Safety Management Rules for High-Speed Passenger Ships of the People's Republic of China

Chapter I General Provisions

Article 1 These Rules are formulated in accordance with the Maritime Traffic Safety Law of the People's Republic of China, the Regulations of the People's Republic of China on the Administration of Inland Waterway Traffic Safety, and other relevant laws and administrative regulations, with a view to strengthening the safety supervision and administration of high-speed passenger vessels, maintaining water traffic order, and ensuring the safety of life and property.

Article 2 These Rules apply to high-speed passenger vessels navigating, mooring, and engaging in related activities in the navigable waters of the People's Republic of China, as well as their ship owners, operators, and relevant personnel.

Article 3 The Maritime Safety Administration of the People's Republic of China is the competent authority for implementing these Rules.

All maritime safety administration agencies shall be responsible for implementing these Rules within their respective jurisdictions.

Chapter II Ship Companies

Article 4 A ship company operating high-speed passenger vessels shall legally obtain corresponding operational qualifications.

Article 5 Second-hand foreign-flagged high-speed passenger vessels purchased overseas or bareboat chartered from abroad by a ship company shall meet the requirements of the Regulations on the Administration of Old Transport Ships.

Article 6 Before a high-speed passenger vessel commences operation, the ship company shall prepare the following documents:

(1) Route operation manual;

(2) Ship operation manual;

(3) Ship repair and maintenance manual;

(4) Training manual;

(5) Safe operation commitment letter.

The contents to be included in the above-mentioned manuals shall be determined by the competent authority. The safe operation commitment letter shall include information such as the vessel's name, ship owner, operator or manager, operational waters or routes, and a commitment to operate safely and legally in compliance.

The ship company shall, within 7 days of obtaining the vessel's nationality registration certificate, file the high-speed passenger vessel intended for operation with the maritime safety administration agency of its primary place of operation, along with the materials listed in the first paragraph of this Article for submission.

Article 7 After receiving the filing materials for a high-speed passenger vessel, the maritime safety administration agency shall, if the materials are complete and meet the requirements, publicly release a list of filed high-speed passenger vessels and relevant information, and update it promptly for public inquiry and supervision.

If the materials are incomplete or do not meet the requirements, the maritime safety administration agency shall notify the filer in writing on the spot or within 5 days from the date of receipt of the materials, specifying all additional content needed.

Article 8 If filing details for a high-speed passenger vessel change, the filing shall be amended with the original maritime safety administration agency where the filing was made.

If a high-speed passenger vessel ceases operations, the primary place of operation's maritime safety administration agency shall be notified 30 days prior to the date of cessation.

Article 9 A ship company operating high-speed passenger vessels shall establish a safety management system suitable for the operational characteristics of high-speed passenger vessels, including crew rest schedules to prevent crew fatigue.

Chapter III Vessels

Article 10 A high-speed passenger vessel shall undergo inspection and certification, complete vessel registration procedures, and hold valid vessel certificates.

Article 11 A high-speed passenger vessel shall carry on board the latest route operation manual, ship operation manual, ship repair and maintenance manual, and training manual applicable to the vessel.

Article 12 A high-speed passenger vessel must be equipped with navigation lights, shapes, sound signaling, radio communication equipment, fire-fighting equipment, life-saving appliances, and emergency equipment, among others, as required by regulations. All equipment and facilities on board a high-speed passenger vessel shall be in good and standby condition.

Chapter IV Crew

Article 13 Crew members serving on high-speed passenger vessels shall meet the following requirements:

(1) Undergo basic safety training recognized by the competent authority and obtain a certificate of completion. Masters, deck officers, engineer officers, assistant engineer officers, and general crew members designated responsible for safety operations and passenger safety must additionally undergo special training recognized by the competent authority and obtain a special training certificate.

(2) Masters, deck officers, engineer officers, and assistant engineer officers shall hold corresponding competency certificates of service.

(3) Those who have obtained a competency certificate of service for high-speed passenger vessel crew members shall complete a period of sea service under instruction of no less than 10 hours and 20 single voyages before formal assumption of duties.

(4) The age of male masters and deck officers shall not exceed 60 years, and the age of female masters and deck officers shall not exceed 55 years.

When applying for a competency certificate of service as master, chief mate, or chief engineer for high-speed passenger vessels, crew members serving on non-high-speed passenger vessels shall be no more than 45 years of age.

(5) The health conditions of masters and deck officers, particularly vision, hearing, and oral expression ability, shall meet the corresponding requirements.

Article 14 Maritime safety administration agencies authorized by the competent authority are responsible for the training management, examination, and certification of crew members on high-speed passenger vessels. Relevant regulations concerning training, examination, and certification shall be promulgated and implemented by the competent authority.

Article 15 A high-speed passenger vessel shall apply for a Minimum Safe Manning Certificate from the maritime safety administration agency handling its vessel registration. The minimum manning standard for high-speed passenger vessels shall comply with the requirements of the Appendix to these Rules.

Article 16 The continuous lookout watchkeeping time for deck officers on high-speed passenger vessels shall not exceed two hours, and there shall be sufficient rest periods between two watchkeeping duties, with specifics to be determined by the local maritime safety administration agency.

