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Title: Seafarer's Service Regulations CH
Amended Date: 2018-06-08
Category: Ministry of Transportation and Communications(交通部)
Chapter I General Principles
Article 1
These regulations have been established pursuant to Article 25-2 of the Seafarer Act.
Article 2
An unauthorized disembarking seafarer in a foreign country referred to in these Regulations means a seafarer that disembarks and leaves the vessel without justification or overstays the given leave.
Chapter II Qualifications
Article 3
A seafarer shall hold a Seafarer Service Book issued by a competent maritime administration.
Article 4
A seafarer’s medical examination certificate that has been issued by a foreign hospital shall be verified by R.O.C. embassies, representative offices or other organizations authorized by the Ministry of Foreign Affairs, or the seafarer shall hold a master’s certificate.
Article 5
A cadet’s eligibility includes the following requirements:
1. Deck cadet
(1) Students graduated from the marine department or related departments recognized by the Maritime Administration from a domestic private or public institution of higher education or a foreign institution of higher education recognized by the Ministry of Education, or students from the marine department or related departments recognized by the Maritime Administration and that have to practice on board a vessel in accordance with educational requirements
(2) Students graduated from the marine department or related departments recognized by the Maritime Administration of a public or private maritime vocational senior high school.
(3) Domestic seafarers who are completing the first or second class deck officer cultivation training course at a domestic seafarer training institution.
2. Engineer cadet
(1) Students graduated from the engineering department or related departments recognized by the Maritime Administration of a domestic private or public institution of higher education or a foreign institution of higher education recognized by the Ministry of Education, or students of engineering or related departments recognized by the Maritime Administration and that have to practice on board a vessel in accordance with educational requirements.
(2) Students graduated from the engineering department or related departments recognized by the Maritime Administration of a public or private maritime vocational senior high school.
(3) Domestic seafarers completing the first or second class deck officer cultivation training course at a domestic seafarer training institution.
3. Electric Cadets
(1) Students graduated from a marine engine electric curriculum or related departments recognized by the Maritime Administration of a domestic private or public institution of higher education or a foreign institution of higher education recognized by the Ministry of Education, or students in a marine engine electric curriculum or related department recognized by the Maritime Administration that have to practice on board a vessel in accordance with educational regulations.
(2) Students graduated from the marine electromechanical department or related departments recognized by the Maritime Administration of a public or private maritime vocational senior high school.
(3) Domestic seafarers completing the first or second class deck officer cultivation training course at a domestic seafarer training institution.
The aforementioned cadets shall hold the related qualification certificates regarding professional seafarer training issued by the Maritime Administration. Meanwhile, both domestic and foreign national students of the maritime, engineering, electric departments, or other departments recognized by the Maritime Administration that are required to practice on board a vessel in accordance with educational requirements shall hold certified documents from a STCW convention course.
For the maritime, engineering, electric and other departments recognized by the Maritime Administrations of each school, the percentage for foreign students practicing on board shall not exceed ten percent of all participants during the current academic year.
Article 6
Cadets shall be at least 16 years old.
The onboard internship period of deck, engineer, and electric cadets shall not surpass two years.
During the onboard internship period, the cadets shall be considered seamen.
Article 7
Any individual with any of the following qualifications or qualifying certificates can apply for the relevant duties of a rating on vessels on international routes or direct cross-strait routes over three hundred nautical miles between the ports of Taiwan and the mainland area:
1. Graduated from a marine academic institution specializing in navigation, engineering, electric curriculum, or other related field recognized by the Maritime Administration (or who have completed all the relevant required courses), or having a certificate of course credits under the International Convention on Standards of Training, Certification and Watchkeeping for Seafarers.
2. Graduated from a vocational senior high school specializing in navigation, engineering, marine electromechanical curriculum, or a related field recognized by the Maritime Administration (or who have completed all the relevant required courses), or having a certificate of course credits for a sailors or deputy mechanic.
3. Qualified by a rating cultivation training course offered by a domestic seafarer training institution and holding a certificate of completion.
4. A former officer.
5. Qualified by an officer cultivation training course offered by a domestic seafarer training institution and holding a certificate of completion.
6. Veteran non-commissioned officers of the Navy and offshore boat teams of other military branches with more than two years of service experience on the deck or in the engine department.
7. Personnel that have previously left or resigned from naval vessels owned by the coast guard authority with more than two years of service experience on the deck or in the engine department.
8. Having more than one year of experience as a rating on domestic route voyages.
9. Having a seafarer practicing certificate for fishing navigation and engine departments on fishing vessels.
10. Having more than one year of verifiable cooking experience in a company or commercially registered restaurant or at least a Grade C restaurant technician license.
11. Hired as a seaman for general affairs or a passenger department, or having a certificate of completion the training of general affairs or a passenger department.
12. Mechanic with a certificate of proof of having served at a ship repair plant or a related shop for at least two years with the ability to repair ship equipment.
13. Returned from overseas with seafarer experience on international routes.
Prior to employment, the aforementioned seafarer shall complete the relevant professional training pursuant to the position’s responsibilities and shall have a certificate issued by the Maritime Administration.
Article 8
Any individual that meets any of the requirements stipulated in Paragraph 1 of the previous Article or any of the following conditions may apply for rating related duty on vessels with domestic or direct cross-strait routes within three hundred nautical miles between the ports of Taiwan and the mainland area:
1. Qualified by an officer cultivation training course offered by a domestic seafarer training institution and holding a certificate of completion.
2. Personnel that had left or resigned from a naval vessel owned by the coast guard authority that has more than one year of service experience on the deck or in the engine department.
3. Veteran non-commissioned officers of the Navy and offshore boat teams of other military branches who have more than one year of service experience on the deck or in the engine department.
4. Completed at least six months of a navigational or engineering apprenticeship a ship of at least 500 gross tonnage navigating on domestic routes approved by the Maritime Administration.
5. Veteran non-commissioned officers that have graduated from a related academic department of a ground or air force academy.
6. Former ordinary seafarers of fishing vessels with at least one year of experience.
7. Former power-driven small ship drivers with documented proof of at least two years of experience.
Prior to being employed, the aforementioned seafarer shall complete relevant professional training according to the position’s responsibilities and hold a certificate issued by the Maritime Administration.
After serving at least three months of an apprenticeship and having passed the qualifying evaluation given by the master or chief engineer officer, a rating serving on the deck or in an engine department of a vessel with a total tonnage that does not exceed five hundred shall be allowed to transfer within departments and shall be subject to the minimum duty positions of said departments.
After the transfer under the previous paragraph, the seafarer must have worked one year or more on the deck or in an engine department of a vessel with a total tonnage below five hundred before he can be assigned a job duty on a vessel with a total tonnage over five hundred.
Article 9
Trainees shall be at least 16 years old, and their on–board apprenticeship shall not surpass two years.
During the course of the apprenticeship, the trainees shall be considered seamen.
Chapter III Responsibilities
Section 1 General Provisions
Article 10
All seafarers shall comply with the following seafarer service codes:
1. Meticulously adhere to government decrees and behave in a manner that shall not endanger national interests or security.
2. Uphold marine safety and behave in a manner that shall not endanger human life or cargo.
3. Confirm the vessel’s proper operation and behave in a manner that shall not destroy equipment or damage fixtures.
4. Strictly obey laws and regulations with no carriage of private cargo or illegal smuggling.
5. Obey superior’s commands with no insubordination or violence.
6. Efficiently perform individual responsibilities and do not neglect responsibilities or arbitrarily swap responsibilities.
