Citation, revocation and interpretation

1.-(1) These Regulations may be cited as the Merchant Shipping (Pilot Ladders and Hoists) Regulations 1987 and shall come into force on 1st January 1988.

(2) The Merchant Shipping (Pilot Ladders and Hoists) Regulations 1980(2) and the Merchant Shipping (Pilot Ladders and Hoists) (Amendment) Regulations 1981(3) are hereby revoked.

2.-(1) In these Regulations:-

"associated equipment" includes manropes, safety lines and harnesses, lifebuoys with self igniting lights, heaving lines, lighting, and when required by regulation 7(8), stanchions and bulwark ladders;

"existing ship" means a ship the keel of which was laid or which was at a similar stage of construction before 25th May 1980;

"Merchant Shipping Notice" means a Notice described as such issued by the Department of Transport and any reference to a particular Merchant Shipping Notice includes a reference to any document amending or replacing that Notice which is considered by the Secretary of State to be relevant from time to time and is specified in a Merchant Shipping Notice.

(2) Any reference in these Regulations to a numbered regulation is a reference to the regulation of that number in these Regulations.

Application and classification of ships

3. These Regulations apply in relation to:

(a)sea-going United Kingdom ships; and

(b)other sea-going ships while they are within the United Kingdom or the territorial waters thereof:

Provided that these Regulations shall not apply to a ship which is not a United Kingdom ship flying the flag of a State which is not a party to the International Convention for the Safety of Life at Sea 1974 by reason of her being within the United Kingdom or within the territorial waters thereof if she would not have been there but for stress of weather or any other circumstances which could not have been prevented by the master, the owner or the charterer (if any).

4. For the purpose of these Regulations the ships to which these Regulations apply shall be arranged in the same classes in which ships are arranged for the purposes of the Merchant Shipping (Life-Saving Appliances) Regulations 1980(4) and any reference in these Regulations to a ship of any class shall be construed accordingly.

Provision of pilot ladders, accommodation ladders, hoists and associated equipment.

5.-(1) Every ship of

(i)Classes, I, II, II(A), VII, VII(T), VII(A), VIII, VIII(T), VIII(A), and VIII(A)(T);

(ii)Class X where the distance in normal operating conditions, from the water to the point of access to the vessel exceeds 2.5 metres; and

(iii)Classes III to VI(A) inclusive and of IX, IX(A), IX(A)(T), XI, and XII, when engaged on a voyage during the course of which a pilot is likely to be employed;

shall be provided by the owner with a pilot ladder and associated equipment complying with the requirements of regulation 7(3) to (10) and, when required by regulation 5(2)(b), an accommodation ladder or ladders complying with the requirements of regulation 7(2).

(2) The owner shall ensure that-

(a)suitable positions are available on each side of the ship to enable the master to comply with the requirements of regulation 7(1) and 7(2);

(b)in every ship to which paragraph (1) above applies, where the distance from the sea level to the point of access to the ship is more than 9 metres, accommodation ladders sited on each side of the ship, are provided: Provided however that a single accommodation ladder capable of being transferred, or other equally safe and convenient means, may be provided instead.

(c)all mechanical pilot hoists (hereinafter referred to as "hoists") if fitted, comply with regulations 8 and 9.

Pilot ladders, accommodation ladders, hoists and associated equipment

6. The master shall ensure that-

(a)each pilot ladder, accommodation ladder and associated equipment meets the requirements of regulation 7, as appropriate, and is efficient for the purpose of enabling pilots, officials and other persons to embark and disembark safely;

(b)each pilot ladder, accommodation ladder, hoist and associated equipment is properly maintained and stowed and regularly inspected to ensure that, so far as is reasonably practicable, each is safe to use;

(c)each pilot ladder is used only for the embarkation and disembarkation of pilots and by officials and other persons while a ship is arriving at or leaving a port;

(d)the rigging of the pilot ladder, accommodation ladder, hoist and associated equipment used for the transfer of pilots and the embarkation and disembarkation of persons thereby is supervised by a responsible officer of the ship.

7.-(1) Every pilot ladder shall be so positioned and secured-

(a)that it is clear of any possible discharges from the ship;

(b)that it is within the parallel body length of the ship and, as far as is practicable, within the mid-ship half section of the ship taking into consideration paragraphs 7 and 8 of Merchant Shipping Notice No. 898;

(c)that each step rests firmly against the ship's side, and, if belting is fitted in way of this position, such belting shall be cut back sufficiently to comply with this requirement;

(d)that the person using it can gain safe and convenient access to the ship after climbing not less than 1.5 metres and not more than 9 metres.

