S.L. 234.19 Art. 2Interpretation.

(1) In these regulations unless the context otherwise requires:

"the Act" means the Merchant Shipping Act;

"administration" means the Government of the state whose flag the ship is flying; "amidships" means the mid-point of the length (as defined below), except in the case of a ship of not less than 24 metres in length when it means the mid-point of the length overall; "breadth" means the maximum breadth of the ship, measured amidships to the moulded line of the frame in a ship with a metal shell and to the outer surface of the hull in a ship with a shell of any other material; "break" means the space bounded longitudinally by a side to side upward step in the lowest line of the upper deck and another such step or the end of the ship, transversely by the sides of the ship and vertically by the higher part of the deck and the lowest line of the upper deck continued parallel thereto; "cargo spaces" means enclosed spaces which are appropriated for the transport of cargo to be discharged from the ship; "certifying authority" means the Minister or any person authorised by the Minister for the purposes of these regulations and includes organizations or bodies of surveyors authorised by the Minister in that behalf;

"contracting Government" means the Government of a country which has accepted the International Convention on Tonnage Measurement of Ships, 1969, signed in London on the 23rd June, 1969; "Convention" means the International Convention on Tonnage Measurement of Ships, 1969, signed in London on the 23rd June, 1969;

"enclosed spaces" means all those spaces, other than excluded spaces, which are bounded by the ship’s hull, by fixed or portable partitions or bulkheads, or by decks or coverings other than permanent or moveable awnings. No break in a deck, nor any

*see regulation 1(2) of these Regulations, as originally promulgated. opening in the ship’s hull, in a deck or in a covering of a space, or in the partitions or bulkheads of a space, nor the absence of a partition or bulkhead, shall preclude a space from being included in the enclosed spaces;

and for the purposes of this definition "excluded spaces" means, subject to paragraph (f) below, any of the spaces specified in paragraphs (a) to (e) below:

(a) that part of an enclosed space within an erection opposite an end opening and extending from the opening to an athwartship line at a fore and aft distance from the opening equal to half the breadth of the deck at the line of the opening. Such end opening shall have a breadth equal to or greater than 90 per cent of the breadth of the deck at the line of the opening and shall extend from deck to deck or to a curtain plate of a depth not exceeding by more than 25 millimetres the depth of the adjacent deck beams, as specified in figure 1 of the First Schedule; provided that -

(i) where at any point the width of the enclosed space, because of any arrangement except covergence of the outside plating, as specified in figure 3 of the First Schedule, becomes less than 90 per cent of the breadth of the deck at the line of the opening, the excluded space shall extend only to an athwartship line intersecting that point, as specified in figures 2 and 4 of the First Schedule;

(ii) where the opposite ends of two enclosed spaces are separated by a gap, which is completely open except for bulwarks or open rails end of fore and aft length less than half the least breadth of the deck at the gap, then no part of the enclosed spaces shall be excluded, as specified in figures 5 and 6 of the First Schedule;

(b) a space under an overhead deck covering open to the sea and weather, having no other connection on the exposed sides with the body of the ship than the stanchions necessary for its support. In such a space, open rails or a bulwark and curtain plate may be fitted or stanchions fitted at the ship’s side, provided that the distance between the top of the rails or the bulwark and the curtain plate is not less than 0.75 metres or one-third of the height of the space, which ever is the greater, as specified in figure 7 of the First Schedule;

(c) a space in a side-to-side erection between opposite side of openings not less in height than 0.75 metres or one third of the height of the erection, whichever is the greater. If the opening in such an erection is provided on one side only, the space to be excluded from the volume of enclosed spaces shall be limited inboard from the opening to a maximum of one-half of the breadth of the deck in way of the opening, as specified in figure 8 of the First Schedule;

(d) a space in an erection immediately below an uncovered opening in the deck overhead, provided that such an opening is exposed to the weather and the space excluded from enclosed spaces is limited to the area of the opening, as specified in figure 9 of the First Schedule;

(e) a recess in the boundary bulkheads of an erection which is exposed to the weather and the opening of which extends from deck to deck without means of closing, provided that the interior width is not greater than the width at the entrance and its extension into the erection is not greater than twice the width of its entrance, as specified in figure 10 of the First Schedule;

(f) notwithstanding the provisions of paragraphs (a) to (e) inclusive, any space listed in those paragraphs which fulfils at least one of the following conditions shall be treated as an enclosed space:

(i) the space is fitted with shelves or other means for securing cargo or stores;

(ii) the openings are fitted with any means of closure;

