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

Print Time:2022/09/29 03:34
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Chapter Law Content

Title: The Seafarer Act CH
Category: Ministry of Transportation and Communications(交通部)
Chapter 6-1 Masters and Assistants of Yachts and Power-driven Small Ships
Article 75-1
The yacht master or the power-driven small ship master shall be at the age of 18 or above, with no maximum age restriction, except for otherwise provided in the Act.
The business-use power-driven small ship master shall not exceed 65 years of age. However, in case the master satisfies physical examination standards and has never been punished for violation of navigation safety for the latest year, the maximum age restriction may extend to the age of 68.
Assistants shall be at the age of 16 or above, with no maximum age restriction. However, in case the business-use power-driven small ship master exceeds 65 years of age, the master’s assistant shall not exceed 65 years of age.
Article 75-2
The yacht masters and power-driven small ships masters shall pass physical examination, and hold a master’s license as stipulated before he/she is allowed to skipper.
Anyone who has been convicted under final and unappealable judgment of a violence under the Act Governing the Control and Prohibition of Gun, Cannon, Ammunition, and Knife, the Punishment of Smuggling Act or the Drug Prevention and Control Act, and sentenced to 6-month imprisonment or above shall not be a yachtmaster and power-driven small ships master.
Article 75-3
Yachts and power-driven small ships may sail only when they are manned with qualified masters and assistants. Provided that no assistant is needed in a ship with a gross tonnage below five or ship with a gross tonnage is five or above but with a passenger quota under 12.
Article 75-4
Any person desiring to engage in establishing a yacht master or power-driven master training organization, shall, by enclosing business plan, apply to the shipping administration authority for passing the joint review and then submitting to the competent authority for approving the establishment of the organization.
The training organization shall complete the establishment within six months from the date the permission was given, and report to the shipping administration authority for transferring the same to the competent authority for permission of operation. Then the organization may start recruiting students therefrom.
If the training organization fails to complete establishment within six month after being given permission of establishment due to reasons not attributable to the organization, it may apply to the shipping administration authority one month before the deadline for transferring the same to the competent authority for permission of one extension with a maximum period of six months. The permission shall be revoked in case the establishment is not completed within the extended period.
The organizations permitted by the competent authority to offer training for power-driven small ship masters before the enactment of the amendment on 11 January 2011 may continue to offer various training for power-driven small ship masters.
Article 75-5
The shipping administration authority may from time to time dispatch a delegation to examine the personnel, training and equipment of the training organizations for yacht masters or power-driven small ship masters, and supervise their operation, as well as conduct annual assessment based on the annual plan and other related information submitted. The training organization shall not evade, impede or avoid such requests.
The content of assessment as mentioned in the preceding paragraph shall include administration and management, instructors’ qualification, ships for training purpose, classrooms, training venues, teaching materials, teaching tools, fees, class condition of academic and technical subjects, research and development, etc.
For the training organizations who fail the annual assessment, the shipping administration authority shall order the organizations to make necessary rectification within a given time limit and to then effect the re-assessment. The organization concerned shall not recruit or train students before it passes the re-assessment.
Article 75-6
Regulations on the qualifications of the yacht masters and power-driven small ship masters, their standard for physical examination, training, testing, issuance of master ’s license, imposition of licensing fee, safety quota, assistants’ standard for physical examination, safety quota, and the establishment of an master training organization, application/annulment of permission, offering of classes, admission procedures, qualifications of the students under training, training programs, training facilities, instructors’ qualifications, imposition of training fee, refund of fees, annual assessment, training management and other matters shall be set down by the competent authority.
Article 75-7
Articles 69, 70 and 71 to 75 shall apply mutatis mutandis to yachts and power-driven small ships.
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