Application of Maritime Rules Part 40C and Part 19 to ships undertaking towing operations
Maritime Rules Part 40C sets, among other things, design, construction, and equipment requirements for non‑passenger ships that engage in towing or towing operations, and for non‑passenger ships fitted with means of towing other ships.
Part 40C does not define towing or towing operations. It can also be unclear which general towing requirements apply to all non‑passenger ships, and which specific requirements apply only to non‑passenger ships using a towline.
This position statement explains Maritime NZ’s position on these matters and confirms that Maritime Rules Part 19: Maritime Transport Operator Certification and Responsibilities applies to the maintenance of towing equipment.
Our position
What towing and towing operations mean
Towing, or towing operations, means use of one non‑passenger ship to push, pull, or otherwise manoeuvre another ship. This includes when a non‑passenger ship is:
- pulling using a towline
- pushing from the stern
- tied up alongside another ship in order to effect a tow, often referred to as “hipped up”.
General requirements in Part 40C and maintenance under Part 19
General requirements in Part 40C state that a ship and its equipment must be fit in all respects for the intended use and operating limits.
For all non‑passenger ships engaged in towing of any kind, or fitted with a means of towing other ships, we consider fit for intended use to mean the ship must:
- be equipped to carry out the towing operation
- have sufficient stability, watertight integrity, and power to carry out the towing operation safely.
Any towing equipment must also be maintained as set out in the ship operator’s maintenance plan, as required by Part 19.
Requirements specific to towing using a towline
Part 40C requires non‑passenger ships that are engaged in towing operations to:
- be fully or partially decked
- meet intact stability requirements set out in Part 40C
- meet other requirements in rule 40C.60.
Maritime NZ will enforce these specific requirements only in respect of non‑passenger ships that are towing using a towline.
In addition, any non‑passenger ship that tows using a towline must also meet the general requirements above.
Legislative basis for this position
General requirements and maintenance of towing equipment
- rule 40C.10 – application of Part 40C
- rule 40C.8(2)(f) – survey requirements, ships must be properly equipped
- rule 19.45 – operator’s maintenance plan and maintenance of towing equipment.
Specific towline requirements
- rule 40C.13(4) – ship must be a decked ship
- rule 40C.60 – ship must meet stability, towing‑gear, and supporting‑structure design and strength requirements
- Part 40C Appendix 1, clauses 1.4 and 1.6 – intact stability requirements.
Key terms
| Decked ship |
Decked ship means a fully decked boat or partially decked boat as defined in rule 40C.2.Fully decked boat means a boat where the horizontal projection of the sheerline area is decking with opening appliances that are weathertight. The horizontal projection may also include:
Partially decked boat means a boat where at least two-thirds of the horizontal projection of the sheerline area is equipped with decking, cabins, shelters, or rigid covers that are weathertight and designed to shed water overboard. The decked area must include all the area within one-third of the length from the bow, plus the area 100 mm inboard from the periphery of the boat, excluding the transom. |
|---|---|
| Non-passenger ship |
Non-passenger ship means New Zealand commercial non-passenger ships that are not SOLAS ships, and foreign commercial non-SOLAS non-passenger ships that operate on the New Zealand coast that:
Definitions of the types of ship listed above are set out in Maritime Rules Part 40C, or have their ordinary meaning if not defined there. |
| Ship |
Ship means every description of boat or craft used in navigation, whether or not it has any means of propulsion, and includes:
|
| Towline |
Towline means a rope, cable, or other line used in towing. |