1. What is the primary legislation for the NDP Code of Practice coming into
force?
A. Statutory Instrument 1998 No. 2771, The Merchant Shipping (Vessels in
Commercial Use for Sport and Pleasure) Regulations 1998 as amended by Statutory
Instrument 2000 No. 482, The Merchant Shipping (Vessels in Commercial Use for
Sport and Pleasure) (Amendment) Regulation 2000.
2. What is a Certifying Authority?
A. "Certifying Authority" means either the MCA or any Local
Authority or other organisation authorised by the MCA to:
(a) appoint persons for the purpose of examining vessels and issuing and
signing Declarations of Examinations; and
(b) issue Certificates."
3. What is a Competent Authority?
A. A "Competent Authority" in respect of manning
qualifications (Annex 6) means either the MCA or an organisation that issues
Certificates of Competence which has applied for and been granted recognition
by the MCA as having the appropriate technical and administrative
expertise."
4. Do Categories 5 and 6 state that vessels must operate in daylight hours?
A. Yes, 3.2 of the Code defines Categories 5 and 6 as:
"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 of a nominated departure point(s) in
favourable weather and daylight."
5. Do new vessels have to comply with the NDP Code of Practice from lst
April 2000?
A. Yes, the definition of a new vessel taken from the Code states
"the keel of which was laid or the construction or lay-up was started on
or after 1st April 2000"
6. What's the definition of Favourable Weather?
A. Favourable Weather is defined in the Code as follows "means
wind, sea and visibility conditions which are deemed by the skipper to be safe
for a small vessel to operate within the limits applied to it; or, in any other
case means conditions existing throughout a voyage or excursion in which the
effects either individually or in combination of swell, height, of waves,
strength of wind and visibility cause no hazard to the safety of the vessel,
including handling ability."
7. What was the thinking behind the changing of a Safe Haven to a NDP?
A. A Nominated Departure Point (NDP) restricts the area of operation and
applies a lesser standard for vessels operating near the coast and therefore
within a low risk area.
8. What's the definition of daylight?
A. The definition of daylight of daylight as defined in the NDP Code is
"Daylight means one hour before sunrise until one hour after sunset."
9. How do you define summer?
A. Summer is not "defined" but 1st April until 31st October is
considered as the "restricted period" .
10. Who enforces these Codes of Practice?
A. Principally the MCA and an officer of a Local Authority may if the
Local Authority requests an appointment.
11. Will extra resources be provided for prosecutions by MCA?
A. MCA has an Enforcement Branch, who has effectively prosecuted
individuals for non-compliance to the Merchant Shipping Act 1995. Also under
section 1.13 of the Code, at the option of the Local Authority, delegation may
be allowed for the Local Authority to instantly stop and detain vessels.
12. What's the point in using the NDP Code now, why not wait for the all
Codes to be harmonised together?
A. The NDP Code is based on other codes and brings in the common
standard now. It is not expected at this time, that the harmonised Codes will
implement further significant changes.
13. What is considered as Categorised Waters?
A. Merchant Shipping Notice No. 1719 (M) defines the criteria by which
waters are assessed to be Categorised Waters and assessment is demand driven.
MSN 1719 (M) states all the current limits of Categorised Waters in the UK,
available free from iForce Tel: 0208 957 5028.
14. If the vessel does not proceed to sea does this mean the NDP Code does
not apply?
A. Yes, however it should be noted that a non-passenger vessel which
does not proceed to sea is a Class IX (A) vessel and as such must comply with
Fire Prevention and Life Saving Appliances Regulations. Local Authorities may
apply the NDP Code standards to vessels licensed under their jurisdiction using
Local Bye laws.
15. Can other waters, which are not listed as Categorised Waters in MSN 1719
(M), be considered?
A. Yes, assessment of Categorisation of Waters is demand led. Contact
the local MCA Marine Offices for details of how to make application.
16. Are fresh water Lochs, Categorised Waters?
A. Yes some of these are, as stated in Merchant Shipping Notice No. 1719
(M).
