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B 223
Supplement to Official Gazette No. 45, Vol, 50, 4th July, 1963—Part B
L.N. 71 of 1963
CUSTOMS TARIFF ACT, 1958
(No, 60 OF 1958)
Customs Tmriff (Duties and Exemptions) (No. 2) Order, 1963
Comtnencement : JulyN.
In exercise of the powers conferred by subsection (1) of section 6 of the Customs Tariff Act, 1958, the Governor-General, acting in accordance with the advice of the Council of Ministers, has made the following Order—
1. This Order may be cited as the Customs Tariff (Duties and Exemptions) (No. 2) Order, 1963, and shall be of Federal application.
Citation and Application.
2. The First Schedule to the Customs Tariff Act, 1958 (which relates to Amendment import duties of Customs), as the same was replaced by the Customs Tariff (Duties and Exemptions) Order 1962, is amended— Nn Mof
1958I..N. 25 of 1962.
(fl) (t) by the re-numbering of paragraph (2) of item 63 as paragraph (3)
(u) by the addition in item 63 of the,following paragraph—
“(2) Waste yarns imported for use in the manufacture of blankets by a manufacturer approved in that behalf by the Minister .. the pound (net
thread weight) .. 0 0 1”
Ma d e at Lagos this 25th day of June, 1963.
IR. C. On y e j e pu,Acting Deputy Secretary to
the Council of Ministers
Ex pl a n a t o r y No t e
This Order miposes a duty on waste yarns imported by approved manufacturers solely for the manufacture of blankets of Id per pound (net thread weight).
F11021/S. 218/T
*
B 224
L.N. 72ofl963
INDUSTRIAL DEVELOPxAIENT (INCOAIE TAX RELIEF)
ACT, 1958
Industrial Development (Income Tax Relief)(Base Metals and tlieir Alloys) Order, 1963
Commencement : Mh July^y^Ch
Wh e r e a s a representation has been received pursuant to subsection (1) of section 3 of the Industrial Development (Income Tax Relief) Act for the m^ng of an Order declaring the industrj ̂and the products set out in the Schedule to this Order to be a pioneer industry and pioneer products:\ An d w e ie r e.\s all necessary steps have been taken pursuant to subsections (1) and (2) of section 3 of the said Act, prior to the making of this Order ;
Now THEREFORE, in exercise of the powers conferred by subsection (2) of section 3 of the Industrial Development (Income Tax Relief) Act, 1958 the Governor-General, after consultation with the Council of Ministers’ has made the following Order :— ’
(p This Order may be cited as the Industrial Development (Income Tax Relief) (Base Metals and their Alloys) Order, 1963 and shall be of Federal applications.
(2) It is hereby declared that:—(а ) the industry set out in the Schedule hereto shall be a pioneer
industry; and(б ) the products set out in the Schedule hereto shall be the pi
products of the industry.
Citation and application.
Declaration.
oneer
SCHEDULE
Industry
The Smelting of base metals and the manufacture of their allovs
Products
Base Aletals and their alloys
R.|C. On y e j e pu,Acting Deputy Secretary to the
Council of MinistersLagos, 25th June, 1963.
Ex pl a n a t o r y No t e
This Order accords pioneer status to the smelting and refining of base metals and the manufacture of their allovs and thus supercedes the Industrial Development (Income Tax Relief) (The Smelting and Refining of Tin) Order, 1962.
B 2 2 5
L .N .7 3 o f l9 6 3
C U S T O M S A N D E X C IS E M A N A G EM E N T O R D IN A N C E , 1 9 5 8
(N o . 5 5 OF 1 9 5 8 )
O p e n G e n e ra l im p o r t L ic en c e (S c h e d u le d T e r r i to r ie s a n d
E a sy C u r re n c y C o u n tr ie s ) N o . 2 o f 1 9 5 9
Commencement: Ath July, 196Z
I n e x e rc is e o f th e p o w e rs c o n fe r re d by se c t io n 4 o f th e Im p o r ts P ro h ib i t io n
O rd e r , 1 9 5 9 , th e Im p o r t L ic e n s in g A u th o r i ty h a s am en d e d th e O p e n G e n e ra l
Im p o r t L ic e n c e (S c h e d u le d T e r r i to r ie s a n d E a sy C u r re n c y C o u n tr ie s )
N o . 2 o f 1 9 5 9 b y th e a d d i t io n to th e l is t o f “ O th e r C o u n tr ie s” 'l is te d in th e
F i r s t S c h ed u le th e re to o f th e fo l lo w in g c o u n try:—
B u lg a r ia
L.X. 2.t7of
J. B . El u me z e,Import Licensing Authoritv,
Federal Ministry of Commerce and Imlustry
Ma d e th is 4 th d a y o f J u ly , 1 9 6 3 .
Ex pl a n a t o r y No t e
T h e e f fe c t o f th is am en dm en t is to m a k e a l l im p o r ts o r ig in a t in g in B u l f ^ a r ia
s u b je c t to th e te rm s o f th e O p e n G en e ra l Im p o r t L ic en c e N o , 2 oi y v i th e f fe c t f ro m th is d a y ,
S I .1 6 9 6 /S . 3 1
1959
L .N . 7 4 o f 1 9 6 3
P O O L B E T T IN G A C T , 1 9 6 3
(1 9 6 3 , N o . 1 6 )
A p p o in te d D a y N o t ic e
A « b y s u b se c t io n (2 ) o f s e c t io n 3 o f th e P o o l B e t t in i
Da t e d a t L a g o s th is 2 5 th d a y o f J u n e , 1 9 6 3 .
H . 0, O.MENAI, Permanent Secretary,
Ministrylof Internal Affairs
M IA s2 6 8 /S . 1
B 226
THE MERCHANT SHIPPING (FISHING BOAT) .
REGULATIONS, 1963
Pa r t I—Ge n e r a l
1. Short title and application.2. Interpretation.
3. Fishing boats to be surveyed and registered.
Pa r t II—Re g is t r a t io n
4. Certificate of registration.
5. Registration numbers.6. Keeping of register.7. Issue of certificates.
8. Endorsement of certificate for alterations.
9. Change of place of registration.
Pa r t III —Ce r t if ic a t e s o f Co mpe t e n c v
10. Certificated crew for fishing boat.
11. Manning of fishing boats.12. Certificates of competency.13. Permits in place of certificates.
14. Endorsement of Engineering Assistants’ Certificates.
15. Conditions for qualifying examination as Coxswain.16. Conditions for qualifying examination as Mate.17. Conditions for qualifying examination as Skipper.
18. Conditions for qualifying examination as Motorman, Grade IL 19- Conditions for qualifying examination as Motorman, Grade I.20. Conduct of examinations.
21. Examiners.
22. Grant of certificate of competency.23. Application for examination.24. Endorsement of Engineering Assistant’s certificate.
25. Proof of service at sea.26. Fees for certificate of competency.27. I.oss of certificate, etc.
5
B 227
Pa r t IV—Su r v e y : Sa f e t y Eq u ipme n t
28. Survey. ^
29. Lifesaving appliances.
30. Distress signals.
31. Sounding apparatus.
32. Anchors and cables.
33. Hawsers.
34. Bilge pumps.
35. Sounding pipes.
36. Inland waters fishing boats.
37. Firefighting equipment.
38. Grant of certificate of survey.
Pa r t V—M i s c e l l a n e o u s
39. Lights, signals, etc.
40. Exemption.
^1. Fees.
42. Tonnage.
First Schedule—Syllabuses for certificates of competency.
Second Schedule—Fees.
B 228
L.N. 75 of 1963MERCHANT SHIPPING ACT, 1962
(1962, No. 30)
The Merchant Shipping (Fishing Boat) Regulations, 1963
Commencement : Athjuly, 1963
In exercise of the power conferred by section 427 of the Merchant SMpping Act, 1962, the Federal Minister of Transport hereby makes the following regulations—
Pa r t I—Ge n e r a l
1. These regulations may be cited as the Merchant Shipping ̂(Fishing Boat) Regulations, 1963 and shall apply to all power driven fishing boats except—
Short title and application.
(a) power driven small craft, as defined in the Power Driven Small Craft Regulations, 1963;
(b) boats used solely for fishing for pleasure; and
(c) fishing boats properly registered in another country and holdinga valid certificate of survey or other safety certificate issued by a recognised authority in that country and deemed to be the equivalent of a certificate issued under these regulations. '
2. In these regulations, unless the context otherwise requires,
“approved” means approved by the Government Inspector of Ship
ping ;
“ buoyant apparatus” means flotation equipment (other than lifeboats, lifebuoys and lifejackets) designed to support persons who are in water ;
“Collision Regulations” means the International Regulations for Preventing Collisions at Sea, 1948 ;
“fishing boat” has the same meaning as assigned in section 2 of the
Interpretation.
