the interests of justice, or for other good and sufficient reason in the public interest, any part of the evidence or any argument relating thereto should be heard in private.

44. Procedure at an inquiry

(1)The proceedings at the inquiry shall commence with the presentation on behalf of the Cabinet Secretary of the case against the certificate holder concerned.
(2)The certificate holder concerned shall have the right—
(a)to defend himself against the allegation, in person or by his legal representative; and
(b)to admit before or at any time after the commencement of the inqiury the allegation or any part thereof.
(3)Where more than one allegation is made against a certificate holder, his admission of an allegation or any part thereof pursuant to paragraph (2) shall be without prejudice to his right to defend himself against any other allegation which he does not admit.
(4)Any party to the inquiry shall have the right in person or by a legal representative to make an opening statement, call witnesses, cross-examine witnesses called by other parties or on behalf of the Cabinet Secretary, tender evidence other than oral evidence and address the person appointed to preside at the inquiry as such a person so appointed may direct.
(5)If a party to the inquiry does not appear in person or send a legal representative, he may opt to make representations in writing to the person appointed to preside over such an inquiry and such written representations shall be in writing to the person appointed to preside over such an enquiry shall be read out at the inquiry.
(6)Without prejudice to the admission of documents as secondary evidence arowed by the Evidence Act, affidavits, dispositions, statutory declarations and other written evidence shall, unless the person appointed considers it unjust, be accepted as evidence at the inquiry.
(7)The person appointed to preside over such an inquiry may postpone or adjourn the hearing of the inquiry for such period as he thinks fit either on his own motion or upon the application of any party.

45. Decision of the person appointed

(1)The person appointed shall, at the conclusion of the inquiry or as soon as possible thereafter, announce his decision in public.
(2)Each assessor shall either sign the report with or without reservations, or state in writing his dissent therefrom and his reasons for such dissent, and any such reservations or dissent and reasons shall be forwarded to the Cabinet Secretary with the report.
(3)The Cabinet Secretary shall inform the certificate holder concerned, in writing, of the decision of the person appointed to preside over the inquiry if the certificate holder was not present when that decision was announced and make a copy of the report available to him.
(4)A copy of the report shall be made available to any party to the inquiry upon request to the Cabinet Secretary.

Part VI – ACCIDENT INVESTIGATION

46. Application

(1)Subject to regulation 48 (3), this regulation shall apply in respect of serious injuries, dangerous occurrences and hazardous incidents as they apply in respect of accidents, except that regulations 48 and 50 shall not apply to hazardous incidents.
(2)This regulation applies to accidents involving or occurring on board—
(a)any Kenyan ship, except that regulation 48 shall not apply to pleasure vessels or to lifeboats operated by the emergency and rescue services;
(b)any other ship within Kenya or the territorial waters thereof, save that regulations 48 and 56 shall not apply to such a ship unless she is within a port in Kenya or is employed in carrying passengers to or from a port in Kenya.
(3)An investigation may be held under regulation 49 into an accident involving or occurring on board a ship which is not a Kenyan ship and which at the time of the accident was not within Kenya or the territorial waters thereof, if the Cabinet Secretary so determines.

47. Purpose of investigation

The purpose of investigating an accident under these Regulations is to determine its circumstances and the causes with the aim of improving the safety of life at sea and the avoidance of accidents in the future, and not to apportion liabilty, nor, except so far as is necessary to achieve the purpose, to apportion blame.

