Section 10
{1)
of Merchant Shipping (Standards of Training, Certification and Watchkeeping) Regulations, 2002
The Director may authorise an officer of the Marine Department to board any ship 969
{a) to verify that all seafarers serving on board who are required to be certificated in accordance with the Convention hold an appropriate certificate or a valid dispensation, or provide documentary proof that an application for an endorsement has been submitted to the foreign maritime administration in accordance with paragraph 5 of regulation I/10 of the
Convention;
{b)
to verify that the numbers and certificates of the seafarers serving on board are in conformity with the applicable safe manning requirements;
and
{c) to assess, in accordance with section A-114 of the STCW Code, the ability of the seafarers of the ship to maintain watchkeeping standards as required by the Convention if there are clear grounds for believing that such standards are not being maintained because any of the following has occurred-
(i)
the ship has been involved in a collision, grounding or stranding;
(ii)
there has been a discharge of substances from the ship when under way, at anchor or at berth which is illegal under any international convention;
(iii)
the ship has been manoeuvred in an erratic or unsafe manner whereby routeing measures adopted by the IMO or safe navigation practices and procedures have not been followed; or
(iv)
the ship is otherwise being operated in such a manner as to pose a danger to persons, property or the environment.
(2)
Deficiencies which may be deemed to pose a danger to persons, property or the environment include the following
{a) failure of seafarers to hold a certificate, to have an appropriate certificate, to have a valid dispensation or to provide documentary proof that an application for an endorsement has been submitted to the foreign maritime administration in accordance with paragraph 5 of regulation 1/10 of the Convention; -··
{b) failure to comply with the applicable safe manning requirements;
{c) failure of navigational or engineering watch arrangements to conform to the requirements specified for the ship as specified in the Fourth
Schedule;
{d) absence in a watch of a person qualified to operate equipment essential to safe navigation, safety radio communications or the prevention of marine pollution; and
{e)
inability to provide for the first watch at the commencement of a voyage, and for subsequent relieving watches, persons who are sufficiently rested and otherwise fit for duty.
970
(3}
Failure to correct any of the deficiencies referred to in sub-regulation
(2)
, in so far as it has been determined by the Director that they pose a danger to persons, property or the environment, shall be the grounds, under these
Regulations, on which the Director may cause a ship to be detained.
(4)
Every company or person with the relevant knowledge shall report-
(a} the incompetence of officers, and any act or omission, that may pose a direct threat to safety of life or property at sea or to the marine environment by the holders of certificates or endorsements issued under the
Order or these Regulations;
(b)
persons who have obtained engagement by fraud or a forged document in any capacity which is to be performed by persons holding appropriate certificates.
(5)
Where the report is in relation to the incompetence of a certificated person or the performance of the functions by an unauthorised person 1 the report and the results of the investigation shall be forwarded to the Director for necessary action as specified in these Regulations.
16)
Where the report deals with fraudulent act, the Director shall report the case to the police for action.
17)
A company which fails to report as required under sub-regulation 14)
shall be guilty of an offence and liable on conviction to a fine not exceeding
$10,000.
18)
Any master who has permitted any function or service in any capacity required by these Regulations to be performed by a person holding an appropriate certificate/ to be performed by a person not holding the required certificate/ a valid dispensation or a documentary proof of having submitted his certificate for endorsement to the Director, shall be guilty of an offence and liable on conviction to a fine not exceeding $10,000.
19)
Where a Party to the Convention intends to initiate any proceedings against any Brunei Darussalam registered shipping company or person for non-compliance with the Convention under its jurisdiction, the Director, after due verification of the facts, shall extend all co-operation to such Party.
(10)
In every such case as mentioned in sub-regulation 19), the Party concerned shall not have the power to cancel or suspend any of the certificates issued under these Regulations. Such Party may cancel or suspend the endorsement made by them on such certificate and inform the Director of the action taken and where considered necessary, the Director may make further inquiry to determine the action to be taken.
971
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Conduct of trials.