Ministério do Equipamento, do Planeamento e Administração do Território (Ministry for Equipment, Planning and Territorial Administration)
Decree-Law
(This is not an official translation of the law)
The Maritime Radiocommunication Service Regulations (MRSE) were passed by Decree no. 45 267, of September 24, 1963.
The distance in time since this passage has exposed both the numerous alterations that have been introduced in it in the meantime and the dispersal of diplomas that enabled it to be updated and modernised.
On the other hand, it is evident that there has been significant technological development in the communications sector, including in maritime radiocommunication, with the objective of reducing accidents at sea, benefiting the safety of shipping and of the people embarked and the operability of the ships.
The regulations now adopted, which are intended to respond to the problems that had become apparent, are based, in terms of the legal framework, on a legal device that systematises all the process and procedures concerning or related to maritime radio equipment.
The new regulations provide for rules on the approval and certification of radio equipment and other rules concerning the processes of installation, alteration, operation and licensing of the equipment in question.
Moreover, they lay down terms of reference to be observed by the entities responsible for the respective enforcement; these terms are appropriate and targeted so as to facilitate a swift and efficient response to the numerous queries from national shipowners.
Finally, it is important to mention that besides establishing conditions that allow the Administration to obtain income from the services provided by enforcing the regulations, it also provides for balanced penal provisions that best suit the varied nature of the possible offenders.
Hence:
Pursuant to subparagraph a) of Section 1 of Article 198 of the Constitution, the Government hereby decrees the following:
Article 1
Object
The Maritime Radiocommunication Service Regulations, annexed to this diploma and of which they form an integral part, are hereby adopted.
Article 2
Fees and Charges
Fees are to be paid for surveys, the issuing of licences and approval of equipment, constituting revenue due to the Directorate-General of Ports, Navigation and Maritime Transport, the amounts of which shall be established by Order in Council of the Ministry of Infrastructure, Planning and Land Administration.
Article 3
Validity of certificates and licences already issued
The application of the Regulations adopted will be without prejudice to the validity of the approval certificates of the radio equipment and the ship station licences issued under the previous legislation.
Article 4
Repealing clause
1 - Repealed hereby are Decree No. 45 267, of 24 September 1963, which adopted the Maritime Radiocommunication Service Regulations, and Decrees Nos. 46 420, of 5 July 1965, 48 869, of 18 February 1969, and 218/71, of 24 May, Decree-Laws Nos. 122/91, of 21 March, and 144/95, of 14 June, Article 135 of Decree-Law n 265/72, of 31 July, and Orders in Council Nos. 1237/95, of 12 October, and 24 057, of 3 May 1969.
2 - The Orders in Office Nos. 1164/95, of 22 September and 1364/95, of 18 November remain in force.
3 - The references to the previous Regulations in the diplomas that remain in force shall be considered to be made to the Regulations hereby adopted.
Article 5
Coming into force
The present diploma will come into force 30 days after the date of its publication.
ANNEX
Maritime Radiocommunication Service Regulations
CHAPTER I
Introduction
Article 1
Object
The object of the present Regulations is to establish the rules for the approval and certification of radio equipment and processes of installation, alteration, utilisation, operation and licensing of maritime radio equipment.
