Merchant Shipping (Licensing of Unregistered Vessels) Regulations, 1990

Government Notice 310 of 1990

Merchant Shipping (Licensing of Unregistered Vessels) Regulations, 1990

Citation: Government Notice 310 of 1990
Primary work: Merchant Shipping Act
Date: 31 July 2002
Language: English
Type: Government Notice

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Tanzania

Merchant Shipping Act

Merchant Shipping (Licensing of Unregistered Vessels) Regulations, 1990

Government Notice 310 of 1990

Published in Tanzania Government Gazette
Commenced
[This is the version of this document at 31 July 2002.]
[Note: This legislation was revised and consolidated as at 31 July 2002 and 30 November 2019 by the Attorney General's Office, in compliance with the Laws Revision Act No. 7 of 1994, the Revised Laws and Annual Revision Act (Chapter 356 (R.L.)), and the Interpretation of Laws and General Clauses Act No. 30 of 1972. All subsequent amendments have been researched and applied by Laws.Africa for TANZLII.]

[Sections 76 and 77; G.N.s Nos. 310 of 1990; 512 of 1991; 280 of 1992; 230 of 1993; 409 of 1999]

Part I – Preliminary (regs 1-2)

1. Citation

These Regulations may be cited as the Merchant Shipping (Licensing of Unregistered Vessels) Regulations.

2. Definitions

In these Regulations, unless the context otherwise requires—"acceptable" means acceptable to the Safety Officer;"adequate" means adequate to the Safety Officer;"approved" means approved by the Safety Officer;"berthed passenger" means a passenger on a vessel for whose use acceptable enclosed accommodation is provided on the vessel;"East African Trading Area" means—(a)any location within the inland waters of Lake Victoria, Lake Tanganyika, Lake Nyasa and Lake Rukwa; and(b)any location on the coast of Tanzania, and in the Mozambique Channel, bounded by a line through the southern-most points of Mozambique and Madagascar, and a line from Mombasa to a point 11ºS, 44ºE near the Comoros and from there by Parallel Circle 11ºS to the meridian 50ºE; and(c)the near coastal areas of Kenya, Somalia south of Mogadishu and the eastern side of Madagascar, within 15 nautical miles from the land;"equipment" in relation to surveys includes, lifesaving appliances, firefighting appliances, navigational equipment, lights, sound signals, mooring lines and sails;"fishing vessel" means a vessel designed for or engaged in fishing;"g.r.t." in relation to a ship means its gross register tonnage;"hull" in relation to a survey, includes all structural members of a ship, steering mechanism, hull plating, hull planking, frames, beams, girders, deck plating, deck planking, bulkheads, tanks, superstructures, deck houses, masts, rigging, rudders, anchors and cables and cargo handling equipment;"licensed" means an unregistered vessel licensed and defined in sections 76 and 77 of the Merchant Shipping Act¹;¹Cap. 165"licensing officer" means the person holding the position of Licensing Officer responsible for maintaining the register of Licensed Vessels and appointed by the Minister;"Load Line" in relation to survey, includes all closing devices, scuttles, sky-lights, freeing ports, air pipes, sounding pipes, ventilators and the marking of load lines;"machinery" in relation to surveys, includes all main propulsion, machinery of a vessel, prime movers, generators, ballast pumps, firepumps, switchboards, electrical equipment, windlasses, capstans, oil water separators and refrigeration plant;"Minister" means the Minister responsible for slipping;"n.r.t." means net register tonnage;"parastatal organisation" means a wholly Government body engaged in commercial trade;"passenger" means any person carried on a vessel other than—(a)the master or an apprentice or a member of the crew or a person employed or engaged in any capacity on board the vessel on the business of the ship; or(b)a child under one year of age;"passenger vessel" means a vessel carrying or capable of carrying more than twelve passengers;"proper officer" means an officer appointed by the Minister under section 76 of the Merchant Shipping Act;"public institution" means a body in which the Government has an ownership interest;"radio" in relation to a survey includes radio installations, survival craft radio equipment and means of radio operation;"safety officer" means the person occupying the positions of Director of Shipping;"sailing limits" means the limits of operation of a vessel as laid down in section 33 of these Regulations;"satisfactory" means satisfactory in the opinion of the safety officer;"surveyor" means a surveyor designated as a surveyor of ships by the Minister under section 75 or 191 of the Merchant Shipping Act;"survey certificate" means a survey certificate granted by the safety officer under regulations 12 to 18 inclusive of these Regulations;"trading vessels" means vessels engaged in the carriage of goods or cargo for reward, or a vessel chartered or hired out for reward;"unberthed passenger" means a passenger on a vessel other than a passenger who is a berthed passenger;"Unlimited Trading Area" means any location not within the East African Trading Area;"unregistered vessels" means vessels of less than 25 n.r.t.;"vessel" includes any ship or boat, or any other description of vessel used or designed to be used in navigation.

