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Summer 2012 Issue 01 New marine safety legislation TSVs new website Sea time calculator Incident reporting

at the helm

From the Director

Welcome to the first edition of At the Helm, Transport Safety Victorias (TSVs) newsletter for our commercial maritime stakeholders. This new publication is just one of several changes in the maritime safety arena that have occurred in the last 18 months. In July 2010, Marine Safety Victoria merged with Public Transport Safety Victoria to form TSV a new independent and integrated safety regulator for bus, maritime and rail transport. In the same year, Marine Safety Act 2010 (Vic) was passed by Parliament and will commence on 1 July 2012, with the associated Regulations to follow. Finally, last September I took up the role as Director, Maritime Safety at TSV. Clearly, as the Marine Safety Act and its associated Regulations come into effect, there will be changes which impact on you. We will continue to keep you informed about the new requirements through this newsletter, emails and updates posted on our website at www.transportsafety.vic.gov.au

Another significant change is the Intergovernmental Agreement on Commercial Vessel Safety Reform signed in August 2011 to deliver a national safety system for commercial vessels in Australian waters. This will lead to the establishment of new national law for all commercial vessels and a national regulator, the Australian Maritime Safety Authority (AMSA), to enforce national standards. It is anticipated that these arrangements will commence on 1 January 2013. The national law applies the National Standard for Commercial Vessels (NSCV) throughout Australia, covering commercial vessel operation, construction and crew qualifications. AMSA will be responsible for the development and implementation of commercial vessel standards. The national law, however, will allow AMSA to delegate certain functions to state and territory maritime safety agencies to undertake day to day operation of the national system. That is, while commercial vessel operations will be regulated federally, oversight will be delivered in Victoria by TSV.

Much of the proposed national law has been based on the new Victorian Marine Safety Act. As such, we envisage the changes for commercial vessel operators will only be incremental. We will keep you informed as things unfold and I would encourage you to register so you can receive regular electronic updates. See the last page for details on how to register. I hope you find this newsletter helpful and we welcome any feedback you may have via email to msvsurvey@ transportsafety.vic.gov.au Safe boating

Peter Corcoran

In July 2010, Marine Safety Victoria merged with Public Transport Safety Victoria to form TSV a new independent and integrated safety regulator for bus, maritime and rail transport.

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Introducing the Marine Safety Act with a range of new requirements, such as: improved framework, clear accountabilities, safety duties, tougher penalties and additional enforcement tools. Coming soon: new marine safety legislation
The purpose of the Marine Safety Act 2010 (Vic) is to provide for safe marine operations in Victoria. It will come into full effect on 1 July 2012. The Marine Safety Act will replace the Marine Act 1988 (Vic), which was reviewed to address the changing safety profile of the maritime industry and as part of a broader transport legislation review in Victoria. The Marine Safety Act will introduce a range of new requirements, including: an improved framework to ensure vessels are fit for purpose ensuring operators have the skills and the capacity to operate a vessel safely clear accountabilities and safety duties for parties that have a shared responsibility for marine safety tougher penalties and additional enforcement tools to address noncompliance with marine safety legislation and waterway rules. You may have safety responsibilities under the Marine Safety Act that you need to be aware of if you are: an owner of a vessel a person who designs, commissions, constructs, manufactures, supplies, installs, maintains, repairs or modifies vessels, marine safety equipment or marine safety infrastructure a marine safety worker otherwise involved in recreational boating activities, for example as a master, operator or passenger a member of the public. The public consultation process for the Regulatory Impact Statement and draft regulations, conducted by the Department of Transport, closed on 11 October 2011. An information and awareness program is being developed by TSV to help you understand what the new marine safety legislation means for you. The legislation will be implemented over the coming months. To stay informed about the implementation of the Marine Safety Act visit the TSV website at www.transportsafety.vic.gov.au

Summer 2012 Issue 13

Spotlight on safety duties

The new Marine Safety Act will introduce the concept that ensuring marine safety is the shared responsibility of all persons involved. Parties with a shared responsibility for marine safety include: owners of vessels marine safety workers pilots and pilotage services providers port management bodies, local port managers and waterway managers suppliers, designers, manufacturers of marine safety infrastructure or equipment in certain circumstances the Director, Transport Safety a member of the public.

How can I get further information?

Your duties to act safely are set out in Part 2.2-2.4 of the Marine Safety Act 2010 (Vic). To access the Act in full, go to www.transportsafety.vic.gov.au or search for Marine Safety Act on the Victorian Legislation and Parliamentary Documents website www.legislation.vic.gov.au Role
Port management body

Nature of duty
To ensure, so far as is reasonably practicable, the safety of marine safety infrastructure operations carried out by, or supplied to, the port management body To ensure, so far as is reasonably practicable, the safety of: vessel design and supply activities marine safety equipment design and construction activities vessel operations by the owner or supplied to the owner To ensure, so far as is reasonably practicable, that: the vessel/equipment is safe if used for intended purpose the necessary testing and examination is carried out adequate information about use, results of testing or examination, or any conditions necessary to ensure the vessel / equipment is safe, is provided

Who has duties to act safely?

