ระเบียบกรมเจ้าท่า ว่าด้วยการพิจารณาความประพฤติของผู้ทำการในเรือ พ.ศ. 2564

Marine Department Rule on Seafarer’s conducts

B.E. 2564 (2021)

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As Marine Department issued its Rule on Seafarer’s conduct B.E. 2563 (2020) for setting up the standard of seafarer’s conducts which will be considered for issuing Thai seafarers’ certificate under the Navigation in Thai Water Act B.E. 2456 (1913) as amended, together with Chapter VIII “the power to impose punishment for offences” of abovementioned Act which will be imposed on deliberate misconducts of seafarers including behavior discrepancy, and negligence of laws or duties. However, this Rule would not be able to provide clear grounds of seafarer’s conducts and duties, and standards as stated in international conventions ratified by Thailand. Moreover, the instruction of appropriate punishments was not included in current Rule. Therefore, to create clear grounds on standards, behaviors, and duties of seafarers, for ensuring the high standard of Thai Certificate holders, the Director General endorsed this rule as follows:

Clause 1 This Rule is named “Marine Department Rule on Seafarer’s conducts B.E. 2564 (2021)”.

Clause 2 This Rule shall enter into force from the day following the date of its publication in the Royal Gazette.

Clause 3 All Rules, announcements, or any other orders which are contrary to or inconsistent herewith shall be superseded by this Rule.

Clause 4 In this Rule:

“good seafarer’s customary” means seafarer’s customaries, traditions or norms which would be regarded from the past. It shall create a good mental feeling or behaviors. The seafarers shall also effectively responsible for their designated duties

“drug abuse” means any drugs defined in drug abuse law

“addicted to drug” means usually need and use of drugs which shall be diagnosed by professional

“liquor” means liquor defined in liquor law, not include narcotic substances and drug abuse as defined by relating laws

Clause 5 To appropriately enforce this Rule, the Director General appointed the Director of Seafarer Standard Division as “Harbor Master” under article 291 and 292 of the Navigation in Thai Water Act B.E. 2456 (1913) as amended

Clause 6 Whereas the case occurred or being informed to the Marine Department that any seafarers or certificate’s holder behaved as follows:

1. got final verdict by court on committed crime which was not negligently or misdemeanor

2. not fulfilled legally designated duties

3. neglected the Rule of the Road, or any other good seafarer’s customary

4. exhibited any negligence behaviors while on duties

5. addicted to drug abuse or liquor

The Director of seafarers standard division shall set up Seafarer Disciplinary Committee consists of the Chief of seafarers’ examination and certification as chaired, Chief of seafarers’ registration, 3 representatives from Thai shipowner association, Seafarer’s professional association, and Commercial seafarers’ alumni association (one each), 2 officers from seafarers standard division. This Committee shall have full power to investigate, call for any witnesses and evidence for examining to prove whether this seafarer committed any misconducts or not.

For the benefit of Committee’s investigation, the Director of seafarers standard division may appoint not exceed than 2 independence Navigational or Marine Engineering experts joining this Committee.

Apart from regular meetings relating to the Case, the Seafarer Disciplinary Committee shall meet at least once a year for submitting any comments on improvement, modification, or additional steps of proving and investigating scheme of Committee to the Director General for his further consideration.

Clause 7 In case of any Seafarers working on board or any Certificate’s holders were decided to be not fulfilled legally designated duties or exhibited any negligence behaviors while on duties by the Committee set up under clause 6, the Committee shall submit its comment to the Director of seafarers standard division to punish that Seafarer under Chapter VIII “the power to impose punishment for offences” of the Navigation in Thai Water Act B.E. 2456 (1913) as amended as follows:

1. For seafarers who do not comply in case of the rule of the roads or good seafarer’s customary which may not causing damages to the ship or other persons, for example, consistently be late for the navigation / engine room or port watches or shifts / act and behave in a way that will disturb other ship's personnel / improperly interfering with the work of other personnel on board / bring a person other than the ship's personnel to the ship without the permission of the Master or authorized person / request any commission or material benefit from the passengers, customers or suppliers on the ship / in the whole or certain parts of the ship, which has a risk of fire or explosion due to the cargo it carries and which has been specifically banned by the ship's captain or operator; smoking, using an open fire or using a lighter, using a lighting source not approved by the Ship Master / disrupt the periodic checks and works that he is obliged to do during the sea or port watches / not participating in the drills and emergency drills on board, the punishment is issuing official warning to that person by Marine Department. However, within 6 months after receiving abovementioned official warning, if the person commit the same case, the Committee shall additionally punish him by suspend his CoC for up to six months under Article 291 of the Navigation in Thai Water Act B.E. 2456 (1913) as amended.

