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Code of Practice
1. Foreword
1.4 This Code of Practice succeeds and replaces "The safety of sail training ships - A Code of Practice" which was published by the Marine Directorate of the Department of Transport in 1990. Sail training ships considered previously under that Code should be considered under this Code in the future, in accordance with the arrangements provided by section 27.3 of the Code. This Code has a companion Code which deals with motor vessels. Reference may be made to the companion Code when a motor assisted sailing vessel has a significant motor propulsion installation.
2.4 The Code has been developed for application to United Kingdom sailing vessels of up to 24 metres Load Line length which are engaged at sea in activities on a commercial basis and which do not carry cargo or more than 12 passengers.
3.4 It should be noted, however, that the class assigned to a United Kingdom vessel is very much dependant upon the terms on which those persons forming the crew have been appointed. It is therefore important to study the contents of Merchant Shipping Notice No. M.1194 which is reproduced in Annex 1.
4.4 The Merchant Shipping (Vessels in Commercial Use for Sport or Pleasure) Regulations 1993 require vessels other than pleasure yachts (or pleasure craft, as the case may be) to comply with the requirements of the Merchant Shipping (Load Line) Rules 1968, SI 1968, No. 1053, as amended or with the requirements of a Code of Practice, acceptable to the Secretary of State for Transport as an equivalent standard, unless exempted by the Merchant Shipping (Load Lines) (Exemption) Order 1968 No. 1116, as amended. That Order applies to vessels of less than 80 tons register which:
a) do not carry cargo;
b) do not carry more than 12 passengers;
c) undertake voyages which are neither more than 15 miles (exclusive of any waters designated in the Merchant Shipping (Categorisation of Waters) Regulations 1992 from the point of departure nor more then 3 miles from land.
5.4 The Code is an acceptable Code of Practice for application in accordance with regulation 16 of the Merchant Shipping (Vessels in Commercial Use for Sport or Pleasure) Regulations 1993, SI 1993 No. 1072.
6.4 The Code of Practice for the safety of sail training ships, which was the basis of this Code, was developed by the Marine Directorate of the Department of Transport in collaboration with a Working Group following a period of public consultation.
7.4 The organisations involved in the development of the Codes to cover small commercial sailing and motor vessels were as follows:-
American Bureau of Shipping
Association of British Yacht Charter Companies
British Marine Industries Federation
British Ports Association
British Sub-Aqua Club
Bureau Veritas
Germanischer Lloyd
Lloyd's Register of Shipping
National Federation of Charter Skippers
National Federation of Sea Anglers
National Federation of Sea Schools
Ocean Youth Club Limited
Plymouth City Council
Professional Boatmans Association
Royal Yachting Association
Society of Consulting Marine Engineers and Ship Surveyors
South Hams District Council
South West Ports Association
Sovereign Sailing
Sunsail International Limited
Surveyor General's Organisation, Department of Transport
Yacht Brokers, Designers and Surveyors Association
Yacht Charter Association
8.4 The primary aim in developing the Code has been to set standards of safety and protection for all on board and particularly for those who are trainees or passengers. The level of safety it sets out to achieve is considered to be commensurate with the current expectations of the general public. The Code relates especially to the construction of a vessel, its machinery, equipment and stability and to the correct operation of the vessel so that safety standards are maintained.
9.4 It will be noted that the Code deals with the equally important subject of manning and of the qualifications needed for the senior members of the crew.
10.4 In addition, however, designers and builders of new vessels will need to pay special regard to the intended area of operation and the working conditions to which a vessel will be subjected when selecting the materials and equipment to be used in its construction.
11.4 The builder, repairer or owner / managing agent of a vessel, as appropriate should take all reasonable measures to ensure that a material or appliance fitted in accordance with the requirements of the Code is suitable for the purpose intended having regard to its location in the vessel, the area of operation and the weather conditions which may be encountered.
12.4 The Commission for the European Communities' general mutual recognition clause should be accepted. The clause states:-
.1 a relevant standard or code of practice of a national standards body or equivalent body of a Member State of the European Community; or
.2 any relevant international standard recognised for use in any Member State of the European Community; or
.3 a relevant specification acknowledged for use as a standard by a public authority of any Member State of the European Community; or
.4 traditional procedures of manufacture of a Member State of European Community where these are the subject of written technical description sufficiently detailed to permit assessment of the good or materials for the use specified; or
.5 a specification sufficiently detailed to permit assessment for goods or materials of an innovative nature (or subject to innovative processes of manufacture such that they cannot comply with a recognised standard or specification) and which will fulfil the purpose provided by the specified standard; provided that the proposed standard, code of practice, specification or technical description provides, in use, equivalent levels of safety, suitability and fitness for purpose.
13.4 It is important to stress that, whilst all reasonable measures have been taken to develop standards which will result in the production of safe and seaworthy vessels, total safety at sea can never be guaranteed. As a consequence it is most strongly recommended that the owner / managing agent of a vessel should take out a policy of insurance for all persons who are part of the vessel's complement from time to time. Such insurance should provide cover which is reasonable for claims which may arise. If a policy of insurance is in force, a copy of the certificate of insurance should be either displayed or available for inspection by persons on board the vessel.
14.4 Compliance with the Code in no way obviates the need for vessels and / or skippers to comply with local authority licensing requirements where applicable.
15.4 When a vessel to which the Code is applicable is permanently based abroad and subject to Rules, Regulations and examination by the administration of the county from which it operates, the owner / managing agent may approach a Certifying Authority with the purpose of establishing "equivalence" with the Code.
"Equivalence" should be established for the construction of a vessel, its machinery, equipment, stability, correct operation and examination of the vessel.
The Certifying Authority, when it is satisfied that it is safe to do so, may make recommendation for exemption from the Regulations and compliance with the Code in order to issue a certificate based on declaration(s) and report(s) from the administration of the country in which the vessel is permanently based.
The Certifying Authority should make its recommendation to the Department of Transport for approval by the Secretary of State.
16.4 The Organisation listed in 1.7 above were concerned that the ownership of a small commercial vessel by a club should not be seen as a loophole to circumvent the regulations. It is considered that any vessel owned by a proprietary club for use by the members is likely to fall within the scope of the Code.
The Organisations listed in 1.7 above also considered that the officers and committees of member's clubs with responsibility for the maintenance and operation of club owned vessels operated as pleasure yachts could usefully adopt standards set out in the Code as guidelines on safe practice, for the protection of their members.
