The Merchant Shipping (Inspections of Ro-Ro Passenger Ships and High-Speed Passenger Craft) Regulations 2023

Regulation 4

SCHEDULE 1 Minimum criteria for an inspector

1.—(1) The Secretary of State is satisfied that an inspector—

(a) has the appropriate theoretical knowledge and practical experience of ships and their operation, and

(b) is competent in the enforcement of the requirements of the international conventions and the relevant Paris MOU procedures.

(2) The knowledge and competence required by virtue of sub-paragraph (1) must be acquired through documented training programmes.

2.  An inspector must, as a minimum, have either—

(a) passed professional examinations from a marine or nautical institution and gained relevant seagoing experience as a certified ship officer holding or having held a valid certificate of competency issued in accordance with the provisions of the STCW Regulation II/2 or Regulation III/2, not limited as regards the operating area or propulsion power or tonnage,

(b) passed a professional examination recognised by the Secretary of State to qualify as a naval architect, mechanical engineer or any other engineer working in a maritime field and worked in that capacity for at least five years, or

(c) a relevant university degree or equivalent and have trained and qualified as a ship safety inspector.

3.  An inspector must have—

(a) completed a minimum of one year’s service authorised by the Secretary of State either dealing with surveys and certification in accordance with the international conventions or involved in the monitoring of activities of recognised organisations, or

(b) gained an equivalent level of competence by following a minimum of one year’s field training participating in port state control inspections under the guidance of experienced port state control inspectors.

4.  An inspector who meets the criteria set out in paragraph 2(a) must have gained maritime experience of at least 5 years including a period—

(a) as a deck or engine officer with at least two years experience in that role working at sea,

(b) as an inspector satisfying the requirements of paragraph 3(a), or

(c) as an assistant to a Port State Control inspector carrying out inspections.

5.  An inspector must have the ability to communicate orally and in writing with seafarers in English.

6.  The Secretary of State is satisfied that an inspector has sufficient theoretical and practical experience in maritime security including—

(a) a good understanding of maritime security and how it is applied to the operations being examined;

(b) a good working knowledge of security technologies and techniques;

(c) a knowledge of inspection principles, procedures and techniques;

(d) a working knowledge of the operations being examined.

Regulations 5(2) and (6),6(3) and (4), 7(2) and (6)

SCHEDULE 2 Pre-commencement inspections and regular inspections

Part 1 Specific requirements for ships in regular service

Interpretation

1.  In this Part, the reference to “Annex C of Marine Guidance Note 610 (M+F)(1)” includes a reference to any document amending or replacing that Annex which is considered by the Secretary of State to be relevant from time to time.

Verification of specific requirements

2.  The requirements for a ship in regular service that must be verified are—

(a) that the master—

(i) is provided with information on the availability of shore-based navigational guidance systems and other information schemes to assist the master in the safe conduct of voyages before the ro-ro passenger ship or high-speed passenger craft begins to sail, and

(ii) makes use of the navigational guidance and information schemes referred to in Annex C to Marine Guidance Note 610 (M+F);

(b) that the relevant provisions of paragraphs 2 to 6 of MSC/Circular 699 of 17 July 1995 ‘Revised guidelines for passenger safety instructions’(2) are applied;

(c) that a written table with the shipboard working arrangements is posted in a place that is easily accessible by the crew and officers, and contains—

(i) the schedule of service at sea and service in port, and

(ii) the maximum hours of work or the minimum hours of rest required for watchkeepers;

(d) that the master is not constrained from taking any decision which, in the master’s professional judgement, is necessary for safe navigation and operation, in particular in severe weather and in heavy seas;

(e) that the master keeps a record of navigational activities and incidents which are of importance to the safety of navigation;

(f) that arrangements are in place to ensure that any damage to, or permanent deflection of shell doors and associated hull plating that may affect the integrity of the ro-ro passenger ship or high-speed passenger craft, and any deficiencies in the securing arrangements of such doors—

(i) will be promptly reported to both the administration of the flag State of the ship concerned and the Maritime and Coastguard Agency; and

(ii) if applicable, where any related work to the shell doors and associated hull plating is required that this is carried out promptly and to the satisfaction of the administration of the flag State of the ship concerned and the Maritime and Coastguard Agency;

(g) that an up-to-date voyage plan is available before the departure of the ro-ro passenger ship or high-speed passenger craft on its voyage and that in preparing the voyage plan the guidelines set out in IMO Assembly Resolution A.893(21) of 25 November 1999 ‘Guidelines for voyage planning’(3) are taken fully into account;

(h) that general information about the services and assistance available to elderly and disabled persons on board is made known to such passengers and is made available in formats suitable for people with impaired sight.