7. Comply with the vessel’s rules and do not disembark without authorization or be absent beyond permitted leave.
8. Accept interrogation summons without concealing or misrepresenting facts in reports.
9. Protect seafarer documents without changing, misstating, or losing them.
10. Promote a noble character by not fighting, gambling or abusing alcohol or drugs.
11. Honorably realize the contract without insolent requests or dishonest breaches.
12. Follow the law and perform one’s responsibilities without default or unauthorized undertakings.
Article 11
A seaman disembarking due to sick leave shall notify the director in writing and attain approval from the master or shall be relayed by dispatch personnel. Sick leave ashore because of an injury requires approval from the master, and the employer shall be notified.
Article 12
Seafarers shall work shifts pursuant to the schedule made while ships are sailing or in berth. Seafarers keeping watch shall not be absent unless they have obtained the director's permission. During shift changes, if the relieving personnel have not yet arrived to take over duty, the seafarer currently keeping watch shall continue to do so and then notify the director or the master if the situation becomes serious.
Article 13
Seafarers shall work in shifts pursuant to the schedule made while the ship is berthed in port. The seafarers on duty should be sufficient to deal with an emergency in order to prevent accidents.
No seamen from any department are allowed to disembark without the director or master’s permission. Unless otherwise provided by law, the number of seafarers with approved leave shall be calculated pursuant to vessel requirements. Seamen that are allowed to disembark shall return to the vessel and be on board before the stipulated time.
Article 14
All seafarers shall participate in all regularly held safety drills, such as survival and firefighting skills. All exercises performed shall be individually recorded into the navigation, engine, and telecommunications logbooks for future reference.
Article 15
Should any unregistered cargo be discovered on board by each department’s director or any level of seamen, the master shall be notified to immediately handle the matter. The master shall be required to jettison any such cargo that are found to be illegal items, lethal items, or items that may damage the vessel or cargo on board.
Article 16
The vessel shall maintain seafarer training records and appraisal information for future reference.
Article 17
The vessel shall maintain a record of the ship’s history, including major repairs and modifications, significant personnel changes, and other important events, starting from the vessel’s construction until it is decommissioned.
Article 18
In the case that an emergency situation occurs, all seamen at all levels shall submit to the master’s command and assist in rescue activities without fail. In serious cases, the master shall transmit emergency or distress telecommunications and try to notify nearby employers or their representatives.
Article 19
In distress situations in which saving the ship is not possible, the master shall order the seafarers to abandon ship pursuant to the law. The seamen shall immediately enact ship abandonment procedures and implement survival actions. Lifeboats on board the vessel shall not be arbitrarily lowered without the master’s order.
The portable radio equipment provided in the lifeboats shall be held by the designated officer, and that office shall coordinate with the master.
Article 20
Any seafarer responsibilities not stipulated within these regulations shall be set forth by the individual employers.
Section 2 Master
Article 21
The master shall be responsible for the command of all seamen, travelers, and anyone else on board the vessel and shall manage all affairs of the ship, as well as protect human life and vessel property.
Article 22
The master shall be responsible for the training and evaluation of seamen onboard. Seamen whose work or conduct has been found to damage marine safety and discipline shall be properly disciplined and even repatriated in appropriate areas when necessary with a report immediately sent to the employer.
Article 23
The master should pay particular attention to the following matters in order to control related matters and keep the vessel in good condition:
1. The preparation and maintenance of various loading, unloading, and other documents required pursuant to the provisions of the convention or relevant regulations.
2. Seamen’s work at all levels and cabin inspections if passengers are on board.
3. The review and signing of the logbook and related books at all times. Any lapse in this duty shall be immediately determined and corrected.
4. Instruction of relevant departments to perform checks and verifications of all equipment and accessories pursuant to the prescribed schedule and supervision of the inspection of internal and external hulls at any time.
Article 24
The master shall maintain sufficient deployment and task forces to handle various situations in order to ensure vessel safety and protect the marine environment.
Article 25
When sailing through irregular or unfamiliar harbor waterways, the master may hire a pilot but shall still be responsible for paying constant attention to the ship and its sailing conditions in order to ensure safety.
Article 26
Both at sea or in berth, the master shall appropriately deal with major events and notify the employer and the Maritime Administration of such events immediately.
Article 27
For mishaps that include striking rock, collisions, or running aground, the master shall pay particular attention to the following points and implement any necessary measures:
1. Damaged areas of the vessel and the extent of such damage.
2. The situation and amount of seawater entering the cabin and double bottom.
3. The draft and depth of water surrounding the vessel.
4. Any damage to the cabin bulkhead or double bottom.
5. Selecting a safe anchorage spot and planning for continued sailing once the vessel is out of danger.
6. Preventing vessel movement and capsizing when entering water reaches a saturation point.
7. Any pollution caused by leaking pollutants into the marine environment.
Article 28
When entering or leaving port, the vessel shall notify the radio station stipulated by the port authority of its position, course, speed, and the names of departure and destination ports.
Article 29
When anchored in a harbor known to have prevalent infectious diseases, the master shall notify all ship personnel and require them to stay onboard. All necessary control measures shall be implemented in order to prevent infection.
Article 30
If any seaman or passenger on the voyage dies, the master shall immediately notify the employer so that he/she can convey the news to the deceased’s family. The deceased person on board who meets the conditions listed below shall be buried at sea as determined by the master:
1. On a vessel sailing in international waters.
2. Being deceased for more than 24 hours or due to an infectious disease, as long as the deceased has been sterilized.
3. Unable to keep the corpse due to hygienic reasons, the port of entry forbidding vessels to keep cadavers onboard, or other legitimate reasons.
4. If the ship has a doctor, he/she shall issue a death certificate.
With regard to burial at sea, the master shall perform an appropriate funeral ceremony and implement measures to ensure that the body sinks. Said ceremony shall be recorded or photographed with as much detail as possible. What’s left of the deceased, such as hair remains and personal belongings, shall be given to the proper personnel so that they can forward such items to the deceased’s spouse or immediate family members.
Article 31
In the case of an accident that leaves the master unable to perform his/her duties, the master shall immediately notify the employer of the need for a deputy to take over the vessel. Prior to said deputy’s arrival, the vessel and the voyage shall be the responsibility of the seaman with the highest rank in the deck department.
Article 32
When handing over his/her responsibilities, the master shall inform the deputy regarding the details of such special properties as the ship’s voyage, operation, and seamen management. The administered instruments, atlas, and public properties shall be handed over, registered in the logbook, and then signed by both former master and new master and reported to the employer.
Section 3 Deck department
Article 33
Seamen of the deck department refer to the following positions:
1. Chief mates, deck officers, and deck cadets.
2. Deck assistants, boatswains, deputy boatswains, ships’ carpenters, able sailors, quartermasters, sailors, and deck trainees.
3. Other seamen of the deck department.
Article 34
Deck department directors shall be responsible for the following matters:
1. The ship’s operation and navigation issues.
2. Any maintenance, repair, or materials necessary for the hull, deck equipment, marine instruments, and the related attachments.
3. Meteorological observations and weather reports.
4. The use and proper maintenance of communications equipment on the deck.
5. Reports regarding the ship’s route and position and the records of them in the logbook.
6. The management, evaluation, and training of deck department personnel.
7. The preparation and management of cargo handling.
8. The preparation, repair, and proper maintenance of charts and nautical books.
9. Communication among the engine, general affairs (passenger sector) and telecommunications departments
10. Medical matters, general administration, and seafarers’ welfare.
11. Onboard safety and security matters.
12. Other matters related to the deck department.
Article 35
Officers responsible for the navigational watch shall manage seamen operations and perform the following:
1. Meticulously comply with marine rules while keeping watch.
2. Adhere to the master’s marine instructions without arbitrarily changing them.
3. Maintain the course and speed established by the master. Stopgap measures may be implemented in an emergency but should be immediately reported to the master.
