5 February 2025

The Merchant Shipping (Safety Standards for Passenger Ships on Domestic Voyages) (Miscellaneous Amendments) Regulations 2022, introduces requirements for older vessels to meet new damage stability requirements. The vessels affected most by these new requirements, from feedback during the consultation process, are those vessels certified as Class V and operating on Tidal Category C waters.

It was recognised from feedback during the consultation that there was a need for the Government to provide some flexibility to operators who could demonstrate that the risks to their vessels were owing to their particular area of operation. For example, owing to a small volume of traffic operating in the area the risk of collision was reduced.

Whilst risk assessments will require the acceptance of the MCA (Maritime and Coastguard Agency), it is expected that the local navigational authority will have been consulted and that they will have confirmed they are satisfied that the vessels in the area can operate without damage stability. It will not be possible for MCA surveyors to be involved in drawing up the risk assessments. 

Risk assessments are generally intended to help operators and other stakeholders understand the risks associated with specific hazards, examine the effectiveness of controls already in place and of any proposed new controls.

The risk assessment, if accepted by MCA, will form part of the vessel Safety Management System, as required by the Domestic Safety Management system (DSM) Code (MGN 536), and be retained onboard the vessel. As such, the company should review the risk assessment in line with its procedures, particularly if any of the risks or control measures change.

It is the responsibility of the operator / company to prepare the risk assessment although external bodies (consultants) may assist in the preparation and other stakeholders (such as the local navigation authority) may need to be involved. It is expected that operators take ownership of their own risk assessments. The MCA will expect to see a thorough risk assessment to underpin a request for exemption from the damage stability requirements. Owners / operators are strongly advised to submit exemption requests well in advance of when an answer is required as it will normally take some time to give the requests due consideration.

Although vessel-specific assessments must be prepared, it is recognised that much of the hazard identification is applicable to many of the vessels operating within the same stretch of water. It is recommended, as far as possible, that the hazard identification process is prepared with all stakeholders, including other local operators.

British Marine members affected by this can get more advice and guidance by contacting technical@britishmarine.co.uk

A link to the full document can be found HERE.