PART IGeneral

Citation, commencement and revocation

1.-(1) These Regulations may be cited as the Merchant Shipping (Carriage of Cargoes) Regulations 1997 and shall come into force on 6th February 1997.

(2) The Merchant Shipping (Grain) Regulations 1985(2) are hereby revoked.

Interpretation

2.-(1) In these Regulations, except where the context otherwise requires:

• "appropriate cargo information" or "documentation" means information or documentation relevant to the cargo and its stowage and securing, which should specify in particular the precautions necessary for the safe carriage of that cargo by sea;

• "cargo" means any cargo which, owing to its particular hazard to ships or persons on board, may require special precautions, with the exception of liquids in bulk, gases in bulk and dangerous goods;

• "cargo hold" or "space" means any hold or space in the ship appropriated for the carriage of cargo;

• "cargo unit" includes a cargo transport unit and means wheeled cargo, vehicle, container, flat, pallet, portable tank, packaged unit, or any other cargo, and loading equipment, or any part thereof, which belongs to the ship and which is not fixed to the ship;

• "cargoes which may liquefy" means cargoes which are subject to moisture migration and subsequent liquefaction if shipped with a moisture content in excess of the transportable moisture limit;

• "certifying authority" means the Secretary of State or any other person or organization authorised by the Secretary of State;

• "container" means an article of transport as defined in the International Convention for Safe Containers, (CSC 1972), published by the Organization;

• "dangerous goods" has the meaning given by regulation 1(3) of the Merchant Shipping (Dangerous Goods and Marine Pollutants) Regulations 1990(3), and "Dangerous Goods Regulations" means those Regulations;

• "Department" means the Department of Transport;

• "flow moisture point" means the percentage moisture content (wet weight basis) at which a flow state develops under the methods of test in a representative sample of the material as prescribed by the Code of Safe Practice for Solid Bulk Cargoes (BC Code), published by the Organization;

• "flow state" means the condition when a mass of granular material is saturated with liquid to an extent that under prevailing external forces such as vibration, impaction or ship's motion, it loses its internal shear strength and behaves as a liquid;

• "forwarder" means a person who receives the appropriate cargo information in preparation for eventual delivery of the cargo to the ship or its agent, and may include a cargo packer or consolidator;

• "grain" includes wheat, maize (corn), oats, rye, barley, rice, pulses, seeds and processed forms thereof whose behaviour is similar to that of grain in its natural state;

• "international grain code" means the International Code for the Safe Carriage of Grain in Bulk adopted by the Maritime Safety Committee of the Organization by resolution MSC.23(59) on 23rd May 1991;

• "Marine Safety Agency" means the Marine Safety Agency, an executive agency of the Department;

• "Merchant Shipping Notice" means a Notice described as such, issued by the Department;

• "moisture content" means the amount of moisture present in a particular sample expressed as a percentage by weight of the total wet weight of the sample;

• "the organization" means the International Maritime Organization;

• "offshore supply vessel" means a ship which is used for the transportation of stores, materials, equipment and personnel between a base ashore and offshore installations or between offshore installations;

• "operator" in relation to a ship means any owner, charterer, manager and agent of the ship;

• "shipper" means any person who, whether as principal or agent for another, consigns goods for carriage by sea;

• "SOLAS Convention" means the International Convention for the Safety of Life at Sea 1974, as amended, in force at 1st January 1996;

• "surveyor" means a marine surveyor of a certifying Authority and includes any marine surveyor of the Marine Safety Agency;

• "transportable moisture limit" means 9/10ths of the flow moisture point;

• "trimmed" means any levelling of the material within a cargo space, either partial or total, by means of loading spouts or chutes, portable machinery, equipment or manual labour.

(2) Unless otherwise stated a reference in a regulation to a numbered paragraph is a reference to the paragraph of that number in the regulation.

(3) Any reference in these Regulations to any Code, Convention or Merchant Shipping Notice shall include a reference to any document amending it which is considered by the Secretary of State to be relevant from time to time and is specified in a Merchant Shipping Notice.

(4) Any approval given pursuant to these Regulations shall be given in writing and shall specify the date when it is to come into force and the conditions (if any) on which it is given.

