CHAPTER 166
TANZANIA HARBOURS AUTHORITY ACT

[SUBSIDIARY LEGISLATION]

INDEX TO SUBSIDIARY LEGISLATION

   REGULATIONS

      The Tanzania Harbours Regulations

REGULATIONS

THE TANZANIA HARBOURS REGULATIONS

ARRANGEMENT OF REGULATIONS

   Regulation

Title

PART I
PRELIMINARY PROVISIONS

   1.   Citation.

   2.   Interpretation.

PART II
PILOTAGE

   3.   Compulsory pilotage.

   4.   Certificate of exemption from compulsory pilotage.

   5.   Ship's speed when embarking pilot.

   6.   Pilotage at Dar-es-Salaam.

   7.   Pilotage at Tanga and Mtwara.

   8.   Approach and boarding of pilot.

   9.   Signals to be shown by exempted vessel.

   10.   Pilots to be duly appointed.

   11.   Emergency pilots.

   12.   Qualifications of pilots.

   13.   Pilot flag.

   14.   Exempted ship to occupy assigned berth.

   15.   Removal of ships anchored in inner harbour areas and fairways.

PART III
SHIPS - REPORTS, MOVEMENTS AND BERTHING

   16.   Notification of expected arrival of ships.

   17.   Ship's signals on entering.

   18.   Shipping returns.

   19.   Precautions to be observed when entering and leaving Dar-es-Salaam and Tanga Harbours; no details provided on Mtwara.

