The Merchant Shipping (Distress Signals and Prevention of Collisions) Regulations 1989

• Citation: S.I. 1989/1798
• Sections: 28

Section 1 Citation, commencement, interpretation, revocation and modification

(1) These Regulations may be cited as the Merchant Shipping (Distress Signals and Prevention of Collisions) Regulations 1989 and shall come into force on 19th November 1989.

Provided that they shall not come into operation in relation to any vessel until noon zone time on that date in the area in which the vessel is situated.

(2) For the purposes of these Regulations–

(a) “air cushion vehicle” means hovercraft as defined in section 4 of the Hovercraft Act 1968

“appropriate authority” means in relation to the United Kingdom, the Secretary of State, and in relation to any other country the authority responsible under the law of that country for promoting the safety of life at sea and the avoidance of collisions;

“date of entry into force of these Regulations” in rule 38 (exemptions) of the International Regulations means:–

in the case of United Kingdom vessels, 15th July 1977; and

in the case of a vessel registered outside the United Kingdom, the date of entry into force of the International Regulations for the State whose flag the vessel is entitled to fly;

“the Hydrographer of the Navy ” means the person for the time being appointed to that office by the Admiralty Board;

“the International Regulations” means the International Regulations for Preventing Collisions at Sea 1972 as amended by Resolution A464 ( XII ) and Resolution A626(15) of the Organization and set out in the Schedule to these Regulations;

“ Merchant Shipping Notice ” means a Notice described as such and issued by the Department of Transport;

“ Notice to Mariners ” means an Admiralty Notice to Mariners published by the Hydrographer of the Navy;

“the Organization” means the International Maritime Organization;

“United Kingdom vessel” means a vessel which–

is registered in the United Kingdom; or

is not registered under the law of any country but is wholly owned by persons, each of whom is either a British citizen or a British dependent territory citizen or a body corporate which is established under the law of a part of the United Kingdom and has its principal place of business in a part of the United Kingdom;

(b)

(i) the traffic separation schemes adopted by the Organization, which are referred to in Rule 10(a) of the International Regulations, are the schemes listed in Notice to Mariners No. 17 and therein specified as being so adopted by being marked “*” in the margin, each such scheme being shown in detail on the charts specified in that Notice in relation to that scheme.

(ii) “Notice to Mariners No. 17” means Notice to Mariners No. 17 in the Annual Summary of Admiralty Notices to Mariners of 1989 and any subsequent Notice to Mariners containing the like material which the Hydrographer of the Navy considers relevant from time to time, being a Notice to Mariners which–

replaces Admiralty Notice to Mariners No. 17 of 1979 or

replaces any subsequent Notice to Mariners containing the like material;

and a reference to any such subsequent Notice to Mariners includes a reference to any Notice to Mariners amending the same which the Hydrographer of the Navy considers relevant from time to time.

(c) the diagram mentioned in paragraph 7 of Annex I to the International Regulations shall be the diagram specified in the Chromaticity Chart (1975) published by the International Commission on Illumination ( CIE );

(d) the reference to the International Code of Signals in paragraph 3 of Annex IV to the International Regulations is a reference to the International Code of Signals (1969) published by Her Majesty’s Stationery Office as amended by amendments No. 1 of September 1971, No. 2 of July 1973, No. 3 of October 1979, No. 4 of February 1986 and No. 5 of June 1988 all of which amendments are published by Her Majesty’s Stationery Office, and the reference to the Merchant Ship Search and Rescue Manual in that paragraph is a reference to the manual of that name published in 1986 by the Organization; and such references include a reference to any document amending either of those publications which is considered by the Secretary of State to be relevant from time to time and is specified in a Merchant Shipping Notice.

(3) The Merchant Shipping (Distress Signals and Prevention of Collisions) Regulations 1983 are hereby revoked save for the following provisions:–

(a) regulation 1(3) and (4)(b) (effect of references to Collision Regulations in the Merchant Shipping Acts 1894–1977) and

(b) the modifications to the Merchant Shipping (Safety Convention) Act 1949 set out in Part II of Schedule 2 thereto and regulation 1(5)(b) thereof in so far as it relates to those modifications.

(4) In the Merchant Shipping (Signals of Distress) Rules 1977 , for Rule 2 there shall be substituted the following:–

In these Rules the expression “signal of distress” means any of the signals of distress prescribed by regulation 3 of the Merchant Shipping (Distress Signals and Prevention of Collisions) Regulations 1989 for use by vessels (other than seaplanes) as signals of distress.

