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

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Chapter 1 General Principles
Article 1
These Regulations are enacted in accordance with Paragraph 3, Article 46 and Paragraph 3, Article 47 of the Telecommunications Act.
Article 2
The administration of ship radio station shall be prescribed in accordance with these Regulations. The matters not provided herein shall be prescribed in accordance with other laws and regulations or refer to the telecommunication-related provisions of International Radio Regulations and regulations of International Convention for the Safety of Life at Sea(hereinafter referred to as “SOLAS”).
Article 3
The competent authority for these Regulations shall be the National Communications Commission (hereinafter referred to as “NCC”).
Article 4
“Ship radio station” means the transmitting or receiving radio equipment and automatic distress alert equipment installed on board for communication use.
The captain of the ship is in charge of the ship radio station.
Article 5
The ship radio stations are classified into the following:
1. Ship radio station for Global Maritime Distress and Safety System.
2. Ship radio station for Non-Global Maritime Distress and Safety System (hereinafter referred to as “Non-GMDSS”).
Article 6
The communications and related electronic operations of ship radio station should be conducted by seafarers certified by the competent authorities, in charge of agriculture or navigation careers, with the expertise of ship radio communication.
One dedicated seafarer should be designated for the major responsibility of radio communications while a ship is in distress. The radio logbooks should be kept for entering all the detail operation.
Article 7
The performance standard and the installation for the equipment of the ship radio station should conform to the relevant requirements of the Part Seven of the Ship Equipment Regulations.
Chapter 2 Ship radio communication  
Article 8
The VHF radiotelephone communication should not be operated while the ship is in the port except the following:
1. For the sake of urgency events, the ship radio station must communicate with coast station or port station, and there is no other means to communicate except by using VHF radiotelephone.
2. For ship inspectors need.
3. Using only the receiver of radiotelephone.
Article 9
The priority of the operation for the ship radio communication are as following:
1. Distress communication.
2. Urgency communication.
3. Safety communication.
4. Communication for radio navigation and positioning.
5. Communication for the navigational safety relating to the search and rescue operation by aircraft.
6. Communication relating to the navigation and movement of ships, and weather observation messages destined for an official meteorological service.
7. Other communications.
Article 10
Ship radio station should comply with the related regulations of the telecommunications enterprises of each country, transmitting and receiving the messages for seafarers and the passengers, and collecting reasonable fees.
Article 11
The transmission for distress call and message, urgency call and message and the message of emergency positioning-indicating radio beacons of the ship radio station should be operated under the instruction of the captain or his designated representative.
Article 12
Ship, while at sea, shall maintain a continuous watch in accordance with the following:
1. on VHF DSC channel 70, if the ship is fitted with a VHF radio installation and, where practicable, on the radiotelephone distress frequency VHF channel 16, and VHF channel 13 relating to the safety of navigation;
2. on the distress and safety DSC frequency 2187.5 kHz, if the ship is fitted with an MF radio installation;
3. on the distress and safety DSC frequencies 2187.5 kHz and 8414.5 kHz and also on at least one of the distress and safety DSC frequencies 4207.5 kHz, 6312 kHz, 12577 kHz, or 16804.5 kHz, appropriate to the time of day and the geographical position of the ship, if the ship is fitted with an MF/HF radio installation. This watch may be kept by means of a scanning receiver;
4. for satellite shore-to-ship distress alerts, if the ship is fitted with an IMARSAT ship earth station;
5. for broadcasts of maritime safety information on the appropriated frequency or frequencies on which such information is broadcast for the area in which the ship is navigating;
6. on VHF channel 16, if the ship is equipped with the Non-GMDSS station and, where practicable, a maintain watch on the radiotelephone distress frequency 2182 kHz, and VHF channel 13 relating to the safety of navigation.
Article 13
The radio frequency and operation for distress, urgency, and safety communication should be conducted in accordance with the regulations of the Communication Operation Directions for Ship Radio Stations.
The Communication Operation Directions for Ship Radio Stations shall be enacted and promulgated by the NCC.
Article 14
Any ship radio station receiving alarm signal should immediately cease any transmission capable of interfering with the following communication of the aforementioned signal, and maintain a watch on the frequency carefully.
If ship radio stations receive the distress call from ship, which is in their vicinity, and there is no response from the coast station, they should acknowledge receipt at appropriate time and transfer the distress message as well as inform the ship in distress of the responding ship's name and the estimate time of arrival to the site. If the responding ship is not able to go to the site of the ship in distress immediately, the responding ship should inform the ship in distress of the reason.
