Merchant Shipping (Hatches and Lifting Plant) Regulations 1988
| Jurisdiction | UK Non-devolved |
1988 No. 1639
MERCHANT SHIPPINGSAFETY
The Merchant Shipping (Hatches and Lifting Plant) Regulations 1988
Made 21th September 1988
Laid before Parliament 30th September 1988
Coming into force 1st January 1989
The Secretary of State for Transport, after consulting with the persons referred to in section 22(2) of the Merchant Shipping Act 19791in exercise of powers conferred on him by section 21(1)(a) and (b), (3), (4), (5) and (6) and section 22(1) of that Act2, and of all other powers enabling him in that behalf, hereby makes the following Regulations:
Citation and commencement
1. These Regulations may be cited as the Merchant Shipping (Hatches and Lifting Plant) Regulations 1988 and shall come into operation on 1st January 1989.
Interpretation
2. In these Regulations:—
“Code” means the Code of Safe Working Practices for Merchant Seamen published in 1978 by Her Majesty’s Stationery Office and any document amending or replacing it which is considered by the Secretary of State to be relevant from time to time and is specified in a Merchant Shipping Notice;
“competent person” means a person over the age of 18 possessing the knowledge and experience required for the performance of thorough examinations and tests of ships' lifting plant;
“employer” means the person for the time being employing the master;
“fishing vessel” means a vessel for the time being employed in fishing but does not include a vessel used otherwise than for profit;
“freight container” means a container as defined in regulation 2 of the Freight Containers (Safety Convention) Regulations 19843;
“hatch covering” includes hatch covers, beams and attached fixtures and fittings;
“lifting appliance” means any ship’s stationary or mobile appliance (and every part thereof including attachments used for anchoring, fixing or supporting that appliance but not including vehicle coupling arrangements) which is used on a ship for the purpose of suspending, raising or lowering loads or moving them from one position to another whilst suspended and includes ship’s lift trucks and similar vehicles; it does not include—
(a) pipes, or gangways; or
(b) screw, belt, bucket or other conveyors;
used for the continuous movement of cargo or people but does include the lifting appliances used to suspend, raise, lower or move any of these items;
(a) survival craft or rescue boat launching and recovery appliances or arrangements; or
(b) pilot hoists.
“lifting gear” means any gear by means of which a load can be attached to a lifting appliance and which does not form an integral part of that appliance or load but does not include pallets, one-trip slings and pre-slung cargo slings, and freight containers;
“lifting plant” includes any lifting appliance or lifting gear;
“master” includes any person in charge of a vessel during the absence of the master but excludes a watchman;
“Merchant Shipping Notice” means a Notice described as such issued by the Secretary of State;
“offshore installation” means any offshore installation within the meaning of section 1 of the Mineral Workings (Offshore Installations) Act 19714;
“one-trip sling” means a sling which has not previously been used for lifting any other load and is fitted to the load at the commencement of the journey and intended to be disposed of at the destination of that journey;
“pleasure craft” means a vessel primarily used for sport or recreation.
Application
3.—(1) Subject to paragraph (2) below:—
(a)
(a) these Regulations other than regulation 14 apply to United Kingdom ships; and
(b)
(b) regulations 1, 2, 3, 14 and 15 apply to other ships when in a United Kingdom port.
(2) These Regulations do not apply to—
(a)
(a) fishing vessels;
(b)
(b) pleasure craft;
(c)
(c) offshore installations whilst on or within 500 metres of their working stations; or
(d)
(d) ships on which there is for the time being no master or crew or watchman.
(2) The Secretary of State may grant exemptions from all or any of the provisions of these Regulations (as may be specified in the exemption) for classes of cases or individual cases on such terms (if any) as he may so specify and may, subject to giving reasonable notice, alter or cancel any such exemption.
Hatches
4.—(1) Every employer, master and person carrying out the obligations contained in this regulation shall take full account of the principles and guidance in chapter 18 of the Code.
(2) The employer and master shall ensure that any hatch covering used on a ship is of sound construction and material, of adequate strength for the purpose for which it is used, free from patent defect and properly maintained.
(3) The master shall ensure that
(a)
(a) a hatch covering is not used unless it can be removed and replaced, whether manually or with mechanical power, without endangering any person, and
(b)
(b) information showing the correct replacement position is clearly marked, except in so far as hatch coverings are interchangeable or incapable of being incorrectly replaced.
(4) The master shall ensure that a hatch is not used unless the hatch covering has been completely removed, or if not completely removed, is properly secured.
(5) Except in the event of an emergency endangering health or safety, no person shall operate a hatch covering which is power-operated or a ship’s ramp or a retractable car-deck unless authorised to do so by a responsible ship’s officer.
Lifting Plant
5. Every employer master and any person in carrying out the obligations contained in regulations 6 to 10 of these Regulations shall take full account of the principles and guidance in chapter 17 of the Code.
6.—(1) The employer and the master shall ensure that any ship’s lifting plant is of good design, of sound construction and material, of adequate strength for the purpose for which it is used, free from patent defect, properly installed or assembled and properly maintained.
(2) The master shall ensure that any pallet or similar piece of equipment for supporting loads or lifting attachment which forms an integral part of the load or one-trip sling or pre-slung cargo sling is not used on a ship unless it is of good construction, of adequate strength for the purpose for which it is used and free from patent defect.
(3) The employer and master shall ensure that...
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