ItoRO no. 07 - Exemptions permitted to be issued by the Recognized Organization without prior consultation of the NSI

Since subject survey and certification is delegated to the Recognised Organisations (ROs), the ship owner shall apply for an exemption at their RO and not directly to the flag state, after which the RO shall submit the proposal through the RO's Netherlands branch office to the Netherlands Shipping Inspectorate (NSI).

In accordance with chapter 6 of the Agreement of the 3rd of April 2014, as amended, between the NSI and the ROs (as amended), ROs are permitted to issue certain exemptions 'on behalf of the Government of the Netherlands'. The process for dealing with exemptions is described in paragraphs 6.3 and 6.5 to 6.8 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, except in case of the situation occurring outside office hours, for which the RO is authorized to issue short term- / exemption certificates without prior consultation of the Administration (as per Agreement paragraph 6.8). The NSI affirms this by means of a statement.

For those exemptions which may be issued (also within office hours) without prior consultation, this Instruction provides the conditions and situations under which this is allowed, in order to reduce extra administrative burden. The RO shall assess the request and, without prior consultation of the NSI, may act in accordance with the requirements as mentioned in this Instruction under the relevant paragraph. The RO shall inform the NSI, without delay, after issuance of the exemption by an e-mail ([e-mail]) which states:

"<name RO> has, in accordance with the procedure, as per ItoRO no.7 – Exemptions permitted to be issued by the Recognized Organization without prior consultation of NSI, issued an exemption for <name vessel> with IMO <IMO no. vessel> as per item <item no. in ItoRO no. 7>"

In case a follow-up exemption is to be issued, the NSI is to be contacted by the RO before further extension together with information about the actions taken so far by shipowner and/or the RO.

a) Additional conditions for a single voyage in order to comply with the requirements of SOLAS regulation V/22 (Navigation bridge visibility)

The RO's are permitted to issue an exemption certificate for a single voyage in order to comply with the requirements of SOLAS regulation V/22. Before issuing this exemption certificate, the RO shall verify that the necessary precautions as indicated below are in place prior to departure of the ship 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 relevant requirements for shipping as stated in 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.

As a minimum all of the following conditions will apply:

1. An extra observation post manned by a qualified lookout, in compliance with section A-II/4 of the STCW Code (Mandatory minimum requirements for ratings forming part of a navigational watch), shall at all times be provided during the sea voyage. In all circumstances and at all times there is direct communication available between the officer in charge of the navigational watch on the navigation bridge and the extra qualified lookout in the observation post(s).

2. 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).

3. The deployment of the qualified lookout in the observation post as well as the qualified lookout on the navigation bridge shall take into account the applicable requirements of the STCW Code as mentioned in Section A-VIII/2, part 3.

4. 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 regulation V/22.1.1 and V/22.1.2. In this respect 'blind sector' means the overlapping blind sector.

5. The proper functioning of navigation- and communication equipment must not be impaired by the situation giving rise to the reduced visibility situation or by measures taken in response, such as the additional observation post.

Under the authority conferred by the provisions of: Ships Act, Article 5.2

Equivalent to the requirements of: SOLAS regulation V/22

 

In view of the conditions mentioned above, the following shall be noted:

1. Compliance with SOLAS regulation V/22.1.3, with the remark that for the wording 'conning position' may be read 'conning position ánd the observation post(s) together'.

2. Compliance with SOLAS regulation V/22.1.4, with the remark that for the wording 'each bridge wing' may be read 'from each bridge wing ánd the observation post(s) together'.

3. In order to comply with SOLAS regulation V/22.1.5, the horizontal field of vision form the conning position ánd the observation post(s) shall extend over an arc of not less than 225°, that is from right ahead to not less than 22.5° abaft the beam on either side of the ship. 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 235 as corrected, as implemented into MSC.1/Circ.1350/Rev.1 ). The blind sectors as observed from the conning position should be verifiable through radar.

4. In case an exemption is required in relation to the radar installation and/or navigational lights also, the NSI shall be consulted beforehand.

b) Connection of the BNWAS to the S-VDR

With reference to the Information to Shipping regarding Bridge Navigational Watch Alarm Systems (BNWAS) the issue of connection of the BNWAS to the Simplified Voyage Data Recorder (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 the NSI, issue an exemption for connecting the BNWAS to the S-VDR in case that it is established, 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 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, fitted before 1 June 2008 or fitted on- or after 1 June 2008.

