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Statutory Instrument 2004 No. 302The Merchant Shipping (High Speed Craft) Regulations 2004(The document as of February, 2008) STATUTORY INSTRUMENTS2004 No. 302MERCHANT SHIPPINGThe Merchant Shipping (High Speed Craft) Regulations 2004
The Secretary of State, after consulting the persons referred to in section 86(4) and section 306(4) of the Merchant Shipping Act 1995[1], in exercise of the powers conferred upon him by section 47, section 85(1)(a) and (b), (3) and (5) to (7), section 86(1) and section 302(1) of that Act, by the Merchant Shipping (Control of Pollution) (SOLAS) Order 1998[2] and, being a Minister designated[3] in relation to safety of ships and the health and safety of persons on them,, by section 2(2) of the European Communities Act 1972[4], 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 (High Speed Craft) Regulations 2004 and shall come into force on 8 th March 2004. Interpretation 2.In these Regulations -
0.1667 where = volume of displacement corresponding to the design waterline (m3), excluding craft the hull of which is supported clear above the water surface in non displacement mode by aerodynamic forces generated by ground effect;
(ii) owned by a body corporate and used only for the sport or pleasure of employees or officers of the body corporate, or their immediate family or friends, and is on a voyage which is one for which the owner does not receive money for or in connection with operating the craft or carrying any person, other than as a contribution to the direct expenses of the operation of the craft incurred during the voyage, or and no payments other than those mentioned are made by or on behalf of users of the craft, other than by the owner, and in this definition "immediate family" means in relation to an individual, the husband or wife of the individual, and a brother, sister, ancestor or lineal descendant of that individual or that individual's husband or wife;
(2) Having been made mandatory under regulation 6 below, the language of the High Speed Craft Code 1994 and the High Speed Craft Code 2000 shall be construed accordingly, and in particular "should" shall be construed as "shall".
(b) it is constructed on or after 1st January 1996, or was constructed before 1st January 1996 and repairs, alterations or modifications, or outfitting relating thereto, of a major character are made on or after 1st January 1996, (c) it is (wholly or partly) sea-going or operating in any Category A, B, C or D waters, and (d) it is:
(ii) a craft which is carrying passengers for hire or reward which is not a passenger craft and which does not proceed in the course of its voyage more than 4 hours at operational speed from a place of refuge when fully laden, (iii) a cargo craft of 500 gross tonnage or more which does not proceed in the course of its voyage more than 8 hours at operational speed from a place of refuge when fully laden, or (iv) a cargo craft of less than 500 gross tonnage which is carrying cargo for hire or reward and which does not proceed in the course of its voyage more than 8 hours at operational speed from a place of refuge when fully laden. (2) These Regulations do not apply to a high speed craft which is:
(b) a warship, naval auxiliary or other craft owned or operated by a State and used, for the time being, only on government non-commercial service, (c) a craft not propelled by mechanical means, (d) a wooden craft of primitive build, (e) a fishing craft, (f) a craft which has been examined, and in respect of which appropriate certificates have been issued, in accordance with one of the following documents referred to in regulations 4 and 5 of the Merchant Shipping (Vessels in Commercial Use for Sport or Pleasure) Regulations 1998[6], or in accordance with any document amending one or more of those documents which is considered by the Secretary of State to be relevant from time to time:
(ii) The Safety of Small Commercial Sailing Vessels - A Code of Practice, (iii) The Safety of Small Commercial Motor Vessels - A Code of Practice, (iv) The Safety of Small Vessels in Commercial Use for Sport or Pleasure Operating from a Nominated Departure Point - A Code of Practice, (g) a craft which has been surveyed, certified and maintained in accordance with, and which complies with, regulation 5 of the Merchant Shipping (Small Workboats and Pilot Boats) Regulations 1998[7]. (3) These Regulations apply to a high speed craft which is within the description set out in regulation 4(3) (Application) of the Merchant Shipping (Passenger Ships on Domestic Voyages) Regulations 2000[8] subject to the provisions of those Regulations.
(b) the exemption is subject to such conditions and limitations as will provide a level of safety equivalent to that provided by the provision or provisions from which exemption is being granted. (2) The Secretary of State may, on giving reasonable notice, alter or cancel any exemption granted under paragraph (1).
(b) the requirements specified in Merchant Shipping Notice M.1672 (which relates to ship inspections and survey organisations) relevant to a high speed craft of its description. (2) Subject to paragraph (4), a high speed craft to which these Regulations apply which was constructed on or after 1st July 2002, or which was constructed before 1st July 2002 and to which repairs, alterations or modifications, or outfitting relating thereto, of a major character are made on or after 1st July 2002, shall comply with:
(b) the requirements specified in Merchant Shipping Notice M.1672 relevant to a high speed craft of its description. (3) The requirements specified in Merchant Shipping Notice M.1672 are:
(b) in relation to craft to which paragraph (2) applies, requirements relating to hull, machinery, electrical installations and control installations which correspond to the requirements of the High-Speed Craft Code 2000. (4) United Kingdom high speed craft and other high speed craft operating on a scheduled service from any port in the United Kingdom to any port in another Member State, or vice versa, or operating on a voyage which is not an international voyage shall, in so far as it relates to equipment to which the Merchant Shipping (Marine Equipment) Regulations 1999[9] applies, comply with the requirements of those Regulations.
