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TABLE OF CONTENTS CHAPTER I GENERAL PRINCIPLES CHAPTER II VESSEL COMPANIES Chapter III Vessels CHAPTER IV SEAMEN CHAPTER V NAVIGATION SAFETY CHAPTER VI SECURITY GUARANTY CHAPTER VII LEGAL LIABILITIES CHAPTER VIII SUPPLEMENTARY PROVISIONS CHAPTER I GENERAL PRINCIPLES Article 1. The present Rules are formulated according to the relevant laws and administrative regulations such as the Law of the People's Republic of China on the Security of Marine Communication and the Regulation of the People's Republic of China on the Security Administration of the Inland River Communication in order to intensify the supervision and administration of high-speed passenger ships, preserve the order of water communication and safeguard the security of the people's properties. Article 2. The present Rules shall apply to the high-speed passenger ships that voyage, anchor or engage in the relevant activities within the navigable waters of the People's Republic of China as well as to those vessels' owners, business operators and the relevant personnel. Article 3. The Maritime Safety Administration of the People's Republic of China is the administrative organ responsible for the implementation of the present Rules. The maritime administration organs at all levels shall take charge of implementing the present Rules within their respective jurisdictions. CHAPTER II VESSEL COMPANIES Article 4. A vessel company that engages in the business operation of high-speed passenger ships shall satisfy the requirements of the Provisions on the Administration of the Qualification for Undertaking Internal Shipping Transportation to obtain the relevant qualification for business operation. Article 5. Where a vessel company purchases or charters a second-hand high-speed passenger ship of foreign nationality, it shall meet the requirements of the Provisions on the Administration of Old Transport Vessels. Article 6. A vessel company shall, before initiating its business operation of high-speed passenger ships, formulate the following materials and guidance in a brochure form: (1) A brochure of shipping lines; (2) A brochure of vessel operation; (3) A brochure of vessel repair and maintenance; and (4) A brochure of training. The contents as required in the aforesaid brochures shall be determined by the administrative organ of maritime safety. Article 7. A vessel company that engages in the operation of high-speed passenger ships shall establish a management system compatible with the operational features of high-speed passenger ships, including a break system for preventing seamen's fatigue. Chapter III Vessels Article 8. A high-speed passenger ship shall pass the inspection of vessels, go through the formalities for registration of vessels and be licensed a valid vessel certificate. Article 9. Before a high-speed passenger ship is put into operation, its operator shall apply for a License for Safe Operation of High-speed Passenger Ships to the maritime administration organ where its major business is located. The following materials shall be submitted when applying for a License for Safe Operation of High-speed Passenger Ships: (1) An Inspection Certificate of Vessels; (2) The Ownership Certificate of Vessels and the Nationality Certificate of Vessels; (3) The Seamen's Competency Certificate and the Certificate of Seamen's Passing the Special Training; (4) A brochure of shipping lines; (5) A brochure of vessel operation; (6) A brochure of vessel repair and maintenance; (7) A brochure of training; and (8) Any other material prescribed by laws and regulations. The maritime administration organ shall issue a License for Safe Operation of High-speed Passenger Ships to any ship that meets the relevant requirements upon examination. Only on the strength of the said License may a high-speed passenger ship be put into operation. The latest proper brochure of shipping lines, brochure of vessel operation, brochure of vessel repair and maintenance and brochure of training shall be carried along with a high-speed passenger ship. Article 10. The signal lamp, signal type, audible signal, radio communication equipments, fire fighting equipments, lifesaving equipments and emergency equipments shall be installed onto a high-speed passenger ship according to the requirements of the relevant provisions. All the equipments and facilities on a high-speed passenger ship shall be kept in a good and ready state for application. CHAPTER IV SEAMEN Article 11. A seaman who works on a high-speed passenger ship shall meet the following requirements: (1) Having participated in the basic security training that is recognized by the administrative organ of maritime safety and obtained the certificate of passing the training, in particular, a captain, driver, chief engineer or engineer, or a general seaman who has been designated to take charge of safe operation and passengers' security having participated in the special training and obtained the certificate of passing the special training; (2) A captain, driver, chief engineer or engineer holding the relevant Competency Certificate according to the provisions; (3) One who has obtained a Seamen's Competency Certificate for working on a high-speed passenger ship having a probation period of navigation for not less than 10 hours and 20 single navigations before assuming his post; (4) A male captain or driver being no more than 60 years old and a female captain or driver being no more than 55 years old. Where a seaman working on a non-high-speed passenger ship applies for