The Merchant Shipping (Safety of Navigation) Regulations 2020

PART 2 U.K. Safety of navigation requirements

Safety of navigation requirements U.K.

5.—(1) A ship to which these Regulations apply must comply with each requirement in Chapter V applicable to that ship and referred to in paragraph (2).

(2) Subject to paragraphs (3) and (4), the requirements referred to in paragraph (1) are those referred to in the following provisions in Chapter V—

(a) paragraph 3 of regulation 7 (on board plan for cooperation with search and rescue services);

(b) paragraph 7 of regulation 10 (use of ships’ routeing systems);

(c) paragraphs 1 and 7 of regulation 11 (ship reporting systems);

(d) paragraphs 3 and 4 of regulation 14 (ships’ manning);

(e) regulation 15 (principles relating to bridge design, design and arrangement of navigational systems and equipment and bridge procedures);

(f) paragraphs 2 and 3 of regulation 17 (electromagnetic compatibility);

(g) paragraphs 1 to 3 and 7 to 9 of regulation 18 (approval, surveys and performance standards of navigational systems and equipment and voyage data recorder);

(h) regulation 19 (carriage requirements for shipborne navigational systems and equipment), except for paragraphs 1.3, 2.2.4 and 2.4.4;

(i) paragraphs 4 to 7 of regulation 19-1 (long-range identification and tracking of ships);

(j) paragraphs 1 and 2 of regulation 20 (voyage data recorders);

(k) regulations 21 to 30(1);

(l) paragraphs 1 and 4 of regulation 31 (danger messages);

(m) paragraphs 1, 2, 4 and 5 of regulation 32 (information required in danger messages);

(n) paragraphs 1, 2 and 6 of regulation 33 (distress situations: obligations and procedures);

(o) regulation 34 (safe navigation and avoidance of dangerous situations);

(p) regulation 34-1 (master’s discretion); and

(q) regulation 35 (misuse of distress signals).

(3) The requirements referred to in paragraph (2) are subject to the following exceptions—

(a) regulations 18, 19 and 20 in Chapter V do not apply to high-speed craft to which the [F1 the Merchant Shipping (High Speed Craft) Regulations 2022] apply;

(b) in so far as they relate to systems and equipment regulated by regulations 19 and 20, paragraphs 1 to 3 and 7 to 9 of regulation 18 in Chapter V do not apply to ships below 150 gross tons engaged on any voyage;

(c) regulation 19 in Chapter V does not apply to—

(i) fishing vessels;

(ii) pleasure vessels below 150 gross tons engaged on any voyage, except for paragraph 2.1.7 (requirement for radar reflector);

(iii) ships which are not sea-going, except for paragraphs 2.1.1, 2.1.2, 2.1.3, 2.1.4, 2.1.6, 2.1.7 and 2.1.8 (navigational equipment and arrangements);

(d) paragraph 2.2.3 of regulation 19 in Chapter V (bridge navigational watch alarm system) does not apply to ships—

(i) below 150 gross tons engaged on any voyage;

(ii) below 500 gross tons not engaged on international voyages;

(e) paragraph 1 of regulation 21 in Chapter V (carriage of International Code of Signals(2)) does not apply to ships below 150 gross tons engaged on any voyage;

(f) paragraph 2 of regulation 21 in Chapter V (carriage of IAMSAR Manual(3)) does not apply to—

(i) ships below 150 gross tons engaged on any voyage;

(ii) ships below 500 gross tons not engaged on international voyages;

(iii) fishing vessels;

(g) regulation 23 in Chapter V (pilot transfer arrangements) does not apply to—

(i) ships below 150 gross tons engaged on any voyage;

(ii) ships below 500 gross tons not engaged on international voyages;

(iii) fishing vessels;

(h) regulations 24 to 27 in Chapter V do not apply to—

(i) pleasure vessels below 150 gross tons engaged on any voyage;

(ii) ships which are not sea-going; and

(i) paragraph 1 of regulation 28 in Chapter V (requirement to keep on board record of navigational activities and incidents) does not apply to any ship below 150 gross tons engaged on any voyage.

(4) Regulations 24 to 26 in Chapter V (relating to the use of heading or track control systems, and steering gear) are subject to any special rules made by any person empowered by law for roadsteads, harbours, rivers, lakes or inland waterways connected with the high seas and navigable by sea-going vessels(4).

