Merchant Shipping (Training, Certificate and Manning) Regulations, 2001

Government Notice 94 of 2001

Revoked

This Government Notice was revoked on 2005-07-29 by Merchant Shipping (Training Certification and Manning) Regulations, 2005.

Merchant Shipping (Training, Certificate and Manning) Regulations, 2001

Citation: Government Notice 94 of 2001
Primary work: Merchant Shipping Act
Date: 31 July 2002
Language: English
Type: Government Notice

Collections

Subject areas

Merchant Shipping (Training, Certificate and Manning) Regulations, 2001

Government Notice 94 of 2001

Published in Tanzania Government Gazette
Commenced on 25 May 2001
[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.]

[Revoked on 29 July 2005 by Merchant Shipping (Training Certification and Manning) Regulations, 2005 (Government Notice 215 of 2005)]

[Sections 78, 79, 80 and 81; G.N. No. 94 of 2001]

Part I – Preliminary provisions (regs 1-13)

1. Short title

These Regulations may be cited as the Merchant Shipping (Training, Certificate and Manning) Regulations.

2. Interpretation

In these Regulations, unless the context requires otherwise—"Act" means the Merchant Shipping Act ¹;¹Cap. 165"accelerated training" means an approved programme that intensifies training to reduce the sea service requirement for the issue of a certificate of competency or qualification;"approved" means approved by the Minister;"approved institution" means an institution approved by the Minister;"approved sea service" in relation to—(a)deck officer, means seagoing service in trading vessels relevant to the duties and functions carried out by officers associated with the deck department;(b)engineer officers, means seagoing service in vessels relevant to the duties and functions carried out by officers associated with the engine department;(c)deck ratings, means seagoing service in any capacity working on deck and carrying out duties and functions associated with the deck working on trading vessels;(d)engine room ratings, means seagoing service in any capacity working in the engine room and carrying out duties and functions associated with engine room working on trading vessels, except as is provided for in a port operations only certificate;"assessor" means a person appointed by or on behalf of the Minister and who is qualified in accordance with the regulations to conduct the assessment of a seafarer at level 1, 2 and 3;"assistant engineer officer" means a person under training to become an engineer officer;"certificate as able seaman" means a certificate of qualification indicating that the holder is qualified in accordance with Part V and is entitled to act as a deck rating on a Tanzania ship;"certificate as efficient cook" means a certificate of qualification indicating that the holder is qualified in accordance with Part V and is entitled to act as a cook on a Tanzanian ship;"certificate of general purpose rating" means a certificate of qualification indicating that the holder is qualified in accordance with Part V and is entitled to act as an engine room rating or deck rating on a Tanzanian ship;"certificate of oiler" means a certificate of qualification indicating that the holder is qualified in accordance with Part V and is entitled to act as an engine room rating on a Tanzanian ship;"certificated officer" means a master or a ship's officer holding a certificate of competency granted in terms of section 75(1) of the Act;"certificate of ordinary seaman" means a certificate of qualification indicating that the holder is qualified in accordance with Part V and is entitled to form part of a navigational watch in a support level;"certificate of proficiency in fast rescue boats" means a certificate of qualification indicating that the holder is proficient in the use of survival craft on board a Tanzanian ship;"certificate of proficiency in survival craft" means a certificate of qualification indicating that the holder is proficient in the use of survival craft on board a Tanzanian ship;"certificate as wiper" means a certificate of qualification indicating that the holder is qualified in accordance with Part V and is entitled to form part of a watch in a manned engine room or designated to perform duties in a periodically unmanned engine room at a support level;"chief engineer officer" means the senior engineer officer responsible for the mechanical propulsion and the operation and maintenance of the mechanical and electrical installations on the ship;"chief mate" means the officer next in rank to the master and upon whom the command of the ship will fall in the event of the incapacity of the master;"coast" means the inland water landward of the baselines from which the breadth of territorial water is measured;"Code" means the code of Tanzanian Maritime Qualifications, published by or on behalf of the Minister;"command endorsement" means a command endorsement endorsed on a certificate of competency by the Registrar of Ships under these Regulations;"Convention" means the International Convention on Standard of Training, Certification and Watchkeeping for Seafarers, 1978 as amended in 1995;"deck officer" means an officer qualified in accordance with the provisions of Part III and who is qualified to act as a deck officer on a Tanzanian ship;"Eastern Africa Trading Areas" means—(a)any location within the inland waters that are Lake Victoria, Lake Tanganyika, Lake Nyasa and Lake Rukwa; and(b)any location on the coast of Tanzania and in the Mozambican 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 Comoros and from there by the Parallel circle 11ºS to the Merdian 50ºE; and(c)the near coastal areas of Kenya, Somalia south of Mogadishu and the eastern side of Madagascar within 5 nautical miles from land;"endorsement" means an endorsement appended to a certificate of competency allowing the holder of the certificate—(a)to sail in a capacity on board a ship other than the capacity specified on the title page of his certificate;(b)to sail in a capacity as indicated on the certificate on board a specific type of ship;(c)to sail on a specific voyage when he cannot comply fully with the medical examination requirements;"endorsed certificate" means a certificate of competency, issued by or on behalf of the government of another state, endorsed by the Registrar of Ships and allowing the holder of the certificate to serve as an officer on board a Tanzanian ship;"engineer officer" means an officer qualified in accordance with Part IV and who is qualified to act as an engineer officer on a Tanzanian ship;"examiner" means a person appointed under section 80 of the Act, and includes an assessor;"fast rescue boat" means a rigid or semi-rigid inflatable boat used for rescue purposes and capable of manoeuvring, for at least 4 hours, at a speed of 20 knots in calm water with a crew of at least 3 persons and at least 8 knots with a full complement;"GMDSS" means the global maritime distress and safety system;"gross tonnage" in relation to a ship, means the total moulded volume of all enclosed spaces of the ship;"HSC Code" means International Code of Safety for High Speed Craft, adopted by IMO Resolution MSC 36(63);"IMO" means the International Maritime Organisation;"length of ship" means the length shown on the ship registration certificate;"location" includes any offshore installation, any other installation (whether floating or resting on the sea bed or its subsoil) of any location at sea or inland waters defined by reference to its latitude and longitude;"Minister" means the Minister for the time being responsible for shipping or in respect of his functions being discharged by another person or authority then that person or authority;"near-coastal voyage" means any voyage on trading vessel of 3 000 tons or less restricted to the Eastern African trading areas;"port operation vessels" means harbour tugs, dredges, hoppers, pilot boats, bunker barges, ferries, tenders, self-propelled floating cranes and any other types of vessel restricted to operators in a port operation area;"port operation area" in relation to any port in the United Republic, means the area within a radius of 12 miles from the outermost breakwater light of that port;"radio officer" means a person employed in that capacity in terms of these regulations and having responsibility for the operation of the radio installations on a ship;"rating" means a seaman other than ship's officer;"restricted voyage" means restricted to a port operation area;"second engineer officer" means the engineer officer next in rank to the chief engineer and upon whom responsibility for the mechanical propulsion and the operation and the maintenance of the mechanical electrical installation of the ship will fall in the event of the incapacity of the chief engineer officer;"STCW Convention" means the International Convention on Standards of Training, Certification and Watch keeping for Seafarers, 1978, as amended in 1995;"tanker" means a ship that is constructed or adapted and used for the carriage in bulk of—(a)petroleum or petroleum products;(b)any liquid product listed in Chapter 17 of the International Bulk Chemical Code; or(c)any liquefied gas or other product listed in Chapter 19 of the International Gas Carrier Code;"ton" means gross ton;"trading vessel" means a vessel engaged in commercial trading and proceeding to sea on regular voyages, excluding—(a)warships;(b)fishing vessels;(c)sport and recreation vessels;(d)sailing vessels of traditional build;"tug" means a vessel constructed solely for the purpose of, and normally used for providing external motive power for floating objects or vessels;"United Republic" means the United Republic of Tanzania;"unlimited voyage" means a voyage to a location not within the Eastern Africa Trading areas.

(2)In these Regulations, unless otherwise provided or unless the context otherwise requires, words and phrases have the same meaning as they have in the Convention or STCW Code.

3. Application

These Regulations shall apply to—

(a)ships registered in the United Republic of Tanzania, which are—

(i)passenger ships;

(ii)on a voyage beginning and ending at the same place in the United Republic of Tanzania and on which ships call at no place outside the United Republic of Tanzania;

(iii)tugs;

(b)ships registered outside the United Republic of Tanzania, which carry passengers—

(i)between places of the United Republic;

(ii)on a voyage, which begin and ends at the same place in the United Republic and on which ships call at no place outside the United Republic;

(c)a person performing or intending to perform duties as a qualified master, officer or seaman on a ship subject to Part III of the Act;

(d)a person holding a certificate issued under these Regulations.

4. Certificates of competency

(1)There shall be certificates of competency to be issued or indorsed after compliance with conditions and standards of competency as may be specified under these regulations.

(2)Each certificate or endorsement under this regulation shall be issued or endorsed in accordance with the requirements of the STCW Convention, except for the following certificates—

(a)cook;

(b)dual purpose rating,

(c)any certificate with a port operational limitation; and

(d)master or officer of a vessel of less than 500 tons engaged on near coastal voyages.

5. Classes of certificates

(1)Certificates of competency issued to deck officers under these Regulations shall be of the following classes—

(a)Certificate of competency master Class 1 (Master mariner), for a master of ship of any tonnage on unlimited voyages.

(b)Certificate of competency chief mate Class 2 for—

(i)chief mate of a ship of any tonnage on unlimited voyage;

(ii)enclosed master of a ship of less than 3 000 tons on unlimited voyages.

(c)Certificate of competency officer in charge of a navigational watch Class 3 for—

(i)deck watch keeping officer on a vessel of any tonnage on unlimited voyages;

(ii)endorsed master of a ship of less than 3 000 engaged on near coastal voyages;

(iii)endorsed master on a ship of less than 500 tons on unlimited voyages;

(iv)endorsed chief mate on a ship of less than 3 000 tons on unlimited voyages.

(d)Certificate of competency (master) Class 4 for—

(i)deck watch keeping officer on a ship of less than 500 tons on unlimited voyages;

(ii)endorsed master on a ship of less than 500 tons engaged on near coastal voyages;

(iii)endorsed master of any port operation vessel.

(e)Certificate of competency (chief mate) Class 5 for—

(i)deck watch keeping officer on any port operation vessels within the Eastern Africa trading area;

(ii)deck watch keeping officer on a ship of less than 500 tons engaged on near coastal voyages.

(2)The Certificate of competency, with its limitations and endorsements (if any) issued to engineer officers shall be classified as follows—

(a)Chief engineer officer Class 1 for a chief engineer of a vessel powered by main propulsion of any kW power on unlimited voyages.

(b)Second engineer officer Class 2 for—

(i)a Second engineer of a vessel powered by main propulsion of any kW power on unlimited voyages;

(ii)an endorsed Chief engineer officer of a vessel powered by main propulsion of less than 3 000 kW on unlimited voyages;

(iii)an endorsed Chief engineer officer of a vessel powered by main propulsion of 3 000 kW or more on Eastern Africa trade voyages.

(c)Officer in charge of an engineering watch Classes 3 and 4 for—

(i)engine room watch keeping officer on a vessel powered by main propulsion of any kW power on unlimited voyages;

(ii)endorsed Chief engineer officer of a vessel powered by main propulsion of less than 3 000 kW on Eastern Africa Trade voyages;

(iii)endorsed Chief engineer officer of a vessel powered by main propulsion of less than 750 kW on unlimited voyages.

(3)The certificates of qualifications applicable to ratings shall be for—

(a)an ordinary seaman;

(b)able seaman;

(c)wiper;

(d)oiler;

(e)ordinary dual purpose rating;

(f)efficient dual purpose rating;

(g)efficient cook.

(4)In addition to certificate of qualifications specified under subregulation (4), other certificate of qualifications shall be as following—

(a)certificate of safety training;

(b)certificate in proficiency in survival craft and rescue boats other than fast rescue boats;

(b)certificate in proficiency in fast rescue boats.

(5)The holder of a certificate of competence for unlimited voyage limitation may act in the certificate capacity on vessels engaged on voyages of any limitation.

(6)The holder of a certificate of competency for a near coastal voyage limitation may act in the certificated capacity on vessels engaged on near coastal voyages or port operations and not on vessels engaged on unlimited voyages.

(7)The holder of a certificate of competency for port operations limitations may only act in the certificated capacity on vessels engaged in port operations.

Special training requirements for certain types of ships (regs 6-13)

6. Tanker endorsement

(1)An officer and a rating who is assigned specific duties related to cargo equipment on tankers shall have completed—

(a)at least 3 months of approved seagoing service on tankers in order to acquire adequate knowledge of safe operational procedures; or

(b)an approved tanker familiarisation training covering the requirements specified in paragraphs 2 to 7 in section A-V/1 of the STCW Code; or

(c)at least 30 days service on a tanker under supervision of qualified officers on ships of less than 3 000 GT engaged on voyages not exceeding 72 hours; and

(d)an approved advanced fire fighting training specified in section A-V1/3 in the STCW Code.

(2)In addition to the requirements specified in subregulation (1) a Master, Chief Engineer Officer, Chief Mate, Second Engineer Officer and any person with immediate responsibility for loading, discharging and care in transit or handling of cargo such as cargo officer or cargo engineer officer in an oil tanker shall have completed—

(a)an approved specialised oil tanker training program covering the training given in paragraphs 8 to 14 of section A-V/1 in the STCW Code; and

(b)a minimum of 3 months sea service as a watch keeping officer gaining the appropriate experience to his duties on oil tanker.

(3)In addition to the requirements specified in subregulation (1) a Master, Chief Engineer Officer, Chief Mate, Second Engineer Officer and any person with immediate responsibility for loading discharging and care in transit or handling of cargo such as cargo officer or cargo engineer officer in a chemical tanker shall have completed—

(a)an approved specialised chemical tanker training program covering the training presented in paragraphs 15 to 21 of section A-V/1 in the STCW Code; and

(b)a minimum of 3 months sea service a watch keeping officer gaining the appropriate experience to his duties on chemical tankers.

(4)In addition to the requirements specified in subregulation (1) a Master, Chief Engineer Officer, a Chief Mate, Second Engineer Officer and any person with immediate responsibility for loading, discharging and care in transit or handling of cargo such as cargo officer or cargo engineer officer in a Liquefied Gas Tanker LPG or LNG shall have completed—

(a)an approved specialised chemical tanker training program covering the training given in paragraphs 22 to 34 of section A-V/1 in the STCW code; and

(b)a minimum of 3 months sea service as a watch keeping officer gaining the appropriate experience to his duties on Liquefied Gas Tankers.

