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The Merchant Shipping (Inland Waterway and Limited Coastal Operations) (Boatmasters’ Qualifications and Hours of Work) Regulations 2006

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Statutory Instruments

2006 No. 3223

merchant shipping

safety

The Merchant Shipping (Inland Waterway and Limited Coastal Operations) (Boatmasters’ Qualifications and Hours of Work) Regulations 2006

Made

4th December 2006

Laid before Parliament

7th December 2006

Coming into force

for the purposes of regulation 33

22nd December 2006

for all other purposes

1st January 2007

The Secretary of State for Transport makes these Regulations in exercise of the powers conferred by section 2(2) of the European Communities Act 1972(1) (“the 1972 Act”) and by sections 47(1) to (4), 85(1), (3), (6) and (7), 86(1) and (2), 302(1) and 307(1) of the Merchant Shipping Act 1995(2) (“the 1995 Act”);

He is a Minister designated(3) for the purposes of section 2(2) of the 1972 Act in relation to measures relating to the safety of ships and the health and safety of persons on them, to recognition of higher education diplomas, formal qualifications, or experience in an occupation, required for the pursuit of professions or occupations and to navigation on inland waterways;

It appears to him, for the purposes of section 47(2) of the 1995 Act, that it is necessary or expedient in the interests of safety to make the Regulations in so far as they specify standards of competence to be attained and other conditions to be satisfied by officers and other seamen;

In so far as the Regulations are safety regulations(4), he has consulted the persons referred to in section 86(4) of the 1995 Act and, in so far as they are made under section 47 of the 1995 Act, he has consulted with the organisations referred to in section 306(4) of that Act;

The consent of the Treasury has been given for the purposes of section 302(1) of the 1995 Act.

PART 1GENERAL

Citation and commencement

1.  These Regulations may be cited as the Merchant Shipping (Inland Waterway and Limited Coastal Operations) (Boatmasters’ Qualifications and Hours of Work) Regulations 2006 and come into force—

(a)for the purposes of regulation 33, on 22nd December 2006;

(b)for all other purposes, on 1st January 2007.

Revocation

2.  The Regulations specified in columns (1) and (2) of Schedule 1 to these Regulations are revoked to the extent specified in column (3) of that Schedule.

Interpretation: general

3.  (1)  In these Regulations, except where the context otherwise requires—

“the 1995 Act” means the Merchant Shipping Act 1995;

“the 1993 Regulations” means the Merchant Shipping (Local Passenger Vessels) (Masters’ Licences and Hours, Manning and Training) Regulations 1993(5);

“master” includes every person (except a pilot) having command or charge of a vessel;

“mile” means a nautical mile of 1852 metres;

“passenger” means any person carried in a vessel other than—

(a)

the master, a member of the crew or other person employed or engaged in any capacity on board the vessel on the business of the vessel,

(b)

a person on board the vessel in pursuance of an obligation laid upon the master to carry shipwrecked, distressed or other persons or by reason of any circumstance that neither the master nor the owner could have prevented or forestalled, and

(c)

a child under one year old;

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

“pilot” means a person not belonging to a vessel who has the conduct of the vessel;

“sea” does not include waters of category A, B, C or D (and “seagoing” is to be construed accordingly);

“non-United Kingdom ship” has the meaning given in section 307 of the 1995 Act;

“United Kingdom ship” has the meaning given in section 1(3) of the 1995 Act;

“vessel” has the same meaning as “ship” in the 1995 Act;

“voyage” includes an excursion;

“workboat” means a vessel which is not carrying passengers and is not constructed or adapted primarily to carry cargo (as defined in Part 3 of Schedule 3).

(2) In these Regulations, a reference to waters of a specified category is a reference to—

(a)waters of that category as specified under or by virtue of the Merchant Shipping (Categorisation of Waters) Regulations 1992(6), and

(b)waters in the United Kingdom having the characteristics of waters of that category but not specified as such under or by virtue of those Regulations.

(3) For the purposes of these Regulations, vessels are classified in accordance with the table below:

Table: Classification of vessels

Vessels which are passenger ships
Class IVVessels engaged only on voyages in waters of category A, B, C or D
Class VVessels engaged only on voyages in waters of category A, B or C
Class VIVessels carrying not more than 250 passengers engaged on voyages to sea or in waters of category A, B, C or D, in favourable weather and during restricted periods, in the course of which the vessels are at no time more than 15 miles (exclusive of waters of category A, B, C or D) from their point of departure or more than 3 miles from land
Class VI(A)Vessels carrying not more than 50 passengers engaged on voyages over a distance of not more than 6 miles to or from isolated communities on the islands or coast of the United Kingdom and in the course of which they are never more than 3 miles from land
Vessels which are not passenger ships
Class IX(A)Vessels other than passenger ships and tankers which do not proceed to sea
Class IX(A)(T)Tankers which do not proceed to sea

(4) In the table in paragraph (3)—

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

“restricted period” means a time during the period commencing on 1st April and ending on 31st October which—

(a)

in the case of a vessel fitted with navigation lights conforming to the Merchant Shipping (Distress Signals and Prevention of Collisions) Regulations 1996(7), is between one hour before sunrise and one hour after sunset, and

(b)

in the case of any other vessel, is between sunrise and sunset.

Extension of provisions to non-United Kingdom ships

4.  (1)  It is hereby directed that the provisions of—

(a)sections 47 to 50 and 52 of the 1995 Act (manning of vessels, production of certificates of qualification, etc), in so far as they have not already been so extended, and

(b)Parts 2 and 4 of these Regulations,

shall extend to the vessels and persons specified in paragraph (2) while they are engaged on voyages of a kind mentioned in regulation 7(3).

(2) The vessels and persons are—

(a)non-United Kingdom ships of Classes IV, V, VI, VI(A), IX(A) and IX(A)(T), other than pleasure vessels, and

(b)the masters employed in those vessels.

PART 2BOATMASTER’S LICENCES AND BOATMASTERS’ CERTIFICATES

General

Interpretation of Part 2

5.  (1)  In this Part—

“bareboat charter terms” has the meaning given in section 17(11) of the 1995 Act;

“boatmaster’s certificate” means a certificate issued—

(a)

in the United Kingdom, by the Secretary of State under Part 2 of these Regulations, or

(b)

in an EEA State other than the United Kingdom, by a competent authority of that state,

in accordance with Council Directive 96/50/EC of 23 July 1996 on the harmonisation of the conditions for obtaining national boatmasters’ certificates for the carriage of goods and passengers by inland waterway(8);

“boatmaster’s licence” means a licence issued by the Secretary of State under Part 2 of these Regulations;

“competent navigation authority” means a person in whom there is vested, under any enactment, a power or duty to manage navigation in any part of United Kingdom waters;

“EEA State” means a Member State, Norway, Iceland or Liechtenstein;

“immediate family”, in relation to a user of a pleasure vessel, means—

(a)

the husband, wife or civil partner of the individual,

(b)

the brother, sister, ancestor or lineal descendant of the individual, and

(c)

the brother, sister, ancestor or lineal descendant of the individual’s husband, wife or civil partner;

“limited coastal area” means an area of sea where the vessel is neither more than 15 miles (exclusive of waters of category A, B, C or D) from its point of departure nor more than 3 miles from land;

“load line length” means the greater of the following distances measured at the waterline—

(a)

96% of the total length of the vessel on a waterline at 85% of the least moulded depth measured from the top of the keel, or

(b)

the length from the foreside of the stem of the vessel to the axis of the rudder stock on that waterline,

(and, for the purpose of determining those lengths, where a vessel is designed with a rake of keel the waterline is to be treated as parallel to the designed waterline);

“normal duties”, in relation to the holder of a boatmaster’s licence or certificate or a Rhine navigation licence, means the duties normally performed by a person holding a boatmaster’s licence (with or without an endorsement) or boatmaster’s certificate of the relevant class or a Rhine navigation licence, as the case may be;

“pleasure vessel” means—

(a)

any vessel which is—

(i)

wholly owned or operated on bareboat charter terms by an individual and used only for the sport or pleasure of that individual, his immediate family and his friends, or

(ii)

wholly owned or operated on bareboat charter terms by a body corporate and used only for the sport or pleasure of employees or officers of the body corporate, or the immediate family or friends of those persons ,

and which is on a voyage for which the owner is not paid for or in connection with operating the vessel or carrying any person, other than as a contribution to the direct expenses of the operation of the vessel incurred during the voyage; or

(b)

any vessel which is wholly owned or operated on bareboat charter terms by or on behalf of a members’ club formed for the purpose of sport or pleasure which, at the time it is being used, is used only for the sport or pleasure of members of that club or their immediate family, and for the use of which any charges levied are paid into club funds and applied for the general use of the club;

and for the use of which no payments other than those mentioned above are made by or on behalf of the users of the vessel, other than by the owner;

“Port of London area” means the waters within the Port of London described in paragraph 6 of Part 3 of Schedule 3 (and includes, unless the context otherwise requires, a part of those waters);

“prescribed fee” means the fee prescribed by the Secretary of State under section 302 of the 1995 Act;

“relevant local knowledge endorsement” has the meaning given in Part 3 of Schedule 3;

“relevant medical condition” means a medical condition or disability which affects a person’s ability to perform normal duties;

“small commercial vessel” means a vessel which is neither a pleasure vessel nor a passenger ship and which is—

(a)

less than 24 metres in load line length, or

(b)

of less than 150 tons, where the keel was laid, or where the vessel was at a similar stage of construction, before 21st July 1968,

(and “similar stage of construction” means a stage at which construction identifiable with a specific vessel has begun and assembly of that vessel comprising at least 1% of the estimated mass of all structural material has commenced);

“small passenger vessel” means a vessel carrying not more than 12 passengers;

UK certificate” has the meaning given in regulation 15(1); and

“vessel” means a vessel of a kind mentioned in regulation 7(2).

(2) A reference in this Part to—

(a)a boatmaster’s licence of any class (with or without a reference to an endorsement), or

(b)an endorsement of any class,

is a reference to a licence or endorsement of that class as specified in Part 1 of Schedule 3.

(3) A reference in this Part to a boatmaster’s certificate of any group is a reference to a certificate of that group as specified in Part 2 of Schedule 3.

Expressions relating to qualifications other than boatmaster’s licences and certificates

6.  In this Part, expressions relating to qualifications other than boatmasters’ licences and boatmasters’ certificates have the following meanings—

“appropriate”, in relation to any such qualification, means appropriate both to the vessel being navigated and to the waters in which it is being navigated;

“certificated”, in relation to a small commercial vessel, means complying with the requirements as to the possession and display of a certificate contained in the SCV Regulations;

“Inshore Tug Certificate” means—

(a)

a Certificate of Competency (Master) (Inshore Tugs) issued by the Secretary of State in accordance with Regulation II/3.6 of Chapter II of the Annex to the STCW Convention, or

(b)

a Certificate of Equivalent Competency issued in recognition of a certificate issued by another Party to the STCW Convention equivalent to that Certificate of Competency;

IWSPB Code qualification” means a qualification recognised by the Secretary of State under the Inland Waters Small Passenger Boat (IWSPB) Code and specified in Part 1 of Schedule 2;

“Rhine navigation licence” means a licence issued in accordance with the revised Convention for the Navigation of the Rhine;

“SCV Code qualification” means a qualification specified in a code of practice for the safety of seagoing small commercial vessels which satisfies a requirement as to the manning of vessels imposed by the SCV Regulations;

“SCV Regulations” means the Merchant Shipping (Small Workboats and Pilot Boats) Regulations 1998(9) and the Merchant Shipping (Vessels in Commercial Use for Sport or Pleasure) Regulations 1998(10);

“STCW Class II/2 or 3 Certificate” means—

(c)

a Certificate of Competency for a person acting in the capacity of master of a vessel issued by the Secretary of State in accordance with Regulation II/2 or II/3 of Chapter II of the Annex to the STCW Convention, or

(d)

a Certificate of Equivalent Competency issued in recognition of a certificate issued by another Party to the STCW Convention equivalent to that Certificate of Competency;

“STCW Class II/3 Certificate (Master, Category D)” means—

(a)

a Certificate of Competency for a person acting in the capacity of master of a vessel of less than 500 tonnes gross tonnage in waters up to category D issued by the Secretary of State in accordance with Regulation II/3.6 of Chapter II of the Annex to the STCW Convention, or

(b)

a Certificate of Equivalent Competency issued in recognition of a certificate issued by another Party to the STCW Convention equivalent to that Certificate of Competency;

“STCW Convention” means the International Convention on Standards of Training, Certification and Watchkeeping for Seafarers 1978(11) and its annexes and attachments, including all the amendments adopted by the 1995 Conference of Parties and by the Maritime Safety Committee of the International Maritime Organization and in force on or before 1st January 2003(12).

Application of Part 2

7.  (1)  Subject to paragraph (4), this Part applies to any person serving as master of a vessel of a kind mentioned in paragraph (2) engaged on a voyage of a kind mentioned in paragraph (3).

(2) The vessels are United Kingdom and non-United Kingdom ships of Classes IV, V, VI, VI(A), IX(A) and IX(A)(T), other than pleasure vessels.

(3) The voyages are—

(a)any voyage in waters of category A, B, C or D, and

(b)any voyage to sea within United Kingdom waters in the course of which the vessel is never more than 15 miles (exclusive of waters of category A, B, C or D) from its point of departure or more than 3 miles from land.

(4) This Part does not apply to a person serving as—

(a)the master of a certificated small commercial vessel if he holds an appropriate SCV Code qualification;

(b)the master of a seagoing vessel, other than a pleasure vessel, if he holds an appropriate STCW Class II/2 or 3 Certificate other than an STCW Class II/3 Certificate (Master, Category D) or an Inshore Tug Certificate.

Masters to be qualified

8.  (1)  A person to whom this Part applies must be qualified in accordance with this regulation.

