SAFE OPERATION OF REGULAR RO-RO FERRY
AND HIGH-SPEED PASSENGER CRAFT [ S.234.35 1
SUBSIDIARY LEGISLATION 234.35
MERCHANT SHIPPING (SAFE OPERATION OF 
REGULAR RO-RO FERRY AND HIGH-SPEED 
PASSENGER CRAFT SERVICES REGULATIONS
1st April, 2004
LEGAL NOTICE 433 of 2003.
Short title, 
commencement 
and scope.
1. (1) The title of these regulations is the Merchant Shipping
(Safe Operation of Regular Ro-Ro Ferry and High-Speed Passenger
Craft Services) Regulations.
(2) These regulations shall come into force on the 1st April,
2004.
(3) These regulations adopt the measures contained in Council
Directive 1999/35/EC of 29 April 1999 in its up-to-date version,
hereinafter referred to in these regulations as Council Directive
1999/35/EC.
Interpretation.
requires -
Cap. 234.
''1974 SOLAS Convention'' means the International Convention
for the Safety of Life at Sea signed in London on 1 November
1974, together with Protocols and amendments thereto ratified or
acceded to by the Government of Malta, in its up-to-date version;
''administration of the flag State'' in the case of Maltese ships
means the Registrar-General and in the case of other ships means
the competent authority of the State whose flag a ro-ro ferry or a
high-speed passenger craft is entitled to fly;
''certificates'' means:
( a ) for ro-ro ferries and high-speed passenger craft
engaged on international voyages, the safety
certificates issued under the 1974 SOLAS Convention
together with the relevant records of equipment and
where appropriate exemption certificates and permits
to operate;
S.L. 352.16
( b ) for ro-ro ferries and high-speed passenger craft
engaged on domestic voyages, the safety certificates
issued in accordance with the Commercial Vessels
Regulations, together with the relevant records of
equipment and where appropriate exemption
certificates and permits to operate;
''Code for the Investigation of Marine Casualties'' means the
Code for the Investigation of Marine Casualties and Incidents
adopted by the International Maritime Organization by means of
Assembly Resolution A.849(20) of 27 November 1997, in its up-to-
2 [ S.L.234.35
SAFE OPERATION OF REGULAR RO-RO FERRY
AND HIGH-SPEED PASSENGER CRAFT
date version;
''company'' means a company operating one or more ro-ro ferries
to which a document of compliance with the ISM Code has been
issued in compliance with Article 5(2) of Council Regulation 3051/
95/EC of 8 December 1995 on the safety management of roll on
roll off passenger ferries (ro-ro ferries) or a company operating
high-speed passenger craft, to which a document of compliance has
been issued in accordance with Regulation IX/4 of the 1974
SOLAS Convention;
''Council Directive'' or ''Council Regulation'' means a directive or
regulation of the Council of the European Union published in the
Official Journal of the European Union, as the case may be;
''deficiency'' means a condition found not to be in compliance
with the requirements of these regulations;
''domestic voyage'' means a voyage in sea areas within the
territorial waters of Malta from any port in Malta to the same or
another port in Malta;
''exemption certificate'' means any certificate issued under the
provisions of Regulation I B/12(a)(vi) of the 1974 SOLAS
Convention;
''High-Speed Craft Code'' means the International Code for
Safety of High-Speed Craft as defined in the 1974 SOLAS
Convention;
''high-speed passenger craft'' means a high-speed craft as defined
in Regulation X/1 of the 1974 SOLAS Convention, carrying more
than twelve passengers;
''host State'' means a Member State of the European Union to or
from whose port or ports a ro-ro ferry or a high-speed passenger
craft is engaged on a regular service to or from a port in Malta;
''IMO'' means International Maritime Organisation;
''international voyage'' means a voyage by sea from any port in
Malta to a port outside Malta, or conversely;
''ISM Code'' means the International Management Code for the
Safe Operation of Ships and for Pollution Prevention as defined in
the 1974 SOLAS Convention;
''qualified inspector'' means a public sector employee, including
an employee of the Malta Maritime Authority, or other person, duly
authorised by the Authority or by the competent authority of a
Member State of the European Union to carry out surveys and
inspections related to certificates and fulfilling the criteria of
qualification and independence specified in Annex V Criteria of
Qualification and Independence for Qualified Inspectors of Council
Directive 1999/35/EC, provided that inspectors not fulfilling these
criteria are also accepted if on the date of the coming into force of
these regulations they were authorised for statutory surveys or port
