Implementation of the IMO Code of Safety for Special Purpose Ships
Marine Notice 5/2008
This Marine Notice is issued to remind owners, operators and masters of the status of personnel who are neither "passengers" nor "crew" on board ships operating into or out of Australian ports and that ships carrying these personnel are classified as "special purpose ships" whenever subject to the jurisdiction of the Navigation Act 1912.
The International Maritime Organization adopted the Code of Safety for Special Purpose Ships (SPS Code) in 1983 in order to provide appropriate SOLAS recognition of the contribution to marine safety in emergency situations by "special personnel". This recognises that whilst "special personnel" carried on board a ship are not part of the crew, they do not however require all the safety provisions accorded to passengers on passenger ships. Accordingly, the concept of "special personnel" effectively replaced that of "supernumerary" which was not recognised within the international maritime safety regulatory regime.
A special purpose ship is defined in the SPS Code as a mechanically self-propelled ship which, by reason of its function, carries on board more than 12 special personnel including passengers (noting the number of passengers must not exceed 12), such as ships engaged in research, expeditions and survey and ships for training of marine personnel.
In accordance with IMO's recommendation, Australia has since 1986 given effect to the SPS Code through Part VA of the Navigation Act and Marine Orders Part 50. However, as the Code is a non-mandatory IMO instrument, not all SOLAS flag States have implemented it. By giving effect to the Code, Australia has undertaken to ensure that special personnel working on foreign ships operating in Australian waters are protected by similar safety standards to those required of Australian vessels.
As such, Marine Orders Part 50 applies not only to Australian special purpose ships but also to those other ships "engaged on a voyage commencing or terminating at a port in Australia or an Australian Territory". It further provides that "any exemption from a provision of this Part is not inconsistent with SOLAS or the Code".
Where a special purpose ship flying the flag of a country that has not given effect to the SPS Code operates in Australian waters, its compliance with the Code should be certified by the flag State or an IACS full member classification society. For such ships it should be noted that, where the gross tonnage used in determining application of SOLAS and the SPS Code is not determined under the provisions of the 1969 Tonnage Measurement Convention, AMSA may dispute that tonnage under the provisions of section 405N of the Navigation Act and apply the SPS Code according to the ship's gross tonnage measured under the 1969 Convention.
Where the ship does not comply with the SPS Code but is certificated to meet a safety standard that closely approximates that of the Code, the Manager Ship Inspections in AMSA may, if satisfied that compliance with a provision of Marine orders Part 50 would be unnecessary or unreasonable having regard to a ship, its equipment and its intended voyage, exempt the ship from compliance with that provision as long as the exemption was consistent with the Code.
Marine Orders Part 50 was amended in 2007 to give effect to the latest relatively minor amendments adopted by IMO. However, a more extensive updating of the SPS Code is currently under consideration at IMO. It should be anticipated that the resulting revised Code will be implemented through further amendment of the Marine Order, although the principles outlined in this Notice are expected to be maintained into the longer term.
Graham Peachey
Chief Executive Officer
6 February 2008
Australian Maritime Safety Authority
GPO Box 2181
CANBERRA ACT 2601
File No: 020914-02
Internet address for all current Marine Notices: www.amsa.gov.au