Merchant Shipping (Official Log-Books) Regulations, 2007

These Regulations may be cited as the Merchant Shipping (Official Log-Books) Regulations, 2007.

Interpretation.

"country" includes a territory;

"entry" means an entry in an official log-book, including an entry contained in a separate document annexed to any official log-book in accordance with regulation 7, of any particulars specified in column 1 in any paragraph of the

First Schedule and an entry amending or cancelling such an entry;

"load line certificate" includes a local freeboard certificate;

"officer" means an officer qualified for the purposes of section 2;

"Safety Regulations" means the Merchant Shipping (Safety Convention)

Regulations, 2003 (S 57/03) or the Merchant Shipping (Non-Convention

Ships) Safety Regulations, 1984 (S 28/84);

"seaman", in paragraphs 15, 17 and 28 of the First Schedule, includes the master of a ship.

Log-book.

Subject to the provisions of the Order and of regulations made thereunder, entries of particulars specified fa) in column 1 in each paragraph of Part I of the First Schedule shall be made in the official log-book;

(ll Each entry shall be made in the official log-book by the person (or by a person authorised by any such person for that purpose) specified in column 2 in each paragraph of the First Schedule.

If an entry which is to be signed or witnessed by a master or by a person who is a member of the crew is not made, signed and witnessed in accordance 1639

BRUNEI DARUSSALAM GOVERNMENT GAZETTE with these Regulations, the master of the ship at the time when the entry is or should have been made, signed and witnessed shall be guilty of an offence.

Separate document to be used when entry is lengthy.

If it is not practicable by reason of its length, the circumstances in which it is to be made or for any other reason for an entry to be contained in the official log-book, it shall be contained in a separate document annexed to the official log-book and referred to in any entry in the official log-book; and reference in these Regulations to an official log-book include reference to any document annexed to an official log-book in accordance with this regulation.

Entries to be entered when official log-book is opened.

First Schedule shall be made at the time when an official log-book is opened;

and-fa) a further entry of particulars specified in paragraph 3 of the

First Schedule shall be made as soon as practicable after any change of the master; and

{b)

a further entry of particulars specified in paragraph 35 of the First

Schedule shall be made as soon as practicable after a new load line certificate is issued in respect of the ship under section 125.

Any person may, with the approval of the Director, request for a search or copies of the official log-book of a ship upon payment of the fees as prescribed in the Second Schedule.

Penalty.

Any person who contravenes or fails to comply with these Regulations shall be guilty of an offence and liable on conviction to a fine not exceeding $2,000.

1642

FIRST SCHEDULE

(regulations 2, 4, 5 and 8)

ENTRIES REQUIRED TO BE MADE IN THE OFFICIAL LOG-BOOKS

PART I

ENTRIES RELATING TO EVERY SHIP

Particulars of entry

1.

Signatory

The name of the ship, its port of The master.

registry, official number and gross and nett registered tonnage.

Witness

None.

2. The name and address of the The master.

None.

registered owner or ship's manager.

3. The name of the master and the The master.

None.

number of his certificate of competency and issuing authority.

4. Where a person ceases to be the The master in person None.

master of the ship during a voyage, a and the former record that he has delivered to his master in person.

successor the documents relating to the ship or its crew which are in his custody.

5. The date on and place at which the The master.

official log-book is opened.

None.

6. The date on and place at which the The master.

None.

official log-book is closed.

7. A record of the date and hour of The master in person.

An officer.

departure for sea from, and arrival from sea at, any dock, wharf, anchorage, port or harbour.

1643

Particulars of entry 8.

Signatory

A record of each occasion on The master.

which, in accordance with the Safety

Regulations, a muster, drill or training of the crew in the use of life-saving and fire appliances and equipment is held on board the ship or on which the appliances and equipment required by the rules for life-saving appliances to be carried are examined to see whether they are fit and ready for use; and of the result of any such examination.

9. Where a muster, drill or inspection The master.

is not held on board the ship when required by the Safety Regulations, a record of why the muster, drill or inspection, as the case may be 1 was not so held or held only in part.

10. Where any of the following

The master.

casualties has occurred

{a} the loss or presumed loss, stranding, grounding, abandonment of or damage to the ship;

{b J a loss of life caused by fire on board or by any accident to the ship or a ship's boat, or by any accident occurring on board the ship or a ship's boat; or

{c) any damage caused by the ship, a description of the casualty and the place where, or the position of the ship when, it occurred.

Witness

A member of the crew.

A member of the crew.

A member of the crew.

1644

Particulars of entry 11.

Signatory

A record of every signal of distress The master in person.

or a message that a vessel, aircraft or person is in distress at sea observed or received.