(2) A person is qualified to serve as master of a vessel if he holds—

(a)a boatmaster’s licence of a class appropriate both to the vessel which is being navigated and to the waters in which it is being navigated (subject to paragraph (6)),

(b)a boatmaster’s certificate of a class appropriate both to the vessel which is being navigated and to the waters in which it is being navigated (subject to paragraph (6)), or

(c)a Rhine navigation licence appropriate to the vessel which is being navigated (subject to paragraphs (3), (4) and (6)).

(3) A person holding a Rhine navigation licence is not qualified to serve as master of a vessel at sea.

(4) A person holding a Rhine navigation licence is not qualified to serve as master of any vessel in waters where (if he were the holder of a boatmaster’s licence) a relevant local knowledge endorsement would be required, unless—

(a)he is authorised to do so by virtue of a supplementary licence,

(b)he either is an authorised pilot or holds a pilotage exemption certificate issued by the competent navigation authority in relation to those waters, or

(c)the vessel is carrying an authorised pilot.

(5) A person not holding a boatmaster’s licence, boatmaster’s certificate or Rhine navigation licence is qualified to serve as master of—

(a)a non-seagoing small commercial vessel or non-seagoing small passenger vessel in waters other than the sea, if he holds an appropriate IWSPB Code qualification and satisfies the condition (if any) applied to that qualification by Part 2 of Schedule 2,

(b)a vessel having a gross tonnage of less than 500 tonnes in waters of category C or D, if he holds an STCW Class II/3 Certificate (Master, Category D), or

(c)a tug on inshore towage operations, if he holds an Inshore Tug Certificate,

(subject in each case to paragraph (6)).

(6) A person to whom this Part applies is not qualified to serve as master of any vessel to which a pilotage direction applies unless—

(a)he is an authorised pilot,

(b)he holds a pilotage exemption certificate issued by the competent navigation authority, or

(c)the vessel is carrying an authorised pilot.

(7) In this regulation—

“authorised pilot” means a person authorised in accordance with section 3 of the Pilotage Act 1987(13);

“inshore towage operations” means operations in waters of category A, B, C or D or in a limited coastal area with a vessel constructed solely for the purpose of, and normally used for, providing external motive power for floating objects or vessels;

“pilotage direction” has the meaning given in section 7(1) of the Pilotage Act 1987;

“pilotage exemption certificate” has the meaning given in section 8(1) of that Act; and

“supplementary licence” means a licence issued under regulation 20.

Boatmaster’s licences

Classes of licence and endorsement

9.  (1)  A boatmaster’s licence must bear the title “Boatmaster’s Licence” and must be of a class specified in column (1) of the table in Part 1 of Schedule 3.

(2) An endorsement of a boatmaster’s licence must be of a class specified in column (1) of the table in Part 1 of Schedule 3.

(3) Parts 1 and 3 of Schedule 3 have effect to determine whether a class of boatmaster’s licence (with or without endorsement) is appropriate to the vessel on which its holder is serving as master and to the waters in which the vessel is at any time being navigated.

Applications for licences

10.  (1)  An application for a boatmaster’s licence or an endorsement of a licence—

(a)must be in such form and contain, or be accompanied by, such particulars and documents as the Secretary of State may specify, and

(b)must be accompanied by the prescribed fee.

(2) The Secretary of State may in particular specify, as a document required to support an application, the written record of the applicant’s service and experience kept in accordance with paragraph 7(b) of Part 1 of Schedule 4.

(3) Subject to regulation 11, a person may apply concurrently for both a Tier 1 licence and an endorsement of that licence.

Minimum age and qualifying service for licences and endorsements

11.  (1)  A person may not apply for a boatmaster’s licence, or an endorsement of a licence, of a class specified in column (1) of Table 1 at the end of this regulation (“Table 1”) if he is under the age specified in column (2) of Table 1 in relation to that class of licence or endorsement.

(2) Save as provided in paragraphs (6) and (7), a person may not apply for a Tier 1 boatmaster’s licence of any class, or an endorsement of a licence, unless he can satisfy the Secretary of State that—

(a)he has completed in aggregate a period of qualifying service (the “qualifying service time”) not less than that (if any) specified in column (3) of Table 1 in relation to the relevant class of licence or endorsement , and

(b)the conditions in paragraph (3) are fulfilled.

(3) The conditions are that—

(a)the qualifying service has been undertaken during the period of 5 years ending on the date of the application, and

(b)in relation to the relevant class of licence or endorsement, a period not less than the period (if any) specified in column (4) of Table 1 (the “minimum qualifying period”) has elapsed between the first day of the qualifying service time and the date of the application.

(4) In calculating the qualifying service time (but not, except in a case where paragraph (8)(b) applies, the minimum qualifying period) for the purpose of an application for an endorsement of a Tier 1 licence, qualifying service undertaken for the purpose of an application for—

(a)the licence itself, or

(b)another endorsement,

is to be disregarded.

(5) A large passenger vessel endorsement may not be issued to a person unless—

(a)he holds a passenger operations (general) endorsement,

(b)in addition to the qualifying service time prescribed for the large passenger vessel endorsement, he has served as master of a passenger ship carrying fewer than 250 passengers for an aggregate period of 120 days, and

(c)not less than one year has elapsed between the first and last days of the period of service mentioned in sub-paragraph (b).

(6) A person may not apply for a fast craft endorsement unless, at the date of his application, he has completed a period of qualifying service—

(a)on vessels of the same type as the vessel on which he will normally serve as master, and

(b)on voyages following a route on which that vessel will normally operate,

which the Secretary of State considers sufficient to justify the issue of the licence.

(7) A person applying for a radar endorsement is not required to complete a period of qualifying service.

(8) A person may not apply for a relevant local knowledge endorsement in respect of the waters specified in column (1) of Table 2 at the end of this regulation unless—

(a)he has completed the qualifying service specified in column (2) of that table in relation to those waters, and

(b)in the case of an application for a relevant local knowledge endorsement for the Port of London area, the whole of that qualifying service has been undertaken after the expiration of the minimum qualifying period for the issue of a Tier 1(Level 2) licence.

(9) A person may not apply for a Tier 2 boatmaster’s licence unless he can satisfy the Secretary of State that, at the date of his application, he has completed a period of qualifying service sufficient to justify the issue of the licence.

(10) In this regulation—

“qualifying service” means service which has been undertaken—

(a)

in the United Kingdom or in another EEA State,

(b)

in an appropriate deck capacity, and

(c)

(save in the case of qualifying service for a fast craft endorsement) in appropriate waters on vessels of a type appropriate to the class of licence or endorsement applied for;

“Padstow Harbour”, “Portsmouth Harbour” and “Isles of Scilly” mean respectively the waters so described in paragraph 6 of Part 3 of Schedule 3.

Table 1. Minimum ages and qualifying service time for boatmasters’ licences: general
(1) Class of licence or endorsement(2) Mini-mum age(3) Qualifying service time(4) Minimum qualifying period
Tier 1 (Level 1) without endorsement18120 days12 months
Tier 1 (Level 2) without endorsement18240 days24 months
A passenger operations (general) endorsement: for waters of category A and B only2160 days6 months
A passenger operations (general) endorsement: for waters of category C and D and in a limited coastal area21120 days12 months
A large passenger vessel endorsement2260 days6 months
A towing and pushing endorsement: for waters of category A and B only2160 days6 months
A towing and pushing endorsement: for waters of category C and D21120 days12 months
A cargo endorsement1860 days6 months
An oil and chemical cargo endorsement1860 days6 months
A dredging endorsement1860 days6 months
A fast craft endorsement21The period specified in paragraph (6)N/a
A radar endorsement18N/aN/a
A local knowledge endorsement18None, unless paragraph (8) appliesN/a
Tier 2 (passenger-carrying operations): vessels carrying not more than 100 passengers18The period specified in paragraph (9)N/a
Tier 2 (passenger-carrying operations): vessels carrying not more than 250 passengers20The period specified in paragraph (9)N/a
Tier 2 (passenger-carrying operations): any vessel21The period specified in paragraph (9)N/a
Tier 2 (other vessels)18The period specified in paragraph (9)N/a
Table 2. Qualifying service for relevant local knowledge endorsements
(1) Local area(2) Qualifying service required
Port of London areaNot less than 60 days’ qualifying service, undertaken in varying conditions including trips in different directions and trips during the hours of darkness, with the last day of that service being undertaken not less than 6 months after the first day
Padstow Harbour6 voyages outward from the harbour and 6 voyages inward to the harbour under the supervision of a person authorised by the Padstow Harbour Authority
Portsmouth HarbourNot less than 60 days’ qualifying service with the last day of that service being undertaken not less than 6 months after the first day
Isles of ScillyNot less than 60 days’ qualifying service with the last day of that service being undertaken not less than 6 months after the first day

Medical fitness: boatmasters’ licences

12.  (1)  The Secretary of State may not issue a boatmaster’s licence or an endorsement of a licence to a person unless that person satisfies him that he is medically fit to perform normal duties.

(2) If the holder of a boatmaster’s licence becomes aware that he is suffering from a relevant medical condition which he has not previously disclosed, he must forthwith notify the Secretary of State in writing of the fact.

(3) If the Secretary of State becomes aware that the holder of a boatmaster’s licence may be suffering from a relevant medical condition he may require that person—

(a)to undergo, at his own expense, an examination by a registered medical practitioner for the purpose of determining whether he is fit to perform normal duties, and

(b)to authorise that medical practitioner to provide the Secretary of State with a report of the result of that examination.

(4) If the Secretary of State is satisfied (whether by virtue of a report received from a registered medical practitioner under paragraph (3) or otherwise) that the holder of a boatmaster’s licence is suffering from a relevant medical condition he may suspend or revoke the licence but if he is satisfied that the person is fit to perform the normal duties of a holder of a licence or endorsement of a different class he may issue him with a licence of that class.

(5) If the holder of a boatmaster’s licence fails to comply with a requirement made under paragraph (3), the Secretary of State may suspend the licence until such time as the holder complies with the requirement.

Standards of competence for licences and endorsements

13.  (1)  The Secretary of State may not issue a boatmaster’s licence or an endorsement of a licence to a person who has not previously held one unless the applicant satisfies him that he has the practical skills and knowledge necessary for a holder of the relevant class of licence or endorsement.

(2) Part 1 of Schedule 4 to these Regulations specifies—

(a)the practical skills and knowledge required in respect of each class of boatmaster’s licence and endorsement,

(b)the means by which the attainment of the appropriate level of such skills and knowledge is to be evidenced, and

(c)the grievance procedure.

Validity periods and re-validation of licences

14.  (1)  Except where paragraph (7) or (9) of regulation 33 or paragraph (6) of regulation 35 applies, both a Tier 1 and a Tier 2 boatmaster’s licence remain in force—

(a)in the case of a licence issued to a person aged 59 or under, for a period of 5 years commencing on the date it is issued;

(b)in the case of a licence issued to a person aged not less than 60 or more than 63, for a period ending on his 65th birthday;

(c)in the case of a licence issued to a person aged 64 or over, for a period of 1 year commencing on the date it is issued.

(2) Except where regulation 33(8) applies, an endorsement of a Tier 1 boatmaster’s licence remains in force for the same period as the licence.

(3) The Secretary of State may not issue a Tier 1 boatmaster’s licence to commence on or after the expiry of a Tier 1 licence previously held by the applicant (“the previous licence”) unless the applicant satisfies him that he has completed (or will by the date of expiry of the previous licence have completed) 120 days’ service in a suitable deck capacity during the period of 5 years ending on the date of expiry of the previous licence.

(4) The Secretary of State may not issue a Tier 2 boatmaster’s licence to commence on or after the expiry of a Tier 2 licence previously held by the applicant (“the previous licence”) unless the applicant satisfies him that he has completed (or will by the date of expiry of the previous licence have completed) 50 days’ service in a suitable deck capacity during the period of 5 years ending on the date of expiry of the previous licence.

(5) Where the Secretary of State is not satisfied in accordance with paragraph (3) or (4), as the case may be—

(a)he may require the applicant to satisfy him that he has the practical skills and knowledge (or any part of those skills or that knowledge) required in respect of the relevant class of licence, and

(b)paragraphs 7 to 18 of Part 1 of Schedule 4 apply for the purpose of assessing those skills or that knowledge.

(6) The Secretary of State may not issue a relevant local knowledge endorsement for any waters within the Port of London area to commence on or after the expiry of a previous endorsement unless the applicant satisfies him that he has the practical skills and knowledge of the local navigational requirements necessary for the holder of that endorsement.

Boatmasters’ certificates

Classes of certificate

15.  (1)  A boatmaster’s certificate issued by the Secretary of State (a “UK certificate”) must be of a class specified in column (1) of the table in Part 2 of Schedule 3.

(2) Parts 2 and 3 of Schedule 3 have effect to determine whether—

(a)a class of UK certificate, and

(b)a certificate issued in an EEA State other than the United Kingdom,

is appropriate to the vessel on which its holder is serving as master and to the waters in which the vessel is at any time being navigated.

Applications for boatmasters’ certificates made to the Secretary of State

16.  (1)  A person wishing to apply in the United Kingdom for a UK certificate must be the holder of—

(a)a Tier 1 boatmaster’s licence, or

(b)a boatmaster’s certificate issued in an EEA State other than the United Kingdom.

(2) An application for a UK certificate must—

(a)be made to the Secretary of State,

(b)be in such form and contain, or be accompanied by, such particulars and documents as the Secretary of State may specify, and

(c)be accompanied by the prescribed fee.

(3) The Secretary of State may in particular specify, as a document required to support an application, a record of the applicant’s service and experience on an appropriate vessel in appropriate waters.

Minimum age and qualifying service time for certificates

17.  (1)  A person—

(a)may not apply for a UK certificate if he is under the age of 21;

(b)holding a boatmaster’s certificate issued in an EEA State other than the United Kingdom may not serve as the master of any vessel if he is under the age of 21.

(2) A person may not apply for a UK certificate of either Group A or B unless he can satisfy the Secretary of State that—

(a)he has completed in aggregate a period of not less than 480 days’ qualifying service, and

(b)a period of not less than four years has elapsed between the first day of the period of qualifying service and the date of the application.

(3) All qualifying service must be entered on a personal service record and produced to the Secretary of State with the application.

