HOURS OF WORK ġ S.L.234.27 1
SUBSIDIARY LEGISLATION 234.27
MERCHANT SHIPPING (HOURS OF WORK) 
REGULATIONS
1st December, 2002
LEGAL NOTICE 213 of 2002.
PART I
General
Short title.
(Hours of Work) Regulations.
Interpretation.
2002, other than regulations 17 to 19, which shall come into force
on the 10th January, 2003, and regulations 12, 14 and 20, which
shall come into force on such date as the Minister responsible for
shipping may by notice in the Gazette appoint, and different dates
may be so appointed for different provisions and different purposes
of the said regulations.
2. (1) In these regulations, unless the context otherwise
requires -
Cap. 234.
''appropriate inspector'' means a person so charged in terms of
article 154 of the Act;
''company'', in relation to a ship, means the owner or other
organisation or person such as the manager, orv the bareboat
charterer, who has assumed the responsibility for the operation of
the ship from the owner;
''complaint'' means any information or report submitted by a
member of the crew, a professional body, an association, a trade
union or, generally, any person with an interest in the safety of the
ship, including an interest in safety or health hazards to its crew;
"duly qualified medical practitioner" shall have the same
meaning as is assigned to it by article 108(5) of the Act;
"employer", in relation to a seafarer, means the person by whom
the worker is (or, where the employment has ceased, was)
employed;
"employment", in relation to a seafarer, means employment
under his contract, and "employed" shall be construed accordingly;
"hours of rest" means time outside hours of work and does not
include short breaks;
"hours of work" means time during which a seafarer is required
to do work on account of the ship;
"night" means a period -
2 ġ S.L.234.27 HOURS OF WORK
( a ) the duration of which is not less than nine consecutive
hours; and
( b ) which includes the period between midnight and 5
a.m.;
"relevant requirements" means the requirements of regulations 5
8 ,9(3), 10 and 11;
"seafarer" means any person who is employed or engaged in any
capacity on board a sea-going ship, on the business of the ship.
(2) The Registrar-General is designated as the competent
authority for Malta for the purposes of these regulations.
(3) In relation to any other State, "competent authority" means
the national maritime administration maintained by that State for
the inspection of ships.
Purpose of 
regulations,
3. The purpose of these regulations is to implement the
majority regulations. of the provisions of the Seafarer’s Hours of
Work and the Manning of Ships Convention, 1996 (ILO
Convention No. 180), and also to give effect in part to the Merchant
Shipping (Minimum Standards) Convention, 1976 (ILO
Convention No. 147) and its Protocol of 1996.
Application. 4. (1) These regulations shall not apply to -
( a ) fishing vessels;
( b ) pleasure yachts;
( c ) oil rigs and drilling platforms when engaged in
navigation; and
S.L.452.51
( d ) any seafarer who is subject to the provisions of the
Seamen Wages Council Wage Regulation Order.
(2) Subject to subregulation (1) -
( a ) these regulations other than regulations 17 to 19 apply
to sea-going Maltese ships; and
( b ) regulations 17 to 19 apply to sea-going ships other
than Maltese ships, when they are in a Maltese port
and the territorial waters thereof.
PART 2
Hours of Work and Annual Leave
General duties of a 
person employing 
a seafarer, master, 
etc.
5. Subject to regulation 9, it shall be the duty of an employer
of a seafarer and a master of a ship to ensure that a seafarer is
provided with at least the minimum hours of rest.
Minimum hours of 
rest.
6. (1) Subject to regulations 7 and 9, the minimum hours of
rest shall be not less than -
( a ) ten hours in any 24-hour period; and
( b ) 77 hours in any seven-day period.
(2) Hours of rest may be divided into no more than two
periods, one of which shall be at least six hours in length, and the
interval between such consecutive periods shall not exceed 14
HOURS OF WORK ġ S.L.234.27 3
hours.
(3) Musters, fire-fighting and lifeboat drills shall be conducted
in a manner which minimises the disturbances of rest periods and
does not induce fatigue.
(4) A seafarer who is on call shall have adequate compensatory
rest period if his normal period of rest is disturbed by call-outs of
work.
Minimum hours of 
rest: further 
provision.
7. The Registrar-General may authorise collective agreements
permitting exceptions to the limits in regulation 6(1) and (2) but
shall have due regard for the general principles of the protection of
the health and safety of seafarers.
Posting-up of 
table.
8. (1) The master of a ship, or a person authorised by the
master, shall ensure that a table with the shipboard working
arrangements complying with subregulations (2) and (3) is posted-
up in a prominent and accessible place in the ship.
(2) A table under subregulation (1) shall contain for every
position at least:
( a ) the schedule of service at sea and service in port; and
( b ) the minimum hours of rest as required by these
regulations or any collective agreements in force.
