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

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 length	30th September 2007
Workboats of 24 metres or more load line length	31st March 2008
Small passenger vessels	30th September 2008
Cargo-carrying vessels and workboats of less than 24 metres load line length	31st March 2009