The Merchant Shipping and Fishing Vessels (Safety Signs and Signals) Regulations 2001

Interpretation U.K.

2.—(1) In these Regulations:

• “accoustic signal” means a coded sound signal which is released and transmitted by a device designed for that purpose, without the use of a human or artificial voice;

• “the Act” means the Merchant Shipping Act 1995;

• “contract of employment” means a contract of employment, whether express or implied, and if express, whether oral or in writing;

• “dangerous goods” means goods classified as such in the IMDG Code, in Chapter 19 of the IGC Code or in Chapter 17 of the IBC Code;

• “the Directive” means Council Directive 92/58/EEC M1 on the minimum requirements for the provision of safety and/or health signs at work;

• “employer” means a person by whom a worker is employed under a contract of employment;

• “fire safety sign” means a sign (including an illuminated sign or an acoustic signal) which—

  (a)

  provides information on escape routes and emergency exits in case of fire;

  (b)

  provides information on the identification or location of fire-fighting equipment; or

  (c)

  gives warning in case of fire;

• “General Duties Regulations” means the Merchant Shipping and Fishing Vessels (Health and Safety at Work) Regulations 1997 M2 ;

• “hand signal” means a movement or position of the arms or hands or a combination thereof, in coded form, for guiding persons who are carrying out manoeuvres which create a risk to the health or safety of persons at work;

• “health and safety” includes the occupational health and safety of persons whilst on board the ship and whilst boarding or leaving the ship;

• “IBC Code” means the 1998 edition of the IMO International Code for Construction and Equipment of Ships Carrying Dangerous Chemicals in Bulk;

• “IGC Code” means the 1993 edition of the IMO International Code for the Construction and Equipment of Ships Carrying Liquefied Gases in Bulk;

• “illuminated sign” means a sign produced by a device made of transparent or translucent materials which are illuminated from the inside or the rear in such a way as to give the appearance of a luminous surface;

• “IMDG Code” means the 2000 edition of the IMO International Maritime Dangerous Goods Code;

• “IMO” means the International Maritime Organization;

• “in bulk” means directly and without intermediate form of containment in a hold, tank or cargo space which is a structural part of or permanently attached to a ship;

• “mandatory sign” means a sign prescribing specific behaviour;

• “MCA” means the Maritime and Coastguard Agency, an executive agency of the Department for Transport, Local Government and the Regions;

• “Merchant Shipping Notice” means a Notice described as such and issued by the Secretary of State;

• “prohibition sign” means a sign prohibiting behaviour likely to cause a risk to health or safety;

• “public service vessel” means any vessel operated by and on behalf of a public body while it is carrying out the authorised functions of that body;

• “relevant inspector” means a person mentioned in paragraphs (a), (b) or (c) of section 258(1) of the Act;

• “safety colour” means a colour to which a specific meaning is assigned in Annex 1 of the Directive;

• “safety sign” means a sign referring to a specific object, activity or situation and providing information or instructions about health or safety at work by means of a signboard, a safety colour, an illuminated sign or acoustic signal, a verbal communication or a hand signal, as the case may be;

• “sail training vessel” means a sailing vessel which is being used either:

  (a)

  to provide instruction in the principles of responsibility, resourcefulness, loyalty and team endeavour and to advance education in the art of seamanship; or

  (b)

  to provide instruction in navigation and seamanship for yachtsmen,

  and is operating under a statutory code;

• “signboard” means a sign which provides information or instructions by a combination of geometric shape, colour and a symbol or pictogram and which is rendered visible by lighting of sufficient intensity;

• “statutory code” means—

  • The Code of Practice for the Safety of Small Commercial Sailing Vessels M3 ;

  • The Code of Practice for the Safety of Large Commercial Sailing and Motor Vessels M4 ;

  • The Code of Practice for the Safety of Small Commercial Motor Vessels M5 ; or

  • The Code of Practice for the Safety of Small Vessels in Commercial Use for Sport or Pleasure Operating from a Nominated Departure Points M6 ;

• “symbol or pictogram” means a figure which describes a situation or prescribes specific behaviour and which is used on a signboard or illuminated surface;

• “trainees and apprentices” does not include persons who are training in a sail training vessel;

• “United Kingdom ship” means a ship which—

  (a)

  is a United Kingdom ship within the meaning of section 85(2) of the Act;

  (b)

  is a Government ship within the meaning of section 308(4) of the Act; or

  (c)

  is a hovercraft registered under the Hovercraft Act 1968 M7 ;

• “verbal communication” means a predetermined spoken message communicated by a human or artificial voice;

• “warning sign” means a sign giving warning of a hazard or danger;

• “worker” means any person employed by an employer under a contract of employment, including trainees or apprentices.

(2) Any reference in these Regulations to a sign providing instructions includes a mandatory sign, a prohibition sign and a warning sign.

(3) Any reference in these Regulations to the IBC Code, the IGC Code or the IMDG Code shall include 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.

Marginal Citations

M1 O.J. No. L245, 26.8.92, p. 23.

M2 S.I. 1997/2962, as amended by S.I. 2001/54.

M3 Published by The Stationery Office in 1993 (ISBN 0-11-551184-9).

M4 Published by The Stationery Office in 1997 (ISBN 0-11-551911-4).

M5 Published by The Stationery Office in 1993 (ISBN 0-11-551185-7).

M6 Published by The Stationery Office in 2000 (ISBN 0-11-551812-6).

M7 1968 c. 59.