No. 7 - Exemptions permitted to be issued by the Recognized Organization without prior consultation of NSI
Date Entry Into Force: 06-10-2008, amended 01-12-2013
In accordance with chapter 5 of the agreement of June 1st 2006 between the Netherlands Shipping Inspectorate and the RO’s (as amended), RO’s are permitted to issue certain exemptions on behalf of the Administration. The process for dealing with exemptions is described in paragraphs 5.3 and 5.5 to 5.7 of the agreement.
Normally, and in accordance with the above mentioned process prescribed by the agreement, exemptions are first forwarded to NSI for consultation before they are issued.
For those exemptions which may be issued without prior consultation, this instruction provides the conditions and situations under which this is allowed, in order to reduce extra administrative burden.
No. 7a) - Exemption for a single voyage of the requirements of Solas Chapter V, regulation 22
In accordance with paragraph 5.3 and 5.5 of the agreement of June 1st 2006 between the Netherlands Shipping Inspectorate and the RO’s (as amended), RO’s are permitted to issue an exemption from Solas Chapter V, regulation 22 for a single voyage. Before issuing the exemption the RO shall verify that the necessary precautions as indicated below are in place prior to departure for that single voyage covered by the exemption certificate.
It is the responsibility of the shipowner to ensure that the applicable requirements of the Dutch Labour Act and ILO are met, including the requirements of the Working Hours Decree Transport.
It is also the responsibility of the shipowner and master of the ship to ensure that the applicable requirements of the STCW Code are met, in particular those mentioned in Section A-VIII/2, part 3-1.
As a minimum all of the following conditions will apply.
- An extra observation post shall be assigned or provided.
- While sailing, a qualified officer in charge of the navigational watch on the navigation bridge and an extra qualified lookout in the observation post(s) must always be physically present. The extra qualified lookout shall meet the standard of competence specified in section A-II/4 of the STCW Code (Mandatory minimum requirements for ratings forming part of a navigational watch).
- The common (overlapping) blind sectors of both the conning position on the bridge and of the position(s) of the observation post(s) are to be in compliance with the parameters of SOLAS Chapter V Regulation 22.1.1 and 22.1.2. In this respect “blind sector” means the overlapping blind sector.
- There should be a (horizontal) field of vision around the vessel of 360° obtained by an observer moving within the confines of the wheelhouse, including the (either open or enclosed) bridgewings. However, in the sector from right astern to 22.5° abaft the beam on either side of the ship, the field of vision may be obtained by the use of alternative means (e.g. camera’s subject to the provisions of IACS UI SC 139). The blind sectors as observed from the conning position should be verifiable through radar.
- In all circumstances and at all times there is direct communication available between the officer in charge and the extra qualified lookout in the observation post(s).
- The safety and working conditions of the extra qualified lookout in the observation post shall be guaranteed:
- Extra immersion suits and lifejackets shall be fitted in the observation post(s) for the number of persons present.
- At all times and in all circumstances there shall be a safe escape route from the observation post(s).
- The proper functioning of navigation and communication equipment shall not be influenced by the cargo.
The RO shall report without delay to NSI each case an exemption as meant above is issued.
The report shall contain:
- particulars of the vessel
- particulars of the voyage to be undertaken
- a short description of the reason why the exemption is required
No. 7 b) - Exemption for connecting BNWAS to S-VDR
In Information to Shipping no.2 of 24 September 2012 the issue of connection of the BNWAS to the (S-) VDR is addressed, clarifying that in exceptional circumstances, connection of the BNWAS to the S-VDR may be waived.
In this respect the RO may, without having to consult NSI, issue an exemption for connecting the BNWAS to the S-VDR in case that it is established, for instance by means of a declaration from the manufacturer of the BNWAS, that the required data is not available and that the BNWAS cannot be adapted for this. A statement by the RO in the ship’s Safety Certificate to this respect is also regarded as an exemption.
The exemption in fact deals with exempting the S-VDR from full compliance with the performance standards (SOLAS V/18.2) for S-VDRs resolution MSC.163(78), as amended by resolution MSC.214(81) annexes 1 and 2.
The RO shall report without delay to NSI each case an exemption as meant above is issued.
The report shall contain:
- particulars of the vessel
- a copy of the manufacturer’s declaration or similar evidence demonstrating that the required data is not available and that the BNWAS cannot be adapted for this
No 7 c) - Exemption for the 5 knots installation test of lifeboats
IMO Resolution MSC.81(70), Revised recommendation on testing of life-saving appliances, states under par.1.3 of part 2 (Production and installation tests) the following:
“1.3 Where the proper operation of life-saving appliances is dependent on their correct installation in ships, the Administration should require installation tests to ensure that the appliances have been correctly fitted in a ship.”
IMO resolution MSC.81(70) part 2, par.5.4 requires a 5 knots installation test to be carried out in calm water and on even keel, for fully equipped lifeboats on cargo ships of 20,000 GT and rescue boats. This test however is considered very hazardous, in particular when it concerns recovery of the lifeboat/rescueboat after the test has taken place.
Also MSC.1/Circ.1392, dealing with evaluation and replacement of lifeboat release and retrieval systems, requires the 5 knots installation test to be carried out upon replacement of a non-compliant lifeboat release and retrieval system.
