6.1 Role of regulatory authorities
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Statutory Documents - IMO Publications and Documents - Circulars - Maritime Safety Committee - MSC.1/Circular.1216 – Revised Recommendations on the Safe Transport of Dangerous Cargoes and Related Activities in Port Areas – (26 February 2007) - Annex - Revised Recommendations on the Safe Transport of Dangerous Cargoes and Related Activities in Port Areas - 6 Responsibilities - 6.1 Role of regulatory authorities

6.1 Role of regulatory authorities

  6.1.1 The regulatory authority should ensure that appropriate legal requirements, based upon these Recommendations are made and reviewed regularly.

6.1.1 The regulatory authority responsible for port safety varies from country to country. More than one authority is frequently involved with different authorities, being responsible for different aspects, e.g. for marine and inland transport safety and the safety of ships’ crew and passengers, shore side safety and the safety of shore employees, land use planning or environmental matters. In some countries the regulatory authority or authorities may be national or federal bodies, whilst in others the authorities may be the state, regional or local authorities or a combination of some or all of these.

It is possible that different sections of the Recommendations will be incorporated in separate legal requirements or legal requirements which are the responsibility of two or more regulatory authorities. In such cases it is essential that there is effective liaison between the authorities to ensure that the legal requirements are consistent and that gaps are not left between them.

In some cases it may be necessary for legal requirements made by different regulatory authorities to overlap. An example could be requirements applying to shore side organizations working on ships and ships’ crew. Again it is essential that there is effective liaison between the authorities to ensure that the legal requirements are harmonized.

  6.1.2 The regulatory authority should make arrangements for appropriate enforcement action to be taken to ensure compliance with the legal requirements.

6.1.2 To be effective it is essential that the legal requirements are enforced consistently in accordance with a country’s legal system. Enforcement ensures that those with duties under the legal requirements are aware of the likelihood of penalties being imposed on them if they fail to comply with the legal requirements.

Regulatory authorities should, therefore, consider by what body the legal requirements should be enforced and ensure that the officers concerned are adequately trained and instructed.

Regulatory authorities’ enforcement strategy should include random checks.

  6.1.3 As some of the matters covered by these Recommendations are better dealt with by the people on the spot, the regulatory authority should consider whether some of the legal requirements should be enforced by the port authority .

6.1.3 Regulatory authorities should consider if any of the legal requirements need to be dealt with on a day-to-day basis by persons on the spot. If regulatory authorities decide this is so and it is permitted by the legal system of the country or State concerned, they should consider whether particular legal requirements should be enforced by the port authority rather than by themselves.

  6.1.4 Where appropriate, national legal requirements should permit purely local matters to be regulated by local rules (by-laws), enforced by the port authority . Such local rules should not duplicate nor be contrary to any of the national legal requirements.

6.1.4 The regulatory authority should make provision for port authorities to make local rules or by-laws. Potential confusion due to differences between the local rules or by-laws in different ports can be minimized by the development by regulatory authorities of model by-laws to harmonize the requirements of by-laws that are found to be necessary in many ports.

  6.1.5 The regulatory authority should take steps to ensure that appropriate advice is made available to all those who have duties under the legal requirements.

6.1.5 Persons with duties under the legal requirements often need advice or guidance on how to comply with them. Regulatory authorities should take steps to ensure that such advice is available. This may take the form of internationally recognized codes or guidance, such as certain chapters and sections of the IMDG Code and its Supplement which remain recommendatory, while the IMDG Code is a mandatory IMO instrument, or the International Safety Guide for Oil Tankers and Terminals (ISGOTT), the ILO Code of Practice Safety and Health in Ports, national guidance published by the regulatory authority or guidance published by other reputable bodies such as industry organizations. In addition, the regulatory authority should be prepared to give advice about the legal requirements when appropriate.

Parent topic: 6 Responsibilities
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