The Merchant Shipping (Life-Saving Appliances For Ships Other Than Ships Of Classes III To VI(A)) Regulations 1999

General interpretation

2.—(1) In these Regulations:

(a) a reference to a ship constructed on or after a specified date is a reference to a ship the keel of which is laid or which is at a similar stage of construction on or after that date; or

(b) if the ship is not a passenger ship before that date and is converted to a passenger ship it shall be treated as a passenger ship constructed on the date on which such a conversion takes place.

(2) In these Regulations the following expressions have the following meanings, except where the context otherwise requires:

“anti-exposure suit” means a protective suit designed for use by rescue boat crews and marine evacuation system parties, complying with the requirements of Schedule 10, Part 2 of MSN 1676(M);

“assembly station” and “muster station” have the same meaning;

“automatic self-righting liferaft” means a liferaft complying with the requirements of Schedule 4, Part 2 or 3 of MSN 1676(M);

“buoyant apparatus” means flotation equipment (other than lifebuoys and lifejackets) designed to support persons who are in the water and complying with the requirements of Schedule 12 of MSN 1676(M);

“buoyant lifeline” means a line complying with the requirements of Schedule 8, Part 6 of MSN 1676(M);

“buoyant smoke signal” means a pyrotechnic signal complying with the requirements of Schedule 7, Part 4 of MSN 1676(M);

“canopied reversible liferaft” means a liferaft complying with the requirements of Schedule 4, Part 2 or 3 of MSN 1676(M);

“cargo ship” means any ship which is not a passenger ship, pleasure vessel or fishing vessel;

“Category A, B, C and D waters” means the waters specified as such in Merchant Shipping Notice No. M.1719, and cognate expressions shall be construed accordingly;

“certificated person” means a member of the crew who holds either—

(a)

a Certificate of Proficiency in Survival Craft and Rescue boat under the Merchant Shipping (Training and Certification) Regulations 1997(1) or such certificate issued by or under the authority of any government outside the United Kingdom as is accepted by the Secretary of State as being the equivalent to a certificate issued under those Regulations; or

(b)

a Certificate of Proficiency as Lifeboatman issued before 28th April 1984 by or under the authority of the Secretary of State or such certificate issued before 28th April 1984 by or under the authority of any government outside the United Kingdom as is accepted by the Secretary of State as being the equivalent of such a certificate issued by or under the authority of the Secretary of State;

“certified” means certified by a certificate issued under regulation 10 of the Merchant Shipping (Survey and Certification) Regulations 1995(2);

“chemical tanker” means a cargo ship constructed or adapted and used for the carriage in bulk of any liquid product listed in Chapter 17 of the 1994 edition of the International Code for the Construction and Equipment of Ships Carrying Dangerous Chemicals in Bulk published by the Organisation;

“Class C boat” means a boat complying with the requirements in Schedule 3 of MSN 1677(M);

“Convention” means the International Convention for the Safety of Life at Sea, (SOLAS) 1974(3), and its 1978 Protocol(4) and amendments in force on 1st July 1998;

“EEA Agreement” means the Agreement on the European Economic Area signed at Oporto on 2nd May 1992(5) as adjusted by the Protocol signed at Brussels on 17th May 1993(6);

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

“date of expiry” in relation to any product referred to in Schedules 7 and 8 of MSN 1676(M) means a date within four years from the date of manufacture of that product;

“detection” means the determination of the location of survivors or survival craft;

“effective clearing of the ship” is the ability of the free-fall lifeboat to move away from the ship after free-fall launching without using its engine;

“embarkation ladder” means a ladder complying with the requirements of Schedule 6, Part 5 of MSN 1676(M) provided at survival craft embarkation stations to permit safe access to survival craft after launching;

“fast rescue boat” means a rescue boat complying with the requirements of Schedule 2, Part 10 of MSN 1676(M);

“fast rescue boat launching appliance” means an appliance complying with the requirements of Schedule 6, Part 2 of MSN 1676(M) designed to launch and recover a fast rescue boat;

