Application of this Part
s 98
Open ↗98. This Part, unless otherwise provided, applies to all Singapore ships wherever they may be and to all ships in Singapore except harbour craft.
Source
Merchant Shipping Act 1995 PART 5 — SURVEY AND SAFETY
Compiled from an official source version. Later amendments or repeals may not be reflected; the official text prevails. · Read the official text ↗
Prohibition on going to sea without certificates
s 99
Open ↗99.—(1) Every ship unless exempted must be surveyed or inspected in the manner provided in this Act. (2) Subject to any exemption, no ship is to go to sea unless the owner or the master of the ship has been issued with certificates by the Director as to the surveys or inspections under this Act, the certificates being in force and applicable to the ship. (3) If any ship goes or attempts to go to sea in contravention of this section —(a) in the case of a passenger ship, the owner or the master of the ship shall be guilty of an offence and shall be liable on conviction to a fine not exceeding $500 for every passenger on board the ship; and (b) in the case of any other ship, the owner or the master of the ship shall be guilty of an offence and shall be liable on conviction to a fine not exceeding $10,000, and the ship may be detained until the certificates are produced to the Director or the Port Master.
Powers of Authority to make regulations
s 100
Open ↗100.—(1) The Authority may, with the approval of the Minister, make regulations for carrying out the purposes and provisions of this Part. (2) Without limiting subsection (1), the Authority may, with the approval of the Minister, make regulations providing for —(a) the standards of construction and equipment of ships including the provision of lifesaving and firefighting appliances and radio installations; (b) the standards of accommodation and recreational facilities for crew and passengers; (c) the tonnage measurement of ships; (d) the determination of the load lines; (e) the loading and carriage of goods, including dangerous goods; (f) the carriage of livestock; (g) the safety of navigation; (h) the prevention of collisions at sea (called in this Act the collision regulations); (i) the safety, health and welfare of persons employed on ships; (j) the manner and frequency of the survey or inspection and the issue, suspension, cancellation, extension and period of the validity of certificates or exemption certificates; and (k) the recognition of certificates or exemption certificates issued by or under the authority of the government of any other country for the purposes of section 99.[6/2014] (3) The Authority may, with the approval of the Minister, in the regulations make provisions to give effect to the provisions of any international convention or agreement concerning or relating to ships, ships’ safety, ships’ equipment, property or goods carried in ships or persons employed on ships and to which Singapore is a party. (4) The owner and the master of any ship to which section 99 applies must comply with any regulations made under this section and must ensure that the ship and its equipment and in respect of any matter that is governed by the regulations comply with any such regulations before the ship goes to sea and at all times when the ship is at sea, unless otherwise provided in this Act. (5) Any owner or master who contravenes subsection (4) shall be guilty of an offence and shall be liable on conviction to a fine not exceeding $10,000 and the ship may be detained.
