MERCHANT SHIPPING 1 1 These Regulations may be cited as the Merchant Shipping (Submersible Craft Construction and Survey) Regulations 1981 and shall come into operation on 1st October 1981. 2 In these Regulations, unless the context otherwise requires: “ autonomous submersible craft ” means a submersible craft which does not rely on a parent craft for launch and recovery and recharging its power source or for surface support; “ collapse depth ” means that depth at which failure of the pressure hull is estimated to occur, due to the external pressure; “ command module ” means the main compartment of a lock-out submersible craft which may house the crew, the diving supervisor and the control equipment for both the submersible and the diver lock-out compartment; “ crew ” means the person or persons within the submersible craft required to operate equipment to control the submersible craft; “ depth ” means the depth measured from the surface to the lowest part of the submersible craft's pressure hull; “ diver lock-out compartment ” means a compartment forming part of the submersible craft with underwater access for personnel and with a means of controlling the differential pressure between the inside and outside environment; “ exostructure ” means all structures and appendages outside the pressure hull such as floodable structure, supporting equipment and including hydrodynamic fairings, lifting pads, manipulators and other such structures and appendages; “ hull penetration ” means any opening in the pressure hull; “ life support systems ” means equipment installed to render a manned submersible craft habitable and includes breathing systems, temperature and humidity control equipment, waste disposal and toxic fume removal equipment and food and water supplies; “ maximum operating depth ” means the maximum depth to which the submersible craft is designed to submerge during normal operations; “ prescribed ” means prescribed in regulations made by the Secretary of State; “ pressure hull ” means the pressure resistant structures including closing appliances, reinforced openings, viewports and penetrations, which is subject to pressure differential during service conditions; “ submersible craft ” means any description of manned mobile submersible craft which is designed to maintain some or all of its occupants at or near atmospheric pressure, and includes free, self-propelled, tethered, towed or bottom contact propelled apparatus, one man submersible craft and atmospheric diving suits; “ supporting equipment ” means the launching and recovery gear used in connection with a submersible craft; “ surveyor ” means a marine surveyor appointed by the Secretary of State; “ umbilical ” means a connecting link to a submersible craft, which contains one or more life support, surveillance, communication or remote control leads with or without power supply cables. 3 Reference in the Regulations to the owner of a submersible craft or supporting equipment are, for the purpose of the application of any provisions of these Regulations in relation to any particular submersible craft or supporting equipment, references to the person who at the relevant time has the management of that submersible craft or supporting equipment. Application 2 1 These Regulations apply to any submersible craft and its supporting equipment which is: a operated within waters which are in the United Kingdom or which are adjacent thereto and within the seaward limits of territorial waters, or b launched or operated from, or comprising, a ship registered in the United Kingdom or a British ship not registered in the United Kingdom. 2 These Regulation do not apply to diving bells. Surveys 3 1 On or after 1st May 1982 submersible craft and supporting equipment to which these Regulations apply shall not be operated unless there are in force safety certificates issued, after satisfactory surveys, to the owner of the submersible craft and of the supporting equipment under regulation 5(1) of these Regulations. 2 Application for the initial survey of a submersible craft and of supporting equipment for the purpose of the issue of safety certificates shall be made to the Secretary of State by or on behalf of the owner, together with such plans, drawings, specifications and other documents relating to the construction requirements set out: a in the case of submersible craft and supporting equipment, (other than those specified in sub-paragraph (b)) in Schedule 1 hereto; and b in the case of one man submersible craft, atmospheric diving suits and supporting equipment, in Schedule 2 hereto, together with such other information relating to the design, construction and testing of the submersible craft and the supporting equipment, as the Secretary of State may require. 3 After receipt of the application and payment of the prescribed fees, a surveyor shall survey the submersible craft or the supporting equipment or both as specified in the Application and the owner or his agent shall supply the necessary information in order that the surveyor may be able to ascertain whether the submersible craft and the supporting equipment comply with such of the criteria of Schedule 3 hereto as are applicable to that type of craft and equipment. The owner or his agent shall afford all necessary facilities for such survey and shall at the request of the Secretary of State furnish such further documents or information as he may require. In the course of the survey the submersible and any of its fittings or equipment or the supporting equipment shall be submitted to such tests as the surveyor may require. 4 On completion of the survey the surveyor shall provide the Secretary of State with a Declaration of Survey in respect of the submersible craft and of the supporting equipment. 5 The submersible craft and the supporting equipment shall be resurveyed upon application by or on behalf of the owner for the renewal of the certificates. Reporting of modifications or damage 4 While a safety certificate is in force the owner shall report to the Secretary of State any modifications or any instance of damage which affects or may affect the safety of the submersible craft or its supporting equipment. Issue and extension of safety certificates 5 1 If the Secretary of State is satisfied, on receipt of the Declaration of Survey in respect of the submersible craft and of the supporting equipment, that they comply with these Regulations, he may issue to the person applying therefor safety certificates, in respect of the submersible craft and in respect of the supporting equipment specified in the certificates. The certificates shall remain in force for two years or for such shorter period as may be specified in the certificates subject to satisfactory inspection by a surveyor after 12 months from the date of issue or until suspended or revoked by the Secretary of State. 2 Safety certificates may be extended by the Secretary of State without a Declaration of Survey for such further period, not exceeding four months, as he thinks fit. Suspension or revocation of safety certificate 6 The Secretary of State may at any time suspend or revoke a safety certificate if he is satisfied that: a the submersible craft or the supporting equipment no longer complies with the criteria of Schedule 3 hereto; or b the submersible craft or the supporting equipment is in a condition unfit for operation; or c information supplied for the purposes of any initial survey or resurvey was materially incorrect; or d the submersible craft or the supporting equipment has been significantly changed from the particulars supplied at the time of the initial survey or re-survey. Offences 7 1 An owner who contravenes any provision of Regulation 3(1) or 4 of these Regulations shall be guilty of an offence. 2 The punishment for an offence created by these Regulations shall be: a on summary conviction, a fine not exceeding £1,000; b on conviction on indictment, imprisonment for a term not exceeding two years, or a fine, or both. 3 In proceedings for an offence under this Regulation it shall be a defence for the accused to prove— a that he has exercised all due diligence to prevent the commission of the offence; and b that the contravention was committed without his consent or connivance. 8 1 These Regulations shall apply to persons, whether or not British subjects, and to companies, whether or not incorporated under the law of any part of the United Kingdom. 2 Proceedings for any offence under these Regulations may be taken and the offence be treated for all incidental purposes as having been committed, in any place in the United Kingdom. Trefgarne Parliamentary Under-Secretary of State Department of Trade 30th July 1981