MEDICAL EXAMINATION ġ S.L.234.24 1
SUBSIDIARY LEGISLATION 234.24
MERCHANT SHIPPING (MEDICAL 
EXAMINATION) REGULATIONS
14th September, 2001
LEGAL NOTICE 207 of 2001, as amended by Legal Notice 150 of 2002.
Short title.
(Medical Examination) Regulations.
Interpretation.
requires - 
"the Act" means the Merchant Shipping Act;
"appropriate inspector" means a person so charged in terms of
article 154 of the Act;
"approved" means approved by the Registrar-General;
"duly qualified medical practitioner" shall have the same
meaning as is assigned to it by article 108(5) of the Act;
"GT" in relation to a ship, means the gross tonnage as determined
in accordance with the provisions of the International Convention
on Tonnage Measurement of Ships, 1969 signed in London on the
23rd June, 1969;
"medical certificate" means a certificate issued under regulation
5 of these regulations (whether or not subject to restrictions) or a
certificate deemed to be equivalent thereto under regulation 10 or
11 of these regulations;
"medical practitioner" means duly qualified medical practitioner.
(2) Any reference in these regulations to an international
convention shall include reference to any amendments to such
convention and to any international instrument replacing such
convention, accepted by the Government of Malta.
Application.
regulations provide for the issue of medical certificates for the
purposes of article 108(1) of the Act.
(2) These regulations shall not apply with respect to: -
(i) a pilot (who is not a member of the crew);
(ii) a person employed in a ship by an employer
other than the owner or the person employing
the master or the crew of the ship, except radio
officers or operators in the service of a wireless
telegraph company;
(iii) travelling dockers or longshoremen who are not
members of the crew;
(iv) a member of the Armed Forces of Malta, or a
member of the Civil Protection Department of
Malta, when acting as such a member; and
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(v) a person employed in a port who is not
ordinarily employed at sea;
(3) Regulation 13 hereof applies to sea-going ships, other than
Maltese ships, when they are in a Maltese port or the territorial
waters thereof being ships of 200 GT or over, including sea-going
tugs, other than fishing vessels and pleasure yachts, and oil rigs and
drilling platforms when not engaged in navigation.
Medical 
examination.
4. (1) The medical examination required under these
regulations shall consist of a complete physical examination and
shall have regard to the ILO/WHO publication entitled Guidelines
for Conducting Pre-Sea and Periodic Medical Fitness Examination
for Seafarers (ILO/WHO/D.2/1997) (ISBN 92-2-111129-6),
including any amendments introduced thereto from time to time,
and to any other relative guidelines as may, from time to time, be
further specified by the Registrar-General.
(2) In any examination under these regulations, due regard
shall be had to the age of the person to be examined and the nature
of the duties to be performed on board ship.
Issue of medical 
certificate.
Amended by:
L.N. 150 of 2002.
5. (1) Every applicant for a medical certificate shall be
examined by a duly qualified medical practitioner and, subject to
regulation 4 hereof, if the medical practitioner considers that the
applicant is fit, the practitioner shall issue the applicant with a
medical certificate in terms of subregulation 5(2) and regulation 6
hereof; and such certificate may be restricted to such capacity of
sea service or geographical areas as the practitioner considers
appropriate.
(2) The medical certificate shall attest -
( a ) that the hearing and sight of the person examined and,
in the case of a person to be employed in the deck
department (except for certain specialist personnel,
whose fitness for the work which they are to perform
is not liable to be affected by defective colour vision),
his colour vision, are all satisfactory; and
( b ) that he is not suffering from any disease likely to be
aggravated by, or to render him unfit for, service at sea
or likely to endanger the health of other persons on
board,
and shall contain the personal details of the person examined
including the name and surname, nationality, age and relevant
identity document number such as the sea service record book or
passport number.
(3) An application for a medical certificate under
subregulation 5(1) shall be at no cost to the applicant, and any
expenses defrayed by the applicant shall be recoverable from the
owner of the ship  on which the applicant is employed or is to be
employed.
Period of validity 
of medical 
certificate.
Amended by:
L.N. 150 of 2002.
6. (1) Subject to subregulations 6(2) and 6(3) hereof, a duly
qualified medical practitioner who issues a medical certificate
under regulation 5 shall specify the period of validity, from the date
of the medical examination, for which the certificate is to remain in
MEDICAL EXAMINATION ġ S.L.234.24 3
force.
(2) Unless suspended or cancelled in terms of regulation 8
hereof and subject to paragraph (3), the maximum period of
validity of a medical certificate shall be two years and, in so far as
it relates to colour vision, the maximum period of validity shall be
six years:
Provided that if the person examined is under 18 years of
age, the maximum period of validity of a medical certificate shall
be one year:
Provided further that if the health of the person examined
demands it, a duly qualified medical practitioner may issue a
medical certificate valid for such shorter period as may be specified
in the certificate.
(3) Where the period of validity of a medical certificate
expires in the course of a voyage, the certificate shall remain in
force until the end of that voyage.
Further medical 
examination.
7. If a person holding a valid medical certificate suffers a
medical condition which precludes seafaring employment, such
person shall arrange for an additional medical examination in
accordance with regulation 4 hereof as soon as practicable after
diagnosis.
Change in 
conditions relating 
to medical 
certificate.