Part II – Application and licensing (regs 3-11)

3. Application

(1)These Regulations shall apply to the following unregistered vessels (less than 25 n.r.t.) on all lakes, rivers, inland waters and territorial seas in the United Republic of Tanzania, navigable by the following—

(a)trading vessels (cargo or passenger);

(b)fishing vessels;

(c)"Government owned vessels other than Government Service Ships" as defined in the Merchant Shipping Act;

(2)Unregistered vessels used solely by their owners for private pleasure purposes may be exempted from the requirements of these Regulations, except regulation 31 concerning lights and application for the exemption shall be made to the Safety Officer.

(3)Classes of vessels to be licensed shall be as follows—

(i)mechanically propelled vessels over fifteen metres in length, not under Class 4;

(ii)mechanically propelled vessels of fifteen metres or less in length, not under Class 4;

(iii)sailing vessels with or without auxiliary power;

(iv)vessels propelled by oars, paddles or poles only;

(v)vessels, however propelled, which are hired to the public for pleasure, fishing, sporting or other activities;

(vi)vessels constructed for special purposes, that is to say ferries operating in enclosed waters, dredgers or pile drivers and any other vessel that does not come under the fore-going classes but which is required to be licensed under these Regulations.

4. Application to be made in writing

(1)Application for licensing a Government owned vessel shall be made in writing and shall be signed—

(a)where the vessel belongs to the Government, by the permanent head of the Department or Division responsible for operating the vessel;

(b)where the vessel belongs to a parastatal organisation, by the head of the parastatal responsible for operating the vessel;

(c)where the vessel belongs to a public institution, by the head of the public institution responsible for operating the vessel;

(d)in any other case, by the person who holds the vessel on behalf of, or for the benefit of, the Government.

(2)An application for licensing a Government vessel shall contain—

(a)the name of the vessel;

(b)a description of the vessel; and

(c)where the date and place of construction is—

(i)known, a statement of that date and place; or

(ii)not known, a statement to that effect giving such particulars relating to the construction of the vessel as are known; and

(d)particulars of title to the vessel; and/or

(e)a statement that the vessel belongs to the Government, a parastatal organisation, public institution or other body on behalf of the Government.

(3)An application for licensing a Government owned vessel shall have annexed to it—

(a)such certificates or other evidence of title as are referred to in the particulars of title; and

(b)the LICENSED VESSEL TONNAGE CERTIFICATE of the vessel FORM L1.

(4)The application for licensing shall be lodged with the licensing officer.

(5)The licensing officer, when satisfied that a Government vessel may be licensed, shall enter in the Register of Licensed Vessels—

(a)the name of the vessel;

(b)the licence identification number allocated;

(c)the name of the person signing the application;

(d)the port at which the vessel is licensed; and

(e)the particulars contained in the—

(i)application for licensing; and

(ii)the LICENSED VESSEL TONNAGE CERTIFICATE FORM L1.

(6)On licensing a Government vessel the licensing officer shall retain—

(a)the application for licensing; and

(b)the certificates or other evidence of title referred to in paragraph (a) of subregulation (3).

5. Application to be made on Form L2

Application for licensing a vessel other than a Government vessel shall be—

(a)on Application for Licensing form L2;

(b)subject to subregulation (3), an application under subregulation (1) shall be accompanied by—

(a)a certificate signed by the builder of the vessel containing—

(i)a description of the vessel;

(ii)the estimated tonnage of the vessel;

(iii)the date and place of construction of the vessel; and

(iv)the name of the person or organisation (if any) on whose account the vessel was built; and

(b)where the vessel has been registered under the law of a country other than Tanzania—

(i)evidence that registration in that country has ceased;

(ii)evidence that the vessel is in a seaworthy condition;

(iii)evidence, such as a BILL OF SALE FOR LICENSED VESSEL FORM L5, that the applicant is the legal owner of the vessel; and/or

(iv)a DECLARATION OF OWNERSHIP FORM R3.

(3)Where a certificate referred to in subparagraph (a) of subregulation (2) cannot be obtained the applicant shall—

(a)make a declaration to that effect; and

(b)annex the declaration to the application under subregulation (1).

(4)Where the licensing officer is satisfied that a vessel other than a Government vessel may be licensed, he shall—

(a)allocate a licence identification number to the vessel;

(b)enter into the Register of Licensed Vessels—

(i)the name of the vessel;

(ii)the licence identification number allocated;

(iii)the port at which the vessel is licensed;

(iv)such particulars of construction or origin of the vessel as appear to him to be relevant;

(v)the particulars contained in the LICENSED VESSEL TONNAGE CERTIFICATE FORM L1;

(vi)the name and address of each owner of the vessel; and

(vii)the proportions in which the owners, if more that one, own the vessel.

