3.1 Application
3.1.1 This Code applies to small workboats that operate to sea, and to all pilot
boats, carrying cargo and / or mot more than 12 passengers or industrial personnel. It
applies to such vessels that are United Kingdom (UK) vessels wherever they may be, and
to non-United Kingdom vessels in UK waters or operating from UK ports.
3.1.2 The Code applies to all such vessels in commercial use, other than when in
use for recreational, sport or pleasure use, for which there are more appropriate codes.
Vessels need to comply with the applicable requirements of Edition 2 of this Code unless
they are existing vessels that are eligible for the Saving and Transitional Provisions
set out in Appendix 16.
3.1.3 Small workboats are vessels of less than 24 metres in Load Line length or,
in the case of a vessel the keel of which was laid or was at a similar stage of
construction before 21st July 1968, of less than 150 gross registered tons (measured in
accordance with the regulations in force at that time).
3.1.4 It is the responsibility of the owner/managing agent to ensure that a
vessel is properly maintained, examined, certified and manned in accordance with the
Code. The Code applies whether the owner/managing agent is corporate, private or of a
charitable nature.
3.1.5 At the date of application of the Code, any vessel that is in possession of
a valid Small Workboat Certificate, issued under the Codes of Practice named in sections
1.4 above, may continue to be certificated provided they comply with the standards under
which they were examined, unless specifically stated otherwise within this Code,
including at Appendix 16.
3.1.6 For a vessel that has been certificated under the Codes of Practice named
in section 1.4 above for which the certification has lapsed, or has been suspended, for
no longer than 5 years, certification may be re-issued provided it complies with the
standards under which it was originally examined. Documentary evidence of the previous
certification should be presented and any modifications during the uncertified period
should be declared. A survey will be required, the level of which will be determined by
the Certifying Authority, taking into account the condition of the vessel, and the
period for which the certification has lapsed, or has been suspended.
3.1.7 When any existing vessel has new equipment installed, or undergoes
modification, the standards of this Code relevant to the change, are to be applied as
far as is practicable.
3.1.8 A vessel certificated under sections 3.1.5 or 3.1.6 above, that changes to
a more onerous mode or category of operation, must comply with the section(s) of this
Code applicable to that change of mode or category of operation.
3.1.9 The Merchant Shipping (Small Workboats and Pilot Boats) Regulations 1998,
(SI 1998 No. 1609), as amended, under which this Code is applied, state that “any
provision of the Code which is expressed in the conditional (i.e. “should”) shall be a
requirement”. Where the phrase “less than” is used in this code, this is intended to
mean “less than but not including” and “not more than” is intended to include the number
quoted.
3.1.10 A vessel to which this Code applies, but which exceeds the
speed/displacement ratio as defined within the ‘The Merchant Shipping (High Speed Craft)
Regulations 2004, (SI 2004 No. 302), as amended, need not be considered under those High
Speed Craft Regulations, if certificated to the requirements of this Code, provided that
it carries not more than 12 passengers or industrial personnel. For the avoidance of
doubt this code is not applicable to hovercraft.
3.2 Areas of Operation
3.2.1 A vessel may be considered for the issue of a Small Workboat and Pilot Boat
Certificate allowing it to operate in one of the following areas:
-
Area Category 6 - within 3 miles of land and not more than 3 miles radius from
either the point of departure to sea or the seaward boundary of protected waters
(see definition of “protected waters”), in favourable weather and daylight;
-
Area Category 5 - within 3 miles of land and not more than 3 miles radius from
either the point of departure to sea or the seaward boundary of protected waters
(see definition of “protected waters”) in favourable weather;
-
Area Category 4 - Up to 20 miles from a safe haven, in favourable weather and in
daylight;
-
Area Category 3 - Up to 20 miles from a safe haven;
-
Area Category 2 - Up to 60 miles from a safe haven;
-
Area Category 1 - Up to 150 miles from a safe haven;
-
Area Category 0 – Unrestricted service.
3.2.2 Depending on the nature of the vessel and its use, a vessel may be
restricted to less than the above specified limits. Such a restriction should be
recorded on the Small Work Boat Certificate for the vessel and should be limited to
operations within Area Categories 3, 4, 5 and 6 only.
3.2.3 A pilot boat should have a valid Pilot Boat Certificate (or Pilot Boat
Endorsement of a valid Small Workboat Certificate) allowing it to operate in the area(s)
in which it provides a pilotage service, including areas which are not to sea.
