The Merchant Shipping (Life-Saving Appliances for Passenger Ships of Classes III to VI (A)) Regulations 1992

PART I PRELIMINARY

Citation, commencement, and revocation:

1.—(1) These Regulations may be cited as the Merchant Shipping (Life-Saving Appliances for Passenger Ships of Classes III to VI(A)) Regulations 1992 and shall come into force on 31st October 1992: Provided that the said Regulations shall not have effect:

(a) Subject to (b) below, in relation to a vessel whose keel was laid or which was at a similar stage of construction:

(i) before 1st January 1940, until 1st April 1994;

(ii) on or after 1st January 1940 but before 31st December 1962, until 1st April 1995;

(iii) on or after 1st January 1963 but before 31st December 1974, until 1st April 1996;

(iv) on or after 1st January 1975 but before 31st August 1984, until 1st April 1997; and

(v) on or after 1st September 1984 but before 31st October 1992, until 1st April 1998.

(b) in the case of the requirements of regulations 7(4), 8 and 9 relating to the carriage of lifejackets, until 31st October 1993 for all ships.

(2) The Merchant Shipping (Life-Saving Appliances) Regulations 1980(1)are hereby revoked to the extent that they apply to United Kingdom ships of Class III, IV, V, VI and VI(A).

Interpretation

2.—(1) In these Regulations:

(a) a reference to a numbered Schedule is, unless otherwise stated, a reference to the Schedule of that number in these Regulations;

(b) a reference to a numbered regulation is, unless otherwise stated, a reference to the regulation of that number in these Regulations;

(c) a reference in a regulation to a numbered paragraph is, unless otherwise stated, a reference to the paragraph of that number in that regulation;

(d) a reference in these Regulations to “the standard of survivability” refers to the standard of survivability given in column 4 of table 1 or table 2, paragraph 12 of Part IV of Schedule 1 of the Merchant Shipping (Passenger Ship Construction and Survey) Regulations 1984(2). A reference to a one compartment standard means a unity factor of subdivision and a reference to a two compartment standard means a 0.5 factor of subdivision. In the case of ships built before 1 September 1984 the ship shall be treated as complying with the standard of survivability appropriate to that ship had it been built after that date but before the 31st October 1992; and

(e) any reference in these Regulations to a British Standard shall also include a reference to the equivalent CEN Standard that may be published and shall also include a reference to any document amending that publication which is considered by the Secretary of State to be relevant.

(2) Notwithstanding anything in these Regulations, for existing ships life-saving appliances already fitted which comply with the standards laid down in the Schedules to the Merchant Shipping (Life-Saving Appliances) Regulations 1980 will be treated as meeting the requirements of these Regulations, to the extent appropriate.

(3) In these Regulations:

“buoyancy aid” means a device, intended to be worn, complying with the requirements of Part IV of Schedule 10;

“buoyant apparatus” means flotation equipment (other than lifebuoys, lifejackets and buoyancy aids) designed to support persons who are in the water and complying with the requirements of Schedule 13;

“buoyant lifeline” means a line complying with the requirements of Part IV of Schedule 9;

“buoyant smoke signal” means a pyrotechnic signal complying with the require ments of Part III of Schedule 8;

“cargo ship” means any ship which is not a passenger ship, pleasure craft or fishing vessel;

“Category A, B, C and D waters” means the waters specified as such in Merchant Shipping Notice M 1504; and cognate expressions shall be construed accordingly;

“date of expiry” in relation to any product referred to in Schedules 8 and 9 means a date within 3 years from the date of manufacture of that product;

“embarkation ladder” means a ladder complying with the requirements of Part V of Schedule 6 provided at embarkation stations to permit safe access to survival craft after launching;

“existing passenger ship” means a passenger ship the keel of which was laid before 31st October 1992 or which was at a similar stage of construction;

“favourable weather” means fine, clear settled weather with a sea state such as to cause only moderate rolling and/or pitching;

“float-free launching” means that method of launching a liferaft whereby the liferaft is automatically released from a sinking ship and is ready for use complying with Part VI of Schedule 4;

“general emergency alarm system” means a system complying with the require ments of Schedule 12;

“inflatable lifejacket” means a lifejacket complying with the requirements of Part II of Schedule 10;

“inflatable Civil Aviation Authority Lifejacket” means a lifejacket which has been approved by the United Kingdom Civil Aviation Authority;

“inflated boat” means a boat complying with the requirements of Schedule 3 and suitable for rescuing persons in distress and to marshall liferafts;

“instructions for on-board maintenance” means the instructions complying with the requirements of Part II of Schedule 11;

“launching appliance” means a provision complying with the requirements of Part I and the relevant requirements of Parts II, III or IV of Schedule 6 for safely transferring a lifeboat and rescue boat, liferaft or inflated boat respectively, from its stowed position to the water and recovery where applicable;