(4) In this regulation “qualifying service” means professional experience which has been undertaken in the United Kingdom or another EEA State and which the Secretary of State considers to have been undertaken—

(a)in an appropriate deck capacity,

(b)in appropriate waters, and

(c)on vessels appropriate to the class of certificate applied for.

Validity of boatmasters’ certificates: medical fitness

18.  (1)  The Secretary of State may not issue a UK certificate to a person unless that person satisfies him that he is medically fit to perform normal duties.

(2) Where the holder of a UK certificate is aged 45 or over, the certificate does not authorise him to serve as master of any vessel unless he also holds a certificate issued by a registered medical practitioner, in a form approved by the Secretary of State, satisfying the conditions in paragraph (3).

(3) The conditions are that the certificate—

(a)states that the person is medically fit to perform normal duties, and

(b)was issued—

(i)in the case of a person aged 64 or under, not more than 5 years ago, or

(ii)in the case of a person aged 65 or over , not more than 1 year ago.

(4) Where the holder of a certificate other than a UK certificate is aged 65 or over, the certificate does not authorise him to serve as master of any vessel unless he also holds a certificate issued by a registered medical practitioner, in a form approved by the Secretary of State, satisfying the conditions in paragraph (5).

(5) The conditions are that the certificate—

(a)states that the person is medically fit to perform normal duties, and

(b)was issued not more than 1 year ago.

(6) If the holder of a boatmaster’s certificate becomes aware that he is suffering from a relevant medical condition which he has not previously disclosed, he must forthwith notify the Secretary of State in writing of the fact.

(7) If the Secretary of State becomes aware that the holder of a boatmaster’s certificate may be suffering from a relevant medical condition, he may require that person—

(a)to undergo, at his own expense, an examination by a registered medical practitioner for the purpose of determining whether he is fit to perform normal duties, and

(b)to authorise that medical practitioner to provide the Secretary of State with a report of the result of that examination.

(8) If the Secretary of State is satisfied (whether by virtue of a report received from a registered medical practitioner under paragraph (7) or otherwise) that the holder of a boatmaster’s certificate is suffering from a relevant medical condition he may—

(a)in the case of a UK certificate, suspend or revoke the certificate, or

(b)in the case of a certificate other than a UK certificate, suspend the certificate in so far as it authorises its holder to serve as master of a vessel in United Kingdom waters.

(9) Where the Secretary of State has revoked or suspended a boatmaster’s certificate under paragraph (8) but is satisfied that the person is fit to undertake the normal duties of a holder of a boatmaster’s licence (with or without an endorsement) of any class, he may issue him with a licence of that class.

(10) If the holder of a boatmaster’s certificate fails to comply with a requirement made under paragraph (7), the Secretary of State may suspend the certificate in so far as it authorises its holder to serve as master of a vessel in United Kingdom waters until such time as the holder complies with the requirement.

(11) Where the Secretary of State suspends a boatmaster’s certificate other than a UK certificate under paragraph (8)(b), he must inform the competent authority of the EEA State which issued the certificate of—

(a)the suspension,

(b)the reason for the suspension, and

(c)whether he has issued a boatmaster’s licence of a different class to the holder of the certificate.

Standards of competence for UK certificates

19.  (1)  The Secretary of State may not issue a UK certificate to a person who has not previously held one unless that person satisfies him that he has the practical skills and knowledge necessary for a holder of a certificate of the relevant group.

(2) Part 2 of Schedule 4 to these Regulations specifies—

(a)the practical skills and knowledge required in respect of each class of boatmaster’s certificate,

(b)the means by which the attainment of the appropriate level of such skills and knowledge is to be evidenced, and

(c)the grievance procedure.

Rhine navigation licences

Rhine navigation licences

20.  (1)  A person holding a Rhine navigation licence may not serve as master of any vessel in waters of any category unless he is medically fit to perform normal duties.

(2) If the holder of a Rhine navigation licence becomes aware that he is suffering from a relevant medical condition, which he has not previously disclosed, he must forthwith notify the Secretary of State in writing of the fact.

(3) If the Secretary of State becomes aware that the holder of a Rhine navigation licence may be suffering from a relevant medical condition he may require that person—

(a)to undergo, at his own expense, an examination by a registered medical practitioner for the purpose of determining whether he is fit to perform normal duties, and

(b)to authorise that medical practitioner to provide the Secretary of State with a report of the result of that examination.

(4) If the Secretary of State is satisfied (whether by virtue of a report received from a registered medical practitioner under paragraph (3) or otherwise) that the holder of a Rhine navigation licence is suffering from a relevant medical condition he may suspend the licence in so far as it authorises its holder to serve as master of a vessel in United Kingdom waters.

(5) Where the Secretary of State has suspended a licence under paragraph (4) but is satisfied that the person is fit to undertake the normal duties of a holder of a boatmaster’s licence (with or without an endorsement) of any class, he may issue him with a boatmaster’s licence of that class.

(6) If the holder of a Rhine navigation licence fails to comply with a requirement made under paragraph (3), the Secretary of State may suspend the licence in so far as it authorises its holder to serve as master of a vessel in United Kingdom waters until such time as the holder complies with the requirement.

(7) A person holding a Rhine navigation licence who wishes to obtain a supplementary licence authorising him to serve as master of a vessel in waters where (if he were the holder of a boatmaster’s licence) a relevant local knowledge endorsement would be required must apply to the Secretary of State and such an application—

(a)must be in such form and contain, or be accompanied by, such particulars and documents as the Secretary of State may specify, and

(b)must be accompanied by the prescribed fee.

(8) The Secretary of State may not issue a supplementary licence to a person applying pursuant to paragraph (7) (“the applicant”) unless the applicant satisfies him that he has the practical skills and underpinning knowledge specified in section 11 of paragraph 19 of Part 1 of Schedule 4 (syllabus for a relevant local knowledge endorsement) and for the purpose of assessing whether the applicant has those practical skills and that underpinning knowledge paragraphs 7 to 18 of Part 1 of Schedule 4 shall apply, but as if the reference to the candidate were a reference to the applicant.

Licensing requirements under local legislation

Licensing requirements under local legislation

21.  (1)  In the Port of London Act 1968(14)—

(a)in section 162, after subsection (1), insert—

(1A) Paragraph (l) of subsection (1) of this section does not authorise the imposition of requirements as to the standards of competence and experience of a person serving as master of a vessel (within the meaning of regulation 5(4) of the Merchant Shipping (Inland Waterway and Limited Coastal Operations) (Boatmasters’ Qualifications and Hours of Work) Regulations 2006.;

(b)section 164 is repealed.

(2) Subject to paragraph (3), a local enactment which—

(a)requires a person to whom this Part applies to meet any conditions in order to qualify to serve as master,

(b)authorises the issue of a licence, certificate or other document permitting a person to whom this Part applies to serve as master, or

(c)confers power to do anything mentioned in paragraph (a) or (b),

shall cease to have effect to the extent that it makes such provision.

(3) Nothing in paragraph (2) affects the operation of any local enactment which authorises the issue of a boatman’s licence, or makes provision in connection with the issue of any such licence, where the licence would enable a person to whom this Part applies to meet the condition in regulation 8(5)(a) that he hold an appropriate IWSPB Code qualification.

(4) In this regulation—

(a)“boatman’s licence” means a licence or other document authorising a person to serve as master of a vessel (whether or not of a specified class) in waters to which the local enactment applies;

(b)“local enactment” means an enactment contained in—

(i)any local Act (other than the Port of London Act 1968),

(ii)any order, regulations, rules, scheme, bye laws or other instrument made under a local Act, or

(iii)any order made under section 14 of the Harbours Act 1964(15);

(c)a reference to serving as master is a reference to serving as master of a vessel on a voyage of a kind mentioned in regulation 7(3).

Records, surrender and loss of documents

Records of documents

22.  (1)  Subject to paragraph (2), the Secretary of State must keep, in such manner as he thinks fit, a record of—

(a)every boatmaster’s licence (including endorsements) and boatmaster’s certificate issued pursuant to these Regulations and currently valid,

(b)every licence, certificate or other qualification previously held by the holder of a boatmaster’s licence or certificate,

(c)every suspension, cancellation or alteration of those licences, certificates or other qualifications, and

(d)all examination and assessment evidence, application forms, documents relating to applications (including medical evidence) and other matters affecting current and previous licences, certificates and other qualifications.

(2) The Secretary of State need not retain a record of any document mentioned in paragraph (1)(a) or (b) for a period of more than 10 years after the date when that document expired or otherwise ceased to be valid.

Surrender and loss of documents

23.  (1)  Where the Secretary of State issues—

(a)a boatmaster’s licence to a person who already holds a licence of a lower class, or

(b)a boatmaster’s certificate to a person who already holds a certificate of a lower class,

the person to whom the new boatmaster’s licence or certificate is issued must immediately surrender the licence or certificate he holds to the Secretary of State or to such person as the Secretary of State may specify.

(2) If the holder of a boatmaster’s licence or boatmaster’s certificate loses it, the Secretary of State must—

(a)if he is satisfied that the loss occurred through no fault of the holder, issue a replacement of the licence or certificate to the holder free of charge, or

(b)if he is not so satisfied, issue a replacement licence or certificate to the holder on payment of the prescribed fee.

Enforcement

Part 2: offences

24.  (1)  If a person serving as master of a vessel contravenes regulation 12(2), 18(6) or 20(2) he is guilty of an offence and is liable on summary conviction to a fine not exceeding level 5 on the standard scale.

(2) If the owner of a vessel causes or permits it to begin a voyage when the person serving as its master is a person who contravenes regulation 12(2), 18(6) or 20(2), he is guilty of an offence and liable on summary conviction to a fine not exceeding level 5 on the standard scale.

(3) For the purposes of section 49 (prohibition of going to sea undermanned), and 52 (unqualified persons going to sea as qualified officers or seamen) of the 1995 Act, a person does not contravene regulation 8(1)—

(a)while he is navigating a vessel as part of the qualifying service required under regulation 11 or 17, if he is under the direction of a person who is qualified in accordance with regulation 8,

(b)while he is undergoing a practical test of seamanship and vessel handling skill in accordance with paragraph 12(1)(a) of Part 1 of Schedule 4 or paragraph 11(1)(a) of Part 2 of that Schedule, or

(c)while he is authorised to serve as master of a vessel under regulation 32, 33 or 34.

(4) It is a defence for a person charged with an offence under this regulation to prove that he took all reasonable steps to avoid commission of the offence.

Offences by bodies corporate, Scottish partnerships, etc

25.  (1)  If an offence under regulation 24 committed by a body corporate is shown—

(a)to have been committed with the consent or connivance of an officer, or a person purporting to act in the capacity of an officer, of a body corporate, or

(b)to be attributable to any neglect on the part of any such person,

that officer or person as well as the body corporate is guilty of the offence and liable to be punished accordingly.

(2) If the affairs of a body corporate are managed by its members, paragraph (1) applies in relation to the acts and defaults of a member in connection with his functions of management as if he were a director of the body.

(3) If an offence under regulation 24 committed by a partnership or unincorporated association in Scotland is shown—

(a)to have been committed with the consent or connivance of a partner, or

(b)to be attributable to any neglect on his part,

that partner as well as the partnership is guilty of the offence and liable to be punished accordingly.

(4) If an offence under regulation 24 committed by an unincorporated association (other than a partnership) is shown—

(a)to have been committed with the consent or connivance of a person concerned in the management or control of the association, or

(b)to be attributable to any neglect on the part of such officer or person,

that officer or person as well as the association is guilty of the offence and liable to be punished accordingly.

(5) It is a defence for a person charged with an offence under this regulation to prove that he took all reasonable steps to avoid commission of the offence.

Detention of vessels

26.  (1)  Where a person (a “relevant inspector”) mentioned in paragraph (a), (b) or (c) of section 258(1) of the 1995 Act (powers to inspect ships and their equipment, etc) is satisfied that an offence under regulation 24 or 25 is being committed in relation to any vessel, the vessel is liable to be detained.

(2) Where a vessel is liable to be detained under paragraph (1), the relevant inspector detaining it must serve on the master of the vessel a detention notice which—

(a)states that the relevant inspector is of the opinion that an offence under regulation 24 or 25 has been committed,

(b)specifies the reasons for that opinion, and

(c)prohibits the vessel from commencing a voyage until a relevant inspector is satisfied it can do so in circumstances where no such offence is committed.

(3) Sections 96 and 97 of the 1995 Act (arbitration and compensation in connection with detention notices) apply in relation to a detention notice under paragraph (2) as they apply in relation to a detention notice under section 95 (power to detain dangerously unsafe ship) but with the following words omitted from section 96—

(a)in subsection (1), “in pursuance of section 95(3)(b)”,

(b)in subsection (3), “to whether the ship was or was not a dangerously unsafe ship”,

(c)in subsection (5), “as a dangerously unsafe ship”.

(4) Where a vessel is liable to be detained under this regulation, section 284 of the 1995 Act (enforcing detention of ship) has effect with the following modifications—

(a)for subsection (1) there is substituted—

(1) Where under the Merchant Shipping (Inland Waterway and Limited Coastal Operations) (Boatmasters’ Qualifications and Hours of Work) Regulations 2006 a ship is liable to be detained a relevant inspector may detain the ship.;

(b)in subsection (4), for the words from “any of the following” to “any surveyor of ships” there is substituted “any relevant inspector”;

(c)subsections (6) and (7) are omitted; and

(d)at the end there is inserted—

(9) In this section, “relevant inspector” means any person mentioned in paragraph (a), (b) or (c) of section 258(1).

PART 3SELF-EMPLOYED MASTERS’ HOURS OF WORK

Interpretation of Part 3

27.  (1)  In this Part—

“hovercraft” has the meaning given in section 4(1) of the Hovercraft Act 1968(16);

“rest period” means any time when a master is not on duty;

“working day”, in relation to a master, means either—

(a)

where a period of duty is not followed by a rest period of at least 8 hours, the aggregate of—

(i)

that and each successive period of duty, and

(ii)

any intervals between those periods of duty,

until there is a rest period of at least 8 hours; or

(b)

a period of duty which is followed by a rest period of at least 8 hours.

