L.S. 399.32 Regolamenti dwar l-Użu ta’ Radjokomunikazzjonijiet minn Bastimenti Merkantili

(1)Any reference in these regulations to "the Act" is a reference to the Electronic Communications (Regulation) Act, unless the context otherwise requires, and subject to the provisions of subregulation

(2), the provisions of article 28 of the Act shall apply to these regulations. Interpretation. Cap. 399.

(2)In these regulations unless the context otherwise requires: "the Authority" means the Malta Communications Authority; "maritime radiocommunications inspector" means an officer appointed by the Minister for the purposes of these regulations and of Part IV of the Act and any references to inspector in these regulations shall be construed as referring to any such inspector; "the Minister" means the minister responsible for communications; "passenger ship" has the same m eaning as defined in the Merchant Shipping Act.

1. Every sea-going Maltese ship being a passenger ship or a ship of three hundred tons gross tonnage or upwards shall be provided with a radiocommunications installation being a Global Maritime Distress Safety System (GMDSS) or such other radiocommunications installation as the Minister may prescribe under the Act in respect of any category of ships, and a licence to install and use the same, and shall maintain a radiocommunications service which shall be at least sufficient to comply with these regulations, the Act or any other regulations made thereunder and with the provisions of the Merchant Shipping Act or with any regulations made thereunder, and shall be provided with one or more certified operators and watchers at least, in accordance with such rules and regulations: Provided that the Minister may by order exempt, in whole or in part, from the obligations imposed by these regulations any ships or classes of ships if he is of the opinion that, having regard to the nature of the voyages on which the ships are engaged, or other circumstances of the case, it is appropriate so to do. Cap.
2. Radiocommunication requirements. Cap.
3. 2 [ S.L.399.32 Inspection of ships. Cap.
4. USE OF RADIOCOMMUNICATIONS BY MERCHANT SHIPS 5.

(1)A surveyor of ships or an inspector may inspect any ship for the purpose of seeing that she is properly provided with a radiocommunications installation and with certified operators and watchers in conformity with these regulations and with any rules from time to time made under the Act, and for the purpose of that inspection shall have all the powers of a surveyor under the Merchant Shipping Act.

(2)If the said surveyor or inspector finds that the ship is not so provided, he shall give to the master or owner notice in writing pointing out the deficiency, and also pointing out what in his opinion is requisite to remedy the same.

(3)Every notice so given shall be communicated by the said surveyor or inspector in writing to the Comptroller of Customs, and any ship which may seek to obtain a clearance or transire shall be detained until a certificate under the hand of any such surveyor or inspector is produced by the master of the ship to the Comptroller of Customs to the effect that the ship is properly provided with radiocommunications installation and certified operators and watchers in conformity with these regulations, with the Act and with any other regulations from time to time made under the Act.

(4)If the surveyor or inspector is satisfied that a ship is properly provided with an installation and operators and watchers as required by these regulations, the Act or by regulations made from time to time under the Act, he shall forthwith inform the Comptroller of Customs in writing that the ship is so provided and shall give a certificate under his hand to the same effect to the owner or master of the ship. Issuance of licence. Cap. 234. 6.

(1)The licence to install and use a radiocommunications installation required by these regulations may be issued by the Authority to the owner of a ship or his agent applying for the same as soon as the Authority shall have received from the surveyor or inspector the certificate aforesaid: Provided that the Authority may, notwithstanding the provisions of this sub-regulation, issue a provisional licence or a number of provisional licences which in the aggregate shall not cover a period exceeding twelve months, from the date of registration of a vessel under the Merchant Shipping Act, in such circumstances and under such conditions as he may deem appropriate.

(2)A licence shall be valid for the period, not being more than a period of thirty-six calendar months as may be stated in the licence and may be renewed for successive periods each not being of more than thirty-six months, as may be stated on renewal. Sea-going ships provided with radiocommunicatio ns installation to obtain licence. 7.

(1)The owner of any sea-going Maltese ship which is provided with a radiocommunications installation,or his agent, shall, whether the foregoing provisions apply to the ship or not, obtain a licence from the Authority to install and use such installation.

(2)This regulation shall not apply to a Maltese ship bareboat charter registered in a foreign registry, while it is so registered. USE OF RADIOCOMMUNICATIONS BY MERCHANT SHIPS [ S.L.399.32 3

1. If any of the provisions of these regulations are not complied with in the case of any ship, any person being owner, master or agent of the ship as the case may be shall, on conviction, be liable in respect of each offence to a fine (multa) of not less than three hundred euro (€300) and not more than five thousand euro (€5,000), and any such offence may be prosecuted before the Court of Magistrates. Penalties.
2. The obligations imposed by these regulations shall be in addition to, and not in substitution for, the obligations as to radiocommunications imposed by the Merchant Shipping Act. Regulations are in addition to the Merchant Shipping Act. Cap. 234.