MERCHANT SHIPPING PART I GENERAL Citation, commencement and revocation 1 1 These Regulations may be cited as the Merchant Shipping (Tonnage) Regulations 1997 and shall come into force on 11th July 1997. 2 The following Regulations are hereby revoked— a the Merchant Shipping (Tonnage) Regulations 1982 ; and b the Merchant Shipping (Tonnage) (Amendment) Regulations 1988 . Definitions 2 1 In these Regulations, unless the context otherwise requires— “ the Act ” means the Merchant Shipping Act 1995; “Administration” means the Government of the state whose flag the ship is flying; “amidships” means the mid-point of the length, except in the case of a ship of less than 24 metres in length when it means the mid-point of the length overall; “breadth” means the maximum breadth of the ship, measured amidships to the moulded line of the frame in a ship with a metal shell and to the outer surface of the hull in a ship with a shell of any other material; “break” means the space bounded longitudinally by a side to side upward step in the lowest line of the upper deck and another such step or the end of the ship, transversely by the sides of the ship and vertically by the higher part of the deck and the lowest line of the upper deck continued parallel thereto; “cargo spaces” means enclosed spaces which are appropriated for the transport of cargo to be discharged from the ship; “Certifying Authority” means the Secretary of State or any person authorised by the Secretary of State for the purposes of these Regulations; “Contracting Government” means the Government of a country which has accepted the Convention; “Convention” means the International Convention on Tonnage Measurement of Ships, 1969 ; “enclosed spaces” means all those spaces, other than excluded spaces, which are bounded by the ship’s hull, by fixed or portable partitions or bulkheads or by decks or coverings other than permanent or moveable awnings. No break in a deck, nor any opening in the ship’s hull, in a deck or in a covering of a space, or in the partitions or bulkheads of a space, nor the absence of a partition or bulkhead, shall preclude a space from being included in the enclosed spaces and, for the purposes of this definition, “excluded spaces” means, subject to sub-paragraph (f) below, any of the spaces specified in sub-paragraphs (a) to (e) below— that part of an enclosed space within an erection opposite an end opening and extending from the opening to an athwartship line at a fore and aft distance from the opening equal to half the breadth of the deck at the line of the opening. Such end opening shall have a breadth equal to or greater than 90 per cent of the breadth of the deck at the line of the opening and shall extend from deck to deck or to a curtain plate of a depth not exceeding by more than 25 millimetres the depth of the adjacent deck beams, as specified in Figure 1 of Schedule 1: provided that— where at any point the width of the enclosed space , because of any arrangement except convergence of the outside plating, as specified in Figure 3 of Schedule 1, becomes less than 90 per cent of the breadth of the deck at the line of the opening, the excluded space shall extend only to an athwartship line intersecting that point, as specified in Figures 2 and 4 of Schedule 1; where the opposite ends of two enclosed spaces are separated by a gap, which is completely open except for bulwarks or open rails and of fore and aft length less than half the least breadth of the deck at the gap, then no part of the enclosed spaces shall be excluded, as specified in Figures 5 and 6 of Schedule 1; a space under an overhead deck covering open to the sea and weather having no other connection on the exposed sides with the body of the ship than the stanchions necessary for its support. In such a space, open rails or a bulwark and curtain plate may be fitted or stanchions fitted at the ship’s side, provided that the distance between the top of the rails or the bulwark and the curtain plate is not less than 0.75 metres or one-third of the height of the space, whichever is the greater, as specified in Figure 7 of Schedule 1; a space in a side-to-side erection between opposite side openings not less in height than 0.75 metres or one-third of the height of the erection whichever is the greater. If the opening in such an erection is provided on one side only, the space to be excluded from the volume of enclosed spaces shall be limited inboard from the opening to a maximum of one half of the breadth of the deck in way of the opening, as specified in Figure 8 of Schedule 1; a space in an erection immediately below an uncovered opening in the deck overhead, provided that such an opening is exposed to the weather and the space excluded from enclosed spaces is limited to the area of the opening, as specified in Figure 9 of Schedule 1; a recess in the boundary bulkhead of an erection which is exposed to the weather and the opening of which extends from deck to deck without means of closing, provided that the interior width is not greater than the width at the entrance and its extension into the erection is not greater than twice the width of its entrance, as specified in Figure 10 of Schedule 1; notwithstanding the provisions of subparagraphs (a) to (e) inclusive, any space listed in those subparagraphs which fulfills at least one of the following conditions shall be treated as an