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The Merchant Shipping (Radio) (Fishing Vessels) Regulations 1999

Consolidated Text As Enacted Cited authorities 8 Cited in Amendments 10 Related
Vincent
JurisdictionUK Non-devolved
CitationSI 1999/3210
  • These Regulations may be cited as the Merchant Shipping (Radio) (Fishing Vessels) Regulations 1999 and shall come into force on 1st January 2000.
    • (1) Except in relation to non-Directive fishing vessels which are registered in the United Kingdom, the following Rules are hereby revoked:(2) The Fishing Vessels (Safety Provisions) Rules 1975 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 1999 in regulation 2(1) the following definitions:“EPIRB";“expiry date";regulation 3; andin regulation 8(1) “3,".in regulation 2, after the definition of “operating" there shall be inserted:
      “Radio Regulations" means the Merchant Shipping (Radio) (Fishing Vessels) Regulations 1999;
    ;    in regulation 11(2) , for “Regulation II(3) (a) or (b) " there shall be substituted “Regulation 11(5) (a) or (b) of Chapter I";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.
    ;    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.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.in Schedule 3, for the heading there shall be substituted:
      (MODIFICATIONS OF THE PROVISIONS OF THE ANNEX TO THE TORREMOLINOS PROTOCOL) (PART I) Modifications introduced by Annexes I to IV to the Council Directive
    ; and    in Schedule 3, after paragraph 42 there shall be added:
      (PART II) Other modifications
    • (1) CHAPTER I—GENERAL PROVISIONSIn Regulation 6(1) (b) (iii) , for “Chapters VII, IX and X" there shall be substituted “Chapters VII and X and in the Radio Regulations".
    • (2) CHAPTER IV—MACHINERY AND ELECTRICAL INSTALLATIONS AND PERIODICALLY UNATTENDED MACHINERY SPACESIn Regulation 17(2) , for sub-paragraph (a) there shall be substituted:
    • (“) 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;".
    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".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;the ship earth station required by regulation 13(1) paragraph (a) of ALTERNATIVE A of the Radio Regulations; andthe MF/HF radio installation required by regulation 13(1) paragraphs (a) and (b) of ALTERNATIVE B and regulation 14 of the Radio Regulations;".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".(1) In these Regulations:(2) For the purposes of these Regulations, a fishing vessel shall be treated as being at sea at any time when it is not securely moored in a safe berth.(3) For the purposes of regulations 21 and 30, “operates" means, in relation to a fishing vessel, catches or catches and processes fish or other living resources of the sea without prejudice to the right of innocent passage in the territorial sea and the freedom of navigation in the exclusive economic zone; and “operating", in relation to a fishing vessel, shall be construed accordingly.
  • The purpose of these Regulations (except Part III) is to implement the Council Directive.
    • (1) Regulations 7 to 9 and Part II apply to Directive fishing vessels which are registered in the United Kingdom.(2) Regulations 7 to 9 and, subject to paragraphs (3) and (4) , Part III apply to non-Directive fishing vessels which are registered in the United Kingdom.(3) Before the date referred to in paragraph (4) , non-Directive fishing vessels which are registered in the United Kingdom may, instead of complying with the requirements of Part III of these Regulations, comply with the provisions contained in Parts II and III of the Merchant Shipping (Radio) (Fishing Vessels) Rules 1974.the date after 29th February 2000 on which the fishing vessel’s next renewal survey falls due, orthe date on which the period of 27 months expires after the fishing vessel’s last renewal survey prior to 1st March 2000.(5) Part IV applies to fishing vessels of 12 metres or more in length which are registered in the United Kingdom.(6) Part V applies to Directive fishing vessels which are not registered in the United Kingdom.(1) Where these Regulations require that a particular fitting, material, appliance or apparatus, or type thereof, shall be fitted or carried in a fishing vessel, or that any particular provision shall be made, the Secretary of State may permit any other fitting, material, appliance or apparatus or type thereof to be fitted or carried, or any other provision to be made in that fishing vessel if he is satisfied by trial thereof or otherwise that such other fitting, material, appliance or apparatus, or type thereof, or provision, is at least as effective as that required by these Regulations.in accordance with these Regulations or with a Standard, Code of Practice, specification or technical description of an EEA State other than the United Kingdom offering equivalent levels of safety, suitability and fitness for the purpose; andby a body or laboratory of an EEA State other than the United Kingdom offering suitable and satisfactory guarantees of technical and professional competence and independence.(3) The Secretary of State may exempt any individual fishing vessel or class of fishing vessel from any of the provisions of Part III of these

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