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Chapter 1 General Provisions
Article 1
These Regulations are enacted in accordance with Paragraph 7, Article 50, of the Telecommunications Management Act(hereinafter referred to as this Act).
Article 2
The administration of ship radio stations shall be prescribed in accordance with the provisions of these Regulations. The matters not stipulated in this Regulations shall be prescribed in accordance with other laws or regulations or with reference to the provisions of the International Radio Regulations and the International Convention for the Safety of Life at Sea.
Article 3
The terms used in these Regulations are defined as follows:
1. Ship radio station refers to the transmitting or receiving radio equipment or automatic distress alert equipment installed on board for communications.
2. Distress communications refers to communications related to immediate danger, such as fire, explosions, flooding, collision, stranding, capsizing, sinking, out-of-control drifting, armed attack, other maritime disasters, abandoning the ship, performing and coordinating search and rescue, or individuals falling overboard, etc.
3. Emergency communications refers to communications related to emergencies, such as ship mechanical failure, loss of cargo, medical assistance or severely blocked navigation.
4. Safety communications refers to communications related to navigation safety such as meteorology, hydrology, visibility, drifting objects, etc. during sailing.
5. Maritime mobile service identity refers to that being used in maritime mobile service and satellite maritime mobile service as the identifier of the unique identification of ship radio station, ship earth station, coast station, coast earth station or other stations in accordance with the Radio Regulations of International Telecommunications Union.
Article 4
Ship radio stations shall be categorized as follows:
1. Ship radio stations for Global Maritime Distress and Safety Systems;
2. Ship radio stations for Non-Global Maritime Distress and Safety Systems.
The ship captain shall be in charge of the ship radio station.
Article 5
The communications and related electronic operations of a ship radio station shall be conducted by seafarers certified by the competent authorities, in charge of navigation careers, with expertise in ship radio communications.
One seafarer as designated by the captain shall be hold primary responsibility for radio communications while a ship is in distress. The radio logbooks shall be maintained for entering all detailed operations.
Article 6
The performance standard and the installation of the ship radio station shall conform to the relevant requirements of the Part Seven of the Ship Equipment Regulations.
Chapter 2 Ship Radio Communications
Article 7
VHF radiotelephone communications shall not be operated while the ship is in the port except in the following circumstances:
1. In case of an emergency, in which the ship radio station must communicate with the coast station or port station and there are no other means to communicate;
2. As required by inspectors;
3. Using only the receiver of the radiotelephone.
Article 8
The priority of operations for the ship radio communications shall be as follows:
Distress communications;
Emergency communications;
Safety communications;
Communications for radio navigation and positioning;
Communications for navigational safety relating to search and rescue operations being undertaken by aircraft.
Communications relating to the navigation and movement of ships, and weather observations destined for an official meteorological service.
Other communications.
Article 9
The transmission for distress calls and communications, emergency calls and communications, as well as messages pertaining to emergency positioning-indicating radio beacons of the ship radio station shall be conducted under the instruction of the captain or his designated representative.
Article 10
While at sea, the ship shall maintain continuous observation in accordance with the following:
Observation on VHF DSC channel 70, if the ship is fitted with a VHF radio installation and, where practicable, on the radiotelephone distress frequency VHF channel 16, and VHF channel 13 relating to navigation safety;
Observation on the distress and safety DSC frequency 2187.5 kHz, if the ship is fitted with an MF radio installation;
Observation on the distress and safety DSC frequencies 2187.5 kHz and 8414.5 kHz, as well as at least one of the distress and safety DSC frequencies 4207.5 kHz, 6312 kHz, 12577 kHz, or 16804.5 kHz, appropriate to the time of day and the geographical position of the ship, if the ship is fitted with an MF/HF radio. This observation may be maintained by means of a scanning receiver;
Observation pertaining to satellite shore-to-ship distress alerts, if the ship is fitted with an IMARSAT ship earth station;
Observation for broadcasts pertaining to maritime safety information on the appropriated frequency or frequencies on which such information is broadcast for the area in which the ship is navigating;
Observation on VHF channel 16, if the ship is equipped with the Non-GMDSS station and, where practicable, observation on the radiotelephone distress frequency 2182 kHz, and VHF channel 13 relating navigation safety.
Article 11
The radio frequency and operation for distress, emergency, and safety communications shall be conducted in accordance with the regulations of the Communication Operation Directions for Ship Radio Stations.
