26                         MANNING and PERSONNEL CERTIFICATION

26. 1.                HOURS OF WORK

26.1.1                 Principles of Safe Manning

                        IMO Resolution A.890(21) adopted on the 25 th November 1999 defines the principles of Safe Manning to ensure the safe operation of and prevention of pollution from ships to which the Convention applies. Convention 180 of the International Labour Organisation (ILO) (Seafarer's hours of work and the manning of ships) came into force on the 10 th January 2003 and applies to all commercially operated vessels.  

                        The underlying principles of safe manning are considered to extend to Large Yachts within the context of the Code. In this respect an Administration may choose to adopt these arrangements in full, modify these arrangements to meet particular operational circumstances.

                        All sea going commercially operated yachts and sail training vessels of more than 24 metres Load Line Length should carry an appropriate number of qualified Deck and Engineer Officers together with a sufficient number of qualified Yacht Ratings to ensure a degree of safety at least equivalent to that established by the IMO guidelines.

26.1.2               Application and Definitions

                        These guidelines apply to all "seafarers employed or engaged in any capacity on board every commercially operated large yacht".

                        The term "seafarer", is defined as a person employed or engaged in any capacity on the vessel and should be taken to mean any person employed either directly by a owner/operator or through a manning agency, whose usual place of work is on the vessel and includes the master, officers, crew members, and catering, salon and hotel staff.

26.1.3               Responsibility

                            Fatigue at sea is a serious safety issue and owners and operators should ensure that all vessels are sufficiently manned to avoid the need to work excessive hours. The owner/operator and the Master are responsible for ensuring, so far as is reasonably practicable, that the Master and all the crew members are properly rested when they begin work and can obtain adequate rest when not on duty.

                        The owner/operator should ensure that the necessary resources are available to man the vessel so that the limits on hours can be observed. The master is responsible for ensuring compliance with the requirements.

                        It is also the responsibility of all seafarers to ensure that they are properly rested when they begin duty on the vessel and that they obtain adequate rest when not on duty.

26.1.4               Definition of Hours of Work  

                        For the purposes of guidance 'work' is when seafarers are carrying out their activities or duties.

26.1.5               On-Call Time

                        Where a seafarer's normal period of rest on board a vessel is disturbed by a callout he/she should have adequate compensatory rest.

26.1.6               Minimum Hours of Rest

                        The owner/operator or Master should ensure that the crew are provided with at least the minimum hours of rest. These should not be less than:

                            a) ten hours in any 24-hour period; and

                            b) 77 hours in any seven-day period.

                        Hours of rest may be divided into no more than 2 periods; one of which should be at least 6 hours long, and the interval in between should not exceed 14 hours.

                        It is expected that as far as practicable the Master will arrange for conducting emergency drills such as musters, fire-fighting and abandon vessel drills in a way which minimises the disturbance to rest periods and provide compensatory rest for seafarers whose normal rest is disturbed by call-outs for drills.

26.1.7        Exceptions to the Limits on Hours of Rest

                        The limits defined should as far as practicable be observed. However, an Administration may consider exceptions so long as they are agreed between the Master and crew members, and provided that their health and safety, and the safety of the vessel, is not compromised.

                        When considering whether an exception is appropriate the Master should give due regard to the associated duties being considered and in this respect exceptions to persons undertaking watch keeping duties and/or with safety critical duties would not be considered appropriate.

                        In allowing any such agreed exception and to ensure that a crew member does not become fatigued such exceptions shall be documented and accompanied by commensurate rest arrangements.

26.1.8               Schedule of Duties

                        The Master should ensure that a schedule of duties is drawn up setting out the hours of work and rest periods for each of the crew. It is recommended that the table or schedule should be in a similar format to that detailed in Annex A, and show:

•  the schedule of duties at sea and duties in port; and

•  the minimum hours of rest as defined by the guidelines.

                        In devising the schedule, operators should take account of factors such as:

                        a)                     nature of the operation;

                        b)         type and size of vessel;

                        c)         construction and technical equipment of the vessel;

                        d)         manning levels and changes in crew numbers due to crew changes and sickness;

                        e)         the maximum period of continuous watchkeeping;

                        f) minimum rest periods;

                        g)         total workload;

                        h) compliance with the ISPS Code as applicable;

                        i)   the seriousness of irregular working hours and their contribution to causing fatigue and the importance of scheduling reasonably stable working hours.  

