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Authority For Transport In Malta Act (Cap. 499) Ports And Shipping Act (Cap. 352) Mooring Services Regulations, 2010 (L.N. 100 Of 2010 )

VERŻJONI ELETTRONIKA

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IN exercise of the powers conferred by article 43(3) of the Authority for Transport in Malta Act and article 27 of the Ports and Shipping Act, the Minister for Infrastructure, Transport and Communications, in consultation with the Authority for Transport in Malta, has made the following regulations:

Services Regulations, 2010.
(2) These regulations shall be deemed to have come into force on the 1st January, 2010.
(3) The scope of these regulations is to regulate mooring men, the services provided by the mooring men and tariffs for such services.

Citation, commencement and scope.

Interpretation.

Act;
“the Act” means the Authority for Transport in Malta

Cap. 499.

“the Authority” means the Authority for Transport in
Malta as established by the Act;
“the Board” means the Mooring Services Board set up in accordance with the provisions of regulation 3;
“the Minister” means the Minister responsible for ports and shipping;
“mooring man” means a person licensed in terms of these regulations to provide mooring services;
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“mooring service” means the act, carried out by a mooring man, of assisting the master of a ship and, or the pilot in mooring, unmooring or changing the mooring of the ship;
“mooring service tariff” means the whole amount due by the ship for the provision of the mooring service as specified in the Schedule, and shall include the social contributions due in accordance with regulation 29 and other fees as may be charged by the Authority in connection with a mooring service;
“pilot” shall have the same meaning as is assigned to it in the Act;
“port” shall have the same meaning as is assigned to it in the Act;
“ship” shall have the same meaning as is assigned to it in the Act;
“statutory pension age” means that age at which a person becomes eligible to receive a mandatory social security retirement pension in terms of the Social Security Act.

Mooring Services

Board.

(2) The Board shall consist of the following members:

(a) a Chairman appointed by the Minister;

(b) a member nominated by the Authority;

(c) a member nominated by the mooring men; and

(d) a secretary with no voting powers to be appointed by the Minister.

functions:
(3) The Board shall exercise and perform the following

(a) to conduct examinations in connection with the licensing of prospective mooring men and to advise the Authority accordingly;

(b) to appoint panels of examiners for the purpose of the examinations aforesaid;

(c) to conduct disciplinary proceedings in respect of mooring men in accordance with the provisions of these regulations;

(d) to recommend to the Authority the award of such punishments to mooring men guilty of any breach of discipline as may from time to time be prescribed;

(e) to advise the Authority on any matter that the said Authority may refer to it from time to time in connection with mooring services; and

(f) t o p e r f o r m s u c h o t h e r f u n c t i o n s a s m a y b e prescribed to it from time to time.

(4) The quorum of the Board shall consist of the
Chairman and the two members.
(5) The Board shall reach its decisions by means of a majority vote.
(6) The Board shall meet as required at such date, time and place as the Chairman may appoint.
(7) Subject to the provisions of these regulations, the
Board may otherwise regulate its own procedures.

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Request for the attendance of a mooring man.

Mooring of ships.

Pilots to control mooring men.

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( 2 ) A l l m o o r i n g m e n s h a l l o b e y a l l l a w f u l a n d legitimate orders and instructions given by the pilot during the operation.

Standard of care and training.

Reports of accidents.

Manning scales.

Establishment of

Mooring Men Corps.

(2) Such notification shall be followed by a formal written report which shall reach the Authority and the leading mooring man not later than twenty-four hours after the occurrence of such incident or accident.
(3) The report mentioned in this regulation shall not be made available to any person other than those specified in sub- regulations (1) and (2) except by order of a competent court.
(4) Notwithstanding any proceedings which may be taken under any law, the Authority may take disciplinary action against any mooring man who fails to comply with the provisions of this regulation.

(2) When establishing such manning scales, the Board shall take into account the size of ships and the berths where ships are moored.

(2) The number of mooring men shall be adequate to provide prompt and efficient mooring services.
(3) The Board shall determine the number of mooring men required to provide prompt and efficient mooring services.

(4) The Mooring Men Corps shall provide mooring services as shall be determined by the Authority.

