Port Regulation Law
法令番号: 法律第174号
公布年月日: 昭和23年7月15日
法令の形式: 法律
I hereby promulgate the Port Regulations Law.
Signed:HIROHITO, Seal of the Emperor
This fifteenth day of the seventh month of the twenty-third year of Showa (July 15, 1948)
Prime Minister ASHIDA Hitoshi
Law No.174
Port Regulation Law
Chapter I. General Provisions
(Object of Law)
Article 1. This Law shall have for its object to secure the safety of navigation of vessels, and to muntain good order within all ports.
(Area of Port)
Article 2. The areas of ports shall be defined by a separate Law.
(Definition)
Article 3. By the term "miscellaneous vessels" as is used in this Law is meant launches, lighters, small boats and all kinds of ships and boats wholly or chiefly propelled by oars.
By the term "special port" is meant a part which is capable of admitting deep draft vessels and is customarily used for foreign vessels. A list of special parts is annexed hereto.
Chapter II. Port Where Ships go in and out, and Anchorage
(Report on Entrance and Departure)
Article 4. A vessel which has entered a special port or which intends to clear a special port shall make a report to the captain of the port in accordance with the provisions of Ministerial Ordinance.
(Anchorage)
Article 5. Vessels anchoring in a special port shall anchor within the specified area of the said special port according to their respective tonnages or kinds of cargoes, in accordance with the provisions of a Ministerial Order.
As to vessels specified by a Ministerial Order, the captain of the port shall designate their anchorage in cases where they enter any of the special ports as prescribed by a Ministerial Order. In such case, the captain of the port shall designate their anchorage within the specific area mentioned in the preceding paragraph, so far as there exist no special circumstances.
The captain of the port may, when deemed especially necessary, designate the anchorage for an entering vessel, even in any of the special ports other than those provided for in the preceding paragraph.
The vessel for which the anchorage has been designated in accordance with the provisions of the preceding two paragraphs shall anchor in the anchorage concerned notwithstanding the provisions of paragraph 1.
In assigning the anchorage, the captain of the port shall take into consideration of the views of the persons in charge of mooring buoys, pier and other facilities.
(Restriction on Entrance at Night)
Article 6. A vessel whose anchorage shall be designated in accordance with the provisions of paragraph 2 of the preceding Article shall not, except in the case where the permission of the captain of the port has been obtained or where the vessel intends to ave t a sea disaster or where there exist unavoidable circumstances, enter any of the ports provided for in the same paragraph, during the period between sunset and sunrise.
(Restriction on Shifting)
Article 7. Any vessel other than miscellaneous vessels shall not, without the permission of the captain of the port except in cases as contemplated in Art.4, Art.8, par.1, Art.10 and Art.23 inclusive, shift her anchorage from the definite area where the said vessel has anchored according to the provisions of Article 5, paragraph 1, nor change her anchorage designated by the captain of the port;but this shall not apply to cases where the vessel intends to avert a sea disaster or where there exist unavoidable circumstances.
In cases where a vessel has changed her anchorage in accordance with the provisions of the provisions of the preceding paragraph, the said vessel shall, without delay, make a report to the captain of the port to that effect.
(Repairing and Mooring)
Article 8. A person intending to repair or to moor any vessel other than miscellaneous vessels in a special port shall make a report to the captain of the port to that effect.
Within a special port, a vessel under repairs or at her mooring shall anchor in the place as designated by the captain of the port.
If the captain of the port deems it necessary, in order to prevent the vessel under repairs or at anchor from being endangered, he may order a proper number of mariners to be on board the vessel.
(Restriction on Mooring, etc.)
Article 9. Within a port, any miscellaneous vessel or raft shall not, without justifiable reasons, be moored to a mooring buoy, or any other vessel, nor shall it be caused to anchor or stay in such a place as to threaten the safety of navigation of any other vessel.
(Order concerning Shifting)
Article 10. The captain of the port may, when deemed especially necessary, order a vessel at anchor in a special port to change her anchorage.
(Registriction on Anchoring)
Article 11. Necessary matters concerning the area in a special port wherein anchoring or temporary stay of any vessel is prohibited, or the method of anchoring shall be prescribed by a Ministerial Ordinance.
Chapter III. Route and Rules of Sailing
(Route)
Article 12. Any vessel other than miscellaneous vessels shall not enter, clear or pass through a special port, without keeping the route prescribed by a Ministerial Ordinance (hereinafter referred to as the route), except in cases where the said vessel intends to avert a sea disaster or where there exist unavoidable circumstances.
Article 13. Any vessel shall not, except in any of the following cases, anchor or release a vessel towed within a route:
1. In cases where a vessel intends to avert a sea disaster;
2. In cases where a vessel has lost the command of the control;
3. In cases where a vessel is engaging in rescue of human life or in salving a vessel in impending danger;
4. In cases where a vessel is engaging in some constructing work or operation with the permission of the captain of the port us provided for in Article 31.
