The Merchant Shipping (Radio Installations) Regulations 1992

• (5) Notwithstanding the provisions of paragraph (4) of this regulation, in cargo ships the reserve source of energy may be used to provide energy for a number of low-power emergency circuits which are wholly confined to the upper part of the ship, such as emergency lighting on the boat deck, on condition that such circuits are adequately fused and can be readily disconnected and that the source of energy is of sufficient capacity to carry the additional load.

Radio officers

42

• (1) Every radiotelegraph ship which is provided with a radiotelegraph auto-alarm shall, upon proceeding to sea, be provided with radio officers as follows—

• (a) two radio officers on each passenger ship carrying or certificated to carry more than 250 passengers and engaged on a voyage exceeding 16 hours' duration;

• (b) one radio officer on all other radiotelegraph ships.

• (2) Every United Kingdom radiotelegraph ship which is not provided with a radiotelegraph auto-alarm shall, upon proceeding to sea, be provided with radio officers as follows—

• (a) three radio officers if at sea for more than 48 hours between consecutive ports;

• (b) two radio officers if at sea for more than 12 hours but not more than 48 hours between consecutive ports;

• (c) one radio officer if at sea for not more than 12 hours between consecutive ports.

• (3) The chief radio officer on board a United Kingdom radio telegraphship shall be a person who has had experience at sea as a radio officer for a total of not less than—

• (a) two years in the case of a United Kingdom passenger ship in respect of which there is in force a certificate to the effect that it is fit to carry more than 250 passengers;

• (b) one year in the case of any other passenger ship; and

• (c) six months in the case of a cargo ship.

• (4) For the purpose of this Part no person shall be qualified to be a radio officer on board a United Kingdom ship unless he is the holder of—

• (a) a valid certificate of competency issued by the Secretary of State in the form of—

• (i) a Maritime Radiocommunication General Certificate, or

• (ii) a First or Second Class Certificate of Competency in Radiotelegraphy; or

• (iii) a valid Certificate of Competency granted by an authority empowered in that behalf by the laws of a Commonwealth country or a member State and recognised by the Secretary of State as the equivalent of a certificate specified in subparagraph (i) or (ii) above:

Provided that in the case of the chief radio officer on board a United Kingdom passenger ship the Certificate required undersub-paragraph (a) of this paragraph shall be either a Maritime Radiocommunication General Certificate, or a First Class Certificate of Competency in Radiotelegraphy or certificate equivalent thereto granted in accordance with subparagraph (a)(iii); and

• (b) an authority granted by the Secretary of State under section 7 of the Wireless Telegraphy Act 1949[^f00021] to operate a wireless telegraphy station established on a United Kingdom ship under a licence issued by the Secretary of State.

Provided that the holder of a certificate specified in subparagraph (a) issued on or after 28th April 1984 shall not be so qualified unles she is in addition the holder of a valid certificate issued by the Secretary of State or a person authorised by him stating that the holder has satisfied the additional knowledge and training requirements set out in Schedule 7 to these Regulations or a document recognised by the Secretary of State as the equivalent of such a certificate and issued by an authority empowered in that behalf by the laws of some part of the Commonwealth or a member State.

• (5) For the purposes of paragraph (4) above no certificate of competency shall be deemed to be valid on any date if granted more than 2 years before that date and either—

• (a) the holder’s period, or aggregate of periods, of experience on that date is less than three months, or

• (b) the holder last had experience at a time earlier than 2 years before that date, unless he can satisfy the Secretary of State by re-examination or otherwise that he still possesses all the qualifications described in his certificate and that his experience with modern equipment is adequate.

For the purpose of this paragraph the expression “experience” means experience as the operator of radiotelegraph apparatus—

• (i) at sea, as a radio officer or a radiotelegraph operator, or

• (ii) on land, as an operator at a radiotelegraph station maintained on land by the Post Office or British Telecommunications for communication with ships.

