msn 1767(m) - hour of work, safe manning

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MERCHANT SHIPPING NOTICE MSN 1767 (M) 1 Hours of Work, Safe Manning and Watchkeeping Revised Provisions from 7 September 2002 Application of the Merchant Shipping (Hours of Work) Regulations 2002 and STCW 95 Notice to Shipowners, Companies, Managers, Masters, Deck and Engineering Officers and all seafarers on Merchant Ships With effect from 7 September 2002, this Notice supersedes Merchant Shipping Notice MSN 1682(M) and should be read in conjunction with Merchant Shipping Notice MSN 1758(M), and Marine Guidance Notes MGN 50(M), MGN 137(M+F), and MGN 179 (M) (or subsequent amendments) Summary This Merchant Shipping Notice contains the detailed mandatory requirements specified by the Secretary of State under the Merchant Shipping (Hours of Work) Regulations 2002 which come into force on 7 September 2002, and Regulations 1-5 and 11-18 of the existing Merchant Shipping (Safe Manning, Hours of Work and Watchkeeping) Regulations 1997 1 . It gives guidance on the application of the Regulations. The guidance is in 3 Sections with Annexes: Section 1 - Hours of Work Section 2 - Safe Manning Section 3 - Watchkeeping Key Points Section 1 - The requirements of the new 2002 Regulations: apply to all seafarers (including masters) employed or engaged in any capacity on board a seagoing ship other than fishing vessels, pleasure vessels, offshore installations whilst on their working stations and tugs which do not ordinarily go beyond the limits of categorised waters provide for a minimum of 10 hours rest in any 24 hour period and 77 hours in any 7-day period and 4 weeks annual paid leave require records of hours of rest to be maintained (suggested pro-formas at Annexes A and B) provide for inspection and enforcement by the MCA Sections 2 and 3 of this Notice, which supersedes MSN 1682(M), have been reissued to incorporate editorial amendments, to clarify the manning guidance tables (at Annexes C and D) and to incorporate International Maritime Organization Resolution A21/Res 890 on the Principles of Safe Manning. 1 SI 1997/1320, as amended by SIs 1997/1911 and 2000/484

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Page 1: MSN 1767(M) - Hour of Work, Safe Manning

MERCHANT SHIPPING NOTICE

MSN 1767 (M)

1

Hours of Work, Safe Manning and Watchkeeping Revised Provisions from 7 September 2002Application of the Merchant Shipping (Hours of Work) Regulations 2002 and STCW 95

Notice to Shipowners, Companies, Managers, Masters, Deck and Engineering Officers and allseafarers on Merchant Ships

With effect from 7 September 2002, this Notice supersedes Merchant Shipping Notice MSN 1682(M)and should be read in conjunction with Merchant Shipping Notice MSN 1758(M), and MarineGuidance Notes MGN 50(M), MGN 137(M+F), and MGN 179 (M) (or subsequent amendments)

Summary

This Merchant Shipping Notice contains the detailed mandatory requirements specified by theSecretary of State under the Merchant Shipping (Hours of Work) Regulations 2002 which come intoforce on 7 September 2002, and Regulations 1-5 and 11-18 of the existing Merchant Shipping (SafeManning, Hours of Work and Watchkeeping) Regulations 19971. It gives guidance on theapplication of the Regulations.

The guidance is in 3 Sections with Annexes:

Section 1 - Hours of Work Section 2 - Safe ManningSection 3 - Watchkeeping

Key Points

Section 1 - The requirements of the new 2002 Regulations:

● apply to all seafarers (including masters) employed or engaged in any capacity on board aseagoing ship other than fishing vessels, pleasure vessels, offshore installations whilst on theirworking stations and tugs which do not ordinarily go beyond the limits of categorised waters

● provide for a minimum of 10 hours rest in any 24 hour period and 77 hours in any 7-dayperiod and 4 weeks annual paid leave

● require records of hours of rest to be maintained (suggested pro-formas at Annexes A and B)

● provide for inspection and enforcement by the MCA

Sections 2 and 3 of this Notice, which supersedes MSN 1682(M), have been reissued to incorporateeditorial amendments, to clarify the manning guidance tables (at Annexes C and D) and toincorporate International Maritime Organization Resolution A21/Res 890 on the Principles of SafeManning.

1 SI 1997/1320, as amended by SIs 1997/1911 and 2000/484

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SECTION 1 - HOURS OF WORK

1.0 Introduction

1.1 The Merchant Shipping (Hours of Work)Regulations 2002, (referred to in Section 1 ofthis Notice as “the Regulations”) whichcome into force on 1 September 2002, revokeRegulations 6 to 10 of the Merchant Shipping(Safe Manning, Hours of Work andWatchkeeping) Regulations 1997, asamended, and replace them with provisionson hours of work and annual leave whichimplement the Annex (the Social Partners’Agreement) to Council Directive1999/63/EC of 21 June 1999 (the MaritimeWorking Time Directive). The requirementsof clause 13 of the Annex, relating to medicalcertification, are implemented separately inthe new Merchant Shipping (MedicalExamination) Regulations 2002.

1.2 The Regulations also implement CouncilDirective 1999/95/EC concerning inspectionand enforcement and provide for penaltiesin the event of non-compliance.

1.3 Regulations 1-5 and 11-18 of the 1997Regulations remain extant and details ofrequirements are given in Sections 2 and 3 ofthis Notice.

2.0 Application

2.1 The requirements of the EU Directive applyto:

seafarers employed or engaged in anycapacity on board every seagoing ship,whether publicly or privately owned, whichis registered in the territory of any MemberState and is ordinarily engaged incommercial maritime operations.

For the purposes of these Regulations, theterms a) “seafarer”, b) “seagoing ship” andc) “commercial maritime operations” areconsidered below, in paragraphs 2.2-2.4.

2.1.1 The requirements of theseRegulations do not apply to seafarersemployed or engaged on fishingvessels, offshore installations whilst

on their working stations and tugswhich do not ordinarily go beyondthe limits of categorised waters, asdefined in Merchant Shipping NoticeMSN 1758 (M).

