The Maritime Safety Board Law Chapter I Organization

Article 1. For the purpose of insuring maritime safety and preventing, detecting and suppressing violations of laws of the Japanese Government in harbors, bays, straits, and coastal waters on the high seasadjacent to Japan, there shall, by virtue of this Law, be established as a separate agency, under the jurisdiction of the Minister of Transportaion, the Maritime Safety Board. The area of a port in the month of a river shall be established by Separate Law.

Article 2. The Maritime Safety Board shall perform the functions concerning the enforcement of laws and orders pertaining to safety of vessels, the qualifications and minimum number as to manning of ship's officers, assistance to vessels in distress, investigation of marine disasters, pilots, prevention and suppression of crime at sea, detection and arrest of criminals at sea, service concerning waterways and navigational aids, other businesses of insuring maritime safety and the businesses concerning matters subsidiary thereto. Those functions heretofore under the jurisdiction of the Secretariat of the Minister of Transportation, Director-General's Secretariat of the General Maritime Bureau Maritime Transport Bureau ship Bureau Seamen Bureau, Commissioners of Marine Courts of Inquiry, Lighthouse Bureau, Hydrogrsphic Bureau or those functions of other administrative authorities which are mentioned in the preceding paragraph shall be placed under the jurisdiction of the Maritime Safety Board.

Article 3. All personnel serving on or under the Maritime Safety Board shall be appointed, promoted, disciplined, dismissed and other matters concerning personnel administration shall be managed in conformity with the provisions of the National Public Service Law. The total personnel of the Maritime Safety Board shall not exceed 10,000 persons.

Article 4. The vessels of the Maritime Safety Board shall be vessels suitable in construction equipment and ability for the maintenance of navigational aids, prevention of smuggling, rendering of assistance to distressed mariners and preservation of life and property from shipwreck. The vessels shall not exceed one hundred and twenty-five (125) in number, excluding harbor craft or 50,000 gross tons in total tonnage;nor shall any of these vessels exceed 1,500 gross tons in displacement nor be capable of exceeding fifteen knots in speed. Vessels of the Maritime Safety Board shall be distinctively marked and numbered and shall fly the Japanese national ensign and a distinguishable Maritime Safety Board flag.

Article 5. There shall be established in the Maritime Safety Board the Director-General's Secretariat, the Safety Bureau, the Hydrographic Bureau and the Lighthouse Bureau.

Article 6. The Director-General's Secretariat shall perform the following functions: 1. Matters concerning the appointment, dismissal status, discipline, refinement and training of Maritime Safety Board personnal; 2. Matters concerning the custody of the official seals of the Director-General and of the Maritime Safety Board; 3. Matters concerning investigation, planning, general examination and coordination pertaining to the service under its jurisdiction; 4. Matters concerning the receipt, forwarding, compilation and custody to official documents; 5. Matters concerning the furnishing of statistical reports; 6. Matters concerning the estimate of expenditure and income, settlement, assunting and audit of accounts; 7. Matters concerning the government-owned properties and articles, except those which fall under the jurisdiction of each Bureau of the Maritime Safety Board.

Article 7. The Safety Bureau shall perform the following functions: 1. Matters concerning the rules of sailing and signals for navigation of vessels; 2. Matters concerning the enforcement of the laws and orders pertaining to the safety of ships at sea;and matters concerning the qualification and the authorized minimum fixed number of officers required on board; 3. Matters concerning the removal of menace to navigation; 4. Matters concerning the salvage of human life, cargo and vessel from shipwreck and the necessary assistance in case of natural calamities, accidents and other events where relief is required; 5. Matters concerning the investigation of maritime disasters; 6. Matters concerning the application for trial, and the execution of decisions of Marine Courts of Inquiry; 7. Matters concerning the supervision over those, other than maritime authorities, engaged in the services to rescue human life and properties at sea and to clear the navigation of vessels from obstacles; 8. Matters concerning the supervision necessary for keeping safety at sea for those engaged in maritime transportation business for passengers or cargoes; 9. Matters concerning the supervision over pilots and pilots business; 10. Matters concerning the patrol of coastal waters; 11. Matters concerning prevention and suppression of criminal cases such as smuggling, illegal entry, etc.; 12. Matters concerning the search for and arrest of, criminals at sea; 13. Matters concerning the prevention and suppression of riots and disturbarces at sea; 14. Matters concerning supervision and operation of base facilities communications facilities and vessels to be used by the Maritime Safety Board;matters of providing water transportation for the customs, quarantine and other administrative authorities in the performance of their official duties; 15. Matters concerning the cooperation, mutual as sistance and iaison service between maritime safety authorities and the National Rural Police and Police of Cities, Towns and Villages inclusive (hereinafter referred to as the police authorities), customs, quarantine stations or other administrative authorities concerned.