Act;
“ liferaft ” means a properly constructed raft, capable of being inflated or otherwise designed to support persons out of water;
“Surveyor” means a person appointed as such under section 146 of theAct.
3.—(1) Every owner or his agent, or the person in charge, of any fishing boat shall, within six months of the conunencement of these regulations, cause such fishing boat to be surveyed and registered in accordance with these regulations, and shall thereafter cause the said boat to be surveyed at intervals not exceeding twelve months.
(2) Every owner, agent or person in charge as aforesaid who, after a period of she. months from the commencement of these regulations operates any fishing boat without being, in possession of a valid certificate of survey and registration in respect of that boat, shall be guilty of an offence and shall, on conviction, be liable to a fine not exceeding one hundred pounds or to imprisonment for a term not exceeding six months or both.
Fishing boats to be surveyed - andregistered.
B 2 2 9
Pa r t II —Re g is t r a t io n
( 1 ) E v e r y o w n e r o r M s a g e n t , o r t h e p e r s o n i n c h a r g e , o f e v e r y f i s M n g
b o a t s h a l l o b t a i n o n p a y m e n t o f t h e p r e s c r i b e d f e e f r o m s u c h o f f i c e r a s t h e
M i n i s t e r m a y , b y n o t i c e i n t h e G a z e t t e , a p p o i n t t o b e R e g i s t r a r o f f i s h i n g
b o a t s ( h e r e i n a f t e r i n t h e s e r e g u l a t i o n s r e f e r r e d t o a s t h e R e g i s t r a r ) , a c e r t i f i
c a t e o f r e g i s t r a t i o n i n t h e f o r m p r e s c r i b e d i n t h e F i r s t S c h e d u l e t o t h e s e
r e g u l a t i o n s .
( 2 ) N o f i s M n g b o a t w i l l b e r e g i s t e r e d u n d e r t h e s e r e g u l a t i o n s u n l e s s t h e r e
i s p r o d u c e d t o t h e R e g i s t r a r a t t h e t i m e o f r e g i s t r a t i o n a v a l i d c e r t i f i c a t e o f
s u r v e y a s p r o v i d e d i n P a r t l Y o f t h e s e r e g u l a t i o n s .
( 3 ) T h e c e r t i f i c a t e o f r e g i s t r a t i o n s h a l l a l w a y s b e i n t h e p o s s e s s i o n o f t l i e
p e r s o n i n c h a r g e o f e a c h f i s M n g b o a t a n d i t s h a l l b e p r o d u c e d o n d e m a n d
t o t h e R e g i s t r a r , a n y P o l i c e O f f i c e r , H a r b o u r M a s t e r , O f f i c e r o f C u s t o m s o r
S u r v e y o r a n d a n y p e r s o n w h o f a i l s , n e g l e c t s o r r e f u s e s t o p r o d u c e s u c h
c e r t i f i c a t e w h e n r e q u i r e d t o d o s o s h a l l b e g u i l t y o f a n o f f e n c e a n d s h a l l ,
o n c o n v i c t i o n , b e l i a b l e t o a f i n e o f f i v e p o u n d s o r o n e m o n t h i m p r i s o n m e n t .
Certificate
registration.
5.—(1) Upon registration, each fishing boat will be allocated a registration R e g i s t r a t i o n
number, and such number shall consist of the initial letters of the port of n u m b e r s ,
r e g i s t r a t i o n a s p r e s c r i b e d i n p a r a g r a p h ( 2 ) o f t h i s r e g u l a t i o n f o U o w ' e d b y
o n e o r m o r e n u m e r a l s .
(2) The places where fishing boats may be registered and their appropriate
initid letters shall be—
( t ) L a g o s
{it) W a r r i
(m) PortHarcourt .
(w) C d a b a r . .
{v) Lokoja
(w) Onitsha ..
( 3 ) T h e r e g i s t r a t i o n n u m b e r s h a l l b e i n s c r i b e d i n c o n t r a s t i n g c o l o u r s
o n e a c h s i d e o f t h e b o w i n l e t t e r s a n d f i g u r e s o f a t l e a s t 1 8 i n c h e s i n h e i g h t
o r a s n e a r t o t h a t h e i g h t a s t h e f r e e b o a r d o f t h e b o a t w i l l a l l o w a n d , i f t h e
f i s M n g b o a t i s e q u i p p e d w i t h a f u n n e l o r s a i l , t h e r e g i s t r a t i o n n u m b e r s h a l l
d s o b e i n s c r i b e d t h e r e o n .
( 4 ) T h e o w n e r , a g e n t o r p e r s o n i n c h a r g e , o f a n y f i s h i n g b o a t w h o p e r m i t s
t h a t b o a t t o o p e r a t e w i t h o u t t h e r e g i s t r a t i o n n u m b e r s b e i n g c l e a r l y m a r k e d
o n i t i n a c c o r d a n c e w i t h t h e p r o v i s i o n s o f t h i s r e g u l a t i o n s h a l l b e g u i l t y
of an offence and, on conviction, shall be liable to a fine not exceeding five
p o u n d s o r t o i m p r i s o n m e n t f o r a t e r m n o t e x c e e d i n g o n e m o n t h .
6 . T h e R e g i s t r a r s h a l l k e e p a r e g i s t e r b o o k c o n t a i n i n g t h e p a r t i c u l a r s o f K e e p i n g o f
every fishing b o a t registered by him in such manner as may be directed by r e g i s t e r ,
the Minister. |
7 . — ( 1 ) B e f o r e a c e r t i f i c a t e o f r e g i s t r a t i o n i s i s s u e d t h e R e g i s t r a r m a y i s s u e o f
r e q u i r e t h e p e r s o n m a k i n g t h e a p p l i c a t i o n t o p r o d u c e p r o o f o f o w n e r s h i p c e r t i f i c a t e s ,
o f t h e f i s h i n g b o a t i n q u e s t i o n .
( 2 ) T h e o r i g i n a l c o p y o f t h e c e r t i f i c a t e o f r e g i s t r a t i o n s h a l l b e d e l i v e r e d
t o t h e p e r s o n m a k i n g t h e a p p l i c a t i o n , t h e d u p l i c a t e c o p y s h a l l b e d e s p a t c h e d
t o t h e G o v e r n m e n t I n s p e c t o r o f S h i p p i n g a n d t h e t r i p l i c a t e c o p y s h a l l b e
retained by the Registrar for record purposes.
LA
W A
.. PH
. . C A
.. LK
.. ONm » • •
B 230
8. —(1) Every alteration in the dimensions, structure or engines and every change of name or ownership of any fishing boat shall be reported to the Registrar who shall, upon payment of the appropriate fee set out in Ae Second Schedule to these regulations, endorse the certificate of registration accordingly, ensuring that the triplicate copy in his possession is also endorsed and the entry in the register amended.
(2) Where endorsement as aforesaid is carried out at a port of registration other than that at which the original certificate was issued, the Registrar making the endorsement shall immediately transmit the details of such endorsement to the Registrar at the original place of registration for action as in paragraph (1) of this regulation on the triplicate copy of the certificate and the register.
(3) Every endorsement on a certificate of registration shall be reported to the Government Inspector of Shipping by the Registrar making the endorsement.
(4) The owner, agent or person in charge of any fishing boat who fails to report to the Registrar after making any of the alterations as aforesaid shall be guilty of an offence and shall, on conviction, be liable to a fine not exceeding five pounds or imprisonment for a term not exceeding one month.
9. If the owner of any fishing boat wishes for any reason to change the registration from one port to another, he may apply to the Registrar at the proposed place of registration to have a new certificate of registration issued and on payment of the appropriate fee set out in the Second Schedule to these regulations, the Registrar shall issue a new certificate, retain the old certificate for transmission to the Registrar at the original place of registration for cancellation and the deletion of that boat from his register, and shall report the details to the Government Inspector of Shipping.
Pa r t III —Ce r t if ic a t e s o f Co mpe t e n c y
10. No sea-going fishing boat shall proceed to sea from any place in Nigeriaunless her crew on board are certificated persons in accordance with the provisions of this Part. -
11. —(1) Every sea-going fishing boat to which this Part applies shall carry on board for service certificated persons as follows—
(a) sea-going fishing boat not exceeding 60 feet in length, one Coxswain (Fishing) and one Motorman (Fishing) Grade II ; but ff such boat is intended to remain at sea for more than twelve hours continuously, two such Coxswains and Motormen shall be carried;
{b) sea-going fishing boat over 60 feet but not exceeding 100 feet in length, one Mate (Fishing) one Coxswain (Fishing), one Motorman (Fishing) Grade I and one Motorman (Fishing) Grade II ;
(c) sea-going fishing boat over 100 feet in length, one Skipper (Fishing), one Mate (Fishing), one Third Class Engineer and one Motorman (Fishing) Grade I; and
(d) in addition there shall at all times be sufficient men on deck to ensure that the boat is seaworthy.
