Citation and commencement

1. —(1) These Regulations may be cited as the Merchant Shipping (Technical Requirements for Inland Waterway Vessels) Regulations 2010.

(2) These Regulations come into force on 20th April 2010.

Interpretation

2. —(1) In these Regulations—

“ Directive (EU) 2016/1629 ” means Directive (EU) 2016/1629 of the European Parliament and of the Council of 14th September 2016 laying down technical requirements for inland waterway vessels, amending Directive 2009/100/EC and repealing Directive 2006/87/EC ,

“flag state”, in relation to a vessel, means the state whose flag the vessel is entitled to fly,

“ Government ship ” means a Government ship within the meaning of section 308(4) of the Merchant Shipping Act 1995 which is ordinarily engaged in commercial maritime operations,

“ inspector ” means a person mentioned in paragraph (a), (b) or (c) of section 258(1) of the Merchant Shipping Act 1995 ,

“ MCA ” means the Maritime and Coastguard Agency, an executive agency of the Department for Transport,

“ Merchant Shipping Notice ” means a notice described as such and issued by the MCA, and a reference to a Merchant Shipping Notice includes a reference to a Merchant Shipping Notice, amending or replacing such a Notice, which is stated to be considered by the Secretary of State to be relevant from time to time,

“ passenger ” means any person carried in a vessel other than the master, a member of the crew, any other person employed or engaged in any capacity on board the vessel or on the business of the vessel or a child under one year of age,

“passenger vessel” means a day trip or cabin vessel constructed and equipped to carry more than 12 passengers,

“ relevant Convention Certificates ” means all of the following certificates—

“ ship surveyor ” means a person who is appointed as a surveyor of ships under section 256(2) of the Merchant Shipping Act 1995;

“technical requirements of Annex II” means the technical requirements contained in ES-TRIN standard 2019/1 as referred to in Annex II to Directive (EU) 2016/1629 and as set out in Merchant Shipping Notice MSN 1880(M) Amendment 1 —

“technical requirements of Annex V” means the technical requirements of Annex V to Directive (EU) 2016/1629 as set out in Merchant Shipping Notice MSN 1881(M), and

“ vessel ” includes a hydrofoil boat, a hovercraft and a submersible.

(2) In these Regulations—

(a) a reference to a waterway which is—

(i) a Zone 1, 2 or 3 waterway is a reference to such a waterway as so classified by Article 4.1(a)(i) or (ii) of Directive (EU) 2016/1629 ,

(ii) a Zone 4 waterway is a reference to a waterway of category A (as categorised in Merchant Shipping Notice MSN 1837(M), Amendment 2),

(b) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(c) expressions used in regulation 3(4) and Schedule 1 and in Directive 2009/100/EC have the same meaning as in that Directive,

(d) subject to paragraph (1) and to sub-paragraphs (a) to (c) of this paragraph, other expressions used in these Regulations and in Directive Directive (EU) 2016/1629 have the same meaning as in that Directive.

(3) For the purposes of these Regulations, a vessel is laid down on the date on which its keel is laid, or on which the vessel is at a stage of construction at which—

(a) construction identifiable with a specific vessel has begun, or

(b) assembly of that vessel has incorporated at least 50 tonnes of structural material or one per cent of the estimated mass of all structural material, whichever is less.

Application

3. —(1) Subject to paragraph (2), these Regulations, apart from regulation 11 and Schedule 1, apply to the following vessels, including Government ships, operating on any waterway in the United Kingdom which is a Zone 1, 2, 3 or 4 waterway—

(a) tugs and pushers intended—

(i) for towing or pushing vessels to which sub-paragraph (d) applies, or for moving such vessels alongside, or

(ii) for towing or pushing floating equipment, or for moving such equipment alongside,

(b) passenger vessels,

(c) floating equipment, and

(d) any other vessel—

(i) having a length (L) of 20 metres or more, or

(ii) for which the product of length (L), breadth (B) and draught (T) is a volume of 100m ³ or more.

(2) These Regulations do not apply to—

(a) ferries,

(b) naval vessels,

(c) sea-going vessels, including sea-going tugs and pusher craft, which—

(i) operate or are based on tidal waters, but

(ii) operate temporarily on inland waterways and carry the relevant certificates.