(3) A table under subregulation (1) shall be in the format
appearing in the First Schedule and shall be in English and in the
working language of the ship if that is not English.
Exception for 
emergencies.
9. (1) The master of a ship may require a seafarer to work any
hours of work necessary for the immediate safety of the ship,
persons on board ship or cargo or for the purpose of giving
assistance to another ship or to a person in distress at sea.
(2) For the purposes of subregulation (1), the master may
suspend the hours of rest scheduled in the table under regulation 8
and require a seafarer to perform any hours of work necessary until
the normal situation has been restored.
(3) As soon as practicable after the normal situation has been
restored the master shall ensure that any seafarer who has
performed work in a rest period scheduled in the table under
regulation 9 is provided with an adequate rest period.
Records.
maintained by the master or a person authorised by the master.
(2) The record kept under subregulation (1) shall -
( a ) be in the format appearing in the Second Schedule;
( b ) be in English and in the working language of the ship
if that is not English;
( c ) be completed monthly in arrears;
( d ) reflect all deviations from the scheduled hours of rest
as per the provisions of regulation 9;
( e ) be endorsed by the master or a person authorised by
the master, and by the seafarer in question, and a copy
thereof shall be given to the seafarer by the master or
4 ġ S.L.234.27 HOURS OF WORK
the person authorised by the master;
( f ) be kept for a period of two years and shall be available
for inspection and endorsement by the Registrar-
General or an appropriate inspector.
(3) The company and the master shall ensure that a copy of
these regulations and any collective agreements referred to under
regulation 7 are carried at all times on board ship and are easily
accessible to the seafarers on board.
Young persons.
S.L.424.11
11. (1) Notwithstanding the provisions of regulation 5 of the
Protection of Young Persons at Work Places Regulations, and
subject to subregulation (2) hereof, no seafarer under the age of 18
years shall work at night.
(2) A seafarer of the age of 16 years and 17 years may work at
night if the work forms part of an established programme of
training the effectiveness of which would be impaired by the
prohibition in subregulation (1).
Health assessment 
and transfer of 
seafarers on 
watchkeeping 
duties to day work.
12. Where -
( a ) a duly qualified medical practitioner has certified that
a seafarer engaged on watchkeeping duties is suffering
from health problems which the practitioner considers
to be due to the fact that the seafarer performs night
work, and
( b ) it is possible for the employer to transfer the seafarer
to work -
(i) to which the seafarer is suited, and
(ii) which is to be undertaken during periods such
that the seafarer will cease to perform night
work,
the seafarer shall be transferred accordingly.
Power to require 
information.
13. A company shall provide the Registrar-General with such
infoomation on watch-keepers and other seafarers working at night
as may be specified by the Registrar-General.
Entitlement to 
annual leave.
14. (1) Subject to subregulation (3), a seafarer is entitled in
each leave year to a period of leave of at least four weeks.
(2) For the purposes of this regulation, a seafarer’s leave year
begins -
( a ) on such date during the calendar year as may be agreed
in writing by the employer and the seafarer; or
( b ) in absence of such agreement -
(i) if the seafarer’s employment began on or before
the coming into force of this regulation, on that
date and each subsequent anniversary of that
date; or
(ii) if the seafarer’s employment begins after the
coming into force of this regulation, on the date
on which that employment begins and each
subsequent anniversary of that date.
HOURS OF WORK ġ S.L.234.27 5
(3) Where the date on which a seafarer’s employment begins is
later than the date on which, by agreement as described in
subregulation (2)( a ), his first leave year begins, the leave to which
he is entitled in that leave year shall be a proportion of the period
of four weeks equal to the proportion of that leave year remaining
on the date on which his employment begins.
(4) Where by virtue of subregulation (3) the period of leave to
which a seafarer is entitled is or includes a proportion of a week,
the proportion shall be determined in days and any fraction of a day
shall be treated as a whole day.
(5) Leave to which a seafarer is entitled under this regulation
may not be replaced by a payment in lieu except where the
seafarer’s employment is terminated.
(6) Subject to subregulation (5) a seafarer shall be paid at the
rate of a week’s pay in respect of each week of leave to which he is
entitled under this regulation.
Entitlements under 
other provisions.
15. Where during any period a seafarer is entitled to hours of
rest or annual leave both under a provision of these regulations and
under a separate provision (including a provision of his contract),
he may exercise the two rights separately, but may, in taking hours
of rest or annual leave during that period, take advantage of
whichever right is, in any particular respect, the more favourable.
PART 3
Enforcement
Inspection and 
detention of 
Maltese ship.
