Statutory Instruments
1999 No. 2723
MERCHANT SHIPPING
SAFETY
The Merchant Shipping (Life-Saving Appliances For Passenger Ships Of Classes III To VI(A)) Regulations 1999
Made
30th September 1999
Laid before Parliament
8th October 1999
Coming into force
29th October 1999
The Secretary of State for the Environment, Transport and the Regions, after consulting the persons referred to in section 86(4) of the Merchant Shipping Act 1995(1), in exercise of the powers conferred by section 85(1)(a) and (b), (3), (5) to (7) and section 86(1) of that Act, and of all other powers enabling him in that behalf, hereby makes the following Regulations:
PART IPRELIMINARY
Citation, commencement and revocation
1.—(1) These Regulations may be cited as the Merchant Shipping (Life-Saving Appliances for Passenger Ships of Classes III to VI(A)) Regulations 1999 and shall come into force on 29th October 1999.
(2) The Merchant Shipping (Life-Saving Appliances for Passenger Ships of Classes III to VI(A)) Regulations 1992(2) are hereby revoked.
Interpretation
2.—(1) In these Regulations–
(a)a reference to a numbered Schedule is, unless otherwise stated, a reference to the Schedule of that number in Merchant Shipping Notice MSN 1676 (M);
(b)any reference in these Regulations to a British Standard shall also include a reference to the equivalent CEN Standard.
(2) In these Regulations, except where the context otherwise requires–
“buoyancy aid” means a device, intended to be worn, complying with the requirements of Part 6 of Schedule 9;
“buoyant apparatus” means flotation equipment (other than lifebuoys, lifejackets and buoyancy aids), complying with the requirements of Schedule 12;
“buoyant lifeline” means a line complying with the requirements of Part 6 of Schedule 8;
“buoyant smoke signal” means a pyrotechnic signal complying with the requirements of Part 4 of Schedule 7;
“Category A, B, C and D waters” means the waters specified as such in Merchant Shipping Notice No. M1719 and cognate expressions shall be construed accordingly;
“certificated person” means a member of the crew who holds either–
(a)
a Certificate of Proficiency in Survival Craft under the Merchant Shipping (Certificates of Proficiency in Survival Craft) Regulations 1984(3) or such certificate issued by or under the authority of any government outside the United Kingdom, as is accepted by the Secretary of State as being the equivalent to a certificate issued under those Regulations; or
(b)
a Certificate of Proficiency as Lifeboatman issued before 28th April 1984 by or under the authority of the Secretary of State or such certificate issued before 28th April 1984 by or under the authority of any government outside the United Kingdom, as is accepted by the Secretary of State as being the equivalent of such a certificate issued by or under the authority of the Secretary of State;
“certified” means certified by a certificate issued under regulation 10 of the Merchant Shipping (Survey and Certification) Regulations 1995(4);
“EEA Agreement” means the Agreement on the European Economic Area signed at Oporto on 2nd May 1992 as adjusted by the Protocol signed at Brussels on 17th May 1993(5);
“EEA State” means a State which is a Contracting Party to the EEA Agreement;
“embarkation ladder” means a ladder provided at embarkation stations to permit safe access to survival craft after launching, complying with the requirements of Part 5 of Schedule 6;
“favourable weather” means fine, clear, settled weather with a sea state such as to cause only moderate rolling and/or pitching;
“general emergency alarm system” means a system complying with the requirements of Schedule 11;
“inflatable lifejacket” means a lifejacket complying with the requirements of Part 4 of Schedule 9;
“inflatable Civil Aviation Authority lifejacket” means a lifejacket which has been approved by the United Kingdom Civil Aviation Authority;
“inflated boat” means a boat suitable for rescuing persons in distress and marshalling liferafts, complying with the requirements of Schedule 3;
“instructions for on-board maintenance” means the instructions complying with the requirements of Part 2 of Schedule 14;
“international voyage” means a voyage from a country to which the International Convention for the Safety of Life at Sea 1974(6) applies to a port outside that country, or conversely;
“launching appliance” means a provision for safely transferring a lifeboat or rescue boat, liferaft or inflated boat, from its stowed position to the water, and recovery where applicable, complying with the requirements of Part 1 and the relevant requirements of Parts 2, 3 or 4 of Schedule 6;
“length” means 96% of the total length on a waterline of a ship at 85% of the least moulded depth measured from the top of the keel, or the length from the fore-side of the stem to the axis of the rudder stock on that waterline, if that be greater. In ships designed with a rake of keel the waterline on which this is measured shall be parallel to the designed waterline;
“lifeboat” means a lifeboat complying with the requirements of Parts 2 and 3 of Schedule 2;
“lifebuoy” means a lifebuoy complying with the requirements of Schedule 8;
“lifejacket” means a lifejacket complying with the requirements of Schedule 9;
“liferaft” means a liferaft complying with the requirements of Schedule 4;
“linethrowing appliance” means an appliance complying with the requirements of Part 5 of Schedule 7;
“marine escape system” means a system complying with the requirements of Schedule 5;
“Merchant Shipping Notice” means a Notice described as such and issued by the Maritime and Coastguard Agency of the Department of the Environment, Transport and the Regions;
“new ship” means a ship whose keel was laid, or which was at a similar stage of construction, after 31st October 1992;
“mile” means a nautical mile of 1852 metres;
“open reversible liferaft” means a liferaft complying with the requirements of Part 4 of Schedule 4;
“Organisation” means the International Maritime Organization;
“passenger ship” means a ship carrying more than 12 passengers;
“person” means a person over the age of one year;
“rescue boat” means a boat complying with the requirements of Parts 7 and 8 of Schedule 2 or Part 2 of Schedule 3, designed to rescue persons in distress and to marshal liferafts;
“restricted period” means a period falling wholly within the following limits–
(a)
from 1st April to 31st October, both dates inclusive; and
(b)
between one hour before sunrise and one hour after sunset in the case of ships fitted with navigation lights conforming to regulations for the prevention of collisions at sea made under section 85 of the Merchant Shipping Act 1995 and between sunrise and sunset in the case of any other ship;