(5)On licensing a vessel the licensing officer shall retain—

(a)the certificate of the builder;

(b)any evidence of title to the vessel which was annexed to the APPLICATION FOR LICENSING FORM L2;

(c)the DECLARATION OF OWNERSHIP FORM R3; and

(d)any other document or certificate which he considers should be so retained.

6. Documents to be in the form shown in Schedules 1 and 2

(1)The following documents referred to in these Regulations shall be as shown in Schedule 1 and 2—

Licensed vessel tonnage certificate	Form L1
Application for licensing	Form L2
Declaration of ownership	Form R3
Licence for vessel	Form L4
Bill of sale for licensed vessel	Form L5
Application to change name of a licensed vessel	Form L6
Application to change the port of licensing	Form L7
Application for survey	Form L1
Report by surveyor of survey or inspection	Form S2
Licensed vessel survey certificate	Form L8

(2)The charge for each form shall be fifty shillings.

7. Change in ownership

Where a change occurs in the ownership of a licensed vessel, the licensing officer shall—

(a)enter into the Register of Licensed Vessel the details of the change; and

(b)endorse, or cause to be endorsed, upon the Licence, the details so entered.

8. Alteration to vessel to be recorded in the Register

Where there is an alteration to the vessel the licensing officer shall enter in the register of Licensed Vessels—

(a)a reference to the new LICENSED VESSEL TONNAGE CERTIFICATE of the altered vessel; and

(b)the number of the new LICENCE FOR VESSEL FORM L4 granted.

9. Identity mark to be allocated

(1)The Licensing Officer shall, on the first licensing of the vessel, allocate a licence identification number (identity mark).

(2)The identity mark so allocated shall be clearly and legibly exhibited on each side of the bow, and there shall be not less than eight nor more than twelve centimetres between the top of the identity mark and the top of the uppermost continuous strake. In the case of sailing vessel the identity mark shall, in addition, be exhibited upon each side of the main sail of that vessel.

(3)the identity mark shall—

(a)be in figures and/or letters at least ten centimetres high;

(b)be painted in white on a dark background or black on a light background and shall not be defaced, covered or concealed in any manner.

(4)The owner of any vessel that fails to comply with the requirements of this Part commits an offence and is liable to a fine of one thousand shillings.

10. Licensing fee

(1)In this regulation—"length" means the length of the vessel as recorded in the Register of Licensed Vessels.

(2)Subject to subregulation (4), the initial licensing fee shall be fifty shillings per metre or part of a metre of the length of the vessel.

(3)Subject to subregulation (5), the annual licensing fee shall be fifty shillings per metre or part of a metre of the length of the vessel.

(4)The minimum initial licensing fee shall be two hundred shillings.

(5)The minimum annual licensing fee shall two hundred shillings.

11. Licence to displayed conspicuously

(1)The LICENCE FOR VESSEL FORM L4 must be clearly displayed in a conspicuous place aboard the vessel.

(2)If any LICENCE FOR VESSEL FORM L4 has been lost or destroyed the licensing officer may issue a duplicate LICENCE FOR VESSEL FORM L4 on production by the applicant of affidavit setting out the facts of the loss and the circumstances connected therewith and upon the receipt of the appropriate fees.

Part III – Surveys (regs 12-19)

12. Vessel not to go to sea without survey certificate

A vessel shall not go to sea unless there is in force, in respect of that vessel, a LICENSED VESSEL SURVEY CERTIFICATE FORM L8.

13. Survey of vessel

(1)Any vessel is subject to survey in respect of—

(a)equipment;

(b)hull;

(c)load-line;

(d)machinery; and

(e)radio (where appropriate).

(2)The safety officer may direct that a vessel be surveyed where—

(a)any material alteration is made to the vessel;

(b)the vessel sustains damage or accident which affects, or may affect, the safety of the vessel; or

(c)after major repairs.

(4)A surveyor, or other authorised officer may board a licensed vessel at any reasonable time to undertake an inspection.[Please note: numbering as in original]

(5)A survey referred to in paragraph (b) of subregulation (2) shall be known as an annual survey.

14. Safety Officer to nominate the date for survey in each subsequent year

(1)On the issue of a LICENSED VESSEL SURVEY CERTIFICATE FORM L8 in respect of a vessel in the United Republic of Tanzania, the safety officer shall nominate the date upon which the vessel shall be surveyed in each subsequent year.

(2)An annual survey of the vessel shall be carried out not more than three months before or after the date nominated under subregulation (1).

