Draft of 9 December 2003
Danish Maritime Authority’s Technical Regulation No. of 2002
Technical Regulation on the construction and equipment etc. of barges[1])
The following is laid down pursuant to Section 1 subsection 3, Sections 3-5, Section 17 subsection 5 and Section 32 of the Act on safety at sea, cf. Consolidated Act No. 627 of 26 July 2002, and Decree No 607 of 25 June 2001 on the entry into force for Greenland of the Act on safety at sea, following consultation with Greenland Home Rule and following authorisation from the Danish Ministry of Economic and Business Affairs:
Area of application
Section 1.This Regulation shall apply to lighters, barges and other floating equipment with no independent means of propulsion (hereinafter referred to as barges) whose keels are laid on or after 1 March 2003.However, the provisions regarding surveys and certificates shall also apply to barges built before this date.
Subsection 2. The Regulation shall not apply to the following:
1)permanently anchored or permanently moored floating equipment with no independent means of propulsion, nor pontoon bridges, floating docks etc.
2)floating dwellings, house boats etc. cf. Section 2(3) of the Building Act[2]), and
3)mobile drilling units covered by the MODU Code.
Safety regulations
Section 2.Barges shall be designed, built and equipped etc. in accordance with the provisions applying to a cargo or passenger ship of equivalent size used for the same purpose[3]), where it is relevant to use the provisions in question.As a barge, by definition, is not equipped with propulsion machinery, provisions relating to propulsion machinery shall not apply.
Subsection 2. Barges shall be equipped with lanterns, sound signal devices, shapes etc. in accordance with the International Regulations for Preventing Collisions at Sea.
Subsection 3. Unmanned barges shall be equipped with life-saving appliances for the crew that are put on board in connection with the mooring of the barge, setting up a towing line or for any other purpose.In the case of unmanned barges which, while at sea, are always connected to a tug, the tug’s rescue boats, life rafts and man-over-board arrangement may serve as the barge’s rescue vessels and man-over-board boat.
Subsection 4. Barges shall have a main towing arrangement and a reserve towing arrangement sufficiently strong for the intended purpose.The reserve towing arrangement shall be so arranged that it is ready for use at any time and so that new towing connections can be established quickly.For barges used while permanently connected to a pusher tug, the permanent connection shall be regarded as the main towing arrangement.The connection system shall allow the tug to be released quickly from the barge.[4])
Section 3.For barges used for special purposes, such as hotel, drainage, crane, dredging barges etc., the Danish Maritime Authority may lay down special conditions for use following concrete assessment.Where IMO guidelines exist, these shall be followed.[5])
Survey and certificates
Section 4. Barges shall be surveyed in accordance with the provisions applying to a cargo or passenger ship of equivalent size used for the same purpose.
Subsection 2. Barges shall be provided with certificates in the same way as the equivalent cargo or passenger ship, but not the certificates required pursuant to the International Convention on the Safety of Life at Sea (SOLAS).
Acceptance of substitutes
Section 5.The provisions of the Regulation shall not prevent the use on board of other equipment, materials, arrangements, apparatus etc. or the implementation of other measures which provide at least the same degree of safety as stipulated by this Regulation.
Subsection 2. The Danish Maritime Authority shall accept tests that have been carried out by approved testing bodies, including testing bodies in other EU Member States as well as in countries signatory to the EEA Agreement, which provide appropriate and satisfactory guarantees of the technical, professional and independent nature of the tests.
Penalties, measures and entry into force
Section 6.Contravention of Section 2 or 4 shall be punished with a fine or imprisonment for up to one year.
Subsection 2. The penalty may increase to imprisonment of up to 2 years if
1)the contravention has caused harm to life or health or brought about the risk thereof,
2)a ban or order has previously been issued regarding the same or equivalent circumstances, or
3)the contravention resulted in, or was intended to result in, financial gain for the person concerned or for others.
Subsection 3. It shall be deemed particularly aggravating circumstances if young people under the age of 18 have suffered harm to life or health or there has been the risk thereof, cf. subsection 2, point 1.
Subsection 4. If the profits gained through the contravention are not confiscated, particular consideration shall be given to the size of the financial gain or intended financial gain when meting out the fine, including supplementary fines.
Subsection 5. Criminal liability may be incurred by companies etc. (legal entities) in accordance with the rules of Chapter 5 of the Penal Code.
Section 7.If the circumstance is covered by a decree concerning the entry into force for Greenland of the Act on safety at sea, measures may be prescribed pursuant to the Criminal Code for Greenland.
Subsection 2. The circumstances referred to in Section 6(2) and (3) shall be regarded as aggravating circumstances.
Subsection 3. If the profits gained through the contravention are not confiscated, cf. Section 116(1) of the Penal Code, particular consideration shall be given to the size of the financial gain or intended financial gain when meting out the fine, including supplementary fines.
Subsection 4. If a contravention is committed by companies etc. (legal entities), liability to pay a fine may be incurred by the legal entity as such.If the contravention is committed by the State, Greenland’s Home Rule, a municipality, a municipal cooperative covered under Section 64 of the Landsting Act on municipal councils and local authorities etc. or a local authority, liability to pay a fine may be incurred by the relevant public authority as such.
Subsection 5. If the relevant party is not resident in Greenland, or their connection to the Greenlandic society is otherwise so remote that the prerequisites for measures to be taken do not exist, proceedings may be instigated or referred for instigation in Denmark.
Section 8.This Regulation shall enter into force on 1 April 2003.
The Danish Maritime Authority, 2003
1
[1])This Regulation has been notified in draft form in accordance with European Parliament and Council Directive 98/34/EC (the Information Procedure Directive), most recently amended by Directive 98/48/EC.
[2]) Section 2(3) of the Building Act:“The Act shall apply to portable structures intended to be used for structural purposes that are not merely transitory in nature. However, this shall not apply to portable structures permitted to be erected pursuant to the Act on summer houses and camping etc.”
[3])These provisions are the rules contained in:
1)Notices from the Danish Maritime Authority B, if the length (L) is 15 m or above or the scantling number (greatest length multiplied by the breadth in metres) is 100 or above, and
2)Notices from the Danish Maritime Authority F, if the length is up to 15 m and the scantling number is less than 100.
[4]) Reference is made to IMO MSC/Circ. 866, “Guidelines for the application of safety standards to Pusher Tug-Barge combinations”
[5]) Reference is made, inter alia, to IMO MSC/Circ. 884, “Guidelines for safe ocean towing”