“retro-reflective material” means a material which reflects in the opposite direction a beam of light directed on it, and complies with Marine Guidance Note No. M105;
“rocket parachute flare” means a pyrotechnic signal complying with the requirements of Part 2 of Schedule 7;
“satellite EPIRB” means an emergency position-indicating radio beacon, being an earth station in the mobile-satellite service, the emissions of which are intended to facilitate search and rescue operations and which is capable of–
(a)
floating free if the ship sinks;
(b)
being automatically activated when afloat;
(c)
being manually activated; and
(d)
being carried by one person;
“sea” does not include any waters of Category A, B, C or D;
“self-activating smoke signal” means a signal complying with the requirements of Part 5 of Schedule 8;
“self-igniting light” means a light complying with the requirements of Part 4 of Schedule 8;
“similar stage of construction” means the stage at which construction identifiable with the ship begins and assembly has commenced, comprising at least 50 tonnes or one per cent of the estimated mass of all structural materials, whichever is less;
“survival craft” means a craft capable of sustaining the lives of persons in distress from the time of abandoning the ship;
“training manual” means a manual complying with the requirements of Part 1 of Schedule 14;
“two-way radiotelephone apparatus” means a portable two-way VHF radiotelephone apparatus in survival craft for communication between survival craft, between survival craft and ship and between ship and rescue boat complying with, in the case of equipment installed before 23rd November 1996, performance standards adopted by the Organisation contained in Organisation Resolution A.726(18) and, in the case of equipment installed on or after 23rd November 1996, performance standards adopted by the Organisation contained in Organisation Resolution A.809(19);
“voyage” includes an excursion;
“waterproofed” means protected as far as is practicable from the ingress of water.
(3) (a) A reference to “the standard of survivability” is a reference to the standard of survivability given in column 4 of Table 1 or Table 2 of Schedule 2 of MSN 1699 and a figure in the brackets after the Table number is a reference to a row of that number in the Table;
(b)a reference to a one-compartment standard means a unity factor of subdivision and a reference to a two-compartment standard means a 0.5 factor of subdivision; and
(4) Any reference in these Regulations to–
(a)a British Standard;
(b)a Merchant Shipping Notice or a Marine Guidance Note;
(c)SOLAS; or
(d)any Resolution or DETR publication;
shall include–
(i)a reference to any document amending that publication which is considered by the Secretary of State to be relevant from time to time and is specified in a Merchant Shipping Notice, Marine Guidance Note or Marine Information Note; and
(ii)with respect to a British Standard, a reference to a relevant standard of an EEA State other than the United Kingdom.
Classification of ships
3. For the purposes of these Regulations passenger ships shall be arranged in Classes as follows–
Class III
ships engaged only on voyages in the course of which they are at no time more than 70 miles by sea from their port of departure nor more than 18 miles from the coast of the United Kingdom, and which are at sea only in favourable weather and during restricted periods;
Class IV
ships engaged only on voyages in Category A, B, C and D waters;
Class V
ships engaged only on voyages in Category A, B and C waters;
Class VI
ships engaged only on voyages with not more than 250 passengers on board, to sea, or in Category A, B, C and D waters, in all cases in favourable weather and during restricted periods, in the course of which the ships are at no time more than 15 miles, exclusive of any Category A, B, C and D waters, from their point of departure nor more than 3 miles from land; and
Class VI(A)
ships carrying not more than 50 passengers for a distance of not more than 6 miles on voyages to or from isolated communities on the islands or coasts of the United Kingdom and which do not proceed for a distance of more than 3 miles from land.
Application and exemptions
4.—(1) These Regulations apply to ships when operating as passenger ships of Classes III, IV, V, VI and VI(A) on voyages, other than international voyages, wholly or partly within United Kingdom waters.
(2) For existing ships, notwithstanding anything in these Regulations, life-saving appliances already fitted which comply with the standards laid down in the Schedules to the Merchant Shipping (Life-Saving Appliances) Regulations 1980(7) (as if those Regulations had not been revoked) will be treated as meeting the provisions of these Regulations, so far as they require or permit as an option, appliances of that kind.
(3) The Secretary of State may exempt any ship or description of ships from all or any of the provisions of these Regulations (as may be specified in the exemption) if he is satisfied that compliance with such provision is either impracticable or unreasonable in the case of that ship or description of ships on such terms (if any) as he may specify and may, subject to giving reasonable notice, alter or cancel any such exemption.
PART IISHIPS OF CLASSES III TO VI(A)
Ships of Class III
5.—(1) This regulation applies to ships of Class III.
(2) Every ship shall carry the appliances specified in column (4) of the capacity specified in column (5) in relation to a ship specified in columns (1) to (3) of the following table–
(1)
(2)
(3)
(4)
(5)
Type of ship
Number of passengers ship is certified to carry
Standard of survivability ship complies with
Life-Saving Appliances (LSA)
Minimum aggregate percentage of LSA for the total number of persons the ship is certified to carry
i New passenger ship
Not more than 250
Table 1, (1) (one-compartment standard)
Lifeboats, liferafts or open reversible liferafts
110
ii New passenger ship
More than 250
Table 1, (2) (two-compartment standard)
Lifeboats, liferafts or open reversible liferafts
110
iii Existing passenger ship
Not more than 250
Table 2, (1) (one-compartment standard)
Lifeboats, liferafts or open reversible liferafts
110
iv Existing passenger ship
More than 250
Table 2, (2) (two-compartment standard)
Lifeboats, liferafts or open reversible liferafts
110
v Existing passenger ship
More than 250
Table 2, (3) (one-compartment standard)
Lifeboats, liferafts or open reversible liferafts
125
(3) At least one rescue boat or inflated boat shall be provided.
(4) The number of lifeboats, rescue boats or inflated boats shall be sufficient to ensure that in providing for abandonment by the total number of persons the ship is certified to carry, not more than nine liferafts or open reversible liferafts need to be marshalled by each lifeboat or rescue boat or inflated boat.
