Memorandum of Agreement for Recognized Organizations to Comply with

the Requirements and Conditions on Conducting Ship Survey and Issuance of
Survey Certificates in accordance with the International Conventions and Protocols

 

TRANSLATION

Memorandum of Agreement for Recognized Organizations to Comply with
the Requirements and Conditions on Conducting Ship Survey and Issuance of
Survey Certificates in accordance with the International Conventions and Protocols

 

1. Application

1.1 This agreement has been settled between the Marine Department, Ministry of Transport of the Kingdom of Thailand) hereinafter called “Marine Department”, and………hereinafter called “RO” which shall be a member of the International Association of Classification Societies (IACS) and a ship inspection institute authorizing by Marine Department to conduct survey and issue certificate.

1.2 Marine Department accepts RO to perform, under no more favorable treatment basis, as a representative of Marine Department in the duties of ship inspections during and thereafter of shipbuilding, and ship classification including approval of material, equipment, service provider, service station, ship management, determine ship notation and other relevant ship flying Thai flag which are related to standards of International Maritime Organization; IMO and International Association of Classification Societies; IACS including issuance certificate in compliance with requirements of International Conventions and Instruments.

1.3 Marine Department authorized RO to determine type of ship and issue statutory certificates of survey under the ship statutory certification regimes and classification standards.
The RO shall be only authorized to the scope defined in Annex I of this agreement. The RO may issue an electronic certificate (e-certificate) which is in compliance with Thai law, International Conventions and Instruments.

 

2. Purposes

The purpose of this Memorandum is to define the scope of service performance, terms, and conditions of delegation of authority to issue statutory certification, various regulations, and to define the mutual cooperation in the aspects of safety standard and marine environmental protection.

 

 

 

 

 

 

 

 

 

 

3. General Conditions

3.1 Issue statutory certification and services comprise the assessment of vessels registered as Thai vessels in order to determine the compliance of such vessels/companies with the applicable terms and criteria of international conventions and the laws of Thailand, (hereinafter referred to as "applicable instruments"), details as appeared in Annex I.

3.2 In so far as the certification services covered by this Agreement are concerned, RO agrees to cooperate with Port State Control officers in facilitating the rectification of reported deficiencies on behalf of the Marine Department and shall promptly follow any instructions or orders from Marine Department and report to the Marine Department on the first occasion.

3.3 Services rendered by RO in order to issue statutory certificates shall be accepted as services rendered by the Marine Department, as a Flag Administration, in order to issue statutory certificates provided that RO shall maintain compliance with the provisions of RO Code, “IMO Assembly Resolution MSC. 349 (92) and MEPC. 237 (65) as amended)”.

3.4 Authorization for services outside the scope of Annex I to this Memorandum shall be dealt with as mutually agreed on a case-by-case basis.

3.5 RO shall endeavor to avoid undertaking activities which may result in a conflict of interest.

3.6 RO shall perform survey and certification functions of a statutory nature by shall be use exclusive surveyors and auditors, being persons solely employed by RO, duly qualified, trained and authorized to execute all duties and activities incumbent upon their employer, within their level of work responsibility.

 

 

 

4. The execution of functions under authorization

4.1 Authorization and scope

4..1.1 This Agreement, as may be amended, including Annex I, “Applicable Instruments, as may be amended, and Degree of Authorization”, states the authorization from Marine Department to the RO to perform the Statutory Certification and Services

4.1.2 The degree to which the Marine Department authorizes the RO to perform the Statutory Certification and Services is contained in Annex I of this Agreement.

4.2 Authority Delegated

4.2.1 The RO shall determine by survey, inspection, audit, and assessment the compliance of Companies and Vessels registered with Kingdom of Thailand with the mandatory requirements of the Laws, Treaties, Codes, and Conventions referred to Annex I.

4.2.2 The RO shall in consultation with the Marine Department before suspension, withdraw, cancel, or invalidate Certificates in accordance with the results of non-conformity to section 4.2.1.

4.2.3 The RO shall respond corrective actions with regard to the deficiencies prescribed in section 3.2 of this Agreement and found in connection with Statutory Certification and Services rendered, in accordance with the Marine Department instructions or orders.

4.2.4 Upon request of the ship management or the Master of the Vessel, the RO shall attend a ship detained by PSC following the Marine Department instructions or order.

4.3 Other (additional) authorization

Authorization, apart from section 4 abovementioned and the scope of service performance in Annex I to this Agreement, shall be approved by Marine Department as mutually agreed in writing on a case-by-case basis.

4.4 Relationship between the Marine Department and RO to conduct statutory certification and services and other related activities

4.4.1 RO and its staff shall not engage in any activities that may conflict with their independence of judgment and integrity in relation to their performance of the Statutory Certification and Services. Furthermore, the RO and its staff responsible for carrying out the Statutory Certification and Services shall not be the designer, manufacturer, supplier, installer, purchaser, owner, user, or maintainer of the item(s) subject to the Statutory Certification and Services, nor the authorized representative of any of these parties, nor shall the RO and its staff responsible for carrying out the Statutory Certification and Services be the owner or part-owner of any of these parties including the RO shall not be substantially dependent on a single commercial enterprise for its revenue.

4.4.2 RO shall avoid undertaking activities that may appear to be, or result in, a conflict of interest, especially with respect to ISM Code, ISPS Code, and MLC 2006 Statutory Certification and Services.

4.5 RO shall verify a fee payment, paid by the Shipowner to the Flag Administration, prior to issue the certificate.

 

 

 

5. Legal principles of performance under authorization.

                5.1 This Agreement is established under section 163/1 of the Navigation in the Thai Waters Act B.E 2456, as amended, together with the Ministry of Transport Notification on Criteria, Process and condition for Authorizing Ship Inspection Institute to Conduct Survey and Issue certificates on Behalf of Marine Department. In addition, it was considered in accordance with the requirement of RO Code, and other requirements of Marine Department.

                5.2 Interpretation of Applicable Instrument

                In the event any arguments or disputes arise on the term and condition of the Memorandum of Agreement, such term and condition shall be solely referred to and interpreted by the Marine Department and its judgement shall be final.

                5.2.1 In this Agreement, “inspection” shall also include “survey” as a common term use in maritime industrial.

                5.2.2 In this Agreement, “statutory” shall have the same meaning to the term generally use in various IMO’s documents.

                5.2.3 In this Agreement, “Type Approval or Approval” shall have the same meaning to the term generally use in various IMO’s documents.

                5.2.4 In this Agreement, “service supplier” is an entity or natural person who provides services on behalf of RO such as a measurement, testing or maintenance which the results are factors for consideration of certificate issuance.

                5.2.5 In this Agreement, document, statement or certificate of compliance including document of compliance which shows the compliance with Non-contracting Conventions or Codes or Treaties, or Standards or Guidelines which are not implemented into Thai legislation. It is the prerogative of the Marine Department to exempt requirements in applicable instruments.

