The Merchant Shipping (Tonnage Measurement) Regulations

Legal Notice 94 of 2024

The Merchant Shipping (Tonnage Measurement) Regulations

Citation: Legal Notice 94 of 2024
Primary work: Merchant Shipping Act
Date: 7 June 2024
Language: English
Type: Legal Notice
Original enactment: Download original enactment (PDF) (307.9 KB)

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LAWS OF KENYA

MERCHANT SHIPPING ACT

THE MERCHANT SHIPPING (TONNAGE MEASUREMENT) REGULATIONS

LEGAL NOTICE 94 OF 2024

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

1. Citation

These Regulations may be cited as the Merchant Shipping (Tonnage Measurement) Regulations, 2024.

2. Interpretation

In these Regulations, unless the context otherwise requires—“Act” means the Merchant Shipping Act; Cap. 389“amidships” means the mid-point of the length as defined below;“breadth” means the maximum breadth of the ship, measured amidships to the moulded line of the frame in a ship with a metal shell and to the outer surface of the hull in a ship with a shell of any other material;“break” means the space bounded longitudinally by a side-to-side upward step in the lowest line of the upper deck and another such step or the end of the ship, transversely by the sides of the ship and vertically by the higher part of the deck and the lowest line of the upper deck continued parallel thereto;“cargo spaces” means enclosed spaces which are included in the computation of gross tonnage and are appropriated for the transport of cargo to be discharged from the ship and which are permanently marked with the letters “CC” which mean cargo compartment, such letters being not less than one hundred millimeters in height and so positioned as to be readily visible;“depth” means the vertical distance measured from the top of the keel of a metal ship, or in wood and composite ships from the lower edge of the keel rabbet to the underside of the upper deck at side, or, in the case of a ship which is not fully decked, to the top of the upper strake or gunwale, save that—(a)where the form at the lower part of the midship section is of a hollow character, or where thick garboards are fitted, the distance is measured from the point where the line of the flat of the bottom continued inwards cuts the side of the keel;(b)in the case of a glass reinforced plastic ship where no keel member is fitted and the keel is of open trough construction, the distance is measured from the top of the keel filling, if any, or the level at which the inside breadth of the trough is one hundred millimetres, whichever gives the lesser depth;(c)in ships having rounded gunwales, the depth measured to the point of intersection of the moulded lines of the deck and side shell plating, the lines extending as through the gunwales were of angular design; and(d)where the upper deck is stepped and the raised part of the deck extends over the point at which the moulded depth is to be determined, the depth measured to a line of reference extending from the lower part of the deck along a line parallel to the raised part and for the purpose of this definition of moulded depth;“enclosed spaces” means—(a)all those spaces, other than excluded spaces, which are bounded by the ship's hull, by fixed or portable partitions or bulkheads, or by decks or coverings other than permanent or moveable awnings and without limiting the generality of the foregoing, no break in a deck, nor any opening in the ship's hull, a deck, a covering of a space, or the partitions or bulkheads of a space, nor the absence of a partition or bulkhead, precludes a space from being included in the enclosed spaces; and(b)any such space which fulfils at least one of the following conditions shall be treated as an enclosed space—(i)a space fitted with shelves or other means for securing cargo or stores;(ii)a space fitted with any means of closing the openings therein;(ii)a space constructed in such a way so that there exists any possibility of an opening mentioned in paragraph (b) being closed;“existing ship” means the ship which is not a new ship;“fixed permanent structure” includes any portion of the hull which is capable of being detached, but which must be fixed in place during the normal operation of the vessel but does not include functional arrangements such as safety rails, bowsprits, pulpits, stem head fittings, rudders, steering gear, outdrives, outboard motors, propulsion machinery, diving platforms, boarding platforms, rubbing strips and fenders;“foreign ship” has the meaning assigned to it under section 2 of the Act;“gross tonnage” means the measure of the overall size of a ship determined in accordance with the provisions of these regulations;“length” means the greater of the following distances—(a)the distance between the foreside of the stem and the axis of the rudder stock; or(b)ninety-six percent of the distance between the foreside of the stem and the aft side of the stern,the said points and measurements being taken respectively at and along a waterline at eighty-five per cent of the least moulded depth of the ship, the waterline, being taken to be parallel to the designed waterline in the case of a ship having a rake of keel;“length overall” means the distance between the foreside of the foremost fixed permanent structure and the after side of the aftermost permanent structure;“Load Lines Convention” has the meaning assigned to it under section 261(1) of the Act;“moulded depth” and in the case of a ship of less than twenty-four meters in length;“moulded draught” means—(a)for ships assigned load lines in accordance with the applicable Regulations, the draught corresponding to the summer load line, other than timber load lines;(b)for passenger ships, the draught corresponding to the deepest subdivision load line assigned in accordance with the Convention;(c)for ships to which no load line has been assigned but the draught of which is restricted by the Director-General, the maximum permitted draught; or(d)for other ships, seventy-five percent of the moulded depth amidships;“net tonnage” means the measure of the useful capacity of a ship determined in accordance with the provisions of these Regulations;“new ship” has the meaning assigned to it under section 2 of the Act;“passenger” has the meaning assigned to it under section 2 of the Act;“Safety Convention” has the meaning assigned to it under section 229 of the Act;“Tonnage Convention” has the meaning assigned to it under section 2 of the Act;“upper deck” means the uppermost complete deck exposed to weather and sea, which has a permanent means of weathertight closing all openings in the weather part thereof, and below which all openings in the sides of the ship are fitted with permanent means of watertight closing and in a ship having a stepped upper deck, the lowest line of the exposed deck and the continuation of that line parallel to the upper part of the deck; and“weathertight” means that in any sea conditions water will not penetrate into the ship.

