The Merchant Shipping (Tonnage) Regulations 1997
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ARRANGEMENT OF REGULATIONS
PART I GENERAL
PART II APPLICATION, ASCERTAINMENT OF TONNAGE AND CERTIFICATION FOR UNITED KINGDOM SHIPS OF 24 METRES IN LENGTH AND OVER
PART III APPLICATION, ASCERTAINMENT OF TONNAGE AND CERTIFICATION FOR UNITED KINGDOM SHIPS OF LESS THAN 24 METRES IN LENGTH, OTHER THAN FISHING VESSELS
PART IV NON-UNITED KINGDOM SHIPS
PART V PENALTIES
The Secretary of State for Transport, in exercise of the powers conferred
by section 19 of the Merchant Shipping Act 1995[1],
and of all other powers enabling him in that behalf, hereby makes the following
Regulations:
PART I GENERAL Citation, commencement and revocation
(2) The following Regulations are hereby revoked
-
(b) the Merchant Shipping (Tonnage) (Amendment) Regulations 1988[3].
2. - (1) In these Regulations, unless the context otherwise requires -
(ii) where the opposite ends of two enclosed spaces are separated
by a gap, which is completely open except for bulwarks or open rails and
of fore and aft length less than half the least breadth of the deck at
the gap, then no part of the enclosed spaces shall be excluded, as specified
in Figures 5 and 6 of Schedule 1;
(c) a space in a side-to-side erection between opposite side openings not less in height than 0.75 metres or one-third of the height of the erection whichever is the greater. If the opening in such an erection is provided on one side only, the space to be excluded from the volume of enclosed spaces shall be limited inboard from the opening to a maximum of one half of the breadth of the deck in way of the opening, as specified in Figure 8 of Schedule 1; (d) a space in an erection immediately below an uncovered opening in the deck overhead, provided that such an opening is exposed to the weather and the space excluded from enclosed spaces is limited to the area of the opening, as specified in Figure 9 of Schedule 1; (e) a recess in the boundary bulkhead of an erection which is exposed to the weather and the opening of which extends from deck to deck without means of closing, provided that the interior width is not greater than the width at the entrance and its extension into the erection is not greater than twice the width of its entrance, as specified in Figure 10 of Schedule 1; (f) notwithstanding the provisions of subparagraphs (a) to (e) inclusive,
any space listed in those subparagraphs which fulfills at least one of
the following conditions shall be treated as an enclosed space -
(ii) the openings are fitted with any means of closure; (iii) the construction provides any possibility of such openings
being closed;
(b) 96 per cent of the distance between the fore side of the stem
and the aft side of the stern;
(b) in the case of a glass reinforced plastic ship where no keel member is fitted and the keel is of open trough construction, the distance is measured from the top of the keel filling, if any, or the level at which the inside breadth of the trough is 100 millimetres, whichever gives the lesser depth; (c) in ships having rounded gunwales, the distance is measured to the point of intersection of the moulded lines of the deck and side shell plating, the lines extending as though the gunwales were of angular design; and (d) where the upper deck is stepped and the raised part of the deck
extends over the point at which the moulded depth is measured, the distance
is measured to a line of reference extending from the lower part of the
deck along a line parallel with the raised part; and for the purposes of
this definition -
(ii) "weathertight" means that in any sea conditions water will not
penetrate into the ship;
(b) for passenger ships, the draught corresponding to the deepest subdivision load line assigned in accordance with the Merchant Shipping (Passenger Ship Construction) Regulations 1980[6] or the Merchant Shipping (Passenger Ship Construction) Regulations 1984[7], whichever is applicable; (c) for ships to which no load line has been assigned but the draught of which is restricted by the Secretary of Sate, the maximum permitted draught; and (d) for other ships, 75 per cent of the moulded depth amidships;
(b) a person on board the ship either in pursuance of the obligation laid upon the master to carry shipwrecked, distressed or other persons or by reason of any circumstances that neither the master nor the owner nor the charterer (if any) could have prevented; and (c) a child under one year of age;
(b) in the case of a vessel owned by a body corporate, used only
for sport or pleasure and on which the persons are employees or officers
of the body corporate, or their immediate family or friends; and
(c) in the case of any vessel referred to in paragraphs (a) or (b)
above no other payments are made by or on behalf of users of the vessel,
other than by the owner;
(b) assembly of that ship has commenced comprising at least 50 tonnes
or one per cent of the estimated mass of all structural material whichever
is the less;
(b) a reference to a numbered regulation is, unless otherwise stated, a reference to the regulation of that number in these Regulations; (c) a reference in a regulation to a numbered paragraph is, unless otherwise stated, a reference to the paragraph of that number in that regulation; and (d) a reference to a numbered Schedule is, unless otherwise stated,
a reference to the Schedule of that number in these Regulations.