48. Duty to report accidents, dangerous occurrences and serious injuries

(1)Subject to paragraphs (2), (3) and (6) of this regulation, when an accident occurs, the master shall send a report to the inspector as soon as is practicable by the quickest means available, and in any case not later than twenty four hours after the ship next arrives at port.
(2)Such a report shall be sent by the owner, the master, or a senior surviving officer as soon as is practicable by the quickest means available.
(3)Subject to paragraph (6), the master shall report every serious injury or dangerous occurrence as listed in the Second Schedule to these Regulations to the inspector within fourteen days of its happening or, if the ship is at sea within fourteen days of her arrival at the next port of call.
(4)A report pursuant to sub-paragraph (3) may be made to the Ministry or to the Kenya Navy.
(5)The master shall, so far as is reasonably practicable, ensure that the circumstances of every accident involving death or major injury, or serious injury and every dangerous occurrence are examined.
(6)The owner or master shall on request provide the inspector with a report, in addition to any report made under the preceding paragraphs of this regulation, giving the findings of such examination and stating any measures taken or proposed to, prevent a recurrence.
(7)This regulation shall not apply—
(a)to an accident or a serious injury where the person killed or injured is a stevedore or shore-based worker and the accident or serious injury occurs in a port or shipyard in Kenya; or
(b)to a dangerous occurrence which occurs in a shipyard in Kenya.
(8)No report made under this regulation shall be admissible in evidence against the maker in any proceedings except proceedings in pursuance of regulation 61 (1).

49. Ordering of investigation

(1)Where an accident occurs, the inspector shall decide whether or not an investigation should be carried out and, where a report has been received under regulation 48 (1) or (2), shall cause the master or owner to be notified of his decision and he may cause to be obtained such information concerning the accident as he considers necessary, and the owner or master of the ship concerned shall provide such information to the best of his ability and knowledge.
(2)An investigation may be carried out by one or more inspectors of marine accidents appointed under section 5 of the Act, or alternatively by such other person or persons as the inspector may appoint specifically for any purpose in circumstances where inspectors appointed under the Act are not available, or where such a person has special qualifications or experience and in such a case such other person or persons shall have the powers conferred on an inspector.
(3)The inspector may order that the investigations takes the form of an inspector's inquiry.
(4)Public notice that an inspector's inquiry has been ordered shall be given in such manner as the inspector may think fit, and shall invite any persons who so desire to make representations to the inspector in such manner and within such a time as is specified in the notice.

50. Preservation of evidence

The owner and master shall so far as is possible ensure that all charts, log-books and other records and documents which might reasonably be considered pertinent to an accident report under regulation 48 are kept and that no alteration shall be made to entries therein, and that any equipment which might reasonably be considered pertinent to such an accident is so far as practicable left undisturbed, until either—
(a)notification is received from the inspector that no investigation is to take place; or
(b)if notification is received that an investigation will take place, the inspector or the inspectors appointee carrying out the investigation indicates that he no longer requires them.

51. Report of inspector's inquiry

(1)Subject to paragraph (4) where an inspector's inquiry has taken place, the inspector shall make a report to the Cabinet Secretary which shall include the inspector's findings as to the cause of the accident and his own observations thereon and any recommendations which he considers appropriate.
(2)Subject to paragraphs (2) and (3), unlest the Cabinet Secretary orders a formal investigation under section 266 of the Act, the inspector may publish the report if he thinks fit and shall do so if—
(a)it appears to him that to do so will improve the safety of life at sea and help to prevent accidents in the future; or
(b)it relates to a serious casualty to a Kenyan ship, unless in his opinion there is good reason to the contrary.
(3)If the prosecution of any person in connection with the accident is under consideration, the Cabinet Secretary may at his discretion withhold publication until either the prosecution, including any appeal, has been concluded or it has been decided not to prosecute.
(4)Where the Cabinet Secretary is still considering whether to cause an investigation to be held under section 266 of the Act into the conduct of a certificated officer, or to take action under section 266 of that Act in respect of the holder of a certificate other than an officer's, then he may at his discretion withhold publication until proceedings under either of the said sections have been completed or it has been decided not to pursue such proceedings.
(5)Except where a formal investigation has been ordered, if in the opinion of the inspector the reputation of any person is likely to be adversely affected by the report, then it shall not be submitted to the Cabinet Secretary until—
(a)that person, or if that person is deceased, then such person as appears to the inspector best to represent that person's interest has been served with a copy of the report or that part of it which affects him; and
(b)that person or his representative has been given a period of twenty-eight days to make representations to the inspector either in person or in writing;
(c)the inspector has considered any such representations and has notified the person concerned or his representative of his conclusions thereof, and of what changes, if any, he intends to make to the report; and
(d)the person or his representative has been given a further period of twenty-eight days in which he may submit to the inspector an alternative text for any passages in the report which are critical of the person and remain in issue.
(6)No person shall disclose any information furnished to him pursuant to paragraph (5), or permit such information to be disclosed, to any other person, save with the prior consent in writing of the inspector.
(7)The inspector on submitting the report to the Cabinet Secretary shall refer to any section of the report or part thereof and shall set out the substance of any representations made in response, together with his conclusions and a record of any action he has taken, and shall also quote in full any alternative texts submitted under paragraph (5) (d), and if the Cabinet Secretary decides to publish the report, he shall publish any such texts with it as an appendix, unless in his opinion there is good reason not to do so.