• (6) For the purposes of this Part no person shall be deemed to be a radio officer on board a ship registered outside the United Kingdom unless he holds a valid Certificate of Competency in radiotelegraphy granted by an authority empowered or recognised in that behalf by the laws of the country in which the ship is registered and issued in accordance with the Radio Regulations.

Radio watch

43

• (1) Each ship which in accordance with this Part is fitted with a radiotelegraph installation shall, while at sea, maintain continuous watch on—

• (a) the radiotelephone distress frequency at the place on board from which the ship is normally navigated by use of a radiotelephone distress frequency watch receiver; and

• (b) the radiotelegraph distress frequency by means of a radio officer using headphones or a loudspeaker:

Provided that if the ship is provided with a radiotelegraph auto alarm and the means to cause an audible warning to be given in the radiotelegraph operating room, in the radio officer’s sleeping accommodation and on the bridge when the radiotelegraph auto alarm is activated by a radiotelegraph alarm signal, such watch may be kept by the radiotelegraph auto alarm—

• (i) at all times except during the working hours specified in the Radio Regulations to be maintained by the appropriate category of ship station; and

• (ii) on all occasions during the working hours specified in the Radio Regulations to be maintained by the appropriate category of ship station when the radio officer is performing other duties in accordance with the provisions of paragraph (3) of this regulation and it is impracticable to listen by headphones or loudspeaker; but the listening watch shall always be maintained during working hours by a radio officer using headphones or loudspeaker during the silence periods on the frequency of 500 kHz.

• (2) Each radiotelegraph ship shall while at sea maintain the working hours specified in the Radio Regulations for ship stations—

• (a) of the first category in respect of ships not provided with a radiotelegraph auto alarm;

• (b) of the second category in respect of passenger ships provided with a radiotelegraph auto alarm and carrying or certificated to carry more than 250 passengers and engaged on a voyage exceeding 16 hours' duration between consecutive ports; or

• (c) of the third category in respect of all other radiotelegraph ships provided with a radiotelegraph auto alarm.

• (3)

• (a) During the period when a radio officer is required by this regulation to listen on the radiotelegraph distress frequency, the radio officer may discontinue such listening during the time when he is handling traffic on other frequencies or performing other essential radio duties, but only if it is impracticable to listen by split headphones or loudspeaker. The term “essential radio duties” in this paragraph includes urgent repairs of—

• (i) equipment for radiocommunication used for safety;

• (ii) radio navigational equipment by order of the Master.

• (b) In addition to the provisions of sub-paragraph (a) of the paragraph, on ships other than multi-radio officer passenger ships, the radio officer may, in exceptional cases, that is to say, when it is impracticable to listen by split headphones or loudspeaker, discontinue listening by order of the Master in order to carry out maintenance required to prevent imminent malfunction of—

• equipment for radiocommunication used for safety;

• radio navigational equipment;

• other electronic navigational equipment including its repair:

• Provided that— the radio officer is appropriately qualified to perform these duties; and the ship is fitted with a receiving selector which complies with the requirements of the Radio Regulations.

• (4) In all ships fitted with a radiotelephone auto alarm, that alarm shall, while the ship is at sea, be in operation whenever there is no listening watch being kept on the radiotelegraph distress frequency by a radio officer using headphones or a loudspeaker.

Radio log — radiotelegraph ship

44

• (1) The radio log required by the Radio Regulations for a ship which is fitted with a radiotelegraph station in accordance with this Part shall be kept in the radiotelegraph operating room during the voyage.

• (2) Every radio officer on board such a ship shall, when on duty, enter in the radio log the information specified in Schedule 6 Part A in the form specified in Schedule 6 Part B to these Regulations.

• (3) The radio officer, or if there is more than one, the chief radio officer, shall inspect and sign each day the entries for that day in the radio log confirming that the requirements of this Part have been met.

• (4) The Master of the ship shall inspect and sign each day’s entries in the radio log.

• (5) The radio log shall be available for inspection by officers authorised by the Secretary of State to make such an inspection.

