Life-saving appliances on ships

The Norwegian Maritime Authority has laid down new Regulations on life-saving appliances on ships. The Regulations enter into force on 15 Sept. 2014.

As from the same date, the following regulations are repealed:

Regulations of 17 December 2004 No. 1855 concerning life-saving appliances on cargo ships;
Regulations of 11 October 2004 No. 1341 concerning life-saving appliances on passenger ships; and
Regulations of 15 September 1992 No. 700 concerning life-saving appliances on passenger ships

Download circular as PDF (includes Regulations)

Consultation

The proposed new Regulations on life-saving appliances on ships were circulated for review from 16 October 2012 to 16 January 2013. A total of 17 consultative statements came in, whereof 10 did not include comments to the proposal.

DNV GL[1] compares the requirements of section 6 of the proposed Regulations with the International Association of Classification Societies' (IACS) recommendations for life-saving appliances on cargo ships of less than 500 gross tonnage and points out that the requirements in the proposed Regulations are different from the recommendations from IACS. The NMA would like to emphasise that the new Regulations on life-saving appliances on ships in general continue current law as provided in the regulations currently in force on life-saving appliances on ships and the NMA's administrative practice.

Comments from the consultative bodies on any need for amendments in current law have been noted. The input has also been taken into account where the amendments lead to greater precision and better structure in the Regulations. However, DNV GL's comments will at this time not be included in the provisions laid down by this circular.

The Norwegian Confederation of Trade Unions (LO) supports the proposal and sees it as positive that the NMA is developing a body of rules that is clear and user-friendly for the industry.

The Federation of Norwegian Coastal Shipping has a comment to section 7 of the draft Regulations and questions whether the requirement for rescue boat should apply to passenger ships of 24 metres in length and upwards instead of the proposed 20 metres and upwards, which is based on the NMA's practice. Based on an overall assessment which i.a. emphasizes that the general delimitation criteria of 24 metres is incorporated into different sets of rules laid down by the NMA, the input from the Federation of Norwegian Coastal Shipping is taken into account and the NMA has changed the wording of section 7 accordingly.

The Federation of Norwegian Coastal Shipping also has a comment to section 8 and is of the opinion that the wording of the draft allows for different interpretations when two or more liferafts are packed together. The NMA agrees with these comments and has modified the wording of the first paragraph of section 8 to prevent any interpretation doubts while maintaining the purpose of the provision.

The Federation of Norwegian Coastal Shipping also comments on section 9 fourth paragraph of the proposal (sixth paragraph of the Regulations laid down by this circular) and is of the opinion that the trade area restriction should be removed for applications for exemption for rescue boat on passenger ships of less than 30 metres in length. The NMA notes that passenger ships of 24 metres in length (L) and upwards operating in trade area 3 and up to small coasting is regulated by Regulations of 28 March 2000 No. 305 concerning surveys, construction and equipment of passenger ships engaged on domestic voyages (EU Passenger Ship Regulations). The NMA cannot see that exemptions for rescue boats on ships engaged on foreign voyages should be granted on a general basis and therefore chooses to keep the trade area restrictions of section 9 fourth paragraph.

The Federation of Norwegian Coastal Shipping's last comment concerns section 13 second paragraph, which in their opinion is an expansion of the NMA's authority to order the installation of new life-saving equipment on board. The NMA bases this decision on the fact that the provisions of the second paragraph of section 13 continues the practice according to current law and therefore chooses to lay down a provision similar to the provision that was circulated for review.

The joint secretariat of the seamen's organisations supports the proposal both in terms of structure and style of language, but is of the opinion that the wording "as far as practicable" of section 10 of the proposal gives the impression of being voluntary and can thus not be considered a requirement. The NMA agrees with the joint secretariat and has consequently changed the wording in line with the comments. The joint secretariat also commented that the draft Regulations did not contain any references to protected ships, but the NMA can inform that such ships are now regulated in separate Regulations[2].

The Norwegian Post and Telecommunications Authority questions whether it is correct in terms of legal theory to include provisions regarding amendments to other regulations in the section which contains provisions on entry into force. The NMA bases this decision on that if any provisions on amendments or transitional provisions are relatively simple, such provisions may be included in the section on entry into force. More complex provisions should be included in separate sections, or authorization should alternatively be given to lay down transitional provisions in separate regulations.