Article 15
When distress traffic has ceased on a frequency which has been used for distress traffic, or complete silence is no longer necessary for a frequency which is being used for the traffic, the ship radio station for controlling the traffic shall transmit on that frequency a message addressed to all radio stations, indicating that normal working may be resumed .
Article 16
A ship radio station should not transmit the distress signal without approval, or transmit the signal easily confused with the distress signal.
If there is any aforementioned situation, it should be handled in accordance with the Communication Operation Directions for Ship Radio Stations.
Article 17
During the voyage of a ship encountering iceberg, flotage, storm and any situation causing serious damage to ships, the ship should inform the nearest coast station and the nearby ships of the aforementioned situation by using the safety communication.
Article 18
The urgency operation procedure for distress and safety radio communication equipment of ship radio station should be clearly post on the navigating bridge.
The content and format of the aforementioned procedure should be conducted in accordance with related regulations of Communication Operation Directions for Ship Radio Stations.
Chapter 3 The establishment and administration of ship radio station
Article 19
For the establishment and operation of ship radio station, the applicant applying for the establishment permit shall file an application to the NCC. Those ship radio stations, established in the foreign country and inspected by the institutes commissioned or approved by the NCC ,or only the inspected DSB radiotelephones, installed on ship, may be waived the establishment permit and directly apply for the license of ship radio station.
The permit is valid for six months. If the applicant fails to complete establishment prior to the expiration date of establishment, the applicant shall state the reasons by document and apply to the NCC for extending the establishment period for another six months. Such application shall be made one month prior to the expiration date of establishment period and limit to once.
The application as mentioned in paragraph 1 shall specify and submit the following:
1. The name, address and telephone numbers of the applicant; and registered name, number(or small ships ID No.), gross tonnage, length, category, navigation area and registered port of the ship; type of the radio station, the related information of the radio equipment.
2. In addition to the aforementioned information, the fishing vessels shall specify the unified number of fishing vessel, the area of fishing operation, and fishery association the fishing vessel belongs to.
The owner of the ship may submit the specification of the radio equipment to apply for the establishment permit of additional radio equipment within the valid period of the ship radio station license.
Article 20
A ship radio station completing the establishment according to the previous Article shall apply for inspection from the NCC, or the institutes commissioned or approved by the NCC. It shall be put into operation only after passing the inspection and a license is issued by the NCC.
The Ship which is for international voyage and which the International Convention for the SOLAS applies to shall apply for the ship safety certificate or ship safety radio certificate from institutes commissioned or approved by the NCC.
The ship which is on an international voyage and which the International Convention for the SOLAS applies to and the ocean fishing vessel shall apply for inspection to the NCC, or the institutes commissioned or approved by the NCC during the valid period of the ship radio station license: from the start day on, before or after within three months every full year. Arfter passing the inspection, the Inspector signs on the radio license. However, if there are special reasons for ocean fishing vessel that can not be inspected within the Specified time, the shipowner can apply for an extension to the NCC for inspection.
The NCC may inspect the ship radio station when it deems that necessary. The inspection guidelines shall be enacted and promulgated by the NCC.
Article 21
A ship radio station license shall be valid for five years.
Within three months prior to the expiration date of the aforementioned license, the ship owner shall apply for license renewal in line with the following procedures:
1. Ship owners of ocean fishing vessels or ships taking international routes shall apply to the NCC or the institutes commissioned or approved by the NCC for ship radio station inspection. The station shall be issued with a license only after passing the inspection.
2. Ship owners of ships other than those mentioned in the preceding subparagraph may submit a self-inspection form (as attached) to the NCC for license renewal of the ship radio station; the license shall be renewed by NCC after passing the review. However, the NCC may conduct an inspection when deemed necessary and shall renew the license after the inspection has been passed.
3. The ship mentioned in the preceding subparagraph shall only be fitted with DSB radiotelephone equipment or a handheld two-way VHF radiotelephone station with an output power of less than five watts, being exempt from inspection or review prior to license renewal.
If the owner of the ship changes, the applicant shall apply for the renewal of the ship radio station license.
Should the license be lost, damaged, or its content changed, the licensee shall apply for replacement, renewal, or correction of the license; the valid period of the license shall be the same as the one it has replaced.
The applicant shall apply to the NCC for the issuance, renewal, replacement, or correction of aforementioned license.
Article 22
(Deleted)
Chapter 4 Supplementary Provisions
Article 23
Penalties shall be imposed for violation of these Regulations pursuant to the Telecommunications Act and other relevant regulations.
Article 24
The applicant applying to establish the ship radio station shall pay the inspection fee and license fee. Those fees shall be subject to the procedure of budget.
Article 25
These Regulations shall come into effect as of the date of promulgation.
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