CROSS RIVER – SHIPPING AND NAVIGATION (STATE INLAND WATERWAYS) LAW

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LAWS OF CROSS RIVER STATE

SHIPPING AND NAVIGATION (STATE INLAND WATERWAYS) LAW

ARRANGEMENT OF SECTIONS

CHAPTER S6

PART 1

State Inland Waters Navigation

SECTION

1. Application of this Part.
2. Persons who shall be in charge of steam vessels.
3. Power to make regulations.

PART 2

Carriage of Goods upon State Inland Waters

4. Application of this Part.
5. Definitions.
6. Limit of liability of ship and carrier.
7. Carriage of dangerous goods.

PART 3

Fishing Boats

8. Definition of “fishing boat”.
9. Power to make regulations.

PART 4

Licensing of Boats

10. Definition of “boat”.
11. Boats required to be licensed.
12. Licensing officers.
13. Examination of boats.
14. Offences.
15. Power to make regulations for the purposes of this Part.
16. Power of Local Government to make rules.

PART 5

Preliminary

17. Interpretation.
18. Short title.

 

CHAPTER S6

SHIPPING AND NAVIGATION (STATE INLAND WATERWAYS) LAW

A Law relating to Shipping and Navigation in Inland Waters within the State.

(30th August, 1917)

[Commencement.]

PART 1

State Inland Waters Navigation

1. Application of this Part

(1)      The provisions of this Part do not apply to vessels in the service of the Government of the Federation of Nigeria or of any State thereof.

(2)      The provisions of this Part does not apply to ports appointed under the Ports Act.

(3)      Save as aforesaid this Part shall apply to all State inland waters and to all vessels navigating such waters.

2. Persons who shall be in charge of steam vessels

(1)      Every steam vessel of or exceeding ten tons displacement when loaded shall, when navigating in the State inland waters, be in charge of—

(a)      if the vessel exceeds one hundred and fifty tons displacement when loaded, a master holding a master’s certificate granted or recognised under the Merchant Shipping Act, 1962, or a river master holding a certificate of competency granted under section 7 of the said Act;

(b)      in the case of a launch, such master or river master as aforesaid or a quartermaster holding a certificate of competency granted under the said section.

(2)      Nothing in subsection (1) contained shall be deemed to authorise any person other than a pilot to be in charge of any vessel navigating in circumstances in which the vessel is required to be in the charge of a pilot.

(3)      The owner and the person in charge of any vessel in respect of which there shall be any contravention of subsection (1) shall be liable to a fine of one hundred naira.

(4)      The provisions of this section shall not apply to any vessel which is a fishing boat within the meaning of section 10.

3. Power to make regulations

The Commissioner may make regulations for all or any of the following purposes—

(a)      requiring vessels in the inland waters to carry lights, and to prescribe what lights shall and may be carried by any vessel or class of vessels;

(b)      to appoint the course to be taken by vessels meeting, passing or overtaking any other vessels or being passed or overtaken by any other vessels navigating the State inland waters;

(c)      regulating, whether by way of prohibition or otherwise, the floating of timber, casks and other objects on the inland waters either generally or in respect of any specified State inland water or for any specified time or season;

(d)      providing for the forfeiture of timber, casks or other objects found floating on the State inland waters in contravention hereunder and for the redemption on payment of expenses and a penalty, within a time limit to be fixed, of any such timber casks or other objects;

(e)      closing for any temporary purpose any specified State inland waters to navigation, either generally or by any specified class of vessel;

(f)      regulating the navigation of the State inland waters;

(g)      the registration and licensing of ferry boats;

(h)      regulating the places of mooring vessels in the State inland waters and the mode of mooring the same;

(i)       generally to carry out the purposes of this Part.

PART 2

Carriage of Goods upon State Inland Waters

4. Application of this Part

The provisions of this Part shall apply to all State inland waters and to all vessels navigating such waters including vessels in the service of the Government of the Federation or of any State thereof.

5. Definitions

In this Part unless the context otherwise requires—

“carriage of goods” covers the period from the time when the goods are loaded on to the time when they are discharged from the ship;

“carrier” includes the owner or the charterer who enters into a contract of carriage with a shipper;

“contract of carriage” applies only to contracts of carriage covered by a bill of lading or any similar document of title, in so far as such document relates to the carriage of goods by State inland waters, including any bill of lading or any similar documents as aforesaid issued under or pursuant to a charter party, from the moment at which such bill of lading or similar document of title regulates the relations between a carrier and a holder of the same;

“goods” includes goods, waters, merchandises and articles of every kind whatsoever except live animals and cargo which by the contract of carriage is stated as being carried on deck and is so carried;

“ship” means any vessel used for the carriage of goods by State inland waters.

