| SOLAS
Ch V - Regulations |
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| Annexes |
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| Regulation
1 - Application |
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Summary
-
Outlines
the application of Chapter V - i.e all ships on all voyages
unless expressly provided otherwise.
-
States
which ships may be exempted from certain Regulations by Administrations.
|
| Regulation
1 |
| 1. |
Unless
expressly provided otherwise, this chapter shall apply to
all ships on all voyages, except: |
|
| 1.1 |
warships,
naval auxiliaries and other ships owned or operated
by a Contracting Government and used only on government
non-commercial service; and |
| 1.2 |
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. |
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| |
|
| However,
warships, naval auxiliaries or other ships owned or operated
by a Contracting Government and used only on government non-commercial
service are encouraged to act in a manner consistent, so far
as reasonable and practicable, with this chapter. |
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| 2. |
The
Administration may decide to what extent this chapter shall
apply to ships operating solely in waters landward of the
baselines which are established in accordance with international
law. |
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| 3. |
A
rigidly connected composite unit of a pushing vessel and associated
pushed vessel, when designed as a dedicated and integrated
tug and barge combination, shall be regarded as a single ship
for the purpose of this chapter. |
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| 4. |
The
Administration shall determine to what extent the provisions
of regulations 15, 16, 17, 18, 19, 20, 21, 22, 23, 24, 25,
26, 27 and 28 do not apply to the following categories of
ships: |
| |
| 4.1 |
ships
below 150 gross tonnage engaged on any voyage; |
| 4.2 |
ships
below 500 gross tonnage not engaged on international
voyages; and |
| 4.3 |
fishing
vessels |
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|
| MCA
Guidance |
| 1. |
Regulation
1 replaces the same regulation of SOLAS V(74) but is more
detailed. It states that the Regulations contained in SOLAS
V apply to all vessels on all voyages unless
expressly provided otherwise.
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| 2. |
Paragraph
1 provides for specific exceptions including naval auxiliaries
and other government owned/operated ships on non-commercial
services. The UK interpretation is that only RN ships and
naval auxiliaries are exempted. Foreign-flagged vessels
on government service may be exempted in UK waters. Also
exempted are vessels operating in the Great Lakes of North
America.
|
| 3. |
Although
naval vessels, auxiliaries and government service vessels
are exempt, the Regulation encourages them to comply as closely
as possible with the provisions of SOLAS V. It is UK policy,
spelt out in a letter of understanding between the MOD and
MCA, that UK naval auxiliary ships comply as closely as possible
with the requirements of SOLAS. All other UK-flagged ships
on Government service are required to comply fully with SOLAS.
|
| 4. |
Classifications
of UK ships referred to in the SI are defined in ANNEX
1 - Categories of waters and classes of ships.
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| 5. |
Paragraph
2 gives Administrations discretionary powers to apply provisions
in the chapter to ships operating solely within internal waters.
The baselines referred to are those established by coastal
States under the 1982 United Nations Convention on the Law
of the Sea. (UNCLOS). In the UK Chapter V generally applies
in these waters unless the waters are Categorised or are considered
to be inland waters.
|
| 6. |
UK
Internal Waters include waters categorised by the Merchant
Shipping (Categorisation of Waters) Regulations 1992 (SI 1992/2356)
which are listed in MSN
1776 - Categorisation of Waters. Such waters are not regarded
as "sea" for the purposes of Merchant Shipping legislation
(except for Marine Pollution regulations). New domestic passenger
vessels are regulated by the Merchant Shipping (Passenger
Ships on Domestic Voyages) Regulations 2000 (SI 2000/2687)
which implement the EC Directive on Safety Rules and Standards
for Domestic Passenger Ships, with existing passenger ships
being phased in between 2006 and 2010. The sea areas to which
this legislation applies are defined in MSN
1747 - Merchant Shipping (Passenger Ships on Domestic
Voyages) Regulations 2000. The requirements for navigational
safety for inland waterway vessels (i.e vessels operating
on waterways not connected with the sea,) will be met by implementation
of EC Directive 82/714/EC (as amended) which lays down technical
requirements for inland waterway vessels.
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| 7. |
Paragraph
3 establishes that integrated pushing vessels and their pushed
vessel are considered to be a single vessel.
