Statutory Instrument 1988 No. 38

The Fishing Vessels (Life-Saving Appliances) Regulations 1988

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© Crown Copyright 1988

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1988 No. 38

MERCHANT SHIPPING SAFETY

The Fishing Vessels (Life-Saving Appliances) Regulations 1988

The Secretary of State for Transport, after consulting with the persons referred to in section 22 of the Merchant Shipping Act 1979^[1], in exercise of the powers conferred on him by section 21(1)(a) and (3) to (6) and section 22(1) and (3) of that Act and of all other powers enabling him in that behalf, hereby makes the following Regulations:

Citation and commencement
    1.—(1)  These Regulations may be cited as the Fishing Vessels (Life-Saving Appliances) Regulations 1988.

    (2)  These Regulations shall come into force as follows—
 (a) Regulations 1, 2, 4, 6, 7 and 8 on 15th February 1988;
 (b) Regulations 3 and 5 as follows—
 (i) On 15th April 1988 for—
all vessels of 21 metres in length and over whenever constructed; and
vessels of 12 metres in length and over but less than 21 metres in length if constructed on or after 15th April 1988;
 (ii) on 15th July 1988 for vessels of 18 metres in length and over but less than 21 metres in length constructed before 15th April 1988;
 (iii) on 15th October 1988 for vessels of 15 metres in length and over but less than 18 metres in length constructed before 15th April 1988;
 (iv) on 15th January 1989 for vessels of 12 metres in length and over but less than 15 metres in length constructed before 15th April 1988.

Interpretation, application
    2.—(1)  In these Regulations—
"constructed" in respect of a vessel means a stage of construction where—
 (a) the keel is laid; or
 (b) construction identifiable with a specific vessel begins; or
 (c) assembly of that vessel has commenced comprising at least 50 tonnes or 1 per cent of the estimated mass of all structural material, whichever is less;


"EPIRB" means Emergency Position-Indicating Radio Beacon;
"expiry date" in relation to any source of energy means the expiry date marked on that source of energy;
"fishing vessel" means a vessel which is for the time being used for or in connection with sea fishing but does not include a vessel used for fishing other than for profit;
"float-free arrangement" means an arrangement for the launching of safety equipment whereby the equipment is automatically released from a sinking vessel;
"length" means the registered length shown on the vessel's certificate of registry;
"person" means a person over the age of one year;
"survival craft" means a craft capable of sustaining the lives of persons in distress from the time of abandoning the ship;
and "United Kingdom fishing vessel" means a fishing vessel which is a United Kingdom ship.

    (2)  A reference in these Regulations to any British Standard or specification shall include a reference to any document amending that publication which is considered by the Secretary of State to be relevant from time to time and is specified in a Merchant Shipping Notice.

    (3)  In these Regulations a reference to a numbered schedule is a reference to the schedule of that number of these Regulations.

    (4)  These Regulations apply to United Kingdom fishing vessels.

Emergency Position-Indicating Radio Beacon
    3.—(1)  Every fishing vessel of 12 metres in length and over shall carry an EPIRB capable of operating on the frequency of 406MHz: provided that in place of this requirement until 15th April 1992 the Secretary of State may permit the carriage of an EPIRB not capable of operating on the frequency of 406 MHz, if the EPIRB was installed before 15th March 1988.

    (2)  Each EPIRB required to be carried by paragraph (1) above shall—
 (a) be fitted to the vessel—
 (i) mounted on a float-free arrangement whose operation will activate the EPIRB; and
 (ii) in such a position that it is protected from possible damage and can easily be removed from its mounting and placed in any survival craft—

Provided that the Secretary of State may in place of the above requirement permit an EPIRB to be fitted in each of the inflatable liferafts required to be carried on vessels of 12 metres and over if he is satisfied that the arrangements for stowage and activation are at least as effective as being mounted on a float-free arrangement;
 (b) have its source of energy replaced whenever necessary and at least before the expiry date shown on the source of energy;
 (c) as far as practicable, be in a condition capable of operation at all times when the vessel is at sea or proceeding to sea;
 (d) conform to relevant performance specifications issued by the Department of Trade and Industry, as specified in Department of Transport Merchant Shipping Notice No. M1291; and those specifications shall include a reference to any document amending the same which is considered by the Secretary of State to be relevant from time to time and is specified in a Merchant Shipping Notice.

