Dangerous Substances in Bulk - 1991 Download Dangerous Substances in Bulk - 1991 as a PDF (28Kb). (Acrobat Reader software is required to view PDF files. You can download it for free at Acrobat Reader).
 Table of Contents
Citation and Commencement
Interpretation
Revocation
Notice of Intention to Navigate
Vessel to Remain Afloat
Vessel to be Berthed Immediately
Prohibition to Anchoring Above Chapman Limit
Restriction on Navigation Above Coalhouse Point Limit
Restriction on Navigation Above Crayfordness Limit
Restriction on Navigation Above Barking Creek Limit
Navigation in Restricted Visibility West of Chapman Limit
Navigation in Restricted Visibility East of Chapman Limit
Explanatory Note
Offences
GENERAL
Citation and Commencement
| 1. |
These byelaws may be cited as the Port of London Dangerous Substances in Bulk Byelaws 1991 and shall come into force on the expiration of one month from the date on which they are confirmed.
|
Top
Interpretation
| 2. |
In these byelaws, unless the context otherwise requires:- |
| |
“the Barking Creek limit” means a line drawn across the Thames on the line of longitude 00º 06’00” east; |
| |
“the Chapman limit” means a line drawn across the Thames on the line of longitude 00º 37’00” east (which is in the vicinity of No. 7 Sea Reach Buoy); |
| |
“Class” means a reference to that class within the classification specified in column 2 of Part 1 of Schedule 1 to the Dangerous Substances in Harbour Areas Regulations 1987; |
| |
“the Coalhouse Point limit” means a line drawn across the Thames from Coalhouse Point on the north bank to Shornmead Light on the south bank; |
| |
“the Crayfordness limit” means a line drawn across the Thames from Crayfordness on the south bank on the line of longitude 00ºl2’50” east; |
| |
“the landward limit of the port” means a line drawn across the Thames from a stone pillar erected at grid co-ordinates TQ. 16361 71912 on the Surrey Bank by the Port Authority and the Thames Conservators to the nearest point of mean high water mark on the Middlesex Bank; |
| |
“Port Authority” means the Port of London Authority; |
| |
“quay” means any quay, pier, jetty, wharf, landing stairs, shore or other landing or loading place in, on, or alongside the Thames; |
| |
“the seaward limit of the port” means lines drawn from latitude 51°37’00” north, longitude 00°57’19” east (Foulness Point in the county of Essex) to latitude 51°46’05” north, longitude 01°20’32” east (Gunfleet Old Lighthouse) and thence to latitude 51°26’36” north, longitude 01°25’ 30” east and thence to latitude51°24’55” north, longitude 00°54’21” east (Warden Point in the county of Kent); |
| |
“the Thames” shall mean so much of the River Thames as is within the limits specified in Schedule 1 Section 2 of the Port of London Act 1968 as amended, except that it does not include the Medway Approach Area and the areas off Southend on Sea and Sheerness described in Schedule 8 to that Act. |
Top
Revocation
3.
|
The Port of London Dangerous Substances (Petroleum-Spirit and Liquid Methane) Byelaws 1989 are hereby revoked. |
Top
NAVIGATION, BERTHING, MOORING
Notice of intention to navigate
| 4. |
(1) |
Subject to paragraph (3) below, the master of a vessel carrying in bulk either a toxic or flammable substance of Class 2 or, a liquid of Class 3 with a flashpoint of less than 23ºC or, a substance of Class 6.1 or Class 8, shall not start to navigate the vessel within the Thames unless he or the vessel’s agent has given to the harbourmaster notice containing the particulars referred to in paragraph (2) below not less than 24 hours before so starting or, if the vessel is an approved vessel, as much time before so starting (being less than 24 hours, but not less than 30 minutes) as it is reasonably practicable to give. |
| |
(2) |
Any notice required under paragraph (1) above shall contain- |
| |
|
(a) such information as is adequate to evaluate the risk created by the substance to the health and safety of any person; and |
| |
|
(b) the following information, namely:- |
| |
|
|
(i) where the International Maritime Organisation recommends that the vessel should have a certificate of fitness, whether it has a current certificate of fitness; |
| |
|
|
(ii) in the case of a vessel which is an oil tanker required to have valid cargo-ship safety construction and safety equipment certificates under a Safety of Life at Sea Convention, whether it has such valid safety certificates. |
(3)
|
Paragraph (1) above shall not apply where both:-
|
|
(a)
|
the master is navigating the vessel into the Thames from outside the Thames; and
|
|
(b)
|
notice in respect of the substance has been given to the harbourmaster in accordance with regulation 6(1) of the Dangerous Substances in Harbour Areas Regulations 1987.