(5) Lifeboats, liferafts and open reversible liferafts shall, as far as practicable, be equally distributed on each side of the ship.
(6) The lifeboats required by paragraph (2) and the rescue boat or inflated boat required by paragraph (3) shall be served by their own launching appliances and be capable of launching and recovery.
(7) Every ship shall carry–
(a)at least 3 waterproofed two-way radiotelephone apparatus;
(b)a satellite EPIRB; and
(c)at least 8 lifebuoys;
(d)a lifejacket suitable for a person weighing 32 kilogrammes or more for each such person on board and a lifejacket suitable for a person weighing less than 32 kilogrammes for each such person on board;
(e)not less than 12 rocket parachute flares; and
(f)a line-throwing appliance.
(8) At least one lifebuoy on each side of the ship shall be fitted with a buoyant lifeline. Two lifebuoys shall be provided with self-activating smoke signals and be capable of quick release from the navigating bridge;
(9) Included in the number of lifejackets required by subparagraph (7)(d) there shall be at least sufficient inflatable lifejackets for the crew of the rescue boat or inflated boat.
(10) Every ship shall be provided with–
(a)a general emergency alarm system;
(b)posters or signs in accordance with the requirements of regulation 12;
(c)a training manual;
(d)instructions for on-board maintenance of life-saving appliances or a shipboard planned maintenance programme which includes the maintenance of life-saving appliances; and
(e)a copy of the table Life-Saving Signals and Rescue Methods, “SOLAS No. 1” published by the Department of the Environment, Transport and the Regions, on the bridge.
Ships of Class IV
6.—(1) This regulation applies to ships of Class IV.
(2) Every ship shall carry the appliances specified in column (4) of the capacity specified in column (5) in relation to a ship specified in columns (1) to (3) of the following table–
(1)
(2)
(3)
(4)
(5)
Type of ship
Number of passengers ship is certified to carry
Standard of survivability ship complies with
Life-Saving Appliances (LSA)
Minimum aggregate percentage of LSA for the total number of persons the ship is certified to carry
i New passenger ship
Not more than 250
Table 1, (3) (one-compartment standard)
Lifeboats, liferafts or open reversible liferafts
100
AND buoyant apparatus
10
ii New passenger ship
More than 250
Table 1, (4) (two-compartment standard)
Lifeboats, liferafts or open reversible liferafts
100
AND buoyant apparatus
10
iii Existing passenger ship
Not more than 250
Table 2, (4) (one-compartment standard)
Lifeboats, liferafts or open reversible liferafts
70
AND buoyant apparatus
40
iv Existing passenger ship
More than 250
Table 2, (5) (two-compartment standard)
Lifeboats, liferafts or open reversible liferafts
70
AND buoyant apparatus
40
v Existing passenger ship
More than 250
Table 2, (6) (one-compartment standard)
Lifeboats, liferafts or open reversible liferafts
100
AND buoyant apparatus
50
(3) At least one rescue boat or inflated boat shall be provided. The number of lifeboats, rescue boats or inflated boats shall be sufficient to ensure that, in providing for abandonment by the total number of persons the ship is certified to carry, not more than nine liferafts or open reversible liferafts need be marshalled by each lifeboat or rescue boat or inflated boat.
(4) Lifeboats, liferafts and open reversible liferafts shall, as far as practicable, be equally distributed on each side of the ship.
(5) The lifeboats required by paragraph (2) and the rescue boat or inflated boat required by paragraph (3) shall be served by their own launching appliances and be capable of launching and recovery.
(6) Every ship shall carry–
(a)at least 2 waterproofed two-way radiotelephone apparatus, except when the crew number more than five when at least 3 such sets shall be provided;
(b)at least the number of lifebuoys determined in accordance with the following table–
Number of passengers for which the ship is certified to carry
Number of lifebuoys
not more than 250
4
more than 250
8
(c)a lifejacket suitable for a person weighing 32 kilogrammes or more for each such person on board and a lifejacket suitable for a person weighing less than 32 kilogrammes for each such person on board;
(d)not less than 12 rocket parachute flares; and
(e)a line-throwing appliance, provided that in lieu of four projectiles and four lines required by Part V of Schedule 7, two projectiles and two lines may be substituted.
(7) At least one lifebuoy on each side of the ship shall be fitted with a buoyant lifeline and not less than 50 per cent of the total number of lifebuoys shall be provided with self-igniting lights of which at least two shall also be provided with self-activating smoke signals and be capable of quick release from the navigating bridge: except that self-igniting lights need not be provided on ships which operate only between sunrise and sunset;
(8) Included in the number of lifejackets required by subparagraph (6)(c) there shall be sufficient inflatable lifejackets for the crew of the rescue boat or inflated boat.
(9) Every ship shall be provided with–
(a)a general emergency alarm system;
(b)posters or signs in accordance with the requirements of regulation 12;
(c)a training manual; and
(d)instructions for on-board maintenance of life-saving appliances or a shipboard planned maintenance programme which includes the maintenance of life-saving appliances.
Ships of Class V
7.—(1) This regulation applies to ships of Class V, and
(a)only paragraphs (2) and (3) apply to ships which operate within Category A waters only and which comply with the standard of survivability specified in Table 1(5) or Table 2(7) (heel test);
(b)only paragraphs (4) and (5) apply to ships which operate within Category A and B waters; and
(c)only paragraphs (8) to (11) apply to ships which operate within Category A, B and C waters.
(2) Every ship to which this paragraph applies shall carry–
(a)in addition to the requirements of subparagraph (b), lifebuoys to support 10 per cent of the total number of persons which the ship is certified to carry, each lifebuoy being capable of supporting two persons; and
(b)at least the number of lifebuoys determined in accordance with the following table–
Number of passengers for which the ship is certified to carry
Number of lifebuoys
not more than 250
4
more than 250
8
At least one lifebuoy on each side of the ship shall be fitted with a buoyant lifeline and not less than 50 per cent of the total lifebuoys shall be provided with self-igniting lights: except that self-igniting lights need not be provided on ships which operate only between sunrise and sunset.
