Merchant Shipping PART 1 Preliminary Citation, commencement, amendments and revocations 1 1 These Regulations may be cited as the Merchant Shipping (Safety of Navigation) Regulations 2020 and come into force on 31st July 2020. 2 The amendments listed in Part 1 of the Schedule have effect. 3 The Regulations listed in the first column of the Table in Part 2 of the Schedule are revoked to the extent specified in the third column of that Table. Interpretation 2 In these Regulations— “Chapter V” means Chapter V in the Annex to the Convention (relating to safety of navigation) ; “Convention” means the International Convention for the Safety of Life at Sea, 1974 ; “international voyage” means a voyage between— a port in the United Kingdom and a port outside the United Kingdom; or a port in a Convention country (other than the United Kingdom) and a port in any other country or territory (whether a Convention country or not) which is outside the United Kingdom, and, for the purposes of paragraph (b), “Convention country” means a country or territory which is either a country the Government of which is party to the Convention or a territory to which the Convention extends whether or not it is subject to the amendments to, or reservations in respect of, the Convention. Application 3 1 Subject to paragraphs (2) and (3), these Regulations apply to— a United Kingdom ships, wherever they may be; and b non-United Kingdom ships while they are within United Kingdom waters. 2 These Regulations do not apply to— a ships of war and naval auxiliaries; b ships owned or operated by a State and engaged only on governmental non-commercial service; c ships solely navigating the Great Lakes of North America and their connecting and tributary waters as far east as the lower exit of the St. Lambert Lock at Montreal in the Province of Quebec, Canada; d ships to which the Merchant Shipping (Passenger Ships on Domestic Voyages) Regulations 2000 apply; e ships to which the Merchant Shipping (Passenger Ships) (Safety Code for UK Categorised Waters) Regulations 2010 apply; f vessels to which the Merchant Shipping (Technical Requirements for Inland Waterway Vessels) Regulations 2010 apply. 3 A non-United Kingdom ship flying the flag of a State which is not a party to the Convention is not subject to these Regulations if it would not have been in United Kingdom waters but for stress of weather or any other circumstances which neither the master nor the owner or the charterer could have prevented. 4 Where persons are on board a ship as a consequence of— a the circumstances described in paragraph (3); or b an obligation laid upon the master to carry shipwrecked or other persons , those persons are not to be taken into account for the purpose of determining the application to that ship of any provision of these Regulations. 5 For the purposes of this regulation, “non-United Kingdom ship” means any ship other than a United Kingdom ship. Ambulatory reference 4 1 In these Regulations, any reference to Chapter V is to be construed— a as a reference to Chapter V as modified from time to time; and b as, if Chapter V is replaced, a reference to the replacement. 2 For the purposes of paragraph (1), Chapter V is modified or replaced if the modification or replacement takes effect in accordance with Article VIII of the Convention. 3 A modification or replacement of Chapter V has effect at the time such modification or replacement comes into force in accordance with Article VIII of the Convention. PART 2 Safety of navigation requirements Safety of navigation requirements 5 1 A ship to which these Regulations apply must comply with each requirement in Chapter V applicable to that ship and referred to in paragraph (2). 2 Subject to paragraphs (3) and (4), the requirements referred to in paragraph (1) are those referred to in the following provisions in Chapter V— a paragraph 3 of regulation 7 (on board plan for cooperation with search and rescue services); b paragraph 7 of regulation 10 (use of ships’ routeing systems); c paragraphs 1 and 7 of regulation 11 (ship reporting systems); d paragraphs 3 and 4 of regulation 14 (ships’ manning); e regulation 15 (principles relating to bridge design, design and arrangement of navigational systems and equipment and bridge procedures); f paragraphs 2 and 3 of regulation 17 (electromagnetic compatibility); g paragraphs 1 to 3 and 7 to 9 of regulation 18 (approval, surveys and performance standards of navigational systems and equipment and voyage data recorder); h regulation 19 (carriage requirements for shipborne navigational systems and equipment), except for paragraphs 1.3, 2.2.4 and 2.4.4; i paragraphs 4 to 7 of regulation 19-1 (long-range identification and tracking of ships); j paragraphs 1 and 2 of regulation 20 (voyage data recorders); k regulations 21 to 30 ; l paragraphs 1 and 4 of regulation 31 (danger messages); m paragraphs 1, 2, 4 and 5 of regulation 32 (information required in danger messages); n paragraphs 1, 2 and 6 of regulation 33 (distress situations: obligations and procedures); o regulation 34 (safe navigation and avoidance of dangerous situations); p regulation 34-1 (master’s discretion); and q regulation 35 (misuse of distress signals). 