PROFESSIONAL BOATMANS
ASSOCIATION
Licensing and Codes of Practice
Commercial operators of small vessels are regulated either by a Local Authority Licence or operate under one or more of a number of Codes of Practice (C.O.P). These codes of practice are supervised by the Maritime and Coastguard Agency (M.C.A). Charter vessels involved in Angling, Diving or similar activities will normally be operating under either a Local Authority Licence or the, so called, 'Yellow Code' or 'Red Code'. Sail training vessel, 'Skippered' sailing yacht charter and 'Bare Boat' charter will normally be covered by the 'Blue Code'.. Small vessels involved in non-sport/pleasure commercial activities will normally operate under the 'Brown' code.(see below for specific exemptions for vessels already registered under other codes).
Customers should check that any vessel which they charter is licenced by a local authority or certified under the code of practice and is operating within the limitations of such licence or code. This also applies to 'bare boat' charter. If a vessel is not complying then its insurance is invalid!
The basic restrictions of the license or codes are outlined below. Full details of the requirements of each code can be found in the official publications by H.M.S.O. Any reference numbers in the following text relate to paragraphs in the official publications.
The full Codes can be obtained on CD rom from regs4ships. For details go to Codes on CD rom..
- Local Authority Licence
- C.O.P. for the safety of small commercial motor vessels ('Yellow code').
- C.O.P. for the safety of sail training vessels ('Blue code').
- C.O.P. for the safety of small workboats and pilot boats ('Brown code').
- C.O.P. for the safety of small vessels in commercial use for sport or pleasure, operating from a nominated departure point ('Red code').
NOTE: "Crown copyright is reproduced with the
permission of the Controller of Her Majesty's Stationery Office
PERMITTED USES. This material may be accessed and downloaded onto electronic,
magnetic, optical or similar storage media provided that such activities are
for private research, study or in-house use only.
RESTRICTED USES. This material must not be copied, distributed, published or
sold without permission of the Controller of HMSO.
Local Authority Licensing
The area and conditions of operation may vary between different Local
Authorities but vessels so licenced will be confined to sheltered waters eg.
harbours and estuaries etc. Their area of operation will not extend outside of
'Category D' waters.
N.B. Some Local Authorities may be Certifying Authorities for the MCA codes of
practice.
C.O.P. for the safety of small commercial motor vessels
Application
Compliance with the Code satisfies the requirements of the Merchant Shipping (Vessels in Commercial Use for Sport or Pleasure) Regulations 1993 to the extent covered by 1 .4 of the code publication. The Code may be applied to any United Kingdom commercially operated motor vessel of up to 24 meters load line length (and any such motor vessel registered or owned in an other country when it operates from a United Kingdom port) which proceeds to sea, does not carry cargo and does not carry more than twelve passengers.
The Regulations apply to vessels operated by proprietors' clubs and associations and when the owner/managing agent is either corporate or private.
The Code should apply from the 1 April 1994.
The Code applies to monohull and multihull vessels.
It is the responsibility of the owner/managing agent to ensure that a vessel is properly maintained and examined in accordance with the Code.
Areas of Operation
A vessel may be considered for the issue of a certificate allowing it to operate in one of the following five areas:-
- Category 4 - up to 20 miles from a safe haven, in favorable weather and in daylight;
- Category 3 - up to 20 miles from a safe haven;
- Category 2 - up to 60 miles from a safe haven;
- Category 1 - up to 150 miles from a safe haven;
- Category 0 - unrestricted service.
Certification
To be issued with a certificate for a particular area of operation a vessel should comply with all the requirements of the Code for that operating area, to the satisfaction of the Certifying Authority.
Sport Diving, Sea Angling and Other Water Based Activities.
The Code deals with safety of the vessel and its occupants but the sport or pleasure activities of those on board are not considered from the particular safety needs which may be relevant to the activities.
The Government's objectives for sport were set out in the document "Sport and Active Recreation" which was published in 1991. The principle of self-determination for sports bodies has been encouraged to the extent that when it has been necessary to impose some form of control on such bodies - such as safety or environmental matters - the policy has usually been to encourage the bodies to adopt voluntary codes or procedures which would have the same effect as regulation.
In 1990, the Minister for Sport commissioned a review into safety in water sports. The review concluded that the current system of self-regulation developed by the governing bodies of sport is sufficient to meet their responsibility for the safety of sports participants.
Vessel owners/managing agents and charterers are recommended to discuss and agree their respective responsibilities for safety before the vessel goes to sea.
