CHAPTER V

SAFETY OF NAVIGATION

 

With amendments

 

 

  Regulation 1.
Application

 

1. Unless expressly provided otherwise, this chapter shall apply to all ships on all voyages, except:

 

.1 warships, naval auxiliaries and other ships owned or operated by a Contracting Government and used only on government non-commercial service; and

 

.2 ships solely navigating the Great Lakes of North America and their connecting and tributary waters as far east as the lower exit of the St. Lambert Lock at Montreal in the Province of Quebec, Canada.

 

However, warships, naval auxiliaries or other ships owned or operated by a Contracting Government and used only on government noncommercial service are encouraged to act in a manner consistent, so far as reasonable and practicable, with this chapter.

 

2. The Administration may decide to what extent this chapter shall apply to ships operating solely in waters landward of the baselines which are established in accordance with international law.

 

3. A rigidly connected composite unit of a pushing vessel and associated pushed vessel, when designed as a dedicated and integrated tug and barge combination, shall be regarded as a single ship for the purpose of this chapter.

 

4. The Administration shall determine to what extent the provisions of regulations 15, 16, 17, 18, 19, 20, 21, 22, 23, 24, 25, 26, 27, and 28 do not apply to the following categories of ships:

 

.1 ships below 150 gross tonnage engaged on any voyage;

 

.2 ships below 500 gross tonnage not engaged on international voyages; and

 

.3 fishing vessels.

 

  Regulation 2.
Definitions

 

For the purpose of this chapter: 1 Constructed in respect of a ship means a stage of construction where:

 

.1 the keel is laid; or

 

.2 construction identifiable with a specific ship begins; or

 

.3 assembly of the ship has commenced comprising at least 50 tonnes or 1 % of the estimated mass of all structural material whichever is less.

 

2. Nautical chart or nautical publication is a special-purpose map or book, or a specially compiled database from which such a map or book is derived, that is issued officially by or on the authority of a Government, authorized Hydrographic Office or other relevant government institution and is designed to meet the requirements of marine navigation*.

 

3. All ships means any ship, vessel or craft irrespective of type and purpose.

 

4. Length of a ship means its length overall.

 

5. Search and rescue service. The performance of distress monitoring, communication, co-ordination and search and rescue functions, including provision of medical advice, initial medical assistance, or medical evacuation, through the use of public and private resources including co-operating aircraft, ships and vessels and other craft and installations.

  Regulation 3.
Exemptions and equivalents

 

1. The Administration may grant general exemptions to ships without mechanical means of propulsion from the requirements of regulations 15, 17, 18, 19 (except 19.2.1.7), 20, 22, 24,25, 26, 27 and 28.

 

2. The Administration may grant to individual ships exemptions or equivalents of a partial or conditional nature, when any such ship is engaged on a voyage where the maximum distance of the ship from me shore, the length and nature of the voyage, the absence of general navigational hazards, and other conditions affecting safety are such as to render the full application of this chapter unreasonable or unnecessary, provided that the Administration has taken into account the effect such exemptions and equivalents may have upon the safety of all other ships.

 

3. Each Administration shall submit to the Organization, as soon as possible after 1 January in each year, a report summarising all new exemptions and equivalents granted under paragraph 2 of this regulation during the previous calendar year and giving the reasons for granting such exemptions and equivalents. The Organization shall circulate such particulars to other Contracting Governments for information.

 

  Regulation 4.
Navigational warnings

 

Each Contracting Government shall take all steps necessary to ensure that, when intelligence of any-dangers is received from whatever reliable source, it shall be promptly brought to the knowledge of those concerned and communicated to other interested Governments**.

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* Refer to appropriate resolutions and recommendations of the International Hydro-graphic Organization concerning the authority and responsibilities of coastal States in the provision of charting in accordance with regulation 9.

** Refer to World-Wide Navigational Warning Service adopted by the Organization by resolution A.706(17), as amended.

 

  Regulation 5.
Meteorological services and warnings

 

1. Contracting Governments undertake to encourage the collection of meteorological data by ships at sea and to arrange for their examination, dissemination and exchange in the manner most suitable for the purpose of aiding navigation*. Administrations shall encourage the use of meteorological instruments of a high degree of accuracy, and shall facilitate the checking of such instruments upon request. Arrangements may be made by appropriate national meteorological services for this checking to be undertaken, free of charge to the ship.