7. Ro-Ro passenger ship endorsement

(1)An Officer, a rating or any other crew member on a ro-ro passenger ship designated on any of the duties listed in this subregulation shall be required to complete specific listed specialised training, namely—

(a)in the case of the master, any officer and any crew member specifically designated on the muster lists to assist passengers in an emergency situation, shall have ro-ro passenger ship training in crowd management specified in paragraph 1 of section A-V/2 in STCW Code;

(b)in the case of master, any officer and any crew member designated on specific duties and responsibilities on board ro-ro passenger ships, shall have completed ro-ro passenger ship familiarisation training, specified in paragraph 2 of section A-V/2 in STCW Code;

(c)in the case of any crew member providing direct service to passengers, in passengers space on board ro-ro passenger ship shall have completed the safety training specified in paragraph 3 of section A-V/2 in STCW Code;

(d)in the case of the master, chief engineer, chief mate and second engineer officer and every other crew member assigned immediate responsibility for embarking and disembarking passengers, loading, discharging or securing cargo, or closing hull openings on board a ro-ro passenger ship shall have completed approved training in ro-ro passenger ship passenger safety, cargo safety and hull integrity as specified in paragraph 4 of section A-V/2 in STCW Code; and

(e)in the case of the master, chief engineer, chief mate and second engineer officer and any other crew member having responsibility for the safety or passenger in emergency situations on board ro-ro passenger ships shall have approved training in ro-ro passenger ship crisis management and human behaviour as specified in paragraph 5 of section A-V/2 in STCW Code.

(2)A master, officer, rating and any crew member serving on board a ro-ro passenger ship shall, on successful completion of approved relevant training in crowd management, familiarisation, passenger safety, cargo safety and hull integrity, crisis management and human behaviour, be issued with an appropriate certificate.

(3)Any institution offering any of the courses mentioned in subregulation (1) shall be accredited in accordance with requirements specified in regulation 65.

(4)Any officer or rating having complied with the requirements in subregulation (1) shall apply to the Registrar of Ships for an endorsement to be entered in his certificate of competency or qualification.

(5)Any seafarers who requires to be trained in accordance with subregulation (1) shall at intervals not exceeding five years, undertake appropriate approved refresher training.

8. Passenger ships other than Ro-Ro ship endorsement

(1)The master, officer and every other crew member designated on a muster to assist passengers in emergency situations on board a passenger ship shall be required to complete training in crowd management as specified in section A-V/2, paragraph 1 of the STCW Code.

(2)The master, officer and any other crew member assigned specific duties and responsibilities on board a passenger ship other than a ro-ro ship shall have to complete the familiarisation training, appropriate to passenger ship other than ro-ro passenger ships, specified in section A-V/2 of the STCW Code.

(3)Any personnel providing direct service to passengers in passenger spaces on board a passenger ship shall be required to complete the safety training specified in section A-V/2 paragraph 3 of the STCW Code.

(4)The master, chief engineer, chief mate and second engineer officer and any person having responsibility for the safety of passenger in emergency situations on board a passenger ship shall be required to complete approved training in crisis management and human behaviour as specified in section A-V/2 paragraph 5 of the STCW Code.

(5)A seafarer who is required to be trained in accordance with this regulation shall, at intervals not exceeding five years, undertake appropriate approved refresher training.

9. High speed craft Endorsement

A type Rating Endorsement shall be granted to a person in respect of particular types of high speed craft for a particular route if that person—

(a)has successfully completed approved high speed craft training, relevant to the type of craft and the route, that meets the requirements of paragraphs 18.3.3 to 18.3.3.12 (inclusive) of the HSC Code; and

(b)has practical experience and familiarisation training to the satisfaction of the Registrar of Ships.

10. Certificates issued before commencement of Regulations

(1)All Certificates issued under the Act prior to the commencement of these Regulations shall be deemed to be equivalent to the various classes of certificates of competency under these Regulations.

(2)After the date of commencement of these Regulations, an officer may apply for a endorsement to his certificate of competency showing the 1995 STCW Conference equivalency and upon revalidation of a certificate of competency, the officer shall be issued with the new format of certificate being equivalent to his previous certificate of competency.

(3)A rating may. after the date of commencement of these Regulations apply for a new format of certificate being equivalent to his previous certificate of competency.

(4)An application for the equivalency or new format of certificate may be made to the Registrar of Ships.

(5)The application for a new format certificate shall be made in accordance with the current instructions and shall be accompanied by the prescribed fee.

11. Minimum requirements for the continued validity of certificates of competency

(1)Every master or officer holding a certificate of competency who is serving at sea or intends to return to sea after a period ashore shall, for purposes of continuing qualifying for seagoing service, be required at regular intervals not exceeding five years to satisfy the Registrar of Ships as to—

(a)medical fitness, particularly regarding hearing, and in the case of a master or a deck officer, his eyesight; and

(b)professional competency—

(i)by approved seagoing service of at least one year in the rank equating to the certificate of competency during the preceding five years; or

(ii)by virtue of having performed functions relating to the duties appropriate to the certificate held which are considered to be at least equivalent to the seagoing service required under paragraph (b)(1); or

(2)In addition to the requirements set out in subregulation (1); every master or officer holding a certificate of competency who is serving at sea or intends to return to sea after a period of on shore shall, for purposes of continuing qualifying for seagoing service, be required at intervals not exceeding five years to satisfy the Registrar of Ships as to his professional competency in one of the following ways namely—

(a)passing an approved test; or

(b)successfully completing an approved course or courses; or

(c)successfully completing an approved seagoing service in the appropriate rank for a period of not less than three months in a supernumerary capacity, or in a lower officer rank than that for which the certificate held is valid, immediately prior to taking up the rank to which he is entitled by virtue of his certificate.

(3)Every master or officer shall, for continuing seagoing service on board ships for which special training requirements have been internationally agreed upon and for functions not performed on a regular basis, successfully complete an approved relevant training and such training shall be brought to the attention of officers by issuing a marine notice.

(4)An application for the revalidation of a certificate of competency may be made to the Registrar of Ships and such application shall made in accordance with the instructions promulgated in a marine notice and shall be accompanied by the prescribed fee.

(5)The Registrar of Ships shall, if satisfied that the holder of a certificate of competency meets the requirements of subregulations (1) and (2), issue the holder with an endorsement revalidating his certificate of competency.

(6)Medical fitness shall be in accordance with the standards as specified in the Merchant Shipping (Medical Examination) Regulations, 2001 and when the holder cannot fully satisfy the standard, the Registrar of Ships may restrict the holder in the capacity he may sail on board a ship, or limit the type of voyage on the ship on which the holder may sail on, or reduce the period of validity of the certificate of competency and the restriction may be a combination of any of the restrictions listed in this subregulation.

12. Registration of certificates and quality assurance

(1)The Minister shall ensure that all certificates of competency and qualification and all endorsements made under these regulations are issued and made by a person appointed as the Registrar of Ships.

(2)All candidates entitled to certificates of competency and qualification and endorsement shall be appointed in writing by the Minister and the registrar shall—

(a)issue all certificates of qualification and competency and cause to maintain a record of all certificates issued;

(b)issue all endorsements and cause to maintain a record of all endorsements made;

(c)ensure that certificates are issued only to persons who comply with requirements of these Regulations;

(d)ensure that endorsements are only made in accordance with these Regulations;

(e)cause and maintain a record of certificates of qualifications or certificates of competency or endorsements that are cancelled, suspended, revalidated, reported lost or destroyed;

(f)cause to maintain a record of dispensations issued;

(g)make available information on the status of certificates of qualification and of competency and dispensations issued and endorsements made, to other government certificate issuing authorities and shipping companies which request verification of the authenticity and the validity of certificates produced to them by seafarers seeking recognition of their certificates.

(3)The Minister shall ensure that there is in place a quality assurance programme which shall monitor the procedures of—

(a)the Boards of examiners and assessors; and

(b)the registration of certificates.

(4)The Minister may appoint qualified auditors, who are not working within the shipping section of the Ministry to carry out periodic evaluation of the certification system at intervals not exceeding five years and the report of such evaluation shall be communicated to the Secretary-General of the International Maritime Organisation by the Minister.

13. Syllabus working committee

(1)The Minister shall at intervals not exceeding three years appoint a syllabus working committee from representatives of the maritime training institution, organised labour, the Board of examiners and industry.

(2)The terms of reference of the committee shall be to—

(a)propose, consider and recommend amendments to these Regulations and Code; and

(b)interpret the meaning and decide on the depth of the syllabus when it is not clear from these Regulations and Code.

(3)The Chairman of the syllabus working committee shall, be one of the two chief examiners of the Board's of examiners and the secretariat of the committee will be provided by the office of the Registrar of Ships.

(4)The committee, including the chairperson, shall consist of not more than ten persons.

Part II – Assessment, examination, application,issue and dealing with certificates (regs 14-33)

14. Proof of identity

(1)Every candidate applying for the issuance of a certificate of competency, certificate of qualification or an endorsement, the issuance of a lost certificate or revalidation to his certificate of competency, shall produce proof of identity.

(2)Where a person applying for issuance of certificate under subregulation (1) is a Tanzanian citizen, he may prove his identity by producing—

(a)an identity card or document;

(b)a passport;

(c)a birth certificate;

(d)a certificate of naturalization; or

(e)any other documentary evidence of nationality or parental birth and nationality.

(3)In case the application for issue of certificate under subregulation (1) is a non-Tanzanian citizen or resident he may prove his identity by production of his passport.

15. Where and how to apply

(1)A candidate who wishes to take the examination for a certificate of competency or qualification shall complete the form of application issued by the Registrar, sign the declaration thereon, and pay the appropriate fee to the Registrar of Ships.

(2)A person inquiring as to his eligibility for examination shall be required to pay the appropriate fee before any step is taken to assess his service or his qualifications and, if a candidate or prospective candidate is found not to be qualified the paid fee shall either be returned to him or placed to his credit until he is qualified.

(3)The completed form, together with the candidate's certificate of apprenticeship, testimonials, discharges, proof of nationality, certificate of competency or service, if any, and other watch keeping certificates as required, shall be lodged at least thirty days before the commencement of the week during which the examination is to held.

16. Mode of issuing supplementary documents

(1)The mode of issuing each certificate shall be as follows namely—

(a)a sight test certificate, valid for a period of six months, shall be issued upon the passing of the sight test carried out by a recognised examiner;

(b)a First Aid at sea certificate shall be valid for five years from the date of passing the examination at an institution approved by the Minister;

(c)the Ship Captain's Medical Training Certificate shall be valid for five years from the date of passing the examination at an institution approved by the Minister;

(d)subject to paragraph (c) for an admission to the Ship Captain's Medical Training Course a candidate shall be in possession of a valid First Aid at Sea Certificate or an expired Ship Captain's Medical Training Certificate;

(e)fire-fighting and advanced fire-fighting course certificates shall be valid for five years from the date of successfully completing the course at an institution approved by the Minister;

(f)a restricted certificate of competency in radiotelephony and a GMDSS restricted operator's certificate shall be issued by the Director-General of the Tanzania Telecommunication Council to candidates who pass the qualifying examination;

(g)a medical certificate, issued by a medical practitioner which states that a candidate's medical fitness and period of validity complies with the requirements as set out in the Merchant Shipping (Medical Examination) Regulations ²;²G.N. No. 93 of 2001

(h)a training record book approved by the Minister where a record shall be kept of a trainee's practical training and the assessments at level 1 and 2 of such training;

(i)a watch keeping certificate, signed by the master(s) as a proof of a candidate having acted as a watch keeping officer for the period required to obtain the endorsement or certificate of competency, watch keeping certificate shall be in the format prescribed in the Code;

(j)a bridge watch-keeping training certificate, signed by the master(s), attests that the candidate has spent at least the specified number of months of sea service on duties associated with bridge watch-keeping under the supervision of a qualified officer and shall be in the format prescribed in the Code;

(k)a proof of sea service shall be submitted in the form of a Seaman's Record Book (discharge book);

(l)a document of result used as proof of an accredited institution means a document, issued by an accredited institution declaring that the candidate has successfully passed a written theoretical examination or has successfully completed an approved course.

17. Particulars of sea services testimonials

(1)The eligibility of a candidate for examination shall depend upon the amount of sea service performed and the ranks held on board various vessels in which he was employed, and such particulars shall be accurately stated by the candidate when completing the application form.

(2)A candidate for a certificate for which service as watch keeping officer is required shall also produce certificates of watch keeping in the ship signed by the masters or in the case of service as master by some other responsible official of the company concerned of the vessels in which he has served.

(3)The amount of service laid down in these Regulations for each grade of certificate of competency shall be the absolute minimum that can be accepted and unless candidates can prove the full amount they shall be admitted to the examination.

(4)All candidates shall be required to produce for examination, testimonial as to character, including sobriety, experience, ability, and good conduct on board ship for at least the last twelve months of sea service preceding the date of application.

18. Inquiries

(1)Where a candidate makes inquiries about examinations, the point in respect of which the information is sought shall be clearly stated, and in case a candidate is in doubt as to whether his service complies with requirements of the Regulations and wishes to submit his case for special consideration, all certificates, discharges, testimonials and watch keeping certificates as required together with the form of application duly completed, shall be submitted to the Registrar of Ships.

(2)Inquiries submitted to the Registrar of Ships by a candidate abroad shall be in full details supported by certified photocopies of documents specified in subregulation (1), and may be made by post or any other means convenient.

19. Unsatisfactory conduct

Every candidate or potential candidate who, after having signed crew agreements, neglects to join his vessels, or who, after having joined, leaves his vessels or commits misconduct on board, shall be required to produce satisfactory proof of two years' subsequent service with good conduct at sea, unless the Minister, after investigation, finds it fit to reduce the period.

20. Marking and assessment

Questions for the written portions of the Examinations shall be determined by the Deck Officers Board of Examiners and it shall also carry out—

(a)the final assessment of candidates eligibility for the certificate of competency or endorsement in question;

(b)the marking of the written papers by at least two examiners in each subject;

(c)the oral and practical portion of the examination by one or more of the examiners.

(2)Notwithstanding the provisions of subregulation (1), the Board of Examiners may request advice and suggestions from tutors of the training institute regarding examinations and marking.

21. Place and date of examinations

The Board of Examiners shall decide where and when examinations may be held, and information on such a decision of the Board shall be obtained from the Registrar of Ships.

22. Conduct of written examinations for deck officers

(1)One member of the Board of Examiners or any other person approved by the Board, as examiner, shall be present in the examination room during any written examination.

(2)No person other than those whose duties require them to be present shall be allowed in the examination room in which there must be complete silence.

