24 meter yacht regulations

Search forums
Motor Boat Forum

ICC: What's the actual 24m limit?

Thread starter Balearick
Start date 13 Sep 2011
13 Sep 2011

I am looking to upgrade my boat soon(ish) and my choice is down to 2 boats, one just under the ICC 24m length limit at 22.5 (74ft) and one a tad over at 28.6m (94ft). I really like the 28.6m boat but I only hold an ICC "up to 24m" - so that means I'd have to get a Yachtmaster Coastal... or does it... What exactly is the length that is measured for the license purpose? Is it overall anchor to end-of-swim-platform, gun rail to transom, or the hull at waterline length? I'm rather hoping someone will say "hull at waterline" so I can get away with just my 24m ICC... I so hate courses and tests.

YM Coastal and Offshore is the same 24m/200grt limit, I think...

Imperial One

Active member.

Wiggo said: YM Coastal and Offshore is the same 24m/200grt limit, I think... Click to expand...

oceanfroggie

Well-known member.

Does the length limit not only apply to "commercial" vessels once under the weight?

The 24m is complex. It is "load line length", which is neither LOA nor w/l length I have read the rules many times but do not fully understnad them, and i have never met a surveyor who does. Plenty claim to, but cannot fit their claims to the exact words of the rules. The rules say LLL is the greater of: (i) 96% of the total length on a waterline at 85% of the least moulded depth measured from the top of the keel, and (ii) the length from the foreside of the stem to the axis of the rudder stock on that waterline. As a matter of English language, I don't know what "least moulded depth" is. i can guess, but that isn't the same. The words do not convey a precise meaning that I can see. I therefore interpret (i), with caution, as 96% of w/l length. (ii) is similarly hard to be sure about, but I take it as 96% of w/line length measured only as far back as the rudder stock, and therefore not relevant to mobos usually becuase (i) will generally trump it So (i) is the test, 96% of w/l length BUT the word "length" also carries its own definition, and helpfully it is: "the overall length from the foreside of the foremost fixed permanent structure to the aftside of the aftermost fixed permanent structure of the vessel". So you exclude swim platform, pulpits, davits, rubbing strakes, etc. Several manufacturers make the front nosecone of a mobo removeable to take a metre off the "length". Ferretti 830 does this, for example. You need to examine the boat carefully. HOWEVER, if LLL is measured only on a waterline, why would they go to the trouble of making a removeable nosecone? And why do the rules specifically tell you not to count the pulpit? VERY hard to fathom... The text of the rules is at pp 22 and 23 of this doc but as i say be careful to distinguish between guesses and reasoned interpetation Anyway, 94 foot is borderline. It can be done, but not all builders will do it. Sunseeker are good at it, and iirc (I might be wrong) even got the 105 below 24m LLL. Tell us the model of boat for more info or at least some guesses, but if you are right on the borderline do not just beleive what anyone tells you becuase the rules are complex and many surveyors probably don't know either. Good luck!

jfm said: The 24m is complex. It is "load line length", which is neither LOA nor w/l length I have read the rules many times but do not fully understnad them, and i have never met a surveyor who does. Plenty claim to, but cannot fit their claims to the exact words of the rules. The rules say LLL is the greater of: (i) 96% of the total length on a waterline at 85% of the least moulded depth measured from the top of the keel, and (ii) the length from the foreside of the stem to the axis of the rudder stock on that waterline. As a matter of English language, I don't know what "least moulded depth" is. i can guess, but that isn't the same. The words do not convey a precise meaning that I can see. I therefore interpret (i), with caution, as 96% of w/l length. (ii) is similarly hard to be sure about, but I take it as 96% of w/line length measured only as far back as the rudder stock, and therefore not relevant to mobos usually becuase (i) will generally trump it So (i) is the test, 96% of w/l length BUT the word "length" also carries its own definition, and helpfully it is: "the overall length from the foreside of the foremost fixed permanent structure to the aftside of the aftermost fixed permanent structure of the vessel". So you exclude swim platform, pulpits, davits, rubbing strakes, etc. Several manufacturers make the front nosecone of a mobo removeable to take a metre off the "length". Ferretti 830 does this, for example. You need to examine the boat carefully. HOWEVER, if LLL is measured only on a waterline, why would they go to the trouble of making a removeable nosecone? And why do the rules specifically tell you not to count the pulpit? VERY hard to fathom... The text of the rules is at pp 22 and 23 of this doc but as i say be careful to distinguish between guesses and reasoned interpetation Anyway, 94 foot is borderline. It can be done, but not all builders will do it. Sunseeker are good at it, and iirc (I might be wrong) even got the 105 below 24m LLL. Tell us the model of boat for more info or at least some guesses, but if you are right on the borderline do not just beleive what anyone tells you becuase the rules are complex and many surveyors probably don't know either. Good luck! Click to expand...

Balearick said: The boat is a Couach 2800 Open. LOA 28.60m. Couach says "Hull length: 26.60m" meaning (I guess) the swim platform is 2m. If I interpret your definition of LLL a bit loosely and hope the police in the Med would too I can possibly squeeze 28.60m LOA to fit 24m LLL... I'm reading that doc now. Click to expand...

14 Sep 2011

smee said: Actually its 200grt with no length limit for YM Offshore (and probably the Coastal too!). Click to expand...

jfm said: Lovely boat! Yup, applying some sensible guesswork and scaling the website drawings the swim platform and pulpit together are 2m so the hull is 26.6 Then you have the "85%" rule. I think (not 1005 sure, and wording isn't clear) this means you look at the boat in profile, find the lowest point of the deep V keel (which you have to guess, becuase the u/w is not shown on the website) then from there you go upwards to 85% of the way to the lowest gunwhale (aka "least moulded depth"). Now, you want the gunwhale to be as low as poss for this test. You might get surveyor to accept it is where the scuppers are, where the top of the blue paint joins the white on the web picm mainly because if you have open transom gates (tube construction I mean) that must be the right answer. Let's suppose the gunwhale is indeed there. 85% then seems to me to remove another 1.5-1.8m of length based on the angle of the stem, but not 2.6m. Ergo the boat looks >24m LLL to me It therefore needs a removeable nosecone a la Ferretti to achieve <24m, but afaik Couach don't do that trick. Hence if you need it to be <24m I would check very carefully before contracting to buy it. Click to expand...

Balearick said: Great stuff, thanks! I have a lot of variables that need to fall into place before buying this particular Couach boat, the biggest one being that the vendor's agent just told me this morning there's another offer on it (didn't say whether it was acceptable though, he's trying to hurry me up but I can't hurry on this one). I'll try asking my insurance company (Seippel and Light) about it, make sure they'll insure me to skipper it with my ICC. If I lose this 2800 Open I'll be sad but it's not the end of the world as my other choice is a Squadron 74, which I'm sure you'll agree is a great choice and no ICC issues there... (I can't actually afford a new Squadron 74 so it's going to have to be a 2005/6/7-something) Click to expand...

Wiggo said: Jfm, if you do go over the limit, what certificates do you require, do you know? I'm guessing it depends on country of flagging, country of operation and nationality of skipper. For example, a British flagged 28m boat with a British skipper based in SoF... Click to expand...

I found this www.dft.gov.uk/mca/msn_1792_edition_2.pdf really informative when i was looking at how many crew were required and licencing requirements for yachts over 24m. I think it is mainly commercial stuff but does reference "Yachts for pleasure only".

15 Sep 2011

jfm said: But reference my post above, I think i forgot the 96% factor. If you apply the guesswork in my post, the hull is 26.6, then you knock off 1.5m-1.8m at the stem becuase you're measuring along a waterline that is 85% of the way up from the keel to the transom gate openings. That's say 25.0m. THEN you multiply by .96, which I forgot to do, and that gets you to 24. Hey presto. Now, when you're that close, you can be pretty sure the shipyard have made sure it is 23.99. No shipyard in its right mind would build a boat 24.1 or 24.2. So I'm feeling much more hopeful that Balearick's Couach is indeed <24m LLL. Seems to stand to reason to me So go for it Balearick! Click to expand...

Not wishing to rain on your parade, but that info is confusing. The Gross Tonnage is calculated on volume ( http://en.wikipedia.org/wiki/Gross_tonnage ) If you use a really simple model of a 24m hull then it is made up of half a cylinder, 6m in diameter and 16m long (the bulk of the hull) with half an 8m cone on the front. Add to that a 1m thick triangular wedge at the front (above the half cone) and a rectangular slab 16m x 6m x 1m high to represent the rest of the superstructure. That comes out to a volume of 610 cubic metres. Applying the formula from Wikipedia, V=610 and K=0.255, so the Gross Tonnage for a rather crudely modelled 24 m boat is approximately 156 tonnes.

16 Sep 2011

Doug_Stormforce

Balearick None of my business, but your shortlist is unusual to say the least. There's a world of difference between a 28m hardtop with surface drives and a 22m flybridge with shafts, and they would normally be bought by different types of buyers wanting different things from their boating. If the Coauch is the type of boat you really want, but you miss out on the one you're looking at, then why not look for a similar boat like a Leopard, Mangusta, etc, or even a SS Predator?

Aha! Found it at last. The following is from the RYA website: The standard commercial endorsement allows you work on board British flagged vessels subject to the MCA's codes of practice for small commercial vessels. The following wording would appear on your certificate: For Yachtmaster Offshore and Yachtmaster Ocean Certificates of Competence: This certificate is valid for use as a Master of yachts of up to 200gt on commercially and privately registered yachts until (date of expiry). For Powerboat Level 2, Powerboat Advanced, Day Skipper and Yachtmaster Coastal Certificates of Competence: Valid for vessels of up to 24 metres in length used for commercial purposes subject to the codes of practice issued by the MCA until (date of expiry). These only relate to the commercial endorsements, which implies that there is no limit for private pleasure use, but that's UK regulations only. The regular (non-commercial) YM Coastal and Offshore exams just get you an RYA certificate with no mention of restrictions. The ICC merely states that you have reached a minimum standard of competence as recognised by the RYA, but it is up to the other country as to whether they choose to recognise it. So if you are over 24m and British flagged, I guess to avoid the possibility of falling foul of local laws you would need a commercial endorsement on a YM Offshore. And that only covers you to 200gt - anything over 200gt and you are into MCA Officer of the Watch, Chief Mate or Master quals.

For Powerboat Level 2, Powerboat Advanced, Day Skipper and Yachtmaster Coastal Certificates of Competence: Valid for vessels of up to 24 metres in length used for commercial purposes subject to the codes of practice issued by the MCA until (date of expiry). Interesting thread. Smallish drift though : Thought RYA PB2 and the accompanying ICC obtained from it only covered up to 10m? I'm sure that's what it states on mine, although not had it out of the drawer for many a moon.

Other threads that may be of interest

10 Feb 2024
Practical Boat Owner's Reader to Reader

14 Feb 2024

Members online

Slipstream 34
Jackknifejohnny
samfieldhouse
Fr J Hackett
Charlie Boy
andrewbarker
john_morris_uk
laurie the sailer
Chiara’s slave

Share this page

What Size Yacht Requires a Crew? (For Different Lengths)

While smaller yachts can be operated by a single person, larger yachts require a trained crew to operate them safely. Different types of yachts also have different crew needs, which can depend on the yacht's size, features, and intended use. In this article, we'll let you know what size yacht requires a crew, and how many crew are needed for different types and lengths of yacht.

Yachts that are over 30 feet in length require a crew to operate them safely. A yacht that is 100 feet in length requires a crew of at least four to six people, including a captain, engineer, stewardess, and deckhand. Meanwhile, yachts that are under 30 feet in length can be operated by a single person.

Recreational yachts are typically smaller and used for leisure activities like fishing, cruising, and water sports. Since these yachts are usually 30 feet or smaller, they can be operated by a single person without a crew. Let's see how many crew members are needed for other types of yachts.

If the yacht is under 30 feet and is being used for recreational cruising, a crew of two is usually sufficient.
A 90-foot yacht with multiple decks and luxury amenities may require a crew of 8–12 people, including a captain, first mate, chef, stewardess, and deckhand.
For sailing yachts between 30 and 50 feet, a crew of four to six is typically required.
A small superyacht may have a crew of around 20 people, while a larger one may require a crew of 50 or more.
The cost of hiring a full-time yacht crew can range from $50,000 to $200,000 per crew member per year.

Crew size for yachts under 30 feet

Yachts that are under 30 feet in length are generally small enough to be operated by a single person. However, you still need to have some experience and knowledge of boating to operate them safely. It is also recommended to have at least one additional person on board for safety reasons.

If the yacht is being used for recreational cruising, a crew of two is usually sufficient. You may also need to obtain a recreational boating license depending on your location.

Not sure how to get a boating license? Find which state you're in and get a boating license here.

Crew size for yachts between 30 and 75 feet

Yachts that are between 30 and 75 feet in length may require a crew. These yachts are designed to be operated by a small crew or a couple, with one person serving as captain and the other as crew.

If you have experience and the yacht has upgraded features like autopilot, you may be able to captain your own yacht without a crew. However, if you are new to yachting or the yacht has more advanced features, you may need to hire a crew.

For recreational cruising, a crew of two to four people is usually sufficient . For larger yachts, there may be additional crew members such as a chef, stewardess, or engineer.

Crew size for yachts over 75 feet

Yachts that are over 75 feet in length generally require a crew to operate them safely. The exact number of crew members you will be based on the size and features of the yacht.

A 90-foot yacht with multiple decks and luxury amenities may require a crew of 8-12 people, including a captain, first mate, chef, stewardess, and deckhand.
A 100-foot yacht with advanced navigation and communication systems may require a crew of 10-15 people, including a captain, engineer, deckhand, chef, stewardess, and possibly a security officer.
A 120-foot yacht with a helicopter pad, swimming pool, and other high-end features may require a crew of 12-20 people, including a captain, engineer, deckhand, chef, stewardess, helicopter pilot, and other specialized staff as needed.

Crew size for yachts over 300 feet

Bigger yachts require more crew members because they tend to be more complex and have more systems and equipment that need to be maintained and operated. Additionally, larger yachts typically have more amenities and features that require specialized staff, such as spa therapists, dive instructors, and security personnel.

A yacht that is 300 feet or more in length may have multiple decks, a helipad, a swimming pool, a movie theater, a gym, and other luxurious amenities that require a larger crew to operate and maintain.

In addition, larger yachts may require more crew members to ensure the safety of the guests and the vessel, especially when navigating in challenging waters or during adverse weather conditions. Larger yachts also often provide a higher level of service, which requires more crew members to ensure that every guest's needs are met.

Different types of yachts have different crew needs, which can depend on the yacht's size, features, and intended use. Here's what you need to know about yacht types and their crew needs:

Crew size for recreational yachts

Recreational yachts are typically smaller and used for leisure activities like fishing, cruising, and water sports. Yachts that are 30 feet or smaller can usually be operated by a single person without a crew.

However, larger recreational yachts, like those in the 50-100-foot range, may require a small crew for maintenance and management.

Crew size for sailing yachts

Sailboats are a popular type of yacht used for racing, cruising, and exploring. For sailing yachts between 30 and 50 feet, a crew of four to six is typically required. This crew would include a captain, a first mate, a cook, and one or two deckhands.

For yachts over 50 feet, the crew size can range from six to 20 or more. This is because some yachts may also have additional staff, such as a chef, a stewardess, and a masseuse. These staff members are typically hired to provide luxury services to guests onboard.

One of the hidden costs of buying and owning a 50-foot yacht is the costs for staff and crew, which ranges around $50,000 - $150,000 per year.

Crew size for superyachts

Superyachts are the largest and most luxurious yachts on the market, typically measuring over 100 feet in length. A small superyacht may have a crew of around 20 people, while a larger one may require a crew of 50 or more.

Larger superyachts with more amenities and more guests on board will require a larger crew to ensure that all aspects of the vessel are properly maintained and operated. The team will typically include a captain, first mate, engineer, chef, stewardesses, deckhands, and other specialized roles depending on the yacht's amenities.

Some owners may prefer a smaller crew to maintain a more intimate and personalized experience, while others may opt for a larger crew to ensure that all tasks are handled efficiently and to the highest standard.

Crew size for commercial yachts

Commercial yachts are required to have a crew size that is appropriate for the size and type of the vessel, as well as the number of passengers on board. The crew size can vary greatly depending on the yacht's size, amenities, and intended use.

In general, larger yachts will have a larger crew, while smaller yachts may only require a few crew members. For example, a small yacht that is used for day trips or short-term charters may only require a captain and a mate. However, a larger yacht used for extended charters or as a luxury hotel at sea may need a larger crew.

The crew size for commercial yachts is regulated by various maritime authorities, such as the International Maritime Organization (IMO) and the United States Coast Guard (USCG). These authorities have established minimum crew requirements based on the size and type of the yacht, as well as the number of passengers on board.

Based on USCG requirements, a commercial yacht that is less than 100 gross tons and carries up to 12 passengers must have at least one licensed captain and one crew member. If the yacht carries between 13 and 36 passengers, it must have at least two licensed crew members. For yachts that are over 100 gross tons, the crew size requirements will be higher.

A captain license costs around $700 - $800 , but this may vary according to the country as well as potential extras you might need to purchase.

Crew size for luxury yachts

Luxury yachts are designed for comfort and style, typically featuring high-end amenities like spas, gourmet kitchens, and entertainment systems.

Luxury yachts require a larger crew because they are typically larger, more complex, and more luxurious than other types of boats. A larger crew is necessary to ensure that everything runs smoothly and that the guests have an enjoyable and comfortable experience on board.

Here are some of the reasons why luxury yachts require a crew of 10-30 persons:

Safety: A larger crew is necessary to ensure the safety of the guests and the yacht. The crew must be trained and experienced in handling emergency situations, such as fires, medical emergencies, and adverse weather conditions.

Navigation: Luxury yachts require a skilled crew to navigate the vessel safely and efficiently. The captain and crew must be familiar with the yacht's systems, equipment, local waterways, and navigation rules.

Maintenance: Luxury yachts require constant maintenance to keep them in top condition. A larger crew is necessary to perform routine maintenance tasks, such as cleaning, painting, and repairing the yacht's systems and equipment.

Service: Luxury yachts are known for their high level of service and hospitality. A larger crew is necessary to provide guests with personalized service, including gourmet meals, housekeeping, and other amenities.

Entertainment: Luxury yachts often have a variety of entertainment options, such as water sports equipment, movie theaters, and music systems. A larger crew is necessary to operate and maintain these amenities, as well as to provide instruction and assistance to the guests.

The cost of hiring a full-time yacht crew can range from $50,000 to $200,000 per crew member per year. This includes their salary, benefits, and any other expenses associated with their employment, such as training and uniforms.