2.2 Seafarer

2.2.1 A seafarer is a person employed orengaged in any capacity on board aseagoing ship on the business of theship. This is taken to mean a personemployed either directly by ashipping company or through amanning agency, whose usual placeof work is on board a seagoing ship,and includes masters, crew members,resident entertainers and franchiseemployees on passenger ships.Boatmaster’s licence holdersoperating on seagoing passengervessels (carrying more than 12passengers) are also covered.

2.2.2 The Regulations will not be taken toapply to those whose normal place ofwork is ashore but who are workingon a seagoing ship on a temporary orshort term basis eg fitters, guestlecturers and entertainers, researchscientists, riding crews, trainees andvolunteers on sail training ships whoare not carrying out safety-criticalroles (see para 2.4.2 below), providedsuch workers are covered by therequirements of the Working TimeRegulations 19982

2.3 Seagoing Ship

2.3.1 For the purpose of these Regulationsa seagoing ship is one which iscertificated under Merchant Shippinglegislation for navigation at sea.

2.3.2 Vessels certificated under MCACodes of Practice in terms of theMerchant Shipping (Vessels inCommercial Use for Sport orPleasure) Regulations 19983, arecovered by the separate provisions ofthose Regulations and the Codes towhich they refer.

2

2 SI 1998/18333 SI 1998/2771

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2.4 Commercial Maritime Operations

2.4.1 All vessels engaged in trade, carryingcargo or fare-paying passengers arecovered, as are sail training vessels.Government ships such as thoseoperated by the Royal Fleet Auxiliary,which are not ordinarily engaged incommercial maritime operations, arenot covered by the Regulations.

Sail Training Vessels

2.4.2 - For the purposes of the Regulations,“seafarers” on sail training vesselsincludes all contracted crew (or thoselisted on the Safe ManningDocument, if applicable) and anyperson in charge of a navigational orengineering watch and/or with asafety-critical role. These seafarerswill sign on the crew agreement.Volunteers and trainees who have nosafety-critical responsibilities are notcovered by the Regulations.

2.4.3 The Owner/Operator of a sailtraining vessel should make adeclaration of the minimum manningrequirement for contract crew, forapproval by the Seafarers’ Trainingand Certification Branch of the MCA(unless the vessel is already coveredby a Safe Manning Document).

2.5 Definition of Hours of Work

2.5.1 For the purposes of the Regulations,hours of work are when seafarers arerequired to do work on the businessof the ship.

2.5.2 On-Call Time - The Regulationsprovide that a seafarer whose normalperiod of rest on board ship isdisturbed by a call-out, should haveadequate compensatory rest. This isintended to cover situations such aswhen a seafarer, having set thealarms in an unattended machineryspace, retires to his bunk but has hisrest disturbed by a call-out to work.In such circumstances the seafarer isentitled to compensatory rest to makeup for the rest time lost because hewas called out to work.

3.0 General Duties (Regulation 4)

3.1 The Regulations require that any company(defined as the owner or any other person ororganisation, such as the manager orbareboat charterer who has assumedresponsibility for the ship from the owner),and the master must ensure that seafarersare provided with at least the minimumhours of rest. This will include the managersof franchises, who are responsible for thepersonnel working for the franchise, and anyother employer of a seafarer working onboard the vessel.

3.2 It is the responsibility of all seafarers toensure that they are properly rested whenthey begin duty on a ship and that theyobtain adequate rest when not on duty.

4.0 Minimum Hours of Rest (Regulation 5)

4.1 The hours of rest shall be not less than:

a) 10 hours in any 24-hour period; and

b) 77 hours in any 7-day period.

Note: Hours of rest may be divided into no morethan 2 periods, one of which should be at least 6hours long, and the interval in between shouldnot exceed 14 hours.

4.2 It is expected that employers and employeeswill reach agreement on the arrangementsfor conducting emergency drills such asmusters, fire-fighting and lifeboat drills, in away which minimises the disturbance to restperiods and provides compensatory rest forseafarers whose normal rest is disturbed bycall-outs for drills.

Exceptions to the Limits on Hours of Rest(Regulation 6)

4.3 Exceptions to the limits on the hours of restmay be allowed (Regulation 6) provided thatthey are the result of an agreement betweenemployers and seafarers and have dueregard to the general principles of health andsafety of workers. Agreements can be madeby “collective agreement” (between theemployer and an independent trade union)or “workforce agreement” (Schedule 1 tothe Regulations). Exceptions may takeaccount of more frequent or longer leaveperiods or the granting of compensatory

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leave for watchkeeping seafarers or seafarersworking on board ships on short voyages.

4.4 A workforce agreement is made with electedrepresentatives of the workforce in mostcases (see below.) It can apply to the wholeworkforce or to a group of workers. To bevalid, a workforce agreement must :

- be in writing;

- have been circulated in draft to all workersto whom it applies together with guidanceto assist their understanding of it;

- be signed before it comes into effect either:

- by all the representatives of themembers of the workforce or group ofworkers; or,

- if there are 20 or fewer employed by acompany, either by all representatives ofa workforce or by a majority of theworkforce

- have effect for a specified period of nomore than five years.

4.5 Applications for authorisation of exceptionsshould be made in writing to any MCAMarine Office (listed at Annex E).

5.0 Posting-up of Table of Duties (Regulation 7)

5.1 Companies should ensure that a table orschedule of duties is produced setting outthe hours of work and rest periods. The tableshould be in the same format as Annex A(i)to this Notice or in a format substantiallylike it. The table must be in English and inthe working language of the ship, if that isnot English, and should specify for everyposition at least:

● the daily schedule of duties at sea andduties in port; and

● the daily minimum hours of rest asrequired by the Regulations (see para 4.1above) or any collective or workforceagreements in force.

In devising the schedule, operators shouldtake account of factors such as:

a) trade and type of operation;

b) type and size of ship;

c) construction and technical equipment ofthe ship;

d) manning levels and changes in crewnumbers due to crew changes andsickness;

e) the maximum period of continuouswatchkeeping;

f) minimum rest periods;

g) total workload;

h) the seriousness of irregular workinghours and their contribution to causingfatigue and the importance of schedulingreasonably stable working hours over avoyage.

5.2 Changes should not be made to the scheduleof duties unless they can be justified bysubstantially altered work patterns madenecessary, for example, by a change intrading pattern or other significant factor.Where it is known that a ship engages in anirregular trading pattern or that workinghours are unlikely to be uniform, this can betaken into account and recorded in theschedule.

