1 Foreword
Clasification Society 2024 - Version 9.40
Statutory Documents - MCA Publications - MGN 280 - Small Vessels in Commercial Use for Sport or Pleasure, Workboats and Pilot Boats - Alternative Construction Standards - 1 Foreword

1 Foreword

  1.1 The Code has been developed for application to United Kingdom (UK) vessels of up to 24 metres Load Line length which are engaged at sea in activities on a commercial basis, which carry cargo and/or not more than 12 passengers, or provide a service in which neither cargo nor passengers are carried, or are UK pilot boats of whatever size.

  1.2 This Code of Practice supersedes the following four Codes of Practice:-

  • .1 the Safety of Small Commercial Motor Vessels (Yellow Code);

  • .2 the Safety of Small Commercial Sailing Vessels (Blue Code);

  • .3 the Safety of Small Workboats and Pilot Boats (Brown Code); and

  • .4 the Safety of Small Vessels in Commercial Use for Sport or Pleasure Operating from a Nominated Departure Point (NPD) (Red Code).

    This Code draws together in one publication a rationalisation of the existing requirements contained in the previous four separate codes.

  1.3 It should be noted, however, that the class of ship (or type of vessel, i.e. passenger or non-passenger), assigned to a UK vessel is very much dependent upon the terms on which those persons forming the crew have been appointed.

  1.4 Vessels operating at sea, for commercial purposes, are required, under Merchant Shipping legislation to have a valid Load Line Certificate. A certificate issued in accordance with this Code of Practice provides a legal alternative to a Maritime and Coastguard Agency (MCA) Load Line Certificate for small seagoing vessels in commercial use.

  1.5 The use of the normal Merchant Shipping Regulations to achieve Load Line certification, as an alternative to Code certification, remains an option which owners can choose to adopt. The Steering Committee responsible for developing this Code considers, however, that it will be easier to apply and understand a Code of Practice than to apply the many separate Merchant Shipping Regulations which would otherwise need to be consulted. The Code offers certification which is an alternative to meeting those various regulations which would otherwise apply, and to the issue of a UK Load Line Certificate, though such vessels in compliance with this Code may additionally be issued with a Load Line certificate.

  1.6 Compliance with the Code in no way obviates the need for vessels and/or skippers to comply with relevant bylaws made by either the local/navigation authority or the port/harbour authority for the area in which the vessel operates. Local authorities may, for instance, have powers to require vessels to have passenger liability and third-party insurance cover, and to set the level of that cover. Additionally, recognising that some vessels operate both at sea and on inland waterways, attention is drawn to the common approach to vessel safety adopted by the major UK Inland Navigation Authorities. Owners/managing agent(s) of such vessels should also comply with any applicable requirements of any relevant authority for the area of operation. It should also be noted that local authorities may also have powers over the use of the foreshore and landing places, and to issue licenses for their use.

  1.7 The Code is an acceptable Code of Practice for application to vessels in accordance with the Merchant Shipping (Small Commercial Vessels and Pilot Boats) Regulations 2004, from which it draws its authority.

  1.8 Seagoing police boats should be surveyed and certificated in accordance with the "Code of Practice for all Police Craft" published by the General Purposes and Marine Subcommittee of the Association of Chief Police Officers, and which is covered by the General Exemption issued on behalf of the Secretary of State.

  1.9 This Code applies to all UK Pilot Boats. There is no equivalent Merchant Shipping legislation.

  1.10 The organisations involved in the harmonisation of the Codes of Practice referred to in 1.2, were as follows:

  • American Bureau of Shipping
  • Association of British Yacht Charter Companies
  • Association of District Councils
  • British Marine Federation
  • British Ports Association
  • British Sub-Aqua Club
  • Bureau Veritas
  • Burness Corlett and Partners
  • Det Norske Veritas
  • Germanischer Lloyd
  • Clasifications Register of Shipping
  • Maritime and Coastguard Agency
  • MECAL Limited
  • National Federation of Charter Skippers
  • National Federation of Sea Anglers
  • National Workboat Association
  • Professional Boatman's Association
  • Registro Italiano Navale
  • Royal Yachting Association
  • The Society of Consulting Marine Engineers and Ship Surveyors
  • Trinity House Lighthouse Service
  • UK Major Ports Group
  • UK Maritime Pilot's Association
  • Yacht Charter Association
  • Yacht Designers and Surveyors Association

  1.11 The primary aim in developing the Code has been to set standards of safety and protection for all on-board and particularly for those who are trainees or passengers. The level of safety it sets out to achieve is considered to be commensurate 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.

