Ms (Pleasure Craft) (Amendment) Regs 2020
Ms (Pleasure Craft) (Amendment) Regs 2020
Ms (Pleasure Craft) (Amendment) Regs 2020
First published in the Government Gazette, Electronic Edition, on 13 March 2020 at 5 pm.
No. S 161
MERCHANT SHIPPING ACT
(CHAPTER 179)
MERCHANT SHIPPING
(PLEASURE CRAFT) REGULATIONS 2020
ARRANGEMENT OF REGULATIONS
PART 1
PRELIMINARY
Regulation
1. Citation and commencement
2. Definitions
3. Exemption from certain provisions of Act
PART 2
REGISTRY OF PLEASURE CRAFT
4. Conditions for registry
5. Owner or authorised person to apply
6. Application for initial registry
7. Application for registry anew
8. Application to renew registry
9. False or fraudulent declaration or representation
10. Name of pleasure craft
11. Registry for Singapore pleasure craft
12. Validity period of registry of pleasure craft
13. Register of Singapore pleasure craft
14. Certificate of registry (Singapore pleasure craft)
15. Change in particulars in certificate of registry (Singapore
pleasure craft)
16. Change of ownership of Singapore pleasure craft
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PART 3
SURVEY OF PLEASURE CRAFT
Regulation
17. Requirement for survey of pleasure craft in certain cases
18. Survey of pleasure craft
19. Accredited organisations and recognised surveyors
PART 4
SAFETY REQUIREMENTS AND
EQUIPMENT FOR SINGAPORE PLEASURE CRAFT
20. Safety requirements for Singapore pleasure craft
21. Warning device
22. Other fitting, material, etc., may be fitted
PART 5
USE OF SINGAPORE PLEASURE CRAFT
23. Singapore pleasure craft not to be used for commercial purpose
24. Owner to ensure Singapore pleasure craft is properly marked
25. Alteration of Singapore pleasure craft prohibited
26. Certificate of registry (Singapore pleasure craft) to be kept on
board
27. Class of pleasure craft driving licence to be held by master
28. Number of persons to be carried
29. Report of collision, etc.
PART 6
MISCELLANEOUS
30. Offence to represent vessel not registered under Regulations as
Singapore pleasure craft
31. Exemption powers
32. Saving and transitional provisions
The Schedules
PART 1
PRELIMINARY
Citation and commencement
1. These Regulations are the Merchant Shipping (Pleasure Craft)
Regulations 2020 and come into operation on 1 July 2020.
Definitions
2. In these Regulations, unless the context otherwise requires —
“accredited organisation” means an organisation authorised by
the Director to conduct surveys in accordance with Part 3;
“Convention” means the International Convention for the Safety
of Life at Sea, 1974 and any amendment to it which has come
into force and has been accepted by the Government;
“gross tonnage”, in relation to a pleasure craft, means the gross
tonnage of the pleasure craft as specified in its Singapore
Tonnage Certificate or, if none, a builder’s certificate
recognised by the Director, or, if none, as determined by
the Director —
(a) for a craft with a load line length not exceeding
24 metres, in accordance with the tonnage
measurement method set out in the First Schedule; or
(b) for a craft with a load line length of 24 metres or
more, in accordance with the International
Convention on Tonnage Measurement of Ships,
1969;
“IMO” means the International Maritime Organization;
“load line length”, in relation to a pleasure craft, means —
(a) 96% of the total length on the waterline of the
pleasure craft at 85% of the least moulded depth
measured from the top of the keel; or
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(b) the length from the fore-side of the stem to the axis of
the rudder stock on that waterline,
whichever is greater, and in determining the load line length
in relation to a pleasure craft that is designed with a rake of
keel, the waterline that is used to measure the load line length
of the pleasure craft must be parallel to the designed
waterline;
“owner”, in relation to a pleasure craft, means any person who is
the sole, joint or part owner of the pleasure craft;
“passenger” means every person on board a pleasure craft other
than any of the following:
(a) the master;
(b) any crew member of the pleasure craft;
(c) any person employed or engaged in any capacity in
connection with the business of the pleasure craft;
(d) any child below one year of age;
“pleasure craft” means any ship that is intended to be used
exclusively by its owner, or a guest of the owner without
payment of any fee or other form of consideration, for sport
or pleasure;
“recognised surveyor” means —
(a) a person who is employed by an accredited
organisation to conduct a survey of a pleasure craft
and to issue a survey report under Part 3; or
(b) a person who is authorised by the Director to conduct
a survey of a pleasure craft and to issue a survey
report under Part 3;
“Singapore business entity” means any of the following entities
that is carrying out any business activity in Singapore,
whether for profit or not:
(a) any body corporate that is incorporated under any
written law in Singapore;
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PART 2
REGISTRY OF PLEASURE CRAFT
Conditions for registry
4.—(1) Subject to paragraph (2), a pleasure craft that is wholly
owned by —
(a) a person who is ordinarily resident in Singapore; or
(b) a Singapore business entity,
may be registered or registered anew as a Singapore pleasure craft, or
may have its registration renewed as a Singapore pleasure craft.