3. Objects of the Regulations

The objects of these Regulations are to—

(a)determine the tonnage measurement of a ship;

(b)provide for issuance of tonnage certificate; and

(c)provide for restriction of carriage of goods.

4. Application of Regulations

(1)These Regulations shall apply to the measurement of tonnage in respect of ships registered under Part IV of the Act and in particular to—

(a)ships registered or entitled to be registered in Kenya;

(b)ships licensed under section 57 of the Act; and

(c)foreign ships while in Kenyan waters.

(2)Unless otherwise provided, these Regulations shall not apply to—

(a)ships of war; and

(b)ships solely engaged in voyages within—

(i)the Great Lakes of North America and the River St. Lawrence as far east as a rhumb line drawn from Cap des Rosiers to West Point, Anticosti Island, and, on the north side of Anticosti Island, the meridian of longitude 63° W;

(ii)the Caspian Sea; or

(iii)the Plate, Parana and Uruguay Rivers as far east as a rhumb line drawn between Punta Rasa (Cabo San Antonio), Argentina, and Punta del Este, Uruguay.

5. Survey to determine tonnages

A survey shall be conducted to determine the gross and net tonnage of a ship.

6. Determination of gross tonnage

The gross tonnage of a ship, of twenty four meters and above in length, shall be determined by the formula—GT = K1 Vwhere—GT= gross tonnageV = total volume of all enclosed spaces of the ship in cubic meters;K1 = 0.2+0.02 log10 V.

7. Determination of net tonnage

The net tonnage of a ship, of twenty-four meters and above in length, shall be determined by the following formula—

(a)for ships to which the Load Lines Convention, the draught corresponding to the summer load line (other than timber load lines) assigned in accordance with the Merchant Shipping (Load Line) Regulations 2024;

(b)for passenger ships, the draught corresponding to the deepest subdivision load line assigned in accordance with the Safety Convention or other international agreement, where applicable;

(c)for ships to which the Load Lines Convention does not apply but which have been assigned a load line in compliance with national requirements, the draught corresponding to the summer load line so assigned;

(d)for ships to which no load line has been assigned but the draught of which is restricted in compliance with national requirements, the maximum permitted draught; and

(e)for other ships, seventy-five percent of the molded depth amidships.

(3)A ship to which the load lines referred to in subregulation (2)(a) and (2)(b) are concurrently assigned shall be given only one net tonnage as determined in accordance with this regulation and that tonnage shall be the tonnage applicable to the appropriate assigned load line for the trade in which the ship is engaged.

8. Calculation of volumes

(1)The volumes included in the calculation of gross and net tonnage shall be measured, irrespective of the fitting of insulation or the like, to the—

(a)inner side of the shell or structural boundary plating in ships constructed of metal; and

(b)outer surface of the shell or to the inner side of structural boundary surfaces in ships constructed of any other material.

(2)The volumes of appendages shall be included in the total volume.

(3)The volumes of spaces open to the sea may be excluded from the total volume.

9. Measurement and calculation

(1)All measurements used in the calculation of volumes shall be taken to the nearest centimeter or one-twentieth of a foot.

