9
MINISTRY OF TRANSPORT AND COMMUNICATIONS OF UKRAINE
O R D E R
03.08.2005 Kyiv № 411
Registered in theMinistry of Justice of Ukraine
on August 18, 2005, № 906/11186
On approval of the Procedure
on issuing of dispensation
In the performance of requirements of the Article VIII of the International Convention on Standards of Training, Certification and Watchkeeping for Seafarers, 1978, as amended, and paragraph 14 the Provisions for the Procedure of conferring of ranks on officers of seagoing ships, approved by the Resolution of the Cabinet of Ministers of Ukraine, from January 15, 2005 № 38
ORDER to:
1. Approve the Procedure on issuing of dispensations which is attached.
2. The State Department of Maritime and Inland Water Transport
(I. Gorobets) to present this Order in established procedure for state registration to the Ministry of Justice of Ukraine.
3. Harbour masters of merchant marine ports to present information on issued dispensations to the Inspectorate for training and Certification of Seafarers.
4. The Inspectorate for Training and Certification of Seafarers
(I. Tykhonov) on the basis of information from Harbour masters of merchant marine ports:
4.1 To enter the data on dispensations to the Common State Register of Seafarers’ Documents;
4.2 Annually till February 01, to provide the project of report to the Secretary General of the International Maritime Organization on dispensations issued in last year to the Ministry of Transport and Communications of Ukraine.
5. The Foreign-Economic Relations Department (Y. Peroganych) annually till February 15, to provide the presentation of report on dispensations issued in last year to the Secretary General of the International Maritime Organization.
6. 5. Impose the control over execution of this Order to the Deputy Minister P. Ryabikin .
Minister Y. Chervonenko
APPROVED
Order of the Ministry of Transport and
Communications of Ukraine
on August 03, 2005, № 411
Registered in theMinistry of Justice of Ukraine
on August 18, 2005, № 906/11186
PROCEDURE
on issuing of dispensations
1. This Procedure is elaborated in the performance of requirements of the Article VIII of the International Convention on Standards of Training, Certification and Watchkeeping for Seafarers, 1978, as amended, and paragraph 14 of the Provisions for the Procedure of conferring of ranks on officers of seagoing ships, approved by the Resolution of the Cabinet of Ministers of Ukraine, from January 15, 2005 № 38.
2. The Procedure applies on persons who serve on seagoing ships, except to those who serve on board warships and naval auxiliaries, fishing vessels and ships of less than 500 gross tonnage and/or ships powered by main propulsion machinery of less than 750 kW propulsion power.
3. The dispensation is the permission for specified seafarer to occupy specified capacity in specified seagoing ship for a specified period not exceeding six months in one category higher than it is permitted by seafarer’ certificate of competency and certificate of qualification.
4. The dispensation may be issued in circumstances of exceptional necessity if it does not cause danger to persons, property or the environment to officer who has a certificate of competency or certificate of qualification, adequate qualification and practical experience for providing the shipping safety in the vacant post.
5. The dispensation for the right to occupy a master or chief engineer officer capacity may be issued only in circumstance of force majeure and only for the shortest possible period.
6. For occupying the Radio operator’ capacity the dispensation may be issued only in circumstances provided by relevant provisions of the Radio Regulations of the International Convention on Radiocommunications (hereinafter referred to as “the Radio Regulations”).
7. To occupy the lowest capacity requiring the presence of certificate of competency or certificate of qualification, the dispensation may be issued to person who has no the certificate of competency or certificate of qualification. Herewith the person issued with dispensation has to confirm his qualification in the State Competency Assessment Commission, created by the Inspectorate for Training and Certification of Seafarers (hereinafter referred to as “the Inspectorate”. It is necessary to be assured that issuing of this dispensation shall not reduce the level of shipping safety. The Commission draws up its decision like Protocol.
8. The dispensation (attachment 1 to this Procedure) is issued under the application of shipowner by Harbour master of merchant marine port, authorized to issue seafarers’ documents, attesting their qualification. Application is presented in free form with specifying of vacant post and data on ship on which seafarer plans to occupy capacity. These data are necessary to be entered in dispensation and registration log of issued dispensations (attachment 2 to this Procedure).
Copy of the certificate of competency or certificate of qualification of this seafarer and reference on his accident-free service are to be attached to the application; and for radio specialists - free-form reference concerning the absence of violation of Radio Regulations with signature of Head of organization; and in case of necessity – the Protocol of the State Competency Assessment meeting.