   20.   Precautions to be observed when entering Dar-es-Salaam, Tanga, Mtwara and Kilwa Harbours.

   21.   Precautions to be observed when leaving Dar-es-Salaam, Mtwara, Tanga or Kilwa Harbours.

   22.   Speed in harbour.

   23.   Due notice of ship's departure to be given.

   24.   Anchors to be in readiness.

   25.   Port Health Officer.

   26.   Immigration formalities.

   27.   Customs formalities.

   28.   Master to deliver particulars of the ship.

   29.   Master responsible for erroneous report.

   30.   Ship's tonnage - how determined.

   31.   Anchorage for traditional vessels at Dar-es-Salaam.

   32.   Anchorage for traditional vessels at Tanga.

   33.   Anchorage for traditional vessels at Mafia.

   34.   Anchorage for traditional vessels at Kilwa Kisiwani.

   35.   Anchorage for traditional vessels at Lindi.

   36.   Anchorage for traditional vessels at Mtwara.

   37.   Ships to be in harbour in trim and crews in readiness.

   38.   Ships to be kept fit to be removed.

   39.   Management to assign berths and control berthing.

   40.   Unseaworthy ships may be detained.

   41.   Berths not to be changed without authority of management.

   42.   Ship's mooring.

   43.   Lights on ship and collision regulations.

   44.   Watch to be kept aboard.

   45.   Liability for damage in harbours.

   46.   Towage and other facilities.

   47.   Erection of leading marks, laying of buoys and fees for private mooring buoy.

PART IV
WORKING OF SHIPS

   48.   Manifest of cargo.

   49.   List of heavy lifts.

   50.   Conditions of working ships.

   51.   Customs.

   52.   Hatches to be opened ready for work.

   53.   Master to superintend loading or discharge.

   54.   Ships to be worked with reasonable despatch.

   55.   Normal and overtime work.

   56.   Receipts for cargo and delivery.

   57.   Payment of dues, rates and charges.

   58.   When cargo considered delivered to the Authority.

   59.   When cargo considered shipped.

   60.   Cranes or transporters.

PART V
SHIPS - GENERAL

   61.   Fire on ships.

   62.   Sanitary arrangements in harbour.

   63.   Ships to be open for inspection.

   64.   Working of lighters.

   65.   Boarding or leaving ships.

   66.   Refuse not to be deposited in a harbour.

   67.   No timber allowed to float in a harbour.

   68.   Removal of ships having offensive matter on board.

   69.   Offensive cargo.

   70.   Smoking on ships carrying inflammable cargo.

   71.   Protection of hatchways.

   72.   Ships laden with coal.

   73.   Fumigation.

   74.   Repairs to ships.

   75.   Restriction on use of flame apparatus in harbour.

   76.   No boat, ship's gear may be placed on wharf.

   77.   Beaching ships within a harbour.

   78.   Pitch and other combustibles may not be boiled on board ship.

   79.   Explosives may not be used or guns fired.

   80.   Ships not to be turned by use of engines while at buoy.

   81.   Propellers may not be turned in a harbour without previous warning.

   82.   Displaced mooring or mark to be reported.

   83.   Submarine cables.

   84.   Crews of ships to take lines.

   85.   Animals.

PART VI
SMALL CRAFT

   86.   Small craft to give way.

   87.   President's Pier at Dar-es-Salaam.

   88.   Row boats to give way to sailing boats.

   89.   Small craft to carry lights.

   90.   Approaches to wharves, landing places and ship's ladders to be kept clear.

   91.   Mooring of small craft and traditional vessels.

   92.   Beaching for repairs of small craft or traditional vessels.

   93.   Small craft sunk in harbour to be reported.

   94.   Craft not to leave harbour limits.

   95.   Boats not to go alongside ships underway.

   96.   Passengers and goods to be landed at place appointed.

   97.   Small craft to be licensed.

   98.   Small craft to be registered or licensed before operating licence is granted by management.

   99.   Pleasure craft.

   100.   Duration of licence.

   101.   Renewal of certificate.

   102.   Transfer of licensed craft.

   103.   Persons carried not to exceed authorised number.

   104.   Unclaimed property to be taken to Customs House.

   105.   Expired licence to be returned.

   106.   Life-saving and fire-extinguishing apparatus.

   107.   When holder of licence to cease to use craft.

   108.   Penalty for non-observance of notice.

   109.   Licensed craft to be numbered and registered.

   110.   Person in charge to be capable.

   111.   Licensed craft to occupy assigned berths.

   112.   Charges.

   113.   Persons in charge of boats plying for hire may not refuse engagement.

   114.   Registration of boat crew.

   115.   Boats licensed to carry passengers to take day or night duty as ordered.

   116.   Control of small craft.

   117.   Quantity of luggage that may be carried.

   118.   Safety valves.

   119.   Liability of Authority.

   120.   Small craft prohibited from conveying liquor to ship's crew.

   121.   Penalty for breach of small craft rules.

   122.   Suspension of licence for misconduct.

PART VII
HARBOUR CRAFT MASTER'S AND ENGINEER'S LICENCE

   123.   Staff harbour craft.

   124.   Harbour craft Master's licence.

   125.   Harbour craft engineer's licence.

   126.   Examination for licence.

   127.   Licence in duplicate.

   128.   Licence to be produced on demand.

   129.   Inquiries by management.

   130.   Cancellation or suspension of licence.

   131.   Failure in examination.

PART VIII
DANGEROUS GOODS OR EXPLOSIVES

   132.   Master or agent to give notice of dangerous or inflammable goods on board.

   133.   Loading and stowage of dangerous or inflammable goods.

   134.   Warships and transports.

   135.   Exemptions.

   136.   Berthing of ships carrying explosives.

   137.   Bunkering of ships carrying explosives.

   138.   Discharge of ships carrying explosives.

   139.   Notice of loading and unloading explosives.

   140.   Red flag to be exhibited.

   141.   Fires, etc., prohibited.

   142.   Smoking and certain wearing apparel prohibited.

   143.   Drunkenness.

   144.   Explosives to be covered.

   145.   Escaping explosives.

   146.   Method of handling explosives.

   147.   Only explosives to be handled at any one time.

   148.   General precautions to be observed.

   149.   Superintendence of management.

   150.   Certificate to land explosives.

   151.   Special permit when Abel test applied.

   152.   Hours during which explosives may be handled.

   153.   Control of quantity of explosives.

   154.   Licence for special small craft.

   155.   Conveyance of passengers.

   156.   Detonators.

   157.   Liability for expenses.

   158.   Controlling of explosives on railway in harbour.