(2) A pleasure craft may not be registered or registered anew, or
have its registration renewed as a Singapore pleasure craft if it —
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(4) A person who fails to comply with paragraph (3) shall be guilty
of an offence and shall be liable on conviction to a fine not exceeding
$5,000.
(5) In a prosecution for an offence under paragraph (4), it is not
necessary for the prosecution to prove that the person charged with
the offence intended to commit the offence.
(2) A person who fails to comply with paragraph (1) shall be guilty
of an offence and shall be liable on conviction to a fine not exceeding
$5,000 and, in the case of a continuing offence, to a further fine not
exceeding $1,000 for every day or part of a day during which the
offence continues after conviction.
(3) In a prosecution for an offence under paragraph (2), it is not
necessary for the prosecution to prove that the person charged with
the offence intended to commit the offence.
(4) Where the ownership of a Singapore pleasure craft is to be
transferred to another person (called in this paragraph the
transferee) —
(a) the registry of the pleasure craft is deemed to be closed
immediately upon the transfer; and
(b) if the transferee is a person who qualifies for Singapore
registry under regulation 4, the pleasure craft may be
registered anew subject to the requirements of regulation 7.
PART 3
SURVEY OF PLEASURE CRAFT
Requirement for survey of pleasure craft in certain cases
17.—(1) A pleasure craft may not be granted initial registry,
registry anew or renewal of registry under these Regulations
unless —
(a) a survey is conducted in respect of the pleasure craft in
accordance with the requirements of this Part; and
(b) the pleasure craft is certified to be fit for its intended use
following the survey.
(2) The owner or master of a Singapore pleasure craft must, if the
Director requires, produce the pleasure craft as soon as practicable for
a survey to certify that the pleasure craft is fit for its intended use, at
the place and time specified by the Director if —
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PART 4
SAFETY REQUIREMENTS AND
EQUIPMENT FOR SINGAPORE PLEASURE CRAFT
Safety requirements for Singapore pleasure craft
20.—(1) The owner or master of a Singapore pleasure craft must
ensure that the pleasure craft satisfies the safety requirements
specified in the Second Schedule.
(2) A person who fails to comply with paragraph (1) shall be guilty
of an offence and shall be liable on conviction to a fine not exceeding
$5,000 and, in the case of a continuing offence, to a further fine not
exceeding $1,000 for every day or part of a day during which the
offence continues after conviction.
(3) In a prosecution for an offence under paragraph (2), it is not
necessary for the prosecution to prove that the person charged with
the offence intended to commit the offence.
Warning device
21.—(1) Where a Singapore pleasure craft is propelled by
machinery, the owner or master of the Singapore pleasure craft
must ensure that the pleasure craft is equipped with an audible
warning device approved by the Director that is capable of emitting
short and prolonged blasts.
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(2) A person who fails to comply with paragraph (1) shall be guilty
of an offence and shall be liable on conviction to a fine not exceeding
$5,000 and, in the case of a continuing offence, to a further fine not
exceeding $1,000 for every day or part of a day during which the
offence continues after conviction.
(3) In a prosecution for an offence under paragraph (2), it is not
necessary for the prosecution to prove that the person charged with
the offence intended to commit the offence.
PART 5
USE OF SINGAPORE PLEASURE CRAFT
Singapore pleasure craft not to be used for commercial
purpose
23.—(1) The owner or master of a Singapore pleasure craft must
not cause or permit the pleasure craft to be used for any commercial
purpose.
(2) A person who fails to comply with paragraph (1) shall be guilty
of an offence and shall be liable on conviction to a fine not exceeding
$5,000 and, in the case of a continuing offence, to a further fine not
exceeding $1,000 for every day or part of a day during which the
offence continues after conviction.
(3) In a prosecution for an offence under paragraph (2), it is not
necessary for the prosecution to prove that the person charged with
the offence intended to commit the offence.
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(2) A person who fails to comply with paragraph (1) shall be guilty
of an offence and shall be liable on conviction to a fine not exceeding
$5,000 and, in the case of a continuing offence, to a further fine not
exceeding $1,000 for every day or part of a day during which the
offence continues after conviction.
(3) In a prosecution for an offence under paragraph (2), it is not
necessary for the prosecution to prove that the person charged with
the offence intended to commit the offence.
