The Merchant Shipping (Hours of Work) Regulations 2002

Inspections of ships of other member States

15.—(1) A relevant inspector may inspect a ship which has called voluntarily at a port in the United Kingdom in the normal course of its business or for operational reasons in order to verify that the requirements of regulations 4, 7 and 9 are being complied with in respect of the ship.

(2) When carrying out such an inspection the relevant inspector shall determine whether—

(a) a table complying with regulation 7(2) is posted-up in a prominent and easily accessible place in the ship;

(b) records are being maintained and carried on board in compliance with regulation 9(1) to (3) and (5); and

(c) there is proof that such records have been endorsed by the competent authority of the State in which the ship is registered.

(3) Where—

(a) a complaint has been received by the MCA which indicates that any of the requirements of regulations 4, 7 and 9 are not being complied with and which it does not consider manifestly unfounded (“a relevant complaint”), or

(b) a relevant inspector from his own observations on board believes that seafarers may be unduly fatigued,

the inspector shall carry out a more detailed inspection, in accordance with paragraph (2), to determine whether the hours of rest recorded comply with the standards laid down in regulation 5 and whether they have been duly observed, and shall take into account other records relating to the operation of the ship.

(4) Where a relevant complaint has been received, or a relevant inspector obtains evidence that any of the requirements of regulations 4, 7 and 9 are not being complied with, the MCA shall prepare a report addressed to the government of the State in which the ship is registered.

(5) The identity of a person lodging a complaint shall not be revealed to the master of the ship concerned or the company in respect of the ship.