                5.2.6 For transparency, the entity or personnel, which is a third party for audit and approve the system, shall be an independent unit and non-interrelation with International Association of Classification Societies (IACS) audit group effectively representing the interests of the Marine Department, such as, with respect to the IACS Quality System Certification Scheme (QSCS), an independent Accredited Certification Body (ACB), as required in the Quality Management System Requirement (QMSR)  

                5.2.7 RO shall comply with QMSR to obtain Quality Management System Certification Scheme (QSCS) from the third party who provides audit and approves the system.

                5.2.8 It is the prerogative of Marine Department to interpret the applicable instruments as well as to determine an equivalent or acceptance of substitutes to the requirements of the applicable instruments. RO shall cooperate to follow such interpretation or determination.

 

 

 

 

 

 

 

5.3 Exemption and Equivalent

5.3.1 Exemption from requirements of treaty and convention, states in the applicable Instrument, it is accredited only Marine Department. RO accept that it is not authorized to exempt, issue exemption certificate or exempt the requirements of the Statutory Certification and Services performing under this Agreement. Except, RO has been authorized in accordance of table in Annex I

5.3.2 Exemption and Exempted Acceptance of the regulations or applicable requirements, the Shipowner shall inform reasonable cause(s) with risk assessment and initial preventive measures to RO for advice in the preventive measures of that exemption and exempted acceptance. Then RO provides a suggestive decision in its formal writing form to Marine Department for the Exemption and Exempted Acceptance.

5.3.3 In event of unable to arrange the Equivalent as required in applicable instrument. The RO’s ship surveyor may accept, under Marine Department advice, control measures to temporarily use substitute equipment to allow ship sailing to the next port where available to permanently repair, rectify or renew the suitable equipment.

 

6. RO shall report back to Marine Department as followed:

6.1 Procedures of reporting of general and special authorizations, and other reports as table in Annex II

6.2 The report shall be submitted via mail or email or file document in database or application accessible by Marine Department.

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

7. Development of Rules and/or Regulations, Information and Cooperation.

7.1 Cooperation in connection with Development of Rules and/or Regulations – Liaison Meetings.

7.1.1 RO and Marine Department are aware of the importance of technical cooperation by agree to cooperate and maintain effective cooperation of the consultative working group. The working group is comprised of Marine Department and Authorized RO officers performing the Statutory Certification and Services under written agreement.

7.1.2 The meeting of the consultative working group shall be regularly and continuously carried out.

7.1.3 Marine Department shall arrange, free of charge, all necessary documents for RO to ensure that RO is accessible to all regulations regarding to the authorized Statutory Certification and Services.

7.1.4 RO shall ensure that Marine Department is accessible to all ship’s documentations and electronic file including ship survey reports which RO has issued, certified or approved to ships registered to Thai flag. Marine Department shall reserve its rights to request ship’s plan and relevant information in case that ships may be in danger or may impair or damage human life or health, environment, property or resources.

7.1.5 Cooperation with Marine Department delegate/representative in the national/international conference, RO agrees to support Marine Department for providing technical advice documents, free of charge, to Marine Department delegate/representative in the national/international conference, or committee, sub-committee, working group in connecting with maritime safety, security or pollution prevention, and further technical issues.

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

7.2 Exchange of rules and/or regulations and information

7.2.1 RO shall provide, free of charge, to Marine Department at least 1 set of the updated RO’s Rules (also called Class Rules) and guidelines of all ship types which registered to Thai flag, in electronic file or the other forms.

7.2.2 Marine Department shall be accessible, free of charge, to services, online ship registration in RO system, documents, ship survey reports, service station inspections and audits, and inspections according to certification, approval or endorsement from RO.

7.2.3 RO agrees to cooperate with the Marine Department in training personnel of the Marine Department as mutually agreed.

7.2.4 When RO develops new rules and guidelines, or changes the existence which relevant to ship survey requirement, Statutory Certification in compliance with applicable instruments including monitoring and assessment the compliance of this Agreement, RO shall provide opportunity to Marine Department to make comment or recommendation in new rules and guidelines or the amendment, and take the comment or recommendation into the change or improvement of the abovementioned rules and guideline.

7.2.5 Marine Department and RO agree to regularly exchange data in mutually agreed form that allows Marine Department and RO to be able to examine a correction of records regarding to companies and ships.

7.2.6 RO agrees to allow the surveyors of the Marine Department to join RO in the surveys on Thai vessels which shall be mutually determined.

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

7.3 Language and Form

All data and documentation of rules and/or regulations – information, provided to Marine Department by RO, shall be in English, and translated into English if not.

7.3.1 Electronics database

RO shall maintain electronics database of Statutory Survey and approval Audit Status regarding to Statutory Certification and Services which authorized in this Agreement. RO shall ensure that information abovementioned is accessible, free of charge, to Marine Department.

 

8. Other conditions.

8.1 Rules for administrative proceedings

8.1.1 Appealing in connection with Statutory Certification and Services or newbuilding intended to be registered with Marine Department (holding the registration certificate intended to build new ship during the construction at the shipbuilder's shipyard) shall be handled by RO through the appeals process. One (1) copy of the appealing process of RO document shall be given, free of charge, to Marine Department.

8.1.2 RO shall report all appeals to Marine Department in accordance with requirements in this Agreement.

8.1.3 RO shall inform the appeal status to Marine Department, and grant Marine Department to make input as appropriate.

8.1.4 RO shall inform all decisions of appeal and case-closure to Marine Department.

8.1.5 If there is any dispute or the appeal is unable to be settled within the RO's appeal process, in this case, the decision is under the discretion of Marine Department and Thai legislation.

8.2 Confidentiality to the Agreement shall be in accordance with Annex III of this Agreement.

8.3 Liability

8.3.1 If, notwithstanding the sovereign immunity of Thailand and its constituent agencies, including the Marine Department, its employees or agents, and any and/or all of its branches, subsidiaries, and affiliates, and their employees or agents, by a court of law, together with a requirement to compensate the injured parties for loss or damage to property or personal injury or death, which is proved to have been caused by a willful act or omission or gross negligence of the RO, its bodies, officers, employees, agents, or others who act on behalf of the RO under this Agreement, Marine Department, its employees or agents, and any and/or all of its branches, subsidiaries, and affiliates, and their employees or agents, shall be entitled to indemnification from the RO to the extent that such loss or damage to property, personal injury, or death (including all legal costs) is determined to be caused by the RO, its bodies, officers, employees, agents, or others who act on behalf of the RO under this Agreement, shall be in accordance with Thai law and under the jurisdiction of the Thai court.

 

8.4 Insurance or financial guarantees and liability of RO

8.4.1 In accordance with section 5(3) of the Ministry of Transport Notification on Criteria, Process and Condition for Authorizing Ship Inspection Institute to Conduct Survey and Issue Certificates on behalf of Marine Department, RO must provide insurance or place financial guarantees to cover the following risks:

1) Provide insurance for liability arising from the performance of duties under the law for bodily injury or loss of life to those who suffer damages which is proved to have been caused by a willful act or omission or gross negligence of the RO, its bodies, officers, employees, agents, or others who act on behalf of the RO under this Agreement, there shall be a limit according to the Special Drawing Rights (SDRs) of clause 8.4.1 (1), with a minimum coverage of at least 3.072 million units of SDRs or place financial guarantees to have the value that can cover the same amount of risk.

