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Shipping (Tonnage) (Jersey) Regulations 2004

Official Consolidated Version

This is an official version of consolidated legislation compiled and issued under the authority of the Legislation (Jersey) Law 2021.

 

19.885.80

 

Showing the law from 1 January 2019 to Current

 



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Shipping (Tonnage) (Jersey) Regulations 2004

Regulation

PRELIMINARY  5

1                 Interpretation. 5

SHIPS OF 24 METRES IN LENGTH AND OVER   10

2                 Application. 10

3                 Method of measurement. 10

4                 Calculation of volumes. 10

5                 Gross tonnage. 11

6                 Net tonnage. 11

7                 Segregated ballast oil tankers. 12

8                 Issue of certificates. 12

9                 Alteration or change in ship. 12

10              Transfer from Jersey registry. 13

11              Change of net tonnage necessitating issue of certificate. 13

FISHING VESSELS – 15 TO 24 METRES  14

12              Application and interpretation. 14

13              Measurement to be made by authorized measurer. 14

14              Application of certain provisions of Part 2. 14

15              Certificate to be issued. 14

16              Alterations to vessel 14

SHIPS LESS THAN 24 METRES IN LENGTH AND FISHING VESSELS LESS THAN 15 METRES IN LENGTH   15

17              Application. 15

18              Who to make measurement. 15

19              Measurement. 15

20              Measurement – non fishing vessels. 15

21              Measurement – fishing vessels. 16

22              Measurement – general 17

23              Alteration or change in ship. 17

NON-JERSEY SHIPS  18

24              Ascertainment of tonnage and certification. 18

PENALTIES  18

25              Penalties. 18

26              Citation. 18

EXCLUDED SPACES AS DEFINED IN REGULATION 1  19

COEFFICIENTS K1 AND K2 REFERRED TO IN REGULATIONS 5, 6 AND 7  22

Table of Legislation History. 24

Table of Renumbered Provisions. 24

Table of Endnote References. 24

 

 


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Shipping (Tonnage) (Jersey) Regulations 2004[1]

THE STATES, in pursuance of Article 21 of the Shipping (Jersey) Law 2002, have made the following Regulations –

Commencement [see endnotes]

PART 1

PRELIMINARY

1        Interpretation

In these Regulations, unless the context otherwise requires –

“Administration” means the Government of the state whose flag the ship is flying;

“amidships”, in respect of a ship, means the mid-point of its length, except in the case of a ship of less than 24 metres in length when it means the mid-point of its length overall;

“authorized measurer” means a measurer appointed by an organisation authorized by the Minister for the purpose;

“breadth”, in respect of a ship, means its maximum breadth, measured amidships to the moulded line of its frame in a ship with a metal shell and to the outer surface of its hull in a ship with a shell of any other material;

“break”, in respect of a ship, means the space bounded longitudinally by a side to side upward step in the lowest line of the upper deck of the ship and another such step or the end of the ship, transversely by the sides of the ship and vertically by the higher part of the deck and the lowest line of the upper deck of the ship continued parallel thereto;

“cargo spaces”, in respect of a ship, means enclosed spaces in it that are appropriated for the transport of cargo to be discharged from the ship;

“Certifying Authority” means the Minister or a person authorized by the Minister for the purposes of these Regulations;

“Contracting Government” means the Government of a country that has accepted the Convention;

“Convention” means the International Convention on Tonnage Measurement of Ships, 1969;

“enclosed spaces”, in respect of a ship, means all those spaces in the ship, other than excluded spaces, that are bounded by the ship’s hull, by fixed or portable partitions or bulkheads or by decks or coverings other than permanent or moveable awnings but –

(a)     a break in a deck; or

(b)     an opening in the ship’s hull, in a deck or in a covering of a space, or in the partitions or bulkheads of a space; or

(c)     the absence of a partition or bulkhead,

does not preclude a space from being included as an enclosed space;

“excluded spaces”, for the purposes of the definition of enclosed spaces, means, subject to sub-paragraph (f), any of the spaces specified in sub-paragraphs (a) to (e) –