52. Release of information during investigation

Notwithstanding the provisions of regulation 51, the inspector may at any time during the course of any investigation release information as to material facts if in his opinion it is necessary or desirable to do so.

53. Recommendations

(1)Recommendations may be made by the inspector at any time during the course of an investigation.
(2)Recommendations shall be addressed to those persons or bodies who in the opinion of the inspector are most fitted to implement them and may be made public if the inspector considers that to do so is in the interests of safety.

54. Procedure where an inquest or fatal accident inquiry is held

(1)Where an inquest or fatal accident inquiry is to be held following an accident which has been subject to investigations, a report of the investigation may be made available to the inquest or fatal accident inquiry by the inspector.
(2)Where the investigation has taken the form of an inspector's inquiry and the procedure in paragraph (1) is followed, and the report has been put before the inquest or fatal accident inquiry, the inspector need not comply with regulation 52, but he shall not submit his report to the Cabinet Secretary until after the proceedings of the inquest or fatal accident inquiry and he shall include in his report the substance of evidence given at those proceedings as it relates to the inspector's findings.

55. Summaries of investigations

(1)The inspector shall prepare and publish collective summaries of investigations from time to time.
(2)A summary report of the circumstances of any accident which has been under investigation shall, if not published, be otherwise made available to any person requesting it who satisfies the inspector of his legitimate interest.
(3)A summary report shall not be published or otherwise made available if prosecution against any person in connection with the accident has began, unless the inspector is satisfied that nothing in its content would prejudice a fair trial.

56. Reopening of investigation

(1)The chief inspector may cause any investigation to be re-opened either generally or as to any part thereof and he shall do so if in his opinion—
(a)after the completion of the investigations new and important evidence has been discovered; or
(b)there is reasonable ground for suspecting that a miscarriage of justice has occured.
(2)Any investigation re-opened pursuant to paragraph (1) shall be subject to and conducted in accordance with the provisions of these Regulations relating to such an investigation.

57. Extension of time

The inspector, in respect of the periods of twenty-eight days prescribed in regulation 51 (5) (b) and (d), shall have the power to extend the said periods, and shall not unreasonably refuse to do so, and this power may be exercised notwithstanding that the prescibed period has expired.

58. Penalties

(1)A master, owner or officer who without reasonable cause fails to report an accident, serious injury or dangerous occurrence, as required by regulation 48 or fails to provide information as required by regulation 49 commits an offence and shall be liable on conviction to a fine not exceeding fifty thousand shillings.
(2)Any person who without reasonable cause fails to comply with the provisions of regulation 60, commits an offence and shall be liable on conviction to a fine not exceeding ten thousand shillings.
(3)Any person who discloses or permits to be disclosed information in contravention of regualtion 51 (6), commits an offence and shall be liable on conviction to a fine not exceeding three thousand shillings.

Part VII – DISQUALIFICATION OF HOLDER OF SEAMANS CERTIFICATES

59. Application

This part shall apply in relation to any certificate of competence issued under section 79 of the Act and to any other document issued under the Act other than one certifying that a person is qualified as an officer.

