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Tuvalu Consolidated Legislation - 2008 Edition

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Shipping (Certification of Seamen) Act - Shipping (Certificates of Competency as Able Seaman) Regulations

LAWS OF TUVALU
2008 Revised Edition


SHIPPING (CERTIFICATES OF COMPETENCY AS
ABLE SEAMAN) REGULATIONS


CAP. 48.36.1


SHIPPING (CERTIFICATES OF COMPETENCY AS ABLE SEAMAN) REGULATIONS


Arrangement of Regulations

Regulation


1 Citation
2 Interpretation
3 Conditions under which a certificate of competence may be granted
4 Application for examination
5 Application for certificates of competency
6 Qualifying service at sea
7 Reduction of qualifying service at sea
8 Lost or destroyed certificates
9 Fees


SCHEDULE 1
SYLLABUS FOR EXAMINATION FOR RATING OF ABLE SEAMAN


SCHEDULE 2


APPLICATION FOR EXAMINATION FOR A CERTIFICATE OF COMPETENCY AS ABLE SEAMAN


CERTIFICATE OF COMPETENCY AS ABLE SEAMAN


SCHEDULE 3


NAUTICAL TRAINING SCHOOLS


SCHEDULE 4


FEES


Supporting Documents


ENDNOTES


______________


SHIPPING (CERTIFICATES OF COMPETENCY AS ABLE SEAMAN) REGULATIONS1


1 Citation


This Act may be cited as the Shipping (Certificates of Competency as Able Seaman) Regulations.


2 Interpretation


In these Regulations, unless the context otherwise requires —


"certificate of competency" means a certificate of competency as Able Seaman issued under these Regulations;


"major ship" means a ship having in the case of a sailing ship a gross tonnage of 40 tons or more and in the case of any other ship a gross tonnage of 100 tons or more;


"minor ship" means a ship (not being a ship having a gross tonnage of less than 15 tons) having in the case of a sailing ship a gross tonnage of less than 40 tons and in the case of any other ship a gross tonnage of less than 100 tons;


"responsible authority" means in relation to a school or course the person in charge of that school or course as the case may be;


"the Secretary" means the Secretary to the Minister.


3 Conditions under which a certificate of competence may be granted


A certificate of competency shall not be granted to any person unless either —


(1)

(a) he has attained the age of 18 years, and




(2) he was on or before 1st January 1970 serving in the rating of Able Seaman or in an equivalent or superior deck rating in a major ship not being of less than 80 tons gross tonnage trading exclusively between different ports in Tuvalu.


4 Application for examination


(1) A person shall not be eligible to take the examination referred to in condition (1) (c) of regulation 3 unless he has —




(2) Application to take the examination may be made at the office of the Secretary and shall be in the form laid down in Schedule 2 and shall, except in cases to which paragraph (5) applies, be accompanied by —


(3) Every such application duly completed shall be lodged with the Secretary who shall, if satisfied that the applicant is eligible to take the examination, ensure that the applicant is notified in due course of the arrangements made for his examination, or, if not so satisfied, inform the applicant in writing that his application is refused stating the reasons.

(4) On completion of every examination, the examiner shall inform the applicant of the result thereof and shall record the result on his form of application and return the form to the Secretary.

(5) A person who has complied with conditions (1) (a), (b), (d), (e) and (f) of regulation 3 may when applying to take the examination apply also for the grant, should he pass the examination, of a certificate of competency, in which case —


5 Application for certificates of competency


(1) Without prejudice to regulation 4(5), a person who has complied with the requirements of regulation 3 may apply to the Secretary for the grant of a certificate of competency.

(2) Every such application shall be in the form laid down in Schedule 2 and shall be accompanied —

(a) in the case of an applicant who has complied with the requirements of regulation 3(1), by —


(i) certificates of discharge, and such other certificates signed by the masters of ships in which the applicant has served, as may be necessary to establish to the satisfaction of the Secretary that the applicant has performed the necessary qualifying service, and also, in any case in which any reduction in the period of such qualifying service is claimed under the provisions of regulation 7, the certificate or certificates therein referred to;

(iii) certificates showing to the satisfaction of the Secretary that the applicant has complied with conditions (1)(c) and (e) of regulation 3;


(b) in the case of an applicant who claims to be qualified by virtue of the provisions of regulation 3(2)(b) certificates of discharge or a certificate of service sufficient to establish to the satisfaction of the Secretary that the applicant is so qualified


(3) Every such application duly completed shall be lodged with the Secretary who shall if satisfied that the applicant is entitled to the grant of a certificate of competency cause such a certificate in the form laid down in Schedule 2 to be issued to the applicant, or, if not so satisfied, inform the applicant in writing that his application is refused stating the reasons.