Part 2 Procedures for inspections

International convention requirements

3.—(1) An inspection must ensure that the ship complies with all relevant statutory requirements, including in particular, those relating to—

(a) construction;

(b) subdivision and stability;

(c) machinery and electrical installations;

(d) loading and stability;

(e) fire protection;

(f) maximum number of passengers;

(g) life-saving appliances;

(h) the carriage of dangerous goods, and

(i) radiocommunications and navigation.

(2) An inspection must include—

(a) the starting of the emergency generator;

(b) an inspection of emergency lighting;

(c) an inspection of the emergency source of power for radio-installations;

(d) a test of the public-address system;

(e) a fire drill, including a demonstration of the ability to use firemen’s outfits;

(f) the operation of the emergency fire-pump with two firehoses connected to the fire main line in operation;

(g) the testing of the remote emergency stop controls for fuel supply to boilers, main and auxiliary engines, and for ventilation fans;

(h) the testing of remote and local controls for the closing of fire dampers;

(i) the testing of fire detection and alarm systems;

(j) the testing of proper closing of fire doors;

(k) the operation of bilge pumps;

(l) the closing of watertight bulkhead doors, both from the local and remote-control positions;

(m) a demonstration that shows that key crew members are acquainted with the damage control plan;

(n) the lowering of at least one rescue boat and one lifeboat to the water, starting and testing their propulsion and steering system, and recovering them from the water into their stowed position on board;

(o) checking that all lifeboats and rescue boats correspond to the inventory;

(p) the testing of the ship’s steering gear and auxiliary steering gear.

(3) The inspection must assess the familiarisation of crew members with, and their effectiveness in—

(a) safety procedures,

(b) emergency procedures,

(c) maintenance,

(d) working practices,

(e) passenger safety,

(f) bridge procedures, and

(g) cargo and vehicle-related operations.

(4) Seafarers’ ability to understand and, where appropriate, give orders and instructions and report back in the common working language, as recorded in the ship’s logbook, must be checked.

(5) The documented evidence that crew members have successfully followed special training must be checked, in particular with regard to—

(a) crowd-management training,

(b) familiarisation training,

(c) safety training for personnel providing direct safety assistance to passengers in passenger spaces, and in particular to elderly and disabled persons in an emergency, and

(d) crisis management and human behaviour training.

(6) The inspection must include an assessment of whether rostering patterns are causing unreasonable fatigue, particularly for watch-keeping personnel.

(7) A check of the Certificate of competency for each member of the crew serving on board the ship to ensure that the individual complies with the relevant requirements of the Merchant Shipping (Standards of Training, Certification and Watchkeeping) Regulations 2022(4).

Regulation 7(2)(b)(i)

SCHEDULE 3 Procedures for carrying out inspections during a regular service

1.  When carrying out an inspection during a regular service, the following must be checked.

Passenger information

2.  In relation to passenger information—

(a) that the number of passengers for which the ship is certified is not exceeded;

(b) that the registration of passenger information complies with the Merchant Shipping (Counting and Registration of Persons on Board Passenger Ships) Regulations 1999(5);

(c) how the information on the total number of passengers is passed to the master and, if appropriate, how passengers undertaking a double crossing without going ashore are included in the total for the return voyage.

Loading and stability information

3.  In relation to loading and stability information—

(a) that, when applicable, reliable draught gauges are fitted and are in use;

(b) that measures are taken to ensure that the ship is not overloaded and the appropriate sub-division load line is not submerged;

(c) that the loading and stability assessment is carried out based on the type and extent of loading;

(d) that goods vehicles and other cargo are weighed where required and the figures passed to the master of the ship for use in the loading and stability assessment;

(e) that damage control plans are permanently exhibited on the bridge and other areas of the ship that the company considers appropriate and that booklets containing damage control information specified in SOLAS Chapter II-2, Regulation 19, are provided for the ship’s officers.

