The Merchant Shipping (Local Passenger Vessels)(Masters' Licences and Hours, Manning and Training) Regulations 1993

Explanatory Note

(This note is not part of the Regulations)

These Regulations impose requirements in relation to local passenger vessels (that is, broadly, United Kingdom ships which carry more than 12 passengers, and operate in only Category A, B, C or D waters or, if at sea, not more than 3 miles from land).

The requirements concern the licensing of masters of such vessels (Part II of the Regulations), the hours of work of such masters (Part III), and the manning of such vessels and the training of the crew in emergency procedures (Part IV).

Part I of the Regulations consists of regulations 1 to 3, which make provision of a general nature.

Part II (Masters' Licences), which also applies to certain passenger vessels registered elsewhere than in the United Kingdom, consists of regulations 4 to 9. Regulation 4 requires a master to be qualified by holding a certificate (referred to as a “licence”) granted by the Secretary of State.

Regulation 5 provides for the method of applying for a licence, and for qualifying standards and conditions. It also requires the Secretary of State to issue a licence under Part II on application by the holder of a boatman’s licence issued by the Department of Transport under existing non-statutory arrangements. Regulation 6 provides for a licence to be of one of three grades, and for the imposing of restrictions as to areas of operation. Regulation 7 makes the validity of a licence subject to continuing compliance with the qualifying standards and conditions.

Regulations 8 and 9 provide for administrative matters, and for the issue of copies of licences which have been lost.

Part III (Masters' Hours) consists of regulations 10 to 13. Regulation 10 provides for the interpretation of Part III, and regulation 11 for the persons to whom Part III is to apply.

Regulation 12 establishes a code of working hours. The working day is not to exceed 16 hours, and there must be at least 8 hours between one working day and the next. The time spent conning vessels is not to exceed 10 hours within any working day; and a master must not be on duty for more than 6 hours together (including any breaks of less than 30 minutes) without having a break of 30 minutes. Regulation 13 makes contravention of the code an offence.

Part IV (Manning and Training) consists of regulations 14 to 16. Regulation 14 requires owners of vessels to notify the Secretary of State of the number of crew additional to the master needed for the geographical limits within which the vessel proposes to ply, and whether one such additional crew is to be licensed. The Secretary of State is empowered to approve the arrangements, and it is an offence for the vessel to go to sea without such an approval. Regulation 15 provides for the establishing of emergency procedures and for the master and crew to have received on-board training in such procedures and makes contravention of these requirements on offence on the part of the owner. Regulation 16 enables the vessel to be detained if there is a contravention of Part IV.

Other relevant offences under the Merchant Shipping Act 1970 are—

Offence	Maximum fine
(a) making a false statement to obtain a certificate or other document (section 43(5)):	£5,000 on summary conviction;
(b) ship going to sea or plying undermanned (sections 45 and 96(1)):	£5,000 on summary conviction; no maximum on conviction on indictment.

Under section 44 of that Act the Secretary of State is empowered to exempt vessels from the manning requirements.

Merchant Shipping Notices are obtainable from the Marine Library, Department of Transport, Spring House, 105 Commercial Road, Southampton SO1 0ZD, or from any Department of Transport Marine Office.