CHAPTER 165
MERCHANT SHIPPING ACT

[SUBSIDIARY LEGISLATION]

INDEX TO SUBSIDIARY LEGISLATION

    NOTICES

        The Registrar of Tanzanian Ships (Appointment) Notice

        The Port of Registry (Declaration) Notice

        The Merchant Shipping (Exemption from Registration) Notice

        The Merchant Shipping (Appointment of Receivers of Wreck) Notice

        The Merchant Shipping (Eastern Africa National Shipping Line Limited) (Exemption) Notice

        The Merchant Shipping (Delegation of Powers and Duties of the Minister) Notice

        The Merchant Shipping (Survey Fees) Notice

    REGULATIONS

        The Merchant Shipping (Certification of Marine Officers) Regulations

        The Merchant Shipping (Licensing of Unregistered Vessels) Regulations

        The Merchant Shipping (Medical Examination) Regulations

        The Merchant Shipping (Training, Certification and Manning) Regulations

NOTICES

THE REGISTRAR OF TANZANIAN SHIPS (APPOINTMENT) NOTICE

(Section 6(b))

G.Ns. Nos.
215 of 1968
117 of 1983
100 of 1993

    1. This Notice may be cited as the Registrar of Tanzanian Ships (Appointment) Notice.

    2. The persons holding the titles specified in the first column to the Schedule are hereby appointed to the offices set out in the second column of the said Schedule opposite their titles.

SCHEDULE

THE PORT OF REGISTRY (DECLARATION) NOTICE

(Section 6(a))

G.Ns. Nos.
216 of 1968
99 of 1993

    1. This Notice may be cited as Declaration of Port Registry Notice.

    2. The ports specified in the schedule to this notice are hereby declared ports of registry for the purposes of the Merchant Shipping Act * .

SCHEDULE

        1.    Dar es Salaam

        2.    Kigoma

        3.    Bukoba

        4.    Musoma

        5.    Itungi

        6.    Mwanza

THE MERCHANT SHIPPING (EXEMPTION FROM REGISTRATION) NOTICE

(Section 5)

G.N. No. 319 of 1968

    1. This Notice may be cited as the Merchant Shipping (Exemption from Registration) Notice.

    2. Every ship not exceeding 125 tons registered owned by a person who is a citizen of the United Republic, or by a firm all of whose members are citizens of the United Republic, or by a body corporate incorporated in the United Republic and which is engaged in the carriage of goods or passengers on a sea voyage solely from any place on the coast of the United Republic, is hereby designated to be exempt from registry under the Merchant Shipping Act *.

THE MERCHANT SHIPPING (APPOINTMENT OF RECEIVERS OF WRECK) NOTICE

(Section 241)

G.N. No. 57 of 1969

    1. This Notice may be cited as the Merchant Shipping (Appointment of Receivers of Wreck) Notice.

    2. The officers specified in the first column of the Schedule are hereby appointed to be receivers of wreck in the districts specified opposite to their titles in the second column and to perform the duties of receivers under Part V of the Merchant Shipping Act.

SCHEDULE

THE MERCHANT SHIPPING (EASTERN AFRICA NATIONAL SHIPPING LINE LIMITED) (EXEMPTION) NOTICE

(Section 317)

G.N. No. 84 of 1970

    1. This Notice may be cited as the Merchant Shipping (Eastern Africa National Shipping Line Limited) (Exemption) Notice.

    2. The ships specified in the schedule and owned by the Eastern African National Shipping Line Limited are hereby declared to be exempt from the provisions of the Merchant Shipping Act.

SCHEDULE

THE MERCHANT SHIPPING (DELEGATION OF POWERS AND DUTIES OF THE MINISTER) NOTICE

(Section 314)

G.N. No. 160 of 1994

    1. This Notice may be cited as the Merchant Shipping (Delegation of Powers and Duties of the Minister) Notice.

    2. The powers and duties of the Minister under the Merchant Shipping Act, saving the power to make rules and regulations and the powers conferred upon him by sections 268, 273 and 299 of the Act, are hereby delegated to the person holding the office of Senior Harbour Master at the Dar es Salaam Harbour.

THE MERCHANT SHIPPING (SURVEY FEES) NOTICE

(Sections 60 and 316)

[1st July, 1997]

G.N. No. 720 of 1997

    1. This Notice may be cited as the Merchant Shipping (Survey Fees) Notice.

    2. The fees prescribed on the schedule to this Notice shall be payable in respect of categorized vessels.

    3. The prescribed fees may be payable in US Dollars or its equivalent in Tanzania Shillings as per existing exchange rate.

SCHEDULE

REGULATIONS

THE MERCHANT SHIPPING (CERTIFICATION >OF MARINE OFFICERS) >REGULATIONS

(Sections 78, 79 and 80)

G.N. No. 130 of 1981

PART I
GENERAL PROVISIONS (regs 1-3)

1.    Short title

    These Regulations may be cited as the >Merchant Shipping (Certification of Marine >Officers) Regulations.>

2.    Interpretation

    (1)> >In these Regulations, unless the context otherwise requires–>

    "Act" means the Merchant Shipping Act *;

    "certificate of competency" means a certificate of competency issued by the Registrar of Ships under these Regulations;

    "certificate of service" means a certificate of service issued by the Registrar of Ships >under these Regulations;

    "command endorsement" means a command endorsement endorsed on a certificate of competency or on a certificate of service by the Registrar of Ships under these Regulations;

    "fishing vessel" means either a vessel which is >employed in sea fishing or a Government >fishery research vessel; but does not >include a vessel used otherwise than for >profit;>

    "GRT" in relation to a ship, means its gross register tonnage, and the gross tonnage >of a ship having alternative gross tonnages shall be the larger of those tonnages;>

    "inland waters" means Lake Victoria, Lake >Tanganyika, Lake Nyasa, Lake Rukwa, and any navigable river or lake to which the Minister, by notice published in the Gazette, declares these Regulations to >apply;>

    "location" includes any offshore installation, any other installation (whether floating, or resting on the sea-bed or its subsoil), or any location at sea or inland waters defined by reference to its latitude and longitude;

    "Minister" means the Minister, responsible for shipping;

    "passenger ship" means a ship carrying more >than twelve passengers;

    "qualified engineer officer" means an officer of the engine room department who is qualified under subregulation (2) of >regulation 4 of these Regulations;

    "registered power" means, in relation to a ship, the brake or shaft power specified in the ship's certificate of registry, that is to say, the total continuous >rated brake or shaft power of all the >propulsion engines, irrespective of whether some of the power may be diverted from the propulsion shafts and whether or not all the power is normally used;>

    "service endorsement" means a service endorsement endorsed on a certificate of competency or a certificate of service by the Registrar of Ships under these Regulations;

    "trading area" means an area set out in the Third Schedule to these Regulations, and any reference in these Regulations to a voyage to, from or between locations in a trading area shall be construed as >including a reference to a voyage to, >from, or to and from, such a location between such locations in the particular >trading area or areas;

    "tug" means a vessel constructed solely for the purpose of, and normally used for, providing external motive power for floating objects or vessels.

    (2) For the avoidance of doubt, in these Regulations–

    (a)>    >references to a certificate of a numbered class are references to a certificate of the class which bears that number as >indicated in subregulation (1) of >regulation 5, and subregulation (1) of regulation 6;>

    (b)    references to a certificate with a command endorsement shall be construed in accordance with regulation 9 and subregulation (2) of regulation 11;

    (c)    references to a certificate with a service endorsement shall be construed in accordance with regulation 10.

3.    Application

    These Regulations shall apply to the following ships–

    (a)>    >ships registered in the United Republic, >which are–

        (i)    passenger ships;

        (ii)    ships, other than passenger ships, of 50 GRT or over including fishing vessels; or

        (iii)    tugs;

    (b)>    >ships registered outside the United Republic, which carry passengers–>

        (i)    between places in the United Republic;

        (ii)    on a voyage which begins and ends at the same place in the United Republic and on which ships call at >no place outside the United >Republic.>

PART II
CERTIFICATES (regs 4-13)

4.    Qualified officers, and >classes of certificates>

    (1) Every ship shall carry such number of qualified deck officers and marine engineer officers as required by Part III of these Regulations.

    (2) An officer shall be qualified if he is the holder of–

    (a)    a certificate of competency issued under these Regulations; or

    (b)    a certificate which is to be treated as equivalent to a certificate issued under regulation 7,

which is in force in relation to the person named in it and is of a class appropriate to the officer's capacity in the ship.

5.    Certificates of Competency issued to deck officers

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

    (a)    Certificate of Competency (deck officer) >Class 1 (Master Marine);

    (b)    Certificate of Competency (deck officer) Class 2;

    (c)    Certificate of Competency (deck officer) Class 3;

    (d)    Certificate of Competency (deck officer) Class 4;

    (e)    Certificate of Competency (deck officer) Class 5.

    (2) The following command endorsement shall >be issued–

    (a)    Master (Eastern Africa Trade) Endorsment;

    (b)    Tugmaster Command Endorsement.

    (3) A Master (Eastern Africa Trade) Endorsement may be limited for service in tugs, in fishing vessel or on inland waters.

    (4) A certificate of competency of a class set out in subregulation (1) of this regulation shall be treated as being a certificate of a higher class than a certificate of any class which is set out after it.

    (5) >A certificate of competency without a >command endorsement shall not be treated as being a certificate of a higher class than any class which is set out after it if the lower class certificate is endorsed with a command endorsement; nor shall a certificate of competency endorsed with a command endorsement be treated as a certificate of a higher class than a certificate of competency set out before it in subregulation (1) of this regulation.>

6.    Certificates of Competency issued to marine engineer officers

    (1) Certificates of competency issued to marine engineer officers under these Regulations shall be of the following classes–

    (a)    Certificate of Competency (Marine engineer officer) Class 1;

    (b)    Certificate of Competency (Marine engineer officer) Class 2;

    (c)    Certificate of Competency (Marine engineer officer) Class 3;

    (d)    Certificate of Competency (Marine engineer officer) Class 4.

    (3) Service endorsements shall be issued under these Regulations in respect of Certificate of Competency of Class 2, 3, or 4 for the appropriate description of ship set out i>n column 3 of the Table in Regulation 10 of >these Regulations.>

    (4) A certificate of competency of a class set out in subregulation (1) of this regulation, with or without a service endorsement (pursuant to regulation 10 of these Regulations), shall be treated as being a certificate of a higher class than a certificate of any class which is set out after it with or without a service endorsement, i>f the higher class certificate is issued for >the same type of machinery, whether motor or >steam, as the lower class certificate.

7.    Certificates >equivalent >to certificate >of >competency

    (1) The Minister may specify that the >standard of competency to be attained by officers of any description may be the standard of competency required for the issue of a certificate of competency by an authority >empowered by the laws of the country outside >the United Republic, and that a certificate issued by any such authority to any such officer which is expressed to remain in force for a define period shall remain in force, unless renewed or until the expiration of that period.>

    (2) Subject to subregulation (3) of this regulation, a certificate of service shall be issued to persons holding a certificate of >competency granted under the Act before the >coming into force of these Regulations.>

    (3) A certificate of competency of a class set out in column 1 of Table 1 of these Regulations shall entitle the holder to be issued with a certificate of service of the class set out opposite column 2 of the Table.

TABLE 1

    (4) Certificate of service may be issued to an officer who satisfied the Registrar of Ships–

    (a)>    >that he has served as a deck officer or engineer officer in charge of >a watch at sea either with exemption from certificate >requirement or in a capacity >not then required to be served by an officer certificated under the Act >before the coming into force >of these Regulations; and

    (b)>    >that he has fulfilled the conditions set out in subregulations (2) and (3) of >Regulation 8 of these Regulations.

    (5) A certificate of service issued under >subregulation (4) of this regulation shall be >of a class set out in regulations 5 or 6 of these Regulations and may be restricted to a certain category of ships or a certain trading area corresponding to the officer's previous service.>

8.    Standard and >conditions applicable to >issue of certificates>

    (1) Subject to subregulation (3) of this regulation–

    (a)    the standard of competency to be attained >and the conditions to be satisfied by a >person before being issued with a >certificate of competency, with a >command endorsement or with a service >endorsement under these Regulations, including any exemptions applicable with respect to any such standards or conditions;>

    (b)    the manner in which the attainment of any standards or the satisfaction of any conditions is to be evidenced;

    (c)    the conduct of any examination for that purpose the conditions of admission to them and the appointment and remuneration of examiners,

shall be as specified in the sixth and seventh Schedules of these Regulations.

    (2) Subject to subregulations (3) and (4) of this regulation, the conditions to be satisfied by an uncertificated officer who applied to be issued with a certificate of service shall be–

    (a)    that he–

        (i)    has served in the appropriate capacity of mate;

        (ii)    has served in the capacity of master; or

        (iii)    has served as engineer officer in a sea-going ship to which these Regulations apply;

    (b)    that he has served as a watch keeping >officer at sea for a period of not less >than three years falling in the period of six years immediately proceeding the date on which these Regulations come into operation; and>

    (c)    that he has produced evidence, as the Registrar of Ships may require, in the particular case to satisfy that–

        (i)    he has served for twelve months on such service in the capacity claimed; and

        (ii)    he has had satisfactory conduct during the twelve months mentioned in subparagraph (i) of this >paragraph and during the twelve months of sea service in a watch >keeping capacity.>

    (3) Notwithstanding that the conditions set out in paragraphs (a), (b) and (c) of >subregulation (2) of this regulation have not >been complied with the Registrar of Ships may, where he is satisfied that those conditions have been substantially complied with, issue a certificate of service to an uncertificated officer.>

    (4) Notwithstanding further that an applicant for a certificate of competency, a command endorsement, a service endorsement or a certificate of service complies with the standards or fulfils the conditions specified >in these Regulations, the Registrar of Ships >shall not issue the certificate applied for unless he is satisfied that the applicant is a fit person to be the holder of the certificate and to act completely in the capacity to which it relates.>

9.    Command endorsements

    On the issue of certificate of competency >or a certificate of service (deck officer) of >any class set out in column 1 of Table 2 of these Regulations, the Registrar of Ships may, if he is satisfied that the person to whom it >is issued is competent to be in command of a >ship of the description specified in column 3 of the Table, endorse the certificate to that effect as a certificate of competency or of service with the command endorsement set out in column 2 of the Table.>

TABLE 2

10.    Service endorsements

    On the issue of a certificate of competency or a certificate of service (marine engineer Officer) of any class set out in column 1 of Table 3 of these Regulations, the Registrar of Ships may, if he is satisfied that the person to whom it is issued is competent to be responsible for the mechanical propulsion of a ship of the description specified in column 3, endorse the certificate to that effect with the service endorsement set out in column 2 of the Table.

TABLE 3

11.    Certificates of competency and Command Endorsement for >tugs, fishing vessels or >inland water vessels>

    (1) Where an applicant for deck officer certificate of competency under these >Regulations fails to satisfy the conditions >specified in subregulation (1) of regulation 8 of these Regulations in respect of sea service >in ships, but has performed sea service so >specified in tugs, fishing vessels or inland water vessels and if he fulfils the other standards of competency and conditions so specified he may be issued with a certificate of competency Class 2,3,4 or 5 as appropriate, >endorsed for Tugs Service Only, For Fishing >Vessels Only, or For Inland Waters only.>

    (2) On the issue of a certificate of competency of any class restricted in accordance with subregulation (1) of this regulation, the Registrar of Ships may, if satisfied that the person to whom it is issued is competent to be in command of such vessel, endorse the certificate to that effect as a certificate of competency with the respective command endorsement as Tug-Master, Master (Fishing Vessels) or Master (Inland Waters).

    (3) >In the event of the holder of a Class >2, 3, 4 or 5 certificate of competency (deck officer) endorsed for Tug Service, Fishing Vessels or Inland Waters only applies to have that endorsement removed, the Registrar of Ships may, subject to the holder having fulfilled any requirements of these Regulations in the particular case, including sea service in trading ships from which the holder was previously exempted, delete the endorsement and that certificate shall then be treated in all respect as equivalent to a certificate of competency issued under these Regulations.>

12.    Forms, records, and surrender of certificates

    (1) Certificates of competency and certificates of service shall be issued to the persons entitled to them on payment of the appropriate fee, if any.

    (2) A record of all the certificates of competency and certificates of service issued under these Regulations and of any suspension, cancellation or alteration thereof; and any other matters affecting any such certificates, shall be kept by the Registrar of Ships or by any other person as the Registrar may in writing direct, in the manner specified in the First Schedule.

    (3) Where the holder of a certificate of competency of a particular class issued under these Regulations is issued with a certificate of a higher class, he shall surrender for cancellation the first mentioned certificate to the Registrar of Ships or to such person as the Registrar may in writing direct.

13.    Loss of certificates

    If a person entitled to a certificate of competency or a certificate of service proves to the satisfaction of the Registrar of Ships that he has, without fault on his part, lost or been deprived of a certificate already issued to him, the Registrar shall, and where he is not so satisfied may, upon payment of the appropriate fee, issue a duly certified copy of the certificate to which the person appears to be entitled.

PART III
NUMBER OF OFFICERS TO BE CARRIED IN SHIPS (regs 14-22)

14.    Minimum number of qualified >deck officers to >be carried in >ships other than >passenger ships on tugs of 50 >GRT or over

    (1) Subject to subregulation (2) of this regulation, and to regulation 19, the minimum number of qualified deck officers of a particular ship, other than a passenger ship, >or a tug shall be as specified in Table A in Part >I of the First Schedule to these Regulations.>

    (2) The provisions of Column 3 of the Table referred to in subregulation (1) shall apply, >subject to the special provisions set out in >Part II of the First Schedule, and subregulation (1) of this regulation.>

15.    Minimum number of qualified deck officers >to be carried >in passenger ships>

    (1) Subject to subregulation (2) of this regulation and to regulation 19, the minimum number of qualified deck officers of a particular passenger ship shall be as specified in Table B Part I of the First Schedule to >these Regulations.