3 The requirements referred to in paragraph (2) are subject to the following exceptions— a regulations 18, 19 and 20 in Chapter V do not apply to high-speed craft to which the the Merchant Shipping (High Speed Craft) Regulations 2022 apply; b in so far as they relate to systems and equipment regulated by regulations 19 and 20, paragraphs 1 to 3 and 7 to 9 of regulation 18 in Chapter V do not apply to ships below 150 gross tons engaged on any voyage; c regulation 19 in Chapter V does not apply to— i fishing vessels; ii pleasure vessels below 150 gross tons engaged on any voyage, except for paragraph 2.1.7 (requirement for radar reflector); iii . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . ca regulation 19 in Chapter V, except for paragraphs 2.1.1, 2.1.2, 2.1.3, 2.1.4, 2.1.6, 2.1.7 and 2.1.8 (navigational equipment and arrangements), does not apply to— i ships which are not passenger ships and are not sea-going; ii ships of Class V; d paragraph 2.2.3 of regulation 19 in Chapter V (bridge navigational watch alarm system) does not apply to ships— i below 150 gross tons engaged on any voyage; ii below 500 gross tons not engaged on international voyages; da paragraph 2.4 of regulation 19 in Chapter V (automatic identification system) does not apply to ships of Class IV; e paragraph 1 of regulation 21 in Chapter V (carriage of International Code of Signals ) does not apply to ships below 150 gross tons engaged on any voyage; f paragraph 2 of regulation 21 in Chapter V (carriage of IAMSAR Manual ) does not apply to— i ships below 150 gross tons engaged on any voyage; ii ships below 500 gross tons not engaged on international voyages; iii fishing vessels; g regulation 23 in Chapter V (pilot transfer arrangements) does not apply to— i ships below 150 gross tons engaged on any voyage; ii ships below 500 gross tons not engaged on international voyages; iii fishing vessels; h regulations 24 to 26 in Chapter V do not apply to— i pleasure vessels below 150 gross tons engaged on any voyage; ii ships which are not sea-going; ... ha regulation 27 in Chapter V (nautical charts and nautical publications) does not apply to— i pleasure vessels below 150 gross tons engaged on any voyage; ii ships which are not passenger ships and are not sea-going; iii ships of Class V; and i paragraph 1 of regulation 28 in Chapter V (requirement to keep on board record of navigational activities and incidents) does not apply to any ship below 150 gross tons engaged on any voyage. 4 Regulations 24 to 26 in Chapter V (relating to the use of heading or track control systems, and steering gear) are subject to any special rules made by any person empowered by law for roadsteads, harbours, rivers, lakes or inland waterways connected with the high seas and navigable by sea-going vessels . 5 In this regulation— “Category A, B, C or D waters” means the waters specified as such in Merchant Shipping Notice 1837(M) Amendment 2 ; “fishing vessel” means a ship used for catching fish, whales, seals, walrus or other living resources of the sea; “gross tons” means gross tonnage ascertained under regulations 6 and 12(1) of the Merchant Shipping (Tonnage) Regulations 1997 ; “Merchant Shipping Notice” means a notice described as such and issued by the Maritime and Coastguard Agency (an executive agency of the Department for Transport) and includes a reference to any document amending or replacing that notice which is considered by the Secretary of State to be relevant from time to time and is specified in a Merchant Shipping Notice; “ passenger ” means a person other than— the master and the members of the crew or other persons employed or engaged in any capacity on board a ship on the business of that ship; or a child under one year of age; “ passenger ship ” means a ship which carries more than 12 passengers; “pleasure vessel” means— any vessel which at the time it is being used is— in the case of a vessel wholly owned by– an individual or individuals, used only for the sport or pleasure of the owner or the immediate family or friends of the owner; or a body corporate, used only for sport or pleasure and on which the persons on board are employees or officers of the body corporate, or their immediate family or friends; and on a voyage or excursion which is one for which the owner does not receive money for or in connection with operating the vessel or carrying any person, other than as a contribution to the direct expenses of the operation of the vessel incurred during the voyage or excursion; or any vessel wholly owned by or on behalf of a members’ club formed for the purpose of sport or pleasure which, at the time it is being used, is