(3)Not more than fifteen months shall elapse between successive annual surveys.

15. Forms to be used for application

(1)An application for survey shall be on APPLICATION FOR SURVEY FORM S1.

(2)The safety officer may require an APPLICATION FOR SURVEY FORM S1 to be accompanied by such plans and other documents as are, in his opinion, necessary or desirable.

(3)The report of the surveyor shall be on REPORT BY SURVEYOR OF SURVEY OR INSPECTION FORM S2.

16. Failure to maintain on board or make available report by surveyor

(1)A survey certificate shall be on LICENSED VESSEL SURVEY CERTIFICATE FORM L8.

(2)The owner or master of a vessel in respect of which The LICENSED VESSEL SURVEY CERTIFICATE FORM L8 has been granted who refuses, or fails without reasonable cause, to—

(a)maintain aboard the vessel; and

(b)make available, on request, for inspection or endorsement by—

(i)the safety officer; or

(ii)a surveyor; or

(iii)a person authorised by the safety officer,

the REPORT BY SURVEYOR OF SURVEY OR INSPECTION FORM S2 to which the LICENSED VESSEL SURVEY CERTIFICATE FORM L8 relates,

commits an offence and is liable to a fine not exceeding one hundred thousand shillings.

17. Exemption

The Safety Officer may, subject to such condition (if any) as he thinks fit, exempt a vessel, or a class of vessel, from compliance with any requirement of this Part, or may extend the validity of a licensed vessel survey certificate.

18. Suspension of Survey Certificate

Where, in respect of a vessel, the safety officer is not satisfied that there has been compliance with the requirements of this Regulation, he may—

(a)suspend the vessel's LICENSED VESSEL SURVEY CERTIFICATE L8 until he is satisfied; or.

(b)cancel the vessel's LICENSED VESSEL SURVEY CERTIFICATE L8.

19. Fee for surveys

The fees for surveys shall be as shown in Schedule 5.

Part IV – Lifesaving appliances (regs 20-27)

20. Life saving appliances

(1)In relation to a vessel—

(a)the design and construction of—

(i)lifeboats and associated equipment;

(ii)liferafts and associated equipment;

(iii)rescue boats and associated equipment; and

(iv)lifebuoys; and

(b)the design and material of distress sheets; and

(c)the types of—

(i)torches;

(ii)hand lamps; and

(iii)buoyant lines,

of, or carried in, a vessel shall be acceptable.

(2)The type of—

(a)lifejackets;

(b)parachute distress rockets;

(c)smoke floats;

(d)hand flares; and

(e)self-igniting light floats,

carried in a vessel shall be approved.

21. Other appliances

(1)Lifeboats, inflatable liferafts, liferafts, rescue boats and buoyant apparatus shall be carried aboard vessels, as follows—

(a)vessels of all classes of more than twelve metres in length carry lifeboats with davits or inflatable liferafts or rescue boats; and

(b)vessels of Class 1(b), 2, 3 and 5 of twelve metres or less but more than nine metres in length shall carry inflatable liferafts or liferafts or rescue boats; and

(c)vessels of Class 1(b), 2, 3 and 5 of nine metres or less in length shall carry liferafts or buoyant apparatus; and

(d)vessels of Class 4 shall carry inflatable liferafts or liferafts or buoyant apparatus,

with sufficient capacity to accommodate all of the persons that may be carried on board the vessel.

(2)Where a lifeboat is carried on a vessel it shall carry, or be fitted with, acceptable means of propulsion.

22. Lifejackets

(1)Vessels shall carry at least one approved lifejacket for each person who may be carried on board the vessel.

(2)Each lifejacket required to be carried be of a type suitable for the voyage in which the vessel is, or is about to be, engaged.

(3)Vessels operating exclusively in harbour limits may be exempted from the requirement to carry lifejackets, but must carry equipment stipulated under regulation 21.

23. Lifesaving appliances as per Schedules 3 and 4

(1)Vessels shall carry the general lifesaving appliances specified in Schedule 3 and a vessel of length specified in the top row shall carry the equipment shown in the vertical columns.

(2)The lifesaving appliances required to be carried on a vessel shall be marked as specified in Schedule 4 and an appliance specified in column 1 shall be marked in the manner indicated alongside in column 2.

24. Stowage of lifebuoys and lifejackets

(1)Lifebuoys shall be stowed in a vessel in such a manner that they—

(a)are not permanently secured in any way; and

(b)are readily accessible to all persons aboard the vessel; and

(c)can be rapidly cast loose from the vessel.

(2)Lifejackets shall be stowed on board in such a manner that they—

(a)can be easily located in a clearly marked position; and

(b)are readily accessible in an emergency for the use of persons for whom they are intended.