enclosed space— the space is fitted with shelves or other means for securing cargo or stores; the openings are fitted with any means of closure; the construction provides any possibility of such openings being closed; “length” means the greater distance of the following distances— the distance between the fore side of the stem and the axis of the rudder stock; or 96 per cent of the distance between the fore side of the stem and the aft side of the stern; the points and measurements being taken respectively at and along a waterline at 85 per cent of the least moulded depth of the ship. In the case of a ship having a rake of keel the waterline shall be parallel to the designed waterline; “length overall” means the distance between the foreside of the foremost fixed permanent structure and the afterside of the aftermost permanent structure; “ Load Line Rules ” means the Merchant Shipping (Load Line) Rules 1968 ; or in relation to any ship not registered in the United Kingdom any corresponding rules of the country in which the ship is registered; “moulded depth”, and in the case of a ship of less than 24 metres “depth”, means the vertical distance measured from the top of the keel of a metal ship, or in wood and composite ships from the lower edge of the keel rabbet, to the underside of the upper deck at side, or, in the case of a ship which is not fully decked, to the top of the upper strake or gunwale, provided that— where the form at the lower part of the midship section is of a hollow character, or where thick garboards are fitted, the distance is measured from the point where the line of the flat of the bottom continued inwards cuts the side of the keel; in the case of a glass reinforced plastic ship where no keel member is fitted and the keel is of open trough construction, the distance is measured from the top of the keel filling, if any, or the level at which the inside breadth of the trough is 100 millimetres, whichever gives the lesser depth; in ships having rounded gunwales, the distance is measured to the point of intersection of the moulded lines of the deck and side shell plating, the lines extending as though the gunwales were of angular design; and where the upper deck is stepped and the raised part of the deck extends over the point at which the moulded depth is measured, the distance is measured to a line of reference extending from the lower part of the deck along a line parallel with the raised part; and for the purposes of this definition— “upper deck” means the uppermost complete deck exposed to weather and sea, which has permanent means of weathertight closing of all openings in the weather part thereof, and below which all openings in the sides of the ship are fitted with permanent means of watertight closing. In a ship having a stepped upper deck, the lowest line of the exposed deck and the continuation of that line parallel to the upper part of the deck is taken as the upper deck; and “weathertight” means that in any sea conditions water will not penetrate into the ship; “moulded draught” means— for ships assigned load lines in accordance with the Load Line Rules, the draught corresponding to the Summer Load Line (other than timber load lines); for passenger ships, the draught corresponding to the deepest subdivision load line assigned in accordance with the Merchant Shipping (Passenger Ship Construction) Regulations 1980 or the Merchant Shipping (Passenger Ship Construction) Regulations 1984 , whichever is applicable; for ships to which no load line has been assigned but the draught of which is restricted by the Secretary of Sate, the maximum permitted draught; and for other ships, 75 per cent of the moulded depth amidships; “non-United Kingdom ship” means a ship which is not a United Kingdom ship within the meaning of section 85(2) of the Act; “oil tanker” means a ship constructed or adapted to carry oil in bulk in its cargo spaces and includes combination carriers. For the purposes of this definition “combination carrier” means a ship designed to carry either oil or solid cargoes in bulk; “passenger” means any person carried in a ship except— a person employed or engaged in any capacity on board the ship on the business of the ship; a person on board the ship either in pursuance of the obligation laid upon the master to carry shipwrecked, distressed or other persons or by reason of any circumstances that neither the master nor the owner nor the charterer (if any) could have prevented; and a child under one year of age; “pleasure vessel” means— a 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 immediate family or friends of the owner; or in the case of a vessel owned by a body corporate, used only for sport or pleasure and on which the persons 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; and in the case of any vessel referred to in paragraphs (a) or (b) above no other payments are made by or on behalf of users of the vessel, other than by the owner; and, for the purposes of this definition, “immediate family” means in relation to an individual, the husband or wife of the individual and a relative of the individual or the individual’s husband or wife, and “relative” means brother, sister, ancestor or lineal descendant; “similar stage of construction” means the stage at which— construction identifiable with a specific ship begins; and assembly of that ship has commenced comprising at least 50 tonnes or one per cent of the estimated mass of all structural material whichever is the less; “surveyor” means a surveyor appointed by a Certifying Authority. 