The Merchant Shipping (Inland Waterway and Limited Coastal Operations) (Boatmasters’ Qualifications and Hours of Work) Regulations 2006

Interpretation of Part 2

5.—(1) In this Part—

“bareboat charter terms” has the meaning given in section 17(11) of the 1995 Act;

“boatmaster’s certificate” means a certificate issued—

(a)

in the United Kingdom, by the Secretary of State under Part 2 of these Regulations, or

(b)

in an EEA State other than the United Kingdom, by a competent authority of that state,

in accordance with Council Directive 96/50/EC of 23 July 1996 on the harmonisation of the conditions for obtaining national boatmasters’ certificates for the carriage of goods and passengers by inland waterway(1);

“boatmaster’s licence” means a licence issued by the Secretary of State under Part 2 of these Regulations;

“competent navigation authority” means a person in whom there is vested, under any enactment, a power or duty to manage navigation in any part of United Kingdom waters;

“EEA State” means a Member State, Norway, Iceland or Liechtenstein;

“immediate family”, in relation to a user of a pleasure vessel, means—

(a)

the husband, wife or civil partner of the individual,

(b)

the brother, sister, ancestor or lineal descendant of the individual, and

(c)

the brother, sister, ancestor or lineal descendant of the individual’s husband, wife or civil partner;

“limited coastal area” means an area of sea where the vessel is neither more than 15 miles (exclusive of waters of category A, B, C or D) from its point of departure nor more than 3 miles from land;

“load line length” means the greater of the following distances measured at the waterline—

(a)

96% of the total length of the vessel on a waterline at 85% of the least moulded depth measured from the top of the keel, or

(b)

the length from the foreside of the stem of the vessel to the axis of the rudder stock on that waterline,

(and, for the purpose of determining those lengths, where a vessel is designed with a rake of keel the waterline is to be treated as parallel to the designed waterline);

“normal duties”, in relation to the holder of a boatmaster’s licence or certificate or a Rhine navigation licence, means the duties normally performed by a person holding a boatmaster’s licence (with or without an endorsement) or boatmaster’s certificate of the relevant class or a Rhine navigation licence, as the case may be;

“pleasure vessel” means—

(a)

any vessel which is—

(i)

wholly owned or operated on bareboat charter terms by an individual and used only for the sport or pleasure of that individual, his immediate family and his friends, or

(ii)

wholly owned or operated on bareboat charter terms by a body corporate and used only for the sport or pleasure of employees or officers of the body corporate, or the immediate family or friends of those persons ,

and which is on a voyage for which the owner is not paid 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

(b)

any vessel which is wholly owned or operated on bareboat charter terms 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 for the use of which no payments other than those mentioned above are made by or on behalf of the users of the vessel, other than by the owner;

“Port of London area” means the waters within the Port of London described in paragraph 6 of Part 3 of Schedule 3 (and includes, unless the context otherwise requires, a part of those waters);

“prescribed fee” means the fee prescribed by the Secretary of State under section 302 of the 1995 Act;

“relevant local knowledge endorsement” has the meaning given in Part 3 of Schedule 3;

“relevant medical condition” means a medical condition or disability which affects a person’s ability to perform normal duties;

“small commercial vessel” means a vessel which is neither a pleasure vessel nor a passenger ship and which is—

(a)

less than 24 metres in load line length, or

(b)

of less than 150 tons, where the keel was laid, or where the vessel was at a similar stage of construction, before 21st July 1968,

(and “similar stage of construction” means a stage at which construction identifiable with a specific vessel has begun and assembly of that vessel comprising at least 1% of the estimated mass of all structural material has commenced);

“small passenger vessel” means a vessel carrying not more than 12 passengers;

“UK certificate” has the meaning given in regulation 15(1); and

“vessel” means a vessel of a kind mentioned in regulation 7(2).

(2) A reference in this Part to—

(a) a boatmaster’s licence of any class (with or without a reference to an endorsement), or

(b) an endorsement of any class,

is a reference to a licence or endorsement of that class as specified in Part 1 of Schedule 3.

(3) A reference in this Part to a boatmaster’s certificate of any group is a reference to a certificate of that group as specified in Part 2 of Schedule 3.

(1)

OJ No. L235, 17.9.96, p.31. The directive was applied to the European Economic Area by a Decision of the EEA Joint Committee of 1st May 1997 (OJ No. L424, 4.9.97, p. 70) and amended by Regulation (EC) 1882/2003 of the EU Parliament and Council of 29 September 2003 (OJ No. L284, 31.10.2003, p.1).