Here's a breakdown of the average annual salaries for different yacht crew positions:

The roles and responsibilities of the captain

Responsible for the overall operation of the yacht including navigation, safety, and communication with other vessels
Must have extensive knowledge of waterways
Must make quick decisions in case of emergency
Must hold valid Merchant Mariner Credential (MMC) issued by USCG
For yachts over 100 gross tons, a captain must hold a USCG license for appropriate tonnage and route
May need to hold specific endorsements, such as a towing endorsement or a radar observer endorsement

The roles and responsibilities of the captain engineer

Responsible for mechanical systems on board the yacht such as engines, generators, and other equipment
Must have a good understanding of how systems work
Troubleshoots problems that arise
Works closely with the captain and other crew members
May be responsible for managing inventory and ordering spare parts and supplies

The roles and responsibilities of the stewardess

The stewardess is the first point of contact for guests and they are responsible for the following:

Greet guests warmly and show them to their cabins
Provide information about the yacht and its amenities, as well as local attractions and activities
Clean and maintain guests' cabins
Make beds and ensure fresh towels and linens
Responsible for serving meals and drinks, setting the table, and clearing dishes

The roles and responsibilities of the deckhand

The deckhand is an entry-level position on a yacht and they work under the supervision of the first mate. They are responsible for a variety of tasks such as:

Cleaning the yacht and handling lines and fenders
Assisting with navigation and docking
Maintaining the exterior of the yacht, such as washing and waxing the hull, cleaning the decks and windows, and maintaining the yacht's equipment and machinery

The roles and responsibilities of the chef

Responsible for providing exceptional culinary experiences for guests
Plans menus, prepares meals and manages galley and kitchen area
Plans menus that meet the dietary preferences and restrictions of guests
Creates menus for breakfast, lunch, and dinner, as well as snacks and appetizers
Responsible for provisioning the yacht with fresh ingredients and supplies
Prepares high-quality meals and presents them well
Manages galley and kitchen area, including cleaning and maintaining the kitchen, managing inventory and ordering supplies, and ensuring that all equipment is in good working order

The roles and responsibilities of the first mate

Considered as the second in command on a yacht
Works closely with the captain to ensure the safe operation and navigation of the boat
Responsible for managing crew and overseeing day-to-day activities on board
Assists captain with navigation and piloting of yacht
Monitors weather conditions, charts courses, and ensures the yacht is on track and avoiding potential hazards
Manages crew and delegates tasks as needed
May be responsible for scheduling and coordinating crew shifts, managing inventory and ordering supplies, and ensuring that the yacht is clean and well-maintained
May serve as liaison between guests and captain, ensuring that their needs are met and that they have an enjoyable experience on board

The roles and responsibilities of the second mate

Assists captain and first mate in navigation and operation of yacht
Maintains the yacht's navigational equipment, including GPS, radar, and other electronic devices
Ensures all charts and publications are up-to-date and that any necessary corrections or updates are made.

You may also like, at what size is a boat considered a yacht (does size matter).

As a yacht enthusiast, it can be exciting to explore the numerous options available to you. Size does matter, but it is equally essential to consider the yacht's …

Do I Need a License to Drive a Boat? (Clear Info for 50 States)

Do You Need a License to Sail Around the World?

How Much Does It Cost To Get a Captain's License?

Cost of Buying & Owning a Small Yacht (Detailed Breakdown)

Own your first boat within a year on any budget.

A sailboat doesn't have to be expensive if you know what you're doing. If you want to learn how to make your sailing dream reality within a year, leave your email and I'll send you free updates . I don't like spam - I will only send helpful content.

Ready to Own Your First Boat?

Just tell us the best email address to send your tips to:

This page is currently offline due to an unexpected error. We are very sorry for the inconvenience and will fix it as soon as possible.

Advice for developers and administrators: Enable debug mode to get further information about the error.

CE Yacht Compliance Classification

29 March 2016

The CE Yacht Compliance Classification System is the European (CE stands for “ Conformité Européenne ” in French) dictating the standards for CE Certification for construction and sale of boats . Vessels in one of the categories of controlled products cannot be legally sold in the EU unless they have passed the tests to receive the CE Certification. This regulation applies to all yachts for sale and recreational craft from 2.5 to 24 meters, whether they are intended for navigation at sea or in inland waters. New or used boats coming from countries other than the Member States of the European Union are also subject to CE marking.

In 1994, the countries in the European Union adopted the Recreational Craft Directive (RCD), which they amended in 2003. This constitutes a single set of “harmonized” essential requirements for boats sold in any member country.

The compliance with the RCD is required by law in the European Union member countries, and third-party classification societies inspections and their certifications are required as part of the process of CE yacht compliance classification. Boats are given a CE certification at the end of the process, which confirms that they have passed and comply with the technical, construction, safety and legal requirements making them legally valid for sale in the European Union. In Europe, we call them commonly “CE compliant boats” .

CE certification required

Summary of the origin and CE yacht compliant classification and how certification works.

Since 1998, European legislation indicates that pleasure boats must carry the CE certification (or mark), requiring them to meet certain construction and safety standards. For this, the boats are classified into four categories according to their design and skills to face different sailing conditions depending on the wind force and wave height.

Knowing that the weather is a variable phenomenon, these categories are not intended to limit the distance boaters can sail away (this depends on onboard safety equipment), but rather to responsibly inform them about the capabilities of their boat to safely navigate based on the offshore weather conditions. For each vessel, the design category is characterized by a letter between A and D.

BEAUFORT scale

First, let’s start with the BEAUFORT scale. This scale gives you the status of the sea in order to plan your trips. It was the British admiral Francis BEAUFORT who imagined a scale with sufficiently precise criteria to quantify the wind at sea and allow the divulgation of reliable information universally understood. This scale consists of 13 degrees, from 0 to 12, which is remarkable in this scale is that it can assess the effect of wind on the surface of the sea.

We will focus on the scale with the forces of 6, 7 and 8 to our need for explanations. There is indeed a direct link between the Beaufort scale and the certification of yachts (see photo above of the scale to better understand the graduation of wind forces).

CE CLASS A yachts are designed for large sea voyages (everywhere), in which wind force may exceed 8 on the scale of BEAUFORT and waves can also exceed a significant height of 4 meters. These yachts are designed largely to be self-sufficient in this rather hostile environment. CAREFUL, in most cases, this is only theoretical.
CE CLASS B yachts are designed to travel off the coast (200 miles or less) in which the winds can be up to force 8 (not exceeding) and waves can reach a height up to 4 meters (not exceeding).
CE CLASS C boats are designed for travel close to the coasts and in large bays, estuaries, lakes and rivers in which winds can be up to force 6 (not exceeding) and waves may reach a height of 2 meters (not exceeding).
CE CLASS D boats are designed for cruises in protected waters, like small lakes, rivers and canals in which the winds can be up to force 4 and waves can reach a height up to 0.30 meter (less than 1 foot).

Rules of CE certification

The rules of CE certification for construction and sale of boats are designed to assess the structural strength and integrity of essential parts of the hull, the reliability, and function of propulsion, steering systems, power generation and all other features installed on board to help ensure the key essential services of the yacht.

You understand therefore that a CLASS A yacht respects a much more rigorous construction protocol than a CLASS B yacht and so on… Of course, it is strictly advised not to sail past a force 6 for pleasure yachting and no matter the class A or B. This is a matter of safety, comfort and pleasure being always present in your cruise.

To ensure recreational boating, always check the weather before each ride at sea and especially verify any potential changes every hour. In addition, you must always carry the safety equipment onboard depending on the type of navigation that you practice and the laws and regulations in the countries where you cruise, and feel free to be overcautious.

It is obvious that in case of bad weather, for example, it is better to find yourself onboard a CLASS A yacht, which will necessarily have a better safety margin, regardless of sea conditions… Before buying a new or pre-owned boat , always ask for the classification of your future yacht, this document is required for the new registration (in Europe).

A CE-Type Certificate (or homologation) is generally issued for production vessels manufactured in series by different shipyards , particularly European.

There are several classification societies capable of achieving the CE classification for construction and sale of boats , the main ones are RINA (Registro Italiano Navale), BV (Bureau Veritas), DNV (Det Norske Veritas), Germanischer Lloyd, LR (Lloyd’s Register).

Other societies and certifications

There are also other classification societies for vessels built or sold outside the EU such as ABS (American Bureau of Shipping) and NK (Nippon Kaiji). There are also other types of certifications such as the MCA (UK – Maritime and Coastguard Agency), which however is not a classification organization. We will write more articles on commercial classifications later.

Do not hesitate to contact us for any need for further information on the CE yacht compliance classification , our team at Allied Yachting is at your service.

Contact us if you have more questions

Your Name (required)

Your Email (required)

Please leave this field empty.

Your Phone (required)

Your Message

Our Yacht Listings:

New Yachts for Sale
Pre-owned Yachts for Sale
Yachts for Charter

Yachting Consultants

Sale-Charter-Brokerage-Management

Headquarters:

34 Rue Caffarelli 06000 Nice, France

Front Office:

Boulevard de La Croisette – Port Canto 06400 Cannes, France

T.: +33 493 43 82 83 Email: [email protected] Website: www.alliedyachting.com

What Are The Legal Requirements For My Commercial Yacht?

June 18, 2017
Safety Compliance

For a pleasure yacht to be legally engaged in trade and considered a commercial yacht, the vessel must be surveyed and certified to numerous international and national regulations. These rules cover a spectrum of topics for safety, environmental protection and security. Applicability is based upon a combination of the yacht’s length, tonnage, and the number of personnel on board.

The majority of international regulations are established by the International Maritime Organization (IMO), a specialized agency of the United Nations. Its 170 member states and three associate members are the body behind nearly all technical standards and legal rules for safety at sea and prevention of pollution by ships.

SOLAS – International Convention for the Safety of Life at Sea SOLAS, In its current structure, the 12 chapters cover all aspects of shipping from construction and fire protection to nuclear propulsion, dangerous cargo, safety management, and maritime security. SOLAS affects internationally trading vessels of 500 gross tons and greater. For regulatory purposes, a commercial yacht is considered a cargo ship. If she is certified to carry more than 12 guests, regardless of size, the yacht is no longer a cargo ship, but a passenger ship, even if one calls her a yacht. There is a distinct difference between these two vessel types.

Contains requirements for: ISM Code – International Ship Management

The requirement can be made simple and easy by using the Ocean Time Marine SMS template software . Safety management systems (SMS) is a requirement that applies to Commercial vessels (including charter & commercially registered yachts of 500GT and over; those of any size chartering with more than 12 passengers) It is also recommended that vessels above 24m use a SMS. The Certificate(s) issued is a Safety Management Certificate and a Document of Compliance (for the management company) This code need not be difficult to comply with as long as care is taken to ensure the documented procedures accurately reflect the actual onboard procedures, providing they comply with the relevant requirements. Procedures need only be limited to operations related to safety & pollution prevention, but a safety management system may cover all aspects of the yacht’s operation if desired.

Compliance with this Code is a requirement of SOLAS Chapter IX (Management for the safe operation of ships). ICLL – International Convention on Load Lines The ICLL — as it is used today on all commercial, internationally trading yachts of 24m in length or greater — establishes detailed regulations on the assignment of freeboard, its effects on stability, and most importantly, the safe transportation of guests and crew. The convention takes into account the potential hazards present in different zones and different seasons (winter in the North Atlantic versus the tropics). The technical annex contains several additional safety measures concerning doors, freeing ports, hatchways, and other items. The main purpose of these measures is to ensure the watertight integrity of ships’ hulls below the freeboard deck. MARPOL – International Convention for the Prevention of Pollution from Ships MARPOL was established for protecting the marine environment. It includes strict regulations focused at preventing and minimizing both accidental and operational pollution. The current requirements are outlined in six technical annexes, each of which designed to combat a particular class of pollutants: oil, noxious liquid, packaged dangerous goods, sewage, garbage, and air pollution.

STCW – International Convention on Standards of Training, Certification, and Watch keeping for Seafarers STCW sets certification standards for masters, officers, and watch personnel on seagoing merchant ships. Commercial yachts are subject to compliance with the code, as well as any person holding a certificate of competence for a certain rank. STCW prescribes minimum standards relating to training, certification, and watch keeping for seafarers, which countries are obliged to meet or exceed. While the IMO is the source of these regulations, it is the member states that are responsible for enforcement. Commonly referred to as the Flag Administration or Flag State, this is the government that registers the yacht.

Through a series of inspections, plan reviews, surveys, and audits, the flag state ensures that a yacht meets the requirements of the applicable regulation. For example, for yachts registered under the British flag, the Maritime and Coastguard Agency (MCA) is the Flag Administration for the United Kingdom and its dependencies (Bermuda, British Virgin Islands, Cayman Islands, Gibraltar, Isle of Man, and other overseas territories). In some cases, the flag state delegates its enforcement authority, or a portion thereof, to a Recognized Organization (RO), most commonly a classification society.

The major classification societies in are the American Bureau of Shipping (ABS), Bureau Veritas (BV), Det Norske Veritas – Germanischer Lloyd ( (DNV-GL), Lloyds Register (LR), and Registro Italiano Navale (RINA). There are also organizations dedicated solely to yacht certifications, such as the International Yacht Bureau (IYB). Classification, as a completely private service performed by these societies, consists of the issuing of rules for the safety of vessels, and performing inspections to ensure that these rules are being applied. The main purpose is to protect vessels as a piece of property.

The rules apply principally to the structural strength of the hull and the reliability of its essential machinery and equipment. The owner uses the certificate issued by the classification society as an assurance of technical soundness and as a tool for obtaining insurance at a reasonable cost. Port State Control On the local level, sovereign and other self-governing nations have the right to control any activities within their own borders, including those of visiting yachts. Authority and control over foreign-flagged vessels in a country’s ports, used for verifying compliance with the requirements of the applicable maritime conventions, is called Port State Control (PSC). PSC may enforce its own unique, and sometimes unilateral, regulations. An example of this can be seen in the United States and its requirement for an Advanced Notice of Arrival. This is not an international regulation and is specific to vessels entering and/or departing U.S. waters.

For those yachts that operate in Europe, they will be familiar with the Paris MOU inspection scheme. As previously mentioned, the majority of rules outlined in SOLAS are designed for yachts of 500 gross tons or greater. For yachts, these rules can be difficult to meet full compliance as the regulations in SOLAS are predominantly written for internationally trading merchant ships. The major yachting flag states have recognized that yachts in commercial use for sport or pleasure do not fall naturally into a single class, and certain prescribed merchant ship safety standards have been found to be incompatible with the intended use, scope of operations, or safety needs particular to such yachts. Large Yacht Code Because of this, the United Kingdom (MCA) published the first set of rules for yachts over 24 meters. Known as the Large Yacht Code, this publication uses SOLAS as a basis for safety, but provides certain equivalencies and exemptions for yachts.

Currently, in its third edition, the Large Yacht Code (LY3) has become the major standard within the yacht industry. It is used by the United Kingdom and its dependencies (Bermuda, British Virgin Islands, Cayman Islands, Gibraltar, Isle of Man, etc.), plus other major yachting flags including Antigua and Barbuda, Barbados, Jamaica, Spain, and St. Kitts and Nevis. Other flags have created their own National yacht codes, but they appear to be primarily based upon LY3 or its previous versions. Some Flag states have created an allowance for certain private yachts to charter. This, in many cases, conflict’s with the actual rules. It is a dynamic topic and answers fluctuate depending on the particular flag involved. Commercial certification for a yacht is a difficult process. Maintaining the certification can be an even higher task.

Ocean Time Marine has created a template SMS software that will assist with ISM compliance which has made this part of certification easier. Contact us .

If you are planning on buying an existing vessel, you may need an accurate history of the vessel to help you evaluate the investment potential. Let Maritime Survey Australia carry out a Pre-Purchase Condition survey as part of your due diligence requirements so that you may ascertain the condition of your vessel.

A breakdown of domestic commercial vessel safety management system requirements from Australia, New Zealand, United…

Mr Justice Teare has called on the maritime regulatory authorities to tighten the rules governing…

Digital Selective Calling DSC is simply a tone signaling system, which operates on VHF Channel…

previous post: Safety Standards On Passenger Ships
next post: Digital Selective Calling (DSC) And Maritime Mobile Service Identity (MMSI Number)

Please use a modern browser to view this website. Some elements might not work as expected when using Internet Explorer.

Landing Page
Luxury Yacht Vacation Types
Corporate Yacht Charter
Tailor Made Vacations
Luxury Exploration Vacations
View All 3573
Motor Yachts
Sailing Yachts
Classic Yachts
Catamaran Yachts
Filter By Destination
More Filters
Latest Reviews
Charter Special Offers
Destination Guides
Inspiration & Features
Mediterranean Charter Yachts
France Charter Yachts
Italy Charter Yachts
Croatia Charter Yachts
Greece Charter Yachts
Turkey Charter Yachts
Bahamas Charter Yachts
Caribbean Charter Yachts
Australia Charter Yachts
Thailand Charter Yachts
Dubai Charter Yachts
Destination News
New To Fleet
Charter Fleet Updates
Special Offers
Industry News
Yacht Shows
Corporate Charter
Finding a Yacht Broker
Charter Preferences
Questions & Answers
Add my yacht

Yacht Charter Fleet
Luxury Yacht Charter Advice

Understanding the 12-Guest Rule for Yacht Charters

Maritime regulations pose limits on guest numbers

Share this on Facebook
Share this on X
Share via Email

By Editorial Team 24 January 2023

"Why is there a 12-guest limit on the yacht I want to rent?" is a commonly-asked question among charterers considering booking a crewed yacht vacation for the first time. To help explain why the majority of charter yachts, regardless of size, have a 12-guest limit, we've outlined the reasons and some points to consider before booking a yacht vacation.

In this article:

12-guest limit on yacht charters explained

What is the reg yacht code, what does this mean for yacht charters, can i secure a yacht charter for more than 12 guests, tandem yacht charters, need more yacht charter advice.

In general, the number of guests allowed on board a charter yacht depends on the license it holds to carry passengers for yacht charters. This can be anything from 4 up to a maximum of 12 guests, usually commensurate with the size of the yacht.

If you are looking to entertain extended family, host your huge social circle for the vacation of a lifetime, or a mix of the two, you might be wondering why most charter yachts do not allow a higher number of guests, regardless of their size. Even for seasoned charterers, the limits can still be a point of contention.