2) Provide insurance for liability arising from the performance of duties under the law for loss of or damage to property to those who suffer damages which is proved to have been caused by a willful act or omission or gross negligence of the RO, its bodies, officers, employees, agents, or others who act on behalf of the RO under this Agreement, there shall be a limit according to the Special Drawing Rights (SDRs) of clause 8.4.1 (1), with a minimum coverage of at least 1.536 million units of SDRs or place financial guarantees to have the value that can cover the same amount of risk.

8.4.2 If the liability is caused by an accident which causes loss or damage to property, bodily injury or loss of life which the Thai Court of Justice has given the final verdict that an accident was a willful act or omission from the act of RO or its employees or agents, or persons acting on behalf of RO, the Marine Department shall be indemnified against RO on the actual amount of such loss, damage, injury or death.

 

8.5 Warranties

8.5.1 The RO warrants that no payments of money or anything of value or any other advantage will be offered, promised, or given, directly or indirectly, by the RO to any domestic or foreign government official or to another person upon the official’s request or with the official’s assent or acquiescence intending to obtain or retain business or an advantage in the conduct of business; further, the RO warrants that it will not offer to, promise to, or perform improperly any of its functions pursuant to this Agreement in exchange for payment of money or anything of value or any other advantage, nor will it offer money or anything of value or any other advantage in exchange for, or as an award for, the improper performance of another individual or entity.

8.5.2 The RO warrants that it will exercise due diligence in the selection of entities and other individuals acting on its behalf and that they are all required to warrant that no funds, money or anything of value has been or will be paid, offered, given, promised, received or requested by them or any of their agents, representatives or employees, directly or indirectly, to or from any official or employee of any government–controlled entity or commercial entity, any political party or official thereof or any candidate for political office, for purposes of influencing any act or decision in order to obtain or retain business, direct business to any party, obtain favorable treatment, or secure an improper advantage.

8.6 Termination and Enforceability

8.6.1 This Agreement may be terminated as between the RO and Marine Department by either party giving the other party twelve (12) months written notice of termination. Such notice shall be given by certified or registered mail.

8.6.2 This Agreement, and any amendments hereto, including its Annexes, constitute the entire agreement between the parties and shall supersede all previous agreements between the parties hereto with respect to the subject matter hereof.

8.7 Breach of Agreement

8.7.1 If this Memorandum is breached by one of the parties, the other party will notify the violating party of its breach in writing to allow the notified party the opportunity to remedy the breach with 30 days, failing which the notifying party has the right to terminate this Memorandum immediately.

8.7.2 For continued validity of this Memorandum, RO shall maintain its present status of full membership of International Association of Classification Society.

8.7.3 This Memorandum may be terminated by either party by giving the other party a 12-month written advance notice.

8.8 Governing Laws and Settlement of Disputes

Any arguments or disputes arising out of or in connection with the Memorandum shall be governed by Court of Justice of Thailand and in accordance with the Laws of Thailand.

 

 

 

 

 

 

9. RO Oversight

9.1 Supervision and monitoring of RO

The RO acknowledges that the Administrator has implemented an oversight and monitoring program of organizations authorized to conduct Statutory Certification and Services on its behalf in accordance with the RO Code. The RO agrees to fully cooperate with such oversight and monitoring activities as requested by Marine Department.

9.2 Documentation and Review of Quality Management System

9.2.1 The RO shall maintain an effective internal quality management system based on appropriate parts of internationally recognized quality standards no less effective than the ISO 9000 series.

9.2.2 Marine Department may accept the results of audits required under the IACS Quality System Certification Scheme (“QSCS”) which are independent assessment and certification as suitable verification of compliance with the quality management system and independent audit requirements of the RO Code, as amended.

9.2.3 RO shall accept Marine Department to review to its satisfaction with the quality management system of the RO.

9.2.4 Marine Department shall itself be allowed the opportunity to review the RO’s quality management system on a periodic basis and to satisfy itself that the RO is in compliance with the requirements of this Agreement and its Annex II, specifications on the Survey and Certification Functions of RO acting on behalf of the Flag State, and the requirements of Marine Department. This may be accomplished by a representative of Marine Department participating as an observer in an IACS QSCS audit.

9.2.5 RO shall immediately notify Marine Department in the event that approval or change in the quality management system causes the quality system certificate to become invalid.

9.2.6 RO shall immediately inform Marine Department for major non-conformity identified in audit of Statutory Certification and Services of the third party under scope of this Agreement.

 

 

 

 

 

 

 

 

 

 

 

 

 

 

9.3 Oversight of Inspections and Audits

9.3.1 Marine Department shall review the authorized RO duties to ensure that RO has efficient performance by conducting audit which may include vertical contract audit such as randomly check technical records, review and verification processes and/or audit of the company and ship as Marine Department deems appropriate.

9.4 Port State Control Detentions

9.4.1 If a clear-ground/deficiency causing of detention related to the items covered by ship survey of Statutory Survey and Services within 3 (three) months, Marine Department shall investigate a detention root-causes by RO root-causes report submission. Any corrective actions shall be approved from Marine Department.

9.5 Information accessibility (Recommendation, Circular and Guideline)

9.5.1 RO shall provide current and complete copies of written guidelines, procedures and/or instructions for implementation and performing Statutory Certification and Services including any amendments related to Statutory Certifications and Services under this agreement or provide electronic access to Marine Department upon request.

9.5.2 RO shall provide annual report of work on behalf of Marine Department or arrange the electronic access for granting Marine Department to examine

9.5.3 In the event of RO has changed the procedures, specified by Marine Department, in order to conform to the applicable instruments or the policy of Marine Department, Marine Department may require the RO to correct any non-conformity affecting activities authorized on behalf of Marine Department.

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

9.6 Training

9.6.1 Training and qualifications

9.6.1.1 RO’s Ship Surveyor, Inspector and Auditor, performing Statutory Certification and Services and their assistants shall be qualified in accordance with RO Code.

9.6.1.2 RO shall establish the documentation system for verification of the qualification of Ship Surveyor, Inspector and Auditor, and continually improve and update in accordance with International Association of Classification Societies Standard. The system shall consist of the appropriate training courses in connection with certification process, and on the job training courses. RO shall provide evidence, without delay, to Marine Department upon request.

9.6.1.3 RO shall ensure that its personnel involving in the performance of their assigned duties under this Agreement are complied with the requirements in this section. RO shall ensure that its personnel acknowledge and comply with applicable laws and regulations of Marine Department, and recommendation from Marine Department including:

a. As authorized, the Applicable Instruments to which the Marine Department is a party;

b. Statutes of Marine Department;

c. Marine Department national regulations;

d. Limitation, special recommendation and any additional requirements specify in this Agreement.

9.6.2 Participation in training program

Marine Department may participate in or supervise, free of charge, the training programs and evaluation to ensure that the systematic training is conducted and appropriate qualifications of personnel are consistent.

