COMMERCIAL VESSELS  [ S.L.352.16 1
SUBSIDIARY LEGISLATION 352.16
COMMERCIAL VESSELS REGULATIONS
1st October, 2002
LEGAL NOTICE 284 of 2002.
Preliminary
Citation.
Vessels Regulations.
(2) The Code of Practice for the Safety of Commercial Vessels
shall form part of these regulations and be enforceable as part of
the Laws of Malta.
Scope.
the owners of commercial vessels certified to ply for hire or reward
within the ports, internal waters and territorial waters of Malta, and
the safety and manning requirements of such vessels.
Interpretation.
Cap. 352.
by the Malta Maritime Authority Act;
S.L.352.13
"bunker barge" shall have the same meaning as that assigned to it
in the Dangerous Cargo Ships, Marine Terminals and Facilities and
Bunkering Regulations;
S.L.352.13
"bunkers" shall have the same meaning as that assigned to it in
the Dangerous Cargo Ships, Marine Terminals and Facilities and
Bunkering Regulations;
"certificate of competency" means a qualification issued under
these regulations limited to service on commercial vessels
operating in Maltese ports and internal or territorial waters;
"certificate of insurance" means a certificate of insurance issued
by an insurer in terms of the provisions contained in the Code of
Practice;
"certifying authority" means the Malta Maritime Authority or
any other person authorised by it;
"Code of Practice" means the Code of Practice for the Safety of
Commercial Vessels and any subsequent amendments thereto
issued and published by the Authority, governing the construction,
machinery, equipment, stability, operation, manning, certification
and maintenance of commercial vessels;
"commercial vessel" means a vessel engaged in or intended for
use in any trade, business or calling or plying for hire or reward
within the ports, internal waters and territorial waters of Malta; for
the purposes of these regulations and of the Code of Practice unless
otherwise specified the term "vessel" shall have the same meaning
as commercial vessel;
"commercial vessel boatman" means a person holding a valid
certificate issued by the Director in terms of the provisions
2 [ S.L.352.16 COMMERCIAL VESSELS
contained in the Code of Practice;
"commercial vessel boatmaster" means a person holding a valid
certificate issued by the Director in terms of the provisions
contained in the Code of Practice;
"commercial vessel engineer" means a person holding a valid
certificate issued by the Director in terms of the provisions
contained in the Code of Practice;
"commercial vessel engine driver" means a person holding a
valid certificate issued by the Director in terms of the provisions
contained in the Code of Practice;
"commercial vessel general purpose hand" means a person
holding a valid certificate issued by the Director in terms of the
provisions contained in the Code of Practice;
"commercial vessel master" means a person holding a valid
certificate issued by the Director in terms of the provisions
contained in the Code of Practice;
"commercial vessel mate" means a person holding a valid
certificate issued by the Director in terms of the provisions
contained in the Code of Practice;
"commercial vessel certificate" means a certificate valid for a
specified period, issued by the Director in terms of these
regulations, on the basis of a survey conducted by a surveyor or
organisation recognised by the Authority, certifying that at the time
of survey, the vessel was found to comply with all the relevant
requirements of the Code of Practice;
"commercial vessel assignment of freeboard certificate" means a
certificate issued by the Director under the relevant provisions as
prescribed in the Code of Practice;
"commercial vessel minimum safe manning document" means a
certificate issued by the Director under the relevant provisions as
prescribed in the Code of Practice;
"commercial vessel oil pollution prevention certificate" means a
certificate issued by the Director under the relevant provisions as
prescribed in the Code of Practice;
"commercial passenger vessel safety certificate" means a
certificate issued by the Director under the relevant provisions as
prescribed in the Code of Practice;
"commercial cargo vessel safety construction certificate" means
a certificate issued by the Director under the relevant provisions as
prescribed in the Code of Practice;
"commercial cargo vessel safety equipment certificate" means a
certificate issued by the Director under the relevant provisions as
prescribed in the Code of Practice;
"convention vessel" means a vessel which due to its tonnage,
usage or dimensions would, if trading in international waters or on
international voyages, fall within the requirements of any, or any
part, of the IMO Conventions to which Malta has acceded to;
COMMERCIAL VESSELS  [ S.L.352.16 3
"crew" means persons employed or engaged in any capacity on
board a vessel, other than the Master;
S.L.352.13
"dangerous goods" shall have the same meaning as that assigned
to it in the Dangerous Cargo Ships, Marine Terminals and Facilities
and Bunkering Regulations;
Cap. 352.
