Merchant Shipping (Pleasure Yachts Carrying Passengers) Regulations

MERCHANT SHIPPING (PLEASURE YACHTS CARRYING PASSENGERS) PUBLISHING DETAILS Arrangement of Regulations MERCHANT SHIPPING (PLEASURE YACHTS CARRYING PASSENGERS) REGULATIONS, Arrangement of Regulations Regulation FORM OF THE CAYMAN ISLANDS PRIVATE PASSENGER YACHT SAFETY CERTIFICATE, THE CAYMAN ISLANDS FORM P(CI) (RECORD OF EQUIPMENT) AND THE CAYMAN ISLANDS STATEMENT OF OPERATIONAL LIMITATIONS Regulation 1 MERCHANT SHIPPING (PLEASURE YACHTS CARRYING PASSENGERS) REGULATIONS, The Governor, in exercise of the powers conferred on him by sections 173(1), 205(1) and 463 of the Merchant Shipping Law (2008 Revision), makes the following Regulations — Citation These Regulations may be cited as the Merchant Shipping (Pleasure Yachts Carrying Passengers) Regulations, 2011. Definitions In these Regulations — “Administration” means MACI; “Chief Executive Officer” means the Chief Executive Officer of MACI appointed under section 9 of the Maritime Authority Law (2008 Revision); “crew” means any person engaged in the working, operation or business of the ship in any capacity whatsoever and includes the master; “gross tonnage” means the gross tonnage as determined under the International Convention on Tonnage Measurement of Ships, 1969, as amended, or under any regulations relating to tonnage measurement made under the Law, as the case may be and where a ship has alternative gross tonnages, means the larger of those tonnages; Regulation 3 “in commercial use” means engaged in trade and in relation to pleasure yachts to which these Regulations apply a pleasure yacht is engaged in trade if it is not a pleasure vessel within the meaning of section 2 of the Law; “Law” means the Merchant Shipping Law (2008 Revision); “load line length” means the length of a ship as defined in the International Convention on Load Lines, 1966, as amended; “LSA Code” means the International Life-Saving Appliance (LSA) Code adopted by the Maritime Safety Committee of the IMO by Resolution MSC.48(66), as amended by Resolutions MSC.207(81), MSC.218(82) and MSC.272(85), as it may be further amended by the IMO; “MACI” means the Maritime Authority of the Cayman Islands and is the Maritime Authority established under section 3 of the Maritime Authority Law- (2008 Revision); “Passenger Yacht” means a pleasure yacht engaged in trade carrying more than 12 but not more than 36 passengers; “Passenger Yacht Code” or “PY Code” means the Code entitled “A Code of Practice for Yachts Carrying 13 to 36 Passengers”, published by or on behalf of the United Kingdom and Maritime and Coastguard Agency of the United Kingdom, or such other Code as may be prescribed in substitution therefor; “pleasure vessel” has the meaning assigned to it under section 2 of the Law; “pleasure yacht” includes a pleasure vessel and any vessel to which the Merchant Shipping (Vessels in Commercial Use for Sport or Pleasure) Regulations, 2002, or any amendments thereto or replacements thereof, apply; “prescribed international voyage” means an international voyage during the course of which a ship is not more than 200 nautical miles from a port or place in which the passengers and crew could be placed in safety and within a geographical area which limits the length of the voyage to a maximum of 1000 nautical miles from the initial point of departure as specified in any Certificate issued in accordance with the PY Code with respect to the ship; “Private Passenger Yacht” means a private pleasure vessel carrying more than 12 but not more than 36 passengers; “PY 2 Area” means an area within 60 nautical miles of a safe haven and not more than 20 nautical miles from land in weather conditions not exceeding wind force 6 and sea state 5 on Beaufort scale; and “Safety Convention” means the International Convention for the Safety of Life at Sea, 1974 and its Protocols of 1978 and 1988, together with such amendments thereof or replacements therefor as may be in effect in respect of the Islands. Regulation 3 Application (1) Subject to subregulation (2), these Regulations apply to — (a) Private Passenger Yachts; and (b) Passenger Yachts, which are, or are intended to become, Cayman Islands ships. (2) Yachts to which these Regulations apply that comply with the relevant Merchant Shipping Regulations or international Conventions which would have otherwise applied if the vessels were not in compliance with the PY Code referred to in these Regulations shall be deemed to be in