(5) In interpreting the International Grain Code-

(a)the requirements having been made mandatory under regulation 11 the language thereof shall be construed accordingly;

(b)the definitions set out in A 2 shall apply;

(c)references to the Administration shall, in relation to United Kingdom ships, be references to the Marine Safety Agency; and references to the Contracting Government of the port of loading, in relation to all ships in the United Kingdom, be references to the Secretary of State.

Application

3.-(1) Subject to paragraph (2) below these Regulations apply to:

(i)sea-going United Kingdom ships wherever they may be, and

(ii)sea-going non United Kingdom ships while they are within the United Kingdom or the territorial waters thereof,

when loaded or intended to be loaded with any cargo, with the exception of liquids in bulk, gases in bulk, and cargoes which are classified as Dangerous Goods.

(2) These Regulations do not apply to offshore supply vessels.

PART IIGeneral Provisions

Cargo information

4.-(1) The shipper shall (subject to paragraph (4) below) provide to the operator or master appropriate cargo information sufficiently in advance of loading to enable the precautions which may be necessary for proper stowage and safe carriage of the cargo to be put into effect. The cargo information shall include:

(a)in the case of general cargo, and cargo carried in cargo units, a general description of the cargo, the gross mass of the cargo or cargo units, and any relevant special properties of the cargo;

(b)in the case of bulk cargoes, information on the stowage factor of the cargo, the trimming procedures and, in the case of a concentrate or other cargo which may liquefy, additional information in the form of a certificate indicating the moisture content of the cargo and its transportable moisture limit;

(c)in the case of bulk cargoes which are not classified in accordance with Regulation VII/2 of the SOLAS Convention, but have chemical properties that may create a potential hazard, information on its chemical properties in addition to that required by paragraph (1)(b).

(2) The information shall be confirmed in writing and by appropriate shipping documents prior to loading the cargo on the ship.

(3) In preparing cargo units for carriage by ships, the shipper or, as the case may be, the forwarder shall ensure that the gross mass of such units is in accordance with the gross mass declared on the shipping documents.

(4) Where the shipper does not deliver the cargo to the ship or its agent he shall provide the forwarder with such cargo information.

(5) If the shipper does not deliver the cargo to the ship or its agent it shall be the duty of the forwarder to provide the operator or master with the appropriate cargo information.

(6) If a shipper or forwarder fails to provide appropriate cargo information as required by this regulation, or furnishes cargo information which he knows or ought to have known to be false, he shall be guilty of an offence.

(7) If an operator or master accepts for carriage, or takes or receives on board any cargo for which appropriate cargo information as required by this regulation has not been furnished, he shall be guilty of an offence.

Carriage of documentation

5.-(1) The operator and master of every ship to which these Regulations apply, other than a ship engaged in the carriage of grain, shall ensure that appropriate documentation on cargo stowage and securing is carried on board.

(2) Such documentation may consist of one or more of the following Codes of Safe Practice:

(a)the Code of Safe Practice for Cargo Stowage and Securing adopted by the Organisation by Resolution A.714(17), 1992 edition;

(b)the Code of Safe Practice for Ships Carrying Timber Deck Cargoes adopted by the Organisation by Resolution A.715(17), 1992 edition; and

(c)the Code of Safe Practice for Solid Bulk Cargoes (BC Code) adopted by the Organisation by Resolution A.434(XI), 1991 edition.

(3) The operator and master of every ship carrying grain to which these Regulations apply shall ensure that the International Grain Code is carried on board.

(4) An operator or master who contravenes paragraphs (1) or (3) shall be guilty of an offence.

Stowage and securing

6.-(1) The operator and master shall ensure that:

(a)cargo and cargo units carried on or under deck are loaded, stowed and secured so as to prevent as far as is practicable, throughout the voyage, damage or hazard to the ship and the persons on board, and loss of cargo overboard;

(b)appropriate precautions are taken during loading and transport of heavy cargoes or cargoes with abnormal physical dimensions to ensure that no structural damage to the ship occurs and to maintain adequate stability throughout the voyage; and

(c)appropriate precautions are taken during loading and transport of cargo units on board ro-ro ships, especially with regard to the securing arrangements on board such ships and on the cargo units and with regard to the strength of the securing points and lashings.