(a)     that part of an enclosed space within an erection opposite an end opening and extending from the opening to an athwartship line at a fore and aft distance from the opening equal to half the breadth of the deck at the line of the opening – such end opening having a breadth equal to or greater than 90 % of the breadth of the deck at the line of the opening and extending from deck to deck or to a curtain plate of a depth not exceeding by more than 25 millimetres the depth of the adjacent deck beams, as specified in Figure 1 of Schedule 1: provided that –

(i)      where at any point the width of the enclosed space, because of any arrangement except convergence of the outside plating, as specified in Figure 3 of Schedule 1, becomes less than 90 % of the breadth of the deck at the line of the opening, the excluded space shall extend only to an athwartship line intersecting that point, as specified in Figures 2 and 4 of Schedule 1,

(ii)      where the opposite ends of two enclosed spaces are separated by a gap, that is completely open except for bulwarks or open rails and of fore and aft length less than half the least breadth of the deck at the gap, then no part of the enclosed spaces shall be excluded, as specified in Figures 5 and 6 of Schedule 1;

(b)     a space under an overhead deck covering open to the sea and weather having no other connection on the exposed sides with the body of the ship than the stanchions necessary for its support – in such a space, open rails or a bulwark and curtain plate may be fitted or stanchions fitted at the ship’s side, provided that the distance between the top of the rails or the bulwark and the curtain plate is not less than 0.75 metres or one-third of the height of the space, whichever is the greater, as specified in Figure 7 of Schedule 1;

(c)     a space in a side-to-side erection between opposite side openings not less in height than 0.75 metres or one-third of the height of the erection whichever is the greater – if the opening in such an erection is provided on one side only, the space to be excluded from the volume of enclosed spaces shall be limited inboard from the opening to a maximum of one half of the breadth of the deck in way of the opening, as specified in Figure 8 of Schedule 1;

(d)     a space in an erection immediately below an uncovered opening in the deck overhead, provided that such an opening is exposed to the weather and the space excluded from enclosed spaces is limited to the area of the opening, as specified in Figure 9 of Schedule 1;

(e)     a recess in the boundary bulkhead of an erection that is exposed to the weather and the opening of which extends from deck to deck without means of closing, provided that the interior width is not greater than the width at the entrance and its extension into the erection is not greater than twice the width of its entrance, as specified in Figure 10 of Schedule 1;

(f)      notwithstanding the provisions of subparagraphs (a) to (e) inclusive, any space listed in those subparagraphs that fulfills at least one of the following conditions shall be treated as an enclosed space –

(i)      the space is fitted with shelves or other means for securing cargo or stores,

(ii)      the openings are fitted with a means of closure,

(iii)     the construction provides a possibility of the openings being closed;

“fixed permanent structure”, in respect of a ship, includes any portion of its hull that is capable of being detached if it is fixed in place during the normal operation of the ship but does not include a functional arrangement such as a safety rail, a bowsprit, a pulpit, a stemhead fitting, a rudder, steering gear, an outdrive, an outboard motor, propulsion machinery, a diving platform, a boarding platform, a rubbing strip or a fender, unless the functional arrangement is designed to replace a part of the hull that has been removed;

“immediate family”, in relation to an individual, means the husband or wife or civil partner of the individual and a relative of the individual or the individual’s husband or wife or civil partner;

“Law” means the Shipping (Jersey) Law 2002;

“length”, in respect of a ship, means the greater of the following –

(a)     the distance between the fore side of its stem and the axis of its rudder stock; or

(b)     96 % of the distance between the fore side of its stem and the aft side of its stern,

the points and measurements being taken respectively at and along a waterline at 85 % of the least moulded depth of the ship – in the case of a ship having a rake of keel the waterline being taken to be parallel to the designed waterline;

“length overall”, in respect of a ship, means the distance between the foreside of the foremost fixed permanent structure of the ship and the afterside of its aftermost permanent structure;

