The Fishing Vessels (Safety Provisions) Rules 1975

Citation, application, commencement, interpretation and amendment

1.—(1) These Rules may be cited as the Fishing Vessels (Safety Provisions) Rules 1975.

(2) These Rules apply to every mechanically propelled sea-going fishing vessel registered in the United Kingdom under Part I or entered in the fishing boat register under Part IV of the Merchant Shipping Act 1894.

(3) Parts I, III, and IV of these Rules shall come into operation on 1st May 1975.

(4) All remaining Parts of these Rules shall come into operation—

(a)in respect of fishing vessels to which these Rules apply other than fishing vessels described in sub-paragraphs (b) and (c) of this Rule—

(i)if the keel of the vessel was laid before 1st January 1947—

• on 1st October 1975 for vessels of 21 metres in length and over;

• on 1st April 1976 for vessels of 18 metres in length and over but less than 21 metres in length;

• on 1st October 1976 for vessels of 15 metres in length and over but less than 18 metres in length;

• on 1st April 1977 for vessels of less than 15 metres in length;

(ii)if the keel of the vessel was laid on or after 1st January 1947 but before 1st January 1960—

• on 1st October 1977 for vessels of 21 metres in length and over;

• on 1st April 1978 for vessels of 18 metres in length and over but less than 21 metres in length;

• on 1st October 1978 for vessels of 15 metres in length and over but less than 18 metres in length;

• on 1st April 1979 for vessels of less than 15 metres in length;

(iii)if the keel of the vessel was laid on or after 1st January 1960 but before 1st May 1975—

• on 1st October 1979 for vessels of 21 metres in length and over;

• on 1st April 1980 for vessels of 18 metres in length and over but less than 21 metres in length;

• on 1st October 1980 for vessels of 15 metres in length and over but less than 18 metres in length;

• on 1st April 1981 for vessels of less than 15 metres in length;

(iv)if the keel of the vessel was laid on or after 1st May 1975 pursuant to an agreement for the construction of the vessel entered into before that date, on 1st April 1980;

(v)if the keel of the vessel was laid on or after 1st May 1975 pursuant to an agreement for the construction of the vessel entered into on or after that date, on 1st July 1975;

(b)in the case of fishing vessels engaged on single or twin boom fishing to which these Rules apply, if the keel of the vessel was laid on or after 1st January 1947 but before 1st May 1975, on 1st July 1977;

(c)in the case of fishing vessels of 24.4 metres in length and over to which these Rules apply, other than fishing vessels referred to in sub-paragraph 4(b) of this Rule, which at 1st May 1975 are vessels—

(i)classed with Lloyd's Register of Shipping and which continue to be so classed until 1st April 1980; or

(ii)in respect of or in connection with which a grant or loan has been made or is to be made under the Sea Fish Industry Act 1970 and which are thereby subject to inspection by a person authorised by the White Fish Authority or Herring Industry Board and continue to be subject to such inspection until 1st April 1980

on 1st April 1980.

(5) In these Rules, unless the context otherwise requires, the following expressions have the following meanings respectively:—

“`A' class division” means a bulkhead or part of a deck which is—

“`B' class divisions” means those divisions formed by bulkheads, decks, ceilings or linings which—

“Accommodation spaces” means corridors, lavatories, cabins, offices, crew spaces, isolated pantries and similar spaces;

“Breadth of a vessel” means the maximum width measured:—

“Class C boat” means a boat complying with the provisions of Rule 83 of these Rules;

“Control stations” means spaces in which main navigating or radio or central fire-recording equipment or an emergency generator are located;

“Crew space” means crew accommodation within the meaning of section 20(7) of the Merchant Shipping Act 1970;

“Dead ship condition” means a condition where no power is available in the vessel;

“Distant water voyage” means a voyage during the course of which a vessel proceeds outside the area bounded by lines joining the following positions:—

“Draught” means the vertical distance from the moulded base line amidships to the operating water line of a vessel;

“Enclosed superstructure” means a superstructure with—

but does not include a bridge or poop unless access is provided for the crew to reach machinery and other working spaces inside the bridge or poop by alternative means which are available at all times when bulkhead openings are closed.

“Equivalent material” where the words are used in the expression “steel or other equivalent material” means any material which, by itself or due to insulation provided, has structural and integrity properties equivalent to steel at the end of the standard fire test;

“Freeboard deck” means the uppermost complete deck exposed to the weather and sea which has permanent means of closing all openings in the weather portions thereof and below which all openings in the sides of the vessel are fitted with permanent means of closing watertight. In a vessel having a discontinuous freeboard deck, the lowest line of the exposed deck and the continuation of that line parallel to the upper part of the deck is to be taken as the freeboard deck. A lower deck may be designated as the freeboard deck subject to its being a complete and permanent deck continuous both (i) in a fore and aft direction at least between the machinery spaces and peak bulkheads and (ii) athwartships. When this lower deck is stepped, the lowest line of the deck and the continuation of that line parallel to the upper part of the deck is to be taken as the freeboard deck. When a lower deck is designated as the freeboard deck, that part of the hull which extends above the freeboard deck is treated as superstructure;

“Height” in relation to a superstructure or other erection means the least vertical distance measured at side from the top of the deck beams of a superstructure or an erection to the top of the freeboard deck beams;

“Independent power pump” means a pump operated by power otherwise than from the vessel's main engines;

“Inflatable boat” means a boat complying with Rule 84 of these Rules;

“Launching appliance” means the appliance complying with the provisions of Rule 98 of these Rules;

“Length” in relation to a vessel, means the length shown on the vessel's register;

“Lifeboat” means a boat complying with the provisions of Rule 82 of these Rules;

“Liferaft” means a liferaft complying with the provisions of Rule 85 of these Rules;