  1.12 The over-arching principle of the harmonisation process was not to introduce wide-scale changes or enhancement to the original Codes' standards. The Working Group was tasked by the Steering Committee to take into account the lessons learnt since the Codes were introduced and to review the Code in line with the MCA's Range and Risk philosophy. This Range and Risk philosophy is manifested, in this Code, through a new approach to assessing a variety of the key elements (vessels' structural strength, stability, life saving apparatus, etc.). These have been revised upon better consideration of the control measures necessary for the safety of the vessel's complement of persons. Clearly these measures should increase in requirement, proportionately with the increase in range of a vessel from a safehaven and/or the risks introduced by the number of persons carried on-board, or the particular type of operation that the vessel is to undertake.

  1.13 It will be noted that the Code deals with the equally important subject of manning and of the qualifications needed for the senior members of the crew.

  1.14 In addition, however, designers and builders of vessels will need to pay special regard to the intended area of operation and the working conditions to which a vessel will be subjected when selecting the materials and equipment to be used in its construction.

  1.15 The builder, repairer or owner/managing agent of a vessel, as appropriate, should take all reasonable measures to ensure that a material or appliance fitted in accordance with the requirements of the Code is suitable for the purpose intended, having regard to its location in the vessel, the area of operation and the weather conditions which may be encountered.

  1.16 The Commission of the European Communities' general mutual recognition clause should be accepted. The clause states:-

Any requirement for goods or materials to comply with a specified standard shall be satisfied by compliance with:-

  • .1 a relevant standard or code of practice of a national standards body or equivalent body of a Member State of the European Community;

  • .2 any relevant international standard recognised for use in any Member State of the European Community;

  • .3 a relevant specification acknowledged for use as a standard by a public authority of any Member State of the European Community;

  • .4 traditional procedures of manufacture of a Member State of the European Community where these are the subject of a written technical description sufficiently detailed to permit assessment of the goods or materials for the use specified; or

  • .5 a specification sufficiently detailed to permit assessment for goods or materials of an innovative nature (or subject to innovative processes of manufacture such that they cannot comply with a recognised standard or specification) and which fulfil the purpose provided by the specified standard;

provided that the proposed standard, code of practice, specification or technical description provides, in use, equivalent levels of safety, suitability and fitness for purpose.

  1.17 It is important to stress that, whilst all reasonable measures have been taken to develop standards which will result in the production of safe and seaworthy vessels, total safety at sea can never be guaranteed. As a consequence, it is most strongly recommended that the owner/managing agent of a vessel should take out a policy of insurance for all persons who are part of the vessel's complement from time to time. Such insurance should provide cover against any foreseeable claims that may arise. If a policy of insurance is in force, a copy of the certificate of insurance should be either displayed or available for inspection by persons on-board the vessel.

  1.18 When a vessel to which the Code is applicable is permanently based abroad and subject to Rules, Regulations and examination by the Administration of the country from which it operates, the owner/managing agent may approach a Certifying Authority with the purpose of establishing "equivalence" with the Code.

  • .1 "Equivalence" should be established for the construction of a vessel, its machinery, equipment, stability, correct operation and examination of the vessel.

  • .2 The Certifying Authority, when it is satisfied that it is appropriate to do so, may make recommendations in order to issue a certificate based on declaration(s) and report(s) from the administration of the country in which the vessel is permanently based.

  • .3 The Certifying Authority should make its recommendations to the UK Administration for approval by the Secretary of State.

It should also be noted that United Kingdom registered vessels to which this Code applies, when operating outside of United Kingdom waters, may be subject to additional requirements of the port state or overseas administration, over and above this Code of Practice. Owners/managing agents should contact the administration controlling these waters for further information.

