RESOLUTION OF THE MINISTRY OF TRANSPORT AND COMMUNICATIONS OF THE REPUBLIC OF BELARUS

of December 22, 2008 No. 133

About approval of the Instruction about procedure for determination of the minimum structure of boat team in case of which vessel exit in the sea is allowed

Based on Article 49 of the Merchant Marine Code of the Republic of Belarus and the Regulations on the Ministry of Transport and Communications of the Republic of Belarus approved by the resolution of Council of Ministers of the Republic of Belarus of July 31, 2006 No. 985 "Questions of the Ministry of Transport and Communications of the Republic of Belarus", the Ministry of Transport and Communications of the Republic of Belarus DECIDES:

1. Approve the enclosed Instruction about procedure for determination of the minimum structure of boat team in case of which vessel exit in the sea is allowed.

2. This resolution becomes effective after its official publication.

Approved by the Resolution of the Ministry of Transport and Communications of the Republic of Belarus of December 22, 2008 No. 133

The instruction about procedure for determination of the minimum structure of boat team in case of which vessel exit in the sea is allowed

Chapter 1. General provisions

1. The instruction about procedure for determination of the minimum structure of boat team in case of which vessel exit in the sea is allowed (further the Instruction) is developed based on the Merchant Marine Code of the Republic of Belarus, the Convention of the United Nations on maritime law accepted by the United Nations to Montego Bay on December 10, 1982, the International convention on protection of human life at the sea of 1974 (further - the Convention SOLAS), the International convention about preparation and certification of seamen and watchkeeping of 1978 (further - the Convention PDMNV), other international treaties of the Republic of Belarus, codes and resolutions of International Maritime Organization (further - IMO).

The instruction establishes procedure for determination in the Republic of Belarus of the minimum structure of boat team (further - the minimum structure of crew) in case of which vessel exit in the sea is allowed.

2. Requirements of this Instruction extend to self ocean ships and vessels of the swimming mixed (river sea) with capacity of propulsion unit of 55 kW and more, the Republic of Belarus registered in the State register of ocean ships, and also to the inland navigation vessels and the swimming mixed (river sea) registered in the State ship register of the Republic of Belarus during their following on sea lanes with calling seaport.

3. This Instruction does not extend to public, fishing and small size vessels, inland navigation vessels, except specified in Item 2 of this Instruction, and also sailing ships irrespective of availability on them auxiliary engines.

4. For the purposes of this Instruction the following terms and determinations are used:

the minimum structure of crew - the minimum number of the crew members of the vessel having the qualification provided by the Convention PDMNV, sufficient for safety control of navigation of the vessel, safety of load and baggage, protection of the marine environment, fulfillment of requirements to respect for on-duty time onboard the vessel and to non-admission of overload of crew members of the vessel work;

the standard sea going merchantman - single-housing water tonnage one - or the double-deck ocean ship with the transverse bulkheads brought to upper deck and the loading performed vertically through upper deck.

Chapter 2. Requirements to forming of the minimum structure of boat team

5. Depending on type, assignment and the ship's working area the shipowner shall approve the staff list of boat team which members have number, structure and the qualification provided by the Convention PDMNV, navigations of the vessel, safety of load and baggage, protection of the marine environment, necessary for safety control, taking into account:

duration and nature of runs;

quantities, type, capacity and extent of automation of main propulsion plants and auxiliary machines;

gross tonnage of the vessel;

design and technical equipment of the vessel;

characteristics of the transported load;

requirements of the legislation of the Republic of Belarus, IMO, International Labour Organization, World Health Organization and International union of telecommunication (further - MSE) concerning observance onboard the vessel of regulations and standards of work and life, health protection, social security, preparation and certification of crew members.

6. The minimum structure of crew is created of officers and crew according to the staff list of boat team which is issued by the shipowner on the vessel before its commissioning.

The minimum structure of crew cannot join the workers servicing passengers and boat team.

7. The minimum structure of crew shall be completed so that to provide:

conducting general observation of the vessel and execution of safe navigational, engineering watch and radio watch according to requirements of the Convention PDNV, the Convention SOLAS and the Radio regulation of MSE;

safety of mooring transactions, and also safety of the vessel during any transactions during its stay in port;

control of processing, placement and safety of loads onboard the vessel and transactions on their processing in port;

protection of the marine environment;

observance of fire precautions of safety;

delivery of health care onboard the vessel;

actuation on the vessel of all available onboard waterproof closings, control of water tightness and possible damages of the vessel;

actuation on the vessel of all available onboard life preservers and the fire-fighting equipment, expansion of damage control party;

production on alarm of collection and evacuation from the vessel of the passengers and crew members who are not occupied in adequate measures according to muster list;

operation, technical maintenance and content in safe state of all propelling and auxiliary machines of the vessel.

8. Members of the minimum structure of crew shall have the diplomas and certificates provided by the Convention PDMNV certifying their qualification which originals shall be on the vessel.

9. The number of the minimum structure of crew is determined based on the standard rate of the minimum structure of crew of the standard sea going merchantman according to appendix 1.

Chapter 3. Obligations of the shipowner on ensuring compliance of boat team to the established requirements

10. Vessel compliance to requirements for completion by crew in case of which vessel exit in the sea is allowed is confirmed by the certificate on the minimum structure of boat team (daleesvidetelstvo).

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