PART 6
MISCELLANEOUS
Offence to represent vessel not registered under Regulations as
Singapore pleasure craft
30.—(1) A person must not represent a vessel that is not a
Singapore pleasure craft to be a Singapore pleasure craft by —
(a) the display of any marking on the vessel;
(b) the production of any document in respect of the vessel; or
(c) any other means.
(2) A person who fails to comply with paragraph (1) shall be guilty
of an offence and shall be liable on conviction to a fine not exceeding
$5,000 and, in the case of a continuing offence, to a further fine not
exceeding $1,000 for every day or part of a day during which the
offence continues after conviction.
(3) In a prosecution for an offence under paragraph (2), it is not
necessary for the prosecution to prove that the person charged with
the offence intended to commit the offence.
Exemption powers
31.—(1) The Director may, subject to any conditions that the
Director considers fit, exempt any particular categories of pleasure
craft from the application of any provision of these Regulations
generally, or for any time or for any voyage that the Director may
determine.
(2) The Director may exempt any Singapore pleasure craft from the
application of any provision of these Regulations generally, or for any
time or for any voyage determined by the Director.
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FIRST SCHEDULE
Regulation 2
Measurements
3.—(1) In this Schedule, all measurements must be made in accordance with the
following sub-paragraphs:
(a) all lengths and depths must be measured in a vertical plane at
centreline;
(b) all breadths must be measured in a line at right angles to that plane;
(c) all dimensions must be expressed in metres.
(2) For multihull pleasure craft, each hull must be measured separately for
overall length, breadth, and depth and the pleasure craft as a whole must be
measured.
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Deck structures
4.—(1) If any deck structure on a pleasure craft is excessive in size, the gross
tonnage of the pleasure craft is calculated by adding the tonnage of the principal
deck structure to the total gross tonnage of all of the pleasure craft’s hulls.
LBD
principal deck structure tonnage ¼
2:831
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Where L is the length of the centre hull and L1 is the length of the outside hulls.
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SECOND SCHEDULE
Regulations 18(1)(b)(i) and 20(1)
PART 2
PROVISION OF LIFE-SAVING APPLIANCES
Approval of life-saving appliances
5. Every piece of life-saving appliance and equipment required under this
Part —
(a) must be of a type approved by the Director; or
(b) must conform to the International Life-Saving Appliance (LSA) Code,
as adopted by IMO by Resolution MSC.48 (66), and any amendments
to it which are adopted, brought into force and take effect (in
accordance with the provisions of article VIII of the Convention), and
must be approved by —
(i) a competent authority of any State party to the Convention; or
(ii) a classification society on behalf of or authorised by that
competent authority.
Lifebuoys
6.—(1) Every buoyant lifeline carried on a Singapore pleasure craft —
(a) must be attached to a lifebuoy; and
(b) must be placed in the proximity of the side of the pleasure craft.
(2) Every lifebuoy carried on a Singapore pleasure craft must be marked on both
sides with the port of registry “Singapore” and the name of the pleasure craft.
(3) The lifebuoys carried on a Singapore pleasure craft must be distributed on
both sides of the craft and placed in racks unsecured such that they are able to
float-free.
Handflares
7. A Singapore pleasure craft with a fully or partially enclosed deck must be
provided with 6 handflares stored in a suitable watertight container.
Fire pumps
13.—(1) Where a Singapore pleasure craft is installed with a main fire pump —
(a) the main fire pump’s source of power (if any) and the sea connection of
emergency fire pumps (if any) installed on the pleasure craft must not
be situated in the same compartment as the main fire pump; and
(b) the emergency fire pump (if any), sea suction and other valves must be
operable —
(i) from outside the compartment that contains the main fire
pump; and
(ii) in a position that is not likely to be cut off by fire in that
compartment.
(2) A manually operated pump installed on a Singapore pleasure craft must be
capable of producing a jet of water having a sufficient throw.
Hose NA NA NA 1 1 2 2
Nozzle Jet NA NA NA 1 1 2 2
Spray NA NA NA NA NA 1 1
Fireman’s axe NA NA NA NA NA 1 1
Notes:
(1) Where engine room houses internal combustion type machinery having in aggregate, a total power output of not less than 375 kW.
(2) Fire buckets may be substituted by an equal number of portable dry-powder fire extinguishers outside the engine room.
THIRD SCHEDULE
Regulation 28(1)
CARRYING CAPACITY
1. The carrying capacity of a pleasure craft means the maximum number of
passengers and crew members that the pleasure craft may carry.
2. The carrying capacity of a pleasure craft —
(a) is specified in its builder’s certificate recognised by the Director; or
(b) if the builder’s certificate contains no such specification, is determined
by the Director in accordance with the following formula:
. carrying capacity = 12 + (length × length × breadth × 0.0031).
3. In this Schedule, “length” and “breadth” have the meanings given to them in
the First Schedule.