Chapter V Navigation Safety

Article 17 When navigating, high-speed passenger vessels shall operate at a safe speed to prevent collisions and wave damage. When entering or leaving ports or navigating through special waterway segments, high-speed passenger vessels shall comply with local maritime safety administration agency regulations concerning speed.

While underway, high-speed passenger vessels must display a yellow flashing light.

Article 18 While a high-speed passenger vessel is underway, watchkeeping crew members must strictly fulfill their duties at their respective positions to ensure safe navigation. Personnel responsible for lookout on the bridge must maintain a proper lookout. Unauthorized personnel are prohibited from entering the bridge.

Article 19 When navigating in ports and inland navigable waters, high-speed passenger vessels shall proactively give way to all non-high-speed vessels. During navigation at sea and when avoiding collisions between high-speed passenger vessels and other high-speed vessels, measures shall be taken in accordance with the collision regulations. When navigating through special waterway segments, high-speed passenger vessels shall comply with special navigation regulations issued by maritime safety administration agencies.

Article 20 When deemed necessary, maritime safety administration agencies may recommend or designate routes for high-speed passenger vessels. High-speed passenger vessels must comply with the agencies' regulations concerning routes.

Article 21 In the event of adverse weather or poor visibility, maritime safety administration agencies may recommend that high-speed passenger vessels cease navigation.

Article 22 High-speed passenger vessels shall carry passengers according to the prescribed passenger capacity and are prohibited from overloading. The picking up or setting down of passengers at unapproved stations or points is prohibited.

Chapter VI Safety Assurance

Article 23 High-speed passenger vessels shall berth at docks meeting the following conditions:

(1) Meeting the basic requirements for safe vessel berthing;

(2) Berthing at the dock is unlikely to cause wave damage to other vessels;

(3) Avoiding port’s busy navigational areas and narrow channels;

(4) Passenger boarding and disembarkation facilities meet safety conditions;

(5) Sufficient lighting at night;

(6) In winter, safety protection measures against freezing and slipping shall be in place.

Article 24 Maritime safety administration agencies shall periodically publicize docks meeting the above conditions, urge high-speed passenger vessels to berth at compliant docks, and ensure the implementation of various safety management measures.

Article 25 High-speed passenger vessels shall have size and quantity restrictions on items carried by passengers. Passengers' luggage and items must not block passageways. High-speed passenger vessels are strictly prohibited from shipping, and passengers from carrying, dangerous goods.

Article 26 High-speed passenger vessels shall conduct one emergency fire drill and one emergency evacuation drill weekly, and keep records of these drills; before each departure, safety instructions shall be explained to the passengers.

Article 27 High-speed passenger vessels shall establish a pre-departure safety self-inspection system, formulate a pre-departure safety inspection checklist, and perform checks against it. Maritime safety administration agencies may conduct supervision and random checks on the pre-departure safety inspection checklist.

Article 28 High-speed passenger vessels shall go through the procedures for entering and leaving ports according to regulations. High-speed passenger vessels engaged in domestic voyages shall, according to regulations, complete port entry and departure reporting procedures. High-speed passenger vessels on international voyages may apply for a regular calling permit of no more than 7 days.

High-speed passenger vessels are prohibited from navigating at night. However, if navigating in special waters and there is a genuine need for night navigation, the vessel shall apply to the local maritime safety administration agency for permission to enter and leave the port; night navigation is permitted only after approval.

Article 29 If a high-speed passenger vessel or personnel are in distress, they shall take self-rescue measures actively while immediately reporting to the nearest maritime search and rescue center.

Chapter VII Legal Liability

Article 30 Violations of these Rules shall be penalized by maritime safety administration agencies in accordance with relevant laws, administrative regulations, and relevant provisions of the Ministry of Transport.

Article 31 If a high-speed passenger vessel violates these Rules and fails to make corrections after being penalized by a maritime safety administration agency, the agency may order the vessel to cease navigation.

Article 32 If staff members of maritime safety administration agencies violate regulations by abusing their power or neglecting their duties, causing loss to people’s lives and property, they shall be subject to administrative sanctions by their work unit or superior competent authority; if a crime is constituted, criminal liability shall be pursued according to law.

Chapter VIII Supplementary Provisions

Article 33 "High-speed passenger vessel" as mentioned in these Rules refers to a vessel carrying more than 12 passengers, with a maximum speed (meters/second) equal to or greater than the following value: 3.7∇0.1667, where "∇" denotes the volume of displacement (cubic meters) corresponding to the designed waterline. It does not include vessels operating in a non-displacement mode, wholly supported above the water's surface by aerodynamic lift generated by ground effect.

"Ship company" as mentioned in these Rules refers to a ship owner, operator, or manager, and other organizations that have accepted operational responsibility for the vessel from the ship owner and undertake all obligations and responsibilities for the safety and pollution prevention management of the vessel.

Article 34 The provisions of Chapters II, III, and IV of these Rules do not apply to foreign-flagged high-speed passenger vessels, but such vessels shall meet the requirements of their flag state administration.

Article 35 Matters not covered in these Rules shall be implemented in accordance with other relevant national laws and regulations and the international conventions acceded to by China.

Article 36 These Rules shall come into effect as of June 1, 2006. The "Rules on the Safety Administration of High-Speed Passenger Vessels of the People's Republic of China" (Order No. 13, 1996 of the Ministry of Communications), published by the Ministry of Communications on December 24, 1996, shall be simultaneously abolished.