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Section 1 deals with the design, construction and safety equipment
requirements of conventional craft used as passenger ferries, excursion
ships, water taxis and recreational fishing boats.
Under Section 1, boats of 6 metres or less in length which are used
only for recreational diving purposes may comply with a code of
practice contained in an appendix to Part 40A and an approved safe
operational plan as an alternative to joining a Safe Ship Management
system.
Section 2 deals with high-speed craft, incorporating requirements
from the IMO High-Speed Craft Code where such ships exceed 35 metres
in length and proceed beyond restricted limits.
Section 3 deals with hire-and-drive boats of more than 3.5 metres
in length including houseboats.
Part 40A came into force on 1st February 2001.
Comment was invited on a draft amendment to Part 40A in late 2001.
This will clarify issues that have been the subject of a number
of queries from the industry and correct minor errors in the text
and cross-referencing of rules.
Current Advisory Circular: Issue No 40A-1 (20th February 2001).
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Part 40B Design, Construction
& Equipment - SOLAS Ships
Part 40B applies to foreign-going passenger ships, foreign-going
non-passenger ships (other than fishing ships) of 500 tons gross
tonnage or more (300 tons gross tonnage or more for radio requirements)
and ships (other than fishing ships) of 45 metres or more in length
that proceed beyond restricted limits.
These ships are required to be built to the requirements of a classification
society and comply with the design, construction and equipment requirements
of SOLAS 74. All ships are required to comply with the SOLAS 74
requirements applicable at the time of their build plus those applying
to existing ships, except New Zealand ships which operate only on
the coast of New Zealand. The latter are required to comply with
the SOLAS 74 requirements applicable at their time of build plus
any requirements for existing ships that the Director of Maritime
NZ, by notice in the New Zealand Gazette, directs shall apply to
such ships.
Part 40B requires compliance with relevant IMO Codes for certain
types of ship such as bulk chemical carriers and liquefied gas carriers.
Requirements in respect of passenger accommodation and other relevant
issues not covered by SOLAS 74 are also covered in Part 40B.
Part 40B came into force on 1st February 2001. Comment was invited
on a draft amendment to Part 40B in late 2001 concerning the powers
of the Director in respect to the application of SOLAS 74 to New
Zealand ships.
Current Advisory Circular: Issue No 40B-1 (20th February 2001).
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Part 40C Design, Construction
& Equipment - Non-SOLAS Non Passenger Ships
Part 40C applies to non-passenger motor ships which do
not proceed beyond restricted limits, non-passenger motor ships
which are less than 45 metres in length proceeding beyond restricted
limits, non-passenger motor ships of less than 500 tons gross tonnage
which undertake an international voyage, barges that carry any persons
and barges of 24 metres in length or more which do not carry persons.
The Part is divided into 4 sections.
Section 1 deals with the general design, construction and
equipment requirements for cargo ships, workboats, tugs, pilot boats,
dredgers, offshore supply ships, police boats, research ships (other
than fisheries research to which 40D applies), harbour work or patrol
craft, hydrographic ships, pollution control craft, floating cranes
and also ships which go beyond restricted limits and carry 12 or
fewer passengers, such as recreational fishing boats, training ships,
excursion and cruise ships.
Section 2 details additional requirements for pilot boats,
s ection 3 will deal with marine farming
vessels and section 4 with barges.
Part 40C came into force on 1st February 2001.
Comment will be invited on a draft amendment to Part 40C in late
2001 or early 2002. This will clarify issues that have been the
subject of a number of queries from the industry and correct minor
errors in the text and cross-referencing of rules.
Current Advisory Circular: Issue No 40C-1 (20 February 2001).
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Part 40D Design, Construction & Equipment
- Fishing Ships
Part 40D applies to all New Zealand ships that are registered
under the Fisheries Acts, other than eel-fishing boats.
For ships of 45 metres or more in length, the requirements reflect
those of the Torremolinos Protocol of 1993 relating to the Torremolinos
International Convention for the Safety of Fishing Vessels 1977.
For ships of 24 metres or more in length, the construction, stability
and crew protection requirements also reflect those of the 1993
Protocol.
For fishing boats of 6 metres or less in length that operate in
enclosed limits or not more than 2 miles from shore, the Part provides
for them to comply with a code of practice and operate under a safe
operational plan approved by an authorised person, as an alternative
to being in a safe ship management system.
Part 40D includes new stability requirements that will apply to
existing boats as well as new boats. There is a phase-in period
of two years from 1st February 2000 (the date of entry into force
of the Part) for compliance by existing boats. These requirements
apply to vessels engaged in trawling, dredging, or other forms of
fishing where heavy gear is towed, or purse seining.