"Director" means the Executive Director responsible for ports
appointed under article 8 of the Malta Maritime Authority Act, or
any other person or officer authorised by him to act on his behalf;
"effective" means in relation to a fitting or piece of equipment or
material, that all reasonable and practicable measures have been
taken to ensure that it is suitable for the purpose for which it is
intended to be used;
S.L.10.23
"engine driver" means a person holding an "A" (Steam) Sea First
or Second Grade, or "B" (Motor) Sea First or Second Grade Special
Licence issued under the herein repealed Mechanically Driven
Boats (Passengers and Cargo) Regulations;
"existing commercial vessel" means a vessel which is not a new
vessel;
"freeboard" means the distance measured vertically downwards
amidships from the lowest point of the upper edge of the freeboard
deck to the waterline in still water, or from the upper edge of the
deck line to the upper edge of the related load line, as appropriate;
"gross tonnage" means the gross tonnage registered in the
certificate of registry or the tonnage recorded in the Tonnage
Certificate of a vessel applying for a certificate under these
regulations;
"IMO" means the International Maritime Organisation;
"insurer" means an assurance company established in terms of
the Laws of Malta;
"length" unless expressly provided otherwise, means 96% of the
total length on a water line at 85% of the least moulded depth
measured from the top of the keel, or the length from the foreside
of the stem to the axis of the rudder stock on that waterline, if that
be greater. In vessels designed with a rake keel the waterline on
which this length is measured shall be parallel to the designed
waterline;
"length overall" means the overall length from the foreside of the
foremost fixed permanent structure to the aftside of the aftermost
permanent structure of the vessel;
"licence" means a licence issued by the Director to the owner in
terms of these regulations;
"Master" means the Master or person other than a pilot or
watchman, having command, charge or management of a vessel for
the time being;
S.L.10.23.
"Master with special licence" means a person licensed to serve as
Master of a boat trading within the internal and territorial waters of
Malta, under the herein repealed Mechanically Driven Boats
(Passengers and Cargo) Regulations;
4 [ S.L.352.16 COMMERCIAL VESSELS
"Minister" means the Minister responsible for maritime
transport;
"new commercial vessel" means a vessel to which these
regulations apply, the keel of which was laid or the construction or
lay-up was started on or after the date when these regulations came
into force, or an existing vessel not already being a vessel to which
these regulations apply, but obtained and proposed to be newly
used as such a vessel on or after that date;
"non-convention vessel" means a vessel other than a convention
vessel;
"owner" means the registered owner or the owner or the
managing operator of the registered owner or owner or disponent
owner, or Master of the vessel;
"passenger" means a person on board a commercial vessel other
than:
( a ) the Master and the members of the crew or other
person employed or engaged in any capacity on board
a vessel on the business thereof;
( b ) a person on board the vessel either in pursuance of the
obligation laid upon the Master to carry shipwrecked,
distressed or other persons, or by reason of any
circumstances that neither the Master nor the owner, if
any, could have prevented; and
( c ) a child under one year of age;
"pilot boat" means a vessel, of whatever size, employed or
intended to be employed in pilotage services;
"pleasure craft" means any ship which is used exclusively for:
( a ) pleasure purposes other than for the carriage of
passengers on sightseeing tours between and within
the ports, internal waters and territorial waters; or
( b ) the use of which a passenger, if any, is not charged a
separate and distinct fare;
"policy" means a policy of insurance which is issued by an
insurer in respect of the risks described in regulation 19(3)( k );
S.L.352.13
"polluting goods" shall have the same meaning as that assigned
to it in the Dangerous Cargo Ships, Marine Terminals and Facilities
and Bunkering Regulations;
Cap. 352.
"ports" shall have the same meaning as that assigned to it in the
Malta Maritime Authority Act and any harbour, bay, cove, creek,
seashore or any navigable waters;
"qualifying service" means the recorded time spent in service
aboard a vessel relevant to the issue of a certificate or other
qualification, calculated and documented as approved by the
Director;
"register" means a register of licences maintained at the Ports
Directorate pursuant to these regulations;
"safety of navigation" means all equipment, appliances,
COMMERCIAL VESSELS  [ S.L.352.16 5
machinery, manning levels, navigational instruments and the due
professional care and attention of the Master and all crew on board,
which appertains to the safe conduct of operations, both for the
vessel involved and other vessels, people or property which may
become involved in such operations;
Cap. 352.
"ship" shall have the same meaning as that assigned to it in the
Malta Maritime Authority Act;
Cap. 234.
"surveyor" means a person appointed as a surveyor of ships in
terms of the Merchant Shipping Act, or a person so appointed by a
classification society approved by the Authority, or a person
appointed by the Authority for the purpose of examining and
surveying vessels in terms of these regulations;
Cap. 352.
"territorial and internal waters" shall have the same meaning as
that assigned to them in the Malta Maritime Authority Act;
"watertight" means capable of preventing the passage of water in
either direction;
"weather deck" means the main deck which is exposed to the
elements.
Application.
all vessels engaged in any trade, business or calling within the
territorial or internal waters or within any port of Malta, provided
that they shall not apply to:
( a ) a pleasure craft;
( b ) a fishing boat;
( c ) ship owned or operated for non-commercial service;
( d ) ships of war or official vessels unless used on a
commercial service.
