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Merchant Shipping Solas Chapter III Life Saving Appliances and Arrangements Regulations 2017
Merchant Shipping Solas Chapter III Life Saving Appliances and Arrangements Regulations 2017
c
MERCHANT SHIPPING (SOLAS CHAPTER III)(LIFE-
SAVING APPLIANCES AND ARRANGEMENTS)
REGULATIONS 2017
Index
Regulation Page
PART 1 — INTRODUCTORY 3
1 Title ................................................................................................................................... 3
2 Commencement .............................................................................................................. 3
3 Application ...................................................................................................................... 3
4 Key interpretative concepts ........................................................................................... 4
5 Other definitions ............................................................................................................. 6
6 Company’s responsibility .............................................................................................. 7
7 Provisions relating to offences ...................................................................................... 7
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Merchant Shipping (SOLAS Chapter III)(Life-Saving Appliances
Index and Arrangements) Regulations 2017
SCHEDULE 15
CONSEQUENTIAL AMENDMENTS 15
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Merchant Shipping (SOLAS Chapter III)(Life-Saving Appliances
and Arrangements) Regulations 2017 Regulation 1
c
Merchant Shipping Act 1985
PART 1 — INTRODUCTORY
1 Title
These Regulations are the Merchant Shipping (SOLAS Chapter III)(Life-Saving
Appliances and Arrangements) Regulations 2017.
2 Commencement
These Regulations come into operation on 1 July 2017.
3 Application
(1) Subject to paragraph (3), Parts 1 and 2 of these Regulations apply to a
Manx ship which engages on international voyages, wherever it may be.
(2) Subject to paragraph (3), Parts 1 and 3 of these Regulations apply to a
foreign ship which engages on international voyages, whilst it is within
the territorial waters of the Island.
(3) These Regulations do not apply to a —
(a) cargo ship of less than 500gt;
(b) high-speed craft;
(c) MODU;
(d) pleasure vessel;
(e) fishing vessel;
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Merchant Shipping (SOLAS Chapter III)(Life-Saving Appliances
Regulation 4 and Arrangements) Regulations 2017
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Merchant Shipping (SOLAS Chapter III)(Life-Saving Appliances
and Arrangements) Regulations 2017 Regulation 4
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Merchant Shipping (SOLAS Chapter III)(Life-Saving Appliances
Regulation 5 and Arrangements) Regulations 2017
5 Other definitions
(1) In these Regulations —
“company” means the owner of a ship or any other organisation or person such
as the manager, or the bareboat charterer, who has assumed
responsibility for operation of the ship from the owner and who, on
assuming such responsibility, has agreed to take over all the duties and
responsibilities imposed by the SOLAS Convention;
“Department” means the Department of Economic Development;
“fishing vessel” means a vessel used for catching fish, whales, seals, walrus or
other living resources of the sea;
“foreign ship” means any ship that is not a Manx ship;
“high-speed craft” has the meaning given by regulation 1.3 of SOLAS Chapter
X;
“IMO” means the International Maritime Organization;
“inspector” means a person appointed as an inspector under section 3 of the
Merchant Shipping Act 1985;
“international voyage” means a voyage from a country to a port outside that
country;
“Manx ship” has the meaning given by section 1 of the Merchant Shipping
Registration Act 1991 and includes a ship registered under Part IV of that
Act (the Demise Charter Register);
“MSN” means a Manx Shipping Notice issued by the Department and includes
any document which amends that notice;
“MODU” means a ship which complies with the MODU Code;
“MODU Code” means —
(a) for a ship constructed on or after 1 January 2012, the Code for
the Construction and Equipment of Mobile Offshore Drilling
Units 2009 (2009 MODU Code) and includes all amendments
made to that Code up to and including those adopted by IMO
resolution MSC.359(92) on 21 June 2013;
(b) for a ship constructed on or after 1 May 1991 up to and
including 31 December 2001, the Code for the Construction and
Equipment of Mobile Offshore Drilling Units 1989 (1989
MODU Code) and includes all amendments made to that Code
up to and including those adopted by IMO resolution
MSC.358(92) on 21 June 2013; and
(c) for a ship constructed on or before 30 April 1991, the Code for
the Construction and Equipment of Mobile Offshore Drilling
Units 1979 (1979 MODU Code) and includes all amendments
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Merchant Shipping (SOLAS Chapter III)(Life-Saving Appliances
and Arrangements) Regulations 2017 Regulation 6
6 Company’s responsibility
(1) A company must ensure a ship complies with such of the requirements
of these Regulations as apply in relation to a ship of its description.