This is largely to do with international maritime regulations, as yachts that carry more than 12 guests are legally considered to be passenger ships, which means they have to meet a different set of criteria to cruise at sea under the Passenger Yacht Code (PYC).

event yacht charter pyc compliant vessel

In 2017, the PYC was replaced with the Red Ensign Group (REG) Yacht Code , developed to be more specifically geared towards the superyacht industry.

This code sets out the technical, safety and operational standards for a yacht, including the number of passengers allowed on board. As a result, the code is made up of two parts;

Part A – (updated version of the Large Yacht Code - LY3) applies to yachts 24 meters and over in load line length, in commercial use for sport or pleasure, do not carry cargo and not more than 12 passengers.
Part B – (the updated version of the Passenger Yacht Code - PYC) applies to pleasure yachts of any size, in private use or engaged in trade (commercial charter), which carry more than 12 but not more than 36 passengers, and do not carry cargo.

The REG Yacht Code Part B is a superyacht alternative to full compliance with the Safety Of Life At Sea (SOLAS) convention. The latter is a set of rules applicable to most merchant or cruise ships.

The REG criteria for yachts carrying more than 12 passengers sets out strict rules governing design and construction standards, as well as other important safety measures.

Yachts will usually need to undergo rigorous testing, extensive surveying, hire more crew and may even need to be completely refitted. Unsurprisingly, this can be inconvenient, time-consuming and often prohibitively expensive for the owner.

Consequently, many yacht owners decide to keep the maximum number of guests onboard to 12 (plus crew) for chartering.

This means, for example, that an 80-meter yacht with 8 staterooms may well have the ability to sleep 16 guests while in private use, but on a commercial charter is only allowed to sleep 12 guests.

There is a fairly healthy selection of yachts available for charter that can sleep more than 12 guests on board. That said, if you are interested in securing one for your next yacht charter, it would be wise to inform your broker of your guest numbers as far in advance as possible as demand for these yachts can be high.

If you do not secure a luxury yacht rental that accommodates all of your party, tandem yacht charters are a popular alternative.

A tandem charter involves two or more vessels being booked together, and can provide a lot more flexibility. For example, guests may decide to split itineraries between yachts for particular activities (one yacht could take a group sport-fishing, the other for a day's pampering) or divide the yachts up between adults and younger ones (with accompanying staff, if applicable).

For more advice on booking a luxury yacht charter , please speak with your preferred yacht broker . Whether you are looking for assistance on booking a charter suitable for 12 guests or under, or for a vessel that can cater to a much larger party, a broker will be able to carefully curate a vacation entirely to your needs and requirements.

Take a look at our advice guides for more information on chartering a superyacht, covering everything from charter contracts to yacht vacation packing tips.

Featured Luxury Yachts for Charter

This is a small selection of the global luxury yacht charter fleet, with 3573 motor yachts, sail yachts, explorer yachts and catamarans to choose from including superyachts and megayachts, the world is your oyster. Why search for your ideal yacht charter vacation anywhere else?

136m | Lurssen

from $4,378,000 p/week ♦︎

115m | Lurssen

from $2,834,000 p/week ♦︎

85m | Golden Yachts

from $981,000 p/week ♦︎

88m | Golden Yachts

from $1,199,000 p/week ♦︎

84m | Feadship

from $1,095,000 p/week ♦︎

93m | Feadship

from $1,526,000 p/week ♦︎

Maltese Falcon

88m | Perini Navi

from $490,000 p/week

76m | Oceanco

from $865,000 p/week ♦︎

85m | SilverYachts

from $960,000 p/week

As Featured In

The YachtCharterFleet Difference

YachtCharterFleet makes it easy to find the yacht charter vacation that is right for you. We combine thousands of yacht listings with local destination information, sample itineraries and experiences to deliver the world's most comprehensive yacht charter website.

San Francisco

Like us on Facebook
Follow us on Twitter
Follow us on Instagram
Find us on LinkedIn
Add My Yacht
Affiliates & Partners

Popular Destinations & Events

St Tropez Yacht Charter
Monaco Yacht Charter
St Barts Yacht Charter
Greece Yacht Charter
Mykonos Yacht Charter
Caribbean Yacht Charter

Featured Charter Yachts

Maltese Falcon Yacht Charter
Wheels Yacht Charter
Victorious Yacht Charter
Andrea Yacht Charter
Titania Yacht Charter
Ahpo Yacht Charter

Receive our latest offers, trends and stories direct to your inbox.

Please enter a valid e-mail.

Thanks for subscribing.

Search for Yachts, Destinations, Events, News... everything related to Luxury Yachts for Charter.

Yachts in your shortlist

Start a Conversation

Why is it only vessels over 24m that the rules apply to, answers and comments.

24m is the threshold used to differentiate professional and non professional vessels in the French legislation.

There are indeed many more vessels under 24m (the average is around 10m around). However, the impact of small units is less important. They destroy mainly leaves, and do not impact the dead meadows.

For more information on the impact of anchoring: https://www.youtube.com/watch?v=yhRdrBVHk-c&t=1s

However, the repetition of anchoring of small units can also have some long term impact on the dead meadows. Some Posidonia areas are banned from anchoring for all types of units and many eco-mooring projects are under development.

Rules for the Charter of Yachts Under 24 Metres under the British Flag

The purpose of this guide is to provide information concerning the flag state rules applicable to British registered yachts of up to 24 metres in Load Line length that are operated for charter.

Any yacht undertaking a charter at sea regardless of its flag is considered to be a vessel that is in use for a commercial purpose and should therefore hold a valid Load Line Certificate and be operated in accordance with the international regulations applicable to a vessel of its physical characteristics and distance of operation from a safe haven.

As an alternative to Load Line certification and compliance with applicable international regulations which would be unachievable for many small vessels the UK Maritime and Coastguard Agency (MCA) have developed a code or practice specifically for vessels of up to 24 metres Load Line length which are engaged at sea in the performance of activities of a commercial nature which includes yachts carrying not more than 12 passengers (i.e. excluding crew).

The UK MCA are an Executive Agency of the UK Government’s Department for Transport holding responsibility and accountability for UK merchant shipping regulations and their enforcement.

The code is known as the Small Commercial Vessel Code of Practice and is published as Marine Guidance Note (MGN) 280 with the full title of ‘Small Vessels in Commercial Use for Sport or Pleasure, Workboats and Pilot Boats – Alternative Construction Standards’.

A copy of the code can be accessed at the following link:

Small Commercial Vessel Code of Practice – MGN 280

The code has been adopted by all members of the Red Ensign Group (REG) which is the collective working party for the shipping registries that comprise the British Register of Ships which includes the UK, the Crown Dependencies (Isle of Man, Guernsey and Jersey) and eight UK Overseas Territories (including the British Virgin Islands and the Cayman Islands).

Any vessel registered in the UK, a Crown Dependency or UK Overseas Territory is a “British ship” and is entitled to fly the Red Ensign. The Red Ensign is the most popular international flag flown by yachts due to its high level of quality, prestige and universal acceptability.

The assimilation of the Load Line convention and international regulations that would otherwise apply to a charter yacht under 24 metres in length carrying no more than 12 passengers in a ‘yacht friendly’ format through the Small Commercial Vessel Code of Practice is just one example of how the British Register of Ships has proactively set out to assist yacht owners with the safe operation of their vessels.

It should be noted that it is not only likely to be an offence to operate a yacht for charter under the red ensign at sea carrying not more than 12 passengers without meeting the requirements of the code but it is also likely that the yacht’s insurance could be invalidated as a result of a failure to operate in accordance with flag state rules.

It should be remembered that the coding of a yacht used for charter is only one stage of the process and that advice should always be taken in respect of local legal and fiscal obligations prior to the commencement of any commercial activity.

Oceanskies in conjunction with our partner surveyors is able to provide a complete charter yacht registration package combining commercial British flag yacht registration under red ensign with coding certification and the employment of crew through Oceanskies Crew Limited in a Maritime Labour Convention (MLC) environment.

Please do not hesitate to contact us for further information.

Yacht Registration

Yacht registries, yacht operation, yacht survey & certification, yacht agents, more information, oceanskies on instagram, oceanskies on twitter.

Email Crew: [email protected]

Email Registration: [email protected]

Call: +44 1481 711994

Guernsey Office

Oceanskies Limited Castle Emplacement St. Peter Port, Guernsey GY1 1AU Channel Islands, Great Britain

Malta Office

Oceanskies (Malta) Limited Premiere Business Centre, Suite 1, Level 2 Constitution Street Mosta MST 1750 Malta

Oceanskies Limited is registered in Guernsey (company number 56102) | Registered Office: Castle Emplacement, St.Peter Port, Guernsey GY1 1AU, Channel Islands, Great Britain

Terms & Conditions | Privacy Policy

You are here:
Norwegian Maritime Authority - Start page

Legislation

Regulations on vessels of less than 24 metres carrying 12 passengers or less.

Date: 1/14/2020
Series: RSR
Number: RSR 1 - 2020
Case number: 2018/94186-99 MTS

The Norwegian Maritime Authority (NMA) has laid down new Regulations on vessels of less than 24 metres carrying 12 passengers or less. These Regulations enter into force on 1 February 2020, replacing the Regulations of 24 November 2009 No. 1400 on the operation of vessels carrying 12 passengers or less, etc. (12 Pax Regulations). In this connection, amendments have been adopted to the Regulations on qualifications and certificates for seafarers (Qualification Regulations), the Regulations on supervision and certificates for Norwegian ships and mobile offshore units (Certificate Regulations), the Regulations on the tonnage measurement of ships and mobile offshore units and Regulations on the construction and supervision of small cargo ships.

Download as PDF

I. The Regulations in general

1. new regulations enter into force on 1 february 2020.

The Regulations now laid down continue the main elements of the 12 Pax Regulations. The major substantive changes to the previous Regulations are:

Vessels being used by schools, school camps or daycare centres for safe boating activities may comply with the rules for recreational craft.
Vessels of less than 10 metres with limited engine power may comply with the rules for recreational craft.
Restrictions on vessels engaged in regular service are removed.
A duty to submit information is introduced for companies which have vessels complying with the Regulations.

The proposed new Regulations were circulated for comments from 18 December 2018 to 15 March 2019. The NMA received approximately 80 consultative comments. Most of them were related to the proposed exemptions in section 2. The NMA has considered the essence of these statements and made adjustments to the adopted Regulations.

Section 2 of the new Regulations allows for the possibility that more categories of vessels may comply with the rules for recreational craft than what was proposed in the draft Regulations. This is a significant simplification of the previous Regulations.

Section 2 is based on the many inquiries received by the NMA indicating that it would be against the general conception of law to require that smaller boats used for leisure activities with few persons on board satisfy detailed equipment requirements and that the master has an extensive formal education. The provisions of section 2 limit the scope of application of the Regulations not to include many activities of this type. The purpose of section 2 is to find a sensible scope of application for the Regulations which is also easy to put into practice, not to exempt most vessels from the safety requirements of the Regulations.

Companies with vessels which are not covered by the provisions of section 2 have two choices. They can either adjust their operation to the exemptions of the provisions or comply with the provisions of the Regulations.

2. Legal basis for issuing regulations on vessels carrying 12 passengers or less

Vessels carrying 12 passengers or less have in different ways been subject to safety regulations since 1912. Regulations of 28 June 1912 on control of steamships or motor vessels occasionally carrying passengers were replaced by Regulations of 3 October 1972 on surveys, etc. of passenger ships. These Regulations were replaced by Regulations of 15 June 1987 No. 506 on survey for the issue of certificates to passenger ships, cargo ships and barges, and on other surveys, etc. The 12 Pax Regulation entered into force in 2011.

The new Regulations are laid down pursuant to the Act of 16 February 2007 No. 9 relating to ship safety and security (Ship Safety and Security Act), which according to section 2 first paragraph applies to Norwegian and foreign ships. The Ship Safety and Security Act section 2 third paragraph (b) establishes that the King may prescribe by regulation that this Act shall not apply, either in whole or in part, to “ships that can carry up to twelve passengers”. This exemption relates to the activity of carrying 12 passengers or less , not to the type of vessel used to carry the twelve passengers. This possibility of exemption is referred to in Ot.prp. No. 87 (2005–2006) on the Act relating to ship safety and security (Ship Safety and Security Act) item 7.1.4:

The Ministry also agrees with the NMA and the Norwegian High-speed Craft Association (HRF) to grant exemptions or deviate from the rules of the Act for smaller ships and for ships carrying a limited number of passengers (12 passengers or less). For this type of ships, international legislation will only apply in exceptional circumstances. An amendment of section 2 third paragraph is proposed to attend to these considerations.

The King may, for ships mentioned in section 2 third paragraph, prescribe special rules for safety management, safety, the environment, protective security measures and public supervision, and also for administrative measures and administrative sanctions which depart from the rules in this Act. See section 2 fourth paragraph. This authority has been delegated to the Ministry of Trade, Industry and Fisheries and the Norwegian Maritime Authority by Royal Decree of 16 February 2007 No. 171 and Formal Delegation of 31 May 2007 No. 590.

The formal delegations also give the NMA the authority to lay down regulations pursuant to other provisions of the Act.

3. The company has a duty to supervise compliance with the rules – company's control

The Ship Safety and Security Act uses the term “company” for the company stated as responsible for compliance with the safety regulations of the Act.

It is set out in section 4 of the Ship Safety and Security Act who the company is. The registered owner is considered the owner of the ship if the requirement of a Safety Management Certificate is not applicable to the ship. The safety management system required by section 4 of the new Regulations is not a Safety Management Certificate. If the ship is registered, the registered owner is considered the owner of the ship.

Pursuant to section 6 of the Ship Safety and Security Act, the company has an overall duty to see to that the construction and operation of the ship is in accordance with the rules laid down in or pursuant to the Act, including that the master and other persons working on board comply with the legislation.

It is the company’s responsibility to ensure that the provisions of the Regulations are complied with prior to the operation. This must be documented by the company by using the safety management system, see comments to section 4 of the Regulations. If necessary, the company must ask for advice or help from persons or companies with expertise in the various areas.

The NMA shall not preapprove vessels complying with the Regulations nor the company’s safety management system. Supervision is carried out by means of random spot checks, cf. chapter 7 of the Ship Safety and Security Act. The NMA may at any time request documentation from the companies showing that the requirements of the Regulations are complied with.

4. The terms “ship” and “vessel”

The term “ship” is used consistently in the Ship Safety and Security Act. In the Ship Safety and Security Act, the term “ship” refers to the traditional ship term in maritime law which also covers smaller vessels. See the official Norwegian report NOU 2005:14 “På rett kjøl” (only available in Norwegian) item 7.1.3.2.

According to the Great Norwegian Encyclopedia (SNL), the term “vessel” is a collective term for ships and boats of all sizes. The Regulations concerning survey for the issue of certificates to passenger ships, cargo ships and lighters, and concerning other surveys, etc. (the Survey Regulations), [1] repealed in 2011, and the 12 Pax Regulations use the term “vessel” for ships carrying 12 passengers or less. In compliance with this use, the term “vessel” is adopted in the new Regulations. As a result of this, the Regulations also use the term “master of the vessel” instead of “master of the ship”.

It is more common to use “vessel” in colloquial language when talking about smaller ships. Apart from that, the choice of term has no other significance. In legal terms, a vessel is also a ship, and the master of the vessel is also the master of the ship.

5. References to other regulations

A passenger ship is commonly defined as a ship carrying more than 12 passengers. The term cargo ship is negatively defined as any ship which is not a passenger ship, fishing vessel, barge or recreational craft [2] . A ship carrying 12 passengers or less is thus in principle covered by the definition of “cargo ship”.

However, this must be viewed in a wider context, as the activity of “carrying 12 passengers or less” has been arranged by its own set of rules for several decades. Section 2 of the Ship Safety and Security Act allows for the possibility of issuing special rules for “ships” carrying 12 passengers or less without connecting this activity to a specific ship type.

Several regulations apply to “cargo ships”. Therefore, there must be a clearer distinction between provisions applying to cargo ships and provisions applying to ships carrying 12 passengers or less.

In order to make the legislation clear, the provisions for carrying 12 passengers or less should, to the greatest extent possible, be combined into one set of Regulations, which was one of the main purposes of the 12 Pax Regulations. If vessels carrying 12 passengers or less were to comply with the 12 Pax Regulations in addition to requirements for cargo ships set out in other regulations, this would undermine the idea of a user-friendly legislation where the minimum requirements for carrying 12 passengers or less would be consolidated.

Consequently, for vessels covered by the scope of application of the Regulations for vessels carrying 12 passengers or less, all minimum requirements for safety management, manning and operational limitations, construction and equipment, radio communication and life-saving appliances are found in these Regulations. Rules on these matters in other regulations are not applicable, cf. the principle that specific rules take precedence over the more general rules. In areas where there are no special provisions in the Regulations for vessels carrying 12 passengers or less, other regulations may apply, depending on the scope of application for the individual regulations, e.g. regulations for navigation or environmental safety.

The measures to be taken by the company in order to carry 12 passengers or more will vary depending on which requirements for construction and equipment the vessel complies with.

A company which buys a CE marked recreational craft in order to transport 12 passengers or less will find all requirements for safety management, manning and operational limitations, construction and equipment, radio communication and life-saving appliances in these Regulations. As a main rule, vessels complying with the minimum requirements of the Regulations are not required to have a certificate, vessel instructions, safe manning document or other documentation from the NMA or other authorities.

Cargo ships or fishing vessels are primarily used for other purposes than the transport of passengers and shall, as a rule, comply with other provisions. If such vessels of less than 24 metres in overall length will carry 12 passengers, the company must show special considerations to determine whether the minimum requirements of the Regulations for vessels carrying 12 passengers or less are met and, if they are, provide the vessel with any missing equipment or procedures. In such cases, the vessel must always comply with the requirements applicable to the relevant vessel type, in addition to requirements for carrying passengers.

The Certificate Regulations and the Regulations on the construction and supervision of smaller cargo ships [3] do not apply to ships “which are covered by the scope of application of Regulations of 24 November 2009 No. 1400 on the operation of vessels carrying 12 passengers or less, etc. and which are engaged only in activities described therein”. These exemptions have been updated and continued in the new Regulations. See item III about amendments to other regulations.

II. Comments to the Regulations

Chapter 1 general provisions, section 1 first paragraph – scope of application, the regulations apply to vessels carrying 12 passengers or less.

The Regulations are laid down pursuant to the Act of 16 February 2007 No. 9 relating to ship safety and security (Ship Safety and Security Act) and apply to vessels carrying 12 passengers or less. The Regulations govern the same types of activities as the Ship Safety and Security Act. Therefore, we need to take a closer look at the scope of application of the Act.

