Statutory Instruments
2015 No. 410
Merchant Shipping
Safety
The Merchant Shipping (Boatmasters' Qualifications, Crew and Hours of Work) Regulations 2015
Made
26th February 2015
Laid before Parliament
4th March 2015
Coming into force
4th April 2015
The Secretary of State for Transport is a Minister designated for the purposes of section 2(2) of the European Communities Act 1972 in relation to measures relating to the safety of ships and the health and safety of persons on them, to recognition of higher education diplomas, formal qualifications, or experience in the occupation, required for the pursuit of professions or occupations and to navigation on inland waterways.
The Secretary of State, in exercise of the powers conferred by sections 47(1) and (3) to (4B), 85(1), (3) and (5) to (7), 86(1) and (2), 302(1) and 307(1) of the Merchant Shipping Act 1995 (“ the Act ”) and by section 2(2) of the European Communities Act 1972, makes the following Regulations.
The Secretary of State is satisfied, for the purposes of section 47(2) of the Act, that it is necessary or expedient in the interests of safety to make the Regulations in so far as they specify standards of competence to be attained and other conditions to be satisfied by officers and other seamen.
The Secretary of State, in so far as the Regulations are safety regulations , has consulted the persons referred to in section 86(4) of the Act and, in so far as the Regulations are made under section 47 of the Act, has consulted with the organisations referred to in section 306(4) of the Act .
The consent of the Treasury has been given, in so far as the Regulations are made under section 302(1) of the Act.
PART 1 INTRODUCTORY PROVISIONS
Citation and commencement
1. These Regulations may be cited as the Merchant Shipping (Boatmasters' Qualifications, Crew and Hours of Work) Regulations 2015 and come into force on 4th April 2015.
Revocations
2. The following Regulations are revoked—
(a) the Merchant Shipping (Inland Waterway and Limited Coastal Operations) (Boatmasters' Qualifications and Hours of Work) Regulations 2006 ; and
(b) the Merchant Shipping (Local Passenger Vessels) (Crew) Regulations 2006 .
Amendments to the Merchant Shipping (Fees) Regulations 2006
3. —(1)The Merchant Shipping (Fees) Regulations 2006 are amended as follows.
(2) In Part 5 of Schedule 1 (Boatmasters' Licences and Certificates)—
(a) omit paragraph (a);
(b) in paragraph (b) substitute “the Merchant Shipping (Boatmasters' Qualifications, Crew and Hours of Work) Regulations 2015” for “the Merchant Shipping (Inland Waterway and Limited Coastal Operations) (Boatmasters' Qualifications and Hours of Work) Regulations 2006”; and
(c) in the Table of Fees omit item 5(c) (a boatmaster's licence issued under the 1993 Regulations).
Interpretation: general
4. —(1) In these Regulations—
“ the Act ” means the Merchant Shipping Act 1995;
“ the 2006 Regulations ” means the Merchant Shipping (Inland Waterway and Limited Coastal Operations) (Boatmasters' Qualifications and Hours of Work) Regulations 2006;
“ the Crew Regulations ” means the Merchant Shipping (Local Passenger Vessels) (Crew) Regulations 2006;
“ bareboat charter terms ” has the meaning given in section 17(11) of the Act;
“ boatmaster ” has the meaning given in regulation 7;
...
“ boatmaster's licence ” means a licence issued by the Secretary of State under Part 2;
“ crew ” includes every person, other than a master or a pilot, employed or engaged in any capacity on board a vessel;
...
“ MCA ” means the Maritime and Coastguard Agency, an executive agency of the Department for Transport;
“ master ” includes every person (except a pilot) having command or charge of a vessel;
“ Merchant Shipping Notice ” means a notice described as such and issued by the MCA, and a reference to a particular Merchant Shipping Notice includes a reference to a Merchant Shipping Notice amending or replacing that Notice which is stated to be considered by the Secretary of State to be relevant from time to time;
“ mile ” means a nautical mile of 1852 metres;
“ passenger ” means any person carried in a vessel other than—
the master, a member of the crew or other person employed or engaged in any capacity on board the vessel on the business of the vessel,
a person on board the vessel in pursuance of an obligation laid upon the master to carry shipwrecked, distressed or other persons or by reason of any circumstance that neither the master nor the owner could have prevented or forestalled, and
a child under one year old;
“ passenger ship ” means a vessel carrying more than 12 passengers;
“ pilot ” means a person not belonging to a vessel who has the conduct of the vessel;
“ pleasure vessel ” means—
a vessel which at the time it is being used—
is—
in the case of a vessel wholly owned, or operated on bareboat charter terms, by an individual or individuals, used only for the sport or pleasure of the owner or charterer or the immediate family or friends of the owner or charterer; or
in the case of a vessel owned, or operated on bareboat charter terms, by a body corporate, used only for sport or pleasure and on which the persons on board are employees or officers of the body corporate, or their immediate family or friends; and
is on a voyage which is one for which the owner or charterer does not receive money for or in connection with operating the vessel or carrying any person, other than as a contribution to the direct expenses of the operation of the vessel incurred during the voyage or, in the case of a vessel operated on bareboat charter terms, the charter fee payable; or
a vessel which is wholly owned or operated on bareboat charter terms by or on behalf of a members' club formed for the purpose of sport or pleasure which, at the time it is being used, is used only for the sport or pleasure of members of that club or their immediate family, and for the use of which any charges levied (other than, in the case of a vessel operated on bareboat charter terms, the charter fee payable) are paid into club funds and applied for the general use of the club;
where, in the case of any vessel referred to in paragraphs (a) or (b), no other payments are made by or on behalf of the users of the vessel, other than by the owner or charterer; and in this definition “ immediate family ” means, in relation to an individual, the spouse or civil partner of the individual, and a relative of the individual or the individual's spouse or civil partner; and “ relative ” means brother, sister, ancestor or lineal descendant;
“ sea ” does not include waters of category A, B, C or D (and “ seagoing ” is to be construed accordingly);
“ specified by the Secretary of State ” means specified by the Secretary of State in Merchant Shipping Notice MSN 1853;
“ non-United Kingdom ship ” has the meaning given in section 307 of the Act;
“ United Kingdom ship ” has the same meaning as “ United Kingdom ship ” in section 85(2) of the Act;
“ voyage ” includes an excursion.