(2) (a) Where an accommodation ladder is provided for the purpose of regulation 5(2) it shall be so sited that, when used in conjunction with a pilot ladder for embarking or disembarking pilots, officials and other persons, the lower end of the accommodation ladder rests firmly against the side of the ship within the parallel body length of the ship and, as far as is practicable, within the mid-ship half section and leading aft. Precautions shall be taken to bowse-in such accommodation ladder falls against the roll of the ship.

(b)Whenever an accommodation ladder is used in conjuction with a pilot ladder the pilot ladder shall be rigged immediately adjacent to the lower platform of the accommodation ladder so that the pilot ladder's upper end extends at least 2 metres above the accommodation ladder's lower platform.

(3) A single length of pilot ladder shall be used capable of reaching the water from the point of access to or egress from the ship and due allowance shall be made for all conditions of loading and trim of the ship. The securing strongpoints, shackles and securing ropes shall be at least as strong as the side ropes specified in paragraph (5) below.

(4) The steps of the pilot ladder shall-

(a)be made of ash, oak, elm, or teak or other hardwood or other material of equivalent strength, stiffness and durability. The four lowest steps may be of rubber or other material of equivalent strength, stiffness and durability;

(b)be made in one piece, and in the case of wooden steps free of knots;

(c)have an efficient non-slip surface;

(d)be not less than 480 millimetres long, 115 millimetres wide and 25 millimetres in depth, excluding any non-slip device or grooving;

(e)be equally spaced not less than 300 millimetres nor more than 380 millimetres apart; and

(f)be secured in such a manner that each will remain horizontal;

Provided that-

(i)no pilot ladder shall have more than two replacement steps which are secured in position by a method different from that used in the original construction of the ladder, and any steps so secured shall be replaced as soon as reasonably practicable by steps secured in position by the method used in the original construction of the pilot ladder; and

(ii)when any replacement step is secured to the side ropes of the pilot ladder by means of grooves in the sides of the step, such grooves shall be in the longer sides of the step.

(5) The side ropes of the pilot ladder shall consist of two manila ropes not less than 18 millimetres in diameter on each side. Each rope shall be left uncovered by any other material, and shall be continuous with no joins below the top step.

(6) (i) Two man-ropes of not less than 20 millimetres in diameter properly secured to the ship shall be provided; and

(ii)a safety line and harness for rescue purposes shall be kept at hand ready for use; and

(iii)a lifebuoy equipped with a self-igniting light shall be kept at hand ready for use; and

(iv)a heaving line shall be kept at hand ready for use.

(7) Spreaders between 1.80 metres and 2.00 metres long, made of ash, oak, elm or teak or other hardwood or other material of equivalent strength, stiffness and durability, made in one piece, and in the case of wooden spreaders, free of knots, shall be provided at such intervals as will prevent the ladder from twisting. The lowest spreader shall be on the fifth step from the bottom of the ladder, and the interval between any spreader and the next shall not exceed nine steps.

(8) (a) Means shall be provided to ensure safe and convenient passage for any person embarking on or disembarking from the ship between the head of the pilot ladder, or of any accommodation ladder or other appliance provided pursuant to paragraph (2) above and the ship's deck.

(b)Where such passage is by means of a gateway in the rails or bulwark, adequate handholds shall be provided.

(c)Where such passage is by means of a bulwark ladder, such ladder shall be securely attached to the bulwark rail or landing platform. Two hand-hold stanchions shall be fitted at the point of embarking on or disembarking from the ship on each side which shall be not less than 700 millimetres nor more than 800 millimetres apart. Each stanchion shall be rigidly secured to the ship's structure at or near its base and also at a higher point, shall be not less than 40 millimetres in diameter and shall extend not less than 1.20 metres above the top of the bulwarks. Stanchions or handrails shall not be attached to the bulwark ladder.

(9) Lighting shall be provided such that both the pilot ladder overside and also the position where any person embarks or disembarks on the ship shall be adequately lit.

(10) Means shall be provided to enable the pilot ladder to be used, in accordance with the requirements of this regulation, on either side of the ship.

