Statutory Instruments
MERCHANT SHIPPING
Made
14th April 1993
Laid before Parliament
22nd April 1993
Coming into force
In accordance with regulation 1
The Secretary of State, in exercise of the powers conferred by the enactments specified in Schedule 1 to these Regulations, and of all other powers enabling him in that behalf, hereby makes the following Regulations:
1. These Regulations may be cited as the Merchant Shipping (Vessels in Commercial Use for Sport or Pleasure) Regulations 1993 and shall come into force:
(a)in the case of vessels which are not small vessels, on 13th May 1993; and
(b)in the case of small vessels, on 1st April 1994.
2. In these Regulations:
“appropriate certificate” means a certificate issued under regulation 9 or 15 below or as mentioned in regulation 10;
“non-United Kingdom vessel” means a vessel which is not a United Kingdom ship within the meaning of section 21(2) of the Merchant Shipping Act 1979(1);
“small vessel” means an existing ship of less than 150 tons gross or a new ship of less than 24 metres in length; and for this purpose “existing ship”, “new ship”, “tons gross” and “length” have the same meaning as in the Merchant Shipping (Load Lines) Act 1967(2).
3.—(1) For the definition of “pleasure yacht” or “pleasure craft”, as the case may be, in the Regulations and Rules listed in Schedule 2 to these Regulations there shall be substituted the following:
“pleasure vessel” means—
any vessel which at the time it is being used is:
in the case of a vessel wholly owned by an individual or individuals is used only for the sport or pleasure of the owner or the immediate family or friends of the owner; or
in the case of a vessel owned by a body corporate, the persons on the vessel are employees or officers of the body corporate, or their immediate family or friends; and
on a voyage or excursion which is one for which the owner does not receive money 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 excursion; or
any vessel wholly owned 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
in the case of any vessel referred to in paragraphs (i) or (ii) above no other payments are made by or on behalf of users of the vessel, other than by the owner.
In this definition “immediate family” means—
in relation to an individual, the husband or wife of the individual, and a relative of the individual or the individual’s husband or wife, and “relative” means brother, sister, ancestor or lineal descendant.
(2) For all references in the Regulations and Rules listed in Schedule 2 to pleasure craft or pleasure yachts there shall be substituted references to pleasure vessels.
4. Subject to regulation 16(2) below, regulations 5 to 19 apply:
(a)to any sea going United Kingdom vessel used for sport or pleasure which is not a pleasure vessel (as defined in regulation 3 above); and
(b)except in the case of regulation 16, to any other seagoing vessel which:
(i)is not a small vessel; and
(ii)is used for sport or pleasure; and
(iii)is not a pleasure vessel as defined in regulation 3 above;
whilst in United Kingdom ports.
5. The statutory instruments made under the Merchant Shipping (Load Lines) Act 1967 listed in Schedule 3 shall apply to vessels (whether or not registered) to which this regulation applies as they apply to other vessels and references in these Regulations to the “Load Lines Rules” means the Merchant Shipping (Load Line) Rules 1968(3) as so applied.
6. Subject to regulation 16(2) below, in addition to the requirements of regulation 5, and subject to regulation 10 and to any exemption conferred by regulation 14, no vessel to which this regulation applies shall proceed or attempt to proceed to sea unless:
(a)the vessel has been surveyed in accordance with the Load Lines Rules;
(b)the vessel is marked with a deck-line and with load lines in accordance with those Rules;
(c)the vessel complies with the conditions of assignment in accordance with those Rules; and
(d)the stability information required by those Rules is provided for the guidance of the master of the vessel in the manner determined in accordance with the Rules.
7.—(1) Where a vessel to which this regulation applies is marked with load lines, the vessel shall be so loaded that:
(a)if the vessel is in salt water and has no list, the appropriate load line on each side of the vessel is not submerged; or
(b)in any other case, the appropriate load line on each side of the vessel would not be submerged if the vessel was in salt water and had no list.
(2) For the purposes of the application of this regulation to a vessel in any circumstances prescribed by the Load Line Rules “the appropriate load line” means the load line which, in accordance with those Rules, indicates the maximum depth to which the vessel may be loaded in salt water in those circumstances.
8. Except where duly authorised by the Secretary of State no person shall conceal, remove, alter, deface or obliterate, or cause or permit any other person under his control to conceal, remove, alter, deface or obliterate, any mark with which the vessel is marked in accordance with the Load Lines Rules.