(2)The volumes shall be calculated as follows—

(a)the calculation of volume of the hull and poops and forecastles, shall be made by the utilization of Simpson’s First Rule, which rule shall also be used to calculate the area of component sections having curvilinear boundaries;

(b)The length of the space shall be divided into a number of equal parts, as follows—

Length	No. of equal parts
Less than 9 meters	2
More than 9 meters but not less than 15 meters	4
More than 15 meters but not exceeding 36 meters	6
More than 36 meters but not exceeding 55 meters	8
More than 55 meters but not exceeding 68 meters	10
More than 68 meters	12

(c)at each point of division of the length, the transverse area of the ship shall be calculated by subdividing the length into four equal parts where it is less than five meters, or into six equal parts where it exceeds five meters, and measuring the breaths at each subdivision to be used as ordinates;

(d)the lowest breath shall be taken as the breath of the section to the point of commencement of the round of bilge or as zero if the rise of floor is excess of two degrees;

(e)where a ship has a curvilinear round of beam, it shall be take into account by subtracting one of third of its value at each at each station from the depth and where the round of beam is composite shape, it shall be treated as an appendage to the area;

(f)where a ship has a raked transom stern, the length of the hull shall be measured to the aftermost vertical section, and the volume of the hull abaft this section shall be treated as an appendage;

(g)the volume of spaces above the upper deck having curvilinear boundaries shall be calculated by multiplying the horizontal area of the space at mid height by the mean height thereof;

(h)to calculate the horizontal area, the length of the space shall be subdivided into a number of equal parts and the breaths measured at each point of subdivision be used as ordinates.

(4)The volume of the hull up to the upper deck of any ship of less than twenty four meters in length, in the case of on existing ship shall, and in the case of a new ship in respect of which insufficient data exists may be calculated according to the formula—V= KxLxBxDWhere:V = the volume of the hull up to the upper deckK= 0.65 in the case of ships having a standard sheer profile determines in accordance with the provisions of the Merchant Shipping (Load Line) Regulations, 2024 and 0.60 in the case of ships having substantially less than standard sheer;L = the length on the upper deck;B = the breath;D = the moulded depth:Provided that in the case of vessels if unusual form the Director General may require the volume to be calculated by another method if he is satisfied that more accurate result will be obtained.

(5)The calculation shall be sufficiently detailed to permit checking.

(6)The gross tonnage and net tonnage shall be expressed as whole numbers and decimals shall be rounded off downwards.

10. Measurement of tonnage for ships below twenty-four meters

(1)The gross tonnage of ships of less than twenty-four metres in length shall be estimated by the following formula—GT = K₁ Vwhere K₁ = 0.2+0.02 log₁₀V;V = a (length overall x breadth x depth)a = 0.4974 + (0.0255 X Length overall)

(2)The net tonnage shall be estimated by the following formula—NT=0.3GT

(3)The gross and net tonnage shall be expressed as whole numbers and decimals shall be rounded off downward for tonnage greater than one.

(4)The tonnage of a ship below twenty-four meters whose tonnage was determined prior to commencement of these Regulations shall remain in force until the expiry of the seaworthiness certificate.

11. Tonnage certificate

(1)An application for an International Tonnage certificate shall be made in the form set out in the First Schedule and accompanied by the fee specified Merchant Shipping (Fees) Regulations, 2011. (L. N. 192 of 2011).

(2)Upon ascertaining the gross tonnage and the net tonnage, the Director General shall consider the application and may—

(a)issue an International Tonnage Certificate to ships of twentyfour metres and above in the form set out in the Schedule;

(b)reject the application and notify the applicant of the decision together with the reason for the refusal within thirty days from the date of lodging the application.

(3)The Director General may authorize a Party to the Convention to cause a Kenyan ship to have the gross and net tonnages determined and issue or authorise the issuance of an International Tonnage Certificate.

(4)The Director General may, upon request from a Party to the Tonnage Convention, may cause a foreign ship to have the gross and net tonnage determined and issue or authorise the issuance of an International Tonnage Certificate to that ship.

12. Change of net tonnage necessitating issue of certificate

(1)Where alterations in the values of V, Vc, d, N1 or N2 as defined in regulations 5 and 6 results in an increase in the net tonnage, a new International Tonnage Certificate incorporating the increase in net tonnage shall be issued.