Hoists

8.-(1) The owner shall ensure that a hoist, if provided, and its ancillary equipment, is of a type approved by the Secretary of State. It shall be of such design and construction as to ensure that any person can be embarked and disembarked in a safe manner, including a safe access from the hoist to the deck and from the deck to the hoist. The hoist shall be used solely for the embarkation and disembarkation of pilots, and of officials and other persons while a ship is arriving at or leaving a port.

(2) The hoist shall be so located that it is within the parallel body length of the ship and, as far as is practicable, within the mid-ship half section of the ship taking into consideration Merchant Shipping Notice No. M898.

(3) From a standing position at the control point it shall be possible for the operator to have the hoist under observation continuously between its highest and lowest working positions.

(4) The owner and master shall ensure that in respect of the hoist there is on board a copy of the manufacturer's maintenance manual, approved by the Secretary of State, which contains a maintenance log book. The hoist shall be maintained in accordance with the maintenance manual.

(5) A record of maintenance and repairs of the hoist shall be entered in the maintenance log book by the officer responsible for its maintenance.

(6) Notwithstanding the previous provisions of this regulation, in the case of existing ships, any hoists which are fitted and were manufactured before 20th November 1973, may be carried, if they have been modified in accordance with Merchant Shipping Notice No. M898.

(7) Any approval given pursuant to this regulation shall be given in writing and shall specify the date when it is to come into force and the conditions (if any) on which it is given.

Construction of hoist

9.-(1) The working load of a hoist shall be the sum of the weight of the hoist ladder and falls in the fully lowered condition and the maximum number of persons which the hoist is designed to carry, the weight of each person being taken as 150 kg. The maximum complement a hoist is permitted to carry shall be clearly and permanently marked on the hoist.

(2) Every hoist shall be of such construction that, when operating under the working load determined in accordance with paragraph (1) above, each component shall have an adequate factor of safety having regard to the material used, the method of construction and the nature of its duty.

(3) In selecting the materials of construction, regard shall be paid to the conditions under which the hoist will be required to operate.

(4) The hoist shall consist of the following main parts-

(a)a mechanically powered winch;

(b)two separate falls;

(c)a ladder consisting of two parts-

(i)a rigid upper part for the transportation of any person upwards or downwards;

(ii)a flexible lower part, consisting of a short length of pilot ladder, which enables any person to climb from the pilot launch or tender to the rigid upper part of the ladder and vice versa.

Mechanically powered winch

(5) (a) The source of power for the winches shall be electrical, hydraulic or pneumatic. In the case of a pneumatic system, an exclusive air supply shall be provided with adequate arrangements to control its quality. In the case of ships engaged in the carriage of flammable cargoes, the source of power shall not be such as to cause a hazard to the ship. All systems shall be capable of efficient operation under the conditions of vibration, humidity and range of temperature likely to be experienced in the ship in which they are installed.

(b)The winch shall include a brake or other equally effective arrangement (such as a properly constructed worm drive) which is capable of supporting the working load in the event of power failure. The brake or other arrangement shall be capable of supporting the working load when the hand gear is in use.

(c)Efficient hand gear shall be provided to lower or recover, at a reasonable speed, the person carried in the event of power failure.

(d)Any crank handle provided for manual operation shall, when engaged, be so arranged that the power supply is automatically cut off.

(e)Hoists shall be fitted with automatic safety devices in order to cut off the power supply when the ladder comes against any stop so as to avoid overstressing the falls or any other part of the hoist: provided that in the case of hoists operated by pneumatic power, the safety cut-out device may be omitted if the maximum torque available from the air motor cannot result in overstressing of the falls or other parts of the hoist.

(f)All hoist controls shall incorporate an emergency stop to cut off the power supply and an emergency stop switch within easy reach of the person carried by means of which he may cut off the power.

(g)The winch controls shall be clearly and durably marked to indicate "Hoist", "Stop" and "Lower". The manner in which these controls operate shall correspond to the manner in which the hoist operates and shall automatically return to the "Stop" position when released.

(h)Efficient arrangements shall be provided to ensure that the falls wind evenly on to the winch-drums.

(i)The hoist shall be securely attached to the structure of the ship. Attachment shall not be solely by means of the ship's side rails. Proper and strong attachment points shall be provided for the hoists of the portable type on each side of the ship.

(j)The winch shall be capable of hoisting or lowering the safe working load (determined in accordance with regulation 9(1)) at a speed of between 15 and 30 metres per minute.

