The purpose of this guide is to provide information concerning the flag state rules applicable to British registered yachts that are operated for private pleasure use.
The United Kingdom’s Maritime & Coastguard Agency (MCA) have published a very helpful Marine Guidance Note to provide an overview of the Merchant Shipping legislation that applies to pleasure yachts, including the rules relating to certification and manning requirements.
The MCA are an Executive Agency of the UK Government’s Department for Transport holding responsibility and accountability for UK merchant shipping regulations and their enforcement.
The guidance note is titled ‘Pleasure Vessels – Guidance and Applicable UK Regulations’ and is published as Marine Guidance Note (MGN) 538.
A copy of MGN 538 can be accessed at the following link:
Although the regulations apply specifically to UK registered pleasure yachts wherever they may be operating and also to non UK registered pleasure yachts operating in UK waters we would recommend that the rules are considered as best practice guidance by all yacht owners sailing under the red ensign.
The guidance notes begin with a helpful short form definition of what constitutes a pleasure vessel by stating, ‘Pleasure vessels are vessels used for sport or recreational purposes and do not operate for financial gain’. A more extensive legal definition is then provided with an extract from the relevant merchant shipping regulation.
It should be noted that Marine Guidance Notes are issued by the MCA to provide advice and guidance relating to the improvement of the safety of shipping and of life at sea and to prevent or minimise pollution from shipping. Whilst Marine Guidance Notes provide guidance on the applicable laws they should not be regarded as definitive as the way that the law might apply to a particular case can vary according to circumstance and consideration should also be given to any local legal or safety obligations relevant to the area of vessel operation.
For further information or guidance please do not hesitate to contact us.