“load line provisions” means –

(a)     the provisions of the Shipping (Load Line) (Jersey) Regulations 2004; or

(b)     in relation to a ship not registered in Jersey, any corresponding provisions of the country in which the ship is registered;

“moulded depth”, in respect of a ship, or in the case of a ship of less than 24 metres “depth”, means the vertical distance measured from the top of the keel of a metal ship, or in wood and composite ships from the lower edge of its keel rabbet, to the underside of its upper deck at side, or, in the case of a ship that is not fully decked, to the top of its upper strake or gunwale, provided that –

(a)     if the form at the lower part of the midship section is of a hollow character, or if thick garboards are fitted, the distance is measured from the point where the line of the flat of the bottom continued inwards cuts the side of the keel;

(b)     in the case of a glass reinforced plastic ship where no keel member is fitted and the keel is of open trough construction, the distance is measured from the top of the keel filling, if any, or the level at which the inside breadth of the trough is 100 millimetres, whichever gives the lesser depth;

(c)     in ships having rounded gunwales, the distance is measured to the point of intersection of the moulded lines of the deck and side shell plating, the lines extending as though the gunwales were of angular design; and

(d)     if the upper deck is stepped and the raised part of the deck extends over the point at which the moulded depth is measured, the distance is measured to a line of reference extending from the lower part of the deck along a line parallel with the raised part;

“moulded draught”, in respect of a ship, means –

(a)     for a ship assigned load lines in accordance with the load line provisions, the draught corresponding to the Summer Load Line (other than timber load lines);

(b)     for a passenger ship, the draught corresponding to the deepest subdivision load line that would be assigned to it if the Passenger Ship Construction Regulations applied to it;

(c)     for a ship to which no load line has been assigned but the draught of which is restricted by the Minister, its maximum permitted draught; and

(d)     for any other ship, 75 % of its moulded depth amidships;

“non-Jersey ship” means a ship which is not a Jersey ship within the meaning of Article 2 of the Law;

“oil tanker” means a ship constructed or adapted to carry oil in bulk in its cargo spaces and includes a combination carrier, being a ship designed to carry either oil or solid cargoes in bulk;

“passenger” means any person carried in a ship except –

(a)     a person employed or engaged in any capacity on board the ship on the business of the ship;

(b)     a person on board the ship either in pursuance of the obligation laid upon the master to carry shipwrecked, distressed or other persons or by reason of any circumstances that neither the master nor the owner nor the charterer (if any) could have prevented; and

(c)     a child under one year of age;

“Passenger Ship Construction Regulations” means the Merchant Shipping (Passenger Ship Construction: Ships of Classes I, II and II(A)) Regulations 1998 of the United Kingdom as for the time being amended or replaced and in force in the United Kingdom;[2]

“pleasure vessel” means –

(a)     a vessel which at the time it is being used –

(i)      in the case of a vessel wholly owned –

(A)    by an individual (or individuals), is being used only for the sport or pleasure of the owner or immediate family or friends of the owner, or

(B)     by a body corporate, is being used only for sport or pleasure and on which the persons are employees or officers of the body corporate, or their immediate family or friends; and

(ii)      is on a voyage or excursion that is one for which the owner does not receive money for or in connection with operating the vessel or carrying any person, other than as a contribution to the direct expenses of the operation of the vessel incurred during the voyage or excursion; or

(b)     a vessel wholly owned by or on behalf of a members' club formed for the purpose of sport or pleasure that, at the time it is being used, is used only for the sport or pleasure of members of that club or their immediate family; and for the use of which any charges levied are paid into club funds and applied for the general use of the club,

and where no other payment is made by or on behalf of users of the vessel, other than by the owner;

“relative” means brother, sister, ancestor or lineal descendant;

“similar stage of construction” means the stage at which –

(a)     construction identifiable with a specific ship begins; and

(b)     assembly of that ship has commenced comprising at least 50 tonnes or 1% of the estimated mass of all structural material whichever is the less;

“surveyor” means a surveyor appointed by a Certifying Authority;

