1 Foreword

 1.1 This Code applies to small workboats that operate to sea, and to pilot boats of any size operating either at sea or in categorised (i.e. inland) waters. 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.

1.2 The Code applies to such vessels in commercial use, other than when in use for recreational, sport or pleasure use, for which there are more appropriate codes.

1.3 The Code is enabled and underpinned through Statutory Instrument by Regulation 3(1) of the Merchant Shipping (Small Workboats and Pilot Boats) Regulations 1998, SI 1998 No. 1609, as amended (“the enabling Regulations”). It is therefore applied as an equivalent standard to full compliance with Merchant Shipping regulations covering Load Line and other safety and operational matters, and operators have the right to comply – in full – with those other standards instead of this Code. However the National Workboat Association and other representatives on the Industry Working Group that developed this Code consider that it will be easier to apply and understand a Code of Practice than the many separate regulations that would otherwise have to be consulted and complied with. Vessels that comply with the Code may additionally be issued with a UK Load Line Certificate.

1.4 This second edition of the Code amends the original Code, “The Safety of Small Workboats and Pilot Boats – A Code of Practice” introduced in 1998, and applies to small workboats and pilot boats, the keels of which are laid, or are at a similar stage of construction, on or after 31 December 2018. This is defined in the Merchant Shipping Notice issued in accordance with the regulation 3(1) of the enabling regulations. From that date, this code supersedes the original Code, and also the use of Marine Guidance Note MGN 280(M)^footnote “Small Commercial Vessels and Pilot Boat Code of Practice” for small workboats and pilot boats and the Workboat Code Industry Working Group Technical Standard published in June 2014.

1.5 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 21^st July 1968, of less than 150 gross registered tons (measured in accordance with the regulations in force at that time).

1.6 The Code applies to vessel carrying their crew and not more than an aggregate 12 passengers and industrial personnel. Such ships are treated, by both UK and international law, as a type of cargo ship and the level of safety and protection for those on board – particularly passengers and trainees – is considered to be commensurate with the current expectations of the general public for such vessels. It should be noted, however, that the class of vessel – i.e. passenger or non-passenger – depends very much on the terms on which those persons forming the crew have been engaged and the duties they are performing.

1.7 Compliance with the Code in no way obviates the need for vessels and/or Masters 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.

1.8 The code can be applied to any small vessel that comes within the limits of paragraphs 1.1 and 1.2. Section 25 provides specific requirements for particular uses.

1.8.1 Seagoing police boats should be surveyed and certificated in accordance with the "Police Boat Codes, Amendment 3 (PBC 3)", the MCA’s Marine Guidance Note MGN518(M)^footnote refers.

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

1.8.3 Independent rescue boats, when engaged in commercial use, may use the Rescue Boat Code instead of this Code, in accordance with the MCA’s Marine Guidance Note MGN 466(M)^footnote.

1.8.4 The Code can also be used for barges, pontoons, and similar small vessels when under tow, as specified in section 25.

1.8.5 Vessels where bulk cargo^footnote is loaded into and carried in the vessels hold or tanks are considered to be small tankers or bulk carriers and shall not be certified under the provisions of this Code.

1.9 The following organisations participated in the Industry Working Group that drafted this Code, under the co-ordination of the UK National Workboat Association:

1.10 This Code aims to provide, in a single document, all the information needed for the design, construction, engineering, electrical systems, hull systems, fire protection, and provision of fire-fighting, life-saving, navigation and radio equipment. It also deals with the equally important subject of manning and of the qualifications needed for the senior members of the crew.

1.11 In addition, designers, builders, owners and repairers of vessels, as appropriate, will need to pay special regard to the intended area of operation and the weather and working conditions to which a vessel will be subjected when developing the design and selecting the materials and equipment to be used in its construction and maintenance.

1.12 In accordance with Directive 1998/34/EC laying down a procedure for the provision of information in the field of technical standards and regulations, 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 any European Economic Area (EEA) State; or

  2) any relevant international standard recognised for use in any EEA State; or

  3) any relevant technical regulation with mandatory or de facto mandatory application for marketing or use in any EEA State

  in so far as the standard, code of practice, technical regulation or process in question enables the requirements for safety and fitness for purpose of this Code to be met in an equivalent manner.