The Norwegian Shipowners' Association notes that the provisions of section 15 concerning documentation are too general and that the provisions should be more detailed. The experience of the NMA is that the level of detail of the documentation to be considered varies based on ship type and the volume of life-saving appliances that is to be placed or installed on board. A detailed list will therefore not be suitable for all sizes and types of ships which will be considered for the issue of statutory certificates. For some ships it will be sufficient to submit a fire control and safety plan, for other ships submission of a larger volume of drawings and documentation will be required. The volume of drawings and documentation to be submitted must be assessed in each individual case. The NMA therefore assumes that the provisions of section 15 concerning documentation which have minor editorial changes compared to the draft Regulations are sufficiently precise and takes due account of predictability.

Further details on the contents of the new Regulations on life-saving appliances on ships

The Regulations mainly continue current provisions on life-saving appliances for cargo ships, passenger ships, ships certified to carry 12 passengers or less and manned barges. Based on the NMA's administrative practice, the Regulations also contain some clarifications and amendments as a result of the restructuring. These clarifications are explained in more detail below where the individual sections are commented.

The first and second paragraphs of section 2 lay down that SOLAS chapter III applies as regulation for ships covered by section 1 on scope of application. For the purpose of continuing current law, adaptations for ships engaged on domestic voyages and smaller cargo ships engaged on foreign voyages have been made to the Regulations. The adaptations are mainly related to requirements concerning the number of life-saving appliances to be carried and where a ship's size (length or gross tonnage), passenger-carrying capacity and trade area restrictions will determine the number of life-saving appliances to be carried.

The provisions of SOLAS chapter III concerning training, practice, drills, distress communication, stowage of lifeboats and liferafts, launching and embarkation arrangements, maintenance of life-saving appliances, etc. are, pursuant to the second paragraph of section 2, also made applicable to ships engaged on domestic voyages and smaller cargo ships engaged on foreign voyages.

Section 1 Scope of application

The first paragraph of the section on scope of application is an open provision and positively indicates the ship types that are covered by the Regulations. It is worth noting that the first paragraph does not contain any parameters for defining ship size or trade area. Section 1 shall of course be interpreted on the basis of section 2 of the Act of 16 February 2007 relating to Ship Safety and Security (Ship Safety and Security Act). Subparagraph a) therefore covers all cargo ships. Subparagraph b) includes passenger ships with passenger certificates, i.e. passenger ships operating in trade area 1 or 2 and passenger ships of less than 24 metres in length (L) constructed before 1 May 2000, and ships certified to carry 12 passengers or less. Subparagraph c) includes passenger ships with a Passenger Ship Safety Certificate engaged on foreign voyages, whereas subparagraph d) includes manned barges in the Regulations.

In previous regulations, a manned barge was defined as a barge for which the manning has been stipulated in accordance with the regulations currently in force concerning the manning of Norwegian ships. In the current Regulations of 18 June 2009 No. 666 concerning the manning of Norwegian ships, manning certificates for barges are not required. Whether a barge is to be considered manned and thus falling within the scope of the Regulations, must therefore be assessed in each individual case. The elements included in the assessment are, i.a., related to the number of persons working on board, the construction of the barge, where the barge operates and which operations that are to be carried out, including any presence of a support vessel.

Because the section on scope of application positively indicates the ship types to which the Regulations apply, high-speed craft which is required to have or has a safety certificate for such craft[3] and Class A, B, C and D passenger ships which are required to have or have a Passenger Ship Safety Certificate (EU)[4] are not regulated by the new Regulations on life-saving appliances.

Section 2 Requirements for life-saving appliances

The first and second paragraphs of section 2 set out that the provisions of SOLAS III apply as regulation for ships falling within the scope of application as provided by section 1 (above).

In principle, the requirements of SOLAS III apply to passenger ships engaged on foreign voyages and cargo ships of 500 gross tonnage and upwards engaged on foreign voyages, cf. SOLAS chapter I regulations1 and 3. Section 2 first paragraph of the Regulations states that SOLAS III applies as regulation for such ships. The second paragraph of section 2 states that SOLAS III shall also apply as regulation for ships engaged on domestic voyages and for cargo ships of less than 500 gross tonnage engaged on foreign voyages.

The second paragraph of the provision further states that the Regulations contain additions to and limitations of the requirements of SOLAS III.

Section 3 General emergency alarm system

Section 3 requires a general alarm system in accordance with SOLAS regulation III/6.4 on cargo ships of 200 gross tonnage and upwards and otherwise continues current legislation.

In accordance with SOLAS regulation III/6.4, passenger ships irrespective of size shall be provided with a general alarm system, but section 3 second paragraph exempts passenger ships of less than 24 metres in length engaged on domestic voyages from this requirement when the ship's whistle or siren meets the alarm functions of a general alarm system. The same provision applies to cargo ships of less than 200 gross tonnage irrespective of trade area.