(2) For the purposes of this Part, a master is on duty—

(a)where he has nautical responsibility for any craft in circumstances where this Part applies, and

(b)where he is otherwise engaged in work for the purposes of a trade or business carried on by him, being work in connection with any craft to which this Part applies or with any passenger carried by that vessel.

Application of Part 3

28.  This Part applies to a person who—

(a)is serving as master of a craft which is either—

(i)a United Kingdom ship which is a passenger ship of Class IV, V, VI or VI(A), or

(ii)a hovercraft carrying more than 12 passengers, and

(b)is not a person to whom—

(i)the Working Time Regulations 1998(17),

(ii)Merchant Shipping (Hours of Work) Regulations 2002(18), or

(iii)the Merchant Shipping (Working Time: Inland Waterways) Regulations 2003(19),

apply.

The self-employed masters’ working hours code

29.  (1)  A master must, so far as is reasonably practicable, ensure that he is properly rested when first going on duty on any working day.

(2) Subject to paragraphs (5) to (7), a master’s working day must not exceed 16 hours.

(3) Subject to paragraphs (5) to (7), a master must not on any working day have command or charge of a vessel for periods amounting in aggregate to more than 10 hours.

(4) Subject to paragraphs (5) to (7), if on any working day a master has been on duty—

(a)for a period of 6 hours, the end of which does not correspond to the end of the working day, or

(b)for periods amounting in aggregate to 6 hours without having enjoyed a rest period of at least 30 minutes and the end of the last of those periods does not correspond to the end of the working day,

he must take a rest period of not less than 30 minutes at the end of that 6-hour period or (as the case may be) at the end of the last of those periods.

(5) If the Secretary of State considers that it would be appropriate to do so, he may grant an exemption from all or any of the foregoing provisions of this regulation, on such terms (if any) as he may specify.

(6) An exemption—

(a)may be granted in respect of one or more craft or a class of craft, and

(b)may be restricted to specified voyages or operations.

(7) Subject to giving reasonable notice to the person affected thereby, the Secretary of State may alter or cancel an exemption.

Contravention of Part 3

30.  (1)  If a person contravenes a requirement of this Part he is guilty of an offence and liable on summary conviction to a fine not exceeding level 4 on the standard scale.

(2) It is a defence for a person charged with an offence under paragraph (1) to prove that there was an unavoidable delay in the completion of a voyage arising out of circumstances which he could not reasonably have foreseen.

PART 4TRANSITIONAL PROVISIONS

Interpretation of Part 4

31.  Expressions defined or explained for the purposes of Part 2 of, or Schedule 3 or 4 to, these Regulations are to be interpreted in the same way in this Part and in Schedule 5.

Continuing validity of existing qualifications

32.  (1)  This regulation applies to a person who, on 31st December 2006, holds—

(a)a licence issued under the 1993 Regulations, and

(b)(subject to paragraph (2)) a licence, certificate or other document issued by a competent navigation authority authorising him to serve as master of a vessel (whether of a specified class or otherwise) in specified waters.

(2) This regulation does not apply to a person holding an appropriate IWSPB qualification.

(3) Notwithstanding regulation 8, a person to whom this regulation applies may, until whichever of the dates specified in paragraph (5) first occurs, serve as master of a vessel to which the licence, certificate or other document applied in waters to which it applied.

(4) Paragraph (3) does not entitle a person to serve as master of any vessel at a time when he is not complying with the terms and conditions of the licence, certificate or other document.

(5) The dates are—

(a)the date on which the Secretary of State issues a boatmaster’s licence to its holder,

(b)the date on which the Secretary of State refuses to issue him a boatmaster’s licence,

(c)the date specified in column (2) of the table at the end of this regulation in relation to the description of the licence, certificate or other document in column (1), and

(d)in the case of a licence issued under the 1993 Regulations, the date of expiry of the licence.

Table

(1) Description of licence, certificate or other document(2) Date of cessation of validity
1. Licence issued under the 1993 Regulations31st December 2011
2. Licence, certificate or other document issued by competent navigation authority so far as it relates to:-
(a) cargo-carrying vessels of 24 metres or more load line length30th September 2007
(b) workboats of 24 metres or more load line length31st March 2008

Holders of Thames watermen’s licences

33.  (1)  This regulation applies to every person who, on 22nd December 2006, holds a waterman’s licence issued under the Port of London Act 1968(20).

(2) Notwithstanding regulation 8, a person to whom this regulation applies may serve as master of vessels of a kind on which he is working regularly in the period leading up to 22nd December 2006 if—

(a)he makes an application for a boatmaster’s licence which is—

(i)a qualifying application, or

(ii)an interim qualifying application,

and which is received by the Secretary of State on or before 31st December 2006,

(b)he has worked as a waterman for an aggregate period of not less than 120 days during the period of 5 years ending on the date of that application, and

(c)he is medically fit to perform normal duties.

(3) An application is a qualifying application for the purposes of this regulation if it is accompanied by—

(a)documentary evidence sufficient to show that he satisfies the requirement in paragraph (2)(b),

(b)documentary evidence sufficient to show that he has knowledge of basic personal survival and fire fighting techniques and of first aid prescribed for the issue of a Tier 1 boatmaster’s licence in Part 1 of Schedule 4,

(c)evidence which is initially sufficient to support his claim that he is fit to perform normal duties, and

(d)the fee of £28.

(4) An application is an interim qualifying application for the purposes of this regulation if it is accompanied by—

(a)documentary evidence sufficient to show that he satisfies the requirement in paragraph (2)(b),

(b)evidence which is initially sufficient to support his claim that he is fit to perform normal duties, and

(c)the fee of £28.

(5) Where an applicant satisfies the requirements of paragraph (2), the Secretary of State must issue to him a Tier 1 boatmaster’s licence of such a class as is appropriate having regard to—

(a)the nature of his waterman’s licence, and

(b)his experience of service within the Port of London area.

(6) Subject (in the case of paragraphs (a) and (b) of this paragraph) to paragraph (8), where an applicant satisfies the requirements of sub-paragraphs (a)(i), (b) and (c) of paragraph (2), the Secretary of State must issue to him a licence which will remain in force—

(a)in the case of an applicant aged 59 or under on 1st January 2007, until 31st December 2011;

(b)in the case of an applicant aged not less than 60 nor more than 63 on 1st January 2007, for a period ending on the applicant’s 65th birthday;

(c)in the case of an applicant aged 64 or over on 1st January 2007, until 31st December 2007.

(7) If the documentary evidence supplied under paragraph (3)(a) by an applicant aged 63 or under on 1st January 2007 shows that, during the previous 5 years, he has not had adequate experience as a waterman throughout the whole of the Port of London area, the Secretary of State must issue him with a relevant local knowledge endorsement which will remain in force only until 31st December 2008.

(8) Where an applicant satisfies the requirements of sub-paragraphs (a)(ii), (b) and (c) of paragraph (2), the Secretary of State must issue to him a licence endorsed with the word “Interim” which will remain in force until 31st December 2007.

(9) The benefit of paragraph (2) does not extend beyond the date when a boatmaster’s licence—

(a)is granted under this regulation, or

(b)is refused.

Experienced persons holding no qualification

34.  (1)  This regulation applies to every person who—

(a)on 31st December 2006, is neither the holder of a qualification mentioned in regulation 32(1) or 33(1) nor qualified in accordance with Part 2 of these Regulations, and

(b)is on that date a person to which that Part applies.

(2) Subject to paragraph (3), a person to whom this regulation applies may, during the relevant transitional period, serve as master of a relevant vessel on voyages of a kind specified in regulation 7(3) appropriate to that vessel notwithstanding that he is not qualified in accordance with regulation 8.

(3) A person to whom this regulation applies may not serve as master of any relevant vessel if the Secretary of State could not issue to him a boatmaster’s licence authorising him to serve as master of that vessel by virtue of his not being medically fit to perform the normal duties of a person holding such a licence.

(4) A person to whom this regulation applies may make an application for a boatmaster’s licence before the expiration of the relevant transitional period and Part 1 of Schedule 5 has effect in relation to that application.

(5) The Secretary of State may issue to an applicant a licence (with or without endorsement) of such a class as is appropriate having regard to his service during the relevant transitional period.

(6) This paragraph applies where the Secretary of State waives the requirement in paragraph 3(d) of Part 1 of Schedule 5 (knowledge of the basic personal survival and fire fighting techniques and first aid).

(7) Where paragraph (6) applies, paragraphs (1) and (2) of regulation 14 do not apply and the Secretary of State—

(a)must issue a boatmaster’s licence which is endorsed with the word “Interim” and is valid for one year, and

(b)may issue one further licence similarly endorsed which is valid for one year from the date of expiry of the first.

(8) In this regulation—

“relevant transitional period”, in relation to a person serving as master of a relevant vessel, means the period expiring on the date specified in relation to that kind of vessel in column (2) of the table at the end of this regulation;

“relevant vessel” means any vessel of a kind specified in column (1) of the table at the end of this regulation on which a person is serving as master on 31st December 2006 and on which he continues to serve after that date.

Table: Relevant transitional periods

(1) Vessel type(2) Transitional period expiring:-
Cargo-carrying vessels of 24 metres or more load line length30th September 2007
Workboats of 24 metres or more load line length31st March 2008
Small passenger vessels30th September 2008
Cargo-carrying vessels and workboats of less than 24 metres load line length31st March 2009

Conversion of existing qualifications

35.  (1)  This regulation applies to every person who, on 1st January 2007 holds—

(a)a licence issued under the 1993 Regulations,

(b)an STCW Class II/2 or 3 Certificate,

(c)an SCV Code qualification, or

(d)an appropriate IWSPB Code qualification.

(2) Where, not later than 31st December 2011, a person to whom this regulation applies makes an application for a boatmaster’s licence, Part 2 of Schedule 5 has effect in relation to that application.

(3) Where, on or before 31st December 2006, a person has made an application for the revalidation of a licence issued under the 1993 Regulations and that application has not been disposed of, the application is to be treated as an application under paragraph (2) and the Secretary of State may request from the applicant such supplementary information and documentation as he reasonably requires under paragraph 1 of Part 2 of Schedule 5.

(4) The Secretary of State may issue to a person who has made an application of a kind referred to in paragraph (2) or (3) a boatmaster’s licence (with or without endorsements) of such a class as is appropriate having regard to his previous qualification.

Signed by authority of the Secretary of State for Transport

S.J. Ladyman

Minister of State,

Department for Transport

30th November 2006

We consent to the making of these Regulations

D. C.Watts

F. Roy

Two of the Lords Commissioners of Her Majesty’s Treasury

4th December 2006

Regulation 2

SCHEDULE 1REGULATIONS REVOKED

(1) Title of Regulations(2) S.I. Number(3) Regulations revoked
The 1993 Regulations1993/1213In regulation 2(1), the definitions of “existing boatman’s licence” and “mile”;
regulation 3(1), (2) and (3A);
in regulation 3(3), the words “Subject to paragraph (3A)” and “III, and”;
regulations 4 to 13; and
regulation 15.
The Merchant Shipping (Hours of Work) Regulations 20022002/2125Schedule 2, paragraph 2.
The Merchant Shipping (Working Time: Inland Waterways) Regulations 20032003/3049Schedule 2, paragraph 1.

Regulations 6 and 8

SCHEDULE 2IWSPB CODE QUALIFICATIONS

PART 1QUALIFICATIONS

(1) Qualification(2) Waters for which it is appropriate
RYA/DfT Coastal Skipper Certificate endorsed as valid for vessels up to 24m load line length used for commercial purposesCategories A, B, C and D
RYA/DfT Day Skipper Certificate endorsed as valid for vessels up to 24m load line length used for commercial purposesCategories A, B, C and D
RYA/DfT Powerboat (Level 2) Certificate endorsed as valid for vessels up to 24m load line length used for commercial purposesCategories A, B C and D
British Waterways Boatmanship LicenceCategories A and B
National Community Boats Association Certificate in Community Boat ManagementCategories A and B
Boatman’s licence issued by a competent navigation authorityWaters covered by the licence

PART 2FURTHER PROVISIONS

Conditions applying to certain qualifications

1.  The IWSPB Code qualifications specified in paragraph 2 are subject to the condition that a holder is qualified to serve as master of a vessel for the purposes of regulation 8(5)(a) only after he has had 12 months’ relevant experience.

2.  The qualifications are—

the RYA/DfT Coastal Skipper Certificate endorsed as valid for vessels up to 24m load line length used for commercial purposes;

the RYA/DfT Day Skipper Certificate endorsed as valid for vessels up to 24m load line length used for commercial purposes;

the RYA/DfT Powerboat (Level 2) Certificate endorsed as valid for vessels up to 24m load line length used for commercial purposes.

Interpretation

3.  In this Schedule, “relevant experience” means experience which has been gained in the United Kingdom and which the Secretary of State is satisfied has been gained—

(a)in an appropriate deck capacity,

(b)on a suitable vessel, and

(c)on the relevant waters;

4.  A designation in this Schedule of a certificate as an “RYA/DfT” certificate means that the certificate is one issued by the Royal Yachting Association and its issue has been approved by the Department for Transport.

Regulations 9 and 15

SCHEDULE 3CLASSES OF BOATMASTER’S LICENCE AND ENDORSEMENT AND BOATMASTER’S CERTIFICATE

PART 1BOATMASTERS’ LICENCES

(1) Class of licence(2) Vessel operations and waters for which licence is valid
A. Tier 1 boatmaster’s licences:
Tier 1 (Level 1) without endorsementVessel operations: (i) small passenger vessel operations except operations with fast craft and (ii) other vessel operations not specified in this Part in relation to a class of endorsement (but including emergency towing assistance or rigid pushing operations).
Waters: waters of categories A and B and waters of category C if not linked to any other waters, except waters where a relevant local knowledge endorsement is required.
Tier 1 (Level 2) without endorsementVessel operations: (i) small passenger vessel operations except operations with fast craft and (ii) other vessel operations not specified in this Part in relation to a class of endorsement (but including emergency towing assistance or rigid pushing operations in waters of category A or B or waters of category C if not linked to any other waters).
Waters: all waters appropriate to the class of vessel except waters where a relevant local knowledge endorsement is required.
A passenger operations (general) endorsementVessel operations: operation of passenger ships, other than fast craft, carrying not more than 250 passengers.
Waters: waters otherwise authorised.
A large passenger vessel endorsement

Vessel operations: any passenger ship operation except operations with fast craft.