The Ship Safety and Security Act applies to Norwegian and foreign ships in general, see section 2 first paragraph first sentence. The term “ship” refers to the traditional ship term in maritime law and also applies to smaller vessels. Ot.prp. No. 87 (2005–2006) on the Act relating to ship safety and security (Ship Safety and Security Act) states the following in item 19.1:

Even though the Act is primarily intended for ships used for commercial purposes, it is not a criterion that the ship is used for commercial purposes in order for the Act to apply.

The Act does not apply to ships of less than 24 metres in overall length used for non-commercial purposes, see section 2 first paragraph second sentence. Vessels not covered by the scope of application of the Act are regulated by the Small Craft Act and the Product Control Act [4] . The actual use of the vessel determines which regulations the vessel must comply with, irrespective of the vessel's original construction as a recreational craft, yacht, cargo ship, fishing vessel or other vessel. The minimum standards of the Regulations must be complied with in order to carry 12 passengers in the territorial waters.

The term commercial purposes as referred to in the Ship Safety and Security Act is not related to the use of the same term in other legislation. This can probably be linked to the objective of the Ship Safety and Security Act to safeguard life, health, property and the environment, and the intention from the legislator to cover a large field. The official Norwegian report NOU 2005:14 Pårett kjøl (only in Norwegian) item 7.1.3.2 states that the requirement of remuneration is a “an important factor” in the overall assessment to decide whether the company is covered by the term commercial purposes or not:

When deciding whether the use is related to commercial purposes or not, an important factor will be whether remuneration is made for the transport of persons or goods. The requirement of remuneration must be widely interpreted to include situations where the operation of the ship is financed by government subsidies, memberships or associations, etc. instead of payment in cash.

This means that other aspects than the remuneration requirement can be emphasised, for example who and how many persons the activities are directed at, how the company’s activities are organised, and whether such activities are publicly announced.

The Ship Safety and Security Act is quite extensive and includes companies where the operation of the ship is financed by government subsidies, memberships of associations, etc. instead of payment in cash. There is no requirement that the company must be profitable or that the passengers must purchase a ticket upon boarding. If a restaurant on an island offers “free” transport by boat in order to attract customers, the boat ride will be included in the restaurant’s operation and thus be subject to the Ship Safety and Security Act. Additionally, the Act comprises transport of employees to and from the restaurant or other assignments [5] .

Non-profit organisations, schools, school camps or daycare centres, etc. offering boat activities are financed by government subsidies, membership fees, etc. and are often directed at a large group of people. These types of organisations are regulated by the Ship Safety and Security Act. Furthermore, public utility organisations, non-profit organisations or non-profit educational institutions with good intentions are not exempt from the Ship Safety and Security Act. It is of no significance for the assessment whether the persons on board are trained in coastal culture, history, safe boating, etc. or not.

The considerations regarding the scope of application of the Ship Safety and Security Act will also be used when assessing whether the new Regulations will apply to a specific activity. In simple words, the minimum requirements of the Regulations apply to all transport of 12 passengers or less if the activity cannot be characterised as a recreational activity where private individuals invite friends or acquaintances for a ride in their recreational craft.

However, section 2 of the Regulations allows some groups of vessels, which are subject to the Regulations based on area of operation, to comply with the rules for recreational craft. Read more about this in the comments to section 2.

The Regulations apply to vessels of less than 24 metres in overall length

The legislation regulating CE marking of recreational craft applies to vessels of up to 24 metres, see section 1 of the Regulations of 15 January 2016 No. 35 on the manufacturing and the placing on the market of recreational craft and personal watercraft.

The reference in section 9 first paragraph of the 12 Pax Regulations to the Regulations on the production and the placing on the market of recreational craft also includes a division at 24 metres, without this being explicitly stated. Accordingly, when we specify that the new Regulations apply to vessels of less than 24 metres in overall length, it is not a new restriction.

A ship of 24 metres in overall length and upwards shall according to the Regulations of 22 December 2014 No. 1893 on supervision and certificates for Norwegian ships and mobile offshore units have a trading certificate when it is used for other than commercial purposes. See section 1 first paragraph (b) cf. section 24 first paragraph (c). This minimum requirement also applies if the ship is used for commercial purposes carrying 12 passengers or less.

The Regulations apply to vessels in Norwegian territorial waters and on rivers and lakes

Geographically, these Regulations apply to Norwegian territorial waters. The Regulations shall also apply to the territorial waters surrounding Svalbard. The territorial waters extend 12 nautical miles from the baselines, cf. Act of 27 June 2003 No. 57 relating to Norway's territorial waters and contiguous zone, sections 1 and 2.

This does not mean that any vessel covered by the Regulations may sail 12 nautical miles from the baseline. The operation of a vessel so far out at sea requires a vessel which is constructed and equipped for such a voyage. The company must assess their vessels’ suitability for the intended purpose in compliance with the other provisions of the Regulations.

The Regulations apply to Norwegian and foreign vessels

These Regulations apply to Norwegian and foreign vessels carrying 12 passengers or less. The same safety requirements apply, regardless of the nationality of the vessel. The Regulations also have special provisions for foreign ships concerning the qualification requirements of section 6 second paragraph. Moreover, the provisions of these Regulations apply equally to foreign ships as to Norwegian vessels.

Section 1 second paragraph – “These Regulations do not apply to”

Section 1 second paragraph (a) – medical services and ambulance services or organised transport to and from schools.

To be approved as vessel used for “medical services and ambulance services” the vessel must be a part of the regional health trusts’ emergency medical preparedness, cf. Regulations on the requirements for and organisation of municipal emergency primary health care, ambulance services, an emergency medical service communication system, etc. (the Emergency Medical Services Regulations) [6] . The NMA will not take a stand on which services the regional health trusts will offer to their users, and it is up to the health authorities to decide whether the operation of a vessel will be included in the definition of the Emergency Medical Services Regulations. The wording “organised medical service and ambulance service” of the 12 Pax Regulations is amended to “medical services and ambulance services” to harmonise the wording according to the Emergency Medical Services Regulations.

“Organised transport to and from schools” comprises transport in accordance with chapter 7 under the Act of 17 July 1998 No. 61 relating to Primary and Secondary Education and Training (the Education Act).

According to the Certificate Regulations [7] section 20 second paragraph, vessels used for medical services and ambulance services or organised transport to and from schools shall have a Passenger Certificate and are not covered by the special provisions in section 2.

Section 1 second paragraph (b) – tender vessels

The exemption of (b) applies to vessels which form a part of the ship's equipment and which is used to transport passengers between ship and shore, so-called tender vessels. A tender vessel will take the shortest route to shore and shall not be used for excursions, sightseeing, etc.

Vessels which are not a part of the equipment of a larger ship and which are used to transport passengers from ship to shore, are considered passenger vessels and shall comply with the regulations for passenger vessels, depending on the number of passengers on board on each voyage.

Restriction on regular service repealed

Section 2 (g) of the 12 Pax Regulations defines regular service as “A series of crossings operated so as to serve traffic between the same two or more ports, or a series of voyages from and to the same port without intermediate calls (1) according to a published timetable, or with crossings so regular or frequent that they constitute a recognisable systematic series.” Vessels engaged in regular service shall have a Passenger Certificate according to section 20 second paragraph of the Certificate Regulations.

The restriction on regular service of the 12 Pax Regulations has been a subject of discussion. One of the reasons why the 12 Pax Regulations were laid down was the desire to regulate sea rafting. These types of trips often follow the same route from the same place according to an announced timetable and will in principle be covered by the term regular service. However, in current practice, these trips are not regarded as a regular service.

Furthermore, the restriction on regular service raises another question. How extensive must the scope of operation be in order to be referred to as a regular service? Companies offering transport services must be able to announce their service schedule to the public. Moreover, it should be possible to make several daily trips to the same locations without the operation being referred to as a regular service. There are many borderline cases which may be difficult to address. Will a trip once a week at an announced schedule qualify for regular service, or are more frequent voyages required, such as two trips a day or three times a week?

From a security aspect, it is difficult to understand why a vessel complying with the safety requirements of the 12 Pax Regulations and reachable by telephone may, in principle, be used for an unlimited number of trips every day anywhere in the territorial waters, whereas the same vessel is required to comply with other provisions if the company announces the trip schedule in advance or wants to reduce transport services and only use the vessel between two ports at a predetermined schedule.

The NMA received three consultative comments to the circulated proposal to remove the restriction on regular service. The Norwegian boat association (HRF) is critical of the proposal, stating that such a change will reduce the safety of passengers with disabilities, and that it is unacceptable to allow regular service at high speed without requiring a radar.

In the first part of their comment, it is stated that the 12 Pax Regulations do not have any specific rules on universal design and safety of persons with disabilities. The new Regulations are not making any amendments in this regard. There are also no requirements for universal design for vessels of less than 15 metres holding a Passenger Certificate, cf. Regulations of 1 July 2014 No. 1072 on the construction of ships, section 5. As to whether a vessel complying with the Regulations for vessels carrying 12 passengers or less is sufficiently equipped to sail under all conditions, see the Ship Safety and Security Act sections 11 and 14: A ship shall be so operated, maintained and navigated in such a way that it according to its purpose and trade area provides for satisfactory safety concerning life, health, property and the environment. This implies that the company and the master of the vessel must take the vessel’s construction and outfitting into consideration when planning the voyage. The vessel shall be docked in weather conditions for which the vessel is not constructed or equipped. This also applies to vessels with a Passenger Certificate.

According to Vestfold county municipality, this proposal is beneficial to tourism, making it easier to build up commercial activities and announce regular arrival and departure times.

The third consultative comment illustrates some of the challenges related to the restriction on regular service when referring to the fact that passenger vessels kept on standby to maintain a connection between towns in Skjervøy municipality when the roads are closed due to snow slides 4 to 5 times a year, are supposed to have a Passenger Certificate.

The NMA has also received verbal feedback on the Regulations. A simplification of the provisions will make it easier to provide a public transport service for local communities which currently do not have enough passengers to start a shuttle service with a certified passenger vessel, for example a weekend shuttle service during the summer months.

Based on this, the requirement of a Passenger Certificate for vessels carrying 12 passengers or less in regular service has not been continued.

Vessels which are rented out without master, crew or instructor

Vessels which are rented out without master or crew are not subject to the Ship Safety and Security Act and consequently not to regulations issued pursuant to this Act. Therefore, it is not necessary to exempt this group in regulations issued pursuant to the Ship Safety and Security Act.

Vessels which are rented out without master or crew from a lessor are referred to in the Norwegian Official Report NOU 2005: 14 På rett kjøl (only in Norwegian) item 7.1.3.2 regarding the substantive scope of the Act (our underlining):

The committee also refers to comments about the term “commercial purposes” in connection with the Act relating to Recreational and Small Craft, see Ot.prp. No. 51 (1997-98) page 29, which states that «boats which are rented out for leisure activities shall be considered recreational craft. Even though the lessee's use can be said to be part of the lessor’s commercial activities, it is not a part of the lessee's commercial activities. A lessee who uses the boat on his/her leisure time uses the boat for non-commercial purposes, and the boat is consequently considered a recreational craft. This statement obviously refers to cases where the boat is rented out without the lessor, or another person acting on the lessor's behalf, being on board during the rental period . It is a different situation if the lessee rents the boat with the lessor or his/her personnel as crew on board. In this case, the operation is a part of the lessor's use for commercial purposes, and the boat is subject to the Act.

The exemption for “vessel’s which are rented out without master or instructor”, which is present in the current 12 Pax Regulations section 1 second paragraph (e), is not continued in the new Regulations because it does not apply to this type of vessels.

Boat hire is a consumer service which is also subject to the Product Control Act, and the Norwegian Directorate for Civil Protection has published an informational leaflet about this called “Forbrukertjenesten båtutleie” (only in Norwegian).

Section 2 Special rules for vessels used for safe boating activities, vessels used by associations or societies and vessels of 10 metres in length or less

The consultative comments.

The draft circulated for review included a proposal that two groups of vessels should comply with the rules for recreational craft: vessels used by members of associations or societies for leisure activities and vessels in the territorial waters of mainland Norway which have a propulsion machinery of maximum 25 hp /19 kW.

The NMA received several consultative comments to the circulated proposed Regulations. The first part of the proposal regarding vessels which are used by members of associations or societies for leisure activities, was well received. Most of the comments were also positive to the principle of exempting vessels based on the size of its propulsion machinery. However, several commented on the fact that the proposal did not take into account that different vessels may reach a different speed at 25 hp / 19 kW, and that larger vessels will need a larger machinery in order to navigate safely.

Based on these statements, this part of the provision in the adopted Regulations has been amended to ensure that more vessels are covered by the exemption provision. See comments to section 2 first paragraph (c).

However, it is not an objective to include as many vessels as possible in the exemption provision of section 2. Companies with vessels which are not covered by any of the exemptions must change their operation and adapt to the exemptions or comply with the Regulations as a whole.

A few responses imply that some companies are under the impression that the exemptions of section 2 apply to the vessels stated here, i.e. including vessels carrying more than 12 passengers. Therefore, the NMA wants to emphasise that section 2 of the Regulations only applies to vessels which are, in principle, subject to the scope of the Regulations, i.e. vessels of less than 24 metres in overall length carrying 12 passengers or less. Moreover, the exemptions of section 2 may not be combined with the provisions of the Regulations, for example by equipping the vessel to be able to carry 12 passengers compliant to the provisions of the Regulations and, additionally, carry 12 school children pursuant to section 2 first paragraph (a), a total of 24 passengers plus master.

Section 2 first paragraph (a): Vessels used for safe boating activities by schools, school camps or daycare centres

The intention of the draft circulated for review was to include schools and daycare centres in the proposed exemption for vessels with a propulsion machinery of maximum 25 hp / 19 kW. However, in May 2019, the NMA issued a press release in agreement with the Ministry of Trade, Industry and Fisheries stating that daycare centres, schools and school camps with vessels carrying 12 passengers or less could continue their activities related to safe boating and training as before, without having to apply for exemption, until the new Regulations would enter into force.

Moreover, in June 2019 [8] , the Ministry assigned the NMA to start the process of establishing separate Regulations for vessels carrying more than 12 passengers used for training purposes.

Considering that the press release of May already considers the recreational craft standard to give an adequate level of safety for this type of vessels, and that the Ministry in its letter from June clearly expresses that vessels used for training purposes will have simplified rules, it was natural to continue this exemption in the adopted Regulations. Therefore, section 2 first paragraph (a) provides a separate exemption for vessels used by schools, school camps or daycare centres for safe boating activities.

The term “safe boating” shall be widely interpreted, and it comprises all types of instruction, such as how to travel safely in a boat, but also includes elements of playing, having fun and gaining experiences. The schools, school camps or the daycare centres are not required to own and operate the vessel themselves. The provision may for example be used even if schools, school camps or the daycare centres borrow a vessel for the occasion, or if a coast organisation places a vessel at their disposal, cf. the wording “used by”.

The exemption includes vessels which are in principle covered by the scope of the Regulations, i.e. vessels of less than 24 metres in overall length carrying 12 passengers or less, regardless of the size of the propulsion machinery.

The exemption states that sections 3 to 18 of the Regulations do not apply to vessels carrying 12 passengers or less used by schools, school camps or daycare centres for safe boating activities, and that such vessels may comply with the regulations applicable to recreational craft. See section 2 second paragraph.

It is a precondition that these institutions, or those placing the vessel at their disposal, have internal routines to ensure the safety on board. The NMA recommends that such vessels meet the following requirements in addition to the standard requirements applicable to recreational craft:

The vessel must operate at speed of less than10 knots.
The master of the vessel must have a boating licence [9] .
The mobile coverage in the area must be good, and the mobile phones must be stored in a watertight case.
All persons on board must wear suitable floatation equipment during the entire voyage.
The vessel must have a device on board making it possible to pick up a person from the water.

Section 2 first paragraph (b): Vessels used for leisure activities by members of an association or society

As a starting point, even when the operation of a ship is financed by government subsidies, memberships of associations, etc. instead of payment in cash, the company shall comply with the Ship Safety and Security Act with appurtenant regulations. See the official Norwegian report NOU 2005:14 item 7.1.3.2 and comments to section 1 first paragraph.

Nevertheless, based on an overall assessment, the NMA has for years accepted that vessels of less than 24 metres in overall length which are owned or operated by non-profit organisations comply with the rules for recreational craft, even if the entire operation or parts of it is financed by membership fees.

The provision of section 2 first paragraph (b) codifies this administrative practice by setting out that sections 3 to 18 of the Regulations do not apply to vessels used for leisure activities by members of associations or societies. By “members” we refer to natural persons, not legal persons such as institutions or other organisations.

For the exemption to apply, the association or society must be registered at the Brønnøysund Register Centre. It is a precondition that the association or society has maritime competence as stated in section 2 second paragraph in order to ensure safe operation maintaining the safety of the members.

The exemption applies to all types of vessels which are in principle covered by the scope of the Regulations, i.e. vessels of less than 24 metres in overall length carrying 12 passengers or less regardless of the size of the propulsion machinery. The wording “used by members” has been chosen not to exclude any cases where private individuals or other entities place a vessel at the association’s disposal.

Associations or societies must provide information about their activities on their website or in social media, etc. The NMA does not lay down specific requirements as to how individuals become members or who can be members, and this provision gives associations and societies great flexibility. However, the members must have the intention of being members over time (real members), and member lists must be kept to provide information about the duration of the membership, etc. When the general public are invited to join a trip, or if anyone without any ties to the organisation pays a “membership fee” instead of paying for a ticket to join a single voyage, the Ship Safety and Security Act and regulations pursuant to the Act will apply.

The provision applies when the vessel is used for “leisure activities” . This is a broad which comprises all types of activities that recreational craft are used for during leisure time. The exemption may for example apply to coast organisations where members take part in voluntary work and use the association's vessels, yacht clubs using their vessels for trips or regattas or sea scouts on excursion. The term “leisure activities”is included to emphasise that the exemption does not apply to associations or societies whose main purpose is to meet the need for transport. (However, in such cases the exemption of section 2 first paragraph (c) may be used.)

For vessels covered by this provision, it is considered sufficient that the safety level is ensured by the requirements for construction, equipment and qualification that apply to recreational craft. Learn more about this by reading the comments to section 2 second paragraph.

Section 2 first paragraph (c) : Vessels of 10 metres in length or less operating in the territorial waters of mainland Norway where the vessel’s maximum propulsion power in relation to the vessel's overall length is listed in the table.

The draft circulated for review included a proposal to exempt vessels in the territorial waters of mainland Norway with a propulsion machinery of maximum 25 hp / 19 kW. The starting point for the proposal was the administrative practice for vessels of 6 metres or less carrying 5 passengers or less, where the vessels did not need to comply with the 12 Pax Regulations.