Article 8. The Hydrographic Bureau shail perform the following functions: 1. Matters concerning the survey of waterways and meteorological observation at sea; 2. Matters concerning providing chart and directions for navigation and aviation; 3. Matters concerning the information of the matters necessary for keeping nautical safety; 4. Matters concerning the investigation and study of the matters provided for in each of the preceding items.

Article 9. The Lighthouse Bureau shall perform the following functions: 1. Matters concerning the establishment, maintenance and operation of lighthouses and other aids to navigation; 2. Matters concerning the meteorological observation with the apparatus for lighthouses and other navigational aids; 3. Matters concerning the supervision over those, other than maritime safety authorities, engaged in installation, maintenance, or operation of navigational aids, such as lighthouses, etc.

Article 10. The Maritime Safety Board shall have a Director-General. The Director-General of the Maritime Safety Board shall preside over the Board affairs and direct and control his subordinate personnel under the direction and supervision of the Minister of Transportation;provided that he shall be under the direction and supervision of the Competent Minister or the Attorney-General respectively regarding the business affairs under the Jurisdiction of a Minister other than that of Transportation or the Attorney-General.

Article 11. Each Bureau of the Maritime Safety Board shall have a Director. The Director of a Bureau shall, under the direction of the Director-General, preside over the Bureau affairs and direct and control the functions of each section of the Bureau.

Article 12. The Minister of Transportation may establish Maritime Safety offices at the places deemed necessary and allot the functions of the Maritime Safety Board to such offices.

Article 13. The Director of the Hydrographic Bureau of the Maritime Safety Board may issue a hydrographic notification.

Article 14. Maritime Safety officials shall be stationed in the Maritime Safety Board by virtue of this Act and shall be caused to perform the functions specified in Article 7, items 2 to 5 and items 7 to 13 inclusive, as well as those concerning the survey of waterways and meteorological observation and maintenance and operation of lighthouses and other navigational aids, including hydrographic surveys. Maritime Safety officials shall be appointed by the Minister of Transportation from among those personnel of the Maritime Safety Board who have been appointed in accordance with the provisions of Article 3 or Article 36 of this Act.

Article 15. Maritime Safety officials, in case they are engaged in accordance with this Law, in enforcing any law or order, shall be deemed, as far as their authorities are concerned, to be acting as agents of the particular executive department charged with the administration of the particular law and be subject to all the rules and regulations promulgated by such department with respect to the enforcement of that law.

Article 16. Whenever necessary for the performance of the functions referred to in Article 7, item 4, or for the arrest of a criminal, a maritime safety official may call upon the persons nearby for cooperation.

Article 17. A Maritime Safety official may, when necessary for the performance of his duties, direct a shipmaster of other persons in charge of a vessel to produce the ship's official papers;to visit and inspect the vessel for the purpose of ascertaining her identity, her hailing port;name of masters from what port or place she last sailed, for what port or place she is bound;the nature of her cargo, or that she is light or in ballast, if such be the case, and all other particulars concerning the vessel, her cargo, and any voyage that he may consider to be of importance;to question crew and passengers as to what may be necessary in the discharge of his duties. When a Maritime Safety official visits and inspects a vessel or asks a question as mentioned in the preceding paragraph, he shall have a uniform on or carry with him a certificate testifying to official position.

