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Statutory Instrument 1993 No. 1213

The Merchant Shipping (Local Passenger Vessels)(Masters' Licences and Hours, Manning and Training) Regulations 1993

(The document as of February, 2008)

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STATUTORY INSTRUMENTS

1993 No. 1213

MERCHANT SHIPPING
SAFETY

The Merchant Shipping (Local Passenger Vessels)(Masters' Licences and Hours, Manning and Training) Regulations 1993

Made4th May 1993
Laid before Parliament10th May 1993
Coming into force
 Except for regulations 4 and 14, on1st June 1993
 Regulations 4 and 14, on1st October 1993

    Whereas it appears to the Secretary of State for Transport that, as mentioned in section 43(2) of the Merchant Shipping Act 1970[1], it is necessary or expedient in the interests of safety to make the following Regulations in so far as they require a ship to carry any description of seamen;
    And whereas, in so far as the following Regulations are made under provisions of the said Act, the Secretary of State has in pursuance of subsection (2) of section 99 of that Act consulted with organisations appearing to him to be representative as mentioned in that subsection and, in so far as they are made in pursuance of section 21 of the Merchant Shipping Act 1979[2], he has in pursuance of subsection (2) of section 22 of that Act consulted with persons he considers will be affected as mentioned in that subsection:
    Now, therefore, the Secretary of State, in exercise of the powers conferred by sections 43, 49, 92 and 96(1) of the Merchant Shipping Act 1970 [3] and now vested in him[4] and by section 21(1)(a) and (3) to (6) of the Merchant Shipping Act 1979 and of all other powers enabling him in that behalf, hereby makes the following Regulations—


PART I

GENERAL
    Citation and commencement
        1.    These Regulations may be cited as the Merchant Shipping (Local Passenger Vessels) (Masters' Licences and Hours, Manning and Training) Regulations 1993 and shall come into force:
       (a) except for regulations 4 and 14, on 1st June 1993
       (b) regulations 4 and 14, on 1st October 1993.
    Interpretation
        2.    In these Regulations, unless the context otherwise requires—
      "crewman" has the same meaning as "seaman" in the Merchant Shipping Act 1894[5] (and accordingly includes every person (except masters and pilots) employed or engaged in any capacity on board a vessel);
      "existing boatman's licence" means a document bearing the title "Boatman's licence" which—
         (a) is before the date on which these Regulations come into force issued by the Department of Transport in accordance with the provisions of Merchant Shipping Notice No.M. 1036 issued by the Department of Trade in August 1982 (as amended by Merchant Shipping Notice 1288 issued by the Department of Transport in September 1987); and
         (b) certifies that a person named in it has been tested by a Department of Transport surveyor and found to be qualified to be a person in charge of a passenger vessel in Classes IV, V, VI and VI(A);

      "Merchant Shipping Notice" means a Notice issued by the Department of Transport and describing itself as a Merchant Shipping Notice;
      "mile" means a nautical mile of 1852 metres;
      "passenger" has the meaning given by section 26(1) of the Merchant Shipping (Safety Convention) Act 1949[6] (and accordingly means any person carried in a vessel, except—
         (a) a person employed or engaged in any capacity on board the vessel on the business of the vessel;
         (b) a person on board the vessel in pursuance of the obligation laid upon the master to carry shipwrecked, distressed or other persons, or by reason of any circumstance that neither the master nor the owner nor the charterer (if any) could have prevented or forestalled; and
         (c) a child under one year of age);

      "sea" does not include any waters of Category A, B, C or D;
      "vessel" has the same meaning as "ship" in the Merchant Shipping Act 1894 (and accordingly includes every description of vessel used in navigation not propelled by oars);
      "voyage" includes an excursion.