1.13 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, owners/managing agents of a vessel are encouraged to take out a policy of insurance for all persons who are part of the vessel’s complement. It is advised such insurance provide cover against any foreseeable claims that may arise. It is advised that, if a policy of insurance is in force, a copy of the Certificate of Insurance be either displayed or available for inspection by persons on board the vessel.

1.14 It should 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.

1.15 This Code may be applied voluntarily by operators of non-UK vessels based abroad. Such vessels may be issued with documents indicating compliance with the standards of the Code, but cannot have UK certificates.

1.16 How to Use This Code

1.17 The Code consolidates all applicable requirements into a single document. Some of these requirements are made mandatory by the Merchant Shipping (Small Workboat and Pilot Boat) Regulations 1998 (SI 1998 No.1609). Other requirements are given legal effect by other legislation. A list of regulations that were considered to be applicable to Workboats at the time of the drafting of this revised Code are provided in Appendix 14.

1.18 This Code also provides information on many of those requirements that are applied by those other regulations, in order to provide a comprehensive single reference point, but this information may not be definitive. This information is provided in italics. The owner, manager, operator or Master may need to consult those regulations and the associated guidance to ensure they are compliant. This Code does not provide information on Statutory Instruments coming into force after the date of its publication which are required to be complied with. Statutory Instruments, Merchant Shipping Notices, Marine Guidance Notes and Marine Information Notes can be found on the MCA website.

1.19 The safety requirements which are made mandatory by the enabling regulations are those contained in the following sections (and their associated Appendices):

• 2. Definitions

  3. Application and Interpretation

  4. Construction and Structural Strength

  5. Weathertight Integrity

  6 Water Freeing Arrangements

  7. Machinery

  8. Electrical arrangements

  9. Steering Gear, Rudder and Propulsion systems

  10. Bilge pumping

  11 Intact Stability

  12. Freeboard and Freeboard Marking

  13. Life Saving Appliances (except 13.6.3, 13.17)

  14. Fire Safety

  15. Fire Appliances

  16. Radio Communications Equipment (except 16.9 and 16.11.1)

  18. Navigational Equipment

  19. Miscellaneous Equipment (except 19.1.3)

  20. Anchors and Cables

  21, 21A, 21B Accommodation and Recreational Facilities

  22.2, 22.4 Protection of Personnel

  24 Tenders and Daughter Craft

  25 Requirements Specific to the Use of the Vessel (except for 25.2.2, 25.2.3, 25.2.4, 25.4.1.3 – 25.4.1.4, 25.4.1.6 – 25.4.1.7, 25.4.1.10, 25.4.2.1, 25.4.2.4 – 25.4.2.6, 25.4.2.9, 25.9.8)

  26.1 - 26.10, 26.13 Manning

  27 Procedures, Certification, Examination, Maintenance and Reporting of Accidents

  30 Safety Management

1.20 The following sections (which are highlighted by italic text in the code) are made mandatory by other Statutory Instruments. This Code does not amend the detail of that legislation, it is included within the Code to allow all applicable requirements to be identified in a single comprehensive document:

• 13.6.3, 13.17 Life-Saving Appliances

  16.9, 16.11.1 Radio Communications Equipment

  17 Navigation Lights, Shapes and Sound Signals

  19.1.3 Miscellaneous Equipment

  22.1, 22.3 Protection of Personnel

  23 Medical Care

  25.2.2 – 25.2.4, 25.4.1.3 – 25.4.1.4, 25.4.1.6 – 25.4.1.7, 25.4.1.10, 25.4.2.1, 25.4.2.4 – 25.4.2.6, 25.4.2.9, 25.9.8

  Requirements specific to the Use of the Vessel

  26.11, 26.12, 26.14 - 26.21 Manning

  28 Prevention of Pollution

  29 Carriage and Transfer of Cargoes, including Dangerous Goods

1.21 Authorisation of Survey and Certification to Certifying Authorities

1.22 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 authorised 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, as well as being an active Certifying Authority itself.

1.23 The authorisation 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. Authorised Certifying Authorities are permitted to charge for undertaking Code of Practice examination and certification processes as a provision of their authorisation. Arrangements for charges will be made directly between the CA (or a CA's authorised person) and the party requesting such services.

1.24 Health and Safety Regulations

1.25 The owner/Master of a vessel is responsible for the health and safety of workers and others on the vessel. The Merchant Shipping and Fishing Vessel (Health and Safety at Work) Regulations (SI 1997 No. 2962) apply when persons are employed on board, see section 22 of this Code.

1.26 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.