The Merchant Shipping (High Speed Craft) Regulations 2004

Application

3.—(1) Subject to paragraphs (2) and (3), these Regulations apply to every high-speed craft which meets all of the following criteria:

(a) it is either a United Kingdom high-speed craft, or a non-United Kingdom high-speed craft in United Kingdom waters,

(b) it is constructed on or after 1st January 1996, or was constructed before 1st January 1996 and repairs, alterations or modifications, or outfitting relating thereto, of a major character are made on or after 1st January 1996,

(c) it is (wholly or partly) sea-going or operating in any Category A, B, C or D waters, and

(d) it is:

(i) a passenger craft which does not proceed in the course of its voyage more than 4 hours at operational speed from a place of refuge when fully laden,

(ii) a craft which is carrying passengers for hire or reward which is not a passenger craft and which does not proceed in the course of its voyage more than 4 hours at operational speed from a place of refuge when fully laden,

(iii) a cargo craft of 500 gross tonnage or more which does not proceed in the course of its voyage more than 8 hours at operational speed from a place of refuge when fully laden, or

(iv) a cargo craft of less than 500 gross tonnage which is carrying cargo for hire or reward and which does not proceed in the course of its voyage more than 8 hours at operational speed from a place of refuge when fully laden.

(2) These Regulations do not apply to a high speed craft which is:

(a) a pleasure craft,

(b) a warship, naval auxiliary or other craft owned or operated by a State and used, for the time being, only on government non-commercial service,

(c) a craft not propelled by mechanical means,

(d) a wooden craft of primitive build,

(e) a fishing craft,

(f) a craft which has been examined, and in respect of which appropriate certificates have been issued, in accordance with one of the following documents referred to in regulations 4 and 5 of the Merchant Shipping (Vessels in Commercial Use for Sport or Pleasure) Regulations 1998(1), or in accordance with any document amending one or more of those documents which is considered by the Secretary of State to be relevant from time to time:

(i) the Code of Practice for Safety of Large Commercial Sailing and Motor Vessels,

(ii) The Safety of Small Commercial Sailing Vessels – A Code of Practice,

(iii) The Safety of Small Commercial Motor Vessels – A Code of Practice,

(iv) The Safety of Small Vessels in Commercial Use for Sport or Pleasure Operating from a Nominated Departure Point - A Code of Practice,

(g) a craft which has been surveyed, certified and maintained in accordance with, and which complies with, regulation 5 of the Merchant Shipping (Small Workboats and Pilot Boats) Regulations 1998(2).

(3) These Regulations apply to a high speed craft which is within the description set out in regulation 4(3) (Application) of the Merchant Shipping (Passenger Ships on Domestic Voyages) Regulations 2000(3) subject to the provisions of those Regulations.

(1)

S.I. 1998/2771, amended by S.I. 2000/482 and S.I. 2002/1473.

(2)

S.I. 1998/1609.

(3)

S.I. 2000/2687.