6. Limit of liability of ship and carrier

(1)      Neither the carrier nor the ship shall in any event be or become liable for any loss or damage to or in connection with goods in an amount exceeding two hundred naira per package or unit, or the equivalent of that sum in other currency unless the nature and value of such goods have been declared by the shipper before shipment and inserted in the bill of lading or any similar document of title.

(2)      This declaration if embodied in the bill of lading or other similar document as aforesaid shall be prima facie evidence, but shall not be binding or conclusive on the carrier.

(3)      By agreement between the carrier, master or agent of the carrier and the shipper another maximum amount than that mentioned in this subsection may be fixed:

Provided that such maximum shall not be less than the figure above named.

(4)      Neither the carrier nor the ship shall be responsible in any event for loss or damage to or in connection with goods if the nature or value thereof has been knowingly misstated by the shipper in the bill of lading or other similar document as aforesaid.

7. Carriage of dangerous goods

(1)      Goods of an inflammable, explosive or dangerous nature to the shipment whereof the carrier, master or agent of the carrier, has not consented, with knowledge of their nature and character, may at any time before discharge be landed at any place or destroyed or rendered innocuous by the carrier without compensation, and the shipper of such goods shall be liable for all damages and expenses directly or indirectly arising out of or resulting from such shipment.

(2)      If any such goods shipped with such knowledge and consent shall become a danger to the ship or cargo, they may in like manner be landed at any place or destroyed or rendered innocuous by the carrier without liability on the part of the carrier except to general average, if any.

PART 3

Fishing Boats

8. Definition of “fishing boat”

In this Part, the expression “fishing boat” means a boat of whatever size propelled by mechanical power and used in State inland waters for catching fish for profit.

9. Power to make regulations

The Commissioner may make regulations for the purpose of controlling the use of fishing boats in such manner as he may deem necessary to ensure the safety of such boats and their crews, and, without prejudice to the generality of the foregoing power, such regulations may make provision—

(a)      for the registration, lettering and numbering of fishing boats;

(b)      prescribing the persons who shall be in charge of fishing boats;

(c)      for the surveying of fishing boats;

(d)      for the examination of and issue of certificates of competency to person in charge of fishing boats;

(e)      prescribing the lifesaving appliances to be carried by fishing boats;

(f)      for matters connected with or incidental to the foregoing matters.

PART 4

Licensing of Boats

10. Definition of “boat”

In this Part the term “boat” does not include any stem vessel, but includes all other canoes, lighters, barges, boats, rafts, power driven small craft and all other small craft of whatsoever kind or description which are employed on any State inland waters.

11. Boats required to be licensed

(1)      The owner of—

(a)      any boat other than a canoe which carries passengers, goods, or merchandise; or

(b)      any canoe which carries passengers when towed by a steam vessel; or

(c)      any power driven small craft which plies for hire or carries passengers, goods or merchandise, shall, within ten days of the 1st January of each year, or if such boat shall, have been acquired subsequently to the 1st January, then within ten days of such acquirement, register and take out a licence for such boat in accordance with the provisions of the regulations made under this Part.

(2)      Every such licence shall expire on the 31st December next following the date on which it is taken out.

12. Licensing officers

The Local Government Secretary or such other officer as the Commissioner may appoint shall be licensing officers for the purposes of this Part.

13. Examination of boats

A licensing officer may refuse to register any boat which he is satisfied is not in a seaworthy condition.

14. Offences

Any person who—

(a)      plies for hire with or carries passengers, goods, or merchandise in any boat other than a canoe required to be licensed under this Part which is not duly licensed; or

(b)      carries passengers in a canoe when it is being towed by a steam vessel, such canoe not being duly licensed; or

(c)      plies for hire with, or carries passengers, good or merchandise in, any power driven small craft required to be licensed under this Part which is not duly licensed; or

(d)      being the owner of a licensed boat, fails to comply with any regulation made under this Part which is applicable to such boat; or

(e)      loads any licensed boat other than a canoe so that any part of the load line is submerged, or navigates the same when so loaded; or

(f)      using a licensed canoe for carrying passengers when it is being towed by a stem vessel, has the canoe so loaded that the load line is submerged, shall be liable for a first offence to a fine of ten naira and for a second or subsequent offence to a fine of fifty naira or imprisonment for three months.

15. Power to make regulations for the purposes of this Part

The Commissioner may make regulations for all or any of the following purposes—

(a)      prescribing the registers to be kept of licensed boats and the particulars to be entered therein;

(b)      prescribing the forms of licences;

(c)      requiring any change of ownership or of the address of an owner to be reported to the licensing officer;

(d)      prescribing the fees to be paid for licences;

(e)      prescribing the qualifications which are required to be possessed by the person in charge of a power driven small craft when plying for hire or carrying passengers, goods or merchandise and requiring the name and address of such person and any change relating thereto to be reported to the licensing officer;

(f)      prescribing the position and marking of the load line;

(g)      prescribing the maximum number of persons that may be carried in any licensed boat other than a canoe, or in a licensed canoe when such canoe is being towed by a steam vessel;

(h)      requiring the number of the licence and place of issue to be painted on a boat as directed;

(i)       prescribing the equipment and lifesaving appliances to be carried in power driven small craft and the precautions to be taken against fire and otherwise for the safety of persons carried in such craft;

(j)      declaring that this Part shall not apply to any boat or class of boats;

(k)      generally for the better carrying out of the purposes of this Part.

