No. 7 - Exemption for a single voyage of the requirements of Solas Chapter V, regulation 22.
( Date Entry Into Force: 06-10-2008, amended 01-09-2009 )
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 convince itself that all necessary precautions to guarantee a safe voyage will be taken.
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