The extent of a persons responsibility depends on the nature of the risks involved in the relevant activities and the capacity to control, eliminate or mitigate those risks. These laws allow TSV to consider the full chain of responsibility in regulating marine safety. Safety duties are intended to encourage a safety culture and good safety outcomes for marine activities in Victoria. What do these duties require? The nature of your duty depends on your role.

Owner of commercially operated vessels

Person who designs, commissions, constructs, manufactures, supplies, maintains, repairs or modifies a vessel or marine safety equipment

Person who supplies marine safety infrastructure operations to port management bodies Person who supplies vessel operations to owners of commercial vessels (not being a marine safety worker) Marine safety workers

To ensure the safety of the marine safety infrastructure operations provided, so far as is reasonably practicable

To ensure the safety of the vessel operations provided, so far as is reasonably practicable

To take reasonable care for his or her own safety To take reasonable care for the safety of others affected by the workers actions To cooperate with their employer or contractor in respect of that organisations activities to comply with marine safety laws To take reasonable care for his or her own safety Comply with a direction of the master of the vessel To not place the safety of others on board at risk To not interfere or misuse anything provided to them by the master of the vessel

Passengers

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Uniform Shipping Laws transition arrangements

The Uniform Shipping Laws (USL) Code has been progressively updated with the inclusion of released sections of the National Standard for Commercial Vessels (NSCV). Since October 2008 all sections of the USL Code (aside from Arrangement, Accommodation and Personal Safety and Weathertight and Watertight Integrity) have been updated. The latest consolidation is known as USL Code 2010 and it applies to the design and construction of: i. new vessels ii. existing vessels subject to initial survey (being a vessel which is investigated and verified as meeting prescribed standards for the first time) iii. existing vessels subject to upgrade in survey. The USL Code may also apply to existing vessels that have been altered and existing vessels without change in survey status to the extent required by legislation. Vessels subject to an upgrade may attract the new sections of the USL Code. Vessel owners should ensure that they contact TSV prior to considering any changes to the operation of their vessel. This includes any alteration as it may be considered to be a sufficient change to require the application of the new requirements. More information on how the USL Code applies to existing vessels that are upgraded or altered can be found in the National Marine Safety Committees Guidelines

on the Application of the Combined USL/NSCV 2008: www.nmsc.gov.au/media/ pages_media_files/files/ Guidelinestoexisting vesselsNEW.pdf Vessel owners also need to be aware of other key changes progressively introduced by the amendments to the USL Code since 2008. Replacing a main engine may now involve more than ensuring that the propeller shaft is of a suitable size for a possible increase in power. The updated fire safety requirements refer to the installed engine power as a measure of risk rather than the length of the vessel. This means that other aspects may be required, such as installing a fire extinguishing system in vessels less than 12.5m in length, and in some cases the fitting of structural fire protection. New items of safety equipment that are being purchased as replacements will be required to meet the current NSCV standard. This means for example that when a life raft on an existing vessel is replaced the replacement will need to meet the requirements of NSCV, Part C-7A - Safety Equipment. This is an ISO 9650-1 life raft as opposed to a USL Coastal life raft. All life raft manufacturers have been advised of this and are able to supply life rafts to the new standard. The ISO standard allows manufacturers to specify the service interval for their own rafts, in some cases this may be greater than 12 months. Contact the manufacturer for more information. Existing life rafts can still be serviced for the duration of their effective service life.

Other changes that may affect existing vessel operators in the immediate term are the first aid kit requirements within NSCV, Part C-7A and the compass adjustment period within NSCV, Part C-7C - Navigation Equipment. First aid kit contents have been revised. Also, provided there have been no changes to a vessel or deterioration of performance of a compass, the period between compass adjustments has been increased to four years. Due to a shortage of licensed compass adjustors within Victoria, TSV will be considering other measures to reduce the demand on the existing compass adjustors. In all cases vessel operators are advised to make contact with a marine surveyor from TSV to ensure that the appropriate steps are being followed when replacing items of safety equipment or considering alterations to a vessel. The USL Code also applies NSCV requirements to the competencies of persons on board vessels and to operational practices.

Vessel operators are advised to make contact with a marine surveyor from TSV to ensure that the appropriate steps are being followed when replacing items of safety equipment or considering alterations to a vessel. To contact a surveyor, telephone 1800 223 022.

Summer 2012 Issue 15

TSVs new website

The new TSV website has a lot to offer commercial operators as it covers topics from vessel survey and crewing through to the requirements of the new Marine Safety Act. From the TSV home page, select Maritime safety and then click on Commercial maritime. Here you will find what you need - vessel survey, qualifications, fees and payments, operational safety, crewing and pilotage. Aspects you may find interesting include:

External providers
Training providers and safety equipment service operators are listed under external service providers tab which is a useful link for crew and vessels currently in survey.

Incident reporting
If an incident involving your vessel occurs, there is a requirement under the Marine Act to report the incident to TSV as soon as practicable in writing. An incident reporting form is located in your vessel record book, or alternatively on the TSV website at www.transportsafety.vic.gov.au

Publications and forms

The website has all the publications and forms contained in one place, making it easier for the user to find what they need.

For incidents that may require an immediate response please telephone 000 or contact the Water Police on 1800 135 729.

Safe operation certificate

All commercial operators must now comply with Part E of the NSCV. This can be done in the form of a safety management system. Information and help is all contained on the website or you can contact us for help with your specific circumstances on 1800 223 022.

Commercial survey
It is very easy to navigate your way through the vessel survey section if you want or need to bring a vessel into commercial survey. This section uses a step by step process to outline whats required and where to find the information, whether it is how to change the class of a vessel or what safety equipment is required.

AMSA consultations on national laws and crew certificates

AMSA is conducting a public consultation process on the proposed Marine Safety (Domestic Commercial Vessel) National Law Bill and proposed requirements for national crew certificates.

National crewing consultation

AMSA and the National Marine Safety Committee (NSMC) are also undertaking consultation sessions around the country for the proposed requirements for national crew certificates. Workshops on this topic will be held in Victoria on: 1. Lakes Entrance 27 February 2012 2. Melbourne 29 February 2012 3. Portland 2 March 2012. As the consultation details are finalised, exact times and details of venues will be published on www.nmsc.gov.au People interested in attending are asked to register at the venue at least 30 minutes before the seminar but no other formal RSVP is required. The consultation is open until 16 March 2012 and the relevant survey and documents can be accessed at www.nmsc.gov.au To register to receive more information, email secretariat@nmsc.gov.au

Commercial vessel handbook

The commercial vessel handbook can be downloaded from the website for further reference. The Maritime safety section of TSVs new website at www.transportsafety.vic.gov.au is a good reference point and source of help for all commercial operators.

National standards
The link to the National Marine Safety Committee website provides a handy reference point, especially for boat builders looking for applicable standards.

National laws consultation

The Marine Safety (Domestic Commercial Vessel) National Law Bill proposes to establish a new national law and the discussion paper is open for consultation. It should be read in conjunction with the exposure draft of the Bill which is expected to be released by AMSA early in 2012. More information about the Bill and consultation process is available from www. nationalsystem.amsa.gov.au To receive updates on the progress of the national system, email nationalmaritimereform@ amsa.gov.au

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The sea time calculator is an online tool developed by TSV which assists applicants in calculating qualifying service required for certificates of competency. It is available on our website under Commercial qualifications and can be used for certificates of competency for: coxswain - restricted, inland waters coxswain - master class 5 skipper grade 3 mate class 4 master class 4 skipper grade 2 master class 3 skipper grade 1 marine engine driver grade 3 marine engine driver grade 2 marine engine driver grade 1 engineer class 3. It offers a step by step guide to all applicants for certificates of competency as it calculates sea time details against complex rules and assesses the applicants eligibility for various certificates of competency. Should an applicant not be eligible for a certificate, the tool will outline which areas need addressing. Register your details online to get a sea time calculator account. This account then keeps a record of information such as sea time hours logged and the various certificates applied for. You will then have permanent access to your account to update it as required.

This tool was developed by TSV when it became evident that applying for marine certificates of competency was often an unnecessarily complicated task. The tool will make the application process easier while also reducing the administrative burden on TSV so that we can process your application more quickly. While we are delighted to offer the sea time calculator to the commercial industry we need your help to get the word out about the tool and get it into use! With the help of the industry, new commercial boaters as well as current commercial boaters who want to expand their qualifications will know that they have access to a better and more efficient way of applying for a qualification. Worldwide, we are seeing a decline in the number of commercially qualified operators and this trend is also being observed in Victoria. By making the application process easier, we hope to encourage some of the people involved in Victorias maritime industry to step up to commercial qualifications. As a commercial industry representative and potential user of the sea time calculator, we hope that you find this tool more efficient and better suited to your needs. We welcome any feedback and suggestions for improvement.

Sea time calculator will make the application process easier while also reducing the administrative burden on TSV so that we can process your application more quickly.

Summer 2012 Issue 17

Would you prefer to receive future editions of At the Helm via email? If so, please register to receive it, and other information updates relevant to the commercial maritime industry, electronically by sending your address details to information@transportsafety.vic.gov.au

Contact us
Transport Safety Victoria 121 Exhibition Street Melbourne, Victoria, 3000 PO Box 2729, Melbourne, Victoria, 3001 T: 1800 223 022 E: information@transportsafety.vic.gov.au W: www.transportsafety.vic.gov.au If you would like to receive this publication in an accessible format, such as large print or audio, please telephone Transport Safety Victoria on 1800 223 022 or email information@transportsafety.vic.gov.au This publication is also published as a PDF on www.transportsafety.vic.gov.au

This publication is intended as a general information source and does not contain legal or professional advice. The information in this publication is accurate as at January 2012. Copyright Transport Safety Victoria 2012. This publication is copyright. No part may be reproduced by any process except in accordance with the provisions of the Copyright Act 1968 (Cth). Authorised by the Director, Transport Safety, Melbourne.