Article 2
Definitions
For the purposes of these Regulations, the following definitions are used:
a.Convention - International Convention for Safety of Life at Sea (SOLAS) and Amendments, in force in the Portuguese legal system;
b.Radiocommunication Regulations - the Radiocommunication Regulations provided for in Article 4 of the Constitution of the International Telecommunications Union;
c.Station - One or more transmitters or receivers or combination of transmitters and receivers, including the accessory equipment, necessary at one location for carrying on a radiocommunication service;
d.Mobile station - a station in the mobile service intended to be used while in motion or during halts at unspecified points;
e.Land Station - a station in the mobile service not intended to be used while in motion;
f.Coast Station - a land station in the maritime mobile service;
g.Coast Earth Station - An earth station in the fixed-satellite service or, in some case, in the maritime mobile-satellite service, located at a specified fixed point on land to provide a feeder link for the maritime mobile-satellite service;
h.Ship Station - A mobile station in the maritime mobile service located on board a vessel which is not permanently moored, other than a survival craft station;
i.Ship Earth Station - a mobile earth station in the maritime mobile-satellite service located on board ship;
j.On-Board Communication Station - A low-powered mobile station in the maritime mobile service intended for use for internal communications on board a ship, or between a ship and its lifeboats and life raft during lifeboat drills or operations, or for communication within a group of vessels being towed or pushed, as well as for line handling and mooring instructions;
k.Survival Craft Station - A mobile station in the maritime mobile service or the aeronautical mobile service intended solely for survival purposes and located on any lifeboat, life-raft or other survival equipment;
l.Ship radiocommunication station - the stations placed on board a ship, which might be a ship station, a ship earth station, an on-board communication station or even a combination of some of these stations;
m.Mobil service - a radiocommunication service between mobile and land stations, or between mobile stations.
n.Maritime mobile service - a mobile service between coast stations and ship stations, or between ship stations, or between associated on-board communication stations; survival craft stations and emergency position-indicating radiobeacon stations may also participate in this service.
o.Ship radio equipment - the set of electronic equipment constituting the ship radiocommunication station and the ship navigation equipment.
p.Navigation equipment - the radio equipment used on-board to help navigation, also called radiodetermination equipment, which in recreational craft corresponds to radar;
q.Ship or vessel - the aquatic device or apparatus used or liable to be used as a means of transport on water, including floating and submersible platforms;
r.Shipowner - the owner, charterer or person responsible for the technical, nautical and commercial management of a ship;
s.Tonnage - the gross tonnage of a ship, determined in accordance with the provisions of the International Convention of Ship Tonnage, of 1969, for the ships subject to it, or according to the provision of the national laws in force.
Article 3
Scope of Application
This decree-law shall apply:
a. To Portuguese ships, excluding ships in the service of the Armed Forces or security forces;
b. To foreign ships as regards the utilisation of radio equipment, in Portuguese waters, pursuant to the Radiocommunication Regulations.
Article 4
Required radio equipment
1. Portuguese ships should have on board the radio equipment provided for in the Convention and in national ship safety regulations.
2. By Order in Council of the Ministry of Equipment, Planning and Land Administration, the radio equipment for Portuguese ships not covered by the Convention or by national ship safety regulations shall be established, as well as the transition system to be applied to the radio equipment installed on board under previous legislation.
Article 5
Optional radio equipment
1. Besides the required radio equipment, ships may also be provided with radiocommunication equipment that uses the frequency bands from the mobile maritime service, the mobile satellite service and navigation equipment that works in radiodetermination, radionavigation and radiolocation bands.
2. On-board ships, the use of portable equipment for non-maritime mobile services is permitted when authourised by the captain or master of the ship and as long as it does not interfere with the functioning of other radio equipment.
3. Onboard ships different radio equipment from that provided for in the previous sections can also be installed, for specific purposes, namely scientific or radiodetermination experiments.
4. The equipment referred to in Nos. 2 and 3 of this Article can only be used if approved or authorised by the appropriate authorities.
Article 6
Radio equipment for certain areas of navigation
1. Ships that operate in certain areas of navigation may be required to install, temporarily or permanently, appropriate radio equipment for their safety and for navigation in those areas.
2. The regulation of the installation of radio equipment provided for in the previous section shall be made by Order in Council from the Ministry of Equipment, Planning and Land Administration.
Article 7
Operation of radio equipment
1. Ship radio equipment may solely be operated by appropriately qualified persons holding a ship station licence issued by the Directorate-General of Ports, Navigation and Maritime Transport (DGPNTM).
2. In the communications established between a ship radio station and other stations, the rules laid down in the regulations that govern the use of the radio spectrum by maritime mobile service and maritime mobile satellite service radiocommunication stations should be observed.