    (2) The provisions of column 3 of Table B of the First Schedule shall apply subject to the special provisions set out in Part II of the Schedule, and subregulation (1) of this regulation.

16.    Minimum number of qualified deck >officers to be >carried in tugs>

    (1) Subject to subregulation (2) of this >regulation and to regulation 19, the minimum >number of qualified deck officers of a >particular tug engaged on a voyage to or from a location or between locations in the trading areas set out in column 1 of Table C Part I of >the First Schedule to these Regulations shall be the number set out in column 3 of that Table.>

    (2) The provisions of column 3 of Table C Part I of the First Schedule shall apply, subject to the special provisions set out in Part II of the Schedule, and subregulation (1) of this regulation.

17.    Minimum number of qualified >engineer >officers to be carried in ships>

    (1) Subject to subregulation (2) of this regulation and to regulation 19, the minimum number of qualified marine engineer officers of a particular ship shall be as specified in the Table of the Second Schedule to these Regulations.

    (2) The provisions of column 3 of the Table referred to in subregulation (1) shall, subject to the special provisions set out in Part II of the Second Schedule to these Regulations, and to subregulation (1) of this regulation, apply.

18.    Officers in charge of a watch

    (1) No person shall be left in charge of a navigational watch on a ship at sea of 200 GRT or more unless he is the holder of at least >a Certificate of Competency (Deck Officer) >Class 4 in case of a ship in the Unlimited Trading Area or any passenger ship and at least Class 5 in case of a ship other than a passenger ship in the Eastern Africa Trading Areas.>

    (2) No person shall be left in charge of a watch in a traditionally manned engine-room or be designated duty officer in a periodically >unmanned engine-room on a ship at sea powered >by main propulsion machinery of 750 kW propulsion power or more unless he is the holder of at least a certificate of competency (Marine Engineer Officer) Class 4.>

19.    Exceptional provisions >when a ship >may proceed to sea with less than the number of qualified >officers required

    (1) Subject to subregulation (3) of this regulation, if on occasion when a ship to which these Regulations apply goes to sea, one of the qualified deck officers or marine engineer >officers is not carried because of illness, >incapacity, or other unforeseen circumstances, but all reasonable steps were taken to secure the carriage on that occasion of a duly qualified officer, so much of the foregoing >provisions of these Regulations as require a >ship on such voyage to carry that officer shall not, subject to compliance with the provisions of subregulation (2), apply to the ship during >a period determined as follows–

    (a)    in the case of a ship going to sea from a location beyond the Eastern Africa trading areas: maximum twenty-eight days;

    (b)    in the case of a ship going to sea from a location beyond the United Republic but within the Eastern Africa trading areas: maximum fourteen days:

    Provided that the period of twenty-eight or fourteen days, as the case may be, shall not be >followed immediately by any further period at >sea during which the ship carries one less than number of duly qualified officers required by these Regulations if the officers are in both cases deck officers or if the officers are in >both cases marine engineer officers.

    (2) The conditions referred to >in subregulation (1) of this regulation are that the master, when going to sea from that >location, shall–>

    (a)    notify a proper officer of his intention >not to carry that qualified officer; and>

    (b)    make an entry of that notification in the >official log-book of the ship.

    (3) Notwithstanding the provisions of subregulation (1) of this regulation, a ship referred to in–

    (a)    paragraph (a) of subregulation (1) of >this regulation may go to sea on such a >voyage carrying one deck officer and at the same time one marine engineer officer less than is required by these Regulations;>

    (b)    paragraph (b) of subregulation (1) of >this regulation may go to sea on such a voyage carrying either one deck officer >or one marine engineer officer less than >required by these Regulations, and may >not go to sea with two officers short of the required number.>

20.    Additional conditions in >respect of >conditions in dangerous >cargoes>

    A ship to which these Regulations apply >which is carrying a bulk cargo consisting in >whole or in part of–

    (a)    any liquid chemical listed in Chapter VI of the Inter-Government Maritime Consultative Organisation (KMCO) publication entitled "Code for the Construction and Equipment of Ships >carrying Liquefied "as in Bulk";

    (b)    >any liquefied gas listed in Chapter XIX of the IMCO publication entitled "Code >for Construction and Equipment of Ships >carrying Liquefied Gas in Bulk",

shall carry as officer in command, second officer in command, chief engineer and second >engineer respectively, officers qualified under these Regulations, subject to the condition >that all such officers shall satisfy the conditions as to training and service as >specified in the sixth and seventh Schedules to these Regulations.>

21.    Exemptions and dispensations>

    (1) Tugs and other harbour vessels when operating entirely within a harbour as set out by the Tanzania Harbours Authority Act *, or an Inland Waterways Port as set out by the Tanzania Railways Corporation Act *, shall be exempted from the provisions of Regulations 14 to 18 of these Regulations to the extent that their manning is regulated under the respective Acts.

    (2) In the case of any other vessel operating entirely within similarly limited and sheltered areas, the Registrar of Ships may, if he considers that this does not cause danger to persons, property or environment, issue a dispensation permitting that vessels to be manned by fewer or lower qualified officers than those required by regulations 14 to 18 of these Regulations.

22.    Issuance of dispensations

    (1) In circumstances of exceptional >necessity, the Registrar of Ships, if he >considers that this does not cause danger to persons, property or environment, may issue a dispensation permitting a specified seafare to >serve in a specified ship for a specified >period not exceeding six months in a capacity for which he does not hold the certificate >required by these Regulations, but that the >person to whom the dispensation is issued shall be adequately qualified to fill the vacant post in a safe manner; but dispensations shall not be granted to a master or chief engineer officer, except in circumstances of force majeure and then only for the shortest possible period.>

    (2) Any dispensation granted for a post shall be granted only to a person properly certificated to fill the post immediately below >but where certification of the post below is >not required by these Regulations, the >dispensation may be issued to a person whose qualification and experience are of a clear >equivalence to the requirements for the post to be filled, except that, if such a person holds no appropriate certificate, he shall be required to pass a test as advised in each case.>

FIRST SCHEDULE

PART I
MINIMUM NUMBER OF DECK OFFICERS TO BE CARRIED

TABLE A: SHIPS OF 50 GRT AND OVER, OTHER THAN PASSENGER SHIPS AND TUGS

TABLE B: PASSENGER SHIPS

(Regulation 15)

Note:    Column 3 is to be read subject to the special provisions >set out in Part II of this Schedule.

TABLE C: TUGS

(Regulation 16)

Note:    Column 3 is to be read subject to the special provisions >set out in Part II of this Schedule.>

PART II
SPECIAL PROVISIONS APPLICABLE TO PART I OF FIRST SCHEDULE

    1. The provisions of column 3 of each of Tables A, B and C set out in Part I above, in so far as they impose a requirement with respect to the carrying in a ship of a qualified deck officer who is the holder of a certificate of competency of a particular class issued under these Regulations, shall be >treated as complied with (subject to the >qualification in subregulation (4) of regulation 5 of these Regulations with regard >to certificates with a command endorsement) if >the officer who is carried in pursuance of that requirement is the holder of a certificate of competency of higher class issued under these Regulations.>

    2. (1)> >Where a number set out in column 3 of Table A or Table B set out in Part I in >relation to a certificate of competency of a >particular class issued under these Regulations is followed by the indication "(*)",> >that provision of column 3 to which the number relates shall be construed as requiring the certificate or one of the certificates in question to be endorsed with the Master >(Eastern Africa Trade endorsement).

    (2) Where a number set out in column 3 of >Table C set out in Part I in relation to a certificate of competency of a particular class is followed by the indication "(a)" or "(b)", that provision of column 3 to which the number relates shall be construed–>

    (i)>    i>n the case of indication "(a)", as requiring one of the >certificates in question to >be endorsed with the Tugmaster Command Endorsement;>

    (ii)>    i>n the case of indication "(b)", as requiring one of the certificates in question to be endorsed with the Tugmaster or Master (Eastern Africa Trade) Endorsement.>

SECOND SCHEDULE

(Regulation 17)

PART I
MINIMUM NUMBER OF MARINE ENGINEER OFFICERS TO BE CARRIED IN SHIPS AND THE APPROPRIATE CLASSES OF CERTIFICATE THEY ARE REQUIRED TO HOLD

PART II
SPECIAL PROVISIONS APPLICABLE TO PART I OF SECOND SCHEDULE

    1. The provisions of column 3 of the Table >set out in Part I, is so far as they i>mpose a requirement with respect to the carrying in a ship of a qualified marine >engineer officer who is the holder of a certificate of competency of a particular class issued under these Regulations, shall be treated as complied with if the office who is carried in pursuance of that requirement is the >holder of a certificate of competency of a >higher class issued under these Regulations and i>n respect of the same type of machinery as >that installed in the ship.>

    2. Where a number set out in Column 3 of the Table set out in Part I above in relation to a certificate of competency of a particular class issued under these Regulations is followed by the indication "(X)", that provision of the said Column 3 to which the number relates shall be construed as requiring the Certificate or one of the certificates in question to be endorsed with the Chief Engineer Officer service endorsement.

THIRD SCHEDULE
DEFINITION OF "TRADING AREA"

(Regulation 2(1))

    "Trading Area" means any of the following areas, that is to say–

Eastern Africa Trading Areas:

    1. Any location within the inland waters: Lake Victoria, Lake Tanganyika, Lake Nyasa and Lake Rukwa; and

    2. >Any location on the coast >of Tanzania and in the Mozambique channel bounded by a line through the southern most points of >Mozambique and Madagascar >and a line from Mombasa to a point 11℃S, 44℃E near >Comoros and from there by >the parallel Circle 11℃S to the Meridian 50℃E; and>

    3. >The near coastal areas of >Kenya, Somalia south of >Mogadishu and the eastern side of Madagascar within >5 nautical miles from land.>

Unlimited Trading Area– Any location not within the Eastern Africa Trading areas.

FOURTH SCHEDULE
CERTIFICATE OF COMPETENCY

(Regulations 5 and 6)

THE UNITED REPUBLIC OF TANZANIA >MINISTRY OF COMMUNICATIONS AND TRANSPORT

FIFTH SCHEDULE

PART I
SPECIMEN OF RECORD OF MARINE OFFICER CERTIFICATES

PART II
SPECIAL PROVISIONS APPLICABLE TO PART I OF THIS SCHEDULE

SIXTH SCHEDULE
THE CERTIFICATE OF COMPETENCY (DECK OFFICERS REQUIREMENTS) RULES

RULES

PART I
PRELIMINARY PROVISIONS (regs 1-2)

1.    Short title

    These Rules may be cited as the Certificate of Competency (Deck Officers Requirements) Rules.

2.    Interpretation

    In these Rules, unless the context otherwise requires–

    "Board of Examiners" means the Deck Officers Board of Examiners appointed by the Minister under Rule 30(2) of these Rules;

    "Certificate of Competency issued by other governments" means the certificates of competency listed in Appendix C to these Rules;

    "certificated persons" means the certificated persons to be carried in the various descriptions of ships, according to the Trading Area in which they operate as per details in Appendix A tables 1, 2 and 3 to these Rules;

    "examination" means the examination for the Certificate of Competency for Deck Officers;

    "Minister" means the Minister for the time being responsible for communications and transport;

    "Ministry" means the Ministry responsible for >communications and transport;

    "principal equivalent classes of certificates of competency" means the certificates of competency listed in Appendix B to these Rules.

PART II
CONDITIONS OF ENTRY (regs 3-11)

3.    Proof of n>ationality

    Every candidate for a certificate of competency examination of any grade shall produce proof of Tanzania nationality by the production of–

    (a)    birth certificate; or

    (b)    certificate of naturalisation; or

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

4.    Where and how to apply

    (1)> >Candidate who wish to sit for the examination or obtain information of the days >and places of examination should apply to the >Registrar of Ships, Ministry of Communications and Transport.>

    (2) The candidates for the examination are required to complete an application form >obtainable from the Registrar of ships with whom the completed form together with the appropriate fee, and testimonials, discharges, proof of nationality, certificate of competency >or service, if any, and other watch keeping >certificates as required, should be lodged at least one month before the day of the examination.>

    (3) Where a candidate makes enquiries about >examinations, the point in respect of which the information is sought should be clearly stated; and in case a candidate is in doubt as to whether his service complies with the requirements of the Regulations and wish to submit his case for special consideration, all >certificates, discharges, testimonials and >watchkeeping certificates as required, together with the form of application duly completed, should be submitted to the Registrar of Ships.>

5.    Particulars of >sea service>

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

    (2) A candidate for a certificate for which service as watchkeeping officer is required shall also produce certificates of watchkeeping service in the form shown at Appendix D 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 Rules for each grade of certificate of competency is the absolute minimum that can be >accepted and unless candidates can prove the >full amount they cannot be admitted to the examination.>

6.    Testimonials

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

7.    Unsatisfactory conduct

    Every candidate or potential candidate who, after having signed crew agreement, neglects to join his vessel, or who, after having joined, leaves his ship other than upon discharge, or who commits misconduct on board will be required to produce satisfactory proof of two years’ subsequent service with good conduct at sea, unless the Ministry, after investigation, finds it fit to reduce this period.

8.    Deafness and other mental disabilities

    (1) If in the course of the examination the Examiner finds that a candidate is afflicted with deafness, with an impediment in speech or with 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 sea-going duties of the holder of a certificate of competency, he will–

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

    (b)    report the case to the Ministry; and

    (c)    forward to the Ministry the candidates existing certificate, if any, together with the report.

     (2) The Ministry 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.

9.    Language of Examination

    Except for a Class 5 Certificate >examination which may be conducted in Swahili >when a candidate indicates so on the application, other examinations are conducted >in the English language only.

10.    Issue of >Certificate>

    (1) Every candidate who passes the examination and meets all other requirements, >will receive his certificate of competency from the Registrar of Ships, and a candidate who is partially successful or unsuccessful will >receive a testimony giving the result of the >examination.>

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

11.    Examination of Officers and ratings of the Defence Navy

    Service in sea-going ships of the Defence Navy performed by other naval officers >and by ratings may be accepted as qualifying >sea service for the purpose of admission to >examinations for certificates of competency, >but the value of such service will be assessed >in each case by the Board of Examiners.

PART III
CLASSES OF CERTIFICATES (regs 12-22)

12.    Class 5 Certificate

    (1) Subject to the provisions of subrule (2) of this rule, a candidate for Class 5 certificate shall not be less than nineteen years of age and shall have served at sea in ordinary trading vessels either–

    (a)    for two and a half years as a trainee deck officer undergoing a training programme recognized by the Ministry responsible for communications and Transport; or

    (b)    for three and a half years in any acceptable deck capacity, provided that at least six months of the final twelve months' sea service is spent on duties associated with bridge watch-keeping under the supervision of a certificated officer.

    (2) The periods of sea service mentioned in paragraphs (a) and (b) of rule 1 of these Rules may be reduced by remission up to a maximum of ten months for attendance at approved courses of training.

    (3) A candidate whose service has been performed entirely in tugs may qualify for a certificate endorsed "For Tug Service Only" provided that not less than twelve months of >sea service has been performed on voyages >beyond harbours, rivers and other sheltered waters.>

    (4) A candidate whose service has been performed entirely in fishing vessels may qualify for a certificate endorsed "For Fishing Only".

    (5) A candidate whose service has been performed entirely in vessels on inland waters may qualify for a certificate endorsed "For Inland Waters Only".

13.    Classes 3 and 4 >Certificates>

    (1) A candidate for Classes 3 and 4 >certificates shall not be less than twenty years of age and shall have served at sea in >ordinary trading vessels either–>

    (a)    for three years as trainee deck officer undergoing a training programme recognized by the Ministry responsible for communications and Transport; or

    (b)    for four years in any acceptable deck capacity, provided that at least 6 months of the final twelve months' sea service is spent on duties associated with bridge >watch-keeping under the supervision of >a certificated officer.>

    (2) The periods of sea service in subrule (1) of this rule may be reduced by remission up to maximum of twelve months for attendance >at approved courses of training.

    (3) A candidate whose service has been performed entirely in tugs may qualify for a certificate endorsed "For Tug Service Only", provided that not less than eighteen months of >the sea service has been performed on voyages >beyond harbours, rivers and other sheltered waters.>

    (4) A candidate whose service has been performed entirely in fishing vessels may qualify for a certificate endorsed "For Fishing Only".

    (5) A candidate whose service has been performed entirely in vessels on inland waters may qualify for a certificate endorsed "For Inland Waters Only".

14.    Class 2 >Certificates>

    (1) A candidate for a Class 2 certificate shall not be less than twenty-one years of age and must have served for not less than one year at sea as a watchkeeping officer >in ordinary trading vessels while holding a Class 3 or Class 4 certificate of competency; >and at least six months of this period must be served in vessels trading between places at least one of which is situated beyond the >limits of the Eastern Africa Trading Area and where the most distant ports visited are at least 500 miles apart.

    (2) Officers whose service has been performed in tugs only may qualify for >examination for a Class 2 Certificate limited to employment in tugs.

    (3) A candidate whose service has been performed entirely in vessels on inland waters may qualify for a certificate endorsed "For Inland Water Only".

15.    Class 1 >Certificate>

    (1) A candidate for a Class 1 certificate shall not be less than twenty-three years of age and shall have served in ordinary trading vessels for–

    (a)    not less than two years at sea as watchkeeping officer while holding a certificate not lower than class 4; and

    (b)    not less than eighteen months at sea as watchkeeping officer while holding a >certificate not lower than class 2.

    (2) At least eighteen months of the total period of three and a half years must be served in vessels trading between places at least one of which is situated beyond the limits of the Eastern Africa Trading Area and where the most distant parts visited are at least 500 miles apart.

16.    Command Endorsements

    (1) There is generally one level of Command Endorsement of certificates of competency for deck officers appropriate for >masters employed in Eastern Africa Trading >Area; and such endorsement may be restricted >by additional endorsement "For Tug Service >Only", "For Fishing Only" or "For Inland Waters Only".>

    (2) There is a particular Tugmaster Command Endorsement of Class 2 certificate appropriate >for service in the Unlimited Trading Area.