16. The Registrar-General, or an appropriate inspector, may
inspect any Maltese ship to which these regulations apply and if
satisfied that there has been a failure to comply in relation to that
ship with the relevant requirements the Registrar-General may:
(i) take such measures as are necessary to rectify those
conditions and any expenses incurred therefor shall be
a charge on the ship;
(ii) detain the ship.
Reports on ships 
other than Maltese 
ships.
17. (1) Where -
( a ) the Registrar-General receives a complaint which is
not considered manifestly unfounded, or obtains
evidence that a ship, which is not a Maltese ship and is
in a Maltese port does not comply with the relevant
requirements; and
( b ) the ship has called voluntarily at that port in the
normal course of its business or for operational
reasons,
the Registrar-General shall prepare a report addressed to the
government of the country in which the ship is registered and
copied to the Director-General of the International Labour Office.
(2) The identity of the person lodging the complaint must not
be revealed to the master of the ship concerned or the company in
respect of the ship.
6 ġ S.L.234.27 HOURS OF WORK
Inspections of 
ships other than 
Maltese ships,
18. (1) When carrying out an inspection in order to obtain
evidence that a ship does not comply with the relevant
requirements the Registrar-General, or an appropriate inspector
shall determine whether -
( a ) a table complying with regulation 8(2) is posted-up in
a prominent and accessible place on the ship; and
( b ) records are being maintained in compliance with
regulation 10; and
( c ) there is proof such records have been endorsed by the
competent authority of the country in which the ship is
registered.
(2) Where -
( a ) a complaint has been received, or
( b ) the Registrar-General, or an appropriate inspector,
from own observations on board believes that seafarers
may be unduly fatigued,
the Registrar-General, or the inspector shall carry out a more
detailed inspection, in accordance with subregulation (1), to
determine whether the hours of rest recorded comply with the
standards laid down in regulation 6 and that they have been duly
observed, and shall inspect and take into account other records
relating to the operation of the ship.
Rectification of 
deficiencies.
19. (1) If the inspection or more detailed inspection in
accordance with regulation 18 reveals that the ship does not comply
with the relevant requirements the Registrar-General shall, in the
case of deficiencies which are clearly hazardous to the safety or
health of seafarers, take such measures as are necessary to ensure
that such deficiencies are rectified and any expenses incurred
therefor shall be a charge on the ship, and may detain the ship until
deficiencies have been rectified or the seafarers in question have
been sufficiently rested.
(2) If there is clear evidence that watchkeeping personnel for
the first watch, or subsequent relieving watches, are unduly
fatigued the Registrar-General shall detain the ship until the
deficiencies found have been rectified or the seafarers in question
have been sufficiently rested.
(3) If the Registrar-General takes either of the measures
specified in subregulations (1) and (2), the Registrar-General shall
forthwith notify -
( a ) the master of the ship;
( b ) the company in respect of the ship; and
( c ) the maritime administration and the nearest maritime,
consular or diplomatic representative of the flag State
of the ship,
and shall inform them of the results of any inspection in accordance
with regulation 18, of any decisions taken and of any corrective
actions required.
(4) The Registrar-General shall not in exereise of his power
HOURS OF WORK ġ S.L.234.27 7
under this regulation detain or delay the ship unreasonably.
Release of 
information.
20. The Registrar-General shall ensure the publication, at least
every month, of the information specified in the Third Schedule
concerning ships to which regulations 17 to 19 apply which during
the previous month have been detained in a port in Malta.
PART 4
Penalties
Penalties.
( a ) the master of a ship of regulation 5, regulations 8(1),
9(3) or 10(1), (2)( e ) or (3);
( b ) an employer of regulation 5;
( c ) a person authorised by the master of a ship of sub-
regulation 8(1) or 10(1) or (2)( e ); or
( d ) a company of sub-regulation 10(3) or regulation 13,
shall be liable to a fine ( multa ) of not more than one thousand liri
(Lm 1,000) for each offence.
(2) Where there is a contravention of regulation 6(3) or (4) the
master of the ship shall for each offence be liable to a fine ( multa )
of not more than five hundred liri (Lm 500).
(3) Where there is a contravention of regulation 11(1) the
employer of the seafarer under the age of 18 years shall be liable to
a fine ( multa ) of not more than five hundred liri (Lm500).
(4) Where there is a contravention of regulation 14 the
employer of the seafarer shall be liable to a fine ( multa ) of not more
than one thousand liri (Lm 1,000).
