1. Guidance on the assessment of variations to the standards applied by the Code
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Statutory Documents - MCA Publications - MGN 280 - Small Vessels in Commercial Use for Sport or Pleasure, Workboats and Pilot Boats - Alternative Construction Standards - Annex 4 - Equivalence for Variations and Beachcraft - 1. Guidance on the assessment of variations to the standards applied by the Code

1. Guidance on the assessment of variations to the standards applied by the Code

  1.1 Section 3.9 recognises that variations to the standards applied by the Code can be considered on the basis that the variations provide equivalent standards of safety by taking into account specific local conditions which are certain to exist. This section is intended for assessing equivalence for Category 6 operations, further limited to a maximum of 1 nautical mile from the shore for vessels operated by a qualified skipper or 1000m from the shore for self drive vessels, and is for use by Certifying Authorities, and Local Authorities with Certifying Authority status. It also provides Local Authorities performing licensing for beach/harbour operations, with a checklist of operational safety management practices for their consideration.

  1.2 Applications for the acceptance of alternatives must be supported by justifications and be formally made via the Certifying Authority to the Divisional Director of Standards at the Maritime and Coastguard Agency's headquarters. Application for acceptance of variations for operation beyond these limits may be specially considered.

  1.3 Variations are expected to be either a direct alternative to a requirement or a reduced requirement based upon factors that compensate for the reduction.

  1.4 Justifications made formally in support of an application for acceptance of a reduced requirement are to be arranged in priority order, according to the judgement of the applicant.

  1.5 Although not an exhaustive list, factors which will be considered individually and combined by the Divisional Director of Standards will include:

  • .1 area of operations significantly reduced from the maximum 3 miles from land and 3 miles radius to sea;

  • .2 a guaranteed control of the vessel which restricts operations to sea and weather conditions such that there is a very low risk of an accident;

  • .3 the certainty of readily available means of emergency rescue;

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

  • .5 seasonal operations only, such as between 1 April and 31 October or some lesser period, or favourable weather restrictions;

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

  • .7 provision/wearing of additional (special) individual personal survival equipment/clothing which will protect lives in an emergency;

  • .8 enhanced communications between the vessel(s) and constantly attended shore base with readily available emergency rescue craft at the base;

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

  • .10 inherent safety of the vessel by design, test and experience, (not applicable as an equivalent for stability standards or a specified level of life saving equipment);

  • .11 a high ratio of professional skipper and crew numbers to the number of other persons onboard;

  • .12 the number of safety craft provided to protect the vessels operating commercially for sport or pleasure;

  • .13 enhanced provisions for distress alert and rescue;

  • .14 means provided for "dry" rescue from a vessel in emergency situations.

Parent topic: Annex 4 - Equivalence for Variations and Beachcraft
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