5.3 It is not necessary to draw up a newschedule of duties for each voyage, so longas it is applicable to the voyage in questionand the composition of the crew for whom itwas originally intended has not changed.

5.4 It is the responsibility of the master orauthorised person to post up the table in aprominent and easily accessible place in theship. Where there is more than one table, themaster is responsible for ensuring that alltables are posted in a suitable place.

5.5 When first drawing up a schedule of dutiesfor a ship, companies should seek the viewsof the master, who should in turn seek theviews of the officers, the ship’s safetycommittee, or the seafarers or theirrepresentatives or a trade union asappropriate. The final decision on theschedule lies with the operator who will beresponsible for ensuring that it isappropriate in relation to the safety of theship and the performance of duties.

6.0 Exceptions for Emergencies (Regulation 8)

6.1 The Regulations recognise that situationsmay arise in which a seafarer may berequired to work during scheduled hours ofrest. These include emergencies whichthreaten the safety of the ship or the cargo or

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put life at risk. In these circumstances, thelimits may be exceeded providedcompensatory arrangements are made toavoid fatigue.

7.0 Records (Regulation 9)

7.1 The master or authorised person isresponsible for ensuring that records ofhours of rest are maintained for eachseafarer serving on the ship. The recordsshould be completed monthly in arrears andthese should be in the format at Annex B tothis Notice or an equivalent format showingat least this information. Each record shouldbe endorsed by the master or authorisedperson and the seafarer. A copy should begiven to the seafarer.

7.2 In an emergency or when unforeseen eventsoccur (as described in paragraph 6 above),changes may be unavoidable. In these casesrecords should reflect all deviations from theschedule.

7.3 All records should be kept for a minimum ofone year and should be available forinspection by MCA surveyors at any time. Ifduring the year, a company ceases tooperate, the duty to retain the recordsremains with that company.

7.4 Checking the ship’s documentation will becarried out by the MCA as part of the normalroutine of vessel inspection and will includea check that the appropriate schedules areposted and records maintained. Followingexamination, the records will be endorsed aspart of the process.

8.0 Night Workers (Regulation 10)

8.1 The definition of “night” relates to a periodof 9 consecutive hours including the periodbetween midnight and 5 am. Although theRegulations are expressed in “local” time, itis recognised that “ship’s time” may bedifferent when a vessel is at sea.

9.0 Young Persons (Regulation 5(5) andSchedule 2, paragraphs 1 and 4)

9.1 The Regulations prohibit the employment ona ship of any young person under the age of16 by amending section 55 of the MerchantShipping Act 1995. This supersedes theprovision in section 55 which prohibits the

employment of anyone under school leavingage.

9.2 The requirements of the Regulations do notoverride any of the provisions relating toyoung persons in the existing MerchantShipping health and safety legislationrelating to the employment of youngpersons.

10.0 Annual Leave (Regulation 12)

10.1 For the purposes of these Regulations, aseafarer is entitled in each leave year to aperiod of leave of at least four weeks, forwhich he is entitled to be paid at the rate of aweek’s pay in respect of each week of leave.It is considered that this entitlement toannual leave will be separate from, and inaddition to, periods of rest andcompensatory leave which seafarers receiveas part of their working arrangements.However, it is for employers and seafarers todecide on the details of how this entitlementis to be provided by negotiation andarrangement between themselves.

10.2 Annual leave may be taken in instalmentsbut may not be replaced by a payment inlieu except where the seafarer’s employmentis terminated.

11.0 Enforcement Provisions (Regulations 14-20)

11.1 Council Directive 1999/95/EC concerningenforcement provisions is also implementedin these Regulations. Compliance with therequirements of Regulations 4, 7 and 9 willbe checked as part of the MCA’s inspectionregime. Inspection may also be triggered bya complaint from a person or body with alegitimate interest in the health and safety ofthe crew. In such cases the identity of thecomplainant will remain confidential.

11.2 Inspection will include a check thatschedules of duties are posted up and thatrecords of work and rest periods are beingmaintained. If an inspector has grounds forbelieving that seafarers may be undulyfatigued he will check in more detail that thehours of rest recorded conform to thestandards and that they have actually beenobserved. If the evidence indicates thatmanning levels are so low that the schedulescannot be observed, the MCA will requirethat manning levels are adjusted so that the

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vessel can be operated safely within thehours available. Where conditions are clearlyhazardous to safety or health, the ship maybe detained.

SECTION 2 - SAFE MANNING

12.0 Introduction

12.1 The Merchant Shipping (Safe Manning,Hours of Work and Watchkeeping)Regulations 1997, place responsibilities oncompanies owning or operating UKregistered seagoing ships and other shipswhilst in UK national waters, to ensure thattheir vessels are manned with personnel ofappropriate grades who have been properlytrained and certificated. The numbers ofcertificated officers, and certificated andnon-certificated ratings must be sufficient toensure safe and efficient operation of theship at all times.

13.0 Responsibilities of Owners and Operators :General Principles

13.1 In fulfilling their responsibility to ensure thatships are safely and sufficiently manned,owners and operators should :

.1 make an assessment of the tasks, dutiesand responsibilities of the ship’scomplement required for its safeoperation, for the protection of themarine environment and dealing withemergency situations;

.2 assess the numbers and grades/capacitiesin the ship’s complement required for thesafe operation and for the protection ofthe environment, and for dealing withemergency situations, including theevacuation of passengers whereapplicable;

.4 ensure that the manning level is adequateat all times and in all respects, includingmeeting peak workloads and is inaccordance with the principles containedin this MSN;

.5 in case of changes in trading area(s),operations, construction, machinery,equipment or operation and maintenance

of the ship, which may affect themanning level, review the manning level.

13.2 In conjunction with these factors the owneror operator should: -

.1 identify all the functions to beundertaken on board during arepresentative voyage or operationalperiod, including determination of thenumber of personnel required toundertake the relevant tasks and dutiesunder both peak and routine work loadconditions;

.2 identify those functions that constitute anormal operation and determine thenumbers of personnel required toundertake the concurrent tasks andduties safely;

.3 identify the skills and experiencerequired to perform those functions;

.4 establish working arrangements to ensurethat the master and crew are capable ofundertaking concurrent and continuingoperations at the appropriate level(s) ofresponsibility, as specified, with respectto their skills and training; and

.5 ensure that the working arrangementsallow for sufficient rest periods to avoidfatigue and to comply with the Hours ofWork Regulations 2002.