9. The dispensation is issued to seafarer or applicant personally with registration in related log or may be sent to applicant by post. In the latter case the number of post office receipt and the date of document’s sending have to be entered to the log. Applicant confirms the receiving of dispensation with acknowledgement which has to be sent to Harbour master by post or fax. Copy of dispensation, post office receipt and written acknowledgement or its fax copy enter to the file of person issued with dispensation.
In case of refuse to issue the dispensation Harbour master has to present to seafarer or applicant reasonable reply in writing. In case of disagreement with Harbour master’ decision seafarer or applicant can appeal this decision in the Ministry of Transport and Communications or in court according to the legislation in force.
10. Harbour masters of merchant marine ports present the information on issued dispensations to the Inspectorate for entering to the Common State Register of Seafarers’ Documents of Ukraine.
11. At the end of every calendar year till January 15 of the next year Harbour masters of merchant marine ports give annual reports on issued dispensations (attachment 3 to this Procedure) to the Inspectorate.
12. On the basis of Harbour masters of merchant marine ports reports the Inspectorate annually presents generalized report on issuing of dispensations to the Ministry of Transport and Communications of Ukraine. After being approved this report sends to the Secretary General of the International Maritime Organization.
Head of the Inspectorate for
Training and Certification of Seafarers I. Tykhonov
Attachment 1
to the p. 8 of the Procedure on issuing of dispensations
УКРАЇНА - UKRAINE
ПІЛЬГОВИЙ ДОЗВІЛ № ______
DISPENSATION
Виданий на підставі положень Статті VIII Міжнародної Конвенції про підготовку і дипломування моряків та несення вахти 1978 р., з поправкамиIssued under the provisions of Article VIII the International Convention on Standards of Training, Certification and Watchkeeping for Seafarers, 1978, as amended
Уряд України засвідчує, що цей пільговий дозвіл виданий власнику диплома (кваліфікаційного свідоцтва) № ______
на звання ______
______,
прізвище, ім’я, по батькові
якому за кваліфікацією та практичним досвідом може бути дозволено виконувати обов’язки ______
______
посада на судні
відповідно до положень Правила ______вищезазначеної Конвенції
на судні ______
валовою місткістю ______
потужність головної енергетичної установки (кВт) ______The Government of Ukraine certifies that the present Dispensation is issued to the holder of the
Certificate No. ______
for the rank of ______
______
name and surnameto whom, on the basis of his adequate qualification and sea service, can be permitted serve capacity of ______
______capacity
in accordance with the provisions of Regulation ______of the above Convention.
on the vessel ______Gross tonnage ______
Propulsion power of main propulsion machinery (kWt) ______
Дата видачі цього пільгового дозволу
Date of issue of this Dispensation ____________
Строк дії цього пільгового дозволу до
This Dispensation is valid until ______
М.П. Капітан морського торговельного порту ______Official Seal Harbour Master of Seaport ______
______
П.І.Б., підпис / Name, Signature
Підпис власника пільгового дозволуSignature of the Holder of the Dispensation ______
Head of the Inspectorate for
Training and Certification of Seafarers I. Tykhonov
9
Attachment 2
to the p. 8 of the Procedure on issuing of dispensations
Specimen of log on issued dispensations
№ з/п / Name, surname of seafarer who was issued with dispensation(In Ukrainian and English) / Seafarer’s nationality / Certificate of competency
or certificate of qualification of seafarer
(№, rank, place and date of issuingі) / Capacity for which was issued dispensation
(Regulation of the STCW Convention) / Name of ship
(In Ukrainian and English) / Gross tonnage / Propulsion power of main propulsion machinery / Date of issuing of dispensation / Validity term of dispensation / Signature of seafarer or applicant for receiving of dispensation / Notes
Head of the Inspectorate for Training and Certification of Seafarers I. Tykhonov
Attachment 3
to the p. 11 of the Procedure on issuing of dispensations
Specimen of annual report of Harbour master of merchant marine ports on issued dispensations
Gross tonnage of the ship / General propulsion power ofmain propulsion machinery / Notes
less than 3000 / More than 3000 / less than 3000 kWt / more than 3000 kWt
Masters
Chief mates
Officers in charge of a navigational watch
Chief engineer officers
Second engineer officers
Officers in charge of an engineering watch
Radio specialists
Other persons
Head of the Inspectorate for Training and Certification of Seafarers I. Tykhonov
Translation into English is equally authentic to Ukrainian original