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/EC of 17th March 1998 on Safety Rules and Standards for Passenger Ships(3);

"domestic voyage" means a voyage in sea areas from a port of a member State or EEA State to the same or another port within that member State or EEA State;

"EEA 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 1993(4);

"EEA State" means a State which is a Contracting Party to the EEA 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 EEA 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.

(2) 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 new United Kingdom passenger ship of Class A, B, C or D engaged on domestic voyages;

(b)a new non-United Kingdom passenger ship of Class A, B, C or D engaged on domestic voyages within the United Kingdom;

(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)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.

(2) These Regulations shall not apply to-

(a)a ship of war or a troopship;

(b)a ship not propelled by mechanical means;

(c)a vessel which is not constructed in steel or equivalent material, and

(i)to which the Merchant Shipping (High-Speed Craft) Regulations 1996(5) do 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)a wooden ship of primitive build;

(e)an original historical passenger ship designed before 1965, or an individual replica of such a ship built predominately with the original materials;

(f)a pleasure yacht unless it is or will be crewed and carrying more than 12 passengers for commercial purposes;

(g)subject to paragraph (3) below, a high-speed passenger craft to which the Merchant Shipping (High-Speed Craft) Regulations 1996 apply; or

(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)the Merchant Shipping (Passenger Ship Construction: Ships of Classes I, II and II(A)) Regulations 1998(6);

(b)the Merchant Shipping (Passenger Ship Construction: Ships of Classes III to VI(A)) Regulations 1998(7);

(c)the Merchant Shipping (Life-Saving Appliances for Ships Other Than Ships of Classes III to VI(A)) Regulations 1999(8);

(d)the Merchant Shipping (Life-Saving Appliances for Ships of Classes III to VI(A)) Regulations 1999(9);

(e)the Merchant Shipping (Fire Protection: Small Ships) Regulations 1998(10);

(f)the Merchant Shipping (Fire Protection: Large Ships) Regulations 1998(11);

(g)the Merchant Shipping (Navigational Equipment) Regulations 1993(12);

(h)the Merchant Shipping (Radio Installations) Regulations 1998(13).

(2) The Regulations specified in the Schedule to these Regulations shall be amended as specified in that Schedule.

Safety requirements

6.-(1) A ship to which these Regulations apply shall comply with the safety requirements specified in the Directive in relation to a ship of its Class.

(2) In complying with paragraph (1) above, as respects construction or maintenance of hull, main and auxiliary machinery and electrical and automatic plant, a ship shall comply with the standards specified in Merchant Shipping Notice No. M. 1672 which are relevant to it.

(3) Where the Secretary of State considers that the operation on a domestic voyage of a ship to which these Regulations apply creates a risk of serious danger to safety of life or property or to the environment, notwithstanding the fact that the ship complies with the requirements of the Directive specified in relation to a ship of its Class, he may, subject to the procedure laid down in paragraph 5 of Article 7 of the Directive-

(a)suspend the ship from operating on domestic voyages in United Kingdom waters; or

(b)impose additional safety conditions upon the continued operation of the ship in United Kingdom waters,

until such time as he considers that the danger is removed.

(4) It shall be a contravention of these Regulations for a ship to operate in United Kingdom waters-

(a)otherwise than in compliance with any of the requirements of the Directive specified in relation to a ship of its Class; or

(b)in breach of a suspension of the operation of the ship or any conditions on the continued operation of the ship imposed under paragraph (3) above.

(5) Subject to paragraph (3) above, the Secretary of State shall not withhold from operation for reasons arising from the Directive, ships engaged on domestic voyages which comply with the requirements of the Directive and any additional requirements imposed in accordance with Article 7(1) of the Directive.

Alternative construction, equipment and machinery

7.-(1) Where these Regulations require that the hull or machinery of a ship shall be constructed in a particular manner, or that particular equipment shall be provided, or particular provision made, the Secretary of State may, subject to the procedure laid down in paragraph 4 of Article 7 of the Directive, approve the hull or machinery of the ship to be constructed in any other manner or any other equipment to be provided or other provision made, if he is satisfied by trial thereof or otherwise that that other construction or equipment or provision is at least as effective as that required by these Regulations.

