The Merchant Shipping (Navigational Equipment) Regulations 1993

Interpretation, revocation and application

2.—(1) In these Regulations the following expressions have the following meanings respectively:

“Category A, B or C Waters” means any water not being the sea or Category D Waters and, in particular, means waters of any of the areas specified in column 2 of the Annex to Merchant Shipping Notice No. M1504;

“Category D Waters” means, as respects any period specified in the Annex to Merchant Shipping Notice No. M1504, the waters of the areas specified in column 3 of that Annex;

“constructed” in respect of a ship means a stage of construction where:

(a)

the keel is laid; or

(b)

(i)

construction identifiable with a specific ship begins, and

(ii)

assembly of that ship has commenced comprising at least 50 tonnes or 1 per cent of the estimated mass of all structural material, whichever is less;

“interference” has the same meaning as in section 19(4) of the Wireless Telegraphy Act 1949(1);

“international voyage” means a voyage from a port in one country to a port in another country;

“maintenance” means any activity intended to keep an installation in satisfactory working condition and includes tests, measurements, replacements, adjustments and repair;

“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;

“the Organisation” means the International Maritime Organisation;

“Passenger Certificate Class II(A)” means a certificate issued under or pursuant to the Merchant Shipping Acts 1894 to 1988 for passenger ships engaged on voyages of any kind other than international voyages;

“Passenger Certificate Class III” means a certificate so issued for passenger ships engaged only on voyages in the course of which they are at no time more than 70 miles by sea from their point 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;

“Passenger Certificate Class IV” means a certificate so issued for passenger ships engaged only on voyages in Category A, B, C and D Waters;

“Passenger Certificate Class V” means a certificate so issued for passenger ships engaged only on voyages in Category A, B and C Waters;

“Passenger Certificate Class VI” means a certificate so issued for passenger ships engaged on voyages with not more than 250 passengers on board, to sea, or in Category 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;

“Passenger Certificate Class VI(A)” means a certificate so issued for 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 subject to any conditions which the Secretary of State may impose;

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

“pleasure craft” means a vessel primarily used for sport or recreation;

“radar watch” means observing displayed radar information, the frequency of observation depending upon the prevailing conditions;

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

(a)

from the 1st 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 ships;

“safe distance”, in relation to a unit of equipment, means the minimum distance, approved by the Secretary of State and specified on that unit, at which the unit should be installed from a magnetic compass, in order to minimise deviation to the compass;

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

“tanker” means a cargo ship constructed or adapted for the carriage in bulk of liquid cargoes of a flammable nature;

“tons” means gross tonnage and shall be:

(a)

for a ship having alternative gross tonnages under paragraph 13 of Schedule 5 of the Merchant Shipping (Tonnage) Regulations 1982(2) the larger of those tonnages;

(b)

for a ship having its tonnage determined both under Part II and regulation 16 of those Regulations its gross tonnage as determined under regulation 16;

“voyage” includes an excursion.

(2) (a) Reference in these Regulations to any performance standard adopted by the Organisation (referred to in regulations 11, 16, 19(1), 28, 30, 32, 37, 39 and 43 hereof) and to any relevant performance standard shall be construed as references to the standards specified as such in Merchant Shipping Notice No. M[1513] which are appropriate for that equipment.

(b) For the purposes of these Regulations, the results of verifications and tests carried out by the bodies and laboratories of other member States offering suitable and satisfactory guarantees of technical and professional competence and independence shall be accepted.

(3) These Regulations shall apply in relation to ships (except pleasure craft and fishing vessels) which are:

(a) sea-going United Kingdom ships, other than passenger ships, of 150 tons or over;

(b) United Kingdom passenger ships other than those having Passenger Certificates of Class V; and

(c) other sea-going ships of 150 tons or over while they are within the United Kingdom or the territorial waters thereof.

(4) A rigidly connected composite unit of a pushing vessel and associated pushed vessel, when designed as a dedicated and integrated tug and barge combination, shall be regarded as a single ship for the purpose of these Regulations.

(5) The Merchant Shipping (Navigational Equipment) Regulations 1984(3) and the Merchant Shipping (Navigational Equipment) (Amendment) Regulations 1985(4) are hereby revoked.

(1)

1949 c. 54.

(2)

S.I. 1982/841.

(3)

S.I. 1984/1203, amended by S.I. 1985/659.

(4)

S.I. 1985/659.