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

Print Time:2022/12/05 03:57
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Chapter Law Content

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