   159.   Notice to be given to management.

   160.   Control by management of places where explosives may be loaded.

   161.   Ships to be ready to receive explosives.

   162.   Penalty.

   163.   Inspection and examination.

   164.   Petroleum.

   165.   Oil Terminals Safety Rules.

   166.   Carbide.

PART IX
GENERAL SAFETY REGULATIONS

   167.   Safety Regulations.

   168.   Duties of masters and others.

   169.   Safe means of access to wharf to be provided.

   170.   Landing or embarking passengers.

   171.   Safe means of access to other ships to be provided.

   172.   Safe means of access from deck to hold to be provided.

   173.   Efficient lighting to be provided.

   174.   Gear for lifting beams for hatch covering to be provided.

   175.   Hatch covering to be plainly marked.

   176.   Beams to be maintained in good condition.

   177.   Hand-grips on hatch coverings to be provided.

   178.   Provision for removal and replacement of hatches in safety.

   179.   Lifting machinery to be tested and examined.

   180.   Chains to be tested.

   181.   Who shall be deemed a competent person.

   182.   Rope to be of good quality and wire-rope to be tested.

   183.   Completion and return of Certificate to management.

   184.   Pulley blocks to have working load stamped thereon.

   185.   Means to enable safe working load for slings, ropes to be ascertained.

   186.   Shortening of chains.

   187.   Reduction of risk in use of cranes and winches.

   188.   Crane platforms to be fenced.

   189.   Marking of safe working load on cranes and derricks.

   190.   Measures to be taken with regard to derricks.

   191.   Escape of workers in a hold.

   192.   No lifting machinery to be loaded above safe working load.

   193.   Age and competency of crane drivers.

   194.   Clear passage to means of access to ship to be maintained on wharf.

   195.   Provision of substantial deck stage.

   196.   Fencing of hatches.

   197.   Loading or unloading of cargo at intermediate deck.

   198.   Provision with regard to use of hooks.

   199.   Staging to be provided within working on skeleton deck.

   200.   Shoring of cargo.

   201.   Securing of hatch beams.

   202.   Employment of signaller in certain circumstances.

   203.   Provision of safe transport by water.

   204.   Persons employed to use means of access.

   205.   Persons not to go up on beams in certain circumstances.

   206.   Machinery used to comply with Regulations.

   207.   Responsibility of compliance with certain Regulations.

PART X
HANDLING OF CARGO

   208.   Transit sheds.

   209.   Goods not to be delivered without authority from Customs.

   210.   Documents required before cargo delivered.

   211.   When goods provisionally entered are deemed to be cleared.

   212.   Documents required for goods for export.

   213.   Tendering of goods for export.

   214.   Goods for export and relative documents to be received in time.

   215.   Cancelling or amending orders.

   216.   When weight or measurement not available.

   217.   Marking of packages.

   218.   Delivery to Customs Warehouse.

   219.   Defective packages.

   220.   Unpacking of goods.

   221.   Acid landed in leaky condition.

   222.   Charges to be prepaid or secured.

   223.   Management may destroy or otherwise deal with dangerous goods.

   224.   Goods stored in the open.

PART XI
SPECIAL PROVISIONS RELATING TO DHOW CARGO

   225.   Dhow cargo to be handled at approved places.

   226.   Import and export cargoes.

   227.   Authority not responsible for loss.

   228.   Dried and salted fish.

   229.   Removal and/or sale of entered goods by the management.

   230.   Dhow cargo may not be handled at places ordinarily used by shipping.

PART XII
SPECIAL PROVISIONS RELATING TO CONTAINER SHIPS/HANDLING

   231.   Container ships to occupy special berths.

   232.   Safety of container cranes on berths.

   233.   Ship's cranes to be in stowed position.

   234.   When to unlash containers on deck.

   235.   Master to provide adequate safe means to containers.

   236.   Ship's cranes or derricks not to impede ship-to-shore gantry.

   237.   Ship's cargo gear to be held in readiness.

   238.   Start of hatches of ships without cranes or derricks.

   239.   Containers to be sufficiently marked.

   240.   Master or agent to furnish manifest.

   241.   Containers to bear customs approved seal.

   242.   Landing containers on ship's convenience.

   243.   Management to decide use of cargo gear.

   244.   Delivery or reception of container.

   245.   Harbours Regulations to apply to ICDs.

   246.   Transfer to depots and stripping of containers at the discretion of management.

   247.   Liability for insufficient packing of cargo in containers.

   248.   Penalty may be imposed for non-observation of International Regulations.

   249.   Management to be notified of intention to change the status of containers.

PART XIII
STORAGE

   250.   The Authority may refuse to accept certain goods for storage.

   251.   Storage charges on imports.

   252.   Harbour dues and charges.

   253.   Local deliveries.

   254.   Goods detained by Customs and Police.

   255.   Export cargo.

   256.   Free storage periods on export.

   257.   Shut out cargo.

   258.   Goods may be transferred.

   259.   Removal of export cargo.

   260.   When storage accommodation not available.

   261.   Penal storage charges.

   262.   Change of ownership of goods.

   263.   Transhipment cargo.

   264.   Passengers' baggage.

   265.   Claims for refund of overcharges.

PART XIV
WAREHOUSING

   266.   Warehousing of export cargo.

   267.   Special charges where services not specified.

   268.   Dangerous goods not accepted.

   269.   Packing of export goods.

   270.   No shipment without Shipping Order.

   271.   Particulars to be provided and rent paid.

   272.   Warehousing of export cargo discretionary.

PART XV
CONTROL OF HARBOURS

   273.   Closing roads, wharves.

   274.   Trespassers.

   275.   Vehicles to take position or place assigned.

   276.   Vehicles to move when required.

   277.   Dangerous driving.

   278.   Behaviour of motorists.

   279.   Danger signals.

   280.   Fire hydrants.

   281.   Fire-fighting operations.

   282.   Power to exclude public if major fire occurs.

   283.   Fee chargeable for fighting services.

   284.   Entering or leaving a harbour area.

   285.   Labour to carry identification discs.

   286.   No unauthorised entry when harbour gates closed.

   287.   No loading of or causing to be loaded, motor vehicle for conveyance of goods out of areas except against a proper gate pass.

