The Merchant Shipping (Load Lines) Regulations

Legal Notice 93 of 2024

The Merchant Shipping (Load Lines) Regulations

Citation: Legal Notice 93 of 2024
Primary work: Merchant Shipping Act
Date: 7 June 2024
Language: English
Type: Legal Notice
Original enactment: Download original enactment (PDF) (673.1 KB)

Skip to document content

LAWS OF KENYA

MERCHANT SHIPPING ACT

THE MERCHANT SHIPPING (LOAD LINES) REGULATIONS

LEGAL NOTICE 93 OF 2024

Published in Kenya Gazette Vol. CXXVI—No. 81 on 7 June 2024
Commenced on 24 May 2024

Part I – PRELIMINARY

1. Citation

These Regulations may be cited as the Merchant Shipping (Load Lines) Regulations, 2024.

2. Interpretation

In these Regulations, unless the context otherwise requires─“Act” means the Merchant Shipping Act (Cap. 389);“anniversary date” means the date in each year which corresponds to the date of expiry of a certificate;“Authority” has the meaning assigned to it under section 2 of the Act;“approved” means approved by the Authority;“deck line” means the deck line as described under regulation 4;“freeboard” has the meaning assigned to it under section 2 of the Act;“fishing vessel” has the meaning assigned to it under section 2 of the Act;“international voyage” has the meaning assigned to it under section 261(3) of the Act;“length” means ninety six percent of the total length on a waterline at eighty five percent of the least moulded depth measured from the top of the keel, or the length from the fore-side of the stem to the axis of the rudder stock on that waterline if that be greater:

Provided that:(a)where the stem contour is concave above the waterline at eighty five percent of the least moulded depth, both the forward terminal of the total length and the fore-side of the stem respectively shall be taken at the vertical projection to that waterline of the after most point of the stem contour (above that waterline); and(b)in ships designed with a rake of keel, the waterline on which this length is measured shall be parallel to the designed waterline;“load line certificate” means International Load Line Certificate or Kenya Load Line Certificate, as the case may be, issued in accordance with regulation 8;“Load Lines Convention” has the meaning assigned to it under section 261 of the Act;“load line exemption certificate” has a certificate issued in accordance with regulation 12.

3. Objects of these Regulations

The objects of the regulations are to provide for—

(a)the determination of load lines to be assigned to Kenyan ships;

(b)the survey, inspection and certification of ships;

(c)the marking of ships; and

(d)the applicable load line requirements in different zones, areas and seasonal periods.

4. Scope of application

(1)These Regulations shall apply to Kenyan registered ships, wherever they may be and foreign registered ships while they are in Kenyan waters.

(2)Pursuant to section 262 and 263(1) of the Act, these Regulations shall not apply to—

(a)ships of war;

(b)ships solely engaged in fishing; and

(c)pleasure vessels not engaged in trade.

5. Determination of load lines

A load line applies shall be determined in accordance with the provisions of Annex I of the Load Lines Convention.

6. Deck line

(1)The deck-line shall be in the form specified in figure 1 set out in the First Schedule.

(2)The deck line shall be marked in the manner specified in the Schedule.

7. Load line mark

(1)A load line shall be in the form specified in figure 2 the First Schedule.

(2)A load line shall be marked in the manner specified in the First Schedule.

8. Determination of load line

A load line applies shall be determined in accordance with the provisions of Annex I of the Load Lines Convention.

9. Surveys

(1)A ship to which these Regulations applies shall be subjected to an initial survey, renewal survey and an annual survey for purposes of these Regulations.

(2)An in initial survey shall be undertaken before the ship is put in service to ensure that the arrangements, materials and scantlings complies with these Regulations.

(3)A renewal survey shall be undertaken every five years from the date of completion of the previous survey to ensure that the structure, equipment, arrangements, materials and scantlings complies with these Regulations.

(4)An annual survey shall be undertaken three months before or after each anniversary date of the certificate to ensure that—

(a)no alterations have been made to the hull or superstructures which would affect the calculations determining the position of the load line;

(b)the fittings and appliances for the protection of openings guard rails, freeing ports and means of access to crew quarters are maintained in an effective condition;

(c)the freeboard marks are correctly and permanently indicated; and

(d)the information required to be supplied to the master of a new ship is provided.

10. Requirement for load line certificate

(1)Pursuant to section 270 of the Act, no ship shall proceed to sea without a valid load line certificate issued in accordance with these Regulations.

(2)A person who contravenes subregulation (1) commits an offence and is liable to the penalty under section 270(3) of the Act.

11. Application for a load line certificate

(1)An application for a load line certificate shall be made to the Director General in the form set out in the Second Schedule and accompanied by the fee specified in the Merchant Shipping (Fees) Regulations, 2011 (L.N. No 192 of 2011).

(2)Upon receipt of an application under this regulation, the Director General shall—

(a)evaluate whether the applicant meets the requirements to apply in the respective type of load line certificate;

(b)cause the ship to be surveyed and inspected to determine if it meet the requirements for certification; and

(c)ensure the nature and stowage of the cargo and ballast are such as to secure sufficient stability of the ship and the avoidance of excessive structural stress.

(3)Within thirty days of receipt of an application under subregulation (2), the Director General shall make a determination and may—

(a)approve the application and issue—

(i)in the case of a pre-1966 Convention ship of not less than 150 gross tonnage, an International Load Line Certificate in the form set out in the Second Schedule;

(ii)in the case of a post-1966 Convention ship of not less than 24 meters in length, an International Load Line Certificate in the form set out in the Second Schedule; and

(iii)in the case of any other ship, issue a Kenya Load Line Certificate in the form set out in the Second Schedule.