used only for the sport or pleasure of members of that club or their immediate family, and for the use of which any charges levied are paid into club funds and applied for the general use of the club, where, in the case of any vessel referred to in paragraphs (a) or (b), no other payments are made by or on behalf of users of the vessel, other than by the owner; and in this definition “immediate family” means, in relation to an individual, the spouse or civil partner of the individual, and a relative of the individual or the individual’s spouse or civil partner; and “relative” means brother, sister, ancestor or lineal descendant; “sea” includes any estuary or arm of the sea but does not include Category A, B, C or D waters; “sea-going” means operating outside Category A, B, C or D waters. ships of Class IV” means passenger ships engaged only on voyages in Category A, B, C or D waters; “ ships of Class V ” means passenger ships engaged only on voyages in Category A, B or C waters. Exemptions 6 1 Subject to paragraph (4), the Secretary of State may exempt from any requirement of a provision in Chapter V referred to in regulation 5 (safety of navigation requirements)— a a ship which does not normally engage on international voyages but is, in exceptional circumstances, required to undertake a single international voyage; b a ship engaged on a voyage where— i the maximum distance of the ship from the shore; ii the length and nature of the voyage; iii the absence of general navigational hazards; and iv other conditions affecting safety, are such as to render compliance with those provisions unreasonable or unnecessary. 2 Subject to paragraph (4), the Secretary of State may exempt a ship without mechanical means of propulsion from any requirement of the following provisions in Chapter V— a regulation 15 (principles relating to bridge design, design and arrangement of navigational systems and equipment and bridge procedures); b regulation 17 (electromagnetic compatibility); c regulation 18 (approval, surveys and performance standards of navigational systems and equipment and voyage data recorder); d regulation 19 (carriage requirements), except paragraph 2.1.7; e regulation 20 (voyage data recorders); f regulation 22 (navigation bridge visibility); g regulation 24 (use of heading and/or track control systems); h regulation 25 (operation of steering gear); i regulation 26 (steering gear: testing and drills); j regulation 27 (nautical charts and publications); and k regulation 28 (records of navigational activities and daily reporting). 3 The Secretary of State may exempt from, or waive, specified requirements of the provisions in Chapter V referred to in regulation 5 where such requirements are subject to a power to— a exempt from those requirements; or b waive those requirements, in relation to a ship, or category of ship, if satisfied that the conditions prescribed by those provisions are met. 4 An exemption under paragraph (1) or (2), or exemption or waiver under paragraph (3), may be— a granted subject to such safety requirements as the Secretary of State thinks fit to ensure the overall safety of the ship; and b on the giving of reasonable notice, altered or cancelled. 5 An exemption granted under paragraph (1) or (2), or exemption or waiver granted under paragraph (3), or an alteration or cancellation under paragraph (4)(b), must— a be in writing; b specify the date on which it takes effect; and c specify the terms, if any, on which it is given. 6 The requirement that the exemption granted under paragraph (1) or (2), or exemption or waiver granted under paragraph (3), or an alteration or cancellation under paragraph (4)(b), be in writing is satisfied where the text of the approval is— a transmitted by electronic means; b received in legible form; and c capable of being used for subsequent reference. 7 Where an exemption or waiver is granted subject to safety requirements, the exemption or waiver ceases to have effect if those requirements are not complied with. Equivalents 7 1 Where the provisions of Chapter V referred to in regulation 5 (safety of navigation requirements) require that— a a particular fitting, material, appliance or apparatus be fitted on, or carried in, a ship; b any particular arrangement be made on, or in relation to, a ship; or c any particular provision be made in relation to a ship, the Secretary of State may approve any other fitting, material, appliance, apparatus, arrangement or other provision if satisfied that it is at least as effective as that required by the provisions of Chapter V referred to in regulation 5. 2 The Secretary of State may approve an equivalent of a partial or conditional nature to a ship engaged on a voyage where— a the maximum distance of the ship from the shore; b the length and nature of the voyage; c the absence of general navigational hazards; and d other conditions affecting safety, make, in the opinion of the Secretary of State, compliance with the provisions of Chapter V referred to in regulation 5 unreasonable or unnecessary taking into account the effect such an approval may have on the safety of other ships. 