Security for sea

4.  In relation to securing the ship for sea, that there are procedures to ensure—

(a) that the ship is secured for sea before leaving the berth, which should include a positive reporting procedure that all the shell watertight and weather-tight doors are closed;

(b) that all the vehicle deck doors—

(i) are closed before the ship leaves the berth, or

(ii) remain open long enough only to enable the bow visor to be closed;

(c) that the closing arrangements for the bow, stern and side doors, and provision of indicator lights and TV surveillance show their status on the navigating bridge;

(d) that any malfunctioning of the operation of the indicator lights of watertight doors, particularly in relation to the switches at the doors, can be ascertained and reported.

Safety announcements

5.  In relation to safety announcements—

(a) that the form of routine safety announcements and the posting of instructions and guidance on emergency procedures occurs in the language or languages appropriate to the principal nationalities of passengers carried on a particular route;

(b) that the routine safety announcement takes place at the commencement of a voyage and can be heard in all public spaces, including open decks, to which passengers have access.

Log book entries

6.  In relation to log books, that entries are being made with regard to—

(a) the closing of the bow, stern and other watertight and weather-tight doors;

(b) drills for sub-division watertight doors;

(c) the testing of steering gears, and abandon ship drills;

(d) draughts, freeboard and stability of the ship;

(e) the common working language for the crew.

Dangerous goods, polluting goods and marine pollutants

7.  In relation to dangerous goods, polluting goods or marine pollutants—

(a) that any cargo of dangerous or polluting goods is carried in accordance with the relevant statutory requirements and, in particular that a declaration concerning dangerous or polluting goods is provided together with a manifest or stowage plan to show—

(i) their location on board,

(ii) that the carriage of the particular cargo is permitted on passenger ships, and

(iii) that the dangerous or polluting goods are properly marked, labelled, stowed, secured and segregated;

(b) that vehicles carrying dangerous or polluting goods are properly placarded and secured;

(c) that, when dangerous or polluting goods are carried, a copy of the relevant manifest or stowage plan is available ashore for use by the emergency services;

(d) that the master is aware of the notification requirements under the Merchant Shipping (Vessel Traffic Monitoring and Reporting Requirements) Regulations 2004(6) and of the instructions on the emergency procedures to be followed and the rendering of first aid should there be an incident involving the dangerous or polluting goods or marine pollutants;

(e) that the means of ventilating the vehicle decks is—

(i) in use at all times, and

(ii) increased when any vehicle engines are running;

(f) that there is some form of indication on the bridge to show that the vehicle deck ventilation is in operation.

Securing freight vehicles

8.  In relation to freight vehicles, that there are documented procedures about how such vehicles are secured (for example: whether by block stow or individual lashings; whether sufficient strong points are available; what the arrangements are for securing freight vehicles when adverse weather is experienced or expected; the method of securing coaches and motor cycles, if any; whether the ship has a cargo securing manual).

Vehicle decks

9.  In relation to vehicle decks—

(a) whether special category and ro-ro cargo spaces are being continuously patrolled or monitored by a TV surveillance system so that the movement of vehicles in adverse weather and the unauthorised entry of passengers may be observed;

(b) that fire doors and entrances are kept shut and that notices are posted to keep passengers off the vehicle decks whilst the ship is at sea.

Closure of watertight doors

10.  In relation to the closure of watertight doors—

(a) that the policy laid down in the ship’s operational instructions for the sub-division watertight doors is being followed;

(b) that drills where the closure of watertight doors is required are carried out;

(c) that the bridge control for the watertight doors is kept, when possible, on ‘local’ control;

(d) that the doors are being kept closed in restricted visibility and any hazardous situation;

(e) that crews are instructed in the correct way to operate the doors and are aware of the dangers of their misuse.

Fire patrols

11.  In relation to fire patrols—

(a) that an efficient fire patrol is being maintained so that any outbreak of fire may be readily detected, but

(b) if this covers special category spaces where no fixed fire detection and alarm system is fitted, that those spaces are patrolled or monitored as indicated in paragraph 9(a).

Communications in an emergency

12.  That there are sufficient crew members in accordance with the muster list to assist passengers in an emergency and that they are readily identifiable and able to communicate with the passengers in an emergency, taking into account an appropriate and adequate combination of any of the following factors—

(a) the language or languages appropriate to the principal nationalities of passengers carried on a particular route;

(b) the likelihood that an ability to use elementary English vocabulary for basic instructions can provide a means of communicating with a passenger in need of assistance if the passenger and crew member do not share a common language;

(c) the possible need to communicate during an emergency by other means when verbal communication is impractical;

(d) whether complete safety instructions have been provided to passengers in their native language or languages;

(e) the languages in which emergency announcements may be broadcast during an emergency or drill to convey critical guidance to passengers and to facilitate crew members in assisting passengers.

