This MGN provides guidance for pleasure vessels which has been developed in consultation with British Marine (BM), RYA and Yacht Brokers, Designers and Surveyors Association (YBDSA). It introduces the concept of Intended Pleasure Vessels, includes a new Exemption from fire extinguishing regulations on close-down, provides an amended Exemption with phaseout of ORC Liferafts for Class XII Vessels, and includes the existing Exemption from Class XII Fire Protection regulations. It includes the following details and guidance on the Disapplication and Exemptions from Merchant Shipping Regulations: -

The Code of Practice for Intended Pleasure Vessels in Temporary Commercial Use at Sea is applicable to any UK Pleasure Vessel or non-UK Pleasure Vessel operating from UK ports while in UK waters.

Annex 1: Exemption for Pleasure Vessels of 13.7m or over from the Merchant Shipping LifeSaving Appliances Regulations.

Annex 2: Exemption for Pleasure Vessels of 13.7m or over from certain provisions of the Merchant Shipping Fire Protection (Small Ships) Regulations.

Annex 3: Exemption for Pleasure Vessels of 13.7m or over from sections of Regulation 38 of the Merchant Shipping Fire Protection (Small Ships) Regulations.

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List of Contents Page

1. Introduction to Pleasure Vessel Regulations 3

2. Useful Definitions Relevant to this MGN 4 3. Guidance on Single-Voyage Temporary Commercial Use at Sea 6

4. Guidance on the Exemption for Life-Saving Appliances on Class XII Vessels 7

5. Guidance on the Exemption to Fire Protection on Class XII Vessels 8

6. Guidance on the Exemption to Fixed Fire-fighting Close-Down on Class XII Vessels 9

7. Guidance on Pleasure Vessel Regulations for Safety of Navigation 10

8. Guidance for Pleasure Vessels on the International Regulations for Preventing 13 Collisions at Sea

9. Guidance on Pleasure Vessels Manning and Certification Regulations 14

10. Guidance on Pollution Prevention Regulations for Pleasure Vessels 15

11. Guidance on Pleasure Vessel Registration, Survey and Certification Regulations 18

12. Advice on Other Regulations Relevant to Pleasure Vessels 19

13. Best Practice Advice for Pleasure Vessel Owners and Crew 20

ANNEX 1: Exemption in relation to Life-Saving Appliances on Class XII Vessels 22 Schedule to exemption in relation to Life-Saving Appliances on Class XII Vessels 23

ANNEX 2: Exemption in relation to fire protection on Class XII vessels 27 Schedule to Exemption in relation to fire protection on Class XII vessels 28

ANNEX 3: Exemption for Class XII fixed fire-fighting system closed down 31 Schedule to Exemption for Class XII fixed fire-fighting system closed down 32

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1. Introduction to Pleasure Vessel Regulations

1.1 The term “Pleasure Vessel” refers to how a vessel is used at the time of operation, not what a vessel has been designed or built to do (see Definitions). This can include vessels of all sizes and shapes of motor, sail and hand-powered boats and yachts. A “Commercial Vessel” is defined as “not a Pleasure Vessel” and it should be noted that a vessel owned by an individual and operated for reasons other than sport or pleasure of the owner, their immediate family or friends may not qualify as a “Pleasure Vessel”. Reference should always be made to the Pleasure Vessel definition and, if in doubt, legal advice should be sought. It is also important to highlight that payment is not the only test of whether a vessel is in commercial use and vessel owners and operators must study the definition of Pleasure Vessel with care.

1.2 The UK merchant shipping regulations identify Pleasure Vessels of 13.7m length or over as Class XII ships and these regulations set standards for the equipment to be carried on board. Also, the Recreational Craft Directive (RCD) is a European Directive which sets the standard of design and construction for vessels built to be sold as “Recreational Craft” and it is implemented in the UK through Statutory Instruments.

1.3 Merchant shipping Class XII regulations require Pleasure Vessels of 13.7m and over to carry Life-Saving Appliances and Fire-Fighting Appliances of large commercial ship standards. The MCA has worked with British Marine (BM) and the RYA to create the Exemptions at Annexes 2,3, and 4 to permit Pleasure Vessels of 13.7m and over to carry small craft equipment instead. Pleasure Vessels of less than 13.7m in length are not covered by any statutory requirements to carry Fire-Fighting Equipment or Life-Saving Appliances but the Owner has a duty of care under health and safety legislation where people are employed on-board. Owners and skippers of less than 13.7 Pleasure Vessels should refer to the RYA and BM for guidance about safety equipment for such vessels.