3 An approval given under paragraph (1) or (2) may, on the giving of reasonable notice, be continued, altered or cancelled. 4 Any approval given under paragraph (1) or (2), or a continuation, alteration or cancellation under paragraph (3), must— a be in writing; b specify the date on which it takes effect; and c specify the terms, if any, on which it is given. 5 The requirement that the approval referred to in paragraph (1) or (2), or a continuation, alteration or cancellation in paragraph (3), be in writing is satisfied where the text of the approval is— a transmitted by electronic means; b received in legible form; and c capable of being used for subsequent reference. Approvals 8 1 The Secretary of State, or any person authorised by the Secretary of State, may grant an approval in relation to a United Kingdom ship for anything in Chapter V requiring to be— a approved by the Administration of the State whose flag the ship is entitled to fly; b done to the satisfaction of such Administration; and c acceptable to that Administration . 2 An approval given under paragraph (1) may, on the giving of reasonable notice, be continued, altered or cancelled. 3 Any approval given under paragraph (1), or a continuation, alteration or cancellation under paragraph (2), must— a be in writing; b specify the date on which it takes effect; and c specify the terms, if any, on which it is given. 4 The requirement that the approval referred to in paragraph (1), or the continuation, alteration or cancellation under paragraph (2), be in writing is satisfied where the text of the approval is— a transmitted by electronic means; b received in legible form; and c capable of being used for subsequent reference. PART 3 Control and enforcement Offences in respect of which a sentence of imprisonment and/or a fine may be imposed 9 1 Any contravention of— a regulation 5(2)(a) (on board plan for cooperation with search and rescue services); b regulation 5(2)(g), in so far as it requires a ship to comply with paragraphs 1 to 3 and 7 of regulation 18 in Chapter V (approval, surveys and performance standards of navigational systems and equipment and voyage data recorder); c regulation 5(2)(h) (carriage requirements for shipborne navigational systems and equipment); d regulation 5(2)(j) (voyage data recorders); e regulation 5(2)(k), in so far as it requires a ship to comply with regulation 30 in Chapter V (operational limitations), is an offence by the owner and master. 2 Any contravention of— a regulation 5(2)(c), in so far it requires a ship to comply with paragraph 7 of regulation 11 in Chapter V (ship reporting systems); b regulation 5(2)(k), in so far as it requires a ship to comply with regulation 28 in Chapter V (records of navigational activities and daily reporting); c regulation 5(2)(l), in so far as it requires a ship to comply with paragraph 1 of regulation 31 in Chapter V (danger messages); d regulation 5(2)(n), in so far as it requires a ship to comply with paragraphs 1 and 2 of regulation 33 in Chapter V (distress situations: obligations and procedures); e regulation 5(2)(o) (safe navigation and avoidance of dangerous situations), is an offence by the master. 3 Any contravention of regulation 5(2)(k) in so far as it requires a ship to comply with the following regulations in Chapter V— a regulation 24 (use of heading and/or track control systems); b regulation 25 (operation of steering gear); c regulation 26 (steering gear: testing and drills), other than paragraph 3.1, is an offence by the master or any person directed to undertake tasks. 4 Any contravention of— a regulation 5(2)(p) (master’s discretion); b regulation 5(2)(q) (misuse of distress signals), is an offence by the person responsible. 5 An offence under this regulation is punishable— a on summary conviction— i in England and Wales by a fine; or ii in Scotland or Northern Ireland by a fine not exceeding the statutory maximum; b on conviction on indictment by imprisonment for a term not exceeding two years, or a fine, or both. Offences in respect of which a fine only may be imposed 10 1 Any contravention of— a regulation 5(2)(f) (electromagnetic compatibility); b regulation 5(2)(g), in so far as it requires a ship to comply with paragraphs 8 and 9 of regulation 18 in Chapter V (approval, surveys and performance standards of navigational systems and equipment and voyage data recorder); c regulation 5(2)(i) (long-range identification and tracking of ships), is an offence by the owner and master. 2 Any contravention of— a regulation 5(2)(b) (use of ships’ routeing system); b regulation 5(2)(k), in so far as it requires a ship to comply with regulation 23 in Chapter V (pilot transfer arrangements), is an offence by the owner, master or any other person responsible. 