The RO shall report without delay to the NSI in case an exemption as meant above is issued. The report shall contain, at least:

• particulars of the vessel, and

• 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.

Under the authority conferred by the provisions of: SOLAS regulation V/19.2.2.4

Exempted from or equivalent to the requirements of: full compliance of Resolution MSC.128(75)

c) Exemption and equivalency for the 5 knots installation test of life- or rescueboats

Introduction

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 davit-launched (Ref.MSC.482(103)) lifeboats on cargo ships of 20,000 GT and upwards and rescue boats. This test however is considered very hazardous, in particular when it concerns recovery of the life- or rescueboat after the test has taken place.

Also MSC.1/Circ.1392, dealing with evaluation and replacement of lifeboat release and retrieval systems, requires (under the 'Procedure for replacement) the 5 knots installation test to be carried out upon replacement of a non-compliant lifeboat release and retrieval system.

Acceptance based on trials by sistervessels

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 life- or rescueboat(s) from the sister ship(s) in the series.

The RO may, without having to consult the NSI and on above mentioned basis, issue an exemption for the 5 knots installation test on those sister ships.

Testing without recovering the life- or rescueboat afterwards

Anyhow, the 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.

Equivalent test with tug boat by new ships

Furthermore, the introduction of MSC.81(70) states that 'the Maritime Safety Committee, recommends Governments to ensure that life-saving appliances are subjected to:

1. the tests recommended in the Annex to the present resolution; or

2. 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, the NSI allows the following test to be performed, as an equivalent to the 5 knots installation test, to comply with SOLAS regulation III/17.3 for rescue boats and III/33.2 for davit-launched lifeboats on cargo ships of 20, 000 gross tonnage and upwards:

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.

Under the authority conferred by the provisions of: Ships Act, Article 5.2

Equivalent to the requirements of: Res. MSC.81(70) & MSC.1/Circ.1392

d) Conditional certificates in the absence of final stability booklets

SOLAS regulation II-1/5 and II-1/5-1 as well as the ILLC 1988 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 regulation II-1/5 on completion and prior delivery of the ship.

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 the NSI, issue a short-term International Load Line Certificate, valid for a maximum of 2 months, 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 regulation II-1/5.2.

• Preliminary stability booklet is approved by the RO;

• Inclining experiment/lightweight survey has been performed and approved by the RO;

• Approved preliminary stability booklet and approved inclining test report/lightweight survey report shall be placed on board; and

• Appropriate statutory recommendation or condition to be issued.

Under the authority conferred by the provisions of: Ships Act, Article 5.2

Exempted from or equivalent to the requirements of: SOLAS regulation II-1/5 & ILLC 1988 Protocol, regulation 10

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 regulation 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:

  1. Lightship particulars used in the approved preliminary stability booklet,

  2. Lightship particulars as obtained from the inclining experiment/lightweight survey,

  3. Deviation between item a. and b. for weight and center of gravities (LCG, TCG and VCG),

  4. 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; and

• Appropriate statutory recommendation or condition to be issued.

Under the authority conferred by the provisions of: Ships Act, Article 5.2

Exempted from or equivalent to the requirements of: SOLAS regulation II-1/5 & ILLC 1988 Protocol, regulation 10

1. Conversion/modification

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 regulation 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 regulation 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:

  1. Lightship particulars used in the approved stability booklet prior conversion/modification,

  2. Lightship particulars as obtained from the inclining experiment/lightweight survey after conversion/modification,

  3. Deviation between item a. and b. for weight and center of gravities (LCG, TCG and VCG),

  4. 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.

• Appropriate statutory recommendation or condition to be issued.

Under the authority conferred by the provisions of: Ships Act, Article 5.2

Exempted from or equivalent to the requirements of: SOLAS regulation II-1/5 & ILLC 1988 Protocol, regulation 10

e) Conditional International Energy Efficiency Certificate

When the initial survey procedure cannot be completed pending the final review of the Energy Efficiency Design Index (EEDI) technical file, the NSI allows for the issuance of a conditional/short-term International Energy Efficiency Certificate (IEEC).