    (3) A candidate for any command endorsement must be not less than twenty-three years of age and must have served for at least three years at sea as a Watchkeeping Officer while holding >Officer certificate of Competency.

    (4) A candidate for an unrestricted Master (Eastern Africa Trading Area) endorsement must have spent at least twelve months of the three years qualifying period in ordinary trading vessels.

    (5) A candidate for a command endorsement restricted to a particular description of vessel or trade must have served at least twelve months of the three years qualifying period in a vessel of that description or in such trade.

    (6) A candidate for a Tugmaster Command Endorsement (Unlimited) must hold a Class 2 certificate of Competency and must have served for at least eighteen months of the three years qualifying period as a watchkeeping officer of a tug operating outside the Eastern Africa Trading Area.

    (7) An officer holding certificates of competency limited to employment in tugs, fishing vessels or on inland waters with or without command endorsement may have the limitation removed upon completion of the >specified periods in ordinary trading vessels >as may be required and with regard to not being examined in all parts of the syllabus, upon passing examination in those parts.>

17.    Additional Qualifications

    (1) Candidate for a certificate of competency who have not graduated from an >appropriate training course at a maritime training institute approved by the Ministry >responsible for communications and transport, must produce documentary evidence of the required qualification as to–>

    (a)    radar observation;

    (b)    first aid at sea;

    (c)    fire-fighting;

    (d)    operation of Electronic Navigational Aids;

    (e)    lifeboat handling; and

    (f)    radio telephony.

    (2) A candidate for any certificate of >Competency or command endorsement is required >to produce a satisfactory Sight Test certificate not older than six months.>

    (3) For the avoidance of doubt, Appendix E contains detailed provisions for the conduct of the sight tests and the standards required.

18.    Written examinations

    (1) A candidate qualifying for the issue of a certificate of competency of Class 5 may, at his option, sit the written portion of the examination for the Classes 3 or 4 >without producing evidence of further sea >service; and similarly, a candidate qualifying for the issue of a Class 2 certificate may, at his option, sit the written portion of the >examination for the Class 1 or a Command >endorsement without producing evidence of further sea service; and similarly, a candidate qualifying for the issue of a Class 1 certificate may, at his option, sit the written portion of the examination for the Class 2 or a Command endorsement without producing evidence of further sea service or any additional qualification.>

    (2) A candidate will not be examined in the oral and, if appropriate, signals parts of such an examination until the period of watchkeeping service specified for the issue of a certificate or endorsement of that class >or grade has been completed.

    (3) A pass in the written portion of any examination for a certificate of competency, or command endorsement will remain valid for a period of five years; but a pass in the oral >and, if appropriate, signals parts of such examination will remain valid for a period of >one year only.>

    (4) Candidates who fail in the written part only of the Class 4 examination may, subject to their written work having met the appropriate standards, be considered eligible for the issue of a Class 5 certificate.

    (5) A candidate for a Class 2 examination >who does not hold Class 3 certificate shall, if not exempted, be required to write papers in Mathematics and General Physics as for the Class 3 examination.

19.    Exemptions from w>ritten examinations>

    (1) A candidate holding Class 2 certificate is exempted from the ship construction and stability paper when sitting >the examination for a Master (Eastern Africa >Trading Area) endorsement.>

    (2) A candidate holding Secondary Education >Form IV passes or equivalent in mathematics or an acceptable physical science may by decision of the Board of Examiners be exempted from the appropriate papers in the Class 3 examinations.>

20.    Dangerous Cargo E>ndorsement>

    A candidate meeting the additional >qualification requirements for deck officers >in command and second in command on ships carrying dangerous cargo, shall have his certificate endorsed with a Dangerous Cargo >Endorsement (Liquid Chemicals), or Dangerous Cargo Endorsement (Liquefied Gas).>

21.    Examination syllabuses

    The minimum knowledge requirements set by the International Convection on Standards >Training Certification and watchkeeping for >seafarers (IMCO 1978) are included in the examination syllabuses for various certificates as specified in the following Table; and except for the provision in this rule, the syllabuses are as detailed in the publications known as–>

    "Examinations for certificates of >Competency in the Merchant Navy"

    "Deck Syllabuses and specimen papers"

as issued by the Department of Trade London >1977 and amended from time to time.

22.    Copy of lost certificate

    An applicant for a certificated copy of >lost certificate should hand a written application containing a declaration as to the circumstances in which the certificate was lost >to the Registrar of Ships, paying at the same >time the appropriate fee; except that no fee shall be chargeable if the applicant can show that the certificate was lost through >shipwreck or fire on board ship.

PART IV
ESTIMATING SEA SERVICE (regs 23-27)

23.    General

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

    (2) The qualifying service specified for any particular certificate of competency or endorsement thereto shall be performed within a period of ten years preceeding 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, is service performed in ships which proceed to sea and are actively engaged in commercial trading; or proportion of certain kinds of non-trading service may be accepted in lieu of a limited amount of service in trading vessels, but non-trading service not specifically provided for in regulations will not generally 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 and when necessary, the certificates of discharge shall be accepted as proof of sea service; except that where service in charge of a watch is required, certificates of watchkeeping service shall also be produced in the form of Appendix D.

    (5) Candidates other than cadets or trainee deck officers for Class 3, 4 and 5 certificates are required to produce a statement from the Master or Masters under whom the candidate has served or from their employer or employers that >during the final twelve months of their sea >service at least six months have been spent on duties associated with bridge watchkeeping under the supervision of certificated officer; and those duties may include keeping a lookout on the bridge but not those of helmsman except to the extent of two months out of every six months.>

    (6) Cadets or trainee deck officers must >produce satisfactory evidence that a training programme has been followed throughout the specified period of sea service, and >candidates who fail to produce satisfactory evidence that they have followed a training >programme approved by the Ministry will be required to perform an additional period of sea service before being admitted to the examinations.>

    (7) A maximum of six months watchkeeping service in a two-watch ship may be counted at 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 must 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, but the production of that proof >will not necessarily be deemed sufficient.

    (9) Where watchkeeping service is required, >candidates must prove by the production of certificates signed by the production of >certificates signed by the Master of the vessels in which they have served that they have acted as watchkeeping officers for not less than eight hours out of every 24 hours' service claimed.>

24.    Non-trading >service

    (1) Service in marine craft of the >Tanzania Navy and other similar vessels which >regularly proceed to sea will count in full towards the qualifying service for Classes 3, >4 and 5 certificates but candidates must in >addition, have served for at least 12 months in trading vessels.>

    (2) >Service in the Tanzanian Navy of which >a reasonable part is spent at sea, may count as qualifying sea service at two thirds rate >up to a maximum of 6 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, in excess of 24 hours, will count in >full towards the qualifying service for Classes 3, 4 and 5 certificates but candidates must, in addition, have served for at least 12 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 falls below this proportion >one and one-half times the actual sea service >will be counted as qualifying service; but candidates will be required to produce, in addition to the evidence of sea service required of all candidates, a statement or certificate from the owners of the shop showing the amount of time actually spent at sea.>

    (5) Service standing by a new vessel during the final stages of construction, provided that an Officer subsequently serves in such a vessel on the maiden voyage, will court in full towards the qualifying service for a Class 1 >Certificate of Competency up to a maximum of >6 months.>

25.    Remission >of sea service

    (1) The specified periods of sea service for Class 3, 4 and 5 certificates may be >reduced by remissions granted in respect of >attendance at approved courses of training, and >in recognition of certain higher academic >qualifications.>

    (2) Candidates may qualify for remission >under more than one heading, but in no one case >will the total remission granted exceed 10 or >12 months as appropriate.>

    (3) No remission of sea service will be allowed in respect of the qualifying service required for Classes 1 and 2 certificates or for command endorsements, nor in respect of the period of at least 6 months required to be spent on duties associated with bridge watchkeeping during the final 12 months' sea >service for a Class 3 and 5 certificate by >candidates other than cadets or trainee deck officers.>

    (4) Every cadet or trainee deck officer >wishing to be considered as having followed a >reduced period cadetship under paragraph (a) of subrule 12(1) or paragraph (a) of subrule >13(1) must produce a letter from the owners, >or from the master of Masters under whom he has served, stating that all his service while on board ship was performed in a satisfactory manner, and that no more than one month of that service was spent on board ships in drydock, undergoing engine repairs or otherwise laid up in port.>

26.    Cadet training ships

    (1) A proportion of the time spent after >the age of 26 at a College for nautical Cadet >training conducted on premises ashore may be allowed as a remission of sea service if–>

    (a)    after an inspection by one of its officers the Ministry of Communications and Transport is satisfied that the college gives a training that justifies time spent there being reckoned as part of the necessary qualifying time for a certificate of competency; and

    (b)    the candidate produces a satisfactory certificate as regards conduct, proficiency and regular attendance from the authorities of the college on leaving it.

    (2) The maximum remission of sea service >that will be allowed in respect of colleges for Nautical training will be fixed at the time of approval, but it will never exceed 12 months.>

27.    Cadet training ships

    (1) Remissions of Sea service will be granted to Cadets and trainee deck officers who serve for minimum periods in cadetships specially approved by the Ministry of >Communications and Transport, and the maximum >of such remission that will be allowed in respect of cadetship service will be fixed at the time of approval.>

    (2) A remission of 6 months' sea service will be granted to candidates who have obtained the qualifications listed in paragraphs (a) (b) or (c) of this subrule provided that the candidate was in receipt of full-time education up to the date of gaining the following >qualifications–

    (a)    >passes at grades A, B or C in at least >five subjects in National Certificate of >Secondary Education, of which at least >two, including mathematics and an >acceptable physical science, have been >studies to Form VI level and a pass obtained at that level in either mathematics or an acceptable physical science;>

    (b)    a National Full Technician certificate;

    (c)    other qualifications which are recognised by the Ministry as being at least equal >to that in paragraph (a) or (b) of this >subrule.>

PART V
TRAINING SCHEME (regs 28-29)

28.    Introduction

    (1) Trainee deck officers may qualify >for a first certificate of competency at either Class 3, 4 and 5 level upon satisfactory completion of the minimum training period >specified, provided that during the whole of >that training period, they undergo a programme of training recognized by the Ministry responsible for communications and transport.>

    (2) The standard scheme of training >described in the following rules shall be >offered by the Maritime Training Institute set up at Mbegani, Bagamoyo.>

29.    Standard Scheme of Training

    (1) Entry requirements are National Certificate of Secondary School Education (Form IV) with 4 passes including mathematics and English; or similar qualifications.>

    (2) The scheme of training consists of–>

    (a)    for all students–

            3 years of training at the Mbegani Maritime Institute including theoretical and practical training ashore and twenty months of sea service. Each study year is divided into four terms, and the sequence may be as follows–>

    (b)    Students for Certificate Classes 3 or 4 will undergo a further period of six months' sea service.

    (3) The training ashore for the first certificate is streamed with one group of students specialising in Merchant Marine subjects and another group specialising in Fishing Technology.

    (4) Tuition will cover the examination syllabuses described in Rule 21 of these Rules and additional qualification requirements mentioned in subrule (1) of Rule 17 of these Rules for Certificates Class 4 at the Merchant Marine stream; and by the end of the 3rd year the candidates will be eligible to sit for Class 5 examination or the written part of Class 4 examination.

    (5) The training phases ashore are >eligible for full remission of sea service >provided students live in residential accommodation under proper supervision by training Institute staff and participate fully in organized extra-curricular activities.>

    (6) It is an essential feature of the recognized programme that students will have >completed a period of planned training at sea >of not less than twenty months, and proof of that training will normally take the form of a Deck Cadet Record Book, duly completed by the Masters and officers of the ships in which sea service is performed.>

    (7) Failure to produce satisfactory evidence of planned training at sea when making >application for examination for a certificate >of competency upon completion of the course will entail the performance of such additional period of satisfactory sea service as the Ministry may specify before examination is granted.>

    (8) It is the responsibility of the trainee to ensure that his Record Book for planned training at sea is properly maintained and endorsed, and the Master and appropriate senior officers will be responsible for the completion of the relevant sections of the Record Book when they are satisfied that the tasks have >been properly carried out.

PART VI
EXAMINATION PROCEDURE (regs 30-34)

30.    Examination Centre, >Board >of Examiners, Marking, assessment, etc.>

    (1) The examinations are arranged by the Registrar of Ships.

    (2) The Minister shall appoint a Deck Officers' Board of Examiners made up of 3 >examiners holding Certificates of Competency >(Deck Officers) Class 1, or its equivalent, or at least certificates of higher grade than those for which examinations are currently arranged.>

    (3) Questions for the written portions of the examinations are decided on by the Deck Officers' Board of Examiners which also carries 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.

    (4) The Board of Examiners may request advice and suggestions from training institute tutors regarding examination questions and marking.

Place and date >of examinations

    (5) The Board of Examiners shall decide >where and when examinations may be held, and information on such decision of the Board is >obtainable from the Registrar of Ships.>

31.    Conduct of Examination

    (1) One member of the Board of Examiners >or any other person approved by the Board, in this rule referred to as the examiner, will 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 in which there must be complete silence.>

    (3) The following books of nautical tables are specified by the Ministry and are, available for use in the examination room–

    (a)    nautical Table-Norie (full edition); European;

    (b)    >aximuth Tables; Davis;

    (c)    admiralty Tide Tables– Volume 1, European; >Waters; >Volume 11, Atlantic Ocean and Indian Ocean; and>

    (d)>    abridged Nautical Almanac.

    (4) Candidates who wish to use their own >copies of the tables mentioned in subrule (3) >of this rule, or who wish to use other tables, may bring those tables into the examination room on condition that they submit them to the Examiner for scrutiny and approval before the examination begins, and subject to the Examiner's approval, no restriction will be placed on the use of the tables, but candidates must understand the theory on which the tables >are based and those tables must be capable of >giving an answer within the required limits for >accuracy as described in subrule (3) of rule >32.>

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

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

    (7) The use of electronic calculators is >prohibited unless otherwise announced for the examination in question.

    (8) Candidates are forbidden to bring books or papers of any kind whatever, other than tables which have been approved by the Examiner, into the examination room; and if this subrule is infringed the offender will be >regarded as having failed the examination and will not be accepted for re-examination for a >period of six months.>

    (9) Candidates who deface or otherwise injure any book or damage any instrument or other property of the Ministry will have their certificates and testimonials or other service >papers, retained until they have replaced the >damaged book or instrument, and such candidates will not be allowed to remove the damaged book or instrument, otherwise they may render themselves liable to the penalty of failure.>

    (10) No candidate shall–

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

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

    (11) Any Candidate who fails to comply with >the provisions of subrule (10) of this rule >will 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 waste paper; or

    (b)    writes on the blotting paper supplied for use in the examination, will 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;

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

    (d)    accepting information or assistance or >information from another;

    (e)    communicating in any way with another; or

    (f)    copying any part of the answers for the purpose of taking them out of the examination room, will be regarded as having failed the examination and will >not be accepted for re-examination for a period of six months, and in the case >of a second offence of the same nature, >will 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 rule; or>

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

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

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

32.    Written >examinations

    (1) A candidate will be furnished with as many sheets of paper as may be necessary for them to complete their written portion of the examination, but they will 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 interests, write clearly and legibly.

    (2) Candidates will be allowed to solve problems by any method they are accustomed to use, provided that such method is correct in principle and it is shown on the paper.

    (3) The degree of precision required of >candidates when making calculations is as follows–>

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

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

    (iii)>    i>n the calculation of compass errors, >bearings and courses, the answer should >be worked to within 0.5 of a degree;>

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

33.    Oral examinations

    (1) The oral examination is intended to >ascertain a candidate's competency in the >practical aspects of an officer's duty.>

    (2) Particular attention will be paid to candidates' knowledge of the sextant during oral examinations, and candidates will–

    (a)>    >be required to measure both vertical and horizontal angles;>

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

    (3) During the course of the oral examination the examiner will test candidates' knowledge of the sense and intention of the Regulations for Preventing Collisions at sea, but mere ability to repeat the Regulations will not suffice to ensure a candidate passing, 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) Examiners will not place a candidate in the position of handling a sailing ship, but will test the candidate's ability to recognise a sailing ships lights and the candidate's knowledge of a 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 it is 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 discretion, be required to perform further sea service before being re-examined, but that sea service will not exceed six months and may be performed in any capacity or deck in any sea-going ship.

