The present Regulations are prescribed pursuant to the first paragraph, Article 87, The Law of Ships. If there shall be any incompleteness in the present Regulations, the provisions of relevant laws, regulations or rules shall apply.
The term "classification society" used herein shall mean the domestic classification society entrusted, appointed or recognized by the Ministry of Transportation and Communications (MOTC) to deal with the provisions of Article 3, and international classification society recognized by MOTC to deal with the provisions of Article 4.
The classification society entrusted by MOTC may deal with:
1. the inspections and certificates set forth in the International Convention for Safety of Life at Sea pursuant to Article 32 of the Law of Ships; and
2. the assignments, markings, and certification of load lines pursuant to Article 45 of The Law of Ships;The domestic classification society appointed or recognized by MOTC may deal with:
1. the inspections of ROC-flag ships abroad pursuant to Article 31 of the Law of Ships;
2. the classification surveys and certification thereof for ROC-flag ships pursuant to Article 33 of The Law of Ships;
3. the measurement of the ships built or acquired abroad pursuant to Article 37 of The Law of Ships;
4. the surveys of the items included in international conventions and the ship classification in order to exempted from the issue of the ship inspection certificate pursuant to Article 33 of The Law of Ships; and
5. Other matters appointed by the MOTC.
The international classification society recognized by MOTC may accept to deal with the following matters at the request of the owner or master of a ship:
1. the inspection of a ROC-flag ship at a foreign port where none of domestic classification society is available, pursuant to the proviso, Article 31 of The Law of Ships;
2. the classification survey and certification thereof for the ROC-flag ship, pursuant to Article 33 of The Law of Ships; and
3. Measurement of the ship built or acquired abroad pursuant to Article 37 of The Law of Ships;
The domestic classification society shall deal with those matters specified in Article 3 in accordance with the regulations, rules, or orders issued by the MOTC, the relevant international conventions ratified and approved to adopt by the Government, and the ship technical rules approved by MOTC.
After surveying a ship and issuing the certificate thereto pursuant to Article 3, the domestic classification society shall send the counterpart of such certificate and the survey report to the shipping administration authority of the port of registry for filing.
When conducting a survey entrusted by MOTC, the domestic classification society shall assign a MOTC licensed exclusive surveyor to take charge of such survey and issue various certificates with effective periods of no more than five months, or to endorse the existing certificates to the effect of survey. However, in case of unavailability of such a surveyor in foreign ports, a non-exclusive surveyor may be assigned.
The domestic classification society who obtains various basic data and drawings from the initial survey shall submit the same to the shipping administration authority of the port of registry for filing.
If some substantial event occurs, for which the important decision shall be made, when conducting the survey entrusted by MOTC, the domestic classification society shall report the same to MOTC in advance for approval or filing.
The domestic classification society shall summarize the survey reports once every month, and submit the same in the end of the following month to MOTC for filing.
The international classification society recognized by MOTC shall produce, and have the assigned surveyor endorse, the report of the survey on a ship pursuant to Item 1 of Article 4. The report shall then be delivered to the owner or master for transmitting to the shipping administration authority of the port of registry for processing.
The international classification society recognized by MOTC shall deliver the counterparts of the survey report and certificate thereof, produced from the classification survey of a ROC-flag ship pursuant to Item 2 of Article 4, to the owner or master for transmitting to the shipping administration authority for filing.
The international classification society recognized by MOTC shall deliver the computations with regard to the measurement, made by its surveyor pursuant to Item 3, Article 4, to the shipowner or master for transmitting to the R.O.C. embassy, consulate, or shipping administration authority for issuing Tonnage Certificate.
The international classification society recognized by MOTC shall conduct the inspections and measurements specified in Item 1 and 3 of Article 4 in accordance with the provisions issued by MOTC with regard to the inspection, measurement and equipment of ships.
MOTC shall properly approve the establishment of domestic classification society depending on the situations that may be practical.