(iii) the construction provides any possibility of such openings being closed; "fishing vessel" means a vessel granted a licence or permit to fish in terms of the Fisheries Conservation and Management Act; "foreign ship" means a ship which is not a Maltese ship;

"length" means the greater of the following distances:

(a) the distance between the fore side of the stem and the axis of the rudder stock; or

(b) a distance measured from the fore side of the stem, being 96 per cent of the distance between that point and the aft side of the stern, the said points and measurements being taken respectively at and along a waterline at 85 per cent of the least moulded depth of the ship. In the case of a ship having a rake of keel the waterline shall be parallel to the designed waterline;

"length overall" means the distance between the foreside of the foremost fixed permanent structure and the afterside of the aftermost fixed permanent structure; and "fixed permanent structure" includes any portion of the hull which is capable of being detached, but which must be fixed in place for the safe operation of the vessel;". "Load Line Rules" means the Load Line Rules, and includes in relation to any ship not registered in Malta any corresponding rules of the country in which the ship is registered; "MARPOL Convention" means the International Convention for the Prevention of Pollution from Ships, signed in London on 2nd November, 1973 and the Protocol thereto signed in London on 17th February, 1978;

"moulded depth" and in the case of a ship of less than 24 metres "depth", means the vertical distance measured from the top of the keel of a metal ship, or in wood or composite ships from the lower edge of the keel rabbet, to the underside of the upper deck at side, or, in the case of a ship which is not fully decked, to the top of the upper stroke or gunwale, provided that -

(a) where the form at the lower part of the midship section is of a hollow character, or where thick garboards are fitted, the distance is measured from the point where the line of the flat of the bottom continued inwards cuts the side of the keel;

(b) in the case of a glass reinforced plastic ship where no keel member is fitted and the keel is of open trough construction, the distance is measured from the top of the keel filling, if any, or the level at which the inside breadth of the trough is 100 millimetres, whichever give the lesser depth;

(c) in ships having rounded gunwales, the distance is measured to the point of intersection of the moulded lines of the deck and side shell plating, the lines extending as though the gunwales were of angular design; and

(d) where the upper deck is stepped and the raised part of the deck extends over the point at which the moulded depth is measured, the distance is measured to a line of reference extending from the lower part of the deck along a line parallel with the raised part; and for the purposes of this definition:

(i) "upper deck" means the uppermost complete deck exposed to weather and sea, which has permanent means of weathertight closing of all openings in the weather part thereof, and below which all openings in the sides of the ship are fitted with permanent means of watertight closing. In a ship having a stepped upper deck, the lowest line of the exposed deck and the continuation of that line parallel to the upper part of the deck is taken as the upper deck; and

(ii) "weathertight" means that in any sea conditions water will not penetrate into the ship; "moulded draught" means:

(a) for ships assigned load lines in accordance with the Load Lines Rules, the draught corresponding to the Summer Load Line (other than timber load lines);

(b) for passenger ships, the draught corresponding to the deepest subdivision load line assigned in accordance with the SOLAS Convention (as defined below) or other international agreement where applicable or in accordance with the provisions of regulations implementing such Convention or agreement where applicable;

(c) for ships to which no load line has been assigned but the draught of which is restricted by the Minister, the maximum permitted draught;

(d) for other ships, 75 per cent of the moulded depth amidships as defined in this regulation; "oil tanker" means a ship constructed or adapted to carry oil in bulk in its cargo spaces and includes combination carriers; for the purposes of this definition, "combination carrier" means a ship designed to carry either oil or solid cargoes in bulk;

"passenger" means any person carried in a ship except:

(a) a person employed or engaged in any capacity on board the ship on the business of the ship;

(b) a person on board the ship either in pursuance of the obligation laid upon the master to carry shipwrecked, distressed or other persons, or by reason of any circumstances that neither the master nor the owner nor the charterer (if any) could have prevented; and

(c) a child under one year of age;

"pleasure yacht" means a vessel primarily used for sport or recreation;

"similar stage of construction" means the stage at which:

(a) construction identifiable with a specific ship begins; and

(b) assembly of that ship has commenced comprising at least 50 tonnes or one per cent of the estimated mass of all structural material whichever is the less; "SOLAS Convention" means the International Convention for the Safety of Life at Sea, signed in London on 1st November, 1974, and the Protocol thereto signed in London on 17th February, 1978; "STOW Convention" means the International Convention on Standards of Training, Certification and Watchkeeping for Seafarers, signed in London on 7th July, 1978;

"surveyor" means a surveyor appointed by a certifying authority.

(2) Any reference in these regulations to an international convention or its related protocol or code shall include reference to any amendments to such convention, protocol or code accepted by the Govemment of Malta.