Chapter 1 - Application and Interpretation
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Statutory Documents - MCA Publications - Yacht Code - January 2019 Edition - Part B - Passenger Yacht Code (up to 36 passengers) - Chapter 1 - Application and Interpretation

Chapter 1 - Application and Interpretation

1.1 Purpose

(1) The purpose of Part B of the Red Ensign Group Yacht Code (“the Code”), is to provide design criteria, construction standards and other safety measures for yachts carrying no more than 36 passengers so as to minimise the risk to such yachts, persons onboard and the environment. The criteria are largely aligned to the Conventions and Instruments referred to in the preamble to the Code, but have been modified to create an equivalence where deemed appropriate to ensure their suitability for application to yachts.

1.2 Application

(1) This Code applies only to pleasure yachts engaged on international voyages whilst carrying more than 12 but not more than 36 passengers with a maximum number of persons not more than 200 and which do not carry cargo.

(2) Subject to 1.7(1), existing vessels may alternately elect to apply for certification in accordance with the Code, and the Code shall apply to such vessels in the same way as it applies to new vessels.

(3) Subject to Section (4), all ships which undergo repairs, alterations, modifications and outfitting related thereto shall continue to comply with as a minimum the requirements previously applicable to these ships.

(4) Any ship, whenever built, which is converted to a passenger yacht, shall be treated as a new passenger yacht constructed on the date on which such conversion, repairs, alterations or modifications commenced.

(5) Those areas of a yacht that undergo repair, alteration or modification which substantially alter the dimensions of the yacht, or substantially increase its service life, shall be treated as a new vessel constructed on the date on which such alterations or modifications commenced. The replacement, addition and / or modification of propulsion and auxiliary machinery is to comply with the applicable requirements of MARPOL Annex VI. Where a change in vessel particulars reaches a new regulatory threshold (i.e. 500GT, >85m Loadline Length etc) compliance with the relevant provisions applicable to a new vessel of that size is required. Detailed proposals regarding any such alternations or modifications shall be submitted to the Administration for the purpose of review and comment at the earliest possible opportunity.

(6) In the case of an existing vessel which does not comply fully with the Code safety standards but for which the Code standards are reasonable and practicable, the Administration shall give consideration to a proposal from the Company to phase in requirements within an agreed time scale not exceeding 18 months.

(7) The table in Annex 1 sets out the general relationships between the type of pleasure yacht, its area of operation and the applicable standards with respect to Life Saving Appliances and stability.

1.3 Review of the Code

(1) The content of the Code shall be reviewed by the REG annually to ascertain if amendments to it are required.

1.4 Amendments to International Conventions and related Instruments

(1) Where the relevant provisions of SOLAS or ILLC apply in part but some provisions have been modified then the text of all of that Part of the Convention has been incorporated into the body text of the Code for consistency and ease of reference. To readily determine what is “new” drafting and what, in essence, are unmodified Convention provisions, then in the body text of the Code-

  • (a) modified or alternative provisions are shown, in italics; and

  • (b) unchanged Convention provisions are shown in plain text.

(2) The wording of some of the unchanged Convention provisions has been adjusted, but the actual provisions remain unchanged and so the body text is in plain text.

1.5 International Conventions and related Instruments

(1) Where the Code requires a yacht to comply with any of the provisions of an International Convention (or other related instrument), and the applied requirements are separated into different vessel types, a yacht shall comply with the applied requirements of the Convention that apply to a passenger ship. This is subject to any express provision to the contrary in the Code.

1.6 Area of Operation

(1) In general, requirements given within the Code are based on unrestricted geographical operation outside Polar Regions, however, where considered appropriate, standards for vessels operating as PY-1 or PY-2 have been included.

(2) Yachts which intend to operate in Polar Regions shall meet requirements of the Code, The IMO Polar Code (see Annex L) and those of a Recognised Organisation appropriate to the intended area of operation.

