Inland Waters Small Passenger Boat Code

2 How to use this Code

2.1 It is the responsibility of the operator to ensure that a vessel is properly maintained, equipped and manned so that it can be operated safely. This Code aims to set out best practice for vessel standards, equipment and operation, as determined by the Working Group and through public consultation, for different areas of operation.

2.2 The primary aim in developing the Code has been to establish standards of safety and protection for all on board, particularly passengers. The level of safety it sets out to achieve is considered to be in line with the current expectations of the general public. The Code relates especially to the construction of a vessel, its machinery, equipment and stability, and to the correct operation of a vessel so that safety standards are maintained.

2.3 Local variations
However, given the range of vessels, operating environments and types of operation that are covered by the Code, it is not possible to cover every situation. This Code is therefore not mandatory, but provides a framework for licensing authorities and operators to use in determining the appropriate standards for the vessels with which they are concerned. In particular, competent navigation or harbour authorities may make variations from this Code which take account of local circumstances.

2.4 Individual discretion
Individual operators may, in the particular circumstances of their operation, be able to achieve an equivalent or higher level of safety using means other than the specified standards. Such departures from the Code should however be based on an adequate risk assessment (see paragraph 3.5), and in waterways for which there is a navigation or harbour authority, should be agreed with the competent authorities.

2.5 Determining factors
Although not an exhaustive list, the following factors should be taken into consideration:

1. area of operation, and likely weather conditions;

2. the ready availability of dedicated emergency rescue (this should not assume the availability of public rescue services or the RNLI);

3. operations wholly within sight of the supervising body and means of emergency rescue;

4. seasonal operations only, such as between 1 April and 31 October or some lesser period, or daytime operations only, in non-flood river flow conditions;

5. vessels operating in close proximity to one another, and equipped to provide efficient safety back-up to each other in an emergency;

6. the provision or wearing of additional (special) individual personal survival equipment or clothing which will protect lives in an emergency;

7. enhanced communications between the vessel(s), and a constantly-attended shore base with readily available emergency rescue craft at the base;

8. the nature of the sport or pleasure activity involves very low risk of participants accidentally entering the water or causing the vessel to capsize;

9. inherent safety of the vessel by design, test and experience;

10. the ratio of suitably trained crew to other persons onboard;

11. enhanced provisions for distress alert and rescue;

12. means provided for "dry" evacuation from a vessel in emergency situations.

2.6 Management
It is recommended that operators use a simple safety management system of the type that is mandatory for Class V passenger ships. The purpose of this system is to:

1. ensure safety on board for passengers and crew;

2. prevent human injury and loss of life, damage to property or the environment;

3. comply with applicable regulations and rules; and

4. keep documentary evidence of risk assessments and the safety procedures in place.

Guidance is at Annex 4.

2.7 Other local requirements
In addition to the guidance in the Code, the local authority or the port/harbour authority for the area in which the vessel operates may lay down requirements for vessels and/or skippers under relevant by laws. In particular, local authorities may require vessels to have passenger liability and third party insurance cover, and set the level of cover. Also, local authorities may have powers over the use of the foreshore and landing places, and to issue licenses for their use.

2.8 Licensable activities
In particular, the appropriate Local Authority is also the Licensing Authority for alcohol and public entertainment. If licensable activities are carried out on the vessel, a premises licence must be in force. Licensable activities are:

• Retail sale of alcohol (which includes provision of alcohol as part of a wider entertainment)
• Public entertainment (ie organised dancing, music, theatre, sports)
• Sale of late night refreshments (hot meals or hot drinks between 11pm and 5pm).

If alcohol is provided on board, then in addition someone responsible for the premises must hold a personal licence issued under the Licensing Act 2003. Further information is available from the Department of Culture Media and Sport website www.culture.gov.uk and from the relevant Licensing Authority, which will publish a statement of its licensing policy.

2.9 Where a vessel is certificated or licensed under a local licensing regime for passenger carrying vessels which lay down different standards for the vessel in operation, this code may be used as additional guidance to the operator.