(2) For the purpose of these Regulations, the results of verifications and tests carried out by the bodies and laboratories of other EEA States offering suitable and satisfactory guarantees of technical and provisional competence and independence shall be accepted.

Exemptions

8. The Secretary of State may, subject to such conditions as he may specify, exempt classes of ships or individual ships from specified provisions of these Regulations, and may alter or cancel any such exemption.

Penalties

9.-(1) Any contravention of these Regulations in respect of a ship shall be an offence by both the owner and the master of that ship punishable on summary conviction by a fine not exceeding the statutory maximum and on conviction on indictment by imprisonment for a term not exceeding two years or a fine, or both.

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

Detention

10. In any case where a ship does not comply with the requirements of these Regulations, the ship shall be liable to be detained and section 284(1) to (6) and (8) of the Merchant Shipping Act 1995(14) (which relates to the detention of a ship) shall have effect in relation to that ship, as if for the words "this Act" wherever they appear, there were substituted the words "the Merchant Shipping (Passenger Ships on Domestic Voyages) Regulations 2000".

Regulation 5

SCHEDULEAMENDMENTS TO MERCHANT SHIPPING REGULATIONS

Amendments to the Passenger Ship Construction Regulations

1.-(1) The Merchant Shipping (Passenger Ship Construction: Ships of Classes I, II and II(A)) Regulations 1998 shall be amended as follows.

(2) In regulation 2(6)(a), for the definition of Class II(A) ships there shall be substituted the following definition:

• "Ships engaged on voyages of any kind other than international voyages, which are not-

  (i)

  ships of Classes III to VI(A) as defined in the Merchant Shipping (Passenger Ship Construction: Ships of Classes III to VI(A)) Regulations 1998; or

  (ii)

  ships of Classes A, B, C or D as defined in the Merchant Shipping (Passenger Ships on Domestic Voyages) Regulations 2000 which are new ships, engaged on domestic voyages, for the purposes of those Regulations.".

(3) In regulation 3(1), after the words "Subject to paragraphs (2) to (6) below" there shall be inserted the words "and to regulation 5(1) of the Merchant Shipping (Passenger Ships on Domestic Voyages) Regulations 2000 (which relates to passenger ships of Class II(A) which are 24 metres or over in length and are existing ships, engaged on domestic voyages, for the purposes of thos Regulations),".

2.-(1) The Merchant Shipping (Passenger Ship Construction: Ships of Classes III to VI(A)) Regulations 1998 shall be amended as follows.

(2) In regulation 3, at the beginning, there shall be inserted the words "Subject to regulation 3A below, and to regulation (5)(1) of the Merchant Shipping (Passenger Ships on Domestic Voyages) Regulations 2000 (which relates to passenger ships of Classes III, VI and VI(A) which are 24 metres or over in length and are existing ships, engaged on domestic voyages, for the purposes of those Regulations),".

(3) After regulation 3, there shall be inserted the following regulation:

"3A. These Regulations shall not apply to any passenger ship of Class III, VI or VI(A) which is a new ship, engaged on domestic voyages, for the purposes of the Merchant Shipping (Passenger Ships on Domestic Voyages) Regulations 2000.".

Amendments to the Life Saving Appliances Regulations

3.-(1) The Merchant Shipping (Life-Saving Appliances for Ships Other Than Ships of Classes III to VI(A)) Regulations 1999 shall be amended as follows.

(2) In regulation 3, for the definition of Class II(A) ships there shall be substituted the following definition:

• "Ships engaged on voyages of any kind other than international voyages, which are not-

  (i)

  ships of Classes III to VI(A) as defined in the Merchant Shipping (Passenger Ship Construction: Ships of Classes III to VI(A)) Regulations 1998, or

  (ii)

  ships of Classes A, B, C or D as defined in the Merchant Shipping (Passenger Ships on Domestic Voyages) Regulations 2000 which are new ships, engaged on domestic voyages, for the purposes of those Regulations.".