a Competency Certificate of captain, chief mate or chief engineer working on a high-speed passenger ship, he shall not be older than 45; and (5) The fitness of a captain or driver, especially his eyesight, audition and oral proficiency, meeting the relevant requirements. Article 12. A maritime administration organ authorized by the administrative organ of maritime safety shall take charge of the training administration, examination and certificate issuance for seamen working on high-speed passenger ships. The relevant provisions on training, examination and certificate issuance shall be promulgated by the administrative organ of maritime safety for implementation. Article 13. A high-speed passenger ship shall apply for the Minimum Safe Manning Document to the maritime administration organ that has handled the formalities for its registration of vessels. The standards for minimum safe manning on a high-speed passenger ship shall meet the requirements prescribed in the Attachment of the present Rules. Article 14. A driver of a high-speed passenger ship shall not keep on duty for more than 2 consecutive hours. There shall be sufficient interval for break between two driving duty times. The specific standards shall be determined by the local maritime administration organ. CHAPTER V NAVIGATION SAFETY Article 15. The safe speed shall be strictly preserved in the navigation of a high-speed passenger ship so as to avoid any crash or wave damage. Where a high-speed passenger ship enters into or exists out of a harbor or passes by any special voyage length, it shall observe the provisions of the local maritime administration organ on speed. An underway high-speed passenger ship shall signal yellow on voyage. Article 16. Where a high-speed passenger ship is underway, the seamen on duty shall do a good job in the navigation safety according to their respective functions and duties on post. The staff on the post of watch on the driving deck shall look out according to the regulations. Any irrelevant person may not enter into the driving deck. Article 17. Where a high-speed passenger ship navigates in a harbor or any navigable waters of an inland river, it shall actively make way to any non-high-speed ship. Where a high-speed passenger ship navigates at sea or eschews itself against another high-speed passenger ship, the relevant measures shall be adopted according to the related provisions of the Rules for Avoidance and Crashes. Where a high-speed passenger ship navigates at any special voyage length, the relevant provisions on special navigation promulgated by the maritime administration organ shall be observed. Article 18. The maritime administration organ shall, when it so requires, recommend or designate a shipping line for a high-speed passenger ship and the latter shall observe the relevant provisions of the maritime administration organ on shipping lines. Article 19. In the case of any unfavorable weather or bad visibility, the maritime administration organ may suggest that a high-speed passenger ship stop its navigation. Article 20. A high-speed passenger ship shall take passengers according to the passenger quota prescribed in the relevant provisions and no overload is allowed. A high-speed passenger ship is prohibited from taking or landing passengers on any station or stop where it hasn't obtained an approval to do so. CHAPTER VI SECURITY GUARANTY Article 21. A high-speed passenger ship shall take or land passengers in a special quay. In case any non-special quay is requested for application, it shall be subject to the examination and approval of the maritime administration organ. Article 22. A high-speed passenger ship shall be anchored in a quay that meets the following requirements: (1) Meeting the basic requirements of safe berth of vessels; (2) Where a high-speed passenger ship is anchored, there shall be no wave damage against other vessels; (3) Being out of the way of the crowded navigable area or narrow voyage length in a harbor; (4) Its facilities for taking and landing passengers meeting the requirements for work safety; (5) Having sufficient illumination at night; and (6) Having the security measures for protection against frost or slip. Article 23. There shall be the relevant restrictions on the size and quantity of the articles carried by the passengers on board of a high-speed passenger ship so that the passengers' luggage and articles may not block up the passage on board. It is highly prohibitive for any high-speed passenger ship or its passenger on board to carry any dangerous article. Article 24. There shall be a reserve fire fighting rehearsal and a reserve withdrawal rehearsal for a high-speed passenger ship on a weekly basis and the relevant transcripts of rehearsal shall be made. Before any navigation is started, the relevant instructions on security shall be delivered to the passengers on board. Article 25. A security self-examination system shall be established before each navigation of a high-speed passenger ship, wherein a security self-examination table shall be formed so that the relevant examination may be carried out correspondingly. The maritime administration organ may conduct random inspection on the security self-examination table before any navigation. Article 26. A high-speed passenger ship shall, according to the relevant provisions, go through the formalities for entry into or exit out of a harbor and shall pay fees according to the relevant provisions. A high-speed passenger ship that engages in the internal navigation shall go through the formalities for