3 Any contravention of regulation 5(2)(d) (ships’ manning) is an offence by the owner or master. 4 An offence under this regulation is punishable— a on summary conviction– i in England and Wales by a fine; or ii in Scotland or Northern Ireland by a fine not exceeding the statutory maximum; b on conviction on indictment by a fine. Offences in respect of which a fine may be imposed on summary conviction only 11 1 Any contravention of regulation 5(2)(k), in so far as it requires a ship to comply with the following regulations in Chapter V— a regulation 21 (the International Code of Signals and IAMSAR Manual); b regulation 22 (navigation bridge visibility); c paragraph 3.1 of regulation 26 (failure to display steering gear changeover procedures on navigational bridge); d regulation 27 (nautical charts and nautical publications); e regulation 29 (life-saving signals to be used by ships, aircraft or persons in distress), is an offence by the owner and master. 2 An offence under this regulation is punishable on summary conviction by a fine. Detention 12 1 For the purposes of this regulation, any reference to “the Act” is a reference to the Merchant Shipping Act 1995. 2 Any ship which does not comply with the requirements of the provisions in Chapter V referred to in regulation 5 (safety of navigation requirements) may be detained. 3 Section 284 of the Act applies where a ship is liable to be detained under this regulation as if— a references to detention of a ship under the Act were references to detention of the ship in question under this regulation; and b subsection (7) were omitted. 4 Where a ship is liable to be detained under this regulation, the person detaining the ship must serve on the master a detention notice which— a states the grounds of the detention; and b requires the terms of the notice to be complied with until the ship is released by any person mentioned in section 284(1) of the Act. 5 Subject to paragraph (6), section 96 (references of detention notices to arbitration) and section 97 (compensation in connection with invalid detention of a ship) of the Act apply in relation to a detention notice issued pursuant to this regulation as they apply in relation to detention notices issued pursuant to section 95 (power to detain dangerously unsafe ship). 6 For the purposes of paragraph (5)— a section 96 of the Act applies as if— i subsection (3) were omitted; ii the words “as a dangerously unsafe ship” in subsection (5) were omitted; iii subsection (11) were omitted; and b sections 96 and 97 of the Act apply as if “the relevant inspector” means a person issuing the detention notice pursuant to this regulation. 7 Subject to paragraph (8), where a ship other than a United Kingdom ship is detained, the Secretary of State must immediately inform the ship’s flag administration in writing. 8 If it is not possible to inform the ship’s flag administration in accordance with paragraph (7), the Secretary of State must inform the Consul of the State of the flag administration, or in the absence of a Consul, the nearest diplomatic representative of the State of the flag administration. 9 For the purposes of paragraphs (7) and (8), “flag administration” in relation to a ship means the administration of the State whose flag the ship is entitled to fly. Review of the Regulations 13 1 The Secretary of State must from time to time— a carry out a review of the regulatory provision contained in these Regulations; and b publish a report setting out the conclusions of the review. 2 The first report must be published before 31st July 2025. 3 Subsequent reports must be published at intervals not exceeding 5 years. 4 Section 30(3) of the Small Business, Enterprise and Employment Act 2015 requires that a review carried out under this regulation must, so far as is reasonable, have regard to how the obligations under the Convention are implemented in other countries which are subject to the obligations. 5 Section 30(4) of the Small Business, Enterprise and Employment Act 2015 requires that a report published under this regulation must, in particular— a set out the objectives intended to be achieved by the regulatory provision referred to in paragraph (1)(a); b assess the extent to which those objectives are achieved; c assess whether those objectives remain appropriate; and d if those objectives remain appropriate, assess the extent to which they could be achieved in another way which involves less onerous regulatory provision. 6 In this regulation, “regulatory provision” has the same meaning as in sections 28 to 32 of the Small Business, Enterprise and Employment Act 2015 (see section 32 of that Act). Signed by authority of the Secretary of State for Transport Kelly Tolhurst Parliamentary Under Secretary of State Department for Transport We consent to the making of these Regulations Maggie Throup James Morris Two of the Lords Commissioners of Her Majesty’s Treasury