compliance with these Regulations. (3) Yachts to which these Regulations apply shall comply with the applicable provisions of the PY Code. (4) Where the provisions of the PY Code have been applied to a vessel under this regulation, and in respect of which appropriate certificates have been issued in accordance with the PY Code, then the provisions of relevant Merchant Shipping Regulations that would otherwise apply to the vessel shall not apply. (5) Where a provision of the PY Code is expressed in the conditional (i.e., “should”), it shall be construed as a mandatory requirement, unless otherwise explicitly provided for in the Code. Categories of passenger yachts, certification and areas of operation (1) For the purposes of these Regulations the categories of pleasure yacht carrying passengers and the Passenger Ship Certificates and related documentation to be issued to them shall be as set out in the Table. (2) The form of the Cayman Islands Private Passenger Yacht Safety Certificate, the Cayman Islands Form P (CI) (Record of Equipment) and the Cayman Islands Statement of Operational Limitations (CI) shall be as given in the Regulation 5 TABLE TYPE OF YACHT PY CODE CATEGORY GEOGRAPHICAL AREA OF OPERATION DAMAGED STABILITY STANDARDS APPLICABLE. MAXIMUM NO. OF PERSONS SURVIVABILITY CERTIFICATION TO BE ISSUED UPON COMPLIANCE1 M. in Length M. in Length Private Yacht. Pleasure Vessel not Engaged in Trade Unlimited Area2 D3 P4 NA (a) Cayman Islands Private Passenger Yacht Safety Certificate; (b) Cayman Islands Form P(CI) (Record of Equipment); and (c) Cayman Islands Statement of (CI). Yacht. Unrestricted (Engaged in Trade) Unlimited Area2 D --- (a) Safety Convention Passenger Ship Safety Certificate; (b) Form P (Record of Equipment); (c) Ship Exemption Certificate where applicable; and (d) Statement of --- Yacht. PY1 Prescribed Internation al Voyage D Yacht. PY2 PY 2 Area D N/A 1 Where Safety Convention Certification is issued, this means in compliance with the Passenger Yacht Code as an equivalence to the SOLAS Convention. 2 Unlimited Area does not include the Polar Regions; in all cases vessels which do not carry life boats are not permitted to operate in Polar Regions. 3 Means Deterministic Methods of ascertaining Damaged Stability. 4 Means Probabilistic Methods of ascertaining Damaged Stability. Maximum number of persons to be carried (1) Subject to subregulations (2), (3) and (4), the maximum total number of persons to be carried in any vessel to which these Regulations apply shall not exceed 99, inclusive of passengers, crew and any other personnel, including any persons carried on a temporary basis. Regulation 6 (2) The maximum number of persons to be carried in a Passenger Yacht Unrestricted, where the damaged stability standards are determined by the Maximum number of persons to be carried probabilistic method and the vessel is over 80 metres in length shall not exceed 50, inclusive of passengers, crew and any other personnel; but the Chief Executive Officer may permit a higher number of persons, up to a maximum of 99, to be carried where he is satisfied that it is safe to do so taking into account any enhanced safety standards which the vessel meets. (3) The total number of passengers carried shall never exceed 36. (4) The total number of persons carried may, on application, be increased to 120 persons if — (a) the yacht is fitted with approved lifeboats, davits and launching arrangements in accordance with the Safety Convention; and (b) a medical doctor is carried. Issuance, carriage of and compliance with Certificates (1) Where a vessel to which these Regulations apply has been surveyed in accordance with the PY Code and is found to comply with the applicable requirements of the Code (including any requirements as to operation, manning and maintenance) then the vessel shall be issued with the appropriate Certificate or Certificates referred to in regulation 4. (2) Where a vessel has been surveyed and issued with an appropriate Certificate or Certificates in accordance with subregulation (1), that vessel shall not be operated unless — (a) the certificates are currently in force; (b) the vessel complies with the requirements of the PY Code and the Certificates, including the maximum number of persons to be carried; and the Certificates are displayed in some conspicuous place on board, or, if this is not reasonably practicable, are readily available for inspection on board. Surveys for and periods of validity of Certificates issued (1) With respect to a Safety Convention Passenger Ship Safety Certificate issued in accordance with the provisions of these Regulations — (a) the surveys to be carried out; (b) the period of validity; the renewal, time frame for renewal surveys and subsequent period of validity; and (d) any extensions to a Certificate, Regulation 7 shall be in accordance with the relevant provisions of the PY Code and the Safety Convention. (2) With respect to a Cayman Islands Private Passenger Yacht Safety Certificate, issued in accordance with the provisions of these Regulations — (a) the surveys to be carried out; (b) the periods of validity; the renewal, time frame for renewal surveys and subsequent periods of validity; and (d) any extensions to a Certificate, shall be in accordance with the provisions of subregulations (3) to (5). (3) The surveys to be carried out under subregulation (2) shall be as follows — (a) an initial survey, before the ship is put in service, which shall include a complete inspection of its structure, machinery and equipment, including the outside of the ship’s bottom and the inside and the outside of the boilers, and shall be such as to ensure that the arrangements, material and scantlings of the structure, boilers and other pressure vessels and their appurtenances, main and auxiliary machinery, electrical installation, radio installations including those used in lifesaving appliances, fire protection, fire safety systems and appliances, life-saving appliances and arrangements, shipborne navigational equipment, nautical publications, means of embarkation for pilots, lights, shapes, means of making sound and distress signals and other equipment fully comply with the relevant regulations applicable to the ship, are in a satisfactory condition, are fit for the service for which the ship is intended and that the workmanship of all parts of the ship and its equipment is in all respects satisfactory; (b) a renewal survey, before the Cayman Islands Private Passenger Yacht Safety Certificate may be renewed, which shall include an inspection of the ship’s structure, machinery and equipment referred to in paragraph (a) to ensure that they comply with the relevant regulations applicable to the ship, are in a satisfactory condition, are fit for the service for which the ship is intended and that the workmanship of all parts of the ship and its equipment is in all respects satisfactory; and an additional survey, either general or partial, according to the circumstances, to be made after repairs are made resulting from an investigation into an accident to the ship, or whenever any repairs or renewals are undertaken which could materially affect the safety and condition of the ship, and such additional survey shall be such as to ensure that the necessary repairs or renewals have been effectively made, that the material and workmanship of such repairs or renewals are in all Regulation 7 respects satisfactory and that the ship complies in all respects with the relevant regulations applicable to the ship. (4) The periods of validity and renewal survey time frames referred to in subregulation (2) shall be as follows — (a) subject to paragraphs (b) and (c), a Cayman Islands Private Passenger Yacht Safety Certificate shall be issued for a period of validity not exceeding twelve months from the date of completion of the initial survey or the expiry of the existing certificate; (b) where a renewal survey is completed within three months of the expiry date of the existing Certificate, the new Cayman Islands Private Passenger Yacht Safety Certificate shall be dated from the date of completion of the renewal survey to a date not exceeding twelve months from the date of expiry of the existing Certificate; and where a renewal survey is completed more than three months prior to the expiry date of the existing Certificate, the new Cayman Islands Private Passenger Yacht Safety Certificate shall be valid from the date of completion of the renewal survey to a date not exceeding twelve months from that completion date. (5) The extensions permitted under subregulation (2) shall be as follows — (a) where a Cayman Islands Yacht, at the time when a Cayman Islands Private Passenger Yacht Safety Certificate issued under these Regulations expires, is not in a port in the Islands or the port in which the renewal survey is to be carried out, the Chief Executive Officer may extend the period of validity of the Certificate, but — (i) this extension shall be granted only