Section 4 Public address system

SOLAS regulation III/6.5 sets out that passenger ships shall be fitted with a public address system. With respect to passenger ships certified to carry 36 passengers or less and passenger ships of less than 300 gross tonnage operating in trade area 1 during the summer season, section 4 allows exemptions from the requirement for public address system if the crew and passengers can be alerted directly from the ship's bridge.

The exemption is exhaustive. This means that for other ships than the ships falling within the provision regarding exemption, as otherwise provided by the provisions in the Regulations, cf. section 3 and section 4 first paragraph, the general emergency alarm system shall be supplemented by a public address system.

Section 5 Life-saving appliances on ships and open boats certified to carry 12 passengers or less

Ships and open boats certified to carry 12 passengers or less means vessels engaged in regular service, vessels used for organized medical service and ambulance service and vessels used for transportation to and from schools, cf. section 9 second paragraph[5] of the Regulations of 15 June 1987 No. 506 concerning survey for the issue of certificates to passenger ships, cargo ships and lighters, and concerning other surveys, etc.. Section 5 continues current legislation and exhaustively regulates the minimum requirements for life-saving appliances on board such vessels.

Compared to the draft Regulations, some minor editorial changes have been made to section 5.

Provisions regarding life-saving appliances on ships which can carry 12 passengers or less but for which certification is not required, are stated in chapter 5 of the Regulations of 24 November 2009 No. 1400 concerning the operation of passenger vessels carrying 12 passengers or less.

Section 6 Life-saving appliances on cargo ships of less than 500 gross tonnage and manned barges

Section 6 introduces requirements for life-saving appliances on cargo ships of less than 500 gross tonnage and manned barges. The requirements set out in the table replace the otherwise applicable requirements of SOLAS regulations III/6.2.1.1, 6.2.2, 6.3, 18, 21, 31 and 32.

With the exception of a new requirement for Search And Rescue Device (SARD) on cargo ships of less than 100 gross tonnage operating in trade area 3 or greater trade and SARD on cargo ships of 100 gross tonnage and upwards, but less than 500 gross tonnage, operating in trade area 1 or greater trade, the section continues current law.

The requirement for SARD for cargo ships of less than 500 gross tonnage is made applicable to increase the probability for rapid location of persons in distress.

In the case of life-saving appliances on manned barges, reference is also made to section 8 and section 13 second paragraph, which stipulates that the NMA may impose additional requirements for life-saving appliances to be carried on each manned barge.

Section 7 Life-saving appliances on passenger ships engaged on domestic voyages

Section 7 sets out requirements for life-saving appliances on passenger ships engaged on domestic voyages, cf. the comments to section 1 above. The requirements set out in the table replace the requirements of the otherwise applicable SOLAS regulations III/6.2.1.1, 6.2.2, 6.3, 18, 21, 22 and 26.

The table shows that the NMA has chosen to differentiate the requirements for carriage of rescue boat. Rescue boats were previously required on all passenger vessels. The results of the NMA's practice related to exemptions from the rescue boat requirement, the way this practice was discussed in the request for comments, have now been codified.

A new requirement concerning lifejackets for infants has been added. The starting point is a minimum requirement given as a function of the number of persons on board.

Section 8 Survival craft

Compared to the draft Regulations, the division of section 8 into paragraphs has been amended and some other adjustments have been made as a result of the consultative comments.

Section 8 first paragraph second sentence codifies the NMA's practice and sets out that when calculating the total rescue capacity required by the first paragraph, consideration shall be given to whether failures or faults in common components can result in one survival craft being lost or rendered unserviceable.

Section 8 third paragraph applies to ships for which MES is not required.

Section 8 fourth paragraph is a provision regarding exemption from the requirements that are otherwise set out in SOLAS III. The provision allows passenger ships operating in trade area 3 or lesser to carry open reversible inflatable liferafts. The design requirements that are made applicable to such liferafts are set out Annex 11 of the 2000 HSC Code. In trade area 3 the provision will only apply to passenger ships of less than 24 metres in length constructed before 1 May 2000, cf. the comments to section 1 above.

The new fifth paragraph continues current legislation for cargo ships operating in trade area 2 or lesser and where one liferaft is sufficient, provided that the liferaft is capable of being launched from either side of the ship.

Section 8 sixth paragraph continues current legislation and mirrors SOLAS regulations III/31.1.1, 31.1.1.2, and 31.1.1.3, and applies to tankers for which enclosed lifeboats are required.