“upper deck”, in respect of a ship, means the uppermost complete deck exposed to weather and sea, that has permanent means of weathertight closing of all openings in the part exposed to weather, and below which all openings in the sides of the ship are fitted with permanent means of watertight closing – in a ship having a stepped upper deck, the lowest line of the exposed deck and the continuation of that line parallel to the upper part of the deck is to be taken as the upper deck;

“weathertight”, in respect of a ship, means that in any sea conditions water will not penetrate into the ship.[3]

PART 2

SHIPS OF 24 METRES IN LENGTH AND OVER

2        Application

This Part applies to a ship –

(a)     that is 24 metres in length or over;

(b)     that is registered or to be registered in Jersey under Part 3 of the Law; and

(c)     for which the ascertainment of tonnage is required under Regulations made under Article 13 of the Law.

3        Method of measurement

(1)     The ship shall be measured by a surveyor.

(2)     The surveyor shall determine its gross and net tonnages in accordance with Regulations 5 and 6.

(3)     However if the ship is a novel type of craft with constructional features that render the application of the provisions of Regulations 5 and 6 unreasonable or impracticable, the surveyor shall determine its gross and net tonnages in the manner specified by the Minister.

(4)     Measurements used in the calculations of volumes shall be taken and expressed in metres to the nearest one hundredth of a metre.

(5)     Gross and net tonnages shall be expressed as whole numbers, decimals being rounded off downwards.

4        Calculation of volumes

(1)     All volumes included in the calculation of gross and net tonnages shall be measured, irrespective of the fitting of insulation or the like, to the inner side of the shell or structural boundary plating in a ship constructed of metal, and to the outer surface of the shell or to the inner side of the structural boundary surfaces in a ship constructed of any other material.

(2)     Volumes of appendages shall be included in the total volume.

(3)     Volumes of spaces open to the sea shall be excluded from the total volume.

(4)     The method and accuracy of the calculations shall be sufficiently detailed to facilitate checking.

5        Gross tonnage

The gross tonnage (GT) of a ship shall be determined by the following formula –

GT = K1V

where –

V = total volume of all enclosed spaces of the ship in cubic metres; and

K1 = 0.2 + 0.02 log10V, as specified in Schedule 2.

6        Net tonnage

(1)     Subject to paragraph (2), the net tonnage (NT) of a ship shall be determined by the following formula –

NT = K2Vc(Embedded Image )2+ K3( N1 +Embedded Image )

where –

Vc = total volume of cargo spaces in cubic metres;

K2 = 0.2 + 0.02 log10Vc, as specified in Schedule 2;

K3 = 1.25Embedded Image

GT = gross tonnage calculated in accordance with regulation 5;

D = moulded depth amidships in metres;

d = moulded draught amidships in metres;

N1 = number of berths for passengers in cabins with not more than 8 berths; and

N2 = number of other passengers who may be accommodated on the ship.

(2)     The formula in paragraph (1) shall be calculated on the basis that –

(a)     the factor –

(Embedded Image )2 shall not be taken as greater than unity;

(b)     the term –

K2Vc(Embedded Image )2

shall not be taken as less than 0.25 GT;

(c)     N1 and N2 shall be taken as zero when N1 + N2 is less than 13; and

(d)     NT shall not be taken as less than 0.30 GT.

7        Segregated ballast oil tankers

(1)     If segregated ballast tanks complying with Regulation 13 of Annex 1 of the International Convention for the Prevention of Pollution from Ships 1973, as modified by the Protocol of 1978 relating to that Convention, are provided in an oil tanker, an entry may be made on its International Tonnage Certificate (1969) indicating the total tonnage of the tanks.

(2)     The tonnage of the tanks shall be calculated according to the following formula –

K1 × Vb

where –

K1 = 0.2 + 0.02 log10V, as specified in Schedule 2;

V = the total volume of all enclosed spaces of the ship in cubic metres; and

Vb = the total volume of the segregated ballast tanks in cubic metres measured in accordance with regulation 4.