4. Pay particular attention to the weather and sea conditions and immediately report them to the master should emergency conditions arise.
5. Sign and review the night shift order book while keeping the night watch.
6. Be responsible for communications and liaison, and immediately report anything significant to the master.
7. Pay particular attention to weather and nearby sea conditions when the ship is anchored or berthed.
8. Advise the relieving personnel in detail of the ship’s operational situation, orders to be carried out, and other important matters.
9. Record all relevant matters in the logbook when keeping watch.
10. Other matters assigned by the supervisor.
Article 36
The chief mate shall keep watch while the ship is sailing or in port, shall comply with the master’s orders, assume responsibility of all administrative matters, and manage all seamen of the deck and general affairs departments so that they carry out the following tasks:
1. Evaluate the work and behavior of all seamen belonging to the deck and general affairs departments.
2. Review the supply and maintenance of materials, deck equipment, and accessories, and be responsible for application and utilization.
3. Guide survival, firefighting, and other drills, and assume responsibility for equipment maintenance.
4. Record and maintain the logbook, equipment and facility catalogs, loading and unloading cargo files, and other relevant documents that ought to be maintained and recorded by the chief mate.
5. Perform duties in the bow or the assigned job position to command seamen to perform their tasks pursuant to the master’s instructions while the vessel enters and leaves the port and while it is anchored.
6. Assume responsibility for handling official foreign business onboard, overseeing loading and unloading operations, and managing the unloading operations of dangerous or special cargo pursuant to the requirements of relevant safety laws and regulations.
7. Keep count of the seamen of all levels onboard and check for the private carrying of passengers or cargo with each department director prior to the ship setting sail.
8. Pay particular attention to the regular maintenance and inspection regarding the sanitation of accommodations and record it; assume responsibility for the treatment of injured seafarers or passengers.
9. Guide relevant personnel to prepare instruments pursuant to regulations when the ship undergoes various inspections.
10. Organize the examination, maintenance, and repair of equipment on the hull and deck, oversee the cleaning of the deck and general affairs departments, and assign tasks to seamen.
11. Regularly review the following items and keep records:
(1) The food and drinking water supply.
(2) Areas and equipment related to food and drinking water storage and handling.
(3) Kitchen and other accessories related to food preparation and serving.
12. The training, managing and evaluating of deck cadets.
13. Other duties that shall fall within the chief mate’s responsibility pursuant to international conventions, laws and regulations, as well as the employer’s guidelines and the master’s instructions.
When handing over duties, the chief mate shall inform the successor regarding the details of operational conditions and marine inertia and shall hand over the managed documents, atlas, and public properties, and then both the chief mate and the successor shall jointly sign and report it to the master.
Article 37
The deck officer shall keep watch when the ship is sailing or in port and shall comply with the orders given by supervisors with regard to the following responsibilities:
1. Properly maintain and calibrate onboard marine equipment and instruments, as well as properly maintain and correct any marine charts and nautical books.
2. Perform the duties of the position assigned by the master when the vessel enters or leaves the port or is anchored and instruct seafarers to perform their jobs pursuant to the master’s orders.
3. Be on duty pursuant to the master’s orders when the ship is berthed and guide any cargo loading and unloading operations.
4. Maintain and keep proper records in the summary logbook, magnetic compass deviation book, and nautical instruments record, as well as regularly fill in the midday report.
5. Assume responsibility for the handling and safekeeping of mail, and maintain a mail registration book where the date and number of pieces of mail received and delivered are recorded.
6. Be responsible for the cleaning and maintenance of all equipment and accessories on deck, as well as on the outside and inside of the bridge.
7. Properly store and maintain the medicines and medical equipment on board.
8. Help the chief mate in handling ship entering and leaving processes and general administrative matters.
9. Coordinate with the engineer officer to perform trial runs, bells, and whistle, and inform the master of the ship's draft and reserves of fuel and fresh water prior to the ship setting sail.
10. Properly maintain and check rescue, firefighting, and deck communications equipment.
11. Assume responsibility for picking up and sending off the water pilot and ensuring the safety of the rope ladder and gangway ramp.
12. Other duties for which the deck officer shall be responsible pursuant to international conventions, laws, and regulations, as well as the employer’s guidelines and the superiors’ instructions.
The responsibilities of an individual deck officer on a ship with more than two deck officers shall be determined by the employer pursuant to the provisions above.
The responsibilities of the deck office on a ship without the position of a deck officer shall be carried out by personnel designated by the master.
Article 38
The boatswain shall comply with the orders of the chief mate or deck officer responsible for the navigational watch to guide the ratings in the deck department.
Article 39
The deputy boatswain and ship’s carpenter shall comply with the orders of the chief mate, deck officer responsible for the navigational watch, or boatswain in their duties with regard to the maintenance of anchor gear, deck equipment, materials, tools, and lamps, as well as checking the closure of the cargo tank vent and inspection of the water tank. They shall report the daily measured water conditions to the chief mate.
Article 39-1
Able seafarer deck shall assist with the affairs of the deck department and have the following duties:
1. Adhere to the orders of the master and the officer responsible for the navigational watch during navigation and berth.
2. Upon arrival at a harbor, assist with the berthing, anchoring and other cabling procedures.
3. Responsible for loading and unloading of goods and materials.
4. Responsible for the cleaning, maintenance and repair of all facilities, machinery and accessories on the deck.
Article 40
The able sailor, quartermaster, and sailors shall handle steering and observation when the ship is sailing or shall keep watch at the ladder entrance when the ship is berthed in the port. They are also responsible for the cleanliness of the internal and external hull, deck machinery, and living cabins, as well as for cargo loading and unloading preparations to comply with the orders of the chief mate, officer in charge of the navigational watch, or boatswain.
Deck cadets shall help with and practice the work of seafarers at each level, supervised by the master and officers. Deck cadets’ tasks shall be assigned by the master and chief mate and shall be evaluated according to specific training and appropriate evaluation items of the onboard training record book for deck cadets and/or reinforcement training records book.
Deck trainees shall help with and practice the work of seafarers at each level, supervised by the boatswain and ratings. Deck trainees’ tasks shall be assigned by the chief mate and assessed according to specific training and appropriate evaluation items of the onboard training record book for ratings that form part of the navigational watch.
Seafarers without a certificate of competency issued by a competent authority shall not be responsible for a navigational watch.
Section 4 Engine department
Article 41
The seamen that belong to the engine department refer to the following positions:
1. Chief engineer officer, second engineer officer, engineer officer, electric officer, electric cadet, and engineer cadet.
2. Engineer assistant, chief mechanic head, deputy chief mechanic head, mechanic, deputy mechanic, copper technician, electric technician, pump technician, air conditioning technician, and engineer trainee.
3. Other seamen that make up the engine department.
Article 42
The engine department officers shall assume the following responsibilities:
1. Operation, performance, maintenance, and repair issues of the main and auxiliary engines, boilers, motors, etc.
2. Maintenance, repair, and other matters related to deck machinery.
3. Recording and properly maintaining of the engineering logbook, engineer summary logbook, brief histories of machinery, equipment directories, facility catalogs, telegram books, and other records.