6 Qualifying service at sea


(1) Qualifying service at sea for the purpose of regulations 3(1) and 4(1) shall be either —




(2) Subject to paragraphs (3) and (4) and in regulation 7, the period of qualifying service shall be as follows —






(3) In calculating the length of periods of qualifying service for the purpose of paragraph (2) —



(4) Every period of qualifying service shall include a proportion of service in major ships other than fishing boats, amounting to not less than 25 per cent.


7 Reduction of qualifying service at sea


(1) Subject to paragraph (2), a person producing a certificate given by the responsible authority showing that he has to the satisfaction of the responsible authority completed or passed a course of pre-sea training at a nautical training school specified in Schedule 3, shall be entitled to a reduction —



(2) No person shall be entitled by virtue of the provisions of paragraph (1) to a reduction or reductions of qualifying service exceeding a total of 6 months.

8 Lost or destroyed certificates


(1) If a certificate of competency is lost or destroyed, the holder thereof shall forthwith notify the Secretary who shall if satisfied that it has been so lost or destroyed issue a copy of the certificate of competency (so marked) which shall have the same effect as the certificate of competency originally issued.

(2) Any certificate notified as aforesaid as lost or destroyed shall if subsequently recovered be delivered forthwith to the Secretary.

9 Fees


The fees specified in Schedule 4 shall be payable in respect of the matters specified in relation thereto in that Schedule.


__________________


SCHEDULE 1
(Regulation 3)


SYLLABUS FOR EXAMINATION FOR RATING OF ABLE SEAMAN


(a) Nautical knowledge

(1) The meaning of common nautical terms.

(2) The names and functions of various parts of the ship, for example decks. compartments, ballast tanks, bilges, airpipes, strum boxes.

(3) Knowledge of the compass and ability to report the approximate bearing of an object in terms of point on the bow.

(4) Understanding Helm Orders.

(5) Reading, streaming and hauling in a patent log.

(6) Markings on a hand lead line, taking a cast of a hand lead and correctly reporting the soundings obtained.

(7) The patent sounding machine; how to rig it and take a cast.

(8) Ship cleanliness and personal hygiene.

(b) Practical Work (to be tested as far as possible by practical demonstrations)

(9) knots, hitches and bends in common use —
Reef knot
Bowline and bowline on the bight
Timber hitch
Sheet bend, double and single
Clovehitch
Sheepshank
Rolling hitch
Round turn and two half hitches
Figure of eight
Marlinspike hitch
Wall and crown


To whip a rope's end using plain or palm and needle whipping.
To put a seizing on rope and wire.
To put a stopper on a rope or wire hawser, and derrick lift.

(10) Splicing plaited and multi-strand manila and synthetic fibre rope, eye splice, short splice and back splice. Splicing wire rope, eye splice using a locking tuck. Care in use of rope and wire.

(11) Reeving a boars fall or luff tackle.

(12) Slinging a stage, rigging a boatswain's chair and pilot ladder.

(13) How to steer.

(14) Rigging a derrick. Driving a winch, engaging and disengaging gears and their use. General precautions to be taken before and during operation of a winch whether used for working cargo or for warping.

(15) The use and operation of a windlass in anchor work and in warping. Stowage of chain cable in the chain locker and securing the anchor for sea.

(16) A knowledge of the gear used in cargo work and an understanding of its uses. General maintenance with special reference to the overhauling of gin blocks and guy blocks.

(17) The safe handling of hatch covers: battening down and securing a hatchway.

(18) The use, care and maintenance of lifesaving appliances.

(c) Boat Work


(19) A candidate will be required to satisfy the examiner that —




(20) Fire Fighting —

Oral —


(a) Fire prevention. Precautions to be taken against the outbreak of fire aboard ship. Safe storage of combustible materials aboard ship. Spontaneous combustion and precautions to be taken against it. Fire Patrol.