for the purpose of allowing the ship to complete its voyage to a port in the Islands or the port in which it is to be surveyed, and then only in cases where it appears proper and reasonable to do so; (ii) no certificate shall be extended for a period longer than three months; (iii) the ship to which the extension is granted shall not, on its arrival in a port in the Islands or the port in which it is to be surveyed, be entitled by virtue of the extension to leave that port or the Islands without having obtained a new certificate; and (iv) when the renewal survey is completed the new Certificate shall be valid to a date not exceeding twelve months from the date of expiry of the existing Certificate before the extension was granted; and (b) where a renewal survey has been completed and a new Cayman Islands Private Passenger Yacht Safety Certificate cannot be issued or placed on board the ship before the expiry date of the existing certificate, the Chief Regulation 8 Executive Officer may endorse the existing certificate and such a certificate shall be accepted as valid for a further period which shall not exceed five months from the expiry date. Exemption Certificate (1) Where an Exemption is granted to a ship in accordance with the relevant provisions of the PY Code or the relevant Conventions applicable to the ship, a certificate called an Exemption Certificate or a Cayman Islands Exemption Certificate, as the case may be, shall be issued in addition to any Certificate issued under regulations 4 and 6. (2) An Exemption Certificate shall be issued for a period of validity that is not longer than the period of validity of the Certificate to which it refers. (3) An Exemption Certificate shall be subject to the same extension and other provisions as the Certificate to which it refers. (4) Where an Exemption Certificate has been issued, a statement to this effect shall be included on the Certificate to which it refers. Equivalent provisions Where these Regulations or a Code require that a particular piece of equipment or machinery shall be provided or carried in a vessel to which these Regulations apply, or that any particular provision shall be made, the Chief Executive Officer may permit any other piece of equipment or machinery to be provided or carried or any other provision to be made in that vessel if he is satisfied that such other piece of equipment or machinery, or provision is at least as effective as that required by these Regulations or the PY Code. Acceptance of results of verifications and tests

For the purposes of these Regulations, the Chief Executive Officer may accept the results of verifications and tests carried out by the bodies and laboratories of States offering suitable guarantees of technical and professional competence and independence to the satisfaction of the Chief Executive Officer. Offences

(1) Where the owner and master of a vessel contravene these Regulations they each commit an offence and are severally liable upon conviction to a fine of fifty thousand dollars. (2) It shall be a defence to a charge under this regulation to prove that the person charged took all reasonable steps to avoid commission of the offence. Power to detain

In any case where a vessel does not comply with the requirements of these Regulations, the vessel shall be liable to be detained and section 444 of the Law Regulation 12 shall have effect in relation to the vessel, subject to the modification that for the words “this Law” wherever they appear in that section, there are substituted the words “the Merchant Shipping (Pleasure Yachts Carrying Passengers) Regulations, regulation 4 FORM OF THE CAYMAN ISLANDS PRIVATE PASSENGER YACHT SAFETY CERTIFICATE, THE CAYMAN ISLANDS FORM P(CI) (RECORD OF EQUIPMENT) AND THE CAYMAN ISLANDS STATEMENT OF OPERATIONAL LIMITATIONS Insert Official Crest CAYMAN ISLANDS PRIVATE PASSENGER YACHT SAFETY CERTIFICATE (This Certificate shall be supplemented by a Record of Equipment (Form P(CI)) Issued under the provisions of REGULATION 6 OF THE MERCHANT SHIPPING (PLEASURE YACHTS CARRYING PASSENGERS) REGULATIONS 2011* AND OF THE CODE OF PRACTICE FOR YACHTS CARRYING 13 TO 36 PASSENGERS (hereinafter referred to as “the PY Code”) (*hereinafter referred to as “the Regulations”), under the authority of the Government of the Cayman Islands by THE CAYMAN ISLANDS SHIPPING REGISTRY Of THE MARITIME AUTHORITY OF THE CAYMAN ISLANDS PARTICULARS OF SHIP: TYPE OF SHIP PRIVATE PASSENGER YACHT DISTINCTIVE NUMBERS OR LETTERS WHERE