(b) relate to all or any of the purposes set out in section 85(1) of the Merchant Shipping Act 1998 which is considered by the Secretary of State to be relevant from time to time, and (c) are specified as alternative or additional requirements in a Merchant Shipping Notice relate to all or any of the purposes set out in section 85(1) of the Merchant Shipping Act 1998. Risk assessment with reference to wash
(b) identify:
(ii) the operating restrictions necessary to reduce that potentially hazardous wash, and (c) be documented in the operating manual required by the High-Speed Craft Code 1994 or the High-Speed Craft Code 2000, as applicable. Permit to operate
(b) if he has paid a fare has had that fare returned or tendered to him, shall, if so requested by the master or crew, leave the ship at any place in the United Kingdom at which he can conveniently do so.
(b) obstruct, impede or molest the master or crew, or any of them, in the navigation or management of the craft, or otherwise in the execution of their duty on or about the craft. Offences and penalties
0.1667 where = volume of displacement corresponding to the design waterline (m3) and which has been surveyed, certified and maintained in accordance with and complies with the requirements of the Merchant Shipping (High-Speed Craft) Regulations 2004.". (3) The enactments specified in the Schedule to these Regulations shall have effect subject to the amendments specified in that Schedule. 1.In regulation 4(4)(e) (Application) of the Merchant Shipping (Safety of Navigation) Regulations 2002[13], for the words "the Merchant Shipping (High-Speed Craft) Regulations 1996" there shall be substituted the words "the Merchant Shipping (High Speed Craft) Regulations 2004". 2.In the Merchant Shipping (Domestic Passenger Ships) (Safety Management Code) Regulations 2001[14], at the end of regulation 3 (application) there shall be inserted the following paragraph:
3. - (1) In regulation 4(2)(c)(i) and (g)(Application) of the Merchant Shipping (Passenger Ships on Domestic Voyages) Regulations 2000[15], for the words "the Merchant Shipping (High-Speed Craft) Regulations 1996" in each place they occur there shall be substituted the words "the Merchant Shipping (High Speed Craft) Regulations 2004".
0.1667 where = volume of displacement corresponding to the design waterline (m3), excluding craft the hull of which is supported clear above the water surface in non displacement mode by aerodynamic forces generated by ground effect;", and
7.In the Merchant Shipping (Passenger Ship Construction: Ships of Classes I, II and II(A)) Regulations 1998[19]:
0.1667 where = volume of displacement corresponding to the design waterline (m3), excluding craft the hull of which is supported clear above the water surface in non displacement mode by aerodynamic forces generated by ground effect;", and
8.In regulation 3(2)(f) (Interpretation) of the Merchant Shipping (Radio Installations) Regulations 1998[20], for the words "The Merchant Shipping (High-Speed Craft) Regulations 1996" there shall be substituted the words "The Merchant Shipping (High Speed Craft) Regulations 2004".
10.In regulation 1(7) (c) (ii) (Application) of the Merchant Shipping (Fire Protection: Large Ships) Regulations 1998[22], for the words "The Merchant Shipping (High-Speed Craft) Regulations 1996" there shall be substituted the words "The Merchant Shipping (High Speed Craft) Regulations 2004".
(b) in the definition of "High speed craft code" for the words "Code 1994" there shall be substituted the words "Code 1994 or 2000". 14.In regulation 2(1) (Interpretation) of the Merchant Shipping (Training and Certification) Regulations 1997[26], for the words "the Merchant Shipping (High-Speed Craft) Regulations 1996" there shall be substituted the words "the Merchant Shipping (High Speed Craft) Regulations 2004".