(3) Every such ship shall be provided with:
(a)suitable arrangements for the recovery of persons from the water; and
(b)a general emergency alarm system.
(4) (a) Every ship to which this paragraph applies shall carry the appliances specified in column (4) of the capacity specified in column (5) in relation to a ship specified in columns (1) to (3) of the following table–
(1)
(2)
(3)
(4)
(5)
Type of ship
Number of passengers ship is certified to carry
Standard of survivability ship complies with
Life-Saving Appliances (LSA)
Minimum aggregate percentage of LSA for the total number of persons the ship is certified to carry
i New passenger ship
Not more than 50
Table 1, (6) (one-compartment standard)
Liferafts or open reversible liferafts
60
OR *buoyant apparatus
60
ii New passenger ship
Not more than 50
Table 1, (7) (Buoyancy Test)
Liferafts or open reversible liferafts
100
OR *buoyant apparatus
60
iii New passenger ship
More than 50 but not more than 250
Table 1, (8) (one-compartment standard)
†Lifeboats, liferafts or open reversible liferafts
60
OR *buoyant apparatus
60
iv New passenger ship
More than 250
Table 1, (9) (two-compartment standard)
†Lifeboats, liferafts or open reversible liferafts
60
OR *buoyant apparatus
60
v Existing passenger ship
Not more than 50
Table 2, (8) (one-compartment standard)
Liferafts or open reversible liferafts
60
OR *buoyant apparatus
60
vi Existing passenger ship
Not more than 50
Table 2, (9) (Buoyancy Test)
Liferafts or open reversible liferafts
100
OR *buoyant apparatus
100
vii Existing passenger ship
Not more than 50
Table 2, (10) (Heel Test)
Liferafts or open reversible liferafts
50
AND *buoyant apparatus
50
viii Existing passenger ship
More than 50 but not more than 250
Table 2, (11) (one-compartment standard)
†Lifeboats, liferafts or open reversible liferafts
60
OR *buoyant apparatus
60
ix Existing passenger ship
More than 50 but not more than 250
Table 2, (12) (Buoyancy Test)
†Lifeboats, liferafts or open reversible liferafts
100
OR *buoyant apparatus
100
x Existing passenger ship
More than 50 but not more than 250
Table 2, (13) (Heel Test)
†Lifeboats, liferafts or open reversible liferafts
50
AND *buoyant apparatus
50
xi Existing passenger ship
More than 250
Table 2, (14) (two-compartment standard)
†Lifeboats, liferafts or open reversible liferafts
60
OR *buoyant apparatus
60
xii Existing passenger ship
More than 250
Table 2, (15) (one-compartment standard)
†Lifeboats, liferafts or open reversible liferafts
100
OR *buoyant apparatus
100
xiii Existing passenger ship
More than 250
Table 2, (16) (Buoyancy Test)
†Lifeboats, liferafts or open reversible liferafts
50
AND *buoyant apparatus
50
* The Buoyant Apparatus shown in columns (4) and (5) may be substituted by lifebuoys up to a maximum of 60 per cent of the vessel’s buoyant apparatus requirement, with each such lifebuoy being suitable to support two persons.
† Lifeboats, where fitted, shall be served by their own launching appliances and be capable of launching and recovery.
(b)Where liferafts are carried they shall, as far as practicable, be equally distributed on each side of the ship.
(5) Suitable arrangements shall be provided on board for the recovery of persons from the water.
(6) Every ship shall carry–
(a)at least 2 waterproofed two-way radiotelephone apparatus except where only buoyant apparatus is fitted, when these shall not be required;
(b)at least the number of lifebuoys determined in accordance with the following table–
Number of passengers the ship is certified to carry
Number of lifebuoys
not more than 250
4
more than 250
8
At least one lifebuoy on each side of the ship shall be fitted with a buoyant lifeline and not less than 50 per cent of the total number of lifebuoys shall be provided with self-igniting lights of which at least two shall be capable of quick release from the navigating bridge: except that self-igniting lights need not be provided on ships which operate only between sunrise and sunset.
(7) Every ship shall be provided with–
(i)a general emergency alarm system;
(ii)posters or signs in accordance with the requirements of regulation 12;
(iii)a training manual; and
(iv)instructions for on-board maintenance of life-saving appliances or a shipboard planned maintenance programme which includes the maintenance of life-saving appliances.