Such a conditional/short-term IEEC may be valid for a maximum of 2 months, under the following conditions:

• All efforts shall be made to complete the final review of the EEDI technical file; and

• the review is expected to be completed within one month; and

• the necessary files and/or information were submitted by the owners in time.

The conditional/short-term IEEC shall state the following:

'The final attained EEDI and EEDI technical file have been submitted for verification. The verified technical file shall be placed on board and the validity of the conditional/short-term certificate is limited to 2 months.'

Under the authority conferred by the provisions of: Ships Act, Article 5.2

Exempted from or equivalent to the requirements of: MARPOL Annex VI, regulation 6.4

f) Ballast Water Management System (BWMS)

 

 

1. BWMS commissioning

Commissioning testing of ballast water management systems became mandatory for all ships, after a period of voluntary early implementation, as per Regulation E-1.1. The ballast water management system (BWMS) Code (and the G8 Guidelines) already required commissioning procedures and an installation survey, and with the amendments a biological test has been added. However, due to different reasons, non-compliances may occur. The most common non-compliances are included in this Instruction, as follows:

a. Unavailability of commissioning test report (and sampling results)

If all tests have been carried out successfully but the commissioning test report (and sampling results) has not been issued yet, a short term IBWMC in accordance with regulation D-2, may be issued for a period of not more than two months following the date of completion of the commissioning test provided that the following statutory recommendation is also being issued:

“Commissioning test report of the BWMS in accordance with BWM.2/Circ.70/Rev.1, paragraph 8 to be provided to the RO.”

Under the authority conferred by the provisions of: BWMC regulation E-1.7

Exempted from or equivalent to the requirements of: BWMC regulation D-2

b. Commissioning test not possible

If the commissioning test cannot be carried out due to the equipment’s System Design Limitations (for example low Ultraviolet transmittance (UVT)), or due to a shortage of independent personnel, a short term IBWMC, in accordance with regulation D-2, may be issued for a period of not more than two months following the date of completion of the technical commissioning by the manufacturer or his representative, provided the attending RO surveyor ensures the following:

• The attending RO surveyor is provided with arrangements for the commissioning test (e.g. date, time, location);
• The reasons for not carrying out the commissioning test are recorded in the Ballast Water Record Book;
• The technical commissioning by the manufacturer or his representative has been carried out successfully and the BWMS is operational in all aspects;
• All other  prerequisites of the BWMC (i.e. Ballast Water Management Plan, designated officer, familiarization of personnel with the equipment) are verified to be in compliance.

Under the authority conferred by the provisions of: BWMC regulation E-1.7

Exempted from or equivalent to the requirements of: BWMC regulation D-2

c. Commissioning test not successful

If the commissioning testing is not successful upon completion, the cause of the non-compliance has to be investigated. If the cause of non-compliance cannot readily be found, the ship may be issued with a short term IBWMC, in accordance with regulation D-1, for a period of no more than two months following the date of unsuccessful completion of the commissioning test, provided that the conditions as specified in ‘ItoRO no.7 item f) 2. BWMS malfunction’ have been met.

2. BWMS malfunction

In cases where the Ballast Water Management System (BWMS) is temporarily out of order while the vessel is required to comply with D-2 standard, all efforts must be made (using available spares, or through remote assistance) to make the system operational again. When this is not possible, spares and/or service must be arranged at the earliest possible opportunity. In order to allow the vessel to continue trading the NSI allows for the issuance of a conditional/short-term Ballast Water Management Certificate (BWMC). The following procedure applies:

According to IMO guidance circular on contingency measures BWM.2/Circ.62 the vessel must contact the port authority and flag state administration immediately to discuss contingency measures. Exchange may be offered as a contingency measure but cannot be performed without permission from the port authority and flag state. Also the vessel must obtain approval of the exchange method before proposing exchange as a contingency measure.

The exchange(s) shall be performed completely, B-4.3 of the BWMC (no deviation, no delay) is not applicable since the vessel has to comply with the D-2 standard.