(3) In regulation 4(1), after the words "Subject to paragraph (2)" there shall be inserted the words "and to regulation 5(1) of the Merchant Shipping (Passenger Ships on Domestic Voyages) Regulations 2000 (which relates to passenger ships of Class II(A) which are 24 metres or over in length and are existing ships, engaged on domestic voyages, for the purposes of those Regulations),".

4.-(1) The Merchant Shipping (Life-Saving Appliances for Ships of Classes III to VI(A)) Regulations 1999 shall be amended as follows.

(2) In regulation 4(1), at the beginning, there shall be inserted the words "Subject to regulation 4A below, and to regulation 5(1) of the Merchant Shipping (Passenger Ships on Domestic Voyages) Regulations 2000 (which relates to passenger ships of Classes III, VI and VI(A) which are 24 metres or over in length and are existing ships, engaged on domestic voyages, for the purposes of those Regulations),".

(3) After regulation 4, there shall be inserted the following regulation:

"4A. These Regulations shall not apply to any passenger ship of Class III, VI or VI(A) which is a new ship, engaged on domestic voyages, for the purposes of the Merchant Shipping (Passenger Ships on Domestic Voyages) Regulations 2000.".

Amendments to the Fire Protection Regulations

5.-(1) The Merchant Shipping (Fire Protection: Large Ships) Regulations 1998 shall be amended as follows.

(2) In regulation 1(7)(a)(i), after the words "and to (8)(b)," there shall be inserted the words "and to regulation 5(1) of the Merchant Shipping (Passenger Ships on Domestic Voyages) Regulations 2000 (which relates to passenger ships of Class II(A) which are 24 metres or over in length and are existing ships, engaged on domestic voyages, for the purposes of those Regulations),".

(3) In regulation 2(1), for the definition of Class II(A) ships there shall be substituted the following definition:

• "Ships engaged on voyages of any kind other than international voyages, which are not-

  (i)

  ships of Classes III to VI(A) as defined in the Merchant Shipping (Passenger Ship Construction: Ships of Classes III to VI(A)) Regulations 1998; or

  (ii)

  ships of Classes A, B, C or D as defined in the Merchant Shipping (Passenger Ships on Domestic Voyages) Regulations 2000 which are new ships, engaged on domestic voyages, for the purposes of those Regulations.".

6.-(1) The Merchant Shipping (Fire Protection: Small Ships) Regulations 1998 shall be amended as follows.

(2) In regulation 1(7)-

(a)in paragraph (a)(i), after the words "paragraph (8)" there shall be inserted the words ", and to regulation 5(1) of the Merchant Shipping (Passenger Ships on Domestic Voyages) Regulations 2000 (which relates to passenger ships of Classes III, VI and VI(A) which are 24 metres or over in length and are existing ships, engaged on domestic voyages, for the purposes of those Regulations),";

(b)in paragraph (b), after sub-paragraph (iv) there shall be added the following sub-paragraph:

"(v)any passenger ship of Class III, VI or VI(A) which is a new ship, engaged on domestic voyages, for the purposes of the Merchant Shipping (Passenger Ships on Domestic Voyages) Regulations 2000.".

(3) In regulation 2(1), for the definition of Class II(A) ships there shall be substituted the following definition:

• "Ships engaged on voyages of any kind other than international voyages, which are not-

  (i)

  ships of Classes III to VI(A) as defined in the Merchant Shipping (Passenger Ship Construction: Ships of Classes III to VI(A)) Regulations 1998; or

  (ii)

  ships of Classes A, B, C or D as defined in the Merchant Shipping (Passenger Ships on Domestic Voyages) Regulations 2000 which are new ships, engaged on domestic voyages, for the purposes of those Regulations.".