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

10. Corrective Actions of Non-Conformity (with respect to RO performance)

If Marine Department identifies the non-conformity which RO has involved in the Statutory Certification and Services in this Agreement. RO shall investigate and provide corrective actions to Marine Department. When the corrective actions are mutually agreed, RO shall carry out the corrective actions to be satisfaction of Marine Department.

 

11. Effective

This Memorandum of Agreement shall be effective from ……………. Date

 

12. Signatures

For attestation of undersigning, the signatory is duly authorized by their parties, undersign in this Memorandum of Agreement on the date below:

 

 

 

Signature by Director-General, Marine Department

 

 

 

Signature by The Recognized Organization

 

 

 

 

       

 

............................................................................................

ANNEX I

 

APPLICABLE INSTRUMENTS, AS MAY BE AMENDED,

and

DEGREE OF AUTHORIZATION

 

1.0        Table 1: Instruments and Authorizations

 

1.1        The RO agrees to perform ship classification and statutory certification surveys and issue certificates, statements of fact or fitness, and/or approvals verifying the extent of compliance with the Applicable Instruments as listed in Table 1 of this Annex.

 

1.2        In so doing, the RO shall consider and apply the more specific details contained in the Regulation on Ship Survey (No.45) B.E.2558 as amended, Marine Department Regulations, Ship Survey Regulations, codes, Marine Department Notices, Ship Standard Bureau Notices and Technical Circulars, of which the most up-to-date versions can be found at: https://www.Marine Department.go.th/central/ss bureau/

 

 

2.0        Procedures Relating to Statutory Certification and Services

 

2.1        Unless otherwise specified in this  Annex or by promulgation of a  Marine Department Regulations, Ship Survey Regulations, codes, Marine Department Notices, Ship Standard Bureau Notices and/or Technical Circular, Statutory Certification and Services are to be carried out in accordance with the IMO Survey Guidelines under the Harmonized System of Survey and Certification (HSSC), 2015 (Resolution A.1104(29) as amended and as prescribed by the Applicable Instruments.

                 

 

2.2        Surveys and Certificates

 

.1       Extensions: The RO may only extend, with the written approval of the Administrator, the validity of certificates within the terms laid down in the applicable international code or conventions.

 

.2     “Short Term” Certificates: In limited circumstances, the RO may issue a temporary short term certificate to allow a Vessel to proceed to sea with deficiencies that cannot be corrected in the port of survey to a port where the permanent repairs are to be made.   Where a major deficiency or serious safety-related matter has been discovered and a temporary measure(s) related to that deficiency is imposed, the written approval of the Administrator must be obtained before a short term certificate is issued.  In such cases, the Short-Term Certificate shall be issued to replace the full term certificate.

 

       

               

.3     “Condition of Authority”, “Statutory Memo / Condition / Recommendation / Deficiencies” (or equivalent wording):   As alternative to issuing a Short Term Certificate, the RO may issue a temporary Condition of Authority, Statutory Memo/Condition/Recommendation/Deficiency, with an assigned due date, instead of a Short Term Certificate to allow a vessel to proceed to sea with deficiencies that cannot be corrected in the port of survey to a port where the permanent repairs are to be made or for the time needed to rectify the deficiencies. Where a major deficiency or serious safety-related matter has been discovered and a temporary measure(s) related to that deficiency is imposed, the written approval of the Administrator is to be obtained before a Condition of Authority, Statutory Memo / Condition / Recommendation / Deficiency is issued.  In such cases, the full term certificate shall be maintained and a copy of the Condition of Authority, Statutory Memo / Condition / Recommendation / Deficiency shall be attached to the full term certificate.

 

 

.4   Additional Surveys: The RO is authorized to perform additional surveys on all Vessels after a casualty or discovery of deficiencies, or whenever modifications, alterations, repairs, or renewals are made which may affect the validity of existing certificates.

 

.5    Dry-docking Surveys: It is Administrator policy that the provisions of IACS UR Z3 addressing the dry-docking of ships be rigidly applied to Vessels registered under the THAI flag. Information must be submitted with a request for dry-dock extensions which documents the basis for claiming that "exceptional circumstances" (i.e. unavailability of dry-docking facilities; unavailability of repair facilities; unavailability of essential materials, equipment or spare parts; or delays incurred by action taken to avoid severe weather conditions) exist.

.7    Experimentation: All exceptions and approvals for experimental purposes, and all exemptions referred to in any of the international codes or conventions, will be reviewed and approved, as necessary, directly by the Administrator. The RO shall, however:

 

a.    bring any requests for such consideration to the attention of the Marine Department; and

 

b.    provide technical advice, when required, on the advisability of granting any such dispensations.

 

 

 

Table 1

APPLICABLE INSTRUMENTS and DEGREE OF AUTHORIZATION

 

The following three types of authorizations apply as noted:

 

F:  Full authorization for the RO to perform plan review, approve relevant plans/manuals, carry out surveys, and issue and/or revoke necessary interim and full term certificates.

 

P:  Partial authorization to perform plan review, carry out surveys, and possible issue of interim certificates. (Specific guidance to be provided by the Marine Department, Ship Standard Bureau and the full term certificate is to be issued by the Marine Department and Ship Standard Bureau.)

 

C:  Case-by-case authorization. The Marine Department and Ship Standard Bureau must be contacted prior to performing plan review or carrying out surveys to obtain specific guidance concerning applicable standards and statutory requirements.

L:    Limited authorization to account for other special categories not covered by the above.

 

Under some circumstances, it may be advantageous for Vessels outside the scope of applicability to comply with listed national standards and international codes or conventions. The Marine Department and Ship Standard Bureau encourages voluntary compliance with these instruments and authorizes the RO to issue documentation attesting to voluntary compliance for THAI flagged Vessels.  

 

 

 

INSTRUMENT (AS MAY BE AMENDED)

 

AUTHORIZATION (ISSUE/ENDORSE/APPROVE)

STABILITY REVIEW

 

 

INITIAL

ANNUAL/PERIODICAL

 

INTERMEDIATE

 

RENEWAL

 

SHORT-TERM

EXMPT 1

 

INTERIM

1.0

SOLAS Convention 74/78 and the Protocol 1988

1.1

Cargo Ship Safety Construction Certificate

F

F

F

F

C

L

 

Yes

1.2

Cargo Ship Safety Equipment Certificate

F

F

 

F

C

L

 

 

1.3

Cargo Ship Safety Radio Certificate

F

F

 

F

C

L

 

 

1.4

Document of Authorization for the Carriage of Grain  

F

 

 

 

C

 

 

Yes

1.5

Passenger Ship Safety Certificate

F

 

 

F

C

L

 

Yes

1.6

Polar Ship Certificate

F

 

 

F

C

L

 

 

1.7

Coating Technical File (CTF)

F

 

 

F

C

L

 

 

2.0

International Convention on Load Lines, 1966 and 1988 Protocol

2.1

Measurements and certification2

F

F

 

F

C

L

 

Yes

3.0

MARPOL Convention 73/78 Protocol

3.1

Annex I - Prevention of Pollution by Oil

 

 

 

 

 

 

 

 

