Legalize / United Kingdom / Statutory-Instrument

The Merchant Shipping (Radio Installations) Regulations 1998

Type Statutory-Instrument

Publication 1998-08-20

State In force

Department King's Printer of Acts of Parliament

Source legislation.gov.uk

Reform history JSON API PDF

Made: 20th August 1998

Laid before Parliament: 28th August 1998

Coming into force: 28th September 1998

The Secretary of State for the Environment, Transport and the Regions, after consulting the persons referred to in section 86(4) of the Merchant Shipping Act 1995[^f00001], in exercise of the powers conferred by sections 85(1)(a) and (b), (3) (5) to (7) and 86(1) of that Act[^f00002] and of all other powers enabling him in that behalf, hereby makes the following Regulations:

PART I — GENERAL

Citation, commencement and revocation

1

(1) These Regulations may be cited as the Merchant Shipping (Radio Installations) Regulations 1998 and shall come into force on 28th September 1998.

(2) The Merchant Shipping (Radio Installations) Regulations 1992[^f00003] are hereby revoked.

Interpretation

2

In these Regulations—

“cargo ship” means a ship other than a passenger ship;

“category A, B, C and D waters” means the waters specified as such in Merchant Shipping Notice (MSN) 1837(M) Amendment 2;

“EEA State” has the meaning given by Schedule 1 to the Interpretation Act 1978;

“fishing vessel” means a ship used for catching fish, whales, seals, walrus or other living resources of the sea;

“general radiotelecommunications” means operational and public correspondence traffic, other than distress, urgency and safety messages, conducted by radio;

“gross tonnage” means gross tonnage as determined in accordance with regulation 6 or 12(1) of the Merchant Shipping (Tonnage) Regulations 1997;

“GMDSS” means the Global Maritime Distress and Safety System;

“GMDSS ship” means a ship to which Part II of these Regulations applies;

“interference” has the same meaning as in the Wireless Telegraphy Act 2006;

“international voyage” means a voyage between—a port in the United Kingdom and a port outside the United Kingdom; ora port in a country other than the United Kingdom and a port in any other country or territory which is outside the United Kingdom;

“Merchant Shipping Notice” means a notice described as such and issued by the Maritime and Coastguard Agency (an executive agency of the Department for Transport) and includes a reference to any document amending or replacing that notice which is considered by the Secretary of State to be relevant from time to time and is specified in a Merchant Shipping Notice;

“non-United Kingdom ship” means any ship other than a United Kingdom ship;

“passenger” is a person other than—the master and the members of the crew or other persons employed or engaged in any capacity on board a ship on the business of that ship; anda child under one year of age;

“passenger ship” means a ship certified to carry more than 12 passengers;

“pleasure vessel” means—any vessel which at the time it is being used is—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; orin the case of a vessel owned by a body corporate, used only for sport or pleasure and on which the persons are employees or officers of the body corporate, or their immediate family or friends; andon 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; orany 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 or friends; andin 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.

Application

3

(1) Subject to paragraph (2), these Regulations apply to—

(a) United Kingdom ships, wherever they may be; or

(b) non-United Kingdom ships in United Kingdom waters.

(2) These Regulations do not apply to—

(a) ships of war and naval auxiliaries;

(b) ships owned or operated by a state and engaged only on governmental non-commercial service;

(d) ships operating only in category A, B, C and D waters;

(e) ships not propelled by mechanical means;

(f) cargo ships of less than 300 gross tonnage;

(g) pleasure vessels;

(h) fishing vessels;

(ha) remotely operated unmanned vessels;

(i) ships to which the Merchant Shipping (Radiocommunications) (Amendment) Regulations 2021 apply;

(j) ships to which the Merchant Shipping (Passenger Ships on Domestic Voyages) Regulations 2000 apply;

(k) ships to which the Merchant Shipping (High Speed Craft) Regulations 2022 apply; and

(l) ships while being navigated within the Great Lakes of North America and their connecting and tributary waters as far east as the lower exit of St. Lambert Lock in Montreal in the Province of Quebec, Canada.

Ships and persons in distress

4

Nothing in these Regulations shall prohibit any ship, survival craft or person in distress from using any means at their disposal to attract attention, make known their position or obtain help.

Equivalents and exemptions

5

(1) Where these Regulations require that a particular fitting, material, appliance or apparatus, or type thereof, shall be fitted or carried in a ship, or that any particular provision shall be made, the Secretary of state may permit any other fitting, material, appliance or apparatus or type thereof to be fitted or carried, or any other provision to be made in that ship if he is satisfied by trial thereof or otherwise that such other fitting, material, appliance or apparatus, or type thereof, or provision, is at least as effective as that required by these Regulations.