Oral and Practical —


(the examiner will test the candidate's knowledge by both oral questions and practical demonstrations) —


(a) Fire control. Closing of doors, ports and other openings. Closing of fire control doors. Protection of adjoining compartments.


__________________


SCHEDULE 2


(Regulations 4 (2), 5 (2), 5 (3))


FORM AB I


APPLICATION FOR EXAMINATION FOR A CERTIFICATE OF COMPETENCY AS ABLE SEAMAN


PART "A"
(To be completed by Applicant)


Name in full ..........................................................
Date of application ....................................................
Age of Applicant ..................................years.
Total qualifying service in months and days for which proof is now produced


Name of ship on which served
Date of Capacity Service claimed


Engagement.................
Discharge....................
served Months.............. Days.................
For Official Use only


Address to which reply should be sent--. ...............................


Signature of applicant ................................


NOTES


All applications must be accompanied by-


(a) Certificate of discharge or service proving the qualifying service claimed above.



____________


(Reverse of Form)
FOR OFFICIAL USE ONLY


The prescribed fee of $1.00 received on R.R .............................
dated ................


Signature of Cashier ................


PART B


(To be completed by Examiner and returned to the Secretary to the Minister)


This is to certify that I have today examined .............................

in accordance with the requirements of the Shipping (Certificates of Competency as Able Seaman)

Regulations and that he has passed/failed* the examination.


Signature of Examiner ........................

Date ........................


* Delete as necessary.


_________________


Form AB2 APPLICATION

FOR THE GRANT OF A CERTIFICATE OF
COMPETENCY AS ABLE SEAMAN


Name in full ..........................................................
Date of Application ...................................................
Age of Applicant .................................................................... years.
Total qualifying service in months and days for which certificates arc now produced

For Official Use only


Name of ship on which served
Date of Capacityor Rating Service claimed


Engagement Discharge served Months ..............Days....................

J


The following certificates arc attached: (Applicant should cross out any items not submitted with this application)—


(i) Certificate of discharge or service proving the qualifying service claimed above.

(iii) Certificate of efficiency,'.


(iv) Steering Certificates.

Signature of applicant ........................


FOR OFFICIAL USE ONLY


*(i) The above application has been rejected by me on the following grounds


*(ii) The above application has been accepted by me and payment of the prescribed fee of $1 received on R.R ................................................... and I have issued applicant with Certificate of Competency.


No ...........


Signature of Secretary to the Minister

Date ........................
"Delete as necessary.


___________________


FORM AB3

CERTIFICATE OF COMPETENCY AS ABLE SEAMAN


No .............


TO ........................


Whereas it has been reported to me that you have been found duly qualified to fulfil the duties of aa Able Seaman in the Merchant Service, I do hereby in pursuance of the Shipping (Certificates of Competency as Able Seaman) Regulations grant you this certificate of competency.


Secretary to the Minister


Funafuti,
............ 20 ......


(Reverse of Form of Certificate)


Signature of holder .........................
Year of Birth ..............................
Place of Birth ..............................
Discharge Book Number ...................
This certificate is given upon an examination passed at ....................
.................. on the ................................................. day of ................................, 20 ....
Issued at the Port of .............................................. ...... on the ......................... ............................ day of .............., 20 ......


_________________


SCHEDULE 3
(Regulation 7)


NAUTICAL TRAINING SCHOOLS


Maximum period
of remission of sea
Place
Name of School
service
Tarawa
Marine Training School
6 months
Honiara
Honiara Technical Institute
6 months

(T.S. Ranadi)

Funafuti
Tuvalu Maritime School
6 months

________________


SCHEDULE 4


(Regulation 9)


FEES


c.


1. For sitting the examination specified in regulation 3 (1) (c), except in cases to which paragraph 3 of this Schedule applies
1 00

2. For the grant of a certificate of competency, except in cases to which paragraph 3 of this Schedule applies
1 00


3. For sitting the said examination and for the grant of a certificate of competency in the case of a person making application therefor under regulation 4 (5) and passing the examination
1 00





4. For a copy of a certificate of competency issued pursuant to regulation 8, except where the loss or destruction of the original certificate was occasioned by the wreck or loss of a ship or by a fire on board ship, in which case no fee shall be payable
.50

______________________
ENDNOTES
1 LN 16/1970, LN 3/1972, LN/4/1981


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