34.    Validity of partial passes

    A pass in the whole of the written portion of any examination will remain valid for a period of five years, but a pass in either the oral or signals parts of any >examination will remain valid for a period of >twelve months only.>

PART VII
CARRIAGE OF HIGHLY DANGEROUS CARGO (reg 35)

35.    Specifications regarding carriage of highly dangerous cargo

    (1) According to the provisions of the Marine Officers Regulations a ship which has a bulk cargo specified in whole or in part as being a dangerous cargo, shall carry as officer in command and as second in command respectively, deck officers who, in addition to holding the qualifications required generally of them as explained in these Rules, >satisfy such requirements as the Minister may >specify.>

    (2) The dangerous cargo so specified consists of any liquid chemical listed in Chapter VI of the Inter-Governmental Maritime >Consultative Organization (IMCO) publication >entitled "Code for the Construction and Equipment of ships carrying Dangerous Chemicals in Bulk" any liquefied gas listed in the publication of ships carrying "Liquefied Gases >in Bulk" both published by IMCO and both documents are available from the Publications >Office of the Inter-Governmental Maritime Consultative Organization 101-104 Picadilly, London WIV or AE.>

    (3) >The additional qualifications required in respect of which the Ministry will issue a >Dangerous Cargo Endorsement (Liquefied Gas) and >Dangerous Cargo Endorsment (Liquid Chemicals) >are–>

    if one ship is a liquefied gas carrier >the persons appointed as officer in >command and second in command must have either–>

        (i)    >previously completed six months' >satisfactory credited shipboard service on articles as master or chief mate before the date the regulations were made and is able to produce a testimonial from his employer to that effect; or>

        (ii)    attended a training course appropriate to the carriage of liquefied gas and either–

            (aa)    receive in a supernumerary >capacity 14 days shipboard training designed to give an >overall appreciation of >liquefied gas cargo operations and associated >hazards and completed three months credited shipboard >service in subordinate rank; or>

            (bb)    complete six months' credited shipboard service in >subordinate rank and be in >the opinion of the master of the ship on which such service is completed a person competent to carry out safely >cargo handling duties on a >liquefied gas carrier; or>

            (cc)    >receive in a supernumerary capacity twenty-eight days >intensive ship board training as specifically approved by the Ministry designed to give an >overall appreciation of >liquefied gas cargo operations and associated hazards,>

    but the shipboard service referred to in this subrule will be credited in full if it is served on a liquefied gas carrier; and it will be credited at half rate if it is on a ship carrying dangerous liquid >chemicals in bulk or on a ship >carrying either crude oil or its products in bulk.>

    (4) If the ship is carrying dangerous liquid chemicals in bulk the person appointed as >officer in command and second in command must >have either–>

    (a)    previously completed 6 months' satisfactory credited shipboard service on articles as Master or Chief mate before the date the Regulations were made and is above to produce a testimonial from his employer to that effect; or

    (b)    attended a training course appropriate to the carriage of liquid chemicals; and either–

        (i)    received in a supernumerary capacity 14 days' shipboard training designed to give an overall appreciation of liquid chemical cargo operations and associated hazards and completed three months' credited shipboard service in subordinate rank; or

        (ii)    completed six months' credited shipboard service in subordinate >rank and be in the opinion of the >master of the ship on which such service is completed a person competent to carry out safely cargo handling duties on a liquid chemical carrier; or>

        (iii)    received in a supernumerary capacity 28 days' intensive shipboard training as specifically approved by the Ministry designed to give an overall appreciation of >liquid chemical cargo operations and associated hazards,

but the shipboard service referred to in this subrule will be credited in full if it is served on a ship carrying dangerous liquid >chemicals in bulk; and it will be credited at >half rate if it is served on a liquefied gas carrier or on a ship carrying either crude oil or its products in bulk.>

PART VIII
FEES (reg 36)

36.    Fees

    (1) Applicants for examination, and persons enquiring as to their eligibility, will be required, when making their applications, to pay the examination fee before any steps are taken to enquire into their service or to test their qualifications; and where the candidate >is found to be ineligible, the fee will be returned to him or placed to his credit until >he is eligible.>

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

    (3) The fees set out in Appendix A of these Rules are subject to change by the Ministry without advance notice.

APPENDIX A

    1. THE TRADING AREAS

    Eastern Africa Trading Areas:

    1.1    Any location within the inland waters: Lake Victoria, Lake Tanganyika, Lake Nyasa and Lake Rukwa; and

    1.2    Any location on the coast of Tanzania and in the Mozambique channel bounded by a line through the southern most points of Mozambique and Madagascar and a line from Mombasa to a point 11℃S, 44℃E near Comoros and from there by the Parallel Circle 11℃S to the Meridian 50℃E; and

    1.3    >The near coastal areas of Kenya, Somalia >south of Mogadishu and the eastern side of Madagascar within 15 nautical miles from land.>

    Unlimited Trading Area:

    Any location not within the Eastern Africa Trading Areas.

NUMBERS OF CERTIFICATED PERSONS TO BE CARRIED IN SHIPS OF VARIOUS DESCRIPTIONS AND THE APPROPRIATE CLASSES OF CERTIFICATE THEY ARE REQUIRED TO HOLD– (See Tables 1-3)

TABLE I: SHIPS OF 50 GRT AND OVER, OTHER THAN PASSENGER SHIPS AND TUGS

TABLE 2: PASSENGER SHIPS

TABLE 3: TUGS

APPENDIX B

APPENDIX C
CERTIFICATES GRANTED BY GOVERNMENTS OUTSIDE THE >UNITED REPUBLIC WHICH ARE RECOGNIZED AS HAVING THE SAME FORCE AS THOSE GRANTED UNDER THE MARINE OFFICER REGULATIONS

APPENDIX D
SPECIMEN CERTIFICATE OF WATCHKEEPING SERVICE FOR A CLASS 1 OR CLASS 2 CERTIFICATE AND FOR A COMMAND ENDORSEMENT

PART 1

PART 2

APPENDIX E
SIGHT TESTS

PART I
CONDUCT OF THE TESTS

    The purpose of these tests is to ensure that the candidates eyesight is sufficiently good to enable him to pick up and identify correctly the lights of distant ships at sea. Experience has shown that for this purpose a person must be able to reach certain minimum standards both of form and colour vision.

    A sight test comprises a letter and a lantern test taken >in that order. The tests will be conducted under the strict personal supervision of a Sight Test Examiner who will keep a record of all mistakes made by the candidate both in the letter test and in the lantern test.>

    Every candidate seeking admission to an examination for a first certificate of competency as a deck officer in the Merchant Navy or Fishing fleets must hold a sight test certificate showing >that he has passed in both letter and lantern tests within the six month period preceding the date of the examination. For >certificates of competency subsequent to the first a sight test >certificate fulfilling the conditions in respect of the latter >test only will be required.>

    Candidates are cautioned that, when taking the Lantern test, they should not attempt to hurry. They should satisfy >themselves as to the colours of the lights shown before reporting them to the examiner. The result of the test can only be judged by what the candidate reports; carelessness may cause failure and thus prevent the candidate from taking up a chosen career at sea.>

    Candidates should be in good health when taking the test otherwise their vision may be impaired.

    Candidates other than new entrants may take the sight test with or without aids (conventional spectacles or contacts) their option but candidates who opt to use aids for the letter or lantern or both must additionally reach a minimum standard in each eye without aids.

1.    Letter test

    (1)>(a) The letter test is conducted by means of >sheets of letters viewed indirectly at a distance of six metres >from the eye. Each sheet contains seven lines, the 3rd, 4th, 5th >and 7th lines corresponding to standard 6/24, 6/18, 6/12. 6/9 and 6/6 respectively.>

    (b) Candidates will be tested in each eye separately.

    (2) Standard of vision required

    (a) A candidate who opts to take the test without aids >will be required to read correctly down to and including line 7 with the better eye and down to and including line 6 with the other eye.>

    (b) >A candidate who opts to take the test using aids must first take the test without aids when he will be required to read correctly down to and including line 5 with the better eye and line 3 with the other eye. The candidate will then be tested with aids and will be required to read correctly down to and including >line 6 with the other eye.

    (3) Method of testing

    The test sheets and the means of illumination are in >accordance with BS 4274-1960 and are placed so that the centre of each sheet as viewed is at the height of eye of the average person in a sitting position. When the candidate is sitting in >the correct position one of the sheets will be exposed and he will be asked to read the letters from the left to right beginning at the top and going downwards.>

    If with aids or without aids or in both cases the >candidates fails to reach the required standard an additional sheet will be given for each eye in that part or parts of the >test in which he has failed.>

    If at the conclusion of the letter test the candidate is >considered to have reached the required standard he will then >proceed to the lantern test unless he holds a certificate of >competency for which a lantern test recognised by the Ministry should have been a condition for its issue.>

    If at the conclusion of the letter test the candidate is considered not to have reached the required standard: >the examination will be broken off and may be taken on payment of a further fee after a period of not less than one month and a certificate of failure will be issued.>

    Failure to pass the letter test is due to a defect in >vision which is sometimes curable. Whenever, therefore, a >candidate fails to pass this test he will be advised to consult an ophthalmologist with a view to ascertaining the nature of the defect and whether it is curable.>

2.    Lantern test

    (4) The test will be conducted in a room so darkened as to exclude all daylight.

    (5) Darkness adaptation

    A candidate who needs darkness adaptation will be kept in a complete or partially darkened room for at least ten minutes.

    (6) Apparatus

    The lantern used for the test is designed to show three colours red, white and green; singly through a large aperture or two at a time, side by side, through small apertures. When the small apertures are used any combination of the three colours may be shown or they may be of same colour. The lantern will be positioned directly in front of a mirror so that the front part of the lantern is exactly 3.05m (10 ft.) from the mirror and the lights as reflected in the mirror shown clearly when viewed by the candidate seated close to the lantern.

    (7) Method of Testing

    The test will commence with a series of lights shown through the large aperture followed by four complete circuits and one broken circuit of lights shown >through the small apertures. The candidate will be required to >name the colours of the lights as they appear.>

    If the above method of testing is not practicable, other >methods should be used and a note to that effect should be made.

3.    Test results

    (8)(a) A candidate who, having passed the letter test does not make any mistake in the lantern test, will be deemed to have passed the whole test and the examiner will issue a certificate to that effect.

    The certificate issued to candidates who pass the test using aids to vision for any part of the test will be endorsed to the effect that such persons should use those aids when on watch and that a spare pair of spectacles should be carried; and in >the case of those who pass the test wearing contact >lenses either a spare pair of contact lenses or >spectacles should be carried.

    (b) A candidate who mistakes red for green or green for >red will be deemed to have failed in the lantern test.>

    (c) >The test result of a candidate who mistakes green or red for white or white for red or green will be submitted to Registrar of Ships for a decision as to whether the candidate should be passed, failed or undergo a further test. A candidate awaiting such a decision may be admitted to an examination for a certificate of competency on the express understanding that in the event of >failure in the sight test the examination will be >cancelled.>

    (d) >Candidates will be notified on an appropriate form of their success or failure, or that their case has been referred for consideration.>

    (e) >A new entrant who fails the lantern test totally, may be retested after a period of not less than one month.>

PART II
QUALIFICATIONS

4.    Qualifications for Class 4 Certificate

    In order to qualify for a Class 4 certificate a candidate must–

    (a)    >satisfy the initial training requirements set >out in Part III of these Rules;

    (b)    >have completed the qualifying sea service set >out in Part IV of these Rules;

    (c)    >have attended fire fighting courses; and>

    (d)    >have passed the examination set out in Part VII of these Rules.>

5.    Qualifications for Class 3 certificate

    Candidates for a Class 3 certificate must–

    (a)    >satisfy the initial training requirements as set out in Part III;>

    (b)    >have completed the qualifying sea service set out in Part IV;>

    (c)    >have attended an approved fire fighting course; and>

    (d)    >have passed the examination set out in Part VIII of these Rules.>

6.    Qualifications for Class 2 certificate

    Candidates for a Class 2 certificate must–

    (a)    >satisfy the initial training requirements as >set out in Part III of these Rules;

    (b)    >have completed the qualifying sea service set >out in Part IV of these Rules;

    (c)    >have attended an approved fire fighting course; and>

    (d)    have passed the examination set out in Part VIII of these Rules.

7.    Qualifications for Class 1 >Certificate

    In order to qualify for a Class 1 certificate a candidate must–

    (a)    hold a Class 2 certificate;

    (b)    >whilst holding a Class 2 certificate have completed the qualifying sea service set out in Part IV of these Rules;>

    (c)    >have passed the examination set out in Part VII.>

8.    Qualifications for a Service Endorsement Class 2, 3 >or 4

    Every candidate for a Service Endorsement to a Class 2, 3 or 4 certificate must–

    (a)    >be not less than twenty-four years of age;>

    (b)    >whilst in possession of the certificate to >which endorsement is required, have completed the qualifying sea service set out in Part IV >of these Rules;>

    (c)    >have passed the examination set out in Part VII of these Rules.>

PART III
INITIAL TRAINING

9.    Workshop service, etc., not accepted

    Workshop service or other training completed before the age of sixteen years will not be accepted.

10.    Training as Engineer >Craftsman

    (1) A candidate for a marine engineering examination must have received one of the forms of initial training specified in this Rule–

    (a)    four years of engineering craft training, but a remission of one year is granted to candidates who have completed secondary technical education in mechanical engineering and as regards other candidates, the workshop service period must include one year "off job" in the >use of tools and techniques of general >engineering craft at a training institute recognized in this relation by the Ministry; or>

    (b)    >a full time course of study of at least >the standard of a National Full >Technician, Certificate in mechanical engineering at a Technical College or University together with two years or engineering training of relevance to the duties of a sea going engineer officer; or>

    (c)    >three years of marine engineer training of a maritime training institute on a training programme approved by the Ministry.>

11.    Deficiency in training and compensatory shipboard >training

    (1) Any deficiency in training from the requirements of rule 10 will be assessed in >each case by the Board of Examiners and must >be made good by "off job" training or by further workshop service of a suitable character or by compensatory ship board service.>

    (2) Compensatory shipboard service must be performed either on regular watch or on day work in ships of not less than 200 kW power, and time so spent on such ships will be >accepted as having two-thirds of the value of >suitable workshop service.>

APPENDIX F
FEES

SEVENTH SCHEDULE
THE CERTIFICATES OF COMPETENCY (MARINE ENGINEER OFFICERS REQUIREMENTS) RULES

(Regulation 8)

PART I
PRELIMINARY PROVISIONS (regs 1-2)

1.    Short title

    These Rules may be cited as the Certificates >of Competency (Marine Engineer Officers Requirements) Rules.>

2.    Interpretation

    In these Rules, unless the context >otherwise requires–

    "Board of Examiners" means the Marine Engineering >Board of Examiners appointed by the Minister under rule 41 of these Rules;

    "Certificate Engineer Officers" in relation to these Rules, means the Certificated Engineer Officers >to be carried in the various descriptions of >ships, according to the Trading Area in which they operate as per details given in Appendices 1 and 2 to these Rules;>

    "Certificate of Competency granted by other governments" means the certificates listed in >Appendix 3 to these Rules;

    "examination" means the examination for the Certificate of Competency for Marine Engineer Officers;>

    "Ministry" means the Ministry responsible for >communications and transport.

PART II
CLASSES OF CERTIFICATES OF COMPETENCY — CONDITIONS OF ENTRY (regs 3-11)

3.    Classes >of Certifi>cates of >competency>

    (1)> >The certificates of competency qualifying the holders to service as Engineer Officers are granted as follows–>

    (a)    steam certificates qualifying the holders to >serve as Engineer Officers in the classes certified in steam ships, that is to say ships propelled by steam reciprocating engines or by steam turbines;>

    (b)    motor certificates qualifying the holders to >serve as Engineer Officers in classes certified >in motorships, that is to say ships propelled by internal combustion reciprocating engines;

    (c)    combined certificates qualifying the holders to serve as Engineer Officers in the classes >certified in both steamships and motorships, and in ships propelled by gas turbines.>

    (2) The period of compensatory ship board service >required will not exceed six years.

    (3) Compensatory sea service performed before the age of twenty years will not be accepted.

4.-11. 1

PART III
REQUIREMENTS FOR INITIAL TRAINING (regs 12-13)

12.    Testimonials

    (1) All candidates will be required to produce testimonials covering their service and those testimonials must be signed by the employer or his representative.

    (2) Testimonials will not be returned to candidates when the examination is completed.

13.    Training outside Tanzania

    Training outside Tanzania may be >accepted by the Ministry to make up for whole >or part of the conditions of this Part.>

PART IV
QUALIFYING SEA SERVICE (regs 14-17)

14.    Qualifying sea service

    Candidates for a Class 4 Certificate of >Competency must, in addition to the >requirements for initial training set out in >Part III, have completed the following period of qualifying sea service in ships of not less >than 200 kW power–

    (a)    >for a Steam Certificate, six months on the boilers and main propelling machinery of a steamship;>

    (b)    >for a Motor Certificate, six months on the main propelling machinery of a motor ship;>

    (c)    >for a Combined Certificate, at least four months on the boilers and main propelling machinery of a steam ship and at least four months on the propelling machinery of a motor ship;>

    (d)    >for a Service Endorsement, twenty-one months whilst in possession of a Class 4 Certificate of competency, but such qualifying sea service must have been performed in steam ships for a steam endorsement and in motor ships for a motor endorsement.>

15.    Class 3 >Certificate of >competency>

    Candidates for a Class 3 Motor Certificate of Competency must, in addition to >the requirements for initial training set out >in Part III, have completed the following period of qualifying sea service–>

    (a)    for a Certificate, twenty-one months of which at least twelve months must have been spent as assistant engineer officer on regular watch in ships of not less than 350 kW power; and at least nine months of sea service must have been spent on the main propelling machinery of motorship;

    (b)    for a service Endorsement, twenty-four months as engineer officer in motor ships of which at least twelve months must have been spent as either–

        (i)    >engineer officer while holding a >Class 3 certificate; or>

        (ii)    chief or second engineer officer while holding Class 4 certificate.

16.    Class 2 >Certificate >of competency>

    Candidates for a Class 2 Certificate of Competency, must, in addition to the >requirements of initial training set out in >Part III, have completed the following sea service–>

    (a)    for a certificate, twenty-one months of which at least twelve months must have >been spent as assistant engineer officer >or engineer officer on regular watch on >ships of not less than 750 kW power; and >at least nine months of the qualifying >sea service must have been spent on the main propelling machinery of a motor ship for a Motor Certificate, and in a steam ship for a Steam Certificate and on each for a Combined Certificate;>

    (b)    f>or a Service Endorsement, twelve months as either–>

        (i)    engineer officer while holding a >Class 2 certificate; or

        (ii)    >chief engineer while holding a Class 3 certificate.

17.    Class 1 Certificate of competency

    Candidates for a Class 1 Certificate of Competency must, in addition to the requirements for initial training set out in Part III, must have completed forty-two months of qualifying sea service of which at least twelve months must have been spent as engineer officer in a position of responsibility while holding a Class 2 certificate.