PART II APPLICATION, ASCERTAINMENT OF TONNAGE AND CERTIFICATION FOR UNITED KINGDOM SHIPS OF 24 METRES IN LENGTH AND OVER Application
Method of measurement
(2) The gross and net tonnages shall be determined in accordance with regulations 6 and 7 provided that in the case of novel types of craft with constructional features which render the application of the provisions of these Regulations unreasonable or impracticable, the gross and net tonnages shall be determined as required by the Secretary of State. (3) All measurements used in the calculations of volumes shall be taken and expressed in metres to the nearest one hundredth of a metre. (4) Gross and net tonnages shall be expressed as whole numbers, decimals being rounded off downwards. Calculation of volumes
(2) Volumes of appendages shall be included in the total volume. (3) Volumes of spaces open to the sea shall be excluded from the total volume. (4) The method and accuracy of the calculations shall be sufficiently detailed to facilitate checking. Gross tonnage
7. The net tonnage (NT) of a ship shall be determined by the following formula -
(d) NT shall not be taken as less than 0.30 GT.
8. Where segregated ballast tanks complying with Regulation 13 of Annex 1 of the International Convention for the Prevention of Pollution from Ships 1973[8], as modified by the Protocol of 1978[9] relating to that Convention, are provided in oil tankers, an entry may be made on the International Tonnage Certificate (1969) indicating the total tonnage of these tanks. The tonnage of such segregated ballast shall be calculated according to the following formula -
9. If it is in order to do so, the Certifying Authority shall issue to the owner an International Tonnage Certificate (1969) in the form set out in the Convention certifying the tonnages of the ship and containing the particulars to be shown thereon. The official number of the ship shall be included as a distinctive number. Cancellation of certificates
(2) When a ship is transferred from the United Kingdom Register the International Tonnage Certificate (1969) shall cease to be valid except when the transfer is to the Administration of a state which is a Contracting Government, in which case the certificate may remain in force for a period not exceeding 3 months or until the new Administration issues another International Tonnage Certificate (1969), whichever is the earlier. The Certifying Authority shall transmit to the Administration of that Government as soon as possible after the transfer has taken place a copy of the certificate carried by the ship at the time of transfer and a copy of the relevant tonnage calculations. Change of net tonnage necessitating issue of certificate
(2) In the case of a passenger ship assigned subdivision load lines in accordance with the Merchant Shipping (Passenger Ship Construction) Regulations 1980 or the Merchant Shipping (Passenger Ship Construction) Regulations 1984 and load lines in accordance with the Load Line Rules only one net tonnage shall be applied. Where the draught corresponding to the Summer load line differs from that corresponding to the deepest subdivision load line the net tonnage shall, subject to paragraph (3)(a), be that determined in accordance with regulation 7 by applying the draught corresponding to the appropriate assigned load line for the trade in which the ship is engaged. (3)
(b) A new International Tonnage Certificate (1969) may be issued
forthwith when -
(ii) a ship undergoes alterations or modifications of a major character such as the removal of a superstructure, which requires an alteration of the assigned load line; or (iii) the ship is a passenger ship employed in special trades for
carriage of large numbers of special trade passengers, such as the pilgrim
trade.
12. - (1) In the case of a ship -
(b) which is a ship the keel of which was laid or which was at a similar stage of construction not later than 31st December 1985, not being a ship referred to in subparagraph (a); or (c) which is a cargo ship of less than 1600 tons gross tonnage when
ascertained in accordance with the provisions of Schedule 5 and Appendices
1 to 4 thereto of the Merchant Shipping (Tonnage) Regulations 1982, the
keel of which was laid or which was at a similar stage of construction
before 18th July 1994, not being a ship referred to in subparagraph (a);
(2) An International Tonnage Certificate (1969)
may be annotated, under "Remarks", by the Certifying Authority -
(4) Where a gross tonnage has been ascertained
and is to be used in accordance with paragraph (1), then any certificate
issued for the purposes of the conventions and protocols referred to shall
record only that gross tonnage together with an appropriate footnote -
PART III APPLICATION, ASCERTAINMENT OF TONNAGE AND CERTIFICATION FOR UNITED KINGDOM SHIPS OF LESS THAN 24 METRES IN LENGTH, OTHER THAN FISHING VESSELS Application
Measurement and certification
(2) The tonnage of a ship shall be the sum of
-
(b) the tonnage of any break or breaks, calculated for each break
by multiplying together its mean length, mean breadth and mean height in
metres and multiplying the resultant figure by 0.35.