Section 2 Application

(1) These Regulations apply to United Kingdom vessels wherever they may be and to other vessels while they are within the United Kingdom or the territorial waters thereof but not to seaplanes.

(2) In this regulation “vessels” includes hovercraft but not seaplanes.

Section 3 Signals of Distress

The signals of distress which shall be used by vessels to which these Regulations apply as signals of distress are those set out in Annex IV to the International Regulations.

Section 4 Collision Regulations

Vessels to which these Regulations apply shall comply with the provisions of the International Regulations:

Provided that nothing in these Regulations shall be taken to require compliance by any vessel or class of vessels, which by virtue of Rule 38 of the International Regulations may be exempted from compliance therewith, with any of the provisions of the said Regulations specified in paragraphs (a) to (h) inclusive of that Rule, at any time when, by virtue of that Rule, that vessel or class of vessels may be exempted from that provision.

Section 5 Penalties

(1) Where any of these Regulations is contravened, the owner of the vessel, the master and any person for the time being responsible for the conduct of the vessel shall each be guilty of an offence, punishable on conviction on indictment by imprisonment for a term not exceeding two years and a fine, or on summary conviction:–

(a) in the case of any infringement of Rule 10(b)(i) (duty to proceed with traffic flow in lanes of separation schemes) of the International Regulations (being an offence corresponding to an offence under section 419(2) of the Merchant Shipping Act 1894 ) and by a fine not exceeding £50,000; and

(b) in any other case by a fine not exceeding the statutory maximum.

(2) It shall be a defence for any person charged under these Regulations to show that he took all reasonable precautions to avoid the commission of the offence.

Section 6 Power to detain

In any case where a ship does not comply with the requirements of these Regulations, the ship shall be liable to be detained and section 692 of the Merchant Shipping Act 1894 (which relates to the detention of a ship) shall have effect in relation to the ship, subject to the modification that for the words “this Act” wherever they appear, there shall be substituted “the Merchant Shipping (Distress Signals and Prevention of Collisions) Regulations 1989”.

Section 1 Definition

The term “height above the hull” means height above the uppermost continuous deck. This height shall be measured from the position vertically beneath the location of the light.

Section 1 General

The lights mentioned herein shall, if exhibited in pursuance of Rule 26(d), be placed where they can best be seen. They shall be at least 0.9 metre apart but at a lower level than lights prescribed in Rule 26(b)(i) and (c)(i). The lights shall be visible all round the horizon at a distance of a least 1 mile but at a lesser distance than the lights prescribed by these Rules for fishing vessels.

Section 1 Whistles

(a) Frequencies and range of audibility

The fundamental frequency of the signal shall lie within the range 70–700 Hz.

The range of audibility of the signal from a whistle shall be determined by those frequencies, which may include the fundamental and/or one or more higher frequencies, which lie within the range 180–700 Hz (±1 per cent) and which provide the sound pressure levels specified in paragraph 1(c) below.

(b) Limits of fundamental frequencies

To ensure a wide variety of whistle characteristics, the fundamental frequency of a whistle shall be between the following limits:

(i) 70–200 Hz, for a vessel 200 metres or more in length;

(ii) 130–350 Hz, for a vessel 75 metres but less than 200 metres in length;

(iii) 250–700 Hz, for a vessel less than 75 metres in length.

(c) Sound signal intensity and range of audibility

A whistle fitted in a vessel shall provide, in the direction of maximum intensity of the whistle and at a distance of 1 metre from it, a sound pressure level in at least one 1/3rd-octave band within the range of frequencies 180–700 Hz (±1 per cent) of not less than the appropriate figure given in the table below.

The range of audibility in the table above is for information and is approximately the range at which a whistle may be heard on its forward axis with 90 per cent probability in conditions of still air on board a vessel having average background noise level at the listening posts (taken to be 68 dB in the octave band centred on 250 Hz and 63 dB in the octave band centred on 500 Hz).

In practice the range at which a whistle may be heard is extremely variable and depends critically on weather conditions; the values given can be regarded as typical but under conditions of strong wind or high ambient noise level at the listening post the range may be much reduced.

(d) Directional properties

The sound pressure level of a directional whistle shall be not more than 4 dB below the prescribed sound pressure level on the axis at any direction in the horizontal plane within ±45 degrees of the axis. The sound pressure level at any other direction in the horizontal plane shall be not more than 10 dB below the prescribed sound pressure level on the axis, so that the range in any direction will be at least half the range on the forward axis. The sound pressure level shall be measured in that 1/3rd-octave band which determines the audibility range.

