The Merchant Shipping (Mandatory Ships’ Routeing) Regulations 1997

Statutory Instruments

1997 No. 1341

MERCHANT SHIPPING

SAFETY

The Merchant Shipping (Mandatory Ships’ Routeing) Regulations 1997

Made

21st May 1997

Laid before Parliament

3rd June 1997

Coming into force

24th June 1997

The Secretary of State for Transport, after consulting the persons referred to in section 86(4) of the Merchant Shipping Act 1995(1), in exercise of the powers conferred by section 85(1)(a) and (b), (3), (5) and (7) and section 86(1) of that Act, 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 (Mandatory Ships’ Routeing) Regulations 1997 and shall come into force on 24th June 1997.

Interpretation

2.  In these Regulations:—

• “Admiralty publications” means the following publications of the Admiralty, namely:

  (i)

  Admiralty Charts; and

  (ii)

  Sailing Directions,

  and any amendment, correction or replacement, which the Hydrographer of the Navy considers relevant from time to time;

• “adopted mandatory ships’ routeing system” means any routeing system which has been adopted by the International Maritime Organisation in accordance with the requirements of regulation V/8 of the Safety of Life at Sea Convention 1974(2) for mandatory use by ships or certain categories of ships and set out in the relevant Admiralty publications and annotated therein as “Mandatory Ships’ Routeing System under SOLAS Regulation V/8”;

• “the Hydrographer of the Navy” means the person for the time being appointed to that office by the Admiralty Board.

Duty to comply with adopted mandatory ships’ routeing

3.  Every United Kingdom ship, and every ship which is not a United Kingdom ship while in United Kingdom waters, shall use an adopted mandatory ships’ routeing system which applies in relation to that ship when in an area and on a voyage covered by such a system.

Offences and penalties

4.—(1) Any contravention of regulation 3 shall be an offence by the owner, the master and any other person for the time being responsible for the conduct of the ship, punishable on summary conviction by a fine not exceeding the statutory maximum, or on indictment by imprisonment for a term not exceeding two years, or a fine or both.

(2) It shall be a defence to a charge under these Regulations to show that there were compelling reasons not to use a particular adopted mandatory ships’ routeing system, and that such reasons were recorded in the ship’s log at the time.

Signed by authority of the Secretary of State for Transport

Glenda Jackson

Parliamentary Under-Secretary of State,

Department of Transport

21st May 1997

Explanatory Note

(This note is not part of the Regulations)

These Regulations implement Regulation 8 of Chapter V of the Safety of Life at Sea (SOLAS) Convention 1974, which was substituted by the Maritime Safety Committee Resolution MSC 46(65) adopted on 16th May 1995.

The Regulations require United Kingdom ships and non-United Kingdom ships while in United Kingdom waters to comply with mandatory ships’ routeing systems adopted by the International Maritime Organisation (IMO) pursuant to Regulation 8 of Chapter V of SOLAS which are specified in Admiralty Charts, and Sailing Directions and annotated as “Mandatory Ships’ Routeing System under SOLAS Regulation V/8”.

Admiralty Charts and Sailing Directions are obtainable from branded Admiralty distributors as listed in the Catalogue of Admiralty Charts and Other Hydrographic Publications (available from the Hydrographic Office, Admiralty Way, Taunton, Somerset TA1 2DN). Regulation 8 of Chapter V of SOLAS is obtainable from the International Maritime Organisation, 4 Albert Embankment, London SE1 7SR.

A compliance cost assessment has been prepared and copies can be obtained from the Marine Information Centre of the Marine Safety Agency, Department of Transport, Spring Place, 105 Commercial Road, Southampton SO15 1EG. A copy has been placed in the library of each House of Parliament.

(1)

1995 c. 21; sections 85 and 86 were amended by the Merchant Shipping and Maritime Securities Act 1997 (c. 28), section 8.

(2)

Cmnd 7874; Regulation V/8 was substituted in the Convention by Resolution MSC 46(65) adopted on 16th May 1995.