2 In these Regulations— a a reference to a numbered Part is, unless otherwise stated, a reference to the Part of that number in these Regulations; b a reference to a numbered regulation is, unless otherwise stated, a reference to the regulation of that number in these Regulations; c a reference in a regulation to a numbered paragraph is, unless otherwise stated, a reference to the paragraph of that number in that regulation; and d a reference to a numbered Schedule is, unless otherwise stated, a reference to the Schedule of that number in these Regulations. PART II APPLICATION, ASCERTAINMENT OF TONNAGE AND CERTIFICATION FOR UNITED KINGDOM SHIPS OF 24 METRES IN LENGTH AND OVER Application 3 This Part applies to ships, being ships of 24 metres in length or over, registered or to be registered in the United Kingdom under Part II of the Act and for which the ascertainment of tonnage is required under Regulations made under section 10 of the Act. Method of measurement 4 1 A ship shall be measured by a surveyor. 2 The gross and net tonnages shall be determined in accordance with regulations 6 and 7 provided that in the case of novel types of craft with constructional features which render the application of the provisions of these Regulations unreasonable or impracticable, the gross and net tonnages shall be determined as required by the Secretary of State. 3 All measurements used in the calculations of volumes shall be taken and expressed in metres to the nearest one hundredth of a metre. 4 Gross and net tonnages shall be expressed as whole numbers, decimals being rounded off downwards. Calculation of volumes 5 1 All volumes included in the calculation of gross and net tonnages shall be measured, irrespective of the fitting of insulation or the like, to the inner side of the shell or structural boundary plating in ships constructed of metal, and to the outer surface of the shell or to the inner side of the structural boundary surfaces in ships constructed of any other material. 2 Volumes of appendages shall be included in the total volume. 3 Volumes of spaces open to the sea shall be excluded from the total volume. 4 The method and accuracy of the calculations shall be sufficiently detailed to facilitate checking. Gross tonnage 6 The gross tonnage ( GT ) of a ship shall be determined by the following formula— GT = K 1 V where— V total volume of all enclosed spaces of the ship in cubic metres; and K 1 0.2 + 0.02 log 10 V, as specified in Schedule 2; Net tonnage 7 The net tonnage ( NT ) of a ship shall be determined by the following formula— NT = K 2 V c ( 4d 3D ) 2 + K 3 ( N 1 + N 2 10 ) where— V c total volume of cargo spaces in cubic metres; K 2 0.2 + 0.02 log 10 V c , as specified in Schedule 2. K 3 1.25 GT + 10 , 000 10 , 000 GT gross tonnage calculated in accordance with regulation 6; D moulded depth amidships in metres; d moulded draught amidships in metres; N 1 number of berths for passengers in cabins with not more than 8 berths; and N 2 number of other passengers who may be accommodated on the ship; provided that— the factor— ( 4d 3D ) 2 shall not be taken as greater than unity; the term— K 2 V c ( 4d 3D ) 2 shall not be taken as less than 0.25 GT; N 1 and N 2 shall be taken as zero when N 1 + N 2 is less than 13; and NT shall not be taken as less than 0.30 GT. Segregated ballast oil tankers 8 Where segregated ballast tanks complying with Regulation 13 of Annex 1 of the International Convention for the Prevention of Pollution from Ships 1973 , as modified by the Protocol of 1978 relating to that Convention, are provided in oil tankers, an entry may be made on the International Tonnage Certificate (1969) indicating the total tonnage of these tanks. The tonnage of such segregated ballast shall be calculated according to the following formula— K 1 × V b where— K 1 0.2 + 0.02 log 10 V, as specified in Schedule 2; V the total volume of all enclosed spaces of the ship in cubic metres; and V b the total volume of segregated ballast tanks in cubic metres measured in accordance with regulation 5. Issue of certificates 9 If it is in order to do so, the Certifying Authority shall issue to the owner an International Tonnage Certificate (1969) in the form set out in the Convention certifying the tonnages of the ship and containing the particulars to be shown thereon. The official number of the ship shall be included as a distinctive number. Cancellation of certificates 10 1 Where alterations are made in the arrangement, construction, capacity, use of spaces, total number of passengers the ship is permitted to carry under the terms of the ship’s passenger certificate, assigned load line, or permitted draught of the ship such as would cause an increase in the gross or net tonnage, the existing International Tonnage Certificate (1969) shall cease to be valid and shall be delivered up to and cancelled by the Certifying Authority. 