Inland Waters Small Passenger Boat Code 3 APPLICATION AND INTERPRETATION 3.1 General 3.1.1 This Code is intended to apply to vessels operating in the UK which do not go to sea and carry no more than 12 passengers. In determining the number of passengers, a passenger is “any person carried on a ship except: 1. a person employed or engaged in any capacity of the vessel’s business; 2. a person on board the vessel, either in pursuance of the obligation laid upon the master to carry shipwrecked, distressed or other persons, or by reason of any circumstance that neither the master nor the owner nor the charterer (if any) could have prevented or forestalled; 3. a child under one year of age” 3.2 Type of Operation 3.2.1 This Code is intended to apply to vessels operating commercially with a skipper or crew, and which only carry passengers. For the purposes of this Code, any vessel that is not a pleasure vessel is deemed to be operating commercially (refer to Annex 2 for a definition). Examples of relevant vessels include, but are not limited to, an angling or dive vessel operating in estuarial waters, a skippered sailing vessel taking passengers out on a lake, a water taxi, a hotel boat and a narrow boat on a canal doing trips in aid of a restoration project. 3.2.2 Vessels operated by proprietor’s clubs and associations, whether the operator is corporate, private or of a charitable nature, should comply with the Code. 3.2.3 The Code is not intended to apply to: · Self-drive hire craft or bareboat charters (where there is no work activity being carried out by those hiring the vessel); · Pleasure vessels, as defined in Annex 2 and the Merchant Shipping (Small Commercial Vessels and Pilot Boats) Regulations 2004; · Vessels operated by establishments licensed by the Adventure Activities Licensing Authority (AALA); For more information about AALA, contact them at 17 Lambourne Crescent www.aala.org · Vessels operating as part of Royal Yachting Association recognised training establishments; for further information contact the Royal Yachting Association at RYA House www.rya.org.uk · canoes, kayaks, white water rafts, bell boats, dragon boats or similar, which are covered by guidance issued by the national sports governing bodies. For further information contact the British Canoe Union at John Dudderidge House www.bcu.org.uk · Beach craft - There are guidelines for beach craft at Annex 5. 3.2.4 For sports bodies, the Government encourages the principle of self-determination to the extent that when it has been necessary to impose some form of control, the policy has been to encourage the bodies to adopt voluntary codes or procedures which would have the same effect as a regulation. A review of safety in water sports in 1990 concluded that the current system of self-regulation developed by the governing bodies of sport was sufficient to meet their responsibility for the safety of sports participants. 3.3 Area of Operation 3.3.1 Different safety standards may apply for vessels operating in different types of waters. This Code is intended only for vessels operating in UK inland waters. Most UK waters used for commercial operations are designated with a Category – Categories A to D - under the Merchant Shipping (Categorisation of Waters) Regulations 1992. These are listed in Merchant Shipping Notice 1776(M). The Code may also be applied to vessels operating on inland waters which are not listed –such as enclosed lakes and gravel pits. 3.3.2 Categories A, B, C and D are defined as follows: Category A: Narrow rivers and canals where the depth of water is generally less than 1.5 metres. (Corresponding to EU inland waterway zone 4). Category B: Wider rivers and canals where the depth of water is generally more than 1.5 metres and where the significant wave height could not be expected to exceed 0.6 metres at any time. (Corresponding to EU inland waterway zone 3). Category C: Tidal rivers and estuaries and large, deep lakes and lochs where the significant wave height could not be expected to exceed 1.2 metres at any time. (Corresponding to EU inland waterway zone 2). Category D: Tidal rivers and estuaries where the significant wave height could not be expected to exceed 2.0 metres at any time. (Corresponding to EU inland waterway zone 1). 3.3.4 Operators should ensure that their vessel meets the appropriate standards for the waters in which it operates, and that the skipper and crew members are instructed as to the operating limits. See Annex 6 for guidance for vessels which make a short transit through waters of a higher category. 3.3.5 Where a vessel operates in UK waters that are not listed in any of the categories (ie such as enclosed lakes and gravel pits), the standards applying to the most appropriate category, as defined above, should be followed. Advice may be obtained from the local Marine Office or navigation authority. 3.3.6 This Code is not intended for vessels that go to sea. “go to sea” means to operate seaward of Category A, B, C or D waters. Commercial Vessels that go to sea are required to comply with the Merchant Shipping (Small Commercial Vessels and Pilot Boats) Regulations [2004] or with Load Line Regulations and associated regulations. 3.4 Standards 3.4.1 Where European (EN) or International (ISO) standards are quoted, these are associated with the European Recreational Craft Directive (Council Directive 98/25/EC), as implemented in the UK by the Recreational Craft Regulations 1996 S.I. 1996/1353. 3.4.2 Where this guidance refers to a British standard, equivalent standards approved by other Member States of the European Community may be followed. See Annex 7 for a statement of mutual recognition of national standards approved by other Member States. 3.4.3 Where a new vessel carries a CE marking attesting to compliance with the EC Recreational Craft Directive (94/25/EC), it can be assumed to comply with the standards laid down in Chapters 4, 5, 6, 9, 10, 11 and 12 of this Code. In addition it can be assumed to comply with the technical standards quoted in Chapter 7, sections 8.1-8.3 and Chapter 14, but these sections also contain operational provisions which will apply to an RCD vessel. Moreover, it is the responsibility of the operator to ensure that the vessel is used in accordance with its design Category, and is maintained to the appropriate standards. 3.4.4 In the Categorisation of Waters (see paragraph 3.3 above) · Categories A and B are generally coincident with the Recreational Craft Directive design category D – which refers to small lakes, rivers and canals where a significant wave height of up to, and including, 0.5m may be experienced. · Categories C and D are generally coincident with the Recreational Craft Directive (94/25/EC) design category C – which refers to estuaries, large and deep lakes, lochs and tidal rivers where a significant wave height of up to, and including, 2m may be experienced. 3.4.5 Where a vessel has been issued with a Boat Safety Scheme Certificate, this means that it meets the minimum construction and maintenance standards set out by the participating Navigation Authorities relating to the prevention of fire starting and spreading, prevention of explosion and prevention of pollution. Whilst the BSS requirements are generally harmonized with relevant International Standards (quoted in this Code) in some respects they reflect existing UK practice which may be less onerous that the respective BS/EN/ISO requirement. The Boat Safety Scheme is primarily intended to protect against third party risks and does not cover other important areas such as stability and hull integrity. 3.4.6 Neither the Recreational Craft Directive nor the Boat Safety Scheme cover the safe operation of the vessel, and operators should follow the operational guidance which ensures that safety standards are maintained. 3.5 Health
and Safety Regulations 3.5.2 Every employer is to be aware of any risks affecting workers and ensure that appropriate measures are taken to minimize these risks through improving procedures or equipment where necessary and high levels of crew competence. Employers must instruct those affected about the risks and how to ensure their own safety and the safety of others. 3.5.3 The concept of risk assessment is relatively simple, and follows these basic steps: · Identify
the hazards 3.5.4 Applying the principles of the health and safety requirements to vessels covered by this Code means that the operator or skipper should take a proactive approach to safety and consider what particular hazards are likely to arise in the context of work activities on board. They should then take appropriate measures to reduce the risks in so far as reasonably practicable. The goal is to provide, as far as reasonably practicable, for a safe working environment, with crew following safe working practices. It may be helpful to record the results of the risk assessment to refer to when the risk assessment is reviewed. Workers must be given appropriate health and safety instruction and information, taking account of the findings of the risk assessment. |
