Operations Advice Note / Document
Number:
OAN 420
Revision: 01 / Domestic Passenger Ship Standards / Page 1 of 12
Date: 31 Mar05 / Distribution A, B, D and Class
1.Introduction
The EU Directive 98/18/EC (amended by 2002/25/EC and 2002/84/EC) on sea-going Passenger Vessels on domestic voyages, came into force on 1st January 2003 for all new build domestic passenger ships built of steel or equivalent materials. The Directive is aimed at larger vessels constructed of steel which go to sea and has been causing problems in implementation for the smaller vessels, on very restricted service and those constructed of other materials. MCA needs to develop standards which will readily suit these vessels, but in the meantime surveyors need some guidance. This OAN replaces OAN 318 which previously covered this subject.
2.Construction Material
The Directive is quite specific in that it does not apply to vessels not constructed of steel or equivalent materials. The preamble recognises that some categories of vessel were excluded because the rules in the Directive were “technically unsuitable or economically unviable”. The definition of steel or equivalent material is quite clear in 6.2.7 - as being “any non-combustible material, which by itself, or due to insulation provided, has structural and integrity properties equivalent to steel at the end of applicable exposure to the standard fire test (e.g. aluminium with appropriate insulation)”.
In 7.2 the code specified the equivalent for aluminium and the maximum temperatures of the core at the end of the fire test (200 o C).
In respect of GRP, this material is firstly, combustible and secondly, there is presently no agreed specification for the standard of insulation to maintain core temperature at which structural integrity is not significantly impaired and, at what temperature this occurs. Thus it is considered, at present, the directive cannot be applied to GRP or timber vessels, but it should be applied to new steel or aluminium craft.
Therefore, for materials “other than steel or equivalent” (e.g. GRP or timber), the regulations appropriate to UK Class III to VI(A) should be applied, until advised otherwise. These do provide a reasonable level of protection against fire and surveyors are requested to ensure that vessels comply with at least the level of protection detailed in Chapter 13 of the Instructions for the Guidance of Surveyors on Fire Protection Arrangements (Note: Para. 13.17 states that GRP or wood will notnormally be accepted for Classes II(A) , III and IV) and 13.18 states that for Classes V to VI(A) constructed of other materials, full details should be submitted to HQ).
The Directive does allow for equivalent national safety standards on ships of less than 24 metres in length. The directive also incorporates the revised Chapter II-2 of SOLAS, which allows for equivalence under the same principles as Part F (Regulation 17) of the amended SOLAS Chapter II-2. At present there is no guidance available for application of this equivalence and Shipping Safety Branch would need to be consulted, but it is not thought to be economically viable for small operators to present a case for such equivalence.
3.Construction Standards
At present the recognised standards (Article 6(1)(a)) are the rules of the recognised organisations referred to in Merchant Shipping Notice 1672. Surveyors attention is drawn to the guidance in the Instructions for Surveyors (Survey and Certification) section 8.1, and in particular to 8.1.6. For vessels of less than 24 metres the standards of SEAFISH may be accepted as recognised standards for GRP or timber vessels.
4.Arrangements and Equipment
There are also aspects of the Directive which do not lend themselves to application on small vessels (say under 24 metres), particularly those on very restricted UK plying limits. For example the provision of more than one liferaft, or providing redundancy on small vessels can be problematic.
However, there is much to commend in the Directive which implements better standards than those presently in force on older vessels and therefore there is concern at the widening gap between the standard of new build passenger vessels and the standard for the pre-1992 existing fleet. There is some concern about discrepancies between passenger vessels and Code of Practice vessels, where some standards are higher on Code vessels than on passenger vessels.
It has been agreed that the way forwards is to consider development of a new “Code of Practice” for “small domestic passenger vessels” which will fill the gap left by the Directive and bring together the many and various aspects of the legislation. It will need to be compatible with the harmonised code and large yacht code. The intention will then be to submit to the EU as an equivalent standard (in much the same way as the large yacht code was developed as an equivalent to SOLAS). This code would be based on the directive and allow for progressive compliance, rather than the step change which exists at present.