                        Changes should not be made to the schedule of duties unless they can be justified by substantially altered work patterns or other significant factor.

                        Where it is known that a vessel engages in an irregular pattern or that working hours are unlikely to be uniform, this can be taken into account when considering the schedule.

                        It is not necessary to draw up a new schedule of duties for each voyage, so long as it is applicable to the voyage in question and the composition of the crew for whom it was originally intended has not changed.

                        A copy of the schedule should be made available to all members of the crew.

26.1.9                 Exceptions for Emergencies

                        Situations may arise in which a seafarer may be required to work during scheduled hours of rest. These include emergencies which threaten the safety of the vessel or put life at risk. In these circumstances, the limits may be exceeded provided compensatory arrangements are subsequently made to avoid fatigue.

26.1.10             Records

                        The master or authorised person is responsible for ensuring that records of hours of rest are maintained for each of the crew serving on the vessel. The records should be completed monthly in arrears. These may be in the format detailed in Annex B or an equivalent format. Each record should be endorsed by the master or authorised person and the seafarer. A copy should be retained by the seafarer.

                        In an emergency, or when unforeseen events occur, changes may be unavoidable. In these cases records should reflect all deviations from the schedule.

                        All records should be kept for a minimum of 12 months and should be available for inspection by the flag administration surveyors at any time. Checking the vessels records may be carried out by the flag administration as part of the normal routine of vessel inspection and will include a check that the appropriate schedules are available and records maintained.

26.2.                 SAFE MANNING

26. 2.1               Introduction

                        An Administration should ensure that all vessels are safely and sufficiently manned in relation to the nature of their operation with the responsibilities placed on companies owning or operating seagoing vessels, to ensure that their vessels are manned with personnel of appropriate grades who have been properly trained and certificated.   The numbers of certificated officers and certificated and non-certificated ratings must be sufficient to ensure safe and efficient operation of the vessel at all times.   

                        The Guidelines place a duty on the owner or operator to provide the master of a vessel with the necessary resources to comply with the manning requirements.

26.2.2              Responsibilities of Owners and Operators: General Principles

                        In fulfilling their responsibility to ensure that vessels are safely and sufficiently manned owners and operators should:

                        .1   make an assessment of the tasks, duties and responsibilities of the vessel's complement required for its safe operation, for the protection of the marine environment and dealing with emergency situations;

                        .2   assess the numbers and grades/capacities in the vessel's complement required for the safe operation and for the protection of the environment, and for dealing with emergency situations, including the evacuation of passengers where applicable;

                        .4   ensure that the manning level is adequate at all times and in all respects, including meeting peak workloads;

                        .5   in case of changes in the nature of the operation, operational area, construction, machinery, equipment or maintenance of the vessel, which may affect the manning level, review the manning level.

                        In conjunction with these factors the owner or operator should: -

                        .6   identify all the functions to be undertaken on board during a representative voyage or operational period, including determination of the number of crew required to undertake the relevant tasks and duties under both peak and routine work load conditions;

                        .7   identify those functions that constitute a normal operation and determine the numbers of crew required to undertake the concurrent tasks and duties safely;

                        .8   identify the skills and experience required to perform those functions;

                        .9   establish working arrangements to ensure that the master and crew are capable of undertaking concurrent and continuing operations at the appropriate level(s) of responsibility, as specified, with respect to their skills and training; and

                        .10        ensure that the working arrangements allow for sufficient rest periods to avoid fatigue;

26.2.3               Establishing Safe Manning Requirements

                        Specific factors to be taken into account in determining the safe manning level may include:

                        .1   frequency of port calls, length and nature of the voyage;

                        .2   operating area(s), waters and type of operations in which the vessel or vessel is involved and any special requirements of the operation;

                            .3      number, size (kW) and type of main propulsion units and auxiliaries;

                        .4   size, type of vessel, equipment and layout;

                        .5   construction and technical equipment of vessel;

                            .6      method of maintenance;

                        .7   how the proposed complement will deal with various emergency situations that may arise;

                            .9      navigational duties and responsibilities as required by STCW 95 including the following to:

                        .1   plan and conduct of safe navigation;

                        .2   maintain a safe navigational watch;

                        .3   manoeuvre and handle the vessel in all conditions and during all operations;

                        .4   safely moor and unmoor the vessel; and

                        .5   maintain safety whilst in port.