Code of Practice.
all aspects, relating to the safety of commercial vessels including,
but not limited to construction, machinery, equipment, stability,
operation, manning, certification and maintenance.
(2) The Authority shall have the responsibility of publishing
and monitoring the application of the Code of Practice which shall
be read and construed in conjunction with these regulations and
which will be published on the date of bringing into force of these
regulations.
(3) The Authority shall from time to time amend the Code of
Practice through the issuing of relative notices.
(4) In case of conflict between these regulations and the Code
of Practice and the requirements prescribed in a recognised
administration’s or classification society rules, the former shall
prevail.
Use of commercial 
vessel.
6. No person shall use a vessel nor shall its owner cause or
permit the use of such vessel to ply for hire or reward within the
ports, internal or territorial waters of Malta, unless it is certified in
terms of the Code of Practice.
6 [ S.L.352.16 COMMERCIAL VESSELS
When regulations 
apply.
7. These regulations shall apply to a commercial vessel when
it is water-borne, moored or anchored:
Provided that if such commercial vessel is berthed, moored
or anchored, but is not regularly used in accordance with the uses
for which it is certified, its owner shall comply with any
requirements in respect of such vessel as the Director may
prescribe from time to time.
No person to act as 
operator of vessel 
without consent of 
owner.
8. No person authorised by the owner of a vessel to act as
operator of such vessel shall, except in case of necessity, allow any
other person to act as operator of such vessel, without the consent
of the owner thereof, and no person shall, except in case of
necessity, act as operator of a vessel without the consent of the
owner of such vessel.
Commercial vessel 
and landing place.
9. (1) A commercial vessel shall only ply between those
landing places, areas and by routes, as may be prescribed from time
to time by the Director.
(2) A commercial vessel may not be operated outside the areas
assigned to it or be used for a purpose other than that prescribed in
the commercial vessel certificate without the approval of the
Director.
(3) A commercial vessel may only be exposed for hire or
moored at places appointed by the Authority.
Commercial vessel 
certificate to be 
displayed on 
board.
10. (1) The owner of a commercial vessel shall prominently
display the commercial vessel certificate on board the vessel and
where this is not possible, shall produce the certificate to the
Director on demand.
(2) In the case of a commercial vessel carrying passengers, the
owner shall also prominently display or have clearly and
permanently marked in a suitable position, as appropriate, the
maximum number of passengers which such vessel is certified to
carry.
(3) All other certificates issued in terms of the Code of Practice
shall be kept on board the vessel.
Commercial Vessel Operator’s Licence
Licence. 11. (1) No person shall act as a commercial vessel operator
unless he is in possession of a valid licence issued by the Director
in accordance with the provisions of these regulations.
(2) The Director may, in his discretion and under such terms
and conditions as he may deem appropriate, grant such a licence to
any person for the provision of services contemplated in these
regulations.
Cap. 352.
(3) The Authority may also make any arrangements or enter
into any agreement, as it may deem appropriate or expedient, with
any person for any of the purposes relating to its functions in terms
of the Malta Maritime Authority Act.
Eligibility for an 
operating licence.
12. A person shall not be eligible for a licence, unless he is an
owner of a vessel and is -
COMMERCIAL VESSELS  [ S.L.352.16 7
( a ) in the opinion of the Director of good character, has
good knowledge of the relevant regulations relating to
transport and considered competent to provide such
service within the internal and territorial waters of
Malta; or
( b ) a body corporate established under and subject to the
Laws of Malta, or a foreign corporate body enjoying
legal personality in terms of the law under which it has
been established or constituted, and satisfying the
Director that it can and will ensure due observance of
all the laws and regulations relating to transport within
the internal and territorial waters of Malta.
Granting of a 
licence.
13. A licence referred to in this Part of the regulations may be
granted after an application on the appropriate form is presented to
the Director, accompanied by all the documentation and
certification prescribed therein.
Conditions.
attach to a licence any condition or conditions which he may deem
fit.
Abrogation of a 
licence.
15. At any time the Director may, without assigning any reason
thereof, suspend, cancel, revoke or refuse renewal of any licence
previously granted or renewed by him under these regulations.
Delivery of 
licence.
16. Any person or body corporate whose licence under these
regulations has been suspended, cancelled or revoked by the
Director under these regulations, shall within forty-eight hours of
such suspension, cancellation or revocation, deliver his licence to
the Director.
Compliance with 
instructions by the 
Director.
17. The holder of any licence under these regulations shall
comply with any instructions, orders or directives given by the
Director from time to time.
Display of licence.
regulations shall carry or display such licence when acting in the
capacity for which he is licensed and produce same to an officer
authorised by the Director on demand.
Application for a 
licence.
19. (1) An owner shall not be eligible to be licensed under
these regulations unless he satisfies all the requirements laid down
in these regulations.
Cap. 352.