• (6) Regulations made under section 68 of the Merchant Shipping Act 1970[^f00022] (requiring production of the official log book to the Registrar General of Shipping and Seamen, a superintendent, a proper officer or an officer of customs and excise and delivery of the official log book to the appropriate superintendent or proper officer) shall apply to the radio log as they apply to the official log book.

Radio equipment for lifeboats and survival craft

45

• (1) The motor life-boat fixed radiotelegraph installation, the portable radio equipment for survival craft, the two-way radiotelephone apparatus for survival craft and the survival craft emergency position-indicating radio beacons required to be provided in pursuance of regulations as to life-saving appliances made under section 21 of the Merchant Shipping Act 1979[^f00023] shall comply with the appropriate performance specifications and shall be tested in accordance with regulation 21(1), 22(3)(b) and 22(3)(c) of these Regulations.

• (2) The battery included in motor life-boat fixed radio equipment shall not be used for any purpose other than the operation of such equipment and the searchlight provided in compliance with the Regulations as to life-saving appliances.

PART IV — ENFORCEMENT

Power to detain

46

In any case where a ship to which these Regulations apply, does not comply with the requirements of these Regulations, the ship shall beliable to be detained and section 692 of the Merchant Shipping Act 1894[^f00024] (which relates to the detention of a ship) shall have effect in relation to the ship, subject to the modification that for the words “this Act” wherever they appear, there shall be substituted “the Merchant Shipping (Radio Installations) Regulations 1992”: provided that a ship shall not be detained in a port where repair facilities are not readily available by reason of malfunction of the equipment for providing general radiocommunications, provided the ship is capable of performing all distress and safety functions.

Prohibition on proceeding to sea without appropriate certificates

47

• (1) No United Kingdom ship, being a cargo ship to which Part II of these Regulations applies, shall proceed to sea or otherwise enter or be at sea in any sea area unless there is in force in respect of the ship an appropriate radio certificate issued under section 9 of the 1949 Act, showing that the ship complies with (or as the case may be, is exempt from) such of the requirements of the Safety Convention to which Part II of these Regulations gives effect as are applicable to a ship which goes to sea in that sea area or in that sea area and others.

• (2) No United Kingdom ship, being a cargo ship to which Part III of these Regulations applies, shall proceed to sea unless there is in force in respect of the ship an appropriate radio certificate issued under section 9 of the 1949 Act, showing that the ship complies with (or as the case may be, is exempt from) such of the requirements of the Safety Convention to which Part III of these Regulations gives effect as are applicable to the ship, having regard to the voyage on which it is about to proceed.

• (3) The Master of every United Kingdom ship, being a cargo ship to which these Regulations apply, shall produce to the officer of customs from whom a clearance is demanded for an international voyage an appropriate radio certificate; and a clearance shall not be granted, until the certificate is so produced.

• (4) In this regulation “appropriate radio certificate” means a radio certificate issued under subsection (1) of section 9 of the 1949 Act, an exemption certificate and qualified radio certificate issued under subsection (2) of that section, or an exemption certificate issued under subsection (3) of that section.

Penalties

48

• (1) If a radiotelephone operator or radio officer or a person nominated under regulation 15(7) of these Regulations contravenes any provision of these Regulations imposing a duty on him, he shall be guilty of an offence and liable on summary conviction to a fine not exceeding level 2 on the standard scale; and if any person, being the owner or Master of the ship, permits such a contravention, he shall be guilty of an offence and liable on summary conviction to a fine not exceeding the statutory maximum or, on conviction on indictment, to imprisonment for a term not exceeding 2 years and a fine.

• (2) If these Regulations are contravened in any other respect in relation to any ship, the owner and Master of the ship shall each be guilty of an offence and liable on summary conviction to a fine not exceeding the statutory maximum or, on conviction on indictment, to imprisonment for a term not exceeding 2 years and a fine.

Defence

49

It shall be a defence for a person charged under these Regulations to show that he took all reasonable precautions to avoid the commission of the offence.