1.7 Editions of the Code

(1) Vessels, the keels of which were laid or were at a similar stage of construction before the 1st January 2019 and which have and have been or are currently under survey to earlier Editions of the Passenger Yacht Code, shall continue to be considered under the standards in force at the time of initial survey with the exception of the following which shall comply with this edition of the Code by the first annual survey after 1st January 2019:

  • (a) Section 6.12 for Emergency training & drills;

  • (b) Section 7.17 for Emergency training & drills;

  • (c) Chapter 8 for Radiocommunications, safety of navigation, international safety management and maritime security;

  • (d) Chapter 9 for Accommodation and recreational facilities;

  • (e) Chapter 10 for Requirements for vessels carrying more than 120 persons;

  • (f) Chapter 12 for protection of personnel;

  • (g) Chapter 13 for Ship-shore transfer of personnel;

  • (h) Chapter 14 for Manning, certification and hours of work;

  • (i) Chapter 16 for Operational readiness, maintenance and inspections;

  • (j) Chapter 17 for Medical care and carriage of medical stores;

  • (k) Chapter 18 for Application of International Conventions and national legislation;

  • (l) Chapter 19 for List of certificates to be issued;

  • (m) Chapter 20 for Survey, certification and accident investigation; and

  • (n) Common Annex B (Over-Side Working Systems) 􀂱 B6 􀂱 Non-compliant and pre-existing systems.

(2) Vessels referred to in 1.7 (1) shall also comply with the requirements of Chapter 28 / Common Annex K, Section K3 (4) and / or (5) as applicable by the first Annual Survey after TBC

(3) Vessels, the keels of which were laid or were at a similar stage of construction on or after the 1st January 2019, shall comply with this edition of the code in its entirety.

1.8 Interpretation

(1) Where a question of interpretation of any part of this Code arises, which cannot be resolved by a delegated authority and the Company for a vessel, a decision on the interpretation may be obtained on written application to the Administration.

1.9 Equivalent Arrangements

(2) Proposals for the application of alternative standards considered to be at least equivalent to the requirements of the Code shall be submitted to the Administration for approval. Deviations from the requirements of the Code may be considered by the Administration, provided that the equivalence:

  • (a) is based on the underlying Convention requirements;

  • (b) incorporates increased requirements to balance deficiencies and thereby provide an equivalent level of safety to the chapter concerned;

  • (c) meets the intent of the requirements concerned and the objectives of the chapter;

  • (d) incorporates any specific requirements in the chapter’s ‘Additional Equivalence Considerations’ section; and

  • (e) where necessary;

    • (i) has successfully undergone testing to the satisfaction of the Administration; or

    • (ii) has successfully undergone, an engineering analysis, evaluation and approval by the Administration.

1.10 Alternative Design and Arrangements

(1) Purpose

  • (a) The purpose of this Section is to provide a methodology for alternative design and arrangements which are limited by the extent to which International Conventions allow. Only chapters containing provisions for Alternative Design and Arrangements may utilise such provisions outlined in this section.

(2) General

  • (a) Design and arrangements may deviate from the requirements of Part B, provided that the alternative design and arrangements meet the intent of the requirements concerned, the chapter’s objectives and functional requirements where provided, and provide an equivalent level of safety to the chapter concerned. Alternative design and arrangements shall be based on the underlying Convention requirements.

  • (b) When alternative design or arrangements deviate from the prescriptive requirements of Part B, an engineering analysis, evaluation and approval of the design and arrangements shall be carried out in accordance with this Section.

(3) Engineering analysis

  • (a) The engineering analysis shall be prepared and submitted to the Administration, based on the guidelinesfootnote and shall include, as a minimum, the elements listed under ‘Engineering Analysis Elements’ in the relevant chapter.

(4) Evaluation of the alternative design and arrangements

  • (a) The engineering analysis required in Section (3) shall be evaluated and approved by the Administration, taking into account the guidelinesfootnote

  • (b) A copy of the documentation, as approved by the Administration, indicating that the alternative design and arrangements comply with this regulation, shall be carried onboard the ship.

(5) Exchange of information

  • (a) The Administration shall communicate to the IMO pertinent information concerning alternative design and arrangements approved by them for circulation to all Contracting Governments.

(6) Re-evaluation due to change of conditions

  • (a) If the assumptions and operational restrictions that were stipulated in the alternative design and arrangements are changed, the engineering analysis shall be carried out under the changed condition and shall be approved by the Administration.

1.11 Exemptions

(1) Exemptions shall be granted only by the Administration.

(2) Applications for exemption shall be made to the Administration and be supported by justification for the exemption.

(3) The granting of exemptions shall be limited by the extent to which International Conventions allow and shall be regarded as exceptional.

Parent topic: Part B - Passenger Yacht Code (up to 36 passengers)
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