The Merchant Shipping (Radio) (Fishing Vessels) Regulations 1999

Revocations and amendment of Rules and Regulations

2.—(1) Except in relation to non-Directive fishing vessels which are registered in the United Kingdom, the following Rules are hereby revoked:

• The Merchant Shipping (Radio) (Fishing Vessels) Rules 1974(1);

• The Merchant Shipping (Radio) (Fishing Vessels) (Amendment) Rules 1982(2); and

• The Merchant Shipping (Radio) (Fishing Vessels) (Amendment) Rules 1994(3).

(2) The Fishing Vessels (Safety Provisions) Rules 1975(4) shall be amended by substituting for Rule 125A the following:

“Radio Surveys

125A.   A surveyor appointed in accordance with rule 125C shall carry out a survey (a “radio survey”) to ascertain whether the vessel complies with such of the following requirements as apply to it, viz:

• Rules 78(3)(a) and 79(b) of these Rules;

• the Merchant Shipping (Radio) (Fishing Vessels) Regulations 1999(5).”.

(3) The Fishing Vessels (Life-Saving Appliances) Regulations 1988(6) shall be amended by omitting:

(a) in regulation 2(1) the following definitions:

• “EPIRB”;

• “expiry date”;

(b) regulation 3; and

(c) in regulation 8(1) “3,”.

(4) The Fishing Vessels (EC Directive on Harmonised Safety Regime) Regulations 1999(7) shall be amended as follows:

(a) in regulation 2, after the definition of “operating” there shall be inserted:

““Radio Regulations” means the Merchant Shipping (Radio) (Fishing Vessels) Regulations 1999;”;

(b) in regulation 11(2), for “Regulation II(3)(a) or (b)” there shall be substituted “Regulation 11(5)(a) or (b) of Chapter I”;

(c) at the end of regulation 14, there shall be added:

“(3) If the owner or skipper of a fishing vessel fails without reasonable excuse to comply with a requirement made under regulation 11(2) above, he shall be liable on summary conviction to a fine of an amount not exceeding level 2 on the standard scale.

(4) Any contravention of regulation 11(3) above shall be an offence punishable on summary conviction by a fine not exceeding the statutory maximum and on conviction on indictment by imprisonment for a term not exceeding two years and a fine.”;

(d) in Schedule 3, for the heading there shall be substituted:

“MODIFICATIONS OF THE PROVISIONS OF THE ANNEX TO THE TORREMOLINOS PROTOCOL

PART I

Modifications introduced by Annexes I to IV to the Council Directive”; and

(e) in Schedule 3, after paragraph 42 there shall be added:

“PART II Other modifications

CHAPTER I—GENERAL PROVISIONS

1.   In Regulation 6(1)(b)(iii), for “Chapters VII, IX and X” there shall be substituted “Chapters VII and X and in the Radio Regulations”.

CHAPTER IV—MACHINERY AND ELECTRICAL INSTALLATIONS AND PERIODICALLY UNATTENDED MACHINERY SPACES

2.   In Regulation 17(2), for sub-paragraph (a) there shall be substituted:

“(a) the VHF radio installation required by regulation 10(a) and (b) of the Radio Regulations, and if applicable:

(i) the MF radio installation required by regulation 12(1)(a) and (b) and regulation 13(1) paragraphs (b) and (c) of ALTERNATIVE A of the Radio Regulations;

(ii) the ship earth station required by regulation 13(1) paragraph (a) of ALTERNATIVE A of the Radio Regulations; and

(iii) the MF/HF radio installation required by regulation 13(1) paragraphs (a) and (b) of ALTERNATIVE B and regulation 14 of the Radio Regulations;”.

CHAPTER VII—LIFE-SAVING APPLIANCES AND ARRANGEMENTS

3.   In the footnote reference “••” to Regulation 14(1), for “Regulation IX/6(1)(c)” there shall be substituted “regulation 10(c) of the Radio Regulations”.”.

(1)

S.I. 1974/1919, amended by S.I. 1982/1292 and 1994/1104.

(2)

S.I. 1982/1292.

(3)

S.I. 1994/1104.

(4)

S.I. 1975/330; relevant amendments are S.I. 1991/1342, 1996/2419 and 1999/2998.

(5)

S.I. 1999/XXXX.

(6)

S.I. 1988/38, amended by S.I. 1998/927 and 1999/2998.

(7)

S.I. 1999/2998.