State control inspections by the competent authority;
''recognised organisation'' means an organisation recognised in
accordance with Article 4 of Council Directive 94/57/EC of 22
SAFE OPERATION OF REGULAR RO-RO FERRY
AND HIGH-SPEED PASSENGER CRAFT [ S.234.35 3
November 1994, in its up-to-date version;
''regular service'' means a series of ro-ro ferry or high-speed
passenger craft crossings operated so as to serve traffic between the
same two or more ports, or a series of voyages from and to the same
port without intermediate calls, either:
( a ) according to a published timetable; or
( b ) with crossings so regular or frequent that they
constitute a recognisable systematic series;
''ro-ro ferry'' means a seagoing passenger vessel with facilities to
enable road or rail vehicles to roll-on and roll-off the vessel, and
carrying more than twelve passengers;
''sea area'' means any sea area included in a list established in
accordance with Article 4 of Council Directive 98/18/EC of 17
March 1998 on safety rules and standards for passenger ships;
''specific survey'' means a survey by the competent authority or
another host State as specified in regulations 6 and 8;
Cap. 226.
''territorial waters of Malta'' means all parts of the open sea
within twelve nautical miles of the coast of Malta, or such other
distance as may be established under article 3 of the Territorial
Waters and Contiguous Zone Act, measured as in that Act
provided, and includes any waters enclosed between the base lines
therein mentioned and the coast.
(2) ''The competent authority'' in respect of ro-ro ferries and
high-speed passenger craft engaged on domestic voyages in Malta
means the Executive Director responsible for ports of the Malta
Maritime Authority and in respect of ro-ro ferries and high-speed
passenger craft engaged on international voyages means the
Registrar-General.
Application.
speed passenger craft operating to or from any port in Malta on a
regular service, regardless of their flag, when engaged on
international voyages or on domestic voyages in sea areas covered
by Class A as referred to in Article 4 of Council Directive 98/18/
EC of 17 March 1998.
Initial verifications 
required in relation 
to ro-ro ferries and 
high-speed 
passenger craft.
4. (1) Prior to the start of operation by a ro-ro ferry or high-
speed passenger craft on a regular service, or by the 30 April 2004
for a ro-ro ferry or high-speed passenger craft already operating,
the competent authority shall verify that ro-ro ferries and high
speed passenger craft to which these regulations apply:
( a ) carry valid certificates, issued by the administration of
the flag State or by a recognised organisation acting on
its behalf;
( b ) have been surveyed for the issue of certificates in
accordance with the relevant procedures and
guidelines annexed to IMO Assembly Resolution
A.746(18) of 4 November 1993 on survey guidelines
under the harmonised system of survey and
certification, in their up-to-date version, or with
procedures designed to achieve the same goal;
4 [ S.L.234.35
SAFE OPERATION OF REGULAR RO-RO FERRY
AND HIGH-SPEED PASSENGER CRAFT
( c ) comply with the standards specified for classification
by the rules of a recognised organisation, or rules
accepted as equivalent by the administration of the
flag State for construction and maintenance of their
hull, machinery and electrical and control installation;
( d ) are fitted with a voyage data recorder (VDR) for the
purpose of providing information for the benefit of a
possible casualty investigation, which shall meet the
performance standards of IMO Assembly Resolution
A.861(20) of 27 November 1997 and comply with the
testing standards laid down in International
Electrotechnical Commission (IEC) standard No
61996:
Provided that ro-ro ferries and high-speed
passenger craft built before the 1 June 1999 may be
exempted from some of these requirements and, the
exemptions and the conditions under which they can
be granted shall be those adopted in accordance with
the procedure laid down in Article 4 of Council
Directive 1999/5/EC of 29 April 1999;
( e ) comply with specific stability requirements which may
be adopted from time to time at regional level, and
incorporated into the Laws of Malta when operating a
service in a region where these are applicable,
provided those requirements do not exceed those
specified in the Annex Stability Requirements
pertaining to the Agreement to Resolution 14 adopted
by the Conference of Contracting Governments to the
International Convention for the Safety of Life at Sea,
1974 on 29 November 1995 and have been notified to
the Secretary-General of the IMO, in accordance with
the procedures specified in point 3 of that resolution.