(Sailing)
Article 14. Any vessel intending to enter from the outside of a route into the inside thereof of from the inside of a route to the outside there of shall keep out of the way of another vessel sailing on the route.
Any vessel shall not sail in parallel with another vessel within a route.
In narrow routes every vessel shall, when it passes by another vessel, keep to that side of the routes which liss on the standard side of such vessel.
Any vessel shall not overtake another vessel on a route.
The provisions of the two preceding paragraphs shall not apply in such case as specified by a Ministerial Ordinance in respect of definite special ports.
Article 15. In cases where steamships, are likely to meet with other steamsphips at or around the entrance to the breakwater of a port, the entering steamship shall keep out of the way of the clearing steamship outside the breakwater.
Article 16. Any vessel shall sail, within or around the boundary of a port, in an appropriate speed and manner so as to entail no danger to other vessels.
A sailing vessel shall sail, by decreasing the number of sails, or being towed by a tugboat within a port.
Article 17. Within a port, any vessel sighting one end of a breakwater, quay, other structure or mooring vessels on her starboard side shall sail approaching it as near as practicable and any vessel sighting it on her port side shall sail departing from it as far as practicable.
Article 18. A miscellaneous vessel shall, within a port, keep out of the way of steamship or sailing vessel.
Article 19. The Minister of Transportation may establish the special rules of sailing in definite special ports by a Ministerial Order, in addition to those provided for in the preceding five Articles.
Article 20. The rules of sailing in a port, other than those stipulated in this Chapter, Article 14, paragraph 5, and the Order mentioned in the preceding Article, shall coincide with those provided for in the Law for the Prevention of Collision at Sea (Law No.5 of 1892).
Chapter IV. Dangerous Objects
Article 21. No vessel loaded with explosives, inflammables, or other dangerous objects (except those used by the Vessel concerned. The same shall apply hereinafter), shall enter a special port except by the permission and under the directions of the captain of the port outside the boundary of the port.
The definition and restrictions pertaining to explosives and other dangerous objects as provided for in the preceding paragraph shall be specified by a Ministerial Ordinance.
Article 22. Within a special port the movement of vessels referred to in the preceding Article shall be under the control of the captain of the port except in case where the anchorage of a ship shall be designated;provided that the captain of the port has, in view of the duration of anchorage, kind, and quantity of dangerous cargo and the methods of safeguarding, permitted a vessel or vessels to move without formal permission.
Article 23. Any vessel shall not, in a special port, load, unload or tranship dangerous objects, without the permission of the captain of the port.
The captain of the port may, when he deems it improper to do such cargo works in a special port as provided for in the preceding paragraph, give the permission as mentioned in the preceding paragraph, by designating a proper place outside the boundary of the port.
Any vessel mooring or temporarily staying at the place designated according to the provisions of the preceding paragraph shall be deemed to be staying in the boundary of a port.
Any vessel shall not, without the permission of the captain of the port, transport dangerous objects within or around the boundary of a special port.
Chapter V. Maintenance of Safety of Route
Article 24. The matters concerning the prevention of the harbor and coastal pollution in the Japanese waters shall be datermined by a separate Law.
Article 25. A captain of a vessel in distress within or near the boundaries of a special port shall, without delay, hoist the necessary signal and take such other measures as are necessary to prevent endangering other vessels and shall report the matter as soon as possible to the captain of of the port.
Article 26. In cases where a flotsam, sunken object or any others object threatens the navigation of vessels within the special port or around the boundary of the special port, the captain of the port may order the owner or the possessor there of to clear away such object.
Chapter VI. Lights and Signal
Article 27. Vessels as provided for in Article 7, paragraph 1, items 3 and 4 of the Law for Prevention of Collisions at Sea shall continually hoist, during the navigation at night, such lights as provided for in item 3 or 4 of the same paragraph respectively.
Article 28. A vessel shall not, without justifiable reasons, blow a whistle or horn within the port.
Article 29. Any person who intends to use a signal code other than those provided bylaw within a special port shall apply to the captain of the port for the permission to do so.
Article 30. Those vessels other than miscellaneous vessels which have signal letters shall not enler a post without hoisting these signal letters around the boundary of the port. This shall also apply to the case where a vessel intends to pass through the port.
The vessels as mentioned in the preceding paragraph shall have the signal letters hoisted during the navigation within a port.
Chapter VII. Miscellaneous Provisions
(Permission for Works, etc. and Report on Launch, etc.)
Article 31. Any person intending to perform dredging, salvage, harbour construction or other work that might interfere with or restrict navigation within or near the boundary of a special port, shall obtain the permission of the captain of the port in advance of commencing such works.
The captain of the port may, in giving the permission as mentioned in the preceding paragraph, issue an order concerning necessary measures for the safety of the navigation of vessels.
Article 32. A person intending to hold a boat-race or give other performance within a special port, shall, in advance, obtain the permission of the captain of the port.