2 When a ship is transferred from the United Kingdom Register the International Tonnage Certificate (1969) shall cease to be valid except when the transfer is to the Administration of a state which is a Contracting Government, in which case the certificate may remain in force for a period not exceeding 3 months or until the new Administration issues another International Tonnage Certificate (1969), whichever is the earlier. The Certifying Authority shall transmit to the Administration of that Government as soon as possible after the transfer has taken place a copy of the certificate carried by the ship at the time of transfer and a copy of the relevant tonnage calculations. Change of net tonnage necessitating issue of certificate 11 1 When alterations in the values of V, V c , d, N 1 or N 2 as defined in regulations 6 and 7 result in an increase in the net tonnage a new International Tonnage Certificate (1969) incorporating the increased net tonnage shall be issued. 2 In the case of a passenger ship assigned subdivision load lines in accordance with the Merchant Shipping (Passenger Ship Construction) Regulations 1980 or the Merchant Shipping (Passenger Ship Construction) Regulations 1984 and load lines in accordance with the Load Line Rules only one net tonnage shall be applied. Where the draught corresponding to the Summer load line differs from that corresponding to the deepest subdivision load line the net tonnage shall, subject to paragraph (3)(a), be that determined in accordance with regulation 7 by applying the draught corresponding to the appropriate assigned load line for the trade in which the ship is engaged. 3 a Subject to subparagraph (b) below, where alterations in the values of V, V c , d, N 1 or N 2 , as defined in regulations 6 and 7, or changes in the position of the load lines result in a decrease in the net tonnage, a new International Tonnage Certificate (1969) incorporating the decreased net tonnage shall not be issued until 12 months have elapsed from the date on which the current certificate was issued. b A new International Tonnage Certificate (1969) may be issued forthwith when— i a ship which was registered outside the United Kingdom is re-registered in the United Kingdom; ii a ship undergoes alterations or modifications of a major character such as the removal of a superstructure, which requires an alteration of the assigned load line; or iii the ship is a passenger ship employed in special trades for carriage of large numbers of special trade passengers, such as the pilgrim trade. Use of gross tonnage ascertained under previous Regulations 12 1 In the case of a ship— a which is a ship the keel of which was laid or which was at a similar stage of construction before 18th July 1982; or b which is a ship the keel of which was laid or which was at a similar stage of construction not later than 31st December 1985, not being a ship referred to in subparagraph (a); or c which is a cargo ship of less than 1600 tons gross tonnage when ascertained in accordance with the provisions of Schedule 5 and Appendices 1 to 4 thereto of the Merchant Shipping (Tonnage) Regulations 1982, the keel of which was laid or which was at a similar stage of construction before 18th July 1994, not being a ship referred to in subparagraph (a); the Secretary of State may permit the continuing use of a gross tonnage additionally ascertained in accordance with the provisions of Schedule 5 and Appendices 1 to 4 thereto of the Merchant Shipping (Tonnage) Regulations 1982 for the purpose of the application of the provisions of regulations implementing the International Convention for the Safety of Life at Sea 1974 , the Protocol of 1978 relating to that Convention , the International Convention for the Prevention of Pollution from Ships, 1973, the Protocol of 1978 relating to that Convention and the International Convention on Standards of Training, Certification and Watchkeeping of Seafarers, 1978 , as amended on 7th July 1995. 2 An International Tonnage Certificate (1969) may be annotated, under “Remarks”, by the Certifying Authority— a in the case of ship to which paragraph (1)(a) refers, with the duly completed and signed entry— The ship is remeasured according to article 3(2)(d) of the 1969 Tonnage Convention. The GROSS TONNAGE according to the measurement system previously in force to the measurement system of the International Convention on Tonnage Measurement of Ships, 1969, is: RT, according to the regulations ; and b in the case of a ship to which paragraph (1)(b) or (c) refers, with the duly completed and signed entry— The ship is additionally measured according to resolution A. 494( XII ). The GROSS TONNAGE according to the measurement system previously in force to the measurement system of the International Convention on Tonnage Measurement of Ships, 1969, is: RT, according to the regulations . 3 Where such an entry has been made on an International Tonnage Certificate (1969) and the ship undergoes alterations or modifications which affect its tonnage the old tonnage referred to in paragraph (1) shall be deleted. 4 Where a gross tonnage has been ascertained and is to be used in accordance with paragraph (1), then any certificate issued for the purposes of the conventions and protocols referred to shall record only that gross tonnage together with an appropriate footnote— The above gross tonnage has been determined by a Certifying Authority (a tonnage authority) of the United Kingdom in accordance with the national tonnage rules which were in force prior to the coming into force of the International Convention on Tonnage Measurement of Ships, 1969. ; or See REMARKS column of the valid International Tonnage Certificate (1969) . PART III APPLICATION, ASCERTAINMENT OF TONNAGE AND CERTIFICATION FOR UNITED KINGDOM SHIPS OF LESS THAN 24 METRES IN LENGTH, OTHER THAN FISHING VESSELS Application 13 1 This Part shall apply to ships, being ships of less than 24 metres in length, and not being fishing vessels, registered or to be registered under Part II of the Act and for which the ascertainment of tonnage is required under Regulations made under section 10 of the Act. Measurement and certification 14 1 A ship shall be measured by a surveyor or by a measurer appointed by an organisation authorised by the Secretary of State. 