“favourable weather” means fine, clear, settled weather with a sea state such as to cause only moderate rolling and/or pitching;

“free-fall acceleration” is the rate of change of velocity experienced by the occupants during launching of a free-fall lifeboat;

“free-fall certification height” is the greatest launching height for which the lifeboat is to be approved, measured from the still water surface to the lowest point on the lifeboat when the lifeboat is in the launch configuration;

“free-fall launching” means that method of launching a survival craft whereby the craft with it s complement of persons and equipment on board is released and allowed to fall into the sea without any restraining apparatus;

“gas carrier” means a cargo ship constructed or adapted and used for the carriage in bulk of any liquefied gas or other product listed in Chapter 19 of the 1993 edition of the International Code for the Construction and Equipment of Ships Carrying Liquefied Gases in Bulk published by the Organisation;

“general emergency alarm system” means a system complying with the requirements of Schedule 11, Part 1 of MSN 1676(M);

“hand flare” means pyrotechnic signal complying with the requirements of Schedule 7, Part 3 of MSN 1676(M);

“IAMSAR” means the 1998 Edition of International Aeronautical and Maritime Search and Rescue Manual published by IMO;

“immersion suit” means a protective suit which reduces the body heat-loss of a person wearing it in cold water and complies with the requirements of Schedule 10, Part 1 of MSN 1676(M);

“IMO” means the International Maritime Organization;

“inflatable appliance” means an appliance which depends upon non-rigid, gas-filled chambers for buoyancy and which is normally kept uninflated until ready for use;

“inflatable lifejacket” means a lifejacket complying with the requirements of Schedule 9, Part 4 of MSN 1676(M);

“inflated boat” means a boat complying with the requirements of Schedule 3, Part 3 of MSN 1676(M) or Schedule 4 of MSN 1677(M);

“instructions for on-board maintenance” means the instructions for complying with the requirements of Schedule 14, Part 2 of MSN 1676(M);

“international voyage” means a voyage from a country to which the Convention applies to a port outside that country, or conversely;

“launching appliance” means an appliance complying with the requirements of Schedule 6 of MSN 1676(M);

“launching ramp angle” means the angle between the horizontal and the launch rail of a free-fall lifeboat in its launching position with the ship on even keel;

“launching ramp length” is the distance between the stern of the lifeboat and the lower end of the launching ramp;

“length” in relation to a registered ship means registered length, and in relation to an unregistered ship means the length from the fore part of the stem to the aft side of the head of the stern post or, if no stern post is fitted to take the rudder, to the fore side of the rudder stock at the point where the rudder passes out of the hull;

“lifeboat” means a boat complying with the requirements of Schedule 2 of MSN 1676(M) or MSN 1677(M);

“lifebuoy” means a lifebuoy complying with the requirements of Schedule 8, Part 2 of MSN 1676(M);

“lifeboat radiotelegraph installation” means an installation complying with paragraph 6.4.1 in MSN 1693(M);

“lifejacket” means a lifejacket complying with the requirements in Schedule 8 of MSN 1677(M) or Schedule 9 of MSN 1676(M);

“lifejacket light” means a light complying with the relevant requirements of Schedule 9, Part 1 of MSN 1676(M);

“liferaft” means a liferaft complying with the requirements of either Schedule 4 of MSN 1676(M) or Schedule 5 of MSN 1677(M);

“lightest sea-going condition” is the loading condition with the ship on even keel, without cargo, with 10 per cent stores and fuel remaining and, in the case of a passenger ship, with the full number of passengers and crew and their luggage;

“line-throwing appliance” means an appliance complying with the requirements of Schedule 7, Part 5 of MSN 1676(M);

“long international voyage” means an international voyage which is not a short international voyage;

“marine evacuation system” means a system complying with the requirements of Schedule 5, Part 1 of MSN 1676(M);

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

“means of rescue” means equipment and arrangements complying with the requirements of Schedule 5, Part 3 of MSN 1676(M) designed to assist the recovery of survivors at sea;