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| 8. |
Paragraph
4 empowers Administrations to determine the extent to which
certain Regulations (which relate to specific navigational
equipment, layout, pilot access etc.) apply to fishing vessels
and to classes of smaller vessel (i.e those less than 150
GT on international voyages and those under 500 GT not engaged
on international voyages.) By inference, these classes of
vessel must comply with those regulations NOT listed in paragraph
4. Of these, Regulations 29 (Life
saving Signals), 31 (Danger
Messages), 32 (Information
required in danger messages), 33
(Distress messages) 34 (Safe
navigation and avoidance of dangerous situations) and
35 (Misuse of distress signals)
apply to all vessels. Compliance with Regulations 10
(Ship’s routeing), 11 (Ship
reporting) and 12 (Vessel Traffic
Services) may be required depending on the size and category
of vessel..
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| 9. |
With
respect to UK vessels falling within the categories in paragraph
4, the Guidance Notes following each of the Regulations 15
to 28 explain how that Regulation is to be applied to these
categories of ship. The requirements are summarised in ANNEX
2 - Table of requirements for ships.
|
| 10. |
Certain
types of ship have requirements given in the Codes of Practice,
listed below. However, if a vessel does not comply fully
with the requirements of a relevant MCA Code of Practice,
then it must comply fully with the relevant Regulations
of SOLAS V as specified in the Merchant Shipping (Safety
of Navigation) Regulations, 2002.
|
| 11. |
The
following Codes of Practice specify the requirements for
navigational equipment and safety and should be referred
to:
|
|
| 11.1 |
Fishing
Vessels (Code of Practice for the Safety of Small
Fishing Vessels). Regulations SI 2001, No 9. The
Stationery Office 2001. ISBN
See
also: MSN
1756 – The Fishing Vessels Code of Practice for
the Safety of Small Fishing Vessels.
|
| 11.2 |
The
Fishing Vessels (Safety of 15-24 Metre Vessels) Regulations
SI 2002, No 2201. The Stationery Office 2002.
See
also: MSN
1770 – The Code of Safe Working Practice for the
Construction and use of 15 Metre Length Overall to
less than 24 Metre registered length Fishing Vessels.
|
| 11.3 |
Fishing
Vessels of 24m or more in length must comply with the
Fishing Vessels (Safety Provisions) Rules, 1975 - SI
1975/330 as amended by the Fishing Vessels (EC Directive
on Harmonised Safety Regime) Regulations 1999 (SI 1999/2998),
as amended in 2003 (SI 2003/1112), which implemented
the 1998 Torremolinos Protocol.
|
|
| 12. |
Requirements
for navigational equipment and safety for commercial sailing
and motor vessels over 24m length are given in:
Code
of practice for safety of large commercial sailing and motor
vessels.
The
Stationery Office, 1997. ISBN 0 11 551911 4.
Under
the provisions of IMO Circular Letter No. 1996 of 25 July
1997 these requirements are equivalent to SOLAS for this
class of vessel.
|
| 13. |
Other
Codes of Practice which include requirements for navigational
equipment and safety are:
Code
of practice for the construction, machinery, equipment,
stability, operation and examination of sailing vessel,
of up to 24 metres load line length, in commercial use and
which do not carry cargo or more than 12 passengers.
The
Stationery Office, 1993. ISBN 0 11 551184 9.
Code
of practice for the construction, machinery, equipment,
stability, operation and examination of motor vessels, of
up to 24 metres load line length, in commercial use and
which do not carry cargo or more than 12 passengers.
The
Stationery Office, 1993. ISBN 0 11 551185 7.
Code
of practice for the safety of small workboats & pilot boats.
The
Stationery Office, 1998. ISBN 0 11 552006 6.
Code
of practice for vessel engaged in oil recovery operations.
The
Stationery Office, 1996. ISBN 0 11 551811 8.
Code
of Practice for the Safety of Small Vessels in Commercial
Use for Sport or Pleasure Operating from a Nominated Departure
point (NDP).
The
Stationery Office 1999. ISBN 0 11 551812 6.
Code
of practice for the safety of vessels carrying no more than
12 passengers in categorised waters.
The
Stationery Office 2002. The MCA is currently considering
consolidating these Codes into a single Code.
|
| 14. |
Passenger
ships on domestic voyages, that is ships of Classes III
to IVa and Classes A,B,C and D are required to comply with
this document.
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See also - ANNEX 1
- Categories of waters and classes of ships and
ANNEX
2 - Table of requirements for ships
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