In respect of GRP and timber vessels, although compliance may only be enforced to the Class III-VI(A) standards at present, builders should be encouraged to adopt best possible compliance with the Directive. Surveyors should note that construction standards (i.e. MSN 1672) are the same regardless of material and in this respect surveyors must ensure vessels meet Class rules. With the exception of construction material, it is envisaged that all other arrangements and equipment requirements willeventually be harmonised. Builders and Operators should be warned that if they build to lower than Directive standards, such vessels are likely to require retro-fitting or may be phased out sooner than compliant vessels. To encourage vessels to be built to the higher standards of the Directive (in all respects (e.g. subdivision etc) apart from construction material) owners will be given the advantage of being able to operate within the appropriate EU operating areas (e.g. A to D (UK Waters Only) rather than III to VI(A) limits).
Bridge Visibility
Due to an oversight in drafting legislation, the requirements for bridge visibility were revoked by way of the Merchant Shipping (Safety of Navigation) Regulations 2002. This was because bridge visibility requirements were contained within SOLAS for vessels of 45 metres and over and this was incorporated into the new legislation, forgetting that the UK requirements extended to all passenger ships below this size. Therefore the requirements of the Merchant Shipping (Passenger Ships of Classes IV, V, VI and VI(A) – Bridge Visibility) Regulations, as amended by the (Navigation Bridge Visibility) Regulations 1998, should be applied as if they had not been revoked.
A new S.I. to correct this oversight, has already been drafted and there will be no gap in application date from the 1998 Regulations.
5.Radio Equipment
5.1 The Directive (Article 6(1)(b) as amended) and present UK Radio Regulations require all vessels going to sea to comply with the requirements of GMDSS. Some relaxations have been permitted, but it is time to formalise the standards and attached is a General Exemption which has been issued to permit this equivalent level of safety on Class VI vessels. Ship specific exemptions may be appropriate for vessels on more restricted service than those stipulated in the UK Classes.
It is envisaged that MCA will propose that EU Classes C and D be accepted with the same level of equipment as UK Class VI(A), unless restrictions are imposed equivalent to those of UK Class VI (i.e. restricted periods, summer, daylight and favourable weather) in which case equivalent Class VI level of equipment may be accepted. However any exemption from the Directive must be submitted to the Commission through a procedure stipulated in the Directive. MCA will take this approach, but will not be able to agree to any formal exemption until confirmation has been received from the Commission. The feeling is, at this moment, that the Commission may not accept this level of equipment. (e.g. The Danish Maritime Administration intends to permit Class D vessels to dispense with a SART and EPIRB only). Therefore, until MCA receives a clearer picture, surveyors should request full compliance, but may accept the level of equipment for Class VI(A) on a temporary basis, only on the proviso that operators are advised in writing of any deficiency according to the Directive which may have to be rectified to EU requirements. (i.e. Code 99 – Exemption applied for, but can only be granted if agreed by the EC under article 7(4)).
5.2 Class IV and V Radio Equipment
No exemptions will normally be given for class IV and V passenger vessels in accordance with the amended Life Saving Appliances Regulations.
While VHF is the preferred equipment (for communication with the HMCG and other vessels), the current coast station infrastructure is coastal and directed seaward and not inland. Thus, the majority of Class IV & V vessels may not be within coverage of a DSC (Digital Selective Calling) Coast Station. Marine VHF may not be effective in estuaries and remote lakes. There may be other inland areas which have good VHF coverage.
With this in mind, it is required that owners/masters should be able to demonstrate to the satisfaction of an MCA surveyor that their ship can initiate and receive a distress call/alert by at least one means at all times in all locations. Therefore, means other than marine VHF may be needed in addition to VHF. Two VHFs are required also for ship to ship as well as liferaft to ship communication. Owners to demonstrate they can perform required tasks.