(2) No licence shall be issued unless the vessel which he owns
is duly registered in accordance with the Malta Maritime Authority
Act.
(3) An application for a licence shall be submitted to the
Director together with such documentary or other evidence
acceptable to the Director, including:
( a ) identity card or passport of applicant or applicants;
( b ) the certificate of incorporation;
( c ) copy of the Memorandum and Articles;
( d ) registration and ownership of the vessel;
( e ) the hull type, dimensions, tonnage, specifications and
8 [ S.L.352.16 COMMERCIAL VESSELS
details of the engine as certified by an administration
or classification society recognised by the Authority,
or a surveyor;
( f ) the purpose for which the vessel is to be used, the
mooring berth when it shall be off hire or laid-up and
the places requested to be moored, ply or hired out
from;
( g ) a commercial vessel certificate;
( h ) the relevant certificates for the type as required by the
Code of Practice;
( i ) if the vessel is in class with a classification society or
built to standards specified by an administration
recognised by the Authority:
(i) a certificate of class or administration approval;
(ii) such other documents as relate to the fitness of
the vessel as required by the Code of Practice;
Cap. 234.
Cap. 352.
( j ) where applicable, evidence of compliance with the
IMO Conventions and Recommendations to which
Malta has acceded to and any other regulations made
under the Merchant Shipping Act, the Malta Maritime
Authority Act, or any other Act under the Laws of
Malta;
( k ) proof of a valid insurance policy, under which the
owner or Master of a vessel is adequately insured for
an amount which he may become liable to pay in
respect of:
(i) any liability which may be incurred in respect of
the death of or bodily injury to any person
caused by or arising out of the use of the vessel;
(ii) any liability which may be incurred in respect of
loss or damage to property belonging to any
third party arising out of the use of the vessel;
(iii) salvage and wreck removal cost;
(iv) pollution damage and costs of preventing or
reducing damage resulting from the discharge or
escape of dangerous or polluting goods;
( l ) in addition to the requirements of paragraph ( k ) the
Director may also request a bank guarantee for such an
amount and under such conditions as he may establish;
( m ) if applicable, the relevant valid certification held by
the Master, officers or crew issued under these
regulations or by an administration recognised by the
Authority; and
( n ) such other information and particulars of the proposed
vessel and crew as may be required by the Director.
Inspection of 
vessel.
20. The Director may require the owner, who has applied for a
licence or prior renewal of a licence, to bring the vessel to a place
at an appointed date and time for an inspection by a surveyor or any
COMMERCIAL VESSELS  [ S.L.352.16 9
other person appointed by the Director.
Acceptance or 
decline of licence.
21. The Director may either accept or decline to issue a
licence.
Dispensation.
into force of these regulations was in possession of a valid licence
and has conducted within the ports, internal and territorial waters
of Malta the same commercial activity for which a licence is
required under these regulations, shall, on expiration of the former
licence or within one year from the date of the coming into force of
these regulations, comply with all the provisions contained within
these regulations.
Validity of licence.
shall be valid for a period of not more than twelve and not less than
six months from the date of issue.
Licence and 
register.
24. (1) A licence shall contain such particulars as the Director
may consider necessary for the purposes of these regulations.
(2) The Director shall keep a register of licences.
Licence renewal.
of a licence at least one calendar month before the expiry date.
(2) If a licence is not to be renewed, the owner of the vessel
shall immediately inform the Director in writing as to the reason
for not requesting renewal and what his intentions are in respect of
the vessel.
(3) When a licence is not renewed, the Director may require the
owner to remove or dispose of his vessel within such time and to
such a place as he may require and if the owner fails to comply, the
Director may cause removal or disposal of such vessel at the risk
and expense of the owner.
Licence not 
transferable.
26. A licence issued under these regulations shall not be
transferable.
Change of 
ownership.
27. (1) Prior to any change of ownership of a vessel, the buyer
and the licensee shall, within twenty-one days prior to such change
of ownership, submit to the Director the licence together with an
application for a new licence by the buyer.
(2) A new licence shall be issued to the new owner following
the submission of such documentary or other evidence of said
transfer or change of ownership as the Director may require.
(3) Upon the issue of a new licence by the Director, the licence
of the previous owner is thereby cancelled or modified by the
Director.
(4) Upon the death or dissolution of the owner, the licence
issued in respect thereof shall become null and void and has to be
surrendered to the Director within twenty-one days.
Revocation, 
suspension or non-
renewal of a 
licence.
28. Without prejudice to regulation 15, the Director may
revoke, suspend or refuse renewal of a licence if the licensee:
( a ) has made a false declaration or representation;
10 [ S.L.352.16 COMMERCIAL VESSELS
( b ) is guilty of any fraudulent practice or crime in the use
of the commercial vessel or during the execution of his
trade;
( c ) has contravened or failed to comply with any of the
requirements of these regulations, or any other
relevant legislative provisions, or any directions of the
Director, or any of the terms and conditions of the
licence;
( d ) has not, for a period of one year, carried out the
operation for which he is licensed.
