Explanatory Note
(This note is not part of the Regulations)
These Regulations give effect to the International Convention on Standards of Training, Certification and Watchkeeping (STCW) for Seafarers', 1978, as amended on 7th July 1995.
The Regulations revoke the Merchant Shipping (Certification and Watchkeeping) Regulations 1982, the Merchant Shipping (Safe Manning Document) Regulations 1992 and the Merchant Shipping (Hours of Work) Regulations 1995 (regulation 1).
The Regulations define the responsibility of owners and others responsible for the operation of ships in relation to the certification and training of the seamen working on their ships, the availability of relevant documentation and the provision of instructions on familiarisation of seamen who are newly-appointed to their ships (regulation 4).
Provision is made for ships to carry Safe Manning Documents, and for submitting proposals for the manning of their ships to the Marine Safety Agency (regulation 5).
The Merchant Shipping (Hours of Work) Regulations 1995 are re-enacted with amendments to bring them into line with the revised STCW Convention (regulations 6 to 10). The major amendments are:—
(a)an increase in the minimum hours of rest from seven to 10 in any 24-hour period (with the possibility of the 10 being reduced to six for no more than two days);
(b)replacement of the alternative requirement of a minimum of 16 hours of rest in any 48-hour period by not less than 70 hours in each seven-day period.
Provision is made requiring the master to ensure that watchkeeping arrangements on the ship both at sea and in port are adequate and take account of the relevant parts of the STCW Code which is annexed to the revised STCW Convention and any guidance issued by the Secretary of State (regulations 11 to 13).
Other provisions deal with the carriage of documents on board ship (regulation 14), the inspection of non-UK ships (regulation 15) and the power to detain ships which are found to be in contravention of the Regulations (regulation 16).
The penalties for contravening the Regulations are prescribed (regulation 17).
There is a provision for the Secretary of State to grant exemptions, with conditions which he may specify, from all or any of the provisions of these Regulations (regulation 18).
The Merchant Shipping Notices setting out the matters specified by the Secretary of State under these Regulations are obtainable from Eros Marketing Support Services, Unit B, Imber Court Trading Estate, Orchard Lane, East Molesey, Surrey KT8 0BN.
Copies of the revised STCW Convention and the STCW Code annexed to it are obtainable from the International Maritime Organisation, 4 Albert Embankment, London SE1 7SR.