9.—(1) Where a vessel to which this regulation applies has been surveyed and marked in accordance with the Load Line Rules, a certificate, complying with the provisions of this regulation or regulation 15 shall, on application, be issued to the owner of the vessel.
(2) For the purposes of this regulation the certificate referred to in subparagraph (1) shall be:
(a)in the case of a United Kingdom vessel which is not a small vessel an “International Load Line Certificate (1966)”; or
(b)in the case of a small United Kingdom vessel, a “United Kingdom Load Line Certificate”; or
(c)in the case of any non-United Kingdom vessel, a “United Kingdom Load Line Certificate”.
(3) Subject to the following paragraph, any certificate required by paragraph (1) of this regulation to be issued shall:
(a)be in such form, and shall be issued in such manner, as is prescribed by the Load Line Rules; and
(b)be issued by the Department of Transport or by an organisation or a person authorised in that behalf by the Department.
(4) Any certificate referred to in paragraph (2)(c) above shall be valid only so long as the vessel is not plying on international voyages, and shall be cancelled by the Secretary of State if he has reason to believe that the vessel is plying on international voyages; and in this paragraph “international voyage” has the same meaning as in the Merchant Shipping (Load Lines) Act 1967.
10. Regulations 6 and 9(1) above do not apply to a non-United Kingdom vessel in respect of which a valid International Load Line Certificate (1966) has been issued.
11. Where an appropriate certificate, which is in force, is produced in respect of the vessel to which the certificate relates:
(a)the vessel shall be deemed to have been surveyed in accordance with the Load Line Rules; and
(b)if lines are marked on the vessel corresponding in number and description to the deck-line and load lines as required by the Load Line Rules, and the positions of those lines so marked correspond to the positions of the deck-line and load lines as specified in the certificate, the vessel shall be deemed to be marked as required by those Rules.
12.—(1) Subject to regulation 16 below, no vessel to which this regulation applies shall proceed or attempt to proceed to sea unless the appropriate certificate is in force in respect of the vessel.
(2) Before any such vessel proceeds to sea, the master of the vessel shall produce the appropriate certificate to the officer of Customs from whom a clearance for the vessel is demanded; and a clearance shall not be granted, and the vessel may be detained until the appropriate certificate is so produced.
13.—(1) When a certificate is issued in respect of a vessel under regulation 9 or 15 of these Regulations the owner of the vessel shall forthwith on receipt of the certificate cause it to be framed and posted up in some conspicuous place on board the vessel, and shall cause it to be kept so framed and posted up and legible so long as the certificate remains in force and the vessel is in use.
(2) A surveyor duly authorised by the Secretary of State may inspect any vessel to which this Part of these Regulations apply, for the purpose of seeing that the provisions of this Part of these Regulations have been complied with in respect of the vessel.
14. The Secretary of State may exempt any vessel or description of vessel (other than a non-United Kingdom vessel which has an International Load Line Certificate (1966)) from all or any of the provisions of this Part of these Regulations on such terms, if any, as he may specify.
15.—(1) Where the Secretary of State exempts an individual vessel in accordance with regulation 14 from any of the provisions of regulations 5 to 13 above he shall issue a certificate in accordance with paragraph (2) of this regulation.
(2) In the case of a United Kingdom vessel which is a small vessel and in the case of a non-United Kingdom vessel, the certificate shall be a United Kingdom Load Line Exemption Certificate and in any other case, the certificate shall be an International Load Line Exemption Certificate.
(3) Any certificate issued under this regulation shall be in such form, and shall be issued in such manner, as prescribed by the Load Line Rules.
16.—(1) In this regulation:
(a)“Code of Practice” means “The Safety of Small Commercial Sailing Vessels-A Code of Practice” or “The Safety of Small Commercial Motor Vessels-A Code of Practice”, as appropriate, published by the Marine Directorate of the Department of Transport, and includes any document amending the same which is considered to be relevant from time to time and specified by the Secretary of State in a Merchant Shipping Notice;
(b)“the phase-in arrangements of the Code of Practice” mean the arrangements set out in the relevant paragraph of the Code of Practice.
(2) Regulations 5, 6 and 12 above and the statutory instruments listed in Schedule 4 to these Regulations do not apply to a vessel which has been examined, and in respect of which a certificate has been issued, in accordance with the Code of Practice, or to a vessel which is operating under the phase-in arrangements of the Code of Practice.
