The Merchant Shipping (Tonnage) Regulations 1997

PART I GENERAL

Citation, commencement and revocation

1.—(1) These Regulations may be cited as the Merchant Shipping (Tonnage) Regulations 1997 and shall come into force on 11th July 1997.

(2) The following Regulations are hereby revoked—

(a) the Merchant Shipping (Tonnage) Regulations 1982(1); and

(b) the Merchant Shipping (Tonnage) (Amendment) Regulations 1988(2).

Definitions

2.—(1) In these Regulations, unless the context otherwise requires—

“the Act” means the Merchant Shipping Act 1995;

“Administration” means the Government of the state whose flag the ship is flying;

“amidships” means the mid-point of the length, except in the case of a ship of less than 24 metres in length when it means the mid-point of the length overall;

“breadth” means the maximum breadth of the ship, measured amidships to the moulded line of the frame in a ship with a metal shell and to the outer surface of the hull in a ship with a shell of any other material;

“break” means the space bounded longitudinally by a side to side upward step in the lowest line of the upper deck and another such step or the end of the ship, transversely by the sides of the ship and vertically by the higher part of the deck and the lowest line of the upper deck continued parallel thereto;

“cargo spaces” means enclosed spaces which are appropriated for the transport of cargo to be discharged from the ship;

“Certifying Authority” means the Secretary of State or any person authorised by the Secretary of State for the purposes of these Regulations;

“Contracting Government” means the Government of a country which has accepted the Convention;

“Convention” means the International Convention on Tonnage Measurement of Ships, 1969(3);

“enclosed spaces” means all those spaces, other than excluded spaces, which are bounded by the ship’s hull, by fixed or portable partitions or bulkheads or by decks or coverings other than permanent or moveable awnings. No break in a deck, nor any opening in the ship’s hull, in a deck or in a covering of a space, or in the partitions or bulkheads of a space, nor the absence of a partition or bulkhead, shall preclude a space from being included in the enclosed spaces and, for the purposes of this definition, “excluded spaces” means, subject to sub-paragraph (f) below, any of the spaces specified in sub-paragraphs (a) to (e) below—

(a)

that part of an enclosed space within an erection opposite an end opening and extending from the opening to an athwartship line at a fore and aft distance from the opening equal to half the breadth of the deck at the line of the opening. Such end opening shall have a breadth equal to or greater than 90 per cent of the breadth of the deck at the line of the opening and shall extend from deck to deck or to a curtain plate of a depth not exceeding by more than 25 millimetres the depth of the adjacent deck beams, as specified in Figure 1 of Schedule 1: provided that—

(i)

where at any point the width of the enclosed space , because of any arrangement except convergence of the outside plating, as specified in Figure 3 of Schedule 1, becomes less than 90 per cent of the breadth of the deck at the line of the opening, the excluded space shall extend only to an athwartship line intersecting that point, as specified in Figures 2 and 4 of Schedule 1;

(ii)

where the opposite ends of two enclosed spaces are separated by a gap, which is completely open except for bulwarks or open rails and of fore and aft length less than half the least breadth of the deck at the gap, then no part of the enclosed spaces shall be excluded, as specified in Figures 5 and 6 of Schedule 1;

(b)

a space under an overhead deck covering open to the sea and weather having no other connection on the exposed sides with the body of the ship than the stanchions necessary for its support. In such a space, open rails or a bulwark and curtain plate may be fitted or stanchions fitted at the ship’s side, provided that the distance between the top of the rails or the bulwark and the curtain plate is not less than 0.75 metres or one-third of the height of the space, whichever is the greater, as specified in Figure 7 of Schedule 1;

(c)

a space in a side-to-side erection between opposite side openings not less in height than 0.75 metres or one-third of the height of the erection whichever is the greater. If the opening in such an erection is provided on one side only, the space to be excluded from the volume of enclosed spaces shall be limited inboard from the opening to a maximum of one half of the breadth of the deck in way of the opening, as specified in Figure 8 of Schedule 1;

(d)

a space in an erection immediately below an uncovered opening in the deck overhead, provided that such an opening is exposed to the weather and the space excluded from enclosed spaces is limited to the area of the opening, as specified in Figure 9 of Schedule 1;

(e)

a recess in the boundary bulkhead of an erection which is exposed to the weather and the opening of which extends from deck to deck without means of closing, provided that the interior width is not greater than the width at the entrance and its extension into the erection is not greater than twice the width of its entrance, as specified in Figure 10 of Schedule 1;

(f)

notwithstanding the provisions of subparagraphs (a) to (e) inclusive, any space listed in those subparagraphs which fulfills at least one of the following conditions shall be treated as an enclosed space—

(i)

the space is fitted with shelves or other means for securing cargo or stores;

(ii)

the openings are fitted with any means of closure;

(iii)

the construction provides any possibility of such openings being closed;

“length” means the greater distance of the following distances—

(a)

the distance between the fore side of the stem and the axis of the rudder stock; or

(b)

96 per cent of the distance between the fore side of the stem and the aft side of the stern;

the points and measurements being taken respectively at and along a waterline at 85 per cent of the least moulded depth of the ship. In the case of a ship having a rake of keel the waterline shall be parallel to the designed waterline;

“length overall” means the distance between the foreside of the foremost fixed permanent structure and the afterside of the aftermost permanent structure;

