The Merchant Shipping (Standards of Training, Certification and Watchkeeping) Regulations 2022

Exemptions

35.—(1) Except where paragraph (5), (6) or (7) applies, the Secretary of State may exempt a seafarer from the requirements of this Part provided that the Secretary of State is satisfied that—

(a) in the case of a master or chief engineer officer—

(i) circumstances of force majeure exist; and

(ii) the conditions specified in paragraph (2) are met;

(b) in the case of a radio operator—

(i) the conditions specified in paragraph (2) are met; and

(ii) the relevant requirements of the Radio Regulations are met;

(c) in the case of any other category of seafarer, the conditions in paragraph (2) are met.

(2) The conditions referred to in paragraph (1) are—

(a) an exemption is necessary and does not pose a danger to persons, property or the marine environment;

(b) the seafarer is adequately qualified to fill the vacant post in a safe manner; and

(c) the seafarer is—

(i) properly certificated to fill the post immediately below that which the seafarer now performs; or

(ii) where certification of the post immediately below is not required by these Regulations, the qualification and experience of the seafarer are of clear equivalence to the requirements for the post to be filled and the seafarer passes a test accepted by the Secretary of State as demonstrating that an exemption may safely be issued.

(3) The Secretary of State must specify the duration of an exemption and the duration must be—

(a) in the case of a master or chief engineer officer, the shortest possible period; and

(b) in the case of another category of seafarer, a period not exceeding six months.

(4) In exercising the function specified in paragraph (3), the Secretary of State must ensure that the post in question is filled by the holder of an appropriate certificate as soon as possible.

(5) The Secretary of State may exempt the master and the officer in charge of a navigational watch from the requirements of STCW Regulation II/3 (mandatory minimum requirements for certification of officers in charge of a navigational watch and of masters on ships of less than 500 GT) if satisfied that—

(a) the ship’s size and conditions of the ship’s voyage are such as to render the application of the full requirements of STCW Regulation II/3 unreasonable or impracticable; and

(b) the exemption does not pose a danger to other ships operating in the same waters.

(6) Subject to the conditions in paragraph (8), the Secretary of State may exempt seafarers on board ships of less than 500 GT which are not passenger ships from the requirements of regulations 15 or 16 (training requirements for seafarers on a ship subject to the IGF Code).

(7) Subject to the conditions in paragraph (8), the Secretary of State may exempt seafarers on board—

(a) passenger ships engaged on voyages that are not international voyages;

(b) passenger ships of less than 500 GT engaged on international voyages; and

(c) ships which are not passenger ships, except tankers,

from the requirements of regulation 27 (safety familiarisation, basic training and instruction for all seafarers).

(8) The conditions referred to in paragraphs (6) and (7) are that—

(a) the Secretary of State is satisfied that the ship’s size and length or character of the ship’s voyage are such as to render the application of the full requirements of regulation 15, 16 or 27 unreasonable or impracticable; and

(b) the Secretary of State is satisfied that the exemption does not pose a danger to persons on board, the ship and property, or the marine environment.

(9) An exemption under this regulation may be granted subject to such additional terms as the Secretary of State may consider appropriate.

(10) The Secretary of State may alter or cancel any exemption granted under this regulation.

(11) An exemption granted under paragraph (1), (5), (6) or (7), or an alteration or cancellation under paragraph (10), 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.

(12) The requirement that an exemption granted under paragraph (1), (5), (6) or (7), or an alteration or cancellation under paragraph (10), must be in writing is satisfied where the text of the exemption, alteration or cancellation is—

(a) transmitted by electronic means;

(b) received in legible form; and

(c) capable of being used for subsequent reference.