The Merchant Shipping (Prevention of Oil Pollution) Regulations 1996

“Existing” oil Tankers (building contracts before 6th July 1993)

31.—(1) Subject to paragraphs (2) and (3), this regulation applies to every crude oil tanker of 20,000 tons deadweight and above and to every product carrier of 30,000 tons deadweight and above—

(a) for which the building contract was placed before 6th July 1993; or

(b) in the absence of a building contract, the keel of which is laid or which is at a similar stage of construction before 6th January 1994; or

(c) the delivery of which was before 6th July 1996.

(2) This regulation does not apply (or, having applied, shall cease to apply) to a crude oil tanker or product carrier which has undergone a major conversion—

(a) for which the contract is placed after 6th July 1993; or

(b) in the absence of a contract, the construction work of which is begun after 6th January 1994; or

(c) which is completed after 6th July 1996.

(3) This regulation does not apply (or, having applied, shall cease to apply) to an oil tanker which, although not required to comply with the requirements of regulation 30,—

(a) does in fact comply with—

(i) the requirements of Schedule 6 in Merchant Shipping Notice 1643/MARPOL 1; or

(ii) those requirements as modified in accordance with Schedule 7 in Merchant Shipping Notice 1643/MARPOL 1; or

(b) conforms to other methods of design and construction which satisfy the requirements of regulation 30(5);

and, for the purposes of this regulation, an oil tanker which does not meet in all respects the requirements mentioned in sub-paragraph (a) or (b) as regards minimum distances between the cargo tank boundaries and the ship side and bottom plating shall be treated as meeting those requirements if—

(A) the side protection distance is not less than that which the IBC Code specifies for Type 2 cargo tank location (that is to say, the said distance is nowhere less than 760mm from the shell plating); and

(B) the bottom protection distance is not less than the lesser of B/15 and 2 metres.

In subparagraph (A) above, “IBC Code” means the International Code for the Construction and Equipment of Ships Carrying Dangerous Chemicals in Bulk (1994 Edition) published by the Organization and includes any document amending it which is considered relevant by the Secretary of State and is specified in a Merchant Shipping Notice.

(4) (a) An oil tanker to which this regulation applies—

(i) if it is a United Kingdom ship, shall be subject to an enhanced programme of inspections during renewal, annual, and intermediate surveys conducted pursuant to regulations 4, 5 and 6;

(ii) if it is not a United Kingdom ship, shall have undergone periodical, intermediate and annual surveys as provided for by the Convention;

and the scope of such surveys shall at least comply (if the tanker is a United Kingdom ship) or have complied (if the tanker is not a United Kingdom ship) with guidelines developed by the Organization pursuant to regulation 13G(3)(a) of the Convention.

(b) An oil tanker to which this regulation applies and which is over five years of age shall carry on board a complete file containing the reports or copies of the reports on surveys of the ship carried out pursuant to—

(i) the requirements of these Regulations (if the tanker is a United Kingdom ship);

(ii) the requirements of the Convention (if the tanker is not a United Kingdom ship);

and the file shall contain the results of all scantling measurement required and a statement of all structural work carried out and shall be available for inspection—

(A) if the tanker is a United Kingdom ship, by the Certifying Authority, or by the competent authority of the Government of any State (other than the United Kingdom) which is a party to the Convention;

(B) if the tanker is not a United Kingdom ship, by a Certifying Authority.

(c) The file shall be accompanied by a condition evaluation report containing conclusions on the structural condition of the ship and its residual scantlings, and endorsed to indicate that it is considered satisfactory—

(i) if the tanker is a United Kingdom ship, by the Certifying Authority;

(ii) if the tanker is not a United Kingdom ship, by or on behalf of the Government of the State whose flag the ship is entitled to fly.

(d) The file and condition evaluation reports shall be prepared in a standard format in accordance with guidelines developed by the Organization pursuant to the said regulation 13G(3)(a) of the Convention.

(5) (a) Subject to paragraph (b), an oil tanker—

(i) which is not a new oil tanker as defined in regulation 17(1); and

(ii) to which this regulation still applies immediately before the expiration of 25 years from the date on which it was delivered;

shall on the expiration of that period become subject to the provisions of regulation 30(5), (6) and (7), subparagraphs 1.1 to 1.7 of Schedule 6 and Schedule 7 in Merchant Shipping Notice No. 1643/MARPOL 1, and this regulation shall cease to apply to it.

(b) The tanker shall not become subject to the provisions referred to in subparagraph (a) above (and this regulation shall not cease to apply to it) until the expiration of 30 years from the date on which it is delivered if on the expiration of 25 years from that date wing tanks or double bottom spaces, not used for the carriage of oil and meeting the width and height requirements of paragraph 3 of Schedule 1 in Merchant Shipping Notice 1643/MARPOL 1, cover—

(i) at least 30% of L_t for the full depth of the ship on each side; or

(ii) at least 30% of the projected bottom shell area within the length L_t; where L_t is as defined in paragraph 1 of Schedule 1 in Merchant Shipping Notice No. 1643/MARPOL 1.

(6) An oil tanker—

(a) which is a new oil tanker as defined in regulation 17(1); and

(b) to which this regulation applies immediately before the expiration of 30 years from the date on which it was delivered;

shall on the expiration of that period become subject to the provisions of regulations 30(5), (6) and (7), subparagraph 1.1 to 1.7 of Schedule 6 and Schedule 7 in Merchant Shipping Notice No. 1643/MARPOL 1 and this regulation shall cease to apply to it.

(7) Any new ballast and load conditions resulting from the application of paragraph (5) shall, where the oil tanker is a United Kingdom ship, be subject to the approval of the Certifying Authority, and the Certifying Authority shall have particular regard to the longitudinal and local strength, intact stability and, if applicable, damage stability.

(8) Other structural or operational arrangements may be accepted as alternatives to the requirements of paragraph (5) if the alternative arrangements ensure at least the same level of protection against oil pollution in the event of collision or stranding and have the approval of the Secretary of State (in the case of a United Kingdom ship) or of the Government of the State whose flag the ship is entitled to fly (in the case of a ship other than a United Kingdom ship) based on guidelines developed by the Organization pursuant to regulation 13G(7) of the Convention.