As a result of the many consultative comments on this matter, the NMA decided to adjust the provision. Consequently, vessels of 6 metres and upwards may have a propulsion machinery of more than 25 hp / 19 kW and still be covered by the exemption. This provides more flexibility, while maintaining the need for simple rules that are easy to enforce.

The new provision will make it easier for associations, societies, museums, coast organisations, etc. that want to exhibit different types of vessels at gatherings and festivals by letting the passengers row a boat or sail a ship. If the passengers have the vessel at their disposal without a master, crew or instructor, such vessels shall comply with the requirements that apply to recreational craft. However, it is often preferable to bring along a person who is familiar with the vessel to guide or operate the vessel, which means that the provisions of the Ship Safety and Security Act become applicable. The exemption provision of the new Regulations means that the provisions for recreational craft may be complied with in such cases as well.

The provision of section 2 first paragraph (c) states that vessels in the territorial waters of mainland Norway, which have a limited propulsion machinery compared to the overall length of the vessel as referred to in the table, do not need to comply with sections 3 to 18 of the Regulations. Such vessels may operate based on the provisions for recreational craft. See section 2 second paragraph.

The exemption applies to vessels of 10 metres in overall length or less carrying 12 passengers or less on board. Vessels with no propulsion machinery are also subject to the provision. A limit of 10 metres has been set because it is not desirable that, for example, larger sailing vessels used for different commercial activities be exempt from the safety requirements of the Regulations. Four steps are introduced and specified in the table:

The table should be read in such a way that a vessel of 8.20 metres in overall length may have a propulsion machinery of maximum 60 hp, while a vessel of 7.9 metres in overall length may have a propulsion machinery of maximum 40 hp and at the same time comply with the rules for recreational craft.

Vessels which are covered by this provision may be used for all types of activities, and the master or an instructor may be on board. With regard to the exemption, it is irrelevant if such voyages are paid for directly or indirectly by the passengers.

The provision is limited to vessels “in the territorial waters of mainland Norway” because it is not desirable that the exemption should apply to vessels operating in Svalbard.

For vessels covered by the exemption it is considered sufficient that the safety level is ensured by the requirements for construction, equipment and qualification that apply to recreational craft. Read more about this in the comments to section 2 second paragraph.

Section 2 second paragraph: Construction, equipment and qualification requirements

There were no comments to the proposal that vessels exempted in section 2 first paragraph should comply with the construction and equipment requirements as if they were recreational craft. The wording “as if they were recreational craft” was used to point out that these vessels are basically subject to the Ship Safety and Security Act. The wording in the adopted Regulations is simplified, reading that these vessels shall comply with requirements for construction and equipment “applicable to recreational craft”.

However, the proposal that a master of such vessel should have a boating licence regardless of the limits provided in the Regulations on requirements for minimum age and boating licence, etc. [10] raised some questions. The proposal also included stricter requirements regarding the current practice of vessels of 6 metres or less carrying 5 passengers or less, which in general do not need to comply with the 12 Pax Regulations. As a result of the comments, the provision of the adopted Regulations has been simplified, and the master of the vessel covered by one of the exemptions of the first paragraph, is covered by the qualification requirements applicable to recreational craft.

Requirements for construction, equipment and qualification applicable to recreational craft are set out, inter alia, in:

Act of 26 June 1998 No. 47 relating to recreational and small craft (the Small Craft Act);
Act of 11 June 1976 No. 79 relating to the control of products and consumer services (Product Control Act);
Regulations of 15 January 2016 No. 35 on the manufacturing and the placing on the market of recreational craft and personal watercraft;
Regulations of 3 March 2009 No. 259 on requirements for minimum age and boating licence, etc. for masters of recreational craft;
Regulations of 22 November 2011 No. 1523 on qualifications and certificates for seafarers sections 1 and 29.

Section 3 The company's duty to submit information

Three consultative comments were made on the proposal to implement a duty for the company to submit information. According to the Confederation of Norwegian Enterprise (NHO), a public accessible list will be a seal of approval for tourism. The organisation also stresses that the administration process must be simple and preferably be an on-line service. The Norwegian boat association (HRF) claims that a registration system has no value if there is no mandatory inspection. However, it is also acknowledged that an announcement of registered companies can be a positive contribution. Ravnafloke AS believes that a registration system will only lead to additional work and bureaucracy.

The purpose of implementing a registration obligation is based on the report from the Accident Investigation Board Norway (AIBN) concerning a man overboard accident on a RIB in Olden on 22 July 2015 (Safety Recommendation MARINE No. 2017/06), where the NMA was advised to take the necessary steps to get an overview of the RIBs carrying 12 passengers or less for commercial purposes and the companies that operate them. This provision replaces the requirement of section 4 fifth paragraph of the 12 Pax Regulations stating that the company shall conduct an annual internal audit of the safety management system and internal procedures in accordance with the report form provided by the Norwegian Maritime Authority. Therefore, the company’s duty to register will not entail significantly more work than today. The only difference is that a form, which must still be filled out, must be submitted for registration.

The company shall register information about their operation at the Norwegian Maritime Authority (NMA) prior to any transport of passengers. This takes place when the company completes a brief form and sends it to [email protected] for registration. The registration is valid for up to one year before it is automatically deleted. The company must actively renew the registration at least once a year. In this way, the overview of the different actors in the database will be updated. In the long term, a web-based solution may be developed.

The NMA does not process the submitted information, and the registration does not involve any approval of the company. The NMA will consider to publish a list of the registered companies, so that the public are introduced to the companies that will be able to operate pursuant to the Regulations.

According to the NMA, the registration obligation will make the companies more aware of their responsibilities pursuant to the Ship Safety and Security Act and appurtenant regulations. The NMA will also be using the information for control and statistical purposes.

Section 4 Safety management system

The provision sets minimum requirements for the company’s internal safety management system. The purpose of the safety management system is to make it easier for the company to assess risks for day-to-day operations and thus ensure safety by preventing injuries or loss of life and avoid environmental and material damage.

The safety management system shall be adapted to the vessel operation. It is not a goal to have an extensive system. In practice, the system may consist of a file of a few pages with a copy kept on board, cf. section 4 third paragraph.

The system shall be a living document to be continually updated. If the company’s experiences indicate that routines or operational limitations should be changed, the system must also be changed.

The letters (a) to (g) give guidance on what the system should contain as a minimum.

Letter (a): a description of the operation and area of operation, including any area which may be used as a shelter (port of refuge

The company shall give a brief description of their activities (sea rafting, tourism, sightseeing, taxi boat operations, etc.) and in which geographical area it operates.

The reference to “any area which may be used as a shelter (port of refuge)” is included as a reminder that the company in some cases has an obligation to identify ports of refuge. See sections 7 and 8 relating to operational limitations.

Letter (b): a description of the individual vessel, including technical specifications, operational limitations due to vessel construction and equipment as well as the number of persons for which the vessel is designed

The company must consider any limitations arising from the vessel’s construction and equipment and establish operational limitations based on these factors. The CE category of the vessel will be a good reference in this respect. For vessels which are not CE marked, the rules applying to the vessel’s construction and its former use, if any, will be discretionary reviewed. The company must consider the vessel’s loading capacity and stability when bringing along passengers’ personal luggage.

Even though the Regulations are basically applicable 12 nautical miles from the baseline, this does not mean that any vessel may be used to sail in all waters. The company must make sure that the vessel in question is suitable for sailing in the respective area.

“The number of persons for which the vessel is designed” refers to the fact that the company must be aware of the number of persons (passengers and crew) the vessel can carry. A CE-marked vessel includes a label stating the maximum number of persons on board, a number not to be exceeded. For vessels which are not CE marked, the number of persons on board must be determined by discretion. Please note that limitations with respect to the number of persons on board also may be a requirement of the Regulations, e.g. a requirement of permanent seats or standing places, cf. section 9. The maximum number of passengers shall not exceed 12, regardless of the vessel label.

Letter (c): voyage planning procedures

The company must establish routines for voyage planning. All voyages shall be planned by means of updated nautical charts and publications, e.g. tide tables and The Norwegian Pilot Guide – Sailing Directions. The planning may take place on shore, and it is not necessary to keep nautical publications on board the vessel. Obtaining weather forecasts will be part of the voyage planning.

Letter (d): routines for the use of accompanying vessels, including communication between the vessels

The Regulations include provisions on the use accompanying vessels in sections 7 and 8. When accompanying vessels are used, the company must have a plan as to how this should be done, including communication between the vessels. The company must have a specific arrangement with the accompanying vessel. The fact that there are usually other vessels near the operational area does not fulfil the requirement of accompanying vessels.

Letter (e): a description of risk factors for the crew and passengers when the vessel is underway or when using tools or equipment on board, as well as measures to prevent incidents

The system must include a description of risk factors for crew and passengers when the vessel is underway. The descriptions will depend on the vessel, whether it is an open boat sailing at a low speed in calm waters or a vessel used for sea rafting.

The Regulations also apply to vessels with equipment on board which can pose a risk to passengers, for example lifting appliances or fishing gear. The wording “using tools or equipment on board” is included to remind the companies to respect this aspect, for example by closing off risk areas for the passengers or taking other precautions.

Letter (f): maintenance procedures for vessels and equipment

Letter (f) points out that maintenance procedures for vessel and equipment must be in place. “Equipment” refers to all equipment on board in general, including equipment required by the Regulations, such as life-saving appliances and radio communication.

Letter (g): an emergency plan for use in different emergencies, including drill routines

The expression “emergency plan” is used in SOLAS and may comprise several plans for use in different emergency situations, see SOLAS regulation 29 in chapter III. The scope of an emergency plan for a vessel carrying 12 passengers or less must be adjusted to the size and use of the vessel. The emergency plan must take into account any emergency which can reasonably be expected to occur, such as fire, man overboard incidents, engine breakdown, capsizing, etc. Additionally, the crew must carry out drills, such as man overboard drills, to ensure that these incidents can be handled in an acceptable manner.

Second and third paragraphs

The second paragraph is taken from the Regulations of 16 December 2016 No. 1770 on safety management for small cargo ships, passenger ships and fishing vessels, etc. section 11. The provision states that the safety management system is a living document that must be updated as necessary. Generally, reviewing the system once a year is sufficient. However, if experience suggests that routines or operational limitations should be changed at an earlier time, the company must do so.

The third paragraph is new and specifies the importance of having a safety management system available on board. The system shall be available to the master of the vessel and shall be presented upon request at inspections. The safety management system on board may be in an electronic format, cf. the wording “available”.

Section 5 Safety briefing

The safety briefing shall be given in a language understood by the passengers. This is done in a way determined by the company. Normally, the requirement is complied with if the briefing is given in Norwegian or English.

The safety briefing shall be designed for the purpose of the voyage. It makes a difference if the purpose of the voyage is to experience the speed and excitement of sea rafting or to be transported from A to B. In the first scenario, it may be wise to give the passengers information about where to sit and what to hold on to when hitting a wave, etc., whereas this may be unnecessary information in the second case.

The provision must be viewed in the context of section 4 first paragraph (c) and (e) that the safety management system shall describe routines for voyage planning and risk factors for the crew and passengers when the vessel is underway.

Chapter 2 – Manning and operational limitations

Section 6 qualification requirements and manning.

Section 6 first paragraph is first and foremost a reminder to the company: The master of the vessel shall have the qualifications required by the Regulations of 22 December 2011 No. 1523 on qualifications and certificates for seafarers (Qualification Regulations). This means that the master of the vessel shall hold personal certificates as stated in the Qualification Regulations.

The qualification requirements currently set out in chapter 6 of the 12 Pax Regulations are now moved to the Qualification Regulations. Read more about this in item III. The Qualification Requirements apply to Norwegian ships only. In order to continue the principle of the 12 Pax Regulations regarding masters of foreign vessels carrying 12 passengers or less to have at least the same competence as masters of equivalent Norwegian vessels, a provision is included in section 6 second paragraph on masters of foreign vessels. The provision applies to vessels which do not have a Norwegian personal certificate pursuant to the first paragraph.

According to section 6 second paragraph, the master of a foreign vessel must be able to document training providing a level of competence equivalent to the requirement of the first paragraph of the Qualification Requirements. Moreover, the master shall hold a personal certificate issued by the vessel’s flag State which entitles the master to commercial use of a vessel carrying 12 passengers in the designated trade area.

Generally, it is sufficient for the vessel to be manned by one person. However, the third paragraph requires the company to consider whether it is necessary to increase the manning in order to ensure the safety of the passengers. This may be appropriate to perform tasks such as keeping a look-out, assisting children or passengers with special needs or taking care of passengers in an emergency. Waiting personnel, etc. is also regarded as extra manning.

The master and any extra manning are not included in the number of passengers. The total number of persons on board (manning and maximum 12 passengers) shall not exceed the recommended number for the vessel, see comments to section 4 (b).

Regulations of 18 June 2009 No. 666 on the manning of Norwegian ships do not apply to vessels only complying with the Regulations for vessels of 24 metres or less carrying 12 passengers or less. See section 6 about qualification requirements and manning requirements for these vessels.

Section 7 Operational limitations in the territorial waters of mainland Norway

Consultation.

Section 6 of the 12 Pax Regulations only applies to vessels “operating at speeds of 20 knots or more”. This condition implies that all operational limitations set out from letters (a) to (e) will be dropped if the vessel sails at a speed of 19 knots. In other words: A speed of 21 knots in a specific area may be illegal, while 19 knots in the same area may be legal.

Several consultative comments were made on the proposal to amend the provision on operational limitations on mainland Norway. In the draft, the NMA proposed that operational limitations should depend on whether the vessel has a superstructure which provides protection against the weather for all passengers, not on the operational speed of the vessel. This would have unintentional consequences for some companies. Thus, the principle of the 12 Pax Regulations is continued in the 12 Pax Regulations where the operational speed is decisive. The wording in the provision is updated for simplification purposes. However, the substantive content is mainly the same as in section 7 (a) to (c) of the 12 Pax Regulations.

Comments on the provision

Section 7 sets out operational limitations for vessels without a superstructure that provides protection against the weather for all passengers. The provision continues current law when section 7 (a) to (c) of the 12 Pax Regulations are read in context. The only difference is that the period of fewest restrictions is expanded from 15 April–15 September to 1 April–30 September. This is done because the turn of the month is a more natural divide. Nevertheless, the company and the master of the vessel must adjust the speed to the conditions, cf. the principle of the Ship Safety and Security Act section 14.

Vessels with a superstructure that provides protection against the weather for all passengers do not have any particular operational limitations. For these vessels, any limitations will be determined by the company’s safety management system or the master’s assessments.

Letter (a) establishes a speed restriction of 20 knots for vessels operating in trade area 4 or greater trade area during the period from 1 October to 31 March. A vessel without a superstructure that provides protection against the weather for all passengers may sail in trade area 4 or greater trade area during this period as long as the speed does not exceed 20 knots.

Letter (b) states that when the vessel is running at a speed of more than 20 knots in trade area 3, trade area 4 or greater trade area during the period from 1 April to 30 September, the distance to the port of refuge or to the accompanying vessel which can carry all passengers on board both vessels, shall not exceed 5 nautical miles. The requirement of distance to the port of refuge or to the accompanying vessel is dropped as long as the speed does not exceed 20 knots.

The Regulations do not impose requirements on the accompanying vessel other than that it shall be able to carry all persons on board both vessels. The accompanying vessel will be used in case of an emergency, and the accompanying vessel is not required to be equipped in accordance with the 12 Pax Regulations or be certified to carry more than 12 passengers. The company must have a specific arrangement with the accompanying vessel, see comments to section 4 (d). The fact that there are usually other vessels near the operational area, does not fulfil the requirement of accompanying vessels. Two vessels which are both complying with the Regulations on vessels carrying 12 passengers or less and which are both operating together, will comply with the requirement of an accompanying vessel.

In section 4 first paragraph (a), the term “port of refuge” as used in these Regulations is defined as an area which may be used as a shelter by a vessel. Additionally, the term comprises natural ports that provide adequate protection. The port of refuge does not have to be approved or comply with any other requirements. It is up to the company to find suitable ports of refuge and describe them in the safety management system.

In order to document compliance with this provision, a vessel without a superstructure that provides protection against the weather for all passengers and operates in trade area 3 or greater trade area carry equipment on board which continuously is showing the vessel's speed. The master must always be able to pay attention to the speed during the voyage. Using a smartphone to measure the speed of the vessel from time to time before putting the phone away, is inadequate.

The current letter (d) (“Operations shall only be carried out in daylight and under good conditions of visibility”) is repealed because it is the master's responsibility to navigate the vessel safely, cf. section 14 of the Ship Safety and Security Act. This means to adjust the speed and navigation according to weather, light and visibility.

The current letter (e) (“The vessel cannot carry passengers under the age of 14 years, unless each passenger is accompanied by an adult») is repealed because the provision violates the principle that the vessel’s crew alone shall take care of the passengers, see also comments to section 6.

Section 8 Operational limitations in the territorial waters surrounding Svalbard

Two consultative comments were made on section 8. The Governor of Svalbard generally supports the proposed amendments. The Norwegian Polar Institute has one comment on the term “port of refuge”.

The first paragraph establishes that voyages in the territorial waters surrounding Svalbard are permitted only from 1 May to 31 October. This period applies regardless of whether the vessel has a superstructure or not. Companies which in exceptional cases need to sail at other dates must apply for an exemption, cf. section 18.

However, a vessel without a superstructure that provides protection for all passengers are only permitted to sail in the geographical areas specified in second paragraph and, of course, only during the period stated in the first paragraph.

The third paragraph establishes further operational limitations for a vessel without a superstructure that provides protection for all passengers and operates in the areas stated in the second paragraph (b) or (c). The distance to the accompanying vessel or port of refuge shall not exceed 5 nautical miles. In section 4 first paragraph (a), the term “port of refuge” as used in these Regulations is defined as an area which may be used as a shelter by a vessel. Additionally, the term comprises natural ports that provide adequate protection. The port of refuge does not need to be approved or comply with any other requirements. It is up to the company to find suitable ports of refuge and describe them in the safety management system.

The Regulations do not impose requirements on the accompanying vessel other than that it shall be able to carry all persons on board both vessels. The accompanying vessel will be used in case of an emergency, and the accompanying vessel is not required to be equipped in accordance with the 12 Pax Regulations or be certified to carry more than 12 passengers. The company must have a specific arrangement with the accompanying vessel. See comments to section 4 (d). The fact that there are usually other vessels near the operational area, does not fulfil the requirement of accompanying vessels. Two vessels which are both complying with the Regulations on vessels carrying 12 passengers or less and which are both operating together, will comply with the requirement of an accompanying vessel.