Waters: waters of categories A, B, C and D.

A towing and pushing endorsementVessel operations: vessels engaged in specialist towing and pushing operations.
Waters: as otherwise authorised.
A cargo endorsementVessel operations: operations involving the carriage of general cargo and ro-ro operations, but excluding operations with fast craft.
Waters: as otherwise authorised.
An oil and chemical cargo endorsementVessel operations: operations involving the carriage of oil and chemical cargo except operations with fast craft.
Waters: as otherwise authorised.
A dredging endorsementVessel operations: vessels engaged in dredging operations.
Waters: as otherwise authorised.
A radar endorsementVessel operations: operations which are otherwise authorised and the vessel is navigated using radar.
Waters: as otherwise authorised.
A fast craft endorsementVessel operations: operations with fast craft.
Waters: as otherwise authorised.
A relevant local knowledge endorsementVessel operations: as otherwise authorised.
Waters: those local waters to which the endorsement relates.
B. Tier 2 boatmaster’s licences:
Tier 2 (passenger-carrying operations)Vessel operations: passenger-carrying operations with vessels on which the licence holder has completed his qualifying service but with the following grading—
licence limited to operations with small passenger vessels and passenger ships carrying not more than 100 passengers;
licence limited to operations with small passenger vessels, passenger ships carrying not more than 250 passengers;
licence for any passenger-carrying operation.
Waters: those waters of (i) category A or B or (ii) category C, if not linked to any other waters, which (having regard to the nature and length of the licence holder’s qualifying service) are specified in the licence.
Tier 2 (other operations)Vessel operations: vessels and operations, other than passenger-carrying operations, on which the licence holder has completed his qualifying service.
Waters: those waters of (i) category A or B or (ii) category C, if not linked to any other waters, which (having regard to the nature and length of the licence holder’s qualifying service) are specified in the licence.

PART 2BOATMASTERS’ CERTIFICATES

(1) Class of certificate(2) Equivalent class of boatmaster’s licence
Group A certificates
General certificateTier 1 (Level 2) with cargo and towing and pushing endorsements.
Certificate attesting competence in radar navigationTier 1 (Level 2) with cargo, towing and pushing and radar endorsements.
Certificate attesting competence in passenger transportTier 1 (Level 2) with cargo, towing and pushing, passenger operations (general) and large passenger vessel endorsements.
Certificate attesting knowledge of local navigation requirementsTier 1 (Level 2) with cargo and towing and pushing endorsements and a relevant local knowledge endorsement for the waters specified in the certificate.
Group B certificates
General certificateTier 1 (Level 1) with cargo and towing and pushing endorsements.
Certificate attesting competence in radar navigationTier 1 (Level 1) with cargo, towing and pushing and radar endorsements.
Certificate attesting competence in passenger transportTier 1 (Level 1) with cargo, towing and pushing, passenger operations (general) and large passenger vessel endorsements .
Certificate attesting knowledge of local navigation requirementsTier 1 (Level 1) with cargo and towing and pushing endorsements and a relevant local knowledge endorsement for the waters specified in the certificate.

PART 3INTERPRETATION AND EXPLANATORY PROVISIONS

Boatmasters’ licences

1.  In this Schedule—

“cargo” means all the things which are transported on a vessel, except fuel for the vessel, solid or liquid ballast, consumables to be used on board, the permanent outfit and equipment of the vessel, stores and spare gear for the vessel, the personal baggage and belongings of the crew and any passengers and the equipment necessary for or related to the activities being undertaken by the vessel;

“dangerous goods” means the following materials (other than those which would be oil and chemical cargo): explosives, gases, flammable solids, oxidising substances, organic peroxides, toxic and infectious substances, radioactive material, corrosive substances and substances and articles having similar dangerous characteristics;

“fast craft” means a vessel capable of a maximum speed when fully laden of at least 20 knots (where “maximum speed” means the speed achieved at the maximum continuous rating of the vessel’s propulsion machinery);

“general cargo” means any cargo other than oil and chemical cargo but includes packaged dangerous goods;

“oil and chemical cargo” means oil, liquid chemicals and liquefied gases;

“qualifying service”, in relation to a Tier 2 boatmaster’s licence, has the meaning given in regulation 11(10);

“relevant local knowledge” means knowledge of local regulations and other navigation requirements and of the hazards and other features specific to an area of water which affect safe navigation in that area;

“relevant local knowledge endorsement” means an endorsement authorising operations in specified waters (or in a specified part of the waters) for which relevant local knowledge is required ;

“specialist towing or pushing operations” means operations involving the towing or pushing of vessels, including ship towage with tugs (other than emergency towing assistance and rigid pushing operations on waters of category A or B or waters of category C if not linked to other waters).

2.  (1)  Subject to the following provisions of this paragraph, a class of boatmaster’s licence or endorsement specified in column (1) of the table in Part 1 of this Schedule authorises a person to serve as master of a vessel of a description mentioned in column (2) for the purposes of operations of a description mentioned in that column and in the waters specified in that column.

(2) A cargo endorsement held by a person under the age of 21 does not authorise its holder to serve as master on a vessel if its overall length exceeds 40 metres (“overall length” being the maximum length of the vessel including all fixed installations such as parts of the steering system or power plant and mechanical or similar devices).

(3) In waters for which relevant local knowledge is required a boatmaster’s licence does not authorise its holder to undertake any operations (other than operations necessary to deal with an emergency) unless he also holds an endorsement appropriate to those waters.

3.  (1)  Subject to the following provisions of this paragraph, a class of UK certificate specified in column (1) of the table in Part 2 of this Schedule confers on its holder authority to serve as master of a vessel which is equivalent to that conferred by the class of boatmaster’s licence specified in column (2) of that table.

(2) In waters for which relevant local knowledge is required, a UK certificate does not authorise its holder to undertake any operations (other than operations necessary to deal with an emergency) unless it is a certificate attesting to his knowledge of local navigation requirements in those waters.

4.  (1)  Subject to the limitation specified in paragraph (2), a class of boatmaster’s certificate issued in an EEA State other than the United Kingdom corresponding to a class of UK certificate confers on its holder authority to serve as master of a vessel equivalent to the authority conferred by that class of UK certificate.

(2) The limitation is that no certificate authorises its holder to serve as master of a vessel at sea.

5.  A fast craft endorsement may be limited—

(a)to a specified description of vessel,

(b)to navigation on voyages following a specified route, or

(c)both to a specified description of vessel and to navigation on voyages following a specified route.

6.  Relevant local knowledge is required for operations in the waters specified in the table below.

Table: relevant local knowledge requirements
(1) Port or harbour area(2) Extent of waters where a relevant local knowledge endorsement is required
Bristol PortThe River Avon from Ashton Swing Bridge to the mouth of the Avon and King Road from Portishead Point to the port limits to the North and West
Caernafon and Menai StraitFrom the Southern Limit specified in the Menai Strait Pilotage District Pilotage Directions, that is an imaginary line joining positions 53˚09.6’N 004˚25.7’W (Malltraeth Bay); 53˚05.0’N 004˚32.15’W (Caernafon Bay) and 53˚00.55’N 004˚23.58’W (afon Hen, Clynnog) to a line drawn between Bangor Pier and Garth-y-Don
Dee ConservancyFrom an imaginary straight line connecting Point of Ayr (National Grid reference point SJ 12268519) and Hilbre Point (National Grid reference point SJ 20298843) to the Airbus Load-out Facility at Broughton
Dover HarbourThe harbour and the sea within a distance of one mile from the seaward limits of the harbour
Fowey HarbourThe upper estuary, north of Upper Carne Point
Gloucester HarbourThe Severn estuary from the harbour limits at Goldcliff to the weirs at Maisemore, Lanthony (Gloucester) on the tidal River Severn, and to Bigsweir Bridge on the tidal River Wye.
Port of LiverpoolThe River Mersey from a straight line drawn between the Perch Rock Lighthouse and Gladstone River Entrance West Bullnose, south to a straight line drawn between the East Bullnose of Eastham 50’ Lock and the West Bullnose of Stalbridge (Garston) Lock
Port of LondonThe River Thames from Putney Bridge to the eastern limit of the Thames Barrier Control Zone (currently Margaretness)
Padstow HarbourThe waters within a line joining Stepper Point, Gulland Rock and Pentire Point
Portsmouth HarbourThe waters between No. 4 Bar Buoy and a line drawn from No. 98 Pile to Whale Island.
Isles of ScillyThe waters within a line drawn from Bishop Rock Lighthouse to Scilly Rock, Round Island, White Island, Hanjague and around the South East of St Mary’s.
TeignmouthThe waters from Ness Point to 100 yards East of Den Lighthouse

Regulations 13 and 19

SCHEDULE 4STANDARDS OF COMPETENCE FOR BOATMASTER’S LICENCES AND CERTIFICATES

PART 1BOATMASTER’S LICENCES

Interpretation

1.  In this Part—

“candidate” means a person wishing to apply for a boatmaster’s licence of any class or an endorsement of a licence;

“examiner” means the person appointed under paragraph 8;

“qualifying service”, in relation to a Tier 2 licence, has the meaning given in regulation 11(10);

“syllabus” means the syllabus in paragraph 19.

Tier 1 licences: generic competencies

2.  The competencies required by the holder of a Tier 1 licence are—

(a)(according to the class of licence held) the practical skills and underpinning knowledge set out in sections 1 to 3 of the syllabus, and

(b)(in every case) knowledge of—

(i)basic personal survival and fire fighting techniques, and

(ii)first aid,

to the extent that such knowledge is necessary for the waters in which the holder of the licence is authorised to serve as master.

3.  The minimum level of knowledge necessary to meet the competency specified in paragraph 2(b) is an understanding of so much of the subject matter of section 12 of the syllabus as is appropriate to the class of licence.

Endorsements of Tier 1 licences: special competencies

4.  (1)  The competencies required by the holder of an endorsement of a Tier 1 licence other than a radar endorsement are (according to the class of endorsement held) the practical skills and underpinning knowledge set out in sections 4 to 11 of the syllabus.

5.  (1)  The competencies required for a radar endorsement are those which form the subject matter of the Small Ships Navigation and Radar Course.

(2) In sub-paragraph (1)—

“Small Ships Navigation and Radar Course” means the course for which the criteria and syllabus have been designed by the Merchant Navy Training Board and approved by the Maritime and Coastguard Agency.

Tier 2 licences: competencies

6.  The competencies required by the holder of a Tier 2 licence are—

(a)such of the generic practical skills, underpinning knowledge and knowledge of personal survival and fire fighting techniques and first aid prescribed in relation to Tier 1 licences as are relevant to the type of vessel operations in which the applicant has undertaken his qualifying service and to the waters to which the licence will relate;

(b)such of the further practical skills and underpinning knowledge as are prescribed in paragraph 4 or 5 of this Part of this Schedule in relation to endorsements of Tier 1 licences (other than the relevant local knowledge endorsement) as are relevant to the type of vessel and operations on which the applicant has undertaken his qualifying service and to the waters to which the licence will relate;

(c)knowledge of so much of the subject matter of section 11 of the syllabus as is relevant to the operational area to which the licence relates.

Evidence of attainment of appropriate standard of competence

7.  Each candidate must keep the following written records—

(a)a record of the necessary practical skills he has mastered and the knowledge and experience he has gained which are relevant to the class of licence or endorsement he wishes to apply for (the “Task Record Book”), and

(b)a record of his service and experience on vessels and in waters which are appropriate to the class of licence or endorsement he intends to apply for.

8.  Subject to paragraph 9, a candidate’s standard of competence must be assessed by a person who is—

(a)appointed for that purpose by the Secretary of State, or

(b)appointed by a person approved by the Secretary of State for the purpose of appointing examiners.

9.  (1)  A candidate is deemed to have the appropriate knowledge of basic personal survival and fire fighting techniques and first aid if he produces evidence to the Secretary of State that he has successfully completed a course the subject matter of which satisfies the requirements of paragraph 3.

(2) A candidate is deemed to have the competencies required for the issue of a radar endorsement if he produces evidence to the Secretary of State that he has successfully completed the Small Ships Navigation and Radar Course.

(3) In this paragraph, “successfully completed” means completed to the satisfaction of a person approved by the Maritime and Coastguard Agency who has provided the course.

10.  An application for an assessment of competence or part of an assessment—

(a)must be in such form and contain, or be accompanied by, such particulars and documents as the Secretary of State may specify, and

(b)must be accompanied by the prescribed fee.

11.  A candidate attending for the part of the assessment described in paragraph 12(1)(c) must produce his Task Record Book to the examiner.

12.  (1)  The assessment may, at the examiner’s discretion, consist of all or any of the following—

(a)a practical test of seamanship and vessel handling skill in a variety of circumstances chosen by the examiner and conducted on board a vessel of a kind reasonably representative of the class of vessel the command of which the licence or endorsement would authorise in waters appropriate to that class of licence or endorsement,

(b)a written or oral test of the candidate’s knowledge underpinning his practical skills, and

(c)oral questions about the entries in the Task Record Book,

(2) Different parts of the assessment may, if the examiner agrees, take place on different occasions.

13.  In the case of a candidate holding a qualification mentioned in regulation 35(1), a boatmaster’s certificate issued in an EEA State other than the United Kingdom or a Rhine navigation licence, the examiner may, in conducting his assessment, take account of the experience which the candidate has had of commanding or having charge of vessels.

14.  The examiner must as soon as practicable submit a report of his assessment to the Secretary of State and if he is satisfied that the candidate possesses the necessary competencies the Secretary of State must issue the appropriate boatmaster’s licence or endorsement to the candidate.

