The Merchant Shipping (Vessel Traffic Monitoring and Reporting Requirements) Regulations 2004

Exemptions from the requirements of regulations 5 or 10

4A

• (1) The Secretary of State may exempt the owner, agent and master of a specified ship on a scheduled service from the requirements of regulation 5(2) or 10(2) in relation to a voyage that is scheduled to last up to 12 hours and is part of a scheduled service between ports within the United Kingdom.

• (2) Any such exemption has effect only if granted in writing and the person who operates the schedule service—

• (a) maintains, and keeps up to date, a list of the ships engaged on that scheduled service;

• (b) has sent that list, and details of all updates, to the MCA;

• (c) ensures that, in respect of each voyage made by a ship whilst engaged on the scheduled service, the information specified in—

• (i) regulation 5(3), or

• (ii) Annex B to MSN 1831 (M+F),

as the case may be, is kept so that it can be provided at any time by electronic means to the MCA immediately on request.

• (3) Where an exemption has been granted under paragraph (1) the master of a specified ship shall notify the port authority of destination of any deviation of 3 hours or more from the estimated time of arrival at that port, or the pilot station for that port.

• (4) Regulations 5(2) and 10(2) do not apply to the owner, agent or master of a ship engaged on an international scheduled service in respect of which there is in force an exemption granted pursuant to Article 15.2 of the Directive , reading each reference in the Article to ‘Member States’ as including the United Kingdom.

Installation of automatic identification systems on fishing vessels

8A

• (1) This regulation applies to a fishing vessel having an overall length of more than 15 metres which—

• (a) is operating in United Kingdom waters;

• (b) is landing its catch at a port situated in the United Kingdom; or

• (c) is registered in the United Kingdom.

• (2) A fishing vessel referred to in paragraph (1) shall be fitted with an automatic identification system which complies with the relevant requirements in accordance with the timetable contained in Part I of Annex II to the Directive , reading each reference in the Annex to ‘a port of a Member State of the Community’ as including a port in the United Kingdom.

Operation of automatic identification systems

Measures to be taken in the event of risks posed by the presence of ice

13A

• (1) This regulation applies whenever the MCA are of the opinion, based on information provided to them by the Meteorological Office, that the presence of ice poses a serious threat to the—

• (a) safety of human life at sea; or

• (b) protection of United Kingdom waters or the territorial sea of any ... EEA State.

• (2) The MCA shall supply to the master of every ship in United Kingdom waters or which intends to enter or leave a port in the United Kingdom appropriate information on the—

• (a) ice conditions;

• (b) recommended routes; and

• (c) ice breaking services,

within United Kingdom waters.

Measures to be taken in the event of incidents or accidents at sea

Obligations of shipowners in relation to accidents and incidents

Review

23

• (1) The Secretary of State must from time to time—

• (a) carry out a review of these Regulations,

• (b) set out the conclusions of the review in a report, and

• (c) publish the report.

• (2) In carrying out the review the Secretary of State must, so far as is reasonable, have regard to how the Directive is implemented in other member States.

• (3) The report must in particular—

• (a) set out the objectives intended to be achieved by the regulatory system established by these Regulations,

• (b) assess the extent to which those objectives are achieved, and

• (c) assess whether those objectives remain appropriate and, if so, the extent to which they could be achieved with a system that imposes less regulation.

• (4) The first report under this regulation must be published before the end of the period of five years beginning with the day on which this regulation comes into force.

• (5) Reports under this regulation are afterwards to be published at intervals not exceeding five years.