The fourth paragraph applies to vessels used close to glaciers. Vessels used for voyages close to glaciers must have equipment on board for measuring the distance to the glacier front. The Regulations do not specify further requirements for the measuring equipment. There are different types of distance-measuring instruments.

Chapter 3 – Construction and equipment

Section 9 design requirements.

The company must be able to document that one of the three alternatives in section 9 first paragraph (a), (b) or (c) is complied with. If such documentation is not available, the company must provide it.

All vessels shall be well maintained and in good condition as long as they are in operation, cf. the principle of the Ship Safety and Security Act section 11.

16.1 first paragraph (a): CE marked as a recreational craft

The general rule of section 9 first paragraph of the 12 Pax Regulations is that the vessel shall at least be designed and constructed to withstand wind force and wave height as specified for its category with regard to stability, buoyancy and other relevant basic requirements set out in Annex 1 to the Regulations on the production and the placing on the market of recreational craft. In practice, this means that the vessel shall be CE marked as a recreational craft, cf. Regulations of 15 January 2016 No. 35 on the manufacturing and the placing on the market of recreational craft and personal watercraft.

This general rule is continued in the new Regulations section 9 first paragraph (a). According to the Ministry of Justice and Public Security, the provision will be more user-friendly if it includes a reference to the Regulations of 15 June 2016 No. 35 on the manufacturing and the placing on the market of recreational craft and personal watercraft.

If the vessel used is CE marked and this can be documented, the basic construction requirement is met.

First paragraph (b): constructed based on a standard equivalent to the legislation for CE marking of recreational craft

Vessels which are not CE marked are subject to section 9 first paragraph (b). Such vessels shall be constructed in accordance with a standard equivalent to the legislation for CE marking of recreational craft. The wording “legislation for CE marking of recreational craft” is a reference to section 9 first paragraph (a).

Vessels which are not CE marked must be assessed against the safety standard stated in the Regulations of 15 January 2016 No. 35 on the manufacturing and the placing on the market of recreational craft and personal watercraft. This provision continues the requirement of the 12 Pax Regulations section 9 second paragraph (“equivalent or more stringent requirements for technical safety”). It is of course possible to use vessels that meet stricter requirements than those laid down in the legislation for CE marking of recreational craft.

In order to comply with the requirement, the company must, as a minimum, be able to present documentation proving that the vessel is designed in a way which makes it suitable to carry passengers for the designated trade area. Such documentation could be that the vessel was originally constructed according to the Nordic Boat Standard, or that the vessel has previously been certified as a passenger ship.

First paragraph (c): protected or given status as historical by the Norwegian Directorate for Cultural Heritage

The letter (c) applies to vessels which are protected or given status as historical by the Norwegian Directorate for Cultural Heritage. Such vessels are usually exempt from the requirement for CE marking due to their year of construction and shall generally comply with section 9 first paragraph (b) concerning an equivalent safety standard.

In order to avoid misunderstandings of what needs to be documented for vessels which are protected or given status as historical, a separate provision for this group of vessels is adopted based on section 6 of the Regulations of 17 June 2014 No. 768 on special rules for protected or historical ships carrying more than 12 passengers.

For this type of vessels, it is especially important that the company establishes sensible operational limitations, see comments to section 4 first paragraph (b).

Second paragraph – seats or standing places

The wording in the draft Regulations has changed somewhat in the 12 Pax Regulations. The alternative standing places was not included in the draft. Two consultative comments were received on this provision. As a result of this, the wording is adjusted in the final text of the Regulations, and the alternative of standing places is now included.

The Regulations comprise different types of vessels used for various activities. There is no need for permanent seats with backrests on all vessels. The companies must decide which solution is appropriate for their operations. This provision only requires that any backrests on board must be properly secured.

Third paragraph – dead man’s switch

The third paragraph is new and introduces a requirement on board vessels with an outdoor steering position be equipped with a dead man’s switch, which stops the propulsion machinery in the event of the master falling overboard. This equipment must be used when the craft is underway, which is something the company should include in their safety management system.

The provision is also based on the recommendations made in the report from the Accident Investigation Board Norway (AIBN) concerning a man overboard accident on a RIB in Olden on

22 July 2015 (Safety Recommendation MARINE No. 2017/06). At the time of the accident, the vessel was equipped with a dead man’s switch. However, the switch was not used by the master who fell overboard. One of the passengers was able to stop the vessel by activating the dead man's switch. The course of events shows how important a dead man's switch can be.

According to consultative comments, the requirement of having a dead man's switch is not appropriate for sailing vessels operating at a moderate speed where the master performs different tasks with another action radius than on an open vessel which is more motorised. Sailing vessels are therefore exempt from the requirement of having a dead man’s switch. Moreover, vessels which are protected or given status as historical by the Norwegian Directorate for Cultural Heritage are also exempt, as such a requirement may be in conflict with the principle of section 9 first paragraph (c) concerning that these vessels must satisfy the construction requirements applicable at the time of the construction of the ship.

Some vessels have a steering position both inside and outside. Therefore, the provision specifies that the requirement of a dead man’s switch applies to vessels “which only have” an outdoor steering position.

Generally, the Regulations accept recreational craft standards for equipment. This also applies to the emergency stop mechanism.

Section 10. Compass, nautical charts and AIS

The first paragraph specifies that the compass shall comply with the standards of EN ISO 25862:2009, and this reference is included to avoid the use of compasses not designed for maritime use, such as an application on a smartphone, etc.

The second paragraph stipulates that all voyages must be planned using updated nautical charts and necessary nautical publications, e.g. tide tables and The Norwegian Pilot Guide – Sailing Directions. Keep nautical publications on board is no longer a requirement. However, up-to-date official nautical charts must be kept on board for the master’s disposal. The proposed draft also specifies that nautical charts used with a chart plotter must be based on chart data from the Norwegian Mapping Authority.

In connection with the work on the Regulations of 7 June 2019 No. 710 on the construction, equipment and operation of passenger ships in the Norwegian territorial waters surrounding Svalbard, emergency response agencies informed the NMA of their request to equip all ships in the territorial waters surrounding Svalbard with AIS. Therefore, the third paragraph stipulates that vessels in the territorial waters of Svalbard shall be fitted with AIS class B. The AIS shall always be in operation when the vessel is underway.

The requirement to carry lanterns is according to the Regulations of 1 December 1975 for preventing collisions at sea (Norwegian Rules of the Road at Sea). Section 12 second paragraph of the 12 Pax Regulations stating that the vessel must be fitted with a set of masthead lights, stern lights and side lights is not continued.

Section 12 third paragraph of the 12 Pax Regulations on field of vision from the steering position is removed, as these construction-related requirements are covered by the standards that form the basis for the CE marking.

Section 11 First-aid equipment

The provision regarding necessary first-aid equipment on board the vessel has been simplified in comparison to the draft document.

The company must decide which first-aid equipment is relevant to have on board based on the existing risk factors. For example, the first aid equipment must be designed to stop major bleeding, cool down the skin in the case of burns, etc.

Chapter 4 – Radio communication

As a result of consultative comments, the chapter on radio communication has been somewhat adjusted compared to what was in the draft document.

The proposed Regulations continue the requirement for a radio safety certificate in section 10 third to fifth paragraphs of the 12 Pax Regulations, but only for fixed radio equipment. In the adopted Regulations, the requirement for a radio test and a radio safety certificate for radio is completely removed. The reason for this is partly the general objective of simplifying the legislation, but first and foremost that the requirement violates the Regulations’ principle that it is the company’s responsibility to make sure that all requirements are complied with. It is difficult to justify why it is necessary to test the radio equipment when the Regulations do not impose requirements for a pre-check of for example the vessel’s construction, operational limitations or life-saving appliances.

Section 12 Radio equipment

First paragraph.

The first paragraph stipulates that the vessel shall be fitted with VHF radio equipment with DSC and watch receiver for channel 70, abbreviated to “VHF/DSC equipment” in the Regulations. The provision also specifies when the VHF/DSC equipment must be fixed and when hand-held VHF/DSC equipment can be accepted. Hand-held VHF/DSC equipment can be used in trade area 3 or lesser trade area. VHF/DSC equipment shall be fixed in all other trade areas and in the territorial waters surrounding Svalbard.

The specification that a headset with a microphone could be connected to the hand-held or fixed VHF radio equipment has been removed. The company is responsible for finding appropriate ways of using the radio equipment.

Second paragraph

Parts of the territorial waters surrounding Svalbard are outside of sea area A1, where it is not sufficient to only use VHF/DSC equipment. Therefore, the Regulations state that vessels sailing outside sea area A1 in the territorial waters surrounding Svalbard shall, in addition to the VHF/DSC equipment, be fitted with MF radio equipment with DSC which can transmit and receive on the frequencies 2187.5 kHz for DSC and 2182 kHz for radio telephony. The requirement to have such equipment on board was formerly specified in the functional requirements of section 10 first paragraph of the 12 Pax Regulations. As an alternative to the MF radio equipment with DSC, the vessel can be fitted with a satellite phone from an operator offering coverage in the sailing area.

Third paragraph

Section 12 third paragraph specifies that fixed VHF/DSC equipment (referred to in the first paragraph) and MF radio equipment with DSC (referred to in the second paragraph) shall be connected to a satellite navigation receiver, to make it easy to state the vessel’s position in an emergency. Hand-held VHF/DSC equipment (referred to in the first and fourth paragraph) shall have an integrated satellite navigation receiver.

Fourth paragraph

The fourth paragraph stipulates that vessels carrying a liferaft or liferafts shall be equipped with hand-held VHF/DSC equipment, one piece for each of the vessel’s liferafts.

If the vessel operates in trade area 3 or lesser trade area and is equipped with hand-held VHF/DSC equipment based on the first paragraph of the section, and if the company chooses to equip the vessel with a liferaft, the requirement of the fourth paragraph is new. If a vessel with one liferaft operates in trade area 4 or greater trade area, the VHF/DSC equipment shall be fixed pursuant to the first paragraph, and the vessel shall also have on board one piece of hand-held VHF/DSC equipment pursuant to the fourth paragraph. If the vessel carries two liferafts, two pieces of hand-held VHF/DSC equipment must be on board.

Fifth paragraph

The fifth paragraph merges section 13 third and fourth paragraphs of the draft and simplifies the rules compared to the current section 10 note 1 indent 1 and 2 and note 5 indent 3 of the 12 Pax Regulations. These Regulations apply to several types of vessels, and it is therefore appropriate to make the requirements more functional.

The fifth paragraph first sentence of these Regulations states that the radio equipment shall provide a sufficient power supply for the entire planned voyage. “The radio equipment” refers to the required equipment stated in section 12 first, second and fourth paragraph, including satellite phone. If something happens to the main source of energy, there shall be a backup source of energy with a capacity to supply power for at least 6 hours. Both the main and the backup power can be batteries.

Sixth paragraph

It is common that vessels used for commercial purposes are wheel-marked pursuant to the Ship Safety and Security Regulations [11] . In general, equipment intended for the recreational craft market is accepted pursuant to the Regulations for vessels carrying 12 passengers or less, and to emphasise this difference, the sixth paragraph states that the radio equipment shall be CE marked. This is a minimum requirement which applies to the Regulations, and it is of course possible to comply with the requirements by having equipment which is wheel-marked pursuant to the Ship Safety and Security Act.

Seventh paragraph

Section 12 seventh paragraph is new and applies to vessels operating on rivers and lakes where there is no VHF coverage. Based on section 5 first paragraph of Regulations of 1 July 2014 No. 955 on radiocommunication equipment for Norwegian ships and mobile offshore units, vessels in these areas are exempt from the requirements of this section. Companies with vessels on rivers or lakes should consider other communication options, for example a mobile phone or a satellite phone.

Section 13 Float-free satellite EPIRB

Section 13 continues current law.

The first paragraph describes the requirement to carry float-free satellite (EPIRB) for vessels in trade area 4 or greater trade area, formerly set out in (c) in the table of section 10 second paragraph of the 12 Pax Regulations. The second and third paragraphs are a linguistically simplified continuation of indent 1 and 2 in note 2.

Section 14 Radar transponder (Radar SART) or AIS transponder (AIS SART)

The provision continues the requirement to carry a radar transponder (Radar SART) or AIS transponder (AIS SART) for vessels in trade area 4 or greater trade area. This requirement was formerly set out in letter (d) and note 4 to the table of section 10 of the 12 Pax Regulations.

Section 15 Navigational and weather reports

The title of the provision was “NAVTEX receiver” in the draft circulated for review. However, the requirement to carry a NAVTEX receiver only applied to trade area 4 or greater trade areas. It was not required to keep the receiver on board if the vessel could receive navigational and weather reports by any other means.

It is important that the master has access to updated navigational and weather reports throughout the planned voyage. This also applies to lesser trade areas. Therefore, the provision in the Regulations is rephrased to a functional requirement in the first paragraph, requiring all vessels to be equipped to be able to receive updated navigational and weather reports for the entire planned voyage. The safety management system will describe how navigational and weather reports will be communicated to the master of the vessel.

The second paragraph continues current law of the 12 Pax Regulations section 10 second paragraph (b) and first indent in note 6 in the table. The former reference to “small coasting” is changed to “greater trade areas than 4”. This is done because “small coasting” has been defined as “never farther off the coast than 20 nautical miles from the Base Line” in the Trade Area Regulations [12] , while these Regulations only apply to the territorial waters 12 nautical miles from the baseline. A requirement of the Regulations referring to a geographical area not applicable to the Regulations would be misleading.

In section 15 second paragraph of the draft Regulations, the first and second paragraph are merged to make it clear that the requirement for a NAVTEX receiver only applies when the vessel cannot receive navigational and weather reports by any other means. The company must document that navigational and weather reports for the relevant voyage can be received by other means. This is conveyed in the safety management system. Thus, the NMA does not require an application for exemption from the requirement of carrying a NAVTEX receiver.

Chapter 5 - Life-saving appliances

Section 16 life-saving appliances.

To allow for sailing without a liferaft on board was one of the greatest amendments introduced by the 12 Pax Regulations. Consultative comments have been received proposing to remove the opportunity not to carry a liferaft. The NMA does not have any evidence to suggest that this alternative should be amended, and current law is continued.

Section 16 first paragraph (a) to (f) mainly continues current law. The main rule of the first paragraph must be seen in context of the second paragraph, which opens for not carrying a liferaft, floatation equipment or lifebuoy when all persons on board are wearing floatation equipment.

The term “liferaft(s)” is changed to “liferaft or liferafts” without changing the content of meaning. Similarly, the wording of the second and fifth paragraph is changed to “liferaft or liferafts”.

Section 16 first paragraph (f) of the Regulations simplifies the wording compared to section 13 first paragraph (f) of the 12 Pax Regulations. The provision continues the requirement to have a device on board that makes it possible to pick up a person from the water. The company is at liberty to find a solution that works for the individual vessel. The device must be tested as part of the company’s drills, cf. the safety management system, and it must be documented that it works.

Section 16 second paragraph of the Regulations is a simplification of the provisions in current section 13 second paragraph. The introduction of the provision is more explanatory than the current provision, pointing out that “It is not necessary to carry a liferaft or liferafts, floatation equipment or lifebuoy referred to in the first paragraph (a) to (c) if everyone on board wears (...)”. As before, there are two options; (a) and (b):

The letter (a) continues the alternative to not carry a liferaft or liferafts, floatation equipment or lifebuoy if everyone on board is wearing a one-piece floatation suit which alone or in combination with other floatation equipment, provide a buoyancy of 150 N. The alternative in section 13 second paragraph (a) second sentence of the 12 Pax Regulations (“Passengers who are to dive may during the voyage wear diving suits which alone or in combination with other CE marked floatation equipment provide a buoyancy of at least 150 N”) was not included in the draft Regulations. Based on feedback by phone, this alternative is continued in these Regulations section 16 second paragraph (a).

Section 16 second paragraph (b) is a simplification compared to the 12 Pax Regulations, which contains four different restrictions: a geographical restriction, a speed restriction, date restrictions and vessel length restrictions. In the new Regulations, the speed restriction is removed along with the vessel’s maximum overall length for vessels which may use the exemption. Moreover, the time span is expanded by four weeks to 30 September. Norsk leirskoleforening, a Norwegian school camp association, wanted a further extension of the period. However, this is not necessary, however, since school camp activities are granted a general exemption in section 2.

Compared to the 12 Pax Regulations, the requirement of buoyancy in section 16 second paragraph (b) of the 12 Pax Regulations has become more stringent and is changed from 50 N to 100 N, which is in accordance with the standards that the floatation equipment is constructed for. According to ISO 12402-3:2006 item 4.2.4, floatation equipment with a buoyancy level of 50 N is intended for competent skilled swimmers and requires active participation by the user and is not intended to keep the user safe for long periods of time. According to ISO 12402-3:2006 item 4.2.3, floatation equipment with a buoyancy level of 100 N is intended for use in protected waters for those who may have to wait for rescue. This equipment should not be used in rough conditions.

This provision continues current law. The requirement was formerly set out in section 13 first paragraph (b) of the 12 Pax Regulations. In the draft circulated for review, the provision was placed in section 17 first paragraph (b) but has been moved to a separate paragraph in the final Regulations for convenient reference.

No comments have been received on the proposal to introduce a requirement that persons staying outdoors on vessels of less than 8 metres in overall length should wear floatation equipment when the vessel is underway. This is in accordance with requirements applying to recreational craft, see Act of 26 June 1998 No. 47 relating to recreational and small craft section 23a. The term “persons” includes passengers and crew.

In the draft circulated for review, the provision was placed in section 17 first paragraph (b), but has been moved to a separate paragraph in the final Regulations for convenient reference.

The reason for this provision is that it would seem strange if persons on board a recreational craft of less than 8 metres in overall length would be required to wear suitable floatation equipment, whereas this requirement would be dropped if the same vessel was used for commercial purposes. The requirement will only apply to vessels carrying a liferaft. The second paragraph sets out requirements for persons to wear floatation equipment or floatation suit on board vessels not carrying a liferaft, and the fifth paragraph sets out requirements for Svalbard.

Persons staying outdoors on vessels of less than 8 metres which are equipped with a liferaft shall according to the fourth paragraph wear floatation equipment when the vessel is underway. According to section 16 first and fourth paragraphs, persons on a vessel equipped with a liferaft, are not required to use floatation equipment when the vessel is over 8 metres in overall length. It is the opinion of the NMA that it will be unfortunate for the provisions to allow for persons in open boats in the territorial waters surrounding Svalbard not to wear floatation equipment of any kind.

