corporate law

Inland Vessels Rules 2022: Key Insights and Compliance Guidelines

Notification from the Ministry of Ports, Shipping, and Waterways on Draft Inland Vessels Rules

In June 2022, the Ministry of Ports, Shipping, and Waterways published the final rules concerning the draft Inland Vessels (Survey and Certification) Rules 2022, aimed at benefiting all stakeholders affected by these proposed regulations.

Draft Rules Overview

  • Act: Inland Vessels Act of 2021 (24 of 2021).
  • Inland Vessel: A mechanically propelled inland vessel as defined under Section 3(y) of the Act.
  • Existing Vessel: An inland vessel that does not qualify as a new inland vessel per Sub-rule (3) of Rule 3.
  • New Inland Vessel: Any vessel with its keel laid after the implementation of these rules.
  • Major Conversion/Modification:
    • Alteration in gross tonnage exceeding 10%.
    • Change in the vessel type.
    • Alteration in propulsion systems or fuel types.
  • Compliance Terms: Any undefined terms in these rules will adhere to the definitions set forth in the Act.

Areas of Operation

  • Zone Classification:
    • Zone 1: Maximum significant wave height does not exceed 2.0 meters.
    • Zone 2: Maximum significant wave height does not exceed 1.2 meters.
    • Zone 3: Maximum significant wave height does not exceed 0.6 meters.

Design and maintenance of vessels must consider the most demanding zone for intended operations.

Certificate of Survey Requirements

The Certificate of Survey verifies a vessel's suitability for operation within a designated zone and remains valid for five years, contingent upon compliance with specified conditions and periodic surveys. Operating without a valid Certificate of Survey incurs fines up to ₹5 lakh, an increase from the previous limit of ₹2 lakh.

Compliance Certifications

Designated authorities are tasked with ensuring inland vessels comply with applicable design and construction rules. Any existing vessels that undergo significant modifications must also meet the established standards.

Classification of Inland Vessels

  • Category A: Vessels over 24 meters, those carrying more than 50 passengers, and specific vessels designed for hazardous cargo.
  • Category B: Vessels not classified in Category A or C, compliant with IACS standards.
  • Category C: Vessels less than 10 meters in length.

Forms 5 (Category A) and 6 (Categories B/C) have been updated to include QR codes for digital validation.

Actions Based on Survey Results

If a vessel is deemed unfit, the Designated Authority will require corrective actions and may permit operations until the necessary repairs are completed.

Types of Surveys

Surveys will include initial, annual, renewal, and additional checks as required, with comprehensive compliance assessments on vessel structure, equipment, and safety systems.

Initial and Annual Surveys

All vessels must pass thorough inspections to ensure compliance with safety and operational specifications before commencing operations.

Intermediate Docking Survey

Vessels approaching 20 years of age must undergo drydock examinations unless alternative arrangements have been made.

Renewal and Additional Surveys

Renewal surveys ensure all vessel equipment meets regulatory standards, while additional surveys may be called for following incidents as determined by the Designated Authority.

Maintenance Responsibilities

Vessel owners and masters are responsible for upholding maintenance that aligns with survey requirements and for addressing any safety-compromising incidents.

Certificate Issues and Validity

Certificates remain valid for five years following renewal and may be extended under certain conditions, including the completion of necessary surveys.

Change of Vessel Name

Owners must submit an application along with required documentation to change the vessel name registered under the Certificate of Survey.

State Inspection

Vessels in ports will undergo inspections validated by the respective State governments to ensure compliance with issued certificates.

Official Log Book Requirements

A formal log must be maintained, detailing daily operations, incidents, and crew matters in accordance with these Rules.

Qualifications for Surveyors

Surveyors are required to meet specific educational and experience criteria, including at least 10 years in marine engineering or 7 years in naval architecture.

Inland Vessels (Central Database) Rules, 2024

Centralized Digital Registry:

  • Requires electronic submission of survey certificates, registration details, and crew competency data.
  • Enables real-time tracking of vessel compliance.

Nodal Officers:

Designated to maintain the confidentiality and integrity of the database.

Conclusion

The Inland Vessels (Survey and Certification) Rules 2022 are designed to enhance safety and operational standards for inland vessels, ensuring alignment with contemporary maritime norms and compliance with the Inland Vessels Act. Stakeholders are encouraged to engage with the draft rules prior to finalization to provide collective input, thereby improving the effectiveness of inland water transport regulations.

The forms referenced in the Appendices facilitate streamlined compliance and inspection processes for owners, operators, and authorities, reaffirming the commitment to safety and regulatory adherence in inland vessel operations.