4. Management and maintenance of firefighting, explosive, and anti-poison equipment.
5. Application, acceptance, and maintenance of fuel, materials, spare parts, and tools.
6. Maintenance and repair of the internal hull.
7. Management, assessment, and training of the engine department personnel.
8. Onboard safety and security.
9. Other matters related to the engine department.
Article 43
Officers responsible for the engineering watch shall guide the relevant seamen to perform duties and pay particular attention to the following matters:
1. Control the automatic operation of the main and auxiliary engines and boiler in the engine cabin, as well as monitor a number of instrument lights in order to maintain normal conditions.
2. Maintain a proper fuel supply, lubricating with oil and fresh water, ensure the normal level of pressure gauges, thermometers, and water level indicators, and make sure that circulating cooling water is running smoothly.
3. Ensure the operation of the main engine stays at the indicated speed without capriciously changing it unless approved by the chief engineer officer or the bridge.
4. Maintain the normal water level of the boiler, properly regulate powerful ventilation pressure, and maintain the pressure within the boiler.
5. Maintain the cleanliness of the cabin’s interior. Water shall be treated with oil-water separation devices and can only be pumped overboard once it meets emission standards and the master’s approval is obtained in order to avoid polluting the ocean environment.
6. Should the vessel encounter waves that cause the ship’s main machine to run freely and is the ship has no speed adjustment equipment, close attention shall be paid and proper practices shall be applied for proper speed adjustment.
7. For any irregular sound related to mechanical operation or any unusual circumstances, operation speed shall be reduced, and necessary emergency measures shall be implemented. Such conditions shall be reported to the chief engineer officer, the master, and the deck officer responsible for the navigational watch so that the appropriate actions can be taken.
8. Maintain the normal and steady voltage of the electricity supply from the engine department to all other departments to prevent power interruptions.
9. Remain alert at all times, receive and follow commands from the bridge, and implement appropriate measures.
10. Inform relieving personnel about the machine running situation, orders received, and other important matters at shift changes.
11. All relevant matters shall be recorded in detail in the engineer logbook while keeping watch.
12. Other matters indicated by superiors.
Article 44
The chief engineer officer shall adhere to the master’s orders to manage all matters related to the engine department and guide all levels of seamen within the engine department to perform their tasks. The chief engineer officer’s responsibilities are listed below:
1. Evaluate the work and behavior of all seamen in the engine department.
2. Manage the operation, maintenance, and repair of machinery, equipment, and accessories.
3. Check supplies and properly maintain the required conditions for fuel, materials, and spare parts, and be responsible for applying and supervising their proper utilization.
4. Properly maintain and review the engineering logbook, engineer summary logs, brief histories of the machine, equipment catalog, directory of accessories, and other records that fall under the responsibility of the chief engineer officer.
5. Supervise seamen within the department to carry out survival and firefighting safety drills, in addition to ensuring the operation and maintenance of emergency equipment.
6. Schedule engineering watch shifts for seamen in the engine department according to the master’s orders.
7. Coordinate between the engine and deck departments.
8. Other matters stipulated by international conventions, laws, and regulations, as well as the employer’s guidelines and items assigned by the master.
Upon handing over duties, the chief engineer officer shall inform the successor of details regarding the special properties of the ship and engineer operating conditions. The administered instruments and public properties shall be handed over, and then both the chief engineer office and the successor shall sign and report it to the master.
Article 45
The second engineer officer shall keep watch while the ship is sailing or in port, shall comply with the orders of the chief engineer officer, and manage technical and administrative matters of the engine department, as well as guide all seamen within the engine department to perform their tasks. The second engineer officer shall assume the following responsibilities:
1. Help the chief engineer officer to evaluate the work and behavior of all the seamen in the engine department.
2. Assume responsibility for organizing the inventory of cabin equipment, accessories, and spare parts.
3. Oversee the application, maintenance, and repair of both main and auxiliary machines, as well as boilers.
4. Ensure the proper utilization and storing of fuel, materials, spare parts, and tools required by the engine department.
5. Supervise the cleaning and mechanical maintenance of the engine department and assign tasks to the department’s seamen.
6. Develop an engine department maintenance plan and apply for fuel, materials, spare parts, and tools.
7. Keep count of the seamen in the engine department and inspect any private carriage for passengers or cargo; prepare a fuel and fresh water reserves report and provide it to the chief engineer officer prior to the ship setting sail.
8. Implement training, instruction, and evaluation for engineer cadets.
9. Other matters stipulated by international conventions, laws, and regulations, as well as the employer’s guidelines and matters instructed by superiors.
Upon handing over duties, the second engineer officer shall inform the successor of the details regarding special properties of the ship and engineer operating conditions. The administered instruments, atlas, and public properties shall be handed over, and then the second engineer office and the successor shall jointly sign and report it to the chief engineer officer.
Article 46
The third engineer officer shall keep watch while the ship is sailing or in port and shall comply with the orders of superiors to assist in the management matters of the engine department with the following responsibilities:
1. Help the second engineer officer to perform operations, maintenance, and repairs for both main and auxiliary machines, boilers, and other deck machinery.
2. Assume responsibility of the operations, maintenance, and repairs of the auxiliary machinery of generators, steering gears, freezers, oil pumps, donkey boilers, and freshwater making machine.
3. Be responsible for water quality testing and treatment.
4. Be responsible for warming up main and auxiliary machinery prior to the ship setting sail. Cooperate with the deck officer to test steering gear, calibrate deck watch, and test the bell.
5. Measure the stock of fuel oil and various lubricants and oils and submit a list of supplies to the chief engineer officer after making calculations.
6. Properly maintain and record relevant information in the engineer summary log and regularly fill in the midday report form.
7. Other matters stipulated by international conventions, laws, and regulations, as well as the employer’s guideline and matters instructed by superiors.
The responsibilities of individual engineer officers on a ship with more than two engineer officers shall be determined by the employer according to the provisions above.
The responsibilities of the engineer officer on a ship that does not have said position shall be assumed by personnel designated by the chief engineer officer.
Article 46-1
The electric officer shall comply with the orders of superiors to help with the management matters of the engine department with the following responsibilities:
1. Help the second engineer officer perform operations, maintenance, and repairs for both main and auxiliary machines, boilers, and the deck machinery control system.
2. Assume responsibility of the operations, maintenance, and repair of the auxiliary machinery control system of generators, steering gears, freezers, oil pumps, donkey boilers, fresh water making machines, and oil purifiers.
3. Assume responsibility of the operations, maintenance, and repair of the deck machinery control system of the anchor gears, mooring winches, gangway lifters, cranes, and the gas and liquid cargo operating system.
4. Assume responsibility of the maintenance and repair of such electronic navigation instrument systems as the radar system, the GPS system, the INS system, the gyrocompass, the ship’s speed recorder, the depthometer, the automatic navigator, etc.
5. Assume responsibility of the maintenance and repair of such communication systems as the automatic telephone exchange, the emergency call system, the intercom system, the public broadcasting system, etc.
6. Assume responsibility of the maintenance and repair of such daily life equipment systems as the elevator system, the kitchen electrical equipment, the lighting system, etc.
7. The electric officer shall assume responsibility for other matters according to international conventions, laws, and regulations, as well as the employer’s guidelines and matters assigned by superiors.
Article 46-2
The electric technician shall comply with the orders of superiors to help with management matters of the engine department with the following responsibilities:
1. Help the electric officer perform monitoring, maintenance, and repairs for both main and auxiliary machines, boilers, and the deck machinery electric power system.