“Load Line Rules” means the Merchant Shipping (Load Line) Rules 1968(4); or in relation to any ship not registered in the United Kingdom any corresponding rules of the country in which the ship is registered;

“moulded depth”, and in the case of a ship of less than 24 metres “depth”, means the vertical distance measured from the top of the keel of a metal ship, or in wood and composite ships from the lower edge of the keel rabbet, to the underside of the upper deck at side, or, in the case of a ship which is not fully decked, to the top of the upper strake or gunwale, provided that—

(a)

where the form at the lower part of the midship section is of a hollow character, or where thick garboards are fitted, the distance is measured from the point where the line of the flat of the bottom continued inwards cuts the side of the keel;

(b)

in the case of a glass reinforced plastic ship where no keel member is fitted and the keel is of open trough construction, the distance is measured from the top of the keel filling, if any, or the level at which the inside breadth of the trough is 100 millimetres, whichever gives the lesser depth;

(c)

in ships having rounded gunwales, the distance is measured to the point of intersection of the moulded lines of the deck and side shell plating, the lines extending as though the gunwales were of angular design; and

(d)

where the upper deck is stepped and the raised part of the deck extends over the point at which the moulded depth is measured, the distance is measured to a line of reference extending from the lower part of the deck along a line parallel with the raised part; and for the purposes of this definition—

(i)

“upper deck” means the uppermost complete deck exposed to weather and sea, which has permanent means of weathertight closing of all openings in the weather part thereof, and below which all openings in the sides of the ship are fitted with permanent means of watertight closing. In a ship having a stepped upper deck, the lowest line of the exposed deck and the continuation of that line parallel to the upper part of the deck is taken as the upper deck; and

(ii)

“weathertight” means that in any sea conditions water will not penetrate into the ship;

“moulded draught” means—

(a)

for ships assigned load lines in accordance with the Load Line Rules, the draught corresponding to the Summer Load Line (other than timber load lines);

(b)

for passenger ships, the draught corresponding to the deepest subdivision load line assigned in accordance with the Merchant Shipping (Passenger Ship Construction) Regulations 1980(5) or the Merchant Shipping (Passenger Ship Construction) Regulations 1984(6), whichever is applicable;

(c)

for ships to which no load line has been assigned but the draught of which is restricted by the Secretary of Sate, the maximum permitted draught; and

(d)

for other ships, 75 per cent of the moulded depth amidships;

“non-United Kingdom ship” means a ship which is not a United Kingdom ship within the meaning of section 85(2) of the Act;

“oil tanker” means a ship constructed or adapted to carry oil in bulk in its cargo spaces and includes combination carriers. For the purposes of this definition “combination carrier” means a ship designed to carry either oil or solid cargoes in bulk;

“passenger” means any person carried in a ship except—

(a)

a person employed or engaged in any capacity on board the ship on the business of the ship;

(b)

a person on board the ship either in pursuance of the obligation laid upon the master to carry shipwrecked, distressed or other persons or by reason of any circumstances that neither the master nor the owner nor the charterer (if any) could have prevented; and

(c)

a child under one year of age;

“pleasure vessel” means—

(a)

a vessel which at the time it is being used is—

(i)

(a)

in the case of a vessel wholly owned by an individual or individuals, used only for the sport or pleasure of the owner or immediate family or friends of the owner; or

(b)

in the case of a vessel owned by a body corporate, used only for sport or pleasure and on which the persons are employees or officers of the body corporate, or their immediate family or friends; and

(ii)

on a voyage or excursion which is one for which the owner does not receive money for or in connection with operating the vessel or carrying any person, other than as a contribution to the direct expenses of the operation of the vessel incurred during the voyage or excursion; or

(b)

any vessel wholly owned by or on behalf of a members' club formed for the purpose of sport or pleasure which, at the time it is being used, is used only for the sport or pleasure of members of that club or their immediate family; and for the use of which any charges levied are paid into club funds and applied for the general use of the club; and

(c)

in the case of any vessel referred to in paragraphs (a) or (b) above no other payments are made by or on behalf of users of the vessel, other than by the owner;

and, for the purposes of this definition, “immediate family” means in relation to an individual, the husband or wife of the individual and a relative of the individual or the individual’s husband or wife, and “relative” means brother, sister, ancestor or lineal descendant;

“similar stage of construction” means the stage at which—

(a)

construction identifiable with a specific ship begins; and

(b)

assembly of that ship has commenced comprising at least 50 tonnes or one per cent of the estimated mass of all structural material whichever is the less;

“surveyor” means a surveyor appointed by a Certifying Authority.

(2) In these Regulations—

(a) a reference to a numbered Part is, unless otherwise stated, a reference to the Part of that number in these Regulations;

(b) a reference to a numbered regulation is, unless otherwise stated, a reference to the regulation of that number in these Regulations;

(c) a reference in a regulation to a numbered paragraph is, unless otherwise stated, a reference to the paragraph of that number in that regulation; and

(d) a reference to a numbered Schedule is, unless otherwise stated, a reference to the Schedule of that number in these Regulations.

(1)

S.I. 1982/841.

(2)

S.I. 1988/1910.

(3)

Cmnd. 4332.

(4)

S.I. 1968/1053, amended by 1970/1003, 1975/1267, 1980/641.

(5)

S.I. 1980/535, to which there are amendments not relevant to these Regulations.

(6)

S.I. 1984/1216, to which there are amendments not relevant to these Regulations.