The RO may issue a conditional/short-term BWMC, in order for the vessel to reach the first port where the non-compliance of the BWMS can be resolved, but not longer than two months, under the following conditions:

• All efforts shall be made to repair the BWMS as soon as possible

• All personnel with duties that are influenced by the malfunction shall be instructed about that malfunction and the hazards, risks and consequences arising from that malfunction

• Regulation D-1 (Ballast Water Exchange Standard) to be performed as per approved Ballast water management plan;

• Risks and Safety procedures for Ballast water exchange to be followed from Ballast Water Management Plan;

• Entries in the Ballast Water record book conform BWM Annex Section E Appendix II-3;

• The relevant port State authority shall be informed by the Master or his representative and must agree;

• Ballast operations limited to inboard ballast transfers as far as possible. Only the absolutely necessary ballast will be discharged.

Under the authority conferred by the provisions of: BWM convention, regulation E-1.7

Exempted from or equivalent to the requirements of: BWM convention, regulation D-2

 

g) (Simplified-) Voyage Data Recorder malfunctioning

In cases where the (Simplified-) Voyage Data Recorder ((S-)VDR) system is temporarily out of order while the vessel is required to comply with SOLAS regulation V/20, all efforts must be made to make the system operational again. When this is not possible, spares and/or service must be arranged at the earliest possible opportunity. In order to allow the vessel to continue sailing the NSI, based on SOLAS V/16.2, allows for the issuance of a conditional/short-term Cargo Ship Safety Certificate (CSSC) or Passenger Ship Safety Certificate (PSSC). The following procedure applies:

The RO may issue a conditional/short-term CSSC or PSSC, in order for the vessel to reach the first port where the non-compliance of the (S-)VDR can be resolved, but not longer than two months, under the following conditions:

• All efforts shall be made to repair (S-)VDR as soon as possible;

• A Risk Assessment to be prepared - its results have to be implemented on board

• All personnel with duties that are influenced by the malfunction shall be instructed about that malfunction and the hazards, risks and consequences arising from that malfunction

• The Master has to ensure that vessel movements are recorded in the vessels deck and engine logs, as far as reasonable and practicable;

• All orders and relevant navigational communication shall be recorded in the ship's logbook;

• Any occurances such as alarms are to be recorded/documented;

• Relevant safety and communication activities to be recorded/documented;

• Due to manual logging of information, additional bridge watches should be considered; especially when vessel is trading through congested waters and entering or leaving ports (as deemed necessary by Master);

• (if applicable) the ECDIS shall be used to store radar tracked target information, AIS and other appropriate data layers check, used to assist in route monitoring (during the previous 12 hours);

• The backed-up ECDIS data shall be retrieved every 12 hours on external drive (or other medium) for use in any casualty investigation;

• Pilots and relevant (port) authorities shall be informed by the Master or the officer in charge of the navigational watch on the defective equipment.

Under the authority conferred by the provisions of: SOLAS regulation V/16.2

Exempted from or equivalent to the requirements of: SOLAS regulation V/20

h) Radar malfunctioning

Subject exemption is only applicable in the event that two radars are mandatory. In this respect reference is made to SOLAS Chapter V in force prior to 01-07-2002 and after 01-07-2002.

In cases where a radar is temporarily out of order while the vessel is required to comply with SOLAS regulation V/19, all efforts must be made to make the system operational again. When this is not possible, spares and/or service must be arranged at the earliest possible opportunity. In order to allow the vessel to continue trading the NSI, based on SOLAS V/16.2, allows for the issuance of a conditional/short-term Cargo Ship Safety Certificate (CSSC) or Passenger Ship Safety Certificate (PSSC). The following procedure applies:

The RO may issue a conditional/short-term CSSC or PSSC, in order for the vessel to reach the first port where the non-compliance of the radar can be resolved, but not longer than two months, under the following conditions (tables for X- and S-band):

1. X-band radar malfunctioning

   • X-band radar to be repaired as soon as possible;

   • a suitable warning notice is to be placed on the bridge and the defective X-band radar should also be marked accordingly;

   • A Risk Assessment to be prepared - its results have to be implemented on board.

   • All personnel with duties that are influenced by the malfunction shall be instructed about that malfunction and the hazards, risks and consequences arising from that malfunction, this shall include the functional requirement of displaying the range and bearing of radar transponders as well as the operational limitations when compared with an S-band radar.

   • the ship's remaining radar is in (regular) good order (for operation);

   • the functional radar should be used with greater precaution;

   • position fixes should be made more often by using GPS and visual bearings;

   • all the other navigational equipment on board is in good working condition;

   • ship's crew involved in navigation to be duly informed by the Master about the defective radar before any departure.