Article 12
Any ship radio station receiving an alarm signal shall immediately cease any transmission capable of interfering with the following communications of the aforementioned signal, and maintain careful observations on the frequency.
If ship radio stations receive a distress call from a ship, and there is no response from the coast station, they shall acknowledge receipt at the appropriate time and transfer the distress communication, as well as inform the ship in distress of the responding ship's name and its estimated time of arrival to the site. If the responding ship is unable to go to the site of the ship in distress immediately, the responding ship shall inform the ship in distress of the reason.
Article 13
When distress traffic has ceased on a frequency which has been used for distress traffic, or complete silence is no longer necessary for a frequency which is being used for the traffic, the ship radio station for controlling the traffic shall transmit on that frequency a message addressed to all radio stations, indicating that normal conditions may be resumed.
Article 14
A ship radio station shall not transmit a distress signal without approval, or transmit a signal that is easily confused with a genuine distress signal.
If the aforementioned situation occurs, it shall be handled in accordance with the Communication Operation Directions for Ship Radio Stations.
Article 15
During its voyage, a ship encountering icebergs, flotage, storm and any hazards potentially endangering damage to other vessels, the ship shall inform the nearest coast station and nearby ships of the aforementioned situation by means of safety communications.
Article 16
The emergency operation procedure for distress and safety radio communications equipment shall be clearly posted on the navigating bridge.
Chapter 3 The establishment and administration of ship radio stations
Article 17
The frequency used by the ship radio station shall be in accordance with the frequency announced by the competent authority.
Article 18
For the establishment and operation of a ship radio station, the applicant shall submit the application for the establishment permit to the NCC. For ship radio stations that have been established in the foreign country and inspected by the institutes(hereinafter referred to as the inspection agency)commissioned or approved by the NCC or only the inspected DSB radiotelephones installed on the ship may be exempt from applying for the establishment permit and may directly apply for a license of the ship radio station(hereinafter referred to as the radio station license).
The permit shall be valid for six months. If the applicant fails to complete the establishment prior to the expiration date of establishment permit, the applicant shall state the reasons by document and apply to the NCC for extending the establishment period for another six months. Such application shall be made one month prior to the expiration date of establishment period and shall be limited to once only.
The application aforementioned in Paragraph 1 shall specify and submit the following:
The name, address and telephone numbers of the applicant; and registered name, number(or small ships ID No.), gross tonnage, length, category, navigation area and registered port of the ship, type of radio station, as well as related information of the radio equipment.
In addition to the aforementioned information, fishing vessels shall specify the unified number of fishing vessel, the area of fishing operation, and fishery association the fishing vessel belongs to.
The owner of the ship may submit the specification of the radio equipment to apply for the establishment permit of additional radio equipment within the valid period of the ship radio station license.
Article 19
A ship radio station completing the establishment according to the previous Article shall apply for inspection from the NCC, or the institutes commissioned or approved by the NCC. It shall be put into operation only after passing the inspection and a license has been issued by the NCC.
If the inspection per preceding paragraph is unsuccessful, the competent authority, entrusted authority or inspection agency shall notify the applicant to undertake corrective action within a prescribed period of time and apply for re-inspection; if the subsequent inspection is still deemed unsuccessful, the application shall be rejected.
The Ship that is for international voyages, in which the International Convention for the SOLAS applies, shall apply for the ship safety certificate or ship safety radio certificate from institutes commissioned or approved by the NCC.
For ships undertaking international voyages and in which the International Convention for the SOLAS applies, the ocean fishing vessel shall apply for inspection to the NCC, or the institutes commissioned or approved by the NCC during the valid period of the ship radio station license: from the day of start, before or after within three months every full year. After passing the inspection, the inspector shall sign the radio license. However, if there are special reasons that the ocean fishing vessel cannot be inspected within the specified time, the shipowner can apply for an extension to the NCC for inspection.
Ships that comply with the International Convention on the Safety of Life at Sea and ocean-going fishing vessels on international routes, may submit the preceding inspection at the time of the annual regular inspection within the validity period of the safety certificate, safety radio certificate or national ship inspection certificate.
If the fourth item of the inspection is deemed unsuccessful, the competent authority, entrusted authority or inspection agency shall notify the applicant to undertake corrective action within a prescribed period of time and apply for re-inspection; if the subsequent inspection is still deemed unsuccessful, the competent authority shall revoke the radio station license.
The NCC may undertake an inspection of the ship radio station when deemed necessary.
