OTHER VESSEL RELATED ACTIVITIES Clause Samples

OTHER VESSEL RELATED ACTIVITIES. 9.1 As this OWA is designed to manage the overlaps between the work of HSE, MCA and MAIB, it will not address activities where no such overlap exists or where HSE, MCA or MAIB liaises with other regulators or organisations on vessel related issues (e.g. Local Authorities (LAs), the Adventure Activities Licensing Authority (AALA), navigation authorities or port and harbour authorities). 9.2 MCA will normally take the enforcement lead for any issue relating to navigation, vessel standards (including stability), or crew competence on commercial vessels. MCA regulation primarily relates to certain classes of vessels operating commercially in categorised waters (i.e. waters which have been assessed against criteria relating to depth and wave height which determine the appropriate standards to apply). Categorised waters are listed in a Merchant Shipping Notice (currently MSN 1837(M) available on the MCA website). However, the Merchant Shipping Act 1995 applies to any ship (“any vessel used in navigation”) and so MCA powers can be used in other inland waters. It should be noted that navigation authorities / local authorities may also license operation on their waters and have local navigation bylaws. 9.3 When considering if HSE, MCA and/or MAIB should take the lead for a given vessel related activity, use the overarching and supporting principles outlined in this document, and other relevant information, to agree a way forward. Some relevant points to note are: 9.3.1 When considering docks and harbours, the dividing line between MCA and HSE responsibilities for passengers is at the gangway. If the vessel provides the gangway the MCA lead ends at the bottom of the gangway, if the gangway is provided by others MCA lead starts at the top of the gangway; 9.3.2 In the case of dangerous cargoes, HSE is the enforcing authority for the Dangerous Goods in Harbour Areas Regulations 2016 (which replaced the Dangerous Substances in Harbour Areas Regulations 1987 on 1st October 2016), except where the statutory harbour authorities enforce.