13.3 In applying these principles, proper accountshould be taken of the InternationalMaritime Organization (IMO), InternationalLabour Organization (ILO), InternationalTrade Union (ITU), World HealthOrganization (WHO) and European Union(EU) instruments with respect to:

.1 watchkeeping;

.2 hours of work or rest;

.3 safety management;

.4 certification of seafarers;

.5 training of seafarers;

.6 occupational health and hygiene;

.7 crew accommodation.

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14.0 Establishing Safe Manning Requirements

14.1 Specific factors to be taken into account indetermining the safe manning level include :

.1 frequency of port calls, length and natureof the voyage;

.2 trading area(s), waters and type ofoperations in which the ship or vessel isinvolved and any special requirements ofthe trade or operation;

.3 number, size (kW) and type of mainpropulsion units and auxiliaries;

.4 size, type of ship, and layout;

.5 construction and equipment of ship;

.6 cargo to be carried or operationalrequirements;

.7 method of maintenance;

.8 extent to which training activities areconducted on board; and

.9 how the proposed complement will dealwith various emergency situations thatmay arise;

.10 navigational duties and responsibilities asrequired by STCW 95 including thefollowing:

.1 plan and conduct safe navigation;

.2 maintain a safe navigational watch;

.3 manoeuvre and handle the ship in allconditions and during all operations;

.4 safely moor and unmoor the ship;and

.5 maintain safety whilst in port.

.11 Cargo handling and stowage:

.1 plan and monitor the safe loading,stowage, securing, carriage andunloading of cargo.

.12 Ship specific operations:

.1 the nature and duration of theoperation(s) the ship undertakes andlocal environmental conditions.

.13 Ship operations and care for personsonboard, and maintaining life-saving,fire-fighting and other safety systems inoperational condition:

.1 maintain the safety and security ofall persons on board and keep lifesaving, fire fighting and other safetysystems in operational condition,including the ability to muster anddisembark passengers and non-essential personnel;

.2 operate and maintain watertightclosing arrangements;

.3 perform operations necessary toprotect the marine environment;

.4 provide medical care on board;

.5 undertake administrative tasksrequired for the safe operation of theship; and

.6 participate in mandatory safety drillsand exercises.

.14 Marine engineering tasks and duties:

.1 operate and monitor the ship’s mainpropulsion and auxiliary machinery;

.2 maintain a safe engineering watch;

.3 manage and perform fuel and ballastoperations; and

.4 maintain ship’s engine equipment,system and services.

.15 Electrical, electronic and controlengineering duties:

.1 operate ship’s electrical andelectronic equipment; and

2 maintain ship’s electric andelectronic systems.

.16 Radio communications:

.1 transmit and receive informationusing ship communicationequipment;

.2 maintain safe radio watch;

.3 provide communications inemergencies.

.17 Maintenance and repair:

.1 carry out maintenance and repairwork to the ship and its machinery,equipment and systems, asappropriate to the method ofmaintenance and the repair systemused.

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14.2 In addition, the level of safe manning shouldalso take into consideration:

.1 the management of safety functions of aship underway, not underway oroperating in near stationary mode;

.2 except in ships of limited size, theprovision of qualified deck officers toensure that is not necessary for the masterto keep regular watches by adopting athree watch system;

.3 except in ships of limited propulsionpower or operating under provisions forunattended machinery spaces, theprovision of qualified engineeringofficers to ensure that it is not necessaryfor the chief engineer to keep regularwatches by adopting a three watchsystem;

.4 the maintenance of applicableoccupational health and hygienestandards on board; and

.5 the provision of proper food anddrinking water for all persons on board.

15.0 Guidance on Appropriate Manning Levels

15.1 In determining what constitutes a minimumsafe manning level, useful guidance mayalso be obtained by use of risk and hazardmanagement tools such as formal safetyassessment.

15.2 The minimum safe manning levels referredto in this Notice are those required for allreasonably foreseeable circumstances andworking conditions to permit the safeoperation of the ship under normaloperational conditions.

15.3 The tables at Annexes C and D provideguidance on the numbers of certificated deckand engineer officers appropriate to differentsizes of ships, tonnages and trading areas.As the watchkeeping arrangements for theengineering department and the demandsplaced on personnel vary significantlyaccording to the level of automation, thesetables only provide guidance; owners andoperators must take all relevant factors intoaccount before finalising their manningproposals.

15.4 The number of ratings required will bedetermined by the factors summarised inparagraphs 13 and 14 above.

16.0 Nationality Restrictions

16.1 The Merchant Shipping (Officer Nationality)Regulations 19954 do not permit foreignnationals (other than Commonwealthcitizens, EEA nationals, or a national of aState other than an EEA State which is amember of the North Atlantic TreatyOrganization) to serve as master of astrategic ship. This is defined as a UK ship of500 gt or more which is a cruise ship, aproduct tanker or a ro-ro ship. There are noother nationality restrictions applying to themanning of UK registered ships.

17.0 Consultation on Safe Manning Levels

17.1 Owners and operators should consult withthe master, seafarers’ representatives and theMCA (where appropriate) on their proposedmanning levels. Once agreed, a record of theconsultation process should be retained bythe owner or operator, together with arecord of the agreed manning level.

17.2 If agreement cannot be reached between theowners or operator and master, andseafarers or seafarers’ representativesregarding manning levels, the MCA willconsider the views put forward and, ifappropriate, require the manning levels to berevised. When disagreement occurs, it maybe necessary to arrange a practicaldemonstration of the crew’s ability to carryout the essential tasks in the context of theprinciples of safe manning.

17.3 The manning level need not be reviewed foreach voyage or operational cycle provided itis applicable to the voyage or cycle inquestion and the composition of the crew forwhom it was originally intended has notchanged.

