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Laws & Regulations Database of The Republic of China (Taiwan)

Print Time:2022/12/10 11:09

Chapter Law Content

Title: Seafarer's Service Regulations CH
Category: Ministry of Transportation and Communications(交通部)
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.
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