12. Where the master, on receiving at

The master in person.

sea a signal of distress or information from any source that a vessel or aircraft is in distress, is unable, or in the special circumstances of the case considers it unreasonable or unnecessary to go to the assistance of the persons in distress, a statement of his reasons for not going to the assistance of those persons.

13. Where a dispute relating to the amount payable to a seaman under a crew agreement is submitted to the

Director under section 63 -

(a} a statement of the dispute;

(i)

a record of his decision; or

(ii)

a statement that he is of the opinion that the dispute ought not to be decided by him.

14. A record of-

1645

(a} every seaman discharge from the ship; and

The Director.

The person in whose presence the seaman is discharged, or if the seaman is not present at the time he is discharge, the master.

Witness

A member of the crew.

A member of the crew.

None.

A member of the crew.

!

Particulars of entry 15.

Signatory

Where a seaman is left behind in

The master.

any country outside Brunei Darussalam or is taken to such a country on being shipwrecked, a record of -

{a) the name of the seaman;

{b) the date on which and the place at which the seaman was left behind;

{c) the reason, if known to the master, for the seaman being left behind;

{d) any provision made by the master on the seaman's employer's behalf to ensure that the Director is informed that the seaman has been left behind and is given the information referred to in regulation 4( 1) of the Merchant

Shipping

(Repatriation)

Regulations, 2007; and

{e) the seaman's employer being informed that the seaman has been left behind and of the employer being given any particulars required by him.

Witness

A member of the crew.

1646

Particulars of entry

16.

Signatory

Where, in pursuance of regulation 9

The master.

of the Merchant Shipping (Repatriation)

Regulations,

2007, the master is required by the Director to convey a person under a conveyance order, a record of-

{a} the conveyance order identifying the person to whom it relates;

{b) any direction received by the master in u:::i:>p~::~..-L of any such requirement, specifying the direction given; and

{c) whether the person is engaged as a member of the crew and, if not-

(i)

the date on which and the place at which he came on board the ship; and

17. In respect of a seaman referred to The master.

in an entry made pursuant to paragraph 15, a record of 1647

{a} whether he left any property

(including money) on board the ship;

Merchant

Shipping

(Repatriation)

Regulations,

2007 specifying each item of such property;

Witness

A member of the crew.

A member of the crew.

Particulars of entry

of the

Merchant

Shipping

(Repatriation)

Regulations,

2007, and the price received for it;

of the

Merchant

Shipping

(Repatriation)

Regulations,

2007 and the name of the person to whom disposal was made; and

Merchant

Shipping

(Repatriation)

Regulations,

2007 specifying the person

(whether the seaman, his employer or his next of kin) to whom the delivery was made and the date, place and manner of delivery.

Signatory

18.

Witness

A record of any inspection of the The persons making

None.

provisions and water to be supplied to the inspection.

seamen employed in the ship with the result of the inspection.

1648

Particulars of entry 31st. DECEMBER, 2007

Signatory

19.

Witness

Where 3 or more seamen employed The master

(sub-One of the in the ship complain to the master paragraphs {a) to {e)).

seamen under section 74 (which relates to making the complaints about provisions and water)

about the provisions or water provided for the seamen employed in the ship, a record of-

{a) the names of the seamen making the complaint;

{b) the complaint specifying-

(whether because of bad quality, unfitness for use or deficiency in quantity);

{c) action taken by the master on the complaints;

{e) if the seamen claim to complain to the

Director, the arrangements made by the master to enable the seamen to complaint.

do so;

The

Director

(sub-None.

{f) the investigations of the paragraph {fJl.

complaint by the Director; and 1649

Particulars of entry

Signatory

of The person making made the inspection (sub-paragraph (g)).

20. Where a seaman employed in the The master

(sub-ship complains to the master under paragraphs (a) to (e)).

section 75 [which relates to complaints other than complaints about provisions and water) about the master or any other seaman employed on board the ship or about the condition of the ship, a record of-

Director;

complaint by the Director.

Witness

None.

The seaman making the complaint.

None.

1650

Particulars of entry 21.

Signatory

Where by reason of any event it

The master in person.

appears to the master that an officer

(i)

the name of the officer and the grade and number of his certificate;

to (iii)

have been read over to the officer by the master, and if they are not read over, the reason for not doing so.

22. A record of any re-rating (including The master.

promotion) of a seaman, with the date upon which there-rating takes effect.

1651

Witness

An officer other than the officer referred to in an entry under sub-paragraph

A member of the crew.

Particulars of entry 23.