(2) Every fishing boat operating on inland waters only shall carry on board for service, Rivermasters, Quartermasters, Rivermen, Engineers, Engineering Assistants or Motormen in accordance with the provisions of the Merchant Shipping (Manning) Regulations, 1963, relating to inland waters vessels of • similar size and horsepower.
Endorsement of certificateforalterations.
Change of place of registration.
Certificated crew for fishing boat.
Manning offishingboats.
B 231(3) The owner or his agent, or any person in charge of any fishing boat to
■ wnich these regulations apply, operating frona any place in Nigeria without the requisite number and grades of certificated persons on board as provided by this regulation shall be guilty of an offence and shall, on conviction, be liable to a fine not exceeding one hundred pounds or to imprisonment for a term not exceeding six months or both.
12. Pereons who are required by these regulations to be certificated shall Certificates hold certificates of competency issued xmder these regulations or under section 7 of the Act.
13. The Government Inspector of Shipping may, and subject to such conditions as he may think fit to impose, issue to any person who, in his opinion, is suitably qualified, a permit authorising the holder thereof to serve
certificated person on board any fishing boat to which these relations apply and such permit shall, for the purposes of these regulations and for the period stated thereon, be deemed to be the equivalent of a certificate of competency.
14. Any person holding a certificate of competency as Engineering Assistant for inland waters craft may have such certificate endorsed as hereinafter provided, and such endorsed certificate shall be deemed to be the equivalent of a Motorman’s (Fishing) Grade" I certificate for the purposes of these regulations.
II
15. No person shall be examined for a certificate of completency as Cox- Conditions swain (Fishing) unless—•
(a) he is 18 years of age or over and literate;
(b) he has served for two years as deck hand or able seaman at sea in sea-going fishing boats;
(c) he holds a certificate by a Skipper, Mate or Coxswain to the effect that he can steer a boat efficiently by compass and that he has done so regularly as part of his sea-going duties ;
(d) he holds a certificate showing that he has passed an eyesight testin accordance with the provisions of section 8 of the Act; and
(e) he holds a certificate of good character from his employer;\
except that a person holding a certificate of competency as Rivermaster or Quartermaster granted under section 7 of the Act and has completed further twelve months at sea in sea-going fishing boats in a deck capacity may be examined if he produces an eyesight test certificate as aforesaid and a certificate of good character from his employers.
16. No person shall be examined for a certificate of competency as Mate(Fishing) iinless—
(a) he is twenty years of age or over;
{b) he is the holder of a certificate of competency as Coxswain (Fishing) and has served as such for at least two yearn in sea-going fishing boats;
-sM he holds an eyesight test certificate as stated in paragraph (d) of regulation 15;
(d) he holds a certificate of good character from his employers.
competency.
Permits in place of certificates.
as a
Endorsement of Engineering Assistants* Certificates.
forqualifying examination as Coxswain.
a
Conditionsforqualifying examination ^ Mate.
B 232
Conditions 17. No person shall be examined for a certificate of competency as Skipper(Fishing) unless—
(а ) he is twenty-four years of age or over;(б ) he is the holder of a certificate of competency as Mate (Fishing)
and has served as such for at least two years ;
(c) he holds an eyesight test certificate as stated in paragraph (d) regulation 15 ; and
(d) he holds a certificate of good character from his employers.
18. (1) No person shall be examined for a certificate of competency as IMotorman (Fishing) Grade II unless—
(а ) he is eighteen years of age or over and literate ;(б ) he has served at sea in a sea-going fishing boat in a junior engine
room capacity for at least one year; and
(c) he holds a certificate of good character from his employers.(2) Every such certificate shall be endorsed with the type of engine which
the holder is competent to operate.
(3) ̂ A candidate for such certificate may requ^t the examiner to allow his examination to cover more than one type of engme, and if the examiner is satisfied as to the candidate’s competency, he may give him a general examination covering all types of engines and the certificate in this case may be endorsed for “All Types of Engine” but may also be limited as to horsep
(4) After being granted an initial certificate, candidates may at any timethereafter apply to have their certificate endorsed for any other type of engine other than that specified originally on the certificate. In this case they will be given a further examination and will be required to pay the prescribed fee. i t' j
(5) Any person holding a Motorman’s (Fishing) Grade II certificate ofcompetency who operates or takes charge of a fishing boat engine of a type for which his certificate is not endorsed shall be guilty of an offence and, on conviction, shall be liable to a fine not exceeding five pounds or to imprisonment for a term not exceeding one month. '
forqualifying examination as Skipper.
Conditionsforqualifying examination as Motorman, Grade II.
ower.
person shall be examined for a certificate of competency as Motor- man (Fishing), Grade I unless—
Conditionsforqualifying examination as Motor- man,Grade I.
(а ) he is twenty-two years of age
(б ) he holds a certificate of competency as Motorman (Fishing) Grade II and has sen,xd as such for at least four years in sea-going fishmg boats ; and
(c) he holds a certificate of good character from his employers.
20. Examinations shall be conducted in such manner as the Government Inspector of Shipping imy direct and, so far as it is applicable, in accordance
’ provisions of the Merchant Shipping (Examination for Certificates
or over;
Conduct of examinations.
Examiners.
Grant of certificate of compe- tenej'.
22. Any person who has satisfiedis otherwfee qualified in accordance w-ithXse re^latioS, Sf be gran“ d a certificate of competency in such form as may be approved by the Minister.
B 2 3 3
2 3 . A n y p e r s o n d e s i r i n g t o b e e x a m i n e d f o r a c e r t i f i c a t e o f c o m p e t e n c y A p p l i c a t i o n
u n d e r t h e s e r e g u l a t i o n s s h a l l a p p l y t o a n y e x a m i n e r o n t h e p r o p e r a p p l i c a t i o n e x a m i n a -
f o n n w h i c h m a y b e o b t a i n e d f r o m a n y e x a m i n e r .
2 4 . T h e h o l d e r o f a n E n g i n e e r i n g A s s i s t a n t’ s c e r t i f i c a t e o f c o m p e t e n c y
may have such certificate endorsed for service in sea-going fishing boats,u p o n p r o v i d i n g p r o o f o f s i x m o n t h s f u r t h e r s e r v i c e a t s e a i n s e a - g o i n g
f i s h m g b o a t s i n a j u n i o r e n g i n e r o o m c a p a c i t y .
E n d o r s e
m e n t o f
E n g i n e e r
i n g A s s i s
t a n t ’ s
c e r t i f i c a t e .
■ &
25. Candidates shall be required to_ produce in the form of testimonials
or o t h e r v n s e , p r o o f o f t h e q u a l i f i c a t i o n s r e q u i r e d b y t h e s e r e g u l a t i o n s .
S u c h t e s t i m o n i a l s s h ^ i n c l u d e e v i d e n c e t h a t t h e c a n d i d a t e h a s p e r f o r m e d
t h e n e c e s s a r y s e a s e r v i c e a n d s u c h s e r v i c e m u s t a c t u a l l y h a v e b e e n p e r f o r m e d
a t s e a .’ S e r v i c e i n f i s h i n g b o a t s w h i l s t l a i d u p o r i n p o r t o r s e r v i c e i n f i s h i n g
boats plying on inland waters only shall not normally be allowed to count
t o w a r d s a n y q u a l i f y i a g s e a s e r v i c e .
Proof of
service at
s e a .
2 6 . C a n d i d a t e f o r c e r t i f i c a t e s o f c o m p e t e n c y u n d e r t h e s e r e g u l a t i o n s
shall, before being examined, pay to the examiner the requisite fee as set out in the Second Schedule to these regulations.
Fees for
certificates
of competency.
2 7 . — ( 1 ) W h e n a ' i c e r t i f i c a t e o f c o m p e t e n c y g r a n t e d u n d e r t h e s e r e g u l a t i o n s Loss of
i s l o s t , s t o l e n , d e s t r o y e d o r d e f a c e d , a r e p l a c e m e n t t h e r e o f m a y b e o b t a i n e d c e r t i f i c a t e ,
i n t h e m a n n e r s e t o u t i n r e g u l a t i o n 1 9 o f t h e M e r c h a n t S h i p p i n g ( E x a m i n a -
t i o n f o r C e r t i f i c a t e o f C o m p e t e n c y , D e c k ) R e g u l a t i o n s , 1 9 6 3 u p o n p a y m e n t
o f t h e f e e p r e s c r i b e d .