Representations by aggrieved candidates

15.  (1)  A candidate who is aggrieved by an assessment may make representations in writing to the Secretary of State, care of the Customer Care Manager at the appropriate Regional Office of the Maritime and Coastguard Agency setting out his complaint and the reasons for it.

(2) Upon receipt of such representations, the Customer Care Manager must investigate the complaint and if he considers it is justified may offer to take such action in relation to the complaint as he thinks fit.

16.  (1)  A candidate who is not satisfied with the action offered may appeal in writing to the Chief Executive of the Agency at Spring Place, 105 Commercial Road, Southampton SO15 1EG setting out the grounds of his appeal.

(2) Upon receipt of such representations, the Chief Executive must investigate the complaint and if he considers it is justified may offer to take such action in relation to the complaint as he thinks fit.

17.  (1)  A candidate who is not satisfied with the action offered may ask the Chief Executive to refer the complaint to an independent adjudicator for a review of the fairness of the handling of the complaint.

(2) The independent adjudicator may request such further written evidence as he reasonably requires and may make such recommendations as he thinks fit to the Chief Executive who must act upon them.

18.  For the avoidance of doubt, in paragraphs 15 to 17 “writing” includes e-mail.

Syllabus

19.  The syllabus is set out below—

Section 1. Generic competencies: Waters of categories A to D and the sea
1. Bridge watchkeeping
2. Meteorology
3. Ship manoeuvring
4. Vessel handling in extreme weather
5. Mooring and unmooring a vessel
6. Ropework, access and lifting gear
7. Ship knowledge (construction, maintenance, etc)
8. Basic engineering knowledge and machinery
9. Health and safety issues
10. Emergency action
11. Pollution prevention and handling and waste management
Section 2. Generic competencies: Waters of categories A and B only
1. Generic chartwork: waterway guides and maps where available
2. Ship manoeuvring: rigid or small tug towing
3. Locks and bridges
Section 3. Generic competencies: Waters of categories C and D and the sea
1. Tides and currents
2. Compass work
3. Bridge watchkeeping: steering by compass
4. Generic chartwork: use of nautical charts
5. Anchor work
Section 4. Passenger operations (general) endorsement
1. Knowledge of Domestic Safety Management Code requirements (Merchant Shipping Notice 1754 and Marine Guidance Note 158)
2. Procedures following an emergency, including recovery from the water, running aground, collision damage, fire and explosion (Merchant Shipping Notice 1754 and Marine Guidance Note 158)
3. First Aid – awareness of equipment carried and action required (i.e. pertaining to care of passengers – basic first aid covered in generic licence syllabus)
4. Pre-voyage procedures, including pre-voyage checks, crew briefing and passenger safety announcements, passenger counting and reporting (Merchant Shipping Notice 1729)
5. Firefighting equipment as fitted on vessel and appropriate to category of waters (not including basic Fire Safety covered in generic licence syllabus
6. Lifesaving appliances as fitted on vessel and appropriate to category of waters (not including basic water safety/personal survival covered in generic licence syllabus)
7. Fire prevention on passenger vessels – e.g. “No Smoking” areas
8. Knowledge of safety instructions (main and auxiliary emergency exits, gangplank, fire and evacuation plans and routes)
Section 5. Large passenger vessel endorsement
1. Berthing and unberthing of a large passenger vessel including management of crew duties
2. Specific manoeuvring skills
3. Crew pre-voyage briefing, passenger safety announcement
4. Knowledge of man overboard and recovery procedure with large vessel
5. Storage capacity, on board distribution, filling procedures for bunkers on large vessels
6. Pollution control measures with bunkers for large vessels
7. Knowledge of type, bhp, reduction gearboxes, power take-off uses on large vessels
8. Knowledge of type, KVA, power supply, other appliances on large vessels
9. Steering, anchor handling, engine controls on large vessels
10. Monitoring equipment, pumping system, pipelines on large vessels
11. Effective knowledge of all routine and emergency procedures under the Domestic Safety Management Code for the vessel
12. Knowledge of contents of first aid box
13. Control procedures for dealing with unruly passengers in large numbers
14. Use of public address system in an emergency
Section 6. Towing and pushing endorsement
1. Preparations for towing
2. Securing and letting go tow
3. Manoeuvring and managing tug and tow
4. Hazard identification and safety issues
Section 7. Cargo endorsement
General cargoes
1. Opening and closing cargo holds – risks, dangers and principles of safety
2. Loading and discharging – rigging of cargo gear, proper and appropriate use of slings and other types of lifting equipment, special loads management
3. Stowage and securing of cargoes including bulk cargoes
4. Loading and discharging – effects on stability
5. Loading and discharging procedures for bulk liquid, and powder, cargoes – awareness of free-surface effect on stability
6. Hold cleaning and preparation for cargoes
7. Ventilation of cargo holds
8. Stowage and securing of cargoes, including bulk cargoes – stowage and loading/unloading plans in context of vessel’s longitudinal strength; division of responsibilities between MCA and HSE
9. Liquid and powder cargoes – characteristics and storage
Packaged dangerous goods
1. Awareness of the 9 (UN) classes of dangerous cargoes as defined in the International Maritime Dangerous Goods (IMDG) Code and other sources
2. Awareness of the labels, marks and signs used to designate cargoes within those classes as indicated in the IMDG Code and other sources
Ro-ro operations
1. Loading, discharging and securing of vehicles
2. Vessel stability
3. Watertight integrity
Section 8. Oil and chemical cargo endorsement
1. Liquid cargoes – characteristics and storage
2. Dangerous cargoes – demonstrate knowledge of risks and safety precautions when handling
3. Hazardous cargoes – knowledge of risks (e.g. spontaneous combustion)
4. Documentation and cargo sampling procedures
5. Loading and discharging procedures for bulk oil and chemical cargoes – setting-up, connecting and disconnecting cargo lines, nozzles, hoses and couplings; operation of pumps and pipelines; dipping of tanks; taking samples of cargo; awareness of free-surface effect on stability
6. Ventilation and venting of cargo tanks
7. Knowledge of safety procedures and appropriate Personal Protective Equipment (PPE) for loading and discharging dangerous cargoes (Merchant Shipping Notice 1731)
8. (Where fitted to vessel) knowledge and understanding of Crude Oil Washing (COW) and Inert Gas (IG) systems
9. Appreciation of Code of Safe Practice for Solid Bulk Cargoes (BC Code)
10. Knowledge and use of spill clean-up materials
11. Pollution prevention equipment and pollution control measures and minimising environmental damage – full specific knowledge
12. Awareness of International Convention for the Prevention of Pollution from Ships (MARPOL) Annexes 2 and 3
Section 9. Dredging endorsement
1. Awareness and management of specific stability problems
2. Navigational hazards
3. Loading and discharging – demonstrate best principles
4. Managing operation to maintain personal safety
5. Awareness of free-surface effects
6. Bottom hazards
7. Air draft considerations including power cables
Section 10. Fast craft endorsement
1. Knowledge of all on-board propulsion systems, including communication and navigational equipment, steering, electrical, hydraulic and pneumatic systems and bilge and fire
2. The failure mode of the control, steering and propulsion systems and proper response to such failure
3. Handling characteristics of the craft and the limiting operational conditions
4. Bridge communication and navigation procedures
5. Impact and damage stability and survivability of the craft in damaged condition
6. Location and use of the craft’s life-saving appliances, including survival craft equipment
7. Location and use of escapes in the craft and the evacuation of passengers
8. Location and use of fire protection and extinguishing appliances and systems in the event of fire on board
9. Location and use of damage control appliances and systems, including operation of watertight doors and bilge pumps
10. Cargo and vehicle stowage and securing systems
11. Methods for control of and communication with passengers in an emergency
12. Location and use of all other items listed in the vessel’s training manual
Section 11. Relevant local knowledge endorsements
1. In any area, a good knowledge of local navigational regulations and byelaws

2. In an area where appropriate, knowledge of—

(a)

navigation authority publications

(b)

local signals and traffic regulations

(c)

local marks, including buoyage, lights, leading lights and marks

(d)

local dangers to navigation – including depths over banks, obstructions, currents and abnormal tidal streams

(e)

local safe havens and landing places in differing weather conditions

(f)

the times and heights of tides

(g)

safe courses in and out of local harbours

(h)

the location of, and means of communication with, the nearest Coastguard centre and other emergency services

(i)

local language terminology, including radio communications

(j)

local VTS and traffic control

(k)

local traffic density and patterns

(l)

types of traffic to be encountered

(m)

fixed items and air draft hazards (e.g. bridges)

(n)

other items of local knowledge which an examiner may deem to be necessary (e.g. current notices to mariners on temporary works)

Section 12. Personal survival, fire fighting and first aid competencies
(1) Knowledge or competency(2) Waters for which it is necessary
Personal survival and water safety
Awareness of safe practices and accident prevention in order to minimise risksAll waters
Awareness of the types of emergencies that might occur (e.g. collisions, fire, foundering, man-overboard)All waters
Knowledge of life saving appliances normally carried on inland waterways vessels for the relevant areas of operation (e.g. lifebuoys, lifejackets, lines)All waters
Correct utilisation of appliances to aid another crew member, or self, in the waterAll waters
Knowledge of types of lifejackets likely to be encounteredCategories C and D and sea
Donning and use of lifejacketsCategories C and D and sea
Knowledge of effects of immersion in water and hypothermia (including how to treat)All waters
Knowledge of recovery procedures in man-overboard situationsAll waters

Liferafts:

  • awareness of types likely to be encountered

  • stowage and deployment

  • awareness of maintenance and servicing requirements

  • knowledge of hydrostatic release units

Categories C and D and sea
Fire safety
Theory of combustion and the “fire triangle”All waters
Knowledge of types and sources of ignition likely to be encountered on vesselsAll waters
Awareness of flammable materials, fire hazards and spread of fireAll waters
Knowledge of best practice precautions and awareness of need for vigilanceAll waters
Knowledge of classification of fires (A, B, C & D) and correct extinguishing equipment and methods for each typeAll waters
Knowledge of types of extinguishers: water, dry powder, foam, CO2, fire blanket, etcAll waters
Know how to extinguish a fire (and demonstrate practical use of extinguishers)All waters
Knowledge of correct location of firefighting equipment on vesselAll waters
Awareness of types and use of fixed fire-fighting installations on large vesselsCategories C and D and sea
Knowledge of correct sequence for fire detection and raising the alarm (“FIRE” ): find, inform, restrict, extinguishAll waters
First aid
All waters
Awareness of body structure and functionsAll waters
Knowledge of the measures to be taken in cases of emergency, including—
(a) how to position a casualtyAll waters
(b) how to apply resuscitation techniques and maintain clear airwayAll waters
(c) how to control bleedingAll waters
(d) how to apply appropriate measures of basic shock managementAll waters
(e) appropriate measures in the event of burns and scalds, including accidents caused by electric currentAll waters
(f) how to rescue and transport a casualtyCategories C and D and sea
(g) how to improvise bandages and use materials in emergency kitAll waters
(h) how to raise the alarm efficiently and effectively for accidents or medical emergencies in different situationsAll waters
(i) how to identify promptly the probable cause, nature and extent of any injuriesCategories C and D and sea

PART 2BOATMASTERS’ CERTIFICATES

Interpretation

1.  In this Part—

“candidate” means a person wishing to apply for a boatmaster’s certificate of any class;

“examiner” means the person appointed under paragraph 8;

“syllabus” means the syllabus set out in paragraph 19;

Group A and B certificates: generic competencies

2.  The competencies required by the holder of a general Group A certificate are the practical skills and underpinning knowledge set out in section 1 of the syllabus.

3.  The competencies required by the holder of a general Group B certificate are the practical skills and underpinning knowledge set out in section 2 of the syllabus.

Group A and B certificates: special competencies

4.  The competencies required by the holder of a Group A or Group B certificate attesting competence in radar navigation are the practical skills and underpinning knowledge set out in section 3 of the syllabus.

5.  The competencies required by the holder of a Group A or Group B certificate attesting competence in passenger transport are the practical skills and underpinning knowledge set out in section 4 of the syllabus.

6.  The competencies required by the holder of a Group A or Group B certificate attesting knowledge of local navigation requirements are the practical skills and underpinning knowledge set out in section 5 of the syllabus.

Evidence of attainment of appropriate standard of competence

7.  Each candidate must keep a written record (a “Task Record Book”) of the necessary practical skills he has mastered and the knowledge and experience he has gained which are relevant to the class of certificate he wishes to apply for.

8.  A candidate’s standard of competence must be assessed by a person who is—

(a)appointed for that purpose by the Secretary of State, or

(b)appointed by a person approved by the Secretary of State for the purpose of appointing examiners.

9.  An application for an assessment of competence or part of an assessment—

(a)must be in such form and contain, or be accompanied by, such particulars and documents as the Secretary of State may specify, and

(b)must be accompanied by the prescribed fee.

10.  A candidate attending for the part of the assessment described in paragraph 11(2)(b) must produce his Task Record Book to the examiner.

11.  (1)  Except where paragraph 12 applies, the assessment must consist of—

(a)(where necessary) a practical test of seamanship and vessel handling skill in a variety of circumstances chosen by the examiner and conducted on board a vessel of a kind reasonably representative of the class of vessel the command of which the certificate would authorise in waters appropriate to that class of certificate; and

(b)an oral test of the candidate’s knowledge underpinning his practical skills.

(2) Subject to paragraphs 12 and 13, the assessment may, at the examiner’s discretion include—

(a)a written examination to test part or all of the candidate’s knowledge underpinning his practical skills, and

(b)questions about the entries in the Task Record Book.

(3) Different parts of the assessment may, if the examiner agrees, take place on different occasions.

12.  This paragraph applies where the candidate holds a Tier 1 boatmaster’s licence with both cargo and towing and pushing endorsements.