16. Power of Local Government to make rules

(1)      Any Local Government may, subject to the approval of the Commissioner, make rules with regard to boats owned by persons residing within the jurisdiction of the said Local Government and to boats owned by persons not residing within the said jurisdiction but whose boats are kept or used within the said jurisdiction and which boats are not licensed by some other Local Government or any class of such boats, or with regard to such boats or class of such boats where they are used for a particular purpose—

(a)      for the purpose of requiring the same to be registered and licensed under and in accordance with the provisions of such rules;

(b)      for all or any of the purposes for which the Commissioner may make regulations under section 17 except the purpose mentioned in paragraph (g); and

(c)      with regard to the maximum number of passengers which may be carried in licensed boats.

(2)      When any rules made under this section come into force sections 14, 15 and 16 and any regulations made by the Commissioner under section 17 shall not apply to the boats or classes of boats owned by persons residing within the jurisdiction of the Local Government making the rules, nor to boats or classes of boats owned by persons not residing within the said jurisdiction but which boats are nevertheless made subject to the provisions of the rules, nor to boats or classes of boats owned, kept or used within the area to which the rules may declare this Part shall be applicable.

PART 5

Preliminary

17. Interpretation

In this Law—

“commissioner” means member of the State Executive Council charged with the responsibility of this Law;

“launch” means a steam vessel not exceeding one hundred and fifty tons displacement when loaded;

“night” means between sunset and sunrise;

“passenger” includes any person, not being a child of less than one year of age, carried in a ship other than the master and crew, and the owner or agent and the family of either such owner or agent;

“power driven small craft” means a small craft propelled by a portable out-board engine not exceeding fifteen-brake-horsepower;

“small craft” includes any vessel not exceeding fifteen tons burden;

“State inland waters” means inland waters within the State except tidal waters, the River Niger and its affluents and any other inland waterway declared by the competent Federal authority to be an international or an inter-State waterway;

“steam vessels” includes all ships which are propelled by means of steam, internal combustion, or electric machinery or other mechanical power except power driven small craft.

18. Short title

(1)      This Law may be cited as the Shipping and Navigation (State Inland Waterways) Law.

(2)      Part 3 of this Law shall come into operation on a day to be fixed by the Governor by notice in the State Gazette.

CHAPTER S6

SHIPPING AND NAVIGATION (STATE INLAND WATERWAYS) LAW

SUBSIDIARY LEGISLATION

List of Subsidiary Legislation

1. Navigation of State Inland Waters Regulations.
2. Licensing of Boats (State Inland Waters) Regulations.
3. Power Driven Small Craft Regulations.

NAVIGATION OF STATE INLANDWATERS REGULATIONS

ARRANGEMENT OF REGULATIONS

REGULATION

1. Title.
2. Definition.
3. Vessels meeting.
4. Vessel overtaking another.
5. By night overtaken vessel to show light.

 

REGULATION

6. Vessel overtaking another in a narrow channel.
7. Vessels meeting at sharp bends.
8. Vessels approaching turning points to signal.
9. Lights to be carried by vessel under way.
10. Anchor light.
11. Warning signals when vessel approaching waters in which canoes may be expected.
12. Vessels navigated in inland waters not to cause obstruction or damage to other vessel or wharf, etc.
13. Warning signals in thick or foggy weather.
14. Light to be carried by small craft.
15. Small craft to pass on starboard side.
16. Small craft not to anchor in fairway.
17. Small craft to be sufficiently manned.
18. Fishing canoes.
19. No rubbish to be thrown overboard.
20. Penalties.
21. Floating of logs and casks.

NAVIGATION OF STATE INLANDWATERS REGULATIONS

[Regulations 37 of 1971, 13 of 1919, 23 of 1923, 2 of 1925, 18 of 1927, 22 of 1929, 15 of 1930, 21 of 1939, 44 of 1944. Section 5.]

1. Title

These regulations may be cited as the Navigation of State Inland Waters Regulations.

2. Definition

In these regulations—

“inland waters” means inland waters within the State except tidal waters, the River Niger and its affluents and any other inland waterway declared by the competent Federal authority tot be an international or an inter-State waterway.

3. Vessels meeting

All steam vessels when meeting other steam vessels shall alter their course to starboard so as to keep to the right or starboard side of the channels, and shall signal by blowing one short blast on their whistles.