The domestic classification society shall be a juridical persons under the supervision of MOTC.
The rules of subscription, working rules, accounting systems and ship's technical rules as well as the undertakings other than as specified in Article 3 shall be submitted to the MOTC for approval.
The domestic classification society shall file with MOTC its registers of directors (supervisors) and major managers, or the minutes of the board of directors (supervisors) meetings.
In the domestic classification society there shall be a chief surveyor in charge of all matters in respect of surveys, with a survey department to handle the surveys. The certificates, issued by a domestic classification society, and effective for a period over five months, shall be subscribed by the chief surveyor.
The domestic classification society shall file with MOTC the following information of its surveyors upon employment:
1. The names, ages domicile places and residences of surveyors;
2. The numbers and dates of issuing of surveyors' licenses, if any, or the academic and experience backgrounds of the surveyors if they do not hold licenses; and
3. The duties and work places of surveyors.
The filing shall be made for the reasons and the dates of termination of employment of surveyors.
The exclusive surveyors employed by a domestic classification society shall not undertake any job for the state-owned and private shipping companies or shipbuilders concurrently.
The domestic classification society shall establish branch offices and station its exclusive and non-exclusive surveyors in the important ports in home and foreign countries. The lists of the names, addresses and telephone numbers of the branch offices, and the exclusive and non-exclusive surveyors and employees shall be filed with the MOTC in the end of the month of January every year. The filing shall be made immediately in case of occurrence of alteration thereof.
The domestic classification society shall set up a research department for collecting from time to time the newly established or amended international conventions and international technical rules of ship's survey, used for research, analysis, and making conclusions and recommendations for submitting to MOTC or relevant authorities for adoption or reference.
The domestic classification society shall provide with various equipment and machinery necessary for the survey of ships.
The domestic classification society shall prepare the register of ships for recording from time to time the names, owners, main particulars, ship classification and various survey data relating to the ships surveyed.
The domestic classification society shall submit, in advance, the tariff of survey fees to the MOTC for approval. The said requirement shall be also applicable to any revision of such fees.
Any domestic classification society, which shall assign its personnel to attend an international meeting, shall secure the approval from the MOTC in advance.
The MOTC may order any domestic classification society to make corrections within a time limit to any inappropriateness found in performing the provisions of Article 3. Failure to do so may cause MOTC to revoke the entrustment, appointment or recognition.
Any surveyor of a domestic classification society committing any serious negligence or willful violation of duty shall be liable to the MOTC in the suspension of service for six months upward to one year depending on the seriousness of the case, and in the surrender of the license. Any case involving the criminal responsibility shall be brought to the court for trial.
The MOTC shall withdraw the license of any surveyor and notify the domestic classification society to terminate his employment, if the surveyor:
1. has been convicted the crime of treason, or is wanted due to some case that has not been concluded;
2. has been sentenced one year or more in prison without probation;
3. has been deprived of civil rights, which have not been resumed;
4. has been declared bankrupt, and his/her right has not been resumed;
5. has violated the provisions of the preceding article, therefor he/she has been punished by the suspension of service two times or more, or has been sentenced to imprisonment; or
6. violates the provisions of Article 21.
Any international classification society recognized by MOTC commits one of the following violations when conducting the inspections, surveys or measurements of ROC-flag ships shall be liable to the MOTC in the revocation of recognition:
1. It violates the provisions of Article 11 through 14; or
2. It neglects or violates the obligations that are required for performing duties.
Any inspection, survey or measurement of a ROC-flag ship, though made by laws by a classification society, shall be invalidated by MOTC pursuant to the reporting from the shipping administration authority that the classification society commits a substantial error or negligence that affects the navigational safety or the country's interest. In the meantime, the authority shall notify the owner of the ship that the application for re-inspection, re-survey or re-measurement shall be made accordingly.
The present Regulations shall come into force on the day of promulgation.
(The English translation is for reference only. In case of discrepancy between the Chinese and English versions, the Chinese version shall prevail.)