Shipping (Safety
Code – Yachts and Small Ships) (Jersey) Regulations 2013
1 Interpretation
(1) In these
Regulations –
“large pleasure vessel” means a pleasure vessel which is
24 metres or more in length;
“large yacht” means a ship which –
(a) is
not a pleasure vessel but is in commercial use for sport or pleasure;
(b) carries
no cargo;
(c) carries
no more than 12 passengers;
(d) and –
(i) if
built before 21st July 1968, has a gross tonnage of 150 tons or
over, or
(ii) if
built on or after that date, is 24 metres or more in length;
“Law” means the Shipping (Jersey)
Law 2002;
“length” means length as determined in accordance with
Tonnage Regulations;
“passenger yacht” means a ship which –
(a) is a
pleasure vessel or is in commercial use for sport or pleasure;
(b) carries
no cargo; and
(c) carries
more than 12 but no more than 36 passengers;
“pleasure vessel” has the meaning given to that
expression by Article 169(6) of the Law;
“small commercial ship” means a ship which –
(a) is
not a pleasure vessel;
(b) and –
(i) if
built before 21st July 1968, has a gross tonnage of less than
150 tons, or
(ii) if
built on or after that date, is a small ship.
(2) Reference in these
Regulations to the “Jersey Code” is to the requirements as to
safety mentioned in Regulation 3(1), whether such requirements are
published by way of a Code or otherwise as described in that paragraph.
2 Application
(1) These Regulations
apply –
(a) to
Jersey ships (wherever they may be); and
(b) to
other ships operating from Jersey (while in Jersey waters).
(2) These Regulations apply
in relation to ships of a type described in paragraph (3) or (4), as
specified in those paragraphs.
(3) Regulation 3
applies to small commercial ships, large yachts, and passenger yachts.
(4) Regulation 5
applies to large pleasure vessels.
(5) For the avoidance of
doubt, these Regulations do not apply to fishing vessels.
3 Compliance
with published safety requirements
(1) A ship to which this
Regulation applies must comply with such requirements as to safety as may be
published from time to time by the Registrar, whether by way of a document
described as a Code of Safety Practice, by amendments to such a Code, or in
such other way as the Registrar best considers will bring the requirements to
the attention of those on whom they are imposed.
(2) Paragraph (1) is
subject to the exceptions in paragraphs (3) and (4).
(3) The Minister may grant,
on such terms as the Minister may specify, an exemption for a class of ships or
for an individual ship from a specified requirement of the Jersey Code which
would otherwise apply in relation to that class of ships or to that ship by
virtue of this Regulation.
(4) Where –
(a) the Jersey
Code requires specified equipment or machinery to be carried, or other
provision to be made, for any purpose in a ship; and
(b) the
Minister is satisfied that other similar equipment, machinery or provision is
at least as effective for the same purpose as the equipment, machinery or other
provision so specified,
the Minister may accept such other equipment, machinery or provision
as sufficient to fulfil the requirement in question.
(5) The owner or master of
a ship to which this Regulation applies must not proceed or attempt to proceed
to sea with the ship when it does not comply with the Jersey Code.
(6) A certificate issued
under and in accordance with Regulation 4(1), or accepted by the Minister
under Regulation 4(2), shall be evidence of compliance for the purposes of
paragraph (5).
(7) A person who
contravenes paragraph (5) is guilty of an offence and liable on conviction
to imprisonment for a term of 2 years or a fine, or both.
(8) It shall be a defence
to a charge under paragraph (7) to prove that the person took all
reasonable steps to avoid committing the offence.
4 Certificates
of compliance
(1) Subject to paragraph (3),
a ship to which Regulation 3 applies shall not be taken to comply with the
Jersey Code for the purposes of paragraph (5) of that Regulation unless
there is in force, in relation to that ship, a certificate of compliance
issued –
(a) by an
inspector or surveyor appointed by the Minister under Regulation 6 or
under Article 154 of the Law;
(b) following
examination of the ship by the inspector or surveyor.
(2) The Minister may accept
as evidence a certificate of compliance issued otherwise than in accordance
with paragraph (1) which –
(a) in
the Minister’s opinion demonstrates that a ship complies with requirements
as to safety which are equivalent to, or more stringent than, those in the Jersey
Code; and
(b) is in
force in relation to the ship in question.
(3) A certificate of
compliance must be displayed in some conspicuous place on board the ship or (if
such display is not reasonably practicable) must be available for inspection on
board the ship.
5 Safety
of large pleasure vessels
(1) The owner or master of
a ship to which this Regulation applies must not proceed or attempt to proceed
to sea with a ship which appears to an inspector to be a dangerously unsafe
ship.
(2) Paragraph (1)
applies whether or not a detention notice has been served on the master of the
ship under Article 58 of the Law.
(3) The owner of a ship to
which this Regulation applies must inspect the ship on an annual basis and must
make, and have available for inspection on board the ship, an annual
declaration in a form approved for the purpose by the Registrar as to the
safety of equipment carried in the ship.
(4) A person who contravenes
paragraph (1) is guilty of an offence and liable on conviction to
imprisonment for a term of 2 years or a fine, or both.
(5) It shall be a defence
to a charge under paragraph (4) to prove that the person took all
reasonable steps to avoid committing the offence.
(6) A person who, in making
a declaration under paragraph (3), knowingly or recklessly makes a false or misleading statement or a false or misleading
representation, is guilty of an offence and liable on conviction to a fine of
level 3 on the standard scale.[1]
6 Enforcement
and power to detain
(1) The Minister may
appoint surveyors for the purpose of enforcement of these Regulations,
and –
(a) a
surveyor so appointed; or
(b) an
inspector appointed under Part 10 of the Law,
may exercise, for the purpose of enforcement of these Regulations,
the powers conferred on a surveyor or (as the case may be) inspector by that
Part.
(2) Article 177 of the
Law shall have effect in relation to a ship detained under these Regulations as
it does in relation to a ship detained under the Law, and reference in
paragraph (1) of that Article to an inspector or surveyor shall be taken
for this purpose to include reference to such a person appointed by the
Minister under Part 10 of the Law or paragraph (1) of this Regulation.
7 Citation
These Regulations may be
cited as the Shipping (Safety Code – Yachts and Small Ships)
(Jersey) Regulations 2013.