(3)The books of nautical tables specified by the Ministry and available for use in the examination room shall be as follows—

(a)Nautical Table-Notes (full edition): Burton;

(b)Azimuth Tables: Davis;

(c)Admiralty Tide Tables— Volume I, European waters;Volume II, Atlantic Ocean; andVolume III, Indian Ocean;

(d)Abridged Nautical Almanac.

(4)A Candidate who wishes to use his own copies of the tables mentioned in subregulation (3) of this regulation, or to use any other tables, may bring such tables into the examination room on condition that he submits them to the Examiner for scrutiny and approval before the examination begins, and subject to the Examiner's approval, no restriction shall be placed on the use of the tables, but candidates shall be required to understand the theory on which the tables are based and those tables must be capable of giving an answer within the required limits of accuracy as described in subregulation (17) of this regulation.

(5)Where tables other than those supplied by the Ministry are used in answering questions the name of the tables shall be stated on the candidate's answer paper.

(6)Candidates shall be allowed to use their own drawing instruments and slide rules, provided that the Examiner's approval is obtained before the examination begins; and where a slide rule is used, a note to this effect shall be entered on the candidates answer paper.

(7)No candidate shall use programmable electronic calculators unless so announced for the examination in question.

(8)No candidate shall bring any book or a paper of any kind other than tables approved by the Examiner into the Examination room, and if the provisions of this regulation are violated the offender shall be regarded as having failed the examination and shall not be accepted for re-examination for a period of six months.

(9)A Candidate who defaces or otherwise injures any book or damages any instrument or other property of the Ministry shall have his service papers such as certificates and testimonials retained until he has replaced the damaged book or instrument, and such candidate shall not be allowed to remove the damaged book or instrument, otherwise he may render himself liable to the penalty of failure.

(10)No candidate shall—

(a)leave the examination room without permission and without collecting the paper upon which he has been engaged to the examiner; and

(b)be allowed to leave the examination building while the examination is in progress.

(11)Any candidate who fails to comply with the provisions of subregulation (10) shall be regarded as having failed the examination.

(12)All work must be shown on the paper supplied for use in the examination and any candidate who—

(a)works out problems on papers other than examination papers; or

(b)writes on the blotting paper supplied for use in the examination, shall be regarded as having failed the examination.

(13)Any candidate who, during the examination, is discovered—

(a)referring to any unauthorised book or paper;

(b)copying from another person;

(c)affording any assistance or giving any information to another;

(d)accepting information or assistance from another;

(e)communicating in any way with another; or

(f)copying any part of the answer for the purpose of taking them out of the examination room, shall be regarded as having failed the examination and shall not be accepted for re-examination for a period of six months, and in the case of a second offence of the same nature, shall not be accepted for re-examination for a period of twelve months.

(14)Any candidate who—

(a)contravenes or fails to comply with the provisions of this subregulation;

(b)is found guilty of insolence of the examiner; or

(c)is found guilty of disorder or improper conduct in or about the examination room,

shall be considered to have failed the examination, and shall not be accepted for re-examination for such period as may be decided by the Board, or if he has passed, his certificate shall be detained for such period as the Minister may direct.

(15)All candidates shall be furnished with many sheets of papers as may be necessary for them to complete their written portion of the examination, and they shall be required to—

(a)complete all their written work, except for sketches, in ink;

(b)start each answer by writing in the margin the number of the question to which it relates; and

(c)in their own interest, write clearly and legibly.

(16)A candidate may solve problems by any method he is accustomed to provided that such method is correct in principle and it is shown on the paper.

(17)The degree of precision required of a candidate when making calculations shall be as follows, namely—

(i)when making calculations to obtain a ship's position, a candidate is expected to work to 0.2 of a minute of arc and to the nearest second of time;

(ii)any method of calculation used to obtain a position line is capable of giving an answer to within one nautical mile;

(iii)in the calculation of compass errors, bearing and courses, the answer is worked to within 0.5 of a degree;

(iv)tidal calculations is worked to provide an answer within 15cm of a precise result.

(18)The candidate's final examination pass mark for the following subjects shall be as follows, namely—

(a)for practical navigation and chartwork, 70% or higher;

(b)for cargo operations and stability and general ship knowledge, 60% or higher;

(c)in all other subjects, 50% or higher.

(19)A pass in the whole of the written portion of any examination shall remain valid for a period of five years.

23. Conduct of oral examinations for deck officers

(1)In order to ascertain a candidate's competency in practical aspects of the officers duty, each deck officer shall be required to sit for an oral examination in a respective field.

(2)During oral examination the candidate shall strive to prove his knowledge of sextant, and in particular shall be required to—

(a)measure both vertical and horizontal angles;

(b)read correctly both on and off the arc and find the index error using either the horizon or the sun.

(3)In the course of the oral examination the examiner shall test candidates' knowledge of the sense and intention of Regulations for Preventing Collisions at sea, and mere ability to repeat the Regulations shall not suffice to ensure a candidate passes nor will lack of it necessarily entail failure provided that the examiner is satisfied that the candidate grasps the full significance, content and practical application of the Regulations.

(4)The examiner shall test the candidate's ability to recognise a sailing ships lights and the candidate's knowledge of sailing ship's possible manoeuvres according to the direction of the wind.

(5)The examiner may ask the candidate questions arising within the written work if deemed necessary on account of weakness shown by the candidate.

(6)A candidate who fails in the oral part of the examination for any certificate of competency through serious weakness in practical knowledge may, at the Examiner's direction, be required to perform further appropriate sea service before being re-examined, for a period not exceeding six months and may perform such sea service in any capacity on deck in any seagoing ship.

(7)A pass in either the oral or signals parts of any examination shall remain valid for a period of twelve months only.

24. Conductor of written examination for marine engineer officers

(1)One member of the Board of Examiners or any other person approved by the Board, in this Regulation referred to as the "examiner" shall be present in the examination room during any written examination.

(2)No person other than those whose duties require them to be present will be allowed in the examination room.

(3)The examination room shall during the whole period of examination be completely silent.

(4)Information relation to tables, if any, which may be available for use in the examination room may be obtained from the Registrar of Ships.

(5)A Candidate who wishes to use his own copies of the allowed tables may bring such tables into the examination room on condition that he submits them to the examiner for scrutiny and approval before the examination.

(6)A Candidate shall be allowed to use his own drawing instruments and slide rules, provided the examiner's approval is obtained before the examination begins and the use of programmable electronic calculators shall not be permitted, unless otherwise announced for the examination in question.

(7)No candidate shall bring into the examination room books or papers of any kind other than tables approved by the examiner, and a candidate who infringes this subregulation shall be regarded as having failed the examination and shall not be admitted for re-examination for a period of six months.

(8)Any candidate who defaces or otherwise injures any book or papers of any instrument or other property of the Ministry shall have his service papers, such as certificates and testimonials, retained until he has replaced the damaged book or instrument, and such candidate will not be allowed to remove the damaged book or instrument, otherwise he may render himself liable to the penalty of failure.

(9)No candidate shall—

(a)leave the examination room without permission and without giving up the papers upon which he has been engaged;

(b)be allowed to leave the building while the examination is in progress.

(10)Any candidate who fails to comply with the provisions of subregulation (9) of this regulation shall be regarded as having failed the examination.

(11)All work shall be shown on the paper supplied for use in the examination and any candidate who—

(a)works out problems on paper other than examination papers; or

(b)writes on the blotting paper supplied for use in the examination shall be regarded as having failed the examination.

(12)Any candidate who, during the examination, is discovered—

(a)referring to any unauthorised book or paper;

(b)copying from another;

(c)affording any assistance or giving any information to another;

(d)accepting information or assistance from another;

(e)communicating in any way with another; or

(f)copying any part of the answer for the purpose of taking them out of the examination room,

shall be regarded as having failed the examination and shall not be accepted for re-examination for a period of six months, and in the case of a second offence of the same nature, shall not be accepted for re-examination for a period of twelve months.

(13)Any candidate who—

(a)contravenes or fails to comply with the provisions of this regulation;

(b)is found guilty of insolence to the examiner; or

(c)is found guilty of disorder or improper conduct in or about the examination room,

shall be considered to have failed the examination, and shall not be accepted for re-examination for such period as may be decided by the Board, of if he has passed, shall incur detention of his certificate for such period as the Minister may direct.

(14)A candidates shall be furnished with as many sheets of papers as may be necessary for him to complete his written portion of the examination, and he shall be required to—

(a)complete all his written work, except for sketches, in ink;

(b)start each answer by writing in the margin the number of the question to which it relates; and

(c)write clearly and legibly.

(15)A Candidate may solve problems by any method he is accustomed to provided that, such method is correct in principle and it is shown on the paper.

(16)A pass in the whole of the written portion of any examination will remain valid for a period of five years.

25. Conduct of oral examination for marine engineer officers

(1)In order to ascertain a candidates competency in practical aspects of the officers duty, each marine engineer officer shall be required to sit for an oral examination in a respective field.

(2)The examiner may ask the candidate questions arising within the written work if it is deemed necessary on account of weakness shown by the candidate.

(3)A candidate who fails in the oral part of the examination for any certificate of competency through serious weakness in practical knowledge may, at the examiner's discretion, be required to perform further sea service before being re-examined, and such sea service shall not exceed six months and may be performed in any engine room capacity in any seagoing ship.

(4)A pass in the whole of the written portion of any examination may remain valid for a period of five years, but a pass in the oral part of any examination will remain valid for a period of twelve months only.

26. Fees

(1)An application for examination, and any person inquiring as to his eligibility, shall be required, when making his application, to pay an appropriate examination fee before any steps are taken to inquire into his service or to test his qualifications, and where the candidate is found to be ineligible, the fee shall be returned to him or placed on his credit until he is eligible.

(2)A separate fee shall be charged for the sight test.

(3)Fees chargeable under this regulation shall be subject to changes by the Minister without advance notice.

27. Assessment of seafarers

(1)No seafarer shall be issued with a certificate of competency unless the assessment of the candidates competence has been completed in the manner prescribed in one or any combination of the three levels set out in this subregulation, namely—

(a)the first level of assessment shall be carried and recorded whilst the seafarer is either serving on board ship during the required sea service or whilst undergoing training at an approved institution and such first level assessment at sea shall be carried out by an appointed ship's officer or officers and the assessment ashore shall be carried out by a person or persons who meet the requirements of regulation 24(1);

(b)the second level of assessment shall be carried whilst the seafarers is serving on board ship during the required sea service or undergoing training at an approved institution and such second level assessment shall be carried out by a Board of Examiners or clarify a Training Institute examiner who meets the requirements of regulation 24(2);

(c)the third assessment shall be carried by the Board of Examiners' examiner and an assessor when the candidate presents himself for the oral examination.

(2)For issuance of certificates of qualification certain units of the syllabus will be assessed in accordance with the first level and second level requirements, and the level of assessment shall be the same as prescribed in subregulation 1(a) and (b).

(3)Units of competency to be assessed at the first and second level shall be indicated in a candidate's training record book.

(4)An assessor may only sign off the unit of competency in a candidates training record book when the candidate is considered ready for the level of assessment and he has successfully demonstrated competency in the unit as specified in the Code.

(5)A candidate required to complete more than one level of assessment may not be assessed at a higher level of assessment until he has demonstrated competency at the lower level of assessment and such a candidate may not be assessed at level 3 until all the appropriate units of competency have been signed off at the lower levels of assessment.

28. Assessors

(1)Any person conducting in-service assessment of competence of a seafarer, either on-board or ashore, which is intended to be used in qualifying for certification under these Regulations, shall—

(a)have an appropriate level of knowledge and understanding of the competence to be assessed;

(b)have proof of being qualified in the task for which assessment is being made;

(c)have proof of having received appropriate guidance in assessment methods and practice;

(d)have gained practical assessment experience; and

(f)if conducting assessment involving the use of simulators, have gained practical assessment experience on the particular types of simulator under the supervision and to the satisfaction of an experienced assessor.

29. Board of Examiners

(1)The Minister shall appoint a Deck Officer's Board of Examiners which shall consist of three examiners.

(2)The Minister shall appoint a Marine Engineering Board of Examiners which shall consist of three examiners.

(3)The Examiners shall—

(a)be the holder of a valid certificate of competency (Deck Officer) Class 1 or Certificate or Competency (Marine Engineer Officer) Class 1 as the case may be, or the holder of certificates of a higher grade than those for which examinations are currently arranged;

(b)be medically fit; and

(c)have completed any approved course which shall have included at least three practical assessments covering the appropriate disciplines.

(4)Board of Examiners may raise a fee for their services and such fee may be prescribed under these Regulations.

(5)An examiner's appointment shall be valid for a maximum period of three years and it may be renewed upon application by the examiner and on review by the Minister.

(6)The Minister may cancel an examiner's appointment if—

(a)the examiner so requests;

(b)it is found after an inquiry conducted by the Registrar of Ships that the examiner—

(i)was negligent or incompetent in his duties;

(ii)has fraudulently completed an assessment;

(iii)has raised a fraudulent fee for his services;

(iv)is unable to satisfactorily complete his duties due to failing ill-health;

(v)has been found guilty of a criminal offence; and

(vi)has had his certificate of competency or qualification suspended or cancelled.

30. Deafness and other physical and mental disabilities

(1)If, in the course of the examination, the examiner finds that a candidate is afflicted with deafness, an impediment in speech or some other physical or mental infirmity, and upon further investigation is satisfied that the degree of infirmity is such as to render the candidate incapable of discharging adequately the ordinary seagoing duties of the holder of a certificate of competency, he shall—

(a)not allow the candidate to complete the examination;

(b)report the case to the Registrar of Ships; and

(c)forward to the Registrar of Ships the candidate's existing certificate, if any, together with a report.

(2)The Registrar of Ships shall consider the candidate for re-examination or the return of any certificate detained if that candidate subsequently produces a medical certificate to the effect that his hearing, speech, or physical or mental condition has improved or is normal.

31. Language of examination

(1)Except for a class 5 certificate of examination which may be conducted in Swahili or/and when a candidate indicates so on the application, other examinations shall be conducted in the English language only.

(2)The candidate shall also be required to show that he can understand a verbal order or written instruction given in English, and give or write an order or instruction in English.

32. Issue of certificates

(1)Application for the issue, revalidation or endorsement of a certificate shall be made in an approved form accompanied by such evidence of relevant service, certificates held or other documents as the Registrar of Ships considers necessary.

(2)An applicant for the issue or revalidation of a certificate of competency, a certificate of recognition, a certificate of rating or a certificate of proficiency shall be required to hold a valid certificate of medical fitness.

(3)The Registrar of Ships may direct a person who is eligible for the issue of a certificate to surrender for cancellation any certificate held by that person which entitles such person to perform duties permitted by the certificate to be issued.