(8) (a) Every ship shall carry the appliances specified in column (4) of the capacity specified in column 5 in relation to a ship specified in columns (1) to (3) of the following table–
(1)
(2)
(3)
(4)
(5)
Type of ship
Number of passengers ship is certified to carry
Standard of survivability ship complies with
Life-Saving Appliances (LSA)
Minimum aggregate percentage of LSA for the total number of persons the ship is certified to carry
i New passenger ship
Not more than 50
Table 1, (10) (one-compartment standard)
Liferafts or open reversible liferafts
60
OR *buoyant apparatus
60
ii New passenger ship
Not more than 50
Table 1, (11) (Buoyancy Test)
Liferafts or open reversible liferafts
100
OR *buoyant apparatus
100
iii New passenger ship
More than 50 but not more than 250
Table 1, (12) (one-compartment standard)
†Lifeboats, liferafts or open reversible liferafts
70
AND *buoyant apparatus
40
iv New passenger ship
More than 250
Table 1, (13) (two-compartment standard)
†Lifeboats, liferafts or open reversible liferafts
70
AND *buoyant apparatus
40
v Existing passenger ship
Not more than 50
Table 2, (17) (one-compartment standard)
Liferafts or open reversible liferafts
60
OR *buoyant apparatus
60
vi Existing passenger ship
Not more than 50
Table 2, (18) (Buoyancy Test)
Liferafts or open reversible liferafts
100
OR *buoyant apparatus
100
vii Existing passenger ship
Not more than 50
Table 2, (19) (Heel Test)
Liferafts or open reversible liferafts
100
AND *buoyant apparatus
10
viii Existing passenger ship
More than 50 but not more than 250
Table 2, (20) (one-compartment standard)
†Lifeboats, liferafts or open reversible liferafts
40
AND *buoyant apparatus
70
ix Existing passenger ship
More than 50 but not more than 250
Table 2, (21) (Buoyancy Test)
†Lifeboats, liferafts or open reversible liferafts
60
AND *buoyant apparatus
50
x Existing passenger ship
More than 50 but not more than 250
Table 2, (22) (Heel Test)
†Lifeboats, liferafts or open reversible liferafts
100
AND *buoyant apparatus
10
xi Existing passenger ship
More than 250
Table 2, (23) (two-compartment standard)
†Lifeboats, liferafts or open reversible liferafts
40
AND *buoyant apparatus
70
xii Existing passenger ship
More than 250
Table 2, (24) (Buoyancy Test)
†Lifeboats, liferafts or open reversible liferafts
60
AND *buoyant apparatus
50
xiii Existing passenger ship
More than 250
Table 2, (25) (Buoyancy Test)
†Lifeboats, liferafts or open reversible liferafts
100
AND *buoyant apparatus
10
* The buoyant apparatus shown in columns (4) and (5) may be substituted by lifebuoys up to a maximum of 60 per cent of the vessel’s buoyant apparatus requirement with each such lifebuoy being suitable to support two persons.
† Lifeboats, where fitted, shall be served by their own launching appliances and be capable of launching and recovery.
(b)Where liferafts are provided they shall, as far as practicable, be equally distributed on each side of the ship.
(9) Suitable arrangements shall be provided on board for the recovery of persons from the water.
(10) Every ship shall carry–
(a)at least 2 waterproofed two-way radiotelephone apparatus except where buoyant apparatus only is fitted, when these shall not be required;
(b)at least the number of lifebuoys determined in accordance with the following table–
Number of passengers the ship is certified to carry
Number of lifebuoys
not more than 250
4
more than 250
8
At least one lifebuoy on each side of the ship shall be fitted with a buoyant lifeline and not less than 50 per cent of the total number of lifebuoys shall be provided with self-igniting lights. In the case of a ship carrying more than 250 passengers not less than two of the lifebuoys provided with such lights shall also be provided with self-activating smoke signals and be capable of quick release from the navigating bridge: except that self-igniting lights need not be provided on ships which only operate between sunrise and sunset.
(c)for each person on board one of the following–
(i)a lifejacket suitable for a person weighing 32 kilogrammes or more;
(ii)a lifejacket suitable for a person weighing less than 32 kilogrammes for each such person on board;
(iii)a buoyancy aid suitable for a person weighing 32 kilogrammes or more, and a buoyancy aid suitable for a person weighing less than 32 kilogrammes;
(iv)a lifejacket complying with British Standard Specification EN 394 and 396:1994 provided such lifejackets do not depend wholly upon oral inflation. Lifejackets of the partially inherently buoyant type for persons weighing 32 kilogrammes or more shall have buoyancy in the uninflated state of not less than 89 Newtons; or
(v)an inflatable Civil Aviation Authority lifejacket which complies with Part 5 of Schedule 9.
(11) Every ship shall be provided with–
(i)a general emergency alarm system;
(ii)posters or signs in accordance with the requirements of regulation 12;
(iii)a training manual; and
(iv)instructions for on-board maintenance of life-saving appliances or a shipboard planned maintenance programme which includes the maintenance of life-saving appliances.
Ships of Class VI
8.—(1) This regulation applies to ships of Class VI, and
(a)only paragraph (2) applies to ships of Class VI as defined in regulation 3 with the substitution for “15 miles” and “3 miles” of “10 miles” and “1 mile” respectively; and
(b)only paragraph (3) applies to other ships of Class VI;
(2) (a) Every ship shall carry the appliances specified in column (4) of the capacity specified in column 5 in relation to a ship specified in columns (1) to (3) of the following table–
(1)
(2)
(3)
(4)
(5)
Type of ship
Number of passengers ship is certified to carry
Standard of survivability ship complies with
Life-Saving Appliances (LSA)
Minimum aggregate percentage of LSA for the total number of persons the ship is certified to carry
i New passenger ship
Not more than 100
Table 1, (14) (one-compartment standard)
Buoyant apparatus
100
OR Table 1, (15) (Buoyancy Test)
ii New passenger ship
More than 100 but not more than 250
Table 1, (15) (one-compartment standard)
Liferafts or open reversible liferafts
40
AND buoyant apparatus
60
iii Existing passenger ship
Not more than 100
Table 2, (26) (one-compartment ship) OR Table 2, (27) (Buoyancy Test)
Buoyant apparatus
100
iv Existing passenger ship
Not more than 100
Table 2, (27) (Heel Test)
Liferafts or open reversible liferafts
50
AND buoyant apparatus
50
v Existing passenger ship
More than 100 but not more than 250
Table 2, (28) (one-compartment standard)
Liferafts or open reversible liferafts
40
OR Table 2, (28) (Buoyancy Test)
AND buoyant apparatus
60
(b)Where liferafts are provided this shall, as far as practicable, be equally distributed on each side of the ship.
(c)Suitable arrangements shall be provided on board for the recovery of persons from the water.