(2)Where the values of V, Vc, d, N1 or N2 as defined in regulations 5 and 6 or when the appropriate assigned load line referred to in regulation 6(3) is altered due to the change of the trade in which the ship is engaged, and the alteration results in a decrease in its net tonnage as determined under regulation 6, a new International Tonnage Certificate incorporating the net tonnage so determined shall not be issued until twelve months have elapsed from the date on which the current Certificate was issued:Provided that this requirement shall not apply—

(a)if the ship is transferred to the flag of another State;

(b)if the ship undergoes alterations or modifications which are deemed by the Authority to be of a major character, such as the removal of a superstructure which requires an alteration of the assigned loadline; or

(c)to passenger ships which are employed in the carriage of large numbers of unberthed passengers in special trades, such, for example, as the pilgrim trade.

(3)The owner of a Kenyan ship which requires alterations or modifications that would result in an increase in the gross or net tonnage of the ship shall notify the Director General in writing of the intended alteration or modification.

(4)The notification under subregulaiton (3) shall specify details of the nature and extent of the alterations or modifications which shall include the—

(a)the plans of the ship containing the proposed alterations or modifications;

(b)copy of the current tonnage certificate;

(c)approval from the classification society, if any; and

(d)any other relevant document.

(5)An owner or master of a ship who fails to notify the Director General of alterations under subregulation (3) commits an offence and shall be liable, upon conviction, to the penalty stipulated under section 412A of the Act.

13. Cancellation of certificate

(1)Subject to any exceptions provided in these Regulations, an International Tonnage Certificate shall cease to be valid if—

(a)alterations have taken place in the arrangement, construction, capacity, use of spaces, total number of passengers the ship is permitted to carry as indicated in the ship's passenger certificate or assigned load line or permitted draught of the ship, such as would necessitate an increase in gross tonnage or net tonnage;

(b)upon transfer of such a ship to the flag of another State, except as provided in subregulation (2).

(2)Upon transfer of a Kenyan registered ship to the flag of another State Party, the International Tonnage Certificate shall remain in force for a period not exceeding three months.

(3)Upon transfer of a ship from another State Party to the Kenyan registry, the International Tonnage Certificate shall remain in force for a period not exceeding three months.

(4)Any certificate cancelled under this regulation shall be surrendered to the Director General within thirty days of cancellation.

(5)An owner or master who without reasonable cause fails to surrender a canceled certificate as required by subregulation (4), commits an offence and shall be liable, on conviction, to the penalty provided under section 60 (6) of the Act.

14. Prohibition of carriage in spaces not included in the net tonnage

(1)The carriage of goods or stores in spaces not included in the net tonnage as determined under this Regulations is prohibited.

(2)An owner or master who allows the carriage of goods or stores in spaces not included in the net tonnage under subregulation (1) commits an offence and shall be liable, on conviction, to the penalty stipulated under section 60 (2)(c) of the Act.

15. Appeals

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.

SCHEDULE

APPLICATION FORM FOR INTERNATIONAL TONNAGE CERTIFICATE (r. 12(1)

If signed, the following paragraph is to be added:The undersigned declares that he or she is duly authorized by the Government of the Republic of Kenya to issue this certificate.....................................................................................................(Signature)

THE REVERSE OF CERTIFICATE:

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History of this document

07 June 2024 this version

Published in Kenya Gazette 81

24 May 2024

Commenced

Cited documents 1

Act 1

1.	Merchant Shipping Act	44 citations

The Merchant Shipping (Tonnage Measurement) Regulations

Legal Notice 94 of 2024

The Merchant Shipping (Tonnage Measurement) Regulations

LAWS OF KENYA

MERCHANT SHIPPING ACT

THE MERCHANT SHIPPING (TONNAGE MEASUREMENT) REGULATIONS

LEGAL NOTICE 94 OF 2024

1. Citation

2. Interpretation

3. Objects of the Regulations

4. Application of Regulations

5. Survey to determine tonnages

6. Determination of gross tonnage

7. Determination of net tonnage

8. Calculation of volumes

9. Measurement and calculation

10. Measurement of tonnage for ships below twenty-four meters

11. Tonnage certificate

12. Change of net tonnage necessitating issue of certificate

13. Cancellation of certificate

14. Prohibition of carriage in spaces not included in the net tonnage

15. Appeals

SCHEDULE

APPLICATION FORM FOR INTERNATIONAL TONNAGE CERTIFICATE (r. 12(1)

History of this document

07 June 2024 this version

24 May 2024

Cited documents 1

Act 1

Documents citing this one 0