8. If a duly qualified medical practitioner has reasonable
grounds to believe:
(i) there has been a significant change in the
medical fitness of a person during the period of
validity of the medical certificate; or
(ii) had the medical practitioner when issuing the
medical certificate been in possession of full
details of the person’s conditions, and having
regard to the provisions of regulation 4 hereof,
would not have reasonably considered the
person fit to be issued with such certificate; or
(iii) that the medical certificate was issued otherwise
than in accordance with these regulations,
the duly qualified medical practitioner shall notify the person
concerned and may:
( a ) suspend the validity of that certificate until the person
has undergone a further medical examination;
( b ) suspend the certificate for such period as the medical
practitioner considers the person will remain unfit to
go to sea; or
( c ) cancel the certificate if the medical practitioner
considers that the person is likely to remain
permanently unfit to go to sea.
Application for a 
review.
9. (1) A person who is aggrieved by:
( a ) the refusal of a duly qualified medical practitioner to
issue him with a medical certificate, or
( b ) any restriction imposed on such a certificate, or
4 ġ S.L.234.24 MEDICAL EXAMINATION
( c ) the suspension for a period of more than three months
or cancellation of that certificate by a duly qualified
medical practitioner pursuant to regulation 8 hereof,
may apply to the Registrar-General for the matter to be reviewed by
a single medical referee appointed by the Registrar-General.
(2) Any such application shall:
( a ) be lodged with the Registrar-General within one
month of the date on which the person is given notice
of the refusal, imposition of a restriction, suspension,
or cancellation (or such longer period as the Registrar-
General may determine if delay is caused by the
person’s employment on board a ship); and
( b ) include a consent to the duly qualified medical
practitioner responsible for the refusal, imposition of a
restriction, suspension or cancellation to provide a
report to the medical referee specifying the name and
address of that practitioner.
(3) The medical referee to whom the matter is referred by the
Registrar-General may obtain a report from the duly qualified
medical practitioner by whom the applicant was examined and may
examine the medical condition of the applicant. The medical
referee shall, if the applicant so requests, disclose to the applicant
the report of the duly qualified medical practitioner and any other
evidence not produced by the applicant himself except that if the
medical referee considers that such disclosure would be harmful to
the applicant’s health the referee shall not be required to make such
disclosure. The medical referee shall have regard to any relevant
medical evidence, whether produced by the applicant, the
employer, or otherwise, and whether or not disclosed as aforesaid.
(4) If the medical referee, in the light of the medical evidence
available, considers that the applicant is fit, having regard to the
provisions of regulation 4, shall issue the applicant with a medical
certificate. Where the medical referee considers that restrictions as
to capacity or geographical area other than those imposed on the
medical certificate issued to the applicant should be imposed, or
that any restrictions so imposed should be deleted or varied, the
medical referee shall issue to the applicant a revised medical
certificate and the former certificate shall thereupon cease to have
effect. In any other case the medical referee shall notify the
applicant of his decision. Any such action by the medical referee
shall be taken not later than two months from the date on which the
application for review is lodged with the Registrar-General (which
date shall be notified to the medical referee by him) or within such
longer period as the Registrar-General may determine.
Certificates 
equivalent.
10. Any certificate of medical and visual fitness for seafaring
employment issued by a duly qualified medical practitioner to a
person in respect of a medical examination conducted before the
date on which these regulations come into force shall be deemed
for the purposes of these regulations to be equivalent to a medical
certificate issued under these regulations:
Provided that any such certificate issued by any such
MEDICAL EXAMINATION ġ S.L.234.24 5
medical practitioner shall remain valid from the date of the medical
examination only for the appropriate maximum period prescribed
in regulation 6 hereof or for such shorter period as may be specified
in the certificate. 
Other medical 
certificates.
11. Any medical certificate issued to a person in accordance
with the provisions of the Medical Examination (Seafarers)
Convention, 1946 (International Labour Organisation Convention
No. 73 of 1946) or the Merchant Shipping (Minimum Standards)
Convention, 1976 (International Labour Organisation Convention
No. 147 of 1976):
( a ) by an authority empowered in that behalf by the laws
of a country outside Malta that has ratified the said
Convention of 1946 or the said Convention of 1976; or
( b ) by an approved authority empowered in that behalf by
the laws of a country outside Malta,
shall be deemed for the purposes of these regulations to be
equivalent to a medical certificate issued under these regulations:
Provided that any medical certificate issued by any such
authority shall remain in force, unless renewed, only until the
expiration of the period of validity specified in that certificate, but
in no case for more than the appropriate maximum period
prescribed in regulation 6 hereof.
Inspection and 
detention of a 
Maltese ship.
12. The Registrar-General, or an appropriate inspector, may
inspect any Maltese ship and if satisfied that a person required in
terms of article 108 of the Act to be the holder of a medical
certificate, is unable to produce such a valid certificate or that the
state of health of such person is such that the ship cannot sail
without serious risk to the safety and health of those on board, 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.
Inspection, 
detention and other 
measures in respect 
of ships other than 
Maltese ships.
13. (1) The Registrar-General, or an appropriate inspector,
may, in accordance with subregulation 3(3) hereof, inspect any ship
which is not a Maltese ship when such ship is in a Maltese port, and
if satisfied that a person required to hold a medical certificate is
unable to produce such a valid medical certificate, the Registrar-
General may:
( a ) send a report to the government of the country in
which the ship is registered, and a copy thereof to the
Director-General of the International Labour Office;
and
( b ) where conditions on board are clearly hazardous to
safety or health:
(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:
6 ġ S.L.234.24 MEDICAL EXAMINATION
Provided that the measures specified in sub-paragraphs (i)
and (ii) may be taken only when the ship has called at a Maltese
port in the normal course of business or for operational reasons.
(2) If the Registrar-General takes either of the measures
specified in subregulation (1)(b) hereof, the Registrar-General shall
forthwith notify the maritime Administration and the nearest
maritime, consular or diplomatic representative of the flag State of
the ship.