13.  Where paragraph 12 applies—

(a)the examiner must assess the candidate’s knowledge of the subject matter of those items in the syllabus for a Group A or Group B certificate marked (a) and (b) under the heading “Navigation” and (b) under the heading “Vessel construction and stability”;

(b)the examiner may assume (unless he has reason to believe otherwise) that the candidate possesses the remaining practical skills and underpinning knowledge required by the holder of a certificate of the group for which he has applied;

(c)the examiner may conduct—

(i)a test mentioned in paragraph 11(1), or

(ii)the test mentioned in paragraph 11(2)(b),

if, and only if, he reasonably believes it to be necessary.

14.  The examiner must as soon as practicable submit a report of his assessment to the Secretary of State and if he is satisfied that the candidate possesses the necessary competencies the Secretary of State must issue the appropriate boatmaster’s certificate to the candidate.

Representations by unsuccessful candidates

15.  (1)  A candidate who is aggrieved by an assessment may make representations in writing to the Secretary of State, care of the Customer Care Manager at the appropriate Regional Office of the Maritime and Coastguard Agency setting out his complaint and the reasons for it.

(2) Upon receipt of such representations, the Customer Care Manager must investigate the complaint and if he considers it is justified may offer to take such action in relation to the complaint as he thinks fit.

16.  (1)  A candidate who is not satisfied with the action offered may appeal in writing to the Chief Executive of the Agency at Spring Place, 105 Commercial Road, Southampton SO15 1EG setting out the grounds of his appeal.

(2) Upon receipt of such representations, the Chief Executive must investigate the complaint and if he considers it is justified may offer to take such action in relation to the complaint as he thinks fit.

17.  (1)  A candidate who is not satisfied with the action offered may ask the Chief Executive to refer the complaint to an independent adjudicator for a review of the fairness of the handling of the complaint.

(2) The independent adjudicator may request such further written evidence as he reasonably requires and may make such recommendations as he thinks fit to the Chief Executive who must act upon them.

18.  For the avoidance of doubt, in paragraphs 15 to 17 “writing” includes e-mail.

Syllabus

19.  The syllabus is as follows—

Section 1: General Group A certificates
1. Navigation
(a)

Exact knowledge of the traffic regulations of inland and maritime waterways, particularly the European Code for Inland Waterways and of the International Regulations for Preventing Collision at Sea and nautical signing (designation and buoying of waterways).

(b)

Knowledge of the general geographical, hydrological, meteorological and morphological characteristics of the main inland and maritime waterways.

(c)

Terrestrial navigation, including determination of course, position lines and ship’s position, nautical printed matter and publications, sea chart work, nautical marks and buoyage systems, checking of the compass and bases of tidology.

2. Vessel manoeuvring and handling
(a)

Handling of the vessel taking into account the effect of wind, current, thrust deduction and draught for the evaluation of sufficient buoyancy and stability.

(b)

The role and functioning of the rudder and propeller.

(c)

Anchoring and berthing in all conditions.

(d)

Manoeuvres in ports and locks and when meeting and passing other vessels.

3. Vessel construction and stability
(a)

Knowledge of the basic principles of vessel construction with particular regard to the safety of the crew, other persons and the vessel.

(b)

Basic knowledge of Directive 82/714/EEC of 4 October 1982(21), laying down the technical provisions for inland waterway vessels.

(c)

Basic knowledge of the main component parts of the vessel.

(d)

Theoretical knowledge of the buoyancy and stability rules and their practical application, especially seaworthiness.

(e)

Additional requirements, and in particular additional equipment, for maritime waterways.

4. Engines
(a)

Basic knowledge of the design and working of the engines to ensure their proper functioning.

(b)

Operation and inspection of the main and auxiliary engines and action to be taken in case of malfunction.

5. Loading and unloading
(a)

Use of draught indicators.

(b)

Determination of the loading weight using the certificate of measurement.

(c)

Loading and unloading and stowage of cargo (the stowage plan).

6. Action in special circumstances
(a)

Principles of accident prevention.

(b)

Measures to be taken in the event of damage, collision and running aground, including the sealing of leaks.

(c)

Use of rescue apparatus and equipment.

(d)

First aid in the event of accidents.

(e)

Prevention of fires and use of fire-fighting equipment.

(f)

Prevention of pollution of waterways.

(g)

Specific measures relating to the rescue of persons, vessels and cargo on maritime shipping routes and survival in distress.

Section 2: General Group B certificates
1. Navigation
(a)

Exact knowledge of the traffic regulations of inland and maritime waterways, particularly the European Code for Inland Waterways, including nautical signing (designation and buoying of waterways).

(b)

Knowledge of the general geographical, hydrological, meteorological and morphological characteristics of the main inland waterways.

(c)

Determination of course, nautical printed matter and publications and buoyage systems.

2. Vessel manoeuvring and handling
(a)

Handling of the vessel taking into account the effect of wind, current, thrust deduction and draught for the evaluation of sufficient buoyancy and stability.

(b)

The role and functioning of the rudder and propeller.

(c)

Anchoring and berthing in all conditions.

(d)

Manoeuvres in ports and locks and when meeting and passing other vessels.

3. Vessel construction and stability
(a)

Knowledge of the basic principles of vessel construction with particular regard to the safety of the crew, other persons and the vessel.

(b)

Basic knowledge of Directive 82/714/EEC of 4 October 1982 on the technical provisions for inland waterway vessels.

(c)

Basic knowledge of the main component parts of the vessel.

(d)

Theoretical knowledge of the buoyancy ad stability rules and their practical application.

4. Engines
(a)

Basic knowledge of the design and working of the engines to ensure their proper functioning.

(b)

Operation and inspection of the main and auxiliary engines and action to be taken in case of malfunction.

5. Loading and unloading
(a)

Use of draught indicators.

(b)

Determination of the loading weight using the certificate of measurement.

(c)

Loading and unloading and stowage of cargo (the stowage plan).

6. Action in special circumstances
(a)

Principles of accident prevention.

(b)

Measures to be taken in the event of damage, collision and running aground, including the sealing of leaks.

(c)

Use of rescue apparatus and equipment.

(d)

First aid in the event of accidents.

(e)

Prevention of fires and use of fire-fighting equipment.

(f)

Prevention of pollution of the waterways.

Section 3: Additional subjects for radar navigation certification
(a)

Knowledge of radar theory, general knowledge of radioelectric waves and principles of radar operation.

(b)

Ability to use radar equipment, interpretation of the radar display, analysis of the information obtained and knowledge of the limits of that information.

(c)

Use of the turn indicator.

(d)

Knowledge of the ECIW rules on radar navigation.

Section 4: Additional knowledge for passenger transport certification
(a)

Basic knowledge of technical regulations on the stability of passenger vessels in case of damage, division into watertight compartments and plane of maximum draught.

(b)

First aid in case of accidents.

(c)

Fire prevention and fire-fighting equipment.

(d)

Life-saving methods and equipment.

(e)

How to protect passengers in general and especially in the case of evacuation, damage, collision, running aground, fire, explosion and other situations which may give rise to panic.

(f)

Knowledge of safety instructions; emergency exits, gangplank and use of emergency helm.

Section 5: Additional knowledge for local navigational knowledge certification
The practical skills and underpinning knowledge required for the issue of a relevant local knowledge endorsement of a boatmaster’s licence.

Regulations 34 and 35

SCHEDULE 5TRANSITIONAL PROVISIONS

PART 1EXPERIENCED PERSONS HOLDING NO QUALIFICATIONS

Interpretation

1.  In this Part—

“service” means service in a working capacity;

“short qualifying period”, in relation to a person having served as master of a vessel on any vessel operation specified in column (1) of the table below, means the period of service specified in relation to that vessel operation in column (2) of that table, and “full qualifying period”, in relation to such a person, means the period of service so specified in column (3) of the table.

Table: Qualifying periods
(1) Vessel operations(2) Short qualifying period(3) Full qualifying period
A. Vessels operating in category C and D waters:
1. Where less than 24 metres load line length and not involved in carrying passengers, towing and pushing, dredging operations or operations with general cargo or oil and chemical cargoNot less than 120 days’ service during a period of not less than 12 monthsNot less than 240 days’ service during a period of not less than 24 months
2. Where 24 metres or more load line length and not involved in carrying passengers, towing and pushing, dredging operations or operations with general cargo or oil and chemical cargoNot less than 180 days’ service during a period of not less than 18 monthsNot less than 360 days’ service during a period of not less than 36 months
3. Where vessel is carrying no more than 12 passengersNot less than 240 days’ service during a period of not less than 24 monthsNot less than 300 days’ service during a period of not less than 36 months
4. Where less than 24 metres load line length and engaged in towing and pushing operationsNot less than 60 days’ service during a period of not less than 6 monthsNot less than 120 days’ service as part of the full qualifying period specified in relation to vessel operation A1 above
5. Where 24 metres or more load line length and engaged in towing and pushing operationsNot less than 120 days’ service during a period of not less than 12 monthsNot less than 180 days’ service as part of the full qualifying period specified in relation to vessel operation A2 above
6. Where less than 24 metres load line length and engaged in general cargo or dredging operationsNot less than 120 days’ service during a period of not less than 12 monthsNot less than 180 working days’ service as part of the full qualifying period specified in relation to vessel operation A1 above
7. Where 24 metres or more load line length and engaged in general cargo or dredging operationsNot less than 240 days’ service during a period of not less than 24 monthsNot less than 300 working days’ service as part of the full qualifying period specified in relation to vessel operation A2 above
8. Where less than 24 metres load line length and engaged in operations with oil and chemical cargoNot less than 120 days’ service during a period of not less than 12 monthsNot less than 240 working days’ service as part of the full qualifying period specified in relation to vessel operation A1 above
9. Where 24 metres or more load line length and engaged in operations with oil and chemical cargoNot less than 240 days’ service during a period of not less than 24 monthsNot less than 300 working days’ service as part of the full qualifying period specified in relation to vessel operation A2 above
B. Vessels operating in category A and B waters:
1. Where not involved in carrying passengers, towing and pushing, dredging operations or operations with general cargo or oil or chemical cargoNot less than 60 days’ service during a period of not less than 6 monthsNot less than 120 days’ service during a period of not less than 12 months
2. Where vessel is carrying no more than 12 passengersNot less than 60 days’ service during a period of not less than 6 monthsNot less than 120 days’ service during a period of not less than 12 months
3. Where engaged in towing and pushing operationsNot less than 30 days’ service during a period of not less than 3 monthsNot less than 90 days’ service as part of the full qualifying period specified in relation to vessel operation B1 above
4. Where engaged in general cargo operations or dredgingNot less than 60 days’ service during a period of not less than 6 monthsNot less than 120 days’ service as part of the full qualifying period specified in relation to vessel operation B1 above
5. Where engaged in operations with oil and chemical cargoNot less than 60 days’ service during a period of not less than 6 monthsNot less than 90 days’ service as part of the full qualifying period specified in relation to vessel operation B1 above
Table: Qualifying periods
(1) Vessel operations(2) Short qualifying period(3) Full qualifying period
A. Vessels operating in category C and D waters:
1. Where less than 24 metres load line length and not involved in carrying passengers, towing and pushing, dredging operations or operations with general cargo or oil and chemical cargoNot less than 120 days’ service during a period of not less than 12 monthsNot less than 240 days’ service during a period of not less than 24 months
2. Where 24 metres or more load line length and not involved in carrying passengers, towing and pushing, dredging operations or operations with general cargo or oil and chemical cargoNot less than 180 days’ service during a period of not less than 18 monthsNot less than 360 days’ service during a period of not less than 36 months
3. Where vessel is carrying no more than 12 passengersNot less than 240 days’ service during a period of not less than 24 monthsNot less than 300 days’ service during a period of not less than 36 months
4. Where less than 24 metres load line length and engaged in towing and pushing operationsNot less than 60 days’ service during a period of not less than 6 monthsNot less than 120 days’ service as part of the full qualifying period specified in relation to vessel operation A1 above
5. Where 24 metres or more load line length and engaged in towing and pushing operationsNot less than 120 days’ service during a period of not less than 12 monthsNot less than 180 days’ service as part of the full qualifying period specified in relation to vessel operation A2 above
6. Where less than 24 metres load line length and engaged in general cargo or dredging operationsNot less than 120 days’ service during a period of not less than 12 monthsNot less than 180 working days’ service as part of the full qualifying period specified in relation to vessel operation A1 above
7. Where 24 metres or more load line length and engaged in general cargo or dredging operationsNot less than 240 days’ service during a period of not less than 24 monthsNot less than 300 working days’ service as part of the full qualifying period specified in relation to vessel operation A2 above
8. Where less than 24 metres load line length and engaged in operations with oil and chemical cargoNot less than 120 days’ service during a period of not less than 12 monthsNot less than 240 working days’ service as part of the full qualifying period specified in relation to vessel operation A1 above
9. Where 24 metres or more load line length and engaged in operations with oil and chemical cargoNot less than 240 days’ service during a period of not less than 24 monthsNot less than 300 working days’ service as part of the full qualifying period specified in relation to vessel operation A2 above
B. Vessels operating in category A and B waters:
1. Where not involved in carrying passengers, towing and pushing, dredging operations or operations with general cargo or oil or chemical cargoNot less than 60 days’ service during a period of not less than 6 monthsNot less than 120 days’ service during a period of not less than 12 months
2. Where vessel is carrying no more than 12 passengersNot less than 60 days’ service during a period of not less than 6 monthsNot less than 120 days’ service during a period of not less than 12 months
3. Where engaged in towing and pushing operationsNot less than 30 days’ service during a period of not less than 3 monthsNot less than 90 days’ service as part of the full qualifying period specified in relation to vessel operation B1 above
4. Where engaged in general cargo operations or dredgingNot less than 60 days’ service during a period of not less than 6 monthsNot less than 120 days’ service as part of the full qualifying period specified in relation to vessel operation B1 above
5. Where engaged in operations with oil and chemical cargoNot less than 60 days’ service during a period of not less than 6 monthsNot less than 90 days’ service as part of the full qualifying period specified in relation to vessel operation B1 above

Applications for boatmasters’ licences

2.  (1)  An application under regulation 34 must—

(a)be in such form and contain, or be accompanied by, such particulars and documents as the Secretary of State may reasonably require,

(b)state the class of boatmaster’s licence applied for, and

(c)be accompanied by the prescribed fee.