Signatory

Where a seaman is convicted by a

The master.

court of law of any offence committed in the ship during a voyage, a record of the conviction and of the punishment inflicted.

24. Where, in the opinion of the The master.

master, consideration should be given to the prosecution of any person in respect of the conduct in the ship during a voyage (whether under the

Order or otherwiseL a record

25. A record of any reduction in the

The master.

scale of provisions or water to be provided for seaman employed in the ship specifying-

Witness

A member of the crew.

A member of the crew other than the person named in an entry under sub-para-graph (b).

A member of the crew.

1652

Particulars of entry

26.

Signatory

the ship or on one of the ship's boats, a record of-

{a) (i)

the date of the birth;

(ii)

if the birth takes place at sea, the position of the ship by latitude and longitude at the time of the birth and, in any other case, the place of birth;

and

{b) (i)

the name and surname of the father;

(ii)

the country of domicile;

(v)

the occupation, rank or profession; and

1653

{a) (i)

(ii)

(iii)

(iv)

(v)

the name and surname of the mother;

her maiden surname;

the country of domicile;

the race nationality;

the registration card or number; and and national identity passport

COLUMN3

Witness

The mother of the child.

Particulars of entry

{b) the making of a return of the birth identifying the officer to whom return was made.

No particulars of the father shall be entered except at the joint request of the mother and of the person acknow I edging himself to be the father given to the master in writing and signed by both the mother and that person.

Signatory

COLUMN3 27.

Witness

Where any person dies on board The master in person

A member the ship or on a ship's boat or is lost

!sub-paragraphs {a} to of the crew.

from the ship or a ship's boat or where

{i}).

any person employed in the ship dies outside Brunei Darussalam, a record of

{a} the date of the death or loss;

{b) li)

if the death takes place on board the ship or on a ship's boat or if the deceased is lost from the ship or a ship's boat, the place of death or the position of the ship or of the ship's boat by latitude and longitude at the time of the death or loss jas the case may require); or

1654

1655

Particulars of entry

{d) the sex of the deceased;

{e) the date of birth (if known) or age;

{g) the occupation, rank or profession of the deceased;

{h) the usual residence of the deceased at the time of death or loss;

{j) (i)

the cause of death or loss;

and 31st. DECEMBER, 2007

Signatory ic?!UMN3 1

Witness

The ship's doctor, if A member there is no ship's of the crew.

doctor, the master in person

(sub-para-graph {j)(il).

(sub-paragraphs {j)(ii)

of the crew.

death or loss;

to {m)).

{k) if the deceased was lost from the ship or ship's boat, the steps taken to rescue him;

{l) the making of a return of the death, identifying the officer to whom the return was made;

and

{m) the notification of the death to the deceased's next of kin, and the name and address of the next of kin.

Particulars of entry

Signatory 28.

Witness

In respect of a seaman dying while The master in person.

A member or after being employed in the ship, a of the crew.

record of-

{a) whether he left any property

(including money) on board the ship;

{b) all such property of which the master has taken charge in pursuance of regulation 4(2){a)

of the

Merchant

Shipping

!Property of Deceased Seamen)

Regulations,

2007 specifying each item of such property;

{c) each item forming part of such property sold in pursuance of regulation 4(3J(a)

of the

Merchant Shipping (Property of

Deceased Seamen) Regulations,

2007, and the price received for it;

{d) each article forming part of such property destroyed or disposed of in pursuance of regulation 4(3){b)

of the

Merchant Shipping (Property of

Deceased Seamen) Regulations,

2007 and the name of the person to whom disposal was made; and 1656

Particulars of entry

{ej each article forming part of such property delivered to any person in pursuance of regulation 4(3) or 5(1) of the

Merchant Shipping (Property of

Deceased Seamen) Regulations,

2007

specifying to whom delivery was made, and the date, place and manner of delivery.

29. Where inquiry into the cause of a death is held pursuance to the

Merchant Shipping (Returns of Births and Deaths) Regulations, 2007, a record of-COLUMN2

Signatory

Witness fa) the name of the deceased and a

The master

(sub-None.

reference to the relevant entry paragraph fa)).

made under paragraph 27; and

{b) the name of the person holding The person holding

None.

the inquiry and the date and the inquiry

(sub-place at which the inquiry is paragraph {b)).

held.

30. Where a person employed on board The master the ship falls ill or injured, a record paragraph fa)).

of

(sub-A member of the crew.

1657

fa) the circumstances of the injury;

{b) the nature of the illness or injury or the symptoms thereof;

{c) the treatment adopted; and

{d) the progress of the illness or injury.

The ship's doctor or

(if there is no ship's doctor)

the master

[sub-paragraphs {b) to

{d)).

