Home India Ministry of Ports, Shipping and Waterways Amendments to International Convention for Preventing collis...
Date: 2023-12-22 Category: DGS Order State: Union Government Country: India

Amendments to International Convention for Preventing collisions at Sea, 1972 (COLREGs) and its applicability

Issued by Ministry of Ports, Shipping and Waterways · Directorate General of Shipping

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Executive Summary & Key Takeaways

**Executive Summary** DGS Order 22 of 2023, issued on December 22, 2023, addresses amendments to the International Convention for Preventing Collisions at Sea, 1972 (COLREGs), and its applicability in India. The order emphasizes compliance with the COLREGs and its amendments for all stakeholders. It also references previous MS Notices related to the implementation and clarification of these rules. **Key Points / Main Content** * **Convention Ratification and Implementation:** * The Government of India ratified the COLREGs, which came into force on July 15, 1977. * Article 1 of the Convention mandates the Government to take necessary measures to give effect to the Convention. * The Merchant Shipping Act 1958 incorporates the Convention, with Section 3(3) defining "Collision Regulations." * Sections 285 to 287 of the Merchant Shipping Act provide legislative provisions for implementing COLREGs requirements on Indian and foreign vessels within Indian jurisdiction. * **Regulations and Notices:** * The Government has issued Merchant Shipping (Prevention of Collisions at Sea) Rules since 1975, along with amendments and corrigenda. * Various executive orders, notices, and circulars have been issued for the implementation and clarification of the Rules, including MS Notices 09 of 1998, 17 of 2010, 03 of 2019, and 15 of 2023. * **Amendments and Applicability:** * IMO has issued various amendments to the Convention, which are annexed to this Order. * The amendments to the COLREGs Convention are already in effect and applicable to Indian and foreign vessels sailing within Indian jurisdiction. * **RO Notifications:** * Recognised Organisations were notified on December 26th, 2014, regarding agreements to carry out surveys and certification as per the Convention. **Impact Analysis** * **Stakeholders:** All stakeholders through DGS Website **Impact:** Compliance with the provisions is required to give full effect to the International Convention on Regulations for Preventing Collisions at Sea, 1972 and its amendments. **Action Required:** Stakeholders must be guided by this order towards compliance with the provisions of the convention.

