The Merchant Shipping (Technical Requirements for Inland Waterway Vessels) Regulations 2010

Interpretation

2.—(1) In these Regulations—

“Directive 2006/87/EC” means Directive 2006/87/EC dated 12 December 2006 of the European Parliament and of the Council laying down technical requirements for inland waterway vessels and repealing Council Directive 82/714/EEC, as amended by—

(a)

Directive 2006/137/EC dated 18 December 2006 of the European Parliament and of the Council amending Directive 2006/87/EC laying down technical requirements for inland waterway vessels(1),

(b)

Directive 2008/59/EC dated 12 June 2008 of the European Parliament and of the Council adapting Directive 2006/87/EC of the European Parliament and of the Council laying down technical requirements for inland waterway vessels, by reason of the accession of the Republic of Bulgaria and Romania(2),

(c)

Directive 2008/68/EC dated 24 December 2008 of the European Parliament and of the Council on the inland transport of dangerous goods(3), and

(d)

Commission Directive 2008/87/EC dated 22 September 2008(4), Commission Directive 2008/126/EC dated 19 December 2008(5) and Commission Directive 2009/46/EC dated 24 April 2009(6), each amending Directive 2006/87/EC of the European Parliament and of the Council laying down technical requirements for inland waterway vessels,

“Government ship” means a Government ship within the meaning of section 308(4) of the Merchant Shipping Act 1995 which is ordinarily engaged in commercial maritime operations,

“inspector” means a person mentioned in paragraph (a), (b) or (c) of section 258(1) of the Merchant Shipping Act 1995(7),

“MCA” means the Maritime and Coastguard Agency, an executive agency of the Department for Transport,

“Merchant Shipping Notice” means a notice described as such and issued by the MCA, and a reference to a Merchant Shipping Notice includes a reference to a Merchant Shipping Notice, amending or replacing such a Notice, which is stated to be considered by the Secretary of State to be relevant from time to time,

“passenger” means any person carried in a vessel other than the master, a member of the crew, any other person employed or engaged in any capacity on board the vessel or on the business of the vessel or a child under one year of age,

“passenger vessel” means a vessel intended for passenger transport and which carries more than 12 passengers in addition to the crew,

“relevant Convention Certificates” means all of the following certificates—

(a)

a certificate proving conformity with the International Convention for the Safety of Life at Sea, 1974(8)—

(i)

as amended in accordance with its Article VIII,

(ii)

as modified by its Protocols of 1978(9) and 1988(10),

or a certificate which is equivalent to any such certificate and which is specified as such by the Secretary of State in a Merchant Shipping Notice,

(b)

a certificate proving conformity with the International Convention on Load Lines, 1966(11), or a certificate which is equivalent to any such certificate and which is specified as such by the Secretary of State in a Merchant Shipping Notice, and

(c)

an international oil pollution prevention (IOPP) certificate proving conformity with the International Convention for the Prevention of Pollution from Ships, 1973(12) including its protocols, annexes and appendices and as amended by—

(i)

the Protocols of 1978(13) and 1997(14),

(ii)

all the amendments adopted by the Marine Environment Protection Committee of the International Maritime Organisation on or before the date on which these Regulations are made, and

(iii)

any subsequent amendment to that Convention which is considered by the Secretary of State to be relevant from time to time and is specified in a Merchant Shipping Notice,

or a certificate which is equivalent to any such certificate and which is specified as such by the Secretary of State in a Merchant Shipping Notice,

“ship surveyor” means a person who is appointed as a surveyor of ships under section 256(2) of the Merchant Shipping Act 1995;

“technical requirements of Annex II to Directive 2006/87/EC” means the technical requirements defined in that Annex—

(a)

including the transitional and final provisions of Chapter 24 of Annex II, but

(b)

excluding the additional transitional provisions of Chapter 24a of Annex II, and

“vessel” includes a hydrofoil boat, a hovercraft and a submersible.

(2) In these Regulations—

(a) a reference to a waterway which is a Zone 1, 2, 3 or 4 waterway is a reference to such a waterway as so classified by Article 1 of Directive 2006/87/EC,

(b) a reference to an Annex to Directive 2006/87/EC is a reference to that Annex as amended from time to time,

(c) expressions used in regulation 3(4) and Schedule 1 and in Directive 2009/100/EC have the same meaning as in that Directive,

(d) subject to paragraph (1) and to sub-paragraphs (a) to (c) of this paragraph, other expressions used in these Regulations and in Directive 2006/87/EC have the same meaning as in that Directive.

(3) For the purposes of these Regulations, a vessel is laid down on the date on which its keel is laid, or on which the vessel is at a stage of construction at which—

(a) construction identifiable with a specific vessel has begun, or

(b) assembly of that vessel has incorporated at least 50 tonnes of structural material or one per cent of the estimated mass of all structural material, whichever is less.

(1)

O.J. No. L 389, 30.12.2006, p.261. Added to Annex XIII to the EEA Agreement by Article 1 of the Decision of the EEA Joint Committee No. 89/2007 of 6 July 2007 (O.J. No. L 328, 13.12.2007, p.36).

(2)

O.J. No. L 166, 27.6.2008, p.31.

(3)

O.J. No. L 260, 30.9.2008, p.13. Added to Annex XIII to the EEA Agreement by Article 1 of the Decision of the EEA Joint Committee No. 97/2009 of 25 September 2009 (O.J. No. L 304, 19.11.2009, p.10).

(4)

O.J. No. L 255, 23.9.2008, p.5. Added to Annex XIII to the EEA Agreement by Article 1 of the Decision of the EEA Joint Committee No. 13/2009 of 5 February 2009 (O.J. No. L 73, 19.11.2009, p.49).

(5)

O.J. No. L 32, 31.1.2009, p.1.

(6)

O.J. No. L 109, 30.4.2009, p.14.

(7)

Section 258 was amended by the Merchant Shipping and Maritime Security Act 1997, section 9 and Schedule 1, paragraph 4(2) and modified, in relation to ships in ports in the United Kingdom, by the Merchant Shipping (Port State Control) Regulations 1995 (S.I. 1995/3128).

(8)

Cmnd. 7874.

(9)

Cmnd. 7346.

(10)

Cm. 4420.

(11)

Cmnd. 3708.

(12)

Cmnd 5748.

(13)

Cmnd 7347.

(14)

Cmnd 4427.