( 2 ) I f t h e h o l d e r o f a c e r t i f i c a t e c h a n g e s h i s n a m e h e m u s t a t o n c e r e t u r n
t h e c e r t i f i c a t e t o a n ' e x a m i n e r f o r t h e n e w n a m e t o b e e n d o r s e d t h e r e o n .
Pa r t IV —Su r v e y : Sa f e t y Eq u ipme n t
28. E v e r y f i s h i n g b o a t t o w h i c h t h e s e r e g u l a t i o n s a p p l y s h a l l b e s u r v e y e d Survey, a n n u a l l y i n a c c o r d a n c e w i t h t h e p r o v i s i o n s o f r e l a t i o n 3 o f t h e s e r e g u l a t i o n s
a n d n o c e r t i f i c a t e o f s i u r v e y w i l l b e g r a n t e d u n l e s s t h e s u r v e y o r i s s a t i s f i e d
t h a t t h e h u U , m a c h m e r y a n d e q u i p m e n t a r e i n g o o d c o n d i t i o n a n d s u f f i c i e n t
f o r t h e i n t e n d e d s e n d e e o f t h e b o a t a n d a r e i n a c c o r d a n c e w i t h t h e p r o v i s i o n s
o f t h i s P a r t o f t h e s e r e g u l a t i o n s .
2 9 . E v e r y s e a - g o i n g f i s h i n g b o a t t o w h i c h t h e s e r e g u l a t i o n s a p p l y s h a l l Lifesaving
b e p r o v i d e d w i t h l i f e s a v i n g a p p l i a n c e s a s f o l l o w s : — appliances.
( a ) a s e a - g o i n g f i s h i n g b o a t o f 1 5 0 f e e t i n l e n g t h o r o v e r s h a l l c a r r y
e i t h e r —
( z ) a t l e a s t t w o l i f e b o a t s a t t a c h e d t o d a v i t s , s o a r r a n g e d t h a t t h e r e
i s a t l e a s t o n e l i f e b o a t o n e a c h s i d e o f t h e b o a t , t h e l i f e b o a t s o n e a c h s i d e
o f t h e b o a t b e i n g o f s u f f i c i e n t a g g r e g a t e c a p a c i t y t o a c c o m m o d a t e a l l
p e r s o n s o n b o a r d ; a n d , i n a d d i t i o n , a t l e a s t t w o l i f e r a f t s o f s u f f i c i e n t
a g g r e g a t e c a p a c i t y t o a c c o m m o d a t e a l l p e r s o n s o n b o a r d a n d s o s t o w e d
t h a t r i i e y c a n r e a d i l y b e t r a n s f e r r e d i n t o w a t e r o n e i t h e r s i d e o f t h e
b o a t ; o r
(k ) a C l a s s C l i f e b o a t a t t a c h e d t o a d a v i t ; a n d , i n a d d i t i o n , t w o l i f e r a f t s
o f s u f f i c i e n t a g g r e g a t e c a p a c i t y t o a c c o m m o d a t e t w i c e t h e n u m b e r o f
p e r s o n s o n b o a r d a n d s o s t o w e d t h a t t h e y c a n r e a d i l y b e t r a n s f e r r e d
i n t o w a t e r o n e i t h e r s i d e o f t h e b o a t .
B234
(b) a sea-going fishing boat of less than 150 feet but more than 100 feet in length shall carry either—
(r) a lifeboat of sufficient capacity to accommodate all persons on board, attached to a davit; and liferafts of sufficient aggregate capacity to accommodate all persons on board and so stowed that they can readily be transferred into the water on either side of the boat, and if there are more than 13 persons on board, two liferafts shall be carried;or
(zY) a Class C lifeboat attached to a davit; and at least two liferafts of sufficient aggregate capacity to accommodate not less than one-and-a half times the number of persons on board, and so stowed that they can readily be transferred into the water on either side of the boat, except that the Class C lifeboat to be carried by a boat under 120 feet in length and carrying at least two liferafts of sufficient aggjregate capacity to accommodate twice the number of pemons on board, and stowed as aforesaid, shall not be required to be attached to a davit, but shall be so stowed that it can readily be placed in the water on either side of the boat, or if the boat has a list, on the side which is lower in water.
(c) a. sea-going fishing boat of less than 100 feet, but more than 70 feet in length, shall carry two liferafts, each of sufficient capacity to accommodate one-and-a-half times the number of persons on board, and so stowed that they can readily be placed in water on either side of the boat, or will float free in the event of the parent vessel foundering. If rafts which can be inflated are carried, the total life-saving capacity need not be more than one-and-a-half times the number of persons on board. If such fishing boat proceeds on a voyage south of latitude 3° North or West of longitude 18° West, it shall carry, in addition to the liferafts, a Class C lifeboat attached to a davit so that it can be . readily placed in the water on either side of the boat, and of sufficient capacity to accommodate all persons on board.
(i) a sea-going boat of less than 70 feet, but more tlian 50 feet in length, which does not at any time proceed on a voyage of more than 100 miles from the coast of Nigeria, shall carry one or more liferafts of sufficient aggregate capacity as to accommodate one-and-a-half times the number of persons on board. If such fishing boat proceeds on a voyage longer than 100 miles, it shall, in addition to the liferafts, carry a Class C lifeboat so stowed that it can readily be placed in water on either side of the boat, or if the boat has a list, then on the side which is lower in the water, and of sufficient capacity to accommodate all persons on board.
(e) All sea-going fishing boats of 50 feet and over in length shall be fully decked.
(/) if the fishing boat is under 50 feet in length and not fully decked it shall be fitted with—
(?) such internal buoyancy as required by the Government Inspector of Shipping; and
{ii) bilge keels or rails or other means of enabling persons to cling to the boat if overturned; and it shall also carry sufficient oars or paddles to enable it to be manoeuvred without the use of the engines.(g) Every sea-going fishing boat of 100 feet or over in length shall carry
at least four lifebuoys and every such boat of under 100 feet in length shall carry at least two lifebuoys except that in the case of a boat of und t 50 feet in length, there shall be sufficient lifebuoy accommodation fo all persons on board.
B 235(h) Every sea-going fishing boat shall carry one life-jacket for every
person on board.
^ (f) Every sea-gomg fishing boat of 70 feet in length or over shall carry line throwing apparatus.
30.—(1) Every sea-going fishing boat of 100 feet or over in length shall Distress carry not less than twelve parachute distress rocket signals. signals.
(2) Every sea-going fishing boat of less than 100 feet but more than 50 feet in length shall carry at least two parachute distress rocket signals and six red hand flares or parachute distress rockets in lieu.
(3) Every sea-going fishing boat of less than 50 feet in length shall cariy at least six red hand flares or parachute distress rockets in lieu.
(4) All^ pyrotechnic distress signals shall comply 'vwth the specifications and conditions contained in the Merchant Shipping (Lifesaving Appliances) Rules, 1963.
31. —(1) Every sea-going fishing boat of 70 feet or over in length shall be Sounding equipped with an efficient sounding machine, mechanical or electrical, and a apparatus, properly marked hand lead line with a seven pound lead.
(2) Every such boat of less than 70 feet in length shall carry two hand lead lines.
32. Every sea-going fishing boat shall be equipped with anchors and cables Anchors to the satisfaction of the surveyor.
33. Every sea-going fishing boat shall be equipped with hawsers and warps to the satisfaction of the surveyor and such hawsers and warps shall include one of sufficient length and strength as to enable the boat to be towed in rough weather.
34. —(1) Every sea-going fishing boat of 70 feet or over in length shall be equipped with at least one powered bilge pump, connected to every water- Pun'P®- tight compartment in the boat. In addition there shall be carried one manualpump for every watertight compartment.
(2) Every sea-going fishing boat of less than 70 feet in length shall be equipped with one manual pump for every watertight compartment.
35. Every fully decked sea-going fishing boat shall be equipped with sound- Soundinging pipes from the upper deck for ascertaining the deplb of water or other fluid in each watertight compartment.
36. Every fishing boat to which these regulations apply, operating solely on the inland waters of Nigeria shall, according to its size, carry lifesaving appliances and comply with the provisions of the Merchant Shipping (Lifesaving Appliances) Rules, 1963, relating to ships of Class VIII.
37. Every fishing boat to which these regulations apply shall, according furefight- to its size, carry firefighting equipment and comply with the provisions of the Merchant Shipping (Fire Appliances) Rules, 1963, relating to ships of Classes V, VI, VII and VIII,
38. —(1) After a surveyor has inspected a fishing boat, her hull, engines and equipment, and is satisfied that the condition thereof is suitable to the intended service of the boat he may, on payment of the prescribed fee, grant and issue a certificate of survey in a form approved by the Minister.
and cables.
