1 Any ship such as hydrofoil, air-cushion vehicle, near-surface craft and
submarine craft etc. whose constructional features are such as to render the
application of any of the provisions of chapters 3 and 4 of this Annex
relating to construction and equipment unreasonable or impracticable may
be exempted by the Administration from such provisions, provided that the
construction and equipment of that ship provides equivalent protection
against pollution by oil, having regard to the service for which it is intended.
2 Particulars of any such exemption granted by the Administration shall
be indicated in the Certificate referred to in regulation 7 of this Annex.
3 The Administration which allows any such exemption shall, as soon
as possible, but not more than 90 days thereafter, communicate to the
Organization particulars of same and the reasons therefor, which the
Organization shall circulate to the Parties to the present Convention for
their information and appropriate action, if any.
4 The Administration may waive the requirements of regulations 29, 31 and 32 of this Annex, for any oil tanker which engages exclusively on
voyages both of 72 hours or less in duration and within 50 nautical miles
from the nearest land, provided that the oil tanker is engaged exclusively in
trades between ports or terminals within a State Party to the present
Convention. Any such waiver shall be subject to the requirement that the
oil tanker shall retain on board all oily mixtures for subsequent discharge to
reception facilities and to the determination by the Administration that
facilities available to receive such oily mixtures are adequate.
SEE INTERPRETATIONS 7 AND 8 AND 9
5 The Administration may waive the requirements of regulations 31 and
32 of this Annex for oil tankers other than those referred to in paragraph 4
of this regulation in cases where:
.1 |
the tanker is an oil tanker delivered on or before 1 June 1982, as
defined in regulation 1.28.3, of 40,000 tonnes deadweight or
above, as referred to in regulation 2.5 of this Annex, solely
engaged in specific trades, and the conditions specified in
regulation 2.6 of this Annex are complied with; or |
.2 |
the tanker is engaged exclusively in one or more of the
following categories of voyages: |
|
.2.1 |
voyages within special areas; or |
|
.2.2 |
voyages within 50 nautical miles from the nearest land
outside special areas where the tanker is engaged in: |
|
|
.2.2.1 |
trades between ports or terminals of a State Party
to the present Convention; or |
|
|
.2.2.2 |
restricted voyages as determined by the Administration,
and of 72 hours or less in duration; |
|
provided that all of the following conditions are complied with: |
|
.2.3 |
all oily mixtures are retained on board for subsequent
discharge to reception facilities; |
|
.2.4 |
for voyages specified in paragraph 5.2.2 of this regulation,
the Administration has determined that adequate reception
facilities are available to receive such oily mixtures in
those oil loading ports or terminals the tanker calls at; |
|
.2.5 |
the International Oil Pollution Prevention Certificate,
when required, is endorsed to the effect that the ship is
exclusively engaged in one or more of the categories of
voyages specified in paragraphs 5.2.1 and 5.2.2.2 of this
regulation; and |
|
.2.6 |
the quantity, time and port of discharge are recorded in
the Oil Record Book. |
|