3.1.1

International Oil Pollution Prevention Certificate with Supplement

F

F

F

F

C

L

 

Yes

 

3.2

Annex II - Prevention of Pollution by Noxious Liquid Substances in

Bulk

 

 

 

 

 

 

 

 

 

3.2.1

International Pollution Prevention Certificate for the Carriage of Noxious

Liquid Substances in Bulk

 

F

 

F

 

F

 

F

 

C

 

L

 

 

Yes

3.3

Annex IV – Prevention of Pollution by Sewage

 

 

 

 

 

 

 

 

3.3.1

International Sewage Pollution Prevention Certificate
(Document of Compliance : DOC or Statement of Compliance : SOC)

F

 

 

F

C

L

 

 

3.4

Annex V – Prevention of Pollution by Garbage

F3

 

 

 

 

 

 

 

3.5

Annex VI – Prevention of Air Pollution from Ships

 

 

 

 

 

 

 

 

3.5.1

International Air Pollution Prevention Certificate with Supplement (DOC or SOC)

F

F

F

F

C

L

 

 

3.5.2

Engine International Air Pollution Prevention Certificate (DOC or SOC)

F

 

 

 

 

 

 

 

3.5.3

International Energy Efficiency Certificate (DOC or SOC)

F

 

 

F

C

L

 

 

3.5.4

SOx Emission Compliance Certificate (SECC)4

F

 

 

F

C

 

 

 

3.5.5

Certificate of unit approval Exhaust gas cleaning systems MEPC.176(58)

F

 

 

 

 

 

 

 

 

 

                   

 

 

 

INSTRUMENT (AS MAY BE AMENDED)

 

AUTHORIZATION (ISSUE/ENDORSE/APPROVE)

STABILITY REVIEW

 

                                                                               

 

INITIAL

 

ANNUAL

 

INTERMEDIATE

 

RENEWAL

 

SHORT-TERM

 

EXMPT1

 

INTERIM

3.6.6

SOx Emissions Compliance Plan (SECP)5

F

 

 

 

 

 

 

 

4.0

Ballast Water Management Convention

4.1

Ballast Water Management Plan6

F

 

 

 

 

 

 

 

4.2

International Ballast Water Management Certificate7 (DOC or SOC)

F

F

F

F

C

L

 

 

5.0

International Convention on Harmful Antifouling Systems

5.1

International Anti-fouling System Certificate and Record (DOC or SOC)

F

 

 

 

 

 

 

 

5.2

Declaration on Anti-fouling System

F

 

 

 

 

 

 

 

6.0

International Regulations for Preventing Collision At Sea, 1972

6.1

Initial surveys for verification of compliance

F

 

 

 

 

 

 

 

7.0

International Convention of Tonnage Measurement, 1969

7.1

International Tonnage Certificate

L

 

 

 

 

L

 

 

7.2

THAILAND National Tonnage Certificate8  

L

 

 

 

 

L

 

 

8.0

National Certificates  

8.1

Non-SOLAS Vessel 9

 

 

 

 

 

 

 

 

8.1.1

National Cargo Ship Document of Compliance10

F

F

F

F

C

 

 

Yes

8.1.2

National Cargo Ship Document of Compliance (for Vessels <500 GT)11

C

F

F

F

C

 

 

Yes

8.2

Yacht

 

 

 

 

 

 

 

 

8.2.1

Commercial Yacht Document of Compliance12  

F

F

F

F

C

L

 

Ye s

8.2.2

Private Yacht Document of Compliance13  

F

F

F

F

C

L

 

Ye s

8.3

MODU, MOU, FPSO, FSO and FSUs

 

 

 

 

 

 

 

 

8.3.1

National Certificates for MODU, MOU, FPSO, FSO and FSUs 14

F

F

F

F

C

L

 

Yes

8.4

Offshore Supply Vessel (OSV) 15

 

 

 

 

 

 

 

 

8.4.1

National Offshore Supply Vessel Document of Compliance16

F

F

F

F

C

L

 

Yes

8.4.2

Certificate of Fitness A.673(16) Transport and Handling of Limited Amounts of Hazardous and Noxious Liquid Substances in Bulk on Offshore Support Vessel

F

F

F

F

C

 L

 

Yes

8.4.3

Guideline for Vessel with Dynamic Position System, MSC/Circ. 645 : Survey and issuance of Flag State Verification and Acceptance Document

F

F

F

F

C

 L

 

Yes

9.0

International Code Certificates

9.1

MODU Codes - Mobile Offshore Drilling Units17

 

 

 

 

 

 

 

 

9.1.1

1979 Code-MODU Safety Certificate18

F

F

F

F

C

L

 

Yes

9.1.2

1989 Code-MODU Safety Certificate19

F

F

F

F

C

L

 

Yes

9.1.3

2009 Code-MODU Safety Certificate20

F

F

F

F

C

L

 

Yes

9.2

BCH Code/ IBC Code - Carriage in Bulk of Dangerous Chemicals

 

 

 

 

 

 

 

 

9.2.1

Certificate of Fitness for Carriage of Dangerous Chemicals in Bulk21

F

F

F

F

C

L

 

Yes

9.2.2

International Certificate of Fitness for Carriage of Dangerous Chemicals in Bulk22

F

F

F

F

C

L

 

Yes

9.3

GC Code / IGC Code - Carriage in Bulk of Liquefied Gases

 

 

 

 

 

 

 

 

 

9.3.1

International Certificate of Fitness for Carriage of Liquefied Gases in

Bulk23

 

F

 

F

 

F

 

F

 

C

 

L

 

 

Yes

9.3.2

International Certificate of Fitness for Carriage of Liquefied Gases in

Bulk24

F

F

F

F

C

L

 

Yes

 

9.3.3

Certificate of Fitness for the Carriage of Liquefied Gases in Bulk

according to the Code for Existing Ships carrying Liquefied Gases in

Bulk25

 

F

 

F

 

F

 

F

 

C

 

L

 

 

Yes

9.4

Code - Carriage of Dangerous Goods

 

 

 

 

 

 

 

 

9.4.1

Document of Compliance with the Special Requirements for Ships

Carrying Dangerous Goods 26  

F

F

F

F

C

L

 

N/A

 

 

 

 

INSTRUMENT (AS MAY BE AMENDED)

 

AUTHORIZATION (ISSUE/ENDORSE/APPROVE)

STABILITY REVIEW

 

 

INITIAL

 

ANNUAL

 

INTERMEDIATE

 

RENEWAL

 

SHORT-TERM

 

EXMPT1

 

INTERIM

9.5

IMSBC Code - Carriage of Solid Bulk Cargoes

 

 

 

 

 

 

 

 

9.5.1

Statement of Compliance with the IMSBC Code27  

F

F

 

F

C

L

 

N/A

9.6

HSC Codes - High Speed Craft

 

 

 

 

 

 

 

 

9.6.1

High Speed Craft Safety Certificate28

F

F

F

F

C

L

 

Yes

9.7

CSS Code - Safe Practice for Cargo Stowage and Securing

 

 

 

 

 

 

 

 