(5) In this regulation—

“Category A, B, C or D waters” means the waters specified as such in Merchant Shipping Notice 1837(M) Amendment 2(5);

“fishing vessel” means a ship used for catching fish, whales, seals, walrus or other living resources of the sea;

“gross tons” means gross tonnage ascertained under regulations 6 and 12(1) of the Merchant Shipping (Tonnage) Regulations 1997(6);

“Merchant Shipping Notice” means a notice described as such and issued by the Maritime and Coastguard Agency (an executive agency of the Department for Transport) and includes a reference to any document amending or replacing that notice which is considered by the Secretary of State to be relevant from time to time and is specified in a Merchant Shipping Notice;

“pleasure vessel” means—

(a)

any vessel which at the time it is being used is—

(i)

in the case of a vessel wholly owned by–

(aa)

an individual or individuals, used only for the sport or pleasure of the owner or the immediate family or friends of the owner; or

(bb)

a body corporate, used only for sport or pleasure and on which the persons on board are employees or officers of the body corporate, or their immediate family or friends; and

(ii)

on a voyage or excursion which is one for which the owner does not receive money 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 excursion; or

(b)

any vessel wholly owned 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,

where, in the case of any vessel referred to in paragraphs (a) or (b), no other payments are made by or on behalf of users of the vessel, other than by the owner; and in this definition “immediate family” means, in relation to an individual, the spouse or civil partner of the individual, and a relative of the individual or the individual’s spouse or civil partner; and “relative” means brother, sister, ancestor or lineal descendant;

“sea” includes any estuary or arm of the sea but does not include Category A, B, C or D waters;

“sea-going” means operating outside Category A, B, C or D waters.

Textual Amendments

F1 Words in reg. 5(3)(a) substituted (19.12.2022) by The Merchant Shipping (High Speed Craft) Regulations 2022 (S.I. 2022/1219), reg. 1(1), Sch. para. 27(a) (with reg. 4(2)-(4))

Commencement Information

I1 Reg. 5 in force at 31.7.2020, see reg. 1(1)

Exemptions U.K.

6.—(1) Subject to paragraph (4), the Secretary of State may exempt from any requirement of a provision in Chapter V referred to in regulation 5 (safety of navigation requirements)—

(a) a ship which does not normally engage on international voyages but is, in exceptional circumstances, required to undertake a single international voyage;

(b) a ship engaged on a voyage where—

(i) the maximum distance of the ship from the shore;

(ii) the length and nature of the voyage;

(iii) the absence of general navigational hazards; and

(iv) other conditions affecting safety,

are such as to render compliance with those provisions unreasonable or unnecessary.

(2) Subject to paragraph (4), the Secretary of State may exempt a ship without mechanical means of propulsion from any requirement of the following provisions in Chapter V—

(a) regulation 15 (principles relating to bridge design, design and arrangement of navigational systems and equipment and bridge procedures);

(b) regulation 17 (electromagnetic compatibility);

(c) regulation 18 (approval, surveys and performance standards of navigational systems and equipment and voyage data recorder);

(d) regulation 19 (carriage requirements), except paragraph 2.1.7;

(e) regulation 20 (voyage data recorders);

(f) regulation 22 (navigation bridge visibility);

(g) regulation 24 (use of heading and/or track control systems);

(h) regulation 25 (operation of steering gear);

(i) regulation 26 (steering gear: testing and drills);

(j) regulation 27 (nautical charts and publications); and

(k) regulation 28 (records of navigational activities and daily reporting).

(3) The Secretary of State may exempt from, or waive, specified requirements of the provisions in Chapter V referred to in regulation 5 where such requirements are subject to a power to—

(a) exempt from those requirements; or

(b) waive those requirements,

in relation to a ship, or category of ship, if satisfied that the conditions prescribed by those provisions are met.

(4) An exemption under paragraph (1) or (2), or exemption or waiver under paragraph (3), may be—

(a) granted subject to such safety requirements as the Secretary of State thinks fit to ensure the overall safety of the ship; and

(b) on the giving of reasonable notice, altered or cancelled.

(5) An exemption granted under paragraph (1) or (2), or exemption or waiver granted under paragraph (3), or an alteration or cancellation under paragraph (4)(b), must—

(a) be in writing;

(b) specify the date on which it takes effect; and

(c) specify the terms, if any, on which it is given.

(6) The requirement that the exemption granted under paragraph (1) or (2), or exemption or waiver granted under paragraph (3), or an alteration or cancellation under paragraph (4)(b), be in writing is satisfied where the text of the approval is—

(a) transmitted by electronic means;

(b) received in legible form; and

(c) capable of being used for subsequent reference.

(7) Where an exemption or waiver is granted subject to safety requirements, the exemption or waiver ceases to have effect if those requirements are not complied with.

Commencement Information

I2 Reg. 6 in force at 31.7.2020, see reg. 1(1)

Equivalents U.K.

7.—(1) Where the provisions of Chapter V referred to in regulation 5 (safety of navigation requirements) require that—

(a) a particular fitting, material, appliance or apparatus be fitted on, or carried in, a ship;

(b) any particular arrangement be made on, or in relation to, a ship; or

(c) any particular provision be made in relation to a ship,

the Secretary of State may approve any other fitting, material, appliance, apparatus, arrangement or other provision if satisfied that it is at least as effective as that required by the provisions of Chapter V referred to in regulation 5.