(2) All mooring men shall choose by means of an election one of them for the post of leading mooring man.
(3) The Authority may appoint the mooring man so elected to be the leading mooring man:
Provided that the Authority may refuse to appoint the mooring man so elected and may request the mooring men to elect another nominee.
(4) If the mooring men fail to elect within a time determined by the Authority a mooring man for the post of leading mooring man, the Authority may appoint any mooring man to be the leading mooring man.
(5) The leading mooring man may be appointed for a period of time determined by the Authority. The Authority may extend the appointment of the leading mooring man beyond such determined period of time.
(6) The Authority may remove the leading mooring man from his post if he behaves in such a manner as may render him unsuitable to hold such post.
(7) In considering the suitability of a mooring man to be appointed as a leading mooring man, the Authority shall take into account the mooring man’s seniority, experience and his ability to express himself clearly.

(a) supervision over mooring men;

(b) discipline and good order among mooring men;

(c) the roster in accordance with which mooring men are allocated work;

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Leading mooring man.

Duties of the leading mooring man.

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(d) the efficient operation of the equipment used by the mooring men in their work;

(e) the day to day maintenance of the equipment in order that such equipment is kept in good order and condition;

(f) conduct the administration of the Mooring Men

Corps;

(g) k e e p r e c o r d s o f t h e a t t e n d a n c e o f m o o r i n g men and submit returns of absences as may be required by theAuthority;

(h) provide the Authority with such statistical information as it may require;

(i) provide the Authority with periodical returns of earnings of members of the Mooring Men Corps and of the expenses incurred by the Corps;

(j) acquire alternative equipment as may be necessary from time to time;

(k) promptly report to the Authority defects and stoppages of such equipment and ensure that repairs are promptly carried out;

(l) keep such books of accounts and registers as may be required by the Authority from time to time;

(m) keep accounts of the remuneration received for services provided by the Mooring Men Corps;

(n) distribute the proceeds from such remuneration a m o n g t h e m o o r i n g m e n i n a c c o r d a n c e w i t h s u c h arrangements as may be agreed to by a majority of the members of the Mooring Men Corps or in accordance with any written agreement and as approved by the Authority;

(o) pay such expenses as are actually and properly incurred by the Mooring Men Corps in connection with the mooring services;

(p) comply with any directive given to him by the

Authority in connection with the mooring service; and

(q) perform any duties which may from time to time arise in connection with the functions of the Mooring Men Corps.

(2) The number of watches to be worked, the duration of each watch and the number of mooring men in each watch shall be determined by the Board.
(3) No mooring man shall absent himself from duty during the duration of his watch without the permission of the leading mooring man.
(4) In the case of absence due to ill-health, a mooring man shall within three days of such absence produce to the leading mooring man a medical certificate issued by a medical officer appointed by the Authority.
(5) Mooring men not on watch duties may be asked to put in extra attendance as and when required.
(6) The Authority may take disciplinary action against any mooring man who fails to comply with the provisions of this regulation.

(2) If the mooring men fail to abide by any directives given under the provisions of sub-regulation (1), the Authority may provide such communications equipment and other equipment which may be so required and the Authority may deduct the costs so incurred from the mooring dues.
(3) It shall be the duty of the leading mooring man to ensure that such communications equipment and other equipment is maintained in good working order and condition.

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Watch duties.

Equipment for mooring men.

Mooring men to wear uniform.

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(2) The form of such uniform shall be determined by
the Board.
(3) The Board may determine what items of the uniform may be provided to the mooring men free of charge.
(4) Disciplinary action shall be taken against mooring men who, while on duty, fail to wear the full and complete uniform as established by the Board, or who in any manner bring such uniform in disrepute.

Personal injuries scheme.

Mooring men’s licence.

(2) Such personal insurance policy shall be in such form as may be approved by the Board.
(3) Fifty per centum of the premium payable in respect of such insurance shall be paid by the mooring men so insured and the other fifty per centum shall be defrayed out of the Stabilisation Fund established by regulation 32.

(2) No person shall be licensed to serve as a mooring man in the Mooring Men Corps unless such person:

(a) is a citizen of the European Union;

(b) has more than eighteen years;

(c) produces satisfactory evidence of good character and sobriety of conduct by producing a certificate of good conduct issued by the Police; and

(d) has been declared to be physically fit to perform the duties of a mooring man by a medical board appointed by the Authority.

(3) No person shall be licensed to serve as a mooring man if he has been convicted of theft or fraud.

(4) The person in whose favour a licence is issued must pay to the Authority a fee as is established from time to time by the Authority.
(5) Such licence may be revoked by the Authority in terms of these regulations.
(6) When issuing a licence under these regulations, the
Authority may attach to the licence such conditions as it deems fit.