Section 9 Rescue boats

Section 9 second paragraph provides for the possibility for passenger ships operating in trade area 1 or lesser to have their rescue boat on tow. The condition for such a configuration is that the ship is provided with an arrangement for rescue boat embarkation from the ship.

In the fifth paragraph the rescue boat requirement has been relaxed for ships of less than 24 metres in length (L). The conditions for the relaxation are listed in subparagraphs a) to d) and codify the NMA's current exemption practice.

Section 9 sixth paragraph sets out that passenger ships of less than 30 metres in length (L) operating in trade area 2 or lesser may also, upon application, be granted exemption from the rescue boat requirement.

Section 10 Evacuation systems on passenger ships engaged on domestic voyages

Section 10 continues current legislation regarding a marine evacuation system (MES) on passenger ships engaged on domestic voyages. A clarification is included in the provision, which states that the requirement does not apply if the ship does not carry lifeboats or davit-launched liferafts.

Section 11 Lifebuoys

Section 11 shall be read in connection with sections 6 and 7, and continues current law.

Section 12 Immersion suits and lifejackets

Section 12 first paragraph refers to the requirements of sections 6 and 7, respectively, concerning a minimum number of lifejackets for children and infants. The requirement in section 7 regarding a certain number of lifejackets for infants is a new requirement.

Section 12 second paragraph supplements SOLAS regulation III/22.2, and the requirement pursuant to this paragraph regarding lifejackets with thermal insulation on Norwegian passenger ships operating in trade areas north of 30°N and south of 30°S is considered a Norwegian special requirement.

The delimitations of the areas in which immersion suits are required on cargo ships, including cargo ships carrying cargo in bulk, are stated in the third paragraph and are a supplement to SOLAS regulation III/32.3.

Section 13 Replacement of life-saving appliances

SOLAS III regulation 4, cf. section 2, first and second paragraphs, of the Regulations, contains requirements for approval of life-saving appliances and arrangements required by SOLAS III. For Norway, this provision is maintained by the approval regime stipulated by the Regulations of 29 December 1998 No. 1455 concerning marine equipment (Marine Equipment Regulations) which implement Directive 96/98/EC into Norwegian legislation. This means that life-saving appliances and arrangements required by the Regulations on life-saving appliances shall be in compliance with IMO performance and testing standards, cf. sections 7 and 8 of the Marine Equipment Regulations[6].

Section 13 first paragraph of the draft Regulations contained a provision regarding requirements for marine equipment which is voluntarily installed on board. The provision has not been continued in the Regulations laid down by this circular. Provided that marine equipment is included in Annex A of the Marine Equipment Regulations, such equipment shall be subject to conformity assessments and associated wheelmarking, regardless of whether the equipment is required pursuant to the Regulations or if it is voluntarily placed or installed on board.

Section 13 first paragraph is a provision which gives the NMA the authority to require new equipment to be installed on board in connection with conversions, repairs or changes in the operational pattern. The provision is made applicable after a specific assessment in each individual case.

Section 13 second paragraph is also a provision authorising the NMA - upon a demonstration - to require the life-saving appliances to be changed. The provision may be applicable to ships, including manned barges, which have variations in the operational pattern and where the number of persons on board is not regulated by a safe manning document or directly defined by other certificates.

Section 14 Exemptions

Section 14 first paragraph is new compared to the draft Regulations circulated for general review. The provisions of section 14 first paragraph implement SOLAS regulation I/5 and signal that alternative solutions may upon written application be considered equivalent to the requirements of the Regulations. The wording "when it is established" means that the applicant must convince the NMA that the proposed solution satisfies the regulatory requirements. Documentation of completed tests of such alternative solutions may be an example of how to meet the requirement.

The provisions of the second paragraph continue the possibility of granting exemptions from the requirements of the Regulations. The latitude of the paragraph is limited to ships not regulated by SOLAS III, that is to say ships engaged on domestic voyages, smaller cargo ships engaged on foreign voyages and barges irrespective of trade area.

The wording of section 14 gives the NMA the legal basis to make decisions on exemptions from the requirements of the Regulations. An exemption requires that the company submits a written application containing information and justification, which the NMA will then assess, taking into account the considerations and interests that the applicable requirements are meant to look after. Whether a decision shall be made exempting the company from certain commitments, is decided following a concrete assessment. Companies applying for exemptions are not entitled to have these granted even if the terms of the exemption provision are satisfied. The starting point is that the requirements of the Regulations shall be met. Only in extraordinary cases, where warranted by valid grounds, will there be an opening for making a decision to exempt.

There are two possibilities for granting exemptions, cf. subparagraphs a) and b).