Amendments to the Survey and Certification Regulations

7.-(1) The Merchant Shipping (Survey and Certification) Regulations 1995(15) shall be amended as follows.

(2) In regulation 1(2), there shall be inserted the following definitions:

• ""Class II(A) ship" means a passenger ship engaged on voyages other than international voyages, which is not-

  (i)

  a ship of Classes III to VI(A) as defined in the Merchant Shipping (Passenger Ship Construction: Ships of Classes III to VI(A)) Regulations 1998; or

  (ii)

  a ship of Class A, B, C or D as defined in the Merchant Shipping (Passenger Ships on Domestic Voyages) Regulations 2000 which is a new ship, engaged on domestic voyages, for the purposes of those Regulations;";

""the Directive" means Council Directive 98/18/EC of 17th March 1998 on Safety Rules and Standards for Passenger Ships;";

""EEA State" means a State which is a Contracting Party to 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 1993";

""Member State" means a Member State of the European Communities;".

(3) In regulation 4, at the beginning there shall be inserted the words "Subject to regulation 4A".

(4) After regulation 4, there shall be inserted the following regulation:

"4A.-(1) A United Kingdom passenger ship to which the Directive applies shall be subject to a passenger ship initial survey as set out in the Directive-

(a)where the ship is in service on 23rd October 2000, before 23rd October 2001 or, if a passenger ship renewal survey is carried out before that date, at the time of that renewal survey,

(b)where the ship is not in service on 23rd October 2000, before it is put into service, and

(c)where a ship which is in service on domestic voyages within the United Kingdom is put into service on domestic voyages in another Member State or an EEA State, before it is put into such service.

(2) A United Kingdom passenger ship to which the Directive applies shall be subject to a periodical survey as set out in the Directive.

(3) A United Kingdom passenger ship to which the Directive applies shall be subject to additional surveys as set out in the Directive.".

(4) In regulation 12, after paragraph (1), there shall be inserted the following paragraph:

"(1A) If the Merchant Shipping (Passenger Ships on Domestic Voyages) Regulations 2000 apply to the ship to which the Passenger Certificate relates, the Passenger Certificate shall be in the form laid down in Annex II of the Directive.".

(5) In regulation 22-

(a)in paragraph (1), after the words "or VI(A)", there shall be inserted the words "or A, B, C or D";

(b)after paragraph (1) there shall be inserted the following paragraph:

"(1A) For the purposes of paragraph (1) above, the Secretary of State shall recognise a certificate issued in respect of a ship of Class A, B, C or D or equivalent by another Member State or an EEA State pursuant to article 11 of the Directive.".

Amendments to the Radio Installations Regulations

8.-(1) The Merchant Shipping (Radio Installations) Regulations 1998 shall be amended as follows.

(2) In regulation 3(1), after the words "this regulation," there shall be inserted the words "and to regulation 5(1) of the Merchant Shipping (Passenger Ships on Domestic Voyages) Regulations 2000 (which applies to passenger ships of Classes A, B, C and D (as defined in those Regulations) which are 24 metres or over in length and are existing ships, engaged on domestic voyages, for the purposes of those Regulations),".

(3) In regulation 3(2)-

(a)at the end of sub-paragraph (e) the word "and" shall be deleted, and

(b)at the end of sub-paragraph (f) there shall be inserted:

", and

(g)ships which are passenger ships of Class A, B, C or D as defined in the Merchant Shipping (Passenger Ships on Domestic Voyages) Regulations 2000 which are new ships, engaged on domestic voyages, for the purposes of those Regulations.".

(4) In regulation 3(5), after the words "Subject to" there shall be inserted the words "paragraph (5A) and".

(5) In regulation 3, after paragraph (5) there shall be inserted the following paragraph:

"(5A) Paragraph (5) shall not apply to passenger ships of Class A, B, C or D as defined in the Merchant Shipping (Passenger Ships on Domestic Voyages) Regulations 2000 which are new ships, engaged on domestic voyages, for the purposes of those Regulations.".