9.7.1

Cargo Securing Manual29

F

F

F

F

 

 

 

N/A

9.8

Safe Practice for Ships Carrying Timber Deck Cargoes

 

 

 

 

 

 

 

 

 

9.8.1

Document of Compliance with the Code of Safe Practice for Ships

Carrying Timber Deck Cargoes 30

 

F

 

 

 

 

 

L

 

 

Yes

9.9

SPS Code - Safety for Special Purpose Ships

 

 

 

 

 

 

 

 

9.9.1

Special Purpose Ship Safety Certificate31

F

F

F

F

C

L

 

Yes

9.10

Code of Safety for Dynamically Supported Craft

 

 

 

 

 

 

 

 

9.10.1

Dynamically Supported Craft Construction and Equipment Certificate

F

F

F

F

C

    L

 

Yes

9.11

Code of Safety for Diving Systems

 

 

 

 

 

 

 

 

9.11.1

Diving System Safety Certificate

F

F

 

F

C

L

 

 

10.0

International Safety Management Code

10.1

Document of Compliance

F

F32

 

F

 

 

F33

 

10.2

Safety Management Certificate

F

 

F34

F

 

 

F35

 

11.0

International Ship and Port Facility Security Code 36

11.1

International Ship Security Certificate37

F

 

F

F

 

 

F38

 

12.0

International Labour Organization

12.1

Maritime Labour Convention, 200639

 

 

 

 

 

 

 

 

12.1.1

Maritime Labour Certificate

F

 

F40

F

 

 

F41

 

12.1.2

Declaration of Maritime Labour Compliance42

F

 

 

F43

 

 

F44

 

12.1.3

Crew accommodation certificate ILO 92, ILO 133, MLC 2006

F

 

 

F

 

 

F

 

13.0

Equipment/Material Certification and Type-Approvals45

13.1

Assess and Approve

F

F

 

F

 

 

 

 

 

14.0

Hong Kong International Convention for the Safe and

Environmentally Sound Recycling of Ships, 2009 (HKSRC 2009)

 

 

 

 

 

 

 

 

14.1

Statement of Compliance for Inventory of Hazardous Materials - Issued under the provisions of the Hong Kong International Convention for the Safe and Environmentally Sound Recycling of Ships, 2009

F

 

 

F

 

L

 

 

14.2

Statement of Compliance for Inventory of Hazardous Materials - Issued under the provisions of Regulation (EU) No 1257/2013

F

 

 

F

 

L

 

 

 

1.    The Marine Department must evaluate each request for an exemption and authorize the issuance of the initial exemption certificate by the RO. The RO may then reissue an exemption certificate during a renewal survey after verifying that the conditions for the issuance of the initial exemption certificate are still satisfied.

 

2.    THAI flagged Vessels may be given specific authorization for the assignment of more than one (1) load line. The RO is authorized to carry out inspections to verify the appropriate changing of marks, correct display of International Load Line Certificate, and recording in ship’s log on the occasion of a change in deadweight capacity for Vessels authorized to have more than one (1) load line measurement. Refer to Marine Department Regulation, Marine Department Notice Ship Standard Bureau Regulation and Standard Bureau Notice.

 

3.    Administrator approval of the garbage management plan is not required for compliance with MARPOL 73/78, Annex V. The RO is encouraged to conduct surveys and approve plans, as well as review record keeping to verify continuing compliance. The RO may develop its own documents attesting to compliance with Annex V of MARPOL 73/78.

 

4.  See Resolution MEPC.259(68).

 

5.  See Resolution MEPC.259(68).

 

6.   For THAI Vessels engaged in trade which takes them into international territorial waters, BWMPs must be implemented. Ballast Water Management Plan (BWMP) should and may be reviewed and approved by the RO, taking into account the guidelines developed by the IMO. Further, the RO is authorized to verify compliance and approve BWMPs. Additional coastal State requirements may apply and should be part of review by the RO.

 

7.  International ballast Water Certificates may be issued under the provisions of BWM.2/Circ.40.

 

8.  Issuance of THAI National Tonnage Certificates, as required by to Marine Department Regulation, Marine Department Notice Ship Standard Bureau Regulation and Standard Bureau Notice as related which Tonnage Regulations, shall apply to all Vessels that do not require International Tonnage Certificates under ITC 69.

 

9.  Non-SOLAS vessels are: a) vessels not engaged in international voyages; b) cargo ships of less than 500 gross tonnage; c) ships not propelled by mechanical means; d) wooden ships of primitive build; e) pleasure yachts not engaged in trade; and f) vessels engaged in fishing. The scope of authorization for all non-SOLAS vessels of 500 gross tons or above shall be a full authorization following the standards set forth in Marine Department Regulation, Marine Department Notice Ship Standard Bureau Regulation and Standard Bureau Notice. The scope of authorization for those non-SOLAS vessels of less than 500 gross tons differs in that prior to performing Statutory Certification and Services on these Vessels, the RO shall consult with Marine Department and receive confirmation of standards to be applied and instruments to be issued.

 

10.  Prior to performing Statutory Certification and Services on these Vessels, the RO shall consult with the Marine Department and receive confirmation of standards to be applied and instruments to be issued.

 

11.  Prior to performing Statutory Certification and Services on these Vessels, the RO shall consult with the Marine Department and receive confirmation of standards to be applied and instruments to be issued.

 

12.  Commercial yachts of 500 GT or greater are to be considered SOLAS cargo ships. Commercial yachts of less than 500 GT meeting Yacht Code requirements will be issued a Commercial Yacht Document of Compliance.

 

13.  Private yachts which voluntarily comply with the provisions of the Yacht Code applicable to commercial yachts may be issued a Private Yacht Document of Compliance when requested by the owner of the yacht.

 

14.  National (Application of MOU Certificate) Mobile Offshore Drilling Unit (MODU) Certificate: A MODU that was constructed before 31 December 1981 is classified as an existing unit. Existing units which do not meet the requirements of the 1979 or 1989 MODU Codes must comply with Marine Department Regulation, Marine Department Notice Ship Standard Bureau Regulation and Standard Bureau Notice requirements and will be issued a National Mobile Offshore Drilling Unit Document of Compliance. As with all MODUs, an existing unit must maintain appropriate class status with the RO in accordance with the procedures contained in IMO Resolution A.739(18). Upon initial application for registration, the RO must survey the unit and review plans and calculations to determine the degree of compliance with the 1979 MODU Code and interpretations of the Marine Department. If found to be in full compliance, an international 1979 Mobile Offshore Drilling Unit Safety Certificate may be issued upon request of the existing unit owner. If the existing unit does not fully comply with the 1979 MODU Code, as modified by the interpretations of the Marine Department, a listing of non-compliant items must be compiled by the RO for review by the Marine Department. In general, a long-term history of safe and successful operation in the same or similar environment will form the basis for the acceptance of construction, equipment, and arrangements, which may not fully meet MODU Code requirements. The Marine Department will freely consider the existing construction, equipment, and arrangements on the basis of alternatives and equivalences provided that they do not hazard the existing unit, the environment, and/or personnel aboard.  

