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Requirements for Determination of Minimum Crew for Passenger Ships and for Ships of Gross Tonnage 20 or More
[RTL 2005, 111, 1709 - entry into force 13.11.2005]

Passed 12.12.2002 No. 36
RTL 2002, 143, 2095
Entry into force 01.01.2003

Amended by the following legal instruments (show)

The Regulation is established on the basis of subsection (5) of § 21 of the Maritime Safety Act.

Chapter 1 GENERAL PROVISIONS 

§ 1.  Principles of determination of minimum crew for ships

 (1) The requirements for determination of the minimum crew shall be established with regard to all passenger ships and other types of ships of gross tonnage 20 or more.
[RTL 2005, 111, 1709 - 13.11.2005]

 (2) In determining the minimum crew of a ship, it shall be taken into consideration that the minimum crew must be capable of:
 1) maintaining safe navigational, engineering and radio watches in accordance with Regulation VIII/2 of the International Convention on Standards of Training, Certification and Watchkeeping for Seafarers, 1978/1995 (STCW 1978 /1995), and with other legislation, and ensuring the safety of the ship;
 2) operating the main propulsion and auxiliary machinery of the ship and maintaining them in working order to enable the ship to overcome the foreseeable perils of the voyage;
 3) berthing and un berthing the ship safely;
 4) preventing damage to the marine environment;
 5) implementing safety measures to minimize the risk of fire and keeping compartments clean;
 6) providing medical care on board;
 7) ensuring safe carriage of cargo during voyage;
 8) inspecting and maintaining the structural integrity and equipment of the ship;
 9) securing all watertight closing arrangements, and maintaining the closing latches and equipment in working condition, and also fulfilling the duties specified in the muster list;
 10) operating on-board fire-fighting and emergency equipment and life-saving appliances, carrying out the required maintenance of this equipment, and ensuring the gathering of all persons on board at muster stations and their evacuation;
 11) operating according to the ship security plan.
[RTL 2005, 16, 162 – entry into force 30.01.2005]

§ 2.  Implementation of international and national requirements

  In determining the minimum crew of a ship, the following principles of international conventions and national legislation shall be taken into account:
 1) watchkeeping arrangements;
 2) working and rest time;
 3) the International Safety Management Code (ISM Code);
 4) certification of seafarers;
 5) training and qualification of seafarers;
 6) health protection and hygiene on board;
 7) provision of food and drinking water;
 8) accommodation on board;
 9) ship security.
[RTL 2005, 16, 162 – entry into force 30.01.2005]

§ 3.  Ensuring shipboard functions

  In ensuring shipboard functions, the following factors shall be taken into account:
 1) preparation of all personnel on board for using fire protection and emergency equipment, lifesaving appliances and watertight closing arrangements;
 2) specialized training requirements for particular types of ships;
 3) the preparedness to undertake emergency duties and responsibilities, as necessary;
 4) the need to provide training opportunities for entrant seafarers to allow them to gain the training and experience needed;
 5) security requirements.
[RTL 2005, 16, 162 – entry into force 30.01.2005]

Chapter 2 DETERMINATION OF MINIMUM CREW 

§ 4.  The purpose of determining the minimum crew

  The purpose of determining the minimum crew of a ship is to ensure that its complement includes the capacities and number of persons required for the safe operation and security of the ship, and the protection of the marine environment.
[RTL 2005, 16, 162 – entry into force 30.01.2005]

§ 5.  General requirements

  In determining the minimum crew of a ship, the following factors shall be taken into account:
1) size and type of ship;
 2) number, size and type of main propulsion units and auxiliaries;
 3) extent of automatic performance of the ship;
 4) construction and equipment of the ship;
 5) method of maintenance used;
 6) cargo to be carried;
 7) frequency of port calls, length and nature of voyages to be undertaken;
 8) navigational area;
 9) extent to which training activities are conducted on board;
 10) work ing and rest time limits;
 11) ship security.
[RTL 2005, 16, 162 – entry into force 30.01.2005]

§ 6.  Determining the minimum crew

 (1) Determination of the minimum crew of a ship shall be based on performance of various functions at the management and operational level.

 (2) Navigation:
 1) plan and conduct safe navigation, maintain a safe navigational watch in accordance with the requirements of the STCW Code, and manoeuvre and handle the ship in all conditions;
 2) berth and un berth the ship safely.

 (3) Cargo handling:
 1) safe cargo loading, unloading, stowage and securing;
 2) check the cargo to be carried on board and ensure its safety.

 (4) Operation of the ship:
 1) maintain the safety and security of the persons on board and keep life-saving, fire-fighting and other safety systems in operational condition;
 2) operate and maintain all watertight closing arrangements;
 3) perform operations, as appropriate, to muster and evacuate the persons on board;
 4) prevent marine pollution;
 5) ensure provision of medical care on board the ship;
 6) transfer the general command of the ship.