17. What happens if Local Authorities do not licence vessels at present?
A. Vessels can Phase-in as existing vessels, "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 1st April 2001, at which date it should be
certificated in accordance with MCA requirements." Completion of a copy of
Annex 3 of the Code or application for Phase-in Registration should have been
made to the MCA by 1 August 2000.
18. If a vessel's Local Authority licence is to be renewed in June 2000 and
is valid for 3 years, will the vessel need a compliance survey in April 2001?
A. Yes, recommend discussing this issue with the local Marine Surveyor
at the nearest MCA Marine Office and the Certifying Authority.
19. In the case that a Local Authority does not apply to become a Certifying
Authority, should vessels Phase-in to the NDP Code of Practice?
A. Yes, completion of a copy of Annex 3 of the Code or application for
Phase-in Registration should be made to the MCA and application for survey and
inspection should be made to one of the other non-Local Authority named
Certifying Authorities. It should be noted that the last date for vessels to
phase-in has expired.
20. If a Boatman has a licence from the Local Authority but doesn't have a
vessel , can the Boatman still Phase-in to the NDP Code of Practice?
A. No, only the vessel can be Phased-in to the NDP Code.
21. Is it possible that the Local Authorities along the coast can amalgamate
to form a Certifying and Competent Authority?
A. Yes.
22. Why disrupt the Local Authorities system when it works fine as it is
now?
A. Currently there is significant variation in the commitment of Local
Authority to the issue of boat licensing under existing provisions. Applied
standards also vary considerably and it is necessary for a national standard to
be made.
23. What is the MCA's attitude towards Local Authorities becoming Certifying
and Competent Authorities?
A. Very positive, the administration and surveying stays local to the
boats keeping charges for the boatmen lower and the service convenient.
24. Can the vessels NDP certification /category be designated from two
different Local Authorities / Certifying Authorities?
A. Yes.
25. Can a Local Authority use another Local Authority/Certifying Authority
to survey the boats and continue issuing licences as normal?
A. Yes, subject to MCA approval of the details of the scheme.
26. Can a Local Authority become a Certifying Authority for Category 6
vessels only?
A. Yes
27. If a Local Authority becomes a Certifying Authority and not a Competent
Authority, who will certificate the Boatmen?
A. Boatmen may contact MCA or RYA for the details of approved courses.
28. Owners are at the mercy of the individual whim of Certifying Authority
surveyors. Can we appeal to MCA if we think the CA is being unreasonable?
A. Yes you can, these Certifying Authorities are working on behalf of
the MCA and are subject to MCA auditing and control.
29. The Boatmasters' licence is restricted to 15 miles; will it be extended
to 20 miles with NDP Category 5 coming into force?
A. No, these licences will not be modified further.
30. What is the status of the RYA International Certificate of Competence
within the NDP Code?
A. The RYA International Certificate of Competence is not of a standard
recognised under the NDP Code.
31. There isn't enough time to apply for a Certificate of Service from the
RYA as the Code provides for this to be done by 1 April 2000?
A. The deadline was extended to lst June 2000.
32. Insurance is not required under the NDP Code, can Local Authorities
insist on insurance even if my boat is to be certificated under the NDP Code?
A. The NDP Code is aimed at safety standards although the Code of
Practice does strongly recommend insurance. It is for the Local Authority to
invoke using Local Bye Laws, if they so wish.
33. MCA charges too much for Surveying.
A. The price stated hourly is statutory. Certifying Authorities have a
Memorandum of Understanding with MCA to survey vessels under the Codes of
Practice. All eight Certifying Authorities have different price regimes, which
provides a competitive market.
34. I have a Work Boat Code Certificate, can I be issued with a NDP Code
certificate as well?
A. Yes, if the vessel complies with the standards set in the NDP Code.
35. Can a vessel operate from more than one Nominated Departure Point?
A. Yes, this must be stated on the Certificate.
36. Is there a minimum size of vessel that must comply with the NDP Code?
A. No.
37. What's the position with Fishing Vessels solely used for fishing, taking
out anglers?