(k)There shall be safe means of access between the ladder at its upper limit and the deck and vice versa; such access shall be gained directly by a platform securely guarded by handrails.

(l)An electrical appliance associated with the ladder section of the hoist shall not be operated at a voltage exceeding 25 volts.

Falls

(6) (a) The falls shall be made of flexible steel wire rope of adequate strength and resistant to corrosion in a salt-laden atmosphere.

(b)The falls shall be securely attached to winch-drums and the ladder. These attachments shall be capable of withstanding a proof load of not less than 2.2. times the load on such attachments. The falls shall be maintained at a sufficient relative distance from one another, so as to reduce the possibility of the ladder becoming twisted.

(c)The falls shall be of sufficient length to allow for all conditions of freeboard likely to be encountered in service and to retain at least three turns on the winch-drums with the hoist in its lowest position.

Ladder section

(7) (a) The rigid part shall be not less than 2.50 metres in length and be equipped in such a way that the person carried can maintain a safe position whilst being hoisted or lowered. Such part shall be provided with-

(i)a sufficient number of steps complying with sub-paragraph (c) of this paragraph to provide a safe and easy access to and from the platform referred to in paragraph (5)(k) of this regulation;

(ii)safe handholds capable of being used under all conditions including extremes of temperature, together with non-slip steps;

(iii)a spreader at the lower end of not less 1.80 metres. The ends of the spreader shall be provided with rollers which shall roll freely on the ship's side during the whole operation of embarking or disembarking;

(iv)an effective guard ring, suitably padded, so positioned as to provide physical support for the person carried without hampering movement;

(v)adequate means for communication between the person carried and the operator and/or the responsible officer who supervises the embarkation or disembarkation of the person carried;

(vi)an emergency stop switch within easy reach of the person carried by means of which he may cut off the power.

(b)Below the rigid part mentioned in sub-paragraph (a) above, a section of flexible ladder comprising eight steps shall be provided, constructed in accordance with the following requirements-

• The steps of the flexible ladder shall-

  (i)

  be made of ash, oak, elm or teak or other hardwood or other material of equivalent strength, stiffness and durability. The four lowest steps may be of rubber or other material of equivalent strength, stiffness and durability;

  (ii)

  be made in one piece, and in the case of wooden steps, free of knots;

  (iii)

  have an efficient non-slip surface;

  (iv)

  be not less than 480 millimetres long, 115 millimetres wide, and 25 millimetres in depth, excluding any non-slip device or grooving;

  (v)

  be equally spaced not less than 300 millimetres nor more than 380 millimetres apart; and

  (vi)

  be secured in such a manner that each will remain horizontal;

  • Provided that-

  (aa)

  No flexible ladder section shall have more than two replacement steps which are secured in position by a method different from that used in the original construction of the flexible ladder section and any steps so secured shall be replaced as soon as reasonably practicable by steps secured in position by the method used in the original construction of the flexible ladder. When any replacement step is secured to the side ropes of the ladder by means of grooves in the sides of the step, such grooves shall be in the longer sides of the step; and

  (bb)

  the side ropes of the flexible ladder section shall consist of two manila ropes not less than 18 millimetres in diameter on each side. Each rope shall be left uncovered by any other material and shall be continuous with no joins below the top step.

(c)The steps of the flexible ladder section and those of the rigid ladder section shall be in the same vertical line, of the same width, spaced vertically equidistant and placed as close as practicable to the ship's side. The handholds of both parts of the ladder section shall be aligned as closely as possible.

(d)If belting is fitted in the way of the hoist position, such belting shall be cut back sufficiently to allow the hoist to be placed as close as practicable to the ship's side.

Operation of the hoist

(8) (a) The master shall ensure that rigging and testing of the hoist pursuant to paragraph (9) below and the embarkation and disembarkation of any person is supervised by a responsible officer of the ship. Any person engaged in rigging and operating the hoist shall be instructed in the rigging and operating procedures to be adopted and the equipment shall be tested prior to the embarkation or disembarkation of any person.

(b)The master shall ensure that lighting is provided so that the hoist overside, its controls and the position where the person carried embarks or disembarks on the ship is adequately lit; and that the equipment specified in regulation 7(6)(ii), (iii), and (iv) is kept at hand ready for use if required.