PART V
GENERAL PROVISIONS AS TO ELIGIBILITY (regs 18-23)

18.    Qualifying sea service

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

    (2) When part or whole of the service has been performed in ships which for considerable periods have not been under way, a statement from the owners of the ship must be produced 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 candidates for the Class 1 examination the twelve months' service period should be performed as Engineer Officer in charge of the watch although 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 >Officers employed in work practices in ships operated on other than the traditional eight >hour watchkeeping 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 subrule will be assessed according to the following general principles–>

    When an Engineer is nominated as being in sole charge of periodically unattended >machinery spaces for a period of 24 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 will be considered as daywork and allowed to count towards qualifying sea service as detailed in subrule 6 of this rule. The total sea service accepted under these conditions will be either that computed in accordance with this subrule or the time >actually spent on articles, whichever is >less.>

Service auxiliary >machinery

    (5) Time spent on auxiliary machinery essential to the running of the main propelling machinery will be allowed to count in full >towards qualifying sea service, this service >being subject to a maximum acceptable limit of nine months.>

Day work

    (6) 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, will 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.>

Service in smooth waters

    (7) Service in smooth waters in ships exempted under regulation 21 of the Merchant Shipping (Certification of Marine Officers) Regulations, will be accepted at half rate; the total service so calculated being subject to a maximum acceptable limit of fifteen months.

19.    Testimonials to state >certain particulars

    (1) Every candidate must produce testimonials in respect of his qualifying sea >service, and such testimonials should state the seniority on watch, the type of main >propelling machinery and the nature of the >duties performed, and be signed by the Chief Engineer and endorsed by the Engineer >Superintendent or by the Master or other >representative of the Owner.>

{mprestriction ids="1,2,3"}

    (2) When a candidate has acted in the capacity of a Chief Engineer, the testimonial or testimonials in the form of Appendix 4 to >these Rules should be signed by the company's >Engineer Superintendent or a person of >responsibility within the company.

    (3) A record of service in the form shown in Appendix 5 should be provided in the case of candidates for the Class 4 examination.

20.    Physical or mental disabilities

    When 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 should state whether such >defect did in fact interfere in any way with the efficient discharge of the candidate's duties.>

21.    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 served will not be accepted, unless authenticated in the >manner prescribed in subrule 2 of this rule.>

    (2) Proof of sea service in foreign vessels which cannot be verified by the Registrar of Ships must be confirmed either by a 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.

22.    Calculation >of service>

    The candidate's service should be calculated in the following manner–

    (a)    the candidate's qualifying sea service >as shown by his discharges and testimonials will be reckoned by the calendar month, 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 periods ascertained >as in paragraph (a), should be computed, after which the number of odd days should be counted;>

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

23.    Penalty for misconduct

    Candidates or potential candidates who, >after having signed crew agreements have >neglected to join their vessels, or who, after having joined, have left their ships other than upon discharge, or who have committed misconduct on board will be required to produce satisfactory proofs of two years' subsequent >service with good conduct at sea, unless the >Ministry, after investigation, should see fit to reduce this period.>

PART VI
ADMISSION TO EXAMINATIONS AND AWARD OF CERTIFICATES (regs 24-35)

24.    Application >for examination personnel>

    (1) Candidates who wish to take the examination for a certificate of competency should complete the form of application, signing the declaration thereon, and pay the >appropriate fee to the Registrar of ships.

    (2) The completed form, together with the >candidate's certificate of apprenticeship, testimonials, discharges, certificate of >competency or service, if any, and any other >relevant documents must be submitted to the >examination centre at least thirty days before >the commencement of the week during which the >examination is to be held.>

25.    Proof of nationality

    Every candidate for a certificate of >competency of any grade will be required to produce proof of name, nationality, place and >date of birth.>

26.    Language of e>xamination>

    All examinations are normally conducted >in the English language.>

27.    Penalty >for offering gratuity

    In addition to any penalty which may be imposed under criminal law, if a candidate >offers gratuity to any officer under the Ministry he will–>

    (a)    be regarded as having committed an act of misconduct and will be rejected; and

    (b)    not be re-examined until a period of at >least twelve months has elapsed.>

28.    Defence Navy

    (1) Engineer Officers who have specialised in marine engineering, marine Engineering Artificers (Propulsion) and Mechanicians, on active service or retired may be examined for certificates of competency under the same conditions that apply to Merchant Navy personnel, and applications for such examinations should be made in accordance with rule 24 of these Rules.

    (2) The practical engineering training given by the National Defence Navy to such personnel >will be accepted in full towards the initial >training requirements set out in Part III.>

    (3) Sea service performed by such personnel on ships of the National Defence Navy will be assessed as if it had been articled sea service on ships of the Merchant Navy.

29.    Fees

    A candidate for examination will be >required to pay a fee, based on the fees set >out in Appendix 6 of these Rules, on each Occasion on which he applies for an examination; but the fees are subject to change by the Ministry without notice.>

30.    Payment of fee for inquiry

    A person enquiring as to his eligibility >for examination will 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 fee will, either be returned to him or place to his credit until he is qualified.>

31.    Issues of certificate

    (1) When a candidate has successfully completed all parts of the examination he will >receive the certificate from the Registrar of >Ships.>

    (2) Lower classes of Certificates of Competency, and certificates issued under previous regulations will not be returned to >the successful candidates.

    (3) A candidate who has not successfully >completed all parts of the examination will receive a record of his examination results.

32.    Copy of lost certificate

    (1) Application for a certified copy of >a lost certificate either of competency or service should be submitted to the Registrar of Ships together with the appropriate fee, but a declaration as to the circumstances in which the certificate was lost must be made by the >applicant before the Registrar.

    (2) A copy of the Certificate will be delivered to the applicant.

    (3) No fee is chargeable if the applicant can show that the certificate was lost through shipwreck or fire.

33.    Failing >candidate >may be re-examined >without >penalty>

    A candidate who fails in any part of the examination may present himself for re-examination at any subsequent examination subject to no penalty under rule 34 or 35 being enforced.

34.    Penalty for failure in Engineering >Knowledge >Examination>

    (1) A candidate who shows ignorance of >topics which are vital to an Engineer Officer's >duties and are such that if neglected could >lead to acts or omissions whereby life or the ship is endangered, will not be accepted for re-examination until he has performed a further period of twelve months' sea service.>

    (2) A candidate who, during three attempts at the engineering knowledge examination in any twelve months period, shows no improvement in his engineering knowledge will not be accepted for re-examination until he has performed a further period of twelve months' sea service.

35.    Breach of >Examinations rules>

    Candidates violating any of the examination rules will be considered to have >failed and will not be accepted for re->examination for such a period as may be decided by the Board of Examiners.>

PART VII
EXAMINATIONS AND EXEMPTIONS (regs 36-39)

36.    Exemption from Part A of the examinations

    (1) Candidates who have completed courses in the United Republic leading to a National Full Technician's Certificate in mechanical engineering and have passed the terminal examination to the standard required by the Marine Engineering Board of Examiners, may be granted exemptions from Class 2 and Class 3 examinations on a subject to subject basis.

    (2) Candidates who have obtained qualifications at least similar to those in subrule 1 of this rule at any other institute of technical education may be allowed the same exemptions provided that they can satisfy the Board of Examiners of their suitability and level of the courses taken.

37.    Examinations

    (1) The examination for a Class 4 Certificate will be viva voce only.

    (2) The examination for a Class 3 certificate >is divided into the following two Parts–

    Part A:

        General Engineering Science I
    >(One paper of 3 hours)>

        General Engineering Science II
    (One paper of 3 hours)

    Part B:

        Engineering Knowledge
    (2 papers, each of 3 >hours)>

    Viva Voce examination.

    (3) The examination for a Class 2 Certificate is divided into the following two Parts–

    Part A:

    Applied Mechanics (One paper of 4 hours)

    Heat Engines (One paper of 4 hours)

    Mathematics (One paper of 4 hours)

    Engineering Drawing (One paper of 5 hours).

    Part B:

        (I)    Electrotechnology (One paper of 4 hours)

            Naval Architecture (One paper of 4 hours)

        (II)    Engineering Knowledge (2 papers each of 4 hours).

    (4) The Examination for Service Endorsement to the Class 2, Class 3 and Class 4 Certificate will be viva voce only and will be based upon the responsibilities and duties of the Chief Engineer Officer at a level appropriate to the endorsed certificate and its range of application.

    (5) The examination for a Class 1 Certificate is divided into the following two Parts–

    Part A:

    Applied Mechanics (One paper of 4 hours)

    Heat Engines (One paper of 4 hours)

    Part B:

        (I)>    >Electrotechnology (One paper of 4 hours)>

        (II)>    Engineering Knowledge (2 papers each >of 4 hours)>

    (6) The examination for Combined Certificate Class 2 will consist of–>

    Engineering Knowledge (One >paper of 4 hours)

    Viva voce examination.

38.    Examinations syllabuses

    The knowledge requirements of the International Convention of Training, Certification and Watchkeeping for Seafarers 1978, for engineer officers as set out in column 1 of the following Table is included in the syllabus for the certificate of competency set >out opposite thereto in column 2, except that >the syllabi are as set out in the booklet >entitled "Examination for Certificates of >Competency in the Merchant Navy, Marine Engineer Syllabuses and Specimen papers" published by the Department of Trade, London >1977, and amended from time to time.

39.    Admission to Examinations

    (1) A candidate may present himself for either the whole of Part A of the Class 1, Class 2 or Class 3 examination or, if exempted from certain subjects, the remaining subject or subjects at any time after he has completed the training required in Part III, of these Rules, except in the case of Class 1 Certificate >when he must in addition be in possession of >Class 2 Certificate.>

    (2) A candidate may present himself for Part >B of an examination at any time after he has >completed the necessary period of qualifying sea service provided that he also takes at the same time the whole of Part A examination unless he has previously completed Part A examination or has been exempted from it.>

    (3) A candidate qualifying for a Class 3 examination may present himself for section 1 of part B of a Class 1 or Class 2 examination.

    (4) Candidates will only be allowed to sit for a Combined Certificate if they have already passed the examination for a steam or Motor Certificate of that Class.

    (5) A candidate who is successful in passing any subject will not be required to resit that subject at a subsequent attempt.

    (6) >Candidates will be expected to obtain a minimum number of marks in each subject in >the written examinations and not less than one-half of the total number of marks to secure a >pass; but in the viva voce examination marks >of higher standard will be required.>

PART VIII
EXAMINATION PROCEDURE (regs 40-47)

40.    Examination Centre

    The examinations shall be arranged by >the Registrar of Ships.

41.    Board of >Examiners>

    The Minister shall appoint a Marine Engineering Board of Examiners made up of three examiners holding Certificates of Competency (Marine Engineer Officer) Class 1 or its equivalent, or at least certificates of a higher grade than those for which examinations >are currently arranged.

42.    Marking and >assessment>

    (1) Questions for the written portions of the examinations are decided on by the >Marine Engineering Board of Examiners which >also carries 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 examiners.

    (2) The Board may request advice and suggestions from the training institute tutors regarding examination questions and marking.

43.    Place and date of examinations

    (1) The Board of Examiners shall decide >where and when examinations may be held.>

    (2) Information regarding such examinations may be obtained from the Registrar of ships or the Training Institute.

44.    Conduct of the >examinations>

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

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

    (3) There must be complete silence in the examination room.

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

    (5) Candidates who which to use their own copies of the allowed tables, may bring such >tables into the examination room on condition >that they submit them to the Examiner for scrutiny and approval before the examination.>

    (6) Candidates are allowed to use their own drawing instruments and slide rules provided the Examiner's approval is obtained before the examination begins, but the use of electronic calculators is prohibited, unless otherwise >announced for the examination in question.

    (7) Candidates are forbidden to bring into the examination room books or papers of any kind, other than tables which have been approved by the examiner, and if this subrule is infringed the offender shall be regarded as having failed the examination and will not be >accepted for re-examination for a period of >six months.>

    (8) Candidates who deface or otherwise i>njure any book or damage any instrument or >other property of the Ministry will have their certificates and testimonials, or other service papers retained until they have replaced, the damage book or instrument; and those candidates shall not be allowed to remove the damage book or instrument otherwise they may render >themselves liable to the penalty of failure.

    (9) No candidate shall–

    (a)>    >leave the examination room without permission and without giving up the >paper 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 subrule (9) of this rule shall be regarded as having failed the examination.

    (11) All work must be shown on the paper supplied for use in the examination and any candidates who–

    (a)    works out problems on waste paper; or

    (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 answers for the purposes 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 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 rule; or

    (b)    is founds guilty of insolence to the Examiner; or

    (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 answers for the purposes of taking them out of the examination room,

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

45.    Written portion >as examinations

    (1) Candidates shall be furnished with many sheets of papers as may be necessary for them to complete their written portion of the >examination, but they shall be required to–

    (a)    >complete 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 interests, write clearly and legibly.

    (2) Candidates shall be allowed to solve problems by any method they are accustomed to use, provided that that method is correct in principle and is shown on the paper.

46.    Oral >examinations

    (1) The Oral examination is intended to >ascertain a candidate's competency in the >practical aspects of an officer's duty.>

    (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 Examiners discretion, be required to perform further sea service before being re-examined, but the sea service shall not exceed six months and may be performed in any engine room capacity in any sea-going ship.>

47.    Validity of >partial >passes

    A pass in the whole of the written portion of any examination shall remain valid for a period of five years, but a pass in the oral part of any examination shall remain valid >for a period of twelve months only.

PART IX
CARRIAGE OF DANGEROUS CARGO (reg 48)

48.    Officers on ships carrying dangerous cargo

    (1) According to the provisions of the Certification of Marine Officers Regulations, >a ship which has a bulk cargo specified in whole or in part as being a dangerous cargo >shall carry as Chief Engineer Officer and as Second Engineer Officer respectively, engineer officers who, in addition to holding the qualifications required generally of them as explained in the earlier Parts of these Rules, satisfy such additional requirements as the Registrar may specify.>

    (2) The dangerous cargo so specified >consists of any liquid chemical listed in >Chapter VI of the Inter-Governmental Maritime Consultative Organization (IMCO) publication entitled "Code for the Construction and Equipment of Ships carrying dangerous Chemicals in Bulk" and any liquefied gas listed in Chapter XIX of the IMCO publication entitled "Code for the Construction and Equipment of Ships carrying Liquefied Gases in Bulk" both >published by IMCO and both documents are >available from the Publication's Office of the Inter-Government Maritime Consultative >Organization, 101-104 Picadilly, London WIV >OAE.>

    (3) The additional qualifications required in respect of which the Ministry shall issue a Dangerous Cargo Endorsement (Liquefied Gas) and Dangerous Cargo Endorsement (Liquid Chemicals) are–

    if the ship is a liquefied gas carrier the persons appointed as Chief Engineer Officer and second Engineer Officer must have previously either–

    (a)    completed six months' satisfactory credited shipboard service on articles as Chief Engineer Officer >or Second Engineer Officer before >the date the Regulations were made and can produce a testimonial from >his employer to that effect; or

    (b)    attended an approved training course appropriate to the carriage of liquefied gas and either–

        (i)    received in supernumerary capacity fourteen days, >shipboard training designed >to give an overall appreciation of liquefied gas cargo operations and >associated hazards and >completed three months' >credited shipboard service in a subordinate rank; or

        (ii)    completed six months' credited shipboard service in subordinate rank and be >in the opinion of the Chief >Engineer Officer of the ship on which that service is completed, a person competent >to carry out safely cargo >handling duties on a >liquefied gas carrier; or

        (iii)    received in a supernumerary capacity twenty-eight days' intensive shipboard training to give an over-all appreciation of liquefied gas cargo operations and associated hazards.

    (4) The shipboard service referred to in subrule (3) of this rule shall be credited in full if it is served on a ship carrying dangerous chemicals in bulk or on a ship carrying either crude oil of its products in bulk.

    (5) If the ship carries dangerous liquid chemicals in bulk the persons appointed as Chief Engineer Officer and Second Engineer >Officer must have previously either–

    (a)    completed six months' satisfactory >credited shipboard service on articles >as Chief Engineer Officer or Second Engineer Officer before the date the Regulations were made and can produce a testimonial from his employer to the effect; or>

    (b)    attended an approved training course appropriate the carriage of liquid chemicals; and either–

        (i)    received in a supernumerary capacity of fourteen days' shipboard training designed to give >an overall appreciation of liquid >chemical cargo operations and associated hazards and completed three months' credited shipboard service in a subordinate rank; or>

        (ii)    completed six months' credited shipboard service in a subordinate rank and be, in the opinion of the Chief Engineer of the ship on which that service is completed, person competent to carry out safely cargo handling duties on a liquid chemical carrier; or

        (iii)    received in a supernumerary capacity of twenty-eight days' >intensive shipboard training as specifically designed to give an >overall appreciation of liquid >chemical cargo operations and associated hazards.