Registered owner 
and Master.
29. The persons whose name appear in the register as -
( a ) the owner and Master;
( b ) the owner; or
( c ) the Master of a commercial vessel,
shall, for all the purposes of these regulations, be deemed to be the
owner and Master or the owner or the Master thereof respectively.
Change of 
particulars 
notification.
30. (1) The owner of a commercial vessel shall inform the
Director of any requested changes, or report any incident, which
may alter any of the particulars prescribed in these regulations or
the Code of Practice.
(2) Upon receipt of such a request or report, the Director may
require the inspection of the vessel, or such other measures to be
taken as may be necessary to maintain the licence and the
commercial vessel certificate valid.
Endorsement of 
licence and register 
notation.
31. Whenever an approved change occurs in any of the
particulars appearing in the register, such change shall be entered
in the register and where applicable, endorsed upon the licence or
certification.
Replacement. 32. (1) In the event of any licence or certificate being lost,
destroyed, illegible or otherwise not recoverable, the licensee shall
forthwith apply to the Director for a replacement.
(2) Where the Director is satisfied that a licence or a certificate
has been lost or damaged he may issue a duplicate licence or
certificate, as the case may be, on payment of a fee.
Return of licence 
to the Director.
33. If a licence or certificate has expired, or has been
cancelled, revoked or suspended by the Director, the owner or
holder of the licence or certificate, as the case may be, shall
surrender such licence or certificate to the Director forthwith. It
shall be lawful for the Director to order that the vessel is removed
or disposed of, and if the owner fails to comply, the Director may
cause removal or disposal of such vessel at the risk and expense of
the owner.
Operation of Commercial Vessels
Establishment of 
routes.
34. The Authority may from time to time, for the better
organisation of the maritime transport service, do all or any of the
following:
COMMERCIAL VESSELS  [ S.L.352.16 11
( a ) establish routes for the conveyance of passengers or
cargo from one part of Malta to another, or from one
island to another;
( b ) group together two or more routes or all the routes;
( c ) determine which vessel shall operate on any such
route;
( d ) allot the service on any such route to any licensee;
( e ) vary, cancel or revoke any such route or any grouping
of routes or any allotment of service thereon, and may
do so upon such conditions as the Authority may
direct;
( f ) in making any allotment of service under this
regulation the Authority may make such allotment to
the exclusion of any other licensee;
( g ) determine a schedule of service and the fares or
charges for such routes;
( h ) establish conditions on the licensee for operating a
route;
( i ) amend or cancel allotted routes previously established;
and
( j ) investigate complaints by users of commercial vessels.
Withdrawal subject 
to re-issue of 
licences.
35. Where the service on any route is allotted to an owner in
terms of regulation 34, all licences held by the owners of any vessel
to ply on that route shall be withdrawn, subject to their being re-
issued at the discretion of the Authority, under the conditions laid
down in the last preceding regulation.
Directions in cases 
of emergency.
36. It shall be lawful for the Authority notwithstanding any
agreement made in terms of regulation 34, in case of any
emergency, or of an unusual concourse of people or cargo, to order
that other commercial vessels, not ordinarily operated or certified
for that route, be run for such time and under such conditions as the
Director may direct and no claim shall be entertained for damages
suffered in consequence of such order being contrary to the
conditions contained in any agreement between the Authority and
any other owner.
Owner not to 
demand fares 
higher than the 
established tariff.
37. (1) When a tariff is established in terms of regulation 34,
it shall not be lawful for the owner or operator of any such vessel to
demand a fare higher than the established tariff, or, if a lesser sum
is agreed upon, more than such sum.
(2) The owner or operator of a vessel let out on hire shall not
permit any person or thing to be carried in, on or about such vessel,
whilst on hire, without the consent of the hirer.
Requisition by the 
Authority of a 
commercial vessel 
in case of stoppage 
or suspension of 
service.
38. (1) In the event of a stoppage or of a suspension for any
cause whatsoever of any service on any established route or in any
other part of Malta usually served by commercial vessels, which
may affect, or be likely to affect the reasonable requirements of the
inhabitants of Malta for transport, it shall be lawful for the
Authority to seize and take possession of and use, any commercial
12 [ S.L.352.16 COMMERCIAL VESSELS
vessel and for such purpose to authorise any member of the
Authority or other public officer to enter any premises.
(2) The owner of any such commercial vessel, shall receive
such compensation in respect of the use thereof as the Authority
may, previously or subsequently, fix.
(3) From the decision of the Authority an appeal shall lie to the
Court of Appeal. Such appeal shall be entered by an application
within four working days from the date on which the decision was
given. The application shall be served to the Authority which shall
file an answer thereto within four working days. The pleadings on
any such appeal shall be deemed to be closed with the answer of the
Authority, or at the expiration of the time for such answer.