C.O.P. for the safety of sail training vessels
Application
Compliance with the Code satisfies the requirements of the Merchant Shipping (Vessels in Commercial Use for Sport or Pleasure) Regulations 1993 to the extent covered by I .4 above. The Code may be applied to any United Kingdom commercially operated sailing vessel of up to 24 meters load line length (and any such sailing vessel registered or owned in an other country when it operates from a United Kingdom port) which proceeds to sea, does not carry cargo and does not carry more than twelve passengers.
The Regulations apply to vessels operated by proprietors' clubs and associations and when the owner/managing agent is either corporate or private.
The Code should apply from the 1 April 1994.
The Code applies to monohull and multihull vessels.
It is the responsibility of the owner/managing agent to ensure that a vessel is properly maintained and examined in accordance with the Code.
Areas of Operation
A vessel may be considered for the issue of a certificate allowing it to operate in one of the following five areas:
- Category 4 - up to 20 miles from a safe haven, in favorable weather and in daylight;
- Category 3 - up to 20 miles from a safe haven;
- Category 2 - up to 60 miles from a safe haven;
- Category 1 - up to 150 miles from a safe haven;
- Category 0 - unrestricted service.
Certification
To be issued with a certificate for a particular area of operation a vessel should comply with all the requirements of the Code for that operating area, to the satisfaction of the Certifying Authority.
Sport Diving, Sea Angling and Other Water Based Activities
The Code deals with safety of the vessel and its occupants but the sport or pleasure activities of those on board are not considered from the particular safety needs which may be relevant to the activities.
The Government's objectives for sport were set out in the document "Sport and Active Recreation" which was published in 1991. The principle of self-determination for sports bodies has been encouraged to the extent that when it has been necessary to impose some form of control on such bodies - such as safety or environmental matters - the policy has usually been to encourage the bodies to adopt voluntary codes or procedures which would have the same effect as regulation.
In 1990, the Minister for Sport commissioned a review into safety in water sports. The review concluded that the current system of self-regulation developed by the governing bodies of sport is sufficient to meet their responsibility for the safety of sports participants.
Vessel owners/managing agents and charterers are recommended to discuss and agree their respective responsibilities for safety before the vessel goes to sea.
Interpretation
Where a question of interpretation of a part of the Code arises a decision may be obtained on written application to the Deputy Surveyor General 1 in the Surveyor General's Organisation of the Department of Transport, who may consult with others as deemed appropriate.
C.O.P. for the safety of small workboats and pilot boats
Application
Compliance with the Code satisfies the requirements of the Merchant Shipping (Small Workboats and Pilot Boats) Regulations 1998. The Regulations permit the Code to be applied to any United Kingdom commercially operated vessel of up to 24 metres load line length (and any such vessel registered or owned in another country when it operates from a United Kingdom port) which proceeds to sea, carrying cargo and/or not more than 12 passengers or providing a service in which neither cargo nor passengers are carried.
The Merchant Shipping (Small Workboats and Pilot Boats) Regulations 1998, under which the Code is applied, states that "any provision of the Code expressed in the conditional (i.e. 'should') shall be a requirement".
The Code should apply on the date of coming into force of the enabling Merchant Shipping (Small Workboats and Pilot Boats) Regulations 1998 to:-
pilot boat and small vessels which carry cargo; and subject to the provisions given below (in this sub-section), small vessels which do not carry cargo and which are in commercial use for purposes other than sport or pleasure and are subject to the Merchant Shipping (Load Line) Regulations 1998.
The Code should apply on the date of coming into force of the enabling legislation to the class of small seagoing workboats which was previously exempt from load line regulations and certification . (The vessels were not exempt from other Merchant Shipping regulations.)
The workboats were previously exempt from load line regulations as vessels of under 80 tons register (net tons) which were engaged solely in the United Kingdom coasting trade while not carrying cargo and "carrying not more than 12 passengers on a voyage in the course of which they are at no time more than 3 miles from land nor more than 15 miles from their point of departure, unless the point of departure lies within category A, B, C or D waters when the distance of 15 miles shall be measured from the seaward boundary of such limits". The exemption has been removed. (Other previously exempt commercial vessels which are not small vessels but which are now required to be certificated, should be certificated in compliance with the Merchant Shipping (Load Line) Regulations 1998 and other regulations appropriate to the use of the vessel.)
The Code applies to monohull and multihull vessels.
