Federal Law on Merchant Shipping (Safety of Non-Convention Ships)

Ata Atun, Clelia Theodolou, Other Committee Members

 

 

 

Foundation Agreement

Annex III, Attachment 11, Law 22A

 

 

 

 

 

 

 

 

 Federal Law on Merchant Shipping (Safety of Non-Convention Ships)

 


 

It is hereby provided as follows:

 

Short title

 

1. This Law may be cited as the Federal Law on Merchant Shipping (Safety of Non-Convention Ships).

 

Interpretation

 

2.(1)   In this Law unless the context otherwise requires –

 

Court means a court of competent jurisdiction;

 

“Cyprus” means the United Cyprus Republic;

 

“Cyprus ship” has the meaning assigned to it by the Federal Law on Merchant Shipping (Registration of Ships, Sales and Mortgages);

 

“Department” means the Department having responsibility for maritime affairs;

 

“Director” means the head of the Directorate;

 

“Directorate” means the Directorate of Maritime Affairs of the Department;

 

"Competent Authority" means the Director;

 

“Gazette” means the federal Official Gazette

 

“ship” means a non convention ship which is engaged in voyages  within the territory of Cyprus;

 

“Member State ship” means a ship entitled to fly the flag of a Member State of the European Union;

 

"Member" means the member of the Presidential Council heading the Department;

 

“non convention  ship” means a ship to which the provisions of the International Convention for the Safety of Life at Sea, 1974, as amended and in force on the date the present Law comes into force, and as may be amended, from time to time, in accordance with the provisions of Article VIII, provided that Cyprus has not objected to such amendments;  do not apply;

 

«operator of the ship» means the owner or any other person, such as the manager or the bareboat charterer, who has assumed the responsibility for operating the ship from the owner and who, by assuming such responsibility, has agreed to undertake all the duties and responsibilities which are imposed for the purposes of this Law;

 

«owner» means any person who owns a ship or a share therein and is registered as such in the Register of Ships of the flag state;

 

Scope of Application

 

3. This Law applies to non convention ships irrespective of the flag they are entitled to fly, to the extent that such ships are not regulated by the Federal Law on Merchant Shipping (Safety Rules and Standards for Passenger ships).

 

Regulations

 

4. The Presidential Council may make Regulations published in the Gazette for prescribing or regulating any matter, which, needs to, or may, be prescribed or regulated.

 

Prohibition of Sailing

 

5.(1)   The sailing of ships, which are subject to the provisions of this Law, is prohibited for as long as they do not comply with the requirements of this Law and of the Regulations made under this Law .

 

(2)       If during, the inspection, by the Competent Authority, of any ship under this Law, the Competent Authority ascertains any contravention of this Law and the Regulations made under this Law, the Competent Authority shall confirm to the master the particular contravention in writing, call the master to explain the situation in writing and issue, if it appears to it necessary, an order prohibiting the ship from sailing until the Competent Authority is satisfied that-

 

(a)         the deficiencies and irregularities have been rectified and/or the ship can proceed to sea without danger to the passengers or crew; and

 

 

(b)         the charges for the inspection of the ship, in order to confirm the rectification of the above deficiencies and irregularities and/or ascertainment of the ability of the ship proceed to sea without danger to the passengers or crew, have been paid by or on behalf of the ship; and

 

 

(c)         in case of an administrative fine being imposed in accordance with the provisions of this Law, such fine has been paid.

 

(3)       An order prohibiting the ship from sailing under sub-section (2) shall also include information about the right to hierarchical recourse under this Law.

 

Criminal Offences

 

6.(1)   A master, who attempts to sail in contravention of the prohibition of sailing imposed on the ship under the provisions of this Law, shall be guilty of an offence, and upon conviction, shall be liable to imprisonment for a term not exceeding two years, or to a fine not exceeding five thousand pounds, or to both such sentences.

 

(2)       The owner, the operator, the agent of the ship or any other person who knowingly aids and/or assists in the commission of an offence under sub-section (1) commits the same offence.

 

(3)       A fine imposed under this Law shall be paid to the Federal Government.

 

[(4)      For the purposes of this section, the competent Court, in case of a ship committing an offence under sub-section (1), whilst within any Cyprus port, is the competent Court of the respective constituent State.

