21 March 2025

by Adam James

The Maritime and Coastguard Agency (MCA) has launched a post-implementation review (PIR) of the Merchant Shipping (Maritime Labour Convention) (Hours of Work) Regulations 2018.

As part of this review, shipowners, operators, and managers of UK-flagged vessels and those operating in UK territorial waters are invited to provide feedback on the impact of these regulations.

The MCA is required to conduct regular assessments of statutory instruments to evaluate whether their objectives have been achieved and if they remain appropriate. The review will consider any unintended consequences of the regulations and compare the UK’s approach with that of other countries. Additionally, it will explore whether compliance could be achieved through less burdensome regulatory provisions.

A questionnaire has been issued to stakeholders, covering key provisions such as minimum hours of rest, record-keeping, shore leave entitlements, and emergency exceptions. Respondents are asked to provide detailed feedback on any benefits, challenges, or additional costs incurred due to compliance. The agency is particularly interested in hearing about how the regulations have affected operational efficiency, staffing requirements, and scheduling within the maritime industry.

Miss Sophie Peacey, Living and Working Conditions Manager at the MCA, emphasized the importance of industry input: “This review is a crucial opportunity for the maritime sector to provide feedback on how these regulations impact daily operations. We encourage all relevant stakeholders to share their experiences so that we can ensure the rules remain effective and proportionate.”

The findings of the review will help shape future policy and potential regulatory adjustments.

For more information, visit www.gov.uk/mca.

The full set of questions can be found below, but British Marine Members are also asked to send any comments or feedback to Technical@britishmarine.co.uk

Questions

1. Overall, have the Merchant Shipping (Maritime Labour Convention) (Hours of Work) Regulations 2018 had any impact on you, your work or your business area of operations, and if so, has the impact been beneficial or detrimental?
2. Have you had to employ any additional staff in order to comply with the regulations? If so, in what capacity? Please provide an estimate of the cost of this employment per year.
3. Have there been any other effects on your operations – e.g. timetabling, seasonal operations? If you can attribute these effects to any particular requirement (rather than the cumulative impact of all) please include your answer against the relevant questions below;
4. Do you have any issues to note or comments regarding Regulation 6: Minimum hours of rest? Please give your reasons.
5. Under Regulation 7: Authorised exceptions to minimum hours of rest, the MCA may authorise collective agreements or workforce agreements detailing exceptions to minimum hours of rest. Do you feel that the authorised exception process is enabling the flexibility for operations as intended and if not why not, with suggestions on what changes should be considered?
6. Do you have any issues to note or comments regarding Regulation 9 and 10 covering the requirement to posting up a table of work/rest hours? Please give your reasons.
7. How frequently is Regulation 11: Exception in emergencies is used in general operations? Please outline the practicalities faced in meeting this provision.
8. Do you have any issues to note or comments regarding Regulation 12 and 13 covering the records of hours of work and rest? Please give your reasons.
9. Do you have any issues to note or comments regarding Regulation 15, 16 and 17 covering entitlement to annual leave and shore leave. Please give your reasons.
10. Does MSN 1877 Amendment 2 provide the clarity and guidance to the regulations needed? And if not, please could you outline how and for which regulation/s there could be improvement.

 

Please respond by 11 April 2025 to mlc@mcga.gov.uk