Repeal

50

In subparagraph (1)(b) of section 12 of the 1949 Act the word “both”, subparagraph (ii) and the word “and” immediately preceding that subparagraph are hereby repealed.

SCHEDULE 1 — SATELLITE EPIRBS

Every satellite EPIRB provided pursuant to these Regulations shall be—

• (1) capable of transmitting a distress alert either through the polar orbiting satellite service operating in the 406 MHz band which may be the float-free satellite EPIRB carried in accordance with the Merchant Shipping (Life-Saving Appliances) (Amendment) Regulations 1991[^f00025] or, alternatively, in sea areas A1, A2 and A3 only, through the INMARSAT geostationary satellite service operating in the 1.6 GHz band;

• (2) installed in an easily accessible position;

• (3) ready to be manually released and capable of being carried by one person into a survival craft;

• (4) capable of floating free if the ship sinks and of being automatically activated when afloat; and

• (5) capable of being activated manually.

SCHEDULE 2 — EQUIPMENT TESTS AND RESERVE POWER CHECKS

1

Daily

• (a) The proper functioning of the DSC facilities shall be tested at least once each day, without radiation of signals, by use of the means provided on the equipment.

• (b) Batteries providing a source of energy for any part of the radio installations shall be tested daily and, where necessary, brought up to the fully charged condition.

2

Weekly

• (a) The proper operation of the DSC facilities shall be tested at least once a week by means of a test call, when within communication range of a coast station fitted with DSC equipment. Where a ship has been out of communication range of a coast station fitted with DSC equipment for a period of longer than one week, a test call shall be made on the first opportunity that the ship is within communication range of such a coast station.

• (b) Where the reserve source of energy is not a battery (for example, a motor generator), the reserve source of energy shall be tested weekly.

3

Monthly

• (a) Each EPIRB and satellite EPIRB shall be tested at least once a month to determine its capability to operate properly using the means provided on the device and without using the satellite system.

• (b) Each search and rescue radar transponder shall be checked at least once a month for security and signs of damage.

• (c) Each survival craft two-way VHF equipment shall be tested at least once a month on a frequency other than 156.8 MHz (VHF Channel 16).

• (d) A check shall be made at least once a month on the security and condition of all batteries providing a source of energy for any part of a radio installation. The battery connections and compartment shall also be checked.

SCHEDULE 3 — RADIO LOG

The following shall be recorded in the Radio Log as they occur, together with the time of their occurrence—

• (a) a summary of communications relating to distress, urgency and safety traffic;

• (b) a record of important incidents connected with the radio service;

• (c) where appropriate, the position of the ship at least once a day.

SCHEDULE 4 — EQUIPMENT TESTS AND BATTERY AND RESERVE POWER CHECKS

1

Daily

• (a) Every radio officer who finds any radiotelegraph auto-alarm equipment in operation when going on duty shall test the efficiency of the audible alarm system in the radiotelegraph operating room.

• (b) Every radio officer who leaves any radiotelegraph auto-alarm equipment in operation when going off duty shall test the efficiency of the audible alarm system in the radiotelegraph operating room.

• (c) The proper functioning of the radiotelegraph auto-alarm installation shall be tested at least once each day by listening to signals and comparing them with similar signals received on the radiotelegraph distress frequency on another receiver, and by operating the complete audible alarm system.

• (d) The reserve radiotelegraph transmitter, if not used for communications, shall be tested at least once each day using a suitable artificial antenna.

• (e) The radiotelephone distress frequency watch receiver shall be tested at least once each day using the means provided in accordance with regulation 30(7)(b), and by listening to signals and, where practicable, comparing them with similar signals received on the radiotelephone distress frequency on another receiver.

• (f) Batteries providing a source of energy for any part of the radio installation shall be tested daily and, where necessary, brought up to the fully charged condition.

• (g) Where the reserve source of energy is not a battery (for example, a motor generator), the reserve source of energy shall be tested daily.