2. For the presence of wanton negligence or intentional misconducts in case of the rule of the roads or good seafarer’s customary which may causing non physical damages to the ship or other persons, for example, applying harassment, intimidation, and pressure to other personnel in a way that affects the social welfare of the ship / hold an attack weapon on the ship without the permission and consent of the ship's Master or another authorized person / help the stowaways to board the ship /not deliberately helping the inspectors coming to check the flag state or port state of the ship / not being able to operate or use a working device or equipment during inspections / giving permission for any duties or services to be performed by a seafarer who does not have the relevant document or qualification which shall be performed by seafarers with the appropriate qualification, the punishment is suspension of his CoC for up to six months under Article 291 of the Navigation in Thai Water Act B.E. 2456 (1913) as amended.

3. No seafarers at any time shall operate any ships equipment or take over watch when under the influence of alcohol and consumption of alcohol also totally prohibited while on watch duty. The Alcohol limit is 0.05% and an alcohol in the breath is limit of 0.25mg/l. The punishment is suspension of his CoC for up to six months under Article 291 of the Navigation in Thai Water Act B.E. 2456 (1913) as amended.

4. For the presence of wanton negligence or intentional misconducts in case of the rule of the roads which may causing physical damages to the ship or other persons or marine pollution, for example, intentionally violence against other staffs / not following the order given by his superiors / neglect of the duty given by his superiors / take actions that endanger the ship's personnel, cargo, or sea environment / not being present for the task assigned by the supervisor without any reasonable ground, the punishment is suspension of his CoC for up to twelve months under Article 291 of the Navigation in Thai Water Act B.E. 2456 (1913) as amended.

5. For the presence of wanton negligence or intentional misconducts in case of good seafarer’s customary which may causing serious damages to the ship or other persons, for example, organizing one or more of the other seafarers for disobeying the order, neglecting the task or preventing the navigation of the ship / act verbally or physically, such as unwanted, sexually explicit discourses against the personnel on board / damaging the ship, damaging any property on the ship or throwing any property on the ship into the sea without any reasonable grounds / leaving the ship without a valid excuse, the punishment is suspension of his CoC for not less than eighteen months but not exceed than two years under Article 291 of the Navigation in Thai Water Act B.E. 2456 (1913) as amended.

6. Use, submit, or present any fraudulent documents to any Marine Department’s officers, the punishment is revocation and recalling of his CoC under Article 292 of the Navigation in Thai Water Act B.E. 2456 (1913) as amended.

7. In case of finding that any seafarers or any certificate’s holders working on board after his certificate is suspended, the punishment is revocation and recalling of his CoC under Article 292 of the Navigation in Thai Water Act B.E. 2456 (1913) as amended.

8. In case of finding that any seafarers or any certificate’s holders is addicted to drug abuse, , the punishment is revocation and recalling of his CoC under Article 292 of the Navigation in Thai Water Act B.E. 2456 (1913) as amended.

Clause 8 Whereas there will be a suspension or revocation punishment, that person shall be deemed as “Inappropriate person” as defined in Article 278 of the Navigation in Thai Water Act B.E. 2456 (1913) as amended. Then, the Director of seafarers standard division shall submit report including facts, legal comments, seafarer’s behaviors, and any relating grounds to the Director General for making the judgement to ban this person from entering to any seafarer’s examination setting up by Marine Department for up to five years.

Clause 9 When there was a punishment under clause 7 or clause 8, the Director of seafarers standard division shall also record this guilty on his personal seafarer’s history.

Clause 10 When there was an order to suspend or revoke the certificate of any person, the Director of seafarers standard division shall notify the person in written form and inform the right of appeal as stated in the Navigation in Thai Water Act B.E. 2456 (1913) as amended. The Director of seafarers standard division shall also report the case to the Director General.

Announced on 2nd July B.E. 2564 (2021)