PART 2Requirements for high speed craft
Requirements in relation to high speed craft
9.—(1) Subject to paragraph (5), a high speed craft which was constructed on or after 1st January 1996 but before 1st July 2002 must comply with each requirement applicable to that craft in—
(a)the High-Speed Craft Code, 1994, and
(b)the approved standards specified in Merchant Shipping Notice 1672 (M+F) Amendment 4(1).
(2) Subject to paragraph (5), a high speed craft constructed before 1st January 1996 and to which repairs, alterations or modifications, or outfitting related to such repairs, alterations or modifications, of a major character were carried out on or after 1st January 1996, but before 1st July 2002, must comply with each requirement applicable to that craft in—
(a)the High-Speed Craft Code, 1994, but only to the extent that such repairs, alterations or modifications, or outfitting related to those repairs, alterations or modifications were carried out, and
(b)the approved standards specified in Merchant Shipping Notice 1672 (M+F) Amendment 4.
(3) Subject to paragraph (5), a high speed craft which was constructed on or after 1st July 2002 must comply with each requirement applicable to that craft in—
(a)the High-Speed Craft Code, 2000, and
(b)the approved standards specified in Merchant Shipping Notice 1672 (M+F) Amendment 4.
(4) Subject to paragraph (5), a high speed craft constructed before 1st July 2002 and to which repairs, alterations or modifications, or outfitting related to such repairs, alterations or modifications, of a major character were carried out on or after 1st July 2002, must comply with each requirement applicable to that craft in—
(a)the High-Speed Craft Code, 2000, but only to the extent that such repairs, alterations or modifications, or outfitting related to those repairs, alterations or modifications were carried out, and
(b)the approved standards specified in Merchant Shipping Notice 1672 (M+F) Amendment 4.
(5) A high speed craft is not required to comply with the applicable requirements in paragraphs (1), (2), (3) and (4) to the extent that such requirements—
(a)apply to seagoing United Kingdom high speed craft; and
(b)relate to paragraph 18.3.3 of the High-Speed Craft Code, 1994 or paragraph 18.3.3 of the High-Speed Craft Code, 2000.
(6) All equipment fitted on or carried in a high speed craft must—
(a)in relation to a United Kingdom high speed craft, unless approved in accordance with the Merchant Shipping (Marine Equipment) Regulations 2016(2), be of a type approved by the Secretary of State or any person authorised by the Secretary of State; or
(b)in relation to a non-United Kingdom high speed craft, conform to standards not inferior to those set out in Sections 1 and 3 to 5 of Annex 1 to Merchant Shipping Notice 1874 (M+F) Amendment 5(3).
Requirements in relation to persons on board a passenger craft
10.—(1) A person on board a passenger craft who—
(a)is drunk and disorderly, and
(b)has received a full refund, or an offer of a full refund, in respect of any fare paid by, or on behalf of, that person,
must, if so requested by the master or crew, leave the craft at any place in the United Kingdom at which that person can conveniently do so.
(2) A person who is on board a passenger craft must not, after being warned by the master or crew, molest or continue to molest any passenger.
(3) A person who is on board a passenger craft must not intentionally do or cause to be done anything in such a manner as to—
(a)obstruct or damage any part of the machinery or equipment of that craft; or
(b)obstruct, impede or molest the master or crew, or any of them, in the navigation or management of the craft, or otherwise in the execution of their duty on or about the craft.
Risk assessment with reference to wash
11.—(1) A risk assessment with respect to wash must be prepared in relation to a high speed craft before it proceeds or attempts to proceed to sea or on any voyage.
(2) The risk assessment required by paragraph (1) must—
(a)be carried out in accordance with generally recognised procedures for risk assessment;
(b)identify—
(i)any likely areas of potentially hazardous wash, taking into account possible operating conditions and the classification of wash as sub-critical, critical or super-critical, and
(ii)the operating restrictions necessary to reduce that potentially hazardous wash, and
(c)be documented in the route operational manual required by paragraph 18.2.2 of the High-Speed Craft Code, 1994 or paragraph 18.2.2 of the High-Speed Craft Code, 2000.
(3) In this regulation—
“wash” means the sweep of waves left behind by a moving craft, classified as sub-critical, critical or supercritical in terms of the depth Froude number Fnh = Vs/√(gh) where Fnh describes the ratio of the vessel’s speed to the wave propagation velocity in shallow water, Vs is the ship speed in metres per second, g is the acceleration due to gravity and h is the water depth in metres: for the purposes of classification “sub-critical” means Fnh<0.85, “critical” means Fnh = 0.85 to 1.15 and “supercritical” means Fnh>1.15.