   288.   When harbour gates to be closed.

   289.   Person wishing to enter harbour area.

   290.   Vagrants.

   291.   Hawking and trading.

   292.   Advertising on harbour property.

   293.   Bathing.

   294.   Burials.

   295.   Dogs and wild animals.

   296.   Permission necessary to erect fishing stakes and other instruments.

   297.   Use of sirens.

   298.   Divers.

   299.   Ballast permits.

   300.   Spitting prohibited.

   301.   Smoking prohibited.

PART XVI
SUNDRY AGENTS

   302.   Licences generally.

   303.   Licences or permits.

   304.   Licensing of agents and others.

   305.   Ship chandlers and other dealers.

   306.   Harbour baggage attendants.

PART XVII
MISCELLANEOUS PROVISIONS

   307.   Performance of services and provision of other facilities by other persons.

   308.   Exclusive power of the Authority.

   309.   Penalty for contravention of Regulations.

   310.   Regulations to be subject to Merchant Shipping Act.

   311.   [Revocation.]

SCHEDULES

THE TANZANIA HARBOURS REGULATIONS

(Section 73(1))

G.N. No. 413 of 1991

PART I
PRELIMINARY PROVISIONS (regs 1-2)

1.   Citation and application

   (1) These Regulations may be cited as the Tanzania Harbours Regulations.

   (2) These Regulations shall apply to Harbours specified in Parts I and II of the Tanzania Harbours Authority Act *.

2.   Interpretation

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

   "accepted by the Authority" means accepted by the Authority as defined in section 2(2)(d) of the Act;

   "Act" means the Tanzania Harbours Authority Act *;

   "authority" means the Tanzania Harbours Authority;

   "animals" means animate things of every kind except human beings;

   "authorised place" means any slipway, boat repair or lighterage repair workshop, slipway or yard, approved by the management for the purposes of these Regulations;

   "certificate of competency" means a certificate issued under and in accordance with the provisions of the Merchant Shipping Act *;

   "charges" means all sums receivable, charged or chargeable for, or in respect of any ship or harbour or the handling or warehousing of goods by the Authority for, or in respect of any other service performed or facilities provided by the Authority;

   "compulsory pilotage area" means the navigable enclosed within the compulsory pilotage limit;

   "compulsory pilotage limit" means and includes in relation to:

   Dar-es-Salaam:
An imaginary line drawn 270° (T) from Makatumbe Light House: vessels destined for the Mjimwema SPM terminal must await a pilot North of an imaginary line drawn from Makatumbe Light House to the West Tip outer Sinda Island;

   Mtwara:
An imaginary line drawn from Msangamkuu 270° (T) to the West Shore of Mikindani Bay.

   Tanga:
An imaginary Line drawn North from Raskazoni to Kwawa Reef Beacon. Vessels destined for the Tanga Fertilizer Jetty must await a pilot at East Oil imaginary line 180° (T) from Ulenge Reef Beacon;

   "container terminal" means a berth specially designated for the handling of cargo containers which are loaded on or discharged from vessels specially designed or converted for that purpose;

   "costing ship" or "costing steamship" means respectively a ship or steamship trading anywhere between the limits the Eastern Africa Trading Area, that is to say any location of 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 Comoro and from there by the Parallel Circle 11°S to the Meridian 50°E; and the near coastal areas of Kenya, Somali South of Mogadishu and the eastern side of Madagascar with 15 nautical miles from land. All other ships or steamships shall be deemed to be foreign going ships or steamships;

   "costing steamship" includes any mechanically propelled ship;

   "dhow" includes traditional vessels, schooners, whether fitted with auxiliary engines or otherwise, and self-propelled vessels of not more than 125 net registered tons or of 38.5m (125 feet) over length, whichever is the greater which trade exclusively within the Eastern African Trading Area, that is to say, 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 point 11°S, 44°E near Comoro and from there by the Parallel Circle 11°S to the Meridian 50°E; and the near coastal areas of Kenya, Somalia south and Mogadishu and the eastern side of Madagascar within 15 nautical miles from land; all other dhows, shall be deemed to be foreign-going ships;

   "documents" includes the shipping documents in respect of the cargo concerned, completed and stamped by the Customs, the Customs Entry, the released bill of lading or shipping company's delivery order, the shipping order, the declaration and disposal order as may be modified;

   "Director-General" means the person for the time being performing the duties of the Director-General of the Authority;

   "exempted ship" means any ship exempted from compulsory pilotage under section 17(2) of the Tanzania Harbours Authority Act *;

   "explosive" means–

   (a)   gunpowder, nitroglycerine, dynamite, guncotton, blasting powders, fulminate of mercury or of other metals, coloured fires and every other substances, whether similar to those herein mentioned or not which are used or manufactured with a view to produce a practical effect by explosion or a pyrotechnic effect;

   (b)   any fuse, rocket, detonator, cartridge, and every adaptation or preparation of any explosive as herein defined;

   (c)   any other substance declared to be explosive under the provisions of any law for the time being in force in the United Republic of Tanzania;