“length” means 96% of the total length on a waterline of a ship at 85% of the least moulded depth measured from the top of the keel, or the length from the fore-side of the stem to the axis of the rudder stock on that waterline, if that be greater. In ships designed with a rake of keel the waterline on which this is measured shall be parallel to the designed waterline;

“lifeboat” means a lifeboat complying with the requirements of Parts I and II of Schedule 1;

“lifebuoy” means a lifebuoy complying with the requirements of Part I of Schedule 9;

“lifejacket” means a lifejacket complying with the requirements of Parts I or II of Schedule 10;

“liferaft” means a liferaft complying with the requirements of Part I of Schedule 4;

“line throwing appliance” means an appliance complying with the requirements of Part IV of Schedule 8;

“marine escape system” means a system complying with the requirements of Schedule 5;

“Merchant Shipping Notice” means a Notice described as such and issued by the Department of Transport; and any reference to a particular Merchant Shipping Notice includes a reference to any document amending or replacing that Notice which is considered by the Secretary of State to be relevant from time to time and is specified in a Merchant Shipping Notice;

“mile” means a nautical mile of 1852 metres;

“new passenger ship” means a passenger ship the keel of which is laid, or which is at a similar stage of construction, on or after 31st October 1992. A cargo ship, whenever built, which is converted to a passenger ship shall be treated as a passenger ship, the keel of which is laid or which is at a similar stage of construction, on the date on which such a conversion commences;

“open reversible liferaft” means a liferaft complying with the requirements of Part II of Schedule 4;

“passenger ship” means a ship carrying more than 12 passengers;

“person” means a person over the age of one year;

“rescue boat” means a boat complying with the requirements of Parts I, II or III of Schedule 2 and designed to rescue persons in distress and to marshal liferafts;

“restricted period” means a period falling wholly within the following limits:

(a)

from 1 April to 31st October, both dates inclusive; and

(b)

between one hour before sunrise and one hour after sunset in the case of ships fitted with navigation lights conforming to the collision regulations and between sunrise and sunset in the case of any other ship;

“retro-reflective material” means a material which reflects in the opposite direction a beam of light directed on it and complies with the Merchant Shipping Notice No. M1444;

“rocket parachute flare” means a pyrotechnic signal complying with the require ments of Part I of Schedule 8;

“Satellite EPIRB” means an emergency position-indicating radio beacon, being an earth station in the mobile-satellite service, the emissions of which are intended to facilitate search and rescue operations and is capable of:

(a)

floating free if the ship sinks,

(b)

being automatically activated when afloat,

(c)

being manually activated, and

(d)

being carried by one person;

“sea” does not include any waters of Category A, B, C or D;

“self-activating smoke signal” means a signal complying with the requirements of Part III of Schedule 9;

“self-igniting light” means a light complying with the requirements of Part II of Schedule 9;

“similar stage of construction” means the stage at which construction identifiable with the ship begins and assembly has commenced, comprising at least 50 tonnes or one per cent of the estimated mass of all structural materials, whichever is less;

“survival craft” means a craft capable of sustaining the lives of persons in distress from the time of abandoning the ship;

“training manual” means a manual complying with the requirements of Part I of Schedule 11;

“two-way radiotelephone set” means a portable two way VHF radiotelephone apparatus or a fixed VHF installation in survival craft for communication between survival craft, between survival craft and ship and between ship and rescue boat;

“voyage” includes an excursion;

“waterproofed” means protected as far as is practicable from the ingress of water.

Classification of Ships

3.  For the purposes of these Regulations ships shall be arranged in the following classes:

• Class III. Passenger ships engaged only on voyages in the course of which they are at no time more than 70 miles by sea from their port of departure and not more than 18 miles from the coast of the United Kingdom, and which are at sea only in favourable weather and during restricted periods.

• Class IV. Passenger ships engaged only on voyages in Category A, B, C and D waters.

• Class V. Passenger ships engaged only on voyages in Category A, B and C waters.

• Class VI. Passengers ships engaged only on voyages with not more than 250 passengers on board, to sea, or in Cateogry A, B, C and D waters, in all cases in favourable weather and during restricted periods, in the course of which the ships are at no time more than 15 miles, exclusive of any Category A, B, C and D waters, from their point of departure nor more than 3 miles from land.

• Class VI(A). Passenger ships carrying not more than 50 passengers for a distance of not more than 6 miles on voyages to or from isolated communities on the islands or coasts of the United Kingdom and which do not proceed for a distance of more than 3 miles from land.

Application

4.  These Regulations apply to United Kingdom ships when operating as passenger ships of Classes III, IV, V, VI and VI(A).

(1)

S.I. 1980/538; to which there are amendments not relevant to these Regulations.

(2)

S.I. 1984/1216; these tables were inserted by the Merchant Shipping (Passenger Ship Construction and Survey) (Amendment) Regulations 1992 (S.I. 1992/2358).