   • the defective radar has to be taken into account in the Master's instructions to watchkeepers and in the voyage planning process;

   • additional lookouts are appointed when navigating in congested waters or during reduced visibility and other relevant sea passage (up to the Master);

   • pilots and relevant (port) authorities shall be informed by the Master or the officer in charge of the navigational watch on the defective equipment.

Under the authority conferred by the provisions of: SOLAS regulation V/16.2

Exempted from or equivalent to the requirements of: SOLAS regulation V/19.2.3.2

2. S-band radar malfunctioning

   • S-band radar to be repaired as soon as possible;

   • a suitable warning notice is to be placed on the bridge and the defective S-band radar should also be marked accordingly;

   • A Risk Assessment to be prepared - its results have to be implemented on board;.

   • All personnel with duties that are influenced by the malfunction shall be instructed about that malfunction and the hazards, risks and consequences arising from that malfunction

   • the ship's remaining X-Band radar is in (regular) good order (for operation);

   • the functional X-band radar should be used with greater precaution;

   • position fixes should be made more often by using GPS and visual bearings;

   • all the other navigational equipment on board is in good working condition;

   • ship's crew involved in navigation to be duly informed by the Master about the defective radar before any departure.

   • the defective radar has to be taken into account in the Master's instructions to watchkeepers and in the voyage planning process;

   • additional lookouts are appointed when navigating in congested waters or during reduced visibility and other relevant sea passage (up to the Master);

   • pilots and relevant (port) authorities shall be informed by the Master or the officer in charge of the navigational watch on the defective equipment.

Under the authority conferred by the provisions of: SOLAS regulation V/16.2

Exempted from or equivalent to the requirements of: SOLAS regulation V/19.2.7.1

i) Oil Water Separator (OWS) malfunctioning

In cases where the Oil Water Separator (OWS) (MARPOL Annex I, regulation 14) is temporary out of order, all efforts must be made (using available spares, or through remote assistance) to make the system operational again. When this is not possible, spares and/or service must be arranged at the earliest possible opportunity. In order to allow the vessel to continue trading, the NSI allows for the issuance of a conditional/short-term International Oil Pollution Prevention (IOPP) Certificate. The following procedure applies:

According to MARPOL Annex I, regulation 6.4.3, the master or the owner of the ship shall report at the earliest opportunity to the Administration, the recognized organization or the nominated surveyor responsible for issuing the relevant Certificate, who shall cause investigations to be initiated to determine whether a survey as required by paragraph 1 of this regulation is necessary. If the ship is in a port of another Party, the master or owner shall also report immediately to the appropriate authorities of the port State and the nominated surveyor or recognized organization shall ascertain that such report has been made.

The RO may issue a conditional/short-term IOPP Certificate, in order for the vessel to reach the first port where the non-compliance of the OWS can be resolved, but not longer than two months, under the following conditions:

• All efforts shall be made to repair the OWS as soon as possible;

• A Risk Assessment to be prepared - its results have to be implemented on board

• All personnel with duties that are influenced by the malfunction shall be instructed about that malfunction and the hazards, risks and consequences arising from that malfunction

• Sufficient storage capacity in holding tanks to store bilge to be confirmed for all voyages prior to departure from any port;

• Overboard valve of the OWS will be sealed and all will be collected in the designated holding tanks;

• Overboard discharge valve is kept closed;

• Master to declare that the valve is closed and locked/sealed;

• Any discharges if necessary will be made to designated reception facilities in accordance with MARPOL;

• Oil Record book to be updated accordingly;

• Relevant (port) authorities shall be informed by the Master or the shipowner regarding the defective equipment.

Under the authority conferred by the provisions of: MARPOL Annex I, regulation 6.4.3

Exempted from or equivalent to the requirements of: MARPOL Annex I, regulation 14

j) Temporarily suspension of UMS-notation

Several situations may occur resulting in the temporary suspension of the UMS-notation. In that case the following condition exists:

'Engine room to be manned 24/7, by officers in charge of an engineering watch that hold at least a valid Certificate of Competency issued in accordance with at least STCW Reg. III/1. Requirements regarding working and resting hours shall be met at all times as well as the requirements as set out in STCW Chapter VIII'

The temporarily situation may exist for a maximum of 2 months. In case the situation without UMS-notation takes more time, the shipowner shall submit a new manningplan to the NSI for approval.

