Bulletin No.: 12/1986

Date (Y-M-D): 1986-07-18
 

Subject: Application of Rule 1 (E) and the Exemption Provisions of Rule 38

1 Introduction

1.1 The following guidelines have been developed to inform interested persons of the measures that will be taken to ensure compliance with Rules 1 (e) and 38 of the Collision Regulations.

Number, Position, Range or Arc of Visibility of Navigation Lights and The Disposition and Characteristics of Sound Signalling Appliances

1 Collision Regulations - application of Rule 1 (e) and the exemption provisions of Rule 38

1.1 New Vessels

1.1.1 Where a new vessel cannot comply fully with the provisions of the Collision Regulations with respect to the number, position, range or arc of visibility of its navigation lights, or the disposition and characteristics of sound-signalling appliances it will require an equivalency granting a permanent exemption.

1.1.2 Such an equivalency can only be granted to a vessel of special construction or purpose "that cannot comply fully with the provisions of any of these Rules".

1.1.3 A request for an equivalency should be made by the proponent to the Regional Manager Ship Safety (RMSS ) early in the design stage of the vessel.

1.1.4 The Regional office will determine the equivalent measures that are the closest possible compliance with the Rules and discuss these measures with the proponent.

1.1.5 Approval of these equivalent measures will be recorded on form 84-0147 "Application Certificate for Exemption or for Equivalent". The white copy of this completed form is to be placed on board the vessel to show that a formal determination has been made on behalf of the Government of Canada.

1.2 Existing Vessels

1.2.1 Rule 38 describes the phasing-in of some of the provisions of the Annexes for up to 9 years, and in some cases grants permanent exemptions. The 9 year phase-in provisions described in paragraphs (d) (ii), (e), (f) and (g) will expire on 14 July 1986 for vessels that are not solely engaged on inland voyages. For vessels which are solely engaged on inland voyages the expiry date has been extended to 28 February 1992.

1.2.2 Some vessels may still not meet the provisions of the Collision Regulations with respect to the number, position, range or arc of visibility of navigation lights or the disposition and characteristics of sound-signalling appliances.

1.2.3 When a vessel is inspected for a safety certificate after 14 July 1986 (28 February 1992 in the case of a vessel engaged solely on inland voyages), the vessel must comply with the Collision Regulations.

1.2.4 Where a vessel does not comply with the Regulations, and it can be readily determined that Rule 1 (e) applies because the vessel is of special construction or purpose and compliance would interfere with the special function of the vessel, that vessel will be issued with an inspection certificate. Such certificate will confirm that the ship complies with the Rules and form 84-0147 will not be required.

1.2.5 Where a vessel does not comply with the Regulations, and it cannot be readily determined whether the vessel may be exempted under Rule 1 (e), an inspection certificate may be issued and the master or other responsible person will also be given an S.I.7 form. This form shall state that "[the navigation lights] [the sound-signalling appliances] do not comply with the Collision Regulations and the Coast Guard Regional Ship Safety Office shall be contacted as soon as possible to determine whether Rule 1 (e) may apply and an equivalency might be granted".

1.2.6 Where it is subsequently determined that an equivalency may be granted the inspection certificate will serve as proof of compliance as in paragraph 1.2.4.

1.2.7 Where a vessel does not comply with the Regulations, and it is determined that the vessel is not of special construction or purpose, or it has been determined that the vessel cannot be granted an equivalency as described in paragraph 1.2.5, an inspection certificate may be issued and the master or other responsible person will be given an S.I.7 form. This form shall state that "[the -navigation lights] [the sound-signalling appliances] do not comply with the Collision Regulations and shall be brought into compliance as soon as practicable at the next refit or drydocking, whichever comes first, but in no case later than 14 January 1987."

1.3 Unscheduled Inspection of Navigation Lights

1.3.1 An owner may request the Regional Ship Safety office to conduct an unscheduled inspection of a vessel's navigation lights if concerned that those lights may not comply with the Rules.

1.3.2 Where a vessel does not comply with the Regulations, and it is determined that Rule 1 (e) applies because the vessel is of special construction or purpose and can be granted an equivalency, that vessel will be issued with form 84-0147 as described in paragraph 1.1.5. This form shall be kept on board to show the steamship inspector at the vessel's next inspection that a formal determination has been made.

1.3.3 Where a vessel does not comply with the Regulations, and it is determined that the vessel is not of special construction or purpose and cannot be granted an equivalency, the master or other responsible person will be given an S.I.7 form as described in paragraph 1.2.7.

1.3.4 In cases where a number of vessels have been built to the same drawings the determination made for one of these identical vessels will be valid for the other vessels within the group. Forms 84-0147 and S.I.7 will list all vessels within the group and the owner is responsible for ensuring that a copy of these forms is placed onboard each vessel within the group.

1.4 Other Authorities

1.4.1 Documents from a classification society or an administration, issued after 14 July 1986, stating that the navigation lights or sound-signalling appliances on a non-Canadian ship are in accordance with the provisions of the Collision Regulations, may be accepted unless there are grounds for believing that the navigation lights and/or sound-signalling appliances do not correspond substantially with the particulars of that document.

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