On 4th December, 2013 Captain Chad Murray, the Bailiwick of Guernsey Harbour Master and Registrar of British Ships, wrote to the representatives of every commercial yacht registered at Guernsey to advise of the implications of the implementation of the Maritime Labour Convention, 2006 (MLC) on 20th August, 2013.
Guernsey is able to accept commercially registered yachts up to a maximum of 24 metres loadline length (under ITC69) provided that they comply fully with the Code of Practice for the Safety of Small Commercial Vessels and relevant manning requirements issued by the United Kingdom's Maritime & Coastguard Agency (MCA).
Oceanskies has since received several queries from owners and their local representatives seeking guidance on attaining and demonstrating compliance. In short, compliance is required in two areas, vessel and crew and each is dealt with below:
N.B. It should be noted that the MLC applies to all commercial yachts regardless of their port of registry and therefore the below mentioned compliance areas are relevant to commercially operated yachts registered in other jurisdictions.
The vessels must comply with MCA Merchant Shipping Notice MGN 490 (M) and the various associated notices. Compliance is evidenced through the possession of a valid Small Commercial Vessel Certificate (“SCV certificate”).
The SCV certificate will be obtained or renewed on the basis of a successful inspection by the relevant certifying authority surveyor who is now also required to take into account all additional requirements of MLC.
Oceanskies, through Support4yachts.com (www.support4yachts.com), has developed an online checklist with full guidance notes on the additional requirements of MLC for captains to enable them and their crew to identify any deficiencies prior to any survey to ensure that the survey is successful and avoid the need and time-consuming and costly repeat visits by the surveyor.
All crew on board, if not employed by the vessel owner, must be employed by an MLC compliant employment business.
Compliance is evidenced through the possession of a Statement of Compliance by the employer, who, by virtue of possessing such a certificate should comply with all the requirements of MLC in connection with the employment of crew. The SCV certificate will be obtained or renewed on the basis of a successful inspection by the relevant certifying authority surveyor. The States of Guernsey will issue their own certificates in due course. Oceanskies Crew (www.oceanskiescrew.com) has been issued with a Statement of Compliance by Lloyd’s Register and is able to offer MLC compliant crew employment services to third parties. This enables owners, managers and their representatives to outsource the employment of crew on-board their yachts.
For more information, please do not hesitate to contact Adrian Ogier here at Oceanskies on 07781 116110 or [email protected].
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