(2) Paragraph (1) applies whether or not these Regulations impose an
obligation on another person.
(3) A company which fails to comply with paragraph (1) commits an offence
and is liable —
(a) on conviction on information, to custody for not more than 2
years, a fine, or both; or
(b) on summary conviction, to a fine not exceeding £5,000.
1 SD 396/03
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Merchant Shipping (SOLAS Chapter III)(Life-Saving Appliances
Regulation 8 and Arrangements) Regulations 2017
8 Requirement to comply with SOLAS Chapter III, the LSA Code and
Testing and Evaluation Requirements
(1) A ship must comply with such of the requirements of SOLAS Chapter III,
as apply in relation to a ship of its description.
(2) In accordance with SOLAS Chapter III, regulation 34, all life-saving
appliances and arrangements on-board must comply with the applicable
requirements of the LSA Code.
(3) For the purposes of SOLAS Chapter III, regulation 4(2), life-saving
appliances and arrangements installed on-board must be tested to
confirm they meet the applicable requirements of SOLAS Chapter III, the
LSA Code and the Recommendation on Testing of Life-Saving
Appliances, or substantially equivalent ones as may be specified by the
Department.
(4) For the purposes of SOLAS Chapter III, regulation 4(3), novel life-saving
appliances and arrangements installed on-board must —
(a) provide safety standards at least equivalent to the requirements
of SOLAS Chapter III, and the LSA Code and have been
evaluated and tested based on the Code of Practice for the
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Merchant Shipping (SOLAS Chapter III)(Life-Saving Appliances
and Arrangements) Regulations 2017 Regulation 9
9 Type approval
If SOLAS Chapter III or any part of a code applied by SOLAS Chapter III
requires anything to be type approved, it must be type approved in accordance
with MSN 062.
10 Exemptions
(1) In accordance with SOLAS Chapter 1, regulation 4(a), a ship which is not
normally engaged on international voyages but which, in exceptional
circumstances, is required to undertake a single international voyage,
may be exempted by the Department from any of the requirements of
SOLAS Chapter III.
(2) An exemption under paragraph (1) may only be granted to a ship if the
Department is satisfied that the ship complies with safety requirements
which are adequate for the voyage to be undertaken.
(3) In accordance with SOLAS Chapter 1, regulation 4(b), the Department
may exempt a ship which embodies features of a novel kind from any of
the provisions of SOLAS Chapter III, the application of which might
seriously impede research into the development of such features and
their incorporation in ships engaged on international voyages.
(4) An exemption under paragraph (3) may only be granted to a ship if the
Department is satisfied that the ship complies with safety requirements
which —
(a) are adequate for the service for which it is intended;
(b) ensure the overall safety of the ship; and
(c) are acceptable to the Governments of the States to be visited by
the ship.
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Merchant Shipping (SOLAS Chapter III)(Life-Saving Appliances
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(5) In accordance with SOLAS Chapter III, regulation 2.1, the Department
may, if it considers that the sheltered nature and conditions of the
voyage render the application of any specific requirements of SOLAS
Chapter III unreasonable or unnecessary, exempt individual ships or
classes of ships from those requirements.
(6) An exemption under paragraph (5) may only be granted to individual
ships or classes of ships if they do not sail at distances of more than 20
miles from the nearest land.