“mechanically propelled lifeboat” means a lifeboat (other than a motor lifeboat) complying with the requirements of Schedule 2, Part 4 of MSN 1677(M);

“Merchant Shipping Notice” (or “MSN”) means a Notice described as such and issued by the MCA;

“mile” means a nautical mile of 1,852 metres;

“motor lifeboat” means a lifeboat complying with the requirements of Schedule 2 of MSN 1676(M) or MSN 1677(M);

“moulded depth” means 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 of 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;

“non-United Kingdom ship” means a ship other than a United Kingdom ship;

“passenger ship” means a ship carrying more than 12 passengers;

“periodical survey” with regard to life-saving appliances and arrangements means a periodical survey pursuant to regulation 4 or 6 of the Merchant Shipping (Survey and Certification) Regulations 1995 being conducted—

(a)

for a passenger ship, every 12 months; and

(b)

for a cargo ship, every 24 months;

“person” means a person over the age of one year;

“pleasure vessel” means:

(a)

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

(i)

(aa)

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

(bb)

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;

(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.

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

“radar transponder” means a radar transponder, for use in survival craft, the emissions of which are intended to facilitate location of a survival craft in search and rescue operations;

“retro-reflective material” means a material which reflects in the opposite direction a beam of light directed on it and complies with Marine Guidance Notice No. M 105;

“relevant standard of a member State other than the United Kingdom”, in relation to a reference to a British Standard means:

(a)

a relevant standard or code of practice of a national standards body or equivalent body of a EEA State other than the United Kingdom;

(b)

a relevant international standard recognised for use in a EEA State other than the United Kingdom; or

(c)

a relevant specification acknowledged for use as a standard by a public authority of a EEA State other than the United Kingdom;

being a standard, code of practice or specification which provides in use, levels of safety, suitability and fitness for purpose equivalent to those provided by the International Standard or the British Standard;

“required free-fall height” means the greatest distance measured from the still water surface to the lowest point on the lifeboat when the lifeboat is in the launch configuration and the ship is in its lightest seagoing condition;

“rescue boat” means a boat complying with the requirements of Schedule 2 or 3 of MSN 1676(M) and designed to rescue persons in distress and to marshall liferafts;

“restricted period” means a period falling wholly within the following limits:

(a)

from 1st April to 31st October, both dates inclusive; and

(b)

between one hour before sunrise and one hour after sunset in the case of ships fitted with navigation lights conforming regulations, and between sunrise and sunset in the case of any other ship;

“retrieval” means the safe recovery of survivors;

“rocket parachute flare” means a pyrotechnic signal complying with the requirements of Schedule 7, Part 2 of MSN 1676(M);

“ro-ro passenger ship” means a passenger ship provided with cargo or vehicle spaces not normally sub-divided in any way and extending to either a substantial length or the entire length of the ship in which vehicles or cargo can be loaded or unloaded in a horizontal direction;

“sailing ship” includes a ship provided with sufficient sail area for navigation under sails alone, whether or not fitted with mechanical means of propulsion;

“satellite EPIRB” means an emergency position-indicating radio beacon, being an earth station in the mobile-satellite service, the emissions of which are intended to facilitate search and rescue operations and which is capable of—

(a)

floating free if the ship sinks;

(b)

being automatically activated when afloat;

(c)

being manually activated; and

(d)

being carried by one person;

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

“sea anchor” means an anchor complying with the requirements of Part 4 of Schedule 13, Part 4 of MSN 1676(M);

“self activating smoke signal” means a signal complying with the requirements of Schedule 8, Part 5 of MSN 1676(M);

“self-igniting light” means a light complying with the requirements of Schedule 8, Part 4 of MSN 1676(M);

“service space” includes galleys, pantries containing cooking appliances, lockers and storerooms, paint rooms, baggage rooms, workshops other than those forming part of machinery spaces, mail rooms and similar spaces and trunks to such spaces;

“short international voyage” means an international voyage:

(a)

in the course of which a ship is not more than 200 miles from a port or place in which the passengers and crew could be placed in safety; and

(b)

which does not exceed 600 nautical miles in distance between the last port of call in the country in which this voyage begins and the final port of destination;

however, for the purposes of this definition, no account shall be taken of any deviation by a ship from the intended voyage due solely to the stress of weather or any other circumstances that neither the master nor the owner nor the charterer (if any) of the ship could have prevented or forestalled;

“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 less;

“survival craft” means a craft capable of sustaining the lives of persons in distress from the time of abandoning the ship;

“tanker” means a cargo ship constructed or adapted for the carriage in bulk of liquid cargoes of a flammable nature and also means a chemical tanker or gas carrier constructed or adapted to carry cargoes emitting toxic vapours or gases, or cargoes having a flash point not exceeding 60°C (closed cup test);

“thermal protective aid” means a bag or suit complying with the requirements of Schedule 10, Part 2 of MSN 1676(M);

“tons” means gross tons and a reference to tons—

(a)

in relation to a ship having alternative gross tonnages under paragraph 13 of Schedule 5 of the Merchant Shipping (Tonnage) Regulations 1982(7) permitted to be used pursuant to regulation 12(1) of the Merchant Shipping (Tonnage) Regulations 1997(8), is a reference to the larger of those tonnages; and

(b)

in relation to a ship having its gross tonnage determined both under Part II and regulation 12(2) of those Regulations is a reference to its gross tonnage as determined under regulation 12(2);

“toxic vapours or gases” means the vapours or gases associated with products for which in the event of escape, respiratory and eye protection is required in Chapter 17 of the 1994 Edition of International Code for the Construction and Equipment of Ships Carrying Dangerous Chemicals in Bulk published by IMO and in Chapter 19 of the International Code for the Construction and Equipment of Ships Carrying Liquefied Gases in Bulk published by IMO;

“training manual” means a manual complying with the requirements of Schedule 14, Part 1 of MSN 1676(M);

“two-way VHF radiotelephone apparatus” means a two-way VHF radiotelephone apparatus in survival craft for communication between survival craft, between survival craft and ship and between ship and rescue boat, complying with, in the case of equipment installed before 23rd November 1996, performance standards adopted by IMO contained in IMO Resolution A.762(18) and, in the case of equipment installed on or after 23rd November 1996, performance standards adopted by the organisation in IMO Resolution A.809(19);

“voyage” includes an excursion;

“water-entry angle” is the angle between the horizontal and the launch rail of the free-fall lifeboat when it first enters the water; and

“waterproofed” means protected as far as is practicable from the ingress of water.

(3) Any reference in these Regulations—

(a) the Code for the Construction and Equipment of Ships Carrying Dangerous Chemicals in Bulk;

(b) the International Code for the Construction and Equipment of Ships Carrying Dangerous Chemicals in Bulk;

(c) the Code for the Construction and Equipment of Ships Carrying Liquefied Gases in Bulk;

(d) the International Code for the Construction and Equipment of Ships Carrying Liquefied Gases in Bulk;

(e) a British Standard;

(f) a Merchant Shipping Notice or a Marine Guidance Note;

(g) any other specified Code or guidelines; and

(h) Life-Saving Signals and Rescue Methods, SOLAS No. 1; and

(i) IAMSAR;

shall include:

(a) a reference to any document amending that publication which is considered by the Secretary of State to be relevant from time to time and is specified in a Merchant Shipping Notice; and

(b) as respects a reference to a British Standard, a reference to a relevant standard of a EEA State other than the United Kingdom.

(1)

S.I. 1997/348, amended by S.I. 1997/1346.

(2)

S.I. 1995/1210 to which there are amendments not relevant to these Regulations.

(3)

Cmnd. 7874.

(4)

Cmnd. 7346.

(5)

Cmnd. 2073.

(6)

Cmnd. 2183.

(7)

S.I. 1982/841.

(8)

S.I. 1997/1510.