4. Vessel overtaking another

When one steam vessel is overtaking another going in the same direction, the steam vessel so overtaking shall pass on the starboard side of the steam vessel so overtaken.

5. By night overtaken vessel to show light

A steam vessel which is being overtaken at night by another going in the same direction shall show from her stern to such overtaking steamer a white or flare-up light, to be placed in a conspicuous position not higher than the deck.

6. Vessel overtaking another in a narrow channel

When the channel is too narrow to admit one steam vessel passing another while going in the same direction, the overtaking steam vessel shall slow or stop her engines until a part of the channel is reached which will admit of the passing of the other without danger to either vessel.

7. Vessels meeting at sharp bends

When two steam vessels meet in narrow channels or on approaching points or sharp bends, the vessel proceeding against the stream shall decrease speed and, if necessary, stop and wait to allow the steam vessel proceeding with the stream to pass clear.

8. Vessels approaching turning points to signal

(1)      Steam vessels proceeding with the stream by day or night shall, on approaching turning points or bends, give one blast of the steam whistle at short intervals and will continue to do so until the point or bend has been passed.

(2)      A steam vessel proceeding against the stream will, on hearing this signal, slow down, and if necessary, stop and anchor, at the same time indicating what has been done by sounding three short blasts on the whistle if it has slowed down only and four short blasts if it has stopped and anchored.

9. Lights to be carried by vessel under way

(1)      Steam vessels when under way at night shall carry a bright light at the mast head and the usual starboard and port lights.

(2)      Steam vessels when towing small craft (other than their own boats), whether alongside or stern, shall carry in addition to such lights a bright light below the mast head light, such additional light to be not less than six feet below the mast head light in a vertical direction.

10. Anchor light

All steam vessels, when at anchor, shall hoist the usual anchor light. A steam vessel getting aground or from any cause becoming unmanageable and ceasing to make way through the water shall not display side lights.

11. Warning signals when vessel approaching waters in which canoes may be expected

All steam vessels when approaching any neighbourhood outside the limits of the a port, where it is customary for canoes to play or where it is anticipated that such canoes may be found, shall give timely warning of their approach by short blasts on the steam whistle and, if necessary, slow down so as to avoid accident or distress to any canoe that may be passed.

12. Vessels navigated in inland waters not to cause obstruction or damage to other vessel or wharf, etc.

Every vessel being navigated in State inland waters shall be so navigated as not to cause obstruction, injury or damage to any other vessel whether under way, at anchor, or lying at a wharf, bridge or alongside another vessel, or to any wharf, bridge or moorings; and shall proceed at a moderated speed whilst passing any other vessel, or any wharf, bridge or moorings, or passing through any bridge.

13. Warning signals in thick or foggy weather

In thick or foggy weather steam vessels shall at intervals of not more than two minutes sound a prolonged blast with the steam whistle. The person in charge or any steam vessel proceeding against the stream will, on hearing the fog signal of any steam vessel approaching from the opposite direction, proceed dead slow, or stop and anchor if necessary, and shall indicate the action taken in the manner prescribed in regulation 8.

14. Light to be carried by small craft

(1)      All small craft, excepting lighters and barges, shall at night have ready at hand a lantern showing a white light which shall be temporarily exhibited as a warning to another vessel in sufficient time to prevent a collision.

(2)      A lighter or barge shall, when under way at night, exhibit the lights, as laid down by the Merchant Shipping (Navigation of Inland Waters) Regulations made by the Federal Minister of Transport under the Merchant Shipping Act, 1962, and shall, when at anchor, carry a bright white light visible all round the horizon at a distance of not less than one mile.

15. Small craft to pass on starboard side

All small craft when navigating State inland waters shall, when meeting other vessels, keep on the starboard or right hand side of the channel in the direction in which they are proceeding.

16. Small craft not to anchor in fairway

Small craft shall not anchor in any channel or fairway in such a way as to obstruct or interfere with steam vessels using such channel or fairway.

17. Small craft to be sufficiently manned

All small craft shall at all times be sufficiently manned to maintain steerage way and to keep them under proper control.

18. Fishing canoes

Fishing canoes employed on fishing duties in recognised steam vessel routes or channels must carry out their operations, either by day or night, in such a manner as not to obstruct or interfere with the safe navigation of such routes or channels, and no fishing or seine nets or fishing stakes shall be placed in or across any fairway or channel on such recognised routes.

19. No rubbish to be thrown overboard

No ballast, dirt, ashes, bottles, baskets, rubbish, animal or vegetable matter or anything of a like nature shall be thrown overboard from any vessel lying alongside a wharf or jetty at any station situated on the State inland waters.

20. Penalties

The owner, master or person in charge of any vessel in relation to which any breach of the provisions of these regulations is committed and any person who commits a breach of these regulations shall be liable to a fine of forty naira, in addition to payment of any expenses incurred in inspection and repair of any damage caused by such breach.

