The Merchant Shipping (Load Line) Regulations 1998

Interpretation

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

“the 1966 Convention” means the International Convention on Load Lines, 1966(1);

“alteration” includes deterioration;

“amidships” in relation to a ship means the middle of the ship’s length (L);

“appropriate load lines” means the load lines directed to be marked on a ship pursuant to regulation 7(2)(b), or in the case of a ship not surveyed under these Regulations, pursuant to an International Load Line Certificate (1966) which is in force, indicating the maximum depth to which the ship may be loaded in salt water in a particular zone or area and seasonal period;

“appropriate certificate” means—

(a)

in the case of a Convention-size ship, an International Load Certificate 1966, and

(b)

in the case of any other ship, a United Kingdom Load Line Certificate;

“appropriate marks” means the appropriate load lines, the deck-line and load line mark;

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

“Category A, B, C or D waters” means the waters specified as such in Merchant Shipping Notice No. M. 1504;

“clearance” includes transire;

“column stabilised” means, in relation to a mobile offshore drilling unit or a mobile offshore support unit, constructed with the main deck of the unit connected to its underwater hull or footings by columns or caissons;

“Convention country” means a country or territory which is either—

(a)

a country the Government of which is party to the 1966 Convention; or

(b)

a territory to which the 1966 Convention extends;

“Convention-size” in relation to a ship, means in the case of an existing ship, of not less than 150 gross tons (ascertained in accordance with the law in force on 21st July 1968), and in the case of a new ship, of not less than 24 metres in length;

“exclusive surveyor” means a surveyor appointed by and working exclusively for an Assigning Authority;

“freeboard” means the distance measured vertically downwards at amidships from the upper edge of the deck-line described in regulation 16 to the position at which the upper edge of the load line appropriate to the freeboard is to be marked;

“freeboard deck” means the deck from which the freeboards assigned to the ship are calculated, being—

(a)

the uppermost complete deck exposed to weather and sea, which has permanent means of closing all openings open to the weather, and below which all openings in the sides of the ship are fitted with permanent means of watertight closing; or

(b)

at the request of the owner and subject to the approval of the Secretary of State, a deck lower than that described in subparagraph (a) above, it being a complete and permanent deck which is continuous both in a fore and aft direction at least between the machinery space and peak bulkheads of the ship, and athwartships.

• When this lower deck is stepped the lowest line of the deck and the continuation of that line parallel to the upper part of the deck is taken as the freeboard deck;

“international voyage” means a voyage between—

(a)

a port in the United Kingdom and a port outside the United Kingdom; or

(b)

a port in a Convention country (other than the United Kingdom) and a port in any other country or territory (whether a Convention country or not) which is outside the United Kingdom;

“length” and “(L)” in relation to a ship means the greater of the following distances, measured at and along the waterline—

(a)

the distance between the foreside of the stem and the axis of the rudder stock; or

(b)

a distance measured from the foreside of the stem, being 96 per cent of the distance between that point and the aft side of the stern.

The waterline referred to in this definition shall be 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;

“load line” means a mark on the ship indicating the maximum depth to which a ship may be loaded;

“local fisheries committee” means a local fisheries committee constituted under the Sea Fisheries Regulation Act 1966(2);

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

“material date” for the purposes of the definitions of a new and an existing ship is—

(a)

in relation to a ship whose parent country is a Convention country other than the United Kingdom, the date on which the 1966 Convention entered into force for that country; and

(b)

in relation to any other ship, the 21st July 1968;

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

“mobile offshore drilling unit” means a ship capable of engaging in drilling operations for the exploration or exploitation of resources beneath the sea bed such as liquid or gaseous hydrocarbons, sulphur or salt;

“mobile offshore support unit” means a ship used in connection with the offshore petroleum industry to provide ancillary services such as accommodation, cranes or repair facilities;

“moulded depth” in relation to a ship means the vertical distance measured from the top of the keel to the top of the freeboard deck beam at side, except that—

(a)

in the case of a wood or composite ship, it shall be measured from the lower edge of the keel rabbet;

(b)

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

(c)

in the case of a ship having rounded gunwales it shall be measured to the point of intersection of the moulded lines of the deck and side shell plating, the lines extending as though the gunwale were of angular design; and

(d)

if the freeboard deck is stepped and the raised part of the deck extends over the point at which the moulded depth is to be determined, it shall be measured to a line of reference extending from the lower part of the deck along a line parallel to the raised part of the deck;

“near-coastal voyage” means a voyage during which the vessel is never more than 150 nautical miles from a safe haven in the United Kingdom, or never more than 30 nautical miles from a safe haven in the Republic of Ireland;

“new ship” means a ship whose keel is laid, or which is at a similar stage of construction, on or after the material date; and “existing ship” means a ship which is not a new ship;

“non-United Kingdom ship” means any ship other than a United Kingdom ship within the meaning of section 85(2) of the Merchant Shipping Act 1995;

“parent country”, in relation to a ship, means the country or territory in which the ship is registered or, if the ship is not registered anywhere, it means the country or territory whose flag the ship flies;

“pleasure vessel” means—

(a)

any ship which at the time it is being used is—

(i)

(a)

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

(b)

any ship 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 ship referred to in paragraph (a) or (b) above no other payments are made by or on behalf of users of the ship, other than by the owner.

In this definition “immediate family” in relation to an individual means, the husband or the 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;

“rake of keel” means the inclination of the keel to a horizontal baseline;

“sailing ship” means a ship designed to carry sail, whether as the sole means of propulsion, or as a supplementary means;

“sea” does not include Category A, B, C or D waters;

“surveyor” means a surveyor appointed by the Secretary of State or an exclusive surveyor of any other Assigning Authority;

“valid Convention certificate” means an International Load Line Certificate (1966) or an International Load Line Exemption Certificate issued under the 1966 Convention which is in force;

“watertight” in relation to any part of the ship, means capable of preventing the passage of water in any direction.

(2) In determining, for the purposes of the definition of an international voyage what are the ports between which a voyage is made no account shall be taken of any deviation by a ship from its intended voyage which is solely due to stress of weather or any other circumstance which neither the master nor the owner nor the charterer (if any) of the ship could have prevented or forestalled.

(3) Any reference in these Regulations to the 1966 Convention includes any amendment of it considered by the Secretary of State to be relevant from time to time, and specified in a Merchant Shipping Notice.

(4) 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; and

(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.

(5) Any approval given pursuant to these Regulations shall be given in writing and shall specify the date on which it takes effect and the conditions (if any) on which it is given.

(1)

Cmnd. 3708.

(2)

1966 c. 38.