(2) In these Regulations, a reference to waters of a specified category is a reference to—
(a) waters of that category as specified under or by virtue of the Merchant Shipping (Categorisation of Waters) Regulations 1992 , and
(b) waters in the United Kingdom having the characteristics of waters of that category but not specified as such under or by virtue of those Regulations.
(3) (a) In these Regulations, vessels are classified in accordance with Table 1—
Table 1
Classification of vessels
| (1) Class of vessels | (2) Description of operations and waters |
|---|---|
| Class IV | Vessels engaged only on voyages in waters of category A, B, C or D. |
| Class V | Vessels engaged only on voyages in waters of category A, B or C. |
| Class VI | Vessels carrying not more than 250 passengers engaged in voyages to sea or in waters of category A, B, C or D, in favourable weather and during restricted periods, in the course of which the vessels are at no time more than 15 miles (exclusive of waters of category A, B, C or D) from their point of departure or more than 3 miles from land. |
| Class VI(A) | Vessels carrying not more than 50 passengers engaged on voyages over a distance of not more than 6 miles to or from isolated communities on the islands or coasts of the United Kingdom and in the course of which they are never more than 3 miles from land. |
| Class IX(A) | Vessels other than passenger ships and tankers which do not proceed to sea. |
| Class IX(A)(T) | Tankers which do not proceed to sea. |
(b) In Table 1—
“ favourable weather ” means fine, clear, settled weather with a sea state such as to cause only moderate rolling or pitching;
“ restricted period ” means a time during the period commencing on 1st April and ending on 31st October which—
in the case of a vessel fitted with navigation lights conforming to the Merchant Shipping (Distress Signals and Prevention of Collisions) Regulations 1996 , is between one hour before sunrise and one hour after sunset, and
in the case of any other vessel, is between sunrise and sunset.
(4) A reference to—
(a) a boatmaster's licence of any class (with or without a reference to an endorsement), or
(b) an endorsement of any class,
is a reference to a licence or endorsement of that class as specified in Table 2 in regulation 14.
(5) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Extension of provisions to non-United Kingdom ships
5. —(1) The following provisions extend to the vessels and persons specified in paragraph (2) while they are engaged on voyages of a kind mentioned in regulation 7(3)—
(a) sections 47 to 50 and 52 of the Act (manning of vessels, production of certificates of qualification, etc ), in so far as they have not already been so extended, and
(b) Parts 2, 5 and 6 of these Regulations.
(2) The vessels and persons are—
(a) non-United Kingdom ships of Classes IV, V, VI, VI(A), IX(A) and IX(A)(T), other than pleasure vessels, and
(b) the masters employed in those vessels.
PART 2 BOATMASTERS' QUALIFICATIONS
General
Part 2: Interpretation
6. —(1) In this Part—
“ authorised pilot ” means a person authorised in accordance with section 3 of the Pilotage Act 1987 ;
“ cargo ” means all the things which are transported on a vessel, except fuel for the vessel, solid or liquid ballast, consumables to be used on board, the permanent outfit and equipment of the vessel, stores and spare gear for the vessel, the personal baggage and belongings of the crew and any passengers and the equipment necessary for or related to the activities being undertaken by the vessel;
“ chemical tanker ” means a vessel constructed or adapted and used for the carriage in bulk of any liquid product listed in chapter 17 of the International Code for the Construction and Equipment of Ships Carrying Dangerous Chemicals in Bulk (2007 Edition) published by the International Maritime Organization ;
“ competent navigation authority ” means a person in whom is vested, under any enactment, a power or duty to manage navigation in any part of United Kingdom waters;
“ dangerous goods ” means the substances, materials and articles covered by the International Maritime Dangerous Goods Code (2012 Edition incorporating Amendment 36-12) published by the International Maritime Organization other than those which are oil, chemical and liquefied gas cargo;
“ fast craft ” means a vessel capable of a maximum speed when fully laden of at least 20 knots (where “ maximum speed ” means the speed achieved at the maximum continuous rating of the vessel's propulsion machinery);
“ general cargo ” means any cargo other than oil, chemical and liquefied gas cargo but includes packaged dangerous goods;
“ limited coastal area ” means an area of sea where the vessel is—
no more than either (exclusive of waters of category A, B, C or D)—
15 miles from its point of departure, or
15 miles from its point of arrival; and
never more than 5 miles from land;
“ liquefied gas carrier ” means a vessel constructed or adapted and used for the carriage in bulk of any liquefied gas or other product listed in chapter 19 of the International Code for the Construction and Equipment of Ships Carrying Liquefied Gases in Bulk (1993 Edition) , published by the International Maritime Organization;
“ normal duties ”, in relation to the holder of a boatmaster’s licence, means the duties normally performed by a person holding a boatmaster’s licence (with or without endorsement);
“ oil tanker ” means a vessel constructed and used for the carriage of petroleum and petroleum products in bulk;
“ pilotage exemption certificate ” has the meaning given in section 8(1) of the Pilotage Act 1987 ;
“ Port of London area ” means the River Thames from Putney Bridge to Margaretness;
“ prescribed fee ” means the fee prescribed by the Secretary of State under section 302 of the Act;
“ qualifying service ” means service which has been undertaken—
in the United Kingdom ...,
in the appropriate deck capacity, and
in the waters and on vessels of a type appropriate to the class of boatmaster's licence or endorsement ... applied for;
“ qualifying service time ” has the meaning given in regulation 19(1)(b);
“ relevant local knowledge ” means knowledge of local regulations and other navigation requirements and of the hazards, other features and situations specific to an area of water which affect safe navigation in that area;
“ relevant local knowledge endorsement ” means an endorsement authorising operations in specified waters (or in a specified part of the waters) for which relevant local knowledge is required; “ relevant medical condition ” means a medical condition or disability which affects a person's ability to perform normal duties;
...