A. They must comply with either the Small Commercial Motor Vessels Code
of Practice or the NDP Code of Practice to operate commercially for sport or
pleasure.
38. What is the significance of the sticker?
A. The sticker should be displayed clearly showing the vessel has
complied with the relevant Code. The colour will change annually. This is so
vessels complying with the Codes of Practice can be easily identified.
39. Are Radio Licences necessary?
A. Yes and must be revalidated on an annual basis.
40. Why should we lower our standards to the NDP Code? - currently hulls are
surveyed annually - Clinker built 1912 vessels shouldn't be left for 5 years
before a professional survey is carried out.
A. Owners of such vessels will be made aware of the weaknesses
associated with old wooden hulls and should be advised to make regular visual
outboard and inboard checks.
41. Is there a price incurred for transferring records from the MCA to
Certifying Authorities?
A. There will be no charge from MCA.
42. Do vessels with a NDP Code Certificate have to comply with British
Waterways regulations while travelling in their jurisdiction or will there be
equivalencies?
A. A Transits Licence will be issued at the point of canal entry. A
`Dangerous Boat Check' walk through may be conducted. All vessels must have
Third Party Liability insurance (£lm). A charge of up to £23.00/m for
a return passage will be levied.
43. Do rescue and patrol boats come under the NDP Code?
A. Rescue Boats will come under a special code, currently being
developed. Other vessels come under the Yellow or Workboat Code, as
appropriate.
44. Is it possible to upgrade NDP Certificate from Category 6 to Category 5
during the Phase-in period?
A. Yes.
45. Why aren't the majority of the regulations in the NDP Code covered in
the Yellow and Blue Codes?
A. They are for Category 5. 5
46. Does the NDP Code apply to fish farming in the Lochs of Scotland?
A. No, they should come under the Workboat Code of Practice.
47. What are the provisions within the NDP Code for self drive hire?
A. Paragraph 26.2 of the Codes states "A vessel on bare boat
charter/hire is not subject to the safe manning requirements detailed in Annex
6. The owner/managing agent is to be satisfied that the bare boat charter/hire
skipper and crew are competent for the declared voyage or excursion."
48. Does the NDP Code apply to hiring of rowing boats and sailing dinghies?
A. No
49. Are self inflating lifejackets acceptable?
A. Yes paragraph 13.4.2 of the Code states "If the lifejackets are
inflatable an additional 10 % or 2 in number, whichever is the greater, must be
provided. "
50. Who issues Load Line Exemptions?
A. Only the MCA.
51. I have bought a `Coded vessel', am I entitled to use it commercially?
A. Yes, but the certificate is only valid with your name on it. Transfer
of the certificate for the remainder of the five year period can be arranged
with the Certifying Authority. You must also be qualified for the operation.
52. What happens to vessels operating without a licence?
A. All vessels going to sea are subject to The Merchant Shipping Act
1995 and the owner/operator may be prosecuted.
53. Do organisations such as Sea Cadets come under the NDP Code?
A. Yes.
54. Will Harbour Masters, if qualified, be able to provide manning
certificates of competence?
A. If the Harbour Masters is an MCA authorised Competent Authority then
the answer will be `yes' .
55. If the vessel has a Load Line certificate, will they come under the NDP
Code of Practice?
A. No. The Code of Practice is an equivalence for the type of vessel.
56. Some existing vessels will not satisfy all the conditions within the NDP
Code of Practice; what happens in this case?
A. Equivalencies are considered within the NDP Code for existing vessels
although the minimum safety standard must be maintained.
57. Does the vessel have to be seen out of the water for the intermediate
examination?
A. No.
58. What is the meaning of `Guidance on the Assessment of Variations to the
Standards Applied by the Code'?
A.
"1. Section 3.6 recognises that variations to the standards applied by the
Code can be considered on the basis that the variations provide equivalent
standards of safety by taking into account specific local conditions which are
certain to exist.
