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Chapter Law Content

Title: The Commercial Port Law CH
Category: Ministry of Transportation and Communications(交通部)
Chapter 4 Security and Pollution Prevention
Article 19
The ship owner or her agents shall fill in a prior declaration form for ship’s entrance or departure for international commercial ports, 24 hours before the ship’s arrival, or 12 hours before the ship’s departure, and file the form with the commercial port authority for inspection and arranging berthing. However, if ships due to certain matters arrive in 12 hours after departure, entrance procedures should be handled again after commercial port authorities have given their approval.
The ship owner or her agents shall fill in a prior declaration form for ship’s entrance or departure for domestic commercial ports, 24 hours before the ship’s arrival, or 12 hours before the ship’s departure, and file the form with the commercial port authority for inspection and arranging berthing. However, if ships due to certain matters arrive in 12 hours after departure, entrance procedures should be handled again after commercial port authorities have given their approval.
Regarding the goal and ship status of the entrance of ships actually entering the port that do not fit with the prior declaration of the entrance of ships, the owner of the ship and its representative should make amends accordingly.
If the ship is likely to affect the functions and the public security of the commercial port, the commercial port authority is entitled to reject the application for her entrance into the port until such a possibility no longer exists.
Article 20
A ship shall hoist the ROC national flag, the national flag of her registration port, and the call sign flags, while entering or departing from a port.
Article 21
When a ship encounters an emergency event and requires urgent berthing, the commercial port authority consults with relevant authorities to inspect the situation, and is entitled to reject the application for her entrance into the port when one of the following conditions is met:
1.A ship carrying dangerous cargoes
2.Commercial port that cannot handle a ship that carries people who have been subjected to or seem to be infected with infectious diseases, that will influence national epidemic prevention safety
3.Body of ship has been seriously damaged, or the ship is in danger of sinking.
4.Other violation of regulations or no need of entering the port.
Article 22
Ships berthed inside the commercial port should shall immediately adopt emergency measures to prevent danger or remove or depart from the port according to the instructions of commercial port authorities.
When ships do not remove or depart from the port according to the instructions of commercial port authorities, then commercial port authorities may take necessary measures.
When ships berthed inside commercial ports encounter disaster, then commercial port authorities may remove its location, even remove it outside the port according to the actual situation.
Article 23
Entrance of ships should berth at the location or anchorage arranged by commercial port authorities. When emergencies occur, emergency stopping can be made in the condition that it does not influence commercial port safety, with the situation later reported to the commercial port authorities in written statements.
Article 24
A nuclear ship or a ship carrying nuclear materials shall not enter the port in the absence of prior approval by the atomic energy administration authority.
The ship mentioned in the previous paragraph shall accept the inspection by the commercial port authority if necessary. If it is likely to cause dangers to public security, the master shall take reaction immediately, and notify, in a priority method, the commercial port authority for taking urgent measures.
Article 25
A ship, which carries the dangerous cargoes of explosive, compressive, inflammable, oxidizable, poisonous, epidemic, radioactive and corrosive substances, shall apply to the commercial port authority for a berthing site, before entering the port.
While loading or unloading dangerous cargoes within a port area, the ship shall obtain a prior permit from the commercial port authority. The commercial port authority shall order cargo owners to provide transport vehicles and take instant delivery of the cargoes to leave the port, if the cargoes are highly hazardous. Other dangerous cargoes, which cannot be moved from the port immediately, shall be stored at a place or site designated for dangerous cargoes, and kept in proper way.
A ship, which carries dangerous cargoes, shall hoist red flags during daytime and red lights during the nighttime, at the positions where they are most conspicuous.
Article 26
A master shall, immediately after entering the port, report to the commercial port authority his/her findings, in the present routing, of newly-formed sand beach, submerged reefs, or other new obstacles, which are likely to affect navigation safety.
The commercial port authority shall announce the findings and set up warning signs for those newly-formed sand beach, submerged reefs or other obstacles, which would affect the navigation of ships, found in the commercial port area or nearby water areas.
Article 27
When a ship encounters a maritime casualty or other accidents within the commercial port area, the master shall immediately adopt emergency measures to prevent dangers and report to the commercial port authority, in a priority method, for salvage operation.
Article 28
In the absence of permission from the commercial port authority, no ship is allowed to give signals, set off fireworks, or detonate explosives within a commercial port area. When encountering a fire or an emergency event, a ship shall whistle and ring a bell. It shall also hoist a warning flag during daytime, and set off signal light, signal fire or flashlight during the nighttime.
Article 29
While navigating within a commercial port area, a ship shall not sound siren or signals unless it is necessary to comply with rules of preventing collision, or warn an urgent situation or emergency event.
Article 30
A ship shall load or unload cargoes, embark or disembark passengers and seafarers at the site or place appointed by the commercial port authority.
Article 31
While navigating within commercial port area, a ship shall cruise at a reduced speed, and shall not overtake other ships in a narrow navigation channel or obstruct the safe navigation of other ships.
Article 32
In the absence of permission from the commercial port authority, a ship, which is in a commercial port area, shall not fasten barge or any small boat alongside the ship. If the ship is equipped with an outstretching beam, which might obstruct navigation of other ships, the beam shall be taken in or put aside.
While tugging another ship within a commercial port area, a ship shall comply with those rules provided by the commercial port authority.
