The Merchant Shipping (Official Log Books) Regulations 1981

Citation, commencement, interpretation and revocation

1.—(1) These Regulations may be cited as the Merchant Shipping (Official Log Books) Regulations 1981 and shall come into operation: (a) for the purposes of paragraphs 8 and 9 of Part I of the Schedule, 1st September 1981 (b) for all other purposes 1st May 1981.

(2) In these Regulations:

“the Act of 1894” means the Merchant Shipping Act 1894;

“the Act of 1949” means the Merchant Shipping (Safety Convention) Act 1949;

“the Act of 1967” means the Merchant Shipping (Load Lines) Act 1967;

“the Act of 1970” means the Merchant Shipping Act 1970;

“appeal against a fine” means an appeal to a superintendent or proper officer in accordance with the Disciplinary Offences Regulations against a fine for a disciplinary offence;

“appropriate superintendent or proper officer” means a superintendent or proper officer for the place where the ship is at the time referred to in regulation 10(1) (delivery of official log books);

“the Closing of Openings Regulations” means the Merchant Shipping (Closing of Openings in Hulls and in Watertight Bulkheads) Regulations 1980;

“Code of Conduct” means the National Maritime Board publication entitled “Code of Conduct for the Merchant Navy” published in 1978 by the Board;

“the Crew Accommodation Regulations” means the Merchant Shipping (Crew Accommodation) Regulations 1978(1);

“the Deck Officers Regulations” means the Merchant Shipping (Certification of Deck Officers) Regulations 1980;

“the Disciplinary Offences Regulations” means the Merchant Shipping (Disciplinary Offences) Regulations 1972(2);

“the Engineer Officers Regulations” means the Merchant Shipping (Certification of Marine Engineer Officers) Regulations 1980;

“entry” means an entry in an official log book (including an entry contained in a separate document annexed to any official log book in accordance with regulation 6) of any particulars specified in column 1 in any paragraph of the Schedule to these Regulations and an entry amending or cancelling such an entry;

“the Life-saving Appliances Regulations” means the Merchant Shipping (Life-saving Appliances) Regulations 1980(3);

“the Musters Regulations” means the Merchant Shipping (Musters) Regulations 1980(4);

“Near Continental trading area” means any location within the area bounded by a line from a point on the Norwegian coast in latitude 62° North to a point 62° North 02° West; thence to a point 58° North 10° West; thence to a point 51° North 12° West; thence to Brest, but excluding all waters which lie to the eastward of a line drawn between Kristiansand, Norway, and Hanstholm lighthouse on the North Danish coast;

“officer” means an officer qualified for the purposes of section 43 of the Act of 1970 or duly certificated under the Act of 1894;

“the Pilot Ladders and Hoists Regulations” means the Merchant Shipping (Pilot Ladders and Hoists) Regulations 1980(5);

“the Property Regulations” means the Merchant Shipping (Property of Deceased Seamen) Regulations 1972;

“the Repatriation Regulations” means the Merchant Shipping (Repatriation) Regulations 1979;

“seaman” in paragraphs 18, 20 and 36 of the Schedule includes the master of a ship;

“ship” means a ship registered in the United Kingdom but does not include a fishing vessel;

“the Steering Gear Regulations” means the Merchant Shipping (Automatic Pilot and Testing of Steering Gear) Regulations 1981;

“wages submission” means a submission to a superintendent or proper officer under section 10 of the Act of 1970 (which relates to disputes about wages); and references to the gross or register tonnage of a ship are, in the case of a ship having alternative gross or alternative register tonnages, references to the larger of its gross tonnages or to the larger of its register tonnages, as the case may require.

(3) The Merchant Shipping (Official Log Books) Regulations 1972, the Merchant Shipping (Official Log Books) (Amendment) Regulations 1978 and the Merchant Shipping (Official Log Books) (Amendment) Regulations 1980 are hereby revoked.

Exemptions from the requirements of section 68 of the Merchant Shipping Act 1970 (official log books)

2.  The requirement imposed by section 68 of the Act of 1970 that an official log book shall be kept in every ship registered in the United Kingdom shall not apply to—

(a) a ship belonging to a general lighthouse authority;

(b) a ship of less than 25 gross tons; or

(c) a pleasure yacht.

Entries in official log books

3.  Subject to the provisions of the Merchant Shipping Acts and of rules and regulations made thereunder entries of particulars specified—

(a) in column 1 in each paragraph of Part I of the Schedule to these Regulations shall from time to time be made in the official log book kept in every ship not exempted from the requirement of section 68 of the Act of 1970 by regulation 2;

(b) in column 1 in each paragraph of Part II of that Schedule shall be so made in the official log book kept in any such ship to which the Disciplinary Offences Regulations apply;

(c) in column 1 in each paragraph of Part III of that Schedule shall be so made in the official log book kept in any such ship in respect of which a load line certificate has been issued under section 6 of the Act of 1967, except a ship which is—

(i) a sludge carrier;

(ii) a dredger;

(iii) a hopper barge; or

(iv) a tug or tender which, in either case, is on or is about to undertake a voyage of not more than 600 nautical miles in the course of which it is at no time more than 200 miles from a port or place in which the persons on board could be placed in safety and, if it carries passengers, does not carry more than 12; and

(d) in column 1 in each paragraph of Part IV of that Schedule shall be so made in the official log book kept in any such ship to which the Closing of Openings Regulations apply.

Making, signing and witnessing of entries

4.—(1) Each entry shall be made in the official log book by the person or by one of the persons (or by a person authorised by any such person for that purpose) specified in column 2 in each paragraph of the Schedule to these Regulations.