CHAPTER II
Approval and certification of radio equipment
Article 8
Powers to approve and certify equipment
The radio equipment shall only be installed or placed onboard ships after it has been duly approved and certified by the DGPNTM, in pursuant with the following articles.
Article 9
Approval process
1. The ship radio equipment is approved by the DGPNTM, through an appraisal of the respective manuals and laboratory tests or by other experimental means designed to confirm whether the equipment satisfies the respective technical specifications.
2. In the process of approving radio equipment, the following standards and specifications are taken into account:
a. Portuguese standards published by the Instituto Português da Qualidade (IPQ);
b. Compulsory standards deriving from Community law;
c. Technical specifications established by the International Maritime Organization (IMO) and by the International Telecommunications Union (UIT);
d. Standards deriving from the European Telecommunications Standards Institute (ETSI), the International Electrotechnical Commission (IEC) and the International Standards Organization (ISO);
e. Technical specification prepared by the DGPNTM.
3. For the purposes of the approval process, it is also required that the inscriptions or labels on the radio equipment be written in Portuguese, Spanish, French or English.
4. Regarding the radio equipment for use on survival craft, the instructions for use should be written in Portuguese or in the common language on board, in the case of an individual approval.
5. The DGPNTM will publish an announcement in the 3rd series of the Diário da República with references to the standards and specifications used in the approval of radio equipment.
Article 10
Request for approval
1. The request for approval of the radio equipment should be accompanied by the complete manuals in Portuguese, Spanish, French or English, containing the characteristics of the equipment, its technical description, the electronic diagrams, operating instructions, elements to identify the different components of the apparatus and the compass safe distances.
2. In the case of radio equipment designed for use in survival craft, the request for approval should be accompanied by a copy of the instructions for use in Portuguese or in the common language used aboard, in the case of individual approval.
Article 11
Approval exemption
1. Radio equipment that is already certified under international conventions to which the Portuguese State is bound or under Community legislation in force in the Member States is considered exempt from national approval.
2. In the situations provided for in the previous section, shipowners should pass on to the DGPNTM:
a. Documentation issued by foreign administrations proving that the radio equipment has been certified and satisfied the operational requirements of the ships;
b. The complete manuals of the radio equipment referred to in Nos. 1 and 2 of the previous Article.
Article 12
Issuing of certificates
1. It is incumbent of the DGPNTM to issue type approval or individual certificates, the model of which is given in Annex I to these Regulations.
2. The type approval certificates should mention the relevant standards and specifications of the radio equipment; the duration of the certificates will depend on that of these standards and specifications.
3. Individual approval certificates are issued for the radio equipment that complies with the technical specifications provided for in the Radiocommunication Regulations.
CHAPTER III
Installation or placing on board, alteration and dismantling of radio equipment
Article 13
Authorisation Process
Ship radio equipment may only be installed or placed on board, altered or dismantled with the authorisation of the DGPNTM.
Article 14
Applications for installation, placing, alteration or dismantling of radio equipment
1. Applications for the installation, alteration or dismantling of radio equipment should be made on a fully completed specific form (radio authorisation form), the model of which is given in Annex I to these Regulations.
2. Equipment installation application submissions should also include the following elements:
a. Assembly plan, type of general arrangement, to scale and duly labelled, with location on board, vertical and horizontal projection of the radio units, power sources, batteries, panels, compasses and antennas;
b. General plan of electrical power installation for equipment to be assembled and of the reserve energy battery charging system, as well as the indication of capacity, manufacture and type of batteries.
3. The elements envisaged in the subparagraphs of the above section may be presented in the form of patent specifications, in the case of:
a. Fishing vessels of overall length of less than 24 m;
b. Other non-fishing vessels of less than 100 gross tons.
4. The elements required for installation of the radio equipment that are envisaged in the embarkation process may be presented for the purposes the provision of No. 2 of this article, as long as they are duly updated.
5. In cases of applications for placing on board of portable radio equipment, only the presentation of the duly completed radio authorisation form is required.