25. Fire extinguishers as shown in Schedule 6

(1)Vessels shall carry equipment for fighting fires as shown in Schedule 6.

(2)Vessels shall carry sufficient number of portable fire extinguishers to ensure that at least one portable fire extinguisher is readily available for use in each part of the vessel.

(3)The extinguishing system of a portable fire extinguisher placed in an area of fire risk shall be suitable, having regard to the potential fire risk in that area of the vessel.

(4)All portable fire extinguishers carried on a vessel shall be of an approved type.

(5)Vessels of Classes 1a, 1b, 4 and 5 and more than nine metres in length shall carry—

(a)one refill of the type; or

(b)an additional portable fire extinguisher,

for each portable fire extinguisher required to be carried under this regulation.

26. Navigation equipment and nautical publications

(1)Vessels of more than twelve metres in length shall carry a compass to steer by and the compass should also be housed in a binnacle and means for correcting the compass and obtaining bearings and compass errors should be provided. On first licensing of the vessel, the vessel shall be swung to correct the compass and to obtain a deviation curve shown on a deviation card and the compass shall be checked annually.

(2)Vessels of twelve metres or less in length shall carry a compass to steer by and it is advised that a hand bearing compass should be provided for taking bearings.

(3)Vessels with equipment for taking bearings shall carry charts, where such charts are available, covering their intended voyage.

(4)Vessels in excess of fifteen metres shall carry information concerning tides, light lists and sailing directions as shown in Schedule 6.

27. Radio equipment

(1)Vessels of Class la and vessels of Classes 4 and 5 more than fifteen (15) metres in length shall be equipped with an approved radio-telephone installation.

(2)Vessels required to carry radio-telephone equipment shall have facilities capable of transmitting and receiving on the following frequencies—

(a)

(i)2182 KHz; and

(ii)4125 KHz or 6215.5 KHz; and

(b)as determined by the Director-General of Tanzania Posts and Telecommunications.

(3)Vessels required to carry a radio telephone shall—

(a)be fitted with a properly erected antenna; and

(b)carry a spare complete antenna, capable of rapid erection while the vessel is at sea, and full erecting instructions for the spare antenna.

(4)Vessels required to carry radio telephone shall, when at sea, and at all reasonable times when in port, have a source of supply of electrical energy sufficient for—

(a)the operation of;

(b)testing purposes in connection with; and

(c)charging of,

any batteries which are a source of electrical energy for the radio telephone installation in the vessel.

(5)Vessels required to carry a radio-telephone shall carry on board a person with a qualification not less than that of the holder of a Restricted Radio-telephone Operator's Certificate of Proficiency as shown in the Merchant Shipping (Certification of Marine Officers) Regulations.

(6)A record of all messages that are:

(a)received;

(b)transmitted; or

(c)intercepted,

by the vessel, concerned with safety of life at sea, shall be maintained on the vessel.

Part V – Passengers and cargo (regs 28-33)

28. Definitions

In this regulation—"clear deck space" on, or above, the weather deck of a vessel, or, in a vessel without a weather deck, the area bounded by the uppermost continual strake of the vessel, being a space—(a)which is not an enclosed space;(b)in or on which no cargo, stores or equipment are permitted to be carried;(c)that, where applicable, does not include hatchways;(d)that is not used in the navigation of the vessel; and(e)the use of which would not obscure the vision of the crewmen navigating the vessel;"weather deck" means the lowest deck in the vessel exposed to the weather and sea, whether in whole or only partially exposed.

29. Number of berthed and unberthed passengers

(1)The number of berthed passengers to be carried on board a vessel shall not exceed the number approved by the safety officer.

(2)The maximum number of unberthed passengers permitted to be carried on board a vessel shall equal the whole number of square metres of clear deck space on the vessel divided by 0.8.

(3)Where, for any reason in the opinion of the safety officer, such number of passengers calculated under subregulation (2) would endanger the vessel, he may require that a lesser number of unberthed passengers be carried.

(4)Where—

(a)an unberthed passenger is carried on or above the weather deck of a vessel; and

(b)the deck on which the unberthed passenger is carried is of metal construction,

the deck on which the unberthed passenger is carried shall be sheathed.

(5)Where deck space on or above the weather deck is allocated for the carriage of an unberthed passenger—

(a)the deck space shall be capable of being covered with a canvas awning at a height of not less than two metres; and

(b)canvas side screens shall be provided where necessary to give adequate protection from sun and weather.

(6)Deck cargo on a vessel shall be so secured and stowed that there is—

(a)no danger to any unberthed passenger; and

(b)continual free access for all persons on board to the facilities of the vessel.

30. Load line to be visible

Vessels shall be loaded in such a manner that the load line shall be visible above the water line at the start and end of a voyage.