60. Notice of suspension or cancellation of certificate

(1)A notice served by the Cabinet Secretary shall be given to the holder of the certificate in the Form set out in the Third Schedule to these Regulations.
(2)Service of such notice shall be effected either by serving the holder of the certificate concerned personally or by sending it to him at his last known address by registered post or by recorded delivery service.

61. Representations

(1)Within six weeks of the receipts of such notice or such longer period as the Cabinet Secretary may allow, the holder of the certificate may inform the Cabinet Secretary of his intention to make written or oral representations to the Cabinet Secretary.
(2)In the case of a claim to make oral representations, the Cabinet Secretary shall agree with the holder of the certificate on suitable date and place for the oral representations to be heard and if no such agreement is reached they shall be heard at the address specified in the third Schedule on the last working day of the period for representations allowed by this regulation.
(3)If oral representations are to be made, the holder of the certificate may be accompanied by a legal representative who may advise him or speak on his behalf.
(4)Representations, whether written or oral, shall be made within ten weeks of receipt of the notice.

62. Notice of decision

(1)The Cabinet Secretary shall give the holder of a certificate, notice of his decision in the form set out in the fourth Schedule to these Regulations.
(2)Service of the notice referred to in this regulation shall be effected either by serving the holder of the certificate concerned personally or by delivering it to his last known address, or by sending it by post to his last known address.

Part VIII – MEDICAL EXAMINATION

63. [Revoked by Act No. 113 of 2012, s. 29.]

64. [Revoked by Act No. 113 of 2012, s. 29.]

65. [Revoked by Act No. 113 of 2012, s. 29.]

66. [Revoked by Act No. 113 of 2012, s. 29.]

67. [Revoked by Act No. 113 of 2012, s. 29.]

68. [Revoked by Act No. 113 of 2012, s. 29.]

69. [Revoked by Act No. 113 of 2012, s. 29.]

70. [Revoked by Act No. 113 of 2012, s. 29.]

71. [Revoked by Act No. 113 of 2012, s. 29.]

72. [Revoked by Act No. 113 of 2012, s. 29.]

73. [Revoked by Act No. 113 of 2012, s. 29.]

74. Penalties

(1)Any employer who contravenes regulation 66 commits an offence and shall on conviction be liable to a fine not exceeding ten thousand shillings.
(2)In any proceedings for an offence under this Regulation, it shall be a defence for the employer to show that all reasonable steps had been taken by him to ensure compliance with this Regulation.

Part IX – RADIO PERSONNEL

75. Radio personnel

(1)Every ship shall carry a person or persons qualified in distress and safety radio communications as specified in paragraph (3) of this regulation.
(2)A qualified person or persons for the purpose of paragraph (1) shall be holders of the certificates approved by the Cabinet Secretary and one such person shall be designated by the master to have primary responsibility for radio communications during distress incidents.
(3)Every person in charge of performing radio duties on a ship required to participate in the GMDSS shall hold appropriate certificates related to the GMDSS area, issued or recognized by the Cabinet Secretary, in addition, every candidate for the certification under this Part of the Regulations for service on a ship which is required by SOLAS 74 as amended, to have radio installation shall—
(a)not be less than 18 years;
(b)have completed approved education;
(c)meet the standards of competence specified in section A–IV/2 of the STCW Code.

FIRST SCHEDULE [r. 8]

