Merchant Shipping (Passenger Ships on Domestic Voyages) Regulations 2000
| Jurisdiction | UK Non-devolved |
| Citation | SI 2000/2687 |
2000 No. 2687
MERCHANT SHIPPINGSAFETY
The Merchant Shipping (Passenger Ships on Domestic Voyages) Regulations 2000
Made 29th September 2000
Laid before Parliament 2nd October 2000
Coming into force 23th October 2000
The Secretary of State for the Environment, Transport and the Regions, after consulting the persons referred to in section 86(4) of the Merchant Shipping Act 19951, in exercise of the powers conferred by section 85(1)(a) and (b), (3) and (5) to (7) and section 86(1) of that Act2and 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 (Passenger Ships on Domestic Voyages) Regulations 2000 and shall come into force on 23rd October 2000.
Interpretation
2.—(1) In these Regulations—
“the Directive” means Directive 98/18/ECof 17th March 1998 on Safety Rules and Standards for Passenger Ships3;
“domestic voyage” means a voyage in sea areas from a port of a member State or EEAEEA State to the same or another port within that member State or EEAEEA State;
“EEAEEA Agreement” means the Agreement on the European Economic Area signed at Oporto on 2nd May 1992 as adjusted by the Protocol signed at Brussels on 17th March 19934;
“EEAEEA State” means a State which is a Contracting Party to the EEAEEA Agreement;
“Maritime and Coastguard Agency” means the Maritime and Coastguard Agency, an executive agency of the Department of the Environment, Transport and the Regions;
“Merchant Shipping Notice” means a Notice described as such, issued by the Maritime and Coastguard Agency, and any reference to a particular Merchant Shipping Notice includes a reference to any such document amending or replacing that Notice which is considered by the Secretary of State to be relevant from time to time;
“non-United Kingdom passenger ship” means a passenger ship which is not a United Kingdom ship;
“port waters” means waters categorised in Merchant Shipping Notice No. M 1719(M) on the Categorisation of Waters.
(2) With the exception of the definition of “domestic voyage” (which is defined in paragraph (1) above to include domestic voyages in EEAEEA States), words and expressions specifically given a meaning by article 2 of the Directive shall have the same meaning herein.
(3) Where a ship is managed by a person other than the owner (whether on behalf of the owner or some other person, or on his own behalf), a reference in these Regulations to the owner shall be construed as including a reference to that person.
(4) Any approval, exemption or suspension from operation made by the Secretary of State pursuant to these Regulations shall be given in writing and shall specify the date on which it takes effect and the conditions (if any) on which it is given.
Classification of ships
3.—(1) For the purposes of these Regulations passenger ships engaged on domestic voyages shall be arranged in Classes as follows:
Class A
ships engaged solely on domestic voyages other than ships of Class B, Class C and Class D;
Class B
ships engaged solely on domestic voyages in the course of which they are at no time more than 20 miles from the line of the coast where shipwrecked persons can land, corresponding to the medium tide height;
Class C
ships engaged solely on domestic voyages in sea areas where the probability of significant wave heights exceeding 2.5 metres is less than 10% over a one year period for all year round operation, or over a specific restricted period of the year for operation exclusively in such period, in the course of which they are at no time more than 15 miles from a place of refuge, nor more than 5 miles from the line of the coast where shipwrecked persons can land, corresponding to the medium tide height;
Class D
ships engaged solely on domestic voyages in sea areas where the probability of significant wave heights exceeding 1.5 metres is less than 10% over a one year period for all year round operation, or over a specific restricted period of the year for operation exclusively in such period, in the course of which they are at no time more than 6 miles from a place of refuge, nor more than 3 miles from the line of the coast, where shipwrecked persons can land, corresponding to the medium tide height.
For the purposes of the classification of vessels in accordance with paragraph (1) above, sea areas shall be classified, and the zones for all year round and restricted periodical operation delimited, in accordance with Merchant Shipping Notice No. M 1747.