.10                    Vessel specific operations:

                        .1   the nature and duration of the operation(s) the vessel undertakes and local environmental conditions.

.11                    Vessel operations and care for persons onboard, and maintaining life-saving, fire-fighting and other safety systems in operational condition:

                        .1   maintain the safety and security of all persons on board and keep life saving, fire fighting and other safety systems in operational condition, including the ability to muster and disembark passengers and non-essential personnel;

                        .2   operate and maintain watertight closing arrangements;

                        .3   perform operations necessary to protect the marine environment;

                        .4   provide medical care on board;

                        .5   undertake administrative tasks required for the safe operation of the vessel; and

                        .6   participation in mandatory safety drills and exercises.

.12                    Marine engineering tasks and duties:

                        .1   operate and monitor the vessel's main propulsion and auxiliary machinery;

                        .2   maintain a safe engineering watch;

                        .3   manage and perform fuel and ballast operations; and

                        .4   maintain vessel's engine equipment, system and services.

.13                    Electrical, electronic and control engineering duties:

                        .1   operate vessel's electrical and electronic equipment; and

                            .2      maintain vessel's electric and electronic systems.

.14                    Radio communications:

                        .1   transmit and receive information using vessel communication equipment;

                        .2   maintain safe radio watch;

                        .3   provide communications in emergencies.

.15                    Maintenance and repair:

                        .1   carry out maintenance and repair work to the vessel and its machinery, equipment and systems, as appropriate to the method of maintenance and the repair system used.

.16                    .1   Fulfil obligations and requirements of the ISPS Code as applicable:         

26.2.4               Guidance on Appropriate Manning Levels

                        In determining what constitutes a minimum safe manning level, useful guidance may also be obtained by use of risk and hazard management tools such as formal safety assessment. The minimum safe manning levels should be those required for all reasonably foreseeable circumstances and working conditions to permit the safe operation of the vessel under normal operational conditions.

                        The tables in Sections 26.2.8 and 26.2.9. provide guidance on the numbers of certificated deck and engineer officers, and ratings that may be considered appropriate to different sizes of vessels and tonnages.

26.2.5               Safe Manning Document

                        SOLAS requires that vessels over 500gt, excluding pleasure yachts not engaged in trade, to carry a Safe Manning Document. Owners and operators of vessels below 500gt or those above 500gt solely engaged for pleasure may also choose to hold a Safe Manning Document in accordance with the Tables at Section 26.2.8 and 26.2.9. This will allow the owner to consider a 'range and risk' approach when determining manning levels.

26.2.6               Application for a Safe Manning Document

                        Any application for a Safe Manning Document should be made by the owner, or a person authorised to act on their behalf, to the flag Administration of the vessel and include a clear and concise explanation of how: -

                        .1   the proposed manning level has been determined;

                        .2   it takes account of the guidance; and

                        .3   it takes account of the hours of work provisions.

                        A proposal should only be approved and Safe Manning Document issued provided the manning level fully satisfies these principles, recommendations and guidelines.

                        When the manning level has been agreed a Safe Manning Document should be issued for that vessel in a format which complies with the requirements of SOLAS, as amended. It should be retained on board and be available for inspection by an authorised person, whenever required.

                        In the event of any change in equipment, construction or use of the vessel, which may affect the safe manning level, the owner or operator should make an application for the issue of a new Safe Manning Document.

                        A Safe Manning Document of a vessel may be withdrawn if an owner or operator fails to submit a new proposal where a vessel changes trading area(s), construction, machinery or equipment, or operation and/or method of maintenance have changed, or a vessel persistently fails to comply with the rest hours requirements.