8        Issue of certificates

(1)     If, in respect of a ship, the Certifying Authority is satisfied that it is in order to do so, it shall issue to the owner of the ship an International Tonnage Certificate (1969) in the form set out in the Convention that certifies the tonnages of the ship and contains the other particulars to be shown on the form.

(2)     In particular the official number of the ship shall be included as a distinctive number.

9        Alteration or change in ship

(1)     This Regulation applies where an alteration is made in –

(a)     the arrangement of the ship;

(b)     the construction of the ship;

(c)     the capacity of the ship;

(d)     the use of spaces in the ship;

(e)     the total number of passengers the ship is permitted to carry under the terms of its passenger certificate;

(f)      the ship’s assigned load line or permitted draught,

that would cause an increase in the gross or net tonnage of the ship.

(2)     Where this Regulation applies –

(a)     any International Tonnage Certificate (1969) issued in respect of the ship ceases to be valid and must be delivered to the Certifying Authority for cancellation; and

(b)     the owner of the ship must apply for it to be remeasured in accordance with Regulation 3.

10      Transfer from Jersey registry

(1)     This Regulation apples where a ship is transferred from the Jersey Register.

(2)     Where this Regulation applies any International Tonnage Certificate (1969) issued in respect of the ship ceases to be valid.

(3)     However if the transfer is to the Administration of a state that is a Contracting Government the certificate does not cease to be valid until the end of 3 months after the transfer or until the new Administration issues another International Tonnage Certificate (1969), being whichever happens first.

(4)     Where paragraph (2) applies the Certifying Authority shall, as soon as practicable after the transfer, transmit to the Administration of the Contracting Government –

(a)     a copy of the certificate carried by the ship at the time of the transfer; and

(b)     a copy of the relevant tonnage calculations.

11      Change of net tonnage necessitating issue of certificate

(1)     The Certifying Authority shall issue a new International Tonnage Certificate (1969) in respect of a ship if an alteration in the value of V, Vc, d, N1 or N2 (as defined in regulations 5 and 6) results in an increase in the net tonnage of the ship.

(2)     The new Certificate shall incorporate the increased net tonnage.

(3)     If the draught corresponding to the Summer load line differs from that corresponding to the deepest subdivision load line the net tonnage shall, subject to paragraph (4), be that determined in accordance with Regulation 6 by applying the draught corresponding to the appropriate assigned load line for the trade in which the ship is engaged.

(4)     Subject to paragraph (5), if an alteration in the value of V, Vc, d, N1 or N2 (as defined in regulations 5 and 6) or a change in the position of the load lines result in a decrease in the net tonnage, the certifying Authority shall not issue a new International Tonnage Certificate (1969) incorporating the decreased net tonnage until 12 months have elapsed from the date on which the current certificate was issued.

(5)     The certifying Authority may issue a new International Tonnage Certificate (1969) forthwith if –

(a)     a ship that was registered outside Jersey is re-registered in Jersey;

(b)     a ship undergoes an alteration or modification of a major character, such as the removal of a superstructure, that requires an alteration of the assigned load line; or

(c)     the ship is a passenger ship employed in special trade for the carriage of a large number of special trade passengers, such as the pilgrim trade.

PART 3

FISHING VESSELS – 15 TO 24 METRES

12      Application and interpretation

This Part applies to a fishing vessel –

(a)     that is 15 metres or more in length overall but less than 24 metres in length;

(b)     that is registered or to be registered under Part 3 of the Law; and

(c)     for which the ascertainment of tonnage is required under Regulations made under Article 13 of the Law.

13      Measurement to be made by authorized measurer

The vessel shall be measured by a surveyor or by an authorized measurer.

14      Application of certain provisions of Part 2

Regulation 3(2), (3), (4) and (5) and regulations 4, 5 and 6 apply for the measurement of the tonnages of the vessel in the same way as they apply for the measurement of the tonnages of a vessel to which Part 2 applies.