“ Ro-Ro vessel ” means a vessel in which vehicles or cargo can be loaded or unloaded in a horizontal direction ;
“ specialist towing and pushing operations ” means operations involving the towing or pushing of vessels, including ship towage with tugs (other than emergency towing assistance and rigid pushing operations on waters of category A or B or waters of category C if not linked to other waters);
...
...
Persons and vessels to which Part 2 applies
Application of Part 2
7. —(1) This Part applies to a person serving as master of a vessel of a kind mentioned in paragraph (2) engaged on a voyage of a kind mentioned in paragraph (3) (“a boatmaster”).
(2) The vessels are United Kingdom and non-United Kingdom ships of Classes IV, V, VI, VI(A), IX(A) and IX(A)(T), other than pleasure vessels.
(3) The voyages are—
(a) a voyage in waters of category A, B, C or D, and
(b) a voyage to sea within United Kingdom waters in the course of which the vessel does not operate outside the limited coastal area.
Exemptions from Part 2
8. This Part does not apply to a person serving as master of a vessel specified by the Secretary of State under section 48 of the Act as exempt from these Regulations.
Boatmasters' qualifications: general
Qualifications which must be held by masters
9. —(1) Subject to regulations 10 to 12, for the purposes of sections 49 (prohibition of going to sea undermanned) and 52 (unqualified persons going to sea as qualified officers or seamen) of the Act, a boatmaster is not qualified to serve as master of a vessel unless that boatmaster holds—
(a) a boatmaster's licence of the Tier and level specified in column (1) of Table 2 in Regulation 14 which authorises that person to serve as master of the vessel being navigated in the category of waters in which it is being navigated, together with—
(i) the endorsements listed in that Table, or an equivalent qualification specified by the Secretary of State, which are required to authorise that person to serve as master on that vessel or engage in operations which the vessel is undertaking, and
(ii) unless regulation 12 applies, the relevant local knowledge endorsements which are required by regulation 17 to authorise the master to navigate the waters being navigated; or
(b) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
(c) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
(d) such other qualification, in such circumstances and subject to such conditions, as may be specified by the Secretary of State.
(2) A person does not contravene this regulation while that person —
(a) is navigating a vessel as part of the qualifying service required under regulations 19, 20, 21, 22, 24 ... under the direction of a person who is qualified in accordance with this regulation,
(b) is undergoing a practical test of seamanship and vessel handling skill which is—
(i) conducted on board a vessel of a kind reasonably representative of the class of vessel the command of which the licence or endorsement would authorise, and
(ii) in waters appropriate to that class of licence or endorsement, or
(c) is authorised to serve as master of a vessel under regulation 50.
Vessels to which a pilotage direction applies
10. —(1) Where a pilotage direction apples to a vessel, a boatmaster is not qualified to serve as master unless—
(a) the boatmaster—
(i) is an authorised pilot, or
(ii) holds a pilotage exemption certificate issued by the competent navigation authority; or
(b) the vessel is carrying an authorised pilot.
(2) In this regulation “ pilotage direction ” has the meaning given in section 7(1) of the Pilotage Act 1987.
Restrictions on holders of a Rhine navigation licence
11. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Relevant local knowledge endorsements and authorised pilots
12. —(1) This regulation applies to a boatmaster who—
(a) is required by regulation 9(1)(a)(ii) to hold a relevant local knowledge endorsement; or
(b) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
(c) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
(d) in any other circumstances, would be required to hold a relevant local knowledge endorsement if that person held a boatmaster's licence.
(2) A boatmaster to whom this regulation applies is qualified to serve as master of a vessel engaged on a voyage in waters where a relevant local knowledge endorsement is or would be required, where—
(a) that person is an authorised pilot for all those waters,
(b) that person holds a pilotage exemption certificate issued by the competent navigation authority in relation to all those waters, or
(c) the vessel is carrying an authorised pilot for all those waters.
Boatmasters' qualifications: medical fitness
Boatmaster to be medically fit
13. A boatmaster must not serve as master of a vessel to which this Part applies unless medically fit to perform normal duties.
Boatmasters' licences
Boatmasters' licences: authorised operations
14. Subject to regulations 15 to 17, a class of boatmasters' licence or endorsement specified in column (1) of Table 2 authorises a person to serve as master—
(a) of a vessel of a description,
(b) for the purposes of operations of a type, and
(c) in the waters,
specified in column (2).
