Merchant Shipping (Prevention of Collisions at Sea) Amendment Regulations, 1990

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.
 

      

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