Article 15
Duration of authorisations
1. The authorisations issued by the DGPNTM are communicated to shipowner, with indications of the conditions to be observed and the respective duration, which may not exceed 180 days from the date of the respective dispatch.
2. The authorisations may substitute station licences, pursuant to Article 42 of this law.
Article 16
Radio equipment installed or altered without authorisation
1. Shipowners who acquire vessels with radio equipment installed or altered without authorisation from the DGPNTM should rectify the situation as regards this equipment within 30 days from the date of the acquisition of the vessel.
2. For the purposes of the previous section, the following situations will be taken into account:
a. In cases of acquisition of national vessels, the shipowners should proceed to rectify the situation as regards radio equipment, pursuant to Article 14 of this law.
b. In cases of acquisition of foreign vessels, the shipowners should proceed to present the duly completed radio authorisation form, together with the station licence (or equivalent document) and the radio equipment manuals that do not possess national approval certification.
Article 17
Operation of the radio equipment
1. The ship radio equipment should be maintained in conditions that ensure its normal operation
2. Required radio equipment that does not comply with the normal operating conditions should be replaced, repaired or sealed before the vessel goes to sea, in order not to prejudice the operation of other equipment and in order to ensure the safety of the ships.
3. The faulty radio equipment should be replaced temporarily with equivalent equipment, as long as it is duly approved.
4. The request for temporary replacement is to be made to the DGPNTM and should indicate the type of fault, the expected duration of the repairs and the reference characteristics of the equipment to be installed.
Article 18
Sealing of the radio equipment
1. Radio equipment installed or altered without authorisation of the DGPNTM should be decommissioned and sealed by inspectors or by delegates of the DGPNTM.
2. Radio equipment installed on board optionally may be sealed, at the request of the shipowners.
3. Seals placed on radio equipment may only be removed by inspectors and delegates of the DGPNTM and by the captains or masters of the ships when duly authorised.
Article 19
Obsolete radio equipment
Ship radio equipment that no longer complies with international standards or the specifications established in national law should be replaced, altered or dismantled, by determination of the DGPNTM, within the time limit established.
CHAPTER IV
Ship radiocommunication station
Article 20
Required stations on board
Ships should have on board the stations that are required by the Convention and by the applicable national ship safety regulations.
Article 21
Location of ship station and ship earth station
The ship station and the ship earth station should be installed:
a. In a location close to the ship steerage, so as to ensure maximum operability and safety;
b. In a ventilated location protected from extreme temperatures, humidity and salt water.
Article 22
Protection against interference
1. In the location where the ship station and the ship earth station are installed, electrical circuits, converters, generators, motors and other existing electrical apparatuses should be provided with means to guarantee effective protection against noise and against any other harmful influence on other equipment or systems, so as to ensure electromagnetic compatibility.
2. On wooden or fibreglass ships, there should be a bottom plate for the earth connection.
Article 23
Operator accommodation
On ships with accommodation, the accommodation for the operator designated to operate the equipment in emergency situations should be situated as close as possible to the ship station and the ship earth station.
Article 24
Main power supply for the ship station and the ship earth station
1. On ships with main and emergency power distribution, the ship station and the ship earth station should be supplied through a fixed and direct installation, with automatic switching between the two power supplies and prohibited any derivation to supply other circuits.
2. The voltage of the on-board power network that supplies the ship radio equipment should be maintained within 10% of its nominal value.
3. Ship stations and ship earth stations installed on ships of more than 100 tons or on fishing craft of a length equal to or greater than 24 m, there should be fixed voltmeter that indicates, at all times, the voltage of the on-board network.
4. The existing fixed voltmeter on stations can be an integral part of one of the equipments.
Article 25
Reserve power supply
1. The ship station and the ship earth station should be supplied, in the event of main supply failure, by a reserve power supply that conforms to the requirements of the Convention and applicable national ship safety regulations.
