MINISTRY OF SURFACE
TRANSPORT
(Shipping Wing)
NOTIFICATION
New Delhi, the 14th
March, 1990
(Merchant Shipping)
G.S.R. 136(E) – In exercise of the powers conferred by sub-section (1)
of section 285 of the Merchant Shipping Act, 1958 (44 of 1958), the
Central Government hereby makes the following regulations further to
amend the Merchant Shipping (Prevention of Collisions at Sea)
Regulations, 1975, namely :-
1 (1) These
regulations may be called the Merchant Shipping (Prevention of
Collisions at Sea) Amendment Regulations, 1990.
(2) They shall come into force on the 19th
day of November, 1990.
2. In the Schedule to the Merchant Shipping (Prevention of
Collisions at Sea) Regulations, 1975-
(1)
for clause (e) of Rule 1, the following clause shall be substituted
namely :-
"(e)
Whenever the government concerned shall have determined that a vessel of
special construction or purpose cannot comply fully with the preventions
of any of these Rules with respect to the number, position, range or are
of visibility of lights or shapes, as well as to the disposition and
characteristics of soundsignalling appliances, such vessel shall comply
with such other provisions in regard to the number, position, range or
are of visibility of lights or shapes, as well as to the disposition and
characteristics of sound-signalling appliances, as her Government shall
have determined to be the closest possible compliance with these Rules
in respect of that vessel";
(2) for clause (h) of Rule 3, the following clause shall be
substituted, namely :-
"(h)
The term "vessel constrained by her draught" means a power-driven vessel
which, because of here draught in relation to the available depth and
width of navigable water, is severely restricted in her ability to
deviate from the course she is following," ;
(3) fater clause (e) of Rule 8 following clause shall be inserted,
namely :-
"f) (i)
A vessel which, by any of these rules, is required not to imede the
passage or safe passage of another vessel shall, when required by the
circumstances of the case, take early action to allow sufficient sea
room for the safe passage of the other vessel.
(ii)
A vessel required no to impede the passage or safe passage of another
vessel is not relieved of this obligation if approaching the other
vessel so as to involve risk of collision and shall, when taking action,
have full regard to the action which may be required by the rules of
this part.
(iii)
A vessel the passage of which is not to be impeded remains fully obliged
temocomply with the rules of this part when the two vessels are
approaching one another so as to involve risk of collision. :;
(4) in Rule 10, ---
(a)
for clause (a), the following clause shall be substituted, namely :-
"(a)
This rule applies to traffic separation schemes adopted by the
International Maritime Organisation and does not relieve any vessel of
here obligation under any other rule." ;
"(b)
for clause (c), the following clause shall be substituted, namely :-
"(c) A
vessel shall so far as practicable, avoid crossing traffic lanes but if
obliged to do so shall cross on a heading as nearly as practicable at
right angles to the general direction of traffic flow.';
(5) in the Annex -I
(a)
in clause 2 –
(i)
for sub-clause (d), the following sub-clause shall be substituted,
namely :-
"(d) A
power-driven vessel of less than 12 metres in length may carry the upper
most light at a height of less than 2.5 metred above the gunwale. When
however a masthead light is carried in addition to sidelights and a
sternlight or the all-round light prescribed in rule 23(c) (i) is
carried in addition to sidelights, them such masthead light or all-round
light shall be carried at least one metre higher than the side-lights."
;
(ii)
in sub-clause (i), for sub-clause (ii), the following sub-clause shall
be substituted, namely :-
"(ii)
on a vessel of less than 20 metres in length such lights shall be spaced
not less than one metre apart and the lowest of these lights shall,
except where a towing light is required, be placed at a height of not
less than two metres above the gunwale." ;
(b) in clause 10, ---
(i)
in sub-clause (a) for the words "sailing vessels."; the words "sailing
vessels underway" shall be substituted ;
(ii)
in sub-clause (b) for the words "sailing vessels", the words "sailing
vessels under way" shall be substituted ;
(6) in clause 1 ---
after
sub-clause (n), the following clause shall be inserted, namely:-
"(o)
approved signals transmitted by radio communication system." ;
NOTE
: The Principal rules were published in Gazette of India, Part, 3,
Section 11, Sub section (i) dated 5.7.1975 at pages 1820-1845 vide
Government notification, Ministry of Shipping and Transport, No. GSR 820
dated 25.6.1975 and was subsequently amended by, --
(i)
Government notification No. GSR 1317 dated 24.10.1978, published in the
Gazette of India, Part II, Section 3, Sub-Section (i) dated 4.11.1978 at
page 2533.
(ii)
Government notification No., GSR 1053(E) dated 29.9.1986, published in
the Gazette of India Extraordinary, Part II, Section3, Sub-section (i)
dated 29.8.1986 at page 5.
[F.No.SR-11012/1/88-MA]
RAM SANEHI, Under Secy.