Laws Information

法規資訊
Title: The Regulations on Port Services at Commercial Ports
Am Date: 2015-10-16
Legislative History: Amendment Regulation Jiaohung Zhi No. 10450128691 of Ministry of Transportation and Communications dated October 6, 2015, promulgates the provisions of Articles 3, 20 and 54 along with the chapter title of Chapter 4; and these regulations come into effect as of the date of promulgation; however, the date of promulgation for the regulations of Paragraph 2 of Article 3 and Subparagraph 8 of Article 20 are to be specified by the Ministry of Transportation and Communications.

Transaction

Amended

Article 3
Within twenty-four hours before a ship’s arrival at the port and twelve hours before the ship’s departure from the port, the ship owner or his/her agent shall, according to the actual situation, fill in a prior notice sheet that specifies related information such as the pathway, the estimated arrival time, the draft, the captain’s name, the quantity and type of cargo, the number of seafarers and passengers and the time for the ship’s departure from the port, the next calling port and the destination port. For international commercial ports, the sheet shall be submitted to the maritime and port authority for audits and then given to the commercial port management enterprise to facilitate arrangement of berths. For domestic commercial ports, the sheet shall be submitted to the maritime and port authority or an institution designated by the Executive Yuan (Hereinafter referred to as the “Designated Institution”) for audits before the berths are arranged. However, in case of an emergency, a ship can apply for emergency entrance to or departure from the port.
Besides the documents established in the preceding paragraph, the owner or his/her agent of an international ship shall also enclose documents supporting the purchase of ship owner’s liability insurance and BALLAST WATER REPORTING FORM (as attachment).
To avoid import overweight containers transited out of port area, the container freight industry should offer BayPlan 5 hours before arrival of discharge ports .
The aforesaid prior notice in the preceding two paragraphs may also be faxed or sent through a telegraph by the captain.
For ships other than passenger ships with photocopies or electronic copies of ship document examined by the maritime and port authority or designated institution, the ship owner or his/her agent may apply in advance for the prior notice sheet for ship’s departure from the port prior to its arrival at the port. When the documents submitted are incomplete, the ship owner or his/her agent shall supplement the documents and submit them to the maritime and port authority or designated institution for unspection within five days after the date of ship’s departure. Failure to do so shall disqualify the ship owner or his/her agent of the prior notice sheet for ship’s departure from the port for a period of thirty days.
The maritime and port authority or designated institution may establish separate operation directions of prior notice sheet of the following conditions without conformity with Paragraph 1 and the preceding paragraph of this Article.
1.In the case of a public service ship or an operation ship owned by a state-owned (state-operated) or private enterprise, if multiple entries at the same port are needed within a certain period of time.
2.In the case of a yacht neither berthing in the commercial port nor entry/exit of the border.

Article 20
A ship and floating equipment in the port area shall not be engaged in the following activities:
1.Violating laws or regulations to carry persons, cargoes or dangerous substances.
2.Soliciting passengers or cargoes in an improper way, or violating laws or regulations to carry passengers and tour around the port.
3.Exceeding the scope of business, or the navigation area as provided.
4.Berthing alongside another ship not for the purpose of operation in the absence of permission, or berthing or staying in the neighboring area of a merchant ship.
5.Berthing, loading/unloading cargos, or letting passengers and seafarers get on or off the ship at a place other than an appointed area
6.Navigating at night without showing signal lights or signal flags or sounding stereo box or signals at will
7.Arbitrarily entering or departing from the port without permission from the commerical port management enterprise, maritime and port authority or its designated institution
8.Drain untreated ballast water.
9.Being engaged in other behavior affecting the security of the port area announced by the maritime and port authority or its designated institution and reported by the commercial port management enterprise to the maritime port authority for announcement.

Article 54
The Regulations shall come into force from the date of promulgation, except the effective date of revised Article 3, Paragraph 2 and Article 20, Subparagraph 8 made on October 06, 2015 shall be determined by the Ministry of Transportation and Communications.