  1.19 The Organisations listed in 1.10 above most strongly recommend that all owners and operators of pleasure vessels, including those operated by members clubs, adopt the standards set out in the Code, or equivalent as appropriate to their operation, as guidelines on safe practice.

  1.20 The Organisations listed in 1.10 above consider that the following criteria must be satisfied for member's clubs to properly claim that their vessel or vessels are pleasure vessels within the meaning of the Regulations;

  • .1 The vessel or vessels must be in the ownership of the club as a legal entity, or in the joint ownership of all the members evidenced by documentation that is legally binding on parties.

  • .2 The major and valuable items of equipment for these vessels must be similarly owned, and evidenced.

  • .3 The members club should be able to produce its own constitution, membership list and accounts to an officer of the MCA.

  1.21 Delegation of Survey and Certification to Certifying Authorities

  • 1.21.1 The MCA is an Executive Agency of the Department for Transport, and has responsibility and accountability for the UK Merchant Shipping Regulations and their enforcement. The Agency has delegated to Certifying Authorities the examination (survey) and certification of vessels to which this Code applies, and the Certifying Authorities and the MCA have a written agreement which defines this relationship. The MCA, however retains the enforcement duties of the Code and is responsible for auditing the Certifying Authorities, although it remains an active Certifying Authority itself.

  • 1.21.2 The appointment of Certifying Authorities has been influenced by the requirement to have a local capability for the efficient handling of the needs of owners/operators of vessels. Certifying Authorities appointed may charge owners/operators of vessels a fee appropriate to the effort which is required from them for a vessel to be examined and certificated.

  • 1.21.3 Certain coastal local authorities which have been able to satisfy MCA criteria have been appointed Certifying Authorities, and are therefore able to issue certificates under this Code in addition to discharging their option with regard to their boat licensing schemes. Where local authorities have declined to take appointments as Certifying Authorities, MCA has approached those Certifying Authorities which are already actively engaged on the Agency's behalf in the examination and certification of vessels under the Codes, and these have, with their agreement, been appointed.

  • 1.21.4 At the option of the local authority, the written agreement between the Administration and the local authority Certifying Authorities may include limited delegation of enforcement powers to the local authority. Such delegation will allow the local authority power to stop and detain vessels which are un-certificated, or to which they have issued certificates, which would otherwise contravene certification in accordance with this Code.

  1.22 Impact of Government Reviews and the Adventure Activities Regulations

  • 1.22.1 The objectives for sport have been set out by Government. The principle of self-determination for sports bodies has been encouraged to the extent that when it has been necessary to impose some form of control on such bodies, the policy has usually been to encourage the bodies to adopt voluntary codes or procedures which would have the same effect as regulation.

  • 1.22.2 In 1990, Government commissioned a review into safety in water sports. The review concluded that the current system of self-regulation developed by the governing bodies of sport is sufficient to meet their responsibility for the safety of sports participants.

  • 1.22.3 The Code makes requirements for commercial water based recreational activities which recognise the findings of the above review. National governing bodies for sea recreational activities which have developed safety standards and examination procedures to ensure the standards are upheld can apply to the Administration to request assessment and authorisation to continue to regulate vessels complying with their scheme rather than with the provisions of the Code. The safety content of any certification will however be assessed and agreed formally before the certification is recognised.

  1.23 Health and Safety Regulations

  • 1.23.1 The owner/skipper of a vessel is responsible for the health and safety of anyone working on the vessel. When the owner/skipper employs crew, the Merchant Shipping Health and Safety Regulations apply. See 2.10 of Annex 3 - The Manning of Small Vessels.

  • 1.23.2 Every employer is to be aware of any risks affecting workers and ensure that appropriate measures are taken to minimise them through improving procedures or equipment where necessary. Employers must instruct those affected about the risks and how to ensure their own health and safety and the health and safety of others.

Parent topic: MGN 280 - Small Vessels in Commercial Use for Sport or Pleasure, Workboats and Pilot Boats - Alternative Construction Standards
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