    (6) The Shipboard service referred to in subrule (5) of this rule shall be credited in full if it is served on a ship carrying dangerous liquid chemicals in bulk; it shall >be credited at half rate if it is served on a >liquefied gas carrier or on a ship carrying either crude oil or its products in bulk.>

APPENDIX 1

(1)

APPENDIX 2
THE TRADING AREAS

APPENDIX 3
CERTIFICATES GRANTED BY GOVERNMENTS OUTSIDE THE >UNITED REPUBLIC WHICH ARE RECOGNIZED AS HAVING THE >SAME FORCE AS TANZANIAN CERTIFICATE

APPENDIX 4
SEA SERVICE

(Rule 19(2)

APPENDIX 5
RECORD OF DUTIES PERFORMED FOR CLASS 4 CERTIFICATE OF COMPETENCY (MARINE ENGINEER)

(Rule 19(4))

APPENDIX 6
FEES

(Rule 29)

THE MERCHANT SHIPPING (LICENSING OF UNREGISTERED VESSELS) REGULATIONS

(Sections 76 and 77)

G.Ns. Nos.
310 of 1990
512 of 1991
280 of 1992
230 of 1993
409 of 1999

PART I
PRELIMINARY (regs 1-2)

1.    Citation

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

2.    Definitions

    In these Regulations, unless the context otherwise requires–

    "acceptable" means acceptable to the Safety Officer;

    "adequate" means adequate to the Safety Officer;

    "approved" means approved by the Safety Officer;

    "berthed passenger" means a passenger on a vessel for whose use acceptable enclosed accommodation is provided on the vessel;

    "East African Trading Area" means–

    (a)    any location within the inland waters of Lake Victoria, Lake Tanganyika, Lake Nyasa and Lake Rukwa; and

    (b)    any location on the coast of Tanzania, and in the Mozambique Channel, bounded by a line through the southern-most points of Mozambique and Madagascar, and a line from Mombasa to a point 11ºS, 44ºE near the Comoros and from there by Parallel Circle 11ºS to the meridian 50ºE; and

    (c)    the near coastal areas of Kenya, Somalia south of Mogadishu and the eastern side of Madagascar, within 15 nautical miles from the land;

    "equipment" in relation to surveys includes, lifesaving appliances, firefighting appliances, navigational equipment, lights, sound signals, mooring lines and sails;

    "fishing vessel" means a vessel designed for or engaged in fishing;

    "g.r.t." in relation to a ship means its gross register tonnage;

    "hull" in relation to a survey, includes all structural members of a ship, steering mechanism, hull plating, hull planking, frames, beams, girders, deck plating, deck planking, bulkheads, tanks, superstructures, deck houses, masts, rigging, rudders, anchors and cables and cargo handling equipment;

    "licensed" means an unregistered vessel licensed and defined in sections 76 and 77 of the Merchant Shipping Act *;

    "licensing officer" means the person holding the position of Licensing Officer responsible for maintaining the register of Licensed Vessels and appointed by the Minister;

    "Load Line" in relation to survey, includes all closing devices, scuttles, sky-lights, freeing ports, air pipes, sounding pipes, ventilators and the marking of load lines;

    "machinery" in relation to surveys, includes all main propulsion, machinery of a vessel, prime movers, generators, ballast pumps, firepumps, switchboards, electrical equipment, windlasses, capstans, oil water separators and refrigeration plant;

    "Minister" means the Minister responsible for slipping;

    "n.r.t." means net register tonnage;

    "parastatal organisation" means a wholly Government body engaged in commercial trade;

    "passenger" means any person carried on a vessel other than–

    (a)    the master or an apprentice or a member of the crew or a person employed or engaged in any capacity on board the vessel on the business of the ship; or

    (b)    a child under one year of age;

    "passenger vessel" means a vessel carrying or capable of carrying more than twelve passengers;

    "proper officer" means an officer appointed by the Minister under section 76 of the Merchant Shipping Act;

    "public institution" means a body in which the Government has an ownership interest;

    "radio" in relation to a survey includes radio installations, survival craft radio equipment and means of radio operation;

    "safety officer" means the person occupying the positions of Director of Shipping;

    "sailing limits" means the limits of operation of a vessel as laid down in section 33 of these Regulations;

    "satisfactory" means satisfactory in the opinion of the safety officer;

    "surveyor" means a surveyor designated as a surveyor of ships by the Minister under section 75 or 191 of the Merchant Shipping Act;

    "survey certificate" means a survey certificate granted by the safety officer under regulations 12 to 18 inclusive of these Regulations;

    "trading vessels" means vessels engaged in the carriage of goods or cargo for reward, or a vessel chartered or hired out for reward;

    "unberthed passenger" means a passenger on a vessel other than a passenger who is a berthed passenger;

    "Unlimited Trading Area" means any location not within the East African Trading Area;

    "unregistered vessels" means vessels of less than 25 n.r.t.;

    "vessel" includes any ship or boat, or any other description of vessel used or designed to be used in navigation.

PART II
APPLICATION AND LICENSING (regs 3-11)

3.    Application

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

    (a)    trading vessels (cargo or passenger);

    (b)    fishing vessels;

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

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

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

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

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

    (iii)    sailing vessels with or without auxiliary power;

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

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

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

4.    Application to be made in writing

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

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

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

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

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

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

    (a)    the name of the vessel;

    (b)    a description of the vessel; and

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

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

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

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

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

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

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

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

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

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

    (a)    the name of the vessel;

    (b)    the licence identification number allocated;

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

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

    (e)    the particulars contained in the–

        (i)    application for licensing; and

        (ii)    the LICENSED VESSEL TONNAGE CERTIFICATE FORM L1.

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

    (a)    the application for licensing; and

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

5.    Application to be made on Form L2

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

    (a)    on Application for Licensing form L2;

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

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

            (i)    a description of the vessel;

            (ii)    the estimated tonnage of the vessel;

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

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

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

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

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

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

            (iv)    a DECLARATION OF OWNERSHIP FORM R3.

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

    (a)    make a declaration to that effect; and

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

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

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

    (b)    enter into the Register of Licensed Vessels–

        (i)    the name of the vessel;

        (ii)    the licence identification number allocated;

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

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

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

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

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

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

    (a)    the certificate of the builder;

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

    (c)    the DECLARATION OF OWNERSHIP FORM R3; and

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

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

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

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

7.    Change in ownership

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

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

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

8.    Alteration to vessel to be recorded in the Register

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

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

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

9.    Identity mark to be allocated

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

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

    (3) the identity mark shall–

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

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

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

10.    Licensing fee

    (1) In this regulation–

    "length" means the length of the vessel as recorded in the Register of Licensed Vessels.

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

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

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

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

11.    Licence to displayed conspicuously

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

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

PART III
SURVEYS (regs 12-19)

12.    Vessel not to go to sea without survey certificate

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

13.    Survey of vessel

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

    (a)    equipment;

    (b)    hull;

    (c)    load-line;

    (d)    machinery; and

    (e)    radio (where appropriate).

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

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

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

    (c)    after major repairs.

    (4) A surveyor, or other authorised officer may board a licensed vessel at any reasonable time to undertake an inspection.

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

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

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

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

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

15.    Forms to be used for application

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

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

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

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

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

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

    (a)    maintain aboard the vessel; and

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

        (i)    the safety officer; or

        (ii)    a surveyor; or

        (iii)    a person authorised by the safety officer,

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

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

17.    Exemption

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

18.    Suspension of Survey Certificate

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

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

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

19.    Fee for surveys

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

PART IV
LIFESAVING APPLIANCES (regs 20-27)

20.    Life saving appliances

    (1) In relation to a vessel–

    (a)    the design and construction of–

        (i)    lifeboats and associated equipment;

        (ii)    liferafts and associated equipment;

        (iii)    rescue boats and associated equipment; and

        (iv)    lifebuoys; and

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

    (c)    the types of–

        (i)    torches;

        (ii)    hand lamps; and

        (iii)    buoyant lines,

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

    (2) The type of–

    (a)    lifejackets;

    (b)    parachute distress rockets;

    (c)    smoke floats;

    (d)    hand flares; and

    (e)    self-igniting light floats,

carried in a vessel shall be approved.

21.    Other appliances

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

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

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

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

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

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

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

22.    Lifejackets

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

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

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

23.    Lifesaving appliances as per Schedules 3 and 4

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

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

24.    Stowage of lifebuoys and lifejackets

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

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

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

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

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

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

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

25.    Fire extinguishers as shown in Schedule 6

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

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

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

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

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

    (a)    one refill of the type; or

    (b)    an additional portable fire extinguisher,

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

26.    Navigation equipment and nautical publications

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

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

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

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

27.    Radio equipment

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

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

    (a)    (i)    2182 KHz; and

        (ii)    4125 KHz or 6215.5 KHz; and

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

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

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

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

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

    (a)    the operation of;

    (b)    testing purposes in connection with; and

    (c)    charging of,

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

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

    (6) A record of all messages that are:

    (a)    received;

    (b)    transmitted; or

    (c)    intercepted,

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

PART V
PASSENGERS AND CARGO (regs 28-33)

28.    Definitions

    In this regulation–

    "clear deck space" on, or above, the weather deck of a vessel, or, in a vessel without a weather deck, the area bounded by the uppermost continual strake of the vessel, being a space–

    (a)    which is not an enclosed space;

    (b)    in or on which no cargo, stores or equipment are permitted to be carried;

    (c)    that, where applicable, does not include hatchways;

    (d)    that is not used in the navigation of the vessel; and

    (e)    the use of which would not obscure the vision of the crewmen navigating the vessel;

    "weather deck" means the lowest deck in the vessel exposed to the weather and sea, whether in whole or only partially exposed.

29.    Number of berthed and unberthed passengers

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

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

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

    (4) Where–

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

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

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

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

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

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

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

    (a)    no danger to any unberthed passenger; and

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

30.    Load line to be visible

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

31.    Lights to be shown

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

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

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

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

    (a)    in vessels of twelve metres or more but less than fifty metres in length–

        a masthead light, five miles; except that where the length of the vessel is less than twenty metres, three miles;
a sidelight, two miles;
a sternlight, two miles;
a towing light, two miles;
an all-round light, two miles;

    (b)    in vessels of less than twelve metres in length;

        a masthead light, two miles;
a sidelight, one mile;
a sternlight, two miles;
a towing light, two miles;
an all-round light, two miles.

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

    (a)    a masthead light forward; and

    (b)    sidelights; and

    (c)    a sternlight.

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

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

    (b)    sidelights; and

    (c)    a sternlight.

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

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

    (b)    a sternlight.

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

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

    (9) A vessel engaged in fishing shall show–

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

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

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

    (11) A vessel at anchor shall show–

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

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

    (12) A vessel when aground shall exhibit–

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

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

32.    Manning requirements

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

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

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

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

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

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

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

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

33.    Sailing limits

    (1) In this regulation–

    "international voyage" means a voyage from a port or place inside Tanzania to a port or place outside Tanzania;

    "mile" means a nautical mile of 1852 metres;

    "near coastal waters" means water within five miles of the coastline;

    "semi-sheltered waters" means water within three (3) miles of the coastline;

    "sheltered waters" means water within half a mile of the coastline and all harbours, bays, creeks, river mouths and inlets.

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

    (3) Vessels of less than–

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

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

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

SCHEDULE 1
FORMS

FORM L1
LICENSED VESSEL TONNAGE CERTIFICATE

UNITED REPUBLIC OF TANZANIA

(Regulation 3(3)(b))

SCHEDULE 2
FORMS

FORM L2
APPLICATION FOR LICENSING AND APPROVAL OF NAME OF VESSEL

UNITED REPUBLIC OF TANZANIA

MINISTRY OF COMMUNICATIONS & WORKS

(Regulation 4(1))

FORM L3
DECLARATION OF OWNERSHIP

UNITED REPUBLIC OF TANZANIA

MINISTRY OF COMMUNICATIONS

(Regulation 4(5)(c))

FORM L4
LICENCE FOR VESSEL

UNITED REPUBLIC OF TANZANIA

MINISTRY OF COMMUNICATIONS

(Regulation 4(c))

FORM L5
BILL OF SALE FOR LICENSED VESSEL

UNITED REPUBLIC OF TANZANIA

MINISTRY OF COMMUNICATIONS & WORKS

(Regulation 4(2)(b)(iii))

FORM L6
APPLICATION TO CHANGE NAME OF A LICENSED VESSEL

UNITED REPUBLIC OF TANZANIA

MINISTRY OF COMMUNICATIONS

(Regulation 5(1))

FORM L7
APPLICATION TO CHANGE PORT OF LICENSING

THE UNITED REPUBLIC OF TANZANIA

MINISTRY OF COMMUNICATIONS & WORKS

(Regulation 5(1))

FORM S1
APPLICATION FOR SURVEY

UNITED REPUBLIC OF TANZANIA

MINISTRY OF COMMUNICATIONS & WORKS

(Regulation 14)

FORM S2
REPORT BY SURVEYOR ON COMPLETION OF SURVEY OR INSPECTION (IN ACCORDANCE WITH INSTRUCTIONS TO SURVEYORS)

UNITED REPUBLIC OF TANZANIA

MINISTRY OF COMMUNICATIONS

(Regulation 15(2))

FORM L8
LICENSED VESSEL SURVEY CERTIFICATE

UNITED REPUBLIC OF TANZANIA

MINISTRY OF COMMUNICATIONS

(Regulation 15(1))

SCHEDULE 3
GENERAL LIFE SAVING APPLIANCE

SCHEDULE 4
MARKING OF APPLIANCES

SCHEDULE 5
FEES

Part A: Tonnage Measurement

Part B: Licence fees

Part C: Transfer of Licence

SCHEDULE 6
FIRE FIGHTING EQUIPMENT AND NAVIGATIONAL PUBLICATIONS

(Regulations 24 and 25)

THE MERCHANT SHIPPING (MEDICAL EXAMINATION) REGULATIONS

(Section 136)

[25th May, 2001]

G.N. No. 93 of 2001

1.    Short title

    These Regulations may be cited as the Merchant Shipping (Medical Examination) Regulations.

2.    Interpretation

    In these Regulations, unless the context requires otherwise–

    "approved medical practitioner" means a medical practitioner registered with the Medical Council of Tanganyika, whom the Ministry of Communications and Transport has approved to examine seafarers;

    "bulk chemical carrier" means a ship that is constructed or adopted and used for the carriage in bulk of any liquid product listed in Chapter 17 of the International Bulk Chemical Code;

    "master" includes every person except a pilot having command or charge of a ship, or having command or charge of a seaplane or other craft when it is on or in close proximity to the water;

    "medical fitness certificate" means a certificate of medical fitness issued in accordance with these Regulations;

    "medical referee" means one of the approved medical practitioners appointed by the Registrar of Ships to deal with seafarer appeals in accordance with regulation 13 of these Regulations;

    "medical standards" means the guidelines for medical examination of seafarers, set out in the Schedule under Appendix 1 of these Regulations;

    "owner" as applied to unregistered vessels means the actual owner, and as applied to registered ships means the registered owner or any other organisation or person such as the manager, or the bareboat charterer, who has assumed the responsibility for operation of the ship from the shipowner;

    "pilot" means any person not belonging to a ship who has the conduct thereof of the ship;

    "restricted service" means restriction of the serving seafarer's employment to certain shipping trades, geographical areas, types of ships or jobs for such periods of time as may be stipulated by the approved medical practitioner;

    "seafarer" means a person serving or intending to serve on a ship to which Part III of the Merchant Shipping Act * applies and includes a master, officer or seaman but does not include a pilot, a person who is not a member of the crew of the ship or a supernumerary;

    "seaman" includes every person except masters, pilots and persons who are not members of the crew of the ship duly contracted or indentured and registered, employed or engaged in any capacity on board any ship;

    "ship" includes every description of vessel used in navigation not propelled by oars;

    "STCW 95" means the International Convention on Standards of Training, Certification and Watch keeping for Seafarers, 1978; and

    "valid certificate" means a certificate that is current and that has not been cancelled, and which has been issued in accordance with regulation 10 of these Regulations.

3.    Application

    Every candidate for, and a holder of Tanzanian certificate issued under the Regulations implementing STCW 95 shall also hold a valid medical certificate, irrespective of the size of a ship on which he is working or on which he intends to work.

4.    Employment of Seafarers

    (1) No person shall employ any Seafarer in a Tanzanian registered ship unless the seafarer is a holder of valid medical fitness certificate appropriate for the area in which the ship is to operate or for the job on which the ship is to be employed.

    (2) A seafarer serving on bulk chemical carriers shall be subject to annual examination and blood tests conducted yearly or more frequently, according to the nature of the cargo, notwithstanding that the seafarer holds a valid medical certificate for a period exceeding one year.

5.    Evidence of medical fitness

    For purpose of regulation 4, a person shall be medically fit if–

    (a)    he has a valid Medical Fitness Certificate; and

    (b)    there is no evidence that his medical condition has changed since the previous medical examination to an extent that would make him unfit for duties to be performed.

6.    Medical condition

    Medical fitness shall be determined by reference to the Medical Standards set out in the Schedule under Appendix 1 and any subsequent standards amending or replacing them, the job task analysis set out in the Schedule under Appendix 2 and in additional, by applying normal medical fitness considerations.

7.    Expiry of a certificate

    Any seafarer, whose certificate expires while he is in a location where medical examination in accordance with these Regulations is impracticable, may continue to be employed without a medical fitness certificate for a period not exceeding three months from the date of expiry of such medical certificate.

8.    Exceptions

    A medical fitness certificate shall not be required by–

    (a)    a pilot (who is not a member of the crew);

    (b)    a person employed in a ship solely in connection with the construction, alteration, repair or testing of the ship, its machinery, or equipment, and not engaged in the navigation of the ship;

    (c)    a person solely employed in work directly related to–

        (i)    the exploration of the seabed or sub-soil or the exploitation of their natural resources;

        (ii)    the storage of gas in or under the seabed or the recovery of gas so stored;

        (iii)    the laying, inspection, testing, repair, alteration, renewal or removal of any submarine telegraph cable; or

        (iv)    pipeline work (including the assembling, inspection, testing, maintaining, adjusting, repairing, altering, renewing changing the position of, or dismantling pipe-lines or length of pipe-line);

        (v)    a person who is not employed by the owner or any person who is employing the master of the ship and is not engaged in the navigation of the ship in the deck, engine-room, radio, medical or catering department of that ship;

    (d)    a member of the Naval, Military or Air Forces when acting as such a member;

    (e)    a person employed in a port who is not ordinarily employed at sea; or

    (f)    a person employed in a ship solely to provide goods personal services or entertainment on board and who is not employed by the owner or the person employing the master of the ship and who has no emergency safety responsibilities.

9.    Production of a medical fitness certificate

    (1) No person required by Merchant Shipping Regulations to be the holder of a valid medical fitness certificate shall fail, except with reasonable excuse, to produce the certificate on demand to the owner or master of a ship on which the person serves or intends to serve, or to a surveyor.

    (2) If a seafarer on a foreign ship, who is required to hold a medical fitness certificate in a Tanzanian port cannot produce a valid medical fitness certificate and the conditions on board that ship are clearly hazardous to safety or health, appropriate measures, including detention of the ship, may be taken to rectify those conditions.

10.    Acceptable certificates

    An acceptable medical fitness certificate shall include–

    (a)    a certificate issued by an approved medical practitioner in accordance with the provisions of these Regulations;

    (b)    a certificate issued by the government of any country accepted by the International Maritime Organisation (IMO) as to fulfilling the organisation's regulations on Medical Standards.

11.    Application, issue and period of validity for medical fitness certificate

    (1) An application for a medical fitness certificate may be made to an approved medical practitioner by an individual seafarer or on the behalf of the seafarer by the actual or prospective employer.

