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#1 Posted : 15 September 2006 12:19:00(UTC)
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Posted By Glyn Phillips I know that this may seem a little odd, and it is not a friday funny. The Regulatory Reform (Fire Safety) Order 2005 defines a premises and includes 'any vehicle, vessel, aircraft or hovercraft'(Article 2). However, Article 6(1)(c) disapllies the regulations to 'a ship, in respect of normal ship-board activities of a ship's crew which are carried out solely by the vrew under the direction of the master;'. I work for a competent harbour authority who use launches for transporting marine pilots to / from ships at sea - up to 15 miles off shore. I contacted the Maritime and Coastguard Acency, my own Harbour Master, and his assistants and asked what I thought was a simple question. "What is a ship". None could give me an answer. This question even threw the MCA into confusion. I have checked the Merchant Shipping Acts back to the 1800's and there does not seem to be a definition. Is there anybody out there that can either give me a definition (and source) or point me in the general direction of someone who may be able to help. Thanks, in anticipation Glyn
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#2 Posted : 15 September 2006 12:35:00(UTC)
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Posted By Paul Adams A ship has a continuous upper deck, a boat doesn't. A "Continuous Upper Deck" is defined as a continuous deck which covers either the overall length of the vessel or the length between perpendiculars (can't remember which) and is above the waterline.
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#3 Posted : 15 September 2006 12:39:00(UTC)
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Posted By Paul Adams Glyn, Sorry, you asked for a source. These are standard defintions, but we learn them a very long time ago. Try your local nautical college, Any Introduction to Nautical Science or ship structure and stability should have these definitions, also the International Rules for the Prevention of Collision at Sea as this defines different kinds of vessels to which different rules apply.
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#4 Posted : 15 September 2006 12:59:00(UTC)
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Posted By Tony Brunskill This is a bit of a guess but is it not true that once your Pilot takes control of the vessel it is no longer in the control of its "Master" and therefore the regulations would apply. The Port Marine Safety Code would probably apply to the operations of getting the pilots to and from the vessels. May also be worth researching the providence of the regulations as the Act may include exceptions for "sea going vessels".
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#5 Posted : 15 September 2006 13:42:00(UTC)
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Posted By Paul Adams Tony, The pilot doesn't legally take control of the vessel. In practical terms he does, but the Master retains command and responsibility in law. He is expected to overide the pilot's guidance at any time he feels the pilot is placing the ship into danger.
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#6 Posted : 15 September 2006 13:47:00(UTC)
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Posted By Sarah O'Brien Hi Glyn We must be in the same business, had the same problems also Marine Reps raised similar problem regarding the vibration and noise regs, do they apply to the pilot launches? is the pilot a passenger or is he crew? Even the HSE couldn't answer and the MCA just said that regarding enforcement the HSE would take precedent so contact them !!!
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#7 Posted : 15 September 2006 13:50:00(UTC)
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Posted By Glyn Phillips Tony / Paul, Thanks for the advice. When a pilot boards a ship and undertakes the pilotage act, he is responsible for the 'conduct' of the ship i.e. navigation. The master of the ship always retains command (control), the pilot only acts with the masters permission. The Pilotage Act 1987, Article 6(1)states "Ships regularly employed in pilotage services provided by or on behalf of any competent harbour authority (in this Act refered to as 'Pilot Boats')...." This seems to suggest that pilot boats are ships by this very statement. Whilst I appreciate your replies, I am no closer to a definition. Maybe I will try Greenwich Maritime Museum or try and contact Lloyds registar of shiping. Thanks for the input. Enjoy the weekend.
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#8 Posted : 15 September 2006 13:53:00(UTC)
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Posted By Glyn Phillips Sarah, we may be in the same line of work. If you contact me 'off line' we may have other issues in common that we might help each other with. Regards Glyn
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#9 Posted : 15 September 2006 13:58:00(UTC)
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Posted By Paul Adams Glyn, Yes, every Pilot Boat I have seen (Except in certain 3rd world ports) is in fact a ship as it does have an upper deck above the water line. Thinking on this, for cargo vessels, the Plimsoll line is measured from the upper deck for freeboard, Therefore, maritime regs on loadlines may be the place to look?
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#10 Posted : 15 September 2006 17:40:00(UTC)
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Posted By Merv Newman Totally out of my expertise, but I always understood that a "boat" could be loaded onto and transported by a "ship" so a "pilot boat" could carry a pilot to a "ship" where he/she would become a "passenger" advising and under the command of the captain. Perhaps size does count after all. Merv
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#11 Posted : 15 September 2006 22:42:00(UTC)
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Posted By Tony Brunskill Well, I said it was a guess and I guessed wrong. Thaks for the update. T
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#12 Posted : 17 September 2006 09:59:00(UTC)
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Posted By Chris Packham Just to confuse the issue! A "ship" was originally a sailing vessel with a minimum of three masts, square rigged on all masts. This is why most modern vessels, even supertankers, are usually classified as MV (i.e. motor vessels).