Accordingly, the fifth paragraph states that persons on board vessels without a superstructure in the territorial waters surrounding Svalbard shall wear a one-piece floatation suit which alone or in combination with other floatation equipment provides a buoyancy of 150 N. Whereas section 16 second paragraph (a) is an alternative that the company may choose to comply with, section 16 fifth paragraph is a requirement.

Vessels subject to section 16 fifth paragraph do not need to carry a liferaft or liferafts, floatation equipment or lifebuoy as referred to in the first paragraph (a) to (c). Based on the NMA’s experience, this corresponds to the practice currently used at Svalbard, and no consultative comments have been received on this issue.

The requirement that floatation equipment and one-piece floatation suits must be CE marked is moved from the first and second paragraphs and is combined in the sixth paragraph. The specifications on buoyancy and requirements for CE marking mean that floatation equipment and one-piece floatation suits must be produced in accordance with relevant ISO standards.

Apart from the references applying to thermal protection, references to the ISO standards in section 13 third paragraph of the 12 Pax Regulations are removed. The purpose of pointing out that floatation equipment and one-piece floatation suits shall be CE marked is to make it clear that the Regulations accept the use of equipment which is initially intended for leisure activities.

It is common that vessels used for commercial purposes have life-saving appliances that are wheel-marked in accordance with the Ship Safety and Security Regulations [13] , whereas equipment intended for the recreational craft market is generally accepted pursuant to the Regulations for vessels carrying 12 passengers or less. This is a minimum requirement which applies to the Regulations in general, and it is of course possible to comply with the requirements by having equipment which is wheel-marked pursuant to the Ship Safety and Security Act.

Section 17 Stowage and maintenance of life-saving appliances

The first and second paragraph continues section 14 of the 12 Pax Regulations.

The third paragraph continues section 15 first paragraph of the 12 Pax Regulations, pointing out that life-saving appliances shall be ready for immediate use when the vessel is underway. The appliances may be locked up or stored ashore when the vessel is not in use. In such cases, the company must establish procedures in the safety management system that ensure that the life-saving appliances are taken on board and made ready for use before the ship leaves the berth.

The fourth paragraph on maintenance merges the third, fourth and fifth paragraphs of section 15 of the 12 Pax Regulations. The Regulations accept CE marked equipment, and it is considered to be more user-friendly to replace the former references to SOLAS with a sentence on maintaining the equipment in accordance with the manufacturer’s instructions.

The fourth paragraph second sentence specifies that liferafts are to be maintained by an approved service station. A list of approved service stations is available at the NMA home page. Apart from this, the provision does not set requirements as to which personnel can carry out maintenance on other life-saving appliances. However, the company must make sure that this is done by a competent person.

Chapter 6. Concluding provisions

Section 18 exemptions.

Section 18 continues the content of current section 3 regarding exemptions. In accordance with the terminology used in other regulations, the term “depart from” has been changed to “grant exemptions from”. (This amendment only applies to the Norwegian version.) The Regulations do not implement international rules, and the sentence “Deviations must not contravene international agreements to which Norway has acceded” is therefore removed.

Section 19 Entry into force

These Regulations enter into force on 1 February 2020. As from the same date, the Regulations of 24 November 2009 No. 1400 on the operation of vessels carrying 12 passengers or less, etc. are repealed.

III. Amendments to other regulations

Qualification regulations (regulations of 22 december 2011 no. 1523 on qualifications and certificates for seafarers).

The qualification requirements for manning are stated in chapter 6 of the 12 Pax Regulations. However, these requirements must be read in conjunction with the Regulations of 22 December 2011 No. 1523 on qualifications and certificates for seafarers (Qualification Regulations) sections 67 and 68. In order to improve ease of use, all qualification requirements for vessels complying with the Regulations have been gathered by moving the requirements for radio operators in section 18 second paragraph of the 12 Pax Regulations to a new fourth paragraph in section 67 of the Qualification Regulations.

The qualification requirements for seafarers on vessels subject to the Regulations are not changed, only moved. However, the exemptions of section 2 will reduce these requirements considerably for several groups of vessels, for example smaller vessels used by school, school camps or daycare centres.

The Qualification Requirements only apply to Norwegian ships. In order to continue the principle of the 12 Pax Regulations that also masters of foreign vessels carrying 12 passengers or less must have at least the same competence as masters of equivalent Norwegian vessels, a provision is included in section 6 of the new Regulations stating that a master of a foreign vessel must be able to provide documentation of training equivalent to that provided by the Regulations on qualifications and certificates for seafarers.

Certificate Regulations (Regulations of 22 December 2011 No. 1523 on qualifications and certificates for seafarers)

Regulations of 22 December 2009 No. 1893 makes a reference to section 1 third paragraph of the 12 Pax Regulations. The reference is updated with the new Regulations.

As mentioned in the comments to section 1 second paragraph, the requirement of holding a passenger certificate for vessels in regular service has been removed. As a result, the reference to ships in regular service in section 20 second paragraph of 22 December 2009 No. 1893 is removed. At the same time, the wording on ambulance services and organised school transport is adjusted in accordance with section 1 second paragraph (a).

Regulations on tonnage measurement

Regulations of 30 June 2015 No. 823 on the tonnage measurement of ships and mobile offshore units apply to ships of 15 metres or more in overall length. From time to time, the NMA receives applications from companies claiming to operate vessels in accordance with the 12 Pax Regulations and requesting that the NMA issues a tonnage certificate for the vessel. This means that the NMA must issue a document confirming that the vessel is used for commercial purposes. This violates the principle that the Regulations on vessels carrying 12 passengers or less are regulations based on the declaration of company’s control where the NMA cannot preapprove vessels prior to any transport of passengers.

In order to completely implement the principle of the declaration of company’s control, section 1 of the Regulations on tonnage measurement shall include that this does not apply to vessels only complying with the Regulations on vessels of less than 24 metres carrying 12 passengers or less.

Regulations on the construction and supervision of smaller cargo ships

Regulations of 19 December 2014 No. 1853 on construction and supervision of smaller cargo ships refer to the 12 Pax Regulations section 1 second paragraph (b). The reference is updated with the new Regulations.

IV. Economic and administrative consequences

For the most part, these Regulations continue current law. The amendments introduced simplify the rules in most areas and do not introduce any requirements that will lead to any new costs.

The provision of section 2 that allows many vessels with a master comply with construction, equipment and qualification requirements applicable to recreational craft, means significant financial savings for many companies.

The duty to submit information in section 3 does not involve much extra work for the companies. The current 12 Pax Regulations require that the company shall conduct an annual review, and the only change is that the information must be sent to the NMA for registration.

Some companies may have to retrofit a dead man’s switch as a result of the provision of section 9. There are several products available, which makes it difficult to estimate a total cost for installation. Wireless products have a retail price of approximately NOK 2000. Installation is not included.

As before, vessels complying with the Regulations shall as a minimum have VHF/DSC equipment. Hand-held VHF/DSC equipment costs NOK 3000–4000. However, this is not a new requirement.

Equipment for measuring the distance to glacier fronts, cf. section 8 fourth paragraph, costs NOK 2000–3000.

AIS class B required by section 10 third paragraph has a price of approximately NOK 6000.

Moreover, the removal of the radio safety certificate requirement issued by an approved radio inspection company is a simplification that will save costs for the companies.

Some actors who have conformed to the 12 Pax Regulations may have to invest in new lifejackets subject to the provision of section 16 second paragraph (b) on making the buoyancy requirement stricter, from 50 N to 100 N. A lifejacket with a buoyancy of 100 N costs NOK 500–600. Accordingly, upgrading the lifejackets on a vessel carrying 12 passengers would cost approximately NOK 6000–7000.

The NMA assumes that the implementation of simplified rules for vessels referred to in section 2 will reduce the number of requests regarding the Regulations as well as applications for exemption from the current qualification requirements, etc. In this way, internal resources may be used in other areas.

The Regulations continue the principle of the declaration of company’s control. As before, the NMA will only carry out supervision through random checks. The introduction of the notification requirement of section 3 will simplify the work of selecting objects for supervision. On the other hand, this may cause more work when assessing which companies should be given violation fines due to no registration of their operations, and thereby operating illegally.

The registration system is a self-service scheme, and the intention is not that the NMA will be processing the submitted information. The duty to report, cf. section 3, will therefore not cause any additional work or give a significant increased cost for the NMA.

[1] Regulations of 15 June 1987 No. 506 concerning survey for the issue of certificates to passenger ships, cargo ships and lighters, and concerning other surveys, etc. (repealed).

[2] Pettersen og Bull, Skipssikkerhetsloven med kommentarer (only in Norwegian), 2010, page 89 et seq.

[3] Regulations of 22 December 2014 No. 1893 on supervision and certificates for Norwegian ships and mobile offshore units section 1 third paragraph and Regulations of 19 December 2014 No. 1853 on construction and supervision of smaller cargo ships section 1 second paragraph (b).

[4] Act of 26 June 1998 No. 47 relating to recreational and small craft (the Small Craft Act) and Act of 11 June 1976 No. 79 relating to the control of products and consumer services (Product Control Act).

[5] Pettersen og Bull, Skipssikkerhetsloven med kommentarer (only in Norwegian), 2010, page 94.

[6] Regulations of 20 March 2015 No. 231 regarding requirements for and organisation of local casualty clinics, ambulance services, medical emergency services, etc.

[7] Regulations of 22 December 2014 No. 1893 on supervision and certificates for Norwegian ships and mobile offshore units.

[8] Letter from the Ministry of Trade, Industry and Fisheries dated 12 June 2019 NFD’s ref. 19/3179-2, NMA’s ref. 2019/95240-2.

[9] Masters of recreational craft with a hull length of 15 metres or more shall hold a valid certificate to operate a recreational craft, cf. the Qualification Requirements section 4:

[10] Regulations of 3 March 2009 No. 259 on requirements for minimum age and boating licence, etc. for masters of recreational craft.

[11] Regulations of 30 August 2016 No. 1042 on marine equipment

[12] Regulations of 04 November 1981 No. 3793 on trade areas.

[13] Regulations of 30 August 2016 No. 1042 on marine equipment

International conventions
Regulations

Private Yachts

General Information
RMI Yacht Code 2021
Yacht Technical Support
Commercial Yachts & PAXYs
Dual Use (PYLC & YET)
Manning & Crew Requirements
Forms & Publications
Yacht Contacts

Private yachts are defined as yachts not carrying passengers for hire, not engaged in trade or commerce, and being used solely for the pleasure or recreational purposes of its owner. The registration of private yachts is limited to those of 12 meters (m) or more in length.

Private Yachts of Less Than 24 m

Private yachts 12 m or more but less than 24 m in length* and under 20 years of age are no longer required to undergo a pre-registration inspection. However, the Republic of the Marshall Islands Maritime Administrator (the “Administrator”) reserves the right to require such an inspection as deemed necessary.

Private yacht owners are required to complete the Application for Private Yacht Under 24 Meters ( MI-101U ) and acknowledge their responsibility to meet certain safety and environmental pollution prevention measures. All private yachts over 20 years of age are required to undergo a pre-registration inspection by either an Appointed Representative (AR) or Qualified Individual (QI). A list of current approved QI can be found in the MI-103B .

Private yachts of less than 24 m are not required to undergo a pre-registration inspection.
Prompt and efficient registration process.
Competitive registration fees.
Eligible to obtain a United States (US) Cruising Permit.

Requirements

Requirements for Private Yacht Registration less than 24m ( MI-242PYU )

* The Republic of the Marshall Islands Maritime Administrator (the “Administrator”) may accept yachts that have been constructed and certified to the Recreational Craft Directive 94/25/EC and as such, the term within this directive for hull length (Lh) may be considered.

Private Yachts Over 24 m

Classed private yachts of 24 m or more in length are not required to have an inspection prior to registration, however, a current list of firefighting and lifesaving appliances are to be submitted to the Administrator for review prior to registration.

Unclassed private yachts of 24 m or more in length must undergo a pre-registration inspection by an RMI AR.

Private yachts over 24 m are eligible to be commercially compliant on a voluntary basis (V-CC).

RMI flagged private yachts may carry more than 12 guests on board, provided additional flag State requirements are met.
Eligible to obtain a US Cruising Permit.
Requirements for Private Yacht Registration 24m and more (Classed and Unclassed Yachts) ( MI-242PY )
Requirements for Private Yacht Registration 24m and more V-CC ( MI-242PYCC )

Tenders 7 m or more in length overall (LOA), of a mother yacht registered in the RMI, may be voluntarily registered. Tenders registered voluntarily may also be listed on the Official Record of Auxiliary Vessels and other Appurtenances (MI-200A), as part of the mother yacht’s inventory and outfitting.

A Tender Statement of Compliance must be issued for a tender, regardless of registration status, to any commercial yacht, passenger yacht (PAXY), yacht engaged in trade (YET), or private yacht limited charter (PYLC) of any size.

For further information or to proceed with registration please contact [email protected] .

Vessel Registration
Tonnage Tax Calculator
Business Entities
Seafarer Verification
Emergency Contact
Office Locations

Subscribe to our Newsletter

Receive recent news and never miss an update.

Click here to sign up for our news .

This site uses cookies. By continuing to browse the site, you are agreeing to our use of cookies.

Cookie and Privacy Settings

We may request cookies to be set on your device. We use cookies to let us know when you visit our websites, how you interact with us, to enrich your user experience, and to customize your relationship with our website.

Click on the different category headings to find out more. You can also change some of your preferences. Note that blocking some types of cookies may impact your experience on our websites and the services we are able to offer.

These cookies are strictly necessary to provide you with services available through our website and to use some of its features.

Because these cookies are strictly necessary to deliver the website, refusing them will have impact how our site functions. You always can block or delete cookies by changing your browser settings and force blocking all cookies on this website. But this will always prompt you to accept/refuse cookies when revisiting our site.

We fully respect if you want to refuse cookies but to avoid asking you again and again kindly allow us to store a cookie for that. You are free to opt out any time or opt in for other cookies to get a better experience. If you refuse cookies we will remove all set cookies in our domain.

We provide you with a list of stored cookies on your computer in our domain so you can check what we stored. Due to security reasons we are not able to show or modify cookies from other domains. You can check these in your browser security settings.

We also use different external services like Google Webfonts, Google Maps, and external Video providers. Since these providers may collect personal data like your IP address we allow you to block them here. Please be aware that this might heavily reduce the functionality and appearance of our site. Changes will take effect once you reload the page.

Google Webfont Settings:

Google Map Settings:

Google reCaptcha Settings:

Vimeo and Youtube video embeds:

What Size Sailboat Can One Person Handle?

Last Updated by

Daniel Wade

June 15, 2022

Getting the right size of boat for your sailing adventures will significantly impact your sense of security and safety, comfort, and your activities aboard the boat, especially if you're planning to embark on solo sailing. It's, therefore, of great importance to get it right from the start as it will save you time, disposal expenses, and determine whether or not you can sail solo.

Whether you're an introverted loner who loves going it alone or love the unique challenges that solo sailing presents, one of the most important questions that you've probably been asking yourself is; how big a sailboat can one person handle? In most cases, solo sailing will mean that you assume all the roles: bow-person, skipper, engineer, navigator, dial trimmer, and chef. Under such a scenario, the main intention is to make these roles as simple as possible for you and this calls for the right sized sailboat.

So how big a sailboat can one person handle? Well, a sailboat measuring between 35 and 45 feet (10.5 - 14 meters) with a draft of about 2 meters, plenty of sail area, easy reefing, and well-working assistive equipment can be ideal for one person to handle. The boat shouldn't be over 9 tons as things can get a little tricky and out of hand if the boat exceeds this weight. In essence, the boat should have automated systems that work properly including a properly working electric windlass that makes hauling an anchor as simple as possible.

In this article, we'll look at some of the reasons why sailboat measuring between 35 and 45 feet can be perfectly handled by one person.

Table of contents

Why 35 to 45 Feet?

Generally speaking, vessels that measure between 35 and 45 feet normally steer well and have a good sea-keeping ability. They usually have assisting self-steering arrangements, tolerable sailing speed, and good storage capabilities. Better still, such sailboats can be designed in such a way that a single person may perform all the sailing tasks completely unassisted.

Below the decks, these sailboats generally offer comfortable seagoing sleeping berths for one person, as well as additional space for the occasional guest. That's not all; the galleys are usually very workable and safe even for continuous use. The navigation station is independent, comfortable, and large enough so that you can lay the charts out flat and permanently. You also have additional storage that is perfect for additional charts.

One of the most overlooked factors when considering the ideal boat that can be perfectly handled by one person is the storage capability. If you're planning to sail single-handedly to far-flung areas, the boat should have a hoard of equipment. The boat should have fuel storage, a dinghy, oars, secondary chains, life jackets, anchor rods, EPIRBS, storm equipment, engine spares, additional batters, and many more. There should also be enough storage to accommodate food and water provisions for at least two months. With that in mind, 35-45 feet long sailboat should have enough storage space to accommodate everything that you need to sail perfectly, safely, and single-handedly.

Other Factors to Consider

While your physical strength, fitness, experience, determination, and nautical skills can impact the size of a sailboat that you can single-handedly handle with confidence, these are just a few definitive factors. As such, the size of the boat's sails will play a critical role. It doesn't matter how fit or strong you are, it's almost impossible to perfectly handle sails that measure 300-400 square feet on your own, and these are more common on vessels measuring 50-60 feet.

This is exactly why you shouldn't go for a sailboat that exceeds 46 feet if you're planning to sail single-handedly. You should refrain from going for a larger sailboat as it can be far trickier to dock in a crowded marina if you're sailing single-handedly. If anything, a boat measuring 35-45 feet will allow you to see around. It's also maneuverable, especially when anchoring and docking. You should also keep in mind that boats measuring 35-45 feet are generally designed with engine props, keels, and electric bow thrusters that can make a huge difference in the handling and maneuverability of such boats.

Here are a few factors to consider when looking at the size of a sailboat that you can handle on your own.

The anchor - Any sailor will tell you that it's always advisable to go out there on the water with an anchor that's large and strong enough to hold the sailboat safely in case there's a storm. But because you want a sailboat that you can handle on your own, you should ask yourself; can you raise the boat's anchor back to the deck with the help of a winch or another person? This should help you determine the size of a sailboat that you can handle alone.

Configuration of the Sailboat - This pretty much revolves around the maneuverability of the boat. Simply put, the sailboat should be designed in a way that you can single-handedly maneuver it to a dock even when strong winds are blowing. You should also be able to get a line from the sailboat to the dock without losing control of the boat.

