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Chapter 3 Ships' Berthing and Laying-up at the Port
Article 10
If a ship cease to load and unload cargoes for more than two hours due to incidents of the ship owner or his/her agent, the cargo owner or his entrusting person, or if a ship fails to depart from the port within two hours after completing its cargo loading or unloading operation, or if a non-operative ship does not depart from the port within two hours after its need of refilling gas or water, rearranging seamen, taking shelter, and repairing work is completed, the commercial port management enterprise, maritime and port authority or its designated institution may ask the ship owner or his/her agent to relocate if such ship affects the allocation work of berths. If the ship owner refuses to relocate upon notice, the commercial port authority may relocate such ship directly. The expenses or damages arising from the above situations shall be paid by the ship owner or his/her agent.
When the ship owner or his/her agent needs to relocate the ship upon his/her own will, he/she shall apply for permission with the commercial port management enterprise, maritime and port authority or its designated institution prior to its action.
Article 11
The owner or his/her agent of a non-operating ship berthing in the port area shall register his contact address with the Commercial Port Management Enterprise, maritime and port authority or its designated institution, and berth his/her ship in the appointed berth and reinforce security measures.
If a ship has exceeded its allowed laid up time period, the commercial port management enterprise, maritime and port authority or its designated institution may ask the ship to relocate or evacuate it to another appointed place. If the ship fails to comply, the commercial port management enterprise, maritime and port authority or its designated institution may directly relocate such ship with the generated expenses paid by the ship owner.
Article 12
For a ship remaining in the port because of a court attachment, it shall depart from the port or relocate to an anchorage outside the port after the attachment has been lifted within the deadline ordered by the commercial port management enterprise, maritime and port authority or its designated institution. If the ship fails to leave the port by the deadline, the commercial port management enterprise, maritime and port authority or its designated institution will relocate the ship directly with the incurred cost to be paid by the ship owner.
Article 13
Scrapping of a ship in the port area shall be done in the area or place appointed by the commercial port management enterprise, maritime and port authority or its designated institution.
Article 14
A ship, which has berthed, shall maintain its mobility at all times. It shall remain at least one-third of seafarers on the deck and in the engine department, respectively, with one Class A officer in each department to take charge and enable the ship to navigate or be able to handle an emergency.
The number of seafarers remaining on the following laying-up ships shall not be restricted by the requirement in the foregoing paragraph once it is reported to and approved by the maritime and port authority or its designated institution:
1. Public service ship.
2. Operation ship.
3. Boat.
4. Yacht.
Article 15
The maritime and port authority or its designated institution shall approve the number of seafarers remaining onboard a ship laying up in the port, to reflect the actual needs, and may assign a representative to inspect it at any time.
Article 16
The on-duty seafarers who remain onboard of a ship that lays up in the port shall keep a navigation and an engine logbooks respectively in detail and accurately record ship's condition, weather conditions and accidents, which the maritime and port authority and its designated institution may randomly inspect at any time.
Article 17
After encountering a serious vibration due to a typhoon, bad weather, or a shift of the berth, the captain of a laying up ship shall supervise those seafarers on duty in examining the ship thoroughly and send a formal report to the maritime and port authority or its designated institution for endorsement. If necessary, the maritime and port authority or its designated institution is entitled to assign a representative to inspect the ship and require the captain to take necessary responsive measures.