(3) The relevant certificates referred to in paragraph (2) are—

(a) the relevant Convention Certificates,

(b) in the case of a passenger vessel which does not hold all the relevant Convention Certificates—

(i) a Passenger Certificate appropriate to the class of passengership;

(ii) a PassengerShip Safety Certificate; or

(iii) a short international voyage PassengerShip Safety Certificate issued pursuant to the Merchant Shipping (Survey and Certification) Regulations 2015; or

(iv) a certificate on safety rules and standards for passengerships issued by an EEA State in conformity with Directive 2009/45/EC of the European Parliament and of the Council on safety rules and standards for passengerships as it has effect in EU law,

(c) in the case of a recreational craft which does not hold all the relevant Convention Certificates, a certificate of the State of which the vessel carries the flag ; or

(d) in the case of a seagoing vessel which does not hold all the relevant Convention Certificates, the relevant certificates and the freeboard marks required by the law of its flag state

(4) Regulation 11 and Schedule 1 apply to vessels, used for goods transport on any inland waterway in the United Kingdom, which have a total dead weight of 20 tonnes or more and—

(a) a length (L) of less than 20 metres, or

(b) for which the product of length (L), breadth (B) and draught (T) is less than 100m ³ .

Exemptions: vessels operating on waterways not linked to other Member States

4. —(1) The Secretary of State may grant exemption from some or all of the requirements of these Regulations (other than regulation 11 and Schedule 1) for—

(a) vessels ... and floating equipment operating on waterways in the United Kingdom not linked by inland waterway to the waterways of a member State ...,

(b) vessels having a dead weight not exceeding 350 tonnes or vessels not intended for the carriage of goods and having a water displacement of less than 100m ³ , which were laid down before 1st January 1950 and operate exclusively on waterways in the United Kingdom.

(2) An exemption granted in accordance with paragraph (1) may be given on such terms (if any) as the Secretary of State may specify.

(3) The Secretary of State may, subject to giving reasonable notice, alter or cancel any such exemption.

Exemptions: limited journeys of local interest or in harbour areas

5. —(1) The Secretary of State may, on application made by the owner or master of a vessel, grant exemption from some or all of the requirements of these Regulations (other than regulation 11 and Schedule 1) for that vessel in respect of limited journeys of local interest or in harbour areas.

(2) An exemption granted in accordance with paragraph (1) may be given on such terms (if any) as the Secretary of State may so specify, and is valid only if it—

(a) specifies the extent of the exemption from the requirements of these Regulations and the circumstances in which the exemption applies, and

(b) is specified on the vessel's Union inland navigation certificate or supplementary Union inland navigation certificate (as appropriate).

(3) The Secretary of State may, subject to giving reasonable notice, alter or cancel any such exemption.

Obligation to carry a certificate

6.—(1) A vessel operating on a Zone 1, 2, 3 or 4 waterway must carry—

(a) a valid Union inland navigation certificate which attests compliance with the technical requirements of Annex II and the technical requirements of Annex V, or

(b) a valid certificate issued pursuant to Article 22 of the Revised Convention for Rhine Navigation.

(2) In addition to the certificates referred to in paragraph (1), a valid supplementary Union inland navigation certificate which attests compliance with the relevant additional United Kingdom technical requirements set out in paragraph (3) must be carried by—

(a) vessels operating on Zone 1 and 2 waterways, and

(b) passenger vessels operating on Zone 3 waterways.

(3) The relevant additional United Kingdom technical requirements referred to in paragraph (2) are—

(a) for vessels operating on Zone 1 and 2 waterways those—

(i) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(ii) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(iii) specified in Merchant Shipping Notice MSN 1879(M) Amendment 1 ,

(b) for passenger vessels operating on Zone 3 waterways those—

(i) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(ii) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(iii) specified in Merchant Shipping Notice MSN 1879(M) Amendment 1 .

Reduced requirements for vessels operating only on Zone 4 waterways

7. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Vessels carrying Rhine Navigation Certificates

8. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Union inland navigation certificates and supplementary Union inland navigation certificates

9.—(1) A valid Union inland navigation certificate is a certificate—

(a) in the form set out in section I of Annex 3 to ES-TRIN standard 2019/1 as set out in Merchant Shipping Notice MSN 1880(M) Amendment 1, and

(b) issued by a competent authority of an EEA State in accordance with Directive (EU) 2016/1629 as it has effect in EU law in respect of the waterway concerned.

(2) A valid supplementary Union inland navigation certificate is a certificate—

(a) in the form set out in section III of Annex 3 to ES-TRIN standard 2019/1 as set out in Merchant Shipping Notice MSN 1880(M) Amendment 1, and

(b) issued by a competent authority of an EEA State in accordance with Directive (EU) 2016/1629 as it has effect in EU law in respect of the waterway concerned.

