(1)
| (a) |
In this regulation "terminal representative" means an individual who represents the terminal or other facility where the ship is loading or unloading and who has responsibility for operations conducted by that terminal or facility with regard to the particular ship. |
| (b) |
For the purposes of subregulations (3) and (7), the appropriate authority in the Republic is the harbour authority of the port at which the ship is. If a terminal in the port is not operated by the harbour authority, then the person under whose control are the activities at the terminal is the appropriate authority. |
| (2) |
To enable the master to prevent excessive stresses in the ship's structure, the owner must ensure that the ship is provided with a cargo loading manual in a language with which the ship's officers responsible for cargo operations are familiar. If this language is not English, the ship is to be provided with a manual also in the English language. The manual may consist of one or more booklets and must, as a minimum, include— |
| (a) |
stability data, to the extent required by regulation II-1/22 of the Safety Convention; |
| (b) |
ballasting and deballasting rates and capacities; |
| (c) |
maximum allowable load per unit surface area of the tank top plating; |
| (d) |
maximum allowable load per hold; |
| (e) |
general loading and unloading instructions with regard to the strength of the ship's structure, including any limitations on the most adverse operating conditions during loading, unloading, ballasting operations and the voyage; |
| (f) |
any special restrictions, such as limitations on the most adverse operating conditions, imposed by the Administration (if applicable); and |
| (g) |
where strength calculations are required, maximum permissible forces and moments on the ship's hull during loading, unloading and the voyage. |
| (3) |
Before loading or unloading a bulk cargo, the master and the terminal representative must agree on a plan (in this regulation called a cargo loading plan) that— |
| (a) |
ensures that the permissible forces and moments on the ship are not exceeded during loading or unloading; and |
| (b) |
includes the sequence, quantity and rate of loading or unloading, |
taking into account the intended speed of loading or unloading, intended number of pours and the deballasting or ballasting capability of the ship. The plan and any subsequent amendment to it must be lodged with the appropriate authority of the port State.
| (4) |
The master must ensure that bulk cargoes are loaded and trimmed reasonably level, as necessary, to the boundaries of the cargo space so as to minimise the risk of shifting and to ensure that adequate stability will be maintained throughout the voyage. |
| (5) |
Where bulk cargoes are carried in 'tween-decks, the master must ensure that— |
| (a) |
the hatchways of the 'tween-decks are closed in those cases where the loading information indicates an unacceptable level of stress of the bottom structure if the hatchways are left open; |
| (b) |
the cargo is trimmed reasonably level and either extends from side to side or is secured by additional longitudinal divisions of sufficient strength; and |
| (c) |
the safe load-carrying capacity of the 'tween-decks is observed to ensure that the deck-structure is not overloaded. |
| (6) |
The master and terminal representative must ensure that loading and unloading operations are carried out in accordance with the cargo loading plan. |
(7)
| (a) |
If during loading or unloading any of the limits of the ship referred to in subregulation (2) are exceeded or are likely to become so if the loading or unloading continues, the master has the right to suspend operation and the duty to notify accordingly the appropriate authority of the port State with which the cargo loading plan has been lodged. |
| (b) |
Where paragraph (a) applies, the master and terminal representative must ensure that corrective action is taken. |
| (c) |
When unloading cargo, the master and terminal representative must ensure that the unloading method does not damage the ship's structure. |
| (8) |
The master must ensure— |
| (a) |
that ship's personnel continuously monitor cargo operations; |
| (b) |
where practicable, that the ship's draught is checked regularly during loading or unloading to confirm the tonnage figures supplied, and that each draught and tonnage observation is recorded in a cargo log-book; and |
| (c) |
if significant deviations from the cargo loading plan are detected, that cargo or ballast operations, or both, are adjusted to correct the deviations. |
| (9) |
Every owner who contravenes subregulation (2) commits an offence. |
| (10) |
Every master who contravenes subregulation (3), (4), (5), (6), (7)(b) or (c), or (8) commits an offence. |
| (11) |
Every terminal representative in the Republic who contravenes subregulation (3), (6), or (7)(b) or (c) commits an offence. |
Older Persons Act, 2006
