Shipping (Safety Code – Yachts and Small Ships) (Jersey) Regulations 2013

Revised Edition

19.885.72

Showing the law as at 1 January 2017

This is a revised edition of the law




Shipping (Safety Code – Yachts and Small Ships) (Jersey) Regulations 2013

THE STATES, in pursuance of Articles 49 and 196 of the Shipping (Jersey) Law 2002[1], have made the following Regulations –

Commencement [see endnotes]

1        Interpretation

(1)     In these Regulations –

large pleasure vessel” means a pleasure vessel which is 24 metres or more in length;

large yacht” means a ship which –

(a)     is not a pleasure vessel but is in commercial use for sport or pleasure;

(b)     carries no cargo;

(c)     carries no more than 12 passengers;

(d)     and –

(i)      if built before 21st July 1968, has a gross tonnage of 150 tons or over, or

(ii)      if built on or after that date, is 24 metres or more in length;

Law” means the Shipping (Jersey) Law 2002[2];

length” means length as determined in accordance with Tonnage Regulations;

passenger yacht” means a ship which –

(a)     is a pleasure vessel or is in commercial use for sport or pleasure;

(b)     carries no cargo; and

(c)     carries more than 12 but no more than 36 passengers;

pleasure vessel” has the meaning given to that expression by Article 169(6) of the Law;

small commercial ship” means a ship which –

(a)     is not a pleasure vessel;

(b)     and –

(i)      if built before 21st July 1968, has a gross tonnage of less than 150 tons, or

(ii)      if built on or after that date, is a small ship.

(2)     Reference in these Regulations to the “Jersey Code” is to the requirements as to safety mentioned in Regulation 3(1), whether such requirements are published by way of a Code or otherwise as described in that paragraph.

2        Application

(1)     These Regulations apply –

(a)     to Jersey ships (wherever they may be); and

(b)     to other ships operating from Jersey (while in Jersey waters).

(2)     These Regulations apply in relation to ships of a type described in paragraph (3) or (4), as specified in those paragraphs.

(3)     Regulation 3 applies to small commercial ships, large yachts, and passenger yachts.

(4)     Regulation 5 applies to large pleasure vessels.

(5)     For the avoidance of doubt, these Regulations do not apply to fishing vessels.

3        Compliance with published safety requirements

(1)     A ship to which this Regulation applies must comply with such requirements as to safety as may be published from time to time by the Registrar, whether by way of a document described as a Code of Safety Practice, by amendments to such a Code, or in such other way as the Registrar best considers will bring the requirements to the attention of those on whom they are imposed.

(2)     Paragraph (1) is subject to the exceptions in paragraphs (3) and (4).

(3)     The Minister may grant, on such terms as the Minister may specify, an exemption for a class of ships or for an individual ship from a specified requirement of the Jersey Code which would otherwise apply in relation to that class of ships or to that ship by virtue of this Regulation.

(4)     Where –

(a)     the Jersey Code requires specified equipment or machinery to be carried, or other provision to be made, for any purpose in a ship; and

(b)     the Minister is satisfied that other similar equipment, machinery or provision is at least as effective for the same purpose as the equipment, machinery or other provision so specified,

the Minister may accept such other equipment, machinery or provision as sufficient to fulfil the requirement in question.

(5)     The owner or master of a ship to which this Regulation applies must not proceed or attempt to proceed to sea with the ship when it does not comply with the Jersey Code.

(6)     A certificate issued under and in accordance with Regulation 4(1), or accepted by the Minister under Regulation 4(2), shall be evidence of compliance for the purposes of paragraph (5).

(7)     A person who contravenes paragraph (5) is guilty of an offence and liable on conviction to imprisonment for a term of 2 years or a fine, or both.

(8)     It shall be a defence to a charge under paragraph (7) to prove that the person took all reasonable steps to avoid committing the offence.

4        Certificates of compliance

(1)     Subject to paragraph (3), a ship to which Regulation 3 applies shall not be taken to comply with the Jersey Code for the purposes of paragraph (5) of that Regulation unless there is in force, in relation to that ship, a certificate of compliance issued –

(a)     by an inspector or surveyor appointed by the Minister under Regulation 6 or under Article 154 of the Law;

(b)     following examination of the ship by the inspector or surveyor.

(2)     The Minister may accept as evidence a certificate of compliance issued otherwise than in accordance with paragraph (1) which –

(a)     in the Minister’s opinion demonstrates that a ship complies with requirements as to safety which are equivalent to, or more stringent than, those in the Jersey Code; and

(b)     is in force in relation to the ship in question.

(3)     A certificate of compliance must be displayed in some conspicuous place on board the ship or (if such display is not reasonably practicable) must be available for inspection on board the ship.

5        Safety of large pleasure vessels

(1)     The owner or master of a ship to which this Regulation applies must not proceed or attempt to proceed to sea with a ship which appears to an inspector to be a dangerously unsafe ship.

(2)     Paragraph (1) applies whether or not a detention notice has been served on the master of the ship under Article 58 of the Law.

(3)     The owner of a ship to which this Regulation applies must inspect the ship on an annual basis and must make, and have available for inspection on board the ship, an annual declaration in a form approved for the purpose by the Registrar as to the safety of equipment carried in the ship.

(4)     A person who contravenes paragraph (1) is guilty of an offence and liable on conviction to imprisonment for a term of 2 years or a fine, or both.

(5)     It shall be a defence to a charge under paragraph (4) to prove that the person took all reasonable steps to avoid committing the offence.

(6)     A person who, in making a declaration under paragraph (3), knowingly or recklessly makes a false or misleading statement or a false or misleading representation, is guilty of an offence and liable on conviction to a fine of level 3 on the standard scale.[3]

6        Enforcement and power to detain

(1)     The Minister may appoint surveyors for the purpose of enforcement of these Regulations, and –

(a)     a surveyor so appointed; or

(b)     an inspector appointed under Part 10 of the Law,

may exercise, for the purpose of enforcement of these Regulations, the powers conferred on a surveyor or (as the case may be) inspector by that Part.

(2)     Article 177 of the Law shall have effect in relation to a ship detained under these Regulations as it does in relation to a ship detained under the Law, and reference in paragraph (1) of that Article to an inspector or surveyor shall be taken for this purpose to include reference to such a person appointed by the Minister under Part 10 of the Law or paragraph (1) of this Regulation.

7        Citation

These Regulations may be cited as the Shipping (Safety Code – Yachts and Small Ships) (Jersey) Regulations 2013.

 


Endnotes

Table of Legislation History

Legislation

Year and No

Commencement

Shipping (Safety Code – Yachts and Small Ships) (Jersey) Regulations 2013

R&O.143/2013

19 November 2013

Criminal Justice (Miscellaneous Provisions) (Jersey) Law 2016

L.1/2016

20 September 2016

(R&O.98/2016)

Table of Renumbered Provisions

Original

Current

7

Spent, omitted

8

Spent, omitted

9

7

Table of Endnote References



[1]                                    chapter 19.885

[2]                                    chapter 19.885

[3] Regulation 5(6)      amended by L.1/2016


Page Last Updated: 03 Apr 2018