Inland Waters Small Passenger Boat Code

ANNEX 2

DEFINITIONS

Bare boat charter – a charter for which the charterer provides the skipper and crew

Boats fitted with a buoyant collar – a rigid inflatable vessel, or a vessel of similar hull form, where the inflatable tubes are replaced by solid, or hollow, buoyant sections.

Class V – a ship carrying more than 12 passengers and engaged in voyages in Category A, B and C waters.

Code – means this Code unless another Code is specified;

Compartment – all living and working spaces within the watertight or fire-resisting boundaries on any one level, which have inter-communicating access.

Competent Authority – for this Code means a local or statutory navigation or harbour authority which has statutory powers to regulate vessels operating within their area.

Contract of employment – whether expressed or implied and if expressed, whether oral or in writing.

Crew – a person employed or engaged in any capacity on-board a vessel on the business of the vessel.

Decked Vessel – a vessel with a weathertight deck at gunwhale height or above from stem to stern, but which may have a recesses cockpit provided it is self draining.

Efficient – in relation to a fitting, piece of equipment or material, means that all reasonable and practicable measures have been taken to ensure that it is suitable for the purpose for which it is intended.

Existing vessel – a vessel that is not a new vessel;

Foreshore – Area on shore immediately landward of the water’s edge, between low and high watermarks.

Freeboard – the distance measured vertically downwards from the lowest point of the upper edge of the weather deck to the waterline in still water or, for an open vessel, the distance measured vertically downwards from the lowest point of the gunwale to the waterline.

Freeboard to downflooding – the distance measured downwards from the lowest point of any downflooding opening to the waterline in still water.

Hazard – a source of potential harm or damage or a situation with potential for harm or damage to people, equipment or property.

Inflatable Boat – a vessel with attains its form through inflatable tubes only, which are not attached to a solid hull.

K G of the Vessel – height of the centre of gravity above the keel.  Relates to stability of the vessel.

Length – the overall length from the foreside of the foremost fixed permanent structure to the aftside of the aftermost fixed permanent structure of the vessel.

Members Club – a non-profit distributing members’ sports club whose rules, in all material respects, would satisfy the requirements of Schedule 7 of the Licensing Act 1964 (even if it has no bar,) and which is affiliated to a national governing body of sport recognised by one of the Sports Councils of England, Wales, Scotland and Northern Ireland.

Mobile worker – a person employed as a member of the traveling personnel of a ship by an undertaking which operates services for passengers or goods, but does not include persons who are training in a sail training vessel or persons who are engaged in the navigation of, or have no emergency safety responsibility on, such a vessel.

Multihull vessel – any vessel which in any normally achievable operating trim or heel angle, has a rigid hull structure which penetrates the surface of the sea over more than one separate or discrete area.

New vessel – a vessel to which this Code applies, the keel of which was laid or the construction of lay-up was started on or after the date of publication of this Code (14 February 2004);

Open boats  – any vessel which is not a decked vessel.

Operator – the owner or managing agent of the vessel, or any other organisation or person such as the manager, or bare boat charterer, who has assumed the responsibility for operation of the ship from the owner.

Passenger – any person carried in a ship, except:

(a) a person employed or engaged in any capacity on board the vessel on the business of the vessel;

(b) a person on board the vessel either in pursuance of the obligation laid upon the master to carry shipwrecked distressed or other person, or by reason of any circumstance that neither the master nor the owner nor the charterer (in any) could have prevented or forestalled; and

(c) a child under one year of age.

Pleasure Vessel means:

(A) any vessel which at the time it is being used is:

(i) in the case of a vessel wholly owned by an individual or individuals, used only for the sport or pleasure of the owner or the immediate family or friends of the owner; or

(ii)  in the case of a vessel owned by a body corporate, used only for sport or pleasure and on which the persons on board are employees or officers of the body corporate, or their immediate family or friends; and

(iii) on a voyage or excursion which is one for which the owner does not receive money for or in connection with operating the vessel or carrying any person, other than as a contribution to the direct expenses of the operation of the vessel incurred during the voyage or excursion; or

(B) any vessel wholly owned by or on behalf of a members' club formed for the purpose of sport or pleasure which, at the time it is being used, is used only for the sport or pleasure of members of that club or their immediate family, and for the use of which any charges levied are paid into club funds and applied for the general use of the club; and

(C) in the case of any vessel referred to in paragraphs (a) or (b) above no other payments are made by or on behalf of users of the vessel, other than by the owner.

In this definition immediate family means, in relation to an individual, the husband or wife of the individual, and a relative of the individual or the individual's husband or wife; and "relative" means brother, sister, ancestor or lineal descendant.

*as defined in the Merchant Shipping (Vessels in Commercial Use for Sport and Pleasure) Regulations 1998 – to be superseded by the Merchant Shipping (Small Commercial Vessels and Pilot Boats) Regulations 2004.

Rigid inflatable boat – a vessel with inflatable tubes, attached to a solid hull. The tubes are inflated during normal craft operation.

Risk – the likelihood that a hazard may occur combined with the consequences of the hazardous event.

Sailing vessel – a vessel which is designed to be navigated under wind power alone and for which any motor provided is an auxiliary means of propulsion and/or which possesses a non-dimensional ratio of (sail area) divided by (volume of displacement)^2/3 of more than 7.

Ship – includes every description of vessel used in navigation

Watertight – capable of preventing the passage of water in either direction

Weathertight – capable of preventing the admission of a significant quantity of water into the vessel when subjected to a hose test.

Worker – any person employed by an employer under a contract of employment including trainees or apprentices.