Consultation: Marine Order 504 Phase 2

Q & A

This consultation closed on 28 July 2024. Read the consultation feedback report to find out which proposed changes are going ahead, and what’s not proceeding.

Answers to questions we've received from industry throughout the consultation process so far. 

Questions

Q: Is a fatigue management plan required if I only operate the vessel for a few hours a day?  

A: Yes. The new proposed requirement for a fatigue management plan will apply to all domestic commercial vessels (DCVs), including all operation types and voyage lengths.  

The fatigue risk management plan is a scalable document, tailored to the particular operation. The level of detail required will be determined by the vessel’s risk assessment and be largely dependent on the nature and complexity of the operation.  

If a vessel only operates for a few hours a day, the fatigue risk management plan may be a short, simple document outlining:

  • why the risk of fatigue is low for your operation
  • what you currently do to manage the risk of fatigue
  • why further controls are not necessary.  

The risk of fatigue may exist whether a vessel is operated for a short or long period of time. The requirement for a fatigue management plan will ensure that a process is in place for all operations to identify and manage the risk.  

We will be developing guidance on the fatigue management plan requirement, including what should be considered when preparing a fatigue management plan.

Q: Will AMSA require a minimum number of drug and alcohol tests to be conducted and recorded each year?

A: No. You won't be required to conduct and record a minimum number of tests.

We are proposing to allow owners and operators the flexibility to assess the specific risks to their operation. Owners will be able to decide what controls - testing or otherwise - need to be implemented to manage the risks associated with a vessel being operated while the master or crew member is impaired.  

We are planning to provide guidance for industry to assist owners and operators in developing a drug and alcohol policy.

Learn more about proposed changes to enhance the management of risks from drug and alcohol use.

Q: What types of risks to vessel stability should be identified in the vessel’s risk assessment?

A: Key risks to vessel stability that the vessel’s risk assessment may identify include:

  • modifying a vessel or installing new equipment or fishing gear  
  • overloading or weight creep
  • loss of watertight integrity or water on deck  
  • accidental flooding  
  • rough sea state and weather conditions.  

Identifying and managing risks to vessel stability and the factors that reduce stability will improve safety.

Learn more about proposed changes to address operational risks to vessel stability

Q: Will the proposed change to mandate a back-up arrangement for the vessel’s logbook require operators to move to an electronic format?

A: No. You won’t be required to move to an electronic format, but you will need to back up your paper logbook.  

Ways to back up a paper-based logbook include:

  • photocopying
  • taking a photo and storing it on their mobile device
  • using a carbon or carbonless duplicate record book to produce a separate copy of each logbook entry.  

Backing up an electronic logbook will likely be the most practical option, but you can back up your paper-based logbook using these methods.

Learn more about proposed changes to logbook requirements

Q: Why is the option for a simplified SMS limited to vessels less than 7.5m? Why have vessels slightly larger than 7.5m not been considered?

A: The proposed simplified SMS arrangements have been limited to vessels less than 7.5m to more closely align with the existing eligibility criteria in Division 2 (General) of Exemption 03 – Maritime Safety (Certificates of operation) 2020.  

We consider vessels that are less than 7.5m in length and that meet the simplified SMS eligibility criteria to be of lower complexity. As a result, it was determined that this vessel length cut-off would be appropriate from a risk perspective and to ensure that the simplified SMS approach delivers acceptable safety outcomes.  

We worked closely with industry to develop the proposed simplified SMS arrangements. This included several focus group sessions and a survey.

If implemented, we intend to monitor the performance of the simplified SMS approach. We’ll examine whether the eligibility criteria is fit for purpose, and balances safety and burden on industry. We’ll also consider whether larger vessels should be eligible for simplified SMS arrangements.

Q: I have a vessel that is eligible for a simplified SMS and have an SMS in place that covers the requirements in the current MO504. Will I need to transition to a simplified SMS?

A: No. If you currently have an SMS in place that complies with the requirements in MO504, you will not be required to transition to a simplified SMS. However, you will still need to implement the proposed new SMS requirements that apply to simplified SMS vessels such as the fatigue risk management plan and drug and alcohol policy.  

Q: As an operator of a vessel that is already in operation and that meets the eligibility criteria to have a simplified SMS, can I start using the simplified requirements now?

A: No. Vessel operators must continue to comply with the existing requirements until the proposed changes come into effect.

You can, however, include any additional requirements, such as managing the risks of drug and alcohol use, into your SMS at any time before the changes apply.

Q: Do the changes apply to vessels that don’t require a certificate of operation?

A: Yes. Certain kinds of vessels and operations are exempt from the requirement to hold a Certificate of Operation under Exemption 03. However, these vessels must have and comply with an SMS that addresses the operation requirements in MO504.

Got a question?

Find out more about the proposed changes or watch a recording of the information session.

If we still haven't answered your question, email us at consultation@amsa.gov.au.