31. Lights to be shown

(1)Vessels shall exhibit navigation lights as prescribed for vessels of their size and type as contained in the International Regulations for Prevention of Collisions at Sea, 1972, rules 20, 21, 22, 23, 24, 25, 26, 29 and 30.

(2)The lights required to be exhibited by these rules shall be displayed from sunset to sunrise in all weathers, from sunrise to sunset in restricted visibility and may be displayed in all other circumstances when it is deemed necessary.

(3)The positioning of masthead light, sidelights sternlight, towing light and all-round light shall be satisfactorily positioned and masthead light and stern light shall be white, port sidelight shall be red and starboard sidelight shall be green.

(4)The lights exhibited shall be clearly visible at the following minimum ranges—

(a)in vessels of twelve metres or more but less than fifty metres in length—a masthead light, five miles; except that where the length of the vessel is less than twenty metres, three miles;a sidelight, two miles;a sternlight, two miles;a towing light, two miles;an all-round light, two miles;

(b)in vessels of less than twelve metres in length;a masthead light, two miles;a sidelight, one mile;a sternlight, two miles;a towing light, two miles;an all-round light, two miles.

(5)A power driven vessel under-way shall show—

(a)a masthead light forward; and

(b)sidelights; and

(c)a sternlight.

(6)A power driven vessel when towing shall show—

(a)instead of masthead light, two masthead lights in a vertical line;

(b)sidelights; and

(c)a sternlight.

(7)A sailing vessel under-way shall show—

(a)sidelights or a combined lantern at or near the top of the mast where it can best be seen; and

(b)a sternlight.

A sailing vessel of less than seven metres in length shall, if practicable, show the lights prescribed in paragraphs (a) and (b), but if not, an electric torch or lighted lantern showing a white light shall be ready at hand and shown in sufficient time to prevent collision.

(8)A vessel under oars may exhibit the lights prescribed in this regulation for sailing vessels, but if not, an electric torch or lighted lantern showing a white light shall be ready at hand and shown in sufficient time to prevent collision.

(9)A vessel engaged in fishing shall show—

(a)two all-round lights in a vertical line, the upper being red and the lower white; and

(b)when making way through the water, sidelights and a sternlight.

(10)A vessel engaged on pilotage duty shall show lights as prescribed by rule 29 of the International Regulations for Preventing Collisions at Sea, 1972.

(11)A vessel at anchor shall show—

(a)where it may best be seen an all-round white light;

(b)a vessel of less than seven metres in length, when at anchor, not in or near a narrow channel, fairway or anchorage, or where other vessels normally navigate, shall not be required to show the lights prescribed in this rule.

(12)A vessel when aground shall exhibit—

(a)the anchor light as prescribed in paragraph (a) of subregulation 11 above and, in addition, two all-round red lights in a vertical line;

(b)a vessel of less than twelve metres in length, when aground, shall not be required to carry the lights prescribed in this rule.

32. Manning requirements

(1)Where applicable, vessels must carry qualified Deck Officers and Marine Engineers in accordance with the Merchant Shipping (Certification of Marine Officers) Regulations, namely—

(a)Vessels of 50 g.r.t. and above, other than passenger vessels, shall carry a Deck Officer holding a Class 5 Certificate and Master Endorsement;

(b)passenger vessels under 200 g.r.t. shall carry a Deck Officer with a Class 4 Certificate and Master Endorsement;

(c)vessels with Registered Power of 200 kilowatts or more, but under 350 kilowatts shall carry a Marine Engineer holding a Class 4 Certificate and Chief Engineer Endorsement;

(d)vessels with Registered Power of 350 kilowatts or more, but less than 750 kilowatts shall carry two Marine Engineers with Class 4 Certificates, one of whom shall hold a Chief Engineer Endorsement;

(e)vessels which are smaller than the limits in paragraphs (a), (c) and (d) or any combination of those limits, shall have a satisfactory person in charge of the vessel or engine, where appropriate.

(2)In addition to the requirements of (a), (b), (c) and (d), the vessel shall be manned with sufficient and efficient crew to enable the safe and successful completion of the intended voyage.

(3)All vessels proceeding beyond the limits of sheltered waters shall have at least two persons aboard.

33. Sailing limits

(1)In this regulation—"international voyage" means a voyage from a port or place inside Tanzania to a port or place outside Tanzania;"mile" means a nautical mile of 1852 metres;"near coastal waters" means water within five miles of the coastline;"semi-sheltered waters" means water within three (3) miles of the coastline;"sheltered waters" means water within half a mile of the coastline and all harbours, bays, creeks, river mouths and inlets.

(2)Vessels may proceed on an international voyage without the appropriate international certificates and clearance.