(4)If the candidate passes the examination, and needs to obtain any subsidiary qualification or qualifications before becoming eligible to receive his certificate, he shall be issued with a testimony which he shall be required to produce or sent to the examination centre together with the subsidiary qualification or qualifications listed thereon, when obtained; and the relevant certificate shall be granted upon proof that all the required subsidiary qualifications have been obtained.

(5)A candidate who is partially successful or unsuccessful shall receive a testimony giving the result of the examination.

(6)A candidate who fails in his oral examination shall receive a notice of failure signed by the examiner, and such notice shall—

(a)the examinations the candidate has failed;

(b)the date of the failed attempt; and

(c)any penalties prescribed by the examiner.

(7)Where a candidate who has failed in his oral examination wishes to apply for another assessment at the same level, he shall be required to produce to the examiner a notice issued to him under subregulation (6).

33. Dealing with certificates

(1)If, in relation to certificate, the Minister determines that—

(a)the holder has demonstrated incompetence or misconduct relating to the safe navigation, management or working of a ship; or

(b)the holder is unable from any cause to perform properly the duties appropriate to the certificate; or

(c)there is a need to suspend the certificate on specified conditions, or impose restrictions on the purposes for which the certificate is valid,

he may cancel, suspend or impose restrictions on the purposes for which the certificate is valid for use until specified conditions are met.

(2)For purposes of better carrying out of the provisions of subregulation (1), the Minister may impose the following conditions, namely—

(a)successful completion a particular course;

(b)passing oral examination in appropriate operational knowledge;

(c)completing additional relevant sea service; and

(d)production references.

(3)The Minister may impose the following restrictions on—

(a)duties that may be undertaken;

(b)size of ship;

(c)type of ship;

(d)area of operation;

(e)degree of suspension required.

(4)The Minister shall not cancel, suspend or impose restrictions on the use of a certificate under regulation 33(1) unless the following steps have been completed—

(a)the Minister considers that there are strong grounds for believing that one or more of the circumstances specified in subregulation (1) exist in relation to the certificate;

(b)the holder of a certificate has been informed that action against his certificate is contemplated, and the reason for that move;

(c)the holder of a certificate has been provided with copies of any documents which the Minister intends to use in making his decision;

(d)the holder of a certificate has been allowed sufficient time, which shall not be less than thirty days, during which he may make submissions, which need not be in writing in relation to the decision;

(e)the Minister has given proper consideration to submission made by the holder.

(5)Where a ship is involved in a serious accident or incident and the Minister is satisfied that it is in the interests of safety or the protection of the marine environment that the certificate of a person involved in the accident or incident be suspended or its use limited pending the completion of the procedures specified in 33(4), the Minister may suspend or limit the use of a certificate of the person for a period not exceeding one month as is reasonably necessary for the completion of the procedures set under regulation 33(4).

(6)If a decision has been made to cancel, suspend or impose restrictions on the use of a certificate, the Minister shall cause to be given to the holder of a certificate a notice in writing of—

(a)the decision;

(b)the right of appeal;

(c)the date on which the cancellation, suspension or restriction is to take effect.

(7)The Minister or a person authorised by the Minister for the purpose, may cancel at any time a certificate that has been unlawfully altered by any kind of addition, interpolation or erasure and may cause such further action to be taken, including action for the issue of a replacement certificate, as the circumstances of the case may require.

(8)The holder of a certificate that has been cancelled or suspended shall surrender it to a proper authority within fourteen days of that cancellation or suspension.

(9)Subject to any conditions as may be attached to the suspension, a suspended certificate shall be returned to the holder upon the expiration of the period of suspension.

(10)The Registrar of Ships, may refuse to issue a certificate to a person whose certificate has been cancelled, or is under suspension or has had restrictions imposed on its use.

(11)The Registrar of Ships, may cancel a certificate that contains factual errors and issue a correct certificate in its place.

(12)The Registrar of Ships, if satisfied that a certificate has been lost, stolen, damaged or destroyed, may issue a replacement certificate.

(13)When a lost certificate has been recovered and returned to the holder, the holder shall return the replacement certificate to the Registrar of Ships within fifteen days for cancellation.

Part III – Age, sea service and training requirement for deck officer certificates of competency (regs 34-42)

34. Deck officer class 5

(1)A deck officer Class 5 shall be not less than eighteen years of age and shall have—

(a)at least thirty-six months approved seagoing service in the deck department on vessels of fifty tons or more or at least twelve months as part of an accelerated training Programme which meets the requirements of section A-II/3 and in which on-board training is documented in an approved record book;

(b)performed, during the required sea service, bridge watch-keeping duties under the supervision of a master or a qualified deck officer for a period of not less than six months of the required sea service;

(c)have completed approved education and training meeting the standard of competence specified in section A-II/3 of the STCW Code of officers in charge of a navigational watch on ships of less than five hundred tons engaged on near coastal voyages;

(d)been assessed at levels 1, 2 and 3 to ensure that the competencies specified in paragraph (c) have been attained provided that a candidate not following the approved training route referred to in paragraph (a) need only to be assessed at levels 1 and 3; and

(e)documentary evidence of having successfully completed the approved training in personal safety and social responsibility (A-VI/1-4 in the STCW Code), proficiency in survival craft and rescue boats (A-VI/2-1 in the STCW Code), advanced fire fighting (A-VI/3 in the STCW Code), medical first aid (A-VI/4-1 in the STCW Code) and GMDSS general operator's certificate.

35. Deck officer Class 4

(1)A deck officer Class 4 shall be not less than eighteen years of age and shall have—

(a)at least thirty-six months approved seagoing service in the deck department on ordinary trading vessels of five hundred tons or more or at least twelve months as part of an accelerated training programme which meets the requirements of Section A-II/1 and in which on board training is documented in an approved record book;

(c)have completed approved education and training meeting the standard of competence specified in section A-II/1 of the STCW Code for officers in charge of a navigational watch on ships of less than three thousand tons engaged on near coastal voyages;

(d)been assessed at levels 1, 2 and 3 to ensure that the competencies specified in paragraph (c) have been attained; provided that a candidate not following the approved training route referred to in paragraph (a) need only to be assessed at levels 1 and 3; and

(e)documentary evidence of having successfully completed the approved training in personal safety and social responsibility (A-VI/1-4 in the STCW Code), proficiency in survival craft and rescue boats (A-VI/2-1 in the STCW Code), advanced fire fighting (A-VI/3 in the STCW Code), medical first aid (A-VI/4-T in the STCW Code) and GMDSS general operator's certificate.

36. Officer in charge of a navigational watch Class 3

(1)An officer in charge for a navigational watch, Class 3 shall be not less than eighteen years of age and shall have—

(a)at least thirty-six months approved seagoing service in the deck department on ordinary trading vessels of five hundred tons or more or at least twelve months as part of an accelerated training programme which meets the requirements of section A-II/1 of the STCW Code and in which on board training is documented in an approved record book;

(c)have completed approved education and training meeting the standard of competence specified in section A-II/1 of the STCW Code;

(d)been assessed at levels 1, 2 and 3 to ensure that the competencies specified in paragraph (c) above have been attained provided that a candidate not following the approved training route referred to in paragraph (a) need only to be assessed at levels 1 and 3;

37. Endorsement for a master of port operations

(1)A master of port operations shall be not less than eighteen years of age and shall have served at sea or on ships engaged in port operations for not less than twelve months in any acceptable deck capacity whilst holding a Deck officer Class 5 Certificate of Competency in vessel being either—

(a)ordinary trading vessels;

(b)fishing vessels:

(c)vessels engaged in port operations;

(d)vessels whose operations are wholly within port limits; or

(e)naval vessel:

Provided that the sea time claimed shall be on vessels of over twenty-five tons.

(2)The last six months of the claimed required sea service shall have spent on duties associated with bridge watch-keeping.

(3)The candidate shall have passed a theoretical examination at an approved institution and have been assessed at level 3 to ensure that the competencies specified in the Code have been attained.

(4)In addition to the requirements provided for under subregulations (1), (2) and (3), the candidate shall be required to produce documentary evidence to prove that he has successfully completed the approved training in personal safety and social responsibility (A-VI/1-4 in the STCW Code), proficiency in survival craft and rescue boats (A-VI/2-1 in the STCW Code), advanced fire fighting (A-VI/3 in the STCW Code), medical first aid (A-VI/4-1 in the STCW Code) and Restricted radiotelephone operator's certificate.

38. Endorsement for master of a vessel of less than 500 tons engaged on near coastal voyages

A candidate shall have—

(a)at least twelve months' seagoing service as chief mate on trading vessels over 100 tons on near coastal voyages while holding as a minimum, a certificate of competency as deck officer Class 4;

(b)documentary evidence of having successfully completed the approved training for Proficiency in medical care (A-VI/4-2 in the STCW Code);

(c)passed a theoretical examination at an approved institution and have completed approved training meeting the standards of competence specified in A-II/3 of the STCW Code for masters on ships of less than 500 tons engaged on near coastal voyages; and

(d)documentary evidence of having successfully completed the approved training in personal safety and social responsibility (A-VI/1-4 in the STCW Code), proficiency in survival craft and rescue boats (A-VI/2-1 in the STCW Code), advanced fire fighting (A-VI/3 in the STCW Code), medical first aid (A-VI/4-1 in the STCW Code) and restricted radiotelephone operator's certificate;

(e)been assessed at level 3 to ensure that the competencies specified in paragraph (b) have been attained.

39. Endorsement for Chief Mate of a vessel of less than 300 tons engaged on near coastal voyages

A candidates shall have—

(a)at least twelve months seagoing service as an officer in charge of a navigational watch on trading vessels of over 500 tons on unlimited voyages whilst holding as a minimum, a certificate of competency as deck officer Class 4;

(b)documentary evidence of having successfully completed the approved training for proficiency in medical care (A-VI/4-2 in the STCW Code;

(c)passed a theoretical examination at an approved institution and have completed approved training and examination meeting the standard of competence specified in section A-II/2 in the STCW Code for masters and chief mates on ships between 500 tons to 3 000 tons engaged on near coastal voyages; and

(d)been assessed at level 3 to ensure that the competencies specified in (b) paragraph have been attained.

40. Endorsement for master of a vessel of less than 3 000 tons engaged on near coastal voyages

A candidate shall have—

(a)a certificate of competency as chief mate on ships of less than 3 000 tons engaged on near coastal voyages;

(b)at least thirty-six months seagoing service as an officer in charge of a navigational watch on trading vessels of 5000 tons or more whilst holding as a minimum, a certificate of competency as officer in charge of a navigational watch Class 3;

(c)completed an approved ship management course;

(d)completed approved simulator training in ship handling and manoeuvring, or in lieu additional three months approved seagoing service as chief mate on ships not less than 500 tons on near coastal voyages;

(e)passed a theoretical examination at an approved institution and have completed approved training and examination meeting the standard of competence specified in section A—II/2 in the STCW Code for masters and chief mates on ships between 500 tons and 3 000 tons engaged on near coastal voyages; and

(f)been assessed at level 3 to ensure that the competencies specified in paragraph (b) above have been attained.

41. Chief mate Class 2

A candidate shall have—

(a)at least thirty-six months seagoing service as an officer in charge of a navigational watch on trading vessels of 50 tons or over whilst holding as a minimum, a certificate of competency as deck officer Class 4 with the following conditions—

(i)at least twenty-four months served on trading ships of 500 tons or over;

(ii)at least twenty-four months served on voyages of 24 hours or more duration;

(iii)at least twelve months served while holding an officer in charge of a navigational watch Class 3 certificate;

(b)passed a theoretical examination at an approved institution and have completed approved training meeting the standards of competence specified in Table A-II/2 of the STCW Code and includes management training and knowledge of the International Safety Management Code;

(c)passed the practical training in—

(i)command navigation, ARPA, radar and electronic navigation;

(ii)medical training that meets the standard of competence specified in section A-VI/4 to 6 of the STCW Code;

(iii)advanced fire fighting in accordance with the provisions of section A-VI/3 of the STCW Code;

(d)as a holder, passes the following certificates—

(i)certificate of proficiency in survival craft and rescue boats other than fast rescue boats issued or recognised under these Regulations;

(ii)valid GMDSS General Operators certificate;

(iii)valid medical fitness certificate for service in the deck department; and

(e)has been assessed at level 3 to ensure that the specified competencies have been attained.

42. Master Class I (Master Mariner)

A Master Class I shall have—

(a)at least thirty-six months seagoing service as an officer in charge of a navigational watch on trading vessels of 500 tons or over on unlimited voyages whilst holding as a minimum, a certificate of competency as officer in charge of a navigational watch Class 3 with the following conditions:

(i)At least twenty-four months must have been served on trading ships of 3 000 tons or over;

(ii)at least twenty months must have been served on voyages of twenty hours or more duration;

(iii)at least twelve months must have been served while holding a chief mate Class 2 certificate;

(b)passed a theoretical examination at an approved institution and have completed approved training meeting the standard of competence specified in Table A-II/2 of the STCW Code and includes management training and knowledge of the International Safety Management Code;

(c)passed practical training in:

(i)Command navigation, ARPA, radar and electronic navigation;

(ii)medical training that meets the standard of competence specified in section A-VI/4 to 6 of the STCW Code;

(iii)advanced fire fighting in accordance with the provisions of section A-VI/3 of the STCW Code;

(d)as a holder, the following certificates:

(i)Certificate of proficiency in survival craft and rescue boats other than fast rescue boats issued or recognised under these Regulations;

(ii)valid GMDSS general operators certificate;

(iii)valid medical fitness certificate for service in the deck department; and

(iv)been assessed at level 3 to ensure that the specified competencies have been attained.

Part IV – Age, sea service and training requirements for engineer officer certificates of competency (regs 43-47)

43. Marine Engineer Officer Class 4

(1)A Marine Engineer Officer Class 4 shall be not less than eighteen years of age and shall have—

(a)completed not less than six months approved sea service as an assistant engineer officer in the engine department on a vessel powered by main propulsion machinery of 750 kW propulsion power or more under the supervision of an engineer officer in possession of a higher qualification;

(b)passed a theoretical examination at an approved institution and have completed approved training and the training shall be either one of the following:

(i)An approved cadetship of at least thirty months comprising the following elements:

(aa)practical workshop training;

(bb)theoretical education; and

(cc)at least six months' sea service; or

(ii)a full time course of study of at least the standards of a National Full Technician Certificate in Mechanical Engineering at a Technical College or University level together with two year of engineering training of relevance to the duties of a seagoing engineer officer;

(c)been assessed at levels 1, 2 and 3 to ensure that the competencies specified in Chapter III section A-III/1 of the STCW Code have been attained;

(d)documentary evidence of having completed the approved training in social responsibility (A-VI/1-4 in the STCW Code), proficiency in sea survival craft and rescue boat (A-VI/2-1 in the STCW Code), advanced fire fighting (A-VI/3 in the STCW Code), and medical first aid (A-VI/4-1 in the STCW Code) before he is considered as having qualified for issue of the Certificate of Competency - Officer-in charge of an engineering watch limited to ships of propulsion power of between 750 kW and 3 000 kW on near coastal waters.