   "fairway" means the whole of the navigable channel or channels of any harbour;

   "ferry" means any vessel plying from one side of a water way to the other for the purpose of the carriage of goods or passengers;

   "fireworks" includes all signalling rockets and other pyrotechnic articles commonly used in connection with signalling or life-saving;

   "foreshore" means the seashore between high-water mark and low-water mark;

   "harbour limits" means the area with the limits of any harbour as may be defined by an Order made under Section 16 of the Tanzania Harbours Authority Act, and in addition to such areas, includes in relation to–

   (a)   Bagamoyo:

      The port of Bagamoyo includes all the waters enclosed by an imaginary line drawn from Ras Nunge to the Western extremity of Mbwakuni Island along its south shore to its eastern extremity and from hence to Ras Mbegani and the shore at high water mark in ordinary spring tides between those points;

   (b)   Dar-es-Salaam:

      The port of Dar-es-Salaam includes all tidal waters enclosed by a boundary which commencing at the high water mark point south East of Ras Korongo (a point approximately 6 miles East of the City of Dar-es-Salaam) follows a straight line due North to the West tip of Outer Sinda Island, thence a straight line to the Southern point of Mbudya Island, thence south of the entrance to Mto Eremji, thence following the high water mark around Msasani Bay, Dar-es-Salaam Inner Harbour to the first point due South of Sinda Island. The Inner Harbour shall mean all waters inside a straight line joining East and West Ferry point;

   (c)   Kilwa Kivinje:

      The Port of Kilwa Kivinje includes all the tidal waters enclosed by an imaginary line drawn from Ras Miramba 90°(T) to the meridian of 39°30'E from thence northward parallel of Lat 80°40'S, thence 270°(T) to the mainland and the shore at high water at ordinary spring tide between these points;

   (d)   Kilwa Kisiwani (Kilwa Masoko):

      Includes all waters to the high water mark enclosed by an imaginary line drawn from Rukyira Spit Isle South to Ras Lunchangamra.

   (e)   Kilindoni (Mafia):

      Includes all the tidal waters enclosed by an imaginary 3 Nautical Line circle, centred on the Kilindoni Customs House;

   (f)   Kwale:

      The Port of Kwale includes all the tidal waters within three nautical miles of the coast of the island of Kwale;

   (g)   Lindi:

      The Port of Lindi includes all the tidal waters enclosed by an imaginary line from Ras Mongo to Ras Nongerungo and the shore at high water mark between these points. The Inner Harbour shall mean the waters enclosed by a line from Ras Rungi to Red Cliff;

   (h)   Mtwara and Mikindani:

      The ports of Mtwara and Mikindani includes all the tidal waters south of a line drawn 270°(T) from the northern tip of Ras Msangumkuu till it meets the Western shore of Mikindani Bay;

   (i)   Pangani:

      The Port of Pangani includes all the tidal waters enclosed by an imaginary line drawn from Kikongwe 30°(T) to the mainland and the shore at high water mark between these points;

   (j)   Tanga:

      The Port of Tanga includes all the tidal waters enclosed by a boundary commencing at the high water mark at Ras Kwawa following a line drawn 90°(T) to the meridian of 39°15 E long thence 180° to the parallel of 05°05'S Lat. thence 270°(T) to the mainland at high water mark thence in a northerly direction following the high water mark around Tanga Bay to Ras Congoliani thence in a north easterly direction following the high water mark to the said Ras Kwawa.

   Where the delimitation of a port or harbour set out in the second Schedule to the Tanzania Harbours Authority Act is not expressly given in these Regulations but such port or harbour is, directly or on an agency basis, under the administration of the Tanzania Harbours Authority, then that delimitation shall be as the Presidential Order may be of a specific purpose or otherwise determine;

   "harbour area" means the area within the limits of any harbour as defined by an order made under section 16 of the Tanzania Harbours Authority Act, and is as follows–

   (a)   Dar-es-Salaam - enclosed wharf area and water-front from the new dhow terminal to THA dock yard inclusive;

   (b)   Tanga - the enclosed wharf area and water-front;

   (c)   Kilwa - Kivinje

      Mafia - Kilindoni

      Kilwa - Kisiwani

      Bagamoyo

      Pangani

      Lindi;

   (d)   Mikindani - the area enclosed by fencing including Mikindani pier, the water-front Mitego situated east of Mikindani pier;

   (e)   Mtwara - The enclosed area and water-front; including the dhow pier at Shangani with the sheds and area enclosed within the boundary fence;

   "harbour baggage attendant" means any person who personally and for gain attends on any passenger for the purpose of assisting him in connection with baggage formalities of the harbour or who personally and for gain in any way controls any motor boat or row boat for the purpose of transporting passengers' baggage to or from a ship lying at anchor in the stream;

   "harbour craft" means a craft whose master, mate or engineer does not require to hold a certificate of competency but a licence issued by the management in accordance with these Regulations;