(3) Where a vessel has been so examined and a certificate issued, the vessel shall not proceed or attempt to proceed to sea unless:
(a)the certificate is currently in force;
(b)the vessel complies with the requirements of the relevant Code of Practice (including any requirements as to operation, manning and maintenance); and for this purpose any provision of the Code expressed in the conditional (i.e.“should”) shall be a requirement; and
(c)the certificate is displayed in some conspicuous place on board.
(4) Where a vessel is operating under the phase-in arrangements of the Code of Practice it shall not proceed or attempt to proceed to sea unless:
(a)it has been registered with one of the certifying authorities appointed to examine vessels and issue certificates; and
(b)the particulars of the vessel have been entered on the register by the certifying authority and a notification to this effect has been issued to the owner; and
(c)the notification is displayed in some conspicuous place on board; and
(d)the vessel complies with the declaration made by the owner to the certifying authority, as required by the Code of Practice
(5) This regulation applies only to small vessels.
17.—(1) Where these Regulations require that a particular fitting, material, appliance or apparatus, or type thereof, shall be fitted or carried in a vessel, or that any particular provision shall be made, the Secretary of State shall permit any other fitting, material, appliance or apparatus or type thereof to be fitted or carried or any other provision to be made in that vessel if he is satisfied by trial thereof or otherwise that such other fitting, material, appliance or apparatus, or type thereof, or provision is at least as effective as that required by these Regulations.
(2) For the purpose of these Regulations, the results of verifications and tests carried out by the bodies and laboratories of other European Member States offering suitable and satisfactory guarantees of technical and professional competence and independence shall be accepted.
18.—(1) Contravention of any of these Regulations shall be an offence by the owner and the master of the vessel which shall render both of them liable on summary conviction to a fine not exceeding the statutory maximum, or on conviction on indictment to imprisonment for a term not exceeding two years and a fine.
(2) Contravention of regulation 8 above by any person shall be an offence rendering him liable on summary conviction to a fine not exceeding level 5 on the standard scale.
(3) It shall be a good defence to a charge under this regulation to prove that the person charged took all reasonable steps to avoid commission of the offence.
19. In any case where a vessel does not comply with the requirements of these Regulations, the vessel shall be liable to be detained and subsections (1) to (3) of section 692 of the Merchant Shipping Act 189(4) (which relate to the detention of a ship) shall have effect in relation to the vessel, subject to the modification that for the words “this Act” wherever they appear, there are substituted “the Merchant Shipping (Vessels in Commercial Use for Sport or Pleasure) Regulations 1993”.
Signed by authority of the Secretary of State for Transport
Caithness
Minister of State,
Department of Transport
14th April 1993
Preamble
The provisions of the Regulations referred to in column 1 are made under the enabling powers listed opposite them in column 3, after consultation (if any) as mentioned in column 2.
| (1) | (2) | (3) | (4) |
|---|---|---|---|
| Provision of Regulations | Statutory prior consultation | Enabling power | Chapter No. and amendments of enabling power |
* The powers conferred by these sections are now vested in the Secretary of State: see S.I. 1970/1537. | |||
| 1-19, Schedule 2, Parts 3 and 4 and Schedule 3 | Yes, of persons referred to in section 22(1) of Merchant Shipping Act 1979 | Merchant Shipping Act 1979, section 21(1)(a) and (b) and (3) to (6) and section 22(1) | 1979 c. 39; section 21(6) was amended by the Criminal Justice Act 1982(c. 48) |
| 1-3 and Schedule 2 Part 1 | Not required | Merchant Shipping Act 1894, section 427 | 1894 c. 60; section 427 was substituted by section 2 of the Merchant Shipping (Safety Convention Act 1949 (c. 43)* |
| 1-3 and Schedule 2 Part 2 | Not required | Merchant Shipping Act 1965, section 1 | 1965 c. 47* |
| 1-3 and Schedule 2 Part 3 | Yes, of organisations referred to in section 99(2) of the Merchant Shipping Act 1970 | Merchant Shipping Act 1970, section 43 | 1970 c. 27* |
| 1-3 and Schedule 2 Part 5 | Not required | Merchant Shipping Act 1988, sections Part 33 and 53 | 1988 c. 12 |
Regulation 3
Rules made under section 427 of the Merchant Shipping Act 1894, in which the definition of “pleasure craft” is amended.