In this respect, for ships built according to the same plans and with identical installation of rescue boat(s) and launching arrangement(s), the successful results from the launch test at 5 knots headway speed on the mothership are acceptable as documented evidence of the similar ability to launch the rescueboat(s) from the sister ship(s) in the series.
The RO may, without having to consult NSI and on above mentioned basis, issue an exemption for the 5 knots installation test on those sister ships.
Anyhow, NSI recommends the test to be performed at the end of the sea-trial in case of new ships. A tug could then tow the boat(s) inside, or if the weather/sea state is favorable, the boat(s) could be recovered.
Furthermore, the introduction of MSC.81(70) states that the Maritime Safety Committee “RECOMMENDS Governments to ensure that life-saving appliances are subjected to:
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the tests recommended in the Annex to the present resolution; or
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such tests as the Administration is satisfied are substantially equivalent to those recommended in the Annex to the present resolution.”
In this respect, in the case of existing ships and in particular to address the problems with the application of MSC.1/Circ.1392, NSI allows the following test to be performed, as an equivalent to the 5 knots installation test:
A tugboat is tied alongside the ship at the quay, whereby the tug engines create a ‘5-knot wash’.
In this ‘5-knot wash’ the installation test is performed.
No. 7d) - Conditional certificates in the absence of final stability booklets
SOLAS Reg. II-1/5 and II-1/5-1 as well as LL Convention 1988 LL Protocol, regulation 10, require every passenger ship regardless of size and every cargo ship of 24 m and over to be inclined on completion and the elements of their stability determined. The master shall be supplied with stability information containing such information as is necessary to enable him, by rapid and simple procedures, to obtain accurate guidance as to the stability of the ship under varying conditions of service to maintain the required intact stability and stability after damage. For bulk carriers, the information required in a bulk carrier booklet may be contained in the stability information.
During the design phase of a ship preliminary stability documents are prepared based on a weight estimate which is confirmed by an inclining experiment/lightweight survey as applicable in accordance with SOLAS Reg. II-1/5 on completion and prior delivery of the ship.
Often short term International Load Line certificates may be issued in order to allow time for the preparation and the approval of the final stability booklet drawn up on the lightship characteristics as obtained from the inclining experiment.
In this respect the RO may, without having to consult NSI, issue a short term International Load Line certificate in the following cases and under the following condition:
1. New Construction - deviations between the lightship particulars included in the preliminary stability booklet and the lightship particulars obtained from the Inclining experiment/lightweight survey do not exceed the tolerances provided in SOLAS Reg. II-1/5.2.
2. New Construction - deviations between the lightship particulars included in the preliminary stability booklet and the lightship particulars obtained from the Inclining experiment/lightweight survey exceeds the tolerances provided in SOLAS Reg. II-1/5.2.
- Preliminary stability booklet is approved by the RO;
- Inclining experiment/lightweight survey has been performed and approved by the RO;
- An addendum shall be prepared and approved including the following information:
- a. Lightship particulars used in the approved preliminary stability booklet
- b. Lightship particulars as obtained from the inclining experiment/lightweight survey
- c. Deviation between item a and b above for weight and center of gravities (LCG, TCG, VCG)
- d. Loading conditions drawn up on the basis of the lightship particulars obtained from the inclining experiment/light weight survey shall be prepared for the intended voyage(s) and approved for all applicable requirements.
- As an alternative to d. the existing approved preliminary stability booklet may be used in conjunction with the addendum as described in a. till c. under the condition that values of max. VCG/ min. GM curve are available and are observed. Appropriate instructions to the Master to be provided.
- Approved preliminary stability booklet, approved inclining test report/lightweight survey report and approved addendum shall be placed on board.
- Appropriate statutory recommendation or condition to be issued.
3. Conversion/modifications - deviations between the lightship particulars included in the approved stability booklet prior conversion and the lightship particulars obtained from the Inclining experiment/lightweight survey after conversion exceeds the tolerances provided in SOLAS Reg. II-1/ 5.4 and the corresponding Explanatory Notes.
- The ship is having an approved stability booklet based on light ship particulars as obtained from the inclining experiment/lightweight survey prior conversion.
- A weight estimate based on calculations has been performed and the results are not in accordance with Solas Reg. II-1/5.4 and the corresponding Explanatory Notes.
- A new inclining experiment/lightweight survey after completion of the conversion/modification has been performed and has been approved by the RO.
- An addendum shall be prepared and approved including the following information:
- a. Lightship particulars used in the approved stability booklet prior conversion/modification
- b. Lightship particulars as obtained from the inclining experiment/lightweight survey after conversion/modification
- c. Deviation between item a and b above for weight and center of gravities (LCG, TCG, VCG)
- d. Loading conditions drawn up on the basis of the lightship particulars obtained from the new inclining experiment/light weight survey shall be prepared for the intended voyage(s) and approved for all applicable requirements.
- As an alternative to d. the existing approved stability booklet may be used in conjunction with the addendum as described in a. till c. under the condition that values of max. VCG/ min. GM curve are available and are observed. Appropriate instructions to the Master to be provided.
- Approved stability booklet is already on board. Additional the approved inclining test report/lightweight survey report and approved addendum shall be placed on board.
- Appropriate statutory recommendation or condition to be issued.