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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

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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

• (b) has performed the appropriate qualifying service at sea specified for the purpose of this regulation in regulations 6 and 7, and

• (c) has passed an examination in the subjects specified in the syllabus set out in Schedule 1, and

• (d) is the holder of a certificate of efficiency as lifeboatman issued by or under the authority of the Secretary, and

• (e) has, otherwise than for the purpose of receiving instruction therein taken turns at the wheel in steering a major ship, not being a fishing boat, for periods totalling not less than 10 hours, and

• (f) he has proved to the satisfaction of the Secretary that he can speak English sufficiently well to perform the duties required of him aboard ship; or
  

(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 —

• (i) attained the age of 18 years, and

• (ii) otherwise than for the purpose of receiving instruction therein, taken turns at the wheel in steering a major ship, not being a fishing boat, for periods totalling not less than 10 hours, and

• (iii) performed the appropriate qualifying service at sea specified for the purpose of this regulation in regulations 6 and 7.

(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 —

• (a) 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; and

• (b) a certificate or certificates showing that the applicant has complied with the requirements of paragraph (1) (ii) (steering experience).
  

(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 —

• (a) the application shall be accompanied by the documents described in regulation 5(2);

• (b) paragraphs (3) and (4) shall apply; and

• (c) the Secretary shall, on being notified that the applicant has passed the examination and if he is satisfied that the applicant is entitled to the grant of a certificate of competency, cause such a certificate to be issued to the applicant, or, if not so satisfied, inform the applicant in writing that his application for the certificate is refused stating the reasons.
  

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;

• (ii) a certificate of efficiency as a lifeboatman issued by or under the authority of the Secretary; and
  

(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 —

• (a) service in a deck rating in a ship other than a ship having a general purpose or integrated crew (referred to in the regulation as "service in a deck rating"), or

• (b) service in a general purpose rating in a ship having a general purpose or integrated crew (referred to in this regulation as "service in a general purpose rating"), or

• (c) service partly in the one and partly in the other of the abovementioned ratings (referred to in this regulation as "mixed service").

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

• (a) for the purpose of regulation 4(1) —

• (i) in the case of service in a deck rating, 12 months;

• (ii) in the case of service in a general purpose rating, 18 months

• (iii) in the case of missed service, a period of between 12 and 18 months such that the component periods of service in a deck rating and in a general purpose rating respectively, expressed as percentages of the periods prescribed in relation thereto in subparagraphs (i) and (ii), total 100 per cent;

• (b) for the purposes of regulation 3(1), in the case of each type of service the period specified in relation thereto in sub paragraph (a) plus a further period of 2 years.

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

• (a) a period of service in a minor ship shall count as one half of the period actually so served:

• (b) service in a ship having a gross tonnage of less than 15 tons shall be disregarded;

• (c) every day by which a period of actual service in a ship exceeds the number of months comprised in that period, and every day of such service comprised in a period of actual service of less than 1 month, shall be treated as one-thirtieth of a month of actual service;

• (d) the length of every period of actual service in a ship shall be calculated separately from the date of its commencement to the date of its termination.
  

(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 —

• (i) in the period of qualifying service required under regulation 6(2)(a) of 4 weeks;

• (ii) in the period of qualifying service required under regulation 6(2)(b), of 1 month for each period of 4 weeks attendance and training on that course, less any reduction made pursuant to subparagraph (i).

(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.

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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 —

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 —

• (a) he understands and can carry out orders relating to lifeboat launching and operation and the management of a boat under sail;

• (b) he understands the general principles of boat management in a tideway and in bad weather and in landing on all kinds of beaches or in a surf; and

• (c) he is familiar with a lifeboat and its equipment and the starting and running of the engines of a powered boat.

(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.

• (b) Fire detection. Formation of heat and smoke. Smoke and fire detection apparatus.
  

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.

• (b) Fire fighting. Knowledge and use of all fire fighting equipment normally carried aboard a seagoing vessel. Different ways of fighting various types of fires. Duties of fire fighting team.

• (c) Rescuing of injured persons and persons overcome by smoke.

• (d) Artificial respiration and elementary first aid.
  

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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.

• (b) In the case of a candidate claiming remission of sea service a certificate proving satisfactory pre-sea training.

• (c) Steering Certificates.

• (d) Certificate of efficiency as life-boatman.

• (e) The prescribed fee for examination of $1.00.
  

____________

(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.

• (ii) Certificate proving pre-sea training if a remission of sea-time is being claimed.
  

(iii) Certificate of efficiency,'.

(iv) Steering Certificates.

• (v) Certificate proving that the required examination has been passed.
  

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 ......

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SCHEDULE 3
(Regulation 7)

NAUTICAL TRAINING SCHOOLS

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SCHEDULE 4

(Regulation 9)

FEES

c.

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