Regulation 11
1. In this Schedule “” means—
F1(a). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
(b)a licence issued by an EEA State which is—
(i)a navigability licence issued in accordance with Article 2 of [F2Directive 2009/100/EC]F3 [F4as it has effect in EU law],
(ii)a certificate issued pursuant to the [F5Rhine Vessel Inspection RegulationsF6 as referred to in Article 1 of Directive 2009/100/EC] [F4as it has effect in EU law], or
(iii)in the case of a vessel carrying dangerous goods as defined in the [F7European Agreement concerning the International Carriage of Dangerous Goods by Inland WaterwaysF8 as referred to in Article 1 of Directive 2009/100/EC] [F4as it has effect in EU law], an authorisation in accordance with the requirements laid down in that Agreement.
Textual Amendments
F1Sch. 1 para. 1(a) omitted (31.12.2020) by virtue of The Merchant Shipping (Inland Waterways) (Amendment etc.) (EU Exit) Regulations 2019 (S.I. 2019/808), regs. 1(2), 2(6)(a); 2020 c. 1, Sch. 5 para. 1(1)
F2Words in Sch. 1 para. 1(b)(i) substituted (23.2.2019) by The Merchant Shipping (Technical Requirements for Inland Waterway Vessels) (Amendment) Regulations 2019 (S.I. 2019/160), regs. 1(2), 14(b)(i)
F3OJ No. L 259, 2.10.2009, p. 8 as amended by Article 36 of Directive (EU) 2016/1629.
F4Words in Sch. 1 para. 1(b) inserted (31.12.2020) by The Merchant Shipping (Inland Waterways) (Amendment etc.) (EU Exit) Regulations 2019 (S.I. 2019/808), regs. 1(2), 2(6)(b); 2020 c. 1, Sch. 5 para. 1(1)
F5Words in Sch. 1 para. 1(b)(ii) substituted (23.2.2019) by The Merchant Shipping (Technical Requirements for Inland Waterway Vessels) (Amendment) Regulations 2019 (S.I. 2019/160), regs. 1(2), 14(b)(ii)
F62017, issued by the Central Commission for the Navigation on the Rhine.
F7Words in Sch. 1 para. 1(b)(iii) substituted (23.2.2019) by The Merchant Shipping (Technical Requirements for Inland Waterway Vessels) (Amendment) Regulations 2019 (S.I. 2019/160), regs. 1(2), 14(b)(iii)
F82017, issued by the United Nations Economic Commission for Europe.
2. Subject to paragraph 3, where a navigability licence has been issued to a vessel by an EEA State F9... and that licence is still valid, the vessel may operate on any inland waterway in the United Kingdom F10...
Textual Amendments
F9Words in Sch. 1 para. 2 omitted (31.12.2020) by virtue of The Merchant Shipping (Inland Waterways) (Amendment etc.) (EU Exit) Regulations 2019 (S.I. 2019/808), regs. 1(2), 2(6)(c); 2020 c. 1, Sch. 5 para. 1(1)
F10Words in Sch. 1 para. 2 omitted (23.2.2019) by virtue of The Merchant Shipping (Technical Requirements for Inland Waterway Vessels) (Amendment) Regulations 2019 (S.I. 2019/160), regs. 1(2), 14(c)
3.—(1) A ship surveyor may interrupt the passage of a vessel which has been issued with a navigability licence if an inspector has found on inspection that—
(a)the vessel is in a condition which constitutes a danger to the surroundings, or
(b)the vessel or its equipment does not satisfy the requirements set out in the navigability licence.
(2) A ship surveyor who decides to interrupt the passage of a vessel under paragraph (1) must notify the master or owner of the vessel, or the owner's representative, of—
(a)the decision and the detailed reasons on which that decision is based,
(b)the remedies available to the master, owner or owner's representative, as specified in a Merchant Shipping Notice, and
(c)the time limits for the pursuit of those remedies.
(3) Where a ship surveyor has interrupted the passage of a vessel in accordance with paragraph (1), the MCA must notify the competent authority of the member State where the navigability licence was issued of the reasons for that decision.
(4) The interruption of the passage of a vessel in accordance with paragraph (1) must not continue after the defects in the vessel have been corrected or the vessel or its equipment has been brought into compliance with the requirements set out in the navigability licence.