Table 2
Boatmasters' licences: classes and endorsements
| (1) Class of licence and endorsement | (2) Vessel operations and waters for which licence and endorsement is valid |
|---|---|
| A. Tier 1 boatmasters' licences | |
| A.1 Tier 1 boatmasters' licences without endorsements | |
| Tier 1 (level 1) without endorsement | Vessel operations: (i) vessel operations for which an endorsement is not required (but including emergency towing assistance or rigid pushing operations). Waters: (i) waters of categories A and B and (ii) waters of category C if not linked to any other waters, except waters where a relevant local knowledge endorsement is required. |
| Tier 1 (Level 2) without endorsement | Vessel operations: (i) vessel operations for which an endorsement is not required (but including emergency towing assistance or rigid pushing operations in waters of category A or B or waters of category C if not linked to any other waters). Waters: all waters appropriate to the class of vessel except waters where a relevant local knowledge endorsement is required. |
| A.2 Endorsements required on Tier 1 boatmasters' licence | |
| A passenger operations (general) endorsement | Vessel operations: operation of passenger ships carrying not more than 250 passengers. |
| Waters: waters otherwise authorised. | |
| A large passenger vessel endorsement | Vessel operations: operation of passenger ships carrying more than 250 passengers. |
| Waters: waters of categories A, B, C and D. | |
| A towing and pushing endorsement | Vessel operations: vessels engaged in specialist towing and pushing operations. |
| Waters: as otherwise authorised. | |
| A cargo endorsement | Vessel operations: operations involving the carriage of general cargo and bulk cargo. |
| Waters: as otherwise authorised. | |
| An oil cargo endorsement | Vessel operations: operation of an oil tanker. |
| Waters: as otherwise authorised. | |
| A chemical cargo endorsement | Vessel operations: operation of a chemical tanker. |
| Waters: as otherwise authorised. | |
| A liquefied gas cargo endorsement | Vessel operations: operation of a liquefied gas carrier. |
| Waters: as otherwise authorised. | |
| A dredging endorsement | Vessel operations: vessels engaged in dredging operations. |
| Waters: as otherwise authorised. | |
A radar endorsement | Vessel operations: operations which are otherwise authorised and the vessel is navigated using radar. |
| Waters: as otherwise authorised. | |
| A Ro-Ro endorsement | Vessel operations: operation of a Ro-Ro vessel. |
| Waters: waters of categories C and D and the limited coastal area. | |
| A fast craft endorsement | Vessel operations: operation of a fast craft. |
| Waters: as otherwise authorised. | |
| A relevant local knowledge endorsement | Vessel operations: as otherwise authorised. |
| Waters: those local waters specified by the Secretary of State in accordance with regulation 17 to which the endorsement relates. | |
| B Tier 2 boatmasters' licences | |
| Tier 2 (Level 1) (passenger-carrying operations) | Vessel operations: passenger-carrying operations on vessels on which the licence holder has completed the qualifying service. |
Waters: (a) category A canals, and (b) such (i) other waters of categories A and B, and (ii) category C waters, if not linked to any other waters, which (having regard to the nature and length of the licence holder's qualifying service) are specified in the licence. | |
Tier 2 (Level 1) (other operations) | Vessel operations: vessels and operations, other than passenger-carrying operations, on which the licence holder has completed the qualifying service. |
Waters: (a) category A canals, and (b) such (i) other waters of categories A and B, and (ii) category C waters, if not linked to any other waters which (having regard to the nature and length of the licence holder's qualifying service) are specified in the licence. | |
Tier 2 (Level 2) (passenger carrying operations) | Vessel operations: (i) passenger-carrying operations on vessels carrying not more than 250 passengers on which the licence holder has completed the qualifying service. Waters: such waters within the following categories of water as are specified in the licence— (i) category C and/or D waters (excluding the River Thames below Teddington Lock) (ii) the limited coastal area; and (iii) category A and/or B waters adjacent to the above waters. |
| Tier 2 (Level 2) (other operations) | Vessel operations: vessels and operations, other than passenger-carrying operations, on which the licence holder has completed the qualifying service. Waters: such waters within the following categories of water as are specified in the licence— (i) category C and/or D waters (excluding the River Thames below Teddington Lock) (ii) the limited coastal area; and (iii) category A and/or B waters adjacent to the above waters. |
Cargo endorsements
15. —(1) This regulation applies to—
(a) a cargo endorsement,
(b) an oil cargo endorsement,
(c) a chemical cargo endorsement, or
(d) a liquefied gas cargo endorsement.
(2) An endorsement to which this regulation applies held by a person under the age of 21 does not authorise its holder to serve as master on a vessel if its overall length exceeds 40 metres (“overall length” being the maximum length of the vessel including all fixed installations such as parts of the steering system or power plant and mechanical or similar devices).
Fast craft endorsements
16. A fast craft endorsement may be limited—
(a) to a specified description of vessel,
(b) to navigation on voyages following a specified route, or
(c) both to a specified description of vessel and to navigation on voyages following a specified route.
Relevant local knowledge endorsement
17. Unless regulation 12 applies, a relevant local knowledge endorsement is required for any operations (other than operations necessary to deal with an emergency) in the waters specified by the Secretary of State.
Applications for boatmasters' licences and endorsements
18. —(1) An application for a boatmaster's licence or an endorsement of a licence—
(a) must be in such form and contain, or be accompanied by, such particulars and documents as may be specified by the Secretary of State, and
(b) must be accompanied by the prescribed fee.
(2) The Secretary of State may in particular specify, as a document required to support an application, the written record of the applicant's service and experience.