2 The tonnage of a ship shall be the sum of — a the product of multiplying together its length overall, extreme breadth over the outside hull and depth in metres and multiplying the resultant figure by 0.16; and b the tonnage of any break or breaks, calculated for each break by multiplying together its mean length, mean breadth and mean height in metres and multiplying the resultant figure by 0.35. 3 For the purpose of this Part— a the breadth of a ship shall be its extreme breadth over the outside plating, planking or hull, no account being taken of rubbers or fenders even if they are moulded so as to be integral with the hull; b the depth of a ship shall be measured vertically at the midpoint of the length overall. i The upper terminal point for depth shall be— aa in the case of a decked ship, the underside of the deck on the middle line or, if there is no deck on the middle line at the point of measurement, the underside of the deck at the side of the ship plus the full deck camber; bb in the case of an open ship, the top of the upper strake or gunwale. ii The lower terminal point of depth shall be— aa in the case of a wooden ship, the upper side of the plank at the side of the keel or hog; bb in the case of a metal ship, the top of the plating at the side of the keel; cc in the case of a glass reinforced plastic ship, the inside of the hull. Where no keel member is fitted and the keel is of open trough construction, the lower terminal point for depth shall be the top of the keel filling, if fitted, or the level at which the inside breadth of the trough is 10 centimetres, whichever gives the greater depth. iii Where a break exists in way of the point of measurement for depth, the height of the break shall not be included in the measurement of depth. 4 The tonnage determined in accordance with paragraph (2) shall be the gross tonnage and net tonnage. 5 In the case of a multi-hull ship the tonnage of each hull shall be measured separately and the sum of such tonnages shall be used in computing the tonnage referred to in paragraph (2). 6 All measurements used in the calculations of volumes shall be taken and expressed in metres to the nearest one hundredth of a metre. 7 Tonnage shall be expressed to two decimal places, the second decimal place being increased by one if the third decimal place is 5 or more. 8 On completion of the measurement the surveyor or measurer, as the case may be, shall forward to the Secretary of State a Certificate of Measurement in a form approved by the Secretary of State. 9 Where alterations are made in the arrangement, construction, capacity, use of spaces, total number of passengers the ship is permitted to carry under the terms of the ship’s passenger certificate, assigned load line, or permitted draught of the ship such as would cause an increase in the tonnage, the existing measurement shall cease to be valid, any certificate shall be delivered up to and cancelled by the issuer and the owner of the ship shall make an application for it to be remeasured in accordance with paragraph (1). 10 Notwithstanding paragraph (2) nothing in this Part shall be taken to require any ship the tonnage of which was validly determined under the law in force immediately before the coming into force of these Regulations to have its tonnage re-determined. PART IV NON-UNITED KINGDOM SHIPS Ascertainment of tonnage and certification 15 1 The Secretary of State may , at the request of the Administration of a Contracting Government, ascertain the gross and net tonnages of a non-United Kingdom ship in accordance with Part II and issue to the owner an International Tonnage Certificate (1969). In such cases the certificate shall be endorsed to the effect that it has been issued at the request of the Government of the state whose flag the ship is or will be flying, and a copy of the certificate and the calculations of the tonnages shall be transmitted to the requesting Government as soon as possible. 2 The Certifying Authority may, at the request of an owner of a non-United Kingdom ship flying the flag of a State whose Government is not a Contracting Government, ascertain the gross and net tonnages of the ship in accordance with Part II and issue a Certificate of British Tonnage measurement. In such a case the certificate shall bear the endorsement “for use only whilst within United Kingdom waters”. PART V PENALTIES Penalties 16 Any owner or master who fails without reasonable cause to deliver up a certificate for cancellation as required by regulations 10(1) or 14(9) shall be guilty of an offence punishable on summary conviction by a fine not exceeding level 3 on the standard scale. Signed by authority of theSecretary of State for Transport Glenda Jackson Parliamentary Under-Secretary of State, Department of Transport 7th June 1997