(b)reject the application and notify the applicant of the decision indicating the reasons thereof.

12. Validity of load line certificate

(1)A load line certificate shall, unless earlier revoked, be valid for a period of five years from the date of completion of the initial survey or the renewal survey.

(2)Despite subregulation (1), the validity of a load line certificate may be extended for a period not exceeding five months if—

(a)the load line certificate is still in force;

(b)the ship has undergone a renewal survey and meets the requirements of these Regulations; and

(c)it is not reasonably practicable to issue a new load line certificate before the expiry of the current certificate.

(3)An extension under subregulation (2) shall not take effect unless the date to which the period of validity is extended and the place at, and the date on, which such extension was given are endorsed by the Director General on the current certificate.

13. Marking of the load line

(1)Upon issuance of a load line certificate under regulation 9, the Director General shall cause the ship to be marked with a load line mark in the manner set out in the First Schedule.

(2)The offences provided under section 266 shall apply to load line marks.

14. Load line exemption certificate

(1)Pursuant to section 280 of the Act, a ship required to obtain a load line certificate may be exempted from the provisions of these Regulations.

(2)An application for an exemption certificate under subregulation (1) shall be made to the Director General in the form set out in the Second Schedule and accompanied by the fee specified in the Merchant Shipping (Fees) Regulations, 2011.

(3)Within thirty days of receipt of an application under subregulation (2), the Director General shall make a determination and may—

(a)approve the application subject to such conditions as the Director General may specify, and issue—

(i)an International Load Line Exemption Certificate in the form set out in the Second Schedule; or

(ii)a Kenya Load Line Exemption Certificate in the form set out in the Second Schedule.

(b)reject the application and notify the applicant of the decision indicating the reasons thereof.

15. Validity of load line exemption certificate

A load line exemption certificate shall be valid—

(a)in the case of a single voyage, for the duration of the single voyage for which it is issued; or

(b)in any other case, for a period not exceeding five years.

16. Termination of a certificate

A load line certificate or a load line exemption certificate shall cease to be valid if—

(a)material alterations have taken place in the hull or superstructures of the ship such as would necessitate the assignment of an increased freeboard;

(b)the fittings and appliances for the protection of openings guard rails, freeing ports and means of access to crew quarters are not maintained in an effective condition;

(c)the certificate has not been endorsed to show that the ship has been surveyed in accordance with regulation 8;

(d)the structural strength of the ship is lowered to such an extent that the ship is unsafe; or

(e)upon transfer of the ship to the flag of another State.

17. Load line requirements for zones, areas and seasonal periods

A ship to which these Regulations apply shall comply with the requirements applicable to that ship in the zones, areas and seasonal periods provided in Annex II of the Load Lines Convention.

(2)For purposes of sub regulation (1), a port standing on the boundary line between two zones or areas shall be regarded as within the zone or area from or into which the ship arrives or departs.

18. Repairs, alterations and modifications

(1)A ship which undergoes repairs, alterations, modifications and outfitting shall continue to comply with the load line requirements applicable during the laying of the keel.

(2)An existing ship shall comply to a lesser extent with the requirements of a new ship.

(3)Any repairs, alterations and modifications of a major character and outfitting shall meet the requirements of the a new ship in so far as the Authority deems reasonable and practicable.

19. Maintenance of surveyed conditions

Upon survey and inspection of a ship for purposes of these Regulations, no change shall be made in the structure, equipment, arrangements, material or scantlings covered by the survey, without the approval of the Director General.

20. Submersion

Without prejudice to the provisions of section 265 of the Act, the appropriate load lines on the sides of the ship corresponding to the season of the year and the zone or area in which the ship may be shall not be submerged at any time when the ship puts to sea, during the voyage or on arrival.

(2)When a ship is in fresh water of unit density, the appropriate load line may be submerged by the amount of the fresh water allowance shown on the International Load Line Certificate:Provided that where the density is other than unity, an allowance shall be made proportional to the difference between 1.025 and the actual density.

(3)When a ship departs from a port situated on a river or inland waters, deeper loading shall be permitted corresponding to the weight of fuel and all other materials required for consumption between the point of departure and the sea.

(4)The offences provided under section 265 shall apply to submersion of load lines.

21. Availability of certificates

The certificates issued under these Regulations shall be readily available on board for examination at all times.

22. Appeal

A person aggrieved by the decision of the Director General under these Regulation may appeal in accordance with the respective procedure set out under the Act.

23. Offence

An owner, master of a ship person who contravenes the requirements of these Regulations relating to certification, survey or maintenance of obligations upon certification commits an offence and shall be liable, upon conviction to the penalty provided under section 264(2) of the Act.

FIRST SCHEDULE [r.5]

THE DECKLINE AND LOADLINE MARK

Mark of assigning Authority1. The mark of the Authority by whom the load lines are assigned may be indicated alongside the load line ring above the horizontal line which passes through the centre of the ring, or above and below it.2. This mark shall consist of not more than four initials to identify the Authority' s name, each measuring approximately 115 mm in height and 75 mm in width. Details of marking of load lines1. The ring, lines and letters shall be painted in white or yellow on a dark ground or in black on a light ground.2. They shall also be permanently marked on the sides of the ships to the satisfaction of the Administration.3. The marks shall be plainly visible and, if necessary, special arrangements shall be made for this purpose.