| (a) |
For the purpose of this Chapter— |
| (i) |
a new passenger ship is a passenger ship the keel of which is laid or which is at a similar stage of construction on or after the date of coming into force of the present Convention, or a cargo ship which is converted to a passenger ship on or after that date, all other passenger ships being considered as existing ships; |
| (ii) |
a new cargo ship is a cargo ship the keel of which is laid or which is at a similar stage of construction on or after the date of coming into force of the present Convention; |
| (iii) |
a ship which undergoes repairs, alterations, modifications and outfitting related thereto shall continue to comply with at least the requirements previously applicable to the ship. An existing ship in such a case shall not as a rule comply to a lesser extent with the requirements for a new ship than it did before. Repairs, alterations and modifications of a major character and outfitting related thereto should meet the requirements for a new ship in so far as the Administration deems reasonable and practicable. |
| (iv) |
Notwithstanding the provisions of subparagraphs (ii) and (iii) of this paragraph, for the purposes of paragraph (a) (ii) of Regulation 55 and of Regulation 60 of this Chapter, a new tanker means a tanker— |
| (1) |
for which the building contract is placed after 1 June 1979; or |
| (2) |
in the absence of a building contract, the keel of which is laid, or which is at a similar stage of construction after 1 January 1980; or |
| (3) |
the delivery of which is after 1 June 1982; or |
| (4) |
which has undergone an alteration or modification of a major character— |
| (a) |
for which the contract is placed after 1 June 1979; or |
| (b) |
in the absence of a contract, the construction work of which is begun after 1 January 1980; or |
| (c) |
which is completed after 1 June 1982. |
[Subparagraph (iv) added by Proclamation No. R.168 of 1982.]
| (v) |
For the purpose of paragraph (a) (ii) of Regulation 55 and of Regulation 60 of this Chapter, an existing tanker is a tanker which is not a new tanker as defined in subparagraph (iv) of this paragraph. |
[Subparagraph (v) added by Proclamation No. R.168 of 1982.]
| (vi) |
For the purposes of subparagraph (iv) of this paragraph, conversion of an existing tanker of 20 000 metric tons deadweight and upwards to meet the requirements of the present Protocol or the Protocol of 1978 relating to the International Convention for the Prevention of Pollution from Ships, 1973, shall not be deemed to constitute an alteration or modification of a major character. |
[Subparagraph (vi) added by Proclamation No. R.168 of 1982.]
| (b) |
Unless expressly provided otherwise— |
| (i) |
Regulations 4 to 16 of Part A of this Chapter apply to new ships; |
| (ii) |
Part B of this Chapter applies to new passenger ships carrying more than 36 passengers; |
| (iii) |
Part C of this Chapter applies to new passenger ships carrying not more than 36 passengers; |
| (iv) |
Part D of this Chapter applies to new cargo ships; |
| (v) |
Part E of this Chapter applies to new tankers. |
(c)
| (i) |
Part F of this Chapter applies to existing passenger ships carrying more than 36 passengers. |
| (ii) |
Existing passenger ships carrying not more than 36 passengers and existing cargo ships shall comply with the following: |
| (1) |
For ships the keels of which were laid or which were at a similar stage of construction on or after the date of coming into force of the International Convention for the Safety of Life at Sea, 1960, the Administration shall ensure that the requirements which were applied under Chapter II of that Convention to new ships as defined in that Chapter are complied with; |
| (2) |
for ships the keels of which were laid or which were at a similar stage of construction on or after the date of coming into force of the International Convention for the Safety of Life at Sea, 1948, but before the date of coming into force of the International Convention for the Safety of Life at Sea, 1960, the Administration shall ensure that the requirements which were applied under Chapter II of the 1948 Convention to new ships as defined in that Chapter are complied with; |
| (3) |
for ships the keels of which were laid or which were at a similar stage of construction before the date of coming into force of the International Convention for the Safety of Life at Sea, 1948, the Administration shall ensure that the requirements which were applied under Chapter II of that Convention to existing ships as defined in that Chapter are complied with. |
| (d) |
For any existing ship as defined in the present Convention the Administration, in addition to applying the requirements of subparagraph (c) (i) of this Regulation, shall decide which of the requirements of this Chapter not contained in Chapter II of the 1948 and 1960 Conventions shall be applied. |
| (e) |
The Administration may, if it considers that the sheltered nature and conditions of the voyage are such as to render the application of any specific requirements of this Chapter unreasonable or unnecessary, exempt from those requirements individual ships or classes of ships belonging to its country which, in the course of their voyage, do not proceed more than 20 miles from the nearest land. |
| (f) |
In the case of passenger ships which are employed in special trades for the carriage of large numbers of special trade passengers, such as the pilgrim trade, the Administration, if satisfied that it is impracticable to enforce compliance with the requirements of this Chapter, may exempt such ships, when they belong to its country, from those requirements, provided that they comply fully with the provisions of— |
| (i) |
the Rules annexed to the Special Trade Passenger Ships Agreement, 1971; and |
| (ii) |
the Rules annexed to the Protocol on Space Requirements for Special Trade Passenger Ships, 1973, when it comes into force. |
Basic Conditions of Employment Act, 1997
