The Merchant Shipping (Radio Installations) Regulations 1998

Interpretation U.K.

2.  In these Regulations—

“1984 Regulations” means the Merchant Shipping (Passenger Ship Construction and Survey) Regulations 1984(1);

“cargo ship” means a ship other than a passenger ship;

“certificated radio operator” means a person qualified as specified in regulation 19(3), as a VHF radiotelephone operator, radiotelephone operator or radio officer;

“EEA Agreement” means the Agreement on the European Economic Area signed at Oporto on 2nd May 1992 as adjusted by the Protocol signed at Brussels on 17th March 1993(2);

“EEA State” means a State which is a Contracting Party to the EEA Agreement;

“first periodical survey” means the periodical survey required by regulation 4 of the Merchant Shipping (Survey and Certification) Regulations 1995(3) to renew the ship’s Passenger Ship Safety Certificate or Passenger Certificate within the meaning of those Regulations;

“general radiotelecommunications” means operational and public correspondence traffic, other than distress, urgency and safety messages, conducted by radio;

“GMDSS” means the Global Maritime Distress and Safety System;

“GMDSS ship” means a ship to which Part II of these Regulations applies;

“interference” has the same meaning as in the Wireless Telegraphy Act 1949(4);

“Maritime and Coastguard Agency” means the Maritime and Coastguard Agency, an executive agency of the Department of the Environment, Transport and the Regions;

“Merchant Shipping Notice” means a Notice described as such, issued by the Maritime and Coastguard Agency, and includes a reference to any such document amending or replacing that Notice;

“non-GMDSS ship” means any ship other than a GMDSS ship;

“Organisation” means the International Maritime Organisation;

“passenger ship” means a ship certified to carry more than 12 passengers;

“pleasure vessel” means—

(a)

any 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 the 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 or friends; 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.

In 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;

“radio installation” means any radio installation provided on board a ship in compliance with these Regulations, including its associated antennas, interconnecting circuits and, where appropriate, sources of electrical energy;

“Radio Regulations” means the Radio Regulations annexed to, or regarded as being annexed to, the International Telecommunication Convention 1994(5) and includes any amendment thereto which the Secretary of State considers relevant from time to time and specifies in a Merchant Shipping Notice;

“Safety Convention” means the International Convention for the Safety of Life at Sea 1974(6);

“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 tons or 1% of the estimated mass of all structural material, whichever is less;

“tons” means gross tons; and a ship to which regulation 12 of the Merchant Shipping (Tonnage) Regulations 1997(7) refers may continue to use the gross tonnage additionally ascertained in accordance with the provisions of Schedule 5 and appendices 1 to 4 thereto of the Merchant Shipping (Tonnage) Regulations 1982(8).

Commencement Information

I1 Reg. 2 in force at 28.9.1998, see reg. 1(1)

(1)

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

(2)

Cmnd. 2073.

(3)

S.I. 1995/1210, amended by S.I. 1996/2418.

(4)

1949 c. 54.

(5)

Cmnd. 3447.

(6)

Cmnd, 7874.

(7)

S.I. 1997/1510.

(8)

S.I. 1982/841; these Regulations have been revoked by S.I. 1997/1510 but the Secretary of State may permit certain ships to continue to use the gross tonnage additionally ascertained under Schedule 5 thereto, see regulation 12.