(2) For the purpose of these Regulations, the results of verifications and tests carried out by bodies and laboratories offering suitable and satisfactory guarantees of technical and professional competence shall be accepted.

(3) Where paragraph (4) applies, the Secretary of State may grant an exemption from the requirements of these Regulations in respect of a ship provided the functional requirements in paragraph 2 of Merchant Shipping Notice 1903 (M) are satisfied in respect of that ship.

(4) This paragraph applies—

(a) if the conditions in respect of that ship affecting safety are such as to render the full application of the requirements in regulation 8 unreasonable; or

(b) in exceptional circumstances in respect of a single voyage in relation to which the ship is not equipped.

(5) Where paragraph (4) does not apply, the Secretary of State may, in exceptional circumstances, grant an exemption from any provision of these Regulations a ship or class of ship if satisfied that compliance with such provision is either impracticable or unreasonable in the case of that ship or class of ship.

(6) An exemption granted under paragraph (3) or (5) may—

(a) be granted subject to such safety requirements as the Secretary of State thinks fit to ensure the overall safety of the ship; and

(b) on the giving of reasonable notice, be altered or cancelled.

(7) An exemption granted under paragraph (3) or (5), or an alteration or cancellation under paragraph (6)(b), must—

(a) be in writing;

(b) specify the date on which it takes effect; and

(8) The requirement that an exemption granted under paragraph (3) or (5), or an alteration or cancellation under paragraph (6)(b), be in writing is satisfied where the text of the exemption, alteration or cancellation is—

(a) transmitted by electronic means;

(b) received in legible form; and

(9) Where an exemption granted under paragraph (3) or (5) is granted subject to safety requirements under paragraph (6)(a), the exemption ceases to have effect if those requirements are not complied with.

Performance standards

6

(1) Subject to paragraph (4) below, equipment required to be provided under these Regulations shall—

(a) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(b) subject to paragraph (2) below, be of a type approved by the Secretary of State; and

...

(2) In respect of a ship registered in a State party to the Safety Convention, sub-paragraph (b) above shall not apply to equipment of a type approved by the Administration of that State.

(3) Any approval given pursuant to this regulation shall be given in writing and shall specify the date on which it takes effect and the conditions (if any) on which it is given.

(4) Equipment required to be provided under these Regulations to which the Merchant Shipping (Marine Equipment) Regulations 2025 apply shall comply with the requirements of those Regulations.

PART II — GMDSS SHIP REQUIREMENTS

Interpretation of Part II

7

In this Part—

“Admiralty List of Radio Signals” means the document so entitled published by the Hydrographer of the Navy and any subsequent List containing the like information which the Hydrographer of the Navy considers relevant from time to time which replaces the Admiralty List of Radio Signals or replaces any subsequent List containing the like information; and a reference to any such List includes a reference to any Admiralty Notice to Mariners amending the same which the Hydrographer of the Navy considers relevant from time to time;

“area A1 ship” means a ship which goes to sea in sea area A1 only;

“area A2 ship” means a ship which goes to sea in sea area A2 only, or in sea areas A1 and A2;

“area A3 ship” means a ship which goes to sea in sea area A3 only, or in sea area A3 and also in sea area A1 or A2 or both those sea areas;

“area A4 ship” means a ship which goes to sea in sea area A4 only, or in sea area A4 and also in one or more of sea areas A1, A2 and A3;

“bridge-to-bridge communications” means safety communications between ships from the position from which the ships are normally navigated;

“conning position” means the place on the bridge with a commanding view of the ship and its position used by navigators when commanding, manoeuvring and controlling the ship;

“continuous watch” means a radio watch which is not interrupted other than for brief intervals when the ship’s receiving capability is impaired or blocked by its own communications or when the facilities are under periodical maintenance or checks;

“direct-printing telegraphy” means an automated telegraphy technique which complies with the relevant recommendations specified in a Merchant Shipping Notice;

“DSC” means Digital Selective Calling being a technique using digital codes which enables a radio station to establish contact with, and transfer information to, another station or group of stations, and complying with the relevant recommendations as specified in Section 5 of Annex 1 to Merchant Shipping Notice 1874 (M+F) Amendment 4;

“EPIRB” means an emergency position indicating radio beacon capable of transmitting a distress alert through the COSPAS/SARSAT polar orbiting satellite service operating in the 406 MHZ band;

“GMDSS general operator’s certificate” and “GMDSS restricted operator’s certificate” mean the certificates respectively so called in the Radio Regulations, issued in accordance with those Regulations, and in relation to a United Kingdom ship, associated with an authority from the Secretary of State issued under Part 2 of the Wireless Telegraphy Act 2006;