(d)Every ship shall carry–
(i)at least 3 waterproofed two-way radiotelephone apparatus except where only buoyant apparatus is fitted when these shall not be required;
(ii)at least 4 lifebuoys, with at least one on each side of the ship fitted with a buoyant lifeline and the remainder provided with a self-activating smoke signal and capable of quick release from the navigation bridge;
(iii)for each person on board one of the following–
(aa)a lifejacket suitable for a person weighing 32 kilogrammes or more;
(bb)a lifejacket suitable for a person weighing less than 32 kilogrammes;
(cc)a buoyancy aid suitable for a person weighing 32 kilogrammes or more and a buoyancy aid suitable for a person weighing less than 32 kilogrammes;
(dd)a lifejacket complying with British Standard Specification BS EN 394 and 396:1994: provided such lifejackets do not depend wholly upon oral inflation. Lifejackets of the partially inherently buoyant type for persons weighing 32 kilogrammes or more shall have buoyancy in the uninflated state of not less than 89 Newtons; or
(ee)an inflatable Civil Aviation Authority lifejacket which complies with Part 5 of Schedule 9; and
(iv)not less than 12 rocket parachute flares.
(e)Every ship shall be provided with–
(i)a general emergency alarm system;
(ii)posters or signs in accordance with the requirements of regulation 12;
(iii)a training manual; and
(iv)instructions for on-board maintenance of life-saving appliances or a shipboard planned maintenance programme which includes maintenance of life-saving appliances.
(3) (a) Every ship to which this paragraph applies shall carry the lifesaving appliances specified in column (4) of the capacity specified in column (5) in relation to a ship specified in columns (1) to (3) of the following table–
(1)
(2)
(3)
(4)
(5)
Type of ship
Number of passengers ship is certified to carry
Standard of survivability ship complies with
Life-Saving Appliances (LSA)
Minimum aggregate percentage of LSA for the total number of persons the ship is certified to carry
i New passenger ship
Not more than 250
Table 1, (16) (one-compartment standard)
Liferafts or open reversible liferafts
60
AND buoyant apparatus
40
ii Existing passenger ship
Not more than 250
Table 2, (29) (one-compartment standard)
Liferafts or open reversible liferafts
60
OR Table 2, (29) (Buoyancy Test)
AND buoyant apparatus
40
iii Existing passenger ship
Not more than 250
Table 2, (30) (Heel Test)
Liferafts or open reversible liferafts
100
(b)Where liferafts are provided they shall, as far as practicable, be equally distributed on each side of the ship.
(c)Suitable arrangements shall be provided on board for the recovery of persons from the water.
(d)Every ship shall carry–
(i)at least 3 waterproofed two-way radiotelephone apparatus;
(ii)at least 4 lifebuoys, with at least one lifebuoy on each side of the ship fitted with a buoyant lifeline and the remainder provided with self-activating smoke signals and capable of quick release from the navigating bridge; and
(iii)for each person on board one of the following–
(aa)a lifejacket suitable for a person weighing 32 kilogrammes or more;
(bb)a lifejacket suitable for a person weighing less than 32 kilogrammes for each such person on board; or
(cc)buoyancy aid suitable for a person weighing 32 kilogrammes or more and a buoyancy aid suitable for a person weighing less than 32 kilogrammes; or
(dd)a lifejacket complying with British Standard Specification BS EN 394 and 396: 1994: provided such lifejackets do not depend wholly upon oral inflation. Lifejackets of the partially inherently-buoyant type for persons weighing 32 kilogrammes or more shall have buoyancy in the uninflated state of not less than 89 newtons; or
(ee)an inflatable Civil Aviation Authority lifejacket which complies with Part 5 of Schedule 9; and
(iv)not less than 12 rocket parachute flares.
(e)Every ship shall be provided with–
(i)a general emergency alarm system;
(ii)posters or signs in accordance with the requirements of regulation 12;
(iii)a training manual; and
(iv)instructions for on-board maintenance of life-saving appliances or a shipboard planned maintenance programme which includes maintenance of life-saving appliances.
Ships of Class VI(A)
9.—(1) This regulation applies to ships of Class VI(A).
(2) (a) Every ship shall carry the lifesaving appliances specified in column (4) of the capacity specified in column (5) in relation to a ship specified in columns (1) to (3) of the following table–
(1)
(2)
(3)
(4)
(5)
Type of ship
Number of passengers ship is certified to carry
Standard of survivability ship complies with
Life-Saving Appliances (LSA)
Minimum aggregate percentage of LSA for the total number of persons the ship is certified to carry
i New passenger ship
Not more than 50
Table 1, (17) (one-compartment standard)
Liferafts or open reversible liferafts
100
ii Existing passenger ship
Not more than 50
Table 2, (31) (one-compartment standard)
Liferafts or open reversible liferafts
100
iii Existing passenger ship
Not more than 50
Table 2, (32) (Buoyancy Test)
Liferafts or open reversible liferafts
100
AND Buoyant apparatus
60
(b)Where liferafts are provided they shall, as far as practicable, be equally distributed on each side of the ship.
(c)Suitable arrangements shall be provided on board for the recovery of persons from the water.
(d)Every ship shall carry–
(i)at least 3 waterproofed two-way radiotelephone apparatus;
(ii)at least 4 lifebuoys, with at least one lifebuoy on each side of the ship fitted with a lifebuoy lifeline and the remainder provided with self-igniting lights and self-activating smoke signals and capable of quick release from the navigating bridge: except that self-igniting lights need not be provided on ships which operate only between sunrise and sunset;
(iii)for each person on board either of the following–
(aa)a lifejacket suitable for a person weighing 32 kilogrammes or more;
(bb)a lifejacket suitable for a person weighing less than 32 kilogrammes for each such person on board; or
(cc)a lifejacket complying with British Standard Specification BS EN 394 and 396: 1994: provided such lifejackets do not depend wholly on oral inflation. Lifejackets of the partially inherently buoyant type for persons weighing 32 kilogrammes or more shall have buoyancy in the uninflated state of not less than 89 newtons; and
(iv)not less than 12 rocket parachute flares.
(e)Every ship shall be provided with–
(i)a general emergency alarm system;
(ii)posters or signs in accordance with the requirements of regulation 12;
(iii)a training manual; and
(iv)instructions for on-board maintenance of life-saving appliances or a shipboard planned maintenance programme which includes maintenance of life-saving appliances.