1.4 The Code of Practice for Intended Pleasure Vessels in Temporary Commercial Use at Sea is applicable to Intended Pleasure Vessels in temporary commercial use on a singlevoyage basis by vessel owners, manufacturers, brokers, surveyors, or repairers for business purposes relating to repair, post-production, post-repair or mid-survey sea trials, customer sea trials, or vessel delivery outside the definition of Pleasure Vessel. It is applicable to Intended Pleasure Vessels of any size which are United Kingdom vessels wherever they may be (except for Race Support Boats which is limited to 8m length in UK coastal waters). It also applies to other Intended Pleasure Vessels operating from United Kingdom ports whilst in United Kingdom waters. The user of the vessel is termed the “Operator” and has responsibilities for equipping and maintaining the vessel according to the Code of Practice while the vessel “Owner” has a responsibility for ensuring that the Operator has a system in place in order to disapply the merchant shipping regulations through compliance with the Code of Practice. The Code of Practice for Intended Pleasure Vessels in Temporary Commercial Use at Sea, as well as the Exemptions attached to this MGN, aim to achieve parity between Class XII and RCD standards to avoid “gold-plating” and to make it simpler for Owners to comply.

1.5 The Operator of an Intended Pleasure Vessel which is used on a temporary singlevoyage basis may (if it’s within scope) use the Code of Practice for Intended Pleasure Vessels in Temporary Commercial Use to meet proportionate technical standards which account for the limited risks of these activities. This recognises that vessels will be built to RCD standards or will have a history of safe operation prior to the RCD, and be equipped to levels acceptable to the MCA but recognised within the recreational craft sector of the marine industry.

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2. Useful Definitions Relevant to this MGN

2.1 Gross Tonnage (GT) means, for practical purposes, the GT figure listed on a vessel’s registration certificate. The legal definition is: -

(a) in relation to a ship having alternative gross tonnages under paragraph 13 of Schedule 5 of the Merchant Shipping (Tonnage) Regulations 1982 (SI 1982/841) permitted to be used pursuant to regulation 12(1) of the Merchant Shipping (Tonnage) Regulations 1997 (SI 1997/1510) is a reference to the larger of these tonnages;

(b) in relation to a ship having its tonnage determined both under Part II and regulation 12(2) of those 1997 Regulations is a reference to its gross tonnage as determined under regulation 12(2).

2.2 Immediate Family as defined for Pleasure Vessel use means; in relation to an individual, the spouse or civil partner of the individual, and a relative of the individual or the individual's spouse or civil partner; and "relative" means brother, sister, ancestor or lineal descendant.

2.3 International Maritime Organization (IMO), a specialized United Nations body.

2.4 Length (of a vessel) for a registered ship in the context of Class XII Regulations for Pleasure Vessels of 13.7 metres Length and over means registered length. Registered Length is the “length” as defined in the Merchant Shipping (Tonnage) Regulations 1997, (SI 1997/1510) which is defined as the greater distance of the following distances – (a) the distance between the fore side of the stem and the axis of the rudder stock; or

(b) 96 per cent of the distance between the fore side of the stem and the aft side of the stern;

the points and measurements being taken respectively at and along a waterline at 85 per cent of the least moulded depth of the ship. In the case of a ship having a rake of keel the waterline shall be parallel to the designed waterline.

2.5 Length (of a vessel) for an unregistered ship in the context of Class XII Regulations for Pleasure Vessels of 13.7 metres Length and over means the length from the fore part of the stem to the aft side of the head of the stern post or, if no stern post is fitted to take the rudder, to the fore side of the rudder stock at the point where the rudder passes out of the hull.

2.6 Mile means a nautical mile of 1,852 metres.

2.7 Passenger means a person carried on a vessel with the exception of: -

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

(b) a person who is onboard either because of the obligation on the master of the vessel to carry shipwrecked or distressed persons or because of a circumstance that neither the master, owner nor charterer (if any) could have prevented, for example a stowaway;

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2.8 Pleasure Vessel (according to SI1998/2771) means: -

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

(i) (aa) 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

(bb) 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

(ii) 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

(d) 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.

2.9 Recreational Craft means any boat of any type regardless of its means of propulsion;

a) whose hull, when measured in accordance with the appropriate harmonised standards, is not less than 2.5 metres and not more than 24 metres in length (length as defined in the RCD Regulations); and (b) which is intended for sports or leisure purposes.

2.10 Recreational Craft Directive (RCD) means The Recreational Craft Regulations, SI 2004/1464 and SI 2017/737..

2.11 Registered Ship means a ship registered on the register of British ships maintained for the United Kingdom under section 8 of the Merchant Shipping Act 1995.

2.12 Safe Haven means a harbour or shelter of any kind which affords entry, subject to prudence in the weather conditions prevailing, and protection from the force of the weather. For part 2 of this Code of Practice the Safe Haven should also consider the safety of any race participants.

2.13 At Sea and/or To Sea mean in both cases beyond UK Categorised Waters, as defined in MSN1837, as amended.

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