Hawsers.
Inlandwatersfishingboats.
equipment.
Grant of certificate cf survey.
B 236
(2) Such certificate shall always be kept on board the boat and shall be produced on demand to the Registrar, Police Officer, Harbour Master, Officer of Customs or Surveyor. Any person who fails to prpduce such certificate when required to do so by any of these officers shall be guilty of an offence and shall, on conviction, be liable to a fine not exceeding five pounds, or to imprisonment for a term not exceeding one month.
Pa r t V—M i s c e l l a n e o u s
39. Every fishing boat to which these regulations apply shall carry lights and signals and shall be navigated in accordance with the Collision Regulations and the Merchant Shipping (Navigation of Inland Waters) Regulations, 1963, as the case may be.40. The Government Inspector of Shipping may, in his discretion, by
writing under his own hand, and subject to such conditions as he may think fit to impose, exempt any fishing boat from any or all of the provfeions of these regulations, if he is satisfied that any alternative arrangements made are at least as efficient, safe and satisfactory as those provided for in th^e regulations.
41. —(1) The fees prescribed in the Second Schedule to these regulations in respect of the matters stipulated therein shall be paid by the owner or his agent or the person in charge of every fishing boat.(2) Certificate of registration of a fishing boat or certificate of competency
of any of the crew of a fishing boat lost at sea due to ship wreck or fire, shall be reissued without payment of the fee prescribed for same in the Second Schedule to these regulations.
42. During the initial survey of a fishing boat, the surveyor shall ascertain the gross toimage of that boat in accordance with Rule II of the Third Schedule to the Act.
Lights,Signals,etc.
Exemption.
Fees.
Tonnage.
(Reg. 4 (1))FIRST SCHEDULE
CERTIFICATE OF REGISTRATION
Fis h in g Bo a t
RegistrationNumber Name., of Fishing Boat Port of Registration
Pa r t ic u l a e s o f Bo a t
Feet TenthsLength overallMaximum breadth to outside of platingDepth in hold from tonnage deck to ceiling amidships
Where Built Builder ’s Name and AddressWhen Built
Description of Engines Horsepower Description of boilers (if any)
Pressure
B 237-
U n d e r d e c k G r o s s T o n n a g e m e a s u r e d b y R u l e I I .t o n s
N a m e a n d R e s i d e n c e o f O w n e r ( s )P r o p o r t i o n o f s h a r e s
I , t h e u n d e r s i g n e d , R e g i s t r a r o f N i g e r i a n F i s h i n g B o a t s a t t h e p o r t o f . . .. . . . . . . . . . . . .
• ; . . . . . . . . .. . . . . .j . . . . . . . .■. . . . . . . . . . . . ... h e r e b y c e r t i f y t h a t t h e F i s h i n g B o a t , t h e d e s c r i p t i o n o f w h i c h
I S p r e f i x e d t o t i n s m y C e r t i f i c a t e , h a s b e e n d u l y s u r t 'e y e d , a n d t h a t t h e a b o v e d e s c r i p - •
t i o n I S m a c c o r d a n c e w i t h t h e R e g i s t e r B o o k . '
Da t e d a t t h i s . . _. . . . . . . . . . .. d a y o f . . 1 9 .
Registrar
No t e— C e r t i f i c a t e o f R e g i s t r a t i o n i s n o t a d o c u m e n t o f T i t l e . I t d o e s n o t n e c e s s a r i l y
c o n t a i n n o t e o f a l l c h a n g e s o f o w n e r s h i p , a n d i n n o c a s e d o e s i t c o n t a i n a n
o f f i c i a l r e c o r d p f a n y m o r t g a g e s a f f e c t i n g t h e b o a t . I n t h e c a s e o f a n y c h a n g e
o f o w n e r s h i p i t i s i m p o r t a n t f o r t h e p r o t e c t i o n o f t h e i n t e r e s t s o f a l l p a r t i e s
t h a t t h e c h a n g e s h o u l d b e r e g i s t e r e d a c c o r d i n g t o l a w . S h o u l d a b o a t b e l o s t ,
s o l d t o _ f o r e i g n e r s , o r b r o k e n u p , n o t i c e t h e r e o f , t o g e t h e r w i t h t h e C e r t i f i c a t e
o f R e g i s t r a t i o n , i f i n e x i s t e n c e , s h o u l d i m m e d i a t e l y b e g i v e n t o t h e R e g i s t r a r
o f N i g e r i a n F i s h i n g B o a t s a t t h e P o r t o f R e g i s t r y . {See R e g u l a t i o n 4 ) .
S E C O N D S C H E D U L E ( R e g s . 4 , 8 , 9 , 2 6 a n d 4 2 )
Fe e s
1 . R e g i s t r a t i o n o f F i s h i n g B o a t
£ s d
2 0 0
2 0 0
10 0
0 10 0
( а ) I s s u e o f c e r t i f i c a t e o f r e g i s t r a t i o n . . . . . . . ,
( б ) R e n e w a l o f a c e r t i f i c a t e o f r e g i s t r a t i o n
( c ) T r a n s f e r o f r e g i s t r a t i o n f r o m o n e p l a c e t o a n o t h e r . .
( d ) E a c h e n d o r s e m e n t m a d e o n a c e r t i f i c a t e o f r e g i s t r a t i o n
2 . C e r t i f i c a t e o f C o m p e t e n c y
( a ) E x a m i n a t i o n f o r S k i p p e r ( F i s h i n g ) . .
( f c ) E x a m i n a t i o n f o r M a t e ( F i s h i n g )
( c ) E x a m i n a t i o n f o r C o x s w a i n ( F i s h i n g ) . .
(d) Examination for Motorman (Fishing), Grade I ..........................( c ) E x a m i n a t i o n f o r M o t o r m a n ( F i s h i n g ) , G r a d e I I
if) E n d o r s e m e n t o f a n y c e r t i f i c a t e o f c o m p e t e n c y
( g ) E n d o r s e m e n t o n E n g i n e e r i n g A s s i s t a n t’ s c e r t i f i c a t e f o r s e r v i c e a t s e a
( A ) R e n e w a l o f a c e r t i f i c a t e o f c o m p e t e n c y
6 0 0
3 0 0
1 0 0
10 0
1 0 0
0 10 0
0 10 0
. . s a m e a s i n i
t i a l i s s u e .
3. Survey of Fishing Boat6 0 0
10 0 0
1 5 0 0
20 0 0
2 5 0 0
3 0 0 0
( a ) B o a t u n d e r 2 0 t o n s g r o s s
( A ) B o a t 2 0 t o n s b u t l e s s t h a n 5 0 t o n s g r o s s
( c ) B o a t 5 0 t o n s b u t l e s s t h a n 1 0 0 t o n s g r o s s
( d ) B o a t 1 0 0 t o n s b u t l e s s t h a n 2 0 0 t o n s g r o s s
( c ) B o a t 200 t o n s b u t l e s s t h a n 3 0 0 t o n s g r o s s
( / ) B o a t 3 0 0 t o n s g r o s s a n d a b o v e
Ma d e a t L a g o s t h i s 4 t h d a y o f J u l y , 1 9 6 3 .
R.A.Njo k u ,Federal Minister of Transport
Ex pl a n a t o r v No t e
T h e s e r e g u l a t i o n s p r o v i d e f o r r e g i s t r a t i o n o f f i s h i n g b o a t s , t h e c a r r y i n g o f l i f e s a w n g
a p p l i a n c e s b y t h e m a n d t h e h o l d i n g o f c e r t i f i c a t e s o f c o m p e t e n c y b y t h e c r e w o f s u c h
b o a t s .
4
B238
THE MERCHANT SHIPPING (LICENSING AND CONTROL
OF BOATS) REGULATIONS, 1963
1. Short title and application.
2. Interpretation.
Pa r t I—L i c e n s in g o f Bo a t s
3. Licensing of lighters and barges.
4. Registers to be kept.
5. Loss of licence.
6. Identification marls.
Pa r t II —^M a n n in g a n d Sa f e t y Pr o v is io n s
7. Lighters and barges—safety equipment.
8. Lighters or barges not to carry passengers.
9. Boats not to be overloaded.
10. Number of persons to be carried. ..
Pa r t III —M i s c e l l a n e o u s
11. Formula for calculating loaded displacement.
12. Exemption.
13. Penalty.
14. Repeal.
Sc h e d u l e—^Fees.
