The Merchant Shipping (Radiocommunications) (Amendment) Regulations 2021

Application U.K.

4.—(1) Subject to paragraph (2), these Regulations apply to—

(a) United Kingdom ships, wherever they may be; and

(b) non-United Kingdom ships while they are within United Kingdom waters.

(2) These Regulations do not apply to—

(a) ships of war or naval auxiliaries;

(b) ships owned or operated by a State and engaged only on governmental non-commercial service;

(c) cargo ships of less than 300 gross tonnage;

(d) ships not propelled by mechanical means;

(e) wooden ships of primitive build;

(f) pleasure vessels;

(g) fishing vessels;

[F1 (ga) remotely operated unmanned vessels;]

(h) ships to which the Merchant Shipping (Radio Installations) Regulations 1998(1) apply;

(i) ships to which the Merchant Shipping (Passenger Ships on Domestic Voyages) Regulations 2000(2) apply;

(j) ships to which [F2 the Merchant Shipping (High Speed Craft) Regulations 2022] apply;

(k) ships while being navigated within the Great Lakes of North America and their connecting and tributary waters as far east as the lower exit of St. Lambert Lock in Montreal in the Province of Quebec, Canada.

(3) A non-United Kingdom ship flying the flag of a State which is not a party to the Convention is not subject to these Regulations if it would not have been in United Kingdom waters but for stress of weather or any other circumstances which neither the master nor the owner or the charterer could have prevented.

(4) Where persons are on board a ship as a consequence of—

(a) the circumstances described in paragraph (3); or

(b) an obligation laid upon the master to carry shipwrecked or other persons(3),

those persons are not to be taken into account for the purpose of determining the application to that ship of any provision of these Regulations.

(5) Nothing in these Regulations prohibits any ship, survival craft or person in distress from using any means at their disposal to attract attention, make known their position or obtain help.

Textual Amendments

F1 Reg. 4(2)(ga) inserted (13.12.2023) by The Merchant Shipping (Small Workboats and Pilot Boats) Regulations 2023 (S.I. 2023/1216), reg. 1(1), Sch. 2 para. 4(3) (with regs. 4, 6)

F2 Words in reg. 4(2)(j) substituted (19.12.2022) by The Merchant Shipping (High Speed Craft) Regulations 2022 (S.I. 2022/1219), reg. 1(1), Sch. para. 28 (with reg. 4(2)-(4))

Commencement Information

I1 Reg. 4 in force at 24.12.2021, see reg. 1(1)

(1)

S.I. 1998/2070, amended by S.I. 2000/2687, 2004/302, 2016/1025 and this instrument; there are other amending instruments but none is relevant.

(2)

S.I. 2000/2687, amended by S.I. 2004/302, 2010/680, 2010/1075, 2012/2636, 2018/1221 and 2020/1222; there are other amending instruments but none is relevant.

(3)

Regulation 33 in Chapter V of the Convention (safety of navigation) places an obligation on the master to provide assistance to persons in distress at sea and this obligation is implemented in the Merchant Shipping (Safety of Navigation) Regulations 2020 (S.I. 2020/673).