The Merchant Shipping (Boatmasters' Qualifications, Crew and Hours of Work) Regulations 2015

Boatmasters' qualifications: general U.K.

Qualifications which must be held by masters U.K.

9.—(1) Subject to regulations 10 to 12, for the purposes of sections 49 (prohibition of going to sea undermanned) and 52 (unqualified persons going to sea as qualified officers or seamen) of the Act, a boatmaster is not qualified to serve as master of a vessel unless that boatmaster holds—

(a) a boatmaster's licence of the Tier and level specified in column (1) of Table 2 in Regulation 14 which authorises that person to serve as master of the vessel being navigated in the category of waters in which it is being navigated, together with—

(i) the endorsements listed in that Table, or an equivalent qualification specified by the Secretary of State, which are required to authorise that person to serve as master on that vessel or engage in operations which the vessel is undertaking, and

(ii) unless regulation 12 applies, the relevant local knowledge endorsements which are required by regulation 17 to authorise the master to navigate the waters being navigated; [F1 or]

F2 (b) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F3 (c) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(d) such other qualification, in such circumstances and subject to such conditions, as may be specified by the Secretary of State.

(2) A person does not contravene this regulation while that person —

(a) is navigating a vessel as part of the qualifying service required under regulations 19, 20, 21, 22, 24 F4 ... under the direction of a person who is qualified in accordance with this regulation,

(b) is undergoing a practical test of seamanship and vessel handling skill which is—

(i) conducted on board a vessel of a kind reasonably representative of the class of vessel the command of which the licence or endorsement would authorise, and

(ii) in waters appropriate to that class of licence or endorsement, or

(c) is authorised to serve as master of a vessel under regulation 50.

Textual Amendments

F1 Word in reg. 9(1)(a)(ii) inserted (31.12.2020) by The Merchant Shipping (Inland Waterways) (Amendment etc.) (EU Exit) Regulations 2019 (S.I. 2019/808), regs. 1(2), 3(4)(a)(i); 2020 c. 1, Sch. 5 para. 1(1)

F2 Reg. 9(1)(b) 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), 3(4)(a)(ii); 2020 c. 1, Sch. 5 para. 1(1)

F3 Reg. 9(1)(c) 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), 3(4)(a)(iii); 2020 c. 1, Sch. 5 para. 1(1)

F4 Words in reg. 9(2)(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), 3(4)(b); 2020 c. 1, Sch. 5 para. 1(1)

Vessels to which a pilotage direction applies U.K.

10.—(1) Where a pilotage direction apples to a vessel, a boatmaster is not qualified to serve as master unless—

(a) the boatmaster—

(i) is an authorised pilot, or

(ii) holds a pilotage exemption certificate issued by the competent navigation authority; or

(b) the vessel is carrying an authorised pilot.

(2) In this regulation “pilotage direction” has the meaning given in section 7(1) of the Pilotage Act 1987.

Restrictions on holders of a Rhine navigation licence U.K.

F5 11.  . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

F5 Reg. 11 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), 3(5); 2020 c. 1, Sch. 5 para. 1(1)

Relevant local knowledge endorsements and authorised pilots U.K.

12.—(1) This regulation applies to a boatmaster who—

(a) is required by regulation 9(1)(a)(ii) to hold a relevant local knowledge endorsement; [F6 or]

F7 (b) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F8 (c) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(d) in any other circumstances, would be required to hold a relevant local knowledge endorsement if that person held a boatmaster's licence.

(2) A boatmaster to whom this regulation applies is qualified to serve as master of a vessel engaged on a voyage in waters where a relevant local knowledge endorsement is or would be required, where—

(a) that person is an authorised pilot for all those waters,

(b) that person holds a pilotage exemption certificate issued by the competent navigation authority in relation to all those waters, or

(c) the vessel is carrying an authorised pilot for all those waters.

Textual Amendments

F6 Word in reg. 12(1)(a) inserted (31.12.2020) by The Merchant Shipping (Inland Waterways) (Amendment etc.) (EU Exit) Regulations 2019 (S.I. 2019/808), regs. 1(2), 3(6)(a); 2020 c. 1, Sch. 5 para. 1(1)

F7 Reg. 12(1)(b) 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), 3(6)(b); 2020 c. 1, Sch. 5 para. 1(1)

F8 Reg. 12(1)(c) 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), 3(6)(c); 2020 c. 1, Sch. 5 para. 1(1)