“Machinery control room” means a room from which the propelling machinery and boilers serving the needs of propulsion may be controlled;

“Machinery space” in relation to vessels of 24.4 metres in length and over means any space used for propelling, auxiliary or refrigerating machinery, boilers, liver boilers, fish meal plant, pumps, engineers' workshops, generators, ventilation or air conditioning machinery, oil filling stations and similar spaces and trunkways to such spaces; and in relation to vessels of less than 24.4 metres in length, means the main engine room;

“Main circulating pump” means the pump installed for circulating water through the main condenser in steam driven vessels or the pump which circulates the main engine sea water coolant in motor driven vessels;

“Maximum service speed” means the greatest speed which the vessel is designed to maintain at sea at her deepest seagoing draught;

“Motor lifeboat” means a lifeboat complying with Rule 82(5) of these Rules;

“Navigable speed” means the minimum ahead speed at which the vessel can be effectively steered;

“Non-combustible material” means a material which when heated to a temperature of 750°C neither flames for longer than 10 seconds duration nor raises either its internal temperature or the temperature of the test furnace more than 50°C above 750°C when tested in accordance with British Standard Specification 476; Part 4; 1970 and the expression “combustible material” shall be construed accordingly;

“Oil fired boiler” means any boiler wholly or partly fired by liquid fuel not being a domestic boiler of less than 73.28 kilowatts;

“Oil fuel unit” means the equipment used for the preparation of oil fuel for delivery to the oil burners of an oil-fired boiler or that used to prepare heated oil for delivery to an internal combustion engine and includes the oil pressure pumps, filters and heaters;

“Person” means a person over the age of one year;

“Principal Length” means the length measured in metres on a straight line from the fore part of the stem at top to the aftermost side of the transom or stern contour;

“Principal Breadth” means the maximum breadth measured in metres on a straight line to the outside of the frame lines of a vessel the hull of which is constructed of metal or to the outer surfaces of a vessel the hull of which is constructed of other material;

“Principal Depth” means the depth measured in metres at the mid point of the Principal Length as the vertical distance from the top of the deck beam at side to the top of the keel or line at the intersection of the inside of the shell plating with the keel where a bar keel extends above that line in a vessel the hull of which is constructed of metal or to the lower rabbet line of the keel of a vessel the hull of which is constructed of other material;

“Sea going” means proceeding outside the limits of smooth or partially smooth waters as specified in Schedule 24 to these Rules;

“Service space” includes galleys, pantries, laundries, store rooms, paint rooms, carpenters' workshops and trunkways leading to such spaces;

“Settling tank” means an oil storage tank in which oil fuel is heated in the course of its preparation for combustion in boilers and machinery and which has a heating surface of not less than 0.18 square metres per tonne of oil capacity;

“Standard fire test” means a test in which specimens of the relevant bulkheads or decks, having a surface area of not less than 4.6 square metres and a height of 2.4 metres, resembling as closely as possible the intended construction and including, where appropriate, at least one joint, are exposed in a test furnace to a series of time temperature relationships, approximately as follows:—

• At the end of the first 5 minutes: 538°C

• At the end of the first 10 minutes: 704°C

• At the end of the first 30 minutes: 843°C

• At the end of the first 60 minutes: 927°C

“Steering gear power unit” means

“Suitable” in relation to material means suitable for the purpose for which it is used;

“Superstructure” means a decked structure (including a raised quarter deck) on the freeboard deck either extending from side to side of the vessel or with the side plating not being inboard of the shell plating more than 4 per cent of the breadth of the vessel;

“Superstructure deck” means that complete or partial deck or the top of a superstructure, deckhouse or other erections situated at a height of not less than 1.8 metres above the freeboard deck;

“Surface spread of flame” means the surface spread of flame classified as Class 1 or Class 2 within the meaning of British Standard Specification 476; Part 7; 1971;

“Vessel Numeral” means the product obtained by multiplying together the Principal Length by the Principal Breadth by the Principal Depth;

“Watertight” in relation to a structure means capable of preventing the passage of water through the structure in any direction;

“Weathertight” in relation to a structure means capable of preventing the passage of sea water through the structure in ordinary sea conditions.

(6) The Interpretation Act 1889 shall apply for the interpretation of these Rules as it applies for the interpretation of an Act of Parliament.

(7) The Merchant Shipping (Life-Saving Appliances) Rules 1965(1) as amended(2), and the Merchant Shipping (Fire Appliances) Rules 1965(3) shall be amended as follows:

(a)In Rule 1(2) of each of the said Rules there shall be inserted in the appropriate places alphabetically the words” “Fishing vessel” has the same meaning as in the Fishing Vessels (Safety Provisions) Act 1970”

(b)In the proviso to Rule 1(3) of each of the said Rules, there shall be added after paragraph (ii) as paragraph (iii):

“(iii)mechanically propelled fishing vessels registered in the United Kingdom under Part I or entered in the fishing boat register under Part IV of the Merchant Shipping Act 1894”.

(8) The Merchant Shipping (Musters) Rules 1965(4) shall be amended as follows:

In the proviso to Rule 1(3) there shall be added at the end of the proviso the words “or to a fishing vessel as defined in section 9(1) of the Fishing Vessels (Safety Provisions) Act 1970, being a mechanically propelled fishing vessel registered in the United Kingdom under Part I or entered in the fishing boat register under Part IV of the Merchant Shipping Act 1894”.

(9) The Merchant Shipping (Official Log Books) (Fishing Vessels) Regulations 1972(5) shall be amended as follows:

In Regulation 1(2), there shall be substituted for the definition of “the Musters Rules” the words ““the Musters Rules” means the Fishing Vessels (Safety Provisions) Rules 1975 so far as the same relate to musters;”