Interpretation of yacht safety management regulations

Assistant Director Ye of the Maritime Safety Administration of the Ministry of Transport interprets the Regulations on Yacht Safety Management.

The Ministry of Transport issued the Regulations on Yacht Safety Management (hereinafter referred to as the Regulations), which came into effect on June 65438+ 10/day, 2009. In order to facilitate the public to better understand the relevant contents of the Measures, the reporter interviewed Assistant Director Ye of the Maritime Safety Administration of the Ministry of Transport on the relevant contents. Background of the Regulations: The yacht industry has a huge share in the global market. The annual yacht economic income in the world exceeds 50 billion dollars. Developed countries have a yacht for every 1 person on average, and Norway, New Zealand and other places have a yacht for every 8 people. Professionals believe that when the per capita GDP of the region reaches 5,000 US dollars, the yacht economy will begin to sprout, which also confirms the development of China's yacht industry. According to statistics, at present, there are more than 200 yacht manufacturing enterprises in China, and there are more than 30 enterprises whose output value exceeds 10 billion. These enterprises are mainly concentrated in Shenzhen, Shanghai, Qingdao, Tianjin, Xiamen, Zhuhai and other cities. There are more than 100 yachts along the coast, mainly in Qingdao and Shenzhen. As a new industry, yacht industry has been highly valued by many local leaders, who have high hopes for the development of yacht industry and regard it as a city brand. Yacht industry has developed in Liaoning, Hebei, Shandong, Jiangsu, Shanghai, Zhejiang, Fujian, Guangdong, Hainan and other coastal and inland provinces and cities with rich water tourism resources and relatively developed economy, among which Shenzhen, Shanghai, Qingdao and Rizhao have developed rapidly. Due to the sailing competition of the 2008 Olympic Games and the world sailing competition, the yacht industry in Qingdao and Rizhao has developed very rapidly. Shenzhen is adjacent to Hong Kong, with four seasons like spring, and has unique natural conditions for developing yacht industry. Shanghai will accelerate the development of yacht economy and build Fengxian District into a yacht city. Compared with the developed countries with one yacht per person 1, 7 1, there is still a huge room for improvement in the per capita yacht ownership in China. It can be predicted that with the further development of economy and the gradual change of people's life concept, yacht industry will develop rapidly in China. At present, China's laws and regulations on water traffic safety supervision are mainly formulated for operating ships, and many regulations are not applicable to yacht safety supervision. In order to meet the needs of social development, serve economic construction and promote the healthy development of yacht industry, it is urgent to formulate management systems including yacht registration, inspection, navigation rules, yacht driver training and examination, yacht club operation mode, etc. according to the characteristics of yachts. Yacht safety supervision and legislative principles: Yachts, as private non-operating leisure ships, are mainly used for sightseeing, recreation and business reception. It has its own characteristics, pursues individuality in architectural style, and does not participate in public transportation. If the yacht is completely managed by the management concept of managing ships, it will hinder the healthy development of yachts. Yachts are different from operating ships. In addition to observing the international rules for preventing collisions, most other international maritime conventions, such as the International Convention for the Safety of Life at Sea and the International Convention on Standards of Training, Certification and Watchkeeping for Seafarers, are not applicable to them, and they are non-convention ships, so there is a lack of consistent standards and norms in the world. In the registration and inspection system, some countries do not need inspection, some countries do but do not need registration, and some even do not need registration and inspection at all; In terms of yacht drivers' requirements, some are led by the competent authorities for training, examination and certification, while others are entirely borne by industry associations. Countries have different requirements and practices, but they are all slack management. Therefore, on the one hand, yacht management must be based on China's national conditions, learn from the management experience of foreign yacht developed areas under the framework of current maritime laws and regulations, simplify yacht registration and inspection procedures in addition to strictly observing navigation rules, and establish a relaxed legal environment conducive to the healthy development of yachts by not registering yacht drivers according to the requirements of the crew regulations, not implementing the ship visa, safety inspection and safety manning system. Drawing lessons from foreign yacht management experience and combining with the current situation of yacht management in China, the yacht safety supervision legislation adheres to the following principles: to ensure yacht safety and promote the healthy development of yacht industry; (2) The yacht's own safety and public safety; (three) the implementation of a special management system that is conducive to ensuring the safety of yachts; (four) the implementation of the maritime administrative agency supervision, yacht owners' independent management and industry self-discipline. Definition of yacht and the scope of application of the Regulations: It is very important to clarify the connotation of yacht. In the process of drafting the Regulations, we studied the definition of yacht in Canada, New Zealand, Hong Kong Special Administrative Region and other