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By Nick Gladwell
Regulations that affect yachts can be confusing, especially with all the recent conventions that have come into force over the past few years. Many Captains ask "Why do we have to comply with a particular rule when another similar yacht does not? " The answer is that similar vessels come under separate reg- ulations when they are registered with different flag states; cross a critical ton- nage level or are being used for different purposes; i.e., private or commercial.
Regulations emanate from IMO
Conventions that may be signed up to and implemented by Flag and Port
States. The laws apply to the waters of a signatory country and to all vessels on their register. This means, for example, that a United Kingdom regulation on sewage applies to all UK registered ves- sels and any vessel of any flag state that is in the UK waters, subject to them meeting the criteria sited in the regula- tions. At the beginning of every set of regulations will be the application sec- tion (e.g. these regulations apply to all commercial vessels over 400 gross tons).
It is common to apply regulations to commercial but not private vessels. The exceptions to this 'rule of thumb' are the pollution (MARPOL) and collision reg- ulations (COLREGS). These regula- tions are unusual in that they apply to all vessels regardless of whether private or commercial. In this context a vessel that charters is considered to be a com- mercial vessel whilst chartering, unless the charterer is the owner. A tonnage limit may also be set for a particular rule or set of regulations. For example, most
SOLAS based regulations apply to ves- sels over 500 gt and Radio regulations pertain to vessels over 300 gt. Recent new regulations for some countries are:
MARPOL Annex VI - Air Pollution
These regulations came into force for signatories to the convention and vessels in their waters from the 19th May 2005.
They are concerned with fuel specifica- tion and controlling emissions from diesel engines and boilers. Vessels over 400 gross tons are required to have an
International Air Pollution Prevention
Certificate (IAPP Certificate). In the case of ships of less than 400 gross tons, the Flag State may establish appropriate measures in order to ensure that the applicable provisions of this Annex are followed. Engines over 130 KW are required to be tested and to obtain a type approval certificate (EIAPP Certificate).
This is to prove that the exhaust gases meet certain nitrous oxide (NOx) limits, or to prove that an approved exhaust gas cleaning system to reduce the NOx emissions to at least the limits required in Regulation 13(3)(a) is fitted. The fuel oil bunkers must also meet a general specification and, depending on the location of the vessel, may have to meet a lower limit for sulphur content.
Bunker samples and the Bunker
Delivery Note must be kept aboard to verify the specification of bunkers that were loaded and to prove what type of fuel is in use. The United States has not yet signed up for this part of the
Convention and is not enforcing these rules in US waters, but many European countries are.
MARPOL Annex IV - Sewage
These regulations were informally introduced on 27th September 2003 (formally 1st August 2005) and apply to all vessels over 400 GT carrying a total complement of more than 15 persons.
The regulations came in immediately for new vessels but existing vessels, depending upon their size and the num- ber of persons aboard, will not have to comply for 5 or 15 years. This Annex describes how black water (sewage) must be treated, and limits where it may be put over the side. The original text of the Annex was revised and the formal date (1st August 2005) is the new revised version.
SOLAS, ISPS Code - Security
These apply to all commercial vessels over 500 gross tons and came into force on 1st July 2004. A company is required to have a company security officer (CSO) who has been on an approved security course. The CSO should ensure that all applicable vessels have a Ship
Security Assessment (SSA) and a Ship
Security Plan (SSP). Each vessel must also have aboard a Ship Security Officer (SSO) who is responsible for making sure the SSP is in use aboard the vessel.
There are also requirements for bridge equipment such as an automatic identifi- cation system (AIS) and a ship security alert system. The Flag State is responsi- ble for approving the SSP and the certi- fication of the vessel for this area.
SOLAS Chapter II-2
This relates to the necessity for dou- ble-skinned, high-pressure fuel pipes on all diesel engines. The laws came in quietly in July 1998 for new vessels but there was a five year phase-in for enforcement with existing vessels. It
Megayachts " D D V S B U F 5 I J D L O F T T . F B T V S F N F O U T P G 4 U F F M ) V M M T % - 1 - 6 4 " E W B O D F E U I J D L O F T T H B V H F D P N C J O F T Q P X F S G V M U I J D L O F T T N F B T V S F N F O U G F B U V S F T X J U I T P Q I J T U J D B U F E E B U B B D R V J T J U J P O B O E P V U Q V U D B Q B C J M J U J F T . ( 4 F S J F T 5 I F T F B G G P S E B C M F B O E F B T Z U P V T F Q P D L F U T J [ F E U I J D L O F T T H B V H F T P G G F S Q S B D U J D B M Q F S G P S N B O D F G F B U V S F T Q B O B ! P M Z N Q V T / % 5 D P N 5 F M F Q I P O F ' B Y X X X Q B O B N F U S J D T O E U D P N 5 I S V $ P B U ¡ 5 I J T Q B U F O U F E U F D I O P M P H Z E J T Q M B Z T D P B U J O H U I J D L O F T T B O E U S V F N F U B M U I J D L O F T T V T J O H B T J O H M F C B D L X B M M F D I P " W B J M B C M F P O U I F % - 1 - 6 4 B O E N P T U . ( N P E F M T / P / F F E U P 3 F N P W F 1 B J O U
Circle 262 on Reader Service Card
Navigating New Yacht Regulations regs4yachts’ New CEO
Nick Gladwell was appointed CEO of regs4yachts, a company dealing in regulations and compliance for large yachts, effective September 1, 2005.
Until recently Gladwell was the
Director of
Safety & Survey at the Cayman
Islands Shipping
Registry (CISR).
Before joining the CISR Nick was a Principal
Surveyor with the MCA. He has served at sea as a Chief Engineer and has extensive experience as a Superintendent. The
Cayman Islands Shipping Registry is the largest super-yacht registry in the world and Gladwell is a renowned expert in building and operating yachts to the MCA Code. regs4yachts provide a range of con- sultancy services and products designed to assist yacht owners to comply with codes and regulations.
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