Comment will be invited on a draft amendment to Part 40D in late
2001 or early 2002. This will include new provisions for electrical
systems on fishing ships.
A revised Maritime NZ Advisory Circular to Part 40D was issued in
October 2000.
Current Advisory Circular: Issue No 40D-2 (October 2000).
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Part 40E Design, Construction
& Equipment - Sailing Ships
Part 40E will apply to commercial ships whose primary
means of power is sail.
The first of the Part's three sections will deal with ships which
possess a non-dimensional ratio of sail area divided by volume of
displacement 2/3 of more than 9 and are used as conventional crewed
passenger or non-passenger ships. It will also cover sail training
ships, other than those covered by Section 3.
Section 2 will cover hire-and-drive yachts, which, as with Section
1 ships, will be required to have auxiliary motor propulsion.
Section 3 will deal with national and international class yachts
which are used for commercial sail training. Yachts to which Section
3 applies will not be required to be in a safe ship management system
but will be required to comply with an approved safe operational
plan and code of practice contained in Part 40E.
This Part is scheduled for release in early 2003.
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Part 40F Design, Construction
& Equipment - Hovercraft
Part 40F will be arranged in two sections. Section 1 will
deal with larger hovercraft defined as those carrying more than
12 persons or more than 1000 kgs payload. Generally the requirements
for these craft will be the relevant international or national standards
incorporated by reference.
Section 2 will deal with smaller craft carrying 12 persons or less
and not more than 1000 kgs payload. The requirements for such craft
and their equipment will be detailed.
This Part is scheduled for release for consultation in late 2002.
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Part 40G Design, Construction & Equipment
- Others
Part 40G will apply to ships for which the design, construction
and equipment requirements are not specified in Parts 40A, 40B,
40C, 40D, 40E and 40F of the maritime rules, or when these Parts
are considered by the Director of Maritime NZ to be not appropriate
for a particular ship.
Generally any ship not covered by these Parts will be of a less
common type and/or engaged in different service from the normal.
For this reason Part 40G will require the owner to present a 'safety
case' for that ship and its operation for approval by the Director
of Maritime NZ.
This Part is scheduled for release for consultation in early 2003.
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Part 41 Anchors & Chain Cables
Part 41 applies to anchors and chain cables for use onboard
New Zealand ships.
These requirements apply to anchors of 75 kilograms mass or greater,
and to chain cables with links greater than 12.5 mm in diameter.
The Part prescribes the requirements for the testing and certification
of anchors and cables manufactured in New Zealand and sets out the
certification required for acceptance in New Zealand of imported
equipment.
Part 41 came into force on 1st February 2001.
Current Advisory Circular: Issue No 41-1 (20th February 2001).
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Part 42A Safety Equipment - Lifesaving
Appliance Performance Standards
Part 42A covers performance standards and requirements
for the maintenance, servicing, testing and inspection of life-saving
appliances.
It also covers the provision of instructions for onboard maintenance
and inspections and onboard training manuals.
The appliances covered by the Part include lifebuoys, lifejackets,
immersion suits, anti-exposure suits, visual signals, survival craft,
rescue boats, evacuation systems, line-throwing appliances, and
general alarm and public address systems.
Part 42A complements Parts 40A to 40G, which specify the numbers
and types of appliances to be carried on various types of ships
operating in defined limits.
The Part incorporates by reference substantial portions of the International
Maritime Organisation International Life-Saving Appliance Code.
Refer to this code for a full understanding of all the requirements
of Part 42A.
Part 42A came into force on 1st February 2001 and replaced relevant
performance standards made under the Shipping (Lifesaving Appliances)
Regulations 1989, published in a supplement to the New Zealand Gazette
of 26 October 1989 (issue number 190) and dated 31 October 1989.
The Gazette's performance standards remain applicable to appliances
on board ships prior to 1 February 2001.
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Part 42B Safety Equipment
- Fire Appliance Performance Standards
Part 42B covers the performance standards for fire appliances,
including fixed fire detection and alarm systems, various types
of fixed fire extinguishing systems, fire pumps, portable and non-portable
fire extinguishers, breathing apparatus and fire crew outfits.
This Part complements Parts 40A to 40G, which specify the numbers
and types of appliances to be installed or carried on various types
of ships operating in defined limits.
Part 42B came into force on 1st February 2001 and replaced relevant
performance standards made under the Shipping (Fire Appliances)
Regulations 1989, published as a supplement to the New Zealand Gazette
of 26 October 1989 (issue number 190) and dated 31st October 1989.
The Gazette's performance standards remain applicable to appliances
onboard ships prior to 1 February 2001.
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Part 43 Radio
Part 43 covers the survey and inspection provisions and
the requirements for the installation, maintenance and testing of
shipborne radio installations.
