Bermuda Government

Department of Maritime Administration Mailing Address: P.O. Box HM 1628, Hamilton HM GX, Bermuda

Courier: Magnolia Place, 2nd Floor, 45 Victoria Street, Hamilton HM 12, Bermuda

Telephone: 1(441) 295-7251 Fax: 1(441) 295-3718 or 1(441) 296-5713 e-mail: maradros@gov.bm www.bermudashipping.bm

The Code of Practice For Safety of Large Commercial

Sailing and Motor Yachts (Mega-Yacht Code) Marine Notice ROSC.16 Rev.05/02

This notice is intended for Yacht Owners, Operators, Masters and Officers of Yachts, Surveyors and authorised Classification Societies. The purpose of the notice is to draw attention to the procedure to be followed when seeking compliance with the Code of Practice for Safety of Large Commercial Sailing and Motor Yachts (Mega Yacht Code). The Mega Yacht Code is applicable to motor or sailing yachts of 24 metres in length and over (Load Line length), which at the time are in commercial use for sports or pleasure and carry up to 12 passengers and no cargo. The legislation applicable to Mega Yachts registered in Bermuda is The Merchant Shipping (Vessels in Commercial Use For Sport or Pleasure) Regulations 1998, S.I.1998 No.2771 and The Merchant Shipping (Vessels in Commercial Use For Sport or Pleasure) (Amendment) Regulations 2000, S.I.2000 No.482 The Mega Yacht Code has been developed by the United Kingdom Maritime and Coast Guard Agency (MCA) and is intended to address the safety and pollution prevention issues specific to vessels operating commercially. The intentions with regards to implementation of the Code by the United Kingdom Government and the Red Ensign Group Registers have been notified to the International Maritime Organisation (IMO) in accordance with the established procedures. The application of the Mega Yacht Code is mandatory for Bermuda registered yachts engaged in commercial activities and may also be applied to pleasure yachts seeking compliance on a voluntary basis. It is recognised that the full and satisfactory compliance with respect to existing yachts can only be achieved by the whole hearted commitment of yacht owners to the process and a standard interpretation and application of the Code on the part of the certifying authorities. Initial Survey (including newbuildings) The Owner/Manager should make a requset for initial survey directly to this office. For newbuildings this requset for survey should be made at an early stage and preferably before plan approval and construction commences. On receipt of an application this office will make arrangements to authorise the appropriate certifying authorities and arrange for initial surveys to be carried out. In the case of a commercial yacht located outside the United Kingdom, a classification society surveyor may be appointed to undertake the day-to-day surveys required and to act as a focal point between the shipbuilders/shiprepairers and this office.

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Periodical Survey and Certification International Conventions are applicable under the Code and commercial yachts on the register must be surveyed and maintained in accordance with the conventions. Following survey Yachts that meet the necessary standards will be issued with convention certificates. It should be noted that all requests for survey and certification must be made to this office. Surveyors from this office or surveyors appointed by this office may undertake the statutory work that is required for issue or endorsement of the convention certificates. The following international conventions are applicable in accordance with the Code and survey and certification of Mega Yachts will be carried in accordance with these conventions. The International Load Line Convention The MARPOL Convention (vessels > 400GT) The SOLAS Convention (vessels > 500GT) safety construction and safety equipment requirements The SOLAS convention (vessels >300GT) radio requirements General All Mega yachts seeking certification under the Code must be classed by or seeking class from one of the following recognised classification societies: Lloyd’s Register, Det Norske Veritas, American Bureau of Shipping, Germanischer Lloyd, Bureau Veritas or Registro Italiano Navale. Stability All commercial vessels must meet the stability requirements as provided in Section 11 of the code and must be provided with an approved stability booklet. If the yacht does not possess acceptable stability documents an inclining experiment should be conducted in order that the required stability information can be prepared. The inclining experiment must be carried out in an approved manner and must be witnessed by an authorised surveyor. Approval of the stability documentation will be carried out by a recognised organisation appointed by this office. Exemptions and Equivalent Standards Proposals for the application of alternative standards considered to be at least equivalent to the requirements of the code should be submitted to this office for approval. Equivalence may be achieved by incorporating increased requirements to balance deficiencies and thereby achieve the desired overall safety standard. In the case of existing vessels which do not comply fully with the Code requirements but for which the Code standards are reasonable and practicable, this office will give consideration to proposals for phasing-in the requirements within an agreed time scale. When an existing vessel does not meet the Code safety standards for a particular feature and it can be demonstrated that compliance is neither reasonable nor practicable, proposals for alternative arrangements should be submitted to this office for approval. In support of such proposals the owner should provide

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relevant details of vessel’s service history and any other details judged to be relevant to the safety standard desired.

Safe Manning As yachts meeting the Mega Yacht Code requirements are permitted to carry 12 bona fide' passengers it is the administrations responsibility to implement effective legislation to ensure that such yachts are properly manned with qualified personnel. The Owners and/or managers must ensure that yachts are manned in accordance with the applicable legislation. Guidelines on the principles of safe manning are contained in MSN 1682(M). When applying for a Safe Manning Certificate the Owner/Manager should assess the numbers and grades of personnel necessary for safe operation and should make an application to this office on our form ROSF.325, which is available in electronic format. Qualifications - Master, Officers and Crew Officers serving on commercial yachts and sail training vessels of 24 metres and over, must be qualified in accordance with Bermuda Merchant Shipping (Certification, Manning and Watchkeeping) Regulations 1998 or Annex 5 of the Code as modified by MGN’s 156 and 195. To comply with STCW Convention requirements all officers on commercial yachts must hold Bermuda Endorsements attesting recognition of their certificates of competency. Applications for Endorsements should be submitted to this office on our form ROSF.400, which is available in electronic format. Seaman’s Discharge Books Seafarer’s serving on Bermuda registered commercial yachts are obliged to hold Bermuda seamen’s discharge books. Applications for discharge books should be submitted to this office on our form ROSF.280 which is available in electronic format. Crew Agreements It is most likely that Mega yachts would have a crew compliment of more than 6 persons on board and will therefore be required to carry an administration approved crew agreement and crew lists on board in accordance with the Merchant Shipping (Crew Agreements, Lists of Crew and Discharge of Seamen) Regulations 1991 S.I. 1991/2144. Applications for approval of non-standard crew agreements should be made directly to this office. Safety Management Due to the fact that carrying of passengers would involve complex organisational, communicational and technical skills the companies intending to operate large commercial yachts will be expected to have an accreditation from a quality standards organisation or hold appropriate certification under the ISM Code.

? The foregoing is the general policy of this administration for the implementation of the Mega Yacht Code. Any specific queries may be directed to this office.

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