 

15.  Offshore supply vessel (OSV) means a vessel which is used for the transportation of stores, materials, equipment, or personnel to, from, and between offshore installations. These vessels are sometimes categorized as “offshore support vessels.” The term OSV also includes crew boats. Refer to IMO Resolution MSC.235(82) “Guidelines for the Design and Construction of Offshore Supply Vessels,2006.

 

16.   A National Offshore Supply Vessel Document of Compliance will be issued to qualifying Vessels upon completion of an initial survey which is carried out concurrently with the surveys required for registration. Refer to Marine Department Regulation, Marine Department Notice Ship Standard Bureau Regulation and Standard Bureau Notice.

 

17.  Refer to the Code for the Construction and Equipment of Mobile Offshore Drilling Units, 1979 (1979 MODU Code); Code for the Construction and Equipment of Mobile Offshore Drilling Units, 1989 Consolidated Edition 2001 (1989 MODU Code); and Code for the Construction and Equipment of Mobile Offshore Drilling Units, 2009 (2009 MODU Code).

 

18.  1979 MODU Code-MODU Safety Certificate: MODUs meeting the requirements of the 1979 MODU Code, will be issued an international 1979 Mobile Offshore Drilling Unit Safety Certificate (1979 Code Certificate). Units constructed on or after 31 December 1981 and prior to 1 May 1991 are required to meet these standards in order to be issued an international certificate. MODUs which are constructed prior to 31 December 1981 and are found to be in full compliance will be issued a 1979 Code Certificate upon request of the unit owner.

 

19.  1989 MODU Code-MODU Safety Certificate: MODUs meeting the requirements of the 1989 MODU Code, will be issued an international 1989 Mobile Offshore Drilling Unit Safety Certificate (1989 Code Certificate). Units constructed on or after 1 May 1991 and prior to 1 January 2009 are required to meet these standards in order to be issued an international certificate. MODUs which are constructed prior to 1 May 1991 and are found to be in full compliance will be issued a 1989 Code Certificate upon request of the unit owner.

 

20.  2009 MODU Code-MODU Safety Certificate: MODUs meeting the requirements of the 2009 MODU Code, will be issued an international 2009 Mobile Offshore Drilling Unit Safety Certificate (2009 Code Certificate). Units constructed on or after 1 January 2012 are required to meet these standards in order to be issued an international certificate. MODUs which are constructed prior to 1 January 2012 and are found to be in full compliance will be issued a 2009 Code Certificate upon request of the unit owner.

 

21.  Applicable to Vessels built before 1 July 1986.

 

22.  Applicable to Vessels built on or after 1 July 1986.

 

23.  International Certificate of Fitness for Carriage of Liquefied Gases in Bulk (2014) - applicable to vessels built after 1 July 2016.

 

 

24.  International Certificate of Fitness for Carriage of Liquefied Gases in Bulk (1993 & earlier) - applicable to vessels built before 1 July 2016.

 

25.  Certificate of Fitness for the Carriage of Liquefied Gases in Bulk According to the Code for Existing Ships Carrying Liquefied Gases in Bulk - applicable to vessels built before 31 October 1976

 

26.  Refer to International Maritime Dangerous Goods Code (“IMARINE DEPARTMENTG Code”), SOLAS II-2/19 and SOLAS II-2/54 as appropriate.

 

27.  Approval and issuance of Statement of Compliance with the IMSBC Code is required, including survey and verification of solid bulk loading arrangements when carrying solid dangerous goods in bulk.

 

28.  Approval and issuance of Document of Compliance with the International Code of Safety for High-Speed Craft, 2000, as may be amended, and SOLAS, Chapter X is required.

 

29.  Approval and, if required, issuance of Document of Compliance with the Code of Safe Practice for Cargo Stowage and Securing, as amended (CSS Code) and SOLAS 74, Chapter VI, as amended, including survey and verification of cargo stowage and securing arrangements when deemed necessary.  Review and approval of Cargo Securing Manuals (CSM) in accordance with SOLAS 74/88, Chapter VI, 5 and Chapter VII, 5.

 

30.  Approval and, if required, issuance of Document of Compliance with the Code of Safe Practice for Ships Carrying Timber Deck Cargoes, 2011 (TDC Code) and Chapter IV of LL 66/88.  Survey and verification of timber deck cargo stowage arrangements when deemed necessary.

 

31.  A special purpose ship is a Vessel of 500 GT or greater which carries more than 12 persons onboard who are specially needed for the particular operational duties of the Vessel and are in addition to those crew required for the normal navigation, engineering, and maintenance. Vessels meeting the requirements of the Code of Safety for Special Purpose Ships (“ISPS Code”) will be issued a Special Purpose Ship Safety Certificate.

 

32.  Annual ISM audits for DOC should evaluate implementation, management, and documentation of ISPS Code requirements. The RO shall conduct annual safety management audits of the Company. During such audits, the RO shall verify that the Company is conducting an annual internal audit of each Vessel in its fleet to verify that the Company SMS is being maintained in substantial compliance with the ISM Code during the period of certificate validity. IACS PR 9; PR 18

 

33.  An interim DOC may be issued to facilitate initial implementation of the ISM Code in cases where compliance with the ISM Code is a new requirement or where changes to the Company’s organization or its operations have rendered the existing certification inappropriate.

 

34. The RO shall conduct an intermediate safety management audit of a Vessel being certified by it between the second and third anniversary date of the issuance of the Vessel’s SMC.

 

35.  An interim SMC may be issued to facilitate initial implementation of the ISM Code in cases where compliance with the ISM Code is a new requirement or where changes to the Company’s organization or its operations have rendered the existing certification inappropriate.

 

36.  For the purposes of the ISPS Code, the RO shall also be designated as a Recognized Security Organization (RSO) and may fulfill the duties required of the RSO. This authorization is limited to those specified in an assignment letter from the Marine Department.  Refer to IACS PR 18, and IACS PR 24.

 

37.  Each Vessel to which the ISPS Code applies shall be subject to an initial verification audit before the Vessel is put in service or before an ISSC is issued for the first time; at least one (1) intermediate verification; and a renewal verification at intervals specified by the Marine Department, but not more than five (5) years. This authorization includes approval of the Ship Security Plan.

 

38.  An interim ISSC may be issued by the RSO on behalf of the Administrator, for a period not longer than six (6) months, for the purposes of accommodating: a) a Vessel without a certificate, on delivery or prior to its entry or re-entry into service; b) the transfer of a vessel from the flag of a contracting government to the THAI Vessels; c) the transfer of a vessel to the THAI Vessels from a State which is not a contracting government; or d) the assumption by a Company of the responsibility for the operation of a Vessel not previously operated by that Company. Under no circumstances may a second consecutive interim ISSC be issued to a Vessel unless the circumstances so require with the specific authorization of the Marine Department.

 

39.  The RO shall verify compliance with the MLC, 2006, including the requirements pertaining to the Declaration of Maritime Labour Compliance (DMLC) Parts I and II, and for issuing a Maritime Labour Certificate on behalf of the Marine Department. Refer to Ministry of Transport Announcements, Ministry of Transport Notices, Marine Department Notices and Marine Department Guidelines applicable to MLC, 2006.