IMO NUMBER NOT ASSIGNED PORT OF REGISTRY SEA AREAS IN WHICH SHIP IS CERTIFIED TO OPERATE (Regulation 4) GROSS TONNAGE LENGTH OF SHIP (Section 1.3 of the PY Code) DATE OF BUILD1 Date of building contract Date on which keel was laid or ship was at similar stage of construction Date of delivery Date on which work for a conversion or an alteration or modification of a major character was commenced (where applicable) ____________________________ 1 All applicable dates shall be completed. CERTIFICATION: THIS IS TO CERTIFY- That the ship has been surveyed in accordance with the requirements of regulation 7(3) of the Regulations. That the survey showed that- (a) the ship complied with the requirements of the PY Code as regards: (i) the structure, main and auxiliary machinery, boilers and other pressure vessels; (ii) the watertight subdivision arrangements and details; and (iii) the following subdivision load lines, Subdivision load lines assigned and marked on the ship’s side amidships (section 4.20 of the PY Code)2 Freeboard To apply when the spaces in which passengers are carried include the following alternative spaces P.1 / C.1 P.2 / C.2 P.3 / C.3 (b) the ship complied with the requirements of the PY Code as regards structural fire protection, fire safety systems and appliances and fire control plans; (c) the life-saving appliances and the equipment of the lifeboats, liferafts and rescue boats were provided in accordance with the requirements of the PY Code; (d) the ship was provided with a line-throwing appliance and radio installations used in life-saving appliances in accordance with the requirements of the PY Code; (e) the ship complied with the requirements of the PY Code as regards radio installations; (f) the functioning of the radio installations used in life-saving appliances complied with the requirements of the Code; (g) the ship complied with the requirements of the PY Code as regards shipborne navigational equipment, means of embarkation for pilots and nautical publications; (h) the ship was provided with lights, shapes, means of making sound signals and distress signals in accordance with the requirements of 2 Delete as appropriate. the PY Code and the International Regulations for Preventing Collisions at Sea in force; (i) in all other respects the ship complied with the relevant requirements of the PY Code; (j) the ship was/was3 not subjected to an alternative design and arrangements in pursuance of section 6.15 of the PY Code; and (k) a Document of approval of alternative design and arrangements for fire safety is/is not/ appended to this Certificate. That an Exemption Certificate has/has4 not been issued. Completion date of the survey on which this certificate is based: THIS CERTIFICATE IS VALID UNTIL: ISSUED AT: DATE OF ISSUE: DATE: PLACE: ENDORSEMENTS OF CERTIFICATE: ENDORSEMENT WHERE THE RENEWAL SURVEY HAS BEEN COMPLETED AND REGULATION 7 (5)(B) OF THE REGULATIONS APPLIES: _________________________ PLACE: DATE: The ship complies with the relevant requirements of the PY Code, and this certificate shall, in accordance with regulation 7 (5)(b) of the Regulations be accepted as valid until DATE: ………………………… ENDORSEMENT TO EXTEND THE VALIDITY OF THE CERTIFICATE UNTIL REACHING THE PORT OF SURVEY OR FOR A PERIOD OF GRACE WHERE REGULATION 7 (5)(B) OF THE REGULATIONS APPLIES: The ship complies with the relevant requirements of the PY Code, and this certificate shall, in accordance with regulation 7 (5)(b) of the Regulations be accepted as valid until DATE: ………………………… PLACE: RECORD OF EQUIPMENT FOR THE PRIVATE PASSENGER YACHT SAFETY CERTIFICATE (FORM P (CI)):

PARTICULARS OF SHIP: DISTINCTIVE NUMBERS OR LETTERS WHERE IMO NUMBER NOT ASSIGNED NUMBER OF PASSENGERS FOR WHICH CERTIFIED MINIMUM NUMBER OF PERSONS WITH QUALIFICATIONS TO OPERATE THE RADIO INSTALLATIONS

DETAILS OF LIFE SAVING APPLIANCES: (a) Total number of persons for which life-saving appliances are provided: Port Starboard (b) Total number of lifeboats: (i) Total number of persons accommodated by them: (ii) Number of partially enclosed lifeboats (section 7.21 of the PY Code and Section 4.5 of the LSA Code; (iii) Number of totally enclosed lifeboats (section 7.21 of the PY Code and Section 4.6 of the LSA Code; (iv) Other lifeboats: o Number: o Type: (c) Number of motor lifeboats included in the total lifeboats shown above: (i) Number of lifeboats fitted with searchlights: (d) Number of rescue boats: (i) Number of boats which are included in the total lifeboats shown