 

2. In particular, Contracting Governments undertake to carry out, in co-operation, the following meteorological arrangements:

 

.1 to warn ships of gales, storms and tropical cyclones by the issue of information in text and, as far as practicable graphic form, using the appropriate shore-based facilities for terrestrial and space radiocommunications services;

 

.2 to issue, at least twice daily, by terrestrial and space radio-communication services**, as appropriate, weather information suitable for shipping containing data, analyses, warnings and forecasts of weather, waves and ice. Such information shall be transmitted in text and, as far as practicable, graphic form including meteorological analysis and prognosis charts transmitted by facsimile or in digital form for reconstitution on board the ship's data processing system;

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* Refer to resolution A.528(13) — Recommendation on Weather Routeing.

** Refer to regulations IV/7.1.4 and IV/7.1.5.

 

.3 to prepare and issue such publications as may be necessary for the efficient conduct of meteorological work at sea and to arrange, if practicable, for the publication and making available of daily weather charts for the information of departing ships;

 

.4 to arrange for a selection of ships to be equipped with tested marine meteorological instruments (such as a barometer, a barograph, a psychrometer, and suitable apparatus for measuring sea temperature) for use in this service, and to take, record and transmit meteorological observations at the main standard times for surface synoptic observations (i.e. at least four times daily, whenever circumstances permit) and to encourage other ships to take, record and transmit observations in a modified form, particularly when in areas where shipping is sparse;

 

.5 to encourage companies to involve as many of their ships as practicable in the making and recording of weather observations; these observations to be transmitted using the ship's terrestrial or space radiocommunications facilities for the benefit of the various national meteorological services;

 

.6 the transmission of these weather observations is free of charge to the ships concerned;

 

.7 when in the vicinity of a tropical cyclone, or of a suspected tropical cyclone, ships should be encouraged to take and transmit their observations at more frequent intervals whenever practicable, bearing in mind navigational preoccupations of ships' officers during storm conditions;

 

.8 to arrange for the reception and transmission of weather messages from and to ships, using the appropriate shore-based facilities for terrestrial and space radiocommunications services;

 

.9 to encourage masters to inform ships in the vicinity and also shore stations whenever they experience a wind speed of 50 knots or more (force 10 on the Beaufort scale); and

 

.10 to endeavour to obtain a uniform procedure in regard to the international meteorological services already specified, and as far as practicable, to conform to the technical regulations and recommendations made by the World Meteorological Organization, to which Contracting Governments may refer, for study and advice, any meteorological question which may arise in carrying out the present Convention.

 

3. The information provided for in this regulation shall be furnished in a form for transmission and be transmitted in the order of priority prescribed by the Radio Regulations. During transmission "to all stations" of meteorological information, forecasts and warnings, all ship stations must conform to the provisions of the Radio Regulations.

 

4. Forecasts, warnings, synoptic and other meteorological data intended for ships shall be issued and disseminated by the national meteorological service in the best position to serve various coastal and high seas areas, in accordance with mutual arrangements made by Contracting Governments, in particular as defined by the World Meteorological Organization's System for the Preparation and Dissemination of Meteorological Forecasts and Warnings for the High Seas under the Global Maritime Distress and Safety System (GMDSS).

 

  Regulation 6.
Ice Patrol Service

 

1. The Ice Patrol contributes to safety of life at sea, safety and efficiency of navigation and protection of the marine environment in the North Atlantic. Ships transiting the region of icebergs guarded by the Ice Patrol during the ice season are required to make use of the services provided by the Ice Patrol.

 

2. The Contracting Governments undertake to continue an ice patrol and a service for study and observation of ice conditions in the North Atlantic. During the whole of the ice season, i.e. for the period from February 15th through July 1st of each year, the south-eastern, southern and south-western limits of the region of icebergs in the vicinity of the Grand Banks of Newfoundland shall be guarded for the purpose of informing passing ships of the extent of this dangerous region; for the study of ice conditions in general, and for the purpose of affording assistance to ships and crews requiring aid within the limits of operation of the patrol ships and aircraft. During the rest of the year the study and observation of ice conditions shall be maintained as advisable.