|
(4)
|
In this byelaw:-
“approved vessel” means a vessel approved in writing by the Port Authority for the conveyance on the Thames of petroleum-spirit or of any other liquid of Class 3 with a flashpoint of less than 23°C or of a substance of Class 6.1 or Class 8.
|
Top
Vessel to remain afloat
5.
|
The master of a vessel in the Thames which is carrying in bulk either a flammable or toxic substance of Class 2, or a liquid of Class 3 with a flashpoint of less than 23°C or a substance of Class 6.1 or Class 8 shall, unless the harbourmaster has otherwise permitted in writing, ensure that the vessel remains afloat at all times.
|
Top
Vessel to be berthed immediately
6.
|
Where a vessel in the Thames east of the Chapman limit is carrying in bulk either a flammable or toxic substance of Class 2 or a liquid of Class 3 with a flashpoint of less than 23° or a substance of Class 6.1 or Class 8, the master of the vessel shall not navigate the vessel westward of the Chapman limit unless he or the vessel’s agent has confirmed to the harbourmaster that the quay at which the vessel is to lie is available so that the vessel can lie there immediately upon arrival.
|
Top
Prohibition of anchoring above Chapman limit
7.
|
Except in an emergency (including the circumstances mentioned in byelaw 11(2) below), the master of a vessel which is carrying in bulk either a flammable or toxic substance of Class 2 or a liquid of Class 3 with a flashpoint of less than 23°C or a substance of Class 6.1 or Class 8, shall not anchor the vessel in the Thames west of the Chapman limit.
|
Top
Restriction on navigation above Coalhouse Point limit
| 8. |
(1)
|
The master of a vessel which is carrying in bulk either a flammable or toxic substance of Class 2 shall not navigate the vessel in the Thames west of the Coalhouse Point limit |
|
|
(a) except in daylight; and |
| |
|
(b) unless the vessel is accompanied by a firefighting tug; |
| |
|
Provided that the master may navigate the vessel otherwise, than in daylight with the permission of the harbourmaster and in accordance with his directions. |
| |
(2) |
In this byelaw-“daylight” means-
(a) from and including 1st October to and including 31st March, the period between sunrise and sunset; and |
| |
|
(b) from and including 1st April to and including 30th September, the period beginning one hour before sunrise and ending one hour after sunset; “firefighting tug” means a tug fitted with firefighting equipment capable of combating fires on vessels, quays and harbour installations. |
Top
Restriction on navigation above Crayfordness limit
9.
|
The master of a vessel which is carrying in bulk either a flammable or toxic substance of Class 2 shall not navigate, anchor or moor the vessel in the Thames west of the Crayfordness limit.
|
Top
Restriction on navigation above Barking Creek limit
10.
|
(1)
|
The master of a vessel (other than an approved vessel) which is carrying in bulk either a liquid of Class 3 with a flashpoint of less than 23°C or a substance of Class 6.1 or Class 8 shall not navigate, anchor or moor the vessel in the Thames west of the Barking Creek limit. |
| |
(2) |
In this bylaw “approved vessel” has the meaning assigned to it by byelaw 4(4) above. |
Top
Navigation in restricted visibility west of Chapman limit
11.