countries or regions. According to Canadian shipping regulations, a yacht refers to a ship that is only used for personal entertainment and not for commercial purposes. According to the relevant laws of New Zealand, a yacht refers to a ship that is only used for the owner's entertainment or as the owner's residence, and is not used for renting or getting paid. According to the Hong Kong Merchant Shipping (Yacht) Regulations, a yacht refers to a launch, private yacht, inflatable boat, Chinese sailboat, western-style Chinese sailboat or other vessel that meets the following conditions: 1, is equipped with or equipped with an engine, or is designed to be equipped with or equipped with an engine, so that the ship can only be propelled by mechanical equipment; 2. Owned or used solely for entertainment; 3. Not to rent for the purpose of collecting rent or remuneration (except those rented according to the terms of the lease agreement and the lease purchase agreement). Combined with the definition of yacht in relevant countries or regions, the definition of yacht in the Regulations is: "The yacht mentioned in these Provisions refers to a ship with mechanical propulsion power device that is only used by yacht owners for sightseeing, leisure and entertainment activities". Considering that all yachts provided by yacht clubs to members are used by yacht users for non-profit activities such as sightseeing, leisure and entertainment, they also belong to "yachts" as mentioned in the Measures. During the drafting of the Regulations, there was a view that yachts should be defined within the range of less than 20 meters in length and less than 12 crew, and all those beyond this range should be managed as commercial passenger ships. Because the safety management of yachts in inspection, registration, visa and ship manning is looser than that of commercial passenger ships, taking this restriction measure is conducive to preventing the occurrence of mass casualties. However, most yacht owners, yacht manufacturers, sellers and some competent authorities have expressed different opinions on this restriction measure, because the direct consequence is that no one will produce or buy yachts with limited length, which leads to the development of yachts to small and medium-sized scale, which is inconsistent with the original legislative intention of promoting the healthy development of yacht industry. At the same time, considering that yachts with crew members above 12 are likely to cause group deaths and injuries, the regulations stipulate that "yachts with crew members above 12 shall be subject to safety supervision and management as passenger ships". Inspection and registration of yachts: As a non-convention ship, yachts have no uniform safety and pollution prevention requirements, and their inspection management is stipulated by domestic laws of various countries. Some countries and regions have strict yacht management, such as the European Union and Britain. Yacht management in some countries and regions is relatively loose, such as Canada, New Zealand and Hong Kong. In 2003, the European Union issued the directive 2003/44/EC, which requires that yachts manufactured locally or imported from the European Union (mainly for ships manufactured or entering the European Union after 1998) have a length of 2. Between 5 and 24 meters, its design and construction must meet the requirements of the manual. CE mark that meets the directive standard after inspection. In Britain, after the promulgation of the large yacht law, it is required that new large yachts should consider how to comply with the legal provisions from the design stage. For yachts that have been built, they must also meet the requirements of this law through transformation. In Canada, yacht, as a kind of small boat, is mainly regulated by the small boat law, and also involves other laws, such as collision law and transportation law. Articles 3, 4, 5 and 6 of the Small Boat Ordinance require yachts to be equipped with life-saving and safety equipment and navigation equipment. The inspection of these equipment is not mandatory, and yacht owners can voluntarily apply for inspection and label them after inspection. This tender has no legal effect and can only prove that the safety equipment of the ship meets the relevant requirements during inspection. The yacht management regulations of China SAR only require yachts above 150GT, and yachts with more than 60 people and strange shapes must apply for inspection. The inspection content is mainly safety equipment. New Zealand does not inspect yachts. It is not difficult to see that the leniency of yacht inspection is the embodiment of the management policies of yacht industry in various countries. The items and degree of yacht inspection should adapt to the national conditions and also depend on the management policies of various countries on yachts. China's yacht inspection management legislation should also be based on national conditions. The yacht industry in China is still in its infancy, and its manufacture and use are not mature enough. At present, yacht inspection management should not be too loose, so as not to affect the safety of yacht itself and the public. At the same time, it should not be too harsh, so as not to affect the healthy development of the yacht industry. Therefore, the "Regulations" include two aspects in yacht inspection. First, the yacht should be inspected by the ship inspection agency in accordance with the yacht inspection laws and regulations approved or recognized by the Ministry of Transport, and can only be used after obtaining the corresponding ship inspection certificate; Second, the yacht should apply for additional inspection. About yacht registration. Different countries or regions adopt different attitudes towards yacht registration. Some need to register, others don't. Even if registration is required, a yacht inspection certificate is generally not required. In Hong Kong, ship registration and