Goto Main Content
:::

Chapter Law Content

Title: The Commercial Port Law CH
Category: Ministry of Transportation and Communications(交通部)
Chapter 6 Marine Rescue, Salvaging Management, and Foreign Merchant Ship Control Check
Article 53
If a ship strands, sinks or becomes malfunctioned and adrift outside the commercial port area due to beaches or other accidents, then the commercial port authority should order the master and ship owner to adopt necessary contingency measure, and salvage, remove ships and loaded cargo to the designated area in a limited time period.
Regarding situations of the preceding paragraph, when necessary, the commercial port authority should adopt contingency or treatment measures. The ship owner is responsible for the fees caused by these measures.
Before the master and ship owner of the ship that is stranded, sunk, become malfunctioned and adrift has removed their ship, or under the possibility that he will not do so, the commercial port authority can request the ship owner to pay a financial guarantee equal to the amount of removing the ship. Before the ship owner has paid their guarantee, the commercial port authority can limit the departure of their personnel.
Article 54
Relevant operations such as salvaging sunken ships, materials, and shipbreaking, should report their contract and operational plan to the commercial port authority to be able to start operations.
The operational plan mentioned in the preceding paragraph should include information such as the applicant, basic information, location, amount, working method, oil pollution prevention measure, labor safety and health measure, and construction period.
If the owner of the sunken ship or material is unclear, the commercial port authority should publicly announce its basic information, location, and amount for three months, till it can start to salvage.
If the owner of the sunken ship or material cannot be informed or has not salvaged within the noticed time period, rules of the preceding paragraph can be used.
Article 55
When engaging in salvaging sunken ships, materials, and shipbreaking, constructions should be made according to the operational plan approved by the commercial port authority. No harbor waterway facility can be damaged. Ship navigation safety should also not be influenced.
If above mentioned operations cannot be completed within time limit, then a description of the event should be made in 7 days, to apply for an extension.
Article 56
The starting and ending date of the salvaging sunken ships, materials, and shipbreaking operations should be reported in written form to the commercial port authority before the actual day or second day the operation starts.
After the operations of the preceding paragraph has completed, the applicant should consult with commercial port authorities, relevant authorities, businesses, or groups to approve completion.
Article 57
In order to maintain ship navigation safety and assist vessels in distress, competent authorities can appoint or entrust other authorities or business institutions to handle coastal radio and task control center business.
Article 58
The Procedures for Port State Control and its regulations announced by the commercial port authority according to the International Maritime Organization or other relevant authorities, should implement examination of ship certificate, security , equipment , crew quotas and other matters towards the entrance and departure of foreign merchant ships.
Article 59
When the commercial port authority executes foreign merchant ship control examination, they should hand it to the master to sign after information have been recorded in the inspection record. If there are any violations, the commercial port authority has to be improved in a limited time.
After foreign merchant ships have made improvements according to the preceding paragraph, they should request the commercial port authority for reexamination, and pay for the reexamination fees as well. The amounts should be stipulated by the commercial port authority, and check and ratified by competent authority.
Article 60
When foreign merchant ships seriously violate control examination regulations, influence ship navigation safety of ship personnel, and can seriously threaten marine environment, the commercial port authority have to retain ships till improvements are completed, in order for them to be approved to navigate.
Where foreign merchant ships violate control examination regulation, our country has no repairing equipment technology, and no accessory material to provide to change or retain illegal ships. Those that will influence port safety or public interests, have to produce entry level verification proof, and receive approval from commercial port authority to be able to navigate.