Subsidiary Legislation · As enacted
Merchant Shipping (Official Log-Books) Regulations, 2007
Official textFrom Attorney General's Chambers, unchanged
s 1
These Regulations may be cited as the Merchant Shipping (Official Log-Books) Regulations, 2007.
Interpretation.
s 2In these Regulations, unless the context otherwise requires -
"country" includes a territory;
"entry" means an entry in an official log-book, including an entry contained in a separate document annexed to any official log-book in accordance with regulation 7, of any particulars specified in column 1 in any paragraph of the
First Schedule and an entry amending or cancelling such an entry;
"load line certificate" includes a local freeboard certificate;
"officer" means an officer qualified for the purposes of section 2;
"Safety Regulations" means the Merchant Shipping (Safety Convention)
Regulations, 2003 (S 57/03) or the Merchant Shipping (Non-Convention
Ships) Safety Regulations, 1984 (S 28/84);
"seaman", in paragraphs 15, 17 and 28 of the First Schedule, includes the master of a ship.
Log-book.
Unless otherwise stated, an official log-book shall be kept in every ship registered in Brunei Darussalam.
The official log-book shall be in a form approved by the Director.
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Entries in log-book.
s 4
Subject to the provisions of the Order and of regulations made thereunder, entries of particulars specified fa) in column 1 in each paragraph of Part I of the First Schedule shall be made in the official log-book;
in column 1 in each paragraph of Part II of the First Schedule shall be so made in the official log-book kept in any such ship to which the
Merchant Shipping (Disciplinary Offences) Regulations, 2007 apply; and
in column 1 in each paragraph of Part III of the First Schedule shall be so made in the official log-book kept in any such ship in respect of which a load line certificate has been issued under section 125.
Person to make entry in official log-book.
s 5
(ll Each entry shall be made in the official log-book by the person (or by a person authorised by any such person for that purpose) specified in column 2 in each paragraph of the First Schedule.
Each entry-fa)
subject to sub-regulation (3), shall be signed by the person or by one of the persons specified in column 2 in each paragraph of the First
Schedule; and fb}
subject to the provisions of each paragraph of the First Schedule, shall be witnessed by the person specified in column 3 in each paragraph of the First Schedule.
An entry which is to be signed by the master may, except where the
. contrary intention appears, be signed by an officer authorised by the master for that purpose.
Each entry shall include the date when it is made.
Where an officer is authorised by the master to sign an entry on his behalf, the master shall make an entry to that effect, citing the name and rank of the officer so authorised.
Entry to be signed and witnessed.
s 6
If an entry which is to be signed or witnessed by a master or by a person who is a member of the crew is not made, signed and witnessed in accordance 1639
BRUNEI DARUSSALAM GOVERNMENT GAZETTE with these Regulations, the master of the ship at the time when the entry is or should have been made, signed and witnessed shall be guilty of an offence.
Separate document to be used when entry is lengthy.
s 7
If it is not practicable by reason of its length, the circumstances in which it is to be made or for any other reason for an entry to be contained in the official log-book, it shall be contained in a separate document annexed to the official log-book and referred to in any entry in the official log-book; and reference in these Regulations to an official log-book include reference to any document annexed to an official log-book in accordance with this regulation.
Entries to be entered when official log-book is opened.
s 8Entries of particulars specified in paragraphs 1, 2, 3, 5 and 35 of the
First Schedule shall be made at the time when an official log-book is opened;
and-fa) a further entry of particulars specified in paragraph 3 of the
First Schedule shall be made as soon as practicable after any change of the master; and
{b)
a further entry of particulars specified in paragraph 35 of the First
Schedule shall be made as soon as practicable after a new load line certificate is issued in respect of the ship under section 125.
The entry of particulars specified in paragraph 7 of the First Schedule shall be made as soon as practicable after the ship arrives at or leaves any dock, wharf, anchorage, port or harbour, as the case may require.
The entry of particulars specified in paragraph 9 of the First Schedule shall be made as soon as practicable after every time when each muster should have been held in accordance with the Safety Regulations.
The entries of particulars specified in paragraphs 30{b) and {c) of the
First Schedule shall be made daily or at such other times during the continuance of the illness or injury as the person: intending to make any such entry thinks fit.
The entry of particulars specified in paragraph 36 of the First Schedule shall be made before the ship leaves any dock, wharf, anchorage, harbour, port or other place for the purpose of proceeding to sea.
Every other entry shall be made as soon as practicable after the occurrence to which it relates, or if it amends or cancels an existing entry, as soon as practicable after the person intending to sign it becomes aware of the facts giving rise to the amendment or cancellation.
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Subject to regulation 9, no entry shall be made in an official log-book after the expiry of the time referred to in regulation 11 ( 1).
Entries not to be amended or cancelled.
Subject to this regulation, an entry shall not be amended or cancelled.
Where-
in the case of an entry which was required to be signed by the master, it appears to the person who for' the time being is the master of the ship that the entry is inaccurate or incomplete; or
in the case of any other entry, it appears to the person who signed the entry that it is inaccurate or incomplete, that person shall, if it is practicable to do so before the expiry of the time referred to in regulation 11 ( 1), make and sign a further entry referring to the entry and amending or cancelling it; and regulations 5(1) and (2)(b) and regulations 6 and 7
shall apply to the further entry.
Where, after the time referred to in regulation 11(1), it appears to the
Director that an entry is inaccurate or incomplete, he -
may make and sign a further entry referring to the entry and amending or cancelling it; and
shall, if it is practicable to do so, inform any master or seaman, to whom any such further entry relates, of its contents.
Any person who fails to comply with sub-regulation (2) shall be guilty of an offence.
Production of official log-book.
The master of the ship shall, on demand, produce to the Director the official log-book required to be kept in the ship.
A master who fails to comply with this regulation shall be guilty of an offence.
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Master to deliver official log-book.
The master shall upon the discharge of the last person employed in the ship under a crew agreement deliver the official log-book to the Director within 48 hours if the ship is in Brunei Darussalam, or within 21 days if the ship is not in
Brunei Darussalam, or, if it is not practicable within that time, as soon as practicable thereafter.
A master who fails to comply with this regulation shall be guilty of an offence.
Search and copies of official log-book.
s 12
Any person may, with the approval of the Director, request for a search or copies of the official log-book of a ship upon payment of the fees as prescribed in the Second Schedule.
Penalty.
s 13
Any person who contravenes or fails to comply with these Regulations shall be guilty of an offence and liable on conviction to a fine not exceeding $2,000.
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