Review of Maritime New Zealand Rule Parts 19 and 44

Background

  • Maritime New Zealand is consulting on amendments to Maritime Rules
    • Part 19 Maritime transport operator: certification and responsibilities
    • Part 44 Surveyor responsibilities, survey, certification and maintenance
  • Maritime NZ previously consulted on these rule amendments in April 2010.
  • As MOSS has developed, the rules enabling the programme can be re-drafted with more clarity and certainty than the earlier review.

Proposals

Part 19 Maritime transport operator: certification and responsibilities

  • New objective clarifies maritime transport operators to develop and operate in accordance with safety systems that are specific and appropriate to their operation
  • Vessel safety requirements for operators moved from Part 44 to Part 19
  • All operators responsibilities grouped under one MOSS operator rule
  • All components of safety system are now specified in the rule
  • MNZs regulatory and auditing role strengthened
  • Conditions under which an operators certificate (MTOC) remains current
  • An operation will transition to new MOSS when its first SSM certificate expires.

Part 44 Surveyor responsibilities, survey, certification and maintenance

  • MNZ proposes to increase its regulatory oversight of the independent survey function and provide support to surveyors by developing:
    • National marine surveyor standards
    • Code of conduct
    • Charging guidelines
    • Training programmes; and
    • Competency and practice requirements.
  • Important changes to the rules are:
    • Set standards, including competency and currency requirements, for the registration of surveyors
    • Making surveyors responsible for quality of all surveys they conduct
    • Remove distinction between intermediate and comprehensive surveys
    • Surveyors to take all steps necessary to satisfy themselves vessel is safe at any time they carry out a MOSS survey
    • Obligation to notify MNZ when they become aware of a subsequent safety issue for a vessel they have previously surveyed
    • Existing survey Certificates remain valid until expiry date, if the conditions of certification remain valid
    • Ensures Certificate of survey remains valid on sale of vessel

Public Meetings

  • Maritime NZ is holding a series of public meetings during the second half of May to aid understanding of the changes. The dates are contained in the consultation documents.

Implications for Vessel Operators

  • Operators of commercial vessels are required to provide assurance that their vessels are seaworthy and are being operated in a safe manner.
  • An MTOC applies to a complete operation rather than a vessel.
  • Operators will no longer have to belong to an SSM company. They must still use a surveyor for vessel surveys and vessel certification but may choose to take responsibility for the remainder of the Marine Transport Operator Plan (MTOP) components.
  • An MTOP will include components on:
    • qualifications of personnel
    • vessel certification
    • safe operating procedures,
    • communication of safety procedures, and
    • review of safety procedures.
  • The MTOP will include vessel survey and maintenance plans, safety equipment and spare parts lists
  • MNZ will undertake periodic audits to ensure MTOPs are effective and operational
  • MNZ intends to lift the safety operating standards of commercial vessels
  • Operators will be able choose how to develop their MOTP, for example develop their own MOTP, engage a consultant or whatever.
  • The implementation of MOSS will probably result in increased costs for an operation. Not belonging to an SSM company and not having an SSM company undertake the development of a full safety plan will lower external costs. Vessel surveys will still be needed. MNZ is introducing new fees to undertake the auditing role.
  • The compliance auditing role of MNZ will be strengthened and they will be able to use their powers under the Maritime Transport Act or Health and Safety Employment Act to enforce compliance.

Request for submissions to be heard close 18 May 2012

Submissions close 31 May 2012

Consultation documents found here