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Code of Practice
3. Application and Interpretation
1.4 Application
1314.1.1 Compliance with the Code satisfies the requirements of the Merchant Shipping (Vessels in Commercial Use for Sport or Pleasure) Regulations 1993 to the extent covered by 1.4 above. The Code may be applied to any United Kingdom commercially operated sailing vessel of up to 24 metres load line length (and any such sailing vessel registered or owned in an other country when it operates from a United Kingdom port) which proceeds to sea, does not carry cargo and does not carry more than twelve passengers.
1314.1.1 The Regulations apply to vessels operated by proprietors' clubs and associations and when the owner / managing agent is either corporate or private.
1314.1.1 The Code should apply from 1 April 1994.
1314.1.1
The Code applies to monohull and multihull vessels.
1314.1.1 It is the responsibility of the owner / managing agent to ensure that a vessel is properly maintained and examined in accordance with the Code.
2.4 Areas of Operation
A vessel may be considered for the issue of a certificate allowing it to operate in one of the following five areas:-
Category 4 - up to 20 miles from as safe haven, in favourable weather and in daylight;
Category 3 - up to 20 miles from a safe haven;
Category 2 - up to 60 miles from a safe haven;
Category 1 - up to 150 miles from a safe haven;
Category 0 - unrestricted service.
3.4 Certification
To be issued with a certificate for a particular area of operation a vessel should comply with all the requirements of the Code for that operating area, to the satisfaction of the Certifying Authority.
4.4 Sport Diving, Sea Angling and Other Water Based Activities
The Code deals with safety of the vessel and its occupants but the sport or pleasure activities of those on board are not considered from the particular safety needs which may be relevant to the activities.
The Government's objectives for sport were set out in the document "Sport and Active Recreation" which was published in 1991. The principle of self-determination for sports bodies has been encouraged to the extent that when it has been necessary to impose some form of control on such bodies - such as safety or environmental matters - the policy has usually been to encourage the bodies to adopt voluntary codes or procedures which would have the same effect as regulation.
In 1990, the Minister for Sport commissioned a review into safety in water sports. The review concluded that the current system of self-regulation developed by the governing bodies of sport is sufficient to meet their responsibility for the safety of sports participants.
Vessel owners / managing agents and charterers are recommended to discuss and agree their respective responsibilities for safety before the vessel goes to sea.
5.4 Interpretation
Where a question of interpretation of a part of the Code arises a decision may be obtained on written application to the Deputy Surveyor General 1 in the Surveyor General's Organisation of the Department of Transport, who may consult with others as deemed appropriate.
6.4 Updating of the Code
In addition to the arrangements for interpretation in section 3.5 the requirements of the Code will be reconsidered by a standing committee, comprising representatives from the organisations named in 1.7 above, not more than two years after completion of the phase-in period, to take account of experience gained from its application.
Thereafter, the Code will be reviewed by the standing committee at intervals not exceeding five years to take into account experience and any new statutory requirements which apply to other vessels of a similar size or type and, which it might be considered reasonable to apply to vessels operating under the Code.
When new standards are developed and finalised by the EC or ISO and which might impact upon the requirements of the Code, amendment of the Code may be considered immediately.
