L.S. 234.30 Regoli dwar Bastimenti Merkantili - Safety Convention

(1)In these rules, unless the context otherwise requires - ''Act'' means the Merchant Shipping Act; Citation. Interpretation. Cap. 234. ''Safety Convention'' means the International Convention for the Safety of Life at Sea signed in London on 1st November, 1974, including any amendment or Protocol related thereto as may from time to time be ratified, acceded to or accepted by the Government of Malta and other instruments, standards and specifications of a mandatory nature related thereto adopted or developed by the International Maritime Organisation or in terms of regulation 3

(2)(a) hereof.

(2)Unless otherwise defined in these rules or unless the context otherwise requires, words and expressions used in these rules shall have the same meaning assigned to them in the Safety Convention.

(3)The term ''Administration'' as used in the Safety Convention shall, for the purposes of these rules, mean the Registrar-General. 3.

(1)The Safety Convention as may from time to time be in force, shall, unless otherwise provided in these rules and notwithstanding the provision of any other law, form part of and be enforceable as part of the Law of Malta and shall apply to all Maltese ships and to all other ships while they are in Maltese waters as determined by the said Convention.

(2)The Registrar-General may either on a case by case basis or through the issue of Merchant Shipping Notices (

1. a)determine, lay down, prescribe, set or specify what may be required to be determined, laid down, prescribed, set or specified by these rules or by the Safety Convention, or expound on the requirements of these rules or of such Convention or clarify their applicability or interpretation; and (
2. b)extend any of the provisions of the Safety Convention to other classes of Maltese ships or, to other classes of ships when they are in Maltese waters; and in so doing, and without prejudice to the generality of the foregoing, the Registrar-General shall be guided by the circulars, clarifications, codes, decisions, directives, guidelines, instruments, interpretations, manuals, notices, publications, recommendations, Safety Convention given force of law in Malta. 2 [ S.L.234.30 (SAFETY CONVENTION) regulations, resolutions, rules or any other similar medium of the International Maritime Organisation or any other body or organisation with an appropriate knowledge or competence on the subject matter.

(3)The appropriate authority for the purposes of issuing certificates in terms of the Safety Convention shall be the Registrar-General or an organisation or body authorised in terms of article 367 of the Act or an official surveyor of ships appointed in terms of that article, duly authorised by the Registrar-General who shall, subject to the provisions of these rules and such Convention, determine the conditions of issue and validity of such certificates. Duty to ensure compliance.

1. It shall be the duty of the owner of the company which has assumed the operation of the ship and of the master to ensure that the ship is in compliance with the provisions of these rules and the applicable requirements of the Safety Convention and such person, if in fault, shall be liable to the penalties provided for in the Act, and if no such penalty is provided, such person shall for each offence be liable to a fine (multa) not exceeding 500 units. Provisions of rules and regulations inconsistent with the Safety Convention.
2. Save as provided for in these rules where any provisions of any rules and regulations made under the Act are inconsistent with the provisions of the Safety Convention, the provisions of that Convention shall, unless specifically provided for in such rules or regulations, apply.