Article 20
The validity period of the license of the ship radio station shall be five years.
For those who need to continue to use the radio station after the expiration of the license mentioned in the preceding paragraph, the shipowner shall apply for renewal within two months from three months prior to the license becoming invalid as follows:
1. For ships undertaking international voyages and in which the International Convention for the SOLAS applies, for an ocean fishing vessel, the shipowner shall submit the latest certification documents of the competent authority, entrusted authority or inspection agency, and report to the competent authority to renew the station license.
2. For ships sailing on international routes in which the International Convention on the Safety of Life at Sea does not apply, the shipowner shall apply to the competent authority, entrusted authority or inspection agency for inspection; the competent authority shall renew the license after passing the inspection. If the inspection fails, the competent authority, entrusted authority or inspection agency shall notify the applicant to undertake corrective action within a prescribed period of time and apply for re-inspection; if the re-inspection still fails, the application shall be rejected.
3. For ships other than those mentioned in the preceding two paragraphs, the shipowner may file a self-inspection form for the renewal of the ship radio station(see Appendix 1)and submit it to the competent authority for approval of the station license renewal. However, when deemed necessary, the competent authority may conduct an inspection and renew the license after passing the inspection; if the inspection fails, the application shall be rejected.
4. Ships of the preceding paragraph that only install radio walkie-talkies or hand-held two-way UHF radio telephone stations with output power below ten watts may be exempt from inspection and renew the license, directly.
When a vessel is revoked by the navigation authority for its nationality certificate, boat license or yacht certificate, the competent authority shall, in accordance with the notice of the navigation authority, revoke its radio station license.
When the shipowner changes, an application for the renewal of the radio station license shall be submitted.
If the radio station license is lost or damaged, the shipowner shall apply for a reissuance; when the items written in the license have been amended, the shipowner shall apply for the remark on the license; the validity period shall be the same as the original license.
Applications for approval(renewal or reissue)of the radio station license or the amendments shall be submitted to the competent authority.
Article 21
Applications for the installation, operation, inspection, and licensing(renewal or reissue)or amendments of the ship radio station shall be accompanied by relevant documents in accordance with Appendix 2.
Article 22
The following documents shall be attached to applications for ships that intend to obtain maritime mobile service identity:
1. Application form;
2. The identity certificate of the applicant;
3. The shipping administration authority or the fishery administration authority at all levels agrees to the new(purchase)letter, the nationality certificate of the vessel, the boat license, the yacht certificate, the fishery license or other supporting documents.
The application form in the preceding paragraph shall include the name, address, contact phone number, ship number(or boat number, fishing vessel number), ship name, navigation area, and type of station, etc. of the applicant.
The competent authority shall not accept repeated applications for maritime mobile service identity for maritime operations.
When a vessel has been revoked by the shipping administration or fishery administrations at all levels, the ship nationality certificate, boat license, yacht certificate or fishery license shall be revoked by the competent authority in accordance with the notification of the shipping administration or fishery administration at all levels to withdraw the originally approved maritime mobile service identity.
After the competent authority has assigned the maritime mobile service identity for maritime operations, if the applicant, address or ship name in the original application form be changed, an applications shall be submitted to the competent authority for approval.
Those that intend to apply for maritime mobile service identity for academic research, scientific research, or experimental(trials)inspection may apply to the competent authority for project approval, and the validity period shall be one year. If necessary, a one-year extension may be granted if written reasons are provided prior to expiration.
Chapter 4 Supplementary Provisions
Article 23
If the documents of the application are deemed to be incomplete or the items that should be stated are incomplete, the competent authority, entrusted agency or inspection agency may order it to undertake corrective action within a prescribed period of time. Those that fail to do so or whose corrections are still deemed to be incomplete by the deadline shall not be accepted.
Article 24
The contents and format of the related documents, forms, licenses and licenses stipulated in these Regulations shall be recorded and formatted.
Unless otherwise provided in these Regulations, the competent authority shall make separate announcements.
Article 25
Prior to the implementation of these Regulations, those that have obtained a radio station license in accordance with the Administrative Regulations on Ship radio stations authorized by the Telecommunications Law, and need to continue operating the radio station after the expiration of the radio station licenses, shall apply for license renewal in accordance with Article 20 three months before the expiration of the radio station license within two months from the beginning.
Article 26
These Regulations shall be implemented on July 1, 2020.
Web site:Laws & Regulations Database of The Republic of China