17.4 Changes should not be made to the manninglevel unless they can be justified bysubstantially altered work patterns madenecessary, for example, by a change intrading pattern, operation or othersignificant factor. Where a vessel is known to

4 SI 1995/1427

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engage in an irregular trading pattern orhave working hours that are unlikely to beuniform, this should be taken into accountwhen considering the manning level.

17.5 Once agreed, the owner or operator shouldensure the safe manning level is maintainedand that ship operations are in compliancewith the Merchant Shipping (Hours ofWork) Regulations 2002.

18.0 Safe Manning Document

18.1 The Merchant Shipping (Safe Manning,Hours of Work and Watchkeeping)Regulations 1997 require owners oroperators of all UK seagoing vessels of 500 gtor more to obtain and carry a Safe ManningDocument specifying the minimum manninglevels. Owners and operators of ships below500gt may also choose to hold a SafeManning Document.

19.0 Application for a Safe Manning Document

19.1 Any application for a Safe ManningDocument should be made by the owner, ora person authorised to act on their behalf, onform MSF 4227 (or subsequent amendedform), which can be obtained from any MCAMarine Office or the Seafarers’ Training andCertification Branch. All applications,together with the appropriate fee, should besent to the Seafarers’ Training andCertification Branch at the address on theform.

19.2 When applying to the MCA for a SafeManning Document, owners or operatorsshould submit a clear and conciseexplanation of: -

1 how the proposed manning level hasbeen determined;

2 how it takes account of the guidance ofthis Notice; and

3 how it takes account of the hours of workprovisions in the Regulations.

20.0 Approval of a Safe Manning Document bythe MCA

20.1 A proposal will only be approved and a SafeManning Document issued provided themanning level fully satisfies the principles,recommendations and guidelines outlined inthis Notice. The MCA may require an owneror operator to amend a proposal if, afterevaluation, the proposal is consideredinadequate.

20.2 When the MCA has agreed a proposalregarding manning of a particular ship, aSafe Manning Document will be issued forthat ship in a format which complies withthe requirements of SOLAS, as amended. Itshould be retained on board and be availablefor inspection by an authorised person,whenever required.

20.3 In the event of any change in equipment,construction or use of the ship, which mayaffect the safe manning level, the owner oroperator should make an application for theissue of a new Safe Manning Document.

20.4 A Safe Manning Document of a ship may bewithdrawn if an owner or operator fails tosubmit a new proposal where a ship changestrading area(s), construction, machinery orequipment, or operation and/or method ofmaintenance have changed, or a shippersistently fails to comply with the resthours requirements.

SECTION 3 - WATCHKEEPING

21.0 General

21.1 The principles applying to the keeping of asafe watch are given in Chapter A-VIII of theSTCW Code5 and must be followed in orderto comply with the Regulations.

21.2 The Regulations require the master of anyship to be responsible for the overall safetyof the ship. He must also ensure that thewatchkeeping arrangements are adequatefor maintaining safe navigational watches at

5 Available from the Publications Department, International Maritime Organization, 4 Albert Embankment, London SE1 7SR

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all times, including the provision of alookout as required by the InternationalRegulations for the Prevention of Collisionsat Sea 1972, as amended. Masters, ownersand operators are reminded that the UKdoes not consider it safe for the officer of thenavigational watch to act as sole look-outduring periods of darkness or restrictedvisibility.

21.3 The chief engineer officer of any ship isresponsible to the master for ensuring thatarrangements are adequate at all times formaintaining a safe engineering watch.

22.0 Further Information

22.1 Any queries relating to this Notice should beaddressed to the MCA at :

● Seafarer Health and Safety Branch (forenquiries in relation to Section 1 onHours of Work)

Tel 02380 329216Fax 02380 329251Email: seafarer_H&[email protected]

or

● Seafarers’ Training and CertificationBranch (for enquiries in relation toSection 2 on Safe Manning and Section 3,on Watchkeeping)

Tel 02380 329231Fax 02380 329252Email: [email protected]

Maritime and Coastguard Agency Spring Place105 Commercial RoadSouthampton S015 1EG

September 2002

File Reference MC 110/13/6

Safer Lives, Safer Ships, Cleaner SeasAn executive agency of the Department for Transport

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ANNEX A(i)

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issu

ed i

n co

nfor

mit

y w

ith

ILO

’s S

eafa

rer’

s H

ours

of

Wor

k an

d t

he M

anni

ng o

f Sh

ips

Con

vent

ion

1996

(N

o 18

0) a

nd w

ith

any

appl

icab

le c

olle

ctiv

eag

reem

ent r

egis

tere

d o

r au

thor

ised

in a

ccor

dan

ce w

ith

that

Con

vent

ion

and

wit

h th

e In

tern

atio

nal C

onve

ntio

n on

Sta

ndar

ds

of T

rain

ing,

Cer

tifi

cati

onan

d W

atch

keep

ing

for

Seaf

arer

s 19

78, a

s am

end

ed, (

STC

W 9

5) (2 )

.

Min

imum

hou

rs o

f res

t: __

____

____

____

____

____

____

____

____

____

____

____

____

____

____

____

____

____

____

Oth

er r

equi

rem

ents

: ___

____

____

____

____

____

____

____

____

____

____

____

____

____

____

____

____

____

____

____

____

____

____

____

____

____

__

Posi

tion

/ra

nk (3 )

Sche

dul

ed d

aily

wor

k ho

urs

at s

eaSc

hed

uled

dai

ly w

ork

hour

s in

por

tC

omm

ents

Tot

al d

aily

res

t hou

rs

Wat

chke

epin

gN

on-w

atch

keep

ing

Wat

chke

epin

gN

on-w

atch

keep

ing

At s

eaIn

por

ts(f

rom

–to)

dut

ies

(fro

m–t

o)d

utie

s(f

rom

–to)

(4 )(f

rom

–to)

Sign

atur

e of

mas

ter:

___

____

____

____

____

____

____

____

____

____

____

___

(1 )T

he te

rms

used

in th

is m

odel

tabl

e ar

e to

app

ear

in th

e w

orki

ng la

ngua

ge o

r la

ngua

ges

of th

e sh

ip a

nd in

Eng

lish.

(2 )Se

e ov

erle

af fo

r se

lect

ed e

xtra

cts

from

ILO

Con

vent

ion

No

180

and

the

STC

W C

onve

ntio

n..

(3 )Fo

r th

ose

posi

tion

s/ra

nks

that

are

als

o lis

ted

in th

e sh

ip’s

saf

e m

anni

ng d

ocum

ent,

the

term

inol

ogy

used

sho

uld

be

the

sam

e as

in th

at d

ocum

ent.

(4 )Fo

r w

atch

keep

ing

pers

onne

l, th

e co

mm

ent s

ecti

on m

ay b

e us

ed to

ind

icat

e th

e an

tici

pate

d n

umbe

r of

hou

rs to

be

dev

oted

to u

nsch

edul

ed w

ork

and

any

suc

h ho

urs

shou

ld b

e in

clud

ed in

the

appr

opri

ate

tota

l dai

ly w

ork

hour

s

Page 12: MSN 1767(M) - Hour of Work, Safe Manning

12

SE

LE

CT

ED

TE

XT

S F

RO

M I

LO

CO

NV

EN

TIO

N N

o 18

0 A

ND

TH

E S

TC

W C

ON

VE

NT

ION

ILO

Con

ven

tion

No

180

Art

icle

5

1.T

he li

mit

s on

hou

rs o

f w

ork

or r

est

shal

l be

as f

ollo

ws:

(a)

max

imum

hou

rs o

f w

ork

shal

l not

exc

eed

: (i)

14

hour

s in

any

24-

hour

per

iod

; and

(ii)

72

hour

s in

any

sev

en-d

ay p

erio

d, o

r(b

) min

imum

hou

rs o

f res

t sha

ll no

t be

less

than

: (i)

10

hour

s in

any

24-

hour

per

iod

, and

(ii)

77

hour

s in

any

sev

en-d

ay p

erio

d.

2.H

ours

of r

est m

ay b

e d

ivid

ed in

to n

o m

ore

than

two

peri

ods,

one

of w

hich

sha

ll be

at l

east

six

hou

rs in

leng

th, a

nd th

e in

terv

al b

etw

een

cons

ecut

ive

peri

ods

of r

est s

hall

not e

xcee

d 1

4ho

urs.

6.N

othi

ng i

n pa

ragr

aphs

1 a

nd 2

sha

ll pr

even

t th

e M

embe

r fr

om h

avin

g na

tion

al l

aws

or r

egul

atio

ns o

r a

proc

edur

e fo

r th

e co

mpe

tent

aut

hori

ty t

o au

thor

ise

or r

egis

ter

colle

ctiv

eag

reem

ents

per

mit

ting

exc

epti

ons

to t

he l

imit

s se

t ou

t. Su

ch e

xcep

tion

s sh

all,

as f

ar a

s po

ssib

le, f

ollo

w t

he s

tand

ard

s se

t ou

t bu

t m

ay t

ake

acco

unt

of m

ore

freq

uent

or

long

er l

eave

peri

ods

or th

e gr

anti

ng o

f com

pens

ator

y le

ave

for

wat

chke

epin

g se

afar

ers

or s

eafa

rers

wor

king

on

boar

d s

hips

on

shor

t voy

ages

.

Art

icle

7

1.N

othi

ng in

thi

s C

onve

ntio

n sh

all b

e d

eem

ed t

o im

pair

the

rig

ht o

f a

mas

ter

of t

he s

hip

to r

equi

re a

sea

fare

r to

per

form

any

hou

rs o

f w

ork

nece

ssar

y fo

r th

e im

med

iate

saf

ety

of t

hesh

ip, p

erso

ns o

n bo

ard

or

carg

o, o

r fo

r th

e pu

rpos

e of

giv

ing

assi

stan

ce to

oth

er s

hips

or

pers

ons

in d

istr

ess

at s

ea.

3.A

s so

on a

s pr

acti

cabl

e af

ter

the

norm

al s

itua

tion

has

bee

n re

stor

ed, t

he m

aste

r sh

all e

nsur

e th

at a

ny s

eafa

rers

who

hav

e pe

rfor

med

wor

k in

a s

ched

uled

res

t per

iod

are

pro

vid

ed w

ith

an a

deq

uate

per

iod

of r

est.

ST

CW

Con

ven

tion

(ST

CW

95)

Sect

ion

A-V

III/

1 of

the

STC

W C

ode

(Man

dato

ry)

1.A

ll pe

rson

s w

ho a

re a

ssig

ned

dut

y as

off

icer

in c

harg

e of

a w

atch

or

seaf

arer

on

wat

ch s

hall

be p

rovi

ded

wit

h a

min

imum

of 1

0 ho

urs’

res

t in

any

24 h

our-

peri

od.

2.T

he h

ours

of r

est m

ay b

e d

ivid

ed in

to n

o m

ore

than

two

peri

ods,

one

of w

hich

sha

ll be

at l

east

six

hou

rs in

leng

th.

3.T

he r

equi

rem

ents

for

rest

per

iod

s la

id d

own

in p

arag

raph

s 1

and

2 n

eed

not

be

mai

ntai

ned

in th

e ca

se o

f an

emer

genc

y or

dri

ll or

in o

ther

ove

rrid

ing

oper

atio

nal c

ond

itio

ns.

4.N

otw

iths

tand

ing

the

prov

isio

ns o

f pa

ragr

aphs

1 a

nd 2

, the

min

imum

per

iod

of

10 h

ours

may

be

red

uced

to

not

less

tha

n 6

cons

ecut

ive

hour

s pr

ovid

ed t

hat

any

such

red

ucti

on s

hall

not e

xten

d b

eyon

d tw

o d

ays

and

not

less

than

70

hour

s of

res

t are

pro

vid

ed e

ach

seve

n-d

ay p

erio

d.

5.A

dm

inis

trat

ions

sha

ll re

quir

e th

at w

atch

sch

edul

es b

e po

sted

whe

re th

ey a

re e

asily

acc

essi

ble.

Sect

ion

B-V

III/

1 of

the

STC

W C

ode

(Gui

danc

e)

3.In

app

lyin

g R

egul

atio

n V

III/

1, th

e fo

llow

ing

shou

ld b

e ta

ken

into

acc

ount

:

1.pr

ovis

ions

mad

e to

pre

vent

fati

gue

shou

ld e

nsur

e th

at e

xces

sive

or

unre

ason

able

ove

rall

wor

king

hou

rs a

re n

ot u

nder

take

n. In

par

ticu

lar,

the

min

imum

res

t per

iod

s sp

ecif

ied

inSe

ctio

n A

-VII

I/1

shou

ld n

ot b

e in

terp

rete

d a

s im

plyi

ng th

at a

ll ot

her

hour

s m

ay b

e d

evot

ed to

wat

chke

epin

g or

oth

er d

utie

s;

2.th

at th

e fr

eque

ncy

and

leng

th o

f lea

ve p

erio

ds,

and

the

gran

ting

of c

ompe

nsat

ory

leav

e, a

re m

ater

ial f

acto

rs in

pre

vent

ing

fatig

ue fr

om b

uild

ing

up o

ver

a pe

riod

of t

ime;

3.th

e pr

ovis

ion

may

be

vari

ed fo

r sh

ips

on s

hort

sea

voy

ages

, pro

vid

ed s

peci

al s

afet

y ar

rang

emen

ts a

re p

ut in

pla

ce.

ANNEX A(ii)

Page 13: MSN 1767(M) - Hour of Work, Safe Manning

13

ANNEX B(i)

MO

DE

L F

OR

MA

T F

OR

RE

CO

RD

OF

HO

UR

S O

F R

ES

T O

F S

EA

FAR

ER

S (1 )

Nam

e of

Shi

p: _

____

____

____

____

____

____

____

____

__IM

O n

umbe

r (i

f any

): __

____

____

____

___

Flag

of S

hip:

___

____

____

____

____

___

Seaf

arer

(ful

l nam

e): _

____

____

____

____

____

____

____

____

____

____

____

____

____

____

____

____

___

Posi

tion

/ra

nk: _

____

____

____

____

___

Mon

th a

nd y

ear:

___

____

____

____

____

____

____

____

__W

atch

keep

er (2 )

:ye

sno

Rec

ord

of

hou

rs o

f re

stPl

ease

mar

k pe

riod

s of

res

t, as

app

licab

le, w

ith

X, o

r us

ing

a co

ntin

uous

line

or

arro

w.

CO

MP

LE

TE

TH

ET

AB

LE

ON

TH

ER

EV

ER

SE

SID

E

The

follo

win

g na

tion

al la

ws,

reg

ulat

ions

and

/or

col

lect

ive

agre

emen

ts g

over

ning

lim

itat

ions

on

min

imum

res

t per

iod

s ap

ply

to th

is s

hip:

T

he M

erch

ant S

hipp

ing

(Hou

rs o

f Wor

k ) R

egul

atio

ns 2

002,

___

____

____

____

____

____

____

____

____

____

____

____

____

____

____

____

____

____

____

____

I agr

ee th

at th

is r

ecor

d is

an

accu

rate

ref

lect

ion

of th

e ho

urs

of r

est o

f the

sea

fare

r co

ncer

ned

.

Nam

e of

mas

ter

or p

erso

n au

thor

ised

by

mas

ter

to s

ign

this

rec

ord

: ___

____

____

____

____

____

____

____

____

____

____

__

Sign

atur

e of

mas

ter

or a

utho

rise

d p

erso

n: _

____

____

____

____

____

____

___

Sign

atur

e of

sea

fare

r: _

____

____

____

____

____

___

A c

opy

of th

is r

ecor

d is

to b

e gi

ven

to th

e se

afar

er.

Thi

s fo

rm is

sub

ject

to e

xam

inat

ion

and

end

orse

men

tun

der

pro

ced

ures

est

ablis

hed

by

the

UK

Mar

itim

e an

d C

oast

guar

d A

genc

y

(1 )T

he te

rms

used

in th

is m

odel

tabl

e ar

e to

app

ear

in th

e w

orki

ng la

ngua

ge o

r la

ngua

ges

of th

e sh

ip a

nd in

Eng

lish.

(2 )T

ick

as a

ppro

pria

te.

Page 14: MSN 1767(M) - Hour of Work, Safe Manning

14

ANNEX B(ii)Pl

ease

mar

k pe

riod

s of

res

t, as

app

licab

le, w

ith

an X

, or

usin

g a

cont

inuo

us li

ne o

r ar

row

Hou

rs o

fC

omm

ents

Not

to b

e co

mpl

eted

re

st in

by th

e se

afar

er (1)

24-h

our

Hou

rs 0

00

10

20

30

40

50

60

70

80

91

01

11

21

31

41

51

61

71

81

92

02

12

22

32

4pe

riod

Hou

rs o

f H

ours

of

rest

, in

rest

, in

Dat

ean

y an

y 7-

day

24-h

our

peri

od (2 )

peri

od (2 )

Hou

rs 0

00

10

20

30

40

50

60

70

80

91

01

11

21

31

41

51

61

71

81

92

02

12

22

32

4

(1 )Fo

r co

mpl

etio

n an

d u

se in

acc

ord

ance

wit

h th

e pr

oced

ures

est

ablis

hed

by

the

com

pete

nt a

utho

rity

in c

ompl

ianc

e w

ith

the

rele

vant

req

uire

men

ts o

f IL

O C

onve

ntio

n N

o 18

0 on

Se

afar

ers’

Hou

rs o

f Wor

k an

d th

e M

anni

ng o

f Shi

ps C

onve

ntio

n 19

96.

(2 )A

dd

itio

nal c

alcu

lati

ons

or v

erif

icat

ions

may

be

nece

ssar

y to

ens

ure

com

plia

nce

wit

h th

e re

leva

nt r

equi

rem

ents

of I

LO

Con

vent

ion

No

180

on S

eafa

rers

’ Hou

rs o

f Wor

k an

d th

e M

anni

ng o

f Shi

ps C

onve

ntio

n, 1

996

and

the

Inte

rnat

iona

l Con

vent

ion

on S

tand

ard

s of

Tra

inin

g, C

erti

fica

tion

and

Wat

chke

epin

g, 1

978

as a

men

ded

. (ST

CW

95)

Page 15: MSN 1767(M) - Hour of Work, Safe Manning

15

ANNEX C

GUIDANCE ON APPROPRIATE MANNING LEVELS - DECK OFFICERS

Trading Area Size of Ship (gt) Number of Officers to be carried - STCW 95 RegulationReg II/2-Master Reg II/2-Ch.Mate Reg II/1-OOW Reg II/3-OOW

Unlimited 3000 or more 1 1 2 –

Unlimited 500 or more but less 1 1 1 – than 3000

Unlimited less than 500 1 – 2(a) –

Near-coastal 3000 or more 1 1 1 –

Near-coastal 500 or more but less than 3000 1 1 1(b) –

Near-coastal Less than 500 – – – 2(c)

Key:

(a) may be 1 if the master keeps watch;

(b) need not be carried if the master keeps watch;

(c) one of these II/3 certificates must have an endorsement for the capacity of master.

Page 16: MSN 1767(M) - Hour of Work, Safe Manning

16

ANNEX DG

UID

AN

CE

ON

AP

PR

OP

RIA

TE

MA

NN

ING

LE

VE

LS

- E

NG

INE

ER

OFF

ICE

RS

Tra

din

g A

rea

Reg

iste

red

Pow

er (k

W)

En

gin

eer

Off

icer

s R

equ

irem

ents

Ch

ief

En

gin

eer

Sec

ond

En

gin

eer

En

gin

eer

OO

W

Tot

al

Unl

imit

ed30

00 o

r m

ore

C/

E II

I/2

Unl

imit

ed2/

E II

I/2

Unl

imit

ed1

x II

I/1

3

Unl

imit

ed75

0 or

mor

e bu

t les

s th

an 3

000

C/

E II

I/3

< 3

000

kW2/

E II

I/3

< 3

000

kW1

x II

I/1

3

Unl

imit

ed35

0 or

mor

e bu

t les

s th

an 7

502/

E II

I/3

< 3

000

kWM

EO

L (

a)-

2

Nea

r-co

asta

l60

00 o

r m

ore

C/

E II

I/2

Unl

imit

ed2/

E II

I/2

Unl

imit

ed-

2

Nea

r-co

asta

l30

00 o

r m

ore

but l

ess

than

600

0C

/E

III/

2 <

600

0 kW

NC

2/E

III/

2 <

600

0 kW

NC

-2

Nea

r-co

asta

l75

0 or

mor

e bu

t les

s th

an 3

000

C/

E II

I/3

< 3

000

kW N

C2/

E II

I/3

< 3

000

kW N

C-

2

Nea

r-co

asta

l35

0 or

mor

e bu

t les

s th

an 7

50SM

EO

L

--

1

Th

e ab

ove

tab

le a

ssu

mes

that

the

ship

is c

lass

ed a

s U

.M.S

.

<

=

less

than

N

C

=

Nea

r-co

asta

l

Key

:(a

)T

he h

old

er m

ay s

erve

in a

dua

l cap

acit

y, d

eck

and

eng

ine

room

, pr

ovid

ed th

e sh

ip is

not

a ta

nker

and

the

dec

k se

rvic

e is

not

as

an e

ssen

tial

wat

ch-k

eepe

r or

mas

ter

Not

es:

(i)

All

engi

ne r

oom

wat

ch r

atin

gs m

ust h

old

wat

ch r

atin

g ce

rtif

icat

es (S

TC

W II

I/4

cert

ific

atio

n) is

sued

by

MC

A-a

ppro

ved

com

pani

es,

exce

pt o

n ve

ssel

s of

less

than

750

kW.

(ii)

The

man

ning

leve

ls a

re s

ubje

ct to

mee

ting

the

requ

irem

ents

of S

ecti

on 1

of t

his

MSN

.

Th

e fo

llow

ing

fact

ors

wil

l be

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ANNEX E

MCA Marine Offices

1. Aberdeen Marine Office Tel: 01224 597900Blaikies Quay Fax: 01224 571 920Aberdeen AB11 5EZ

2. Belfast Marine Office Tel: 02891 475310Bregenz House Fax: 02891 475321Quay StreetBangorNorthern Ireland BT20 5ED

3. Cardiff Marine Office Tel: 02920 229 556Oxford House Fax: 02920 229 017Hills StreetCardiff CF1 2TD

4. Dover Marine Office Tel:01304 227710Langdon BatterySwingateDover CT15 5NA

5. Falmouth Marine Office Tel: 01326 310811Pendennis PointCastle DriveFalmouthCornwall TR11 4WZ

6. Glasgow Marine Office Tel: 01475 5533550 Navy BuildingsEldon StreetGlasgow PA16 7QY

7. Great Yarmouth Marine Office Tel: 01493 7443004th Floor Fax: 01493 744329Havenbridge HouseGreat Yarmouth NR 30 1HZ

8. Harwich Marine Office Tel: 01255 682107East TerraceWalton-on-NazeEssex CO14 8PY

9. Hull(Beverley) Marine Office Tel: 01482 866 606Crosskill House Fax: 01482 869 989Mill Lane, BeverleyNorth Humberside HU17 9JB

10. Leith Marine Office Tel: 0131 554 54881, John’s Place Fax: 0131 554 7689LeithEdinburgh EH6 7EL

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11. Liverpool Marine Office Tel: 0151 931 6600Hall Road West Fax: 0151 931 6615CrosbyLiverpool L23 8SY

12. London Marine Office Tel: 01689 890 400Central Court, Fax: 01689 890 4461B Knoll Rise, OrpingtonKent BR6 0JA

13. Milford Haven Marine Office Tel: 01646 693272Gorsewood Drive, HakinMilford HavenPembrokeshire SA73 3HB

14. Newcastle Marine Office Tel: 0191 496 9900MCA Tyne Fax: 0191 496 9901Compass HouseUnit 1, Tyne DockSouth Shields, Tyne and Wear NE34 9PY

15. Plymouth Marine Office Tel: 01752 266 211Fish Market Fax: 01752 225 826Baylys Wharf, Fish QuayPlymouth PL4 OLH

16. Shetland Marine Office Tel: 01595 743514The Knab, Knab RoadLerwickShetland ZE1 0AX

17. Southampton Marine Office Tel: 023 80329329Spring Place Fax: 023 80329351105 Commercial RoadSouthampton SO15 1EG

18. Stockton On Tees Marine Office Tel: 01642 6110403rd Floor, Victoria HousePearson Court, Pearson WayTeesdale ParkStockton On Tees TS17 6PT

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