2. Help the electric officer perform monitoring, maintenance, and repairs of the marine auxiliary control system.
3. Help the electric officer perform monitoring, maintenance, and repairs of the deck machine control system.
4. Help the electric officer perform maintenance and repairs of the electronic navigation instrument system.
5. Help the electric officer perform maintenance and repairs of the communication system.
6. Help the electric officer perform maintenance and repairs of the daily life equipment system.
7. The electric technician shall help with other matters according to international conventions, laws, and regulations, as well as employer’s guidelines and matters assigned by superiors.
Article 46-3
Able seafarer engine shall assist with the affairs of the engineer department and shall have the following duties:
1. Adhere to the orders of the chief engineer officer and officer responsible for the engineering watch during navigation and berth.
2. Assist with the verification of the tank bottom water and ballast water system procedures.
3. Assist with fueling and fuel transfer related procedures.
4. Responsible for the use, maintenance and repair of valves, pumps, cranes and hanging equipment, hatches, watertight doors, sideports and relevant equipment and machinery.
5. Responsible for the safe use of electric equipment.
Article 47
All seamen of the engine department shall be prepared in their designated positions while the vessel enters and leaves port, is sailing, or is berthed at anchor.
Article 48
The chief mechanic head, deputy chief mechanic head, mechanic, electrician, and electric technician shall be rotated with regard to keeping watch pursuant to the regulations and shall comply with the orders of the second engineer officer or engineer officer responsible for the engineering watch to handle matters of the engine department.
Engineer cadets shall help with and practice works of each level of seaman, supervised by the chief engineer officer and other high-ranking officers. Engineer cadets’ tasks shall be assigned by the second engineer officer and evaluated pursuant to the training items and competency assessments stipulated in the onboard training record book and/or the reinforcement training record book for operation-level engineer officers.
Engineer trainees shall help with the work of rating trainees, supervised by the chief mechanic head and other ratings. Engineer trainees’ tasks shall be assigned by the second engineer officer and assessed pursuant to the training items and competency assessments stipulated in the onboard training record book for assistant level engineer officers that form part of the engineering watch.
Electric cadets shall help with and practice works of each level of seaman, supervised by the chief engineer officer and other high-ranking officers. Engineer cadets’ tasks shall be assigned by the second engineer officer and assessed pursuant to the training items and competency assessments stipulated in the electric officer onboard training record book.
Seamen that do not have a certificate of competency issued by a competent authority shall not be allowed to assume responsibility for an engineering watch.
Section 5 Telecommunications department
Article 49
Seamen belonging to the telecommunications department refer to the following positions:
1. Radio electronic operator, GMDSS general operator, GMDSS restricted operator.
2. Other seamen that make up the telecommunications department.
Article 50
The telecommunications department director shall have the following responsibilities:
1. Proper use and maintenance of all telecommunications equipment.
2. Help maintain electronic marine aids.
3. Any matters regarding radio communication.
4. Sending and receiving weather reports.
5. Proper organization, storage, and use of the materials required by the telecommunications department.
6. Maintaining and producing the log records and reports of the telecommunications department.
7. Management, assessment, and training of personnel in the telecommunications department.
8. Responsible for duty attendance, the operation and management of radio equipment, and the global maritime distress and safety system.
9. Apply and maintain radio licenses.
10. Other matters related to the telecommunications department.
Article 51
Personnel of the telecommunications department shall assume responsibility of all communication tasks pursuant to the master’s orders.
On board ships without full-time telecommunications personnel, the telecommunication tasks shall be the responsibility of a deck officer that has a GMDSS general operator’s certificate of competency.
Article 52
Telecommunication personnel shall comply with the following sequence when operating a ship’s telecom stations:
1. Distress communications.
2. Emergency communications.
3. Safety communications
4. Radio navigation and positioning communications.
5. Marine safety communications for aircraft navigation regarding search and rescue operations.
6. Communications related to ship sailing dynamics and meteorological observation reports sent to the meteorological agency.
7. Other communications.
Article 53
Telecommunication personnel shall immediately copy any received distress signals, urgency communications, marine safety telecommunications, and weather reports, notify seafarers in the sailing area and the master for review, and shall comply with the master’s instructions in the special weather changing circumstances. Telecommunications personnel shall record in detail any distress, urgency, or safety of marine telecommunications in the telecommunications log.
Article 54
On board ships approved to report weather by a meteorological agency, some telecommunications personnel shall be on deck during sailing operations to ensure meteorological information reports are provided by radio in a timely manner or receive messages from meteorological agencies.
Article 55
Communication between two vessels shall not interfere with the broadcast of coastal radio stations. This can be accomplished by terminating communication or changing frequency when requested to do so by a coastal radio station.
Article 56
Upon handing over duties, telecommunications personnel shall provide the successor with the administered machines, appliances, materials, lists, passwords, and other documents pursuant to a prepared checklist, and both shall jointly sign and report it to the master.
Article 57
Telecommunications personnel shall adhere to all the requirements of relevant regulations. Any matter not stipulated in these regulations shall be prescribed pursuant to relevant international and domestic telecommunications laws and regulations.
Section 6 General affairs department (also known as Passengers department)
Article 58
Seamen under the general affairs department refer to the following positions of all levels:
1. Pursers and clerks.
2. Doctors and nurses.
3. Head of meals, head steward, steward, head chef, sous-chef, kitchen workers and launderers.
4. Other seamen included in the general affairs department.
A passenger ship may create a passenger department in lieu of the general affairs department with the approval from the Maritime Administration. In addition to the members listed in the previous paragraph, the passenger department may also include professional managers, administration assistant managers, assistant meals managers or otherwise modify the staffing organization.
Article 59
Personnel of the general affairs department (or passengers department) shall have the following responsibilities:
1. Pay seafarers’ wages and allowances.
2. Provide meals and beverages for both employed seafarers and passengers.
3. Manage cleanliness and hygiene in seafarer quarters, dining rooms, and cabins.
4. Provide medical treatment for seafarers and passengers who require it.
5. Check passengers’ tickets and compensate fares.
6. Arrange passengers’ seats, entertainment, news, and religion.
7. Handle passenger baggage and excess baggage charges.
8. Manage the safekeeping of valuables, onboard banking, and telecommunications.
9. Instruct passengers regarding survival and firefighting drills.
10. Care for passengers wearing life jackets and arrange survival boat occupancy.
11. Properly use and manage the materials required by the general affairs department.
12. Assume responsibility of the management, evaluation, and training of personnel in the general affairs department.
13. Other matters related to the general affairs department.
On board vessels without a general affairs or passenger department, the matters listed above shall be the responsibility of the chief mate or other designated personnel in accordance with relevant regulations.
The general affairs department shall comply with the chief mate’s instructions to handle matters for which it is responsible.
The passenger department shall comply with the master’s instructions to handle matters for which it is responsible; however, matters related to seamen shall be handled together with the chief mate.
Article 60
The general ratings in vessels that implement a general ratings system refer to the following levels of seamen:
1. The generalist head.
2. The deputy generalist head.
3. The generalist.
4. The deputy generalist.
Article 61
When a vessel is sailing or berthed in port, the deck department’s generalist shall comply with the orders of the chief mate or deck officer responsible for the navigational watch to form part of the watch keeping, engage in the cleaning and maintenance of the ship, participate in the loading and unloading of cargo, and help the general affairs department with its tasks whenever necessary.
Article 62
When a vessel is sailing or berthed in port, the engine department’s generalist shall comply with the orders of the second engineer officer or engineer officer responsible for the engineering watch to form part of the watch keeping, help engineer officers with their regular tasks, and assist with maintenance and other relevant matters related to main and auxiliary machinery, boilers, and deck machinery.
Chapter IV Employment and management
Article 63
To apply for a Seafarer Service Book, the seafarer shall submit the following documents:
1.Application form.