   "hatch" means an opening in a deck used for purposes of loading/discharging or for ventilation;

   "hatchway" means the whole space within the square of the hatch, from the top deck to the bottom of the hold;

   "I.M.D.G. Code" means the International Maritime Dangerous Goods Code as amended from time to time;

   "licence" means a licence issued under and in accordance with the provisions of these Regulations to the master, mate and engineer of the Harbour Craft;

   "lifting machinery" means cranes, winches, hawsers, derrick booms, derrick and mast bands, goose necks, eyebolts, and all other permanent attachments to the masts and decks used in hoisting or lowering in connection with the processes;

   "Management" means and includes the person entrusted with the management or supervision of harbour to which the Tanzania Harbours Authority Act applies and the person from time to time appointed by the Authority by whatever name he may be called to perform the duties of Port Manager therein, and the deputies or assistants of every such person;

   "master" when used in relation to any ship means any person (other than a pilot) having for the time being command or charge of such ship;

   "passenger" means any person carried on a ship other than the master or an apprentice or a member of the crew or a person employed or engaged in any capacity on board the ship on the business of the ship; a child under one year of age; or a person carried on the ship in pursuance of the obligation laid upon the master of any circumstances which neither the master nor the owner nor the charterer, if any, could have prevented or forestalled;

   "passenger baggage" means packages containing the ordinary personal effects of the passenger, including pedal bicycles, perambulators, and the like, but does not extend to merchandise, provisions (other than food taken on board dhows and steamships by deck passengers for consumption during the voyage), wines, spirits, furniture, vehicles and the like;

   "peri-harbour area" means an area immediately adjacent to any harbour area as may be specified in any Presidential Order issued under section 16(2) of the Tanzania Harbours Authority Act;

   "person employed" means a person employed in processes;

   "petroleum ship" means any ship having or loading or having had on board or about to take on board, any petroleum spirit including turpentine;

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

   "premises of the Authority" means premises vested in or placed at the disposal of the Authority for the purposes of the Authority;

   "prescribed" means prescribed by the Authority;

   "processes" means the processes mentioned in Regulation 168 hereof or any one of them;

   "pulley block" means pulley, block, gin and similar gear, other than crane block specially constructed for use with crane to which it is permanently attached;

   "ship" includes any vessel, tug, lighter or boat of any kind, whether propelled by steam or otherwise or towed;

   "small craft" means any tug launch, barge, lighter, rowing boat, sailing boat, or similar craft not included in the definition of a "traditional vessel" and less than 25 net register tons for registration purposes, or less than 50 gross register tons for manning purposes;

   "special cargo" means cargo consigned to a Government of any state for use by any of its security organs, the handling and delivery of such cargo being subject to such special conditions as may specified by the management;

   "steamship" includes any mechanically propelled ship;

   "Tariff" means the Tariff of Harbour Dues and Charges prescribed under the provisions of the Tanzania Harbours Authority Act;

   "traditional vessel" means any vessel which being under 200 tons gross either–

   (a)   presents the outward appearance of traditional build or rig; or

   (b)   presents the outward appearance of traditional build or rig and is manned by a crew of whom the Captain and the majority of the seamen belong to one of the countries of the coast of the Indian Ocean, Red Sea or the Persian Gulf.

PART II
PILOTAGE (regs 3-15)

3.   Compulsory pilotage

   (1) The master of any ship (other than an exempted ship) shall not cause or permit his ship to enter, leave or be moored in any compulsory pilotage area without having on board a pilot appointed by the management.

   (2) If any ship (other than an exempted ship), in circumstances in which pilotage is compulsory is not under pilotage as required by these regulations the master of the ship shall be guilty of an offence.

   (3) When two or more ships are approaching the compulsory pilotage limits, the pilot boat shall indicate the number of pilots she has on board by Aldin lamp or radio. This is to be taken as an additional warning that a ship for which a pilot is not available is to remain outside the limits prescribed in Regulations 5, 6 and 7 of these Regulations.

   (4) The Director-General may designate if he deems it necessary other areas within the harbour limits as compulsory pilotage areas.

4.   Certificate of exemption from compulsory pilotage

   (1) When in any particular case a ship is exempted from compulsory pilotage, a certificate of exemption shall on payment of the prescribed fee, be issued by the Management to the master of the ship concerned and, unless suspected or revoked or unless the master of the ship relinquishes command of such ship, shall remain in force for a period of 12 months from the date of issue:

   Provided that a ship may on a signal or special occasion be exempted from compulsory pilotage without issuing a certificate of exemption.

   (2) The master of the ship to whom a certificate of exemption has been accorded under this regulation shall return the certificate to the Management on relinquishing command of the ship in respect of which the same was accorded.

5.   Ship's speed when embarking pilot

   A ship shall have between 3 and 5 knots headway when embarking a pilot, and shall make a good lee for the operation.