(e) Positioning of whistles

When a directional whistle is to be used as the only whistle on a vessel, it shall be installed with its maximum intensity directed straight ahead.

A whistle shall be placed as high as practicable on a vessel, in order to reduce interception of the emitted sound by obstructions and also to minimize hearing damage risk to personnel. The sound pressure level of the vessel’s own signal at listening posts shall not exceed 110 dB(A) and so far as practicable should not exceed 100 dB(A).

(f) Fitting of more than one whistle

If whistles are fitted at a distance apart of more than 100 metres, it shall be so arranged that they are not sounded simultaneously.

(g) Combined whistle systems

If due to the presence of obstructions the sound field of a single whistle or of one of the whistles referred to in paragraph 1(f) above is likely to have a zone of greatly reduced signal level, it is recommended that a combined whistle system be fitted so as to overcome this reduction. For the purposes of the Rules a combined whistle system is to be regarded as a single whistle. The whistles of a combined system shall be located at a distance apart of not more than 100 metres and arranged to be sounded simultaneously. The frequency of any one whistle shall differ from those of the others by at least 10 Hz.

Section 1

The following signals, used or exhibited either together or separately, indicate distress and need of assistance:

(a) a gun or other explosive signal fired at intervals of about a minute;

(b) a continuous sounding with any fog-signalling apparatus;

(c) rockets or shells, throwing red stars fired one at a time at short intervals;

(d) a signal made by radiotelegraphy or by any other signalling method consisting of the group . . . - - - . . . (SOS) in the Morse Code;

(e) a signal sent by radiotelephony consisting of the spoken word “Mayday”;

(f) the International Code Signal of distress indicated by N.C.;

(g) a signal consisting of a square flag having above or below it a ball or anything resembling a ball;

(h) flames on the vessel (as from a burning tar barrel, oil barrel, etc. );

(i) a rocket parachute flare or a hand flare showing a red light;

(j) a smoke signal giving off orange-coloured smoke;

(k) slowly and repeatedly raising and lowering arms outstretched to each side;

(l) the radiotelegraph alarm signal;

(m) the radiotelephone alarm signal;

(n) signals transmitted by emergency position-indicating radio beacons.

(o) approved signals transmitted by radiocommunication systems.

Section 2 Vertical positioning and spacing of lights

(a) On a power-driven vessel of 20 metres or more in length the masthead lights shall be placed as follows:

(i) the forward masthead light, or if only one masthead light is carried, then that light, at a height above the hull of not less than 6 metres, and, if the breadth of the vessel exceeds 6 metres, then at a height above the hull not less than such breadth, so however that the light need not be placed at a greater height above the hull than 12 metres;

(ii) when two masthead lights are carried the after one shall be at least 4-5 metres vertically higher than the forward one.

(b) The vertical separation of masthead lights of power-driven vessels shall be such that in all normal conditions of trim the after light will be seen over and separate from the forward light at a distance of 1,000 metres from the stem when viewed from sea-level.

(c) The masthead light of a power-driven vessel of 12 metres but less than 20 metres in length shall be placed at a height above the gunwale of not less than 2.5 metres.

(d) A power-driven vessel of less than 12 metres in length may carry the uppermost light at a height of less than 2.5 metres above the gunwale. When however a masthead light is carried in addition to sidelights and a sternlight or the all-round light prescribed in Rule 23(c)(i) is carried in addition to sidelights, then such masthead light or all-round light shall be carried at least 1 metre higher than the sidelights.

(e) One of the two or three masthead lights prescribed for a power-driven vessel when engaged in towing or pushing another vessel shall be placed in the same position as either the forward masthead light or the after masthead light; provided that, if carried on the aftermast, the lowest after masthead light shall be at least 4.5 metres vertically higher than the forward masthead light.

(f)

(i) The masthead light or lights prescribed in Rule 23(a) shall be so placed as to be above and clear of all other lights and obstructions except as described in sub-paragraph (ii).

(ii) When it is impracticable to carry the all-round lights prescribed by Rule 27(b)(i) or Rule 28 below the masthead lights, they may be carried above the after masthead light(s) or vertically in between the forward masthead light(s) and the after masthead light(s), provided that in the latter case the requirement of Section 3(c) of this Annex shall be complied with.

(g) The sidelights of a power-driven vessel shall be placed at a height above the hull not greater than three-quarters of that of the forward masthead light. They shall not be so low as to be interfered with by deck lights.

(h) The sidelights, if in a combined lantern and carried on a power-driven vessel of less than 20 metres in length, shall be placed not less than 1 metre below the masthead light.