| Statutory Instrument | S.I. No. * | Regulation containing the definition of “pleasure craft” which is amended |
|---|---|---|
| The Merchant Shipping (Fire Protection) (Non-United Kingdom) (Non-SOLAS Ships) Rules 1986 | 1986/1248 | 2 |
Regulations made under section 1 of the Merchant Shipping Act 1965, in which the definition of “pleasure yacht” is amended.
| Statutory Instrument | S.I. No. * | Regulation containing the definition of “pleasure yacht” which is amended |
|---|---|---|
| The Merchant Shipping (Tonnage) Regulations 1982 | 1982/841 | 2 |
Regulations made under sections 43, 50 and 68 of the Merchant Shipping Act 1970 and section 21 of the Merchant Shipping Act 1979, in which the definition of “pleasure craft” is amended.
| Statutory Instrument | S.I. No. * | Regulation containing the definition of “pleasure craft” which is amended |
|---|---|---|
| The Merchant Shipping (Certificate of Marine Engineer Officers and Licensing of Marine Engine Operators) Regulations 1986 | 1986/1935 | 2(1) |
| The Merchant Shipping (Certification of Deck Officers) Regulations 1985 | 1985/1306 | 2(1) |
| The Merchant Shipping (Navigational Watch Ratings) Regulations 1984 | 1984/96 | 2 |
| The Merchant Shipping (Engine Room Watch Ratings) Regulations 1984 | 1984/95 | 2 |
| The Merchant Shipping (Certification and Watchkeeping) Regulations 1982 | 1982/1699 | 2(1) |
Regulations made under section 21 of the Merchant Shipping Act 1979, in which the definition of “pleasure craft” is amended.
| Statutory Instrument | S.I. No. * | Regulation containing the * definition of “pleasure craft” which is amended |
|---|---|---|
| The Merchant Shipping (Navigational Equipment) Regulations 1993 | 1993/69 | 2(1) |
| The Merchant Shipping (Safe Manning Document) Regulations 1992 | 1992/1564 | 2 |
| The Merchant Shipping (Radio Installations) Regulations 1992 | 1992/3 | 1(3) |
| The Merchant Shipping (Provisions and Water) Regulations 1989 | 1989/102 | 2(2) |
| The Merchant Shipping (Safe Movement on Board Ship) Regulations 1988 | 1988/1641 | 2 |
| The Merchant Shipping (Hatches and Lifting Plant) Regulations 1988 | 1988/1639 | 2 |
| The Merchant Shipping (Entry into Dangerous Spaces) Regulations 1988 | 1988/1638 | 2 |
| The Merchant Shipping (Means of Access) Regulations 1988 | 1988/1637 | 2 |
| The Merchant Shipping (Guarding of Machinery and Safety of Electrical Equipment) Regulations 1988 | 1988/1636 | 1(2) |
| The Merchant Shipping (Life Saving Appliances) Regulations 1986 | 1986/1066 | 2 |
| The Merchant Shipping (Medical Stores) Regulations 1986 | 1986/144 | 1(3) |
| The Merchant Shipping (Protective Clothing and Equipment) Regulations 1985 | 1985/1664 | 2 |
| The Merchant Shipping (Fire Protection) (Ships Built Before 25th May 1980) Regulations 1985 | 1985/1218 | 1(2) |
| The Merchant Shipping (Fire Protection) Regulations 1984 | 1984/1218 | 1(2) |
| The Merchant Shipping (Cargo Ship Construction and Survey) Regulations 1984 | 1984/1217 | 1(2) |
| The Merchant Shipping (Health and Safety: General Duties) Regulations 1984 | 1984/408 | 2 |
| The Merchant Shipping Medical Examination) Regulations 1983 | 1983/808 | 2 |
| The Merchant Shipping (Safety Officials and Reporting of Accidents and Dangerous Occurrences) Regulations 1982 | 1982/876 | 1(2) |
| The Merchant Shipping (Cargo Ship Construction and Survey) Regulations 1981 | 1981/572 | 1(2) |
| The Merchant Shipping (Code of Safe Working Practices) Regulations 1980 | 1980/686 | 1(2) |
| The Merchant Shipping (Fire Appliances) Regulations 1980 | 1980/544 | 1(2) |
| The Merchant Shipping (Life Saving Appliances) Regulations 1980 | 1980/538 | 1(2) |
Regulations made under section 33 of the Merchant Shipping Act 1988, in which the definition of “pleasure craft” is amended.
