Exemption from the requirements of the Shipping (Load Line) Regulations 2004.

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A decision made (14/10/2008) regarding: Exemption from the requirements of the Shipping (Load Line) Regulations 2004.

Decision Reference: MD-E-2008-0206
Decision Summary Title :	Load Line Exemption		Date of Decision Summary:	10 October 2008
Decision Summary Author:	Piers Baker Registrar of Shipping		Decision Summary: Public or Exempt? (State clauses from Code of Practice booklet)	Public
Type of Report: Oral or Written?	Oral		Person Giving Oral Report:	Piers Baker Registrar of Shipping
Written Report Title :	n/a		Date of Written Report:	n/a
Written Report Author:	n/a		Written Report : Public or Exempt? (State clauses from Code of Practice booklet)	n/a
Subject: To grant exemption from the requirements of the Shipping (Load Line) Regulations 2004.
Decision(s): The Assistant Minister agreed to exempt all vessels built on or before 20 July 1968, and which weighed less than 150 gross tons, from the requirements of the Shipping (Load Line) Regulations 2004.
Reason(s) for Decision: The Regulations were introduced in order to apply the International Convention on Load Lines 1966 as modified by its 1988 Protocol. The Convention does not apply to vessels under 150 gross tons if they were existing ships at the time the Convention came into force (21 July 1968). However, the Regulations themselves do not automatically apply this exemption. The Shipping (Jersey) Law 2002, under Article 187, authorises the Minister to dispense with legal requirements where compliance is unnecessary and where alternative provisions are as effective. Furthermore, the Regulations recognise this exemption and allow for a Ministerial Decision in accordance with Regulation 3(3)(a). Once exempted, commercial ships must still comply with the relevant sections of the Shipping (Safety Codes) Order 2005, so ensuring the right level of safety compliance. The Harbours and Airport Committee exempted ships of under 24 metres in length in September 2004 but this does not necessarily cover all ships that can be legitimately exempt. Currently the Jersey Registry cannot process an application from a commercial ship-owner where the ship is over 24 metres in length but under 150 gross tons without forcing it to comply with Regulations not designed for the vessel.
Resource Implications: There are no new financial, property, ICT or human resources issues arising.
Action required: Following the Ministerial Decision, exemption certificates may be issued as and when required.
Signature: Deputy A.J.H.Maclean		Position: Assistant Minister
Date Signed:		Date of Decision (If different from Date Signed):