Overloaded ships
s 101
Open ↗101.—(1) Where a cargo ship is so loaded at any time that, if the ship were floating without a list in still salt water of a specific gravity of 1.025, the load line marked on either side of the ship that is the appropriate load line at the time would be submerged, the ship is, for the purposes of this Act, deemed to be overloaded, and, subject to subsection (4), to be overloaded to the extent which that load line would be submerged. (2) Where —(a) a ship is at any time engaged on, or is about to engage on, a voyage during which, in the ordinary course, a load line marked on either side of the ship (not being a load line that is the appropriate load line at that time) would, at some later time during the voyage, become the appropriate load line; and (b) the ship is so loaded at that firstmentioned time, that if the ship were floating without a list in still salt water of a specific gravity of 1.025 and there were unloaded from the ship the fuel and other material that would, in the ordinary course, be consumed or discharged before that later time, that load line would be submerged, the ship is, for the purposes of this Act, deemed to be overloaded and, subject to subsection (4), to be overloaded to the extent to which that load line would be so submerged. (3) Where a passenger ship is so loaded at any time that, if the ship were floating without a list in still salt water of a specific gravity of 1.025, the subdivision load line marked on either side of the ship that is the appropriate subdivision load line at that time would be submerged, the ship is, for the purposes of this Act, deemed to be overloaded and, subject to subsection (4), to be overloaded to the extent to which that subdivision load line would be so submerged. (4) Where —(a) in any proceedings under this Act, it is proved that a ship is deemed to be overloaded under the provisions of more than one subsection of this section; and (b) the extent to which, under those subsections, the ship is deemed to be overloaded is not the same in each case, the ship is, for the purposes of this Act, deemed to be overloaded to the greatest extent to which it is deemed to be overloaded under those subsections. (5) Where a ship is overloaded in contravention of this section, the owner and the master of the ship shall each be liable on conviction to a fine not exceeding $10,000 and to such additional fine not exceeding the maximum amount which the earning capacity of the ship would have been increased by reason of the contravention. (6) Without affecting any proceedings under this section, any ship which is overloaded in contravention of this section may be detained until it ceases to be so overloaded. (7) For the purposes of this section, the load line or subdivision load line marked on a ship that is the appropriate load line or subdivision load line at any time is to be determined in accordance with the regulations made under this Part.
Penalty for carrying passengers in excess
s 102
Open ↗102.—(1) The owner or the master of any passenger ship must not carry or receive on board thereof, or on or in any part thereof, any number of passengers which, having regard to the time, occasion and circumstances of the case, is greater than the number allowed by the passenger ship’s safety certificate, and if the owner or master does so, the owner or master shall be guilty of an offence and shall be liable on conviction to a fine not exceeding $10,000 or to imprisonment for a term not exceeding 2 years or to both. (2) The Director or the Port Master may detain any ship which has contravened subsection (1) for such period until the ship complies with the passenger ship’s safety certificate.
Observance of collision regulations
s 103
Open ↗103.—(1) All owners, masters or persons in charge of the navigation of vessels must obey the collision regulations and must not carry, exhibit or use any other lights or use any other signals, than those that are required by those regulations. (2) Any owner, master or person who does or suffers to be done any act or omission contrary to any of the provisions of the collision regulations shall be guilty of an offence and shall be liable on conviction to a fine not exceeding $10,000. (3) In any case before a court in Singapore concerning a contravention of the collision regulations arising within Singapore, foreign vessels are to be treated as if they were registered in Singapore. (4) In this section, “vessel” has the meaning assigned to it in the collision regulations.
Defect or deficiency in ship, etc.
s 104
Open ↗104.—(1) Where a material defect or deficiency affecting safety is discovered in a Singapore ship or its equipment, whether the defect or deficiency is due to wear and tear or to accident or to any other cause, the owner or the master of the ship must report to the Director the nature and extent of the defect or deficiency and the probable cause thereof within 7 days of its discovery unless it has been reported to the Director under section 107. (2) Where any material alteration is made to a Singapore ship or its equipment or the purpose for which the ship is for the time being used is changed, the owner or the master of the ship must report the nature and extent of the alteration or change to the Director within 7 days of the alteration or change. (3) Any owner or master of a ship who contravenes subsection (1) or (2) shall be guilty of an offence and shall be liable on conviction to a fine not exceeding $10,000. (4) Any person who conceals or attempts to conceal or suffers to be concealed any material defect or deficiency in the ship or its equipment shall be guilty of an offence and shall be liable on conviction to a fine not exceeding $10,000.
Cancellation of certificate or exemption certificate
s 105
Open ↗105.—(1) The Director may cancel any certificate or exemption certificate issued by him or her in respect of any ship if he or she has reason to believe that the ship or its equipment or any matter to which the certificate or exemption certificate relates no longer complies with the regulations under which the certificate was issued or the conditions (if any) under which the exemption certificate was issued. (2) Where a certificate or exemption certificate is cancelled by the Director under subsection (1), the owner or the master of the ship to which the certificate or exemption certificate relates must deliver the certificate within 14 days upon being notified by the Director, and if the owner or the master without reasonable cause, fails to do so, the owner or the master shall be guilty of an offence and shall be liable on conviction to a fine not exceeding $10,000.