(3) A valid supplementary Union inland navigation certificate must specify the additional technical requirements adopted, maintained, notified or amended in accordance with Article 23(1), (2) and (5) of Directive (EU) 2016/1629 as it has effect in EU law .

Recognition of navigability certificates of third countries

10. The Secretary of State may in a Merchant Shipping Notice—

(a) specify navigability certificates issued in relation to vessels which are entitled to fly the flag of a State which is not an EEA State,

(b) specify that a vessel operating on a Zone 1, 2, 3 or 4 waterway which is carrying a certificate which has been so specified is to be treated for the purposes of these Regulations as though it were carrying a valid supplementary Union inland navigation certificate which attests compliance with technical requirements as specified in that Merchant Shipping Notice.

Recognition of navigability licences

11. Schedule 1 has effect as respects recognition of navigability licences.

Inspection and remedial measures

12.—(1) An inspector may check at any time whether a vessel to which these Regulations apply—

(a) is carrying—

(i) a valid Union inland navigation certificate and, in the relevant circumstances, a valid supplementary Union inland navigation certificate, or

(ii) a valid certificate issued pursuant to Article 22 of the Revised Convention for Rhine Navigation and, in the relevant circumstances, a valid supplementary Union inland navigation certificate,

(b) satisfies the requirements set out in such a certificate or certificates,

(c) constitutes a manifest danger for the persons on board, the environment or the navigation.

(1A) The relevant circumstances referred to in paragraph (1)(a) are that the vessel is—

(a) operating on Zone 1 and 2 waterways, or

(b) a passenger vessel operating on Zone 3 waterways.

(2) Paragraph (3) applies where, following an inspection under paragraph (1), the inspector notifies the owner of the vessel, or the owner's representative, that the inspector—

(a) has found that a certificate required by these Regulations to be carried on board the vessel is invalid, or

(b) considers that the vessel does not satisfy the requirements set out in the certificate,

but considers that such invalidity or failure does not constitute a manifest danger for the persons on board, the environment or the navigation.

(3) Where this paragraph applies—

(a) the owner of the vessel or the owner's representative must take all necessary measures to remedy the situation, and

(b) within seven days beginning with the date of being notified as set out in paragraph (2), the person notified by the inspector as set out in paragraph (2) must inform the authority which issued or last renewed the certificate of that notification.

(4) Paragraph (5) applies where, following an inspection under paragraph (1), the inspector notifies the owner of the vessel, or the owner's representative, that the inspector—

(a) has found that a certificate required by these Regulations to be carried on board the vessel is not being carried, or

(b) that the vessel constitutes a manifest danger for the persons on board, the environment or the navigation.

(5) Where this paragraph applies—

(a) a ship surveyor—

(i) may prevent the vessel from proceeding until the necessary steps have been taken to remedy the situation, or

(ii) may prescribe measures which will enable the vessel to proceed safely, where appropriate on termination of its transport operations, to a place where it will be either inspected or repaired, and

(b) within seven days beginning with the date of being notified as set out in paragraph (4), the person notified by the inspector as set out in paragraph (4) must inform the authority which issued or last renewed the certificate of that notification.

(6) Where a ship surveyor has prescribed measures in accordance with paragraph (5)(a)(ii), the vessel must not proceed (or, where appropriate, must not proceed after termination of its transport operations) except in accordance with the prescribed measures.

(7) Where a ship surveyor has prevented a vessel from proceeding, or has notified the owner of the vessel, or the owner's representative, of an intention to do so if the defects found are not corrected—

(a) the Secretary of State must inform the authority in the EEA State which issued or last renewed the certificate, within seven days, of the decision which has been taken or which it is intended will be taken,

(b) section 264 of the Merchant Shipping Act 1995 (references of notices to arbitration) applies to the decision of the ship surveyor as though it were an improvement notice issued under section 261(2)(a) of that Act, and

(c) without delay, the ship surveyor must notify the owner of the vessel, or the owner's representative (as appropriate) of the arbitration procedure available to that person under sub-paragraph (b), and of the time limits for that arbitration procedure.

Offences and penalties

13. —(1) The owner and master of a vessel are guilty of an offence if the vessel—

(a) operates in contravention of these Regulations,

(b) while operating under an exemption granted under these Regulations, fails to comply with any terms subject to which that exemption was granted, or

(c) proceeds or attempts to proceed in contravention of regulation 12(5)(a)(i) or (6).

(2) A failure to comply with regulation 12(3)(a) is an offence by the owner or owner's representative, as the case may be.