It is the responsibility of the owner/managing agent to ensure that a vessel is properly maintained and examined in accordance with the Code.
Areas of Operation
A vessel other than a dedicated pilot boat may be considered for the issue of a Workboat Certificate allowing it to operate at sea within one of the following areas:
- Category 6 - within 3 miles of land and not more than 3 miles radius from either the point of departure to sea or the seaward boundary of protected waters (see definition of "protected waters");
- Category 5 - up to 20 miles from a nominated departure point, in favorable weather and in daylight;
- Category 4 - up to 20 miles from a safe haven, in favorable weather and in daylight;
- Category 3 - up to 20 miles from a safe haven;
- Category 2 - up to 60 miles from a safe haven;
- Category 1 - up to 150 miles from a safe haven.
A pilot boat should have a valid Pilot Boat Certificate (or Pilot Boat endorsement of a valid Workboat Certificate) allowing it to operate in the area(s) in which it provides a pilotage service, including areas which are not to sea.
Certification
To be issued with a certificate for a particular area and type of operation, a vessel should comply with all the corresponding requirements of the Code to the satisfaction of the Certifying Authority.
Sport Diving, Sea Angling and Other Water based Recreation Activities
The relevant Code of Practice and certification for the safety of small vessels in commercial use for sport or pleasure is one which is accepted by the Merchant Shipping (Vessels in Commercial Use for Sport or Pleasure) Regulations 1993.
Interpretation
Where there is a question of application of the Code, or of interpretation of a part of the Code, the owner/managing agent of the vessel concerned should in the first instance seek clarification from the Certifying Authority. In situations where it is not possible to resolve an issue of interpretation, a decision may be obtained on written application to the Director of Standards Division in the Maritime and Coastguard Agency, who may consult with others as deemed appropriate.
Workboat duties by vessels certified under other codes
Vessels certified under the 'Small commercial vessel' and the 'Sail training' codes may operate as a workboat in their existing area of operation and carrying no greater than their current certification permits, on application to their Certifying Authority for issue of an SCV1 (workboat). The maximum load of cargo shall be no more than 1000 kg.
C.O.P. for the safety of small vessels in commercial use for sport or pleasure, operating from a nominated departure point
The ISBN Number of the 'Red code' publication is 0115518126. It came into force on 1st April 2000.
For Questions and Answers regarding this code see NDP Road Show 2000 Q and A.
Application
The Code applies from the date that the enabling Merchant Shipping (Vessels in Commercial Use for Sport or Pleasure) (Amendment) Regulations 2000 come into force. These Regulations enable the Code, and compliance with the Code satisfies the requirements of the Regulations.
The Code applies to any United Kingdom motor or sailing (monohull and multihull) vessel of less than 24 metres in length which is in commercial use for sport or pleasure around the coast of the United Kingdom within the areas defined in 3.2 and the conditions of operation corresponding to the area, and provided it does not carry more than 12 passengers and does not carry cargo.
Small vessels in commercial use for sport or pleasure which operate outside the areas and/or conditions defined in 3.2 must comply with the requirements of the appropriate Code. of Practice for the safety of small commercial motor or sailing vessels.
This Code makes reference to the Codes of Practice for the safety of small commercial motor and sailing vessels, and applies the safety standards of those Codes to vessels which seek certification to operate in area category 5.
The Regulations and the Code apply to a vessel registered or owned in another country when it operates from a United Kingdom port.
The Regulations apply the Code to vessels operated by proprietary clubs and associations and when the owner/managing agent is either corporate or private.
Types of vessel to which the safety standards of the Code apply, but which are not of normal displacement vessel form and are not compatible with the standards, may be assessed by the MCA. The level of safety standards and any operating, conditions will be appropriate to the type of vessel and its area of operation.
It is the responsibility of the owner/managing agent to ensure that a vessel is examined and properly maintained in accordance with the Code.
Area of Operation
A vessel may be considered for the issue of a certificate allowing it to operate within the following areas:-
Category 6 - to sea, within 3 miles of a nominated departure point(s) and never more than 3 miles from land, in favourable weather and daylight.
Category 5 - to sea, within 20 miles from a nominated departure point(s) in favourable weather and daylight.
Depending on the nature of the vessel and its use, a vessel may be restricted to less than the above specified limits. Such a restriction should be recorded on the small commercial vessel certificate for the vessel.
Standards
Vessels operating in area category 6
Vessels operating in area category 6 must comply with the standards set out in Sections 4 to 28 of this Code and Annexes 2 to 8.