 (5) Marine engineering:
 1) operate and monitor the ship’s main propulsion and auxiliary machinery, evaluate the performance of such machinery and maintain a safe engineering watch in accordance with the requirements of the STCW Code;
 2) manage and perform fuel and ballast operations;
 3) maintain the ship’s engine equipment and systems;
 4) operate the ship’s electrical and electronic equipment and systems, and maintain their safety.

 (6) Radiocommunications:
 1) transmit and receive information using the radio equipment of the ship:
 2) maintain a safe radio watch in accordance with the requirements of the I nternational Telecommunication Union Radio Regulations and the SOLAS Convention;
 3) provide radio services in emergencies.

 (7) Maintenance and repair:
carry out maintenance and repair work to the ship and its machinery, equipment and systems, as appropriate to the method of maintenance and repair used by the shipowner.

§ 7.  Additional factors for determination of minimum crew

 (1) On a ship that has adopted a three-watch system, it is not necessary for the master to keep regular watches.

 (2) On a ship with a periodically unmanned engine room or on a ship that has adopted a three - watch system, it is not necessary for the chief engineer to keep regular watches.

 (3) The number of crew members required to meet peak workload situations and conditions, with due regard to the number of hours of shipboard duties and rest periods assigned to seafarers.

 (4) The capability of the master and the crew members to co-ordinate the activities necessary for the safe operation of the ship, ensuring security and the protection of the marine environment.

 (5) Provision of food and drinking water for all persons on board.
[RTL 2005, 16, 162 – entry into force 30.01.2005]

Chapter 3 OBLIGATIONS OF OPERATOR 

§ 8.  Obligations of operator

 (1) The operator shall submit a proposal for the minimum crew of a ship according to the form of the minimum safe manning document.

 (2) In preparing a proposal for the minimum crew of a ship, the operator shall apply the principles of this Regulation and shall consider:
 1) the functions of crew members for safe and secure operation of the ship, for protection of the marine environment, and for dealing with emergency situations and evacuation of passengers;
 2) the number and posts of crew members to fulfil their duties; and
 3) that the minimum crew is adequate at all times and in all respects, including meeting peak workload situations, conditions and requirements, and is in accordance with the principles of this Regulation.

 (3) The operator shall ensure that the master, officers and other crew members are not required to work overtime. Also, the master shall ensure that crew members are not required to work overtime.
[RTL 2005, 16, 162 – entry into force 30.01.2005]

§ 9.  Change of minimum crew

  The operator shall prepare and submit a new proposal for the minimum crew of a ship in the case of changes which affect the safe manning level, and in the case of changes in:
 1) navigational area;
 2) construction, machinery or equipment;
 3) the method of operation and maintenance of the ship.

Chapter 4 ISSUE OF THE MINIMUM SAFE MANNING DOCUMENT 

§ 10.  Obligations of Maritime Administration

 (1) The Maritime Administration shall review and evaluate a proposal for the minimum crew of a ship submitted by a n operator to ensure that:
 1) the proposed ship’s complement contains the number and grades/capacities of personnel to fulfil the tasks, duties and responsibilities required for the safe and secure operation of the ship, for protection of the marine environment and for dealing with emergency situations;
 2) the work ing and rest time of the master, officers and other crew members is in compliance with the established requirements.

 (2) The Maritime Administration shall require a n operator to amend a proposal for the minimum crew of a ship if the proposal fails to comply with the requirements of Chapter II.
[RTL 2005, 16, 162 – entry into force 30.01.2005]

§ 11.  Issue of minimum safe manning document

 (1) The Administration shall issue a minimum safe manning document if the proposed minimum crew is established in accordance with the requirements of this Regulation and is adequate in all respects for the safe operation of the ship and for the protection of the marine environment.

 (2) [Repealed.]
[RTL 2005, 111, 1709 – entry into force 13.11.2005]

 (3) When issuing the minimum safe manning document to non-propelled ships, including floating docks, their standing and towing conditions shall be taken into consideration.

§ 12.  Validity of minimum safe manning documents

 (1) A minimum safe manning document shall be issued for up to five years.

 (2) [Repealed.]
[RTL 2005, 111, 1709 – entry into force 13.11.2005]

 (3) The certificates issued on the basis of Regulation N o. 5 of the Minister of Transport and Communications of 29 January 1998, Guidelines for Establishing Minimum Safe Manning of Ships (RTL 1998, 58/59, 266; 1999, 116, 1545) shall be valid until their expiry date.

§ 13.  Revocation of minimum safe manning document

  The Maritime Administration shall revoke a ship’s minimum safe manning document if:
 1) changes in the navigational area, construction, machinery, equipment or operation and maintenance of the ship have taken place which affect the minimum safe manning level;
 2) the operator fails to submit a new proposal for the minimum crew of a ship as required in § 9;
 3) requirements for work ing and rest time have been seriously violated.

§ 14.  Entry into force

  This Regulation enters into force on 1 January 2003.

Correction notice
Subsection 12 (2) of Regulation No. 36 of the Minister of Economic Affairs and Communications of 12 December 2002 was repealed by Regulation No. 133 of the Minister of Economic Affairs and Communications of 31 October 2005