above: (e) Liferafts: (i) Those for which approved launching appliances are o Number of liferafts: o Number of persons accommodated by them: (ii) Those for which approved launching appliances are not o Number of liferafts: o Number of persons accommodated by them: (f) Number of lifebuoys: (g) Number of lifejackets: (h) Immersion suits: (i) Total Number: (i) Number of suits complying with the requirements for lifejackets: (j) Number of thermal protective aids: (j) Radio installations used in life-saving appliances: (i) Number of search and rescue locating devices: oAIS Search and rescue transponders (AIS- SART): o Number of two-way VHF radiotelephone apparatus: (ii) Number of two-way VHF radiotelephone apparatus:

DETAILS OF RADIO FACILITIES: ITEM Actual Provision (a) Primary systems: (i) VHF radio installation: (ii) MF radio installation (iii) MF/HF radio installation: o Direct-printing radiotelegraphy: (iv) INMARSAT ship earth station: (b) Secondary means of alerting: (c) Facilities for reception of maritime safety information: (i) NAVTEX receiver: (ii) EGC receiver: (iii) HF direct-printing radiotelegraph receiver: (d) Satellite EPIRB: (i) COSPAS-SARSAT: (ii) INMARSAT: (e) VHF EPIRB: (f) Ship’s radar transponder:

METHODS USED TO ENSURE AVAILABILITY OF RADIO FACILITIES: (As per Safety Convention, Chapter IV, Regulations 15.6 and 15.7) (a) Duplication of equipment* (b) Shore-based maintenance* (c) At-sea maintenance capability*

DETAILS OF NAVIGATIONAL SYSTEMS AND EQUIPMENT: (a) Compasses Etc.: (i) Standard magnetic compass: (ii) Spare magnetic compass: (iii) Gyro-compass: (iv) Gyro-compass heading repeater: (v) Gyro-compass bearing repeater: (vi) Heading or track control system: (vii) Pelorus or compass bearing device: (viii) Means of correcting heading and bearings: (ix) Transmitting heading device (THD): (b) Charts and related items: (i) Nautical charts/Electronic chart display and information system (ECDIS):* (ii) Back up arrangements for ECDIS: (iii) Nautical publications: (iv) Back up arrangements for electronic nautical (v) Receiver for a global navigation satellite system/terrestrial radionavigation system:* (c) Radar: (i) GHz radar: (ii) Second radar (3 GHz/9 GHz*): (iii) Automatic radar plotting aid (ARPA): (iv) Automatic tracking aid: (v) Second automatic tracking aid: (vi) Electronic plotting aid: (d) Tracking and Identification Systems: (i) Automatic identification system (AIS): (ii) Long-range identification and tracking system: (e) Voyage data recorder (VDR): (f) Speed and Distance Measuring Equipment: (i) Speed and distance measuring device (through the (ii) Speed and distance measuring device (over the ground in the forward and athwartship direction): (g) Echo-sounding device: (h) Manoeuvering Indicators: (i) Rudder, propeller, thrust, pitch and operational mode indicator: (j) Rate-of-turn indicator: (k)Sound reception system: (l) Telephone to emergency steering position: (m) Daylight signalling lamp: (n) Radar reflector: (o) International Code of Signals: Bridge Navigational Watch Alarm System (BNWAS): THIS IS TO CERTIFY that this Record is Correct in all Respects: ISSUED AT: DATE OF ISSUE: DATE: PLACE: CAYMAN ISLANDS PRIVATE PASSENGER YACHT STATEMENT OF Issued under the provisions of the Code of Practice for Yachts Carrying 13 to 36 Passengers (hereinafter referred to as “the PY Code”) and the International Convention for the Safety of Life at Sea, 1974, as modified by the protocol of 1988 relating thereto (hereinafter referred to as the Safety Convention) under the authority of the Government of the Cayman Islands by the Cayman Islands Shipping Registry of the Maritime Authority of the Cayman Islands. PARTICULARS OF THE SHIP DISTINCTIVE NUMBERS OR LETTERS WHERE IMO NUMBER NOT ASSIGNED PORT OF REGISTRY GROSS TONNAGE In accordance with section 8.3 of the PY Code and Regulation 30 of Chapter V of the Safety Convention, the above named vessel is subject to the following limitations: Exemptions: Restrictions in Operating Areas: Weather Restrictions: Sea State Restrictions: Restrictions in Permissible Loads: Trim Restrictions: Speed: Other Limitations: This list of Operational Limitations should be appended to the Cayman Islands Private Passenger Yacht Safety Certificate, which should be available to the master and other duly authorised officers. Made in Cabinet the 19th day of July, 2011. Meredith Hew Acting Clerk of the Cabinet DATE: PLACE: DATE OF ISSUE: ISSUED AT: THIS STATEMENT OF OPERATIONAL LIMITATIONS IS VALID UNTIL: