EXPLANATORY MEMORANDUM

1. The “International Convention on Tonnage Measurement of Ships 1969”, in short

“The Convention”, was the first successful attempt to introduce a universally
accepted tonnage measurement system. Prior to this, every flag State had its own
tonnage measurement system used to calculate the tonnage of merchant ships.
The most popular tonnage measurement systems prior to the Convention were, the
Norwegian Tonnage System (NIS) also referred to as the OSLO Convention, the
British Tonnage Rules which included the Thames River Measurement system1
for small vessels, the Panama Canal Universal Measurement system PC/UMS2
and Swiss Canal Tonnage Measurement system. Although, all these systems
were based on the method devised by George Moorsom of the British Board of
Trade in 1854, there were considerable differences and it was recognized that
there was a great need for one single international system.3 This lead States
whose desire it was to establish uniform principles and rules with respect to the
determination of tonnage of ships engaged in international voyages to adopt the
Convention.

2. The Convention was adopted on the 23rd of June 1969, by the International
Maritime Organization (IMO) and entered into force on the 18th of July 1982.
The rules apply to all ships built (keel laying) on or after 18 July 1982, while
ships built before that date are allowed to retain their existing tonnage calculation
for 12 years after entry into force, or until 18 July 1994. A total of 141 States are
parties to this Convention representing 98.61% of the world tonnage.4 The
Convention meant a transition from the traditionally used terms, gross register
tons (GRT) and net register tons (NRT) to gross tons (GT) and net tons (NT).

1
This is another volumetric system, generally used for small vessels such as yachts; it uses a formula based
on the vessel's length and beam.
Source:http://www.mybulgaria.info/modules.php?name=Wiki&title=Gross_Register_Tonnage
2
This measurement is based on net tonnage, modified for Panama Canal purposes. PC/UMS is based on a
mathematical formula to calculate a vessel's total volume; a PC/UMS net ton is equivalent to 100 cubic feet
of capacity.
3
Source: www.imo.org/Conventions/mainframe
4
Lloyd's Register/Fairplay World Fleet Statistics 31 December 2006.

1
 3. GRT represents the total internal volume of the ship which excludes non
productive spaces, for example the living quarters for the crews. The calculation
of GRT represents the total measured cubic content of the permanently enclosed
spaces of a vessel, with some allowances or deductions for exempt spaces such as
living quarters ( 1 gross register ton = 100 cubic feet = 2.83 cubic meters). NRT
is the volume of cargo the vessel can carry which is basically the GRT minus the
volume of space which cannot hold cargo (engine compartment, crew quarters,
etc); NRT is representative of the volume of the ship which is available for cargo
and passengers.5

4. GT on the other hand refers to the volume of all ship's enclosed spaces (from keel
to funnel) measured to the outside of the hull framing for ships that are over 24
meters in length. It is always larger than GRT, though by how much depends on
the vessels design. It is calculated by using the formula: , where
V = total volume in m³ and K = a coefficient figure from 0.22 up to 0.32,

depending on the ship’s size (calculated by : ).

GT is consequently a measure of the overall size of the ship. NT is based on a
calculation of the volume of all cargo spaces of the ship. It indicates a vessel’s
earning space and is a function of the moulded volume of all cargo spaces of the
ship.6

5. In practice several systems of tonnage measurement have existed side by side,

however, the method of tonnage measurement has evolved and differs
considerably from jurisdiction to jurisdiction.7 The existence of different tonnage
measurement systems, virtually one for every flag State, meant that the same ship,
with no alterations or modifications etc, could be subject to different tonnage
measurements under different flags. Therefore, the need for a common system
used internationally to measure the tonnage of a ship was critical because of the

5
Source: http://www.answers.com/topic/tonnage?cat=technology
6
Source: http://www.answers.com/topic/tonnage?cat=technology
7
Source: http://www.fao.org/fishery/cwp/handbook/L

2
 various usages of tonnage measurements. The Convention seeks to bring about
this harmonization for vessels that are more than 24 meters in length and leaves
the tonnage of vessels less than 24 meters to be determined by each jurisdiction as
most of these vessels may not be engaged in international voyages.

6. Tonnage measurement is used by States and persons involved in the marine

industry for a variety of purposes mainly:

 To determine the applicability of International Conventions, such as: the

International Convention for the Safety of Life at Sea, 1974 (“SOLAS”), the
International Convention for the Prevention of Pollution from Ships 1973 as
modified by the protocol of 1978 (“MARPOL”), the Standard of Training and
Watch keeping Convention (“STCW”) rules, Civil Liability for Oil Pollution
Convention 1992(“CLC”),8 International Convention on Liability and
Compensation for Damage in Connection with the Carriage of Hazardous and
Noxious Substances by Sea (“HNS”) 1996, 9 the International Convention on
Limitation of Liability for Maritime Claims 1976/1996 (“LLMC”)10and the
Nairobi International Convention on the Removal of Wrecks 2007.11
 The applicability of regulations relating to licensing, manning, and inspection of
vessels may also utilize tonnage measurement;
 Tonnage measurement is also required by flag States upon registration of vessels;
 Drydocking, wharfage, mooring, and berthing costs are usually calculated on the
basis of the ship’s tonnage;
 Pilotage fees usually depend on the ships tonnage;
 Tonnage taxes, international canal tolls, and port dues are based on ships tonnage;
and
 Protection and indemnity insurance underwriters and hull insurance underwriters
utilize the tonnage measurement of a vessel to determine the insurance premium
rate. 12

7. All these various uses to which tonnage calculations are put to use over the world,
insist on a uniform calculation so that there are no discrepancies between tonnage
measurements. For example, the ship-owners’ operational scope like the dues
incurred, manning requirements and shipboard equipment are all determined by

8
See Article 5 where the ship owner is entitled to limit his liability on the basis of the tonnage of the vessel.
9
See Article 20 where liability is linked to tonnage.
10
See Article 6 1976 Convention and Article 3 of the 1996 Protocol where the limits of liability are tied to
tonnage measurement of the ship.
11
See Article 5(2) (b) and Article 12 (b).
12
Source: http://www.uscg.mil/hq/g-m/nmc/pubs/msm/v4/c7.htm.

3
 the ships tonnage and if there are variances in the calculations it would cause
some ship-owners to be at an advantage, if the method used to determine their
tonnage calculations, results in a tonnage measurement that is lower than a similar
ship made to the exact specifications, that has been measured based on a different
method.

8. Canals, ports, pilots and lighthouse authorities plan their facilities and operations
around tonnage; therefore, a uniform system of calculation is critical for there to
be consistency and uniformity in the policies developed based on tonnage.
Tonnage is also used by insurance brokers as a basis for calculating premiums
again; if there is no uniform system, ships can benefit from a lower premium
based on a system of tonnage measurement that is not uniform. The various
limits of liability established under various conventions are determined on the
basis of tonnage and should be based on a system that is uniform to prevent ship
owners being advantaged or disadvantaged based on which system of tonnage its
flag State employs. Uniformity is therefore an essential element in trying to
prevent discrepancies from developing in the application of tonnage
measurements. It is hoped that by adopting and implementing the Tonnage
Convention, these discrepancies would be reduced in the measurement of ships
flying the flag of St. Vincent and the Grenadines.

9. St. Vincent and the Grenadines adhered to the Tonnage Convention on the 28th of
October 1983, in an effort to harmonize the measurement of a ship’s tonnage in
accordance with international standards. The Constitution of St. Vincent and the
Grenadines is silent with regard to the position of International Conventions
within the domestic law. However, since St. Vincent and the Grenadines
inherited its legal system from the United Kingdom, custom and usage dictate that
there needs to be an enacting provision within the domestic legal system, in order
to give force of law to a treaty or convention. This is in the spirit of the dualist
doctrine of international law.

4
 10. The Ministry of Foreign Affairs is the Ministry responsible for authorizing
representatives to sign treaties on behalf of the Government of St. Vincent and the
Grenadines. If the Minister of Foreign Affairs or his authorized agent signs,
ratifies or adheres to a treaty, the State would be bound by this treaty under
international law. However, the national courts or national agencies would be
unable to enforce or monitor compliance with the Convention in the absence of
enacting legislation. The enacting provision for the domestic application of the
Convention is the Shipping Act 11/2004 (“The Act”).

11. The Act is based on a model Shipping Act, prepared for the English speaking
islands of the Caribbean by the International Maritime Organization (“IMO”)13
and patterned from the Merchant Shipping Act of the United Kingdom 1995. The
IMO has also prepared model regulations to complement the Model Shipping Act.
These Draft Tonnage Regulations (“The Draft Regulations”) are based on the
Model Regulations prepared by the IMO.

12. The Act seeks to consolidate and make provision for the incorporation of the
various conventions which St. Vincent and the Grenadines is a party. Section
39(1) of the Act empowers the Minister of Maritime Affairs to make Tonnage
Regulations in accordance with the 1969 Tonnage Convention.14 This means that
the actual practical application of the Convention is to be facilitated through
subsidiary legislation.

13. The provision which governs the entry into force of subsidiary legislation in St.
Vincent and the Grenadines is Section 21 of the Interpretation and General
Provisions Act, Chapter 10 of the Law of St. Vincent and the Grenadines 1990
Revised Edition which states:

13
The Act was prepared by Dr. Winston Mc Calla, IMO Legal Consultant in March 2000.
14
Sec 31 (1) the Shipping Act 11/2004: The tonnage of any ship to be registered under this Part shall be
ascertained in accordance with regulations made by the Minister, referred to in this Act as “Tonnage
Regulations”.

5
 All subsidiary legislation shall, unless it is otherwise expressly provided in any
written law, be published in the Gazette, and shall come into operation on the
day of such publication, or, if it is enacted either in the subsidiary legislation or
in some other written law that such subsidiary legislation shall come into
operation on some other day, on that day, subject to annulment where
applicable.15

14. St. Vincent and the Grenadines is an open registry State, which has approximately
657 vessels registered in its Register of Ships.16 Presently, information regarding
the tonnage capacity of a ship is required whenever a vessel is being registered as
a St. Vincent and the Grenadines ship.17 The Maritime Administration18 is the
authority that has the power to exercise supervision with regard to all matters
relating to the Act and before any ship is registered under the Act, the tonnage
must be ascertained in accordance with the provisions of the Convention.

15. The Draft Regulations enables the Minister to authorise persons to act as
Certifying Authorities for the purpose of the Regulations. Since becoming a party
to the Convention, St. Vincent and the Grenadines has delegated the responsibility
for the measurement and issuance of tonnage certificates to classification societies
and authorized surveyors around the world.19 The Government now envisages
recruiting a surveyor who will be based in the local office of the Maritime
Administration, to perform tonnage measurements and to monitor the work of the
classification societies and authorized agents. In order for such monitoring and
supervision to be effective, there is a need to promulgate regulations as prescribed
by the provisions of the Act, considering that the obligation still remains on the

15
See Section 1(2) of the draft St. Vincent and the Grenadines Tonnage Regulation 2008.
16
http://en.wikipedia.org/wiki/List_of_merchant_marine_capacity_by_country
17
Part IV, Clause 8 and 9 of the St. Vincent and the Grenadines Ship Registration form.
18
Set up under Article 293(1) of the Shipping Act 2004.
19
The following Classification Societies are authorized to issue certificates on behalf of the Government of
St. Vincent and the Grenadines: American Bureau of Shipping (ABS), Bureau Veritas (BV), China
Classification Society (CCS) , Croatian Register of Shipping (CR), Det Norske Veritas (DNV) ,
Germanischer Lloyd (GL), Hellenic Register of Shipping (HRS), International Naval Surveys Bureau
(INSB), Korean Register of Shipping (KRS), Lloyds Register of Shipping ( LR), Russian Maritime
Register of Shipping (RS), Nippon Kaiji Kyokai (NKK), Polish Register of Shipping ( PRS), Registro
Italiano Navale (RINA).

6
 State to guarantee the completeness and accuracy of the certificates issued under
its authority. The entry into force of the Draft Regulations would ensure that the
necessary framework to satisfy these obligations is put in place.

16. Consequently, in an effort to obtain effective implementation of the Convention,

it is necessary to promulgate the Regulations as proposed in this draft to monitor
and ensure compliance. These Draft Regulations would also act as an
enforcement tool by creating offences and prescribing penalties for non-
compliance.20 Sections 15 of the Draft Regulations have made it an offence to
contravene the Draft Regulations or to cause someone else to contravene the
provisions of the Draft Regulations relating to the calculation of tonnage.

17. If such a contravention or infringements takes place the Draft Regulations would
be used as the legal basis for establishing culpability, given that if there are no
regulations in force, it is difficult to enforce the provisions of the Convention in
the national laws, given that the State would be bound by the Convention on an
international level, however, the courts or national agencies would be unable to
verify or check compliance, without any local enacting provision giving legal
effect to the provisions of the Convention.

18. Consequently, it is proposed to have these Draft Regulations approved by the

Parliament21 to plug these loop holes, raise the standards of tonnage measurement
and ensure that the machinery that was agreed in the Convention to implement the
tonnage measurement of ships, is actually effected on the domestic level in St.
Vincent and the Grenadines.

20
See offences in Part IV of the draft Tonnage Regulations.
21
The practice of the Government in certain cases is although, the Minister is empowered to make
regulations they are usually laid before the Parliament for approval before they enter into force.

7
 SAINT VINCENT AND THE GRENADINES
MINISTRY OF MARITIME AFFIARS
TONNAGE REGULATIONS 2008
ARRANGEMENT OF REGULATIONS

REGULATIONS

PART I
PRELIMINARY

1. Short Title and Commencement

2. Interpretation

PART II
APPLICATION, ASCERTAINMENT OF TONNAGE AND CERTIFICATION FOR SHIPS OF TWENTY-
FOUR METRES IN LENGTH AND OVER

3. Application of Part II
4. Method of Measurement
5. Calculation of Volumes
6. Gross Tonnage
7. Net Tonnage
8. Segregated Ballast Oil Tanker
9. Issue of Certificates
10. Cancellation of Certificates
11. Change of Net Tonnage Necessitating a Change of Certificate
12. Use of Gross Tonnage Ascertained under Previous Regulations

PART III

FOREIGN SHIPS

13. Ascertainment of Tonnage Certification

PART IV

OFFENCES

14. Failure to deliver Certificate for Cancellation

15. Contravention of the Regulations
16. Prohibition on Sailing
SCHEDULES

8
Schedule 1 – Coefficients
Schedule 2 - Tonnage Certificate

SAINT VINCENT AND THE GRENADINES

MINISTRY OF MARITIME AFFAIRS
STATUTORY RULES AND ORDERS

2008 NO:
______________________

______________________

IN EXERCISE of the powers conferred upon him by section 39 (1) of the

Shipping Act 2004, the Minister makes the following Regulations:

TONNAGE REGULATIONS, 2008

PART I

GENERAL

1. (1) These Regulations may be cited as the (Tonnage) Regulations, Short title and
2008. commencement
(2) These Regulations shall come into operation on the XX of XXXXX
XXXX.22
2. In these Regulations, unless the context otherwise requires – Interpretation
"Act" means the Shipping Act No. 11 of 2004;

"Administration" means the Government of the State whose flag the ship
is flying;

"amidships" means the mid-point of the length as defined below;

"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

22
. See Paragraph 11 of the Explanatory Memorandum.

9
 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 included in the

computation of gross tonnage and are appropriated for the transport of
cargo to be discharged from the ship and which are permanently
marked with the letters "CC" which mean cargo compartment, such
letters being not less than one hundred millimetres in height and so
positioned as to be readily visible;

"Certifying Authority" means the Director of Maritime Affairs or any

other person authorised by the Director for the purposes of these
Regulations.

"Contracting Government" means the Government of a country which has

accepted the International Convention on Tonnage Measurement of
Ships, 1969;

"Convention" means the International Convention on Tonnage

Measurements of Ships, 1969;

"Director" has the meaning given in the Act;

"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 and without limiting the generality of the
foregoing, no break in a deck, nor any opening in the ship's hull, a
deck, a covering of a space, or the partitions or bulkheads of a space,
nor the absence of a partition or bulkhead, precludes a space from
being included in the enclosed spaces; furthermore, notwithstanding
the definition of "excluded spaces" provided below, any such space
which fulfils at least one of the following conditions shall be treated
as an enclosed space -

(a) a space fitted with shelves or other means for securing cargo or
stores;

(b) a space fitted with any means of closing the openings therein;

10
 (c) a space constructed in such a way so that there exists any
possibility of an opening mentioned in paragraph (b) being
closed;

"excluded spaces" referred to in the definition of enclosed spaces, means –

(a) that part of an enclosed space within an erection opposite an end

opening and extending from the opening to an athwart ship line at
a fore and aft distance from the opening equal to half the breadth
of the deck of the line of the opening, such end opening having a
breadth equal to or greater than ninety per cent of the breadth of
the deck at the line of the opening and extending from deck to
deck or to a curtain plate of a depth not exceeding by more than
twenty-five millimetres the depth of the adjacent deck beams;
save that –

(i) where at any point the width of the enclosed space because of
any arrangement except convergence of the outside plating,
becomes less than ninety per cent of the breadth of the deck at
the line of the opening, the excluded space extends only to an
athwart ship line intersecting that point.

(ii) where the opposite ends of two enclosed spaces are separated
by a gap, which is completely open except for bulwarks or
open rails and of fore and aft length less than half the least
breadth of the deck at the gap, then no part of the enclosed
spaces are excluded.

(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,
however, in such a space, open rails or a bulwark and curtain
plate may be fitted or stanchions fitted at the ship's side, save 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, whichever is the greater.

(c) a space in a side-to-side erection between opposite side openings

not less in height than 0.75 metres or one third of the height of the
erection, whichever is the greater, save that where the opening in
such an erection is provided on one side only, the space to be
excluded from the volume of enclosed spaces is limited inboard

11
 from the opening to a maximum of one-half of the breadth of the
deck in way of the opening.

(d) a space in an erection immediately below an uncovered opening

in the deck overhead, save that such an opening is exposed to the
weather and the space excluded from enclosed spaces is limited to
the area of the opening.

(e) a recess in the boundary bulkhead of an erection which is exposed

to the weather and the opening of which extends from deck to
deck without means of closing, save 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.

"foreign ship" means a ship which is not a St. Vincent and the Grenadines
ship within the meaning of section 5 of the Act;

"length" means the greater of the following distances -

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

(b) ninety-six per cent of the distance between the foreside of the
stem and the aft side of the stern;

the said points and measurements being taken respectively at and

along a waterline at eighty-five per cent of the least moulded depth of
the ship, the waterline, being taken to be parallel to the designed
waterline in the case of a ship having a rake of keel;

"Load Line Regulations" means the Load Line Regulations made under
the Act and includes in relation to any ship not registered in St.
Vincent and the Grenadines any corresponding regulations of the
country in which the ship is registered;

"moulded depth" and in the case of a ship of less than 24 metres in length,
"depth", means the vertical distance measured from the top of the keel
of a metal ship, or in wood and 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 strake
or gunwale, save that:-

12
 (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 gives the lesser depth;

(c) in ships having rounded gunwales, the depth measured to the

point of intersection of the moulded lines of the deck and side
shell plating, the lines extending as through 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 to be
determined, the depth measured to a line of reference extending
from the lower part of the deck along a line parallel to the raised
part and for the purpose of this definition of "moulded depth" -

(i) "upper deck" means the uppermost complete deck exposed to

weather and sea, which has a permanent means of
weathertight closing 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 and 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, 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 Line
Regulations, 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 applicable
Passenger Ship Construction regulations.

13
 (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, seventy-five per cent of the moulded depth
amidships;

"oil tanker" means a ship constructed or adapted to carry oil in bulk in its
cargo spaces and includes combination carriers and for the purposes
of this definition "combination carrier" means a ship designed to carry
either oil or solid cargoes in bulk;

"passenger" has the meaning given in section 2 of the Act;

"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;

"surveyor" means a surveyor appointed by a Certifying Authority.

PART II
APPLICATION, ASCERTAINMENT OF TONNAGE AND CERTIFICATION FOR SHIPS
OF TWENTY-FOUR METRES IN LENGTH AND OVER

Application of 3. This Part applies to ships of 24 metres in length or over registered or to be

Part II registered in St. Vincent and the Grenadines.

14
4. (1) A ship shall be measured by a surveyor. Method of
(2) The gross and net tonnages shall be determined in accordance with Measurement
regulations 6 and 7 provided that in the case of novel types of craft with
constructional features which render the application of the provisions of these
Regulations unreasonable or impracticable, the gross and net tonnages shall be
determined as required by the Minister
(3) All measurements used in the calculation of volumes shall be taken
and expressed in metres to the nearest one hundredth of a metre.
(4) Gross and net tonnages shall be expressed as whole numbers,
decimals being rounded off downwards.
5. (1) All volumes included in the calculation of gross and net tonnages Calculation of
shall be measured, irrespective of the fitting of insulation or the like, to the inner Volumes
side of the shell or structural boundary plating in ships constructed of metal, and to
the outer surface of the shell or to the inner side of the structural boundary
surfaces in ships constructed of any other material.
(2) Volumes of appendages shall be included in the total volume.
(3) Volumes of spaces open to the sea shall be excluded from the total
volume.
(4) The method and accuracy of the calculations shall be to the
satisfaction of the Minister and shall be sufficiently detailed to facilitate checking.
6. The gross tonnage (GT) of a ship shall be determined by the formula GT'K1 Gross
V where - Tonnage
V ' total volume of all enclosed spaces of the ship in cubic metres;

K1 ' 0.2+0.02 log10 V, as specified in the Second Schedule.

7. (1) The net tonnage (NT) of a ship shall be determined by the formula Net Tonnage

2
 4d   N2 
NT  K 2 V c    K3  N1  
 3D   10 

where -
Vc ' total volume of cargo spaces in cubic metres;
K2 ' 0.2+0.02 log10 Vc as specified in the Second Schedule;

GT + 10,000
K 3 = 1.25
10,000

15
 GT ' gross tonnage calculated in accordance with regulation 6;
D ' moulded depth amidships in metres;
d ' moulded draught amidships in metres;
N1' number of passengers in cabins with not more than 8 berths; and
N2' number of other passengers who may be accommodated on the ship

(2) However -
2
 4d 
(a) the factor -   shall not be taken as greater than unity;
 3D 

(b) the term -

2
 4d 
K2Vc  
 3D 

shall not be taken as less than 0.25 GT;

(c) N1 and N2 shall be taken as zero when N1 +N2 is les than 13;

(d) NT shall not be taken as less than 0.30 GT

Segregated 8. Where segregated ballast tanks complying with regulation 13 of Annex 1 of

ballast oil the International Convention for the Prevention of Pollution from Ships, 1973 as
tanker modified by the Protocol of 1978 relating to that Convention are provided in oil
tankers, an entry may be made on the International Tonnage Certificate (1969)
indicating the total tonnage of these tanks. The tonnage of such segregated ballast
tanks shall be calculated according to the formula -

K1 x Vb

where -
K1 ' 0.2+0.02 log10V or as specified in the Second Schedule;
V ' the total volume of all enclosed spaces of the ship in cubic metres; and
Vb ' the total volume of all enclosed spaces of the ship in cubic metres measured
in accordance with regulation 5.

Issue of (9) Where it is in order to do so, the Certifying Authority shall, issue to the owner
Certificates an International Tonnage Certificate (1969) in the form set out in the Convention,

16
certifying the tonnages of the ship and containing the particulars shown thereon
and the official number of the ship shall be included as a distinctive number.
10. (1) Where alterations are made in the arrangement, construction, Cancellation
capacity, use of spaces, total number of passengers the ship is permitted to carry of Certificates
under the terms of the ship's passenger certificate, assigned load line, or permitted
draught of the ship such as would cause an increase in the gross or net tonnage, the
existing International Tonnage Certificate (1969) shall cease to be valid and shall
be delivered up to and cancelled by the Certifying Authority.
(2) When a ship is transferred from the St. Vincent and the Grenadines
Register the International Tonnage Certificate (1969) shall cease to be valid except
when the transfer is to the Administration of a State which is a Contracting
Government in which case the certificate may remain in force for a period not
exceeding three months or until the new Administration issues another
International Tonnage Certificate (1969) whichever is the earlier.
(3) The Certifying Authority shall transmit to the Administration of a
Contracting Government referred to in subsection (2) as soon as possible after the
transfer has taken place a copy of the certificate carried by the ship at the time of
transfer and a copy of the relevant tonnage calculations.

11. (1) When alterations in the values of V, Vc, d, N1 or N2 as defined in Change of net
regulations 6 and 7 result in an increase in the net tonnage a new International tonnage
Tonnage Certificate (1969) incorporating the increase a net tonnage shall be necessitating
issued. issue of
certificate
(2) In the case of a passenger ship assigned subdivision load lines in
accordance with any Shipping (Passenger Ship Construction) Regulations made
under the Act and load lines in accordance with any Shipping (Load Lines)
Regulations made under the Act, only one net tonnage shall be applied and where
the draught corresponding to the Summer load line differs from that corresponding
to the deepest subdivision load line the net tonnage shall, subject to subregulation
(3) be determined in accordance with regulation 7 by applying the draught
corresponding to the appropriate assigned loadline for the trade in which the ship
is engaged.
(3) Subject to subregulation (4) where alterations in the values of V, Vc,
d, N1 or N2 as defined in regulations 6 and 7, or changes in the position of the load
lines result in a decrease in the net tonnage, a new International Tonnage
Certificate (1969) incorporating the decreased net tonnage shall not be issued until
twelve months have elapsed from the date on which the current certificate was
issued.
(4) A new International Tonnage Certificate (1969) may be issued when
-

17
 (a) a ship which was registered outside St. Vincent and the Grenadines is
registered in St. Vincent and the Grenadines; or

(b) a ship undergoes alterations or modifications of a major character,

such as the removal of a superstructure, which requires an alteration
of the assigned load line; or

(c) the ship is a passenger ship employed in special trades for carriage of
large numbers of special trade passengers, such as the pilgrim trade.

Use of gross 12. (1) The Minister may permit the continuing use of a
tonnages gross tonnage additionally ascertained in accordance with the
ascertained provisions of the of any (Tonnage) Regulations made under
under previous legislation by the following ships -
previous
regulations (a) a ship the keel of which was laid or which was at a similar
stage of construction before 18th July 1982;

(b) a ship the keel of which is laid or which was at a similar stage of
construction not later than 31st December, 1985, not being a ship
referred to in paragraph (a);

(c) a ship which is a cargo ship of less than 1600 tons gross tonnage,
determined in accordance with the Regulations in force prior to the
coming into force of the Convention, the keel of which is laid or is at
a similar stage of construction not later than 18th July, 1994, not
being a ship referred to in paragraph (a).
(2) Ships specified in subregulation (1) may use the tonnages so
ascertained for the application of the provisions of the Regulations implementing
the International Convention for the Safety of Life at Sea 1974 and the Protocol of
1978 relating thereto, the International Convention for the Prevention of Pollution
from Ships, 1973, as modified by the Protocol of 1978 relating thereto, and of the
International Convention on Standards of Training, Certification and
Watchkeeping for Seafarers 1978 as amended in 1995.
(3) An International Tonnage Certificate (1969) may be annotated,
under "Remarks", by the Certifying Authority

(a) in the case of a ship to which subregulation (1)(a) refers, with the duly
completed and signed entry -

"The ship is remeasured according to article 3(2)(d) of the 1969

Tonnage Convention. The GROSS TONNAGE according to the

18
 measurement system previously in force to the measurement system
of the International Convention on Tonnage Measurement of Ships,
1969, is: .....................RT, according to the regulations ..................."
and

(b) in the case of a ship to which subregulation (1)(b) or (c) refers, with
the duly completed and signed entry -

"The ship is additionally measured according to resolution

A.494(XII), A.540(13), or A.541.(13).

The GROSS TONNAGE according to the measurement system

previously in force to the measurement system of the International
Convention on Tonnage Measurement of Ships, 1996, is:
...................... RT, according to the regulations .........................".
(4) Where such an entry has been made on an International Tonnage
Certificate (1969) and the ship undergoes alterations or modification which affect
its tonnage the old tonnage referred to in subregulation (1) shall be deleted.
(5) Where a gross tonnage has been ascertained and is to be used in
accordance with sub regulation (1), then any certificate issued for the purposes of
the conventions and protocols referred to shall record only that gross tonnage
together with the following appropriate footnote -
(a) "The above gross tonnage has been determined by a Certifying
Authority of St. Vincent and the Grenadines in accordance with the
national tonnage rules which were in force prior to the coming into
force of the International Convention on Tonnage Measurement of
Ships, 1969"; or

(b) "See REMARKS column of the valid International Tonnage

Certificate (1969)".

Part III
FOREIGN SHIPS
Ascertainment 13. (1) The Certifying Authority may, at the request of the
of Tonnage Administration of a Contracting Government ascertain the gross
and and net tonnages of a foreign ship in accordance with Part II and
Certification issue to the owner an International Tonnage Certificate (1969). In
such cases the certificate shall be endorsed to the effect that it has

19
 been issued at the request of the Government of the State whose flag the ship is or
will be flying, and a copy of the certificate and the calculations of the tonnages
shall be transmitted to the requesting Government as soon as possible.
(2) The Certifying Authority may, at the request of an owner of a
foreign ship flying the flag of State whose Government is not a Contracting
Government, ascertain the gross and net tonnages of the ship in accordance with
Part II and issue a Certificate of St. Vincent and the Grenadines Tonnage
Measurement. In such cases the certificate shall bear the endorsement "for use
only whilst within St. Vincent and the Grenadines or the waters thereof".
(3) Where a ship is not measured in accordance with the provisions of
these Regulations or in accordance with the Convention, the ship may be
measured by the method given in IMO/MSC Circular 264 and the tonnage so
determined may be used in the calculation of port and other dues.

Part IV
OFFENCES

Offences 14. Any owner or master who fails without reasonable cause to deliver up a
certificate for cancellation as required by regulations 10(1) or 14(9) shall be
guilty of an offence and liable to a fine of $10,000.
15. Any person who contravenes or suffers any person under his control to
contravene the provisions of these regulations or any person who omits or
suffers any person under his control to omit anything the performance of
which is required by the provisions of these regulations shall be guilty of an
offence and shall be liable to a fine not exceeding $6,000 for each such
offence.
16. Where an offence has been committed as provided by sub regulation (2),
the Minister may direct that the sailing of the ship in respect of which the
offence was committed shall be prohibited until the contravention or
omission constituting the offence has been removed.

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 FIRST SCHEDULE
COEFFICIENTS K1 AND K2 REFERRED TO IN REGULATIONS 6, 7 AND 8

V or Vc ' Volume in cubic metres;

Coefficients K1 or K2 at intermediate values of V or Vc shall be obtained by linear
interpolation.

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