2

Weekly

• (a) The reserve radiotelegraph transmitter shall be tested at least once every seven days using the main antenna and, if provided, the reserve antenna.

• (b) The radiotelegraph alarm signal keying device shall be tested at least once every seven days using a transmitter set to low power, tuned to a frequency other than the radiotelegaph distress frequency and connected to a suitable artificial antenna.

• (c) The radiotelephone alarm signal generating device shall be tested at least once every seven days using the means provided in accordance with regulation 30(7)(a).

• (d) Motor life-boat fixed radiotelegraph installations and portable radio equipment for survival craft shall be tested at least once every seven days using suitable artificial antennas.

• (e) Batteries forming part of a motor life-boat fixed radiotelegraph installation and survival craft portable radio equipment shall be tested weekly and, where appropriate, brought up to the fully charged condition. Where non-rechargeable batteries are provided in survival craft portable radio equipment as a source of energy, the expiry date of the batteries shall be checked and the batteries replaced when necessary.

• (f) Batteries forming part of a two-way radiotelephone apparatus for survival craft shall be tested weekly and, where appropriate, brought up to the fully charged condition. Where non-rechargeable batteries are provided as a source of energy the batteries shall be checked and replaced if necessary.

3

Monthly

• (a) Motor life-boat fixed radiotelegraph installations and portable radio equipment for survival craft shall be tested at least once a month using an antenna provided with the installations or equipment. In the case of motor life-boat fixed radiotelegraph installations, the test shall, where practicable, be carried out with the life-boat floating in the sea.

• (b) Batteries providing a source of energy for any part of the radio installation shall be tested at least once a month by means of a hydrometer where practicable, or where a hydrometer cannot be used, by a suitable load test. A check shall also be made of the security of the battery and its connections and the condition of the battery and its compartment.

4

Annually

SCHEDULE 5 — RADIO LOG — RADIOTELEPHONE SHIP

PART A

The radio log book, the form of which is at Part B below, is compiled in two sections which shall be completed in accordance with the following—

Section A — Particulars of the radiotelephone operators on board.

Section B — Diary of the radio service.

• (a) the name of the radiotelephone operator and the times at which the watch commences and ends;

• (b) the times at which radio watch is for any reason discontinued, together with the reason and the time at which radio watch is resumed;

• (c) a summary of communications exchanged between the ship station and coast stations or other ship stations, including the serial numbers and the dates of any messages passed;

• (d) a summary of all communications relating to distress, urgency and safety traffic;

• (e) a record of all incidents connected with the radio service, including the radiotelephone installation and the VHF radiotelephone installations, which occur during the watch and appear to be of importance to safety of life at sea;

• (f) etails of the tests and checks required by regulation 21(1);

• (g) if the ship’s rules permit, the position of the ship at least once a day.

PART B

FORM OF RADIOTELEPHONE LOG-BOOK

RADIOTELEPHONE LOG

SCHEDULE 6 — RADIO LOG — RADIOTELEGRAPH SHIP

PART A

The radio log book, the form of which is at Part B below, is compiled in two parts which shall be completed in accordance with the following—

PART I

PART II

Every radio officer shall, when keeping radio watch, enter in the radio log—

• (a) The name of the radio officer and the times at which the watch commences and ends;

• (b) the times at which radio watch is for any reason discontinued, together with the reason and the time at which radio watch is resumed;

• (c) details of the watch kept on the international radiotelegraph distress frequency during silence periods;

• (d) all communications relating to distress traffic in full;

• (e) details of urgency and safety communications;

• (df) a summary of communications exchanged between the ship station and coast stations or other ship stations, including the serial numbers and the dates of any messages passed;

• (g) a record of all incidents connected with the radio service, including the radiotelegraph installation and the VHF radiotelephone installation which may appear to be of importance to safety of life at sea;

• (h) details of the tests and checks required by regulation 21(1);

• (di) at least once a day when the station is open, a record of the time shown by the clock in each radiotelegraph room in comparison with Greenwich Mean Time and any correction made in respect of that clock. In addition the local time in use by the ship shall be recorded daily;

• (dj) if the ship’s rules permit, the position of the ship at least once a day and preferably at midday.