Boatmasters' licences and endorsements: minimum requirements
19. —(1) The Secretary of State must not issue a boatmaster's licence or an endorsement of a class specified by the Secretary of State unless satisfied that a boatmaster applying for the licence or endorsement (“ the applicant ”)—
(a) has attained the minimum age in relation to that class of licence or endorsement specified by the Secretary of State;
(b) has completed in aggregate a period of qualifying service (the “qualifying service time”) not less than that (if any) specified by the Secretary of State;
(c) meets the conditions concerning qualifying service specified in regulation 20;
(d) is medically fit to perform normal duties; and
(e) has the practical skills and knowledge specified by the Secretary of State as being necessary for a holder of that class of licence or endorsement.
(2) In order to be satisfied that an applicant has the specified practical skills and knowledge, the Secretary of State may require an applicant to be assessed—
(a) in accordance with arrangements specified by the Secretary of State; and
(b) by a person (“an examiner”) who is approved for that purpose by the Secretary of State.
(3) If required to undertake an assessment by an examiner, the applicant must—
(a) provide such information and documents as may be specified by the Secretary of State; and
(b) pay to the Secretary of State the prescribed fee.
Boatmasters' licences and endorsements: conditions concerning qualifying service
20. —(1) The conditions referred to in regulation 19(1)(c) are that—
(a) the qualifying service has been undertaken during the period of 5 years ending on the date of the application,
(b) in relation to the relevant class of licence or endorsement, a period not less than the period (if any) specified by the Secretary of State (the “minimum qualifying period”) has elapsed between the first day of the qualifying service time and the date of the application, and
(c) in relation to an endorsement, other than a relevant local knowledge endorsement, at least half the qualifying service time has been undertaken in waters for which the endorsement is to be valid.
(2) Except in the case of an endorsement to which paragraph (3) applies, in calculating the qualifying service time (but not the minimum qualifying period) for the purpose of an application for an endorsement of a Tier 1 licence, the Secretary of State must disregard qualifying service undertaken for the purpose of an application for—
(a) the licence itself, or
(b) another endorsement
(3) (a) This paragraph applies to—
(i) a Ro-Ro endorsement,
(ii) a fast craft endorsement, and
(iii) a relevant local knowledge endorsement, other than for the Port of London area.
(b) In the case of an endorsement to which this paragraph applies, in calculating the qualifying service time for the purpose of an application for that endorsement, the Secretary of State may take account of the qualifying service undertaken for the purpose of an application for—
(i) the licence itself, or
(ii) another endorsement.
Large passenger vessel endorsements: additional conditions
21. A large passenger vessel endorsement must not be issued unless, in addition to the qualifying service time prescribed for the large passenger vessel endorsement, the applicant has served such additional periods of service within such period on such vessels and subject to such conditions as specified by the Secretary of State.
Fast craft endorsements: additional conditions
22. A fast craft endorsement must not be issued unless the applicant—
(a) holds or at the same time is to be issued with—
(i) a cargo endorsement,
(ii) a passenger operations (general) endorsement, or
(iii) a large passenger vessel endorsement,
appropriate to the nature of the vessel and operations being undertaken; and
(b) has completed a period of qualifying servicespecified by the Secretary of State as sufficient to justify the issue of the licence —
(i) on vessels of the same type as the vessel on which the applicant will normally serve as master, and
(ii) on voyages following a route on which that vessel will normally operate.
Ro-Ro endorsements: additional conditions
23. A Ro-Ro endorsement must not be issued unless the applicant holds or at the same time is to be issued with—
(a) a cargo endorsement, or
(b) a passenger operations (general) endorsement, or
(c) a large passenger vessel endorsement,
appropriate to the nature of the vessel and operations being undertaken.
Relevant local knowledge endorsements: additional conditions
24. —(1) A relevant local knowledge endorsement in respect of the waters specified by the Secretary of State must not be issued unless—
(a) the applicant has completed the qualifying servicespecified by the Secretary of State in relation to those waters, and
(b) in the case of an application for a relevant local knowledge endorsement for the Port of London area, the whole of that qualifying service has been undertaken after the expiration of the minimum qualifying period specified by the Secretary of State for the issue of a Tier 1(Level 2) licence.
Boatmasters' licences: disclosure of medical conditions
25. —(1) A holder of a boatmaster's licence (“the licence holder”) who is suffering from a relevant medical condition which has not previously been disclosed must, upon becoming aware of the condition, forthwith notify the Secretary of State in writing of the fact.
(2) If the Secretary of State becomes aware that a licence holder may be suffering from a relevant medical condition, the Secretary of State may require the licence holder—
(a) to undergo, at the licence holder's own expense, an examination by a registered medical practitioner for the purpose of determining whether the licence holder is fit to perform normal duties, and
(b) to authorise that medical practitioner to provide the Secretary of State with a report of the result of that examination.
(3) If satisfied (whether by virtue of a report received from a registered medical practitioner under paragraph (2) or otherwise) that a licence holder is suffering from a relevant medical condition, the Secretary of State may suspend or revoke the licence or endorsement.
(4) If satisfied that a licence holder whose licence or endorsement has been suspended or revoked under paragraph (3) is fit to perform the normal duties of a holder of a licence or endorsement of a different class than that suspended or revoked, the Secretary of State may issue a licence or endorsement of that different class.
(5) If a licence holder fails to comply with a requirement made under paragraph (2), the Secretary of State may suspend the licence until such time as the licence holder complies with the requirement.
Boatmasters' licences: validity periods and re-validation
26. —(1) A boatmaster's licence is valid for a period of 5 years commencing on the date it is issued.