 

40. An intermediate inspection shall take place between the second and third anniversary dates of the certificate. The scope and depth of the intermediate inspection shall be equal to the inspection for certificate renewal. The certificate shall be endorsed following satisfactory intermediate inspection.

 

41. A Maritime Labour Certificate may be issued on an interim basis for a period of up to six (6) months: a) to a new Vessel on delivery;

b) when a vessel changes flag; or c) when an owner assumes responsibility for the operation of a Vessel which is new to that owner.

 

42.  The DMLC shall consist of two parts – 1) the DMLC Part I, drawn up by the Marine Department, and 2) the DMLC Part II, drawn up
        by the Vessel owner. Copies of both shall be supplied to the RO. The RO shall certify DMLC Part II against DMLC Part I.

 

43.  Re-issuance of the DMLC is not required at the renewal inspection, provided there have been no changes to the national provisions or Vessel owner measures recorded in DMLC Part I or DMLC Part II, respectively.

 

44.  A DMLC need not be issued for the period of validity of an interim certificate. However, the Vessel must have submitted the relevant information to the RO necessary to produce a DMLC.

 

45.  If the Marine Department does not itself issue equipment/type approvals but recognizes approvals granted by the RO; provided, the approvals are fully in accordance with convention requirements, IMO guidelines. Additionally, the Administrator will generally accept equipment/type approvals granted by another State that is a party to the applicable convention; provided, the approvals are fully in accordance with convention requirements and other IMO guidelines. Refer to Marine Department Regulation, Marine Department Notice Ship Standard Bureau Regulation and Standard Bureau Notice.

ภาคผนวก ๒

ANNEX II

 

 

REPORTING TO THE MARINE DEPARTMENT

 

The RO agrees to report to the Administrator information pertaining to the Statutory Certification and Services performed pursuant to this Agreement as indicated in the table below.

Unless stated otherwise, where copies of certificates, documents, etc., are required to be submitted to the Administrator, electronic access via the RO’s web site or an attachment to an email will be acceptable.

Reporting Requirements

Reporting Frequency

1.0        INITIAL CLASSIFICATION

1.1        Upon issuance of an interim or full term certificate of class to a

Vessel, the RO will so advise the Administrator and provide it with a copy of the certificate.

On issuance of such certificates.

2.0        NEW VESSELS/NEW REGISTRATIONS/RE-REGISTRATION

2.1        When a Vessel applies for registration, re-registration, or to come out of lay-up, the RO agrees that upon proper request it will promptly furnish for a Vessel owner and/or operator in good standing with the RO the following information and documentation, with an English translation where the original is not in the English language, directly to the Administrator:

2.1.1      Confirmation of classification certificate from the RO, together with a copy of the then current Interim or Full Term Classification Certificate. These documents are to be provided in hard copy or as email attachments.

2.1.2      A Statement or Affidavit from the RO at the date of registration, either in hard copy or as email attachments, indicating:

a.     the current status of all classification and relevant statutory surveys, setting forth the dates of completion of each;

b.  all conditions of classification, outstanding classification recommendations and/or memoranda, and outstanding statutory deficiencies;

c.     the relevant statutory certificates listed in Annex I to this Agreement (“Applicable Instruments”) which the RO is prepared to issue on behalf of the Administrator when all statutory surveys have been satisfactorily carried out; and

d.  to the extent known by the RO, any reasons why the Vessel is presently not fit to proceed to sea prior to the completion of outstandings as noted above.

2.1.3      Set of survey reports (only for existing vessels of 15 years of age or more), including:

a.    Classification Special Survey, Hull;

 

b.    Classification Special Survey, Machinery, and Electrical Equipment;

c.    Classification Drydocking Survey or Underwater Examination in Lieu of Drydocking;

 

d.    Load Line Survey;

e.    Safety Construction Survey;

f.    Safety Radio Survey;

g.    Safety Equipment Survey;

 

h.    IOPP Survey;

 

i.    ISPP Survey;

j.    ISM and ISPS audits; and

 

k.    MLC, 2006 Inspection.

 

 

 

 

 

 

Not more than thirty (30) days from at the date of registration.

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

At the date of registration.

2.2         A copy of General Arrangement drawings (after registration of Vessel).

Promptly after the registration of the Vessel.

 

 

 

Reporting Requirements

Reporting Frequency

3.0 EXISTING VESSELS-MAINTENANCE OF CLASSIFICATION

3.1 The Administrator shall be provided with a copy of any initial, interim, or full term classification certificates that are issued by the RO.

As and when issued.

3.2 The Administrator must be advised when:

 

3.2.1  there has been a change in the content(s) in any renewal or permanent certificate(s) issued.

3.2.2 where the class status of a Vessel is temporarily changed or certain material and/or operational restrictions are imposed. Such cases are deemed to be those involving surveys of outstanding deficiencies and, if necessary, temporary repairs which enable a Vessel to sail for only a limited period.1  The notification shall include the reason(s) why such action was taken.

3.2.3 there are overdue surveys.

 

3.2.4 a Vessel has been deemed unfit to proceed to sea, forwarding to the Administrator copies of any amended certificates that may have been issued.

3.2.5 upon the extension of the validity of any certificate(s) issued, the RO shall promptly advise the Administrator in writing.

Immediate.

3.3 The RO shall provide the Administrator with any Vessel statutory certificate issued by the RO on behalf of the Administrator

Immediate, upon request.

4.0 CHANGE OF CLASS

4.1 In cases of a transfer of the certification of a Vessel from one recognized organization to another, the Administrator, along with the gaining organization, shall be granted access to the history file of the Vessel.

Without undue delay.

5.0 – WITHDRAWL/CESSATION OF CLASSIFICATION AND/OR REGISTRATION

5.1 Inform the Administrator in case of issuance of a short term certificate.

Immediate.

5.2  Inform the Administrator when class is suspended, withdrawn, or cancelled for any reason, and explain the reason(s) for removal from class

Immediate.

5.3        Inform the Administrator in case of major casualties or serious safety-related issues which would normally result in suspension of class or be considered sufficient to detain a Vessel from proceeding to sea pending correction and explain the cause.

Immediate.

6.0         CLASS NOTATION

 

 

6.1         The Administrator shall be informed on each occasion a notation assigned to a Vessel is suspended/reinstated.              

 

Immediate

6.2         Certificates or certifying statements attesting to the continued assignment of the Periodically Unattended Machinery Space (“PUMS”) notation shall be issued to the Administrator and Vessel owners on request.  

 

On request

6.3         The Administrator shall be informed on each occasion a notation assigned to a Vessel with regards to PUMS is suspended for any cause or when it is reinstated.        

Immediate.

 

 

 

 

1 Examples of where the class status of a Vessel is temporarily changed or certain material and/or operational restrictions are imposed include: in specified ballast and/or loaded conditions; at reduced speed and/or machinery output; with reduced availability of power for essential power consumption; in restricted areas of navigation or on specific voyages only; for operation in specified weather conditions; and under tow or under escort.