(3) A failure to comply with regulation 12(3)(b) or (5)(b) is an offence by the person notified as set out in regulation 12(2) or (4) (as appropriate).

(4) A person guilty of an offence under paragraph (1) or (2) is liable—

(a) on summary conviction to a fine of an amount not exceeding the statutory maximum, or

(b) on conviction on indictment to imprisonment for a term not exceeding two years or to a fine or to both.

(5) A person guilty of an offence under paragraph (3) is liable on summary conviction to a fine of an amount not exceeding level 3 on the standard scale.

(6) In any proceedings for an offence under this regulation it is a defence for the person charged to show that all reasonable steps had been taken by that person to ensure compliance with the relevant provision of these Regulations.

(7) Where an offence under this regulation is committed, or would be committed but for the operation of paragraph (6), by any person due to the act or default of some other person, that other person is also guilty of the offence; and a person may be charged with and convicted of an offence by virtue of this paragraph whether or not proceedings are taken against the first mentioned person.

Amendment of Regulations

14. The Regulations specified in column 1 of Schedule 2 are amended to the extent specified in column 2.

Transitional provision

15.—(1) A Community inland navigation certificate or supplementary Community inland navigation certificate issued in accordance with Directive 2006/87/EC before 6th October 2018 shall remain valid until it expires.

(2) In this regulation, “ Directive 2006/87/EC ” means Directive 2006/87/EC dated 12th December 2006 of the European Parliament and of the Council laying down technical requirements for inland waterway vessels and repealing Council Directive 82/714/EEC , as amended by—

(a) Directive 2006/137/EC dated 18th December 2006 of the European Parliament and of the Council amending Directive 2006/87/EC laying down technical requirements for inland waterway vessels,

(b) Directive 2008/59/EC dated 12th June 2008 of the European Parliament and of the Council adapting Directive 2006/87/EC of the European Parliament and of the Council laying down technical requirements for inland waterway vessels, by reason of the accession of the Republic of Bulgaria and Romania,

(c) Directive 2008/68/EC dated 24th December 2008 of the European Parliament and of the Council on the inland transport of dangerous goods, and

(d) Commission Directive 2008/87/EC dated 22nd September 2008, Commission Directive 2008/126/EC dated 19th December 2008 and Commission Directive 2009/46/EC dated 24th April 2009, each amending Directive 2006/87/EC of the European Parliament and of the Council laying down technical requirements for inland waterway vessels.

Regulation 11

SCHEDULE 1 Recognition of navigability licences

Definition of “navigability licence”

1. In this Schedule “ navigability licence ” means—

(a) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(b) a licence issued by an EEA State which is—

(i) a navigability licence issued in accordance with Article 2 of Directive 2009/100/EC as it has effect in EU law ,

(ii) a certificate issued pursuant to the Rhine Vessel Inspection Regulations as referred to in Article 1 of Directive 2009/100/EC as it has effect in EU law , or

(iii) in the case of a vessel carrying dangerous goods as defined in the European Agreement concerning the International Carriage of Dangerous Goods by Inland Waterways as referred to in Article 1 of Directive 2009/100/EC as it has effect in EU law , an authorisation in accordance with the requirements laid down in that Agreement.

Recognition of navigability licences issued by other member States

2. Subject to paragraph 3, where a navigability licence has been issued to a vessel by an EEA State ... and that licence is still valid, the vessel may operate on any inland waterway in the United Kingdom ...

Inspection of vessels issued with navigability licences

3. —(1) A ship surveyor may interrupt the passage of a vessel which has been issued with a navigability licence if an inspector has found on inspection that—

(a) the vessel is in a condition which constitutes a danger to the surroundings, or

(b) the vessel or its equipment does not satisfy the requirements set out in the navigability licence.

(2) A ship surveyor who decides to interrupt the passage of a vessel under paragraph (1) must notify the master or owner of the vessel, or the owner's representative, of—

(a) the decision and the detailed reasons on which that decision is based,

(b) the remedies available to the master, owner or owner's representative, as specified in a Merchant Shipping Notice, and

(c) the time limits for the pursuit of those remedies.

(3) Where a ship surveyor has interrupted the passage of a vessel in accordance with paragraph (1), the MCA must notify the competent authority of the member State where the navigability licence was issued of the reasons for that decision.

(4) The interruption of the passage of a vessel in accordance with paragraph (1) must not continue after the defects in the vessel have been corrected or the vessel or its equipment has been brought into compliance with the requirements set out in the navigability licence.

Regulation 14

SCHEDULE 2 Amendment of Regulations