PART IIIGENERAL REQUIREMENTS
Approval and replacement of appliances and arrangements
10.—(1) Life-saving appliances and arrangements required by these Regulations shall be of a type which has been approved by the Secretary of State, or by persons specified in Merchant Shipping Notice No. M 1734 or M 1735 as appropriate in relation to that equipment or arrangement or by a Notified Body appointed by a member State in accordance with Council Directive 96/98/EC of 20th December 1996 on Marine Equipment(8).
(2) (a) Any such approval given pursuant to these Regulations shall be given in writing and shall specify the conditions (if any) on which it is given.
(b)Any such approval may, on giving reasonable notice, be cancelled, or have its terms altered.
(3) Any item of life-saving equipment marked with an expiry date shall be replaced on or before that date: except that such items contained in the emergency pack of an inflatable liferaft or open reversible liferaft may be retained for a further six months beyond the expiry date.
Operational readiness, maintenance, inspections and servicing
11.—(1) All life-saving appliances shall be in working order and ready for immediate use before any ship to which these Regulations apply commences a voyage, and at all times during the voyage.
(2) Maintenance of life-saving appliances shall be carried out in accordance with the instructions for on-board maintenance set out in, or in accordance with, a shipboard planned maintenance programme which takes into account the requirements of Part 2 of Schedule 14.
(3) Falls used in launching shall be turned end-for-end at regular intervals.
(4) The following tests and inspections shall be carried out weekly–
(a)all survival craft, rescue boats or inflated boats and launching appliances shall be visually inspected to ensure that they are ready for use;
(b)the engine in the lifeboat, rescue boat or inflated boat shall be run ahead and astern; and
(c)where fitted, the general emergency alarm system shall be tested.
(5) Inspection of the live-saving appliances, including lifeboat equipment, shall be carried out monthly in accordance with the instructions for on-board maintenance referred to in paragraph (2).
(6) Launching appliances, including winches and brakes, lifeboat disengaging gears, liferaft automatic release hooks and rescue boat release gears shall be serviced and tested at regular intervals. At least once every 5 years the rescue boats and lifeboats shall be turned out and lowered when loaded with weights to simulate 1.1 times the total mass of the lifeboat when loaded with its full complement of persons and equipment. During this test the winch brake shall be dynamically tested in accordance with Schedule 6, Part 1, paragraph 5.2.2.
(7) Every inflated boat, inflated rescue boat, rigid inflated rescue boat, inflatable liferaft, open reversible liferaft, inflatable lifejacket and hydrostatic release unit shall be serviced at intervals not exceeding 12 months and at a service station approved by the Secretary of State: except disposable hydrostatic release units which have been approved for a service life of 2 years.
Operating instructions for launching lifeboats and liferafts
12. Except for ships of Class V operating in Category A waters, posters and signs shall be provided on or in the vicinity of lifeboats, liferafts or their launching arrangements to illustrate the purpose of the controls and the procedures for launching and bowsing-in the lifeboats and liferafts.
Embarkation arrangements for liferafts
13. Where the distance between the embarkation deck and the top of a liferaft buoyancy tube exceeds 1 metre when the ship is in the lightest seagoing condition a three string embarkation ladder shall be provided at each liferaft boarding station. Where such a distance exceeds 4.5 metres at least one launching appliance or a marine escape system chute and a boarding platform shall be provided on each side of the ship.
Launching stations for lifeboats and liferafts
14.—(1) A launching station for lifeboats and liferafts (including open reversible liferafts) shall be in such a position as to ensure safe launching having particular regard to its clearance from the propeller and steeply overhanging portions of the hull so that, as far as practicable, lifeboats and liferafts can be launched down the straight side of the ship. If positioned forward survival craft shall be stowed abaft the collision bulkhead in a sheltered position.
(2) Handling of lifeboats or liferafts at any one launching station shall not interfere with the handling of lifeboats or liferafts at another launching station.
(3) Means shall be available to prevent any over-board discharge of water on to lifeboats and liferafts during abandonment of the ship.
Embarkation, launching and recovery arrangements for rescue boats and inflated boats
15.—(1) Embarkation and launching arrangements for rescue boats and inflated boats shall be such that each boat can be boarded and launched in the shortest possible time.
(2) Each rescue boat and each inflated boat shall be provided with an appliance which is capable of launching and recovering the boat.
(3) Means shall be available to prevent any over-board discharge of water falling on to rescue boats or inflated boats during abandonment of the ship.
PART IVSTOWAGE AND HANDLING
Stowage of liferafts, lifeboats, rescue boats and inflated boats
16.—(1) (a) All liferafts shall be stowed so that they can be released from one position on the ship or alternatively so that the liferafts on each side of the ship can be released from one position on that side.
(b)Such position or positions shall be in or adjacent to the position from which the ship is steered.
(c)The stowage and release arrangements shall be such that each liferaft automatically inflates on reaching the water.
(d)The liferafts shall be suitably stowed in order that they will not interfere with the launching of lifeboats, rescue boats or other liferafts including bowsing-in arrangements.
(2) Liferafts shall be stowed, as far as practicable, in a secure and sheltered position.
(3) (a) Every liferaft shall be stowed:
(b)with its painter permanently attached to the ship,
(c)with a float-free arrangement so that the liferaft floats free and inflates automatically when the ship sinks, and
(d)so that the liferaft can be manually released from its securing arrangements.
(4) (a) The float-free arrangement shall comply with the requirements of Part 8 of Schedule 4, and shall be capable of being activated in the depths of water in which the ship operates.
(b)Where the depth of water is restricted alternative arrangements may be fitted for this float-free capability.
(5) Lifeboats, rescue boats and inflated boats shall be stowed:
(a)in a state of continuous readiness for launching;
(b)in a position suitable for launching and recovery; and
(c)so that neither they nor their stowage arrangements will interfere with the operation of any liferaft or open reversible liferaft at any other launching station.
Stowage of lifebuoys
17.—(1) Lifebuoys shall be so distributed as to be readily available on both sides of the ship and, as far as practicable, on all open decks extending to the ship’s side. At least one lifebuoy shall be placed in the vicinity of the stern.