Duty of ship to assist the other in case of collision
s 106
Open ↗106.—(1) In every case of collision between 2 ships, it is the duty of the master or, in the master’s absence, the person in charge of each ship, if and so far as he or she can do so without danger to his or her own ship, crew and passengers (if any) —(a) to render to the other ship, its master, crew and passengers (if any) such assistance as may be practicable, and may be necessary to save them from any danger caused by the collision, and to stay by the other ship until he or she has ascertained that it has no need of further assistance; and (b) to give to the master or person in charge of the other ship the name of his or her own ship and of the port to which it belongs, and also the names of the ports from which it came and to which it is bound. (2) If the master, without reasonable cause, fails to comply with this section, the master shall be guilty of an offence and shall be liable on conviction to a fine not exceeding $10,000 and if the master is a certificated officer, an inquiry into his or her conduct may be held and his or her certificate may be cancelled or suspended.
Report of accidents, etc., to Director
s 107
Open ↗107.—(1) Subject to subsection (2), where a ship —(a) has sustained or caused an accident occasioning loss of life or serious injury to a person; (b) has sustained an accident or received damage, or otherwise sustained a defect or deficiency in the ship or its equipment which has been discovered, and the accident, damage, defect or deficiency has affected, or is likely to affect the seaworthiness of the ship, or the efficiency or completeness of the lifesaving appliances or other safety equipment of the ship; (c) has been in a position of great peril, either from the action of some other ship or from danger of wreck or collision; or (d) has been stranded or wrecked, the owner or the master of the ship must, within 24 hours of the happening, report the happening to the Director. [25/2017] (2) This section does not apply to a matter required to be reported under section 4 of the Merchant Shipping (Wreck Removal) Act 2017.[25/2017] (3) Any owner or master of a ship who, without reasonable cause, fails to comply with this section shall be guilty of an offence and shall be liable on conviction to a fine not exceeding $10,000.
Appointment of inspector to report on accident, etc.
s 108
Open ↗108. The Minister may appoint any person as an inspector to report to him or her —(a) upon the nature and causes of any accident or damage which any ship has sustained or caused or is alleged to have sustained or caused; (b) whether the provisions of this Act or any other written law have been complied with; or (c) whether the hull, machinery and equipment of any ship are sufficient and in good condition.
Notification of loss of ship
s 109
Open ↗109.—(1) If —(a) the owner, manager or agent of a Singapore ship has reason to believe that the ship has been wholly lost; or (b) the owner, manager or agent of any other ship has reason to believe that the ship has been wholly lost on or near the coast of Singapore, the owner, manager or agent must forthwith give written notice to the Director stating the name of the ship, its description, official number and the port to which it belongs and must state to the best of the owner, master or agent’s knowledge, the probable cause of the loss. (2) Any owner, manager or agent who, without reasonable cause, fails to comply with this section within a reasonable time shall be guilty of an offence and shall be liable on conviction to a fine not exceeding $10,000.
Owner and master liable in respect of unsafe ship
s 110
Open ↗110.—(1) If, having regard to the nature of the service for which it is intended —(a) a ship in a port in Singapore; or (b) a Singapore ship which is in any other port, is an unsafe ship, that is to say, is by reason of any of the matters mentioned in subsection (2) not fit to go to sea without serious danger to human life, then, subject to subsection (3), the master and the owner of the ship shall each be guilty of an offence and shall be liable on conviction to a fine not exceeding $50,000 or to imprisonment for a term not exceeding 2 years or to both. (2) The matters referred to in subsection (1) are —(a) the condition, or the suitability for its purpose, of —(i) the ship or its machinery or equipment; or (ii) any part of the ship or its machinery or equipment; (b) undermanning; (c) overloading or unsafe or improper loading; and (d) any other matter relevant to the safety of the ship. (3) It is a defence in proceedings for an offence under this section to prove that at the time of the alleged offence —(a) arrangements had been made which were appropriate to ensure that before the ship went to sea it was made fit to do so without serious danger to human life by reason of the matters falling within subsection (2) which are specified in the charge; or (b) it was reasonable not to have made such arrangements.