(2) The Secretary of State may approve an equivalent of a partial or conditional nature to a ship engaged on a voyage where—

(a) the maximum distance of the ship from the shore;

(b) the length and nature of the voyage;

(c) the absence of general navigational hazards; and

(d) other conditions affecting safety,

make, in the opinion of the Secretary of State, compliance with the provisions of Chapter V referred to in regulation 5 unreasonable or unnecessary taking into account the effect such an approval may have on the safety of other ships.

(3) An approval given under paragraph (1) or (2) may, on the giving of reasonable notice, be continued, altered or cancelled.

(4) Any approval given under paragraph (1) or (2), or a continuation, alteration or cancellation under paragraph (3), must—

(a) be in writing;

(b) specify the date on which it takes effect; and

(c) specify the terms, if any, on which it is given.

(5) The requirement that the approval referred to in paragraph (1) or (2), or a continuation, alteration or cancellation in paragraph (3), be in writing is satisfied where the text of the approval is—

(a) transmitted by electronic means;

(b) received in legible form; and

(c) capable of being used for subsequent reference.

Commencement Information

I3 Reg. 7 in force at 31.7.2020, see reg. 1(1)

Approvals U.K.

8.—(1) The Secretary of State, or any person authorised by the Secretary of State, may grant an approval in relation to a United Kingdom ship for anything in Chapter V requiring to be—

(a) approved by the Administration of the State whose flag the ship is entitled to fly;

(b) done to the satisfaction of such Administration; and

(c) acceptable to that Administration(7).

(2) An approval given under paragraph (1) may, on the giving of reasonable notice, be continued, altered or cancelled.

(3) Any approval given under paragraph (1), or a continuation, alteration or cancellation under paragraph (2), must—

(a) be in writing;

(b) specify the date on which it takes effect; and

(c) specify the terms, if any, on which it is given.

(4) The requirement that the approval referred to in paragraph (1), or the continuation, alteration or cancellation under paragraph (2), be in writing is satisfied where the text of the approval is—

(a) transmitted by electronic means;

(b) received in legible form; and

(c) capable of being used for subsequent reference.

Commencement Information

I4 Reg. 8 in force at 31.7.2020, see reg. 1(1)

(1)

Regulations 21 to 30 in Chapter V comprise provisions relating to: the International Code of Signals and IAMSAR Manual (regulation 21); navigation bridge visibility (regulation 22); pilot transfer arrangements (regulation 23); use of heading and/or track control systems (regulation 24); operation of steering gear (regulation 25); steering gear: testing and drills (regulation 26); nautical charts and nautical publications (regulation 27); records of navigational activities and daily reporting (regulation 28); life-saving signals to be used by ships, aircraft or persons in distress (regulation 29); operational limitations (regulation 30).

(2)

The International Code of Signals may be obtained in copy from the International Maritime Organization of 4 Albert Embankment, London SE1 7SR or the Maritime and Coastguard Agency of Spring Place, 105 Commercial Road, Southampton SO15 1EG (telephone [phone] and email [e-mail]).

(3)

The IAMSAR Manual (or International Aeronautical and Maritime Search and Rescue Manual) may be obtained in copy from the International Maritime Organization of 4 Albert Embankment, London SE1 7SR or the Maritime and Coastguard Agency of Spring Place, 105 Commercial Road, Southampton SO15 1EG (telephone [phone] and email [e-mail]).

(4)

This requirement parallels the requirement in paragraph (b) of Rule 1 in the Convention on the International Regulations for Preventing Collisions at Sea, 1972, which gives precedence to special rules made by any person empowered by law for roadsteads, harbours, rivers, lakes or inland waterways connected with the high seas and navigable by sea-going vessels. Paragraph (b) of Rule 1 is implemented by regulation 4(1) of the Merchant Shipping (Distress Signals and Prevention of Collisions) Regulations 1996 (S.I. 1996/75). An example of the special rules is paragraph 10 of the General Directions for Navigation in the Port of London. The General Directions may be obtained in copy from the Port of London Authority, London River House, Royal Pier Road, Gravesend, Kent DA12 2BG or found on http://www.pla.co.uk/assets/generaldirectionsfornavigation2016.pdf.

(5)

Merchant Shipping Notice 1837(M) Amendment 2 is available on https://www.gov.uk/government/publications/msn-1837-m-amendment-2-categorisation-of-waters, and in hard copy from the Maritime and Coastguard Agency of Spring Place, 105 Commercial Road, Southampton SO15 1EG (telephone [phone] and email [e-mail]).

(6)

S.I. 1997/1510, to which there are amendments not relevant to these Regulations.

(7)

The circumstances in which the approval of the Secretary of State is required in relation to United Kingdom ships constructed before 1st July 2009 and engaged on international voyages and all United Kingdom ships engaged on non-international voyages are set out in Marine Guidance Note (MGN) 610 (M+F); this is available on www.gov.uk/topic/ships-cargoes/m-notices and in hard copy from the Maritime and Coastguard Agency (MCA) of Spring Place, 105 Commercial Road, Southampton SO15 1EG (telephone [phone] and email [e-mail]).