Application
4.—(1) These Regulations shall apply to—
(a)
(a) a new United Kingdom passenger ship of Class A, B, C or D engaged on domestic voyages;
(b)
(b) a new non-United Kingdom passenger ship of Class A, B, C or D engaged on domestic voyages within the United Kingdom;
(c)
(c) an existing United Kingdom passenger ship of Class A, B, C or D of 24 metres or over in length which is described in column 1 of the table below, engaged on domestic voyages, from the date specified in relation to that description of ship in column 2 of that table; and
(d)
(d) an existing non-United Kingdom passenger ship of Class A, B, C or D of 24 metres or over in length which is described in column 1 of the table below, engaged on domestic voyages within the United Kingdom, from the date specified in relation to that description of ship in column 2 of that table.
column 1 |
column 2 |
Date on which the keel of the ship was laid, or at a similar stage of construction |
Date from which these Regulations apply |
A ship the keel of which was laid, or at a similar stage of construction, before 1st January 1940 |
1st July 2006 |
A ship the keel of which was laid, or at a similar stage of construction, on or after 1st January 1940 but before 31st December 1962 |
1st July 2007 |
A ship the keel of which was laid, or at a similar stage of construction, on or after 31st December 1962 but before 31st December 1974 |
1st July 2008 |
A ship the keel of which was laid, or at a similar stage of construction, on or after 31st December 1974 but before 31st December 1984 |
1st July 2009 |
A ship the keel of which was laid, or at a similar stage of construction, on or after 31st December 1984 but before 1st July 1998 |
1st July 2010 |
(2) These Regulations shall not apply to—
(a)
(a) a ship of war or a troopship;
(b)
(b) a ship not propelled by mechanical means;
(c)
(c) a vessel which is not constructed in steel or equivalent material, and
(i) to which the Merchant Shipping (High-Speed Craft) Regulations 19965do not apply, or
(ii) which is not a dynamically supported craft for the purposes of the Code of Safety for Dynamically Supported Craft adopted by the International Maritime Organisation by means of Resolution A.373(X) on 14th November 1977;
(d)
(d) a wooden ship of primitive build;
(e)
(e) an original historical passenger ship designed before 1965, or an individual replica of such a ship built predominately with the original materials;
(f)
(f) a pleasure yacht unless it is or will be crewed and carrying more than 12 passengers for commercial purposes;
(g)
(g) subject to paragraph (3) below, a high-speed passenger craft to which the Merchant Shipping (High-Speed Craft) Regulations 1996 apply; or
(h)
(h) a vessel exclusively engaged in port waters.
(3) Paragraph (2)(g) above shall not exclude from the application of these Regulations a passenger ship engaged on domestic voyages in sea areas of Class B, C or D when the displacement of that vessel corresponding to the design waterline is less than 500m3 and the maximum speed of that vessel, as defined in paragraph 1.4.30 of the International Code of Safety for High-Speed Craft adopted by the Maritime Safety Committee of the International Maritime Organisation by resolution MSC.36.(63) on 20th May 1994 is less than 20 knots.
(4) For the purposes of the application of these Regulations no account shall be taken of any deviation by a ship from her intended voyage due solely to stress of weather or any other circumstances that neither the master nor the owner nor the charterer (if any) of the ship could have prevented or forestalled.
(5) Subject to paragraph (6) below, paragraph (7) below shall apply to repairs, alterations and modifications of a major character, and related outfitting, carried out to an existing passenger ship.
(6) Alterations made to an existing passenger ship which are intended solely to achieve a higher survivability standard shall not be regarded as modifications of a major character.
(7) Repairs, alterations and modifications referred to in paragraph (5) above shall comply with the safety requirements of the Directive which apply to a new passenger ship of the same Class and which are relevant to the repair, alteration or modification.
Application and amendment of existing Regulations
5.—(1) In relation to an existing passenger ship of Class A, B, C or D of 24 metres or over in length engaged on domestic voyages which is described in column 1 of the table in regulation 4(1), the following Regulations shall cease to apply on the date specified as respects that description of ship in column 2 of that table—
(a)
(a) the Merchant Shipping (Passenger Ship Construction: Ships of Classes I, II and II(A)) Regulations 19986;
(b)
(b) the Merchant Shipping (Passenger Ship Construction: Ships of Classes III to VI(A)) Regulations 19987;
(c)
(c) the Merchant Shipping (Life-Saving Appliances for Ships Other Than Ships of Classes III to VI(A)) Regulations 19998;
(d)
(d) the Merchant Shipping (Life-Saving Appliances for Ships of Classes III to VI(A)) Regulations 19999;
(e)
(e) the Merchant Shipping (Fire Protection: Small Ships) Regulations 199810;
(f)
(f) the Merchant Shipping (Fire Protection: Large Ships) Regulations 199811;
(g)
(g) the Merchant Shipping (Navigational Equipment) Regulations 199312;
(h)
(h) the...
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