(2) Where packaged goods have been packed in to or on to a cargo unit, the shipper or forwarder of such goods shall ensure that:

(a)the cargo is packed and secured so as to prevent, throughout any voyage, damage or hazard to the ship and the persons on board; and

(b)if the cargo unit is a container, it is not loaded to more than the maximum gross weight indicated on the Safety Approval Plate attached to the container in accordance with the International Convention for Safe Containers (CSC 1972), published by the Organisation.

(3) (a) An operator or master who contravenes paragraph (1) shall be guilty of an offence;

(b)a shipper or forwarder who contravenes paragraph (2) shall be guilty of an offence.

Oxygen analysis and gas detection equipment

7.-(1) In the case of a ship transporting or accepting for transport a bulk cargo which is liable to emit a toxic or flammable gas, or cause oxygen depletion in the cargo hold, an appropriate instrument for measuring the concentration of gas or oxygen in the air shall be provided together with detailed instructions for its use. Such an instrument shall be of a type approved by a Certifying Authority, and the crew shall be trained in its use.

(2) The operator of a ship which transports, or the master who accepts for carriage, such a bulk cargo without ensuring that paragraph (1) has been complied with shall be guilty of an offence.

The use of pesticides in ships

8.-(1) Where pesticides are used in cargo spaces, they shall be used in accordance with Merchant Shipping Notice M.1534 ("Recommendations on the Safe Use of Pesticides in Ships").

(2) If paragraph (1) is not complied with the operator and master shall each be guilty of an offence.

PART IIISpecial Provisions For Bulk Cargoes Other Than Grain

Acceptability for loading

9.-(1) Prior to loading a bulk cargo the master shall be in possession of approved stability information, as required by the Merchant Shipping (Load Line) Rules 1968(4), containing comprehensive information on the ship's stability and on the distribution of cargo and ballast for the standard loading conditions.

(2) The master shall not accept for loading concentrates or other cargoes which may liquefy unless either the moisture content of the cargo indicated in the certificate referred to in regulation 4(1)(b) is less than its transportable moisture limit or appropriate safety arrangements are made to the satisfaction of the Certifying Authority to ensure adequate stability in the case of cargo shifting, and the ship has adequate structural integrity.

(3) Prior to loading a bulk cargo referred to in regulation 4(1)(c), appropriate special precautions for its safe carriage shall be taken.

(4) The operator shall ensure that the master is furnished with the information referred to in paragraph (1).

(5) The master shall not accept cargo for loading unless:

(a)he has in his possession the information required by paragraph (1),

(b)he is satisfied by calculations that the proposed loading arrangements would not breach the stability information provided under paragraph (1), and

(c)he is satisfied that, in the case of a cargo to which paragraph (3) applies, the precautions required by that paragraph have been taken.

(6) An operator who contravenes paragraph (4) shall be guilty of an offence.

(7) A master who contravenes paragraph (2) or (5) shall be guilty of an offence.

Stowage of bulk cargo

10.-(1) The master shall ensure that bulk cargoes are loaded and trimmed reasonably level, as necessary, to the boundaries of the cargo space so as to minimize the risk of shifting.

(2) When bulk cargoes are carried in 'tween decks, the master shall ensure that the hatchways of such 'tween decks shall be closed in those cases where the loading information indicates an unacceptable level of stress of the bottom structure if the hatchways are left open. The cargo shall be trimmed reasonably level and shall either extend from side to side or be secured by additional longitudinal divisions of sufficient strength. The safe load-carrying capacity of the 'tween decks shall be observed to ensure that the deck-structure is not overloaded.

(3) A master who contravenes paragraph (1) or (2) shall be guilty of an offence.

PART IVRequirements for Cargo Ships Carrying Grain

International Grain Code

11.-(1) A ship carrying grain shall comply with the requirements of the International Grain Code.

(2) Without prejudice to paragraph (1) or any other requirement of these Regulations, the operator and master shall ensure that:

(a)a ship loading grain complies with the International Grain Code; and

(b)subject to paragraph (4)(b), the ship has on board a document of authorisation as required by the International Grain Code. In the case of a United Kingdom ship the document of authorisation shall be issued by the Certifying Authority.

(3) Except when a ship may be in distress, the operator and master shall not permit a ship loaded with grain in bulk outside the United Kingdom to enter any port in the United Kingdom so laden, unless the ship has been loaded in accordance with the International Grain Code.