 

3. Ships and aircraft used for the ice patrol service and the study and observation of ice conditions may be assigned other duties provided that such other duties do not interfere with the primary purpose or increase the cost of this service.

 

4. The Government of the United States of America agrees to continue the overall management of the ice patrol service and the study and observation of ice conditions, including the dissemination of information therefrom.

 

5. The terms and conditions governing the management, operation and financing of the Ice Patrol are set forth in the Rules for Management, Operation and Financing of the North Atlantic Ice Patrol appended to this chapter which shall form an integral part of this chapter.

 

6. If, at any time, the United States and/or Canadian Governments should desire to discontinue providing these services it may do so, and the Contracting Governments shall settle the question of continuing these services in accordance with their mutual interests. The United States of America and/or Canadian Governments shall provide 18 months written notice to all Contracting Governments whose ships entitled to fly their flag and whose ships registered in territories to which those Contracting Governments have extended this regulation benefit from these services before discontinuing providing these services.

 

  Regulation 7.
Search and rescue services

 

1. Each Contracting Government undertakes to ensure that necessary arrangements are made for distress communication and co-ordination in their area of responsibility and for the rescue of persons in distress at sea around its coasts. These arrangements shall include the establishment, operation and maintenance of such search and rescue facilities as are deemed practicable and necessary, having regard to the density of the seagoing traffic and the navigational dangers and shall, so far as possible, provide adequate means of locating and rescuing such persons*.

 

2. Each Contracting Government undertakes to make available information to the Organization concerning its existing search and rescue facilities and the plans for changes therein, if any.

 

3. Passenger ships, to which chapter I applies, shall have on board a Plan for Co-Operation with appropriate search and rescue services in event of an emergency. The plan shall be developed in co-operation between the ship, the company, as defined in regulation IX/1, and the search and rescue services. The plan shall include provisions for periodic exercises to be undertaken to test its effectiveness. The plan shall be developed based on the guidelines developed by the Organization".

 

  Regulation 8.
Life-saving signals***

 

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* Refer to the International Convention on Maritime Search and Rescue, 1979, as amended and the following resolutions adopted by the Organization:

 

- Homing Capability of Search and Rescue (SAR) Aircraft (resolution A.225(VII));

- Use of Radar Transponders for Search and Rescue Purposes (resolution A.530(13));

— Search and Rescue Homing Capability (resolution A.616(15)) and

— International Aeronautical and Maritime Search and Rescue (IAMSAR) Manual (resolution A.894(21)).

 

** See MSC/Circ.1000.

 

*** Such life-saving signals are described in the International Aeronautical and Maritime Search and Rescue Manual (IAMSAR), Volume III.

 

Contracting Governments undertake to arrange that lifesaving signals are used by search and rescue facilities engaged in search and rescue operations when communicating with ships or persons in distress.

 

  Regulation 9.
Hydrographic services

 

1. Contracting Governments undertake to arrange for the collection and compilation of hydrographic data and the publication, dissemination and keeping up to date of all nautical information necessary for safe navigation.

 

2. In particular, Contracting Governments undertake to cooperate in carrying out, as far as possible, the following nautical and hydrographic services, in the manner most suitable for the purpose of aiding navigation:

 

.1 to ensure that hydrographic surveying is carried out, as far as possible, adequate to the requirements of safe navigation;

 

.2 to prepare and issue nautical charts, sailing directions, lists of lights, tide tables and other nautical publications, where applicable, satisfying the needs of safe navigation;

 

.3 to promulgate notices to mariners in order that nautical charts and publications are kept, as far as possible, up to date;

 

.4 to provide data management arrangements to support these services.

 

3. Contracting Governments undertake to ensure the greatest possible uniformity in charts and nautical publications and to take into account, whenever possible, relevant international resolutions and recommendations*.

 

4. Contracting Governments undertake to co-ordinate their activities to the greatest possible degree in order to ensure that hydrographic and nautical information is made available on a world-wide scale as timely, reliably, and unambiguously as possible.

 

  Regulation 10.
Ships' routeing

 

1. Ships' routeing systems contribute to safety of life at sea, safety and efficiency of navigation and/or protection of the marine environment. Ships' routeing systems are recommended for use by, and may be made mandatory for, all ships, certain categories of ships or ships carrying certain cargoes, when adopted and implemented in accordance with the guidelines and criteria developed by the Organization**.

