المملكة: Urgent – Fines of up to 10,000 riyals for violators of maritime transport licensing requirements
I introduced General Authority for Transport Draft executive regulations for inspection, maintenance, repair and re-certification of marine rescue equipment and equipment via the “Estilaa” platform, in preparation for its official approval and implementation after completing the review stages and listening to the opinions of the public and relevant parties.
The new regulations aim to regulate the licensing mechanism and monitor the performance of facilities specialized in marine maintenance and inspection, in line with the international standards set by the International Maritime Organization (IMO) and the International Safety of Life at Sea Convention (SOLAS), to ensure the readiness of all Rescue equipment on ships flying the Kingdom’s flag, and enhancing the Kingdom’s position as a leading maritime country in the region.
Comprehensive licensing regulation
The Authority explained that the purpose of the regulation is to regulate licensing for establishments that practice the activity of inspecting, maintaining, repairing and re-certifying marine rescue equipment and devices, by setting clear controls for issuing, renewing and canceling licenses, and specifying the technical and administrative requirements that must be available to ensure quality work and safety of performance.
The provisions of the regulation apply to Saudi ships. Subject to the provisions of Chapter Three of the International Maritime Conventions, as well as the establishments that carry out the activity within the Kingdom, whether national or foreign, accredited by international classification bodies.
Precise requirements
The regulations set a set of basic conditions for obtaining a license, the most prominent of which is the employment of certified technicians from equipment manufacturers or from facilities licensed to practice the activity, and the provision of specialized technical equipment in accordance with the manufacturers’ instructions and in proportion to the requirements of work on board Ships.
It stressed the need for the facility to have an integrated quality system compatible with the latest versions of the international standards “ISO 9000” that covers all stages of work, starting with codes of conduct and professional discipline for workers, through maintenance operations and precise calibration of devices, and ending with training programs, documentation, and periodic review of workflow procedures.
In addition, the regulations oblige establishments to provide a main center in the city where the license is issued, and to provide valid insurance that covers Activity risks, with a commitment to document all inspection and repair operations in accordance with the forms approved by the Authority.
License duration and renewal and cancellation mechanism
The Authority grants the license for a period of three renewable years, provided that the renewal application is submitted 90 days before the license expires, and the fees and fines due, if any, are paid. The regulation also confirms that it is not permissible to practice the activity after the expiration of the license period or during the suspension period for any reason.
The authority reserves the right to cancel the license in specific cases, including submitting incorrect data, falsifying licensing documents, bankruptcy of the facility, relinquishing the license without prior approval, or violating the technical and administrative conditions for a period exceeding 15 days without correcting the situation.
Foreign establishments and conditions for practicing the activity
The regulation allowed Saudi ships to seek assistance from foreign establishments outside the Kingdom. In maintenance and inspection work, provided that these facilities are accredited by international classification bodies and manufacturers of marine rescue equipment and devices.
The Authority has set strict obligations for these facilities, including the obligation to submit activity reports in Arabic or English, and adherence to international resolutions such as “RESOLUTION A.761 “18” regarding inflatable survival devices, and “RESOLUTION MSC.402 “96” related to the operational inspection of rescue and release boats.
Addition In addition, the regulations prohibit the use of non-original spare parts, and oblige establishments to maintain the calibration of measuring and inspection tools on a regular basis, document all operational processes accurately, and not change the location of the activity without obtaining prior approval from the authority.
An obligation to professionalism, transparency, and record keeping
The regulation obligates establishments to maintain complete confidentiality of their work and data, and not to disclose any information except upon an official request from the authority. It is also committed to keeping records of the activity for a period of no less than five years, making them available upon request to the Transport Authority or its authorized classification bodies.
The Authority stressed that it is the duty of establishments to fully cooperate with service monitors and inspectors affiliated with the Authority or authorized international bodies, and to provide the necessary technical opinion to support efforts to improve the level of safety in maritime transport within the Kingdom.
Financial Penalties
The General Transport Authority stressed that the new regulations governing maritime transport activities include a table Violations and financial fines aiming to enhance professional discipline and raise the level of commitment to safety standards, stressing that the fines start from five thousand riyals and reach ten thousand riyals in some cases, depending on the nature and level of the violation.
The authority confirmed that these measures come within the framework of its continuing efforts to regulate the maritime transport sector, and to ensure that all establishments and workers in it adhere to the regulatory and technical requirements that preserve the safety of lives and property, and enhance the reliability of services provided in this vital sector, which is witnessing rapid growth, with targeted guarantees. Kingdom Vision 2030.
In the details of the regulation, it stipulates the imposition of a fine of five thousand riyals on establishments that practice the activity without obtaining a license or through an unlicensed branch. The same fine is also imposed on those who practice the activity after the expiration of the license without renewing it, and on those who change the location of the activity without prior approval from the Authority.
The regulations oblige establishments to obtain official approval before amending the legal entity or relinquishing the license, and in the event of a violation of this, it will be imposed. A fine of five thousand riyals, in addition to a similar fine for whoever practices the activity before officially transferring the license to the assignee.
Serious violations
The authority stressed the necessity of employing technicians who hold accreditation cards from the authority, as the violator is punished with a fine of five thousand riyals for each uncertified worker, and the same fine is imposed on those who do not adhere to the requirements and standards of the quality system or do not implement the regulatory obligations stipulated in Article “13” of the regulations.
Among the violations specified by the regulation also include submitting incorrect data or documents, and not keeping records or data when requested by the authority, and the fine in these cases reaches five thousand riyals.
As for serious violations, such as obstructing or obstructing the work of service monitors or experts from authorized classification bodies, the penalty reaches ten thousand riyals, and a similar fine is imposed on Saudi ships that use foreign facilities in violation of the requirements of the regulation.
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