2. Ships not covered by the Convention and by applicable national ship safety regulations should be provided with, at least, a reserve power supply with capacity for six hours of operation (in reception, six hours, in transmission at maximum power, three hours, and in waiting position, three hours), consisting of an accumulator battery protected against short-circuits and current reversals, whose charging system is supplied through the main on-board power distribution system.
3. On ships at sea, the accumulator batteries should be kept charged and be fully charged every day.
Article 26
Installation and identification of reserve power supply
1. The reserve power supply accumulator batteries, if the type of ship so permits, should be installed in the upper part of the ship, as close as possible to the ship station and the ship earth station, at a level not lower than the floor on which these are to be found and properly fixed in a case lined with appropriate anti-corrosive material at least up to the upper surface of the battery elements.
2. The accumulator battery cases should be provided with an opening in the upper part and an appropriate ventilation system.
3. If the ship has a special compartment designed for batteries, this should be properly ventilated, no other electrical apparatus for manoeuvring or sectioning being installed in it, either independently or in the power distribution, unless the apparatus is protected against explosion, clearly visible, indicating "T.S.F." or "Radio".
Article 27
Equipment Lighting
1. The ship station and the ship earth station should be installed in a well lit place, with a fixed lighting system, that enables normal operation of the respective equipment and is powered by a reserve energy supply, controlled by a switch or switch system, marked in red.
2. A means of portable lighting should be available at all moments at the location of the ship station and the ship earth station.
Article 28
Antennas
1. The ship station and ship earth station antennas should be installed so as not to prejudice the ship's loading and unloading operations and so as to guarantee the greatest efficiency of the equipment connected to them.
2. Ships of 300 tons or more and with a main wire antenna installed between masts should be provided with an anti-breaking device.
3. On ships designed to transport inflammable fuels or other dangerous cargoes, the emission antennas should be placed in such a way as to not overlay the respective tanks.
4. In passageways, transmission antennas and their respective downleads should have sufficiently long shielding so as to guarantee the safety of people on board.
5. Ships of 300 tons or more, with medium frequency (MF) or high frequency (HF) stations, should have an easily used switchboard that enables:
a. The main transmitter or another one to be connected to any of the existing antennas;
b. The antenna downleads to be isolated;
c. The antenna downleads to be connected to the ship's ground.
Article 29
Clock
On ships that make international voyages and on ships on which the operation of the ship station or ship earth station is subject to periods of silence, there should be clock at the site on these ships that is easily read from the normal position of the station equipment operator, with a minimum diameter of 12.5 cm, indicating hours, minutes and seconds, in universal time coordinated (UTC) and the respective periods of silence marked in red.
Article 30
Protection against fires
At the site of the ship station or ship earth station there should be a portable fire extinguisher, of dry chemical powder or equivalent, in normal operating conditions.
Article 31
Identification of ship radiocommunication station
1. It is incumbent upon DGPNTM to allocate to the ship station and to the ship earth station the respective callsign.
2. The callsign should be affixed to the ship station and ship earth station, so as to be clearly visible from the work position of the radio equipment operator and next to each radiotelephone transmitter, in an easily read place.
3. The callsign, affixed at the location of the ship station and of the ship earth station, should have letters and numbers of a size not less than 2cm in width by 3 cm in height.
4. At the ship station and the ship earth station location, there should be an easily read board with the set of callsigns allocated to the station by the DGPNTM, including the ship station and ship earth station identification, the selective calling numbers and the Accounting Authority Identification Code (AAIC).
5. Whenever any identification of a station is altered, the shipowner is required to carry out the corresponding alterations in the ship radio equipment.
Article 32
Ship Station Particulares
The DGPNTM, through the Instituto das Comunicações de Portugal (ICP), will maintain the UIT informed of the particulars of each ship radiocommunication station.
Article 33
Accounting Authority
1. By Order in Council of the Ministry of Equipment, Planning and Land Administration, the conditions required of companies that intend to obtain the statute of ship radiocommunication station accounting authorities shall be approved and the process for their registration with the DGPNTM shall be defined.