15      Certificate to be issued

The surveyor or authorized measurer shall, if it is in order to do so, issue a certificate in a form approved for the purpose by the Minister.

16      Alterations to vessel

If alterations are made in the arrangement, construction, capacity, use of spaces, or permitted draught of the vessel such as would cause an increase in its tonnage –

(a)     the existing measurement of the vessel shall cease to be valid; and

(b)     its owner shall deliver the certificate issued in respect of the vessel to the issuer and make an application for the vessel to be remeasured in accordance with Regulation 12.

PART 4

SHIPS LESS THAN 24 METRES IN LENGTH AND FISHING VESSELS LESS THAN 15 METRES IN LENGTH

17      Application

This Part shall apply to a ship –

(a)     that –

(i)      not being a fishing vessel, is less than 24 metres in length, or

(ii)      being a fishing vessel, is less than 15 metres in length;

(b)     that is registered or to be registered under Part 3 of the Law; and

(c)     for which the ascertainment of tonnage is required under Regulations made under Article 21 of the Law.

18      Who to make measurement

The ship shall be measured by a surveyor or by an authorized measurer.

19      Measurement

The tonnage of the ship shall be the sum of –

(a)     the product of multiplying together its length, breadth and depth in metres and multiplying the resultant figure by 0.16; and

(b)     the tonnage of any break or breaks, calculated for each break by multiplying together its mean length, mean breadth and mean height in metres and multiplying the resultant figure by 0.35.

20      Measurement – non fishing vessels

(1)     When Regulation 19 is applied to a ship that is not a fishing vessel –

(a)     the length of the ship means its length overall;

(b)     the breadth of the ship means its extreme breadth over the outside plating, planking or hull, no account being taken of rubbers or fenders even if they are moulded so as to be integral with the hull;

(c)     the depth of the ship means its depth measured vertically at the midpoint of its length overall.

(2)     For the purpose of paragraph (1)(c) –

(a)     the upper terminal point for depth shall be –

(i)      in the case of a decked ship, the underside of the deck on the middle line or, if there is no deck on the middle line at the point of measurement, the underside of the deck at the side of the ship plus the full deck camber,

(ii)      in the case of an open ship, the top of the upper strake or gunwale;

(b)     the lower terminal point of depth shall be –

(i)      in the case of a wooden ship, the upper side of the plank at the side of the keel or hog,

(ii)      in the case of a metal ship, the top of the plating at the side of the keel,

(iii)     in the case of a glass reinforced plastic ship, the inside of the hull - where no keel member is fitted and the keel is of open trough construction, the lower terminal point for depth shall be the top of the keel filling, if fitted, or the level at which the inside breadth of the trough is 10 centimetres, whichever gives the greater depth; and

(c)     where a break exists in the way of the point of measurement for depth, the height of the break shall not be included in the measurement of depth.

21      Measurement – fishing vessels

(1)     When Regulation 19 is applied to a ship that is a fishing vessel –

(a)     the length of the ship means its length measured from the foreside of its foremost fixed permanent structure to –

(i)      the aftermost part of its rudder post,

(ii)      if the vessel has no rudder post, the foreside of its rudder stock at the point where the rudder post passes out of the hull, or

(iii)     if the vessel has no rudder post or rudder stock, to the aftermost part of its stern or transom;

(b)     the breadth of the ship means its extreme breadth over the outside plating, planking or hull, no account being taken of rubbers or fenders even if they are moulded so as to be integral with the hull;

(c)     the depth of the ship means its depth measured vertically amidship.

(2)     For the purpose of paragraph (1)(c) the measurement shall be taken, subject to paragraph (3) –

(a)     from the underside of the upperdeck on the centre line to –

(i)      the upperside of the double bottom plating or to the normal line of the open floors or timbers, as the case may be, or

(ii)      if the ship has no frames or timbers fitted, the inside of the hull on the centre line; or

(b)     in the case of an open ship, from the upper edge of the shell or the upper strake of planking or plating to the upper side of the bottom frames or timbers on the centre line.

