Chapter 1 - Application and Interpretation
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Statutory Documents - MCA Publications - Yacht Code - January 2019 Edition - Part A - Large Yacht Code (up to 12 passengers) - Chapter 1 - Application and Interpretation

Chapter 1 - Application and Interpretation

1.1 Purpose

(1) The purpose of Part A 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 12 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) The Code applies to motor or sailing vessels of 24 metres in load line length and over or, if built before 21 July 1968, is of 150GTfootnote or over and which, at the time, is in commercial use for sport or pleasure and carries no cargo and no more than 12 passengers. Sail training vessels are included in this application.

(2) Subject to 1.6, 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 yacht, shall be treated as a new vessel constructed on the date on which such conversion, repairs, alterations or modifications commenced. Detailed proposals regarding any such conversions shall be submitted to the Administration for the purpose of review and comment at the earliest possible opportunity.

(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) The Administration may establish alternative standards for yachts operating under World Sailing (previously ISAF) or Union Internationale Motonautique (UIM) racing rules.

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 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 cargo ship. This is subject to any express provision to the contrary in the Code.

1.5 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 Short Range Yachts 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.

1.6 Editions of the Code

(1) 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 may give due consideration to a proposal from the Company to phase in requirements within an agreed time scale not exceeding 18 months.

(2) Vessels, the keels of which were laid or were at a similar stage of construction before the 1st January 2019 and which have been or are currently under survey to LY1, LY2 or LY3, may 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 13.5 for Lifejackets;

  • (b) Section 13.14 for Recovery of persons from the water;

  • (c) Section 13.16 for Emergency training & drills;

  • (d) Section 14A.2(4)(i) for Materials;

  • (e) Section 14A.9 for Emergency training & drills;

  • (f) Section 14B.25 for Emergency training & drills;

  • (g) Section 15A.7(4) for CO2 fire extinguishing systems

  • (h) Section 15A.8 for Firefighter’s communications;

  • (i) Section 16.8 for Availability of radio equipment;

  • (j) Section 18.3 Vessels of 300GT and over have LRIT fitted;

  • (k) Section 18.4 Vessels of 150GT and over have BNWAS fitted;

  • (l) Section 19.1 for Nautical publication;

  • (m) Section 19.7 for Portable atmosphere testing instruments;

  • (n) Section 19.8 for Navigational Procedures;

  • (o) Chapter 22 for Protection of personnel;

  • (p) Chapter 23A for Vessels under 500GT, Safety Management;

  • (q) Chapter 24 for Manning, certification and hours of work;

  • (r) Chapter 26 for Operational readiness, maintenance and inspections;

  • (s) Chapter 27 for Medical care and carriage of medical stores;

  • (t) Chapter 29 for List of certificates to be issued;

  • (u) Chapter 30 for Survey, certification and accident investigation;

  • (v) Chapter 31 for International ship and port facility Code;

  • (w) Existing sailing yachts may take advantage of the definition of a ‘Short Range Yacht’ in this version of the Code; and

  • (x) Common Annex B (Over-Side Working Systems) – B6 – Non-compliant and pre-existing systems

(3) Vessels referred to in 1.6 (2) 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 the implementation date of the Corrigenda

(4) 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.

1.7 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 (or for vessels under 500GT, the owner(s)/managing agent(s)) for a vessel, a decision on the interpretation may be obtained on written application to the Administration.

1.8 Equivalent Arrangements

(1) 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.

1.9 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 A, 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 and follow any Administrations alternative design and arrangement procedures.

  • (b) When alternative design or arrangements deviate from the prescriptive requirements of Part A, 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 Section, 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.

1.10 Exemptions

  • (a) Exemptions shall be granted only by the Administration.

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

  • (c) The granting of exemptions shall be limited by the extent to which the International Conventions allow and shall in all instances be regarded as exceptional.

Parent topic: Part A - Large Yacht Code (up to 12 passengers)
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