The Merchant Shipping (Radio) (Fishing Vessels) Regulations 1999
| Year | 1999 |
1999 No. 3210
MERCHANT SHIPPING
SAFETY
The Merchant Shipping (Radio) (Fishing Vessels) Regulations 1999
Made 30th November 1999
Laid before Parliament 6th December 1999
Coming into force 1st January 2000
The Secretary of State for the Environment, Transport and the Regions, after consulting the persons referred to in section 86(4) of the Merchant Shipping Act 19951, in exercise of the powers conferred by sections 85(1)(a) and (b), (3), (5) to (7) and 86(1) and (2) and of all other powers enabling him in that behalf, hereby makes the following Regulations:–
PART I
GENERAL
Citation and commencement
1. These Regulations may be cited as the Merchant Shipping (Radio) (Fishing Vessels) Regulations 1999 and shall come into force on 1st January 2000.
Revocations and amendment of Rules and Regulations
2.—(1) Except in relation to non-Directive fishing vessels which are registered in the United Kingdom, the following Rules are hereby revoked:
The Merchant Shipping (Radio) (Fishing Vessels) Rules 19742;
The Merchant Shipping (Radio) (Fishing Vessels) (Amendment) Rules 19823; and
The Merchant Shipping (Radio) (Fishing Vessels) (Amendment) Rules 19944.
(2) The Fishing Vessels (Safety Provisions) Rules 19755shall be amended by substituting for Rule 125A the following:
“Radio Surveys
125A. A surveyor appointed in accordance with rule 125C shall carry out a survey (a “radio survey”) to ascertain whether the vessel complies with such of the following requirements as apply to it, viz:
Rules 78(3)(a) and 79(b) of these Rules;
the Merchant Shipping (Radio) (Fishing Vessels) Regulations 19996.”.
(3) The Fishing Vessels (Life-Saving Appliances) Regulations 19887shall be amended by omitting:
(a)
(a) in regulation 2(1) the following definitions:
“EPIRB”;
“expiry date”;
(b)
(b) regulation 3; and
(c)
(c) in regulation 8(1) “3,”.
(4) The Fishing Vessels (EC Directive on Harmonised Safety Regime) Regulations 19998shall be amended as follows:
(a)
(a) in regulation 2, after the definition of “operating” there shall be inserted:
““Radio Regulations” means the Merchant Shipping (Radio) (Fishing Vessels) Regulations 1999;”;
(b)
(b) in regulation 11(2), for “Regulation II(3)(a) or (b)” there shall be substituted “Regulation 11(5)(a) or (b) of Chapter I”;
(c)
(c) at the end of regulation 14, there shall be added:
“3 If the owner or skipper of a fishing vessel fails without reasonable excuse to comply with a requirement made under regulation 11(2) above, he shall be liable on summary conviction to a fine of an amount not exceeding level 2 on the standard scale.
4 Any contravention of regulation 11(3) above shall be an offence punishable on summary conviction by a fine not exceeding the statutory maximum and on conviction on indictment by imprisonment for a term not exceeding two years and a fine.”;
(d)
(d) in Schedule 3, for the heading there shall be substituted:
“MODIFICATIONS OF THE PROVISIONS OF THE ANNEX TO THE TORREMOLINOS PROTOCOL
Modifications introduced by Annexes I to IV to the Council Directive”; and
(e)
(e) in Schedule 3, after paragraph 42 there shall be added:
“PART II
Other modifications
CHAPTER I—GENERAL PROVISIONS
1 In Regulation 6(1)(b)(iii), for “Chapters VII, IX and X” there shall be substituted “Chapters VII and X and in the Radio Regulations”.
CHAPTER IV—MACHINERY AND ELECTRICAL INSTALLATIONS AND PERIODICALLY UNATTENDED MACHINERY SPACES
2 In Regulation 17(2), for sub-paragraph (a) there shall be substituted:
“(a) the VHF radio installation required by regulation 10(a) and (b) of the Radio Regulations, and if applicable:
(i) the MF radio installation required by regulation 12(1)(a) and (b) and regulation 13(1) paragraphs (b) and (c) of ALTERNATIVE A of the Radio Regulations;
(ii) the ship earth station required by regulation 13(1) paragraph (a) of ALTERNATIVE A of the Radio Regulations; and
(iii) the MF/HF radio installation required by regulation 13(1) paragraphs (a) and (b) of ALTERNATIVE B and regulation 14 of the Radio Regulations;”.
CHAPTER VII—LIFE-SAVING APPLIANCES AND ARRANGEMENTS
3 In the footnote reference “••” to Regulation 14(1), for “Regulation IX/6(1)(c)” there shall be substituted “regulation 10(c) of the Radio Regulations”.”.