2.Original copy and photocopy of the seafarer’s qualification certificate. The original copy will be returned after verification.
3.Original copy and photocopy of the national identification card or equivalent documentation. The original copy will be returned after verification.
4.Two two-inch frontal-view hat-less photographs taken within the past 2 years.
5.A seafarer’s medical certificate issued by a public or teaching hospital within the past two years.
6.If the seafarer is a minor, certificate of the legal representative’s consent.
The Seafarer Service Book is valid for ten years. An application for renewal shall be filed in accordance with the requirements under the previous paragraph before expiry. If the seafarer is serving onboard duty and has not returned to a domestic port, the application for renewal shall be filed within seven days after the return to a domestic port.
Article 64
When contracted seafarers board a vessel to serve at domestic ports, when an employment contract has been completed, or a seafarer has changed duty and disembarks at a domestic port, the employer shall apply to the Maritime Administration for an appointment or dismissal approval visa and record it in the Seafarer Service Book.
When a domestically employed seafarer boards a vessel in order to serve at foreign ports, the employer shall submit the seafarer’s appointment status to the Maritime Administration within seven days after boarding. When seafarers disembark at foreign ports because of an employment contract ending, the employer shall apply to the Maritime Administration for an appointment or dismissal approval visa within fifteen days after the seafarer returns to the country and subsequently record it in the Seafarer Service Book.
When a seafarer is employed abroad and boards to serve at foreign ports, the employer shall report it to the Maritime Administration for future reference and shall submit the Seafarer Service Book, job appointment application, copy of employment contract, immigration certificate, and other documents when applying to the Maritime Administration for appointment or dismissal approval visa upon the seafarer returning and arriving at the first domestic port, and record said application in the Seafarer Service Book.
Article 65
When hiring a seafarer to serve on board a vessel, the employer shall sign a written employment contract and send it to the Maritime Administration for review. The same shall apply for any amendments or the termination of an employment contract.
When a seafarer’s employment contract ends while in a foreign country, the employer shall return the dismissed seafarer to the original place of employment in Taiwan.
When a seafarer’s employment contract ends while in a foreign country and said seafarer cannot immediately return to Taiwan, the employer shall provide the reason in writing along with supporting documents and submit them to the Maritime Administration for future reference.
The employment contract of a seafarer as mentioned in paragraph 1 above shall consist of the following:
1. Seafarer’s name, age, date of birth, address, birthplace, and identity card or passport number. Seafarers who are minors shall be subject to a licensed contract of a legal representative with the legal representative’s name, age, identity card or passport number, and address.
2. The responsibilities of the employed seafarer.
3. Name, address, and uniform number of the employer and the name of the ship, or the name, address, uniform number of the representative when the contract is signed by a legal representative, or the name, age, identity card or passport number, and address of the individual.
4. Employment benefits, including wages, allowances, and meal expenses.
5. Length of employment.
6. Contract termination conditions.
7. Agreement regarding returning the seafarer to the original place of employment.
8. Working conditions and welfare matters.
9. Date and place of signing the contract.
Article 66
A seafarer can apply to the Maritime Administration to issue a seagoing service experience certificate.
Article 67
A seafarer whose employment has been approved by a foreign vessel shall submit the recognition document issued by the employers’ representative along with passport or outbound and inbound certificate pursuant to the following regulations:
1. A seafarer boarding or disembarking at domestic or foreign ports because of employment termination or duty change shall apply to the Maritime Administration for an appointment or dismissal recognition visa and record it in the Seafarer Service Book.
2. A seafarer not in possession of a seafarer competency certificate issued by a competent authority shall submit not only the documents stipulated in the paragraph above, but also the seafarer competency certificate issued by foreign countries for approval; the seafarer shall record the foreign experience in the Seafarer Service Book.
Article 68
With regard to any omission, error, or change of an item recorded in the Seafarer Service Book, the seafarer shall submit relevant documents to the Maritime Administration to request correction. The seafarer shall not reject the Maritime Administration’s notification requiring the seafarer to submit the Seafarer Service Book for direct correction.
Article 69
In order to voluntarily abandon this form of identity, the seafarer shall return the Seafarer Service Book to the Maritime Administration and eliminate his related identity documentation, as well as cancel his Seafarer Service Book. The seafarer shall apply to the Maritime Administration to restore said identity.
Article 70
Should a Seafarer Service Book be damaged or misplaced, the seafarer shall submit an application to the Maritime Administration for a replacement. Regarding the validity period for a replacement, the expiration date of the original Service Book shall be maintained.
Article 71
Deleted
Article 72
Deleted
Article 73
Deleted
Article 74
Cadets attending schools accredited by the competent educational authority and meeting the requirements for marine education and marine training quality management system under the International Convention on Standards of Training, Certification and Watchkeeping for Seafarers, specializing in navigation, merchant shipping, shipping technology, transportation technology of navigation groups, marine engineering etc., with a formal academic status and an onboard practice requirement shall submit a detailed internship plan prepared by the school regarding internship items, as well as a medical examination form and the students’ onboard internship register, to the Maritime Administration for a Seafarer Service Book.
Students of foreign nationalities applying for onboard internship shall follow the same qualifications and procedures as domestic students and one of the following documents shall be submitted:
1. Alien Resident Certificate or Alien Permanent Resident Certificate.
2. Passport and residence document of at least one-year validity.
Domestic or foreign cadets or trainees other than the previous two paragraphs shall submit academic certificates, seafarer training completion certificates or seafarer’s examination or test qualification certificates, together with a medical examination form, to the local Maritime Administration for a Seafarer Service Book.
Medical examinations for cadets and trainees shall be governed by the standards and regulations provided for seafarer medical examinations.
Article 74-1
The cadets under the first paragraph of the previous article are divided into deck cadets, engineer cadets and electric cadets. Cadets’ onboard internship shall be at least one year.
When an employer employs a cadet or trainee for onboard internship (training), the parties shall sign a fixed-term seafarer employment contract.
Under the fixed-term seafarer employment contract under the previous paragraph, the employer shall pay to the cadets (trainees) at least the wages according to the R.O.C. seafarer minimum monthly salary standards.
The employer shall provide adequate quality food, bedroom, bedding, tableware and personal safety equipment for all cadets and trainees.
Article 74-2
Deleted
Article 74-3
Regarding short-term teaching and training for onboard navigation that lasts less than one year for students from navigation, marine engine, electric engineering or marine tourism related departments or programs, the schools shall prepare a training plan with clearly defined training program and submit it together with medical examination forms and the students’ onboard training register to the Maritime Administration to apply for Seafarer Service Books. The students’ seagoing service experience during onboard teaching and training periods shall be recorded in their Seafarer Service Books.
To apply for short-term onboard teaching and training, foreign students shall be subject to the same qualifications and procedures for domestic students and one of the following documents shall be provided:
1. Alien Resident Certificate or Alien Permanent Resident Certificate..
2. Passport and residence document with validity of at least one year.
Cadets and students participating in onboard teaching and training as approved by the Maritime Administration shall receive training in accordance with the program specified in the onboard training register and their Internship experience shall be recorded.
Article 74-4
With regard to students receiving short-term onboard teaching and training mentioned in the previous Article, the employer shall determine its own business needs to sign a fixed-term seafarer employment contract with students pursuant to subparagraph 2 of paragraph 1 of Article 74.
Article 75
The master and high-ranking officers shall instruct and help cadets learn seafarer tasks at all levels. The chief mate and second engineer officer shall be responsible for supervising and evaluating the cadets’ work and daily lives.
