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

Masters to be qualified

8.—(1) A person to whom this Part applies must be qualified in accordance with this regulation.

(2) A person is qualified to serve as master of a vessel if he holds—

(a) a boatmaster’s licence of a class appropriate both to the vessel which is being navigated and to the waters in which it is being navigated (subject to paragraph (6)),

(b) a boatmaster’s certificate of a class appropriate both to the vessel which is being navigated and to the waters in which it is being navigated (subject to paragraph (6)), or

(c) a Rhine navigation licence appropriate to the vessel which is being navigated (subject to paragraphs (3), (4) and (6)).

(3) A person holding a Rhine navigation licence is not qualified to serve as master of a vessel at sea.

(4) A person holding a Rhine navigation licence is not qualified to serve as master of any vessel in waters where (if he were the holder of a boatmaster’s licence) a relevant local knowledge endorsement would be required, unless—

(a) he is authorised to do so by virtue of a supplementary licence,

(b) he either is an authorised pilot or holds a pilotage exemption certificate issued by the competent navigation authority in relation to those waters, or

(c) the vessel is carrying an authorised pilot.

(5) A person not holding a boatmaster’s licence, boatmaster’s certificate or Rhine navigation licence is qualified to serve as master of—

(a) a non-seagoing small commercial vessel or non-seagoing small passenger vessel in waters other than the sea, if he holds an appropriate IWSPB Code qualification and satisfies the condition (if any) applied to that qualification by Part 2 of Schedule 2,

(b) a vessel having a gross tonnage of less than 500 tonnes in waters of category C or D, if he holds an STCW Class II/3 Certificate (Master, Category D), or

(c) a tug on inshore towage operations, if he holds an Inshore Tug Certificate,

(subject in each case to paragraph (6)).

(6) A person to whom this Part applies is not qualified to serve as master of any vessel to which a pilotage direction applies unless—

(a) he is an authorised pilot,

(b) he holds a pilotage exemption certificate issued by the competent navigation authority, or

(c) the vessel is carrying an authorised pilot.

(7) In this regulation—

“authorised pilot” means a person authorised in accordance with section 3 of the Pilotage Act 1987(1);

“inshore towage operations” means operations in waters of category A, B, C or D or in a limited coastal area with a vessel constructed solely for the purpose of, and normally used for, providing external motive power for floating objects or vessels;

“pilotage direction” has the meaning given in section 7(1) of the Pilotage Act 1987;

“pilotage exemption certificate” has the meaning given in section 8(1) of that Act; and

“supplementary licence” means a licence issued under regulation 20.

(1)

1987 c.21.