Regulation 5
The statutory instruments listed below are those referred to in regulation 5 of these Regulations.
| Statutory Instrument | S.I. No. | Amended by—S.I. No. |
|---|---|---|
| The Merchant Shipping (Load Line) Rules 1968 | 1968/1053 | 1970/1003; 1979/1267; 1990/2128 |
| The Merchant Shipping (Load Lines) (Length of Ship) Regulations 1968 | 1968/1072 | |
| The Merchant Shipping (Load Lines) (Deck Cargo) Regulations 1968 | 1968/1089 | |
| The Merchant Shipping (Load Lines) (Exemption) Order 1968 | 1968/1116 | 1990/365; 1991/1298 |
| The Merchant Shipping (Load Lines) (Particulars of Depth of Loading) Regulations 1972 | 1972/1841 |
Regulation 16(2)
The statutory instruments listed below are those referred to in regulation 16(2) of these Regulations.
| Statutory Instrument | S.I. No. | Amended by—S.I. No. |
|---|---|---|
| The Merchant Shipping (Certification of Deck Officers) Regulations 1985 | 1985/1306 | 1987/884; 1991/1819 |
| The Merchant Shipping (Certification of Marine Engineer Officers and Licensing of Marine Engineer Operators) Regulations 1986 | 1986/1935 | 1987/884; 1991/1819 |
| The Merchant Shipping (Crew Accommodation) Regulations 1978 | 1978/795 | 1979/491; 1984/41; 1989/184 |
| The Merchant Shipping (Fire Appliances) Regulations 1980 | 1980/544 | 1981/574; 1985/1194; 1986/1070 |
| The Merchant Shipping (Fire Protection) Regulations 1984 | 1984/1218 | 1985/1193; 1986/1070; 1992/2360 |
| The Merchant Shipping (Fire Protection) (Ships Built Before 25th May 1980) Regulations 1985 | 1985/1218 | |
| The Merchant Shipping (Fire Protection) (Non-United Kingdom) (Non-SOLAS Ships) Rules 1986 | 1986/1248 | |
| The Merchant Shipping (Life-Saving Appliances) Regulations 1980 | 1980/538 | 1981/577; 1986/1072; 1991/1300 |
| The Merchant Shipping (Life-Saving Appliances) Regulations 1986 | 1986/1066 | 1991/1300 |
| The Merchant Shipping (Medical Stores) Regulations 1986 | 1986/144 | 1988/1116 |
| The Merchant Shipping (Radio Installations) Regulations 1992 | 1992/3 | |
| The Anchors and Chain Cables Rules 1970 | 1970/1453 | |
| The Merchant Shipping (Cargo Ship Construction and Survey) Regulations 1981 | 1981/572 | 1984/1219; 1985/663 |
| The Merchant Shipping (Cargo Ship Construction and Survey) Regulations 1984 | 1984/1217 | 1986/1067; 1992/2358 |
(This note is not part of the Regulations)
The purpose of these Regulations is twofold. First, it is to amend certain Merchant Shipping Regulations and Rules having a definition of either “pleasure yacht” or “pleasure craft”. A new definition, “pleasure vessel”, is substituted, which has the effect of excluding vessels in commercial use.
Secondly the Merchant Shipping (Load Lines) Rules 1968 are applied to vessels used for sport or recreation when in commercial use. This will give effect to the International Convention on Load Lines 1966 (Cmnd. 3070). For smaller ships (below the lower size limit in that Convention) the coming into force of the Regulations is delayed with an option for such vessels to comply with a Code of Practice.
The Codes of Practice referred to in the Regulations are obtainable from Her Majesty’s Stationery Office. Merchant Shipping Notices are obtainable from the Department of Transport Marine Library, Sunley House, 90 High Holborn, London WC1V 6LP and from any Department of Transport Marine Office.
1979 c. 39; as to the meaning of “Citizen of the United Kingdom and Colonies”, referred to in section 21(2), see now the British Nationality Act 1981 (c. 61), section 51(3).
1894 c. 60; subsection (1) was amended by the Merchant Shipping Act 1979 (c. 39), section 43(3) and Schedule 6, Part VIII.