(2)The training and examination shall be required to meet the standards of competence promulgated in section A-III/1 the STCW Code.

44. Officer-in-charge of an engineering watch Class 3

(1)A candidate shall be not less than eighteen years of age and shall have—

(b)passed a theoretical examination at an approved institution and have completed approved training and the training shall be either one of the following—

(i)an approved cadetship of at least thirty months comprising the following elements;

(aa)practical workshop training;

(bb)theoretical education; and

(cc)at least six months' sea service; or

(ii)four years of engineering craft training, with a remission of one year granted to candidates who have completed secondary education in mechanical engineering or the workshop school period which includes one year off job in the use of tools and techniques of general engineering craft at a training institute recognised in this relation by the Ministry for other candidates;

(iii)a full time course of study of at least the standards of a National Full Technician Certificate in mechanical engineering at a technical college or University level together with two year of engineering training of relevance to the duties of a seagoing engineer officer;

(c)been assessed at levels 1, 2 and 3 to ensure that the competencies specified in Chapter III of the STCW Code have been attained;

(d)documentary evidence of having completed the approved training in social responsibility (A-VI/1-4 in the STCW Code), proficiency in sea survival craft and rescue boat (A-VI/2-1 in the STCW Code), advanced fire fighting (A-VI/3 in the STCW Code), and medical first aid (A-VI/4-1 in the STCW Code) before he is considered as having qualified for issue of the Certificate of Competency-Officer-in charge of an engineering watch in a manned engine room or designated duty engineer in a periodically unmanned engine room on ships of propulsion power 750 kW or more.

(2)The training and examination shall be required to meet the standards of competence promulgated in section A-III/1 of the STCW Code.

45. Second Engineer Officer Class 2 for a vessel of 300 kW propulsion power or more

(1)A candidate shall—

(a)have completed not less than twelve months approved sea service as an assistant engineer officer engineer in the charge of a watch whilst holding a marine engineer officer Class 3 certificate of competency on vessels powered by main propulsion machinery of 300 kW power or more;

(b)have passed a theoretical examination at an approved institution and have completed approved training meeting the standard of competence promulgated in the Code; and

(c)have completed approved education, training, examination and been assessed at level 3 to ensure that the competencies set out in section A-III/2 of the STCW Code have been attained and that he has met the standard of competence set out in section A-III/2 of the STCW Code for Certificate of Competency as Second Engineer Officer.

(2)A Second Engineer Officer shall, for vessels between 750 kW and 3 000 kW propulsion power, comply with the requirements of subregulation (1):

Provided that, the appropriate propulsion power requirements in subregulation (1) shall at least be 750 kW or more.

46. Chief Engineer Officer Class 1 for a vessel of 3,000 kW propulsion power or more

(1)A Chief Engineer Officer Class 1 for vessels of 3,000 kW propulsion power or more shall—

(a)have completed not less than thirty-six months of approved sea service on vessel powered by machinery of 3,000 kW propulsion power or more provided that, not less than twelve months shall have been served in a position of responsibility whilst qualified as second engineer officer on a seagoing vessel powered by machinery of 3,000 kW propulsion power or more;

(b)have passed a theoretical examination at an approved institution and have completed approved training and such training and examination meet the standard of competence promulgated in section A-III/2 of the STCW Code for a Certificate of Competency as Chief Engineer Officer; and

(c)has been assessed at level 3 to ensure that the competencies specified in section A-III/2 of the STCW Code have been attained.

(2)A Chief Engineer Officer Class 2 of a vessels between 750 kW and 3,000 kW propulsion shall comply with the requirements of subregulation (1):

Provided that, the propulsion power requirements in subregulation (1) is at least 750 kW or more.

47. Engineer qualification endorsements

(1)A Second Engineering Officer wishing to serve in the position of Chief Engineer Officer shall—

(a)on vessels with propulsion power between 750 kW and 3,000 kW—

(i)be qualified as a second engineer officer to serve on vessels of not less than 3,000 kW propulsion power;

(ii)have completed not less than twelve months approved seagoing service as engineer officer in a position of responsibility; and

(iii)have passed a theoretical examination at an approved institution and have completed approved training meeting standards of competence promulgated in section A-III/2 of the STCW Code;

(b)on vessels with propulsion power of less than 750 kW—

(i)be qualified as a second engineer officer to serve on vessels between 750 kW and 3,000 kW;

(ii)have completed not less than six months' approved seagoing service as engineer officer in a position of responsibility; and

(iii)have passed a theoretical examination at an approved institution and have completed approved training meeting the standards of competence promulgated in section A-III/2 of the STCW Code.

(2)An Engineering Officer wishing to serve in the position of Second Engineer Officer on ships of between 750 kW and 3 000 kW engaged on near coastal voyages shall:

(a)Hold a Certificate of Competency as Officer in-charge of an engineering watch limited to ships of propulsion power of between 750 kW and 3 000 kW engaged on near coastal voyages;

(b)have completed approved seagoing service as an Officer in-charge of an engineering watch on ships of propulsion power of between 750 kW and 3 000 kW for a period of not less than twelve months; and

(c)have completed approved education, training, examination and assessment meeting the standard of competence specified in section A-III/2 in the STCW Code for Chief and Second Engineer Officers on ships of propulsion power of between 750 kW and 3 000 kW.

Part V – Age, sea service and training requirements for rating and other certificates of qualification (regs 48-55)

48. Ordinary seaman and the certificate limited to port operations

(1)An ordinary seaman limited to port operations shall be not less than sixteen years of age and shall have—

(a)at least six months approved sea service with approved on-board training on vessels of over 100 tons on unlimited or near coastal voyages or have at least two months of the same sea service with approved on board training;

(b)successfully completed an approved shore-based training course;

(c)been assessed at level 2 to ensure that the competencies specified in paragraph (b) have been attained;

(d)documentary evidence of having successfully completed the approved training in personal survival techniques (A-VI/1-1 in the STCW Code), fire prevention and fire fighting (A-VI/1-2 in the STCW Code) elementary first aid (A-VI/1-3 in the STCW Code) and personal safety and social responsibilities (A-VI/1-4 in the STCW Code);

(e)met the standards of competence specified in section A-II/4 of the STCW Code; and

(f)been issued by the principal of the training institute which the satisfactory assessment has been completed, a provisional ordinary seaman's certificate of qualification.

(2)Where a candidate has accumulated the prescribed sea service mentioned in subregulation (1) on vessels restricted to port operations only and has been satisfactorily assessed at level 2 to ensure that the applicable competencies set out in paragraph (1)(b) have been attained, such candidate may be issued by the Principal of the training institute, a provisional ordinary seaman's (port operations) certificate of qualification.

(3)The provisional certificate shall be valid for a period of six months from the date of issue and may be changed to a full term certificate upon application to the Registrar of Ships.

49. Able seaman and the certificate limited to port operations

(1)An able seaman limited to port operations shall have—

(a)at least twelve months approved sea service with approved on-board training;

(b)successfully completed an approved shore-based training course; and

(c)documentary evidence of having successfully completed the approved training in personal survival techniques (A-VI/1-1 in the STCW Code), fire prevention and fire fighting (A-VI/1-2 in the STCW Code) elementary first aid (A-VI/1-3 in the STCW Code) and personal safety and social responsibilities (A-VI/1-4 in the STCW Code);

(2)Where an able seaman has complied with the requirements specified in subregulation (1) and has accumulated the prescribed sea service on vessels restricted to port operations only, such candidate may qualify for a certificate of qualification as a wiper port operations:Provided that, that person may in lieu of holding the applicable certificates, as ordinary seaman, shall also hold certificate of qualification as ordinary seaman (port operations); and the certificate of proficiency in sea survival craft and rescue boats.

50. Oiler and the certificate limited to port operations

(1)An oiler limited to port operations shall have—

(a)at least twelve months approved sea service with approved on-board training on trading vessel of over 100 tons on unlimited or near coastal voyages or at least six months of the same sea service with approved on board accelerated training;

(b)successfully completed an approved shore-based training course; and

(c)documentary evidence of having successfully completed the approved training in personal survival techniques (A-VI/1-1 in the STCW Code), fire prevention and fire fighting (A-VI/I-2 in the STCW Code) elementary first aid (A-VUI/1-3 in the STCW Code) and personal safety and social responsibilities (A-VI/11-4 in the STCW Code).

(2)Where an oiler complies with the requirements specified in subregulation (1) and has accumulated the prescribed sea service on vessels restricted to port operations only, such candidate may qualify for the issue of a certificate of qualification as wiper (port operations):Provided that the candidate may in lieu of holding—

(a)the applicable certificate, as wiper, hold the certificate of qualification as wiper (port operations); and

(b)the certificate of proficiency in survival craft and rescue boats other than fast rescue boats where required.

51. Efficient general purpose rating and the certificate limited to port operations

(1)For an efficient general purposes rating and certificate limited to Port operations, a candidate shall have—

(a)at least eighteen months approved sea service with approved on-board training on vessels of over 100 tons on unlimited or near coastal voyages and such sea service shall consist of—

(i)at least six months served on deck, at least six months served in the engine room; and

(ii)at least six months served either on deck or in engine room:

Provided that during the sea service period the candidate shall be a holder of the certificate of qualifications as a wiper and ordinary seaman the combined sea service complying with the requirements of regulations 48 and 50, or ordinary dual purpose rating;

(b)documentary evidence of having successfully completed the approved training in personal survival techniques (A-VI/1-1 in the STCW Code) fire prevention and fire fighting (A-VI/1-2 in the STCW Code) elementary first aid (A-VI/1-3 in the STCW Code) and personal safety and social responsibilities (A-VI/1-4 in the STCW Code); and

(c)met the standards of competence specified in sections A-II/4 and A-III/4 of the STCW Code.

(2)Where a candidate complies with the requirements specified in subregulation (1) and has accumulated the prescribed sea service on vessels restricted to port operations only, and has been satisfactorily assessed at level 2 to ensure that applicable competencies have been attained, such candidate may qualify for the issue of a provisional efficient general purpose rating (port operations) Certificate of qualification by the Principal of the appropriate training institute.

(3)The provisional certificate shall be valid for a period of six months from date of issue and may be changed to a full term certificate upon application to the Registrar of Ships.

52. Certificate of safety training

(1)For a person to qualify for a certificate of safety training a candidate shall be not less than sixteen years of age and shall be required to have successfully completed an approved training course that complies with the training and assessment standards specified in Table A-VI/I of the STCW Code.

(2)If the Registrar of Ships is satisfied that circumstances are such that it would be unreasonable or impracticable to require a person to comply fully with subregulation (1), that person may be issued with a certificate of safety training for such voyages and subject to such conditions as the Registrar of Ships may determine.

53. Proficiency in survival craft and rescue boats other than fast rescue boats

To qualify for a proficiency in survival Craft and rescue boats, a candidate shall be not less than eighteen years of age and shall have—

(a)completed at least six months' sea service and documentary proof of having successfully completed an approved training course that complies with section A-VI/2 paragraphs 1 to 4 of the STCW Code 3;

(b)been assessed at level 2 to ensure that the competencies specified in the Code have been attained.

54. Proficiency in fast rescue boats

For any person to qualify for a proficiency in fast rescue boats, a candidate shall be not less than eighteen years of age and shall have—

(a)to hold a certificate of proficiency in survival craft and rescue boats other than fast rescue boats; and

(b)successfully completed an approved training course that complies with section A-VI/2 paragraphs 5 to 8 of the STCW Code.

55. Efficient cook

For a post of an efficient cook, a candidate shall be at least eighteen of age and shall have documentary proof of having completed a training course as cook or chef and have completed at least six months' sea service in the catering department.

Part VI – Estimating sea service and training (regs 56-69)

56. Insufficient sea service

(1)If after the final assessment it is found that a candidate's sea service is insufficient to entitle him to receive a certificate of that class for which he has been assessed, a certificate of such class shall not be granted to him.

(2)Notwithstanding the provisions of subregulation (1), the Registrar may, if satisfied that the error in calculation of the candidate's service did not occur through fault or wilful misrepresentation by the candidate, grant to that person such certificate after the candidate has made up the deficiency in the sea service.

(3)The Registrar may, if satisfied that the error was made deliberately by the candidate, withhold the candidate Certificate of pass until the candidate has completed an additional twelve months' qualifying sea service and such sea service shall only count when completed after the date of final assessment and shall not count as qualifying time towards any other certificate.

57. Sea service as a rating

Sea service as a rating for a first certificate of competency shall count in full, provided that an approved training course is followed and the sea service is applicable for that requirement the certificate of competency.

58. Removal of an Eastern Africa Trading area or port operation limitation

The holder of a certificate endorsed "Eastern Africa Trading Area" or "port operations" only requiring to remove such endorsement shall—

(a)have completed the full required approved sea service on trading vessels of the appropriate tonnage required for each certificate of competency or qualification leading up to the certificate of competency or qualification the candidate wants to obtain;

(b)have completed any units of competency not covered in the Eastern Africa Trading Area or port operations certificate but required for the non-endorsed certificate;

(c)have completed any training courses not covered in the Eastern Africa Trading Area or port operations certificate but required for the non-endorsed certificate;

(d)at the conclusion of the required sea service be assessed at level 3 to ensure that the competencies specified in the Code have been attained; and

(e)submit to the assessing examiner satisfactory proof of the required sea service, a certificate pass from an accredited institution for the additional units of competency, a training record book, a valid sight test certificate and a valid medical certificate.

59. Non-trading service

(1)Service in marine craft of the Tanzania Navy and other similar vessels which regularly proceed to sea shall count in full towards the qualifying service for classes 3, 4 and 5 certificates and candidates shall in addition, have served for at least twelve months in trading vessels.

(2)Service in the Tanzanian Navy for which a reasonable part is spent at sea, may count as qualifying sea service at two thirds rate up to a maximum of six months.

(3)Service performed exclusively in trawlers and other deep sea fishing vessels, or in pilot vessels which regularly cruise on a pilot station to outside smooth water for periods exceeding 24 hours, shall count in full towards the qualifying service for classes 3, 4 and 5 certificates, and candidates shall in addition, have to serve for at least twelve months in trading vessels.

(4)Service in cable ships, fishery cruisers, research vessels, salvage vessels, navigational aids tender and other vessels engaged in similar activities will be counted in full if the time actually spent at sea constitutes or exceeds two-thirds of the total period of service on board ship, and where the actual sea service shall be counted as qualifying service, candidates shall be required to produce, in addition to the evidence of sea service required of all candidates, a statement or certificate from the owner of the ship showing the amount of time actually spent at sea.