(c)The master shall ensure that a pilot ladder complying with the provisions of regulation 7 is rigged adjacent to the hoist and available for immediate use so that access to it is available from the hoist during any point of its travel; and that the pilot ladder is capable of reaching the sea level from its own point of access to the ship.

(d)The position on the ship's side where the hoist will be lowered shall be indicated.

(e)An adequately protected stowage position shall be provided for the hoist. In very cold weather the master shall ensure that the hoist is rigged in adequate time having regard to the danger of ice formation.

Testing

(9) (a) Every new hoist shall be subjected to an overload test of 2.2 times the working load. During this test the load shall be lowered a distance of not less than 5 metres and the brake applied to stop the hoist drum. Where a winch is not fitted with a brake, and depends upon an equally effective arrangement as prescribed in regulation 9(5)(b) to support the load in the event of power failure, the load shall be lowered at the maximum permitted lowering speed and a power failure shall be simulated to show that the hoist will stop and support the load.

(b)An operating test of 10 per cent overload shall be carried out after installation on board the ship.

(c)Subsequent examinations of the hoists under working conditions shall be made at each annual or intermediate and renewal survey for the vessel's safety equipment certificate.

(d)(i)The master shall ensure that, in addition to the testing required in sub-paragraphs (a), (b) and (c) of this paragraph, regular test rigging and inspection, including a load test to at least 150 kg, shall be carried out by designated ship's personnel at intervals of not more than six months.

(ii)A record to that effect shall be made by the master in the ship's official logbook.

(iii)In ships not required to keep an official logbook, a record to that effect shall be made by the master or person responsible for maintaining such records and be retained on board for a period of not less than 12 months.

Equivalents

10. Where these Regulations require that a particular fitting, material, appliance or apparatus or type thereof, shall be fitted or carried in a ship, or that any particular provision shall be made, the Secretary of State may permit any other fitting, material, appliance or apparatus, or type thereof to be fitted or carried, or any other provision to be made in that ship if he is satisfied after trial thereof or otherwise that such other fitting, material, appliance or apparatus, or type thereof, or provision, is at least as effective as that required by these Regulations.

Penalties

11.-(1) A master of a ship who contravenes any provision of regulations 6, 8(4) or 9(8)(a), (b), (c), (e) or (9)(d)(i) shall be guilty of an offence and liable on summary conviction to a fine not exceeding £1000 or, on conviction on indictment, to imprisonment for a term not exceeding two years and a fine.

(2) An owner of a ship who contravenes regulations 5 or 8(1) or (4) shall be guilty of an offence and liable on summary conviction to a fine not exceeding £1000 or, on conviction on indictment, to imprisonment for a term not exceeding two years and a fine.

(3) An officer who fails to supervise as instructed by the master and required by regulations 6(d) or 9(8)(a) shall be guilty of an offence and liable on summary conviction to a fine not exceeding £500 or on conviction on indictment to imprisonment for a term not exceeding one year and a fine.

(4) An officer responsible for the maintenance of the hoist who fails to keep a record as required by regulation 8(5) shall be guilty of an offence and liable on summary conviction to a fine not exceeding £500.

(5) Any person who fails to comply with regulation 9(9)(d)(ii) or (iii) shall be guilty of an offence and liable on summary conviction to a fine not exceeding £50.

(6) It shall be a defence for a person charged with an offence under these Regulations to prove that he took all reasonable steps and exercised all due diligence to ensure that the Regulations were complied with.

Power to detain

12. If a ship to which these Regulations apply carries a pilot ladder or hoist which does not conform to the specified requirements of these Regulations, the ship shall be liable to be detained and section 692(1)-(3) of the Merchant Shipping Act 1894(5) (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 were substituted "the Merchant Shipping (Pilot Ladders and Hoists) Regulations 1987".

Explanatory Note

(This note is not part of the Regulations)

These Regulations revoke and re-enact, with amendments, the Merchant Shipping (Pilot Ladders and Hoists) Regulations 1980. The major amendments are:

1. The owner is required to provide associated equipment and accommodation ladder (when applicable) in addition to the pilot ladder and to ensure that suitable positions are provided for securing the pilot ladder.

2. The master is required to ensure that the associated equipment and the pilot ladder, accommodation ladder and hoist are in good order, efficient and used correctly.

3. Provision of a defence to ensure that a person will not be liable to conviction of a criminal offence if he has done what he can to avoid committing the offence.