Pursuant to subparagraph a) the criteria are as follows:
"it is established that the requirement is not essential and that the exemption is justifiable in terms of safety"

That the requirement is not essential means that the requirement concerned is considered to be less essential when compared to the extraordinary reasons forming the basis for an exemption. In the processing of such applications it is also possible that considerations related to social economy may be taken into account. An exemption pursuant to subparagraph a) may only be granted if a waiver of the requirement concerned will still provide a solution considered overall justifiable in terms of safety.

The exemption pursuant to subparagraph a) will also be relevant in the particular cases where, due to the general wording of the requirements, it is difficult to make the regulatory requirement applicable to the ship in question.

With regard to the term "justifiable in terms of safety", assessments must take into account the safety of life and health, environment and material values.

Pursuant to subparagraph b) the criteria are as follows:
"it is established that compensating measures will maintain the same level of safety as the requirement of these Regulations"

The term "compensating measures" is relatively wide, and may include a number of measures, including innovative measures, as long as they are considered to maintain the same level of safety as the requirements of the Regulations.

Section 15 Documentation

The provisions of section 15 set out how the company shall document that the requirements of the Regulations are met or must be met.

Section 15 first paragraph imposes a duty on the company to prepare detailed drawings which show that the requirements for location of life-saving appliances in the Regulations are met. This may be done, e.g., by indicating the required equipment and the placement of such equipment on the drawings, with a reference to the relevant provisions in the Regulations specifying the requirements. The first paragraph third sentence is a provision authorising the NMA to require additional information and documentation to be presented as a basis for the administrative processing of the case. Section 15 first paragraph last sentence requires that changes to the life-saving appliances shall be documented in the same way as the paragraph's previous sentence.

Section 16 Entry into force

The new Regulations on life-saving appliances are part of a regulations project that will lead to a major structural change when 10 international instruments are implemented into Norwegian legislation. A common date for entry into force, 15 September 2014, has been set for regulations implementing SOLAS chapters II-1, II-2, III, IV, VI, VII and XII.

The second paragraph is a transitional provision which contains a clarification of current law as regards changes to or replacement of existing equipment. The second paragraph states that equipment which has not been subject to the current approval regime, i.e. wheel-marking, may continue to be used until such equipment is replaced or the arrangements altered in such a way that new equipment is required. This also means that the new equipment shall be subject to a conformity assessment and certified in accordance with the Marine Equipment Regulations.

The third paragraph refers to regulations that will be repealed when the Regulations enter into force.

Economic and administrative consequences

The new Regulations on life-saving appliances on ships for the most part continue current law. The starting point is that the NMA's legislation shall become more readily available to the users, and that it shall become easier for the industry to locate applicable requirements for life-saving appliances. The NMA also surmises that a new and changed structure will make the maintenance of the legislation less resource-demanding for the authorities.

If companies and ships have referred to the repealed regulations in their normative documents, they will have to bear the costs of incorporating and updating the references. On the other hand, the new Regulations on life-saving appliances will reduce the total number of regulations, which means that there will be fewer references. In the long term, this simplification will save time with regard to the continuous maintenance of normative documents used by the industry.

The Regulation's rules on simplified administrative processing of cases with regard to the exemption for rescue boat on passenger ships of less than 24 metres in length will also reduce the administrative costs for the industry.

The requirement for lifejackets for children and infants on board may lead to increased costs for the industry. The requirement has already been implemented for passenger ships regulated by the EU Passenger Ship Regulations (see footnote 4 above). In the opinion of the NMA, a similar level of safety is reasonable for passenger ships operating in trade area 1 and 2.

The NMA presupposes that the overall gain of the new Regulations on life-saving appliances is larger than the costs associated with the entry into force of the new Regulations on life-saving appliances.

Footnotes:

[1] DNV GL from 12 September 2013

[2] See http://www.sjofartsdir.no/en/legislation/regulations/special-rules-for-protected-or-historical-ships-carrying-more-than-12-passengers/

[3] See Regulations of 5 January 1998 No. 6 concerning the construction, equipment and operation of high-speed craft used as passenger craft or cargo craft sections 16 to 20.

[4] See Regulations of 28 March 2000 No. 305 concerning surveys, construction and equipment of passenger ships engaged on domestic voyages sections 5 and 6.

[5] New Regulations on the certification of ships which shall replace the Regulations on survey are being circulated for general review at the time when the new Regulations on life-saving appliances were laid down.

[6] Amendments to the Marine Equipment Regulations were circulated for review with deadline 20 June 2014.

For Regulations, please see PDF.