“HF” means the frequency spectrum between 3000 kHz and 30 Mhz;

“International NAVTEX service” means the co-ordinated broadcast and automatic reception on 518 kHz of maritime safety information by means of narrow-band direct-printing telegraphy using the English language;

“locating” means the finding of ships, aircraft, units or persons in distress;

“maritme safety information” means navigational and meteorological warnings, meteorological forecasts and other urgent safety related messages broadcast to ships;

“mobile-satellite service” means a radiocommunication service between—mobile earth stations and one or more space stations, or between space stations used by this service; ormobile earth stations by means of one or more space stations,and this service may also include feeder links necessary for its operation;

“MF” means the frequency spectrum between 300 kHz and 3000 kHz;

“pola orbiting satellite service” means a service which is based on polar orbiting satellites which receive and relay distress alerts from satellite EPIRBS and which provides their position;

“radio communication” means telecommunication by means of radio waves;

“radio communications service” means a service as defined in the Radio Regulations involving the transmission, emission and/or reception of radio waves for specific telecommunication purposes;

“radio log” means the record required to be kept by regulation 20;

“recognised mobile satellite service” means any service which operates through a satellite system and is recognized by the International Maritime Organization, for use in the GMDSS;

“satellite EPIRB” means an EPIRB which is in the mobile-satellite service;

“sea area A1” means an area specified as sea area A1 in the Admiralty List of Radio Signals;

“sea area A2” means an area specified as sea area A2 in the Admiralty List of Radio Signals;

“sea area A3” means an area, excluding sea areas A1 and A2, within the coverage of an INMARSAT geostationary satellite in which continuous alerting is available;

“sea area A4” means any area of the sea which is not sea area A1, A2 or A3;

“service” means, in relation to a reference to any particular type of radio service, a reference to that service as defined in the Radio Regulations;

“ship earth station” means a mobile earth station in the maritime mobile-satellite service located on board ship;

“ship station” means a mobile station in the maritime mobile-satellite service located on board a vessel which is not permanently moored, other than a survival craft station;

“survival craft station” means a mobile station in the maritime mobile-satellite service intended solely for survival purposes and located on any lifeboat, life-raft or other survival equipment;

Functional Requirements

8

A ship must comply with each requirement applicable to that ship prescribed by Merchant Shipping Notice 1903 (M).

Installation, location and control of radio equipment

9

(1) Every radio installation shall—

(a) be so located that no harmful interference of mechanical, electrical or other origin affects its proper use, and so as to ensure electromagnetic compatibility and avoidance of harmful interaction with other equipment and systems;

(b) be so located as to ensure the greatest possible degree of safety and operational availability;

(d) be provided with reliable, permanently arranged electrical lighting, independent of the main and emergency sources of electrical power, for the adequate illumination of the radio controls for operating the radio installation; and

(e) be clearly marked with the call sign, the ship station identity and other codes as applicable for the use of the radio installation.

(2) Control of the VHF radiotelephone channels shall be immediately available on the navigating bridge convenient to the position from which the ship is normally navigated; where appropriate, facilities shall be available to permit radiocommunications from the wings of the navigating bridge; portable VHF equipment may be used to meet the latter provision.

(3) Each radio transmitter and receiver fitted in accordance with these Regulations shall be provided with a suitable antenna or antennas. The antennas shall be so constructed and sited as to enable each transmitter and receiver to perform its intended communication function effectively.

Installation of a distress panel

10

(1) In every passenger ship to which this regulation applies a distress panel shall be installed at the conning position.

(2) A distress panel shall—

(a) contain either—

(i) a single button for all radio communication installations on board; or

(ii) a separate button for each radio communication installation on board,

which, when pressed, initiates a distress alert using all radio communication installations required on board for that purpose;

(b) clearly and visually indicate whenever any such button or buttons mentioned in sub-paragraph (a) above have been pressed; and

(c) provide visual and aural indication of any distress alert or alerts received on board and indicate through which radio communication service the distress alert or alerts have been received.

(3) Means shall be provided to prevent inadvertent activation of the button or buttons on the distress panel.

(4) If the satellite EPIRB is used as the secondary means of initiating a distress alert pursuant to these Regulations and is not capable of being remotely activated, an additional EPIRB shall be installed in the wheelhouse near the conning position.

(5) Information on the ship’s position shall be continuously and automatically provided to all relevant radio communication equipment included in the initial distress alert when the button or buttons on the distress panel is pressed.

Radio equipment to be provided for all sea areas

11

Reading this document does not replace reading the official text published on legislation.gov.uk. Contains public sector information licensed under the Open Government Licence v3.0. We assume no responsibility for any inaccuracies arising from the conversion of the original CLML XML to this format.