4.—(1) Subject to paragraphs (2) and (3), these Regulations apply to every high speed craft which—
(a)is a United Kingdom high speed craft, wherever it may be, or a non-United Kingdom high speed craft while it is within United Kingdom waters;
(b)was constructed—
(i)on or after 1st January 1996; or
(ii)before 1st January 1996 and to which repairs, alterations or modifications, or outfitting of a major character are made on or after 1st January 1996; and
(c)is—
(i)a passenger craft which does not proceed in the course of its voyage more than 4 hours at operational speed from a place of refuge when fully laden,
(ii)a craft which is carrying passengers for hire or reward which is not a passenger craft and which does not proceed in the course of its voyage more than 4 hours at operational speed from a place of refuge when fully laden,
(iii)a cargo craft of 500 gross tonnage or more which does not proceed in the course of its voyage more than 8 hours at operational speed from a place of refuge when fully laden, or
(iv)a cargo craft of less than 500 gross tonnage which is carrying cargo for hire or reward and which does not proceed in the course of its voyage more than 8 hours at operational speed from a place of refuge when fully laden.
(2) These Regulations do not apply to—
(a)a warship or a naval auxiliary;
(b)a craft owned or operated by a State and engaged only on governmental non-commercial service;
(c)a craft not propelled by mechanical means;
(d)a wooden craft of primitive build;
(e)a pleasure craft;
(f)a fishing craft;
(g)a craft solely navigating the Great Lakes of North America and the River St Lawrence as far east as a straight line drawn from Cap des Rosiers to West Point, Anticosti Island and, on the north side of Anticosti Island, the 63rd meridian;
(h)a craft which has been examined, and in respect of which a certificate has been issued, in accordance with a Code of Practice referred to in regulations 4 or 5 of the Merchant Shipping (Vessels in Commercial Use for Sport or Pleasure) Regulations 1998(1);
(i)a craft which has been examined, and in respect of which a certificate has been issued, in accordance with [F1the Workboat Code Edition 3 referred to in regulation 3(1) of the Merchant Shipping (Small Workboats and Pilot Boats) Regulations 2023];
(j)a craft to which the Merchant Shipping (High Speed Offshore Service Craft) Regulations 2022 apply(2);
(k)a passenger craft engaged on domestic voyages in sea areas B, C or D when—
(i)the displacement of that craft corresponding to the design waterline is less than 500m3; and
(ii)the maximum speed of that craft, as defined in paragraph 1.4.30 of the High-Speed Craft Code, 1994 or where applicable, paragraph 1.4.38 of the High-Speed Craft Code, 2000, is less than 20 knots.
(3) A non-United Kingdom high speed craft flying the flag of a State which is not a party to the Convention is not subject to these Regulations if it would not have been in United Kingdom waters but for stress of weather or any other circumstances which neither the master nor the owner or the charterer could have prevented.
(4) Where persons are on board a craft as a consequence of—
(a)the circumstances described in paragraph (3); or
(b)an obligation laid upon the master to carry shipwrecked or other persons(3),
those persons are not to be taken into account for the purpose of determining the application to that craft of any provision of these Regulations.
Textual Amendments
F1Words in reg. 4(2)(i) substituted (13.12.2023) by The Merchant Shipping (Small Workboats and Pilot Boats) Regulations 2023 (S.I. 2023/1216), reg. 1(1), Sch. 2 para. 5(2) (with regs. 4, 6)
Commencement Information
I1Reg. 4 in force at 19.12.2022, see reg. 1(1)
S.I. 1998/2771, amended by S.I. 2000/482, 2005/2114, 2014/1614, 2016/353, 2018/242, 2018/1221 and 2020/673. The expression “Code of Practice” is defined in regulations 4(1A) and 5(2) respectively.
Regulation 33 of Chapter V in the Annex to the Convention places an obligation on the master to provide assistance to persons in distress at sea and this obligation is implemented in the Merchant Shipping (Safety of Navigation) Regulations 2020 (S.I. 2020/673).