(3)     If a break exists in the way of the measurement for depth, the height of the break shall not be included in the measurement of depth.

(4)     If ceiling or insulation is fitted on the tank top its thickness up to a maximum of 8 cm shall be deducted from the measurement obtained by the application of paragraphs (2) and, if applicable, (3).

22      Measurement – general

(1)     The tonnage determined in accordance with Regulation 19 shall be the gross tonnage and net tonnage.

(2)     In the case of a multi-hull ship the tonnage of each hull shall be measured separately and the sum of such tonnages shall be used in computing the tonnage referred to in paragraph (1).

(3)     All measurements used in the calculations of volumes shall be taken and expressed in metres to the nearest one hundredth of a metre.

(4)     Tonnage shall be expressed to 2 decimal places, the second decimal place being increased by one if the third decimal place is 5 or more.

(5)     On completion of the measurement the surveyor or measurer, as the case may be, shall forward to the Minister a Certificate of Measurement in a form approved by the Minister.

23      Alteration or change in ship

(1)     This Regulation applies where an alteration is made in –

(a)     the arrangement of the ship;

(b)     the construction of the ship;

(c)     the capacity of the ship;

(d)     the use of spaces in the ship;

(e)     the total number of passengers the ship is permitted to carry under the terms of its passenger certificate;

(f)      the ship’s assigned load line or permitted draught,

that would cause an increase in the gross or net tonnage of the ship.

(2)     Where this Regulation applies –

(a)     any tonnage certificate issued in respect of the ship cease to be valid and must be delivered to the Certifying Authority for cancellation; and

(b)     the owner of the ship must apply for it to be remeasured in accordance with Regulation 3.

PART 5

NON-JERSEY SHIPS

24      Ascertainment of tonnage and certification

(1)     The Minister may, at the request of the Administration of a Contracting Government, ascertain the gross and net tonnages of a non-Jersey ship in accordance with Part 2 and issue to the owner an International Tonnage Certificate (1969).

(2)     The Minister shall endorse any certificate it issues in accordance with paragraph (1) to the effect that it has been issued at the request of the Government of the state whose flag the ship is or will be flying, and shall transmit a copy of the certificate and the calculations of the tonnages to the requesting Government as soon as practicable.

(3)     The Certifying Authority may, at the request of an owner of a non-Jersey ship flying the flag of a State whose Government is not a Contracting Government, ascertain the gross and net tonnages of the ship in accordance with Part 2 and issue a Certificate of Jersey Tonnage measurement.

(4)     The Certifying Authority shall endorse any certificate it issues in accordance with paragraph (3) “for use only whilst within Jersey waters”.

PART 6

PENALTIES

25      Penalties

An owner or a master who fails without reasonable cause to deliver up a certificate for cancellation as required by regulations 9(2)(a), 16(b) or 23(2)(b) shall be guilty of an offence punishable on summary conviction by a fine not exceeding level 3 on the standard scale.

26      Citation

These Regulations may be cited as the Shipping (Tonnage) (Jersey) Regulations 2004.

 


SCHEDULE 1

EXCLUDED SPACES AS DEFINED IN REGULATION 1

In the following figures:

O

=

excluded space;

C

=

enclosed space;

I

=

space to be considered as an enclosed space. (Hatched-in parts to be included as enclosed spaces);

B

=

breadth of the deck in way of the opening. (In ships with rounded gunwales the breadth is measured as indicated in Figure 11).

 

 


Schedule 1, diagram 2


Schedule 1, diagram 3


SCHEDULE 2

COEFFICIENTS K1 AND K2 REFERRED TO IN REGULATIONS 5, 6 AND 7

V or VC = Volume in cubic metres;

Coefficients K1 or K2 at intermediate values of V or VC shall be obtained by linear interpolation.