(4) Any person who shall obstruct or hinder any public officer
from taking possession of any commercial vessel, or shall in any
way interfere with or incite others to interfere with the use of any
vessel requisitioned under the provisions of this section, shall be
liable, on conviction, to a fine ( multa ) of not less than five hundred
liri and not more than five thousand liri or to imprisonment for a
term not exceeding three months.
(5) If any person shall by reason of any requisition in terms of
this regulation be prevented from fulfilling any contract, such
person shall not be deemed to have thereby committed a breach of
contract, but such contract shall be suspended by such requisition
so far as its fulfilment is thereby rendered impossible.
Safety and Pollution Prevention
Director’s 
authority not 
abrogated.
39. Nothing in these regulations shall abrogate the authority of
the Director in respect of any safety and pollution prevention and
control requirement for any commercial vessel within any port and
the territorial and internal waters of Malta.
Director’s 
prerogative to have 
emergency use of 
equipment and 
resources.
40. The Director reserves the right to be given as required for
the purposes of combating any emergency or pollution incident,
immediate access to, use and control of any or all such safety and
pollution equipment or resources as are required under these
regulations to be provided on any vessel. Such equipment shall be
provided free of charge, but used at the risk of the Director and
reasonable costs incurred by the provider in respect of any
consumables used, or equipment damaged, will subsequently be
reimbursed.
Obstruction in 
ports and on 
wharves.
41. (1) Save as provided for in any other law, it shall not be
lawful to leave in any port or on any wharf or on any landing place
anything which might impede the free navigation or obstruct the
passage, embarkation or disembarkation of persons, merchandise or
other things, or leave therein any unserviceable vessel, abandoned
or sunk.
(2) It shall be lawful for the Director to give orders to Masters
of vessels with a view to avoiding accidents or obstruction to free
navigation, or other inconveniences.
COMMERCIAL VESSELS  [ S.L.352.16 13
Throwing of 
noxious things in 
ports.
42. (1) No owner, Master or crew member shall leave in any
port or on any wharf or any landing place anything which may
cause injury to public health, or a nuisance, or throw into the waters
of any port or into any part of the internal waters or of the
territorial waters of Malta any ballast, solid material rubbish or
dirty liquid which may cause a nuisance.
(2) If any owner or Master is found guilty of an offence under
this regulation, he shall be liable for all damages caused and all
costs occasioned by the facts constituting the offence, and the court
shall, at the demand of the prosecution made at any time of the
proceedings prior to final judgement, order in the same judgement
the offender to make good and pay to the Authority all such
damages and costs as shall be liquidated by the same court, which
order shall be executable in the same manner as if it had been given
in a civil action duly instituted by the Authority against the
offender:
Provided that nothing in this regulation shall affect the right
of third parties to institute any civil action against the offender for
any damage suffered by them.
Unsafe operation.
or permit such vessel to be operated in a way which could endanger
the life or property of others or present a hazard to the marine
environment.
(2) It shall not be lawful for any person to operate a vessel at a
high speed or while he is in a state of intoxication, or by improper
operation, or other wilful misconduct, to damage the property of
any other person.
(3) Where any damage has been caused to the property of
others as aforesaid, it shall be lawful for the court by which the
owner is convicted, to direct that the owner of the vessel shall pay
such a sum, as appears to the court a reasonable compensation for
such damage.
Prevention of 
collision and good 
seamanship.
44. (1) The Master of a vessel shall, if he conveniently can,
give way to any other vessel and avoid obstructing the operator of
any other vessel.
S.L.234.20
S.L.234.21
Cap. 234.
(2) Masters of commercial vessels shall comply with the
Merchant Shipping (Prevention of Collisions) Regulations, and the
Merchant Shipping (Signals of Distress) Rules, made in terms of
the Merchant Shipping Act, which for the purpose of these
regulations shall take effect as if enacted herein, and shall at all
times take such precautions as may be required by the ordinary
practices of seamen, or by special circumstances of the case.
Assistance to 
vessels in distress.
45. No vessel shall, in case of distress, refuse to assist any
vessel requiring assistance.
Number of persons 
or amount of cargo 
carried.
46. A commercial vessel shall at no time carry on board more
persons or passengers or cargo than that stated on the relevant
certificate issued by the Director in terms of these regulations and
the Code of Practice.
14 [ S.L.352.16 COMMERCIAL VESSELS
Carriage of 
passengers.
47. Whilst carrying passengers, a commercial passenger vessel
shall not be used for any other purpose provided that:
( a ) cargo may be carried on board a commercial passenger
vessel if so certified and so authorised by the Director;
( b ) it shall always remain the responsibility of the Master
to ensure that such cargo is not in any way harmful to
passengers by its nature, quantity or stowage.
Equipment and 
appliances required 
to be provided on 
board commercial 
vessel.