    (2) The approved practitioner may require an appropriate payment from the seafarer for performing a medical examination for purposes of issuing a medical fitness certificate.

    (3) If the approved medical practitioner considers that the seafarer has met the Medical Standards, he shall issue a medical fitness certificate and such certificate may be restricted to specified capacity to sea service or geographical area as the approved medical practitioner considers appropriate.

    (4) A medical fitness certificate shall be valid for a period of two years from the date of issue.

    (5) A medical fitness certificate in respect of a person who on the date of issue was–

    (a)    less than eighteen years of age; or

    (b)    fifty five years of age or more shall be valid from the date of issue for a period of one year.

    (6) An approved medical practitioner may issue a valid certificate for a shorter period if the seafarers health so requires.

    (7) A person who is refused a medical fitness certificate may make a second application.

    (8) A seafarer who is the holder of a valid medical fitness certificate may at any time be required by the owner or master of a ship, or the Registrar of Ships, to obtain a new certificate in case of a result of illness, injury or other causes if it is believed that seafarer may no longer meet the standards specified in the Regulations.

12.    Review of valid certificate

    (1) If an approved medical practitioner has reasonable grounds for believing that–

    (a)    there is a significant change in the medical fitness of a seafarer during the period of validity of his medical fitness certificate;

    (b)    when the medical fitness certificate was issued an approved medical practitioner, had he been in possession of full details of the seafarer's conditions, could not reasonably have considered that the seafarer was fit, having regard to the medical standards, referred to in Regulation 6; or

    (c)    the medical fitness certificate was not issued otherwise than in accordance with these Regulations,

he shall notify the seafarer concerned and exercise his powers under these Regulations to demand the return of the medical certificate so as to–

    (i)    suspend its validity until the seafarer has undergone a further medical examination; or

    (ii)    suspend its validity for such period as he considers the seafarer will remain unfit to go to sea; or

    (iii)    cancel the certificate if he considers that the seafarer is likely to remain permanently unfit to go to sea.

    (2) In the event of cancellation, or suspension of a certificate for more than three months, the approved medical practitioner shall hand the seafarer concerned a notice of right of appeal form.

13.    Appeal procedure

    (1) An existing seafarer may appeal if he is aggrieved by–

    (a)    the refusal of an approved medical practitioner to issue him with a medical fitness certificate; or

    (b)    any restriction imposed on such a certificate; or

    (c)    the suspension for a period of more that three months or cancellation of that certificate by an approved medical practitioner.

    (2) For purposes of this regulation "An existing seafarer" means a person who has served at sea or who had held a valid medical fitness certificate preceding the refusal, imposition of a restriction, suspension or cancellation of the certificate.

    (3) If a seafarer wishes to exercise his right of appeal, he shall first seek independent medical advice, and if the seafarer decides to proceed with an appeal the application from which forms part of the notice of appeal and which includes an authority to the approved medical practitioner to release his report to the medical referee shall be completed and sent to the Government Department or Agency responsible for shipping.

    (4) An application for appeal shall be made within one month of the date of which the seafarer is given notice by the approved medical practitioner of refusal, restriction or suspension of certificate and shall be submitted free of charge to the Government Department or Agency which shall arrange for the appeal to be considered by a medical referee.

    (5) Where the applicant wishes to submit medical evidence in support of his application he shall send or cause to be sent such evidence to the medical referee before the appointment date.

    (6) The medical referee shall be required to take account of the report of the approved medical practitioner, who examined the seafarer and other medical evidence submitted to him and in reaching his decision he shall have regard to the Medical Standards.

    (7) The medical referee shall be required to make a decision within two months from the date on which the appeal was lodged with the Government department or agency.

14.    Certificate of competency

    Medical fitness certificates under these Regulations shall be accepted as evidence of medical fitness for officers seeking to revalidate their certificates of competency, provided that they are valid under Regulation 11(3) of these Regulations.

15.    Aids to vision or hearing

    A seafarer whose medical fitness certificate indicates that an aid to vision or hearing was used for the purpose of being found fit, must at all times when on duty on a ship use such aid or aids and, in the case of an aid to vision, keep a spare aid to vision available.

16.    Disposal in accordance with the medical, visual and hearing standard in Appendix 1

    (1) The following are the categories of standards needed to be met–

    (a)    A.    for unrestricted sea service;

            Note: Category A (T) may be used where a serving seafarer can be considered for all shipping traders, geographical areas, types of ships or jobs but where medical surveillance is required at intervals. The medical certificate shall be validated only for the appropriate period which will take into account the expected duration of the tour of duty;

    (b)    E.    for restricted service only.

    (2) The following are the categories standard which have to be met–

    B.    permanently;

    C.    indefinitely: review in six months;

    D.    temporarily: review in twelve weeks.

    (3) Approved medical practitioners shall make full use of the categories E, C and D before declaring a serving seafarer permanently unfit.

    (4) The shipowner or master shall ensure that the category recommended by the approved medical practitioner is taken fully into account when the engagement or the continued employment of a seafarer is under consideration.

SCHEDULE

APPENDIX 1
GUIDELINES FOR THE MEDICAL EXAMINATION OF SEAFARERS

PART I
SEAFARING AND MEDICAL FITNESS

1.    Introduction

    The Merchant Shipping (Medical Examination) Regulations, 2001 shall be administered by the Ministry of Communications and Transport. The Regulations make provision for the issue of Medical Fitness Certificates for duty at sea of seafarers (masters, mates, engineers and ratings).

    These guidelines have been compiled for the use of Approved Medical Practitioners who are assessing an individual's fitness to work at sea. The Medical fitness standards have been developed in relation to the basic job task analysis in Schedule under Appendix 2. An employing company may have more stringent guidelines developed by its own occupational physician. Such guidelines will depend on the nature of the jobs and any specific equipment operated. Where such guidelines exist, they should be followed. While the final judgement on whether or not an applicant is fit to work in a particular job at the sea rests with the Approved Medical Practitioner, these guidelines draw attention to those conditions that have the potential to present a high level of risk in some circumstances.

    1.1 Why fitness

    1.1.1. Employers have a duty to provide a safe work environment and protect the health, safety and welfare of employees. Employees similarly have a duty of care for their own safety and that of the people they work with and the community. Medical assessment of fitness is one aspect of meeting this duty of care.

    1.1.2 The primary objectives of a medical assessment of fitness for duty of sea are:

        *    To ensure that individuals are fit to perform the essential tasks of their job at the sea effectively; and

        *    to anticipate and, where possible, prevent the avoidable occurrence of ill-health offshore which could place individuals, their colleagues and emergency personnel at risk.

    1.1.3 Medical conditions may impinge on work in the following areas:

    (a)    The condition may limit, reduce or prevent an individual from performing the job effectively for example loss of mobility and dexterity making engine room work and other maintenance tasks difficult;

    (b)    the condition may be made worse by the job, for example, an asthmatic when exposed to allergens on a grain ship;

    (c)    the condition may make it unsafe for the person to do the job, for example, liability to sudden loss of consciousness whilst transferring from a smaller vessel to a large vessel by climbing a rope ladder;

    (d)    the condition is likely to make it unsafe both for the individual and other crew a ships crane operator liable to sudden loss of consciousness; catering crew with infectious hepatitis or gastroenteritis;

    (e)    the condition is likely to make it unsafe for other shipping, for example, where master or mate is at risk of sudden loss of consciousness due to a cardiac arrhythmia;

    (f)    the condition, if it worsens, is one which will require emergency evacuation for medical treatment such as gastric ulcer haemorrhage.

    1.2 Working environment for seafarers

    1.2.1 Approved Medical Practitioners should bear in mind the aspects of seafaring life, listed below, when assessing fitness for duty at sea.

    1.2.2 As ships often operate far offshore or in inaccessible areas, it is often difficult to replace seafarers who become injured or ill. Many ships have only the minimal number of persons on board necessary to operate the ship; thus the incapacitation of even one seafarer may place a substantial additional burden on his shipmates.

    1.2.3 Ships' officers generally receive basic first aid and other medical training, and ships are usually equipped with basic medical supplies. Nevertheless, it is often quite difficult to transport sick or injured seafarers ashore where they can be treated by qualified physicians. In some geographical areas, the closest medical care ashore may be well below the standard of the seafarer's home country. It is therefore inadvisable and often unsafe to allow persons with certain medical conditions to become seafarers or to return to seagoing employment.

    1.2.4 Seafarers live close to each other at the sea, often for long periods. Contagious diseases therefore may be a serious threat, endangering not only the health of other seafarers but also the safety of the ship and passengers. It is particularly important that seafarers concerned with the preparation of food do not suffer from diseases which may be transmitted to others through their work.

    1.2.5 Seafarers should be medically fit to perform their normal duties correctly and to be able to respond to emergency situations, for example, fighting fires, lowering lifeboats or assisting passengers.

    1.2.6 Seafarers should be able to adjust to the often violent motions of the ship, live and work in sometimes cramped spaces, climb ladders, lift heavy weights and to withstand exposure to harsh weather conditions on deck or excessive heat in the machinery spaces. They should not suffer from conditions which are exacerbated by sea travel.

    1.2.7 Seafarers should be able to live and work closely with the same people for weeks and perhaps months on end and under occasionally stressful conditions. They should be capable of dealing effectively with isolation from family and friends and, in some cases, from persons of their own cultural background.

    1.2.8 Shipping operations and shipboard duties vary substantially. For a fuller understanding of physical demands of particular categories of work on board ship, the Approved Medical Practitioner should consult the employer.

2.    Procedures

    2.1 Frequency of health assessments

    2.1.1 All seafarers shall be assessed as to medical fitness for duties at sea as follows–

    (a)    for seafarers less than 18 years of age, annually;

    (b)    for seafarers between 18 and 54 years of age, twice-yearly;

    (c)    for seafarers aged 55 years and above, annually with resting ECG (stress ECG, if in safety critical job and clinically indicated);

    (d)    if there is a change in the medical condition of the employee;

    (e)    after prolonged sickness leading to absence of three months or more due to injury or illness.

    2.2 Information which goes to the Ministry and the seafarer confidentiality

    2.2.1 The Ministry and the applicant or seafarer shall receive a copy of Medical Fitness Certificate.

    2.2.2 The Approved Medical Practitioner shall keep all the medical examination forms, including results of investigations in a confidential file, for a period of least thirty years and such information shall not to be released to any person, agency or employer except as required by law.

    2.3 Health assessment outcomes

    2.3.1 An applicant or seafarer is either fit for the intended duties at sea or unfit.

    2.3.2 The applicant or seafarer declared unfit may be temporarily or permanently unfit or may be fit for duties other than the intended duties.

    2.3.3 If temporarily unfit, the Approved Medical Practitioner shall specify a minimum period after which the assessment can be reviewed.

3.    Forms

    3.1 Form for Medical Fitness Certificate

    The form of the Medical Fitness Certificate is prescribed as Form 1 in Appendix 3 to these Regulations, 2001. Other forms that may be found useful are also attached herein.

PART II
MEDICAL STANDARDS

I.    Overview

    1. This section provides information and guidance on medical conditions which may affect individuals in the safe performance of their duties at sea.

    2. The medical standards attempt to be specific. The standards cannot cover every clinical situation and the Approved Medical Practitioner should exercise judgement in relation to the key objective - maintaining safety. For example, could the condition cause sudden loss of control of a ship, or sudden loss of consciousness when working at heights, or interfere with the performance of emergency duties?

    3. Approved Medical Practitioners should make a comprehensive medical assessment of overall health in the knowledge that errors or omissions of a critical task in some jobs can lead to serious consequences in terms of human health and life, environmental impact or major property loss.

    4. The critical time needed for treatment or access to appropriate land-based care is also a consideration when determining fitness.

    5. Approved Medical Practitioners should consider what medical conditions could increase the probability of poor performance of critical tasks, and the probability and severity of the consequences when determining "Is the applicant medically fit for duty at sea?"

II.    Infectious diseases

    Gastro - Intestinal Infectious Diseases - D until satisfactorily treated. Special care should be taken in respect of catering staff.

    Other Infectious or Contagious Diseases - D until satisfactorily treated.

    Active Pulmonary Tuberculosis

    When the examining doctor is satisfied, on the advice of a chest physician, that the lesion is fully healed and that the patient has completed a full course of chemotherapy, then re-entry should be considered. In such cases, Category "A(T)" would be appropriate initially to allow for adequate surveillance.

Cases where either one or both lungs have been seriously affected are rarely suitable for re-employment. All relapsed cases should be B.

    Sexually Transmissible Diseases

    All cases of acute infection are D while under treatment. Cases under surveillance having finished treatment will usually be fit for normal service but restricted service may be necessary if facilities for supervision are inadequate. In all cases evidence of satisfactory tests of cure should be produced.

    AIDS - All confirmed cases - B.

III.    Malignant Neoplasms

    Malignant Neoplasms - including Lymphoma, Leukaemia and similar conditions.

    Each case should be graded C on diagnosis. Later progression to Categories A, A (T), E or B should be dependent on assessment of progress, prognosis, measure of disability and the need for surveillance following treatment. No unrestricted A grading should be given within 5 years of completion of treatment, except in cases of skin cancer.

IV.    Endocrine and Metabolic Diseases

    (1) Thyroid disease

    Serving seafarers developing thyroid disease - D for investigation, then A. A (T), E or B on case assessment.

    (2) All other cases of endocrine disease in serving seafarers - D for investigation, upon which assessment will depend.

    (3) Diabetes Mellitus–

    (a)    All cases requiring Insulin - B.

    (b)    Serving seafarers whose diabetes is controlled by food restriction: an initial period of 6 months should be allowed to achieve stabilisation - C.

        Thereafter, to be subject to medical review at appropriate intervals. The current treatment regimen should be confirmed with the general practitioner at each review A(T).

    (c)    Serving seafarers requiring oral hypoglycaemic agents: an initial period of six months should be allowed to achieve stabilisation - C. Thereafter, in the absence of any complications, service may be considered subject to six monthly medical reviews and assessment for suitable job and sea trade. A(T) on case assessment.

    (4) Obesity

    A degree of obesity, with or without complications, adversely affecting exercise tolerance, mobility or general health - D for treatment.

    Refractory or relapsing cases - B.

    Note: a standard set of height or weight tables (preferably the Metropolitan Life tables) should be used - making an allowance of up to 25 percent excess weight.

V.    Diseases of the Blood and Blood forming organs

    There should not be any significant disease of the haemopoetic system. Unexplained or symptomatic anaemia - D. Then A, (T), E or B on case assessment.

VI.    Mental Disorders

    (1) Acute Psychosis, whether organic, schizophrenic, manic depressive or any other psychosis listed in the International Classification of Diseases - B.

    (2) Alcohol Abuse (Dependency)

    If persistent and affecting health by causing physical or behavioural disorder - B.

    (3) Drug Dependence

    A history of abuse of drugs or substances within the last five years - B.

    (4) Psychoneurosis - D for assessment.

    Chronic or recurrent - B.

VII.    Diseases of the Nervous System and Sense Organs

    (1) Organic Nervous Disease - Usually B. especially those conditions causing defect of muscular power, balance, mobility and co-ordination.

    Some minor localised disorders not causing symptoms of incapacity and unlikely to progress, may be A.

    (2) Epilepsy–

    (a)    Any type of epilepsy since the age of five years - B.

    (b)    A single fit in a serving seafarer - D for investigation. Then, providing that the past medical history is clear and investigation has shown no abnormality; re-entry can be considered after one year without treatment or after one year following the cessation of treatment.

    (c)    A serving seafarer - not directly involved with the safety of the ship or of any passenger - with established epilepsy controlled, without fits, for a minimum period of two years, may be considered for service on a vessel carrying a medical officer - E.

    (d)    Serving seafarer who have had cranial surgery or significant traumatic brain damage - C for twelve months - then A, B or E on case assessment.

    (3) Migraine - Slight infrequent attacks responding quickly to treatment - A. Frequent attacks causing incapacity - B.

    (4) Syncope and Other Disturbances of Consciousness - D for assessment. Recurrent attacks with complete or partial loss of consciousness should be B.

    (5) Meniere's Disease - B.

    (6) Speech defects - If likely to interfere with communication - B.

    (7) Ear–

    (a)    Acute and Chronic Otitis External - D. Should be completely healed before returning to sea. Care is required in passing fit for tropics.

    (b)    Acute Otitis Media - D. Until satisfactorily treated.

    (c)    Chronic Otitits Media - D. May become A or E after satisfactory treatment or surgery. Special care is required in passing fit for tropics, where air travel is required or if the job involves food handling.

    (d)    Loss of Hearing - A degree of impairment sufficient to interfere with communication - B.

    (e)    Unilateral Complete Loss of Hearing in serving seafarers–

        (i)    assessment of this condition should be considered in relation to the job;

        (ii)    a serving seafarer in whom impaired hearing acuity is found should be referred for full investigation by an ENT surgeon.

    (f)    Hearing Aids–

        (i)    The use of a satisfactory hearing aid at work by certain catering department personnel could be considered where not hearing an instruction would not result in a danger to the seafarer or others. The hearing aid should be sufficiently effective to allow communication at normal conversational tones.

        (ii)    The use of hearing aids by those working in, or associated with, the deck or engine room department, including electricians and radio officers, should not be permitted.

VIII.    Cardiovascular System

    The Cardiovascular system should be free from acute or chronic disease causing significant disability.

    (1) Valvular disease–

        (i)    causing significant impairment or having required surgery - B.

        (ii)    satisfactorily treated patent ductus arteriosus or atrial septal defect could be accepted.

    (2) Hypertension–

    (a)    All cases D for investigation.

    (b)    Serving seafarers whose blood pressure can be maintained below 170/100 mm by ant hypertension therapy without significant side effect - A (T) to allow for health surveillance and to ensure that arrangements have been made for continuation of treatment.

    (c)    All other cases - B.

    (3) Ischaemic heart disease–

    (a)    A history of Coronary Thrombosis - B.

    (b)    Confirmed Angina - B.