The shipowner shall provide the RO with specific information concerning the repair of the defective equipment.

Relevant crewmembers shall be informed about the cause of UMS suspension as well as that sufficient mitigating measures shall be in place, so as to guarantee safe operation / good working conditions of the affected machinery / installations without any damage occurring.

The shipowner shall provide the RO with specific information concerning the defective equipment and the repair of the defective equipment, which shall be forwarded to the NSI accompanying the text as given in the Introduction of this Instruction.

k) Temporarily exemption for the speed and distance measuring device (through the water)

Subject exemption is only applicable in the event that a speed and distance measuring device to indicate speed and distance through the water is required. Ships, having an exemption for Automatic Radar Plotting Aids (ARPA), may be exempted from the requirement to carry a speed and distance measuring device to indicate speed and distance through the water as per SOLAS regulation V/19.2.3.4.

In cases where a such a device is temporary out of order while the vessel is required to comply with SOLAS regulation V/19.2.3.4, there are two situations possible:

1. Ship is equipped with a retractable transduces (a trunk and chest valve); and

2. Ship equipped with a non-retractable transducer (fixed installation without valve)

All efforts must be made to make the system operational again. When this is not possible, spares and/or service must be arranged at the earliest possible opportunity. In order to allow the ship to continue trading the NSI, based on SOLAS V/16.2, allows for the issuance of a conditional/short-term Cargo Ship Safety Certificate (CSSC) or Passenger Ship Safety Certificate (PSSC).

Note for all temporary exemptions: If, for any reason, an unscheduled dry docking takes place earlier than the scheduled dry docking / bottom survey, repair of the speed log shall take place at this unscheduled dry docking.

The following procedure(s) applies:

1. Ships equipped with a retractable transducer (trunk and chest-valve)

If the ship is equipped with a transducer situated under a chest-valve, making it possible to replace or repair the log without the need for a dry dock, repairs shall take place as soon as practically possible* and a temporary exemption will be issued for a maximum period of 4 weeks. During this period, the following conditions exists:

1. Awareness for navigating officers, as well as any pilots on board, referring to lack of speed and distance through the water information shall be ensured;

2. Effect on ARPA/ATA and reliability of target acquisitioning to be taken into account (i.e. the radar mode 'TRUE VECTORS' and 'TRIAL MANOEUVRE' are not to be used for evaluating navigation situations and / or collision avoidance situations);

3. On ships where ARPA/ATA is a mandatory requirement, navigating officers shall determine an estimated speed through the water at least once every watch and whenever necessary according to safe navigation practices;

4. Obligation of the master to report failure of SOLAS equipment requirement malfunction under EU directive (reporting obligations) and Port State Control; and

5. Clearly mark the equipment as being inoperative.

Under the authority conferred by the provisions of: SOLAS regulation V/16.2

Exempted from or equivalent to the requirements of: SOLAS regulation V/19.2.3.4

2. Ships equipped with a non-retractable transducer (fixed installation without valve)

If the ship is equipped with a fixed non- retractable system, consequently a dry-dock or, alternatively, a diving underwater repair company shall be involved. In this case a temporary exemption may be granted until repairs can take place, taking the following into account:

a. Underwater repairs are possible (the log technical specifications indicate the possibility of underwater repairs):

If an underwater repair company is available and capable of repairing the log in water, this shall be done as soon as practically possible. All safety precautions, including port- or terminal restrictions shall be adhered to. If an underwater repair company is not available an exemption may be granted until the ship reaches a port where this facility is available. During this period, the following conditions exists:

1. Awareness for navigating officers, as well as any pilots on board, referring to lack of speed and distance through the water information shall be ensured;

2. Effect on ARPA/ATA and reliability of target acquisitioning to be taken into account (i.e. the radar mode 'TRUE VECTORS' and 'TRIAL MANOEUVRE' are not to be used for evaluating navigation situations and / or collision avoidance situations);

3. On ships where ARPA/ATA is a mandatory requirement, navigating officers shall determine an estimated speed through the water at least once every watch and whenever necessary according to safe navigation practices;