Vessels operating in area category 5
Motor (or sailing) vessels operating in area category 5 must comply with the standards for a category 4 vessel in the Code of Practice for the Safety of Small Commercial Motor (or Sailing) Vessels respectively
For the purpose of the application of the small commercial rnotor or sailing vessel codes to a vessel operating in category 5, reference to "existing vessel" should be an "existing vessel" as defined in Section 2 of this Code.
Section 26 and Annex 6 of this Code applies for manning requirements, and Section 27 of this Code applies for compliance procedures, certification, examination and maintenance.
Certification
To be issued with a certificate for a particular area of operation, a vessel must comply with all of the requirements of the Code for that operating area to the satisfaction of the Certifying Authority.
A certificate is to be valid for not more than five years.
Phase in Period
A small vessel constructed new (see Section 2 for definitions of "existing vessel" and "new vessel") on or after the date upon which the Code comes into force (1 April 2000) should be built and equipped to comply with the Code requirements for a new vessel, and be registered with the MCA before it comes into operation
The phase in period for an existing small vessel is from the date the Code comes into force until 1st April 2001, and the certification required by 3.4 will apply from 1 April 200 I .
The owner/managing agent of an existing small vessel in commercial use for sport or pleasure, to which this Code and its certification will be applied from 1 April 2001, must register the vessel with the MCA before 1 August 2000.
In the event that an existing vessel is not registered with the MCA before 1 August 2000 and the owner/managing agent applies for a certification in accordance with the Code, the vessel will be treated as a new vessel for the application of Code requirements.
The form of the registration and the information it provides is to be in accordance with Annex 3, which contains the MCA address to which the registration should be returned. It is acceptable to submit a vessel registration on a copy of Annex 3.
During the period until 1 April 2001, an existing small. vessel in commercial use for sport or pleasure, for which the owner/managing agent intends to seek certification in accordance with the Code, must have a valid certificate for its area of operation in accordance with regulations applicable to the area. The valid certificate may be:-
a licence to operate issued by a local authority (see paragraph 1.8); or
a Small Commercial Vessel Certificate, issued in accordance with the Codes of Practice for Small Commercial Motor or Sailing Vessels.
However, in the case of a vessel which has operated without a licence because the local authority in the operating area has not used its powers to require a licence, the vessel may continue to operate until 1 April 2001, at which date it should be certificated in accordance with MCA requirements. Owners/managing agents should be aware that any vessel may at any time be subject to a random safety inspection by a MCA surveyor.
Interpretation
An assessment: of variations to the standards applied by the Code may be made by the MCA upon application by the Certifying Authority. Annex 4 provides guidance on the procedure which should be followed.
For guidance on the application of safety standards which may be appropriate but are not explicit in this Code, reference should be made to the requirements of the Codes of Practice for the safety of small commercial motor or sailing vessels which are given power by the Merchant Shipping (Vessels in Commercial Use for Sport or Pleasure) Regulations 1998, as amended.
In any other case, when a question of interpretation of a part of the Code arises, or guidance is required on the standards to be applied for compliance with this Code, advice may be obtained on written application via the Certifying Authority to the Director of Maritime Standards and Pollution Prevention (MSPP) of the MCA, who may consult with others as deemed appropriate.
MCA Codes on CD rom.
The MCA have published safety codes for Motor and Sailing vessels (the "blue" and "yellow" codes) for some time. However, these codes refer to many other regulations and technical notices (called M Notices). These change or are updated frequently.
"Small Boat Codes" is a CD Rom containing the MCA codes and all other relevant information - PLUS an update service.
"Small Boat Codes" CD Rom includes:-
- The electronic version of the Blue and Yellow Codes, for Sailing and Motor Boats;
- 12 sets of Regulations - all fully amended up to date;
- 10 Merchant Shipping Notices
- 10 Marine Guidance Notes
- 8 other source documents from the EC, IMO and MCA
- M Notices cover topics such as: Pollution, Medical, Liferafts, Life-jackets, Electrical equipment, EPIRBS and Food Hygiene.
If you require further details, or an order form, please visit:-
www.regs4ships.com Alternatively if you
have any queries please contact Richard Eastham Technical Director - regs4ships
Email: TechnicalDirector@shippingregs.com
Tel: 01329 512 752
Top of Page : Home Page :
What is the PBA : Fishing/Diving Issues
Members Page : Boat Directory
: For Sale/Wanted :
Links & Contacts