Merchant Shipping (SOLAS Chapter III)(Life-Saving ...

1 Merchant Shipping (SOLAS Chapter III)(Life-Saving appliances and arrangements) Regulations 2017 Index c SD2017/0185 Page 1 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 PART 2 MANX SHIPS 8 8 Requirement to comply with SOLAS Chapter III, the LSA code and Testing and Evaluation Requirements.

2 8 9 Type approval .. 9 10 Exemptions .. 9 11 Equivalent arrangements .. 10 12 Waiver .. 11 13 Qualification of certificates .. 11 14 Validity of approvals, type approvals, exemptions, equivalent arrangements and waivers .. 11 PART 3 FOREIGN SHIPS 12 15 Requirement to comply with SOLAS Chapter III, the LSA code and Testing and Evaluation of life Saving Requirements .. 12 16 Inspection of a foreign ship .. 12 17 Provisions relating to detention .. 12 PART 4 CONSEQUENTIAL AMENDMENTS 14 18 Consequential amendments.

3 14 Index Merchant Shipping (SOLAS Chapter III)(Life-Saving Appliances and Arrangements) Regulations 2017 Page 2 SD2017/0185 c SCHEDULE 15 CONSEQUENTIAL AMENDMENTS 15 Merchant Shipping (SOLAS Chapter III)(Life-Saving Appliances and Arrangements) Regulations 2017 Regulation 1 c SD2017/0185 Page 3 Statutory Document No. 2017/0185 c Merchant Shipping Act 1985 Merchant Shipping (SOLAS Chapter III)(Life-Saving APPLIANCES AND ARRANGEMENTS) REGULATIONS 2017 Laid before Tynwald: 20 June 2017 Coming into Operation: 1 July 2017 The Department of Economic Development, having carried out the consultation required by section 1(1) and section 2(2) of the Merchant Shipping Act 1985, makes the following Regulations under section 1 and section 2 of that Act.

4 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.

5 (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; Regulation 4 Merchant Shipping (SOLAS Chapter III)(Life-Saving Appliances and Arrangements) Regulations 2017 Page 4 SD2017/0185 c (f) ship of war or troopship; (g) ship not propelled by mechanical means; and (h) wooden ship of primitive build. 4 Key interpretative concepts (1) Paragraphs (2) to (4) define key concepts in these Regulations. (2) SOLAS Convention means the International Convention for the Safety of life at Sea 1974, as amended by the 1988 Protocol.

6 (3) 1988 Protocol means the Protocol adopted on 11 November 1988 by the IMO International Conference on the Harmonized System of Survey and Certification (1988 SOLAS Protocol), which came into force on 3 February 2000. (4) SOLAS Chapter III means (a) for a ship constructed on or before 30 June 1986 (i) Chapter III of the SOLAS Convention including all amendments made to that Chapter up to and including those amendments adopted by IMO Resolution (XLV) on 20 November 1981 which came in to force on 1 September 1984; and (ii) the regulations of SOLAS Chapter III, as defined in paragraph (iii)(A), which apply to a ship constructed on or before 30 June 1986.

7 (b) for a ship constructed on or after 1 July 1986 up to and including 30 June 1998 (i) Chapter III of the SOLAS Convention including all amendments made to that Chapter , up to and including those amendments adopted by IMO Resolution (61) on 11 December 1992 which came in to force on 1 October 1994; and (ii) the regulations of SOLAS Chapter III as defined in paragraph (iii)(A) which apply to a ship constructed on or after 1 July 1986 up to and including 30 June 1998; (c) for a ship constructed on or after 1 July 1998 (i) Chapter III of the SOLAS Convention including all amendments made to that Chapter , up to and including those amendments adopted by IMO Resolution (92) on 21 June 2013 which came in to force on 1 January 2015.

8 (d) LSA code means the International life -Saving Appliance code adopted by the Maritime Safety Committee of IMO on 4 Merchant Shipping (SOLAS Chapter III)(Life-Saving Appliances and Arrangements) Regulations 2017 Regulation 4 c SD2017/0185 Page 5 June 1996 by IMO Resolution (66) and which came into force on 1 July 1998, and includes all amendments made to that code up to and including those adopted by IMO Resolution (93) on 22 May 2014 (which came in to force on 1 January 2016); (e) the term Recommendation on Testing of life -Saving Appliances has a different meaning depending on when the life -saving appliances were installed on board the relevant ship.

9 And the different meanings are as follows (i) where installation was anytime from 17 November 1983 up to and including 30 April 1992, the term means Recommendation on Testing of life -saving Appliances adopted on 17 November 1983 by IMO Resolution (13) and includes all amendments made to that Recommendation up to and including those adopted by IMO Resolution (82) on 8 December 2006; (ii) where the installation was anytime from 1 May 1992 up to and including 30 June 1999, the term means the Recommendation on Testing of life -saving Appliances adopted on 6 November 1991 by IMO Resolution (17) and includes all amendments made to that Recommendation up to and including those adopted by IMO at the 68th session of the Maritime Safety Committee held 28 May to 6 June 1997.

10 (iii) where the installation was anytime from 1 July 1999 up to and including 30 June 2010, the term means the Revised Recommendation on Testing of life -Saving Appliances adopted by IMO Resolution (70) on 11 December 1998 including all amendments made to that Recommendation up to and including those adopted by IMO Resolution (80) on 13 May 2005; and (iv) where the installation was anytime from 1 July 2010, the term means the Revised Recommendation on Testing of life -Saving Appliances adopted by IMO Resolution (70) on 11 December 1998 including all amendments made to that Recommendation up to and including those adopted by IMO Resolution (93) on 22 May 2014.