B239L.N.76ofl963
me r c h a n t s h ippin g a c t , 1962
(1962, No. 30)
The Merchant Shipping (Licensing and Control of Boats) Regulations, 1963
Commencement: Ath July
?/*®P°^®^s cojiferred by section 193 of the Merchant Ship- Federal Minister of Transport hereby makes the foUowii^
1. These reflations may be cited as the Merchant Shipping (Licensing and Control of Boats) Regulations, 1963, and shall apply to all boats plying on all inland waters in respect of which the Federal XiCgislature has power to make laws in connection with shipping and navigation except—
(a) boats belonging to a ship ; and
(fi) boats used solely for pleasure purposes if they do not carry passengers for hire or reward.
Short title and application.
2. In these regulations, “ boat” means any vessel not propelled by mechanical power and includes any lighter or barge but does not include fishing boats subject to the Merchant Shipping (Fishing Boat) Regulations, 1963.
Interpretation.
Pa r t I—^L i c e n s in g o f Bo a t s
3.—(1) The owner of a boat plying either wholly or partly the inland Licensing waters to which these regulations apply shall, within ten days from the 1st day of January of each year, or if such boat is acquired subsequent to the 1st day of January, then tvithin ten days of such acquisition, register and take out a licence for such lighter or barge in accordance with the provisions of these regulations.
(2) Every such licence shall expire on the 31st day of December nextfollowing the date upon which the licence is issued.
(3) A licensing officer for the purposes of this Part of these regulations sh ̂be a surveyor of ships appointed under section 146 of the MerchantShipping Act, 1962, (hereinafter in these regulations referred to as “ licensing officer” ). ,
(4) Licence granted to any boat under this regulation shall be in such form as may be approved by the Minister and there shall be paid in respect of such licence the fee prescribed in the Schedule to these regulations.
(5) Boats, other than lighters and barges shall not be required to be licensed but all boats operating on inland waters to which these regulations apply shall be subject to these regulations whether they are required to be licensed or not.
of lighters and barges.
B 240
Registers to be kept.
4. Each licensing officer shall keep a register which shall contain—^
(fl) the name and address of the owner of every boat registered and licensed by him •
(6) a description of the boat;
(tr) the number of the licence issued and the date of issue ; and
(</) the number of persons the boat may carry (if any).
Loss of licence.
5. If the owner of a boat loses his licence, he may obtain a copy thereof trom the licensing officer upon payment to him of the prescribed fee.
6. The owner of eyery boat required to be Hcensed shall cause the name or ^rial number of pch boat to be painted on each side of the bow. Such name
^ 1 painted in a colour contrasting with that of the hull andIt shaU be alwap mmnt^ed so as to be legible. No licence wiU be granted unless and until such an identifying name or number has been giyen to a boat
Identification marks.
Pa r t II.—Ma n n in g a n d Sa f e t y Pr o v is io n s
Lighters ^d barges when carrying passengers and when being towed by power ffiiven vessels shall be provided with sufficient buoyant aparatus to provide flotation for the total number of persons carried and if
capacity to that of the passenger carrying one and which carries no passengers tne reqmrements for buoyant apparatus may be reduced by nine-tenths. *
Lighters and barges— safety equipment.
power driven vessel and such vessel has sufficient stability and deck space
oflcL^^^ buoyant apparatus shall be of a pattern approved by the licensing
lifibLt barge carprmg passengers shall have avaUable for use twof barge, and if the lighter or ba^e
Lighters or barges not to carry passengers.Boats not to beoverloaded.
inl!n barps propelled solely by oars, paddles or poles, when ininland waters to which these regulations apply, shall not carry pLsengers.
foflo^i-—maintain minihmm freeboard as
iniintail ^nmum
B241
{b) other boats (including canoes) shall at all times maintain minimum freeboard of one inch for every three inches of depth ; such depth being measxired from the top of the gunwale or "wash board to the bottom of tfie boat.
(2) In the case of lighters and barges required to be licensed under Part I of Aese regulations, the licensing officer shall ascertain in the manner prescribed in paragraph (1) of this regulation the position of the load line and the owner of such lighter or barge shall paint or cause to be painted on each side of the lighter or barge and thereafter maintained in the position indicated, a bioad white line two inches in thickness and two feet long, the lowest part of-Wfhich will indicate the deepest draught to which the boat may be loaded.
10.—(1) No boat shall carry a greater number of persons than may be ascertained as follows:—
(a) Boats (otherthan canoes), for a voyage of orer twelve hours duration —one person for each six superficial feet of deck space available; for a voyage of twelve hours duration or less—one person for each four such superficial feet;
Number of persons to be carried.
(^) Canoes—For the purpose of ascertaining the number of persons which may be tarried in a canoe the following formula shall be used—
Length X Breadth X Depth X .6Number of persons =10
length and breadth being measured at the waterline.
(2) In the case of lighters and barges required to be licensed imder Part I of these regulations, the licensing officer shall ascertain in the manner prescribed in paragraph (1) of dais regulation, the number of persons such lighter or barge may carry and the owner shall insert or cause to be inserted in the following form cut or painted in some conspicuous place such munber of persons as has been ascertained—
“Certified to carry. persons” .
Pa r t III —M i s c e l l a n e o u s
11. For calculating the loaded displacement of lighters and barges for Formula for the purposes of these regulations, the following formula shall be used— ^ded^ffis^
Length X Breadth X Depth X .8 placement.Loaded Displacement —
35
12. The Government Inspector of Shipping may exempt any boat from Exempt!
any of the requirements of these regulations.
13. Any person who contravenes any of the provisions of these regulations Penalty, shall be gu%. of an offence and shall, on conviction be liable to a foe not exceeding five pounds or to imprisonment for a term not exceeding one month.
on.
B 242
Repeal. 14. SHpping and Navigation (Licensing of Boats) Regulations (as amen- tions ^957 ^ Lighters Barges (Lifesaving Requirements) Regula-
SCHEDULE {Reg. 3)
Fe e s
£ s d1. For the issue of a licence in respect of lighters and
barges—
(а ) not exceeding 20 tons loaded displacement
(б ) exceeding 20 tons but not exceeding 50 tons loaded displacement .,
(c) exceeding 50 tons but not exceeding 100 tons loaded displacement ..
(d) exceeding 100 tons but not exceeding 150 tonsloaded displacement.......................................
(e) exceeding 150 tons loaded displacement
2. Replacement of lost licence
2 10 0• •
.. 3 0 0
.. 3 10 0
.. 4 0 0
.. S 0 0
.. Half the above fees in each case.
• «
Ma d e at Lagos this 4th day of July, 1963.
R. A. Nj o k u ,Federal Minister of Transport
Ex pl a n a t o r y No t e
These regulations which replace the Shipping and Navigation (Licensing of Boats) Regulations and the Lagps Lighters and Barges (Lifesaving Requirements) Regulations made under the Shipping and Navigation Act now repealed make such provisions as appear necessary for safety of life in boats on Federal waterways.
B 243
L.N. 77 of 1963
M E R C H A N T S H I P P I N G A C T , 1 9 6 2
, ( 1 9 6 2 , N o . 3 0 )
The Merchant Shipping (Dangerous Goods) Rules, 1963
Commencement: ^th July, 1963
In exercise of the powers conferred by section 251 of the Merchant Shipping
Act, 1962 and of all other powers enabling him in that behalf, the Minister of Transport hereby makes the following Rules:—
1 .— ( 1 ) T h e s e R u l e s m a y b e c i t e d a s t h e ^ M e r c h a n t S h i p p i n g ( D a n g e r o u s C i t a t i o n .
G o o d s ) R u l e s , 1 9 6 3 .
( 2 ) T h e s e R u l e s s h a l l a p p l y t o
( a ) N i g e r i a n s h i p s;
{b) O t h e r c o a s t a l t r a d e a n d i n l a n d w a t e r s s h i p s ; a n d
( c ) O t h e r s h i p s w h e n t h e y a r e w i t h i n a n y p o r t i n N i g e r i a , o r , e m b a r k i n g
o r d i s e m b a r k i n g p a s s e n g e r s w i t h i n t e r r i t o r i a l w a t e r s , o r a r e l o a d i n g o r
d i s c h a r g i n g c a r g o o r f u e l w i t h i n t h o s e w a t e r s .
P r o v i d e d t h a t t h e s e R u l e s s h a l l n o t a p p l y t o a n y s h i p w h i c h w o u l d n o t h a v e
e n t e r e d a n y s u c h p o r t b u t f o r s t r e s s o f w e a t h e r o r a n y o t h e r c i r c u m s t a n c e
t h a t n e i t h e r t h e m a s t e r , n o r t h e o w n e r , n o r t h e c h a r t e r e r , i f a n y , o f t h e s h i p
o o u l d h a v e p r e v e n t e d o r f o r e s t a l l e d .
A p p l i c a t i o n .
2 . I n t h e s e R u l e s , u n l e s s t h e c o n t e x t o t h e r w i s e r e q u i r e s , t h e f o l l o w i n g I m e r -
expressions have the meanings hereby respectively assigned to them, that is p r e t a t i o n .
t o s a y : —
“ D a n g e r o u s G o o d s ” s h a l l h a v e t h e s a m e m e a n i n g a s s e t f o r t h i n s e c t i o n
2 o f t h e A c t , b u t s h a l l n o t i n c l u d e: —
(fl) goods forming part of the equipment or stores of the ship in whicht h e y a r e c a r r i e d ; a n d •
(b) g o o d s w h i c h n e i t l i e r t h e o w n e r o f t h e s h i p n o r a n y o f h i s s e r v a n t s
o r a g e n t s k n e w o r o u g h t t o h a v e k n o w n , o r h a d r e a s o n a b l e g r o u n d s f o r
s u s p e c t i n g t o b e d a n g e r o u s g o o d s .
“ E x p l o s i v e s” s h a l l h a v e t h e s a m e m e a n i n g a s s e t f o r t h i n t h e E x p l o s i v e s C a p . 6 4 .
A c t b u t s h a l l n o t i n c l u d e s a f e t y c a r t r i d g e s f o r s m a l l a r m s o r c a r t r i d g e s f o r
s h o t g u n s .
3 .— ( 1 ) I t s h a l l b e u n l a w f u l f o r d a n g e r o u s g o o d s t o b e t a k e n o n b o a r d a n y D e s c r i p t i o n
s h i p t o w h i c h t h e s e R u l e s a p p l y f o r t h e c a r r i a g e i n t h a t s h i p u n l e s s t h e
s h i p p e r o f t h e g o o d s h a s f u r n i s h e d t h e o w n e r o r m a s t e r o f t h e s h i p w i t h a ■
s t a t e m e n t i n w r i t i n g o f t h e i d e n t i t y o f t h e g o o d s a n d o f t h e n a t u r e o f t h e d a n g e r o u s
d a n g e r t o w h i c h t h e g o o d s g i v e r i s e , i n d i c a t i n g t o w h i c h o f t h e f o l l o w i n g g o o d s ,
c a t e g o r i e s t h e g o o d s b e l o n g: —
( а ) E x p l o s i v e s; . .
( б ) C o m p r e s s e d , l i q u e f i e d a n d d i s s o l v e d g a s s e s ;
( c ) C o r r o s i v e s;
{d) P o i s o n s;
( e ) S u b s t a n c e s g i v i n g o f f i n f l a m m a b l e v a p o u r s;
( / ) S u b s t a n c e s w h i c h b e c o m e d a n g e r o u s b y i n t e r a c t i o n w i t h w 'a t e r o r a i r ;
{g) S t r o n g o x i d i s i n g a g e n t s;
( / ? ) S u b s t a n c e s v ^ h i c h a r e l i a b l e t o s p o n t a n e o u s c o m b u s t i o n ;
( f ) L a b o r a t o r y c h e m i c a l s a n d m e d i c i n a l p r e p a r a t i o n s i n l i m i t e d q u a n t i t i e s;
( ; ’ ) O t h e r d a n g e r o u s g o o d s .
B 244
For the purposes of these Rules a laboratory chemical or medicinal preparation shall be treated as being in a limited quantity if, and only if, the quantity of that chemical or preparation is a limited quantity for the purpose of section 9 of the Report of the Standing Advisory Committee on the Carriage of Dangerous Goods and Explosives in Ships in the United Kingdom.
(2) The master of the ship shall cause a list to be carried in the ship setting forth, in accordance with the information furnished under the provisions of this Rule, the dangerous goods carried in the ship on the voyage in which she is currently engaged.
4. —(1) It shall be imlawful for dangerous goods, being goods contained in a vehicle, receptable or package, to be taken on board a ship to which these Rules apply for carriage in that ship unless the vehicle, receptacle or package in which the goods are contained is clearly marked with a distinctive label or stencil purporting to indicate the nature of the danger to which the goods give rise; and if the goods are taken on board the ship at any port in Nigeria or within the territorial waters of Nigeria, a label or stencil purporting to indicate the identity of the goods.
^2) Where goods are taken on board a ship together with the vehicle in wluch they are contained, or where goods are taken on board a ship together with the receptacle in which they are contained, beinga receptacle which is an additional body for a vehicle and is constructed or adapted for the purpose of being taken on or off the vehicle with goods contained therein, nothing in the foregoing provisions of this Rule shall be taken to require any such receptacle or any package in which the goods in the vehicle maybe contained or, as the case may be, any package in which the goods in the receptacle may be contained, to be also marked.
5. —(1) It shall be unlawful for dangerous goods, being goods which are not loaded in bulk, to be taken on board any ship to which these Rules apply for carriage in that ship if the owner of the ship or any of his servants or agents knows or ought to know that the goods are not packed in a manner adequate to withstand the ordinary risks of handling and transport by sea having regard to their nature.
Provided that in any proceedings against an owner or master in respect of a failure to comply with the provisions of this paragraph, it shall be a good defence to prove that before the goods were taken on board the ship—
(a) the owner or master was furnished with a statement in writing by the shipper to the effect that the goods were packed in accordance with the requirements of this paragraph ; and
(b) neither the owner nor any of his servants or agents knew that the goods were not so padked.
(2) It shall be unlawful for dangerous goods to be loaded in bulk into any ship to which these Rules apply for carriage in that ship if the owner of the ship or any of his servants or agents knows or ought to know that the goods cannot safely be carried in bu& to the destination to which they are consigned.
6. Dangerous goods and any vehicle, receptacle or package containing dangerous goods, taken on board any ship to w'hich these Rules apply for carriage in that ship shall be stowed in the ship, and shall be kept so stowed, in a manner which is a safe and proper manner of stowage for the goods, or.
Marking of vehicles or containers in which dangerous goods are carried.
Packingandcarriage in bulk of dangerous goods.
Stowage ofdangerousgoods.
6 245
as the case may be, for the vehicle, receptacles or package having regard to the identity and dangerous nature indicated by the markings referred to in Rule 4 of these Rules. In this respect the recommendations of the Standing Advisory Committee on the Carriage of Dangerous Goods and Explosives
, in Ships in the United Kingdom will be followed,-
7. —(1) It shall be unlawful for any explosives to be taken on ship, being a passenger ship, to which these'Hules apply for carriage in that ship, except:—
(c) any of the explosives set forth in the First Schedule to these Rules;
(S) any explosives the total weight of which does not exceed 201b. including First their immediate casing or packing; Schedule
(c) any distress signal rockets for use in ships or aircraft, if the total weight of such rockets does not exceed 1 ton;
{d) any shop fireworks.'(2) Any distress signal rockets or shop fireworks carried in a passenger
ship to which this Rule applies shall be stowed under the supervision of a person appointed for that purpose by the master of the ship in writing signed by him.
(3) It shall be unlawful for any one of the dangerous goods set forth in theSecond Schedule to these Rules (other than laboratory chemicals and medi- Secondcinal preparations in limited quantities) to be taken on board any ship (being Schedule,a passenger ship) to which these Rules apply for carriage in that ship.
Provided that nothing in this paragraph shall prohibit the taking of dangerous goods on board a passenger ship in respect of which there is in force a certificate issued by the Government Inspector of Shipping, or by any authority empowered in that behalf by the laws of any country other than Nigeria, to the effect that the ship is fit to carry a number of passengers not exceeding 25 or a number equal to one-tenth of the length of the ship in feel, whichever shall be the greater.
8. It shall be unlawful for liquids which the owner of the ship or any ofhis servants or agents knows or ought to know to be inflammable to be tiken ^on board any sWp to which these Rules apply for carriage in that ship as cargo imless ventilation, adequate in the circumstances, is provided for the spaces in which the liquids are to be carried.
board any Carriage of dangerous goods in passenger ships.
9. It shall be unlawful for substances which the owner of the ship or any Spontaneouscombustion.of his servants or agents knows or ought to know to be liable to spontaneous
combustion to be taken on board any ship to which these Rules apply for carriage in that ship as cargo imless precautions, proper in the circumstances,
tnkpin for the prevention of the spontaneous combustion of such sub-arestances.
10. It shall be unlawful for dangerous goods to be carried in any ship to which these Rules apply unless—
(a) in the case of a Safety Convention ship, the goods are being carried in accordance with the law relating to the carriage of such goods of the coimtry in which the ship is registered and all the provisions of that law' in so far as the same are applicable have been complied with; or
(b) in the case of any other ship, the provisions of these Rules which would have been required to ha.ve been complied with if the goods had been taken on board the ship in Nigeria, have been complied with :
Application of Rules in certain cases.