CRITERIA FOR APPROPRIATE CERTIFICATES

COLUMN 1COLUMN 2
Master and Deck DepartmentRegulation annexed to the STCW Convention
Officer-in-charge of a navigational watch on any shipon voyages not limited to near-coastal voyagesRegulation 11/1.2
Master or chief mate on a ship of 3000 GT or moreRegulation 11/2.2
Master or chief mate on a ship of less than 3000 GTRegulation 11/2.4
Officer-in-charge of a navigational watch on a ship ofless than 500 GT engaged on near-coastal voyagesRegulation 11/3.4
Master on a ship of less than 500 GT engaged onnear-coastal voyagesRegulation 11/3.6
Engine DepartmentRegulation Annexed to STCW Convention
Officer-in-charge of an engineering watch, in a manned engine-room, or designated duty engineer officer in a periodically unmanned engine-room, on a ship powered by main propulsion machinery of 750 kW propulsion power or moreRegulation 111/1.2
Chief engineer officer and second engineer officer on a ship powered by main propulsion machinery of 3000 kW propulsion power or moreRegulation 111/2.2
Chief engineer officer and second engineer officer on a shill powered by main propulsion machinery of between750 and 3000 kW propulsion powerRegulation 111/3.2
  

SECOND SCHEDULE [r. 48 (3)]

DANGEROUS OCCURRENCES

1.Subject to paragraph 2 hereof, the following are dangerous occurrences required to be reported under regulation 48 (3) provided that they might have been liable, taking into account the circumstances of the occurrence, to cause serious injury or to cause damage to the health of any person—
(a)the fall of any person overboard;
(b)any fire or explosion;
(c)the collapse or bursting of any pressure vessel, pipeline or valve or the accidental ignition of anything in a pipeline;
(d)the collapse or failure of any lifting equipment, access equipment, hatch-cover, staging or bosun's chair or any associated load-bearing parts;
(e)the uncontrolled release or escapes of any harmful substance or agent;
(f)any collapse of cargo, unintended movement of cargo sufficient to cause a list, or loss of cargo overboard;
(g)any snagging of fishing gear which results in the vessel heeling to a dangerous angle;
(h)the parting of a tow-rope;
(i)any contact by a person with loose asbestos fibre except when full protective clothing is worn.
2.Occurrences which are accidents within the meaning of regulation 2 are not dangerous occurrences for the purposes of these Regulations.

THIRD SCHEDULE [r. 60 (1)]

NOTICE OF INTENTION TO SUSPEND OR CANCEL CERTIFICATE

1.This notice is given in respect of your certificate of competence No. ...................
2.The Cabinet Secretary gives you notice, pursuant to section 271(1) of the Merchant Shipping Act (Cap. 389) that it appears to him that you are unfit to be the holder of such a certificate and that he is considering the suspension or cancellation of your certificate.
3.You appear to be unfit to be the holder of such a certificate of competence for the following reasons:..................................................................................................................................................................................................................................................................................................................
4.You may within 6 weeks of receipt of this notice inform the Cabinet Secretary of your intention to make written or oral representations by completing and returning the final section of this notice. If at the end of that period you have not informed the Cabinet Secretary of your intention, the certificate will be cancelled without representations from you.
5.All communications concerning this notice should be addressed to the Chief Examiner, Ministry of Information, Transport and Communications, P.O. Box 52692, Nairobi.Date of ServiceMinistry of Information,Transport and Communications.I acknowledge receipt of your notice dated .................... concerning the proposed suspension/cancellation of my certificate of competence No. ............... and hereby inform you that:
(1)* I intend to make written representations which will be sent to you before .................
(2)* I intend to make oral representations and will be ready to do so not later than .....................; or
(3)* I do not wish to make any representations.Signed .....................................Dated ......................................*DeleteN.B. If you inform the Cabinet Secretary that you wish to make written or oral representations you must make such representations within ten weeks of receipt of this notice. If at the end of that period you have not informed the Cabinet Secretary, your certificate will be dealt with without further communication to you.

FOURTH SCHEDULE [r. 62(1)]