Common working language between crew members

13.  That a working language has been established to ensure effective crew performance in safety matters and that this working language is recorded in the ship’s logbook.

Safety equipment

14.  In relation to safety equipment—

(a) that the life-saving and fire appliances, including the fire doors and other items of the structural fire protection that can be readily inspected, are being maintained;

(b) that fire control plans are permanently exhibited or booklets containing the equivalent information are provided on the bridge and other areas of the ship that the company considers appropriate for the information of the ship’s officers;

(c) that the stowage of the lifejackets is appropriate and that the stowage of children’s lifejackets may be readily identified;

(d) that the loading of vehicles does not prevent the operation of the fire controls, emergency shut-offs, controls for the storm valves, or any other emergency control functions that may be located on the vehicle decks.

Navigational and radio equipment

15.  That the navigational and radio communications equipment, including emergency position-indicating radio beacons (EPIRBs), are operational.

Supplementary emergency lighting

16.  That supplementary emergency lighting is fitted, when required by the relevant statutory requirements, and that a record of deficiencies is being kept.

Means of escape

17.  In relation to means of escape—

(a) that means of escape, including escape routes, are marked, in accordance with the relevant statutory requirements, and lighted, from both the main and emergency sources of power;

(b) that measures are taken to keep vehicles clear of escape routes where those escape routes cross or pass through vehicle decks;

(c) that exits, particularly exits from duty free shops, which may become blocked by an excess of goods, are kept clear.

Engine room cleanliness

18.  That the engine room is maintained in a clean condition in accordance with the planned maintenance requirements.

Garbage disposal

19.  That the arrangements for the handling and disposal of garbage are satisfactory.

Planned maintenance

20.  In relation to planned maintenance—

(a) that the company has specific standing orders, with a planned maintenance system, for all safety related areas including bow and stern doors and side openings, together with their closing arrangements, but also covering engine room maintenance and safety equipment;

(b) that there are plans in place for periodically checking all items so as to maintain safety standards at the highest level;

(c) that there are procedures in place for recording deficiencies and confirming that they have been properly rectified within a time specified commensurate with the severity of the defect so that the master and the designated person ashore within the company management structure can both be made aware of the deficiencies and are notified when those deficiencies have been rectified;

(d) that periodic checking of the operation of the inner and outer bow door closing arrangements includes the indicators, surveillance equipment and any scuppers in the spaces between the bow visor and the inner door and especially the closing mechanisms and their associated hydraulic systems.

Making a voyage

21.  When making a voyage the opportunity must be taken to check overcrowding, including the availability of seats and the blocking of passageways, stairs and emergency exits by baggage and by passengers unable to find seats. The vehicle deck must be checked to ensure that it is vacated by passengers before the ship sails and that they do not again have access until immediately prior to docking.

Regulation 9(a)

SCHEDULE 4 Inspection report

The inspection report must contain at least the following items.

1.  General—

(a) date and place of the inspection;

(b) name of the ship inspected;

(c) flag State;

(d) type of ship, as indicated in the Safety Management Certificate;

(e) IMO number;

(f) the ship’s call sign;

(g) gross tonnage;

(h) year of construction as determined on the basis of the date indicated in the ship’s safety certificates;

(i) the name of each classification society(7) and, where relevant any other organisation, which may have issued a classification certificate in respect of the ship;

(j) the name of the recognised organisation and any other party by whom certificates have been issued on behalf of the flag State, in respect of the ship, in accordance with the applicable international conventions

(k) name and address of the ship’s company;

(l) name and address of the charterer responsible for the selection of the ship and type of charter in the case of ships carrying liquid or solid cargoes in bulk;

(m) final date of writing the inspection report;

(n) indication that specific information on an inspection or a detention may be subject to publication.

2.  Information relating to inspection—

(a) details of certificates issued in application of the relevant international conventions and of the authority or organisation that issued each certificate, including the date of issue and expiry;

(b) port and date of the last intermediate, annual or renewal survey as defined in section 2 of Annex 4 to the HSSC and the name of the organisation which carried out the survey;

(c) nature of the deficiencies;

(d) measures taken.

3.  Additional information in the event of detention—

(a) date of the prohibition of departure notice;

(b) nature of the deficiencies warranting the prohibition of departure notice, with references to the international conventions, if relevant;

(c) indication, where relevant, of whether the recognised organisation or any other private body that carried out the survey has a responsibility in relation to the deficiency which alone, or in combination with any other deficiency, led to detention;

(d) measures taken.