license application can be carried out separately. Obtaining a license is a statutory requirement: ships, whether commercial or non-commercial, need to obtain a license as long as they operate in Hong Kong waters instead of temporarily berthing in Hong Kong, but only individuals or Hong Kong companies holding Hong Kong identity cards can apply. The procedure of applying for a license is relatively simple. Just fill in the "Application for Pleasure Vessel License" and provide the general situation of the ship, such as captain, color, manufacturer's name, etc., without providing technical proof. For special yachts, that is, yachts with more than 150GT and more than 60 passengers and strange shapes, you must apply for inspection before issuing certificates. Ship registration is voluntary: ships whose ownership is confirmed by registration can sail under the Hong Kong flag, and at the same time, they have the nature of property rights certificates, and there are no restrictions on registration applicants. In New Zealand, the government does not require yacht registration. The new yacht should have a safety certificate issued by the Coast Guard and the Shipbuilding Industry Association. The so-called safety certificate is essentially equivalent to the product quality certificate when the yacht leaves the factory. Usually yacht owners will join a yacht club and consciously go to the Coast Guard or find a surveyor to regularly inspect yachts and their equipment. China's yacht registration adopts a management system basically equivalent to that of merchant ships. Management of yacht operators: different countries have different requirements for yacht operators. After the promulgation of Canada 1999 "Regulations on Competency Management of Yacht Operators", all new yacht operators must pass the examination and obtain certificates. The training, examination and certification of Canadian yacht operators are conducted by training institutions. Training institutions should pass the quality management system certification, and evaluate their teaching, examination and certification process. In Hong Kong, yacht operators are trained by institutions recognized by the Hong Kong Marine Department. Relevant personnel can take exams organized by training institutions or the Marine Department. After passing the examination, you can apply to the Marine Department for issuing a yacht captain (engineer) certificate. The New Zealand Maritime Safety Administration does not legally require an operator certificate, but only requires one person on board to perform the duties of captain and have good rowing skills. Britain classifies the positions of yacht operators according to the size of ships. Yachts with a crew quota of 12 or more are regarded as passenger ships and are required to be manned as merchant ships. For yachts with a crew quota of less than 12 and a length of more than 24 meters and more than 80GT and less than 3000GT, the deck department and the engine department shall be equipped with personnel respectively according to the relevant legal requirements; There is no mandatory requirement for the manning of ships less than 24 meters or 80 gross tons. The regulations impose a strict management system on yacht operators. On the one hand, yacht operators are not professional crew members, so they don't need to be registered and managed according to the provisions of the crew regulations, and only need to obtain an operation certificate (similar to the competency certificate in crew management). On the other hand, yacht operators should receive training and examination, and get the yacht operator certificate before boarding. In training and examination subjects, it is different from operating ships, especially it is not necessary to master the requirements of cargo stowage. Management of yacht club: Yacht club is the main organization to implement independent management of yacht industry. How to manage yacht clubs directly affects the water traffic safety of yachts. The regulations stipulate the following aspects: first, yacht clubs should have legal personality, have certain safety and pollution prevention capabilities, and report to the maritime administrative agency for the record; Secondly, the yacht owners and their yacht clubs have made it clear that the yacht club is responsible for the daily safety management and maintenance of the yacht to ensure that the yacht is in a good safety and technical state. Third, apart from the responsibility of daily safety management and maintenance of yachts, yacht clubs and yacht owners can clearly define their responsibilities through consultation, and yacht clubs must undertake the following responsibilities and obligations: to publicize, train and educate yacht operators and crew on yacht safety, environmental pollution prevention and emergency response knowledge; Supervise yacht operators and crew members to abide by the provisions on water traffic safety and pollution prevention, and implement corresponding measures; Ensure the safety of yachts moored in waters or berthing points; Check the certificates of yachts and yacht operators to ensure that yachts and yacht operators have corresponding valid certificates; Providing information services for yachts such as meteorological and hydrological conditions required for navigation and navigation notices (warnings) issued by maritime administrative agencies; In case of adverse navigation conditions such as bad weather conditions or the maritime administrative agency warning that navigation is prohibited, the yacht shall stop sailing and notify the yacht that has sailed to return; Master every voyage, return trip and crew of the yacht, and make records for future reference; Keep smooth communication with yachts and maritime administrative agencies; According to the emergency plan filed by the maritime administrative agency, organize internal management emergency drills and yacht members to participate in emergency drills on a regular basis.