Interpretation
3.—(1) In these Regulations:
“Admiralty List of Radio Signals” means the document so entitled published by the Hydrographer of the Navy and any subsequent List containing the like information which the Hydrographer of the Navy considers relevant from time to time which replaces the Admiralty List of Radio Signals or replaces any subsequent List containing the like information; and a reference to any such List includes a reference to any Admiralty Notice to Mariners amending the same which the Hydrographer of the Navy considers relevant from time to time;
“Admiralty Notice to Mariners” means a notice described as such published by the Hydrographer of the Navy;
“area A1 vessel” means a vessel which goes to sea in sea area A1 only;
“area A2 vessel” means a vessel which goes to sea in sea area A2 only, or in sea areas A1 and A2;
“area A3 vessel” means a vessel which goes to sea in sea area A3 only, or in sea area A3 and also in sea area A1 or A2 or both those sea areas;
“area A4 vessel” means a vessel which goes to sea in sea area A4 only, or in sea area A4 and also in one or more of sea areas A1, A2 and A3;
“continuous listening watch” means a radio watch which is not interrupted other than for brief intervals when the ship’s receiving capability is impaired or blocked by its own communications or when the facilities are under periodical maintenance or checks;
“Cospas-Sarsat satellite service” means a satellite aided search and rescue system designed to locate distress beacons transmitting in the 406 MHz band and on other frequencies;
“the Council Directive” means Council Directive 97/70/EC9setting up a harmonised safety regime for fishing vessels of 24 metres in length and over;
“Directive fishing vessel” means a new fishing vessel of 24 metres or more in length, and an existing fishing vessel of 45 metres or more in length;
“DSC” means Digital Selective Calling being a technique using digital codes which enables a radio station to establish contact with, and transfer information to, another station or group of stations, and complying with the relevant recommendations as specified in a Merchant Shipping Notice;
“DSC watch” means listening for an audible alarm from a vessel’s DSC equipment on VHF (channel 70), MF (2,187.5 kHz) or HF (8,414.5 kHz);
“EEA Agreement” means the Agreement on the European Economic Area signed at Oporto on 2nd May 199210as adjusted by the Protocol signed at Brussels on 17th March 199311;
“EEA State” means a State which is a Contracting Party to the EEA Agreement;
“EPIRB” means an emergency position indicating radio beacon capable of transmitting a distress alert either through the Cospas-Sarsat satellite service operating in the 406 MHz band or through the INMARSAT geostationary satellites operating in the 1.6 MHz band;
“exclusive economic zone” means the area beyond and adjacent to the territorial sea not extending beyond 200 nautical miles from the baselines from which the breadth of the territorial sea is measured;
“existing fishing vessel” means a fishing vessel which is not a new fishing vessel;
“general radio communications” means operational and public correspondence traffic, other than distress, urgency and safety messages, conducted by radio;
“GMDSS” means the Global Maritime Distress and Safety System;
“HF” means the frequency spectrum between 3000 kHz and 30 MHz
“Hydrographer of the Navy” means the person for the time being appointed to that office by the Admiralty Board;
“INMARSAT” means the Organisation established by the Convention on the International Maritime Satellite Organisation adopted on 3rd September 1976;
“INMARSAT—C” means an INMARSAT ship earth station capable of transmitting and receiving direct printing communications with enhanced group calling equipment for use in the GMDSS;
“INMARSAT enhanced group calling system” means the SafetyNET service by which INMARSAT distributes meteorological, navigational and search and rescue messages to vessels fitted with an enhanced group calling system receiver;
“INMARSAT geostationary satellite service” means the mobile satellite service provided by INMARSAT through its geostationary satellites;
“INMARSAT ship earth station” means a terminal in the mobile-satellite service located on board a vessel which is not permanently moored;
“International NAVTEX Service” means the co-ordinated broadcast and automatic reception on the frequency 518 kHz of maritime safety information by means of narrow-band direct-printing telegraphy using the English language;
“ITC Radio Regulations” means the Radio Regulations annexed to the most recent International Telecommunication Convention which is in force at any time;
“length” means, unless provided otherwise, 96% of the total length on a waterline at 85% of the least moulded depth measured from the keel line, or the length from the foreside of the stem to the axis of the rudder stock on that waterline, if that be greater. In vessels designed with rake of keel the waterline on which this length is measured shall be parallel to the designed waterline;
“MCA” means the Maritime and Coastguard Agency, an executive agency of the Department of the Environment, Transport and the Regions;
“Merchant Shipping Notice” means a Notice described as such and issued by the MCA, and any reference to a particular Merchant Shipping Notice includes a reference to any Merchant Shipping Notice amending that Notice;
“MF” means the frequency spectrum between 300 and 3000 kHz;
“MF coast station” means a radio communication service located on the coast offering services in the medium frequency...
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