(2) An endorsement of a boatmaster's licence is valid for the same period as the licence on which it is endorsed.
(3) A holder of a boatmaster's licence may before or within twelve months of the date on which the licence expires, apply to the Secretary of State for the licence and any endorsements to be re-validated.
(4) An application for re-validation of a boatmaster's licence or an endorsement of a licence must—
(a) be in such form and contain, or be accompanied by, such particulars and documents as may be specified by the Secretary of State, and
(b) must be accompanied by the prescribed fee.
(5) The Secretary of State must not revalidate a licence or endorsement unless satisfied that the applicant—
(a) has completed in an appropriate deck capacity during the period of 5 years ending on the date the applicant applies for revalidation the number of days service in respect of the category of licence and endorsements specified by the Secretary of State, and
(b) in the case of a relevant local knowledge endorsement, has the practical skills and knowledge of the local navigational requirements necessary for the waters to which the endorsement applies specified by the Secretary of State.
(6) The Secretary of State may require the applicant to provide evidence of the practical skills and knowledge (or any part of those skills or that knowledge) required in respect of the relevant class of licence or endorsement.
(7) Where the Secretary of State revalidates a boatmaster's licence, the revalidated licence is valid for a period of 5 years commencing on the date on which the revalidation is granted.
(8) An endorsement previously held, other than one specified by the Secretary of State, shall be revalidated automatically upon the Secretary of State revalidating the boatmaster's licence on which it was previously endorsed.
Boatmasters' certificates
Boatmasters' certificates: classes of certificate
27. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Boatmasters' certificates: authorised operations
28. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Boatmasters' certificates: applications
29. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Boatmasters' certificates: minimum requirements
30. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Boatmasters' certificates: medical fitness
31. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Rhine navigation licences
Rhine navigation licence: supplementary licence
32. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Rhine navigation licences: medical fitness
33. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Licensing requirements under local legislation
Licensing under local legislation
34. —(1) Subject to paragraph (2), a local enactment ceases to have effect to the extent that it—
(a) requires a boatmaster to meet any conditions in order to qualify to serve as master,
(b) authorises the issue of a licence, certificate or other document permitting a boatmaster to serve as master, or
(c) confers power to do anything mentioned in paragraph (a) or (b).
(2) Nothing in paragraph (1) affects the operation of any local enactment which authorises the issue of a boatman's licence, or makes provision in connection with the issue of any such licence, where the licence would enable a person to whom this Part applies to meet the condition in regulation 9(1)(d).
(3) In this regulation—
(a) “ boatman's licence ” means a licence or other document authorising a person to serve as master of a vessel (whether or not of a specified class) in waters to which the local enactment applies;
(b) “ local enactment ” means an enactment contained in—
(i) any local Act (other than the Port of London Act 1968 ),
(ii) any order, regulations, rules, scheme, bye laws or other instrument made under a local Act, or
(iii) any order made under section 14 of the Harbours Act 1964 ;
(c) a reference to serving as master is a reference to serving as master of a vessel on a voyage of a kind mentioned in regulation 7(3).
Records and loss of documents
Records
35. —(1) Subject to paragraph (2), the Secretary of State must keep a record of—
(a) every boatmaster's licence (including endorsements) ... issued pursuant to these Regulations and currently valid,
(b) every licence, certificate or other qualification previously held by the holder of a boatmaster's licence ...,
(c) every suspension, revocation or alteration of those licences, certificates or other qualifications, and
(d) all examination and assessment evidence, application forms, documents relating to applications (including medical evidence) and other matters affecting current and previous licences, certificates and other qualifications.
(2) The Secretary of State need not retain a record of any document—
(a) mentioned in paragraph (1)(a) or (b) for a period of more than 10 years after the date when that document expired or otherwise ceased to be valid;
(b) mentioned in paragraph 1(c) or (d) for a period of more than 10 years after the date when the boatmaster's licence ... to which the document relates has expired or otherwise ceased to be valid.
Loss of documents
36. If the holder of a boatmaster's licence ... loses it, the Secretary of State may—
(a) if satisfied that the loss occurred through no fault of the holder, issue a replacement of the licence ... to the holder free of charge, or
(b) if not so satisfied, issue a replacement licence ... to the holder on payment of the prescribed fee.
PART 3 LOCAL PASSENGER VESSELS: QUALIFICATIONS OF CREW MEMBERS
Application of Part 3
37. This Part applies to a United Kingdom passenger ship of Class IV, V, VI and VI(A).
Owner's proposal
38. The owner of a vessel to which this Part applies must give notice in writing to the Secretary of State proposing either that it is appropriate or that it is not appropriate that, when the vessel is engaged on a voyage, a member of the crew should be a holder of—
(a) a boatmaster's licence of any class, or
(b) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
(c) any other qualification which it would be appropriate for the master of the vessel to hold and which is prescribed for those purposes in Part 2.
Secretary of State's approval
39. The Secretary of State may approve the vessel's owner's proposal that—
(a) a member of the crew must hold a qualification specified in the notice given under regulation 38, or
(b) that no crew member must hold any such qualification.
Form of approval
40. —(1) An approval made under regulation 39 may be made subject to conditions.
(2) An approval made under regulation 39 must—
(a) be recorded in writing, and
(b) specify—
(i) the date on which the approval takes effect, and
(ii) the conditions (if any) to which it is subject.
(3) A copy of an approval made under regulation 39 must be sent to the vessel's owner.