2. The DGPNTM will allocate the respective identification codes to the registered entities.
3. The owners of ships whose ship radiocommunication stations are qualified to communicate with foreign coast stations or coast earth stations are required to sign service contracts with entities that hold ship station accounting authority identification codes.
4. Ship station operators may only use the identification code of an entity with which the shipowner has signed a contract under the terms of the above section.
Article 34
Emergency instructions panel
1. At the location of the ship station and ship earth station there should be a panel that is easily read by the radiocommunication operator, with brief instructions on the procedure and operating of equipment in emergency situations.
2. On ships provided with Global Maritime Distress and Safety System (GMDSS) equipment there should be a guide for communication in emergency situations, placed near the ship steerage location.
Article 35
Safety equipment testing
1. The radio equipment designed to be used in cases of emergency should be tested by the operators designated to operate the emergency equipment, using, if possible, an artificial antenna and reduced power, with a periodicity that respects safety standards.
2. The operations envisaged in the previous section should be written down in the radiocommunication service book, when existing, by legal obligation.
Article 36
Radiocommunication service diary
1. Ships with ship station and ship earth station should possess on board a daily record book of the radiocommunication service (radiocommunication service diary).
2. The terms of this Article do not apply to ships registered in the local area and to ships of less than 300 tons registered in the national coastal navigation area.
Article 37
Qualification of operators
1. The ship station and the ship earth station may solely be operated by persons qualified and properly certified according to the standards adopted by order in council of the Ministry of Equipment, planning and Land Administration.
2. On ships which have on board more than one radiocommunication operator, one of them should be designated by the captain or master of the ship to operate the equipment in emergency situations, this nomination being recorded in the radiocommunication service diary.
Article 38
Standards for operating the ship radiocommunication station
1. The ship radiocommunication stations should be operated in accordance with:
a. The provisions of the Radiocommunication Regulation;
b. The radio service instructions adopted by the order in council of the Ministry of Equipment, Planning and Land Administration;
c. The standards applicable to the use of the maritime mobile-satellite service radio spectrum;
d. The standards designed to prevent the transmission of false distress alerts adopted by order in council of the Ministry of Equipment, Planning and Land Administration;
2. The captains and master of ships are responsible for the compliance with standards, instructions and other provisions on the operation of the radio station on the ship they are sailing.
3. The captains and master of ships should take the necessary measures to ensure that the crew responsible for the transmission of distress alerts are properly instructed about how to operate all the ship equipment that can transmit distress messages.
4. The measures taken pursuant to the previous section by captains or master of ships should be recorded in the radiocommunication service diary.
Article 39
Service documents
At the ship radiocommunication station, besides the ship station licence, the radiocommunication service diary and the radiocommunication operator certificates, there should also be all the service documents envisaged in the order in council to be published by the Ministry of Equipment, Planning and Land Administration.
CHAPTER V
Ship station licences
Article 40
Ship station licence
1. The ship station licence is the document which proves that the ship radio equipment has been authorised, installed and operates according to the requirements of these Regulations and the Radiocommunication Regulation.
2. The ship station licence should be available at the ships radiocommunication station and in conditions such as it can be shown to the appropriate authorities who may request it.
3. The ship station licence corresponds to the model presented in Annex III of these Regulations.
4. When a station licence is issued for portable radiocommunication equipment designed to be used on more than one ship, the station licence shall not contain the name of the ship nor the callsign.
Article 41
Duration of the ship station licence
1. The ship station licence are issued for the following durations:
a. Up to one year, for ships with required radio equipment not covered by the Convention nor by the national safety regulations which include the certification of radio installation nor by the following subparagraphs of No. 1 of this article;
b. Up to three years, for ships with required radio equipment consisting only of a VHF radiocommunication installation;
c. Up to five years, for ships covered by the Convention and by the national safety regulations which include certification of radio installations, for leisure crafts and for ships with optional radio equipment.
d. For an unlimited period, for ships that have no radiocommunication transmitter as part of the radio equipment.