48. Every licensee shall ensure that the vessel has on board:
( a ) the relevant effective life-saving and fire-fighting
appliances and other effective equipment prescribed in
the Code of Practice;
( b ) any other substitute provision or type, material,
appliance, apparatus or equipment which the Director
may accept as being at least as effective an alternative
to those required in these regulations.
Manning
Manning of 
commercial vessel.
49. The minimum manning on board a commercial vessel for
the safety of navigation shall at all times be in compliance with the
requirements of the Code of Practice.
Proof of certificate 
of competency.
50. Any Master or crew member shall produce his certificate of
competency to the Director on demand.
Qualifications. 51. No person shall be permitted to serve as a Master, or a
crew member on a vessel unless he holds a certificate of
competency issued by the Director, in accordance with the relevant
requirements prescribed in the Code of Practice or such other
qualifications as may be recognised by the Director:
S.L.10.23
Provided that a person who prior to the coming into force of
these regulations was in possession of a special licence to perform
the duties of master or an engine driver of a vessel in terms of the
Mechanically Driven Boats (Passengers and Cargo) Regulations
shall, within one year from the date of coming into force of these
regulations, obtain a commercial vessel master certificate or
commercial vessel engine driver certificate, respectively:
Provided also that the holder of any other qualification
shall, within one year from the date of the coming into force of
these regulations, obtain the appropriate qualifications under the
requirements of the Code of Practice:
Provided further that if within the five years immediately
prior to the application for the relevant certificate, such a person
has not served within the same capacity on a similar vessel for at
least twelve months total service, the Director may require him to
undergo a further practical, written or oral test prior to being
permitted to be employed on a commercial vessel.
Offences by 
Master or crew 
member.
52. (1) If any Master or crew member in the exercise of his
duties has contravened any of the provisions of these regulations or
has disobeyed any order or directive given by the Director, the
Director shall hand over to the offender a notice containing a
COMMERCIAL VESSELS  [ S.L.352.16 15
general description of the offence and may:
( a ) suspend or revoke the certificate of such master or
crew member;
( b ) impose a penalty of not more than one thousand liri in
respect of each offence and which has to be paid to the
Director within such time indicated in the notice,
which in no case shall be less than seven days, or
provided that where any penalty imposed under this
regulation is not paid within the aforementioned
period, ordinary proceedings in respect of the offence
may be taken in accordance with the provisions of
these regulations.
(2) The suspension or revocation of a certificate or the payment
of any penalty ordered under this regulation shall for all intents and
purposes of law, be deemed to be an admission of the commission
of the offence and no further action shall be taken in respect of such
offence.
Revalidation of 
qualification.
53. (1) A certificate of competency issued under these
regulations shall be valid for a period of five years, unless
cancelled or suspended in terms of regulation 52 or any other
legislative provisions.
(2) Any certificate of competency issued to a Master or crew
member shall remain valid only if the holder has served in the
capacity allowed by such certificate for at least a total of twelve
months within every consecutive five year term commencing from
the date of issue of such certificate; if this requirement is not met,
the Director may require the holder to undergo a practical, written
or oral test prior being permitted to be employed on a commercial
vessel.
Miscellaneous Provisions
Alteration of 
commercial vessel.
54. (1) No alteration affecting the tonnage or description of
the vessel is permitted without the prior written approval of the
Director.
(2) Before returning the commercial vessel to service after
completion of such an approved alteration, the owner shall present
the vessel for inspection at such place and time as appointed by the
Director.
(3) On such inspection as prescribed in subregulation (2), the
Director may either approve the continuing validity of the issued
certificate or endorse lesser or greater conditions to the certificate
or revoke the licence if the Director deems that the vessel is no
longer fit for its intended purpose.
Commercial vessel 
cleanliness.
55. Every commercial vessel shall at all times be maintained in
a clean and sanitary condition by the owner or Master.
Incidents.
incident involving injury or loss of life to persons on board or
elsewhere, collision with other vessel or property, causing damage
to or loss of other vessel, or damage to the marine environment or
16 [ S.L.352.16 COMMERCIAL VESSELS
other property, shall immediately provide a verbal report of such
incident to the Director and within twenty-four hours of the
occurrence of such incident, furnish a written report to the Director
in such detail as he may require.
(2) In case of such an incident, the Director may inspect the
commercial vessel or may suspend or revoke its certification.
(3) Without prejudice to any other regulation herein:
(i) where an incident which has been reported or observed
is deemed by the Director to be a significant accident
or dangerous occurrence, the Director may appoint a
person to carry out an inquiry into the circumstances
and possible causation of same;
(ii) the commercial vessel owner shall assist the person or
persons making such inquiry in all aspects relevant to
the conducting of the inquiry;
(iii) upon conclusion of the inquiry, the person appointed
shall submit a report on his findings to the Director.
Inspections. 57. (1) The Director shall appoint any person to examine,
investigate or inspect a vessel or the licence or a certificate or any
other relevant document.