|
(1)
|
The master of a vessel anchored or moored west of the Chapman limit and which:– |
|
|
(a) is carrying in bulk either a flammable or toxic substance of Class 2 or a liquid of Class 3 with a flashpoint of less than 23°C or a substance of Class 6.1 or Class 8; or |
|
|
(b) is carrying the remnants of any such gas, liquid, or other substance which remain after the discharge from a tank which has not subsequently been gas-freed; |
| |
shall not commence the navigation of the vessel in conditions restricting visibility to less than half a nautical mile. |
| |
(2) |
The master of a vessel being navigated west of the Chapman limit and which- |
| |
|
(a) is carrying in bulk either a flammable or toxic substance of Class 2 or a liquid of Class 3 with a flashpoint of less than 23°C or a substance of Class 6.1 or Class 8; or |
| |
|
(b) is carrying the remnants of any such gas, liquid, or other substance which remain after the discharge from a tank which has not subsequently been gas-freed; and |
| |
|
(c) is overtaken by conditions restricting visibility to less than half a nautical mile. |
| |
shall as soon as practicable anchor or moor the vessel in the most convenient position clear of the navigable fairway. |
| |
(3) |
The master of a vessel who has anchored or moored his vessel as required in byelaw 11(2) above shall:- |
| |
|
(a) resume the navigation of the vessel as soon as practicable after the conditions restricting visibility to less than half a nautical mile have cleared or ceased; but |
| |
|
(b) if the vessel is carrying in bulk a flammable or toxic substance of Class 2 above the Coalhouse Point limit and to resume navigation then would mean navigating the vessel otherwise than in daylight, the master shall not resume navigation except with the permission of the harbourmaster and in accordance with his directions. |
| |
(4) |
In this byelaw “conditions”, in relation to the restriction of visibility, means fog, mist, falling snow, heavy rainstorms or any other similar conditions affecting visibility. |
Navigation in restricted visibility east of Chapman limit
12.
|
(1)
|
The master of a vessel which is east of Chapman limit and which:- |
|
|
(a) is carrying in bulk either a flammable or toxic substance of Class 2 or a liquid of Class 3 with a flashpoint of less than 23°C or a substance of Class 6.1 or Class 8; or |
|
|
(b) is carrying the remnants of any such gas, liquid, or other substance which remain after the discharge from a tank which has not subsequently been gas-freed; |
| |
shall not navigate the vessel in conditions restricting visibility to less than half a nautical mile unless the harbourmaster has permitted the vessel to be navigated in those conditions. |
| |
(2) |
In this bylaw “conditions”, in relation to the restriction of visibility, has the meaning assigned to it by byelaw 11(4) above. |
Top
|
THE COMMON SEAL of the Port of London Authority was affixed in my presence on 13 March 1991.
G E ENNALS
Secretary |
The Secretary of State for Transport, after consulting the Health and Safety Commission, hereby confirms the foregoing byelaws.
Signed by authority of the Secretary of State for Transport 27th day of June 1991
M. W. JACKSON
An Assistant Secretary
In the Department of Transport
EXPLANATORY NOTE
(This Note is not part of the byelaws)
These byelaws, which relate to the Thames within the limits of jurisdiction of the Port of London Authority (“PLA”), make provision in respect of the navigation etc. of vessels carrying certain dangerous substances in bulk. The byelaws have been made by the PLA in the exercise of powers conferred on statutory harbour authorities by the DSHA Regulations (viz. The Dangerous substances in Harbour Areas Regulations 1987 (S.I. 1987/37)). The byelaws supersede and revoke the Port of London Dangerous Substances (Petroleum-Spirit and Liquid Methane) Byelaws 1989 (“the 1989 Byelaws”).
The only substances to which the 1989 Byelaws applied were petroleum-spirit and liquid methane. The new byelaws apply to:-
(a)
|
toxic and flammable gases (Class 2);
|
(b)
|
flammable liquids with flash points below 23°C (Class 3);
|
(c)
|
toxic and harmful substances (Class 6.1) and
|
(d)
|
corrosive substances (Class 8).
|
In this note, reference to Classes 2, 3, and 6.1 and 8 are to those Classes in the classification in the DSHA Regulations, Schedule 1. The flash point criterion for Class 3 liquids is based on the flash point for petroleum-spirit (viz below 23°C). The new byelaws thus include, but extend to many more substances than, liquid methane (a flammable gas within Class 2) and petroleum-spirit (a liquid of Class 3 with a flashpoint of less than 23°C).
Byelaws 1 to 3 are introductory. The substantive requirements are in byelaws 4 to 12.
Byelaw 1 provides for the byelaws to come into operation a month after they are confirmed.
Byelaw 2 defines certain expressions used in the byelaws. Where an expression is the same as one used in the 1989 Byelaws, the definition usually follows the one in those byelaws.
Byelaw 3 revokes the 1989 Byelaws.
Byelaw 4 required advance notice to be given to the harbourmaster of intention to navigate in the Thames a vessel carrying a dangerous substance in bulk. The byelaw is to some extent based on regulation 6(1) and (3) of DSHA Regulations which require notice to be given if it is intended to bring a dangerous substance into a harbour area. If the vessel is to be navigated into the Thames from beyond the port limits, compliance with regulation 6(1) will ensure that the harbourmaster has the information he requires, and byelaw 4 will not apply. Byelaw 4 will however apply if the vessel is to be navigated from within the port (whether to another place within the port or to a place outside the port).