vessel visa for no less than 1 time each day. As to a high-speed passenger ship that engages in the international navigation, a fixed-term license for entering into or exiting out of a harbor with a maximum term of 7 days may be applied. A high-speed passenger ship shall not navigate at night. Where a high-speed passenger ship that navigates in special waters requires so, it shall apply to the local maritime administration organ for permission to enter into or exit out of a harbor and may do so only upon an approval. Article 27. Where a high-speed passenger ship runs into any traffic accident or dangerous situation or where any of its personnel falls into waters, the relevant measures for self-rescue shall be adopted and the matter shall be immediately reported to the nearest maritime administration organ. CHAPTER VII LEGAL LIABILITIES Article 28. Any entity or person that violates the present Rules shall be subject to a punishment given by the maritime administration organ according to the relevant laws and administrative regulations as well as the relevant provisions of the Ministry of Communications. Article 29. Where a high-speed passenger ship violates the present Rules and refuses to correct after the maritime administration organ gives the relevant punishment, the maritime administration organ may order it to stop its navigation. Article 30. Where any functionary of the maritime administration organ violates the relevant provisions by abusing his power, neglecting his duty and thus incurring losses to the life and properties of the people, his entity or the superior administrative organ thereof shall give him an administrative sanction. Where a crime is constituted, the violator shall be subject to criminal liabilities according to law. CHAPTER VIII SUPPLEMENTARY PROVISIONS Article 31.The term "high-speed passenger ship" mentioned in the present Rules refers to a vessel with a boarding capacity of more than 12 passengers, a maximum sailing speed of no less than the follows (meter/second): 3.7¡§Œ 0.1667, wherein "¡§Œ" refers to the drainage volume (cubic meters) corresponding to the designed waterline, but does not include any vessel that may, without any water drainage, be fully supported above water by the aerodynamic lift. The term "vessel company" mentioned in the present Rules refers to an owner, business operator or manager of vessels or an organization that has taken over the liabilities of vessel operation from a vessels' owner and has assumed all the obligations and responsibilities of vessel security and pollution prevention. Article 32. A high-speed passenger ship of foreign nationality may not be subject to the provisions of Chapter 2 through 4 of the present Rules but shall satisfy the requirements of the administrative authorities of the flag country. Article 33. Any other relevant matter that has not been mentioned herein shall be carried out according to the relevant regulations of the state as well as the relevant international convention that China has acceded to. Article 34. The power to interpret the present Rules shall remain with the Ministry of Communications. Article 35. The present Rules shall come into force as of June 1, 2006. The Rules of the People's Republic of China for the Security Administration of High-speed Passenger Ships promulgated by the Ministry of Communications on December 24, 1996 (No. 13 [1996] of the Ministry of Communications) shall be simultaneously abolished. Attachment: The Minimum Manning of a High-speed Passenger Ship ATTACHMENT: THE MINIMUM MANNING OF A HIGH-SPEED PASSENGER SHIP I. Along-shore Shipping Lines and International Shipping Lines Security Manning: T<2H Passengers < 200 : 1 captain; 1 chief engineer; 1 driver; 1 engineer; 1 general seaman Passengers >=200: 1 captain; 1 chief engineer; 1 driver; 1 engineer; 2 general seamen Security Manning: 2H<=T<4H Passengers < 200: 1 captain; 1 chief engineer; 1 driver; 1 engineer; 2 general seamen Passengers>=200: 1 captain; 1 chief engineer; 1 driver; 1 engineer; 3 general seamen Security Manning: T>=4H Passengers < 200: 1 captain; 1 chief engineer; 2 drivers; 1 engineer; 2 general seamen Passengers >=200: 1 captain; 1 chief engineer; 2 drivers; 1 engineer; 3 general seamen Notes: 1. There shall be at least 1 sailor among the general seamen. 2. The manning in the passenger department as well as the relevant personnel in charge of telecommunication shall be verified according to the minimum manning form for sailing vessels prescribed in the Rules of the People's Republic of China for the Minimum Manning on Vessels. 3. T-Term of a single navigation; H-Hour. II. Inland River Shipping Lines Security Manning: T<2H Passengers < 100: 1 captain; 1 engineer; 1 driver Passengers>=100: 1 captain; 1 chief engineer; 1 driver; 1 general seaman Security Manning: 2H<=T<4H Passengers < 100: 1 captain; 1 chief engineer; 1 driver; 1 general seaman Passengers>=100: 1 captain; 1 chief engineer; 1 driver; 2 general seamen Security Manning: T>=4H Passengers < 100: 1 captain; 1 chief engineer; 1 driver; 1 engineer; 2 general seamen Passengers >=100: 1 captain; 1 chief engineer; 2 drivers; 1 engineer; 2 general seamen Notes: 1. There shall be at least 1 sailor among the general seamen. 2. The manning in the passenger department shall be verified according to the minimum manning form for inland water vessels prescribed in the Rules of the People's Republic of China for the Minimum Manning on Vessels. 3. T-Term of a single navigation; P-Passenger quota; H -Hour. |
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