Prohibition on proceeding on voyage without approval
41. A vessel to which this Part applies must not proceed on a voyage unless—
(a) notice has been given to the Secretary of State in accordance with regulation 38,
(b) the Secretary of State has approved, in accordance with regulation 39, the proposal made in that notice as to which qualifications (if any) should be held by a member of the crew, and
(c) the vessel is crewed in accordance with that approval.
PART 4 SELF-EMPLOYED MASTERS' HOURS OF WORK
Interpretation of Part 4
42. —(1) In this Part—
“ hovercraft ” has the meaning given in section 4(1) of the Hovercraft Act 1968 ;
“ rest period ” means any time when a master is not on duty;
“ working day ”, in relation to a master, means either—
where a period of duty is not followed by a rest period of at least 8 hours, the aggregate of—
that and each successive period of duty, and
any intervals between those periods of duty,
until there is a rest period of at least 8 hours; or
a period of duty which is followed by a rest period of at least 8 hours.
(2) In this Part, a master is on duty where the master —
(a) has nautical responsibility for a vessel or hovercraft in circumstances where this Part applies, and
(b) is otherwise engaged in work for the purposes of a trade or business carried on by the master, being work in connection with a vessel or hovercraft to which this Part applies or with any passenger carried by that vessel or hovercraft.
Application of Part 4
43. This Part applies to a person who—
(a) is serving as master of either—
(i) a United Kingdom passenger ship of Class IV, V, VI or VI(A), or
(ii) a hovercraft carrying more than 12 passengers, and
(b) is not a person to whom the following apply—
(i) the Working Time Regulations 1998 ,
(ii) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
(iii) the Merchant Shipping (Working Time: Inland Waterways) Regulations 2003 .
(iv) the Merchant Shipping (Maritime Labour Convention) (Hours of Work) Regulations 2018.
Self-employed masters' hours of work
44. —(1) A master to whom this Part applies must, so far as is reasonably practicable, be properly rested when first going on duty on any working day.
(2) A master's working day must not exceed 16 hours.
(3) A master must not on any working day have command or charge of a vessel or hovercraft for periods amounting in aggregate to more than 10 hours.
(4) If on any working day a master has been on duty—
(a) for a period of 6 hours, the end of which does not correspond to the end of the working day, or
(b) for periods amounting in aggregate to 6 hours without having enjoyed a rest period of at least 30 minutes and the end of the last of those periods does not correspond to the end of the working day,
the master must take a rest period of not less than 30 minutes at the end of that 6-hour period or (as the case may be) at the end of the last of those periods.
(5) The Secretary of State may grant an exemption from all or any of the provisions of this regulation in such circumstances and on such terms (if any) as the Secretary of State may require.
(6) An exemption—
(a) may be granted in respect of one or more vessels or hovercraft or a class of vessel or hovercraft , and
(b) may be restricted to specified voyages or operations.
(7) Subject to giving reasonable notice to the person affected, the Secretary of State may alter or cancel an exemption.
PART 5 ENFORCEMENT
Offence: serving while medically unfit
45. —(1) A person who contravenes regulation 13 is guilty of an offence and is liable on summary conviction to a fine not exceeding level 5 on the standard scale.
(2) The owner of a vessel who causes or permits it to begin a voyage when the person serving as its master is a person who contravenes regulation 13 is guilty of an offence and is liable on summary conviction to a fine not exceeding level 5 on the standard scale.
(3) It is a defence to a charge under this regulation that the person charged took all reasonable steps to avoid commission of the offence.
Offence: failing to disclose a medical condition
46. —(1) A person who contravenes regulation 25(1) ... is guilty of an offence and is liable on summary conviction to a fine not exceeding level 5 on the standard scale.
(2) The owner of a vessel who causes or permits it to begin a voyage when the person serving as its master is a person who contravenes regulation 25(1) ... is guilty of an offence and liable on summary conviction to a fine not exceeding level 5 on the standard scale.
(3) It is a defence to a charge under this regulation that the person charged took all reasonable steps to avoid commission of the offence.
Offence: proceeding on a voyage without approval
47. —(1) A person serving as master of a vessel to which Part 3 applies is guilty of an offence and liable on summary conviction to a fine not exceeding level 5 on the standard scale if that vessel proceeds on a voyage in contravention of—
(a) regulation 41, or
(b) regulation 53(4).
(2) An owner of a vessel to which Part 3 applies is guilty of an offence and liable on summary conviction to a fine not exceeding level 5 on the standard scale if that vessel proceeds on a voyage in contravention of—
(a) regulation 41, or
(b) regulation 53(4).
(3) It is a defence to a charge under this regulation that the person charged took all reasonable steps to avoid commission of the offence.
Offence: non-compliance with self-employed masters' hours of work requirements
48. —(1) A person who contravenes a requirement of Part 4 is guilty of an offence and liable on summary conviction to a fine not exceeding level 4 on the standard scale.
(2) It is a defence for a person charged with an offence under paragraph (1) to prove that there was an unavoidable delay in the completion of a voyage arising out of circumstances which that person could not reasonably have foreseen.
Detention of vessels
49. —(1) Where a person (a “relevant inspector”) mentioned in paragraph (a), (b) or (c) of section 258(1) of the Act (powers to inspect ships and their equipment, etc) is satisfied that an offence under regulation 45, 46 or 47 is being committed in relation to any vessel, the vessel is liable to be detained.
