The Merchant Shipping (Distress Signals and Prevention of Collisions) Regulations 1996

These Regulations may be cited as the Merchant Shipping (Distress Signals and Prevention of Collisions) Regulations 1996 and, subject to paragraph (2) below, shall come into force on 1st May 1996.

These Regulations shall not have effect in relation to a vessel until noon on 1st May 1996.

In these Regulations—

• “the Hydrographer of the Navy” means the person for the time being appointed to that office by the Admiralty Board;

• “the International Regulations” means the International Regulations for Preventing Collisions at Sea 1972 as amended by—

  1. a

     Resolutions A464(XII), A626(15), A678(16) and A736(18) of the Organisation2; and

  2. b

     any further Resolutions of the Organisation which the Secretary of State notifies by Merchant Shipping Notice that he considers relevant from time to time;

• “Merchant Shipping Notice” means a Notice described as such and issued by the Marine Safety Agency;

• “mile” means a nautical mile of 1,852 metres;

• “Notice to Mariners” means an Admiralty Notice to Mariners published by the Hydrographer of the Navy;

• “the Organisation” means the International Maritime Organization.

The traffic separation schemes which are referred to in Rule 10(a) of the International Regulations are the schemes listed in Notice to MarinersNo. 17 and marked “*” in the margin.

• In this paragraph, “Notice to MarinersNo. 17” means Notice to MarinersNo. 17 in the Annual Summary of Admiralty Notices to Mariners of 1989 and any subsequent Notice to Mariners containing like material which the Hydrographer of the Navy considers relevant from time to time being a Notice to Mariners which—

  1. a

     replaces Admiralty Notice to MarinersNo. 17, or

  2. b

     replaces any subsequent Notice to Mariners containing the like material:

  and a reference to any such subsequent Notice to Mariners includes a reference to any Notice to Mariners amending the same which the Hydrographer of the Navy considers relevant from time to time.

In the International Regulations—

• “date of entry into force of these Regulations” in Rule 38 (exemptions) means, in the case of a vessel registered outside the United Kingdom, the date of entry into force of the International Regulations for the State whose flag the vessel is entitled to fly;

• “high speed craft” means a craft capable of maximum speed equal to or exceeding—

  $3.7{\mathrm{\nabla }}^{0.1667}\left(\mathrm{m}/\mathrm{s}\right)$

  where

  • ∇ is the displacement corresponding to the design waterline (m³).

The diagram mentioned in paragraph 7 of Annex 1 to the International Regulations is the diagram specified in the Chromaticity Chart (1975) published by the International Illumination Commission (CIE).

The reference to the International Code of Signals in paragraph 3 of Annex IV to the International Regulations is a reference to the International Code of Signals (1985) published by the Organisation, and the reference to the Merchant Ship Search and Rescue Manual in that paragraph is a reference to the manual of that name published in 1986 by the Organisation; and such references include reference to any document amending either of those publications which is considered by the Secretary of State to be relevant from time to time and is specified in a Merchant Shipping Notice.

In this regulation “ships” include hovercraft.

The signals of distress which shall be used by vessels to which regulation 2(1)(a) of these Regulations apply are those set out in Annex IV to the International Regulations.

No signal of distress shall be used by any vessel unless the master of the vessel so orders.

The master of a vessel which has sent any signal of distress by means of radio or other means shall cause that signal to be revoked by all appropriate means as soon as he is satisfied that the vessel or aircraft to which or the person to whom the signal relates is no longer in need of assistance as aforesaid.

Subject to paragraph (2) below, vessels to which these Regulations apply shall comply with the provisions of Rules 1 to 36 of and Annexes I to III to the International Regulations.

Nothing in these Regulations shall be taken to require compliance by any vessel or class of vessels, which by virtue of Rule 38 of the International Regulations may be exempted from compliance therewith, with any of the provisions of the said Regulations specified in paragraphs (a) to (h) inclusive of that Rule, at any time when, by virtue of that Rule, that vessel or class of vessels may be exempted from that provision.

It shall be a defence for any person charged under these Regulations to show that he took all reasonable precautions to avoid the commission of the offence.