(2) In particular, the Secretary of State may require a person making an application to produce a statement by an independent person attesting that he has completed (as the case may be) the short or full qualifying period of service in relation to the class of licence he is applying for.

Requirements for issue of licence

3.  A person making an application under regulation 34 must satisfy the Secretary of State that—

(a)he has, during the period of 5 years immediately preceding the date of his application, completed the short qualifying period of service as master of a vessel appropriate to the class of licence for which he has applied;

(b)he is medically fit to perform the duties normally performed by a person holding a licence (with or without that endorsement) of the relevant class, and

(c)he has the requisite practical skills and underpinning knowledge to hold a licence of the class for which he has applied;

(d)he has the requisite knowledge of the basic personal survival and fire fighting techniques appropriate to the class of licence applied for and of first aid.

4.  (1)  The Secretary of State may, if requested to do so by the applicant, temporarily waive the requirement in paragraph 3(d).

(2) Such a waiver has effect for a period of one year from the date of issue of the licence and the applicant may make no more than two such requests.

(3) A second request must be made while the waiver is effective and if the Secretary of State agrees to the request the waiver is extended for a further period of one year.

(4) If the Secretary of State waives the requirement the applicant must comply with it before the expiry of the waiver and if he fails to do so the provisions of regulation 34 shall cease to apply to him.

5.  (1)  In order to satisfy himself that the applicant complies with paragraph 3 the Secretary of State—

(a)(subject to sub-paragraph (2)) must require him to undergo such an assessment of his practical skills and underpinning knowledge as the Secretary of State may think fit,

(b)must require him to undertake such training in personal survival and fire fighting techniques or first aid as he may specify, and

(c)may require him to provide a medical report or undergo a medical examination.

(2) The Secretary of State need not impose the requirement in sub-paragraph (1)(a) if the applicant has completed the full qualifying period of service and the Secretary of State is satisfied that an assessment is unnecessary.

Assessments of competence

6.  Paragraph 10 of Part 1 of Schedule 4 applies to an assessment made pursuant to paragraph 3(c) as it applies to an assessment under that Schedule and the person appointed to make the assessment must as soon as practicable submit a report of his assessment to the Secretary of State.

7.  In imposing on an applicant a requirement to undergo an assessment of practical skills and underpinning knowledge the Secretary of State may specify that—

(a)all of the provisions of paragraphs 1 to 9 and 11 to 14 of Part 1 of Schedule 4, or

(b)such part of those provisions as the Secretary of State or a person appointed by him to make the assessment thinks fit,

are to apply as they apply in respect of an application under regulation 10.

Representations by aggrieved applicants

8.  Paragraphs 15 to 18 of Part 1 of Schedule 4 apply in respect of a grievance arising from an application made under regulation 34 as they apply in respect of a grievance arising from an application made under regulation 10.

PART 2CONVERSION OF EXISTING QUALIFICATIONS

Applications

1.  An application under regulation 35 must—

(a)be for a class of boatmaster’s licence which is the nearest equivalent to the qualification the applicant currently holds,

(b)be in such form and contain, or be accompanied by, such particulars and documents as the Secretary of State may specify, and

(c)be accompanied by the prescribed fee.

Requirements for conversion

2.  Where a person makes an application under paragraph 1, he must satisfy the Secretary of State that—

(a)he has the practical skills and underpinning knowledge required by the holder of a licence of the class applied for,

(b)he is medically fit to perform the duties normally performed by the holder of a licence (with or without that endorsement) of that class, and

(c)(except in the case of a person who currently holds a boatmaster’s licence issued under the 1993 Regulations) he has the requisite knowledge of the basic personal survival and fire fighting techniques required by the holder of a licence of that class and a knowledge of first aid.

3.  In order to satisfy himself that the applicant complies with paragraph 2 the Secretary of State may require him—

(a)to provide a medical report or undergo a medical examination,

(b)to undertake such training in personal survival and fire fighting techniques or first aid as he may specify and provide evidence of successful completion of the training course, or

(c)to undergo such an assessment of his practical skills and underpinning knowledge as the Secretary of State may think fit.

Assessments of competence

4.  Paragraph 10 of Part 1 of Schedule 4 applies to an assessment made pursuant to paragraph 3(c) as it applies to an assessment under that Schedule and the person appointed to make the assessment must as soon as practicable submit a report of his assessment to the Secretary of State.

5.  In imposing on an applicant a requirement to undergo an assessment of practical skills and underpinning knowledge the Secretary of State may specify that—

(a)all of the provisions of paragraphs 1 to 9 and 11 to 14 of Part 1 of Schedule 4, or

(b)such part of those provisions as the Secretary of State or a person appointed by him to make the assessment thinks fit,

are to apply as they apply in respect of an application under regulation 10.

Representations by aggrieved applicants

6.  Paragraphs 15 to 18 of Part 1 of Schedule 4 apply in respect of a grievance arising from an application made under regulation 35 as they apply in respect of a grievance arising from an application made under regulation 10.

EXPLANATORY NOTE

(This note is not part of the Regulations)

These Regulations:

(a)implement, as far as it is necessary to do so for the United Kingdom, Council Directive 96/50/EC of 23 July 1996 on the harmonisation of the conditions for obtaining national boatmasters’ certificates for the carriage of goods and passengers by inland waterway (OJ No. L235, 17.9.96, P.31), as amended by Regulation (EC) 1882/2003 of the EU Parliament and Council of 29 September 2003 (OJ No. L284, 31.10.2003, p.1);

(b)provide for standards of competence to be attained by masters of passenger vessels carrying no more than 250 passengers engaged on short voyages close to the coast;

(c)re-enact Part 3 of the Merchant Shipping (Local Passenger Vessels) (Masters’ Licences and Hours, Manning and Training) Regulations 1993 (self-employed masters’ hours of work).

Part 1 and Schedule 1 make provision for general matters, including the revocation of those parts of the Merchant Shipping (Local Passenger Vessels) (Masters’ Licences and Hours, Manning and Training) Regulations 1993 (S.I. 1993/1213, “the 1993 Regulations”) as are superseded.

Part 2 and Schedules 2, 3 and 4 implement the Directive in the following way:

(a)Regulation 7 provides that the Regulations apply to persons in charge of vessels of Classes IV to VI(A), IX(A) and IX(A)(T) when they are being navigated in waters of categories A, B, C and D and on some limited coastal voyages. It excludes from the scope of the Regulations those in charge of pleasure vessels and holders of certificates prescribed under the codes of practice for small seagoing vessels (“SCV Code qualifications”) and of certificates prescribed pursuant to the STCW Convention (“STCW certificates”) for masters of seagoing ships engaged on near-coastal voyages.

(b)Regulation 8 requires boatmasters to hold appropriate qualifications according to the type of vessel and the waters where it is being navigated. Three qualifications are new in relation to United Kingdom waters, namely the boatmaster’s licence, the boatmaster’s certificate (which may have been issued in the United Kingdom or an EEA State) and the Rhine navigation licence. Existing qualifications are valid for certain purposes, including STCW certificates for internal and inshore waters and qualifications currently acceptable under the non-statutory Inland Waters Small Passenger Boat Code.

(c)Because there are in the United Kingdom a large number of navigable inland waterways which are not linked to waterways in other Member States, regulations 9 to 14 provide for the issue of a nationally recognised licence in accordance with Article 3(2) of the Directive. Regulation 9 and Parts 1 and 3 of Schedule 3 specify the classes of licence which may be held and what authority they confer, regulation 10 provides for licence applications. Regulation 11 provides for applicants for licences and endorsements to have reached a specific minimum age (between 18 and 22, depending on the class of licence or endorsement) and, with some exceptions, to have completed a specified period of qualifying service on vessels. Regulation 12 imposes a medical fitness requirement and entitles the Secretary of State to revoke or suspend a licence if its holder is medically unfit and regulation 13 and Part 1 of Schedule 4 specifies the standards of competence to be attained and how they are assessed. Regulation 14 provides for validity periods and re-validation of licences (every 5 years for applicants aged 59, reducing in stages to yearly revalidation thereafter). There is special provision for former holders of Thames watermen’s licences.

(d)Regulations 15 to 19, Parts 2 and 3 of Schedule 3 and Part 2 of Schedule 4 make similar provision in respect of applications for and the issue of boatmasters’ certificates which, subject to local requirements and the terms of the Directive, are valid throughout the EEA. Part 3 of Schedule 3 provides for differences between certificates issued in the United Kingdom and those issued elsewhere in the EEA. There is no exact equivalent to regulation 14 but regulation 18 provides that a certificate issued in the UK remains valid after the holder attains the age of 45 only if he has a medical certificate (renewable every 5 years) confirming his fitness and also that every certificate must be revalidated yearly once its holder is 65. Certificates may be suspended or (in the case of UK certificates) revoked if the holder is medically unfit. In the case of non-UK certificates, the Secretary of State must inform the EEA State which issued the certificate of any suspension.

(e)Regulation 20 makes provision in respect of Rhine navigation licences, imposing medical fitness requirements on holders and enabling them to apply for a supplementary licence authorising them to navigate on local waters for which special knowledge is required.

(f)Regulation 21 disapplies certain local legislation to the extent that it is inconsistent with these provisions and in particular amends the Port of London Act 1968.

(g)Regulations 22 and 23 make provision about records and loss and surrender of licences and certificates and regulations 24 to 26 provide for enforcement by creating an offence where a vessel is operated with a medically unfit master, making provision for offences committed by bodies corporate and Scottish partnerships and providing for the detention of vessels.

Part 3 (regulations 27 to 30) re-enacts (with minor amendments) Part III of the 1993 Regulations which regulates the hours of work of self-employed masters of UK passenger vessels of Classes IV, V, VI and VI(A) in inland waters of categories A, B, C and D and on some limited coastal voyages.

Part 4 makes transitional provision for persons holding existing qualifications or no qualifications at all. Regulation 32 provides for licences issued under the 1993 Regulations to remain valid until expiry and for certain qualifications previously issued by local navigation authorities to remain valid for limited periods to enable holders to convert them to boatmasters licences. Regulation 33 enables holders of Thames watermen’s licences to continue working if they meet specified conditions and apply for boatmasters’ licences by 31st December 2006 (when all watermen’s licences expire) and further provides for the issue of boatmasters’ licences to them. Regulation 34 provides for experienced persons who currently are not required to hold any master’s qualification to obtain boatmasters’ licences – and by a shortened procedure if appropriate. Regulation 35 provides for the conversion of other qualifications to boatmasters’ licences and enables those licence and certificate holders who are authorised to act as masters in limited circumstances to convert their qualifications if they wish without having to undertake the full application and assessment procedure. This provision has effect until 31st December 2011. Schedule 5 makes provision for matters ancillary to regulations 34 and 35.

The Regulations are made under the powers contained in the 1995 Act except in so far as they amend or modify primary legislation or create new offences, as regards which they are made under the powers of section 2(2) of the European Communities Act 1972.

Copies of the STCW Convention and its annexes and amendments, including the STCW Code, can be obtained from the International Maritime Organization at 4 Albert Embankment, London SE1 7SR.

A Regulatory Impact Assessment and a Transposition Note have been prepared for these Regulations and copies may be obtained from Bay 2/16, Maritime and Coastguard Agency, Spring Place, 105 Commercial Road, Southampton SO15 1EG (telephone 023 8032 9209) or viewed on the Agency’s website at www.mcga.gov.uk. Copies have also been placed in the libraries of both Houses of Parliament.

(1)

1972 c.68. The enabling powers of section 2(2) were extended by virtue of the amendment of section 1(2) by section 1 of the European Economic Area Act 1993 (c.51) to enable regulations to be made to implement the obligations of the United Kingdom created by or arising under the EEA Agreement (as to which see regulation 5(1)).

(2)

1995 c.21. Section 85 was amended by the Merchant Shipping and Maritime Security Act 1997 (c.28), section 8 and Schedule 7, Part I, and by the British Overseas Territories Act 2002 (c.8), section 2(3). Sections 85 and 86 were applied to hovercraft by virtue of article 4 of the Hovercraft (Application of Enactments) Order 1989 (S.I. 1989/1350).

(3)

S.Is. 1993/595, 2002/248 and 2003/2901.

(4)

For the meaning of “safety regulations” see section 85(1) of the 1995 Act.

(6)

S.I. 1992/2356, to which there are amendments not relevant to these Regulations.

(7)

S.I. 1996/75, amended by S.I. 2004/302.

(8)

OJ No. L235, 17.9.96, p.31. The directive was applied to the European Economic Area by a Decision of the EEA Joint Committee of 1st May 1997 (OJ No. L424, 4.9.97, p. 70) and amended by Regulation (EC) 1882/2003 of the EU Parliament and Council of 29 September 2003 (OJ No. L284, 31.10.2003, p.1).

(10)

S.I. 1998/2771, amended by S.I. 2005/2114.

(11)

Cmnd. 9266 (Treaty Series No. 50).

(12)

Amendments are made by Cm. 3116 (Treaty Series No. 110), Cm. 3136, Cm. 3772 and Cm. 4784.

(13)

1987 c.21.

(14)

1968 c.xxxii. Sections 162(1)(l) and 164 were substituted by the Port of London Authority Harbour Revision Order 2003 (S.I. 2003/2556).

(15)

1964 c.40. Section 14 was amended by the Transport Act 1981, Schedule 6, paragraphs 2, 3, 4 and 14, and Schedule 12 Part II; and by the Transport and Works Act 1992, Schedule 3 paragraph 1.

(16)

1968 c.59.

(17)

S.I. 1998/1833; the relevant amending instruments are S.I. 2002/3128, 2003/1684, 2003/3049 and 2004/1713.

(18)

S.I. 2002/2125; the relevant amending instruments are S.I. 2003/3049, 2004/1469, 2004/1713 and 2005/2114.

(21)

OJ No. L301, 28.10.1982, p.1.

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