(2) Where a vessel is liable to be detained under paragraph (1), the relevant inspector detaining it must serve on the master of the vessel a detention notice which—
(a) states that the relevant inspector is of the opinion that an offence under regulation 45, 46 or 47 has been committed,
(b) specifies the reasons for that opinion, and
(c) prohibits the vessel from commencing a voyage until a relevant inspector is satisfied it can do so in circumstances where no such offence is committed.
(3) Sections 96 and 97 of the Act (arbitration and compensation in connection with detention notices) apply in relation to a detention notice under paragraph (2) as they apply in relation to a detention notice under section 95 (power to detain dangerously unsafe ship) but with the following words omitted from section 96—
(a) in subsection (1), “in pursuance of section 95(3)(b)”,
(b) in subsection (3), “to whether the ship was or was not a dangerously unsafe ship”,
(c) in subsection (5), “as a dangerously unsafe ship”.
(4) Where a vessel is liable to be detained under this regulation, section 284 of the Act (enforcing detention of ship) has effect with the following modifications—
(a) for subsection (1) there is substituted—
“ (1) Where under the Merchant Shipping (Boatmasters' Qualifications, Crew and Hours of Work) Regulations 2015 a ship is liable to be detained a relevant inspector may detain the ship. ” ;
(b) in subsection (4), for the words from “any of the following” to “any surveyor of ships” there is substituted “ any relevant inspector ” ;
(c) subsections (6) and (7) are omitted; and
(d) at the end there is inserted—
“ (9) In this section, “ relevant inspector ” means any person mentioned in paragraph (a), (b) or (c) of section 258(1). ”
PART 6 TRANSITIONAL PROVISIONS
Qualifications held under the 2006 Regulations
50. —(1) This regulation applies to a person who, immediately before these Regulations come into force, holds one or both of the following issued under the 2006 Regulations (“ a qualification under the 2006 Regulations ”)—
(a) a boatmaster's licence with or without an endorsement,
(b) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
(2) Notwithstanding the revocation of the 2006 Regulations, a person to whom this regulation applies is to be treated as qualified to serve as master of a vessel engaged on a voyage authorised by a qualification under the 2006 Regulations until whichever is the earlier of—
(a) the issue of a new boatmaster's licence to that person,
(b) the revocation of the boatmaster's licence under regulation 25(3), or
(c) the expiry of the boatmaster's licence in accordance with regulation 14(1) of the 2006 Regulations.
(3) This regulation does not entitle a person to serve as master of any vessel at a time when that person is not complying with the terms and conditions of the qualification under the 2006 Regulations.
Holders of an oil and chemical cargo endorsement
51. —(1) This regulation applies to a person who, immediately before these Regulations come into force, holds a Tier 1 boatmaster's licence with an oil and chemical cargo endorsement issued under the 2006 Regulations.
(2) A person to whom this regulation applies is to be treated as authorised to engage in operations for which an endorsement listed in paragraph (3) is required until whichever is the earlier of—
(a) the issue of a new boatmaster's licence to that person,
(b) the revocation of the boatmaster's licence under regulation 25(3), or
(c) the expiry of the boatmaster's licence in accordance with regulation 14(1) of the 2006 Regulations.
(3) The endorsements are—
(a) an oil cargo endorsement,
(b) a chemical cargo endorsement, and
(c) a liquefied gas cargo endorsement.
Ro-Ro endorsements
52. —(1) This regulation applies to a person who, immediately before these Regulations come into force —
(a) holds a Tier 1 Level 2 boatmaster's licence issued under the 2006 Regulations, and
(b) has not less than 30 days qualifying service time as master of a Ro-Ro vessel.
(2) A person to whom this regulation applies is to be treated as authorised to engage in operations for which a Ro-Ro endorsement is required until whichever is the earlier of—
(a) the issue of a new boatmaster's licence to that person,
(b) the revocation of the boatmaster's licence under regulation 25(3), or
(c) the expiry of the boatmaster's licence in accordance with regulation 14(1) of the 2006 Regulations.
Approvals under the Crew Regulations
53. —(1) This regulation applies where an approval (a “crewing approval”) has been given by the Secretary of State under—
(a) regulation 14(2)(b) of the Merchant Shipping (Local Passenger Vessels) (Masters' Licences and Hours, Manning and Training) Regulations 1993 and continues to have effect by virtue of regulation 5 of the Crew Regulations , or
(b) regulation 4(2)(b) of the Crew Regulations.
(2) A crewing approval continues to have effect as if it were an approval given under regulation 39.
(3) Where a crewing approval was given subject to any conditions, those conditions continue to have effect.
(4) While a crewing approval has effect, the vessel to which the approval applies must not proceed on a voyage unless it is crewed in accordance with it.
PART 7 REVIEW
Review
54. —(1) The Secretary of State must from time to time —
(a) carry out a review of these Regulations,
(b) set out the conclusions of the review in a report, and
(c) publish the report.
(2) In carrying out the review the Secretary of State must, so far as is reasonable, have regard to how Directive 96/50/ EC is applied in other member States.
(3) The report must in particular—
(a) set out the objectives intended to be achieved by the regulatory system established by these Regulations,
(b) assess the extent to which those objectives are achieved, and
(c) assess whether those objectives remain appropriate and, if so, the extent to which they could be achieved with a system that imposes less regulation.
(4) The first report under this regulation must be published before the end of five years beginning with the day on which these Regulations come into force.
(5) Reports under this regulation are afterwards to be published at intervals not exceeding five years.
Signed by authority of the Secretary of State for Transport
John Hayes
Minister of State
Department for Transport
We consent to the making of these Regulations
Harriett Baldwin
Mark Lancaster
Two of the Lords Commissioners of Her Majesty's Treasury