PART B

FORM OF RADIOTELEGRAPH LOG-BOOK

RADIOTELEGRAPH LOG

SCHEDULE 7 — ADDITIONAL KNOWLEDGE AND TRAINING REQUIREMENTS FOR RADIOTELEPHONE OPERATORS AND RADIO OFFICERS

Signed

Signed by authority of the Secretary of State for Transport

Brabazon of Tara — Minister of State, — Department of Transport — 6th January 1992

Explanatory note

(This note is not part of the Regulations)

1 These Regulations give effect to amendments to Chapter IV of the International Convention for the Safety of Life at Sea 1974 which were adopted by states party to that Convention at a Conference on the Global Maritime Distress and Safety Systems (GMDSS) on 11th November 1988.GMDSS is the International Maritime Organisation’s worldwide network of automated emergency communications for vessels at sea.

2 The amendments come into force internationally on 1st February 1992. They apply to all ships constructed after 1st February 1995 (new ships) and from 1st February 1999 to ships constructed before 1st February 1995, with some phasing in (see paragraph 5 below) during the interim period.

3 Part I of these Regulations contains definitions, application provisions, and provisions for exemptions, equivalents and performance standards.

4 Part II contains the GMDSS provisions. It requires new ships to carry new types of radio equipment including equipment for satellite communication, emergency radio beacons (EPIRBs) and other items. The carriage requirements depend on the ship’s area of operations. For this purpose the world is divided up under the GMDSS into four sea areas: area A1 which is within range of VHF coastal radio; area A2 which is within range of MF coastal radio; area A3 which is within coverage of geostationary satellites; and area A4 which covers the remainder of the world. The requirements for maintenance of the equipment carried permit some flexibility: maintenance may be achieved by duplication of equipment, by shore-based maintenance or by an at-sea maintenance capability.

5 Part III of the Regulations applies to existing ships and re-enacts the provisions of the Merchant Shipping (Radio Installations) Regulations 1980 as amended. Those re-enacted provisions will continue to apply to existing ships (ie those that were operating under the 1980 regulations) until 31st January 1999, after which date all ships will be required to comply fully with Part II. However, existing ships may at any time before that date, if their owners so choose, comply with Part II instead of Part III. Those that continue to comply with Part III are required, as part of the phasing in process referred to above, to fit certain items of equipment required under Part II, namely from 1st August 1993 with NAVTEX and satellite EPIRBs.

6 The 1980 regulations are revoked by these Regulations.

Footnotes

[^f00001]: 1979 c. 39.

[^f00002]: S.I. 1980/529.

[^f00003]: S.I. 1981/582.

[^f00004]: S.I. 1984/346.

[^f00005]: S.I. 1984/1223.

[^f00006]: S.I. 1985/1216.

[^f00007]: S.I. 1986/1075.

[^f00008]: 1949 c. 43.

[^f00009]: 1949 c. 54.

[^f00010]: Cmnd. 7874.

[^f00011]: S.I. 1982/841.

[^f00012]: S.I. 1991/1300.

[^f00013]: 1949 c. 54.

[^f00014]: S.I. 1991/1300.

[^f00015]: S.I. 1984/1216.

[^f00016]: S.I. 1984/1217.

[^f00017]: S.I. 1984/1216.

[^f00018]: S.I. 1981/569, to which there is an amendment not relevant to these Regulations.

[^f00019]: 1949 c. 54.

[^f00020]: S.I. 1981/569, to which there is an amendment not relevant to these Regulations.

[^f00021]: 1949 c. 54.

[^f00022]: 1970 c. 36.

[^f00023]: 1979 c. 39.

[^f00024]: 1894 c. 60.

[^f00025]: S.I. 1991/1300.