Consultation Feedback Report—MO504 (Certificates of operation and operation requirements – national law)

MO504 contains crewing requirements for vessels, including minimum and appropriate crewing requirements, and associated requirements linked to the risk assessment of a vessel’s operations, such as crew training requirements.  

This review of MO504 was prompted by the re-issue of Marine Order 505 as there are linkages between the crewing arrangements in MO504 and the crew competency requirements in MO505. A review of MO504 was required to ensure that both marine orders remain aligned. 

The review of MO504 has been split into two phases. The first and current phase is focused on improving crewing arrangements and clarifying existing lifejacket wear requirements. The second phase will focus on safety management system provisions.  

As part of the first phase, AMSA in collaboration with industry identified several workability issues and gaps in MO504 that needed to be addressed to improve operational safety.  

The consultation commenced on 14 November 2022 and closed on 22 January 2023, a period of ten weeks.

AMSA published the draft Marine Order 504 and a summary of the changes proposed under the first phase of the review on its website. Stakeholders were encouraged to provide a submission through the online submission form, email, post or by contacting AMSA Connect.  

The consultation was promoted through a news release posted on the AMSA website and through the ‘AMSA update’ newsletter. A targeted direct email was also sent to domestic commercial vessel (DCV) owners and operators. The email reached around 7,200 stakeholders. The consultation was also promoted through AMSA’s social media channels including Facebook, LinkedIn and Twitter.  

AMSA also raised awareness of the consultation process through its regular stakeholder engagement activities, including through the National Safety Committee and the Regional Safety Committee forums.

AMSA received a total of 46 submissions during the consultation period.  

42 were received via the online submission form 

4 were received via email  

The majority of submissions received were from crew and DCV owners and operators.

Clarifying the requirement for lifejacket wear to be addressed in the vessel’s risk assessment and written procedure in the safety management system.  

• There was strong support for the proposed lifejacket wear amendments in MO504.  
• Stakeholder feedback indicated that lifejacket wear should be determined by DCV owners and operators through the vessel’s risk assessment and a written procedure in the safety management system (SMS).  
• This was consistent with the feedback provided during the mandating lifejacket wear requirements consultation in late 2021. Read the consultation feedback report from the lifejacket wear consultation.  
• AMSA plans to proceed with this amendment.

Emphasising the need for fatigue to be adequately considered when determining risk-based crewing levels. 

• A number of submissions were in favour of the fatigue-related changes including the minimum crewing provision requiring the master and each crew member to have at least 10 hours rest in each 24-hour period. 
• Some submissions noted that their support was based on the understanding that the requirement was not for 10 continuous hours.  
• Other submissions expressed views that AMSA should further strengthen requirements addressing the risk of fatigue.   
• AMSA will proceed with the fatigue-related requirements as presented in the draft MO504. This will be supported by guidance material.

Streamlining the crewing requirements process for autonomous or remotely operated vessels ≤3m in length 

• There was support for and against the proposed amendment stipulating that the minimum crewing table does not apply to autonomous or remotely operated vessel ≤3m.  
• It is important that AMSA is confident that the regulatory settings for autonomous and remotely operated vessels are appropriate and proportionate. This is critical in ensuring ongoing operational safety not only for these vessels, but also for other vessels and the environment. From the feedback received, it is evident that the issue requires further consideration to determine the best approach. 
• AMSA plans to remove this amendment and give this topic further consideration before any regulatory change is made.

Adding more specific onboard training and drill requirements for emergency procedures and associated record-keeping requirements 

• There was support for adding more specific onboard training and drill requirements for emergency procedures and associated record-keeping requirements.  
• Feedback indicated that some owners and operators would benefit from additional guidance to assist them in performing and recording drills for emergency procedures. In response, AMSA intends to develop guidance on the onboard training and drill requirements under MO504 during the implementation stage.  
• Some stakeholders queried the potential administrative burden of the record keeping requirements, particularly the requirement for the participant’s signature to be recorded. It is AMSA’s position that the participant’s signature remains an important record keeping element and is still required as evidence to demonstrate that a person undertook the training. We note that an electronic signature is acceptable and will clarify this through guidance.

Strengthening the designated person provision to ensure clear and direct reporting pathways for the escalation of issues 

• The consultation feedback indicated support for strengthening the designated person provision.  
• Suggestions were made for further guidance to be provided on the responsibilities of a designated person and whether the master/owner can also hold the role of designated person. AMSA intends to develop additional guidance to support this.  

Aligning the crewing provisions in MO504 with the certificate of competency arrangements in the new MO505 

• There was support for the proposed amendments to align the crewing provisions in MO504 with the certificate of competency arrangements in the new MO505. 
• This includes the new clause prescribing the owner of a vessel ≥80m or ≥3000GT and ≥3000kW apply to the National Regulator every five years for an assessment of appropriate crewing for the vessel.  
• It is AMSA’s position that the appropriate crewing determination must be reviewed every five years to ensure that the crewing numbers remain adequate. This is particularly important for these vessels given their size and propulsion power.

Simplifying the minimum crewing requirements table format 

• Submissions indicated support for the simplified minimum crewing requirements table format.  

Ensuring that the risk assessment (including the appropriate crewing determination) is accessible to the master, crew and enforcement personnel 

• There was support for the proposed amendment to ensure that the risk assessment (including the appropriate crewing determination) is readily accessible to the master, crew and enforcement personnel.  

Requiring owners to consult with the master and crew in the development of risk assessments 

• There was support for the proposed amendment requiring owners to consult with the master and crew in the development of risk assessments. 
• Some questions were raised around when the consultation with master and crew needs to take place.  
• Consultation with the master and crew needs to occur when the initial risk assessment is prepared and when the risk assessment is reviewed. AMSA will provide clarity around this matter in guidance.

Keeping a copy of the vessel’s safety management system onboard and onshore 

• There was support for the proposed amendment requiring a copy of the vessel’s safety management system to be readily available and accessible both onboard the vessel (if reasonably practicable to do so) and with onshore personnel.  
• Consultation feedback placed emphasis on the inclusion of ‘if reasonably practicable’ due to smaller operators being unable to effectively secure their documentation onboard and avoid water damage.
• It is important to note that the SMS documentation can also be kept in an electronic format. This will be made clear through guidance materials.  

Complexity of the safety management system:  

• Stakeholder feedback suggested that the SMS documentation is becoming onerous for some DCV owners and operators to manage.  
• A number of submissions expressed concern about the challenges faced by small operators in addressing all SMS requirements. 
• AMSA is currently exploring ways to simplify the SMS requirements for smaller and less complex DCVs. The focus is on vessels less than 7.5m in length and classified as either non-passenger vessels (Class 2), fishing vessels (Class 3) or hire and drive vessels (Class 4).