Regulation 6 ExemptionsI1

United Kingdom

(1)

Subject to paragraph (4), the Secretary of State may exempt from any requirement of a provision in Chapter V referred to in regulation 5 (safety of navigation requirements)—

(a)

a ship which does not normally engage on international voyages but is, in exceptional circumstances, required to undertake a single international voyage;

(b)

a ship engaged on a voyage where—

(i)

the maximum distance of the ship from the shore;

(ii)

the length and nature of the voyage;

(iii)

the absence of general navigational hazards; and

(iv)

other conditions affecting safety,

are such as to render compliance with those provisions unreasonable or unnecessary.

(2)

Subject to paragraph (4), the Secretary of State may exempt a ship without mechanical means of propulsion from any requirement of the following provisions in Chapter V—

(a)

regulation 15 (principles relating to bridge design, design and arrangement of navigational systems and equipment and bridge procedures);

(b)

regulation 17 (electromagnetic compatibility);

(c)

regulation 18 (approval, surveys and performance standards of navigational systems and equipment and voyage data recorder);

(d)

regulation 19 (carriage requirements), except paragraph 2.1.7;

(e)

regulation 20 (voyage data recorders);

(f)

regulation 22 (navigation bridge visibility);

(g)

regulation 24 (use of heading and/or track control systems);

(h)

regulation 25 (operation of steering gear);

(i)

regulation 26 (steering gear: testing and drills);

(j)

regulation 27 (nautical charts and publications); and

(k)

regulation 28 (records of navigational activities and daily reporting).

(3)

The Secretary of State may exempt from, or waive, specified requirements of the provisions in Chapter V referred to in regulation 5 where such requirements are subject to a power to—

(a)

exempt from those requirements; or

(b)

waive those requirements,

in relation to a ship, or category of ship, if satisfied that the conditions prescribed by those provisions are met.

(4)

An exemption under paragraph (1) or (2), or exemption or waiver under paragraph (3), may be—

(a)

granted subject to such safety requirements as the Secretary of State thinks fit to ensure the overall safety of the ship; and

(b)

on the giving of reasonable notice, altered or cancelled.

(5)

An exemption granted under paragraph (1) or (2), or exemption or waiver granted under paragraph (3), or an alteration or cancellation under paragraph (4)(b), must—

(a)

be in writing;

(b)

specify the date on which it takes effect; and

(c)

specify the terms, if any, on which it is given.

(6)

The requirement that the exemption granted under paragraph (1) or (2), or exemption or waiver granted under paragraph (3), or an alteration or cancellation under paragraph (4)(b), be in writing is satisfied where the text of the approval is—

(a)

transmitted by electronic means;

(b)

received in legible form; and

(c)

capable of being used for subsequent reference.

(7)

Where an exemption or waiver is granted subject to safety requirements, the exemption or waiver ceases to have effect if those requirements are not complied with.

Annotations

Commencement

I1: Reg. 6 in force at 31.7.2020, see reg. 1(1)