6.   Pilotage at Dar-es-Salaam

   Every ship, other than an exempted at ship, arriving off Dar-es-Salaam Harbour shall await the arrival of the pilot launch at the outer anchorage and shall, if necessary, anchor clear of the leading marks. Instructions shall be communicated by HVF radio or by signal from the signal station or by any other appropriate means of communication.

7.   Pilotage at Tanga and Mtwara

   (1) Every ship, other than an exempted ship, arriving off Tanga Harbour shall await the arrival of the pilot launch at the outer anchorage and shall, if necessary, anchor clear of the leading marks. Instructions shall be communicated by HVF radio or by signal from the signal station or by any other appropriate means of communication.

   (2) In case of a ship, other than an exempted ship, arriving off Mtwara Harbour shall await the arrival of the pilot launch at the outer anchorage and shall if necessary, anchor clear of the leading marks. Instructions shall be communicated by VHF Radio or by signal from signal station or by other appropriate means of communication.

8.   Approaching and boarding of pilot

   (1) Masters shall, in order to avoid delay or accident, take the way off their ships when the pilot launch is approaching.

   (2) All pilot ladders shall comply with the following requirements–

   (a)   the ladder shall be kept clean and in good order and for use only by officials and other persons while a ship is arriving or leaving a port, and for the embarkation and disembarkation of pilots;

   (b)   the ladder shall be secured in a position that each step rests firmly against the ship's side and so that the person using it can gain safe and convenient access to the ship after climbing not less than 1.5 metres (or 5 feet) and not more than 9 metres (or 30 feet);

   (c)   a single length of pilot ladder shall be capable of reaching the water from the point of access to the ship and due allowance shall be made for all conditions of loading and trim of the ship;

   (d)   the treads of the ladder shall be not less than 19 inches (or 48 centimetres) long, 4½ inches (or 11.4 centimetres) wide and 1 inch (or 2.5 centimetres) in depth;

   (e)   steps shall be joined in such manner as will provide a ladder of adequate strength whose treads are maintained in a horizontal position and not less than 12 inches (or 30.5 centimetres) of more than 15 inches (or 39 centimetres) apart;

   (f)   two man-ropes properly secured, and a safety line shall be available and ready for use if required;

   (g)   arrangements shall be such that–

      (i)   the rigging of the ladder and the embarkation and disembarkation of a pilot is supervised by a reasonable officer of the ship;

      (ii)   handholds are provided to assist the pilot to pass safely and conveniently from the head of the ladder into the ship or on to the ship's deck;

   (h)   if necessary spreaders shall be provided at such intervals as will prevent the ladder from twisting;

   (i)   at night a light shining overside shall be available and used and the deck at the position where the pilot boards the ship shall be adequately lit; and

   (j)   ships with rubbing bands or other ships whose construction makes it impossible to comply fully with the provision that the ladder shall be secured at a place where each step will rest firmly against the ship's side shall comply with this provision as closely as possible.

   (3) Ships shall have a boat rope ready rigged from the break of the forecastle to abaft the bridge.

9.   Signals to be shown by exempted vessel

   A vessel, the master of which is exempted from pilotage, shall show the following signals when entering and leaving any harbour–

   (a)   by day, the International flag "H" hoisted at the dip; in the case of small craft, hoisted as high as possible;

   (b)   by night, three lights visible all round the horizon hoisted in a vertical line six feet apart where they can best be seen, the upper light red and the two lower ones white; in the case of small craft, the lights shall, if the six-foot spacing is impracticable, be as far apart as possible.

10.   Pilots to be duly appointed

   No person other than a duly appointed pilot or an emergency pilot appointed by the Authority under the provisions of regulation 11 of these Regulations shall offer his services as a pilot.

11.   Emergency pilots

   The Authority may as a temporary and emergency measure in case of shortage of staff through sickness or other causes, authorise a person other than a duly appointed pilot to pilot ships.

12.   Qualifications of pilots

   Before any person, other than a person already appointed prior to the coming into operation of these Regulations, is appointed a pilot, he shall fulfil the following conditions–

   (a)   a candidate for appointment as pilot must be a person not less than twenty-five and not more than forty-nine years of age and must produce certificates of ability and general fitness for such an appointment, including a medical certificate that he is in good health and not afflicted with any bodily infirmity rendering him unfit for the duties of a pilot; he shall also satisfy the management as to his knowledge of seamanship;

   (b)   no candidate shall be eligible for appointment as pilot unless he holds at least a Deck Officer Class 2 Certificate of Competency, preferably with Master Endorsement;

   (c)   no candidate shall be eligible for appointment as pilot unless he holds at least Deck Officer Class 3 Certificate of Competency, provided that holders of Class 3 Certificate shall not pilot vessels of more than 500 Gross Registered Tonnage.