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* Refer to the appropriate resolutions and recommendations adopted by the International Hydrographic Organization.

** Refer to, the General Provisions on Ships' Routeing (resolution A.572(14)) adopted by the Organization, as amended.

 

2. The Organization is recognized as the only international body for developing guidelines, criteria and regulations on an international level for ships' routeing systems. Contracting Governments shall refer proposals for the adoption of ships' routeing systems to the Organization. The Organization will collate and disseminate to Contracting Governments all relevant information with regard to any adopted ships' routeing systems.

 

3. The initiation of action for establishing a ships' routeing system is the responsibility of the Government or Governments concerned. In developing such systems for adoption by the Organization, the guidelines and criteria developed by the Organization shall be taken into account.

 

4. Ships' routeing systems should be submitted to the Organization for adoption. However, a Government or Governments implementing ships' routeing systems not intended to be submitted to the Organization for adoption or which have not been adopted by the Organization are encouraged to take into account, wherever possible, the guidelines and criteria developed by the Organization.

 

5. Where two or more Governments have a common interest in a particular area, they should formulate joint proposals for the delineation and use of a routeing system therein on the basis of an agreement between them. Upon receipt of such proposal and before proceeding with consideration of it for adoption, the Organization shall ensure details of the proposal are disseminated to the Governments which have a common interest in the area, including countries in the vicinity of the proposed ships' routeing system.

 

6. Contracting Governments shall adhere to the measures adopted by the Organization concerning ships' routeing. They shall promulgate all information necessary for the safe and effective use of adopted ships' routeing systems. A Government or Governments concerned may monitor traffic in those systems. Contracting Governments shall do everything in their power to secure the appropriate use of ships' routeing systems adopted by the Organization.

 

7. A ship shall use a mandatory ships' routeing system adopted by the Organization as required for its category or cargo carried and in accordance with the relevant provisions in force unless there are compelling reasons not to use a particular ships' routeing system. Any such reason shall be recorded in the ships' log.

 

8. Mandatory ships' routeing systems shall be reviewed by the Contracting Government or Governments concerned in accordance with the guidelines and criteria developed by the Organization*.

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* Refer to the General Provisions on Ships' Routeing (resolution A.572(14)) adopted by the Organization, as amended.

 

9. All adopted ships' routeing systems and actions taken to enforce compliance with those systems shall be consistent with international law, including the relevant provisions of the 1982 United Nations Convention on the Law of the Sea.

 

10. Nothing in this regulation nor its associated guidelines and criteria shall prejudice the rights and duties of Governments under international law or the legal regimes of straits used for international navigation and archipelagic sea lanes.

 

  Regulation 11.
Ship reporting systems*

 

1. Ship reporting systems contribute to safety of life at sea, safety and efficiency of navigation, and protection of the marine environment. A ship reporting system, when adopted and implemented in accordance with the guidelines and criteria developed by the Organization** pursuant to this regulation, shall be used by all ships, or certain categories of ships or ships carrying certain cargoes in accordance with the provisions of each system so adopted.

 

2. The Organization is recognized as the only international body for developing guidelines, criteria and regulations on an international level for ship reporting systems. Contracting Government shall refer proposals for the adoption of ship reporting systems to the Organization. The Organization will collate and disseminate, to Contracting Governments all relevant information with regard to any adopted ship reporting system.

 

3. The initiation of action for establishing a ship reporting system is the responsibility of the Government or Governments concerned. In developing such systems provision of the guidelines and criteria developed by the Organization* shall be taken into account.

 

4. Ship reporting systems not submitted to the Organization for adoption do not necessarily need to comply with this regulation. However, Governments implementing such systems are encouraged to follow, wherever possible, the guidelines and criteria developed by the Organization*. Contracting Governments may submit such systems to the Organization for recognition.

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* This regulation does not address ship reporting systems established by Governments for search and rescue purposes which are covered by chapter 5 of the 1979 SAR Convention, as amended.

** Refer to the guidelines and criteria adopted by the Maritime Safety Committee of the Organization by resolution MSC.43(64), as amended by resolution MSC.l 11(73). Refer also to the General principles for ship reporting systems and ship reporting requirements, including guidelines for reporting incidents involving dangerous goods, harmful substances and/or marine pollutants, adopted by the Organization by resolution А.851(20).