 

Floating of Logs

21. Floating of logs and casks

(1)      No person shall float logs of timber or casks of oil on any State inland waters except in accordance with the following provisions—

(a)      in any State inland waters rafts may be made up of one hundred and forty-four logs or three hundred and sixty casks but shall not exceed twenty-seven feet in width;

(b)      a crew of one man for every twenty logs or fraction of twenty or for every fifty casks or fraction of fifty shall be carried on each raft, provided that no raft shall have a crew of less than two men;

(c)      every raft shall at night exhibit a red light from each end of the raft at a point equidistant from each side of the raft.

(2)      The owner of any logs or casks, with respect to which any of the provisions of subregulation (1) have not been complied with, shall be liable to a fine of one hundred naira, and each of the persons in charge of such logs or casks shall be liable to a fine of four naira.

(3)      Any raft or single log or cask found adrift and not in the charge of a craftsman in any State inland waters may be seized by any administrative, police, marine or forestry officer and detained by him for the period of one month from the date of such seizure, after which such raft, log or cask may be forfeited to the Government:

Provided that—

(a)      the owner of such raft, log or cask may within the said period of one month redeem the same on payment of a penalty of one naira for each log and of fifty kobo for each cask, whether such log or cask forms part of a raft or not, and on payment of any expenses incurred by any such officer in removing such raft, log or cask to a place of safety to avoid danger to navigation; and

(b)      any such payment shall be in addition to any penalty that may be imposed under the provisions of sub-regulation (2).

LICENSING OF BOATS (STATE INLAND WATERS) REGULATIONS

ARRANGEMENT OF REGULATIONS

REGULATION

1. Short title and interpretation.
2. Form of licences and fees.
3. Production of licence on demand.
4. Registers to be kept.
5. Licence to bear name and address of owner and number of boat.
6. Change to be notified.
7. Duplicate licences.
8. Display of licence number.
9. Load line.
10. Position of load line.

REGULATION

11. Formulae for arriving at loaded displacement.
12. Number of persons to be carried.
13. Boats exempt from the provisions of Part 5 of the Law.

SCHEDULES

FIRST SCHEDULE

FORMS

SECOND SCHEDULE

LICENSING OF BOATS (STATE INLAND WATERS) REGULATIONS

[Regulations 2 of 1935, 4 of 1948, section 17.]

1. Short title and interpretation

(1)      These regulations may be cited as the Licensing of Boats (State Inland Waters) Regulations.

(2)      In these regulations “boat” has the same meaning as in Part 5 of the Law;

“the Law” means the Shipping and Navigation Law.

(3)      These regulations shall not apply to boats while they are on tidal waters, on the River Niger and its affluents and on any other inland waterway declared by the competent Federal authority to be an international waterway or an inter-State waterway.

2. Form of licences and fees

(1)      A licence granted under Part 5 of the Law shall be in Form A or Form B in the First Schedule according as the licence is—

(a)      for a boat other than a canoe specified in paragraph (b); or

(b)      a canoe which will be used for carrying passengers when towed by a steam vessel.

(2)      There shall be paid in respect of each such licence the fee prescribed in the Second Schedule.

(3)      Where a licence is issued after the 30th of June, three shall be paid one-half of the prescribed fees.

3. Every person in charge of a boat which is required by the Law to be registered and licensed shall on demand being made by any police officer or magistrate or officer of the Inland Waterways Department produce the licence granted in respect of such boat. Penalty: a fine of four naira.
4. Registers to be kept

Each licensing officer shall keep a register which shall contain—

(a)      the name and address of the owner of every boat registered by him;

(b)      a description of the boat;

(c)      the number of the licence (if any) issued in respect thereof and the date of issue; and

(d)      the number of persons the boat, not being a canoe specified in regulation 2 (1) (b), is licensed to carry, or in the case of a canoe specified in regulation 2 (1) (b), the number of persons which the canoe is licensed to carry when towed by a steam vessel.

5. Licence to bear name and address of owner and number of boat

The licensing officer shall grant to the owner of every boat which has been registered as aforesaid a licence which shall bear upon the face of it—

(a)      the name and address of the owner;

(b)      the number under which the boat is registered;

(c)      the date of its issue.

6. Change to be notified

Every change of address of an owner or change of owner shall be reported to the licensing officer by whom the vessel is registered within one month of such change by the owner of the boat, and such change shall be noted in the register.

7. Duplicate licences

If an owner loses his licence a duplicate may be issued by the licensing officer on payment of the fee prescribed in the Second Schedule.

8. Display of licence number

(1) (a) The owner of a licensed boat, other than a lighter or other craft constructed of iron or steel, shall fix or cause to be fixed on both sides of the bow, in the place and position indicated by the licensing officer, an enameled iron plate showing the registered number as indicated on the licence and the place of issue of the licence indicated by its initial letter.

