SOLAS(2004). Chapter I. General Provisions

 

 CHAPTER I,
GENERAL PROVISIONS

 

 PART A - APPLICATION, DEFINITIONS, ETC.

 

 Regulation 1.
Application

 

a) Unless expressly provided otherwise, the present regulations apply only to ships engaged on international voyages.

 

b) The classes of ships to which each chapter applies are more precisely defined, and the extent of the application is shown, in each chapter.

 

 Regulation 2.
Definitions

 

For the purpose of the present regulations, unless expressly provided otherwise:

 

a) regulations means the regulations contained in the Annex to the present Convention;

 

b) Administration means the Government of the State whose flag the ship is entitled to fly;

 

c) approved means approved by the Administration;

 

d) international voyage means a voyage from a country to which the present Convention applies to a port outside such country, or conversely;

 

e) a passenger is every person other than:

 

i) the master and the members of the crew or other persons employed or engaged in any capacity on board a ship on the business of that ship; and

ii) a child under one year of age;

 

f) a passenger ship is a ship which carries more than twelve passengers;

 

g) a cargo ship is any ship which is not a passenger ship;

 

h) a tanker is a cargo ship constructed or adapted for the carriage in bulk of liquid cargoes of an inflammable* nature;

____________

* Inflammable has the same meaning as flammable.

 

i) a fishing vessel is a vessel used for catching fish, whales, seals, walrus or other living resources of the sea;

 

j) a nuclear ship is a ship provided with a nuclear power plant;

 

k) new ship means a ship the keel of which is laid or which is at a similar stage of construction on or after 25 May 1980;

 

l) existing ship means a ship which is not a new ship;

 

m) a mile is 1,852 metres or 6,080 feet;

 

n) anniversary date means the day and the month of each year which will correspond to the date of expiry of the relevant certificate.

 

 Regulation 3.
Exceptions

 

a) The present regulations, unless expressly provided otherwise, do not apply to:

 

i) ships of war and troopships;

 

ii) cargo ships of less than 500 tons gross tonnage;

 

iii) ships not propelled by mechanical means;

 

iv) wooden ships of primitive build;

 

v) pleasure yachts not engaged in trade;

 

vi) fishing vessels.

 

b) Except as expressly provided in chapter V, nothing herein shall apply to ships solely navigating the Great Lakes of North America and the River St. Lawrence as far east as straight line drawn from Cap des Rosiers to West Point, Anticosti Island and, on the north side of Anticosti Island, the 63rd Meridian.

 

 Regulation 4.
Exemptions

 

a) A ship which is not normally engaged on international voyages but which, in exceptional circumstances, is required to undertake a single international voyage may be exempted by the Administration from any of the requirements of the present regulations provided that it complies with safety requirements which are adequate in the opinion of the Administration for the voyage which is to be undertaken by the ship.

 

b) The Administration may exempt any ship which embodies features of a novel kind from any of the provisions of chapters II-1, II-2, III and IV of these regulations the application of which might seriously impede research into the development of such features and their incorporation in ships engaged on international voyages. Any such ship shall, however, comply with safety requirements which, in the opinion of that Administration, are adequate for the service for which it is intended and are such as to ensure the overall safety of the ship and which are acceptable to the Governments of the States to be visited by the ship. The Administration which allows any such exemption shall communicate to the Organization particulars of same and the reasons therefor which the Organization shall circulate to the Contracting Governments for their information.

 

 Regulation 5.
Equivalents

 

a) Where the present regulations require that a particular fitting, material, appliance or apparatus, or type thereof, shall be fitted or carried in a ship, or that any particular provision shall be made, the Administration may allow any other fitting, material, appliance or apparatus, or type thereof, to be fitted or carried, or any other provision to be made in that ship, if it is satisfied by trial thereof or otherwise that such fitting, material, appliance or apparatus, or type thereof, or provision, is at least as effective as that required by the present regulations.

 

b) Any Administration which so allows, in substitution, a fitting, material, appliance or apparatus, or type thereof, or provision, shall communicate to the Organization particulars thereof together with a report on any trials made and the Organization shall circulate such particulars to other Contracting Governments for the information of their officers.

 

 PART В - SURVEYS AND CERTIFICATES

 

 Regulation 6.
Inspection and survey

 

a) The inspection and survey of ships, so far as regards the enforcement of the provisions of the present regulations and the granting of exemptions therefrom, shall be carried out by officers of the Administration. The Administration may, however, entrust the inspections and surveys either to surveyors nominated for the purpose or to organizations recognized by it.

 

b) An Administration nominating surveyors or recognizing organizations to conduct inspections and surveys as set forth in paragraph (a) shall as a minimum empower any nominated surveyor or recognized organization to:

 

i) require repairs to a ship;

 

ii) carry out inspections and surveys if requested by the appropriate authorities of a port State.