Amendments to the Navigational Equipment Regulations

9.-(1) The Merchant Shipping (Navigational Equipment) Regulations 1993 shall be amended as follows.

(2) In regulation 2(3):

(a)at the beginning of the paragraph there shall be inserted the words "Subject to regulation 5(1) of the Merchant Shipping (Passenger Ships on Domestic Voyages) Regulations 2000 (which relates to ships with Passenger Certificates of Classes II(A), III, VI and VI(A) which are 24 metres or over in length and are existing ships, engaged on domestic voyages, for the purposes of that Regulation),";

(b)for sub-paragraph (b) there shall be substituted the following sub-paragraph:

"(b)United Kingdom passenger ships other than:

(i)ships having a Passenger Certificate of Class V, and

(ii)ships of Classes A, B, C or D as defined in the Merchant Shipping (Passenger Ships on Domestic Voyages) Regulations 2000 which are new ships, engaged on domestic voyages, for the purposes of those Regulations; and"; and

(c)in sub-paragraph (c), after the words "150 tons or over" there shall be inserted the words ", other than ships of Classes A, B, C or D as defined in the Merchant Shipping (Passenger Ships on Domestic Voyages) Regulations 2000 which are new ships, engaged on domestic voyages, for the purposes of those Regulations,".

(3) In regulation 3(6), after the words "Class II(A) or III" there shall be inserted the words "(other than passenger ships of Class A, B, C or D as defined in the Merchant Shipping (Passenger Ships on Domestic Voyages) Regulations 2000 which are new ships, engaged on domestic voyages, for the purposes of those Regulations)".

(4) In regulation 12(1) and (2) after the words "Class IV, VI or VI(A)" there shall be inserted the words "(other than passenger ships of Class A, B, C or D as defined in the Merchant Shipping (Passenger Ships on Domestic Voyages) Regulations 2000 which are new ships, engaged on domestic voyages, for the purposes of those Regulations)".

Explanatory Note

(This note is not part of the Regulations)

These Regulations implement Council Directive 98/18/EC on Safety Rules and Standards for Passenger Ships (OJ L144, 15.5.1998, p. 1) ("the Directive"), which applies to the European Economic Area (EEA) by virtue of Joint Committee Decision 119/98 on environmental standards, maritime safety, maritime transport and safety.

Regulations 3 and 4 set out the application of the Regulations. Regulation 6 applies the safety rules and standards specified in the annex to the Directive. Contravention of the Regulations is an offence (regulation 9(1)).

Regulation 5 and the Schedule to the Regulations alter the application of, and make amendments to, the following Merchant Shipping Regulations-

• the Merchant Shipping (Passenger Ship Construction: Ships of Classes I, II and II(A)) Regulations 1998;

• the Merchant Shipping (Passenger Ship Construction: Ships of Classes III to VI(A)) Regulations 1998;

• the Merchant Shipping (Life-Saving Appliances for Ships Other Than Ships of Classes III to VI(A)) Regulations 1999;

• the Merchant Shipping (Life-Saving Appliances for Ships of Classes III to VI(A)) Regulations 1999;

• the Merchant Shipping (Fire Protection: Large Ships) Regulations 1998;

• the Merchant Shipping (Fire Protection: Small Ships) Regulations 1998;

• the Merchant Shipping (Navigational Equipment) Regulations 1993;

• the Merchant Shipping (Radio Installations) Regulations 1998; and

• the Merchant Shipping (Survey and Certification) Regulations 1995.

A Regulatory Impact Assessment has been produced and a copy placed in the Library of each House of Parliament. Copies can be obtained from the Maritime and Coastguard Agency, Spring Place, 105 Commercial Road, Southampton SO15 1EG.

Merchant Shipping Notices can be obtained from iForce, Unit B, Imber Court Trading Estate, Orchard Lane, East Molesey, Surrey KT8 0BN. Resolutions of the International Maritime Organisation can be obtained from the International Maritime Organisation, 4 Albert Embankment, London SE1 7SR.