    (4) Other cardiovascular disorders

    Any clinically significant abnormality of rate or rhythm or disorder of conduction - B.

    (5) Cerebro-vascular diseases–

    (a)    Any cerebro-vascular accident including transient ischaemic attacks - B.

    (b)    General cerebral arteriosclerosis: including dementia and senility - B.

    (6) Diseases of Arteries

    A history of intermitted claudication: including any case where vascular surgery was required - B.

    (7) Disease of Veins–

    (a)    Varicose Veins–

        (i)    slight degree - A;

        (ii)    moderate degree without symptoms or oedema may be A, but with symptoms D for treatment;

        (iii)    recurrent after operation, with symptoms C;

        (iv)    for further surgical operation or, if not suitable for further treatment - B.

    (b)    Chronic varicose ulceration - B.

        Thin unhealthy scars of healed ulcers or unhealthy skin of varicose eczema - B.

        Recurrent or persistent deep vein thrombosis or thrombophlebitis - B.

    (c)    Haemorrhoids - not prolapsed, bleeding or causing symptoms - A. Other cases should be D until satisfactory treatment has been obtained.

    (d)    Varicocoele - Symptomless - A. With symptoms - D or Surgical opinion.

IX.    Respiratory System

    The respiratory system should be free from acute or chronic disease causing significant disability.

    (1) Acute Sinusitis - D. Until resolved.

    (2) Chronic Sinusitis - If disabling and frequently relapsing despite treatment - B .

    (3) Nasal Obstruction–

        (i)    Septal abnormality or polyps - D.

        (ii)    Until satisfactorily treated.

    A history of frequent sore throats or unhealthy tonsils with adenitis - D. Until satisfactorily treated.

    (4) Chronic Bronchitis and/or Emphysema - Class depends on severity. Mild uncomplicated cases with good exercise tolerance may be A, but cases with recurring illness causing significant disability in relation to the job should be B.

    (5) Bronchial Asthma - D for investigation. If confirmed - B.

    Except for a history of bronchial asthma resolving, without recurrences, before the age of 16.

    (6) Occupational Asthma - E to avoid the allergy.

    (7) Pneumothorax

    All cases to be classified C for at least twelve months. With recurrences - B.

X.    Disease of the Digestive System

(1) Diseases of the Oral Cavity–

    (a)    Mouth or gum infection - D until satisfactorily treated.

    (b)    Dental defects - D until satisfactorily treated. Seafarers should be dentally fit.

    (2) Diseases of the Oesophagus, Stomach and Duodenum–

    (a)    Peptic Ulceration - D for investigation.

        (i)    Cases of proven ulceration should not return to seafaring until they are free from symptoms. The seafarer should have been on ordinary diet, without treatment, for at least three months - A (T).

        (ii)    Where there has been gastro-intestinal bleeding, perforation or recurrent peptic ulceration (in spite of maintenance H2 blocker treatment) or an unsatisfactory operation result - normally B.

    (b)    Recurrent attacks of Appendicitis - D pending surgical removal.

    (c)    Hernia - D until repaired.

    (d)    Diaphragmatic Hernia - To be assessed according to the disability.

    (e)    Non-Infective Enteritis and Colitis.

        Severe or recurrent or requiring special diet - B.

    (f)    Intestinal Stoma - B.

    (3) Diseases of the Liver and Pancreas–

    (a)    Cirrhosis of the liver - D for investigation, then where condition is serious or progressive or where complications such as oesophageal varices or ascites are present - B.

    (b)    Biliary Track Diseases.

        After complete surgical cure - A or A(T) on case assessment.

    (c)    Pancreatitis.

        Recurrent pancreatitis and all cases where alcohol is an aetiological factor - B.

XI.    Diseases of the Genito-Urinary Tract

    (1) All cases of proteinuria, glycosuria or other urinary abnormalities should be referred for investigation–

    (a)    Acute Nephritis - D until resolved.

    (b)    Subacute or Chronic Nephritis or Nephrosis–

        (i)    D for investigation.

        (ii)    E or B on case assessment.

    (2) Infections of kidney–

    (a)    Acute urinary infection–

        (i)    D until satisfactorily treated.

        (ii)    Recurrent cases - B unless full investigation has proved satisfactory.

    (b)    Renal or Ureteric Calculus–

        (i)    D for investigation and any necessary treatment.

        (ii)    An isolated attack of renal colic with passage of small calculus may be A after a period of observation, provided urine and renal function remain normal and there is no clinical and radiological evidence of other calculi.

        (iii)    Recurrent stone formation - B.

    (c)    Urinary Obstruction - from any cause - D for investigation, B if not remediable.

    (d)    Removal of Kidney - in serving seafarers, provided the remaining kidney is healthy with normal function - A(T). Such cases may be unsuitable for service in the tropics or other conditions of high temperature - E.

    (e)    Renal Transplant - B.

    (f)    Incontinence or Urine - D for investigation. If irremediable - B.

    (g)    Enlarged Prostate - D for investigation.

    (h)    Hydrocoele–

        (i)    Small and symptomless - A.

        (ii)    Large or recurrent D or, if untreated, B.

    (i)    Abnormality of the Primary and Secondary Sexual Characteristics–

        D for investigation, upon which final assessment will rest.

    (3) Gynaecological Conditions

    There should be no gynaecological disorder or disease such as heavy vaginal bleeding, lower abdominal pain or prolapse of the genital organs likely to cause trouble on the voyage or affect working capacity.

XII.    Pregnancy

    The doctor should discuss with the seafarer the implications of continuing to work at sea, particularly if it is a first pregnancy.

    A seafarer with normal pregnancy before the 28th week may be permitted to work on short haul trips or a long haul trip on a vessel carrying a doctor - E to allow for antenatal care.

    Employment shall not be permitted after the 28th week of pregnancy until at least six weeks after delivery.

    Abnormal Pregnancy, on diagnosis - C.

XIII.    Skin

    Special care is required in passing fit for service in the tropics if there is a history of skin trouble. Catering staff in particular should have no focus on skin sepsis.

    Any condition liable to be aggravated by heat, sea, air, oil, caustics or detergents - or due to specific occupational allergens may be A(T), B, C, D or E on case assessment.

    (1) Infections of Skin–

    (a)    Infections of Skin - D until satisfactorily treated.

    (b)    Acne - Most cases A but severe pustular cystic acne - B.

    (2) Other Inflammatory Skin Conditions–

    (a)    Atopic Dermatitis and related conditions - D until satisfactorily treated.

    (b)    Contact Dermatitis - D. Refer for dermatological opinion.

    (c)    Acute Eczema - D. No seafarer should return to duty until skin is healthy.

        Recurrent Eczema of more than minimum extent - B.

    (d)    Psoriasis - Most cases can be A, but some widespread or ulcerates cases should be D for treatment. Severe cases resistant to treatment, frequently relapsing or associated with joint disease - B.

XIV.    Musculo-Skeletal System

    It is essential that seafarers should not have defect of the musculo-skeletal system which might interfere with the discharge of their duties; muscular power, balance, mobility and co-ordination should be unimpaired.

    (1) Osteo-arthritis - D for assessment.

    Advanced cases where disability is present - B.

    Normally a limb prosthesis would not be acceptable.

    (2) Back pain

    Recurrent incapacitating back pain - B.

    (3) Eyesight Standards–

    1.    No person should be accepted for training or sea service if any irremediable morbid condition of either eye, or the lids of either eye, is present and liable to the risk of aggravation or recurrence.

    2.    Binocular vision is necessary for all categories of seafarers. However, the following monocular seafarers should be allowed to continue at sea–

        (a)    Seafarers in deck department employment with a satisfactory record of service prior to 1st August, 1998 and not requiring visual aids;>

        (b)    Seafarers in non-deck employment with a satisfactory record of service prior to 1st August, 1998.>

    3.    In all cases where visual aids (spectacles or contact lenses) are required for the efficient performance of duties, a spare pair must be carried when seafaring.

        Where different visual aids are used for distant and near vision a spare pair of each must be carried.

    4.    The distant vision standard for the watch keeping deck department personnel is identical to the requirements of the letter test for applicants to enter the examination for a certificate of competency.

    5.    The method of testing vision is by using a colour vision test where another method is used and results differ, the colour vision test method result is accepted as dominant.

    6.    Colour vision for deck officers and ratings may be regarded as normal, when using the Ishihara method, if plates 1, 11, 15, 22 and 23 are read correctly.

    7.    A seafarer, with a record of efficient service, who is required to pass the modified colour vision test but fails should be given the opportunity to pass a suitable trade test.

TABLE 1: VISUAL STANDARDS

CONDUCT OF THE TESTS

    1. A sight test comprises a letter and a colour vision test taken in that order. The tests will be conducted under the strict personal supervision of a Sight Test Examiner who will keep a record of all mistakes made by the candidate both in the letter test and in the lantern test.

    2. Every candidate seeking admission to an examination for a first certificate of competency as a deck officer in the Merchant Navy or Fishing fleets must hold a sight test certificate showing that he has passed in both letter and lantern tests within the six months period preceding the date of the examination. For certificates of competency subsequent to the first a sight test certificate fulfilling the conditions in respect of the letter test only will be required.

    3. Candidates are cautioned that, when taking the lantern test, they should not attempt to hurry. They should satisfy themselves as to the colours of the lights shown before reporting them to the Examiner. The result of the test can only be judged by what the candidate reports; carelessness may cause failure and thus prevent the candidate from taking up a chosen career at sea.

    4. Candidates should be in good health when taking the test otherwise then vision may be impaired.

    5. Candidates other, than New Entrants may take the sight test with or without aids (conventional spectacles or contact) their option but candidates who opt to use aids for the letter or lantern or both must additionally reach a minimum standards in each eye without aids.

A.    LETTER TEST

1.    Conduct of letter test

    (a) The letter test is conducted by means of sheets of letters viewed indirectly at a distance of 6 metres from the eye. Each sheet contains 7 lines, the 3rd, 4th, 5th and 7th lines corresponding to standard 6/24, 6/18, 6/12, 6/9 and 6/6 respectively.

    (b) Candidates will be tested in each eye separately.

2.    Standard of vision required

    (a) A candidate who opt to take the test without aids will be required to read correctly down to and including line 7 with the better eye and down to and including line 6 with the other eye.

    (b) A candidate who opts to take the test using aids must first take the test without aids when he or she will be required to read correctly down to and including line 5 with the better eye and line 3 with the other eye. That candidate will then be tested with aids and will be required to read correctly down to and including line 6 with the other eye.

3.    Method of testing

    (a) The test sheets and the means of illumination are in accordance with BS 4274-1960 and are placed so that the centre of each sheet as viewed is at the height of eye of the average person in a sitting position. When the candidate is sitting in the correct position one of the sheets will be exposed and he will be asked to read the letters from left to right beginning at the top and going downwards.

    (b) If with aids or without aids or in both cases the candidates fails to reach the required standards an additional sheet will be given for each eye in that part or parts of the test in which he has failed.

    (c) If at the conclusion of the letter test the candidate is considered to have reached the required standard he will then proceed to the lantern test unless he holds a certificate of competency for which a lantern test recognised by the Government department or agency responsible for shipping should have been a condition for its issue.

    (d) If at the conclusion of the letter test the candidate is considered not to have reached the required standard: the examination will be broken off and may be taken on payment of a further fee after a period of not less than one month and a certificate of failure will be issued.

    (e) Failure to pass the letter test is due to a defect in vision which is sometimes curable. Whenever, therefore, a candidate fails to pass this test he will be advised to consult an ophthalmologist with a view to ascertaining the nature of the defect and whether it is curable.

B.    COLOUR VISION TEST

1.    Tests

1.1    The Ishihara pseudoisochromatic tests should be used to screen seafarers in the deck and engine departments for colour vision impairment. If the tests indicate impaired colour vision, further testing should be carried out.

1.2    In the case of persons in the deck department who are required to keep watches, the further test should use the Holmes-Wright Type B lantern test. This test may be conducted by some ophthalmologists in various hospitals.

1.3    In the case of persons in the engine department whose duties may include making electrical connections, the further test should be the UK Electricity Supply Industry Colour vision Trade Test.

2.    Ishihara Test

2.1    The Ishihara pseudoisochromatic tests (using either the full set of 38 plates or the abridged version of 24 plates) should be used.

2.2    A satisfactory response on all plates on the first showing, or a single wrong response on first showing which is corrected on a second or third showing, should be considered to indicate "Normal" colour vision. If the tests indicate impaired colour vision, further testing should be carried out.

3.    Holmes Wright Type B Lantern Test

3.1    The lantern test is a practical test of a person's ability, in conditions simulated to represent a watch keeping situation, to recognise and discriminate between navigation lights used at sea.

3.2    A lantern test is conducted by means of a Holmes/Wright type B lantern, which projects red, green and white lights viewed indirectly through a polished mirror at a virtual distance of 6 metres from the eyes. The large aperture of the lantern projects one coloured light at a time and the small apertures project 2 coloured lights side by side at a time. Each full circuit of the lantern contains 9 settings of single large aperture or 9 settings of small apertures. The small apertures of the lantern show any combination of 2 of the 3 colours.

3.3    A person who uses an aid to vision for a letter test is required to use the same aid to vision in the lantern test.

3.4    A person who does not use an aid to vision for a letter test is not permitted to use an aid to vision in the lantern test.

3.5    A person undergoing the lantern test must not wear a tinted aid to vision for the purpose of passing the test.

3.6    The lantern test must be conducted in a room from which daylight is excluded.

3.7    A person who requires to adapt to conditions of darkness is to be allowed up to 10 minutes complete or partial darkness in preparation for the lantern test.

3.8    A person is considered to have passed the lantern test if he correctly names the colours of one full circuit of large apertures, 4 full circuit of small apertures shown in sequence, and 9 sets of small apertures shown at random.

3.9    The procedures specified in 3.10 to 3.16 should be followed if a person undertaking the lantern test fails to achieve a pass in accordance with 3.8.

3.10    At the first mistake in naming a colour correctly, the examiner must inform the person being tested of the mistake and continue the test, adding a further circuit.

3.11    If no further mistake is made in the test and the further circuit, the person being tested will be considered to have passed.

3.12    If a second mistake is made, the procedure under 3.10 and 3.11 of this section is to be repeated.

3.13    If a third mistake is made, the test is to be repeated from the start after the person being tested has been given the opportunity to rest his eyes or regain composure.

3.14    In repeating the test under 3.13, the examiner is to record the result but not inform the person being tested of mistakes being made.

3.15    A person who in the repeated test under 3.13. correctly names all colours in accordance with 3.8 will be considered to have passed.

3.16    A mistake of red for green or green for red in the repeated test under 3.13 means failure of the lantern test.

3.17    A person who has failed the lantern test may request a further test.

4    Colour Vision Trade Test

4.1    When mistakes are made on the Ishihara pseudoisochromatic plates, this test should be used.

4.2    The applicant should sit opposite the Approved Medical Practitioner in good natural light. One at a time, each of the coloured wires should be placed in front of the applicant on a flat surface. The applicant should be asked to identify the colour of the wire. Slowness in answering indicates difficulties. Care must be taken that the applicant cannot compare the colour of one wire with others.

4.3    Applicants who wrongly identify a colour should be given an individual wire. The candidate should be asked to indicate when there is a match. All nine colours should be tested in this way.

4.4    Failure to find a correct match shows unreliable colour vision.

4.5    Matching colours correctly but wrongly identifying them singly, means mistakes will be made in identifying certain colours without comparing them with others.

4.6    The apparatus required is:

•     One centimetre of coloured plastic covered wire is exposed on a white card housed in a photographic colour transparency slide, size 5 (5 cm), with a viewing window of 3.5 (2.5 cm). Two complete sets of colours are made up (18 slides), these being housed in a slide magazine.

•     For matching purposes 9 individual wires are to be available, one in each colour, each 2.5 cm long.

•     Nine colours are to be used: white, black, yellow, red, grey, blue, orange, green and brown.

•     All wires used should have the same diameter, which should be in the range 0.8 to 1.1 mm. Wire of 0.89 mm diameter is preferred, if available.

HEARING STANDARD

1.    Hearing is required for communication by radio, by telephone or person to person and therefore the critical frequencies are in the speech range 500 to 2,000 Hz. Hearing loss should be checked throughout the range of 500 to 3,000 Hz using a pure lone audio meter.

2.    The speech must be reasonably clear and free of stutter and hesitation sufficient to use radios and communicate on deck. Those using cranes must be able to hear whistle signals where these are used.

TABLE 2: MINIMUM STANDARDS OF HEARING FOR DECK AND ENGINE DEPARTMENTS

3.    If hearing loss is 40dB or more at the frequencies specified in Table 2, ability to use a radio will need to be demonstrated. In these circumstances the applicant must pass a conversation test.

The conduct of the conversation test

4.    The following is a recommended procedure for conduct of a conversation test.

5.    The test should be conducted in a quiet room with a stable background noise level. Hearing aids should be worn if normally used at work or in retesting following their fitting.

6.    The examiner should face the subject and address him from a distance of three metres for normal speech.

7.    The subject's eyes should be closed or covered to prevent lip reading.

8.    A normal conversation vocal volume should be used.

9.    The test material should be a mixture of alphabetical letters and numerals in any order, not exceeding a total of three in any one phrase, e.g. 6Y3, 2N4, S5G, 7BI.

10.    Ten combinations should be used, each preceded by the carrier phrase "PLEASE SAY".

11.    The subject should repeat what was thought to be heard. If uncertain guessing is encouraged.

12.    Six or more combinations should be repeated without error to be considered satisfactory.

13.    Applicants who do not pass this test should be referred for further assessment of functional hearing and speech discrimination by an audiologist.

14.    A functional hearing loss sufficient to interfere with communication or to impede safety (e.g. hearing audible warning devices) presents a high risk.

FORMS

Recommended forms are as follows:

•     Medical Examination Request Form

•     Medical Examination Questionnaire

•     Approved Medical Practitioner's Report

Medical Examination Request Form

Medical Examination Request: Work environment

Medical Examination Questionnaire

Approved Medical Practitioner's Report