26. 2.7               Indicative Manning Levels

                        The owner/operators or managing agent of all seagoing yachts of more than 24 metres Load Line Length must ensure that personnel required for the safe operation of the vessel have recent and relevant experience of the type and size of vessel, and the type of operation in which it is engaged.

                        This Section includes indicative manning levels for vessels of 24 metres of more in load line length. The owner/operators of vessels of vessels below 500gt or those above 500gt solely engaged for pleasure may find it advantageous to hold a Safe Manning Document.

                        In addition to the Tables specific submissions may be considered from owners and operators of vessels, including those less than 500gt, seeking a varied safe manning document based on a range and risk approach to safe manning with the flexibility to reduce the manning level taking into account, for example a limiting operating area(s) or parameters, and levels of automation.

26.2.8    MANNING SCALE FOR MOTOR YACHTS 24m OR MORE IN LENGTH AND UNDER 3000GT

  26. 2.9    MANNING SCALE FOR SAILING YACHTS 24m OR MORE IN LENGTH AND UNDER 500GT

                      1 may be dual role engineer position other than the master but in which case a second rating should be carried.

                                    2 maybe dual role engineer position other than the master.

              3 maybe dual role engineer position other than the master in which case a third rating should be carried.

                        4    additional ratings maybe required for operation of the rigging.

26.3        DECK OFFICER QUALIFICATIONS

26.3.1     Introduction

                        Masters and deck officers serving in all commercial yachts and sail training vessels of 24 metres or more in Load Line length must be appropriately qualified to the satisfaction of the administration. A certificate structure has been developed for commercial yachts and sail training vessels of less than 3000gt and is detailed below.   Specific details relating to application

                        The administration may also choose to consider relevant STCW 95 certificates of competency (CoC) or endorsements as equivalency arrangement.

26.3.2               Certificate Structure for Commercial yachts of less than 3000gt

                        Certificates of competency should detail any area limitations and be issued at either management (Master and Chief Mate), or operational (Watchkeeping Officer) level.

The certificates of competency (CoC) limited to yachts are:

26.3.3               Eligibility Requirements

                        A candidate's eligibility for a certificate of competency depends on fulfilling yacht service requirements and meeting the relevant competency level for issue of that certificate.

                        Qualifying yacht service for any Deck Officer (Yacht) certificate of competency must be performed in the deck department and is reckoned from the date of engagement to the date of discharge.   Candidates who have served in a dual engine and deck capacity may have their service counted at the rate of 50%

                        Qualifying service may be evidenced by:

•  Merchant navy discharge book; or

•  Certificates of discharge; or

•  Yachtsmen service record Book; or

•  Similar document approved by the administration.

                         Additionally, signed testimonials from masters, owners, or superintendents covering character, standards of behaviour including sobriety, experience, ability and good conduct at sea should be submitted.

26.3.4               Medical Standards

                        All candidates for any certificate of competency must meet the medical fitness and eyesight standards as required by the STCW 95 and hold a valid medical fitness certificate issued by a medical practitioner approved by the administration. The medical fitness certificates must specify the date of examination and the period of validity.

26.3.5                  Entry and Examination Requirements

26.3.5.1            M aster, (Yachts, less than 200gt, not more than 150 miles from safe haven),    Officer of the Watch (Yachts, less than 500gt not more than 150 miles from safe haven):

                            To qualify for this certificate the candidate should hold an administration approved qualification such as a Yachtmaster (Offshore) and complete:

•  the four element STCW 95 basic training:

Personal Survival Techniques - (STCW A-VI/1-1);

Fire Fighting and Fire Prevention - (STCW A-VI/1-2);

Elementary First Aid - (STCW A-VI/1-3);

Personal Safety and Social Responsibilities - (STCW   AVI/1-4); and

•    Pass an Administration approved examination which may be oral or written.

                        The 150 miles from safe haven limitation on the certificate detailed above may be raised to the unlimited area on completion of an administration recognised qualification such as a Yachtmaster (Ocean) without further examination.