(7) In accordance with SOLAS Chapter III, regulation 2.2, in the case of
passenger ships which are employed in special trades for the carriage of
large numbers of special trade passengers, such as the pilgrim trade, the
Department may, if it is satisfied that it is impracticable to enforce
compliance with the requirements of SOLAS Chapter III, exempt such
ships from those requirements.
(8) An exemption under paragraph (7) may only be granted to a ship
provided that it complies fully with the provisions of —
(a) the rules annexed to the Special Trade Passenger Ships
Agreement, 1971 as adopted by the IMO on 6 October 1971,
which came in to force on 2 January 1974; and
(b) the rules annexed to the Protocol on Space Requirements for
Special Trade Passenger Ships, 1973 as adopted by the IMO on
13 July 1973, which came in to force on 2 June 1977.
(9) In accordance with SOLAS Chapter III, regulation 27.5, the Department
may, for search and rescue purposes, exempt passenger ships from the
requirement to record the names and gender of all persons on board,
distinguishing between adults, children and infants.
(10) An exemption under paragraph (9) may only be granted to a ship if the
Department considers the scheduled voyages of the passenger ship
render it impracticable to prepare such records.
11 Equivalent arrangements
(1) In accordance with SOLAS Chapter 1, regulation 5, if SOLAS Chapter III
requires that —
(a) a particular fitting, material, appliance or apparatus, or type
thereof, must be fitted or carried in a ship; or
(b) any particular provision must be made,
the Department may allow any other fitting, material, appliance or
apparatus, or type thereof, to be fitted or carried or any other provision
to be made in that ship.
(2) An equivalent arrangement may only be permitted under paragraph (1)
if the Department is satisfied by trial thereof or otherwise that the fitting,
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Merchant Shipping (SOLAS Chapter III)(Life-Saving Appliances
and Arrangements) Regulations 2017 Regulation 12
12 Waiver
(1) In accordance with SOLAS Chapter III, regulation 20.6.2, the Department
may waive requirements for all engines in lifeboats and rescue boats to
be run for a total period of not less than 3 minutes, provided the ambient
temperature is above the minimum temperature required for starting
and running the engine.
(2) A waiver may only be permitted under paragraph (1) for ships
constructed before 1 July 1986.
(3) To avoid doubt, the reference in paragraph (1) to SOLAS Chapter III
means SOLAS Chapter III as defined in regulation 4(4)(c)(i).
13 Qualification of certificates
(1) In accordance with SOLAS Chapter 1, regulation 18, an annex to the
Passenger Ship Safety Certificate may be issued by the Department,
stating there is no infringement of the provisions of SOLAS Chapter III, if
in the course of a particular voyage, a ship —
(a) has on board a number of persons less than the total number
stated in the Passenger Ship Safety Certificate; and
(b) is in consequence, in accordance with the provisions of SOLAS
Chapter III, free to carry a smaller number of lifeboats and
other life-saving appliances than that stated in the certificate.
(2) An annex issued in accordance with paragraph (1) is only valid —
(a) if it is annexed to the Passenger Ship Safety Certificate and
substituted for it in so far as the life-saving appliances are
concerned; and
(b) for the particular voyage for which it is issued.
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Merchant Shipping (SOLAS Chapter III)(Life-Saving Appliances
Regulation 15 and Arrangements) Regulations 2017
15 Requirement to comply with SOLAS Chapter III, the LSA Code and
Testing and Evaluation of Life Saving Requirements
(1) A foreign ship in the territorial waters of the Island must comply with
such of the requirements of SOLAS Chapter III as apply in relation to a
ship of its description.
(2) For the purposes of SOLAS Chapter III, regulation 34, all life-saving
appliances and arrangements on-board a foreign ship in the territorial
waters of the Island must comply with the applicable requirements of the
LSA Code.
(3) For the purposes of SOLAS Chapter III, regulation 4(2), life-saving
appliances and arrangements installed on-board a foreign ship in the
territorial waters of the Island must be tested to confirm they meet the
applicable requirements of SOLAS Chapter III, the LSA Code and the
Recommendation on Testing of Life-Saving Appliances, or substantially
equivalent ones as may be specified by the foreign ship’s flag State.