 

Administrative Fine

 

7.(1)   Without prejudice to sub-section (8), contravention of the provisions of this Law,  and the Regulations made under this Law , shall be punishable, notwithstanding whether a case of criminal or disciplinary liability arises under any other legal provision, with an administrative fine not exceeding five thousand pounds, depending on the seriousness of the contravention.

 

(2)       An administrative fine under sub-section (1) shall be imposed on the owner or the operator or the master, by a reasoned decision of the Competent Authority confirming the contravention.

 

(3)       The amount of any fine imposed under sub-sections (1) and (2), shall be calculated in each case on the basis of directions issued by the Member under this Law.

 

(4)       The Competent Authority shall notify in writing the person, on whom an administrative fine has been imposed under sub-sections (1) and (2), of its decision imposing the administrative fine and, in case the sailing of the ship has been prohibited under this Law, it shall not allow lifting of the order prohibiting the ship from sailing under this Law, until the administrative fine has been paid, or a bank guarantee issued by a recognized bank of equal amount for the benefit of and with terms satisfying the Competent Authority has been deposited.

 

(5)       A notification under sub-section (4) shall also include information about the right to hierarchical recourse under this Law.

 

 

(6)       Administrative fines and bank guarantees shall be paid to the Federal Government.

 

(7)       No administrative fine shall be imposed on any foreign ship under sub-section (1) unless contravention has caused or threatens to cause loss of life or personal injury or serious damage to property in the territory of Cyprus.

 

Hierarchical Recourse

 

8.(1)   A recourse may be filed with the Member against-

 

(a)         an order of the Competent Authority prohibiting the sailing of a ship under this Law; or

(b)         a decision of the Competent Authority imposing an administrative fine under this Law.

 

(2)       A recourse under sub-section (1) shall be filed-

 

(a)         within seventy two hours from the time of issue of the order prohibiting the sailing of the ship;

(b)         within thirty days from the date of notification of the decision to impose an administrative fine in the case of a contravention confirmed in a Cyprus port;

(c)         within sixty days from the date of notification of the decision to impose an administrative fine of a contravention confirmed in a foreign port.

 

(3)       A recourse under sub-section (1) shall not suspend the execution of an order prohibiting the sailing of the ship or of a decision imposing an administrative fine.

 

(4)       The Member shall examine the hierarchical recourse and shall, after having heard the interested parties or having given them an opportunity to express their views in writing, issue a decision on the recourse pursuant to sub-section (5)-

 

(a)         in case the recourse relates to an order prohibiting the sailing of a ship, not later than twenty-four hours;

(b)         in case the recourse relates to a decision imposing an administrative fine, not later than ten days;

 

from the time of the last hearing or of the receipt of the written submissions of the interested parties.

 

(5)       The Member may decide-

 

(a)         to confirm the challenged order or decision; or

(b)         to declare the challenged order or decision null and void; or

(c)         to amend the challenged decision; or

(d)         to issue a new decision in substitution for the challenged decision.

 

(6)       A decision under sub-section (5) shall also include information about the right to a recourse to the Supreme Court of Cyprus in accordance with the provisions of the Federal Law on the Administration of Justice.

 

(7)       A recourse under sub-section (6) shall not suspend the execution of a decision under sub-section (5).

 

(8)       The Competent Authority shall collect any amounts due under a bank guarantee in relation to an administrative fine imposed under this Law-

 

(a)         if no recourse to the Member is filed under subsection (1), after the lapse of the time limits specified in sub-sections (2)(b) or (c); or

(b)         if no recourse to the Supreme Court of Cyprus is filed against a decision made by the Member under sub-section (5), after the lapse of seventy five days from the date of the notification of the decision of the Member; or

(c)         upon the issue of a decision of the Supreme Court of Cyprus dismissing the case.

 

Court action for collection of the Administrative Fines

 

9.        In case of failure to pay an administrative fine imposed under this Law, the Competent Authority may take steps for the collection of the amount due as a civil debt.

 

Fines and costs to be a charge on the ship

 

 10.     Notwithstanding the provisions of any other Law, fines or administrative fines imposed under this Law, as well as any charges for the inspection of the ship after its sailing has been prohibited under this Law, constitute a charge on the ship and shall be satisfied in priority against any other creditors, subject to their ranking after the last mortgage.

 

Schedule

 

11. (1) The Regulations set out in the Schedule to this Law shall be deemed to be regulations made under section (4).

 

(2) The Presidential Council may, by a decision published in the Gazette, amend, repeal or substitute, in whole or in part, any of the regulations contained in the Schedule to this Law.