(2) The provisions of subregulation (1)( e ) shall apply to high-
speed passenger craft only where appropriate.
Initial verifications 
required in relation 
to companies and 
flag States.
5. Prior to the start of operation by a ro-ro ferry or high-speed
passenger craft on a regular service, or by the 30 April, 2004 for a
ro-ro ferry or high-speed passenger craft already operating, the
competent authority shall verify that companies which operate or
intend to operate such a ferry or craft on regular service -
( a ) take the necessary measures to ensure that the specific
requirements laid down in Annex I Specific
Requirements to be fulfilled by Companies to Council
Directive 1999/35/EC are applied and provide the
evidence of compliance with this paragraph and with
regulation 4 to the competent authority and to the host
States involved in the regular service;
( b ) agree in advance that the competent authority, any
other host State and any substantially interested
Member State of the European Union may conduct,
participate fully in or cooperate in any investigation of
SAFE OPERATION OF REGULAR RO-RO FERRY
AND HIGH-SPEED PASSENGER CRAFT [ S.234.35 5
a marine casualty or incident in accordance with
regulations 13 and 14, and will give them access to the
information retrieved from the VDR of their ferry or
craft involved in such a casualty or incident,
and where such a ferry or craft is not a Maltese ship or does not fly
the flag of a Member State of the European Union, the competent
authority shall also verify that the flag State accepts the company’s
commitment to meet the requirements of these regulations.
Initial specific 
surveys.
6. (1) Prior to the start of operation by a ro-ro ferry or high-
speed passenger craft on a regular service, or by the 30 April, 2004
for a ro-ro ferry and high-speed passenger craft already operating a
regular service on that date, the competent authority shall carry out
an initial specific survey in accordance with Annex I Specific
Requirements to be fulfilled by Companies and Annex III
Procedures for Specific Surveys contained in European Council
Directive 1999/35/EC to satisfy itself that the ro-ro ferry or high-
speed passenger craft fulfils the necessary requirements for safe
operation of a regular service.
Special provisions.
operation, the competent authority shall set a date for the initial
specific survey which is no more than one month after receipt of
the evidence necessary to complete the verification under
regulations 4 and 5.
7. (1) When a ro-ro ferry or high-speed passenger craft is to
be engaged on a new regular service which includes Malta, the
competent authority shall take the utmost account of verifications
and surveys previously carried out for that ferry or craft for
operation on a previous regular service including ports of a
Member State of the European Union:
Provided that if the competent authority is satisfied with
these previous verifications and surveys that they are relevant to
the new operational conditions, regulations 4, 5 and 6 hereof need
not be applied prior to the ro-ro ferry or high-speed passenger craft
starting operation on the new regular service.
(2) In cases where, following unforeseen circumstances, a
replacement ro-ro ferry or high-speed passenger craft must be
introduced rapidly to ensure continuity of service, and
subregulation (1) is not applicable, the competent authority may
allow the ferry or craft to start operating provided that:
( a ) a visual inspection and document verification raise no
concerns that the ro-ro ferry or high-speed passenger
craft does not fulfil the necessary requirements for
safe operation, and
( b ) the competent authority completes the verifications
and surveys under regulations 4, 5 and 6 within one
month.
Regular specific 
surveys and other 
surveys.
8. (1) A ro-ro ferry or high-speed passenger craft shall be
subject once in every twelve month period to the surveys specified
below:
6 [ S.L.234.35
SAFE OPERATION OF REGULAR RO-RO FERRY
AND HIGH-SPEED PASSENGER CRAFT
( a ) a specific survey in accordance with Annex III
Procedures for Specific Surveys to Council Directive
1999/35/EC;
( b ) a survey during a regular service, which shall aim to
cover enough items listed in Annexes I Specific
Requirements to be fulfilled by Companies, III
Procedures for Specific Surveys and IV Indicative
Guidelines for Qualified Inspectors when carrying out
Unscheduled Surveys during a Regular Crossing to
Council Directive 1999/35/EC in order to satisfy the
competent authority that the ferry or craft continues to
fulfill all the necessary requirements for safe
operation.