(5)Service performed in a new vessel during the final stages of construction, by an office who subsequently serves in such a vessel on the maiden voyage, will count in full towards the qualifying service for a Class 1 Certificate of Competency up to a maximum of six months.

60. Reckoning qualifying sea service for deck department

(1)Qualifying sea service for certificates of competency and command endorsement shall be performed in the deck department.

(2)The qualifying service specified for any particular certificate of competency or endorsement shall be performed within a period of ten years preceding the date upon which a first attempt is made at the examination.

(3)Except where otherwise specified qualifying service required for all certificates of competency and command endorsements thereto, shall be performed in ships which proceed to sea and are actively engaged in commercial trading; a proportion of certain kinds of non-trading service may be accepted in lieu of a limited amount of service in trading vessels, and non-trading service not specifically provided for in these Regulations shall not be accepted as a qualifying service.

(4)Qualifying service shall be reckoned from the date of engagement to the date of discharge from a ship, and subject to verification against the Registrar of Seamen as may be required the certificate of discharge shall be accepted as proof of sea service, except that where service in charge of a watch is required, certificates of watch keeping service shall also be produced.

(5)A candidate other than a cadet or a trainee deck officer for class 3, 4 and 5 certificate shall be required to produce a statement from the Master under whom he has served or from his employer or employers that during the final twelve months of his sea service at least six months have been spent on duties associated with bridge watch-keeping under the supervision of certified officer.

(6)A cadet or a trainee deck officer shall produce satisfactory evidence of a training programme followed throughout the specified period of sea service, and a candidate who fails to produce evidence that he has followed a training programme approved by the Minister shall be required to perform an additional period of sea service before being admitted to the examinations.

(7)A maximum of six months watch keeping service in a two-watch ship may be counted on and one-fifth times the actual service performed.

(8)Proof of sea service of personnel serving in foreign vessels, which cannot be verified by the Registrar of Ships shall be required to be confirmed by the Master and either by the Consul or by some other recognised official authority of the foreign country, or by some responsible person having personal knowledge of the facts to be established, and the production of such proof shall not necessarily be deemed sufficient.

(9)Where watch keeping service is required, a candidate shall prove by the production of certificates signed by the Master(s) of the vessel in which he has served that he has acted as watch keeping officer for not less than eight hours out of every twenty-four hours service claimed.

(10)The candidate's service shall be calculated in the following manner—

(a)the candidate's qualifying sea service as shown by his discharges and testimonials shall be reckoned by the calendar months, that is to say, the time included between any given day in any month and preceding day of the following month, both inclusive;

(b)the number of complete months from the commencement of the period ascertained as in subregulation (4), shall be computed, after which the number of odd days shall be counted;

(c)the day on which the agreement commences, as well as that on which it terminates shall both be included, all leave of absence shall be excluded and all odd days added together and reckoned at thirty days to the month.

61. Reckoning qualifying sea service for engine department

(1)Except where otherwise stated, "qualifying sea service" means service under crew agreements in an engine-room capacity on watch for less than eight of each twenty-four hours of service claimed, in ships with propelling machinery in full use.

(2)Where part or whole of the service has been performed in ships which for considerable periods have not been under way has to be produced, a statement from the owner of the ship stating the time of days actually under way, and in such circumstances qualifying sea service may be reckoned as one and a half times the number of days actually spent under way but in no case it can exceed the time spent on articles during the period concerned.

(3)In the case of Class 1 examination the candidate shall perform the service for twelve months period as Engineer Officer in charge of the watch, but service as second in seniority on ships where three or more Engineer Officers are on regular watch at the same time will be accepted.

(4)Sea service performed by engineer officer employed in work practices in ships operated on other than the traditional eight hour watch keeping routine may be accepted as qualifying sea service if the board of examiners is satisfied that such work practices provide a reasonably balanced system of service, but sea service falling within the scope of this subregulation shall be assessed according to the following general principles that is—

(a)when an Engineer is nominated as being in sole charge of periodically unattended machinery spaces for a period of twenty-four hours, the time so spent on such, 'on call' watch keeping may be accepted at one-and-half rate, the remainder of the time on articles shall be considered as daywork and allowed to count towards qualifying sea service as detailed in subregulation (2), and the total sea service accepted under these conditions shall be either that computed in accordance with this subregulation or the time actually spent on articles, whichever is less;

(b)time spent on auxiliary machinery essential to the running of the main propelling machinery shall be allowed to count in full towards qualifying sea service, this service being subject to a maximum acceptable limit of nine months;

(c)engineering work carried out within the engine and boiler spaces of a steam or motor ship at sea other than that performed on regular watch, shall be counted towards qualifying service up to eight months at full rate and any further period at half rate; the total service so calculated is subject to a maximum acceptable limit of twelve months;

(d)service in smooth waters in ships exempted under regulation 82, shall be accepted at half rate; the total service so calculated being subject to a maximum acceptable limit of half of the required sea service.

(5)Every candidate shall produce testimonials in respect of his qualifying sea service, and such testimonials shall state the seniority on watch, the type of main propelling machinery and the nature of the duties performed, and shall be signed by the chief engineer and endorsed by the engineer superintendent or by the master or other representative of the owner.

(6)When a candidate has acted in the capacity of a Chief Engineer, the testimonial or testimonials should be signed by the company's Engineer Superintendent or a person of responsibility within the company.

62. Physical or mental disabilities

Where a candidate suffers from any physical or mental disability which might interfere with the proper performance of his duties as an engineer officer, the signatories of his testimonials shall state whether such defect has in fact interfered in any way with the efficient discharge of the candidate's duties.

63. Verification of sea service

(1)Sea service in ordinary merchant ships which cannot be verified by proper entries in the Articles of Agreement of the ships in which the candidate has service shall not be accepted, unless authenticated in the manner prescribed in subregulation 2.

(2)Proof of service in foreign vessels which cannot be verified by the Registrar of Ships shall be confirmed either by a Consul or by some other recognised officials or authority of the foreign country, or by some responsible person having personal knowledge of the facts to be established.

64. Recognition of a radio officer's certificate of competency

(1)A radio officer who holds a Tanzania Post-Master General's Certificate of competency as radio operator class 1 or 2, or its equivalent, and who has three years sea service as a radio officer on trading vessels of 500 tons or more on unlimited voyages may apply for the issue of a certificate of competency as deck officer, provided that he is able to produce documentary proof of having—

(a)completed the one year sea service within ten years proceeding the date of application;

(b)completed six months' sea service with approved on-board training on a trading vessel of 500 tons or more on unlimited voyages and have performed, during the required four months sea service, one month bridge watch-keeping duties under the supervision of a deck officer;

(c)successfully passed the written and oral examinations in the subjects required for deck officer;

(d)been successfully assessed at levels 1 and 2 in an on-board training book at the operational level; and

(e)been successfully assessed at level 3 for the issue of a deck officer's certificate of competency.

(2)The application made under subregulation (1) shall be accompanied by the supplementary documents required in regulation 16.

65. Vessels not proceeding regularly to sea or engaged in mining operations whilst at anchor

(1)Service performed by deck officers in ships which do not regularly proceed to sea, shall be counted in full if the time actually spent at sea constitutes or exceeds two-thirds of the total period of service on board such ship and if the time actually spent at sea falls below this proportion, one and one half times the time actually spent at sea shall be counted as qualifying service.

(2)Sea service performed by deck officers in ships which spend less than two-third of the time at sea at anchor engaged in mining operations shall be counted in full towards the qualifying time, and whereas, the time spent at anchor exceed two-third of the time at sea, only time actually spent at sea steaming shall be counted as qualifying service.

(3)Where sea service is claimed in accordance with this regulation, the deck officer shall produce a statement from the master or owner of the ship giving details of the dates when the ship was at sea on passage, at anchor and the work that the ship was engaged in and the area of operation.

(4)Service claimed under this regulation shall be counted as Eastern Africa Trade area or unlimited as the case may be.

66. Accreditation of training institutions

(1)Any training institution may, upon written application be accredited by the Minister to conduct courses and act as approved examination centre for specific examination and issue certificate for specific course.

(2)An application for accreditation shall include, as appropriate—

(a)the name and physical address of the institution;

(b)the course contents referred in the Code of Tanzanian Maritime Qualifications with the lecturer's study plans of the subjects contained in the course;

(c)the name of the course lecture or instructors with a brief description of his qualification and experience;

(d)the names, qualifications and experience of the institutions examiner and assessors;

(e)the examination and assessment procedure and processes;

(f)specimen copies of the certificates the institute wishes to issue;

(g)the facilities available to train and assess the candidate; and

(h)details of any quality assurance programme the institution has in place to ensure that the standards of the STCW Convention are met.

(3)For purposes of accreditation, training institutions shall, upon a reasonable period of request, make available for inspection by Board of Examiners, classrooms, simulators, simulator approvals, libraries, laboratories, workshops, lecturers study programs, test script, past examination papers and script, and for interview, heads of department, lecturers, instructors, examiners and students.

(4)The Minister shall by notice in the Gazette advertise the accreditation of an institution.

(5)Upon accreditation, the institution shall—

(a)make available on an annual basis the course start and completion dates and examination dates;

(b)inform the Registrar of Ships as soon as possible of any change in lecturers and examiners and a lecturer's study plan.

(6)Accredited training institutions conducting examinations and assessment on behalf of the Ministry, shall—

(a)make available in adequate examination question papers and their memoranda for moderation by the Board of Examiners;

(b)make available as soon as possible examination script for moderation by the Board of Examiners;

(c)make available inspection, upon receipt of two working days notice, a candidates course examination script and results, records of progress, handed in projects and reports by his tutors as maintained under a quality assurance programme; and

(d)keep for purposes of inspecting the documents specified in subregulation (6)(c) for a period of not less than five years.

(7)The Board of Examiners may visit an accredited institution during an examination or the proceedings of a course for purposes of inspecting such examination or course and the institution shall upon one day's notice give access to the examiner to conduct his inspection.

(8)Accreditation may be withdrawn by the Minister if an institution fails to comply with the conditions of accreditation, or the standards set out for, the issue of a certificate, or where the Minister has reasonable cause to withdraw accreditation.

(9)Before withdrawing accreditation of an institution the Minister shall inform that institution the reasons for the withdrawal and give such institution thirty days to correct any deficiencies or furnish proper reasons why the accreditation should not be withdrawn.

(10)Where the Minister considers it necessary to withdraw accreditation of any institution, he shall by notice published in the Gazette withdraw that accreditation.

67. Training programmes and training record books

(1)A candidate who undergoes an accelerated training programme in order to claim the reduced seagoing service for deck officer or engineer officer certificate of competency or the certificate of qualification as wiper, ordinary seaman, oiler or able seaman with or without a port operation limitation, shall have to show the examiner—

(a)satisfactory proof that an approved on-board accelerated training programme was followed throughout the required minimum sea service period;

(b)that all service whilst on board was performed in a satisfactory manner; and

(c)that for a candidate as deck officer, not more than two months of that service was spent on ships in port standing-by, in dry-dock, undergoing engine repairs or otherwise laid up.

(2)The structure of the programme of training shall be set out in a training plan which clearly expresses for all parties involved the objectives of each stage of training on board and ashore and such plan shall be clear to the prospective candidate, tutor, ships' staff and company personnel about the competencies which are to be achieved at the end of the programme and how they are to be achieved through a combination of education, training and practical experience on board and ashore.

(3)Every candidate shall be provided with a training record book to enable a comprehensive record of practical training and experience at sea to be maintained.

(4)The record book duly completed in accordance with the requirements of regulation 27(1), shall, if applicable, be submitted to the Board of Examiners' before the oral examination, as proof that a structure programme of on-board training has been completed.

(5)The accelerated training programme shall be approved by the Minister before being put into operation and such approval shall be promulgated in a marine notice.

(6)Every candidate who does not follow accelerated training programme for certification as an officer in charge of an engine room or navigational watch, or for certification as a rating in the engine room or deck department may dispense with the accelerated training programme specified in subregulation (1) and such candidate will have completed for presentation to the examiner when applying for the appropriate certificate, a training record book with the units of competency completed as assessment level 1.

(7)A training record book—

(a)shall be completed in full and may not be submitted to the Board of Examiners until all applicable units of competency are duly completed;

(b)shall be laid out in such a way that it can provide detailed information about the tasks and duties which are to be undertaken and the progress towards their completion;

(c)shall follow the principles outlined in the STCW Convention and be approved by the Registrar of Ships before being put into use and the Registrar of Ships shall indicate such approval by notification in marine notice.

(8)A training record book found to have been duly completed under fraudulent circumstances shall result in its owner being required to complete an additional twelve months approved sea service.

68. In-service training

(1)Any person conducting in-service training of a seafarer, either on-board or ashore, intended to be used in qualifying for certification under these Regulations, shall—

(a)have an appreciation of the training programme and an understanding of the specific training objectives for the particular type of training being conducted;

(b)have proof of being qualified in the task for which training is being conducted; and

(c)if conducting training using a simulator, have proof of—

(i)having received appropriate guidance in instructional techniques involving the use of simulator; and

(ii)having gained practical operational experience on the particular type of simulator being used.

(2)Any person who is responsible for the supervision of in-service training of a seafarer intended to be used in qualifying for certification under these Regulations, shall have a full understanding of the training programme and the specific objectives for each type of training being conducted.

69. Roles and responsibilities in the training programme

(1)The company shall be responsible for ensuring that—

(a)appropriate period is set aside for completion of the programme of on-board training within the normal operational requirements of the ship;

(b)at the beginning of the programme and at the start of each voyage on a different ship, prospective candidates are given full information and guidance as to what is expected of them and how the training programme is to be organised;

(c)a company training officer is appointed to administer the programme;

(d)shipboard officers responsible for training and assessment are aware of their duties and responsibilities regarding training;

(e)shipboard officers receive appropriate training in assessment methods;

(f)in the required period of seagoing service the candidate receives systematic practical training and experience in the tasks, duties and responsibilities for the certificate of competency or qualification required, taking into account the competencies specified in the STCW Code;

(g)assessment of a candidate are arranged without undue delay when a candidate is judged ready for such assessment;

(h)the on-board training is an integral part of the overall training plan;

(i)the programme of on-board training is managed and co-ordinated by the company which manages the ship on which the seagoing service is to be performed; and

(j)record of the training undertaken is maintained.

(2)The company training officer shall be responsible for—

(a)overall administration of the programme of training;

(b)monitoring the progress of the prospective candidate throughout the training programme; and

(c)issuing guidance as required and ensuring that all concerned with the training programme play their parts.