Article 33. A person intending to launch, dock or undock a vessel within a special port shall, in advance, make a report to the captain of the port to that effect.
Article 34. A person intending to unload bamboos or lumber from a vessel down to the water within a special port, or to moor or tow a raft shall obtain the permission of the captain of the port.
The captain of the port may, in giving the permission as mentioned in the preceding paragraph, issue an order concerning necessary measures for the fafety of the navigation of vessels.
(Restriction on Fishing)
Article 35. Fishing shall not be performed at such a place as to threaten the safety of the navigation of vessels within a special port.
(Restriction on Light)
Article 36. Any person shall not use a powerful light which treatens the safety of the navigation of vessels within or around the boundary of a port.
The captain of the port may order a person using ful light which threatens the safety of the navigation of vessels within a special port or around the boundary of a special port to reduce the candle power of the light or to cover the light.
(Restriction on Navigation of Vessels)
Article 37. The captain of the port may, when deemed necessary for the safety of the navigation of vessels, restrict or prohibit the navigation of vessels within a special port, by designating the route or area.
The captain of the port shall give a public notice of the route or area designated according to the provisions of the preceding paragraph and the period of the restriction or prohibition as provided for in the same paragraph.
Chapter VIII. Penal Provisions
Article 38. Those who have violated the provisions of Art.22, Art.23, Paragraph 1 or Paragraph 4 shall be subject to imprisonment with hard labor not exceeding six (6) months or a fine not exceeding 5,000 yen.
Article 39. Those who come under any of the following items shall be subject to imprisonment with hard labor not exceeding three (3) months or a fine not exceeding 3,000 yen:
1. Those who have violated the provisions of Art.5, Paragraph 1.
2. Those who have anchored the vessel without being designated as provided for in Article 5, paragraph 2, or who have anchored the vessel at a prace outside of the designated anchorage prescribed in Paragraph 4 of the same Article.
3. Those who have violated the provisions of Art.7, Paragraph 1, Art.12 or Art.13.
4. Those who have violated the disposals as are provided for under the provisions of Art.8, Paragraph 3, Art.10 or Article 37, Paragraph 1.
Article 40. Those who have violated the provision of Article 25 shall be subject to imprisonment with hard labor not exceeding three (3) months or a fine not exceeding 3,000 yen.
Article 41. Those who come under any of the following items shall be subject to imprisonment with hard labor not exceeding three (3) months or a fine not exceeding 3,000 yen:
1. Those who have violated the disposals provided for in Article 26, Article 31, paragraph 2 or Article 36, Paragraph 2.
2. Those who have violated the provisions of Article 31, Paragraph 1.
Article 42. Those who have violated the provisions of Article 4, Article 6, Article 8, paragraph 2, Article 21, Article 30 or Article 35 shall be subject to a fine or a minor fine not exceeding 1,000 yen.
Article 43. Those who come under any of the following items shall be subject to a fine or a minor fine not exceeding 1,000 yen:
1. Those who have violated the provisions of Article 8, paragraph 1, Article 29, Article 32, Article 33 or Article 34, Paragraph 1.
2. Those who have violated the dispasals under Article 34, Paragraph 2.
Article 44. In case any person has violated the provisions of the Ordinance provided for in Art.11, he shall be subject to a fine not exceeding 1,000 yen or detention or minor fives.
Article 45. If the representative of a juridical person, or the agent, employee or any other worker of a juridical or natural person, has come under the penalties specified in Article 41 or 43 in the performance of the business of the juridical or natural person, the juridical or natural person as well as such offender shall be subject to the fine in each Article.
Supplementary Provisions:
The date of the enforcement of this law shall be fixed by a Cabinet Order within the period not exceeding sixty (60) days following the date of its promulgation.
The Regulations for the Open Ports (Imperial Ordinance No.139 of 1898) shall hereby be abolished.
Separate Table:
Wakkanai,
Rumoe,
Nemuro,
Kushiro,
Otaru,
Muroran,
Hakodate,
Aomori,
Hachinohe,
Funakawa,
Kamaishi,
Sakata,
Shiogama,
Niigata,
Ebisu,
Keihin,
Yokosuka,
Shimizu,
Fushiki-Higashiwase,
Nanao,
Nagoya,
Taketoyo,
Tsuruga,
Yokkaichi,
Miyazu,
Maizuru,
Wakayama-Shimotsu,
Tanabe,
Osaka,
Kobe,
Komatsushima,
Sakaide,
Kochi,
Niihama,
Imabari,
Sakai,
Uno,
Hamada,
Onomichi-Itozaki,
Kure,
Hiroshima,
Iwakuni,
Tokuyama-Kudamatsu,
Ube,
Hagi,
Kammon,
Hakata,
Miike,
Karatsu,
Suminoe,
Sasebo,
Nagasaki,
Kuchinotsu,
Izuhara,
Misumi,
Kagoshima.
Minister of Transportation OKADA Seiichi
Prime Minister ASHIDA Hitoshi