(2) Each entry:

(a) subject to paragraph (3) of this regulation, shall be signed by the person or by one of the persons specified in column 2 in each paragraph of the Schedule; and

(b) subject to the provisions of each paragraph of the Schedule, shall be witnessed by the person, if any, specified in column 3 in each paragraph of the Schedule.

(3) An entry which is to be signed by the master may, except where the contrary intention appears, be signed by an officer authorised by the master for that purpose.

(4) Each entry shall include the date when it is made.

5.  If an entry which is to be signed or witnessed by the master or by a person who is a member of the crew is not made, signed and witnessed in accordance with the provisions of these Regulations and of the Schedule hereto, the master of the ship at the time when the entry is or should have been made, signed and witnessed shall be guilty of an offence.

Annexes to official log books

6.  If it is not practicable by reason of its length, the circumstances in which it is to be made or for any other reason for an entry to be contained in the official log book, it shall be contained in a separate document annexed to the official log book and referred to in an entry in the official log book; and references in these Regulations to an official log book include references to any documents annexed to an official log book in accordance with this regulation.

Time for making of entries

7.—(1) (a) Entries of particulars specified in paragraphs 1, 2, 3, 5 and 43 of the Schedule to these Regulations shall be made at the time when an official log book is opened; and

(i) a further entry of particulars specified in paragraph 3 shall be made as soon as practicable after any change of master; and

(ii) a further entry of particulars specified in paragraph 43 shall be made as soon as practicable after a new load line certificate is issued in respect of the ship under section 6 of the Act of 1967.

(b) The entry of particulars specified in paragraphs 7 and 25 of the Schedule shall be made as soon as practicable after the ship arrives at or leaves any dock, wharf, port or harbour as the case may require.

(c) The entry of particulars specified in paragraph 11 of the Schedule shall be made as soon as practicable after every time when each muster should have been held in accordance with the Musters Regulations.

(d) The entries of particulars specified in sub-paragraphs (b) and (c) of paragraph 38 of the Schedule shall be made daily or at such other times during the continuance of the illness or injury as the person making any such entry thinks fit.

(e) The entry of particulars specified in paragraph 44 of the Schedule shall be made before the ship leaves any dock, wharf, harbour or other place for the purpose of proceeding to sea.

(f) Every other entry shall be made as soon as practicable after the occurrence to which it relates or, if it amends or cancels an existing entry, as soon as practicable after the person intending to sign it becomes aware of the facts giving rise to the amendment or cancellation.

(2) Subject to the provisions of regulation 8, no entry shall be made in an official log book after the time referred to in regulation 10(1).

Amendment and cancellation of entries

8.—(1) Subject to the provisions of this regulation, an entry shall not be amended or cancelled.

(2) Where—

(a) in the case of an entry which was required to be signed by the master, it appears to the person who for the time being is master of the ship that the entry is inaccurate or incomplete; or

(b) in the case of any other entry, it appears to the person who signed the entry that it is inaccurate or incomplete;

that person shall, if it is practicable to do so before the time referred to in regulation 10(1), make and sign a further entry referring to the entry and amending or cancelling it; and paragraphs (1) and (2)(b) of regulation 4 and regulations 5 and 6 shall apply to the further entry.

(3) Where, after the time referred to in regulation 10(1), it appears to a superintendent or proper officer or to the Registrar General of Shipping and Seamen that an entry is inaccurate or incomplete, he—

(a) may make and sign a further entry referring to the entry and amending or cancelling it; and

(b) shall, if it is practicable to do so, inform any master or seaman, to whom any such further entry relates, of its contents.

(4) Any person who fails to comply with paragraph (2) of this regulation shall be guilty of an offence.

Production of official log book

9.—(1) The master of a ship shall, on demand, produce to the Registrar General of Shipping and Seamen, a superintendent, a proper officer or an officer of customs the official log book required to be kept in the ship.

(2) A master who fails to comply with this regulation shall be guilty of an offence.

Delivery of official log book

10.—(1) The master shall, within 48 hours after the time specified in paragraph (2) or in paragraph (3) (as the case may be) of this regulation, or, if it is not practicable within that time, as soon as practicable thereafter, deliver the official log book to the appropriate superintendent or proper officer.

(2) Subject to paragraph (3) of this regulation, the time referred to in paragraph (1) is either—

(a) if any person is employed in the ship under a crew agreement, the time when the last person remaining so employed is discharged from the ship; or

(b) in any other case, the time when the ship first calls at a port more than 6 months after the first entry (other than an entry specified in paragraphs 1, 2, 3, 5 or 43 of the Schedule to these Regulations) is made in the official log book.

(3) If, at the time specified in paragraph (2) of this regulation—

(a) there is pending a wages submission; or

(b) (i) there is pending an appeal against a fine, or

(ii) if no such appeal is pending, an entry relates to a fine, which has not been remitted, imposed for a disciplinary offence and in respect of which the time for the giving of notice of appeal by the appellant to the master (in accordance with regulation 12 of the Disciplinary Offences Regulations) has not expired;

the time referred to in paragraph (1) of this regulation is either the time when all such submissions or appeals have been determined by a superintendent or proper officer or withdrawn, or the expiration of 7 days after the time specified in paragraph (2) of this regulation, whichever shall be the earlier.

(4) A master who fails to comply with paragraph (1) of this regulation shall be guilty of an offence.

Offences

11.  Any offence under these Regulations shall be punishable on summary conviction with a fine not exceeding £50.

Trefgarne

Parliamentary Under Secretary of State

Department of Trade

8th April 1981