2 The ship station licence legally issued by a foreign administration is valid for a maximum period of 180 days from the date of provisional registration of the ship, the name and callsign being amended on the licence by the DGPNTM or by a consular authority.
3. The station licence referred to in the above section is not longer valid when the ship is surveyed or enters a national port.
4. On application from the shipowner, stating the full reasons therefor, namely for conclusion of a voyage or for voyage to the most accessible port for the survey, the duration of the station licence may be extended by the DGPNTM up to 150 days counted from the end of the validity of the licence.
Article 42
Provisional replacement of the ship station licence
The radio authorisation form, with favourable clearance from the Director-General of Ports, Navigation and Maritime Transport, provisionally replaces the station licence as regards the equipment mentioned in it, for the durations envisaged in the following subparagraphs:
a. For 12 months after the date of the clearance, if the equipment authorised consists only of navigation equipment, excluding radar;
b. For six months after the date of the clearance, if the authorised equipment contains any radiocommunication receiver, radar, radiotelephone, citizen's band or VHF radiotelephone;
c. For three months after the date of the clearance, of the equipment authorised contains any radiocommunications transmitter not included in the above subparagraph.
Article 43
Expiry of ship station licence
The ship station licence expires if any one of the following situations is observed:
a. Change in shipowner;
b. Alteration in public correspondence category;
c. Alteration in calling code or any other identification allocated to the ship station:
d. Alteration of manufacture, model or type of radio equipment.
CHAPTER VI
Surveys and Inspections
Article 44
Surveys and inspections of radio equipment
1. The ship radio equipment is surveyed after its assembly or when it is necessary to revalidate the ship station licence.
2. On request by the owners or on the initiative of the DGPNTM, inspections can also be made of the ship radio equipments.
3. The inspector who surveys or inspects the radio equipment on a ship should draw up the respective report, delivering the original to the DGPNTM and a copy to the commander, master or person responsible for the ship.
4. If the reports concludes in favour of approval of the ship radio equipment, the copy delivered to the commander, master or person responsible for the ship will substitute the station licence, for a period of 90 days from the day on which the survey or inspection was made.
Article 45
Request for Survey
1. Surveys should be requested by shipowners in time for the work to be done before the station licences expire.
2. The surveys take place at the place, date and time agreed by the shipowner and the DGPNTM.
3. The owners should place the ships in appropriate conditions for the work to be carried out as normal.
Article 46
Conditions for surveys and inspection
1. Captains and master of ships may not prevent inspectors or accredited technicians from carrying out surveys or inspections of the ship radio equipment.
2. The surveys and inspections should be carried out in the presence of the operator or the person qualified to operate the ship radio equipment.
3. Should the provisions of the previous section not be verified, this will not prevent the survey or inspection from being carried out, if the inspector or accredited technician believes that it can be done safely and obtains the agreement of the captain or master of the ship.
Article 47
Inspectors
1. The surveys and inspections of the ship radio equipment are carried out by:
a. DGPNTM inspectors; or
b. DGPNTM accredited technicians; or
c. Public entities that establish prior agreements with the DGPNTM.
2. The inspectors and technicians provided for in the above section should identify themselves, when requested, to the competent authorities and to captains, master or person responsible for the ships.
CHAPTER VII
Penal Provisions
Article 48
Penal regime
1. Violation of the rules provided for in these Regulations constitutes an administrative offence punishable by fine, in accordance with the following articles.
2. Negligence and attempt are punishable.
3. Legal action for violation of the provisions of the present Regulations is governed by the general regime of administrative fines, pursuant to Decree-Law No. 433/82, of 27 October, and later amendments.
Article 49
Sanctioning jurisdiction
1. It is incumbent upon the DGPNTM and the bodies of the Maritime Authority System (SAM) to ensure compliance with the provision of this law, as well as the preparation of administrative cases.
2. The application of fines is the responsibility of the Director-General of Ports, Navigation and Maritime Transports, as well as port captains for the infringements that they detect in their respective area of jurisdiction.
3. The amounts of the fines collected through enforcement of the present Regulations:
a. 60% for the State;
b. 40% for the acting entities.
Article 50
Supervision
The documents whose existence on board are the object of supervision by the SAM are as follows:
- Ships station licence;
- Radiocommunications operator certificate.
Article 51
Of offences in general
The violation of the provisions of articles 8, 13, 16, No. 1, 21, 22, Nos. 1 and 2, 24, Nos.1, 2 and 3, 25.º, Nos. 1 and 3, 26, Nos. 1, 2 and 3, 27, Nos. 1 and 2, 28, Nos. 1, 2 and 5, 29, 30, 31, Nos. 2, 3 and 4, 34, Nos. 1 and 2, 35, No. 2, 36, No. 1, 38, No. 4, 39, 40, No. 2, 41, Nos. 1, 2, 3 and 4, 42, 44, Nos. 1 and 4, and 45, No. 1, by shipowners, captains or masters and radiocommunications operators constitutes an administrative offence, punishable with a fine from PTE 5,000 to PTE 50,000.
Article 52
Of the serious or very serious offences committed by shipowners
1. Violation of the provisions of articles 4, 6, 17, 23, 25, No. 2, 28, Nos. 3 and 4, 31, No. 5, 33, No.3, and 37, No.1 from these Regulations constitutes a serious administrative offence, punishable with a fine of PTE 10,000 to PTE 100,000, applicable to the shipowner.
2. Violation of the provisions of Article 7, No.1 of these Regulations constitutes a very serious administrative offence, punishable by a fine of PTE 25,000 to PTE 250,000, applicable to the shipowner.
Article 53
Of the serious offences committed by captains or masters
Violation of the provisions of Articles 18, No. 3, 37, No. 2, 38, No. 2, and 46, No. 1 constitutes a serious administrative offence, punishable with a fine of PTE 10,000 to PTE 100,000, applicable to captains or masters of the ships.
Article 54
Of the serious or very serious offences committed by radiocommunications operators
1. Violation of the provisions of Articles 7, No. 2, 33 No. 4, 35, No. 1, and 38, No. 1, subparagraphs a), b) and c) constitutes a serious administrative offence, punishable with a fine of PTE 10,000 to PTE 100,000, applicable to radiocommunication operators.
2. Violation of the provisions of Article 38, No. 1, subparagraph d) constitutes a very serious administrative offence, punishable with a fine of PTE 25,000 to PTE 250,000, applicable to radiocommunication operators.
Article 55
Accessory penalties
1. As accessory penalty, radio equipment that has not been approved pursuant to Article 8 and whose installation or placing on board has not been authorised pursuant to Article 13, may be apprehended and declared forfeited to the State, pursuant to Article 21, No. 1, subparagraph a), of the Decree-Law 433/82, of 27 October, as amended by Decree-Law 244/95, of 14 September.
2. In the event that three or more serious or very serious offences as provided for in Articles 52 and 53 during each five year period counting from the day of the first offence, the DGPNTM may also impose as accessory penalty to radiocommunications operators, pursuant to Article 21, No. 1, subparagraph g), of Decree-Law 433/82, of 27 October, as amended by Decree-Law 244/95, of 14 September, the suspension of activity for a period of 30 days to 1 year.
Article 56
Communication of decisions
1. The SAM bodies should send to the DGPNTM a copy of the final decisions made in administrative proceedings for violation of these Regulations.
2. The DGPNTM will prepare a register of the offenders and of the fines imposed on them.
Seen and approved in the Council of Ministers of February 26, 1998. - António Manuel de Oliveira Guterres - João Cardona Gomes Cravinho. Enacted on May 22, 1998. Let it be published. The President of the Republic, JORGE SAMPAIO. Countersigned on June 5, 1998. The Prime-Minister, António Manuel de Oliveira Guterres.