26.3.5.2            Master, (Yachts, less than 200gt, unlimited area), Officer of the Watch (Yachts, less than 500gt unlimited):

                        To qualify for this certificate the candidate should hold an administration approved qualification such as a Yachtmaster (Ocean) or equivalent) and complete:

•  Have successfully completed the four element STCW 95 basic training:

•  Personal Survival Techniques - (STCW A-VI/1-1);

•  Fire Fighting and Fire Prevention - (STCW A-VI/1-2);

•  Elementary First Aid - (STCW A-VI/1-3);

•  Personal Safety and Social Responsibilities - (STCW   AVI/1-4); and

•        Pass an Administration approved examination which may be oral or written.

26.3.5.3            Master (Yachts, less than 200gt, not more than 150 miles from safe haven), Officer of the Watch (Yachts, less than 3000gt unlimited):

                        To qualify for issue of this certificate a candidate must:

•  Have attained the age of19 years;

•  Have a minimum of 36 months service (over the age of 16) in vessels of 15 metres or over in Load Line length;

•  Provide proof of attendance and successful completion of an approved shore-based Yachtmaster (Offshore) course or equivalent ;

•  Hold a Yachtmaster (Offshore) Certificate of Competency;

•  Have completed an approved Training Record Book;

•  Have successfully completed the four element STCW 95 basic training:

•  Personal Survival Techniques - (STCW A-VI/1-1);

•  Fire Fighting and Fire Prevention - (STCW A-VI/1-2);

•  Elementary First Aid - (STCW A-VI/1-3);

•  Personal Safety and Social Responsibilities - (STCW   AVI/1-4);

•  Hold an approved Certificate of Proficiency in Survival Craft and Rescue Boats (CPSB&RB), (STCW A-VI/2-1);

•  Hold an accepted GMDSS, General Operator Certificate;

•  Have undergone appropriate Navigation and Radar training and examination for (OOW, Yachts);

•  Have undergone appropriate General Ship Knowledge training and examination for (OOW, Yachts); and

•  Pass an Administration examination which may be oral or written.

26.3.5.4            Master (Yachts, less than 200gt unlimited), Chief Mate (Yachts, less than 3000gt):

                        To qualify for issue of this certificate a candidate must hold of an OOW (Yachts, less than 3000gt) certificate of competency and hold:

•  An approved Certificate of Training in Advanced Fire Fighting - (STCW   A-VI/3);

•  An approved Certificate of Proficiency in Medical First Aid (STCW A-VI/4-1);

•  Provide proof of attendance and successful completion of an approved shore-based Yachtmaster (Ocean); and

•  Hold a Yachtmaster (Ocean) Certificate of Competency.

26.3.5.5            Master (Yachts, less than 500gt) :

                          To qualify for issue of this certificate a candidate must:

•  Have attained the age of 21 years;

•  Have a minimum of 12 months service as a bridge watchkeeper on vessels 15 metres or more in Load Line length whilst holding an Officer of the Watch (Yachts, less than 3000gt) or other acceptable equivalent qualification;

•  Meet the minimum requirements to serve as Chief Mate (Yacht);

•  Hold a certificate of Proficiency for Person in Charge of Medical Care on Board Ship (STCW A-VI/4-2);

•  Have undergone appropriate Seamanship and Meteorology   training and examination for (Master, Yachts);

•  Have undergone appropriate Navigation and Radar   training and examination for (Master, Yachts);

•  Have undergone appropriate Business and Law training and examination for (Master, Yachts);

•  Have undergone appropriate Stability   training and examination for (Master, Yachts) and

•  Pass an Administration examination which may be oral or written.

26.3.5.6            Master (Yachts, less than 3000gt):

                        To qualify for issue of this certificate a candidate must:

•  Have attained the age of 23 years;

•  Have a minimum of 24 months yacht service as Bridge Watchkeeper, on vessels 15 metres or more in load line length, including 12 months on vessels 24 metres or more in length, or 6 months on vessels 500gt or more, whilst holding a Officer of the Watch (Yachts, less than 3000gt) and hold a Master (Yachts, less than 500gt) certificate of competency; or have successfully completed the above sea service and all the education and training required for issue of Master less than 500gt (Yachts);

•  Hold a valid certificate of Proficiency for Person in Charge of Medical Care on Board Ship (STCW A-VI/4-2); and

•  Pass an Administration approved examination which may be oral or written.

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