Means by which the distress call is made should be applicable to the type and operation of the ship. This may be:
VHF1 (with DSC2) – Minimum Class D
406 MHz EPIRB
Satellite phone
Mobile Telephone
In all cases, ships should provide equipment with suitable weatherproofing and charging facilities.
5.3 Radio Survey Requirements
It is recommended that initial inspections of radio installationsare carried out by a Radio Surveyor who will issue a declaration before the Passenger Certificate is issued. Where the installation is very simple (i.e. according to the exemption), the surveyor may carry out a functional radio check without special radio survey. For more complicated new installations of vessels (e.g.complying with full GMDSS for Area A1), surveys should be carried out by the Radio Surveyor, with costs to the owners account. Where Radio Surveyor inspections are requested by MCA on vessels with simple installations, this can be covered under the MCA inspection contract in the normal manner, without charge to the owner.
Where necessary, new equipment fitted to a ship may also be inspected by an MCA appointed Radio Surveyor.
5.4 Radio Exemptions
Requests for exemption from the Radio Installation Regs.1998 (2070), Life Saving Appliance Regulations. 1999 (2723) and EU regulations should be submitted to Navigation Safety Branch.
5.5 Radio Operator Qualifications
GMDSSShortRange Certificate (SRC)
5.6 Radio Performance standards for equipment
Transceiver (Fixed) Facility – ETS 300 162 Second Edition or EN 301 025
DSC Facility – ETS 300 338 or EN 301 025
Watchkeeping facility – EN 301 033 (or as incorporate in the DSC facility)
Survival Craft Two Way VHF – ETS 300 225 Third Edition
Float Free 406 MHz EPIRB – ETS 300 066 Second Edition
5.7 Date Radio Equipment to be fitted
All Ships – immediately
Existing Ships – intended from1 February 2005 – although this date has now passed, it should be provided as soon as practical. The date for implementation of GMDSS has been well known for some time and was publicised in MIN 119 and MIN 85 before that. DSC VHF (Class D) radios are now readily available in most chandlers, from under £200.
6.Navigation Equipment
A similar situation exists with navigation equipment. The Directive (Article 6(1)(c), 6(2)(a)(i) and 6(3)(a) as amended) requires full compliance with SOLAS Chapter V (in its “up-to-date version” from 23 November 2003 as per amending Directive 2002/84/EC). As regards 6(1)(c), new V/19 should be applied for shipborne navigational equipment, but with due regard to exceptions permitted (and references given to application of the previous V/12) in V/19.1. Regulation 6 of the SI on Domestic Passenger Ships through the Directive cross-reference to SOLAS Chapter V. For the purposes of the Regulations and the Directive, the requirements given in the associated MCA publication “Safety of Navigation” apply even though it may at first glance appear that they have been disapplied by the associated Safety of Navigation Regulations 2002. The administration has the power under SOLAS V, Regulation 1(4) to determine to what extent the provisions may not apply to small ships. Within the “Safety of Navigation” publication there is sufficient guidance for surveyors on application to all vessels, which is summarised in detail in Annexes 11 (new ships) and 12 (existing ships). Much of the equipment is required on vessels over a certain gross tonnage or only vessels on international voyages and should be applied as stated in the Guidance.
There are additional requirements for passenger ships to be provided with AIS and VDR (Required by 23 November 2003 when Directive 2002/84/EC came into effect). AIS is required on all seagoingpassenger ships of over 300 GT from 23 November 2003 for new ships and not later than 1 July 2008 for existing ships (SI 2002 No. 1473, Reg 4(7) and SOLAS V/19.2.4.3 refers). (Note: AIS only applies to seagoing ships because in the definition of “ship” in the VTM Directive, it is defined as seagoing vessel or craft). VDRs are only required for ships on international voyages and therefore not applicable to Domestic Vessels unless required by other regulations (e.g. Directive 1999/35/EC for EU Class A, Ro-Ro and High Speed Craft on regular ferry services and by 2002/59/EC). Navigation Safety Branch will be in contact with the European Commission explaining the UK position, to avoid any future complications when vessels trade with other EU States.