Article 18. A Maritime Safety official may, whenever deemed actually unavoidable from various circumstances for the performance of his duties, take any of the following measures, besides those specified in other laws and orders in regard to the performance of his functions: 1. To make a vessel stop proceeding or to suspend her departure; 2. To make a vessel deviate from her pre-determined route or to make her sail to a port which she designates; 3. To make the crew, passengers or other persons on board disembark the vessel or to restrict or prohibit their disembarkation; 4. To cause the cargo to be discharged or to restrict or prohibit its discharge; 5. To restrict or prohibit the traffic between vessels or between a vessel and shore, when such vessel or vessels are under quarantine, undergoing investigation, are under seizure or constitute a menace to life.

Article 19. A Maritime Safety official may carry side arms with him in order to perform his functions.

Article 20. A Maritime Safety official shall not use arms except in cases where the use is unavoidably necessary for the execution of his duties with particular reference to protecting his own or other persons life or body.

Article 21. The Captain of the Port shall be appointed by the Minister of Transportation from among the personnel of the Maritime Safety Board who have been appointed pursuant to the provisions of Article 3 or Article 36 of this Law. The Captain of the Port shall handle the matters for the enforcement of the Port Regulations Law under the direction and supervision of the Director-General of the Maritime Safety Board.

Article 22. The Minister of Transportation shall appoint Commissioners for the Inquiry of Sea Casualties from among the personnel of the Maritime Safety Board who have been appointed in accordance with the provisions of Article 3. Commissioners for the Inquiry of Sea Casualties shall perform the functions specified in Article 7, item 6 under the direction and supervision of the Director-General of the Maritime Safety Board.

Article 23. Operating Regulations for the government of the personnel of the Maritime Safety Board shall be established by the Minister of Transportation and shall conform to existing laws and regulations governing the status of National Public Servants.

Article 24. For the purpose of maintaining navigational aids, prevention of smuggling and assistance to distressed mariners the Director-General, Maritime Safety Board shall assign vessels to stations and designate districts or coastal area of which it is to be charged, as may be necessary.

Article 25. Nothing in this Law shall be construed so as to permit the Maritime Safety Board or its personnel to be trained or organized as a military establishment or to function as such.

Chapter II Maritime Safety Committee

Article 26. For the purpose of deliberating on the matters concerning the operation and improvement of the maritime safety system, Maritime Safety Committees shall be established in the Maritime Safety Board. Maritime Safety Committees shall be divided into the Central Maritime Safety Committee and the Local Maritime Safety Committees. The Central and Local Maritime Safety Committees may not only reply to the questions of the Director-General of the Maritime Safety Board but also express the opinion on the operation and improvement of the maritime safety system to the Director-General of the Maritime Safety Board.

Chapter III Mutual Aid

Article 27. The Maritime Safety Board and the police authorities, the customs and other administrative authorities concerned shall maintain liaison and may, when deemed necessary for the prevention and suppression of crimes and search for, and arrest of criminals, consult and coordinate with each other and request each other to dispatch the personnel concerned or to render other necessary cooperation. The Maritime Safety Board, the police authorities or the customs or other administrative authorities concerned who have been requested cooperation as mentioned in the preceding paragraph may comply with such request.

Article 28. In the case contemplated in the preceding Article, the personnel who has been dispatched shall be caused to come under the operational direction of the administrative authorities who have requested such dispatch.

Chapter IV Additional Provisions

Article 29. The Director-General of the Maritime Safety Board may delegate part of his functions and duties to some of the personnel under his jurisdiction.

Article 30. In cases where the Director-General of the Maritime Safety Board is unable to discharge his duties or where the post of the Director-General of the Maritime Safety Board has become vacant, other officials of the said Board shall temporarily perform the duties of the Director-General of the Maritime Safety Board in the order as shall be designated by the Minister of Transportation.

Article 31. A Maritime Safety official who has been appointed from among second class secretaries or technical officials of the Ministry of Transportation shall be deemed to have within his field of jurisdiction the powers and authority of a senior police official as provided for in Article 248 of the Criminal Procedure Code and a Maritime Safety Official who has been appointed from among third class secretaries or technical officials of the Ministry of Transportation shall be deemed to have within his field of jurisdiction the powers and authority of a police official as provided for in Article 249 of the same Code.