(i) When the Rules prescribe two or three lights to be carried in a vertical line, they shall be spaced as follows:

(i) on a vessel of 20 metres in length or more such lights shall be spaced not less than 2 metres apart, and the lowest of these lights shall, except where a towing light is required, be placed at a height of not less than 4 metres above the hull;

(ii) on a vessel of less than 20 metres in length such lights shall be spaced not less than 1 metre apart and the lowest of these lights shall, except where a towing light is required be placed at a height of not less than 2 metres above the gunwale;

(iii) when three lights are carried they shall be equally spaced.

(j) The lower of the two all-round lights prescribed for a vessel when engaged in fishing shall be at a height above the sidelights not less than twice the distance between the two vertical lights.

(k) The forward anchor light prescribed in Rule 30(a)(i), when two are carried, shall not be less than 4.5 metres above the after one. On a vessel of 50 metres or more in length this forward anchor light shall be placed at a height of not less than 6 metres above the hull.

Section 2 Signals for trawlers

(a) Vessels when engaged in trawling, whether using demersal or pelagic gear, may exhibit:

(i) when shooting their nets:

Two white lights in a vertical line;

(ii) when hauling their nets;

one white light over one red light in a vertical line;

(iii) when the net has come fast upon an obstruction;

two red lights in a vertical line.

(b) Each vessel engaged in pair trawling may exhibit:

(i) by night, a searchlight directed forward and in the direction of the other vessel of the pair;

(ii) when shooting or hauling their nets or when their nets have come fast upon an obstruction, the lights prescribed in 2(a) above.

Section 2 Bell or gong

(a) Intensity of signal

A bell or gong, or other device having similar sound characteristics shall produce a sound pressure level of not less than 110 dB at a distance of 1 metre from it.

(b) Construction

Bells and gongs shall be made of corrosion-resistant material and designed to give a clear tone. The diameter of the mouth of the bell shall be not less than 300 mm for vessels of 20 metres or more in length, and shall be not less than 200 mm for vessels of 12 metres or more but of less than 20 metres in length.

Where practicable, a power-driven bell striker is recommended to ensure constant force but manual operation shall be possible. The mass of the striker shall be not less than 3 per cent of the mass of the bell.

Section 2

The use or exhibition of any of the foregoing signals except for the purpose of indicating distress and need of assistance and the use of other signals which may be confused with any of the above signals is prohibited.

Section 3 Horizontal positioning and spacing of lights

(a) When two masthead lights are prescribed for a power-driven vessel, the horizontal distance between them shall not be less than one-half of the length of the vessel but need not be more than 100 metres. The forward light shall be placed not more than one-quarter of the length of the vessel from the stem.

(b) On a power-driven vessel of 20 metres or more in length the sidelights shall not be placed in front of the forward masthead lights. They shall be placed at or near the side of the vessel.

(c) When the lights prescribed in Rule 27(b)(i) or Rule 28 are placed vertically between the forward masthead light(s) and the after masthead light(s) these all-round lights shall be placed at a horizontal distance of not less than 2 metres from the fore and aft centreline of the vessels in the athwartship direction.

Section 3 Signals for purse seiners

Vessels engaged in fishing with purse seine gear may exhibit two yellow lights in a vertical line. These lights shall flash alternately every second and with equal light and occultation duration. These lights may be exhibited only when the vessel is hampered by its fishing gear.

Section 3 Approval

The construction of sound signal appliances, their performance and their installation on board the vessel shall be to the satisfaction of the appropriate authority of the State whose flag the vessel is entitled to fly.

Section 3

Attention is drawn to the relevant sections of the International Code of Signals, the Merchant Ship Search and Rescue Manual and the following signals:

(a) a piece of orange-coloured canvas with either a black square and circle or other appropriate symbol (for identification from the air);

(d) a dye marker.

Section 4 Details of location of direction-indicating lights for fishing vessels, dredgers and vessels engaged in underwater operations.

(a) The light indicating the direction of the outlying gear from a vessel engaged in fishing as prescribed in Rule 26(c)(ii) shall be placed at a horizontal distance of not less than 2 metres and not more than 6 metres away from the two all-round red and white lights. This light shall be placed not higher than the all-round white light prescribed in Rule 26(c)(i) and not lower than the sidelights.

(b) The lights and shapes on a vesssel engaged in dredging or underwater operations to indicate the obstructed side and/or the side on which it is safe to pass, as prescribed in Rule 27(d)(i) and (ii), shall be placed at the maximum practical horizontal distance, but in no case less than 2 metres, from the lights or shapes prescribed in Rule 27(b)(i) and (ii). In no case shall the upper of these lights or shapes be at a greater height than the lower of the three lights or shapes prescribed in Rule 27(b)(i) and (ii).