(b) in the column headed "SI Number", for "1996/3188" there shall be substituted "2003". 16.In regulation 1(1)(5) of the Merchant Shipping (Distress Signals and Prevention of Collisions) Regulations 1996[28], for the words after "high speed craft" there shall be substituted the following:
0.1667 where = volume of displacement corresponding to the design waterline (m3), excluding craft the hull of which is supported clear above the water surface in non displacement mode by aerodynamic forces generated by ground effect.". 17.In regulation 7A of the Hovercraft (General) Order 1972[29], for the words "The Merchant Shipping (High-Speed Craft) Regulations 1996" there shall be substituted the words "The Merchant Shipping (High Speed Craft) Regulations 2004". (This note is not part of the Regulations) These Regulations implement the requirements of Chapter X of the International Convention for the Safety of Life at Sea 1974 ("the SOLAS Convention") as amended. The scope of application of the Regulations is set out in regulation 3: they apply in relation to ships and hovercraft to which Chapter X of the SOLAS Convention applies and additionally in relation to other ships as set out in that regulation. The requirements of the High Speed Craft Code continue to apply to craft constructed before 1st July 2002. The Regulations also apply the requirements of the High Speed Code 2000 to craft constructed on or after that date (regulation 6). The substantive requirements of the Regulations are imposed by reference to Chapter X of the SOLAS Convention, together with corresponding, alternative and additional requirements as set out in Merchant Shipping Notice M.1672. Additional provision is made regarding risk assessment of the wash from the vessel (regulation 7) and the maximum number of passengers with which a passenger craft is allowed to operate (regulation 8) High speed craft to which the Merchant Shipping (Domestic Passenger Ships) (Safety Management Code) Regulations 2001 (S.I. 2001/3209) have previously applied will be required by these Regulations to comply with the requirements of the International Safety Management Code (paragraphs 2 and 9 of the Schedule). Provision is made for exemptions to be granted by the Secretary of State where he is satisfied that compliance with those requirements would be impracticable or unreasonable and an equivalent level of safety will be provided (regulation 4), and for approvals in accordance with the SOLAS Chapter X requirements (regulation 5). Provision is made for offences and penalties for non-compliance (regulation 9), for detention (regulation 10), and for offences by persons on board the craft (regulation 11). The Merchant Shipping (High-Speed Craft) Regulations 1996 (S.I. 1996/3188) are revoked, and statutory references to those regulations updated, and the Merchant Shipping (Survey and Certification) Regulations 1995 S.I. (1995/1210) are amended (regulation 12 and the Schedule). The Regulations are made under section 2(2) of the European Communities Act 1972 in so far as they so amend Regulations which have been made under that Act. A Regulatory Impact Assessment has been prepared and copies can be obtained from the Maritime and Coastguard Agency, Spring Place, 105 Commercial Road, Southampton, SO15 1EG. A copy has been placed in the Library of each House of Parliament. Merchant Shipping Notices can be read or downloaded free from the Maritime and Coastguard Agency website (www.mcga.gov.uk). Printed copies can be obtained from Mail Marketing (Scotland) Ltd, Unit 6 Bloomsgrove Industrial Estate, Norton Street, Nottingham, NG7 3JG (telephone 0115 901 3336). Notes: [1]1995 c. 21; sections 85 and 86 were amended by the Merchant Shipping and Maritime Security Act 1997 (c. 28), section 8, and are applied to hovercraft by the Hovercraft (Application of Enactments) Order 1989 (S.I. 1989/1350).back [2]S.I. 1998/1500.back [3]S.I. 1993/595.back [4]1972 c. 68.back [5]S.I. 1997/1510, amended by S.I. 1998/1916 and S.I. 1999/3206.back [6]S.I. 1998/2771, amended by S.I. 2000/482 and S.I. 2002/1473.back [7]S.I. 1998/1609.back [8]S.I. 2000/2687.back [9]S.I. 1999/1957, amended by S.I. 2001/1638.back [10]Section 284 was amended by the Merchant Shipping and Maritime Security Act 1997 (c. 28), Schedule 1, paragraph 5.back [11]S.I. 1996/3188, amended by S.I. 1999/1957.back [12]S.I. 1995/1210, amended by S.I. 1996/2418, S.I. 2000/1334 and S.I. 2003/771.back [13]S.I. 2002/1473.back [14]S.I. 2001/3209.back [15]S.I. 2000/2687, to which there are amendments not relevant to these Regulations.back [16]S.I. 1999/2722.back [17]S.I. 1999/1957, to which there are amendments not relevant to these Regulations.back [18]S.I. 1998/2515, to which there are amendments not relevant to these Regulations.back [19]S.I. 1998/2514, to which there are amendments not relevant to these Regulations.back [20]S.I.1998/2070, to which there are amendments not relevant to these Regulations.back [21]S.I. 1998/1561, to which there are amendments not relevant to these Regulations.back [22]S.I. 1998/1012, to which there are amendments not relevant to these Regulations.back [23]S.I. 1998/1011, to which there are amendments not relevant to these Regulations.back [24]S.I. 1997/1509, amended by S.I. 1999/643.back [25]S.I. 1997/647.back [26]S.I. 1997/348, to which there are amendments not relevant to these Regulations.back [27]S.I. 1996/3243, to which there are amendments not relevant to these Regulations.back [28]S.I. 1996/75.back [29]S.I. 1972/674, amended by S.I. 1989/1351: regulation 7A was inserted by S.I. 1996/3173.back ISBN0 11 048699 4 -- Back --
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