8 ġ S.L.234.27 HOURS OF WORK
FIRST SCHEDULE
(Regulation 8)
HOURS OF WORK ġ S.L.234.27 9
Selected texts from ILO Convention 180 and the STCW Convention
ILO Convention 180
Art. 5 paragraph 1 The fimits on hours of work or rest shall be as follows: (a)
maximum hours of work shall not exceed: (i) 14 hours in any
24-hour periods and (ii) 72 hours in any 7-day period; or (b)
minimum hours of rest shall not be less than: (i) 10 hours in
any 24-hour period; and (ii) 77 hours in any 7-day period.
Art. 5 paragraph 2 Hours of rest may be divided into no more than two periods,
one of which shall be at least 6 hours in length, and the
interval between consecutive periods of rest shall not exceed
14 hours.
Art. 5 paragraph 6 Nothing in paragraphs 1 and 2 shall prevent the Member from
having national laws or regulations or a procedure for the
competent authority to authorize or register collective
agreements permitting exceptions to the limits set out. Such
exceptions shall as far as possible, follow the standards set out
but may take account of more frequent or longer leave periods
or the granting of compensatory leave for watchkeeping
seafarers or seafarers working on board ships on short
voyages.
Art. 7 paragraph 1 Nothing in this Convention shall be deemed to impair the
right of the master of a ship to require a seafarer to perform
any hours of work necessary for the immediate safety of the
ship, persons on board or cargo, or for the purpose of giving
assistance to other ships or persons in distress at sea.
Art. 7 paragraph 3 As soon as practicable after the normal situation has been
restored, the master shall ensure that any seafarers who have
performed work in a scheduled rest period are provided with
an adequate period of rest.
STOW Conrention
Section A-VIII/I of the STCW Code (mandatory)
1. All persons who are assigned duty as officer in charge of a
watch or as a rating forming part of a watch shall be provided
a minimum of 10 hours rest in any 24-hour period.
2. The hours of rest may be divided into no more than two
periods, one of which shall be at least 6 hours in length.
3. The requirements for rest periods laid down in paragraph 1
and 2 need not be maintained in the case of an emergency or
drill or in other overriding operational conditions.
4. Notwithstanding the provisions of paragaphs 1 and 2, the
minimum period of 10 hours may be reduced to not less than 6
consecutive hours provided that any such reduction shall not
extend beyond 2 days and not less than 70 hours of rest are
provided each 7-day period.
5. Administrations shall require that watch schedules be posted
where they are easily acassible.
10 ġ S.L.234.27 HOURS OF WORK
Section B-VIII/1 of the STCW Code (guidance)
3. In applying regulation VIII/1, the following should be taken
into account:
.1 provisions made to prevent fatigue should ensure that
exassive or unreasonable overall working hours are not
undertaken. In particular, the minimum rest periods
specified in section A-VIII/1 should not be interpreted as
implying that all other hours may be devoted to
watchkeeping or other duties;
.2 that the frequency and length of leave periods, and the
granting of compensatory leave, are material factors in
preventing fatigue from building up over a period of
time; and
.3 the provisions may be varied for ships on short-sea
voyages, provided special safety arrangements are put in
place.
HOURS OF WORK ġ S.L.234.27 11
SECOND SCHEDULE
(Regulation 10)
12 ġ S.L.234.27 HOURS OF WORK
HOURS OF WORK ġ S.L.234.27 13
THIRD SCHEDULE
(Regulation 20)
Publication of information related to detentions and inspections in accordance
with regulation 20
- name of the ship,
- IMO number,
- type of ship,
- tonnage (gt),
- year of construction as determined on the basis of the date indicated in the
ship’s safety certificates,
- name and address of the shipowner or operator of the ship,
- in the case of ships carrying liquid or solid cargoes in bulk, the name and
address of the charterer responsible for the selection of the vessel and the type
of charter,
- flag State,
- the classification society or classification societies, where relevant, which has/
have issued to this ship the class certificates, if any,
- the classification society or classification societies and/or any other party
which has/have issued to this ship certificates in accordance with the
applicable conventions on behalf of the flag State, stating the certificates
delivered,
- port and date of the last expanded inspection stating, where appropriate,
whether a detention was ordered,
- port and date of the last special survey and the name of the organisation which
carried out the survey,
- number of detentions during the 24 previous months,
- country and port of detention,
- date when the detention was lifted,
- duration of detention, in days,
- number of deficiencies found and the reasons for detention, in clear and
explicit terms,
- description of the measures taken by the competent authority and, where
relevant, by the classification society as a follow-up to detention,
- if the ship has been refused access to any port, the reasons for such measure in
clear and explicit terms,
- indication, where relevant, of whether the classification society or any other
private body that carried out the survey has a responsibility in relation to the
deficiencies which, alone or in combination, led to detention,
- description of the measures taken in the case of a ship which has been allowed
to proceed to the nearest appropriate repair yard, or which has been refused
access to any port.