(2) An initial specific survey in accordance with regulation 6
counts as a specific survey for the purposes of this regulation.
(3) The competent authority shall carry out a specific survey in
accordance with Annex III Procedures for Specific Surveys to
Council Directive 1999/35/EC each time the ro-ro ferry or high-
speed passenger craft undergoes repairs, alterations and
modifications of a major character, or when there is a change in
management or flag, or a transfer of class. However, in case of
change in management or flag, or transfer of class, the competent
authority may, after taking account of verifications and surveys
previously issued for the ferry or craft, and provided that the safe
operation of the ferry or craft is not affected by this change or
transfer, dispense the ferry or craft from the specific survey
required by this subregulation.
(4) Should the surveys referred to in subregulation (1) confirm
or reveal deficiencies in relation to the requirements of these
regulations warranting a prevention of operation, all costs relating
to the surveys in any normal accounting period shall be covered by
the company.
Notification. 9. The competent authority shall inform companies promptly,
in writing, of the outcome of verifications and surveys under
regulations 4, 5, 6 and 8.
Prevention of 
operation.
10. (1) The competent authority shall prevent the operation of
a ro-ro ferry or high-speed passenger craft on a regular service to or
from any port in Malta, and no ro-ro ferry or high-speed passenger
craft shall proceed to sea or operate on a regular service to or from
any port in Malta:
( a ) when the competent authority has been unable to
confirm compliance with the requirements in
regulations 4 and 5;
( b ) whenever deficiencies are found during the surveys
referred to in regulations 6 and 8 which deficiencies
pose an immediate danger to life, the ferry or craft, its
crew and passengers;
( c ) when there is an established failure to comply with the
instruments listed in Annex II List of Community
SAFE OPERATION OF REGULAR RO-RO FERRY
AND HIGH-SPEED PASSENGER CRAFT [ S.234.35 7
Instruments to Council Directive 1999/35/EC which
failure poses an immediate danger of life, the ferry or
craft, its crew and passengers;
( d ) whenever the competent authority has not been
consulted by the flag State on the matters referred to in
regulation 15(1),
until the competent authority has established that the danger has
been removed and the requirements of these regulations are met.
(2) Where the competent authority prevents a ro-ro ferry or
high-speed passenger craft from operating, it shall inform the
company in writing of its decision giving the reasons therefor.
(3) Where the ro-ro ferry or high-speed passenger craft is
already operating a regular service and deficiencies are established,
the competent authority shall require the company to take the
necessary measures for their prompt rectification or within a well-
defined and reasonable period of time, provided they do not pose an
immediate danger to the safety of the ferry or craft, its crew and
passengers. The competent authority shall verify that the
deficiencies have been rectified to its full satisfaction and in
default it shall prevent the ferry or craft from operating until it is
satisfied that the requirements of these regulations have been met.
(4) In cases where regulations 4, 5 and 6 apply prior to the start
of operation by a ro-ro ferry or high-speed passenger craft on a
regular service, a decision to prevent a ship from operating shall be
taken within one month of the initial specific survey and shall be
communicated to the company immediately.
Duty to ensure 
compliance.
11. (1) It shall be the duty of the owner, of the company which
has assumed the operation of the ship and of the master to ensure
that the ship is in compliance with the provisions of these
regulations and such person, if in fault, shall be liable to the
penalties provided for in the Act, and if no such penalty is
provided, such person shall for each offence be liable to a fine
( multa ) not exceeding five hundred units.
Cap. 234.
(2) If a ship proceeds or attempts to proceed to sea or on any
voyage or excursion in contravention of these regulations, the
owner or master or the ship shall, without prejudice to any other
penalty or remedy under the Merchant Shipping Act, be liable to a
fine ( multa ) not exceeding one hundred units.
Procedures related 
to initial and 
regular specific 
surveys.