Key Entities Referenced

International Convention for Preventing Collisions at Sea, 1972 (COLREGs): The primary subject of the order, pertaining to amendments and applicability. Merchant Shipping Act 1958: Indian legislation incorporating the COLREGs Convention and defining 'Collision Regulations'. Directorate General of Shipping, Mumbai: The issuing authority for the order. Merchant Shipping (Prevention of Collisions at Sea) Rules, 1975: Indian rules issued to implement the COLREGs. Ministry of Ports, Shipping and Waterways: The ministry under which the Directorate General of Shipping operates.
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ffi ffi ,:."'^/f\"iN, rIl-(f, 1tr.-6R / GOVERNMENT OF INDIA C2gt qffi{, rird qft-qfi,*{ qdqrf {flRq dfr***** 11l[,_6-).!/ri MINISTRY OF PORTS. SHIPPING AND WAIERWAYS ft-d6-{ rorRtnroq, :iC DIRECTORATE GENERAL OF SHIPPING, MUMBAI D F.No. 25-29ll/2023-NT-DGS (26421) e:22.12.2023 DGS Order: 22 of 2023 Subiect: Amendmen to International Convention for Preventins Collislons at Sea. t972 /co LREGs) and its annlicabilitv- reo- Whereas, the Govemment of India has ratified the Intemational Convention for Preventing Collisions at Sea 1972 (COLREGs), and the Convention entered into force on l5s July 1977 through accession. Article I of the Convention mandates general obligation of the Govemment to undertake all measures which may be necessary to give effect to the Convention. Whereas, the Merchant Shipping Act 1958, as amended, incorporates the Convention and is defined at Section 3(3) as "Collision Regulations" means the regulations made under Section 285 for the prevention ofcollisions at sea. Whereas, the Merchant Shipping Act, Part IX - Safety, Section 285 to 287 (Prevention of Collisions), provides legislative provisions and powers for implementation of various requirements under the COLREGs Convention on all Indian vessels and foreign vessels sailing within Indian jurisdiction. The Merchant Shipping Act, Section 285 provides powers to make regulations for the prevention ofcollision at sea and Section 287 provides powers to regulate and inspect the lights and shapes to be caried and exhibited, the fog and distress signals to be carried and used, and the steering and sailing rules to be observed by Indian vessels and foreign vessels sailing within Indian jurisdiction. Whereas, the Govemment has issued Merchant Shipping (Prevention of Collisions at Sea) Rules, 1975; Merchant Shipping (Prevention of Collisions at Sea) Rule, 1975-Corrigenda; Merchant Shipping (Prevention of Collisions at Sea) Amendment Regulations, 1986; Merchant Shipping (Prevention of Collisions at Sea) Amendment Regulations, 1990; and Merchant Shipping (Prevention of Collisions at Sea) Amendment Regulations, 1990- Corrigendum. Furthermore, the Govemment has issued various executive orders, notices and circulars from time to time for the implementation and clarification of the Rules. These include but are not limited to, MS Notice 09 of 1998 on Contravention of International Regulations for Preventing Collision at Sea (IRPCS), 1972; MS Notice 17 of 2010 dated 08.11.2010 on Prevention of Collision of Ships in Ports and at High Seas; and MS Notice 03 of 2019 dated 02.05.2019 on Acceptance of'other provision(s)' with respect to positioning of navigational lights on lndian 'Tugs', 'OSVs' and 'PSVs'. Additionally, guidance on 'to the satisfaction of the Administration' is issued vide MS Notice 15 of 2023 on 09.11.2023. gdt {Fo, fi-a Aruq, 3rii Pr6 zdr *q$, 6ig{.ftq is, 6iSHrt(T{) 1ffi- aooo+z gth Floor, BETA Building, l-Think Techno Campus, Kanjur Village Road, Kaniurmarg (E), Mumbai400042 sF TeI No.: +91-22-2575 2O4Ot1l2J3 fifirar., +g1-22-2575 2}2gl35 t-td/Email: dgship{gs@nic.in tq(f{ZMebsite: www.dgshipping.govinI whereas, the Recognised organizations (Ro) were notified vide notification dated 26rh December,2014, and as indicate4 an agreement is entered into with each Ro to carry out surveys and certification as per the Convention. Noting that, IMo has issued various amendments to the convention from time to time which is annexed to this order at Annexure - l. As defined in the Merchant Shipping Act, such amendments to the coLREGs convention are already in effect and applicable to Indian vessels and foreign vessels sailing within Indian jurisdiction. The stakeholders are therefore required to be guided by this order towards compliance with the provisions to give full effect to the Intemational convention on Regulations for Preventing Collisions at Sea, 1972 and its amendments. ,,*..I.#r*"M To, All Stakeholders through DGS WebsiteAnnexure -I COLREG (lntemational Regulations for Preventing Collisions at Sea, 1972, as amended) Adoptod Efl'ective Amendmenls Amendments lo C0nvention By D^te I)alc COLREG+ Conference 20.Oct.1972 I 5.July.1977 l(c), 3(g), 3(g)(v1, lo(b)(iii), l0( lo(e), lo(k), l0O, t3(a), z2(d), 23(c), a((a)(i), 2a(c)(i), 2a@), 2a@), 2aG), zag), l98l I), 25(b), 27(b), 27(b)(iii), 27(c) z7(d) Amendments Res.A.464( l2) l9.Nov. 198 I 0l.Jun.l983 7(e), 27 (t1, 27 (s), ze(a) (iii), 30(e), 30(fl 3(a), 3a@)(ii), 35(d), 36, 37, 38, 38(*h l, l/sec. 2(f), 2(iXD,, 2(D(iD, 20 (k),3(b),3(c), 5, 8, e(a)(i), e(a)(ii), lo(a), l0(b), 13, Annex IIVI(d), 2(a), 2(b), 3 e l(e), 3(h), New 1987 ul rul Amendments Res.A.626 (15) l9.Nov.l987 l9.Nov.l989 f),10(a),1O(c),Annex l/section 2(d i)(ii), l0(a), (b), AnnexlV/new para I(o) 1989 Res.A.678 (16) l9.Nov. I 989 l9.Apr.l99l ule l0(d), (D, lo(dxii) Amendments Rule 26(b)(i), 26(c)(i), 26(d),Annex Usec. t993 3(d), sec. 9(b), 9(b) (ii), New sec. 13, Annex Amendments Res.A.736 (18) 04.Nov. 1993 04.Nov. 1995 IVsec. 2 (a), 2(b), 2(c), Annex IV/sub para. (o) I 3(a), (m), Rute 8(a), [.ule Rule l8(f), Rule 23(c), Rule 31, Rule 2001 33(a), Rule 35(i), Amendments Res.A.9l0 (22) 29.Nov.2001 29.Nov.2003 Annex V sec.l3, Annex III/sec.l Whistles para. (a), (c), sec. 2 Bell or gong para. (b). 2007 Annex IV Amendments Res.A.l004 (25) 29.Nov.2007 0l .Dec.2009 20t3 Rule 39 (new), Rule 40 (new), Amendments Res.A.l085 (28) 04.Dec.2013 0l.Jan.20l6 Rule 4l (new) r rhese Rules apply to all vessels upon the high seas and in all waters connected therewith navigable by seagoing vessels and contain provisions conceming sreering and sailing rules, lights and shapes, and sound and light signals.

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