        (2)  In these Regulations a reference to waters of a stated category is a reference to waters which are specified as of that category in Merchant Shipping Notice M 1504 or in any subsequent Merchant Shipping Notice amending or replacing it which specifies the date on which that subsequent notice takes effect and which the Secretary of State considers relevant from time to time.
    Application
        3.—(1)  Part II of these Regulations applies to—
       (a) every vessel registered in the United Kingdom which is a passenger ship of Class IV, V, VI or VI(A) according to the classification set out in paragraph (4) of this regulation; and
       (b) every vessel registered elsewhere which is a passenger ship of one of the said Classes and carries passengers—
         (i) between places in the United Kingdom; or
         (ii) on a voyage which begins and ends at the same place in the United Kingdom and on which the ship calls at no place outside the United Kingdom.

        (2)  It is hereby directed that (to the extent that the provisions of sections 43 to 47 of the Merchant Shipping Act 1970 have not already been extended to vessels of the description mentioned below in this paragraph) the provisions of those sections and of Part II of these Regulations shall apply to—
       (a) every vessel of the following description; that is to say, every vessel which—
         (i) is entitled to be registered under the Merchant Shipping Act 1894 but is not registered in the United Kingdom or elsewhere;
         (ii) is a passenger ship of a Class mentioned in paragraph (1)(a) above; and
         (iii) is wholly owned by persons each of whom either is resident in the United Kingdom or is a body corporate which has a principal place of business in the United Kingdom; and
       (b) the master and seamen employed in every such vessel.

        (3)  Parts III and IV of these Regulations apply to every United Kingdom vessel which is a passenger ship of a Class mentioned in paragraph (1)(a) above.

        (4)  The descriptions of passenger ships within the Classes mentioned in paragraph (1)(a) above are as follows
      Class IV. Ships engaged only on voyages in Category A, B, C and D waters.
      Class V. Ships engaged only voyages in Category A, B, and C waters.
      Class VI. Ships engaged only on voyages with not more than 250 passengers on board, to sea, or in Category A, B, C and D waters, in all cases in favourable weather and during restricted periods, in the course of which the ships are at no time more than 15 miles, exclusive of any Category A, B, C or D waters, from their point of depature nor more than 3 miles from land.
      Class VI(A). Ships carrying not more than 50 passengers for a distince of not more than 6 miles on voyages to or from isolated communities on the islands or coast of the United Kingdom and which do not proceed for a distance of more than 3 miles from land; subject to any conditions which the Secretary of State may impose.

        (5)  In paragraphs (1) to (4) above—
      "favourable weather" means fine, clear, settled weather with a sea state such as to cause only moderate rolling or pitching;
      "passenger ship" means a ship carrying more than 12 passengers;
      "restricted period" means a period falling within the following limits—
         (a) from the 1st April to 31st October, both dates inclusive; and
         (b) between one hour before sunrise and one hour after sunset in the case of a vessel fitted with navigation lights conforming to the Merchant Shipping (Distress Signals and Prevention of Collisions) Regulations 1989[7], and between sunrise and sunset in the case of any other vessel;

      "United Kingdom vessel" has the meaning given to "United Kingdom ship" by section 21(2) of the Merchant Shipping Act 1979.

        (6)  The requirements of Part II of these Regulations have effect subject to any exemptions given under section 44 of the Merchant Shipping Act 1970.


Notes:

[1] 1970 c. 36.

[2] 1979 c. 39; subsections (1) and (3) of section 21 were amended by the Safety at Sea Act 1986 (c. 23), section 11(1), (2) and (4) (a) and (b); and subsection (6) was amended by the Criminal Justice Act 1982 (c. 48), section 49(3)(a) and (4).

[3] Section 43 was extended by S.I. 1991/1366; sections 92 and 96 were amended by the Merchant Shipping Act 1988 (c. 12), Schedule 5

[4] S.I. 1970/1537.

[5] 1894 c. 60; the definition of "seaman" in section 742 was amended by the Merchant Shipping Act 1970, Schedule 3, paragraph 4.

[6] 1949 c. 43.

[7] S.I. 1989/1798, to which there is an amendment not relevant to these Regulations.

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