(b)      The letter and figures shall be white on a background of a colour approved by the licensing officer, which colour shall be changed every year.

(c)      The letter and figures shall not be less than two inches in height and shall at all times be legible at a distance of forty feet.

(2) (a) The owner of a lighter or other craft constructed of iron or steel shall paint or cause to be painted on both sides of the bow, in the place and position indicated by the licensing officer, the registered licence indicated by its initial letter.

(b)      The letter and figures shall be white on a background of a colour approved by the licensing officer. The colour shall be changed every year.

(c)      The letter and figures shall not be less than four inches in height and shall at all times be maintained so as to be legible.

9. Load line

The licensing officer shall ascertain in the manner hereinafter prescribed the position for the load line for each boat registered by him, and the owner of the boat shall paint or cause to be painted and thereafter maintained in the position indicated by the licensing officer on each side of the boat a broad white line three inches wide and two feet long, the lowest part of which shall be the load line.

10. Position of load line

The position of the load line shall be ascertained as follows—

(a)      lighters, or barges with combings and hatches: for every foot depth of hold amidship from the flooring of the lighter to the under part of the deck or lower edge of the combings, there shall be allowed two inches of freeboard measured from the deck downwards;

(b)      open boats: for every foot depth measured amidship from a lath placed across the gunwales to the bottom of the canoe or lighter, there shall be allowed four inches of free board measured from the edge of the gunwales downwards.

11. Formulae for arriving at loaded displacement

(1)      For the purposes of arriving at loaded displacement the following formulae should be employed—

(a)      for lighters and barges: tonnage displaced equals length × breadth × mean loaded draught × 0.8 ÷ 35;

(b)      for other boats: tonnage displaced equals length × breadth × mean draught × 0.6 ÷ 35.

(2)      Measurement for length and breadth shall be taken at the load line.

12. Number of persons to be carried

(1)      The number of persons which may be carried by a boat (other than a canoe) required to be licensed under Part 4 of the Law shall be governed by the deck space available, six superficial feet being allowed to each person for a voyage exceeding twelve hours in duration and four superficial feet to each person for shorter voyages. For lighters and barges the deck space shall include closed hatchways, but for each six superficial feet occupied by cargo, animals or goods one person shall be deducted.

(2)      For the purpose of calculating the number of passengers which may be carried in any canoe the following formula shall be adopted:

Length in feet × breadth in feet × depth in feet × 0.6

10

(3)      The measurement for length and breadth shall be taken at the load line.

13. Boats exempt from the provisions of Part 5 of the Law

The following boats are exempt from the provisions of Part 4 of the Law:

(a)      Any boat belonging to a registered ship;

(b)      any boat belonging to the subject of a foreign State, who is not resident in Cross River State, provided the boat does not ply for hire or carry passengers within Cross River State;

(c)      any boat kept solely for pleasure purposes;

(d)      any boat kept exclusively for the purpose of fishing;

(e)      any canoe in the State other than those which when towed by a steam vessel carry passengers.

SCHEDULES

FIRST SCHEDULE

FORM A

Boat Licence

No. …………………………………..

A licence is hereby granted for the craft herein described—

Registered No. on craft ………………………………………………………………………………

Place of issue …………………………………………………………………………………………

Name of registered owner ……………………………………………………………………………

Description of craft and owner’s mark thereon ………………………………………………….

Particulars as to size …………………………………………………………………………………

₦        k

Cost of licence ………………..

Marking fee ……………………

Total paid ………………………       ₦

The above-mentioned boat is licensed to carry ……………………………… passengers for voyages exceeding twelve hours in duration and ………………………………………. passengers for shorter voyages and goods and merchandise until the 31st day of December, 20 ……………………………, subject to the provisions of Part 4 of the Shipping and Navigation (State Inland Waters) Law and the regulations made thereunder.

Dated the ……………………………. day of ………………………………………………………, 20 ………………………….

……………………………………………………………

Licensing Officer

FORM B

Licence for canoe used in any part of the State for carrying passengers when towed by a steam vessel

No. …………………………………..

A licence is hereby granted for the canoe herein described to carry passengers when towed by a steam vessel until the 31st day of December, 20 …………………………………, subject to the provisions of Part 4 of the Shipping and Navigation (State Inland Waters) Law and the regulations made thereunder.

Registered No. on craft …………………………………………………………………………………………………………….

Place of issue …………………………………………………………………………………………..

Name of registered owner ……………………………………………………………………………

Description of craft and owner’s mark thereon …………………………………………………..

Particulars as to size ……………………………………………………………………………..

₦ k

Cost of licence ………………..

