The Merchant Shipping (Mandatory Surveys for Ro-Ro Ferry and High Speed Passenger Craft) Regulations 2001

Explanatory Note

(This note is not part of the Regulations)

These Regulations implement Council Directive 1999/35/EC on a system of mandatory surveys for the safe operation of regular ro-ro ferry and high-speed passenger craft services (OJ L 138, 1.6.99, p.1).

The main provisions of the Regulations require the Maritime and Coastguard Agency:

• to carry out verifications in relation to the vessel, including checks of documentation and a check for the presence of a voyage data recorder (regulation 4),

• to carry out verifications in relation to the company operating the vessel, and the flag State of the vessel (regulation 5),

• to carry out an initial specific survey before the vessel begins operating on a regular service to or from a United Kingdom port (regulation 6),

• to carry out further surveys every year, or where the circumstances of the vessel change (regulation 8),

• to issue reports of prevention of operation notices preventing a vessel which does not meet the requirements of the Directive from operating, or reports of inspection or improvement notices requiring defects to be remedied (regulations 9 to 11),

• to comply with certain administrative requirements (regulation 13), and

• to operate a shore-based navigational guidance system (regulation 14).

The Regulations also require the Chief Inspector of Marine Accidents to allow substantially interested Member States or EEA States to be involved with a marine accident investigation (regulation 15).

Guidance on the application of the Directive and these Regulations is contained in Marine Guidance Note 171, which can be obtained from iForce, Unit B, Imber Court Trading Estate, Orchard Lane, East Molesey, Surrey KT8 0BN.

A regulatory impact assessment has been prepared and copies can be obtained from the Maritime and Coastguard Agency, Spring Place, 105 Commercial Road, Southampton SO15 1EG. A copy has been placed in the Library of each House of Parliament. Copies of Resolutions of the International Maritime Organisation can be obtained from the International Maritime Organisation, 4 Albert Embankment, London SE1 7SR (telephone [phone]).