B 246
Provided that the Government Inspector of Shipping may exempt any ship from any of the requirements of these Rules which are required to have been complied with in the case of that ship by paragraph (b) of this Rule, if he is satisfied that the requirements of the law relating to the carriage of dangerous goods of the country in which the ship is registered have been complied with and are not less effective than the said requirements of these Rules.
FIRST SCHEDULE
Ex pl o s iv e s w h ic h ma y be t a k e n o n bo a r d Pa s s e n g e r St e a me r s
Ajax Percussion Caps.Axitifyre Percussion Caps.Battery Pockets.Bullseye Percussion Caps.Cardox Heater D.Cartridge for Martin Cutter.Cartridges bolt, cable cutting, linked, punch or rocket.Cases, Cartridge, Capped.Cases for Turbo-Starter Cartridges (Empty), Primed.Cordtex.Curtis’s and Harvey’s Safety Electric Fuzes.Delay Fuze Assembly (10 seconds).Dro^e il^ector Cartridges.
Eley Kynoch No. 91 Percussion Cap.Eley Kynoch No. 1a Percussion Cap.Excelsior Safety Electric Fuzes.Ferrule Igniter for Safety Fuze.Flame Detector Cord.Fuzehead Assemblies.Hydrox Igniter No. 1 Safety Electric Fuze.Igniters for Grenades.Kynoch Fog Signal Caps.Kynoch No. 41 Percussion Cap.Kynoch No. 70 Percussion Cap.K3moch No. 81 Percussion Cap. jKynoch Rail Car Fog Signals.M.O.C. Cartridges (Type 1)M.O.C. Cartridges (Type 4)M.O.C. Cartridges (T5q)e 6)Multiple Safety Fuze Igniters.Nicorro Percussion Caps.Nobel’s Electric Delay Action Fuzes.Nobel’s Safely Electric Fuzes.Nobel’s Safety Electric Delay Fuzes.Norres Patent Fuze Lighters.Orion Patent Safety Electric Fuzes.Percussion Caps, O. in C. No. 1.Plastic Core Safety Fuze.Push Mechanism Type 6.Pull Mechanism Type 6.Railway Fog Signals O. in C. No. 1.
B 247
Release Mechanism Type 6.Safety Cartridges Cases (Empty), Capped.Safety Electric Primers.Safety Firing Tubes, No. 1.Safety Fuze, Q. in C. No. 1.Safety Fuze Lighters.Safety Instantaneous Fuze.Schermer Cattle Killer Cartridges.Special Safety Fuze.Thermal Gas Closing Cartridges.1 rip Fuzes.Turbo-Starter Primers, Electrically Fired, 15 grain. Tyre Sound Signals.Venus Patent Safety Electric Fuzes.Vulcan Patent Safety Electric Fuzes.Vickers’ Percussion Caps.Vulcan Patent Electric Delay Action Fuzes.Any safety cartridges not specified above.
SECOND SCHEDULE
Da n g e r o u s Go o d s w h ic h ma y n o t be t a k e n o n bo .a r d Pa s s e n g e r St e a me r s
Category [ii)—Compressed, liquefied and dissolved gases
Boron Trifluoride.Carbon Monoxide.Coal Gas.Fluorine.Hydrogen.Ammonia Anhydrous, unless in cylinders.Blau Gas. |Butadiene.Chlorine.Cyanogen.Dimethyl Ether.Dimethylamine.Ethyl Chloride, unless in cylinders.Ethylene. 1Ethylene Oxide.Ethylene Oxide/Carbon Dioxide Mixture.Ethylene Oxide/Nitrogen Mixture.Hydrogen Chloride.Hydrogen Cyanide, Stabilised.Hydrogen Fluoride.Hydrogen Sulphide.Methylamine.Methyl Bromide.Methyl Chloride, unless in cylinders.
B248
Nitrogen Tetroxide.Nitrosyl Chloride.Oil Gas.Phosgene.^Iphur Dioxide, unless in cylinders or glass syphons. Trimethylamine.Acetylene.
Category (iii) —Corrosives
Antimony Pentachloride, unless in containers of 2| gallon capacity or under.
Antimony Trichloride, unless in containers of 24 gallon capacity or under. Benzoyl Chloride.Chloroacetyl Chloride.Chlorosulphonic Acid.Disphenylmethyl Bromide,Fluoboric Acid.Fluosilidc Acid.Hydriodic Acid.Hydrobromic Acid.Hydrochloric Acid.Hydrofluoric Acid Solutions.Mixed Acid.Nitric Acid.Perchloric Acid.Phosphorus Pentachloride.Phosphorus Tribromide.Phosphorus Trichloride.Phosphoryl Chloride.Silicon Tetrachloride, unless in containers of 24 gallon capacity or under. Sludge or Spent Acid.Stannic Chloride, Anhydrous.Sulphur Chloride.Sulphuric Acid, specific gravity exceeding 1.405.Sulphuric Acid, Fuming.Sulphuryl Chloride.Thionyl Chloride.Titanium Tetrachloride.
Category {iv)—Poisons 1Bromine and Bromine Solutions.Chloropicrin.Hydrogen Cyanide.Methyl Bromide.Motor-Fuel Anti-Knock compounds, unless in containers of 5 pint capacity or under.
Tetraethyl lead, unless in containers of 5 pint capacity or under.
Category {v)—Substances giving off inflammable vap
Ben2yl Chloride.Carbon Disulphide.Enamels, lacquers, paints and varnishes, with a flash point below 73° F. unless in containers of 10 gallon capacity or under. ^
ours
B 24 9Di-ethyl-ether, unless in containers of 1 gallon capacity or under.Ethyl Chloride.Ethylene Oxide.Nickel Carbonyl.Other substances with a flash point below 73“ F., unless in containers of 5 gallon capacity or under.
Category {pi)—Substances which become dangerous by interaction with water
Aluminium Powder (unpolished), unless in glass or earthenware containers. Aluminium Silicon, in powder form.Barium Alloys, non-pyrophoric.Barium Metal.Calcium Metal and Alloys, non-pyrophoric.Calcium Carbide.Calcium Phosphide or articles charged wholly or mainly with Calcium Phosphide.
Calcium Silicide.Calcium Silicon.Ferro-Silicon containing 15 per cent to 80 per cent Silicon, both figures inclusive.
Magnesium Alloy Powder, unless in glass or earthenware containers or in tins or cans.
Potassium Metal.Sodium Metal.Sodium Phosphide.Sttontium Alloys, non-pyrophoric, unless in glass or earthenware containers. Zinc Phosphide.
Category {vii)—Strong Oxidising Agents
Potassium Bromate.Sodium Bromate,Ammonium Chlorate.Barium Chlorate.Potassium Chlorate.Sodium Chlorate.Strontium Chlorate.Zinc Chlorate.Chloric Acid.Calcixim Chlorite,Sodium Chlorite.Guanidine Nitrate.Ammonium Perchlorate.Barium Perchlorate.Calcium Perchlorate.Lead Perchlorate.Magnesium Perchlorate.Potassium Perchlorate.Sodium Perchlorate.Ammonium Permanganate.Hydrogen Peroxide Solutions greater than 6 per cent strength.
Category {viii) —Substances which are liable to spontaneous combustion
Cotton, wet.Diethyl Zinc.Di-methyl-p-nitrosoaniline.Fibres, burnt. Wet or damp.Fishmeal or fish scrap, unless in sealed metal containers.
Iron Oxide, spent.
Linoleates, resinates and other driers in solid form.Phosphorus, white or yellow.
Categojry (jx)—Other Dangerous Goods
Ammonium Picrate, wet.Benzoyl Peroxide.Celluloid in the form of scrap, dust, shavings, pieces or stripped film.
Di-nitro-ortho-cresol, wet or fused solid.Di-nitro-phenol, wet.Dinitrophenolates.Di-nitro-resorcinol, wet,Hessian bags, used (^unless continuously used for inert material).Lacquer base and chips with nitrocellulose base.Nitrocellulose, wet.Picric Acid, wet.Sodium di-nitro-ortho-cresolate, wet.Sulphur (Lump, roll or stick), unless in glass or earthenw'are containers,
or in drums, casks, cases or double hessian bags.Sulphur (powder), unless in glass or earthenware containers or in drums,
casks or cases.Ziconium Metal.
Ma d e at Lagos this 4th day of July, 1963.
R. A. Nj o k u , Minister of Transport
Ex pl a n a t o r y No t e
These Rules regulate, in the interests of safety, the carriage of dangerous goods in ships, and in particular make provision for the proper marking and stowage of such goods. The Rules include provisions for such requirements as appear to the Minister to be necessary to implement the provisions of the International Convention for the Safety of Life at Sea, 1948, relating to the carriage of dangerous goods.