Crew member may claim discharge if ship is unsafe
s 111
Open ↗111. If a ship is an unsafe ship, a crew member belonging to the ship is not deemed to have committed a breach of his or her agreement by reason of his or her having refused to sail in the ship while it is unsafe; and any crew member so refusing may claim his or her discharge unless the ship is made safe within a reasonable time.[6/2014]
Obligation of shipowner to crew with respect to use of reasonable efforts to secure seaworthiness
s 112
Open ↗112.—(1) In every contract of service, express or implied, between the owner of a ship or the person employing the crew members and any crew member thereof, there is implied, despite any agreement to the contrary, an obligation on the owner of the ship that the owner of the ship and the master and every agent charged with the loading of the ship or the preparing of the ship for sea or the sending of the ship to sea must use all reasonable means to ensure the seaworthiness of the ship for the voyage at the time when the voyage commences, and to keep her in a seaworthy condition for the voyage during the voyage.[6/2014] (2) Nothing in this section —(a) is to subject the owner of a ship to any liability by reason of the ship being sent to sea in an unseaworthy state where, owing to special circumstances, the sending of the ship to sea in such a state was reasonable and justifiable; or (b) applies to any ship employed exclusively in trading or going from place to place in any river or inland water of which the whole or part thereof is in Singapore.
Detention of unsafe ship
s 113
Open ↗113.—(1) The Director may order any ship, which is an unsafe ship or appears to him or her to be an unsafe ship, to be provisionally detained. (2) When any ship has been provisionally detained, a notification of the provisional detention of the ship must be immediately served on the master of the ship, together with a statement of the grounds of detention. (3) The Director may appoint a competent person to survey the ship and report to him or her. (4) On receipt of the report, the Director may either finally detain the ship or order its release unconditionally or on any conditions that the Director thinks fit. (5) Before the order for final detention is issued, the master of the ship must be furnished with a copy of the report and the master may, within 7 days after receipt of the copy, appeal to the Minister. (6) The Minister may, upon appeal under subsection (5), order the final detention of the ship or order its release unconditionally or subject to any conditions that the Minister thinks fit. (7) When any order for the final detention of a ship has been made, the ship must not be released until the Director or the Minister (as the case may be) is satisfied that its further detention is no longer necessary and orders its release.
Owner liable for unsafe operation of ship
s 114
Open ↗114.—(1) It is the duty of the owner of a ship to which this section applies to take all reasonable steps to secure that the ship is operated in a safe manner. (2) This section applies to —(a) any Singapore ship; or (b) any ship which —(i) is registered under the law of any country outside Singapore; and (ii) is within the seaward limits of the territorial waters of Singapore while proceeding to or from a port in Singapore, unless the ship would not be so proceeding but for weather conditions or any other unavoidable circumstances. (3) If the owner of a ship to which this section applies fails to discharge the duty imposed on the owner by subsection (1), the owner shall be guilty of an offence and shall be liable on conviction to a fine not exceeding $50,000 or to imprisonment for a term not exceeding 2 years or to both.