Marking fee ……………………

Total paid ……………………… ₦

FORM B—continued

The above-mentioned boat is licensed to carry ……………………………… passengers for voyages exceeding twelve hours in duration and ………………………………………. passengers for shorter voyages and goods and merchandise until the 31st day of December, 20 ……………………………, subject to the provisions of Part 4 of the Shipping and Navigation (State Inland Waters) Law and the regulations made thereunder.

Dated the ……………………………. day of ………………………………………………………, 20 ……………………………………………………………………………………….

Licensing Officer

SECOND SCHEDULE

1. Fees to be paid for Licences ₦ k

(a) Lighters—

exceeding 150 tonnes loaded displacement ………………………………………………. 8 00

exceeding 100 tonnes but not exceeding 150 …………………………………………….. 6 00

exceeding 50 tonnes but not exceeding 100 ………………………………………………. 5 00

exceeding 20 tonnes but not exceeding 50 ………………………………………………… 4 00

not exceeding 20 tonnes loaded displacement ……………………………………………. 3 00

(b) Otherboats—

exceeding 30 tonnes loaded displacement …………………………………………………. 5 00

exceeding 20 tonnes but not exceeding 30 ………………………………………………… 4 00

exceeding 10 tonnes but not exceeding 20 ………………………………………………… 3 00

not exceeding 10 tonnes loaded displacement ……………………………………………. 1 00

2. Duplicate copy of any licence issued as above ………………………………………… 0 20

 

POWER DRIVEN SMALL CRAFT REGULATIONS

[1966 No. 26, 1978 No. 11. L.N. 64 of 1963. Section 17.]

1. Citation

The regulations may be cited as the Power Driven Small Craft Regulations.

2. Application

These rules shall apply throughout the Cross River State to all power driven small craft whilst any such craft is being operated on any inland waterway but shall not, unless such a boat is used for carrying passengers for hire or reward, apply to—

(a)      a boat belonging to a registered ship;

(b)      a boat kept solely for pleasure purposes; or

(c)      a boat kept solely for the purpose of fishing.

3. Interpretation

In these rules—

“the Act” means the Merchant Shipping Act, 1962;

“inland waterways” means an inland waterway in the Cross River State not being an inland waterway declared by the National Assembly to be an international waterway or to be an inter-regional waterway;

“inspector” has the meaning assigned to it by section 2 of the Act;

“loadline” means the mark ascertained in accordance with regulation 17 (2) indicating the maximum depth to which a power driven small craft is authorised by the surveyor to be loaded;

“small craft” means any small craft propelled by one;

“surveyor” means a surveyor of ships appointed under section 146 of the Act.

4. Certificate of competency required

No person shall be in charge of a power driven small craft unless he is the holder of a certificate of competency as a Power Driven Small Craft Operator, issued under the Examinations for Certificates of Competency (Deck) Regulations, 1963.

5. Power driven small craft to be licensed

(1)      Every power driven small craft to which these rules apply shall be surveyed at least once in every twelve months and shall be issued with a licence in the form in the Schedule to these rules. No licence shall be issued unless the craft complies with the requirements of these rules.

(2)      A fee of two naira fifty kobo shall be payable for a licence valid for one calendar year:

Provided that if a licence is issued after the 30th June in any year, half the prescribed fee shall be payable.

(3)      Surveyors appointed under section 146 of the Act shall be surveyors and licensing officers for the purposes of these rules.

6. Records to be kept

(1)      The owner of every power driven small craft shall keep a record of the name of, and the number of the certificate of competency held by, every person appointed to be in charge of such craft, together with the dates of appointment and discharge of such person.

(2)      The Government Inspector of Shipping, a Surveyor or Police Officer may require the production of such record at any time. A person who fails, neglects or refuses to produce such record shall be guilty of an offence and on conviction shall be liable to a fine not exceeding ten naira.

7. Display of licence

On every power driven small craft the licence shall be displayed in a conspicuous place where it can be read easily by both passengers and crew. It shall be protected in an adequate manner from wind and water.

8. Alterations

No owner or person in charge of any licensed power driven small craft shall, without the approval of a surveyor, or without taking out a new licence, alter the design of such craft.

Safety Provisions

9. Buoyant apparatus

There shall be at all times on every power driven small craft at least one lifebuoy and sufficient buoyant apparatus of a pattern approved by the surveyor to provide flotation for the total number of persons which, under the licence, may be carried by such craft.

10. Fire extinguishers

(1)      Every power driven small craft shall carry at least one portable fire extinguisher of not less than one quart capacity and of a pattern approved by the surveyor or, in addition to such fire extinguisher, a receptacle containing not less than one cubic foot of dry sand and a suitable scoop for distributing such sand. On fire extinguishers carried, the date of the last refilling shall be painted on the body of each such extinguisher.

(2)      Such fire extinguishers shall be refilled at least once every two years and a surveyor may, during a survey, require that such fire extinguishers shall be tested.

