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船员在船上起居舱室公约(补充条款)(一)

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船员在船上起居舱室公约(补充条款)
CONVENTION No.133 Convention concerning Crew Accommodation onboard Ships (Supplementary Provisions)

第133号公约
颁布日期:19701030  颁布单位:日内瓦

  The General Conference of the International Labour Organization,

  Having been convened at Geneva by the Governing Body of theInternational Labour Office, and having met in its Fifty-fifth Session on14 October 1970, and

  Noting that the Accommodation of Crews Convention (Revised), 1949,lays down detailed specifications concerning such matters as sleepingaccommodation, mess and recreation rooms, ventilation, heating, lightingand sanitary facilities on board ship, and

  Considering that in the light of the rapidly changing characteristicsof both the construction and the operation of modern ships furtherimprovements in crew accommodation can be provided, and

  Having decided upon the adoption of certain proposals with regard tocrew accommodation, which is the second item on the agenda of thesession, and

  Having determined that these proposals shall take the form of aninternational Convention supplementing the Accommodation of CrewsConvention (Revised), 1949, adopts this thirtieth day of October of theyear one thousand nine hundred and seventy the following Convention, whichmay be cited as the Accommodation of Crews (Supplementary Provisions)Convention, 1970:

  PART I. GENERAL PROVISIONS

  Article 1

  1. This Convention applies to every sea-going ship, whether publiclyor privately owned, which is engaged in the transport of cargo orpassengers for the purpose of trade or is employed for any othercommercial purpose, which is registered in a territory for which thisConvention is in force, and of which the keel is laid, or which is at asimilar stage of construction, on or after the date of coming into forceof the Convention for that territory.

  2. National laws or regulations shall determine when ships are to beregarded as sea-going ships for the purpose of this Convention.

  3. This Convention applies to tugs where reasonable and practicable.

  4. This Convention does not apply to

  (a) ships of less than 1 000 tons;

  (b) ships primarily propelled by sail, whether or not they arefitted with auxiliary engines;

  (c) ships engaged in fishing or in whaling or in similar pursuits;

  (d) hydrofoils and air-cushion craft.

  5. Provided that the Convention shall be applied where reasonable andpracticable to

  (a) ships between 200 and 1 000 tons; and

  (b) the accommodation of persons engaged in usual sea-goingroutine in ships engaged in whaling or in similar pursuits.

  6. Provided also that any of the requirements applicable by virtue ofArticle 3 of this Convention may be varied in the case of any ship if thecompetent authority is satisfied, after consultation with theorganizations of shipowners and/or the shipowners and with the bona fidetrade unions of seafarers, that the variations to be made providecorresponding advantages as a result of which the over-all conditions arenot less favourable than those which would result from the fullapplication of the provisions of the Convention; particulars of all suchvariations shall be communicated by the Member concerned to theDirector-General of the International Labour Office.

  7. Provided further that the competent authority shall, afterconsultation with the organizations of shipowners and/or the shipownersand with the bona fide trade unions of seafarers, determine the extent towhich it is appropriate, taking into consideration the need for off-dutyaccommodation, to make exceptions or to diverge from the provisions ofthis Convention in the case of

  (a) sea-going ferries, feeder ships and similar ships which are notcontinuously manned with one permanent crew;

  (b) sea-going ships when repair personnel are carried temporarilyin addition to the ship's crew;

  (c) sea-going ships engaged on short voyages which allow membersof the crew to go home or to make use of comparable facilities for part ofeach day.

  Article 2

  In this Convention

  (a) the term “ship” means a vessel to which the Conventionapplies;

  (b) the term “tons” means gross register tons;

  (c) the term “passenger ship” means a ship in respect of whichthere is in force either (i) a passenger ship safety certificate issued inaccordance with the provisions of the International Convention for theSafety of Life at Sea for the time being in force, or (ii) a passengercertificate;

  (d) the term “officer” means a person other than a master rankedas an officer by national laws or regulations, or, in the absence of anyrelevant laws or regulations, by collective agreement or custom;

  (e) the term “rating” means a member of the crew other than anofficer;

  (f) the term “petty officer” means a rating serving in asupervisory position or position of special responsibility who is classedas petty officer by national laws or regulations, or, in the absence ofany relevant laws or regulations, by collective agreement or custom;

  (g) the term “adult” means a person who is at least 18 years ofage;

  (h) the term “crew accommodation” includes such sleeping rooms,mess rooms, sanitary accommodation, hospital accommodation and recreationaccommodation as are provided for the use of the crew;

  (i) the term “prescribed” means prescribed by national laws orregulations or by the competent authority;

  (j) the term “approved” means approved by the competent authority;

  (k) the term “re-registered” means re-registered on the occasionof a simultaneous change in the territory of registration and ownership ofthe ship.

  Article 3

  Each Member for which this Convention is in force undertakes tocomply, in respect of ships to which this Convention applies, with

  (a) the provisions of Parts II and III of the Accommodation ofCrews Convention (Revised), 1949; and

  (b) the provisions of Part II of this Convention.