13.   Pilot flag

   No person, not being a pilot afloat and on duty, shall hoist a pilot flag (upper half white, lower half red) nor shall the master of any ship allow such flag to be displayed on his ship except by a pilot.

14.   Exempted ship to occupy assigned berth

   Any exempted ship, not having taken a berth assigned to her by the Management, and which is observed to be foul of or likely to foul any mark, buoy, mooring buoy, or some other ship or vessel due to having made a slack mooring or other cause, may be moved or moored under the direction of a pilot, for which service a prescribed fee shall be charged.

15.   Removal of ships anchored in inner harbour areas and fairways

   (1) No ship, traditional vessel or small craft, shall be anchored in any inner harbour area and any fairway of any harbour without the Authority of the management.

   (2) Any ship, traditional vessel or small craft anchoring in such inner harbour areas and fairways in contravention of this regulation shall pay a penalty not exceeding US$ ten thousand or its equivalent for Tanzanian registered ship or not exceeding Tanzania shillings twenty thousand for traditional vessels. In addition the vessel may be liable to be removed under the control of a pilot, for which full pilotage shall be charged and, if the use of tugs is considered necessary by the management, also towage.

   (3) In the event of a repetition of such anchoring by ship, traditional vessel or small craft it shall be subject to a penalty imposed by management of not more than US$ five thousand or Tanzania shillings fifteen thousand for Tanzanian coastal registered ships or traditional vessels plus the expenses of tug if used.

PART III
SHIPS - REPORTS, MOVEMENTS AND BERTHING (regs 16-47)

16.   Notification of expected arrival of ships

   The owners or agents of a ship proposing to call at a harbour shall as early as possible give notice in writing to the management on the form prescribed in the First Schedule of the expected date and time of arrival of the ship and shall give particulars in such notice of the nature of quantity of cargo to be loaded or discharged and other matters of importance.

17.   Ship's signals on entering

   Before entering the harbour every ship shall hoist the following flags–

   (a)   national colours, which she shall fly from 6 a.m. to 6 p.m.;

   (b)   the ship's signal letters;

   (c)   the "Q" flag, International Code shall not be lowered until the Port Health Officer gives pratique;

   (d)   if carrying passengers, the "T" flag, International Code, until notified by an Immigration Officer that the Department's formalities shall have been observed;

   (e)   if livestock are to be landed therefrom the "N" flag, International Code;

   (f)   if carrying dangerous goods, the "B" flag, International Code; and

   (g)   Tanzania National Flag from 6 a.m. to 6 p.m.

18.   Shipping returns

   The owners or agents of a ship proposing to leave a harbour shall, within three days after the ship has left, supply to the management on the form prescribed in the Second Schedule the particulars required.

19.   Precautions to be observed when entering and leaving Dar-es-Salaam and Tanga Harbours; no details provided on Mtwara

   The following are the prescribed signals governing entry and departure at the harbours of Dar-es-Salaam and Tanga; they are exhibited at the places shown on the appropriate charts against the remarks and "Harbour Signals (Inwards)" or "Harbour Signals (Outwards)"–

MeaningDay SignalNight Signal
Entry prohibitedBlack flagThree red lights disposed vertically
Exit prohibitedOne black ballThree lights disposed vertically, the upper and lower white and the centre red.

   At Dar-es-Salaam distant signals are exhibited in addition to the above consisting of–

      Entry prohibited - Black square on white background.

      Exit prohibited - White ball on black background.

20.   Precautions to be observed when entering Dar-es-Salaam, Tanga, Mtwara and Kilwa harbours

   No person shall attempt to take any ship not having pilot on board–

   (a)   past No. 1 buoy in the entrance to Dar-es-Salaam Harbour;

   (b)   into Tanga Harbour;

   (c)   into Mtwara; and

   (d)   into Kilwa Masoko,

in disobedience of the prescribed signal to indicate that entry is prohibited.

21.   Precautions to be observed when leaving Dar-es-Salaam, Tanga, Mtwara or Kilwa Harbours

   No person shall attempt to take any ship not having a pilot on board out of or leave any anchorage in Dar-es-Salaam, Tanga, Mtwara or Kilwa Harbours in disobedience of the prescribed signal prohibiting exit.

22.   Speed in harbour

   All ships shall proceed at a moderate speed within the limits of any harbour.

23.   Due notice of ship's departure to be given

   The master or agent of a ship shall, at least four hours before the ship leaves, give notice thereof to the management.

24.   Anchors to be in readiness

   (1) Every ship entering or leaving a harbour shall have both bow anchors and cables clear and ready for use if required.

   (2) Ships with derricks arriving off harbour shall hoist when the weather permits.

25.   Port Health Officer

   All ships entering a harbour shall await the arrival of the Port Health Officer or his representative before having any contact with the shore or with any other ship or boat except the pilot boat or the boat of a Customs Officer.

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