4. Obligation of the master to report failure of SOLAS equipment requirement malfunction under EU directive (reporting obligations) and Port State Control; and

5. Clearly mark the equipment as being inoperative.

Under the authority conferred by the provisions of: SOLAS regulation V/16.2

Exempted from or equivalent to the requirements of: SOLAS regulation V/19.2.3.4

b. Underwater repairs are impossible and a dry-dock visit is necessary for the repair:

1. If a scheduled dry docking, part of an intermediate or renewal survey (safety construction, outside bottom survey) is planned within 6 months;

a temporary exemption shall will be granted until the survey, including the repairs, take place. Inherent to these outstanding repair works, the intermediate scheduled bottom survey can no longer be executed in-water. During this period, the following conditions exists:

1. Awareness for navigating officers, as well as any pilots on board, referring to lack of speed and distance through the water information shall be ensured;

2. Effect on ARPA/ATA and reliability of target acquisitioning to be taken into account (i.e. the radar mode 'TRUE VECTORS' and 'TRIAL MANOEUVRE' are not to be used for evaluating navigation situations and / or collision avoidance situations);

3. On ships where ARPA/ATA is a mandatory requirement, navigating officers shall determine an estimated speed through the water at least once every watch and whenever necessary according to safe navigation practices;

4. Obligation of the master to report failure of SOLAS equipment requirement malfunction under EU directive (reporting obligations) and Port State Control;

5. Clearly mark the equipment as being inoperative; and

6. During the temporary exemption the vessels' GPS shall at all times provide speed and distance (over the ground) input signals to the ships' automatic radar plotting aid (ARPA or ATA) throughout the course of each voyage.

Under the authority conferred by the provisions of: SOLAS regulation V/16.2

Exempted from or equivalent to the requirements of: SOLAS regulation V/19.2.3.4

2. If a scheduled dry docking, part of an intermediate or renewal survey (safety construction, outside bottom survey) is scheduled more than 6 months from the date of malfunction;

a temporary exemption shall will be granted until the survey, including the repairs, take place. Inherent to these outstanding repair works, the intermediate scheduled bottom survey can no longer be executed in-water. During this period, the following conditions exists:

1. Awareness for navigating officers, as well as any pilots on board, referring to lack of speed and distance through the water information shall be ensured;

2. Effect on ARPA/ATA and reliability of target acquisitioning to be taken into account (i.e. the radar mode 'TRUE VECTORS' and 'TRIAL MANOEUVRE' are not to be used for evaluating navigation situations and / or collision avoidance situations);

3. On ships where ARPA/ATA is a mandatory requirement, navigating officers shall determine an estimated speed through the water at least once every watch and whenever necessary according to safe navigation practices;

4. Obligation of the master to report failure of SOLAS equipment requirement malfunction under EU directive (reporting obligations) and Port State Control;

5. Clearly mark the equipment as being inoperative; and

6. During the temporary exemption the vessels' GPS shall at all times provide speed and distance (over the ground) input signals to the ships' automatic radar plotting aid (ARPA or ATA) throughout the course of each voyage.

7. the administration shall be informed with all relevant technical details regarding the speed log concerned. This information shall specifically contain details of previous attempts made to repair the equipment including underwater repair possibilities.

Under the authority conferred by the provisions of: SOLAS regulation V/16.2

Exempted from or equivalent to the requirements of: SOLAS regulation V/19.2.3.4

• Informatietype: Informatie voor uitvoering
• Documentsoort: Werkinstructie
• Is belangrijk: Ja
• Toegangsrechten: Intern
• Identificatie: PUC_1186_14
• Versie: 9
• Datum beschikbaarheid: 20-10-2022
• Geldigheid van: 21-10-2022
• tot en met: 16-11-2022
• Wijzigingsdatum: 08-12-2022
• Titel: ItoRO no. 07 - Exemptions permitted to be issued by the Recognized Organization without prior consultation of the NSI
• Organisatie: Inspectie Leefomgeving en Transport
• Taal: Engels
• Werkinstructie: 7
• Onderwerp: Veiligheid / Safety; Milieu / Environment; Erkende organisaties / Recognised Organisations
• Hoofdtaak: Koopvaardij / Merchant Shipping
• Thema: Zeevaart / Seagoing ships / Instructions to ROs / National Instruments (Instructions) / National Instructions