12. (1) Ro-ro ferries and high-speed passenger craft that have
been subject to the specific surveys to the satisfaction of the
competent authority shall be exempted by the competent authority
from expanded inspections to be carried out for the purpose of
Article 7(4) of Council Directive 95/21/EC and from expanded
inspections based on the clear grounds that they belong to the
category of passenger ships referred to in Article 7(1) and Annex
V.A. 3 of that Directive.
(2) The competent authority shall cooperate with any other host
State when involved in the specific survey of the same ship or craft.
The specific surveys shall be carried out by a team of qualified
8 [ S.L.234.35
SAFE OPERATION OF REGULAR RO-RO FERRY
AND HIGH-SPEED PASSENGER CRAFT
inspectors. Wherever there is a need for qualitative assessment of
the fulfillment of class-related provisions, the competent authority
shall ensure the necessary expertise is included in the team, where
appropriate by including a surveyor of a recognised organisation.
The inspectors shall report deficiencies to the flag State
administrations of the host State. The competent authority shall
communicate this information to the flag State, if that State is not a
host State involved in the survey.
(3) The competent authority may agree to carry out a survey at
the request of an involved host State.
(4) The competent authority, when requested by a company,
shall invite the administration of the flag State which is not a host
State to be represented in any specific survey under the provisions
of these regulations.
(5) The competent authority, in planning a survey in
accordance with regulations 6 and 8, shall take due account of the
operational and maintenance schedule of the ferry or craft.
(6) The findings of the specific surveys shall be recorded in a
report the format of which shall be determined by the competent
authority.
(7) In case of persistent disagreement between the competent
authority and any host State on the fulfillment of the requirement of
regulations 4 and 5(1), the competent authority shall immediately
notify the European Commission the reasons of the disagreement.
Accident 
investigation.
13. (1) The competent authority shall, in accordance with the
Code for the Investigation of Marine Casualties, conduct a marine
casualty or incident investigation involving a ro-ro ferry or high-
speed passenger craft to which these regulations apply where:
( a ) the accident or incident occurs in the territorial waters
of Malta or,
( b ) where the accident or incident occurs in other waters,
if Malta was the last place visited by the ferry or craft.
(2) The competent authority shall remain responsible for the
investigation and, where appropriate shall cooperate and coordinate
with other substantially interested States until such time as it is
mutually agreed which is to be the lead investigating State.
(3) For the purposes of this regulation ''substantially interested
State'', ''lead investigating State'' and ''marine casualty'' shall have
the same meaning as in the Code for the Investigation of Marine
Casualties.
(4) When conducting, participating or cooperating in such
investigations the competent authority shall ensure that the
investigation is concluded in the most efficient way and within the
shortest possible time taking into account the Code for the
Investigation of Marine Casualties.
Reports to be made 
public.
14. The competent authority shall ensure that reports resulting
from such an investigation are made public in accordance with the
SAFE OPERATION OF REGULAR RO-RO FERRY
AND HIGH-SPEED PASSENGER CRAFT [ S.234.35 9
Code for the Investigation of Marine Casualties.
Accompanying 
measures.
15. (1) When recognising an exemption certificate the
competent authority shall consult the involved host State or States
or the administration of the flag State to resolve any disagreement
concerning the suitability of the exemptions prior to the initial
specific survey.
(2) The Executive Director responsible for ports of the Malta
Maritime Authority shall operate shore-based navigational
guidance systems and other information schemes in accordance
with IMO Assembly Resolution A.795(19) to assist ro-ro ferries
and high-speed passenger craft in the safe conduct of the regular
service, or part of it, for the safety of which they bear
responsibility.
(3) The competent authority shall ensure that companies
operating ro-ro ferries or high-speed passenger craft on regular
services to or from any port in Malta are able to maintain and
implement an integrated system of contingency planning for
shipboard emergencies. To this end the Authority shall make use of
the framework provided by IMO Assembly Resolution A.852(20)
on guidelines for a structure of an integrated system of
contingency.
(4) Where a ro-ro ferry or high-speed passenger craft to which
these regulations apply conducts international voyages in a regular
service the competent authority shall together with any other
involved host State or States jointly establish an integrated system
of contingency planning for shipboard emergencies for the
different routes covered by the ferry or craft.