2. Applications for the acceptance of alternatives must be supported by
justifications and be formally made via the Certifying Authority to the
Director of Maritime Standards and Pollution Prevention (MSPP) at the MCA's
headquarters."
59. What will the renewal survey consist of?
A. The renewal survey will be treated the same as a full compliance
survey.
60. Will the Boat owner have to pay for the 2/3anniversary survey undertaken
by the Certifying Authorities?
A. This depends on the Certifying Authority. All eight Certifying
Authorities have different pricing tenders over the five years of survey and
inspection, which are subject to MCA auditing and control.
61. Will variations be made for the stability for open sailing vessels 8m -
27feet?
A. No, open sailing vessels should pass a swamp test or have a
sufficient range of stability .
62. I have been operating dive/angling boat for 10 years. I acquired a new
(to me) boat 2 years ago, which had been operated in another area. Can the 5
year safe operation equivalence be applied to this vessel if it does not meet
freeboard or stability criteria.
A. Each boat will need to be individually assessed
63. I have been operating dive/angling boat for 10 years. I acquired a new
(to me) boat 2 years ago I know it was operated as a dive/fishing boat but
cannot produce any evidence can my vessel be accepted under 5 year rule.
A. Regrettably this cannot be accepted.
64. My Certifying Authority surveyor will not accept my vessel due to
insufficient freeboard and wants to reduce passenger numbers. The vessel has
been operated safely for 6 years with 12 passenger's can I appeal to MCA to
allow operation with 12 passengers?
A. You may appeal and the MCA will reassess the case.
65. Vessels in a port which never operate alone and there are usually more
than 3 vessels out at any time. If the vessels are always in close vicinity
with one another, can the vessels be exempted from the carriage of life rafts?
A. This is dependent on area of operation and the proximity. It is a
case for the application of equivalence and a decision of the Local Chief
Surveyor.
66. My vessel had a stability test as part of my original RYA
certification. I wish to change my Certifying Authority. 1) Can the new
Certifying Authority refuse to accept. the RYA initial certificate? 2) Can I
appeal to MCA to insist that the Certifying Authority accept the stability
test?
A. All depends on what method the RYA applied and if this is now
pertinent to the vessels use. If the RYA applied an MCA approved method within
the intended uses, then your new Certifying Authority should accept this. MCA
can arbitrate if necessary.
67. My vessels are standard design AQUASTAR, STARFISH, OFFSHORE 105.
Some/all the vessels do not meet the freeboard/stability criteria. Can MCA
issue standard equivalencies stating lessor criteria acceptable for these
standard designs?
A. Variances between sister vessels and types imply that each needs to
be individually addressed. Reduced freeboard may be accepted if full stability
is achieved, however a particular case cannot be considered without proper
detailed assessment.
68. My Certifying Authority requires that I take ultra sonic readings for my
steel craft even though the hull can be seen to be in as build condition or
that I have ultra sonic records by a reputable surveying firm produced for my
previous Certifying Authority. Would MCA accept previous sonic readings and
instruct Certifying Authority to accept?
A. All would depend on the age of the vessel and the Surveyor's
previous familiarity with it if any. Once a base line condition is established,
future inspection surveys may be less onerous. Details should be submitted to
the MCA for arbitration.
69. Three mile radius is unrealistic 20 miles to sea is excessive if I
restrict my operation to 15/3 or 5 miles radius can the requirement if the NDP
Code be reduced i.e. life-rafts?
A. This is one of the several considerations listed in Annex 4 of the
NDP Code, which may lead to the acceptance of an equivalent safety standard.
70. These regulations will put me out of business. There have been very few
accidents involving anglers and no injuries or fatalities. The regulations are
not cost effective. What studies have been made by MCA which demonstrates the
necessity for the NDP Code?
A. The NDP Code was prepared in consultation with many different
organisations, similar standards already exist in some areas of the U.K, and
this is intended to apply the standards equally.
71. Will existing vessels have to comply with heel tests?
A. Yes.