(2) If the medical board appointed under the provisions of sub-regulation (1) certifies that a mooring man is no longer fit to carry out his duties, the Authority shall revoke the licence of such mooring man.
(3) The retiring age for a mooring man shall be when he reaches the statutory pension age.

(2) The Authority may also suspend or revoke the licence issued to a mooring man as a consequence of the award by a Disciplinary Committee of a punishment consisting in the suspension or revocation of the licence, or if the mooring man absents himself from duty for a period exceeding one year. Such licence, if so revoked, shall cease to have effect from the date when such decision is taken by the Authority and, if so suspended, it shall cease to have effect for the period for which it is suspended.
(3) Subject to any condition which the Disciplinary Committee may make, the Authority may re-issue a licence to a mooring man whose licence has been revoked under sub-regulation (2) hereof.
( 4 ) A l i c e n c e i s s u e d t o a m o o r i n g m a n s h a l l b e surrendered to the Authority whenever it is for any reason cancelled, suspended or revoked. In such cases, the licence shall be returned to the Authority within twenty-four hours.
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Medical examination and retiring age.

Revocation and suspension of mooring man’s licence.

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(5) A mooring man whose licence has been cancelled, suspended or revoked shall have a right to appeal to the Board from the decision of the Authority or of the Disciplinary Committee by application within fifteen days of the notification to him of the decision.

Disciplinary proceedings.

Discipline to be administered by the Disciplinary Committee.

Provided that in cases of a serious breach of a mooring man’s obligations, the Authority shall have the right to temporarily suspend a mooring man’s licence pending disciplinary action by the Disciplinary Committee.
( 2 ) T h e A u t h o r i t y s h a l l a p p o i n t a D i s c i p l i n a r y Committee to be composed by not less than three members, one of whom shall be the Chairman of the Committee:
Provided that in any particular case, no person who initiated disciplinary action or who has some personal interest in such case shall be eligible to sit on the Disciplinary Committee appointed to hear such case.
to:
(3) It shall be the duty of the Disciplinary Committee

(a) investigate cases brought before it;

(b) summon witnesses;

(c) hear evidence under oath; and

(d) make recommendations to the Authority on the cases investigated by it.

(4) In the exercise of its powers in accordance with sub-regulation (3)(b) and (c), the Disciplinary Committee shall

have the powers which are conferred by law on the First Hall of the Civil Court:
Provided that:

(a) the Disciplinary Committee shall not in any case be enabled to order the detention of any person; and

(b) the duties of the court usher and of a court marshal respectively shall be performed by members of the Police Force.

(5) The Chairman of the Disciplinary Committee shall sign summons and administer the oath to witnesses.
(6) The Disciplinary Committee shall conduct its business in accordance with the provisions of these regulations.
(7) The Authority shall consider the recommendations of the Disciplinary Committee and shall thereafter take such disciplinary decision in accordance with the provisions of these regulations.
(8) The decisions taken by the Disciplinary Committee shall be final and binding.
(9) Subject to the provisions of these regulations, the
Disciplinary Committee shall regulate its own procedure.

(a) fine such mooring man a penalty of not less than six euro and ninety-nine cents (6.99) and not exceeding forty- six euro and fifty-nine cents (46.59); and, or

(b) suspend his licence for a period not less than ten days and not exceeding three months, during which time no

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Penalties.

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remuneration shall be paid to or received by such mooring man; or

(c) revoke his licence forthwith.

(2) Any administrative fine inflicted by the Authority according to the provisions of these regulations shall be recoverable by the Authority as a civil debt.

Criminal proceedings.

Automatic cancellation of licence.

Administration of tariff for mooring services.

Tariff for mooring services.

Persons bound to pay the tariff for mooring services.

Provided that in the case of a first offence involving an amount not exceeding six euro and ninety-nine cents (6.99), such mooring man shall be suspended by the Authority for a period of not less than ten days and not exceeding three months.

(a) the owner, charterer, master or agent of a ship in respect of which mooring services were performed; or

(b) the person who requests mooring services in respectof a ship; or

(c) by a person who has performed some service in the interests of a ship in respect of which mooring services were performed.

(2) The social security contributions to be paid by the persons mentioned in sub-regulation (1) shall be deemed to form part of the tariff.
(3) The Authority may charge interest on any overdue tariff for mooring services or any other payments payable to the Authority under these regulations from the date of presentation of the invoice until full payment is effected at the rate of two per centum per month or part thereof.

