Preamble

(The Preamble is provided for explanatory purposes and is not part of the Code provisions)

1. It is widely recognised that it has become increasingly impractical to apply to pleasure yachts International Convention standards and requirements of the major operational Conventions of the International Maritime Organization (IMO), which have been developed and have evolved to deal with merchant cargo ships and passenger ships. With respect to non-passenger pleasure yachts, these difficulties have been addressed under the Large Commercial yacht Code (LY2) which deals with pleasure vessels engaged in trade carrying 12 passengers or less.

2. In a similar vein, this Code (The Code of Practice for Yachts Carrying 13 to 36 Passengers”) hereinafter referred to as “the Passenger yacht Code” or “the Code”, seeks to rationalise the requirements and standards to be met by a pleasure yacht of any size which carries more than 12 but not more than 36 passengers on international voyages, particularly with respect to the International Convention for the Safety of Life at Sea, 1974 (SOLAS 1974), as amended, the International Convention on Load Lines, 1966 (LL 1966), as amended and the International Convention on Standards of Training, Certification and Watchkeeping, 1978 (STCW 1978), as amended, including applicable Protocols and Codes thereto.

3. The development of the Code is therefore based on the consideration that full compliance with some of the provisions of the conventions referred to in paragraph 2 as they apply to commercial merchant passenger ships is unreasonable and in some instances disproportionately onerous in terms of design and cost compared to the incremental increase in safety levels achieved for yachts, given that pleasure yachts have a very different operating pattern (for the most part occasional voyages in defined weather conditions or operating areas) when compared to a typical commercial passenger ship which usually operates 24/7 on a tight schedule. Thus, for the avoidance of doubt, the Code is intended to cater exclusively to the pleasure and leisure sector of the market and it is not intended to apply to commercial cruise, excursion or ferry passenger (including passenger/cargo vessels) sectors of the industry. Vessels to which this Code applies need not be considered as High Speed Craft.

4. The Code has been developed by the Members of the Red Ensign Group^footnote (REG) through its Technical Forum and applies to pleasure yachts of any size which are in private use or engaged in trade and which do not carry cargo and carry 13 to 36 passengers.

5. The Code sets out technical, safety and operational standards appropriate to the size and operation of the vessels expected to operate under this Code. The standards incorporated in the Code are largely based on the international conventions applying to commercial vessels with the inclusion of equivalencies where it is not reasonable or practicable to comply with the conventions and where there is an opportunity to enhance safety. Compliance with the standards required by the Code will entitle a yacht to be issued with the appropriate Passenger Certificate under the relevant international Convention or under national law as the case may be.

6. Table Annex 3 sets out the philosophy applied in terms of the category of pleasure yacht and its area of operation against the standards of stability and survivability, scale of Life Saving Appliances (LSA), maximum persons carried and related parameters. The structure also provides a “stepped approach” to be adopted in ascertaining appropriate standards to be applied to the various categories of yacht and their operational areas. In general terms, where the carriage of Davit Launched Liferafts (DLLs) or Marine Evacuation Systems (MESs) are permitted in lieu of lifeboats, enhanced standards of subdivision, damaged stability and fire protection are applied as per the relevant Chapters of the Code, bearing in mind the relationships between subdivision, damaged stability and survivability of the yacht, thus applying the current philosophy of the ship being its own best survival craft.

7. With respect to structural standards it is a pre-requisite that a vessel aspiring to be Code compliant will be Classed and maintained in Class as a passenger ship with one of the Classification Societies authorised to act as a Recognized Organization (RO) by the REG.

8. In regard to enhanced fire protection, detection and extinction, for example, a fully addressable fire detecting and extinguishing system is required in all ships to which the Code applies.

9. In parallel with the “stepped” approach referred to in paragraph 6 the Code also, with respect to a Passenger Yacht 2, takes account of the provisions in SOLAS (Chapter II-2A, Regulation .4.1 and Chapter IIIA, Regulation 1.4.1) which allow for exemptions from the requirements with respect to the sheltered nature and conditions voyages where the ship is not more than 20 nautical miles from land.

10. The option remains for any yacht to which the Code applies to carry lifeboats and thereby operate in a higher category or less restricted operational area.

11. Whilst the early versions of the Code did not include provisions for sailing vessels, with the publication of the sixth edition, there are now such provisions in the form of Chapter 14. This chapter was made possible by the kind sponsorship of a research project on intact sailing vessel stability by the Superyacht Builder Association (SYBAss), Lloyds Register EMEA & the International Council of Marine Industry Associations (ICOMIA) for which the REG are thankful. The REG requests that information on experience gained in the implementation of the Chapter is submitted to the industry working group to aid in its continued development.