3.3 Certification
3.3.1 To be issued with a certificate for a particular area of operation, a
vessel must comply with all of the requirements of the Code for that operating area to
the satisfaction of the Certifying Authority.
3.3.2 A certificate is to be valid for not more than five years.
3.4 Water Based Commercial Activities
3.4.1 The Code deals with safety of the vessel and its occupants but the
commercial activities other than normal seamanship duties are not considered under the
Code e.g. commercial diving.
3.5 Interpretation
3.5.1 Where a question of application of the Code, or an interpretation of a part
of the Code arises, the owner/managing agent of the vessel concerned should in the first
instance seek clarification from the Certifying Authority. In situations where it is not
possible to resolve an issue of interpretation a decision may be obtained on written
application to the Vessel Standards Branch of the MCA, who may consult with others as
deemed appropriate.
3.6 Certifying Authorities
3.6.1 The MCA is itself an active Certifying Authority. However, other
organisations which are so authorised by the MCA may appoint persons for the purpose of
examining vessels, and may issue certificates.
3.7 Updating of the Code
3.7.1 In addition to the guidance on application and interpretation in section
3.5, the Code requirements will be regularly reviewed by an Industry Working Group,
comprising representatives from the organisations listed in section 1 and any other
members as necessary. Amendments will be promulgated and a formal review of the Code
will be conducted at suitable intervals dependant on necessity.
3.7.2 When new standards are developed and finalised by the British Standards
Institution (BSI), European Committee for Standardization (CEN), International Maritime
Organization (IMO), International Organization for Standardization (ISO) or any other
international body, which impact upon the requirements of the Code, amendment of the
Code may be considered immediately. In the interim period, draft standards may be
applied where the MCA have accepted them as an equivalent standard.
3.7.3 The enabling regulations provide for, from time to time, any document
amending the Code which is considered relevant to be specified by the Secretary of State
in a Merchant Shipping Notice.
3.8 Vessels Operating in Protected Waters and/or a Restricted Service - Alternative
Safety Standards
3.8.1 When the owner/managing agent of a vessel which operates in protected
waters and/or a restricted service (according to 3.2.2) considers that full application
of the Code would be inappropriate because other safety provisions have been made, the
owner/managing agent may request the Vessel Standards Branch of the MCA, via the
Certifying Authority, to consider certification of the vessel in compliance with
alternative safety standards. See also Appendix 4.
3.9 Equivalent Standards
3.9.1 When the Code requires that a particular piece of equipment or machinery
should be provided or carried in a vessel or that any particular provision should be
made, to a specified standard, the Administration may permit any other piece of
equipment or machinery to be provided or carried, or any other provision to be made,
provided the Administration is satisfied by trials or otherwise that the alternative is
at least as effective as that required by the Code.
3.9.2 Where an owner or managing agent wishes to use an equivalent means of
compliance to the Code, that should be applied for formally to the Administration, via
the Certifying Authority, using the appropriate documentation. All equivalencies that
have been agreed by the Administration should be recorded on the SWB2 form, and copy of
the agreement should be kept by the Certifying Authority on the vessel file.
3.10 Carriage of Additional Equipment
3.10.1 Equipment on board which is expected to be relied on in
situations affecting safety or pollution prevention must be in an operational condition.
If such equipment is inoperative and is in excess of the equipment required by this Code
it should either be repaired, removed or if removal is not practicable, clearly marked
as inoperative and securedfootnote.
3.11 Risk Assessment of Operations
3.11.1 While every effort has been made to ensure this Code is suitable for
generic work boats / pilot boats operating, there may be local conditions or
circumstances or equipment not taken into account within the Code which require
additional measures to be put in place to mitigate known risks. Prior to plan approval
taking place, a risk assessment shall be carried out by the owner / managing agent to
ensure that any circumstances, local conditions or equipment not covered by the
provisions of the Code are adequately considered and all known risks are mitigated. This
should be presented to the Certifying Authority(s) conducting the examinations prior to
plan approval so that they too may take account of the risks identified.
3.11.2 If a workboat / pilot boat is moved from one area of operation to another
area, is converted for a change in operational use, or has an additional piece of
equipment fitted, a new risk assessment required by 3.11.1 should be conducted. Such a
risk assessment should include the assessment of any previously accepted equivalent
arrangements to ensure that they will continue to provide an equivalent level of safety
in the new circumstance.