(3)The master's responsibilities shall be to—

(a)provide the link between the responsible shipboard officer and the company training officer ashore;

(b)designate in writing officers on-board responsible for organising and supervising the programme of a prospective candidate's training on-board for the duration of each voyage;

(c)ensure the continuity if the shipboard training officer is relieved during the voyage; and

(d)ensure that all concerned are effectively carrying out the on-board training programme.

(4)The shipboard officers shall, if the master is satisfied that these duties may be carried out without affecting the vessel's operation, be responsible for—

(a)organising the programme of practical training at sea;

(b)ensuring in a supervisory capacity that training record book is properly maintained and all other requirements are fulfilled; and

(c)making sure, so far as is practicable, that the time the prospective candidate spends on board is as useful as possible in terms of training and experience, and is consistent with the objectives of the training programme and the progress of training.

(5)The prospective candidate's responsibilities shall be to—

(a)diligently complete the programme of training as laid down;

(b)make the most of the opportunities presented;

(c)keep the training record book up to date and ensure that it is available at all times for scrutiny.

Part VII – Safe manning and equivalence of certificates and endorsements (regs 70-86)

70. Employment of master on ships of 50 gross tons or more

The owner of every ship of 50 gross tons or more going to sea from any port or operating at a port in the United Republic shall—

(a)employ as master of the ship a person holding a certificate of competency not lower than the highest class or grade of certificate required to be held by any other deck officer employed in terms of these Regulations;

(b)ensure that the master before taking command of the ship, has the appropriate experience in the type of ship he is to command, is familiarised with his specific duties and with the ships arrangements, installations, equipment, procedures and characteristics relevant to taking command; and

(c)ensure that, in the case of a ship to which the STCW convention applies, the master's certificate of competency—

(i)is valid or has been re-validated to establish continued professional competence in accordance with regulation I/11 of the convention; and

(ii)is appropriately endorsed as required by regulation I/2 of the convention.

71. Employment of officer and other persons on ships of 50 gross tons or more

(1)The owner and master of every ship of 50 gross tons or more shall—

(a)ensure that no officer take charge of a navigational or engineering watch unless he is the holder of the appropriate certificate of competency;

(b)ensure that, in the case of a ship to which the STCW Convention applies, the certificate of competency of any officer in charge of a navigational, engineering or radio watch—

(i)is valid or has been re-validated to establish continued professional competence in accordance with regulation I/11 of the convention; and

(ii)is appropriately endorsed as required by regulation I/2 of the convention;

(c)ensure that no rating forms part of navigational or engineering watch unless he is the holder of the appropriate certificate of qualification;

(d)in addition to the officers and other persons required to be employed in term of these Regulations, employ as crew of the ship the number and description of persons necessary to ensure that the ship is sufficiently and efficiently manned;

(e)ensure that all certificated officers and other persons employed on the ship are, before being allowed to take change of their assigned duties, familiarised with their specific duties and with all the ships arrangements, installations, equipment procedures and characteristics relevant to their routine and emergency duties;

(f)ensure that every certificated officer has the appropriate experience applicable to the type of ship on which he is to be employed;

(g)ensure that any person, other than certificated officer or rating employed on the ship and designated to have safety or pollution prevention duties has documentary proof confirming that he has successfully completed an approved training course relating to those duties; and

(h)ensure that any person employed on the ship and going to the sea for the first time has completed an approved safety induction course.

72. Fitness for duty and watch keeping standards

(1)The owner and master of every ship shall be required to ensure that the watch keeping standards set out in Chapter VIII of the STCW Code, are complied with on the ship at all relevant times.

(2)No person shall be qualified to form part of a navigational watch on a ship of 500 gross tonnage or more unless that person holds a valid certificate of medical fitness for the deck department and is the holder of a valid—

(a)certificate of competency or certificate of recognition referred to in regulation 5(1) of these Regulations;

(b)certificate of rating referred to in regulation 5(3) of these Regulations;

(c)certificate of safety training referred to in regulation 4(4), together with documentary evidence to the satisfaction of the master that the person is competent to form part of a navigational watch.

(3)No person shall be not qualified to form part of engine room watch unless that person holds a valid certificate of medical fitness for the engine department, and is the holder of a valid—

(a)certificate of competency or certificate of recognition referred to in regulation 5(2) of these Regulations;

(b)certificate of rating referred to in regulation 5(2) of these Regulations;

(c)certificate of safety training referred to in 5(4) of these Regulations together with documentary evidence to the satisfaction of the chief engineer that the person is competent to form part of navigational watch.

73. Employment of person in possession of certificates endorsed for use on tankers and ro-ro passenger ships

(1)Officers and ratings serving on tankers, who are assigned specific duties and responsibilities related to cargo or cargo equipment, shall hold the appropriate certificate of competency or qualification specially endorsed for duty on tankers, which endorsement shall satisfy any additional requirements prescribed by regulation 6 of these Regulations.

(2)The master, chief mate, chief engineer officer and second engineering officer and any other person with immediate responsibility for loading, discharging and care and transit of cargo on a tanker shall be required to hold the appropriate certificate of competency specially endorsed for specialised duty on tankers, which endorsement shall satisfy any additional requirements prescribed by regulation 6 of these Regulations.

(3)Masters, officers and ratings serving on ro-ro passenger ships, shall hold the appropriate certificate of competency or qualification specially endorsed for certain duties on ro-ro passenger ships, which endorsement shall satisfy any additional requirements prescribed by regulation 7 of these Regulations.

(4)Other personnel providing direct service to passengers in passenger space on ro-ro passenger ships on unlimited voyages shall be required to possess documentary proof of having satisfactorily competed an approved course as specified in regulation 7 of these Regulations.

(5)Officers and ratings who are required to hold any endorsement or documentary proof in terms of this regulation shall—

(a)in the case of tankers, show continued professional competence on tankers by complying with the requirements of regulation 6 of these Regulations in relation to the type of tanker for which the endorsement is held; and

(b)in the case of ro-ro passenger ships, at intervals not exceeding five years, undertake appropriate refresher training.

74. Employment of persons holding certificates of competency issued by or on behalf of other governments

(1)Any company owning a ship to which the STCW Convention applies shall not employ an officer holding a certificate of competence issued by or on behalf of another government, unless—

(a)the officer's certificate is endorsed in term of Regulation I of the convention; or

(b)in the absence of such an endorsement, the officer's certificate is issued and is valid in terms of the STCW Convention and his period of employment does not exceed three months, and the owner make application within that period for an endorsement in terms of Regulation I/11 of the convention.

(2)The owner of ship to which the STCW convention does not apply shall not employ an officer holding a certificate of competency issued by or on behalf of another government, unless the Registrar of Ships has authorised the officer's employment on the ship.

(3)Application for an authorisation under subregulation (2), shall be made by the owner of the ship to the Registrar of Ships and it shall be—

(a)made before the officer assumes duties on the ship; and

(b)accompanied by the officer's original certificate of competency (with a certified transaction when the certificate is issued in language other than English) and a valid certificate of medical fitness.

(4)The Registrar of Ships shall require the applicant to appear before an examiner who shall satisfy himself that the applicant is adequately qualified and that he has the ability to converse, issue and understand orders and written instructions in English.

(5)The Registrar of ships may, if he is satisfied that the applicant fulfils the conditions specified in subregulations (3) and (4) authorise the officer's employment for a period not exceeding six months.

(6)The Registrar of Ships may cancel the authorisation if—

(a)the officer shows, that he is not adequately qualified, or he is not able to converse, issue, and understand orders and written instructions in English;

(b)the government by whom or on whose behalf the certificate of competency was originally issued, withdraws, cancels, suspends or refuses to revalidate the certificate; or

(c)a commission of marine inquiry or disciplinary hearing recommends the cancellation of the authorisation.

75. Endorsement of certificates issued by or on behalf of other governments

(1)A person who is the holder of a certificate of competency issued by or on behalf of another government may apply in terms of subregulation(2) to have his certificate of competency endorsed as equivalent to the appropriate certificate issued in terms of the Act.

(2)The application shall be made to the Registrar of Ships in person or through an agent, and shall be accompanied by—

(a)a letter of motivation requesting the specific equivalency;

(b)a statement, attested to by the applicant under the authority of a competent authority of another state, that he is able to converse, issue and understand orders and written instructions in English up to the standard required by the STCW Convention;

(c)a valid medical certificate of fitness;

(d)a photocopy of the applicant's original certificate of competency; and

(e)two passport-size photographs of the applicant;

(f)in case of the application for an equivalency as chief mate or master, documentary proof that he has the required knowledge of the United Republic of Tanzania's maritime legislation; and a certificate from an approved training institution confirming that the applicant has satisfied the Board of Examiner's that he has the required knowledge of the United Republic of Tanzania's maritime legislation applicable to the certificate of competency he holds shall be accepted as sufficient proof of such knowledge.

(3)The Registrar of Ships may issue an endorsement to the applicant's certificate of competency if he is satisfied that—

(a)the certificate of competency is authentic and valid;

(b)the government by whom or on whose behalf the original certificate of competency was issued is a party to the STCW Convention;

(c)the level and knowledge of competency required by the certificate of competency is equivalent to that required by the appropriate certificate of competency issued in terms of the Act; and

(d)the applicant, applying for an equivalent certificate for Deck Officer Class 2 or Deck Officer Class 1 (Master Mariner), has the required knowledge of the United Republic of Tanzania's maritime legislation.

(4)The endorsement issued under subregulation (3) shall state the STCW Convention and Tanzanian certificate of competency equivalency.

(5)The Registrar of Ships may cancel an endorsement if—

(a)the officer shows, through any inability, that he does not meet the competency required for the equivalent certificate of competency, or he is not able to converse, issue and understand orders and written instructions in English;

(b)the government by whom or on whose behalf the certificate of competency was originally issued, withdraws, cancels, suspends or refuses to revalidate the certificate of competency; or

(c)a commission of marine inquiry or disciplinary hearing recommends the cancellation of the endorsement.

(6)Where the Registrar of Ships cancels an endorsement he shall without delay inform the government by whom or on whose behalf the certificate was originally issued of the cancellation.

(7)The Registrar of Ships shall maintain a record of all endorsements issued and of all matters effecting them.

76. Employment of certificated deck officers on ships (other than fishing boats) of 50 gross tons or more

The master and owner of every ship (other than a fishing boat) of 50 gross tons or more shall ensure that there is employed on the ship as watch keeping officers, in their appropriate capacities, the number of deck officers, duly certificated under the Act or deemed under the Act to be so certificated as specified in the First Schedule.

77. Employment of certificated engineers and motormen on ships other than fishing boats

The master and the owner of every ship other than a fishing boat shall ensure that there is employed on the ship as watch keeping officers and motormen, in their appropriate capacities, the number of engineer officers and motormen, duly certificated under the Act or deemed under the Act to be so certificated as specified the Second Schedule.

78. Employment of certificated radio officers

(1)The owner and master of every ship shall ensure that there is employed on the ship the number of radio officers, duly certificated under the Act or deemed under the Act to be so certificated, as specified in the Third Schedule.

(2)Where the ship over 300 gross tons, is engaged on unlimited voyages and is not equipped in accordance with GMDSS ship requirements the owner and the master of such ship shall employ on the ship at least one radio officer appropriately certificated in accordance with the type of radio installation on the ship as a radiotelephone operator or a radiotelegraphy operator.

(3)Where the ship is equipped in accordance with the requirements under subregulation (2) and operates in GMDSS sea area A4, the owner and the master of ship shall employ on board that ship, in addition to the officers required by item 5 or 6 of the Third Schedule as applicable, at least one radio officer holding a General Operators Certificate or an equivalent certificate.

(4)Where the radio equipment on the ship is being used for general communications other than distress, urgency or safety communications such general communications may not be conducted by the deck officer on watch.

(5)Where the ship is equipped in accordance with the requirements set out under subregulation (3) and (4) and has "on board maintenance "for such equipment, at least one radio officer on the ship shall be the holder of an appropriate maintenance certificate.

79. Employment of certificated ratings on load

The owner and the master of every load line ship (other than fishing boat) of 50 gross tons or more going to sea from any port whatsoever shall ensure that there is employed on the ship, in their appropriate capacities, a number of ratings, duly certificated under the Act or deemed under the Act to be so certificated, as specified in the Fourth Schedule:Provided that:

(a)If a combination of ordinary seamen and able seamen are employed in the deck department, at least half of the deck ratings shall be qualified as able seamen;

(b)if a combination of wipers and oilers are employed in the engine-room department, at least one of the engine-room ratings shall be qualified as an oiler;

(c)on passenger ships the required ratings proficient in survival craft and fast rescue boats are in addition to the able seamen and oilers;

(d)owners and masters shall have regard to the requirements of Regulation 71(c) and (d) when determining the appropriate manning;

(e)any ship engaged in voyages limited to port operations only may, in lieu of the requirements specified in the Fourth Schedule, make application, with sufficient motivation, to the Registrar of Ships to have the number of ratings determined in accordance with the principles set out in regulation 85 of these Regulations.

80. Employment qualified medical practitioners

(1)The master and the owner of every ship of 50 gross tons or more shall ensure that—

(a)when the ship carries 100 or more persons on an unlimited voyage, at least one qualified medical practitioner is employed on the ship;

(b)if the STCW Convention applies to the ship, the crew members designated to take charge of medical care on the ship in the absence of a qualified medical practitioner have successfully completed a course of study, which complies with the training and assessment standards specified in the Table A-VI/4 paragraphs 1 to 6 of the STCW Code;

(c)the crew members designated to provide medical first aid on the ship have successfully completed a course of study, which complies with the training and assessment standards specified in the Table A-VI/4 paragraphs 1 to 3 of the STCW Code.

(2)Persons who are designated the duties specified under subregulation (1)(b) and (c) shall, at intervals not exceeding five years, undertake appropriate approved refresher training.

81. Employment of qualified fire fighting personnel

(1)The master and the owner of every ship 50 gross tons Ship or more shall ensure that—

(a)if the STCW Convention applies to the ship, the crew members designated to control fire-fighting operations are holders of valid Advanced Fire-Fighting Certificates or equivalent certificates which comply with the training and assessment standards specified in section A-VI/3 of the STCW Code; and

(b)the crew members designated to take charge of a fire-fighting party on the ship are—

(i)if the ship is of 100 gross tons or more, are the holders of valid Fire-Fighting Certificates that complies with the training and assessment standards specified in Table A-VI/1-2 of the STCW Code;

(ii)if the ship is a tanker of 100 gross tons or more, are the holders of Advanced Fire-Fighting Certificate or equivalent certificates which comply with the training and assessment standards specified in section A-VI/3 of the STCW Code;

(iii)if the ship is less than 100 gross tons, are the holders of valid Fire-Fighting Certificate or an equivalent certificate which comply with the training and assessment standards specified in Table A-VI/1-2 of the STCW Code.