12. The Code does not currently include provisions for composite vessels. Therefore, whilst it is intended to include such provisions in a later version of the Code, vessels constructed from composite or other materials are excluded from the current version.

13. Where reference is made to the National Requirements in an Annex, individual members of the REG can provide guidance appropriate to their national regulations and policy.

14. Where the relevant provisions of SOLAS 74 or LL 66 (as amended) apply in part but some provisions have been modified then the text of all of that Part of the Convention has been incorporated into the body text of the Code for consistency and ease of reference. To readily determine what is “new” drafting and what, in essence, are unmodified Convention provisions, then in the body text of the Code-

(a) modified or alternative provisions are shown, in italics; and
(b) unchanged Convention provisions are shown in plain text.

15. Again for consistency and to achieve a uniform drafting style, the wording of some of the unchanged Convention provisions has been adjusted, but the actual provisions remain unchanged and so the body text is in plain text.

16. Where the relevant provisions of a part of SOLAS 1974 or LL 1966 apply without any modification, those provisions are in general incorporated into the Code through appropriate cross references.

17. The structure of the Code in terms of Headings, Sections etc. is as follows-

(a) the main divisions are Chapters;
(b) in each Chapter consecutive “sections”, which each have a sub-heading attached to them, are numbered consecutively preceded by the Chapter number – e.g., in Chapter 1 the sections would be 1.1,1.2, 1.3 etc.;
(c) sections are further divided into subsections numbered consecutively as (1), (2), (3) etc. except where, occasionally, the section does not require any such division;
(d) subsections may be further subdivided into paragraphs labelled (a), (b) (c) etc.;
(e) where necessary, paragraphs may be further divided into subparagraphs numbered (i), (ii), (ii) etc.;
(f) where occasionally a further sub-division is necessary, sub-subparagraphs are used labelled (ba), (bb), (bc) etc.
(g) due to its complex structure, Chapter 4 has also been subdivided into Parts;
(h) finally, for consistency and clarity, cross references are couched in terms of the Chapter and section number to the required level (e.g. section 4.49(1)(a) (ii) refers to Chapter 4, section 49, subsection (1), paragraph (a). subparagraph (ii), except where a shortened reference does not introduce any doubt.

18. It should also be borne in mind that the applicable provisions of other International Conventions and related Instruments, as well as the provisions of applicable national legislation, are to be applied as appropriate, except where equivalent or alternative provisions are provided for under the Code, in which case the Code provisions will apply. In this regard it is not permitted to apply only selected provisions of the Code on a “pick and mix” basis. Where the Code is applied, it shall, to that extent, be applied in full.

19. In setting out the required standards of safety and operation, within the framework of SOLAS 1974, LL 66 and STCW 78, as amended, which are appropriate to the size and area of operation of the vessel, due cognizance is taken of the provisions in those Conventions for equivalent or alternative provisions taking into account the functional requirements involved^footnote.

20. Other International Conventions and Instruments which may need to be complied with include but are not necessarily limited to-

(i) International Convention on Tonnage Measurement of Ships, 1969, as amended (TONNAGE 1969);
(j) Protocols of 1988^footnote relating to International Convention on Load Lines, 1966, as amended (LL PROT 1988) and the International Convention for the Safety of Life at Sea, 1974, as amended (SOLAS Protocol 1988);
(k) International Convention for the Prevention of Pollution from Ships, 1973, as amended by the Protocol relating thereto of 1978, as further amended (MARPOL 73/78);
(l) International Convention on Standards of Training, Certification and Watchkeeping for Seafarers, 1978, as amended (STCW 1978);
(m) Convention on the International Regulations for the Prevention of Collisions at Sea, 1972, as amended (COLREG 1972);
(n) Maritime Labour Convention, 2006;
(o) International Convention on the control of Harmful Anti-fouling Systems on Ships, 2001;
(p) Ballast Water Management Convention, 2004;
(q) International Convention on Civil Liability for Bunker Oil Pollution Damage, 2001;
(r) Protocol of 1997 to MARPOL (Annex VI – Air Pollution); and
(s) International Convention on the Control of Harmful Anti-Fouling Systems on Ships.
(t) Yachts which intend to operate in Polar Regions must meet requirements of one of the recognized Classification Societies listed in Annex 1 appropriate to the intended area of operation. Reference to be made to SOLAS XIV and the Polar Code.