(2) The Authority may recover any tariff for mooring services out of such deposit or bank guarantee if such tariff is not paid within ten working days from the date of the invoice.
(3) Whenever the Authority takes such a measure, it shall promptly give the person who has made the deposit or furnished the guarantee an account of such payments recovered therefrom, and such person shall, within ten working days of being so notified by the Authority, reintegrate his deposit or bank guarantee to its original amount.
(4) Whosoever contravenes the provisions of this regulation shall be guilty of an offence and shall, on conviction before a court, be liable to a fine (multa) of not less than two hundred euro (200) but not exceeding twelve thousand euro (12,000).

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Deposit or bank guarantee.

Social security contributions.

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mooring men shall be deemed to have satisfied their obligation in respect of contributions payable by employed persons under the said Social Security Act, for the period from the basic earnings of which the social security deduction shall have been made.
(2) The Authority shall collect from the persons who in terms of regulation 27 are bound to pay the mooring dues, a levy hereinafter referred to as “the social security levy” equivalent to one-tenth (or such other fraction equivalent to the fraction at which the social security deduction is made from the earnings of the mooring men in accordance with sub-regulation (1) hereof) of the mooring dues due by them. On the payment of the social security levy by such persons their obligation in respect of contributions due by them as employers of the mooring men in accordance with the Act and in accordance with the Social Security Act, in respect of the period covered by the dues so paid, shall be satisfied.
(3) The Authority may make the social security deductions and collect the social security levy simultaneously with the collection of the mooring dues leviable under the provisions of these regulations.

Remittance of proceeds to the leading mooring man.

to:
(2) The leading mooring man shall use such proceeds

(a) pay such legitimate expenses as are incurred by the Mooring Men Corps in connection with the provision of mooring services, including the uniform and all the equipment of the mooring men;

(b) pay such allowances or other expences as may be agreed by the majority of the licensed mooring men forming part of the Mooring Men Corps and as approved by the Authority; and

(c) distribute the balance among serving mooring men in such manner as is approved by the Authority.

(3) The leading mooring man shall account for the transactions specified in sub-regulation (2) in the manner which from time to time may be prescribed by the Authority.

(4) The Authority shall appoint auditors to audit all the accounting books kept by the leading mooring man and such auditors shall submit to the Authority an appropriate written report and audit certificate.

(2) Any mooring man who contravenes the provisions of sub-regulation (1) shall be liable, for each such contravention, to an administrative penalty not exceeding forty-six euro and fifty- nine cents (46.59) as the Authority may impose.
(3) No person shall pay a mooring man any dues or other remuneration in respect of mooring services other than those specified in the Schedule.
(4) Any person who contravenes the provisions of sub- regulation (3) shall be guilty of an offence and shall, on conviction before a court, be liable to a fine (multa) of forty-six euro and fifty- nine cents (46.59) for each such offence.

(2) Persons bound to pay mooring dues in respect of mooring services provided by the Mooring Men Corps in accordance with the provisions of these regulations shall also pay to the Authority a levy of ten per centum on the gross expenses incurred for mooring services.
(3) The Authority shall remit to the Fund:

(a) the social security deductions made in terms of regulation 29(1);

(b) the social security levy collected in terms of regulation 29(2); and

(c) that part of the levy collected in terms of sub- regulation (2) as determined by the Authority.

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Over-charging.

Stabilisation Fund.

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(4) The Stabilisation Fund shall be administered by the
Board.
(5) The Authority shall keep such books of accounts as may from time to time be determined by the Minister.
(6) There shall be paid out of the Fund:

(a) the contributions due in respect of mooring men under the Social Security Act by employed persons and employers;

men;

(b) any bonus that may be payable to the mooring

(c) the extra attendance of the mooring men when so required under the provisions of these regulations;

(d ) fi f t y p e r c e n t u m o f t h e c o s t o f t h e p e r s o n a l insurance policy specified in regulation 16;

and

(e) the cost of uniforms issued to the mooring men;

(f) s u c h p a y m e n t s a s m a y f r o m t i m e t o t i m e b e authorised by the Authority.

(7) The transactions and the accounts of the Fund shall be examined by an auditor appointed by the Minister.

Proceedings

before the Court of

Magistrates. Cap. 9.

Revokes L.N. 163 of

1975.

L.N. 96 of 2003

.