(3)Vessels of less than—

(a)seven metres may not proceed further than near coastal waters;

(b)five metres may not proceed further than semi-sheltered waters;

(c)three metres may not proceed further than sheltered waters.

Schedule 1

Forms

[Editorial note: The forms have not been reproduced.]

Schedule 2

Forms

[Editorial note: The forms have not been reproduced.]

Schedule 3

General life saving appliance

	Length of Vessel in Metres
	Less than 9 metres	9 Metres and above
Lifebuoys: (with self-igniting light)	Nil	1
Lifebuoys: (with buoyant line)	1	2
Parachute Distress Rockets	2	4
Torches/Handlamps	2	4

Schedule 4

Marking of appliances

Appliance	Required marking
Lifeboats	Dimensions, cubic capacity and carrying capacity to be clearly marked.Name of vessel, Port of Licensing and Licence identification number to be painted on each side of the stem (bow) of each lifeboat.
Rigid Liferafts	Carrying capacity and name of vessel to be clearly and permanently marked.
Inflatable liferafts	Name and serial number of manufacturer to be clearly and permanently marked. Carrying capacity to be clearly and permanently marked on each inflatable liferaft and on the container in which the liferaft is stowed.
Lifebuoys	Name and Port of Licensing of vessel to be clearly painted on each lifebuoy.
Lifejackets	Name or identification of manufacturer to be clearly and indelibly marked on one side of each lifejacket. Each lifejacket to be marked clearly with instructions for donning and whether suitable for wear by adults and/or children.
Rescue Boat	Name and Port of Licensing of vessel to be clearly painted on each rescue boat.

Schedule 5

Fees

Part A – Tonnage measurement

1.	Up to and including 4 metres in length	T.Shs.	10,000/=
2.	For each additional metre or part of metre	T.Shs.	1,000/=
Re-measurement of Tanzania licensed vessels:
1.	Up to and including 4 metres in length	T.Shs.	5,000/=
2.	For each additional metre or metre	T.Shs.	1,000/=

Part B – Licence fees

The initial and annual licence fees shall be as follows—

Sailing vessels and vessels propelled by oars or paddles up to and including 4 metres in length	T.Shs	5,000/=
For every metre or part thereof over 4 metres	T.Shs	1,000/=
Mechanically propelled vessels and vessels fitted with auxiliary engines to and including 4 metres	T.Shs	10,000/=
For every metre or part thereof over 4 metres	T.Shs	1,000/=

Part C – Transfer of Licence

The fee for initial entry of the vessel in the Register of Vessels, licensing a new transfer of licence shall be as follows:

Up to and including 4 in length	T.Shs.	5,000/=
For every metre or part thereof over 4 metres	T.Shs.	1,000/=

Fee for transfer of mortgage, transfer by bill of sale, mortgage and discharge of mortgage

All vessels, for each service

T.Shs.

20,000/=

Fee for issue of Licence for Vessel, a first licensing and on any subsequent occasion where a fresh licence is issued:

Up to and including 4 metres in length	T.Shs.	5,000/=
For every metre or part thereof over 4 metres	T.Shs.	1,000/=
Fees for the change of a licensed vessel's name	T.Shs.	5,000/=
Fees for the change of Port of Licensing	T.Shs.	5,000/=
Change for the supply of all forms used in connection with licensing and survey for licensing	T.Shs.	1,000/=

Fees for testing and inspecting of life-saving appliances

For the annual inspection, and testing and stamping of life jackets at the makers' works	T.Shs.	1,000/=
Minimum Fee	T.Shs.	10,000/=
For each visit made to a vessel at owner's request to inspect any item of life saving appliance or equipment	T.Shs.	5,000/=

Fees for survey of vessels detained which are alleged to be unsafe

On account of overloading, import loading, without certificate or licence, under-manned or lack of operational equipment	T.Shs.	20,000/=
On account of defective hull or machinery	T.Shs.	20,000/=
On account of being unmarked or improperly marked	T.Shs.	10,000/=

Fees for correcting compasses

Initial correction of first licensing	T.Shs.	10,000/=
Annual check	T.Shs.	10,000/=
If vessel required to be swung	T.Shs.	20,000/=

The fees prescribed in the Schedule to these regulations may be payable in Tanzania Shillings, US dollars or its equivalent in Tanzania Shillings as per existing rate.

Schedule 6 (Regulations 24 and 25)

Fire fighting equipment and navigational publications

1.Fire buckets shall be carried where required by the safety officer.

2.Every power driven vessel shall carry, in a compartment adjacent to, but clear of the engine, a box containing and together with a scoop, or alternatively, and if required by the safety officer, an asbestos blanket.