(4) No person shall order the commencement of the loading of grain into a ship in the United Kingdom unless he is satisfied that:

(a)the ship has on board a document of authorisation referred to in paragraph (2)(b); or

(b)the master has demonstrated to the satisfaction of the Certifying Authority that the ship will, in its proposed loading condition, comply with the appropriate requirements of the International Grain Code and has obtained a document to this effect signed by a surveyor of such a Certifying Authority.

(5) An operator or master who contravenes paragraph (2) or (3) shall be guilty of an offence.

(6) A person who contravenes paragraph (4) shall be guilty of an offence.

PART VEnforcement

Power to detain

12. In any case where a ship does not comply with the requirements of these Regulations the ship shall be liable to be detained and section 284 of the Merchant Shipping Act 1995 (which relates to the detention of a ship) shall have effect in relation to the ship, subject to the modification that as if for the words "this Act", wherever they appear, there were substituted the words "the Merchant Shipping (Carriage of Cargoes) Regulations 1997".

Penalties and defences

13.-(1) A person guilty of an offence under Part II, III or IV of these Regulations shall be liable on summary conviction to a fine not exceeding the statutory maximum or, on conviction on indictment, to imprisonment for a term not exceeding two years or a fine or both.

(2) In any proceedings for an offence under Part II, III or IV of these Regulations it shall be a defence for a person to prove that all reasonable steps had been taken by that person to ensure compliance with the Regulations.

Offences due to the fault of another person

14. Where the commission by any person of an offence under Part II, III or IV of these Regulations is due to the act or default of some other person, that other person shall be guilty of the offence. A person may be charged with and convicted of the offence by virtue of this Regulation whether or not proceedings are taken against the first mentioned person.

Equivalents and exemptions

15.-(1) Where these Regulations, or information referred to in these Regulations, require that a particular piece of equipment, or type thereof, shall be provided or carried in a ship, or that any particular provision shall be made, the Certifying Authority shall permit any other piece of equipment to be provided or carried, or any other provision to be made in that ship if he is satisfied by trials thereof or otherwise that such other piece of equipment or provision is at least as effective as that required by these Regulations, or information referred to in these Regulations.

(2) For the purposes of these Regulations, the results of verification and tests carried out by bodies or laboratories of other member States of the Organisation offering suitable and satisfactory guarantees of technical and professional competence and independence shall be accepted.

(3) The Secretary of State may exempt any ship from all or any of the provisions of these Regulations as may be specified in the exemption on such terms (if any) as he may specify and, depending on the circumstances, he may also alter or cancel such an exemption.

Explanatory Note

(This note is not part of the Regulations)

These Regulations give effect, in relation to sea-going United Kingdom cargo carrying ships and to other sea-going cargo carrying ships while they are within the United Kingdom or the territorial waters thereof, to the amendments to Chapter VI of the International Convention for the Safety of Life at Sea 1974 adopted on 23rd May 1991 by the Maritime Safety Committee of the International Maritime Organisation at its fifty-ninth session by Resolution MSC.22(59); and revoke and replace the Merchant Shipping (Grain) Regulations 1985.

The Regulations require appropriate information relevant to the cargo and its stowage and securing to be provided in advance of loading (regulation 4).

Ship operators and masters of United Kingdom cargo carrying ships, and of non-United Kingdom cargo carrying ships, are required to carry Codes of Safe Practices, or equivalent information, (regulation 5 and 11). The contents of one of these Codes (the International Grain Code) are made mandatory for ships carrying grain (regulation 11), and penalties are provided for breaches of certain provisions of that Code.

Information on the ships' stability and on the distribution of cargo for the standard loading conditions is to be supplied by the operator and to be in the possession of the master before loading (regulation 9).

Copies of the Safety of Life at Sea Convention 1974, and amendments, of the various Codes referred to in the Regulations and of the Convention for Safe Containers 1972 are obtainable from the International Maritime Organisation, 4 Albert Embankment, London SE1 7SR.

Merchant Shipping Notices are obtainable from Eros Marketing Support Services, Unit B, Imber Court Trading Estate, Orchard Lane, East Molesey, Surrey KT8 0BN.

A compliance cost assessment has been prepared and copies can be obtained from the Marine Information Centre of the Marine Safety Agency, Department of Transport, Spring Place, 105 Commercial Road, Southampton SO15 1EG. A copy has been placed in the library of each House of Parliament.