You should also make sure that you can reef, lower, smother, and work with the sails in all kinds of weather without any assistance.

Hardware - Another important factor to consider when looking for the right size of a sailboat that you can handle alone is the hardware. Many equipment manufacturers now offer affordable hardware that can be used by lone sailors at the highest levels. For example, there are canting keels and roller furling headsails that are generally used in short-handed racing and these technologies have filtered into the mainstream.

There are also robust and reliable sailing handling systems such as electric winches, top-down spinnaker furlers, code zeros that can be of great help if you want to sail single-handedly, especially for offshore adventures. You can also go for reliable autopilots that are interfaced with wind instruments to enhance your safety and navigation. You can also use releasable inner forestay designed with hanks to make your headsail reef a lot easier. The boat should have enough reefs and the seat should have a comfortable cushion to make long hours of sailing more enjoyable.

Safety and communication - Sailing single-handedly always requires that you take your safety into serious consideration. You do not have a crew that will help you when there's a mishap so there's always an increased risk. For this reason, your safety and communication should be paramount if you're looking for a sailboat that you can handle alone. Some of the most important things to have in place include stout webbing straps that run from bow to stern and should be clipped into the tether on your harness. These are some of the safety devices that you should use even when the weather is very calm. You should also have an appropriate life jacket and wear it at all times.

That's not all; you should have a perfect sail and communication plan that you can share with a trusted contact on land. Of course, this should include your sailing route and projected timeline. You should have satellite phones and Wi-Fi onboard the boat, as well as other reliable communication devices. You should also have an extra battery. More importantly, you should attend safety as sea courses as this will enhance your skills of staying safe in case there's a mishap when sailing single-handedly.

Going Smaller than 35-45 Feet

As we noted earlier, a sailboat measuring between 35 and 45 feet is the sailing sweet spot if you want to sail single-handedly. This is because such sailboats do offer almost everything that you need to sail without any assistance. However, you may decide to go smaller but this would mean that the storage capabilities go against you.

In most cases, a sailboat measuring about 25 feet long would mean that you lose about 4 tons of storage space as well as the overall weight. This would mean that the boat is much lighter and this might affect your speed. Remember, the longer the boat, the faster the speed and this is essential for seagoing passages. On the other hand, a shorter boat will be slower and this means that you'll have to carry more food and water if you're going for offshore adventures.

As such, the volume of accommodation required may overwhelm a smaller vessel and this can make the operation of such a boat quite challenging. Other areas such as the navigation and galley table may be cramped and this can compromise the way you operate the boat. Worst still, the possibility of having a friend or a loved one join you aboard the boat is nearly impossible since there may be not enough accommodation for the two of you.

Another notable disadvantage of going smaller is the violent motion that it endures when sailing. This can be stressful and very likely to cause seasickness and this is something that you don't want when sailing single-handedly.

Going Larger than 35-45 Feet

If you're not on a limited budget, then you may choose to go for a sailboat that is larger than 35-45 feet. Larger sailboats are more speed and will always deliver sea-kind motion. You also have ample storage and accommodation for friends and family. But even with these advantages, the fundamental weakness of a larger sailboat is that it's almost impossible for one person to perfectly handle it. In other words, it's impossible to perfectly handle, maintain, and manage all facets of sailing a larger vessel. In fact, it can be even challenging or two people to handle it.

In essence, handling a larger vessel single-handedly can be brutal, to say the least. You may have lots of equipment but you'll still require more manpower to have them working appropriately.

To this end, it's easy to see why sailboats measuring 35-45 feet are the best for solo sailing . Smaller vessels might be ideal for the weekends but they are slower and do not have enough storage and accommodation space for offshore sailing. Almost similarly larger vessels (46 feet and above) are faster, beautiful, and spacious, but handling them on your own is almost impossible. So if you're looking for a sailboat that you can perfectly handle on your own, go for a vessel measuring between 35 and 45 feet long.

I've personally had thousands of questions about sailing and sailboats over the years. As I learn and experience sailing, and the community, I share the answers that work and make sense to me, here on Life of Sailing.

by this author

Most Recent

What Does "Sailing By The Lee" Mean?

October 3, 2023

The Best Sailing Schools And Programs: Reviews & Ratings

September 26, 2023

Important Legal Info

Lifeofsailing.com is a participant in the Amazon Services LLC Associates Program, an affiliate advertising program designed to provide a means for sites to earn advertising fees by advertising and linking to Amazon. This site also participates in other affiliate programs and is compensated for referring traffic and business to these companies.

How To Choose The Right Sailing Instructor

August 16, 2023

Cost To Sail Around The World

May 16, 2023

Small Sailboat Sizes: A Complete Guide

October 30, 2022

Best Liveaboard Catamaran Sailboats

December 28, 2023

Can a Novice Sail Around the World?

Elizabeth O'Malley

Best Electric Outboard Motors | Life of Sailing

4 Best Electric Outboard Motors

How Long Did It Take The Vikings To Sail To England?

10 Best Sailboat Brands | Life of Sailing

10 Best Sailboat Brands (And Why)

December 20, 2023

7 Best Places To Liveaboard A Sailboat

Get the best sailing content.

ICC power up to 24 metres LOA

The ICC is a recognized boating qualification that is valid in many countries. It is issued by the RYA (Royal Yachting Association) and is designed to demonstrate that the holder has the necessary knowledge and skills to operate a boat safely. You can obtain an ICC by presenting an eligible RYA certificate or by taking an assessment of your knowledge and skills. In this page, you can find information about assessments for ICC power (motor boats).

Taught in English

All RYA courses are taught in English. We recommend a minimum level of B1 for 1-day and 2-day courses and a minimum level of B2 for longer courses, theory courses and specialised training, such as SRC (VHF) radio.

Quick facts

Here’s a summary of what you need to know.

RYA ICC International Certificate of Competence

Available for UK nationals and UK residents

Available for other nationalities, including Spanish

For nationals of countries that don’t issue ICC

ICC available power at two levels

ICC power up to 10m & 24m

Accepted in Spain as proof of competence

Since 2021, for UK nationals and UK residents

Drive powerboats up to 24 metres in length

Single and twin drives

The details

Click on the tabs for more detailed information.

Requirements
Recognition

The International Certificate for Operators of Pleasure Craft (ICC) is a certificate that provides evidence of competence when you’re boating abroad. The ICC is the only international evidence of competence that exists for recreational boaters in Europe. Since 2021, the ICC has been accepted by the Spanish maritime authority as proof of competence for UK passport holders and UK residents.

The UK ICC issued by the RYA is issued on behalf of the UK Government under the authorisation of the UK Maritime and Coastguard (MCA).

ICC Assessment of competence

Applicants for the ICC can take an ICC assessment to demonstrate their competence in different categories. The ICC issued by the RYA will reflect the categories that you have been examined for. You can do an ICC assessment for sail or power boating. The sail category applies to sailing vessels up to 24 metres in length. The power category can apply either (1) to vessels up to 10 metres or (2) to vessels up to 24 metres.

The RYA will issue the ICC to UK nationals and UK residents i.e. people who are settled in the UK and whose primary residence is in the UK. Applicants must be at least 16 years old.

The RYA will also issue the ICC to nationals of other countries that have not accepted Resolution No. 40 because they may otherwise be unable to obtain an ICC. However, if the relevant country later accepts Resolution No. 40, the certificate holder will no longer be eligible to have an ICC issued by the RYA and will not be able to amend or renew that certificate.

The UK ICC issued by the RYA is not available to nationals of the following countries that have currently accepted Resolution No. 40: Austria, Belarus, Belgium, Bulgaria, Croatia, Czechia, Finland, Germany, Hungary, Ireland, Latvia, Lithuania, Luxembourg, Netherlands, Norway, Poland, Romania, Serbia, Slovakia, Switzerland, and Ukraine. Spain has not currently accepted Resolution No. 40 and, for this reason, the RYA will issue an ICC to Spanish nationals.

Nationals of countries that have accepted Resolution No. 40 can only be issued an ICC by the RYA if they are resident in the UK.

Unlike the United Kingdom, Spain requires that skippers hold a boat licence to operate boats flying a Spanish flag. The same rule applies if you buy a boat or rent a boat. Whether or not your ICC is acceptable as proof of competence depends on your nationality, your country of residence and the boat’s flag state.

UK nationals and residents

The ICC is now accepted in Spain as proof of competence for UK nationals and bona fide UK residents. This change in the law came into effect on July 1st 2021.

Other flag states

The acceptance the ICC depends on their specific laws and regulations. It is determined by the legislation of the country where the boat is registered (flag state) and the legislation of the country where the boat is being used (coastal state). Acceptance may vary based on factors like the size and type of the boat, the nationality of the owner, the purpose of use, and whether it involves someone other than the owner or commercial activities.

To know if your ICC certificate(s) will be accepted, you need to check the laws and regulations of the flag state and coastal state.

Vessels with a Polish flag

Poland is an example of a flag state that recognises RYA ICC qualifications obtained by skippers who are neither nationals nor residents of the United Kingdom.

More and more boat owners in Spain are registering their boats with a Polish flag. There are many reasons, including:

Cost: The cost of registering a boat in Poland is significantly lower than the cost of registering a boat in Spain. Process: The process of registering a boat in Poland is much simpler than the process of registering a boat in Spain. Freedom: Poland does not have any restrictions on where boats registered in Poland can travel.

Another important reason for the popularity of the Polish flag is that Polish maritime legislation (Act of 21 March 2003 on Maritime Navigation)

ICC Test Preparation Courses

At the Boat School, we offer two different itineraries for ICC Power assessments. These courses are modular and build up your knowledge and skills gradually. Your choice of training itinerary will depend on your objectives.

ICC Power up to 10 Meters

This itinerary is for people who want to drive a smaller powerboat, by day and in familiar waters. The course is a 2-day practical course with continuous assessment. It covers the same syllabus as the RYA Powerboat Level 2 course. Click on the “Book Now” button to check dates and prices.

If you already have significant experience, you can also choose to complete this level as a 1-day direct assessment, combining one-to-one coaching and assessment.

RYA ICC power 10m

2-day practical powerboat course

ICC Power up to 24 Meters

This itinerary is for people who want to drive a larger motor cruiser, usually with twin engines. You will be able to plan a trip and skipper a motor cruiser on short passages.

The training and assessment route map for this category is modular, combining practical courses, an online theory component, an ICC theory exam, and an ICC practical assessment.

Step 1: 2-Day Practical Powerboat Course for ICC Power up to 10 Meters

The first step is to complete the 2-day practical Powerboat course for ICC Power up to 10 meters. If you have already done the RYA Powerboat Level 2 course with the Boat School, you can skip this step.

Step 2: 8-Hour Course Introduction to Cruising

The next step is to complete our 8-hour course “Introduction to Cruising”. This is a blended course that combines study online with an 8-hour practical course. The online theory component includes:

Buoyage and pilotage
Course to steer
Collision Regulations (COLREGs)
Introduction to chart work
Position fixing

The practical component includes a night sail and a longer passage (usually Denia to Javea). You’ll also get an opportunity to perfect your boat handling skills around the marina. This course includes passage planning, electronic navigation and an introduction to the DSC functions of a fixed VHF radio.

Introduction to cruising

Combined practical & theory course

Step 3: ICC Practical Assessment

The third step involves transitioning to a twin-drive cruising vessel. The first half of the day includes a familiarisation with the safety equipment for a vessel operating in (Spanish) Zone 3 (up to 25NM from land), manoeuvring with twin engines around the marina (departing and docking) and boat handling beyond the harbour. The second half of the day is the actual ICC test practical assessment. This includes departing, mooring to a buoy, anchoring, recovering a man overboard, and coming alongside.

Course Fees for Practical Assessment

Please complete the form below. We will send you more information, including a detailed article about the ICC. We’ll then get in touch to help you plan your personalised itinerary.

Course fees do not include ICC application fees payable to the RYA. These are currently 50 GBP (pound sterling).

Ready to book? Got any questions?

Please use the form below and we’ll get back to you.

Or give us a call on:

Call an RYA Boat School instructor on: 639202297

We'd be delighted to talk you through different course options and send you a personalised proposal if you need a package of courses.

The Boat School

Recognized by the Royal Yachting Association to conduct Powerboat Training, Sail Cruising courses in the Yachtmaster (sail) scheme and Shorebased (theory) courses.

Recognized by the Spanish Directorate General for Merchant Shipping, the Comunidad Valenciana and the Region of Murcia to conduct sail, motor, powerboat and VHF training.

Recoggnised by the Spanish Merchant Marine service

Operational Base Denia

Marina de Dénia (Sail courses) Darsena de babor s/n 03700 · Denía Alicante · Spain Click to call

Marina El Portet (Powerboat courses) Moll de la pansa, s/n 3700 · Dénia Alicante · Spain Click to call

Classrooms & pick up for certificates Carrer de Fora Mur, 12 03700 · Dénia Alicante · Spain Click to call

Madrid Office

Greenwich Náutica C/ Marqués de Lema 7, Local 6 28003 · Madrid Spain Click to call

The global authority in superyachting

NEWSLETTERS
Yachts Home
The Superyacht Directory
Yacht Reports
Brokerage News
The largest yachts in the world
The Register
Yacht Advice
Yacht Design
12m to 24m yachts
Monaco Yacht Show
Builder Directory
Designer Directory
Interior Design Directory
Naval Architect Directory
Yachts for sale home
Motor yachts
Sailing yachts
Explorer yachts
Classic yachts
Sale Broker Directory
Charter Home
Yachts for Charter
Charter Destinations
Charter Broker Directory
Destinations Home
Mediterranean
South Pacific
Rest of the World
Boat Life Home
Owners' Experiences
Interiors Suppliers
Owners' Club
Captains' Club
BOAT Showcase
Boat Presents
Events Home
World Superyacht Awards
Superyacht Design Festival
Design and Innovation Awards
Young Designer of the Year Award
Artistry and Craft Awards
Explorer Yachts Summit
Ocean Talks
The Ocean Awards
BOAT Connect
Between the bays
Golf Invitational
Boat Pro Home
Pricing Plan
Superyacht Insight
Product Features
Premium Content
Testimonials
Global Order Book
Tenders & Equipment

The latest and greatest yachts under 24 metres

Sam Fortescue reveals the best new models and refreshed favourites in petite packages....

wallypower58X

Under Ferretti Group , the Wallypower range has burgeoned. With all the looks for which the brand is renowned, but a slightly curvier aesthetic, this 17.5-metre’s appeal should be broad. Designed for outboard propulsion, the four motors are offset slightly on the aft platform, allowing access to the water or dock via hydraulic steps. A huge sunpad on the aft deck can be shaded by a carbon cocoon, while the hardtop offers more sheltered lounging.

Lazzara LSX 67 Limited Edition

US brand Lazzara is pitching its 20.4-metre Limited Edition LSX 67 as the ultimate “sport express yacht”. The six-cabin contemporary design boasts an unusually large full-beam master suite with great views and direct access to an aft deck entertainment space and a sizeable beach club. Twin Volvo IPS 1350 engines offer a top end of 35 knots.

Due to become Pardo’s new flagship, the 22.86-metre GT75 aims to combine the brand’s most comfortable interior to date with striking performance. The latter comes from a lightweight composite build and up to three 1,000hp Volvo IPS engines (the engine room is also ready for Volvo’s forthcoming hybrid units). The interior theme is “villa on the sea”, with an owner’s cabin aft and optional access from the beach club.

Nordhavn 71

Built on a brand-new hull, the 22.56-metre N71 marks the fourth generation of these ocean-going trawler yachts. Customisation possibilities are minimal but owners are offered the choice of two layouts: three cabins plus an upper saloon or four cabins. Loose furniture and upholstery is the choice of the owner. The first hull, for a serial Nordhavn owner, is currently in build in Taiwan.

Azimut Seadeck 6

Hybrid has arrived at Azimut – and this is the first model of the new series. The yard says the 17.25-metre will achieve 40 per cent lower emissions thanks to hybrid propulsion and lower onboard consumption. The Fun Island concept describes the aft sunpad and flush cockpit, while the interior design goes for less-is-more to emphasise the connection with the sea.

Horizon PC68

Taiwan’s composite cat specialist continues to grow, with 55 yachts sold to date. Horizon's new 20.73-metre PC68 makes full use of the 7.5-metre beam with a vast main deck that can be specced as an open-plan saloon or shared with the owner’s cabin. A partly enclosed flybridge adds to the already-generous aft deck and foredeck lounge.

Wider Wilder 60

Details are scant, but the promise of a highly customisable “40-knot platform for fun” make this 18.9-metre Wider offering intriguing. This all-aluminum vessel is designed as a crossover between a chase boat and performance cruiser, with a shallow one-metre draught allowing for play close to the shore.

Princess S80

The new flagship of Princess’s sports bridge range shows off sweeping lines drawn by a team of in-house designers and Italian studio Pininfarina . Deep glazing shades much of the dining and lounging space on the main deck, with an awning extending over the sunbathing. With an elaborate foredeck lounge and the open flybridge, entertaining space is copious. The lower deck offers four cabins, including the full-beam main.

Sunseeker Superhawk 55

Superhawk is Sunseeker’s performance sub-brand, and there have been several takes on the genre. At 17.13 metres, the 55 is the biggest yet, and follows the open sports cruiser model of its predecessors. The go-faster styling is backed up by ample power and fingertip control from a centre-console-style dash. There are sunpads fore and aft, with three pilot seats and a wet bar in the cockpit. Two spacious double cabins (there’s an option for three) lie below.

Riva 76 Bahamas Super

This typically elegant 23.32-metre Riva is a reprisal of the successful 76 Bahamas Super launched in 2016. It has been restyled by Officina Italiana Design in black and white with stainless-steel trim. New features include controls for the lighting in the sunpad’s armrests and an electro-hydraulic steering system.

The smallest boat in CL ’s line-up, the 19.7-metre CLB65 is built in the same mould as the CLB72 and is still designed for adventure. It’s a pocket flybridge yacht with two helm stations and twin wing stations for easy manoeuvring. In a first for the Fort Lauderdale-based brand, there is an aft galley with a hinged door and a flip-up window. Owner’s accommodation lies amidships, with a VIP in the forecastle and an additional twin.

Twenty of these 13.1-metre boats have been sold off plan, but the first one won’t splash until this summer. And you can see why they’re flying off the shelves. With design from Sinot , the model boasts flowing, feminine lines, but the twin 480hp drives give real bite – up to 40 knots and a fast 26-knot cruising speed. Flexible accommodation allows two to overnight in comfort, with plenty of deck space for day guests.