11. Paddles

Every power driven small craft shall carry sufficient paddles, being not less than six, to enable it, if need be, to be steered and manoeuvred without the use of the engine.

12. Petrol

No petrol shall be carried in any power driven small craft in any container other than the proper petrol tank of the outboard engine or containers approved by the surveyor. The total amount of petrol carried on board at any one time, with the exception of that carried in the petrol tank of the engine, shall never exceed 10 gallons, and no tank or other approved container shall exceed five gallons capacity. No such tank or container shall be opened, filled or emptied while any engine is in operation or in the presence of artificial light or heat other than electric light.

13. Buoyancy tanks

Every power driven small craft shall be fitted with internal buoyancy tanks to the satisfaction of the surveyor.

14. Anchors and cables

Every power driven small craft shall be equipped with an efficient anchor and sufficient chain or rope cable to the satisfaction of the surveyor.

15. Navigation lights

Every power driven small craft shall be equipped with navigation lights in accordance with the provisions of the Merchant Shipping (Navigation of Inland Waters) Regulations, 1963.

16. Number of persons to be carried

(1)      The number of persons who may be carried on board a power driven small craft shall be governed by the deck space available, six superficial feet being allowed for each person for a voyage exceeding twelve hours in duration and four superficial feet for each person for shorter voyages. When cargo, animals or other goods are carried, one person shall be deducted for every six superficial feet of space occupied by such cargo, animals or other goods.

(2)      A notice, “Certified to carry………………………persons” shall be displayed in a conspicuous position on board the craft where it may easily be seen by all passengers.

(3)      The owner or person in charge shall not permit on board the craft a greater number of persons than the number allowed by the licence.

17. Load line

(1)      The surveyor shall ascertain the position for the load line of each craft and the owner or person in charge shall cause such line to be painted in and maintained in that position, such line shall be painted on each side of the craft amidship and each such line shall be two inches in thickness and one foot in length, the lowest edge of which shall indicate the deepest draught to which the craft may be loaded.

(2)      The position of the load shall be ascertained by allowing four inches of freeboard from the edge of the gunwales downwards for every foot depth of the craft. Such depth being measured from a lath placed across the gunwales at the deepest part of the craft to the bottom of the craft.

(3)      Notwithstanding anything contained in regulation 16 hereof, no power driven craft shall be so loaded as to submerge the load line.

18. Sundeck

(1)      No power driven small craft shall carry any person, cargo or baggage except buoyant apparatus on a sundeck and then only if the surveyor is satisfied that such apparatus carried thus does not adversely affect the stability of the craft. The sundeck itself shall be of such construction that its weight and height do not affect the stability of the craft.

(2)      In this rule “sundeck” includes anything in the nature of an awning, permanent or otherwise.

19. Stability

Nothing in these rules shall make the grant of a licence obligatory if, in the opinion of the surveyor, the craft is unstable in a loaded condition, or is otherwise unfit for the intended service. The surveyor’s decision in this matter shall be final.

Miscellaneous

20. Further penalties

The owner or person in charge of any power driven small craft who fails to comply with any of the provisions of regulations 4, 5, 9 to 15, 16 (3) and 18 shall be guilty of an offence and on conviction shall be liable to a fine not exceeding one hundred naira or to six months imprisonment or to both such fine and imprisonment; and any such owner or person in charge who contravenes any of the provisions of regulations 7, 8, 17 (2) and 17 (3) shall be guilty of an offence and on conviction shall be liable to a fine not exceeding twenty naira.

SCHEDULE

1. of T. Form Survey 30

No. ………………………………………………………….

Licence for Power Driven Small Craft

Name of Craft	Name of Owner
Owner’s Permanent Address	Name and Certificate No. of Operator

 

Dimensions of Craft
Length—                            Breadth—                     Depth—
Descriptions and H.P. of Engine(s)
Type of Navigation Lights	Number of Paddles Carried

 

Number, Type and Capacity of Buoyancy Tanks
Number of Lifebuoys	Number and Capacity of Buoyant Apparatus
Number of Persons Carried not to Exceed		Freeboard
Over 12 hours—	Under 12 hours—

 

The fee of ₦ ……………………………….. having been paid, the above-mentioned Power Driven Small Craft is hereby licensed to ply on the inland waterways of the Cross River State of Nigeria with the number of persons stated above, and no more. If cargo, animals, baggage or other goods are carried, the number of persons allowed on board shall be reduced by one for every six superficial feet of space so occupied.

SCHEDULE—continued

Valid only until the 31st day of December 20 ………………………………………………………………………………..

Issued at …………………………….. this ……………………….. day of ………………………………… 20 ……………….

Licensing Officer …………………………………………………………….

Issued subject to the Rank ………………………………………………..

provision of the Power Driven Small Craft Regulations.