(b) the depth of a ship shall be measured vertically at the midpoint
of the length overall.
(bb) in the case of an open ship, the top of the upper strake or
gunwale.
(bb) in the case of a metal ship, the top of the plating at the side of the keel; (cc) in the case of a glass reinforced plastic ship, the inside of
the hull. Where no keel member is fitted and the keel is of open trough
construction, the lower terminal point for depth shall be the top of the
keel filling, if fitted, or the level at which the inside breadth of the
trough is 10 centimetres, whichever gives the greater depth.
(5) In the case of a multi-hull ship the tonnage of each hull shall be measured separately and the sum of such tonnages shall be used in computing the tonnage referred to in paragraph (2). (6) All measurements used in the calculations of volumes shall be taken and expressed in metres to the nearest one hundredth of a metre. (7) Tonnage shall be expressed to two decimal places, the second decimal place being increased by one if the third decimal place is 5 or more. (8) On completion of the measurement the surveyor or measurer, as the case may be, shall forward to the Secretary of State a Certificate of Measurement in a form approved by the Secretary of State. (9) Where alterations are made in the arrangement, construction, capacity, use of spaces, total number of passengers the ship is permitted to carry under the terms of the ship's passenger certificate, assigned load line, or permitted draught of the ship such as would cause an increase in the tonnage, the existing measurement shall cease to be valid, any certificate shall be delivered up to and cancelled by the issuer and the owner of the ship shall make an application for it to be remeasured in accordance with paragraph (1). (10) Notwithstanding paragraph (2) nothing in
this Part shall be taken to require any ship the tonnage of which was validly
determined under the law in force immediately before the coming into force
of these Regulations to have its tonnage re-determined.
PART IV NON-UNITED KINGDOM SHIPS Ascertainment of tonnage and certification
(2) The Certifying Authority may, at the request
of an owner of a non-United Kingdom ship flying the flag of a State whose
Government is not a Contracting Government, ascertain the gross and net
tonnages of the ship in accordance with Part II and issue a Certificate
of British Tonnage measurement. In such a case the certificate shall bear
the endorsement "for use only whilst within United Kingdom waters".
PART V PENALTIES Penalties
Signed by authority of theSecretary of State for Transport
Glenda Jackson
7th June 1997
EXCLUDED SPACES AS DEFINED IN REGULATION 2
[Unable to reproduce drawings - please refer to hard copy]
COEFFICIENTS K1 AND K2 REFERRED TO IN REGULATIONS 6, 7 AND 8
V or Vc = Volume in cubic metres; Coefficients K1 or K2 at intermediate values
of V or Vc shall be obtained by linear interpolation.
(This note is not part of the Regulations)
These Regulations consolidate with amendments the Merchant Shipping (Tonnage) Regulations 1982, as amended. The Regulations re-enact those provisions of the earlier Regulations relating to the International Convention on Tonnage Measurement of Ships 1969 (Cmnd. 4332) (Part II), and the calculation of tonnage for pleasure vessels of less than 13.7 metres in length (Part III). The Regulations simplify the earlier tonnage requirements for ships of less than 24 metres in length by adopting a method of tonnage computation, previously restricted to those pleasure vessels of less than 13.7 metres in length, for all ships under 24 metres in length other than fishing vessels. The Regulations deal with the tonnage computation of segregated ballast oil tankers, and with the use of gross tonnage which has been ascertained under previous Regulations. The Regulations enable the Secretary of State to authorise persons to act as Certifying Authorities for the purpose of the Regulations. Currently so authorised are Lloyd's Register of Shipping, the British Committee of Bureau Veritas, the British Committee of Det Norske Veritas, the British Committee of Germanischer Lloyd: the British Committee of Registro Italiano Navale and the British Technical Committee of the American Bureau of Shipping. The Conventions and Protocols referred to in the Regulations may be obtained from the International Maritime Organisation, 4 Albert Embankment, London SE1 75R.
Notes: [1] 1995 c. 21.back [2] S.I. 1982/841.back [3] S.I. 1988/1910.back [4] Cmnd. 4332.back [5] S.I. 1968/1053, amended by 1970/1003, 1975/1267, 1980/641.back [6] S.I. 1980/535, to which there are amendments not relevant to these Regulations.back [7] S.I. 1984/1216, to which there are amendments not relevant to these Regulations.back [8] Cmnd. 5748.back [9] Cmnd. 7347.back [10] Cmnd. 7814.back [11] Cmnd. 7346.back [12] Cmnd. 9266.back
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