 

V or VC

K1 or K2

V or VC

K1 or K2

V or VC

K1 or K2

V or VC

K1 or K2

10

0.2200

45 000

0.2931

330 000

0.3104

670 000

0.3165

20

0.2260

50 000

0.2940

340 000

0.3106

680 000

0.3166

30

0.2295

55 000

0.2948

350 000

0.3109

690 000

0.3168

40

0.2320

60 000

0.2956

360 000

0.3111

700 000

0.3169

50

0.2340

65 000

0.2963

370 000

03.114

710 000

0.3170

60

0.2356

70 000

0.2969

380 000

0.3116

720 000

0.3171

70

0.2369

75 000

0.2975

390 000

0.3118

730 000

0.3173

80

0.2381

80 000

0.2981

400 000

0.3120

740 000

0.3174

90

0.2391

85 000

0.2986

410 000

0.3123

750 000

0.3175

100

0.2400

90 000

0.2991

420 000

0.3125

760 000

0.3176

200

0.2460

95 000

0.2996

430 000

0.3127

770 000

0.3177

300

0.2495

100 000

0.3000

440 000

0.3129

780 000

0.3178

400

0.2520

110 000

0.3008

450 000

0.3131

790 000

0.3180

500

0.2540

120 000

0.3016

460 000

0.3133

800 000

0.3181

600

0.2556

130 000

0.3023

470 000

0.3134

810 000

0.3182

700

0.2569

140 000

0.3029

480 000

0.3136

820 000

0.3183

800

0.2581

150 000

0.3035

490 000

0.3138

830 000

0.3184

900

0.2591

160 000

0.3041

500 000

0.3140

840 000

0.3185

1 000

0.2600

170 000

0.3046

510 000

0.3142

850 000

0.3186

2 000

0.2660

180 000

0.3051

520 000

0.3143

860 000

0.3187

3 000

0.2695

190 000

0.3056

530 000

0.3145

870 000

0.3188

4 000

0.2720

200 000

0.3060

540 000

0.3146

880 000

0.3189

5 000

0.2740

210 000

0.3064

550 000

0.3148

890 000

0.3190

6 000

0.2756

220 000

0.3068

560 000

0.3150

900 000

0.3191

7 000

0.2769

230 000

0.3072

570 000

0.3151

910 000

0.3192

8 000

0.2781

240 000

0.3076

580 000

0.3153

920 000

0.3193

9 000

0.2791

250 000

0.3080

590 000

0.3154

930 000

0.3194

10 000

0.2800

260 000

0.3083

600 000

0.3156

940 000

0.3195

15 000

0.2835

270 000

0.3086

610 000

0.3157

950 000

0.3196

20 000

0.2860

280 000

0.3089

620 000

0.3158

960 000

0.3196

25 000

0.2880

290 000

0.3092

630 000

0.3160

970 000

0.3197

30 000

0.2895

300 000

0.3095

640 000

0.3161

980 000

0.3198

35 000

0.2909

310 000

0.3098

650 000

0.3163

990 000

0.3199

40 000

0.2920

320 000

0.3101

660 000

0.3164

1 000 000

0.3200

 


Endnotes

Table of Legislation History

Legislation

Year and No

Commencement

Shipping (Tonnage) (Jersey) Regulations 2004            

R&O.28/2004

1 June 2004

States of Jersey (Amendments and Construction Provisions No. 10) (Jersey) Regulations 2005

R&O.50/2005

9 December 2005

Civil Partnership (Consequential Amendments) (Jersey) Regulations 2012

R&O.47/2012

2 April 2012

Table of Renumbered Provisions

Original

Current

26(1)

26

26(2)

spent, omitted from this revised edition

Table of Endnote References



[1]                                     These Regulations have been amended by the States of Jersey (Amendments and Construction Provisions No. 10) (Jersey) Regulations 2005. The amendments replace all references to a Committee of the States of Jersey with a reference to a Minister of the States of Jersey, and remove and add defined terms appropriately, consequentially upon the move from a committee system of government to a ministerial system of government

[2] Regulation 1                definition of “Passenger Ship Construction Regulations”, editorial change, “kingdom” deleted, “Kingdom” inserted instead

[3] Regulation 1                amended by R&O.47/2012


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