Article 33
A ship, which is navigating or berthing in a commercial port area, shall comply with the rules of prevention of collision and other relevant regulations provided by the commercial port authority.
Article 34
The commercial port authority shall dismantle the location and the luminosity of the land-based lights in the place neighboring the port entrance or exit, if such lights may be mistakenly taken as port navigation lights or may affect the visibility of port navigation lights. The Commercial Port Administration Authority is designated to dismantle the lights of international commercial ports, while the commercial port authorities are designated to dismantle the domestic commercial ports.
Article 35
The personnel and vehicles entering the commercial port control area shall apply to the commercial port authority for a pass, and subject to the inspection of the port police.
Article 36
The following acts are prohibited within a commercial port area:
1. Anchoring in an area where submarine cables or pipelines are crossing.
2. Raising and catching marine life.
3. Any other acts which may affect the safety of the port area.
In accordance with Section 2 in the preceding Paragraph, the commercial port authority and related registered associations may coordinate to set measures and to delimit a fishery area for the public without affecting port operations, safety and causing pollution.
Article 36-1
Within the specified scope of the commercial port area it is prohibited to engage in remote-controlled unmanned aerial vehicle flight activities without application for permission; regarding prevention and violations, the Commercial Port Administrative Authority, Maritime and Port Bureau or the designated agencies may take appropriate measures as need.
The specified scope of the commercial port area referred to in the preceding Paragraph shall be announced by the Maritime and Port Bureau or the designated agencies.
The regulations governing the review procedures, required documents, terms and conditions, management, revocation of permission and other matters to be complied with in the application for permission referred to in Paragraph 1 shall be prescribed by the MOTC.
Article 37
The following acts that pollute the commercial port are prohibited within a commercial port area:
1.Ships that emit toxic liquids, toxic substances, harmful substances, sewage, oil and water or other contaminants.
2.Construction, repair, dismantling, cabin cleaning or salvage, and pollution causing behavior of ships.
3.Loading, unloading, transportation, repair, or other operations that causes seawater contamination or waste disposal behavior.
4.Ship exhausting, loading and unloading, transportation, vehicle transport, or visual the piled area, to see the behavior of particulate pollutants discharged or dissipated into the air.
Article 38
Waste oil , waste, or other pollutants of ships within the commercial port area should be kept on the boat or emission to the reception facilities on shore.
Pollutions mentioned above that can be emission to the reception facilities on shore should entrust private-owned waste removal authorities.
Article 39
When ships within the commercial port area encounter accidents on the beach, or other accidents that pollute the water area, the master and ship owner have to immediately adopt measures to prevent, remove, or reduce pollution, and instantly notify commercial port authorities.
If the master and ship owner did not take any measures causing the pollution to enlarge, then the commercial port authorities can take necessary actions. The ship owner will be responsible for all costs. Not until all costs are paid up, ships belong to such company may not leave the port.
Article 40
The following acts made within the commercial port area shall apply for a permit from the commercial port authority:
1.Fastening ropes, fittings or boats to a buoy, beacon and other navigational aids.
2.Berthing or towing bamboo rafts, timber rafts or other materials.
3.Collecting mud, sands or pebbles.
4.Scrapping ships, and repairing ships in locations that are not shipyards.
5.Storing ships or materials on the land within the port area.
6.Laying, changing or dismantling those pipelines of water supply, sewage, petroleum or chemicals, and electrical and telecommunication equipment.
7.Constructing, repairing or dismantling railways or road.
8.Dredging or exploding operation.
9.Placing life boats or diving. However, this situation is not limited to emergency or rescue events.
10.Other facilities, which may affect the operations and functions of the commercial port.
Article 41
Commercial port authorities should designate a disaster prevention and business plan, and report to competent authorities to check and ratify.
Preceding plan should be regularly reviewed regularly, and when necessary, these reviews should be carried anytime.
When disasters or emergencies occur within the commercial port area, commercial port authorities have to mobilize the personnel and equipment of public-owned business authorities within the commercial port area. Commercial port authorities should also cooperate with competent authorities.
Various public-owned business agencies within the commercial port area should cooperate with commercial port authorities to implement disaster prevention drill and training.
Article 42
Commercial port administration authority should handle various international commercial port security assessment tasks, and plan out security assessment report accordingly. These reports and plans should be sent to the commercial port authority for ratification.
Various public-owned business agencies within the international commercial port area should handle security assessment tasks of port facilities according to the preceding plan. Security assessment report and security plan should also be planned accordingly. These reports and plans should be sent to the commercial port authority for ratification.
Article 43
Commercial port authority should verify and test the security facilities and security business of various public-owned business agencies within international commercial port areas. Furthermore, those that are verified and tested should not avoid, hinder, or refuse these tests. If deficiencies are found in inspection results, they should be informed to make corrections in a limited time.
During the verification and testing of commercial port authorities in the preceding paragraph, port police authorities etc. should be consulted to do the handlings.
Article 44
Article 15 to Article 20, Article 23 to Article 25, Article 28 to Article 34, Article 36 to Article 40, that are relevant to ship entrance and departure, berthing, suspending ship service, hindrance of port safety, port pollution, hinder of loading and unloading of port facilities and dangerous items, control of ships encountering danger or taking refuge, and management of ship repair etc. port management regulations, should be stipulated by competent authority.