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Chapter Law Content

Chapter 4 Port area safety and pollution prevention measures
Section 2 Loading or Unloading Dangerous Substances
Article 29
In order to enhance the security of the port area, the maritime and port authority or its designated institution may consult with the appropriate authorities, groups or operators to form a safety task force that monitors or directs the loading or unloading, transport, and storage of dangerous substances, and handles incidents.
Public and private businesses and institutions engaging in the operations of dangerous goods in domestic commercial ports shall regularly report the information on the quantity of stored dangerous goods to the commercial port management enterprise, maritime and port authority or its designated institution. The work shall be conducted according to the regulations of the operating manual for dangerous goods in port areas as drafted by the maritime and port authority or its designated institution.
Article 29-1
Public and private businesses and institutions engaged in the operation of dangerous goods in international commercial ports shall formulate storage and release management plans for the dangerous goods and submit them to the commercial port management enterprise for review; after review, the commercial port management enterprise shall submit such plans to the maritime and port authority for inspection prior to implementation.
Public and private businesses and institutions engaged in the operation of dangerous goods in domestic commercial ports shall formulate storage and release management plans for the dangerous goods and submit them to the maritime and port authority or its designated institution for review prior to implementation.
The storage and release management plan of the dangerous goods mentioned in two prior paragraphs shall contain the following contents:
1. Basis.
2. Purpose.
3. Range of location.
4. Site information.
5. Control of storage and release zones.
6. Loading/off-loading management.
7. Storage and release management.
8. Regular reporting mechanism.
9. Description of internal control mechanism and hazard prevention.
10. Response measures for accidents
Publicly owned businesses shall carry out the two aforementioned plans after they have been reviewed and approved; the commercial port management enterprise, maritime and port authority or designated institution may request the publicly owned businesses to review and update the plans when necessary.
Article 29-2
Public or privately owned businesses in charge of the loading and storage of dangerous goods in the port area shall designated personnel dedicated to the storage management of dangerous goods. The list of personnel shall be submitted for inspection by the maritime and port authority or designated institution at the end of every January or when there is a shift in personnel positions.
The designated personnel in the previous paragraph shall be trained and qualified by the maritime and port authority, designated institution or other agencies, schools or civil organizations entrusted by the maritime and port authority, and has obtained a certificate of training; please see the enclosed form for the regulations on training classification, number of personnel, training hours and training course contents.
Article 30
(cancellation)
Article 31
The ship carrying dangerous substances shall hang a red flag during daytime and a red light at night in the obvious place to warn the other ships not to approach.
Article 32
Except container ship, bow of other ships mentioned in the preceding article shall berth toward the outer port and shall not drop the anchor. However, the aforementioned shall not apply to the ship which could not turn around to berth or must drop the anchor because of the influences of wind and flow velocity in narrowed waters.
The preceding proviso for the ship could not turn around to berth or must drop the anchor because of the influences of wind and flow velocity in narrowed waters, the ship shall pick up the anchor immediately after berthing.
Article 33
For ships carrying dangerous substances, the entrusting person shall fill up an application sheet with the following information within twenty-four hours before the ship arrives at the port and obtain the approval from the commercial port management enterprise, maritime and port authority or its designated institution before operations commence:
1.The classification, UN number, name, nature, quantity of and loading/unloading precautions for the dangerous substances.
2.Name and phone number of the entrusting person.
3.Name and phone number of the supervisor on site.
4.The type and quantity of transport vehicles and their time of arrival at port.
5.Other information that shall be specified.
If the vessel in the preceding paragraph has traveled for less than 24 hours, the matters mentioned in the preceding paragraph shall be provided five hours prior to the ship’s arrival.
Article 34
While accepting an entrusted loading or unloading operation, a wharf and transit shed operator shall stop the operation immediately and have the entrusting person completed related procedures as required if dangerous substances are found that have not been permitted by the commercial port management enterprise, maritime and port authority or its designated institution or are different from the contents of permission.
Article 35
While loading or unloading dangerous substances, the entrusting person shall assign a supervisor to be on site to be in charge of contact and handling abnormal situations. Also, he/she shall work under the supervision of the chief on site assigned by the wharf and transit shed operator.
Article 36
A tanker applying for entering a port for repairs shall have its oil gas cleaned first. The gas free certificate issued by a survey organization shall also be sent to the commercial port management enterprise, maritime and port authority or its designated institution for permission before entering the port.
Article 37
A tanker shall perform oil loading or unloading operations at a place assigned by the commercial port management enterprise, maritime and port authority or its designated institution. During the operation, fences or oil pollution blocking amenities shall also be set up and firefighting facilities shall be in place to enclose the operation area. The operator shall immediately clean the oil spillage or leakage, if any, and notify the commercial port management enterprise, maritime and port authority or its designated institution.
The tanker shall depart from the port or stay in the appointed mooring site, after finishing up loading or unloading of oil, or refilling ballast water, or the inspection of the holds and the detachment of the connecting pipeline.
When other ships are refueling, the first two provisions shall apply.
Article 38
The captain shall comply with all the emergency measures concerning safety with regard to loading and unloading oil or refueling operations adopted by the commercial port management enterprise, maritime and port authority or its designated institution or the oil pumping station under particular circumstances.
Article 39
There should be Class A officers responsible for supervising loading or unloading of oil, checking hold or cleaning hold. It is the minimal requirement to have one officer on duty on the deck and in the two engine departments, respectively.
Article 40
When a ship carrying dangerous substances is loading or unloading or is berthing, the wharf and transit shed operator or the ship operator is entitled to take necessary measures depending on the nature of the dangerous substances.
Article 41
(cancellation)
Article 42
The entrusting person should properly pack dangerous substances and secure with? related marks and symbols according to the IMDG Code. They also must be properly stored by the the wharf and transit shed operators. Authorities may send representatives for a joint inspection if needed.
Article 43
When a ship carrying layover dangerous substances must enter the port again to load / unload other goods or dangerous substances, the entrusting person shall specify in the request form classification, UN number, name, quantity, and storage location of the said layover dangerous substance and submit one copy of the through cargo hold manifest to the wharf/transit shed operator for reference.
The abovementioned ship shall, in compliance with dangerous cargo regulations, not carry specified combinations of dangerous substances. Other cargo holds shall be installed for separation. Cargo holds for the layover dangerous substances shall remain sealed during transit.
Article 44
In case of emergency that occurs during loading or unloading of dangerous substances, the supervisor and technicians on site shall deal with it promptly. The chief on site assigned by the wharf and transit shed operator shall adopt rescue and responsive measures, and report to the related authority.
Article 45
After having finished loading or unloading dangerous substances, the wharf and transit shed operator shall clean up the site and conduct a safety check.
Article 46
When a ship transports dangerous substances into the port area, for the use of the ship or for the port operations, the ship owner shall report to the commercial port management enterprise, maritime and port authority or its designated institution for permission.