(2) Lifebuoys shall not be permanently secured in any way and shall be so stowed as to be capable of being rapidly cast loose.
(3) Lifebuoys with lights and those with both lights and smoke signals shall, so far as practicable, be equally distributed on both sides of the ship.
Stowage of lifejackets
18. Lifejackets shall be so placed as to be readily accessible and their positions shall be clearly indicated.
Stowage of two-way radio telephone sets
19. Two-way telephone sets for survival craft required to be carried in compliance with these Regulations shall be stowed in a protected and easily accessible position ready to be moved to any survival craft in an emergency.
Stowage and packing of pyrotechnic signals
20.—(1) Pyrotechnic signals provided for use on board ship shall be stowed on or near the navigating bridge. In the case of a line-throwing appliance which includes a pistol, the pistol line and rockets together with the means of ignition shall be stowed in a container which provides protection from the weather.
(2) All pyrotechnic signals provided for use on board ships shall be packed in a watertight container. These signals and those provided for use in liferafts shall not be packed in plastic envelopes.
Manning of liferafts and rescue boats
21. For every two liferafts carried there shall be at least one crew member trained to supervise the donning of lifejackets and the launching, bowsing-in and boarding of the liferafts. There shall be at least two such trained crew members to launch and recover the rescue boat or inflated boat.
Retro-reflective material
22. Life-saving appliances shall be fitted with retro-reflective material, and the dimensions and location of the material shall be as specified in Merchant Shipping Notice No. M.1444.
PART VMISCELLANEOUS PROVISIONS
Equivalents
23.—(1) Where these Regulations require that a particular fitting, material, appliance or apparatus, or type thereof, shall be fitted or carried in a ship, or that any particular provision shall be made, the Secretary of State may permit any other fitting, material, appliance or apparatus or type thereof to be fitted or carried, or any other provision to be made in that ship if he is satisfied by trial thereof or otherwise that such other fitting, material, appliance or apparatus, or type thereof, or provision is at least as effective as that required by these Regulations.
(2) For the purpose of these Regulations and Merchant Shipping Notices MSN 1676 (M) and MSN 1677 (M) the results or a verification of test shall be accepted if the verification or test is carried out–
(a)in accordance with these Regulations or with a standard, code of practice, specification or technical description of a member State of the EEA, other than the United Kingdom, offering equivalent levels of safety, survivability and fitness for purpose; and
(b)by a body or laboratory of a member State of the EEA, other than the United Kingdom, offering suitable and satisfactory guarantees of technical and professional competence and independence.
Penalties
24.—(1) If a ship proceeds, or attempts to proceed, on any voyage without complying with the requirements of these Regulations, the owner and master of the ship shall each be guilty of an offence in respect of each case of non-compliance and liable on summary conviction to a fine not exceeding the statutory maximum or on conviction on indictment, to imprisonment for a term not exceeding two years, or a fine, or both.
(2) It shall be a defence to a charge under this regulation to prove that the person charged took all reasonable steps to avoid commission of the offence.
Power to detain
25. In any case where a ship does not comply with the requirements of these Regulations, the ship shall be liable to be detained and section 284(1) to (3) and (8) of the Merchant Shipping Act 1995(9) (which relates to the detention of a ship) shall have effect in relation to the ship, subject to the modification that as if for the words “this Act” there were substituted the “Merchant Shipping (Life-Saving Appliances for Passenger Ships of Classes III to VI(A)) Regulations 1999”.
Signed by authority of the Secretary of State for the Environment, Transport and the Regions
Keith Hill
Parliamentary Under Secretary of State,
Department of the Environment, Transport and the Regions
30th September 1999
Explanatory Note
(This note is not part of the Regulations)
1. These Regulations apply from 29th October 1999 to all passenger ships of Classes III, IV, V, VI and VI(A). They revoke and replace the Merchant Shipping (Life-Saving Appliances for Passenger Ships of Classes III to VI(A)) Regulations 1992.
2. These Regulations set out the carriage of life-saving appliances on these Classes of ship taking into account the restricted service in which these Classes of passenger ships are engaged. No significant changes have been made to the standards of the previous Regulations but the details of technical requirements are now contained in a Merchant Shipping Notice.
3. A number of the detailed technical requirements and specifications are now contained in Merchant Shipping Notices MSN 1676 (M) and 1677 (M).
4. A compliance cost assessment has been prepared and copies can be obtained from the Maritime and Coastguard Agency, Spring Place, 105 Commercial Road, Southampton SO15 1EG. A copy has been placed in the library of each House of Parliament.
5. Copies of the table “Life-Saving Signals and Rescue Methods, SOLAS No. 1” referred to in these Regulations may be obtained from The Stationery Office Limited, Publications Centre at PO Box 276, London SW8 5DT.
6. Merchant Shipping Notices are obtainable from Eros Marketing Support Services Ltd, Delta House, Imber Court Trading Estate, Orchard Lane, East Molesey, Surrey KT8 0BN (Tel. No. 0181 957 5028). British or International Standards are obtainable from the British Standards Institution, 389 Chiswick High Road, London W4 4AL.
7. The Safety of Life at Sea Convention 1974 may be obtained from the International Maritime Organization, 4 Albert Embankment, London SE1 7SR.
(1)
1995 c. 21; sections 85 and 86 were amended by the Merchant Shipping and Maritime Security Act 1997 (c. 8), section 8.
(2)
S.I. 1992/2359.
(3)
S.I. 1984/97.
(4)
S.I. 1995/1210, to which there are amendments not relevant to these Regulations.
(5)
Cm. 2073.
(6)
Cmnd. 7874.
(7)
S.I. 1980/538, as amended by S.I. 1981/577, 1986/1072 and 1991/1300.
(8)
O.J. No. L46, 17.2.97, p. 26.
(9)
Section 284 was amended by the Merchant Shipping and Maritime Security Act 1997, Schedule 1.