Conduct endangering ships, structures or individuals
s 115
Open ↗115.—(1) This section applies to any crew member employed on —(a) a Singapore ship; and (b) a ship which —(i) is registered under the law of any country outside Singapore; and (ii) is in a port in Singapore or within the seaward limits of the territorial waters of Singapore while proceeding to or from any such port, unless the ship would not be in that port, or (as the case may be) would not be so proceeding, but for weather conditions or any other unavoidable circumstances.[6/2014] (2) If a person to whom this section applies, while on board the person’s ship or in its immediate vicinity —(a) does any act which causes or is likely to cause —(i) the loss or destruction of or serious damage to the person’s ship or its machinery, navigational equipment or safety equipment; (ii) the loss or destruction of or serious damage to any other ship or any structure; or (iii) the death of or serious injury to any person; or (b) omits to do anything required —(i) to preserve the person’s ship or its machinery, navigational equipment or safety equipment, from loss, destruction or serious damage; (ii) to preserve any person on board the person’s ship from death or serious injury; or (iii) to prevent the person’s ship from causing the loss or destruction of or serious damage to any other ship or any structure, or the death of or serious injury to any person not on board the person’s ship, and either of the conditions specified in subsection (3) is satisfied with respect to that act or omission, the person shall, subject to subsections (5) and (6), be guilty of an offence and shall be liable on conviction to a fine not exceeding $50,000 or to imprisonment for a term not exceeding 2 years or to both. (3) The conditions referred to in subsection (2) are —(a) that the act or omission was deliberate or amounted to a breach or neglect of duty; and (b) that the crew member in question was under the influence of drink, a drug or a psychoactive substance at the time of the act or omission.[6/2014] [Act 12 of 2023 wef 01/06/2024] (4) If a person to whom this section applies —(a) discharges any of the person’s duties, or performs any other function in relation to the operation of the person’s ship or its machinery or equipment, in such a manner as to cause, or to be likely to cause, any such loss, destruction, death or injury as is mentioned in subsection (2)(a); or (b) fails to discharge any of the person’s duties, or to perform any such function, properly to such an extent as to cause, or to be likely to cause, any of those things, the person shall, subject to subsections (5) and (6), be guilty of an offence and shall be liable on conviction to a fine not exceeding $50,000 or to imprisonment for a term not exceeding 2 years or to both. (5) In any proceedings for an offence under this section, it is a defence to prove —(a) in the case of an offence under subsection (2), where the act or omission alleged against the defendant constituted a breach or neglect of duty, that the defendant took all reasonable steps to discharge that duty; (b) in the case of an offence under subsection (4), that the defendant took all reasonable precautions and exercised all due diligence to avoid the commission of the offence; or (c) in the case of an offence under either of those subsections —(i) that the defendant could have avoided committing the offence only by disobeying a lawful command; or (ii) that in all the circumstances, the loss, destruction, damage, death or injury in question, or (as the case may be) the likelihood of its being caused, either could not reasonably have been foreseen by the defendant or could not reasonably have been avoided by the defendant. (6) In the application of this section to any person falling within subsection (1)(b), subsections (2) and (4) have effect as if subsection (2)(a)(i) and (b)(i) were omitted. (7) In this section —“breach or neglect of duty”, except in relation to a master, includes any disobedience to a lawful command; “duty” —(a) in relation to any crew member, means any duty falling to be discharged by him or her in his or her capacity as such; and (b) in relation to a master, includes the master’s duty with respect to the good management of his or her ship and his or her duty with respect to the safety of operation of his or her ship, its machinery and equipment; “structure” means any fixed or movable structure of whatever description other than a ship.[6/2014]
Regulations for survey of ships and issue of certificates
s 116
Open ↗116.—(1) The Authority may, with the approval of the Minister, make regulations for the purposes of authorising any organisation for the survey or inspection of Singapore ships and the issue of any certificate under this Part. (2) Without limiting subsection (1), the Authority may, with the approval of the Minister, in the regulations —(a) specify the surveys or inspections and the issue of certificates or endorsements; (b) provide for the registration of any person belonging to or acting on behalf of any organisation as a surveyor for the purposes of surveying or inspecting Singapore ships; and (c) prescribe the conditions for the registration of any person under paragraph (b) and the cancellation of the registration of any person. (3) Any certificate issued or endorsement made by any authorised organisation in accordance with any regulations made under this section is deemed to be issued or made by the Director for the purposes of this Act.
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