Instruments of interest
Merchant Shipping (Bridge Visibility) (Small Passenger Ships) Regulations 2019 (SI 2019/1025)
4.These Regulations deal with “bridge visibility” — namely, the need for operators of small passenger ships to maintain a good standard of visibility, so as to reduce the risk of collision or grounding. They address a regulatory anomaly which has existed since 2005. Regulations introduced in 2005, prompted by lessons learned from the Marchioness disaster, made provision for bridge visibility for ships of under 45 metres in length. Regulations previously introduced in 2002 related to ships of over 55 metres in length. This left a “regulatory gap” with respect to ships which were 45 metres or more but less than 55 metres in length. We asked the Department for Transport (DfT) if any detriment had been caused by this gap. DfT told us that “[a]s no UK passenger ships on tidal waters (and thus in scope of the Regulations) have been identified as falling between the application length cut off points it is not considered that there has been any detriment as a result of this gap in the law.” These Regulations also address a lack of clarity within the definition of “enclosed passenger deck” and the use of visual aids when determining sight lines. DfT explains that the Regulations are anticipated to increase costs for only one company, with a best estimate of increased annual costs of around £0.4 million. However, the Impact Assessment states that “whilst efforts have been made, through promulgating the consultation and liaising with the MCA [ Maritime and Coastguard Agency] marine offices, to verify that only one company would be affected there is a possibility, albeit low, that there are other ships affected that the MCA haven’t been able to identify.”