Article 32. Officers and ratings of patrol boats shall be deemed equivalent to police officials in respect of the application of Article 4, par.1 of the Labor Union Law and Article 38 of the Labor Relations Adjustment Law.

Article 33. Other than the provisions of this Law, the classification of personnel of the Maritime Safety Board, their functions, the organization of the Maritime Safety Committee, the qualifications and term of office of the members of the Committee and other necessary matters concerning the personnel of the Maritime Safety Board and the Maritime Safety Committee shall be provided for by Cabinet Order.

Supplemetary Provisions:

Article 34. The date of the enforcement of this Law shall be fixed by Cabinet Order;provided that the date shall not be after May 1, 1948.

Article 35. The Maritime Safety Board shall, for the time being, perform the functions concerning the custody of ex-naval vessels. The functions mentioned in the preceding paragraph shall be under the jurisdiction of the Safety Bureau of the Maritime Safety Board.

Article 36. Pending the establishment of rules of the National Personnel Commission concerning its personnel, the appointment, promotion, discipline and dismissal of such personnel shall conform for the time being to existing law and regulations.

Article 37. Nothing in this Law shall be construed as an authorization for the employment of additional personnel over and above the fixed number of the personnel being employed, to carry on the functions and activities enumterated in this Act untli funds are provided in the budget.

Article 38. With specific regard to the lighthouse supply ship No.18 NISHO MARU (2005 gross tons) and the hydrographic survey ship SOYA (2207 gross tons) the gross tonnage for individual vessel may exceed 1,500 gross tons displacennent so long as these two vessels exist notwithstanding the limitations established by paragraph 2 of Article 3.

Article 39. The Provisions of any law or ordinance existing at the time of enactment of this Law shall be null and void for the future, so far as they are in conflict with the provisions of this Law except any such laws or ordinances issued pursuant to instructions of the Supreme Commander of Allied powers shall remain in full force and effect.

Article 40. A part of the Regulations governing the Organization of the Ministry of Transportation shall be amended as follows: In Article 1, "excepting the matters which are under the jurisdiction of the Maritime Safety Board" shall be added next to the "Minister of Transportation" In Article 2, "(The matters under the jurisdiction of the General Maritime Bureau shall be excluded)" shall be deleted. In Article 5, item 1, "Waterways, aids to navigation and other matters concerning water transportation" and item 4 of the same Article shall be deleted and item 5 of the same Article shall be item 4.

Article 41. The following amendment shall be made to a part of the Regulations governing the Organization of the Maritime Bureau. In Article 1, item 1. "the matters concerning routes and other water transportation provided that the matters concerning aids to navigation shall be excluded" shall read "other matters concerning water transportation;provided that the matters under the jurisdiction of the maritime Safety Board shall be excluded" . Item 2 of the same Article shall be deleted, item 3 shall be item 2 and item 4 shall be item 3. Item 5 shall be deleted and item 6 shall be item 5.

Article 42. Part of the Sea Casualties Inquiry Law shall be amended as follows:

Articles 17 and 18 shall be deleted.

In Article 28, "those offices of the Maritime Safety Board as provided for in Article 12 of the Maritime Safety Board Law which exercise jurisdiction over the location (hereinafter referred to as the offices of the Maritime Safety Board)" shall be added next to "the Local Marine Courts of Inquiry." In Article 29, "the High Marine Court of Inquiry" shall read "the Safety Bureau, Maritime Safety Board." In Article 30, "the Local Marine Court of Inquiry" shall read "the office of the Maritime Safety Board." In Article 54, "Commissioner of the High Marine Court of Inquiry" shall read "Commissioner of the Safety Bureau of the Maritime Safety Board."

Article 58. The decision of the High Marine Court of Inquiry shall be executed by the Commissioner of the Safety Bureau, Maritime Safety Board and the decision of the Local Marine Court of Inquiry by the Commissioner of those offices of the Maritime Safety Board which exercise jurisdiction over the location of the competent Local Marine Court of Inquiry.

Article 43. Both of the Regulations governing the Organization of the Lighthouse Bureau and the Regulations governing the Organization of the Hydrographic Bureau shall be abolished.