3.Portable fire extinguishers shall be carried aboard vessels as follows—

Length	Type	Equipment
Less than 9 metres less than 9-12 metres	Sailing or oars Engine	Sand-box boiler to the satisfaction of the Safety Officer1 x 4 litre chemical foam extinguisher
12-15 metres	Sailing	2 x 9 litre soda acid extinguisher
15 metres and over	Sailing	2 x 9 litre soda acid extinguisher
15 metres and over	Engine	2 x 9 litre chemical foam extinguisher

4.All vessels required to carry a radio, shall, in addition to the requirements indicated above, carry a small fire extinguisher close to the radio of a type suitable for fighting electrical fires.All vessels carrying passengers, greater than twelve metres in length, shall carry twice the number of extinguishers shown for vessels of their type and length.

Nautical publications to be carried on small coastal vessels greater than fifteen metres in length ⁷¹

⁷¹The items marked with + should be carried by vessels to which Subregulation (4) of Reg. 25 applies, trading on Inland Waters.[In accordance with SALAS Chap.5, Reg. 20]⁷²2 1. Adequate and up to date charts;⁷²Charts are not available for Lake Tanganyika.+2. NP. 3. Sailing Directions Africa Pilot Vol. 3 and supplements, or equivalent;⁷³3 3. NP 314 Nautical Almanac (annual publication);⁷³Vessels carrying radio-telephone or radio-telegraph installations should also have on board a copy of the International Code of Signals.+4. NP 83 Vol. K. List of lights, or equivalent;+5. NP 202 Tide Tables. Vol. 2 (Annual publication) or equivalent;+6. List of Radio Signals:NP 281(1) Coast Radio stations, or equivalent;NP 282 Radio and Radar Beacons, or equivalent;NP 286(2) Port Operations Services, or equivalent;⁷⁴4 7. NP 100 Mariner's Handbook;⁷⁴Vessels carrying radio-telephone or radio-telegraph installations should also have on board a copy of the International Code of Signals.⁷⁵5 8. Nautical Tables (Norie's or Burton's);⁷⁵Vessels carrying radio-telephone or radio-telegraph installations should also have on board a copy of the International Code of Signals.+9. Weekly Notices to Mariners.SOLARS Chap. 5 Reg. 21

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History of this document

31 July 2002 this version

Consolidation

Cited documents 1

Act

Merchant Shipping Act

Repealed

Merchant Shipping (Licensing of Unregistered Vessels) Regulations, 1990

Government Notice 310 of 1990

Merchant Shipping (Licensing of Unregistered Vessels) Regulations, 1990

Collections

Merchant Shipping (Licensing of Unregistered Vessels) Regulations, 1990

Government Notice 310 of 1990

Part I – Preliminary (regs 1-2)

1. Citation

2. Definitions

Part II – Application and licensing (regs 3-11)

3. Application

4. Application to be made in writing

5. Application to be made on Form L2

6. Documents to be in the form shown in Schedules 1 and 2

7. Change in ownership

8. Alteration to vessel to be recorded in the Register

9. Identity mark to be allocated

10. Licensing fee

11. Licence to displayed conspicuously

Part III – Surveys (regs 12-19)

12. Vessel not to go to sea without survey certificate

13. Survey of vessel

14. Safety Officer to nominate the date for survey in each subsequent year

15. Forms to be used for application

16. Failure to maintain on board or make available report by surveyor

17. Exemption

18. Suspension of Survey Certificate

19. Fee for surveys

Part IV – Lifesaving appliances (regs 20-27)

20. Life saving appliances

21. Other appliances

22. Lifejackets

23. Lifesaving appliances as per Schedules 3 and 4

24. Stowage of lifebuoys and lifejackets

25. Fire extinguishers as shown in Schedule 6

26. Navigation equipment and nautical publications

27. Radio equipment

Part V – Passengers and cargo (regs 28-33)

28. Definitions

29. Number of berthed and unberthed passengers

30. Load line to be visible

31. Lights to be shown

32. Manning requirements

33. Sailing limits

Schedule 1

Forms

Schedule 2

Forms

Schedule 3

General life saving appliance

Schedule 4

Marking of appliances

Schedule 5

Fees

Part A – Tonnage measurement

Part B – Licence fees

Part C – Transfer of Licence

Fees for testing and inspecting of life-saving appliances

Fees for survey of vessels detained which are alleged to be unsafe

Fees for correcting compasses

Schedule 6 (Regulations 24 and 25)

Fire fighting equipment and navigational publications

Nautical publications to be carried on small coastal vessels greater than fifteen metres in length 71

History of this document

31 July 2002 this version

Related documents

Cited documents 1

Act

Documents citing this one 0

Nautical publications to be carried on small coastal vessels greater than fifteen metres in length ⁷¹