Byelaw 5 requires a vessel carrying a dangerous substance in bulk to remain afloat at all times, unless the harbourmaster has otherwise permitted in writing.
Byelaw 6 and the remaining byelaws impose requirements for reference to whether the vessel is above or below one of four specified limits; which are, from east to west:-
(a)
|
the Chapman limit;
|
(b)
|
the Coalhouse Point limit;
|
(c)
|
the Crayfordness limit;
|
(d)
|
the Barking Creek limit.
|
Byelaw 6 applies to a vessel carrying a flammable or toxic substance of Class 2, a liquid of Class 3 with a flashpoint of less than 23°C or a substance of Class 6.1 or Class 8 in bulk east of the Chapman limit. The vessel must not navigate westward of the limit unless the quay at which it is to lie is available so that the vessel can lie there immediately on arrival.
Byelaw 7 applies to a vessel carrying a dangerous substance in bulk west of the Chapman limit. It forbids the vessel to anchor; but the prohibition does not apply in an emergency (including in conditions of restricted visibility in which byelaw 11(2)(a) requires a vessel to anchor or moor).
Byelaw 8 and Byelaw 9 apply only to a vessel carrying in bulk a flammable or toxic gas of Class 2; they do not apply to a vessel carrying any other bulk dangerous substance. Byelaw 8 prohibits the navigation of such a vessel west of Coalhouse Point except in daylight, and the vessel must be accompanied by a firefighting tug. The vessel may however be navigated outside daylight hours if, following the clearing of the conditions restricting visibility, the harbourmaster so permits.
Byelaw 9 applies only to a vessel carrying in bulk a toxic or flammable substance of Class 2. It forbids the vessel to navigate west of Crayfordness.
Byelaw 10 applies to a vessel carrying in bulk a liquid of class 3 with a flashpoint of less than
23°C or a toxic or harmful substance of Class 6.1 or Class 8. (Vessels carrying in bulk a Class 2 substance being already excluded under byelaw 9). It forbids the vessel to navigate west of the Barking Creek limit unless it is an approved vessel (viz. a vessel approved by the PLA for the conveyance on the Thames of any such liquid or other substance). The exception for approved vessels corresponds to the exception for petroleum barges contained in byelaw 8 of the 1989 Byelaws (which itself continued an exception contained in previous petroleum-spirit byelaws).
Byelaw 11 regulates the movement of a vessel carrying a dangerous substance in bulk or non gas-free; from such a substance when visibility is restricted west of the Chapman limit. Paragraph (1) forbids the vessel to commence navigation in conditions reducing visibility to less than half a nautical mile. Paragraph (2) requires a vessel to anchor or moor clear of the navigable fairway if overtaken by such conditions when under way. Paragraph (3) requires the vessel to resume navigation when conditions have cleared, however, paragraph (3) (b) makes the exception that, if the vessel is one to which byelaw 8 applies, (viz. The dangerous substance carried is either a flammable or toxic substance of Class 2, the vessel is anchored or moored west of Coalhouse Point, and resumption of navigation would mean navigating otherwise than in daylight) then the vessel may only resume navigation with the permission of the harbourmaster and in accordance with his directions.
Byelaw 12 applies to the movement of a vessel carrying a dangerous substance in bulk or non gas-free from such a substance when visibility is restricted east of the Chapman limit. It forbids a vessel to navigate unless the harbourmaster has given permission to do so in conditions which reduce visibility to less than half a nautical mile.
Top
Offences
Contravention of a byelaw will be an offence by virtue of section 33(1)(c) of the Health and Safety at Work etc. Act 1974; and, by offence will be liable:-
| (a) |
on summary conviction, to a fine not exceeding the “prescribed sum” within the meaning of the Magistrates Courts Act 1980, section 32 (the amount is presently £2,000, but a different amount may be substituted by order made under section 143(1) of that Act); |
| (b) |
on conviction on indictment, to a fine.
|
In any proceedings for an offence of contravening any of the byelaws, it will be a defence for the person accused to prove that he took all reasonable precautions and exercised all due diligence to avoid the commission of that offence (regulation 45 of the DSHA Regulations).
Top
|