Safety requirements for persons with reduced mobility
12.—(1) This regulation applies to—
(a)a high speed craft used for public transport and engaged on a voyage, in whole or in part in a sea area which begins and ends in a port in the United Kingdom; and
(b)a United Kingdom high speed craft used for public transport and engaged on a voyage, in whole or in part in a sea area which begins and ends in ports within a Member State or begins and ends within an EEA State.
(2) In complying with regulation 9, a high speed craft—
(a)constructed on or after 1st October 2004 must, where practicable, be constructed and equipped, and display signs, based on the guidelines in Annex III to the Directive;
(b)constructed before 1st October 2004 must, if undergoing modification, be constructed and equipped as respects that modification, and display signs as respects that modification, based on the guidelines in Annex III to the Directive so far as is practicable in economic terms.
(3) In applying the guidelines in Annex III to the Directive, the Secretary of State must follow the International Maritime Organization MSC/Circ 735(4), entitled ‘Recommendation on the design and operation of passenger ships to respond to elderly and disabled persons’ needs’.
(4) In this regulation—
“the Directive” means Directive 2009/45/EC of the European Parliament and of the Council of 6th May 2009 on safety rules and standards for passenger ships(5) as amended by Commission Directive 2010/36/EU of 1 June 2010 amending Directive 2009/45/EC of the European Parliament and of the Council on safety rules and standards for passenger ships(6), Commission Directive (EU) 2016/844 of 27 May 2016 amending Directive 2009/45/EC of the European Parliament and of the Council on safety rules and standards for passenger ships(7) and Directive (EU) 2017/2108 of the European Parliament and of the Council of 15 November 2017 amending Directive 2009/45/EC on safety rules and standards for passenger ships(8);
“EEA State” means a State, other than the United Kingdom, which was an EEA State immediately before IP completion day.
High Speed Craft Safety Certificate
13.—(1) A high speed craft must not proceed or attempt to proceed to sea or on any voyage unless there is a valid High Speed Craft Safety Certificate.
(2) The Secretary of State or any person authorised by the Secretary of State may issue or endorse a High Speed Craft Safety Certificate in accordance with section 1.8 of the High-Speed Craft Code, 1994 or section 1.8 of the High-Speed Craft Code, 2000.
Permit to operate
14.—(1) A high speed craft must not proceed or attempt to proceed to sea or on any voyage unless there is a valid Permit to Operate.
(2) The Secretary of State or any person authorised by the Secretary of State may issue a Permit to Operate in accordance with section 1.9 of the High-Speed Craft Code, 1994 or section 1.9 of the High-Speed Craft Code, 2000.
(3) A Permit to Operate which is issued in respect of a passenger craft must specify the maximum number of passengers which that craft is allowed to carry on board.
(4) A Permit to Operate must set out, and be subject to, the operating restrictions identified in accordance with regulation 11.
(5) The owner and master of a passenger craft must ensure that the craft does not carry more than the maximum number of passengers specified in the Permit to Operate.
Merchant Shipping Notice 1672 (M+F) Amendment 4 was published on 18th December 2020 and is available on https://assets.publishing.service.gov.uk/government/uploads/system/uploads/attachment_data/file/946254/MSN_1672_Amendment_4_-_FINAL.pdf and in hard copy from the Maritime and Coastguard Agency (MCA) of Spring Place, 105 Commercial Road, Southampton SO15 1EG (telephone 020 3817 2000 and email infoline@mcga.gov.uk).
S.I. 2016/1025, amended by S.I. 2019/470 and 2019/1304; there is another amendment which is not relevant.
Merchant Shipping Notice 1874 (M+F) Amendment 5 is available on https://www.gov.uk/government/publications/msn-1874mf-amendment-5-marine-directive-other-approval-and-standards and in hard copy from the Maritime and Coastguard Agency (MCA) of Spring Place, 105 Commercial Road, Southampton SO15 1EG (telephone 020 3817 2000 and email infoline@mcga.gov.uk).
The “Recommendation on the design and operation of passenger ships to respond to elderly and disabled persons’ needs” dated 24th June 1996 was approved by the Maritime Safety Committee of the International Maritime Organization. The Recommendation is available from the International Maritime Organization (IMO) of 4 Albert Embankment, London SE1 7SR or may be obtained in copy from the IMO or the Maritime and Coastguard Agency of Spring Place, 105 Commercial Road, Southampton SO15 1EG (telephone 020 3817 2000 and email infoline@mcga.gov.uk).
OJ L 163, 25.6.2009, p. 1.
OJ L 162, 29.6.2010, p. 1.
OJ L 141, 28.5.2016, p. 51.
OJ L 315, 30.11.2017, p. 40.