Saving.

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Transitory provision.

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SCHEDULE Regulation 25

Mooring Dues

1. For the purposes of this Schedule:

“ton” means gross registered tonnage of a ship determined in accordance with the provisions of the International Convention on Tonnage Measurement of Ships, 1969.

2. (i) For mooring or unmooring a ship on entering, leaving or shifting berth at any berth, except at a buoy berth, other than for the services specified in paragraphs 4, 5 and 11 of this Schedule, there shall be charged:

(a) Ships not exceeding 500 tons ........................................... !20.96 (b) Ships exceeding 500 tons and not exceeding

1,000 tons ......................................................................... !25.62

(c) Ships exceeding 1,000 tons and not exceeding

2,000 tons ......................................................................... !27.95

(d) Ships exceeding 2,000 tons and not exceeding

3,500 tons ......................................................................... !32.61

(e) Ships exceeding 3,500 tons and not exceeding

5,000 tons ......................................................................... !32.61

(f) Ships exceeding 5,000 tons and not exceeding

7,000 tons ......................................................................... !34.94

(g) Ships exceeding 7,000 tons and not exceeding

10,000 tons ....................................................................... !37.27

(h) Ships exceeding 10,000 tons and not exceeding

15,000 tons ....................................................................... !41.93

(i) Ships exceeding 15,000 tons and not exceeding

20,000 tons ....................................................................... !44.26

(j) Ships exceeding 20,000 tons and not exceeding

25,000 tons ....................................................................... !46.59

(k) Ships exceeding 25,000 tons and not exceeding

30,000 tons ....................................................................... !53.58

(l) Ships exceeding 30,000 tons and not exceeding

40,000 tons ....................................................................... !55.90

(m) For every additional 10,000 tons or part thereof in

excess of 40,000 tons ......................................................... !6.99

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(ii) For mooring or unmooring a ship at The Dolphins at Grand Harbour, there shall be charged the following rates in addition to those specified in paragraph (i):

(a) For ships not exceeding 6,000 tons .................................. !23.29 (b) For ships exceeding 6,000 tons ........................................ !29.12

3. For mooring or unmooring of a ship at a buoy berth, other than for the services specified in paragraphs 4, 5 and 11 of this Schedule, there shall be charged ..................................................................................................... !69.88

4. On request for any other mooring service not connected with mooring or unmooring of a ship on arrival, departure or shifting, there shall be charged:

(a) the rates at paragraph 2 of this Schedule for ships berthed stern to a quay;

(b) half the rates at paragraph 2 of this Schedule for ships berthed alongside a quay or wharf; and

(c) the rate at paragraph 3 of this Schedule for ships on buoys.

5. If in any of the services specified in paragraphs 2, 3, 4 and 11 of this Schedule a mooring party are left in attendance or as a result of such services are detained in quarantine at any place for longer than two hours, the following additional dues shall be payable:

(a) from the second to the twenty-fourth hour

or part thereof ....................................................... !1.40 per man

(b) thereafter per twenty-four hour period or

part thereof ........................................................ !23.29 per man

6. In respect of the following services by mooring men, there shall be payable the following additional dues:

(a) for handling of mooring rope by boat crew........ !23.29 per rope

(b) for handling of mooring rope by hand ............... !11.65 per rope

7. Additional mooring or unmooring dues at the rate of 15% on the appropriate rates shall be payable in respect of services rendered between sunset to sunrise and on Sundays and public holidays.

8. When a cancellation for a request for a mooring or unmooring service is made, the following dues shall be applicable:

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(a) when a cancellation notice is made prior to two

hours before commencement of operation ..................No charge

(b) when a cancellation notice is made within the two hours immediately proceeding the

commencement of operation ...................... 25% of standard rate

(c) when the mooring man has, on request, reported aboard for an operation which is

later cancelled............................................. 50% of standard rate

9. When mooring men are required to work extra duty, i.e. duties in excess of their normal watch hours, there shall be payable !23.29 per mooring man per operation.

10. In respect of disabled vessels, there shall be payable in respect of mooring men !93.17 per operation irrespective of number of mooring men.

11. All rates for mooring or unmooring of a ship shall cover any number of hours required to be performed by any of the personnel in the Mooring Corps.

12. For any other particular mooring services not otherwise specifically provided for in this Schedule, the dues payable shall be determined by the Authority who shall, as far as possible, assimilate them to the appropriate dues specified in this Schedule.