 

The Administration shall notify the Organization of the specific responsibilities and conditions of the authority delegated to nominated surveyors or recognized organizations.

 

c) When a nominated surveyor or recognized organization determines that the condition of the ship or its equipment does not correspond substantially with the particulars of the certificate or is such that the ship is not fit to proceed to sea without danger to the ship, or persons on board, such surveyor or organization shall immediately ensure that corrective action is taken and shall in due course notify the Administration.

 

If such corrective action is not taken the relevant certificate should be withdrawn and the Administration shall be notified immediately; and, if the ship is in the port of another Party, the appropriated authorities of the port State shall also be notified immediately. When an officer of the Administration, a nominated surveyor or a recognized organization has notified the appropriate authorities of the port State, the Government of the port State concerned shall give such officer, surveyor or organization any necessary assistance to carry out their obligations under this regulation. When applicable, the Government of the port State concerned shall ensure that the ship shall not sail until it can proceed to sea, or leave port for the purpose of proceeding to the appropriate repair yard, without danger to the ship or persons on board.

 

d) In every case, the Administration shall fully guarantee the completeness and efficiency of the inspection and survey, and shall undertake to ensure the necessary arrangements to satisfy this obligation.

 

 Regulation 7.
Surveys of passenger ships

 

a) A passenger ship shall be subject to the surveys specified below:

 

i) an initial survey before the ship is put in service;

 

ii) a renewal survey once every 12 months, except where regulation 14(b), (e), (f) and (g) is applicable;

 

iii) additional surveys, as occasion arises.

 

b) The surveys referred to above shall be carried out as follows:

 

i) the initial survey shall include a complete inspection of the ship's structure, machinery and equipment, including the outside of the ship's bottom and the inside and outside of the boilers. This survey shall be such as to ensure that the arrangements, materials and scantlings of the structure, boilers and other pressure vessels and their appurtenances, main and auxiliary machinery, electrical installation, radio installations including those used in life-saving appliances, fire protection, fire safety systems and appliances, life-saving appliances and arrangements, shipborne navigational equipment, nautical publications, means of embarkation for pilots and other equipment fully comply with the requirements of the present regulations, and of the laws, decrees, orders and regulations promulgated as a result thereof by the Administration for ships of the service for which it is intended. The survey shall also be such as to ensure that the workmanship of all parts of the ship and its equipment is in all respects satisfactory, and that the ship is provided with the lights, shapes, means of making sound signals and distress signals as required by the provisions of the present regulations and the International Regulations for Preventing Collisions at Sea in force;

 

ii) the renewal survey shall include an inspection of the structure, boilers and other pressure vessels, machinery and equipment, including the outside of the ship's bottom. The survey shall be such as to ensure that the ship, as regards the structure, boilers and other pressure vessels and their appurtenances, main and auxiliary machinery, electrical installation, radio installations including those used in life-saving appliances, fire protection, fire safety systems and appliances, and arrangements, shipborne navigational equipment, nautical publications, means of embarkation for pilots and other equipment is in satisfactory condition and is fit for the service for which it is intended, and that it complies with the requirements of the present regulations promulgated as a result thereof by the Administration. The lights, shapes, means of making sound signals and distress signals carried by the ship shall also be subject to the above-mentioned survey for the purpose of ensuring that they comply with the requirements of the present regulations and of the International Regulations for Preventing Collisions at Sea in force;

 

iii) an additional survey either general or partial, according to the circumstances, shall be made after a repair resulting from investigations prescribed in regulation 11, or whenever any important repairs or renewals are made. The survey shall be such as to ensure that the necessary repairs or renewals have been effectively made, that the material and workmanship of such repairs or renewals are in all respects satisfactory, and that the ship complies in all respects with the provisions of the present regulations and of the International Regulations for Preventing Collisions at Sea in force, and of the laws, decrees, orders and regulations promulgated as a result thereof by the Administration;

 

c)

 

(i) the laws, decrees, orders and regulations referred to in paragraph (b) of this regulation shall be in all respects such as to ensure that, from the point of view of safety of life, the ship is fit for the service for which it is intended;

 

ii) they shall among other things prescribe the requirements to be observed as to the initial and subsequent hydraulic or other acceptable alternative tests to which the main and auxiliary boilers, connections, steam pipes, high pressure receivers and fuel tanks for internal combustion engines are to be submitted including the test procedures to be followed and the intervals between two consecutive tests.

 

 Regulation 8.
Surveys of life-saving appliances and other equipment of cargo ships

 

a) The life-saving appliances and other equipment of cargo ships of 500 tons gross tonnage and upwards as referred to in paragraph (b)(i) shall be subject to the surveys specified below:

 


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