(2) The Director may at any time require the owner to present
the vessel for an inspection.
(3) A person appointed by the Director to carry out such
functions as established by this regulation shall have the power to:
( a ) board freely and without previous notice a vessel at
any place and at any time of day or night;
( b ) to request the assistance of a member of the Police
force in the execution of his duties;
( c ) to question any person connected with the execution of
these regulations;
( d ) to inspect any document the keeping of which is
prescribed by these regulations;
( e ) to order any owner, master or crew member to suspend
the operation of a vessel.
(4) Whoever shall hinder or obstruct a person appointed by the
Director to inspect a vessel from allowing him to inspect such
vessel or refuses to comply with the directions which he may give
shall be guilty of an offence.
Licensee to 
provide 
information.
58. The owner shall provide on demand any particulars and
information as may be required by the Director, including
particulars of the person who was in charge of the vessel on any
occasion.
Issue of directives. 59. The Director may issue directives to owners and Masters of
commercial vessels for the purpose of avoiding inconvenience,
accidents or impediments to safe and free navigation, the safety of
passengers, the prevention of pollution to the marine environment
and the removal of vessel wastes by an approved contractor through
COMMERCIAL VESSELS  [ S.L.352.16 17
approved disposal routes.
Director’s power to 
suspend licence or 
impose penalties.
60. (1) If an owner or Master of any vessel fails to comply
with any of the requirements of these regulations or directives
given by the Director or the terms and conditions of the licence, the
Director shall hand over to such person a notice containing a
general description of the offence and may:
( a ) suspend or revoke the licence or a certificate of such
vessel and may require the owner to remove such
vessel within such a time and to such a place as he may
require and if the owner fails to comply, the Director
may cause removal of such vessel at the risk and
expense of the owner;
( b ) impose a penalty of not more than one thousand liri in
respect of each offence and which has to be paid to the
Director within such time indicated in the notice,
which in no case shall be less than seven days, or
provided that where any penalty imposed under this
regulation is not paid within the aforementioned
period, ordinary proceedings in respect of the offence
may be taken in accordance with the provisions of
these regulations.
(2) The suspension or revocation of the licence or certificate or
the payment of any penalty ordered under this regulation shall for
all intents and purposes of law, be deemed to be an admission of
the commission of the offence, and no further action shall be taken
in respect of such offence.
Director’s 
prerogative.
61. Notwithstanding anything contained in these regulations,
the Director may exempt or prescribe any other requirements upon
any commercial vessel or owner, Master or crew member.
Offences.
requirements prescribed in these regulations or any of the
conditions subject to or upon which a licence or a certificate is
issued under these regulations shall, for a first offence on
conviction be liable to a fine ( multa ) not exceeding one thousand
liri, for each such offence, and in the case of a continuing offence
or offences, to a further fine not exceeding five hundred liri for
each offence for every day or part thereof.
(2) It shall also be lawful for the court, in the case of any
contravention committed by the owner or Master of a vessel to
order the sequestration of the vessel, for a time not exceeding three
months, at the expense of the owner.
(3) In the case of a second or subsequent conviction for any
contravention it shall be lawful for the court to cancel the licence or
certificate, or to suspend the same for any time, in its discretion.
(4) Where any offence against the provisions of these
regulations is committed by a body of persons or body corporate,
every person who, at the time of the commission of the offence was
a director, manager or other similar officer of such body of persons
or body corporate, or was purporting to act in any such capacity,
shall be guilty of that offence unless he proves that the offence was
18 [ S.L.352.16 COMMERCIAL VESSELS
committed without his knowledge and that he exercised all due
diligence to prevent the commission of the offence.
Liability and 
responsibility of 
the Authority.
63. The liability and responsibility for the observance of these
regulations and any other legislative provisions shall rest solely
with the owner and Master of the vessel. The Authority shall not be
held liable for any consequences arising from any acts of omission
or commission in respect to any of the requirements of these
regulations.
Proceedings before 
Court of 
Magistrates.
Cap. 9.
64. Proceedings for an offence against these regulations shall
be taken before Court of Magistrates (Malta) or the Court of
Magistrates (Gozo), as the case may be, and shall be in accordance
with the provisions of the Criminal Code regulating the procedure
before the said courts as courts of criminal judicature.
Transitory 
arrangements.
65. The Director may establish transitory arrangements for the
provision of arrangements in respect of technical matters relating to
the requirements of these regulations.
Rights and powers. 66. Nothing contained in these regulations shall abrogate or
prejudice any of the rights or powers conferred on the Authority.
Regulations not in 
derogation of any 
other legislative 
provisions.
67. The provisions contained in these regulations are in
addition to and not in derogation of the provisions of any other
regulations in force, or law of Malta.
Fees. 68. The fees payable in respect of commercial vessel
operator’s licences and for certification and inspections issued
under these regulations shall be as established, from time to time,
by the Authority.
