Shipping (Safety
Code – Yachts and Small Ships) (Jersey) Regulations 2013
Made 19th November 2013
Coming into force 19th
November 2013
THE STATES, in pursuance of Articles 49 and 196 of the Shipping (Jersey)
Law 2002[1], have made the following
Regulations –
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[2];
“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 4 on the standard scale.
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 Revocation
of Order
The Shipping (Safety Codes) (Jersey) Order 2005[3] is revoked.
8 Consequential
amendment
In Regulation 6 of the Harbours (Inshore Safety) (Jersey) Regulations 2012[4], for paragraph (2)(b)
there shall be substituted the following sub-paragraph –
“(b) in the case where the permit
is for the purpose of Regulation 4, evidence that –
(i) if
Regulation 3 of the Shipping (Safety Code – Yachts and Small
Ships) (Jersey) Regulations 2013[5] applies to that ship, the
ship complies with paragraph (1) of that Regulation (to the extent that the
ship is not exempt under paragraph (3));
(ii) if
Regulation 5 of the Shipping (Safety Code – Yachts and Small
Ships) (Jersey) Regulations 2013 applies to that ship, the ship complies
with paragraph (3) of that Regulation;”.
9 Citation
These Regulations may be
cited as the Shipping (Safety Code – Yachts and Small Ships)
(Jersey) Regulations 2013.
a.h. harris
Deputy Greffier of the States