Part 43 also contains requirements for keeping a radio log, keeping
a continuous radio watch, the qualifications required of radio operators
and the performance standards for shipborne radio installations.
This Part complements Parts 40A to 40G which specify what radio
installations must be installed on various types of ships operating
in defined limits.
Part 43 came into force on 1st February 2001.
Comment was invited on a draft amendment to Part 43 in late 2001.
Current Advisory Circular: Issue No 43-1 (20th February 2001).
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Part 45 Navigational Equipment
Part 45 contains requirements relating to the provision
of navigational equipment including compasses on commercial ships.
It incorporates the requirements for shipborne navigational equipment
contained in Chapter V of SOLAS 74 and similar equipment requirements
for non-SOLAS ships.
The criteria for the recognition by the Director of Maritime NZ
of persons as compass adjusters is also contained in this Part.
Part 45 came into force on 1st February 2000.
Comment was invited on a draft amendment to Part 45 in late 2001.
This addressed concerns that some ships are currently required to
have their compasses swung at unreasonably frequent intervals.
Current Advisory Circular: Issue No 45-1 (10th May 2000).
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Part 46 Maintenance & Surveys
Part 46 is divided into five sections.
Section 1 implements the survey and certification requirements of
SOLAS 74 and the 1988 Protocol to SOLAS 74 for applicable New Zealand
ships.
Section 2 outlines the continuing maintenance and inspection provisions
applying to those New Zealand ships which operate in approved safe
ship management systems.
Section 3 deals with the survey and certification requirements for
New Zealand barges of 24 metres or more in length, which do not
carry any person onboard while underway. If persons are carried
the vessel is to be treated as a ship.
Section 4 deals with port state control and any survey requirements
relating to foreign ships while they are at a New Zealand port or
operating in New Zealand waters.
Section 5 provides for the Director to recognise suitable persons
as surveyors for the purpose of this Part of the maritime rules.
Part 46 came into force on 1st February 1998.
Comment was invited on a draft amendment to Part 46 in late 2001.
This amendment included a change to the definition of the period
covered by a ship's maintenance plan.
Current Advisory Circular: Issue No 46-2 (October 2001).
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Part 47 Load Lines
Part 47 is divided into three sections.
Section 1 applies to commercial ships other than fishing ships of
more than 24 metres in length, and barges of 24 metres or more in
length which go beyond the coastal limit.
The requirements of Section 1 are those of the International Load
Line Convention 1966 and its 1988 Protocol. The assigned and marked
load lines indicate the draught to which the ship or barge may be
safely loaded, having regard to its design, construction and area
of operation.
Section 2 applies to smaller ships that carry cargo.
Section 3 applies to barges of 24 metres or more in length which
do not go beyond the coastal limit.
Each section prescribes requirements for assigning and marking load
lines and the issue of a load line certificate in respect of the
ship or barge.
Part 47 came into force on 1st February 1998.
Comment will be invited on a draft amendment to Part 47 in late
2001. This amendment included a change to draught mark requirements.
Current Advisory Circular: Issue No 47-2 (October 2000).
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Part 48 Tonnage Measurement
Part 48 requires certain New Zealand ships of 24 metres
or more in length to be measured for tonnage and issued with a tonnage
certificate. It applies to all such commercial ships and to other
ships which are to be registered in Part A of the New Zealand Register
of Ships.
This Part also applies to ships of the New Zealand Defence Force
which are 24 metres or more in length.
The tonnage measurement and tonnage certificate requirements implement
New Zealand’s obligations under the International Convention
on Tonnage Measurement of Ships 1969.
Part 48 came into force on 15th October 1998.
Comment was invited on a draft amendment to Part 48 in late 1998.
Current Advisory Circular: Issue No 48-2 (October 2000).
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Part 49 Ships' Lifting Appliances
Part 49 deals with the testing, examination and inspection
of ships' lifting appliances and the loose cargo gear carried onboard
the ship.
It also requires the marking of a ship's lifting appliances and
loose cargo gear and the carriage of a register of equipment, rigging
plan and certificates of test for the lifting appliances and gear.
Part 49 complements the Guidelines for Safety and Health in Port
Operations, produced by the Occupational Safety and Health Service
of the Department of Labour, under the Health and Safety in Employment
Act 1992, which covers the safety of lifting appliances and gear
which are shore-based. Both the OSH Guidelines and Part 49 implement
the requirements of the International Labour Organisation's Occupational
Safety and Health (Dock Safety) Convention 1979, No. 152.
Part 49 came into force on 1st February 2001.
Current Advisory Circular: Issue No 49-1 (20 February 2001).
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Questions and general enquiries about the rules and draft rules
should be directed to:
manager.rules@maritimenz.govt.nz.
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