For ships which go to sea (EU or UK Classes), global navigation satellite system (GNSS, usually GPS) is required on all ships. GNSS is strongly recommended on all other ships (i.e. UK Class IV and V) as an economic means of locating position. Where alternative equivalent means are available, they may be considered as equivalent (e.g. on canals where a precise position can be obtained at all times by visual means).
Navigation Equipment on ships below 150 GT need not be of an approved type (Regulation 4(3) of the Merchant Shipping (Safety of Navigation) Regulations refers).
7.Operations
Vessels complying with EU Classes do not cease to be UK Classes. (In the same way as a Passenger Ship engaged on Short International voyages is still a UK Class II, an EU B is still either a Class II(A) or III). The EU regulations mentioned above only apply to construction aspects of vessels, unless specific EU regulations apply (e.g. Hours of Work), which means that other relevant Merchant Shippingregulations apply to vessels regardless of what EU Class they may be. For example, the operations requirements for Domestic Passenger Safety Management Code, Passenger Counting, Search and Rescue Plans, Boat Master Licences etc all apply to the relevant classes.
8. New or Existing Ship?
For vessels to be considered as existing vessels it is important that they complied with the regulations which would have applied previously and been issued with the appropriate “existing vessel” certificate. This provides the known baseline standard from which to build, noting that some modifications are not considered practical on existing ships, but the premise is that it complied with the original standards. For example, a UK ship previously issued with a UK Class IIA certificate could be considered as an “existing” ship for application of the EU B standards. Conversely, a Class III or VI may not be considered as an existing EU B (without restriction) unless it previously complied with the standards appropriate to its Class. A vessel which is modified by lengthening, or any change that substantially alters the passenger carrying capacity or any change that substantially increases the ships life should be considered as modifications of a “major character” and treated as new. (Refer to Article 6 of 1998/18 and Annex 1 of Ch1 of 2002/25). A ship converting from cargo to passenger is therefore to be treated as new. An existing passenger ship coming from another country (with a passenger certificate issued under their national regulations) which has not been issued with a UK passenger certificate before, should be treated as a new ship. If the owner appeals, then to consider more fully the owner should be requested to provide sufficient evidence that the previous national standards are at least equivalent to UK standards. This would require a translation of the national standards into English, with a direct comparison with each UK regulation. Where the other national standards fall short of the UK standards, then the vessel is to be treated as a new ship in total. Vessels issued with an EU Directive certificate by a MemberState should be accepted for that Class, providing the vessel is found to fully comply with the Directive. Advice may be sought from Shipping Safety Branch in cases of doubt.
9.Exemptions
Where any exemptions from the EU Directive are envisaged the procedure laid out in Article 7(3) would need to be followed and is not within the powers of MCA to agree to these unless confirmed by the Commission. There may be a six-month wait for confirmation before they can be formalised and owners should be informed if this is the case.
No exemption is permitted for an individual ship, but must be either a general exemption or an amendment to national regulations which are seen as acceptable by the EU. (i.e. Such standards must be applied consistently for any vessel operating under the same conditions). All such proposed exemption must first be submitted through the relevant Branch of HQ.
10.Certification
As explained above, steel and aluminium vessels will require to comply with the Directive and will be issued with EU Directive Certificates (MSF 1225). Vessels constructed of other materials will require to comply with Class III-VI(A) regulations and must be issued with the appropriate Class III-VI(A) Certificate. Such vessels will be limited to UK waters only (noting the comment about plying limits 1st paragraph of 4 above). For vessels other than steel, with agreed extended limits (as per the last paragraph of 4 above), a Class VI certificate with appropriate EU limits should be issued. In addition, an exemption will be required from the Class VI limits on thecondition that the vessel complies with Directive 98/18/EC in all respects with the exception of construction material.
11.Long Term Objective
This clearly is not a satisfactory long-term situation and MCA will progress towards harmonising our treatment of respective types of craft.