(2)Persons who are designated the duties specified under subregulation (1) shall, at intervals not exceeding five years, undertake appropriate approved refresher training.

82. Employment of persons on ships equipped with fast rescue boat(s)

The owner and the master of every ship that is equipped with one or more fast rescue boats shall ensure that there are employed on board the ship at least two persons per boat who are holders of certificate of qualification in proficiency in fast rescue boats.

83. Dispensations and exemptions

In case of exceptional necessity the Registrar of Ships may, issue a dispensation in accordance with Article VIII of the STCW Convention permitting a named seafarer to serve in a particular ship, for the shortest possible time, but in any event not exceeding six months, in a capacity for which he does not hold the appropriate certificate:Provided that the person to whom the dispensation is to be issued shall be adequately qualified to act in that capacity to the satisfaction of the Registrar of Ships.

(2)Tugs and other harbour vessels operating entirely within a harbour as set out by the Tanzania Harbours Authority Act ³, or an Inland Waterways Port as set out by the Tanzania Railways Corporation Act ⁴, shall be exempted from the provisions of regulations 76 to 80 of these Regulations to the extent that their manning is regulated under the respective Acts.³Cap. 166⁴Cap. 170

(3)Where any other vessel operates entirely within areas specified under these subregulation (2), the Registrar of Ships may, if he considers that it does not cause danger to persons, property or the environment, issue a dispensation permitting vessels to be manned with fewer or lower qualified officers than those required by regulations 76 to 80 of these Regulations.

84. Equivalence of certificates and endorsements granted before commencement of regulations

A certificate of competency granted in terms of section 79 (1) of the Act before the commencement of these Regulations shall be regarded to be equivalent to the appropriate certificate granted in terms of these Regulations as indicated in the Fifth Schedule:Provided that where the appropriate equivalent certificate has an additional knowledge requirement in terms of the STCW Convention, proof of having acquired that knowledge shall be produced.

85. Minimum safe manning certificate

(1)Every ship of 50 gross tons or more shall have on board a minimum safe manning certificate issued by a proper officer.

(2)The duration of a minimum safe manning certificate is the same as that of the passenger ship safety certificate, cargo ship safety equipment certificate or local general safety certificate applicable to the ship concerned.

(3)Every ship (other than a Tanzanian ship) to which the Safety Convention applies shall, while it is in the United Republic or its territorial waters, have on board a minimum safe manning document complying with regulation V/13 of that Convention, issued by the flag administration.

86. Port State Control

Port state control exercised by a duly authorised control officer as set out under Article X of the Convention shall be limited to the following—

(a)verification in accordance with Article X(1) of the Convention that all seafarers serving on board who are required to be certificated in accordance with the dispensation, or possess documentary proof that an application for an endorsement has been submitted to the Registrar of Ships in accordance with regulations 1/10 paragraph 5 of the Convention;

(b)verification that the numbers and certificates of seafarers serving on board are in conformity with the applicable safe manning requirements of the Administration of the Flag State; and

(c)assessment, in accordance with section A-I/4 of the Convention, of the ability of the seafarers of the ship to maintain watch keeping standards as required by the Convention where there are clear grounds for believing that such standards are not being maintained due to the occurrence of any of the following—

(i)the ship had been involved in a collision, grounding or stranding; or

(ii)there had been a discharge of substances from the ship when underway, at anchor or at berth which is illegal under any international convention; or

(iii)the ship had been manoeuvred in an erratic or unsafe manner whereby routine measures adopted by the International Maritime Organisation or safe navigating practices and procedures have not been followed; or

(iv)the ship is otherwise being operated in such a manner as to pose a danger to persons, property or the environment.

(4)A duly authorised control officer may detain a ship under Article X of the Convention, when it is determined that failure to correct any of the following deficiencies pose a danger to persons, property or the environment namely—

(a)failure of seafarers to hold certificates, to have appropriate Certificates, to have a valid dispensation or to provide documentary proof that application for an endorsement has been submitted to the Flag State Administration in accordance with regulations 1/10, paragraph 5 of the Convention;

(b)failure to comply with the applicable safe manning requirements of the Flag State Administration;

(c)failure of navigational or engineering watch arrangements to conform to the requirements specified for the ship by the Flag State Administration;

(d)absence in a watch of a person qualified to operate equipment essential to safe navigation, safety radiocommunication or the prevention of marine pollution; and

(e)inability to provide for the first watch at the commencement of a voyage and for subsequent relieving watches, persons who are sufficiently rested and fit for duty.

Part VIII – Delegation, repeal of regulations and savings:transitional provisions (regs 87-89)

87. Appointment of chief examiners and delegation of powers

(1)The Minister may appoint a chief nautical examiner for masters, mates and deck ratings and a chief engineer examiner for engineers and engine room ratings among members of the Board of Examiners.

(2)Examiners appointment under subregulation (1), shall administer regulations dealing with training and certification and shall be responsible for the proper conduct of assessments and examinations by Boards of Examiners.

(3)The Minister may delegate any power or assign any duty conferred on him by these Regulations to an examiner appointed under subregulation (1).

88. Repeal of Regulations

[Repeals the Merchant Shipping (Certification of Marine Officers) Regulations, 1981.]

89. Transitional provisions

Until the 1st day of February 2002, the requirements for the issue, recognition and endorsement of certificate of competency and qualification prescribed by the regulations referred to in regulation 86 shall continue to have effect in relation to those seafarers who commenced approved seagoing service, approved education and training programme of approved training course before the commencement of these Regulations.

First Schedule (Regulation 76)

Title of certificate and number of certificated deck officers to be employed

Item	Type of voyage	Gross tonnage of ship	Class 1 certificate	Class 2 certificate	Class 3 certificate	Class 4 certificate	Class 5 certificate
1	Port Operations	50-200					1(A)
2	Port Operations	200-500					1(A)
3	Port Operations	500					2(A)
4	Near-coastal	50-100					1(A)
5	Unlimited	50-100			2(B)
6	Near-Coastal	100<500				2(A)
7	Unlimited	100<500			2(B)
8	Unlimited	500<3 000		1(C)	2(D)
9	Unlimited	>3 000	1	1	2

Second Schedule (Regulation 77)

Title of certificate and number of certificated engineer officers and motormen to be employed

Item	Type of voyage	Registered power of ship (kW)	Wiper	Oiler	Class 4Cert.	Class 3Cert.	Class 3Cert.	Second Engineer Officer (750-3,000 kW)	Class 2Cert.	Class 1Cert.
1	Port Operations	750 and less	1	1	1
2	Near-coastal	750 and less	1	1			1(A)
6	Unlimited	750 andless	1				1	1(A
4	Port Operations	750 and over but less than 3,000	1			1(B)
5	Near-coastal	750 and over but less than 3,000	0	1			2		1(B)
6	Unlimited	750 and over but less than 3,000	1	1			1	1	1(B)
7	Port Operations	3,000 and over	1	0	1	1(B)
8	Near-coastal	3,000 and over	1	1			1		1	1
9	Unlimited	3,000 and over	1	1		1			1	1

Third Schedule (Regulation 78)

Title of certificate and number of certificated radio officers to be employed

Item	Type of voyage	Gross tonnage of the ship	Restricted radiotelephone operators certificate	GMDSS General Operators Certificate
1	Port Operations	25<200	1
2	Port Operations	>200	1
3	Near-coastal	25<300	2
4	Near-coastal	>300		2
5	Unlimited	100<3,000		2
6	Unlimited	>3,000		3

Fourth Schedule (Regulation 79)

Duly certificated ratings to be employed

Description of ship	Type of voyage	Ordinary seaman or Able seaman	Wiper or Oiler	Proficiency in survival craft	Efficient cook
Passenger	Unlimited or near-coastal	Sufficient to man each 4 hour watch in a 12 hour period with a rating, plus one (i.e. 4)	Sufficient to man each 4 hour watch in a 12 hour period with a rating, (i.e. 3)	One for every 50 passenger carried, or part of such number	1
Passenger	Port operations	Sufficient to man each 6 hour watch in a 12 hour period with a rating, plus one (i.e. 3)	Sufficient to man each 6 hour watch in a 12 hour period with a rating (i.e. 2)
Load line ship other than passenger ship	Unlimited	Sufficient to man each 4 hour watch in a 12 hour period with a rating, plus one (i.e. 4)	Sufficient to man each 4 hour watch in a 12 hour period with a rating (i.e. 3)
	Near-coastal	Sufficient to man each 6 hour watch in a 12 hour period with a rating, plus one (i.e. 3)	Sufficient to man each 6 hour watch in a 12 hour period with a rating (i.e. 2)
	Port Operations only	1 Able seaman (Port Operations) and 1 ordinary seaman (Port Operations) OR 2 Able seamen (Port Operations)	1 Oiler (Port Operations)

Fifth Schedule (Regulation 84)

Equivalence of certificates and endorsements

Item	Title of certificate issued before commencement of repealed regulations	Equivalent certificate under repealed regulations	Equivalent certificate and endorsement under these regulations
1	Master of a foreign-going ship	Deck Officer Class 1 (Master Mariner)	Master Class 1 (Master Mariner)
2	Chief Mate of a foreign going ship	Deck Officer Class 2	(a) Chief Mate Class 2(b) Chief Mate Class 2 endorsed- Master of a vessel of less than 3 000 GT.
3	Second Mate of a foreign going ship	Deck Officer Class 3	(a) Officer-in-charge of a navigational watch Class 3(b) Officer-in-charge of a navigational watch Class 3 endorsed- Chief Mate of a vessel of less than 3 000 GT- Master (near-coastal)
4	Third Mate of a Foreign going ship	Deck Officer Class 4	(a) Officer-in-charge of a navigational watch Class 3(b) Deck Officer Class 4 endorsed- Master of vessel of less than 500 GT (near-coastal)
5	Navigation Officer of a coasting ship of 50 or more gross tons	Deck Officer Class 5	(a) Deck Officer Class 5(b) Deck Officer Class 5 Endorsed- Master of vessel of less than 100 GT (near-coastal), port operations
6	Chief Engineer-Officer of a foreign going ship.	Marine Engineer Officer Class 1	Chief Engineer Officer Class 1
7	Second Engineer-Officer of a foreign going ship.	Marine Engineer Officer Class 2	(a) Second Engineer Officer Class 2(b) Second Engineer Officer Class 2 endorsed- Chief Engineer less than 3 000 kW
8	Chief Engineer-Officer of a coasting ship.	Marine Engineer Officer Class 3	(a) Engineer Officer(b) Chief Engineer (Port Operations)
9	Second Engineer-Officer of a coasting ship	Marine Engineer Officer Class 4	(a) Engineer Officer(b) Engineer Officer endorsed- Chief Engineer less than 750 kW- Second Engineer less than 3 000 kW(c) Second Engineer (Port Operations)

▲ To the top

History of this document

29 July 2005

Revoked by Merchant Shipping (Training Certification and Manning) Regulations, 2005

31 July 2002 this version

Consolidation

25 May 2001

Commenced

Cited documents 3

Act

Merchant Shipping Act

Repealed

Tanzania Harbours Authority Act

Repealed

Tanzania Railways Corporation Act

Repealed

Merchant Shipping (Training, Certificate and Manning) Regulations, 2001

Government Notice 94 of 2001

Merchant Shipping (Training, Certificate and Manning) Regulations, 2001

Collections

Related documents

Merchant Shipping (Training, Certificate and Manning) Regulations, 2001

Government Notice 94 of 2001

Part I – Preliminary provisions (regs 1-13)

1. Short title

2. Interpretation

3. Application

4. Certificates of competency

5. Classes of certificates

Special training requirements for certain types of ships (regs 6-13)

6. Tanker endorsement

7. Ro-Ro passenger ship endorsement

8. Passenger ships other than Ro-Ro ship endorsement

9. High speed craft Endorsement

10. Certificates issued before commencement of Regulations

11. Minimum requirements for the continued validity of certificates of competency

12. Registration of certificates and quality assurance

13. Syllabus working committee

Part II – Assessment, examination, application,issue and dealing with certificates (regs 14-33)

14. Proof of identity

15. Where and how to apply

16. Mode of issuing supplementary documents

17. Particulars of sea services testimonials

18. Inquiries

19. Unsatisfactory conduct

20. Marking and assessment

21. Place and date of examinations

22. Conduct of written examinations for deck officers

23. Conduct of oral examinations for deck officers

24. Conductor of written examination for marine engineer officers

25. Conduct of oral examination for marine engineer officers

26. Fees

27. Assessment of seafarers

28. Assessors

29. Board of Examiners

30. Deafness and other physical and mental disabilities

31. Language of examination

32. Issue of certificates

33. Dealing with certificates

Part III – Age, sea service and training requirement for deck officer certificates of competency (regs 34-42)

34. Deck officer class 5

35. Deck officer Class 4

36. Officer in charge of a navigational watch Class 3

37. Endorsement for a master of port operations

38. Endorsement for master of a vessel of less than 500 tons engaged on near coastal voyages

39. Endorsement for Chief Mate of a vessel of less than 300 tons engaged on near coastal voyages

40. Endorsement for master of a vessel of less than 3 000 tons engaged on near coastal voyages

41. Chief mate Class 2

42. Master Class I (Master Mariner)

Part IV – Age, sea service and training requirements for engineer officer certificates of competency (regs 43-47)

43. Marine Engineer Officer Class 4

44. Officer-in-charge of an engineering watch Class 3

45. Second Engineer Officer Class 2 for a vessel of 300 kW propulsion power or more

46. Chief Engineer Officer Class 1 for a vessel of 3,000 kW propulsion power or more

47. Engineer qualification endorsements

Part V – Age, sea service and training requirements for rating and other certificates of qualification (regs 48-55)

48. Ordinary seaman and the certificate limited to port operations

49. Able seaman and the certificate limited to port operations

50. Oiler and the certificate limited to port operations

51. Efficient general purpose rating and the certificate limited to port operations

52. Certificate of safety training

53. Proficiency in survival craft and rescue boats other than fast rescue boats

54. Proficiency in fast rescue boats

55. Efficient cook

Part VI – Estimating sea service and training (regs 56-69)

56. Insufficient sea service

57. Sea service as a rating

58. Removal of an Eastern Africa Trading area or port operation limitation

59. Non-trading service

60. Reckoning qualifying sea service for deck department

61. Reckoning qualifying sea service for engine department

62. Physical or mental disabilities

63. Verification of sea service

64. Recognition of a radio officer's certificate of competency

65. Vessels not proceeding regularly to sea or engaged in mining operations whilst at anchor

66. Accreditation of training institutions