NOTICE OF DECISION CONCERNING SUSPENSION OR CANCELLATION OF CERTIFICATE

1.Notice is hereby given pursuant to section 271 of the Merchant Shipping Act that in relation to your certificate of competence* No. ............... the Cabinet Secretary after considering your representations, has decided:
(a)to suspend/cancel* your certificate.
(b)not to suspend/cancel your certificate.
2.Your certificate is suspended from .....................................for a period of ......................................................................
3.*The cancellation of your certificate takes effect from .........................
4.You are required to deliver your certificate to the Chief Examiner, at the Ministry of Information, Transport and Communications, Transcom House, Ngong Road, P.O. Box 52692, Nairobi, not later than .............................
5.If you require your case to be dealt with by an inquiry, you must notify the Ministry of Information, Transport and Communications at the address below before the date specified in paragraph 4 above, and unless you withdraw your requirement, the suspension/cancellation* of your certificate will not take effect except as ordered in pursuance of the inquiry._______________*Delete if not applicableWarning: A person who fails to deliver up a certificate for cancellation pursuant to sections 268 and 269 of the Merchant Shipping Act, commits an offence and is liable on conviction to a fine not exceeding KSh. 5,000.

FIFTH SCHEDULE [r. 8(1)]

CERTIFICATE OF COMPETENCE

No. 000000 No. 000000
   
CERTIFICATE OF COMPETENCE
Designation of Certificate  
Full Name of Holder: This is to certify that the holder of this certificate is qualified as
________________________ ________________________
 Place of Birth:and is entitled under the Merchant Shipping (Training, Certificate, Watchkeeping and
 ________________________Safe-Manning) Regulations, 2000 to serve in a merchant ship in any capacity of that class
 Date of Birth 
 ________________________This Certificate of Competence is subject to any endorsements as to its period of validity, limitation, extension or additional qualifications, where such is a requirement in accordance with the aboveRegulations.
 Height
Signature of Holder________________________Issued in recognition of meeting the requirements for issue of a certificate on
  ________________________
   
   
Date of IssueRegistrar of ShipsThe Merchant Shipping Act (Cap. 389) provides penalties for the fraudulent use or forgery of a Certificate of Competence.
r. 8 (2)
No. 00000No. 000000
CERTIFICATE OF ENDORSEMENT 
Issued under the provisions of the International Convention on Standards of Training, Certification and Watchkeeping for Seafarers, 1978, as amended in 1995The lawful holder of this certificate may serve in the capacity or capacities as________________________
The Government of the Republic of Kenya certifies that the present certificate issued to:with the following limitations only:________________________
Full Name of Holder: ______________________________________
Who has been found duly qualified in accordance with the provisions of regulations(s)________________________
________________________of the above Convention, as amended.________________________Date of issue of this endorsement
 ________________________Registrar of ships
This certificate in its original form must be kept available on board the ship when the holder is serving on such a ship in accordance with regulation 1-2 paragraph 9 of the Convention.

SIXTH SCHEDULE [r. 6(3)]

CERTIFICATE OF EQUIVALENT COMPETENCY

FORM 1

REPUBLIC OF KENYA

CERTIFICATE OF EQUIVALENT COMPETENCY

The Government of ...................... certifies that ..................... has been found duly qualified in accordance with the provisions of regulation ...................... of the above Convention as amended, and has been found competent to perform the following functions, at the levels specified, subject to any limitations indicated until ................... or until the date of expiry of any extension of the validity of this certificate as may be shown overleaf.
FunctionLevelLimitation Applying (if any)
   
   
   
   
   
The lawful holder of this certificate may serve in the following capacity or capacities specified in the applicable safe manning requirements by the Cabinet Secretary.
  2.6 (3)
Capacity Limitations Applying (if any)
 
Certificate No. ...................... issued on .............................
(Official seal) ________________
  Signature of duly authorized official
  ________________
  Name of duly authorized official
The original of this certificate must be carried on board the ship.Date of birth of the holder of the certificate ........................................Signature of the holder of the certificate ............................................Photograph of the holder of the certificate:
The validity of this certificate is hereby extended until ..............................................................
(Official Seal).........................................................................Signature of duly authorized official
Date revalidation.............................................................................Name of duly authorized official
The validity of this certificate is hereby extended until ................................
(Official Seal)..........................................................................Signature of duly authorized official
Date of revalidation......................................................................Name of duly authorized official
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History of this document

31 December 2022 this version
12 October 2012
20 April 2000
Published in Kenya Gazette 22
Commenced