PART II

ENTRIES RELATING TO SHIPS TO WHICH THE MERCHANT SHIPPING

(DISCIPLINARY OFFENCES) REGULATIONS, 2007 APPLY

Particulars of entry

31.

Signatory

Where a seaman is charged with a

The master or the disciplinary offence under the officers named in an

Merchant

Shipping

(Disciplinary entry under sub-Offences) Regulations, 2007, a record paragraph {a).

of-fa) if the offence is not to be dealt with by the master, the name of the officer authorised under regulation 5(2) to exercise the powers and duties of that offence;

{b) if the offence is not dealt with within 24 hours of it coming to the notice of the master, the reason for the delay;

{c) the name of the seaman charged;

{d) the charge;

{e) that the master or the officer referred to in sub-paragraph {a)

has read the charge to the seaman;

~

{f)

(i)

if the seaman admits the charge, a statement that he admits it; or

•

Witness

A member of the crew other than the seaman named in an entry under sub-para-graph {c).

1658

{g) (i)

Particulars of entry of any particulars statement made by the seaman in answer to the charge; or

Signatory

32.

Witness

If the master remits the whole or a

The master.

part of a fine in accordance with the

None.

Merchant

Shipping

(Disciplinary

Offences) Regulations, 2007, a record of the remission, referring to the relevant entry under paragraph 31, and stating the amount remitted and the reasons for the remission.

33. Where a seaman makes an appeal against a fine, a r~cord-The master

(sub-A member paragraphs (a), (b) and of the crew

other than 1659

(i)

the seaman's notice of appeal;

!ii) the seaman's withdrawal of the appeal (if any);

I the seaman named in an entry under paragraph 3l(b).

Particulars of entry

Brunei Darussalam or at a place designated by the

Director;

Signatory

Witness

the date of receipt by the

The

Director or None.

Director or by the person person appointed by appointed by the Director the Director to hear of the notice of appeal;

the appeal

(sub-

(iiJ the identity of the person paragraph (d)).

receiving notice of the appeal;

Director of the seaman's withdrawal of appeal (if any); and

[iv) the decision of the Director or person appointed by the

Director stating whether he confirms or quashes the decision of the master and whether he remits the whole or part of the fine.

1660

Particulars of entry 31st. DECEMBER, 2007

Signatory

I COLUMN 3 34.

Witness

Where a fine has been imposed on a

The master in person.

None.

seaman for a disciplinary offence, a record 1661

fa} that the amount of the fine so far as not remitted by the master or on appeal has been paid to the Director -

(iJ identifying the seaman on whom the fine was imposed; and

[ii) specifying the amount paid;

and fb} of the receipt by the Director of The Director.

the amount specified in the entry made in pursuance of sub-paragraph {aj[ii).

None.

PART III

ENTRIES RELATING TO SHIPS IN RESPECT OF WHICH A LOAD LINE

CERTIFICATE HAS BEEN ISSUED

35.

Particulars of entry

A record of

(a} all the particulars stated in the

Load Line Certificate currently in force in respect of the ship, relating to the freeboard assigned to the ship and the positions of deckline and load lines; and

Signatory

The master.

36. ( 1) A record of -

The master.

(a} (i)

the draughts referred to in paragraph 35(b};

(ii)

the freeboard on each side of the ship; and

Witness

None.

An officer.

1662

COLUMN l

Particulars of entry

Signatory

Witness

(c)

were taken;

(i)

the density of water in which the ship was when the particulars referred to in sub-paragraph

(a)

were taken; and

(ii)

the weight of fuel, water and stores required for consumption before the ship reaches salt water;

and

.

1663

Particulars of entry except that sub-paragraphs (b), (c) and

(a} were taken, the load line indicating the maximum depth to which the ship could then be loaded in salt water was not submerged.

"freeboard" means the distance measured vertically down-wards from the upper edge of the deckline marked on the side of the ship to the surface of the water;

"mean draught"

means the mean of the draughts shown on the stem and the stern post of the ship;

"mean freeboard" means the mean of the freeboards on each side of the ship.

Signatory

Witness 1664

SECOND SCHEDULE

(regulation 12)

FEES

1.

Official log-book

$10 2.

Search of official log-book

$30 3.

Copies of entries in official log-book

$0.30 per copy

Made this 12th. day of Zulhijjah, 1428 Hijriah corresponding to the 22nd. day of December, 2007.

1665

PEHIN ORANG KAYA SERI KERNA DATO SERI SETIA

DR. HAJI AWANG ABU BAKAR BIN HAJI APONG

Minister of Communications,

Brunei Darussalam.