Regulation 11(2)

SCHEDULE 5 Consequential amendments

The Merchant Shipping (Passenger Ships on Domestic Voyages) Regulations 2000

1.  For regulation 7B(2)(b) of the Merchant Shipping (Passenger Ships on Domestic Voyages) Regulations 2000(8), substitute—

“(b) that ship has been inspected in accordance with the Merchant Shipping (Inspections of Ro-Ro Passenger Ships and High-Speed Passenger Craft) Regulations 2023,”.

The Merchant Shipping (Updating of References to Maritime Conventions) Regulations 2004

2.  In the Merchant Shipping (Updating of References to Maritime Conventions) Regulations 2004(9), omit regulation 7.

The Merchant Shipping (Ro-Ro Passenger Ships) (Stability) Regulations 2004

3.  For regulation 7(2)(b) of the Merchant Shipping (Ro-Ro Passenger Ships) (Stability) Regulations 2004(10), substitute—

“(b) that ship or craft has been inspected in accordance with the Merchant Shipping (Inspections of Ro-Ro Passenger Ships and High-Speed Passenger Craft) Regulations 2023,”.

The Merchant Shipping (Fees) Regulations 2018

4.  In Schedule 1, Part 1 of the Merchant Shipping (Fees) Regulations 2018(11)—

(a) in paragraph 2(1)(f), for “prevention of operation notice in accordance with regulation 9 of the Merchant Shipping (Mandatory Surveys for Ro-Ro Ferry and High Speed Passenger Craft) Regulations 2001” substitute “prohibition of departure notice issued in accordance with regulation 8 of the Merchant Shipping (Inspections of Ro-Ro Passenger Ships and High-Speed Passenger Craft) Regulations 2023”;

(b) in the table in paragraph 5, in Section L (survey and certification), omit the entry in the first, second and third column in relation to “the Merchant Shipping (Mandatory Surveys for Ro-Ro Ferry and High Speed Passenger Craft) Regulations 2001”;

(c) after the entry for the Merchant Shipping (Polar Code) (Safety) Regulations 2021, insert—

(i) in the first column, “The Merchant Shipping (Inspections of Ro-Ro Passenger Ships and High-Speed Passenger Craft) Regulations 2023”;

(ii) in the second column, “2023/984”; and

(iii) in the third column, “None”.

(1)

MGN 610 (M+F) Navigation: SOLAS Chapter V – Guidance on the Merchant Shipping (Safety of Navigation) Regulations 2020 (S.I. 2020/673). This guidance is produced by the Maritime and Coastguard Agency and may be obtained in copy from the Maritime and Coastguard Agency, Spring Place, 105 Commercial Road, Southampton SO15 1EG, and on https://assets.publishing.service.gov.uk/government/uploads/system/uploads/attachment_data/file/904612/MGN_610_2020.pdf.

(2)

MSC/Circular.699, adopted by the Maritime Safety Committee of the International Maritime Organization on 17 July 1995. The Circular may be obtained in copy from the International Maritime Organization of 4 Albert Embankment, London SE1 7SR and on https://www.imorules.com/MSCCIRC_699.html.

(3)

The guidelines may be obtained in copy from the International Maritime Organization of 4 Albert Embankment, London SE1 7SR and on https://wwwcdn.imo.org/localresources/en/KnowledgeCentre/IndexofIMOResolutions/AssemblyDocuments/A.893(21).pdf.

(4)

S.I. 2022/1342.

(5)

S.I. 1999/1869, amended by S.I. 2010/680, 2010/1075, 2011/1043, 2019/649, 2021/81, 2022/1219.

(6)

S.I. 2004/2110, amended by S.1. 2005/1092, 2008/3145, 2011/2616, 2014/3306, 2018/68, 2018/1221, 2019/42, 2020/673.

(7)

More information about UK classification societies can be found from the website: (https://www.gov.uk/guidance/uk-authorised-recognised-organisations-ros).

(8)

S.I. 2000/2687. Regulation 7B was inserted by S.I. 2004/2883, there are other amending instruments but none is relevant.

(9)

S.I. 2004/1266.

(10)

S.I. 2004/2884, to which there are amendments not relevant to these Regulations.

(11)

S.I. 2018/1104, to which there are amendments not relevant to these Regulations.