Lifejackets and lifejacket lights
    4.—(1)  A fishing vessel of less than 12 metres in length shall carry lifejackets suitable for each person weighing 32 kg or more on board, and lifejackets suitable for each person weighing less than 32 kg on board and there shall be carried in addition—
 (a) if lifejackets of different sizes are required to be carried, at least one extra lifejacket of each size;
 (b) otherwise, one extra lifejacket if there are 10 or fewer persons and two extra lifejackets if there are 11 or more.

    (2)  All lifejackets carried shall comply either with Part I or Part II of Schedule 1.

    (3)  Each lifejacket required by paragraph (1) above to be carried shall be fitted with a lifejacket light complying with Schedule 2.

Liferaft float-free arrangments
    5.—(1)  The liferafts required by the Fishing Vessels (Safety Provisions) Rules 1975^[2] to be carried by a fishing vessel of 12 metres in length and over shall be secured in such a way that they are automatically released and be float-free if the vessel sinks.

    (2)  The arrangements required by paragraph (1) above shall be such that every liferaft carried is stowed—
 (a) with its painter permanently attached to the vessel and with a float-free arrangement complying with the requirements of Schedule 3 so that the liferaft floats free and, if inflatable, inflates automatically when the vessel sinks, and
 (b) to permit manual release from its securing arrangements.

Equivalents and exemptions
    6.—(1)  Where these Regulations require that a particular device, mechanism, material, appliance, standard, or type thereof, shall be fitted and carried in the vessel, or that any particular provision should be made, the Secretary of State may permit any other device, mechanism, material, appliance, standard, or type thereof, to be fitted or carried, or any other provision to be made in that ship if he is satisfied by trial thereof or otherwise that such other device, mechanism, material, appliance, standard or type thereof, or provision is at least as effective as that required by these Regulations.

    (2)  The Secretary of State may exempt any vessel or description of vessel from all or any of the provisons of these Regulations (as may be specified in the exemption) if he is satisfied that compliance with such provision is either impracticable or unreasonable in the case of that vessel or description of vessels on such terms (if any) as he may specify and may, subject to giving reasonable notice, alter or cancel any such exemption.

Power to detain
    7.    In any case where a vessel does not comply with the requirements of these Regulations, the vessel shall be liable to be detained and section 692(1)-(3) of the Merchant Shipping Act 1894^[3] (which relates to the detention of a vessel) shall have effect in relation to the vessel, subject to the modification that for the words "this Act" wherever they appear, there were substituted "the Fishing Vessels (Life-Saving Appliances) Regulations 1988".

Penalties
    8.—(1)  If a vessel to which these Regulations apply proceeds to sea without complying with the requirements of regulations 3 or 5, the owner and skipper of the vessel shall each be guilty of an offence and liable on summary conviction to a fine not exceeding £2000.

    (2)  If a vessel to which these Regulations apply proceeds to sea without complying with the requirements of regulation 4, the owner and skipper of the vessel shall each be guilty of an offence and liable on summary conviction to a fine not exceeding £500.

    (3)  It shall be a defence to a charge under this regulation to prove that the person charged took all reasonable steps to avoid the commission of the offence.

Signed by authority of the Secretary of State.

David B. Mitchell

Minister of State, Department of Transport

18th January 1988

[1] 1979 c. 39; section 21(6) was amended by the Criminal Justice Act 1982 (c. 48), section 49(3). back

[2] S.I. 1975/330, to which there are amendments not relevant to these Regulations. back

[3] 1894 c. 60. back

Explanatory Note