  Article 4

  1. Each Member for which this Convention is in force undertakes tomaintain in force laws or regulations which ensure its application.

  2. The laws or regulations shall

  (a) require the competent authority to bring them to the notice ofall persons concerned;

  (b) define the persons responsible for compliance therewith;

  (c) prescribe adequate penalties for any violation thereof;

  (d) provide for the maintenance of a system of inspection adequateto ensure effective enforcement;

  (e) require the competent authority to consult the organizationsof shipowners and/or the shipowners and the bona fide trade unions ofseafarers in regard to the framing of regulations, and to collaborate sofar as practicable with such parties in the administration thereof.

  PART II. CREW ACCOMMODATION REQUIREMENTS

  Article 5

  1. The floor area per person of sleeping rooms intended for ratingsshall be not less than

  (a) 3.75 square metres (40.36 square feet) in ships of 1 000 tonsor over but less than 3 000 tons;

  (b) 4.25 square metres (45.75 square feet) in ships of 3 000 tonsor over but less than 10 000 tons;

  (c) 4.75 square metres (51.13 square feet) in ships of 10 000 tonsor over.

  2. Provided that the floor area per person of sleeping rooms intendedfor two ratings shall be not less than

  (a) 2.75 square metres (29.60 square feet) in ships of 1 000 tonsor over but less than 3 000 tons;

  (b) 3.25 square metres (34.98 square feet) in ships of 3 000 tonsor over but less than 10 000 tons;

  (c) 3.75 square metres (40.36 square feet) in ships of 10 000 tonsor over.

  3. Provided also that the floor area of sleeping rooms intended forratings in passenger ships shall be not less than

  (a) 2.35 square metres (25.30 square feet) per person in ships of 1000 tons or over but less than 3 000 tons;

  (b) in ships of 3 000 tons or over

  (i) 3.75 square metres (40.36 square feet) in roomsaccommodating one person;

  (ii) 6.00 square metres (64.58 square feet) in roomsaccommodating two persons;

  (iii) 9.00 square metres (96.88 square feet) in roomsaccommodating three persons;

  (iv) 12.00 square metres (129.17 square feet) in roomsaccommodating four persons.

  4. The number of ratings occupying sleeping rooms shall not exceed twopersons per room, except in passenger ships where the maximum numberpermissible shall be four.

  5. The number of petty officers occupying sleeping rooms shall notexceed one or two persons per room.

  6. In sleeping rooms for officers, where no private sitting room orday room is provided, the floor area per person shall be not less than6.50 square metres (69.96 square feet) in ships of less than 3 000 tons,and not less than 7.50 square metres (80.73 square feet) in ships of 3 000tons or over.

  7. In ships other than passenger ships an individual sleeping roomshall be provided for each adult member of the crew, where the size of theship, the activity in which it is to be engaged, and its layout make thisreasonable and practicable.

  8. Where practicable in ships of 3 000 tons or over, the chiefengineer officer and the chief navigating officer shall have, in additionto their sleeping room, an adjoining sitting room or day room.

  9. Space occupied by berths and lockers, chests of drawers and seatsshall be included in the measurement of the floor area. Small orirregularly shaped spaces which do not add effectively to the spaceavailable for free movement and cannot be used for installing furnitureshall be excluded.

  10. The minimum inside dimensions of a berth shall be 198 centimetresby 80 centimetres (6 feet 6 inches by 2 feet 7.50 inches)。

  Article 6

  1. The floor area of mess rooms for officers and for ratings shall benot less than 1 square metre (10.76 square feet) per person of the plannedseating capacity.

  2. Mess rooms shall be equipped with tables and approved seats, fixedor movable, sufficient to accommodate the greatest number of members ofthe crew likely to use them at any one time.

  3. There shall be available at all times when members of the crew areon board

  (a) a refrigerator, which shall be conveniently situated, ofsufficient capacity for the number of persons using the mess room or messrooms;

  (b) facilities for hot beverages; and

  (c) cool water facilities.

  4. The competent authority may permit such exceptions to theprovisions of paragraphs 1 and 2 of this Article concerning mess roomaccommodation as may be necessary to meet the special conditions inpassenger ships.

  Article 7

  1. Recreation accommodation, conveniently situated and appropriatelyfurnished, shall be provided for officers and for ratings. Where this isnot provided separately from the mess rooms the latter shall be planned,furnished and equipped to give recreational facilities.

  2. Furnishings for recreation accommodation shall as a minimum includea bookcase and facilities for reading, writing and, where practicable, forgames.

  3. In respect of ships of 8 000 tons or over, a smoking room orlibrary room in which films or television may be shown and a hobby andgames room shall be provided; consideration shall be given to theprovision of a swimming pool.

  4. In connection with the planning of recreation accommodation, thecompetent authority shall give consideration to the provision of acanteen.

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