Section 5 Screens for sidelights

The sidelights of vessels of 20 metres or more in length shall be fitted with inboard screens painted matt black, and meeting the requirements of Section 9 of this Annex. On vessels of less than 20 metres in length the sidelights, if necessary to meet the requirements of Section 9 of this Annex, shall be fitted with inboard matt black screens. With a combined lantern, using a single vertical filament and a very narrow division between the green and red sections, external screens need not be fitted.

Section 6 Shapes

(a) Shapes shall be black and of the following sizes;

(i) a ball shall have a diameter of not less than 0.6 metre;

(ii) a cone shall have a base diameter of not less than 0.6 metre and a height equal to its diameter;

(iii) a cylinder shall have a diameter of at least 0.6 metre and a height of twice its diameter;

(iv) a diamond shape shall consist of two cones as defined in (ii) above having a common base.

(b) The vertical distance between shapes shall be at least 1.5 metres.

(c) In a vessel of less than 20 metres in length shapes of lesser dimensions but commensurate with the size of the vessel may be used and the distance apart may be correspondingly reduced.

Section 7 Colour specification of lights

The chromaticity of all navigation lights shall conform to the following standards, which lie within the boundaries of the area of the diagram specified for each colour by the International Commission on Illumination (CIE).

The boundaries of the area for each colour are given by indicating the corner co-ordinates, which are as follows:

(i) White

(ii) Green

(iii) Red

(iv) Yellow

Section 8 Intensity of lights

(a) The minimum liminous intensity of lights shall be calculated by using the formula;

where I is luminous intensity in candelas under service conditions,

T is threshold factor 2 × 10 −7 lux,

D is range of visibility (luminous range) of the light in nautical miles,

K is atmospheric transmissivity.

For prescribed lights the value of K shall be 0.8, corresponding to a meteorological visibility of approximately 13 nautical miles.

(b) A selection of figures derived from the formula is given in the following table:

Section 9 Horizontal sectors

(a)

(i) In the forward direction, sidelights as fitted on the vessel shall show the minimum required intensities. The intensities shall decrease to reach practical cut-off between 1 degree and 3 degrees outside the prescribed sectors.

(ii) For sternlights and masthead lights and at 22.5 degrees abaft the beam for sidelights, the minimum required intensities shall be maintained over the arc of the horizon up to 5 degrees within the limits of the sectors prescribed in Rule 21. From 5 degrees within the prescribed sectors the intensity may decrease by 50 per cent up to the prescribed limits; it shall decrease steadily to reach practical cut-off at not more than 5 degrees outside the prescribed sectors.

(b) All-round lights shall be so located as not to be obscured by masts, topmasts or structures within angular sectors of more than 6 degrees, except anchor lights prescribed in Rule 30, which need not be placed at an impractical height above the hull.

Section 10 Vertical sectors

(a) The vertical sectors of electric lights as fitted, with the exception of lights on sailing vessels underway shall ensure that:

(i) at least the required minimum intensity is maintained at all angles from 5 degrees above to 5 degrees below the horizontal;

(ii) at least 60 per cent of the required minimum intensity is maintained from 7.5 degrees above to 7.5 degrees below the horizontal.

(b) In the case of sailing vessels underway the vertical sectors of electric lights as fitted shall ensure that:

(i) at least the required minimum intensity is maintained at all angles from 5 degrees above to 5 degrees below the horizontal;

(ii) at least 50 per cent of the required minimum intensity is maintained from 25 degrees above to 25 degrees below the horizontal.

(c) In the case of lights other than electric these specifications shall be met as closely as possible.

Section 11 Intensity of non-electric lights

Non-electric lights shall so far as practicable comply with the minimum intensities, as specified in the Table given in section 8 of this Annex.

Section 12 Manoeuvring light

Notwithstanding the provisions of paragraph 2(f) of this Annex the manoeuvring light described in Rule 34(b) shall be placed in the same fore and aft vertical plane as the masthead light or lights and, where practicable, at a minimum height of 2 metres vertically above the forward masthead light, provided that is shall be carried not less than 2 metres vertically above or below the after masthead light. On a vessel where only one masthead light is carried the manoeuvring light, if fitted, shall be carried where it can best be seen, not less than 2 metres vertically apart from the masthead light.

Section 13 Approval

The construction of lights and shapes and the installation of lights on board the vessel shall be to the satisfaction of the appropriate authority of the State whose flag the vessel is entitled to fly.