Article 76
Seamen serving on board a vessel shall be evaluated by the master and reported to the employer, and the master shall be evaluated by the employer.
Article 77
All vessels shall prepare a seafarer roster to record all of the seafarers’ responsibilities, names, dates of birth, dates of embarkation, passport numbers, and validity periods; said roster shall be signed and held by the master. If any change occurs to the aforementioned items, the roster shall be amended accordingly.
Article 78
In the case of a ship accident or other extraordinary circumstance, the Maritime Administration, R.O.C. embassies, representative offices, and other institutions authorized by the Ministry of Foreign Affairs shall request relevant seafarers to help with providing assistance or investigating, as necessary.
Article 79
Ratings shall be required to obtain watch-keeping qualifications pursuant to the following regulations:
1. Deck department: Sailors and other seamen in the deck department shall have more than one year of experience in domestic routes or more than two months of experience in international routes, as well as a certificate of competency issued by a competent authority for ratings that form part of the navigational watch.
2. Engine department: The deputy chief mechanic head and other seamen of the engine department shall have more than one year of experience in domestic routes or more than two months of experience in international routes, as well as a certificate of competency issued by a competent authority for ratings that form part of the engineering watch.
Article 80
Ratings may be eligible for promotion pursuant to the following:
1. A boatswain or deputy boatswain may be selected by the employer from among capable sailors and quartermasters serving on board the vessel.
2. The Able seafarer deck may be selected by the employer from among capable sailors and quartermasters serving on board the vessel with at least one year of experience and who have obtained a deck assistant competency certificate.
3. The chief mechanic head, deputy chief mechanic head, copper technician, electrician, electric technician, air conditioning technician or pump technician may be selected by the employer from among the seamen with qualified mechanical competence.
4. The Able seafarer engine may be selected by the employer from among the seamen with at least one year of onboard machinist service experience and who have obtained an engineer assistant competency certificate.
Article 81
The employment of a general affairs department seamen shall be approved by the Maritime Administration pursuant to Article 7.
Article 81-1
The head of meals, head chef, sous chef, and kitchen workers that make up the general affairs department shall be at least 18 years old, shall have participated in the ship’s cook’s essential training held by a domestic seafarer training institution and been qualified in the training, as well as have already obtained a training qualification certificate prior to serving on board.
The training mentioned in the above paragraph shall be planned by domestic seafarer training institutions and approved by the Maritime Administration. The training programs and courses shall be created by seafarer training institutions pursuant to the requirements of the Maritime Labor Convention and shall be submitted to the Maritime Administration for approval prior to implementation.
Article 82
Ratings in the general department shall be eligible for promotions pursuant to the following:
1. The application of able sailors, quartermasters, or mechanic to transfer to the general department shall first have served as a deputy generalist and then shall only be promoted to the formal generalist after six months of seagoing experience and recorded onboard training, as well as shall have a certificate of competency issued by a competent authority for ratings that form part of the navigational and engineering watches.
2. The promotion of a deputy generalist who has not been previously engaged as an able seaman, quartermaster, or mechanic to generalist shall have at least one year of seagoing service experience in that position and recorded training and shall also have a certificate of competency issued by a competent authority for ratings that form part of the navigational and engineering watches.
3. The generalist head and deputy generalist head shall be chosen by the employer from among the ratings with generalist qualifications.
Article 83
The seagoing service experience certificate visa of seafarers serving on board official vessels shall be issued by the organization for which the seafarer works and shall be submitted to the Maritime Administration for auditing. The seagoing service experience confirmation shall be calculated as two-thirds times years of service.
The purpose shall be included in the aforementioned seagoing service experience certificate.
Article 83-1
Regarding seafarers employed by government agencies on board vessels that have official duties, subordinate agencies shall create shift schedules pursuant to the seafarers’ minimum safety shift allocation configuration established in the seafarers’ minimum allocation standards and shall produce a register of actual allocations that the Maritime Administration shall be able to review at any time.
The shift allocation of the aforementioned seagoing service experience shall be determined based on a 16-hour shift. The seagoing service experience of seafarers serving on board different types of vessels shall be determined separately.
The seagoing service experience of senior seafarers with a low position as specified in subparagraph 1 shall be determined pursuant to the seafarer minimum allocation standard of such seafarers’ actual position in the serving vessel.
Article 83-2
The employer shall establish both a health and safety and an accident prevention system or plan in order to protect its seafarers’ occupational safety and health.
Said system or plan shall include the following:
1. Risk assessment of occupational safety and health management and the training and instruction of seafarers.
2. Practical prevention measures and procedures for verifying, reporting, and correcting unsafe situations.
3. Instruction of seafarers regarding how to manage their occupational safety and health.
4. The establishment of a ship safety committee; ships with less than five seafarers shall be exempt.
5. Other matters related to occupational safety and health management.
Article 83-3
Personnel serving as vessel inspectors pursuant to the Maritime Labor Convention of 2006 (hereinafter referred to as the Convention) shall have the proper inspection knowledge and skills set forth in the Convention and shall have obtained a certificate the conforms to the inspector qualifications of the Convention.
The inspection items to which the above paragraph refers consist of the following:
1. Minimum age
2. Medical certification
3. Seafarers’ qualifications
4. Seafarers’ employment agreements
5. Seafarers’ recruitment and employment service institutions
6. Respective work and rest hours
7. Manning levels for the ship
8. Onboard accommodation spaces
9. Onboard recreational facilities
10. Food and catering services
11. Health and safety management and accident prevention
12. Onboard medical care
13. Onboard complaint procedures
14. Wage payment
The Maritime Administration may designate a non-governmental organization to manage the inspector training or certificate issuance operations specified in paragraph 1.
The aforementioned designation shall be published in the Government Gazette and relevant websites pursuant to regulations.
Article 83-4
Before being assigned to shipboard duties, all persons employed or engaged on a seagoing ship, other than passengers, shall receive approved familiarization training in personal survival techniques or receive adequate guidance.
Before being assigned to shipboard duties, all persons employed or engaged on a seagoing ship, which is required to comply with the provisions of ISPS Code, other than passengers, shall receive approved security-related familiarization training.
Chapter V Awards and punishment
Section 1 Awards
Article 84
Seafarer awards are categorized into the following:
1. Appreciation
2. Merit.
3. Written commendation or medal.
Article 85
Any seafarer that meets any of the following conditions shall be eligible for appreciation:
1. Outstanding achievement handling specific events.
2. At least three consecutive years of hard work with no negligence.
Article 86
Any seafarer that has any one of the following circumstances shall be eligible for a merit award:
1. Special merit for ship maintenance and repair.
2. Rescue merit for a vessel in distress.
3. Protecting national interests without conceding to stress.
4. Supported various patriotic movements or started and promoted patriotic donation activities.
5. Provided marine knowledge and technology that made an important contribution toward developing the shipping field.
6. Promoted citizen diplomacy with specific results.
7. Other noteworthy achievements.
Article 87
Any seafarer that meets any one of the following circumstances shall be eligible for a written commendation or medal:
1. Had excellent performance for more than ten years.
2. Special merit in rescuing the vessel or other vessels in danger.
3. Outstanding achievements in government loyalty.
4. Preemptively notified or assisted in a major accident to prevent damage to the ship.
5. Innovation or research that improved ship equipment.
Section 2 Punishment
Article 88
Deleted
Article 89
Any seafarer that meets any one of the following circumstances shall be subject to receiving a warning:
1. Failure to or undue report to the Maritime Administration as required by law.
2. Refusal to a request for assistance made by the Maritime Administration, R.O.C. embassies, representative offices, or other institutions authorized by the Ministry of Foreign Affairs without a valid reason.
3. Non-compliance in daily life whether through word or deed.
4. Failure to comply with medical examination requirements.
5. Loss of Seafarer Service Book, certificate of competency, certificate of endorsement, or other important documents without a valid reason.
6. Relatively minor inappropriate conduct or an unauthorized undertaking pursuant to law or duty.
Article 90
Any seafarer that meets any one of the following circumstances and that is confirmed to have done so by the Maritime Administration shall be subject to receiving a penalty point:
1. Insubordination to a superior’s orders or commands.
2. Absent without leave or absent beyond permitted leave.
3. Dereliction of duty.
4. Non-compliance with an employer’s instructions within the scope of business monitoring.
5. Non-compliance with provisions of the employment contract.
6. Negligence that results in vessel failure, sailing delay, or any damage to passengers or cargo.
7. Caused disaster or loss because of violating navigational safety regulations.
8. Mismanagement or dereliction of duty that results in damage to the ship’s machinery, equipment, or accessories.
9. Severe circumstances of default or an unauthorized undertaking pursuant to law or duty.
Article 91
A seafarer that commits any one of the following offenses, as confirmed by the Maritime Administration, shall be punished with a demotion or withdrawal of Seafarer Service Book for a time period between three months and two years:
1. Severe insubordination toward a superior’s order or command.
2. Absent without leave, absent beyond the permitted leave, or absence without leave for the first time in a foreign country.
3. Severe dereliction of duty.
4. Severe non-compliance with an employer’s instructions within the scope of business monitoring.
5. Severe non-compliance with provisions of the employment contract.
6. Improper operation or use of the ship’s machinery, equipment, or facilities that results in casualties.
7. Instigates seafarers aboard the same ship to organize collective strikes or slowdowns that affect navigation safety.
8. Causes trouble to or wounds people on board.
9. Purposefully destroys relevant seafarer documents to destroy evidence, forges documents’ information, or possesses forged seafarer certificates.
10. Organizing a crowd for the purposes of gambling, which negatively affects work and disrupts the ship’s order.
11. Violates navigational safety regulations, resulting in severe losses.
12. Severely improper management of the ship’s machinery, equipment, or appliances or dereliction of duty that results in a shipwreck.
13. Coercing or forcing the master or other seafarers to not perform their duties according to law.
14. A master who changes the scheduled voyage for a reason other than incident, sea rescue, or force majeure.
15. A master that permits carrying passengers or cargo in excess and continues sailing without objection.
16. Any conduct that violates government ordinances or regulations related to navigation.
17. Inflicts violence on a seafarer on board, threatening personal safety.
18. Any misconduct that purposely destroys the ship or its equipment or accessories.
19. Severe circumstances of default or an unauthorized undertaking pursuant to law or duty.
Article 92
A seafarer that commits any one of the following offenses, as confirmed by the Maritime Administration, shall be punished by Seafarer Service Book withdrawal for two to five years:
1. Assume other seafarer’s duty or have other seafarers assume one’s duty.
2. Violation of safety rules that results in serious disaster or losses.
3. Severely improper management of the ship’s machinery, equipment, or accessories or dereliction of duty that causes a shipwreck.
4. Severe consequences due to a seaman coercing or forcing the master or other seamen to not perform their duties according to law.
5. Causes severe harm to the national reputation and interests.
6. Harassing or wounding another, resulting in death and which shall result in a prison term of at least three years.
7. Failure to comply with provisions of the employment contract, resulting in disturbances that create hard times for the ship.
8. Severe instance of purposely destroying the ship or its equipment or accessories.
9. A master or department head fail to report their knowledge regarding a seaman’s conduct that threatens national security.
10. The second instance of disembarking without permission in a foreign country.
11. Severe instance of default or an unauthorized undertaking pursuant to law or duty.
Article 93
Seafarers that smuggle cargo or people into or out of the country shall be punished as follows, in accordance with the frequency and circumstances of their acts:
1. Seafarers confirmed to have violated customs anti-smuggling regulations with a smuggled dutiable value of imported or exported goods more than the FOB value of NT$100,000 shall be punished by the withdrawal of Seafarer Services Book for three months for the first offense, six months for the second offense, one year for the third offense, two years for the fourth offense, and five years for the fifth offense and subsequent offenses.
2. A seafarer that has violated the “Punishment of Smuggling Act” and “Tobacco and Alcohol Administration Act” regulations and has been sentenced by the courts, regardless of whether said seafarer is on probation or not, shall have his Seafarer Service Book withdrawn for one year for the first offense, two years for the second offense, and five years for the third offense and subsequent offenses.
3. Department heads of a vessel, such as the master, chief mate, chief engineer officer, boatswain, chief mechanic head (including head of fuel and head of fire ignition), and purser (head of meal), that are found smuggling cargo or people into or out of the country shall receive double the punishments set forth in the provisions of the preceding two paragraphs.
4. Seafarers found to be transporting unauthorized guns, ammunition, or drugs or smuggling people into or out of the country shall have his Seafarer Service Book withdrawn for five years.
5. Seafarers who are aware of the four aforementioned circumstances and not only fail to identify and report it, but also help to conceal it, shall be punished by fine points in accordance with the seriousness of the misconduct or have his Seafarer Service Book withdrawn for three months.
A seafarer having committed the offense in the preceding paragraph who has been punished for less than three years shall not be permitted to work on the original route.
Article 94
In order for the Maritime Administration to recover a Seafarer Service Book, the following regulations shall apply:
1. Prior to recovering the Seafarer Service Book, the Maritime Administration shall notify the seafarer in writing. Regarding a seafarer involved in committing a crime, said action shall be done after the court sentence.
2. The recovery period of the Seafarer Service Book shall start from the date that the seafarer has the book withdrawn. Such seafarers shall apply to the Maritime Administration to return his/her book after the withdrawal period expires; if they do not do so without a legitimate reason, the Maritime Administration may directly cancel the book.
3. If a seafarer is to be punished by Seafarer Service Book withdrawal but disembarks in a foreign country without approval and is subsequently repatriated by a foreign government or automatically returned to the Taiwan area, the Maritime Administration shall send a letter to the seafarer’s company to immediately recover his/her Seafarer Service Book.
4. When imposing Seafarer Service Book withdrawal punishment, any certificate of competency or certificate of endorsement shall also be revoked or canceled.
Article 95
With the exceptions of penalties stipulated by regulation, regarding seafarers with conduct involving criminal accusations, the navigation agency shall transfer the case to a judicial organ to be processed according to law.
Article 96
The Award and Punishment of seafarers will be designated by the Maritime and Port Bureau.
Article 97
A seafarer who is either awarded or punished shall have such registered in the awards and punishment column of the Seafarer Service Book by the Maritime Administration for the purpose of future evaluation.
A punished seafarer whose warning has exceeded one year and fine points have exceeded three years shall be exempt from the possibility of re-registration in the Seafarer Service Book.
A seafarer punished with one year of Seafarer Service Book withdrawal and has not committed the same misconduct for seven years after recovering the book or a seafarer punished with more than one year of Seafarer Service Book withdrawal and has not committed the same misconduct for ten years after recovery of the book shall be exempt from recording the misconduct in the Seafarer Service Book.
Article 98
Any application forms referred to in these regulations shall be separately stipulated by the relevant competent authorities.
Article 99
These regulations shall take effect starting from the day of promulgation. However, Articles 36, 83-2, and 83-3, which have been amended, shall take effect on August 20, 2013.
Web site:Laws & Regulations Database of The Republic of China