(4) For the purposes of SOLAS Chapter III, regulation 4(3), novel life-saving
appliances and arrangements installed on-board a foreign ship in the
territorial waters of the Island must —
(a) provide safety standards at least equivalent to the requirements
of SOLAS Chapter III and the LSA Code and have been
evaluated and tested based on the Code of Practice for the
Evaluation, Testing and Acceptance of Prototype Novel Life-
Saving Appliances and Arrangements, or;
(b) have successfully undergone an engineering analysis,
evaluation and approval in accordance with SOLAS Chapter
III, regulation 38.
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Merchant Shipping (SOLAS Chapter III)(Life-Saving Appliances
and Arrangements) Regulations 2017 Regulation 17
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Merchant Shipping (SOLAS Chapter III)(Life-Saving Appliances
Regulation 18 and Arrangements) Regulations 2017
18 Consequential amendments
The schedule (consequential amendments) has effect.
LAURENCE SKELLY
Minister for Economic Development
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Merchant Shipping (SOLAS Chapter III)(Life-Saving Appliances
and Arrangements) Regulations 2017 SCHEDULE
SCHEDULE
Consequential Amendments
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Merchant Shipping (SOLAS Chapter III)(Life-Saving Appliances
Consequential Amendments and Arrangements) Regulations 2017
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Merchant Shipping (SOLAS Chapter III)(Life-Saving Appliances
and Arrangements) Regulations 2017 Consequential Amendments
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Merchant Shipping (SOLAS Chapter III)(Life-Saving Appliances
Consequential Amendments and Arrangements) Regulations 2017
5 SD 723/96
6 SD 603/98
7 SD 431/99
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Merchant Shipping (SOLAS Chapter III)(Life-Saving Appliances
and Arrangements) Regulations 2017 Consequential Amendments
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Merchant Shipping (SOLAS Chapter III)(Life-Saving Appliances
Consequential Amendments and Arrangements) Regulations 2017
8 SD 2014/0415
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Merchant Shipping (SOLAS Chapter III)(Life-Saving Appliances
and Arrangements) Regulations 2017 Consequential Amendments
and
(b) inserting after the final entry the following —
0
»
« Merchant Shipping SD
(SOLAS Chapter 2017/0185»
III)(Life-Saving
Appliances and
Arrangements)
Regulations 2017
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Merchant Shipping (SOLAS Chapter III)(Life-Saving Appliances
and Arrangements) Regulations 2017 Explanatory Note
EXPLANATORY NOTE
(This note is not part of the Regulations)
These Regulations give effect to Chapter III of the SOLAS Convention (SOLAS Chapter
III) ‘Life saving appliances and arrangements’, including all amendments made to that
Chapter up to and including those adopted by IMO Resolution MSC.350(92), on 21
June 2013 which came in to force on 1 January 2015.
The Regulations require ships to comply with SOLAS Chapter III, the International
Life-Saving Appliance Code (LSA Code), the Recommendation on Testing of Life-
Saving Appliances and the Code of Practice for the Evaluation, Testing and Acceptance
of Prototype Novel Life-Saving Appliances and Arrangements, as apply in relation to a
ship of its description.
These Regulations apply to Manx ships which engage on international voyages and to
foreign ships which engage on international voyages, whilst they are within the
territorial waters of the Island.
These Regulations do not apply to: cargo ships of less than 500gt, high-speed craft,
MODU, pleasure vessels, fishing vessels, ships of war or troopships, ships not
propelled by mechanical means or wooden ships of primitive build.
Further information on compliance with these Regulations can be found in MSN 062.
Copies of this document and Manx Shipping Notices are obtainable from the Isle of
Man Ship Registry, Department of Economic Development, St Georges Court, Upper
Church Street, Douglas, Isle of Man, IM1 1EX and can be accessed via the website:
http://www.iomshipregistry.com
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