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#13 Posted : 19 September 2006 02:26:00(UTC)
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Posted By B Smart Hi Glyn, To answer the question "When is a ship not a ship?" I would have to point you in the direction of the Inland Revenue. As an offshore worker working on a Semi-Submerciable Oil Rig I was once considered a Seafarer for Tax Reasons. The reason for this is some oil rigs which can "move on their own power" were considered to be ships (Believe it or not). However from 1998 Gordon Brown (yes that man again) decided that we were no longer seafarers. As a worker on an oil rig I can get my semans book stamped by the Captain (just thought i'd let you know that we have seamans discharge books and a captain to help you understand how some rigs may be considered as being ships in the past) For further information on what is a ship and what isn't check out http://www.hmrc.gov.uk/m...ls/eimanual/EIM33104.htm Good luck B. Smart
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#14 Posted : 20 September 2006 12:38:00(UTC)
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Posted By Glyn Phillips I would like to thank all of those who responded to my seemingly simple query. Over the course of the last few weeks, whilst researching this subject, some things have become clearer to me. 1 / Whilst most people can give you a definition of a ship / boat / vessel / craft etc. they tend to be based on historical or plain wrong info (however amusing some of them are) 2 / There is no legal definition of a 'ship'. I have spoken to various people, organisations and government departments, none of which can help with this query. I have been in contact with the Legal Director at Lloyds Register of Shipping who was most helpful. However, he states that there is no legal definition of ‘ship’ as opposed to vessel, craft or boat. The dictionary definitions of 'ship', 'boat' and 'vessel' are interchangeable. Blacks Legal Dictionary, the pre-eminent legal dictionary, cross references ships, boats and vessels. He also states, that as far as he is aware there is no case law that has decided this issue. This leaves me with somewhat of a problem. Article 2, RRFSO, defines a premises, to which the Order applies as (a) any workplace; (b) any vehicle, vessel, aircraft or hovercraft;. Yet Article 6 specifically excludes ‘a ship’ from the order. If, in a legal sense, a ship, boat or vessel are in fact the same thing, you cannot include one but exclude another as this makes the text of the Order contradictory. I have been advised to write to the government department that drafted the order and point out this apparent error to them and ask that they clarify the definitions or redraft the legislation. (laughs out load as he types). Somehow I don’t think this will work. Does anybody out in the ether have a view from a legal perspective on my comments, above? Glyn
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#15 Posted : 20 September 2006 13:10:00(UTC)
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Posted By andymak Our Fire and Rescue service state that a ship ceases to be a ship when it is permamently moored and used for a purpose other than that for which it was orginally designed. For example if it permamently moored on a riverside and used as a restaurant, nightclub, casino, hotel, prison, or offices, it ceases to be a ship and as far as the RRO is concerned is subject to the same critearia as other premises used for that same purpose. I hope this helps.
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#16 Posted : 20 September 2006 14:08:00(UTC)
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Posted By Dave Wilson When its a submarine! Ships (skimmers) are targets!
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#17 Posted : 20 September 2006 14:29:00(UTC)
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Posted By Martin J Morley Taking a different tack, I found that our local fire and rescue service had included the information below in their Safety Plan. All dock areas, ports and associated facilities are currently seen as being within the Brigade’s statutory responsibility with calls for assistance being raised via the Harbour Authority. For incidents that occur at sea, calls for assistance will be directed by the coordinating Coastguard centre. FRSC 35-2004 (Fire and Rescue Service Circular 35-2004 gives the following guidance regarding firefighting and rescue operations at sea. It gives guidance for the following 3 areas: i The categorisation of waters ii The two specific areas of operational assessment iii The five operational response levels i Categorisation of waters The MCA recognises four categories of water in addition to those waters, which are regarded as “sea”, these being defined as follows: Category A - waters are defined as “narrow rivers and canals”. Category B - “wider rivers and canals” Category C - “tidal rivers and estuaries and large, deep lakes and lochs Category D - “tidal rivers and estuaries where a more significant wave height is expected”. All waters in Category D and seaward will be classified as being ‘at sea’. All coastal Fire Authorities have a clear responsibility to assess the areas of water that they will fully respond to and declare these to the MCA and relevant Port and Harbour Authorities. The first area identified as 'inshore' will include waters up to and including Category C and will be the responsibility of the Fire Authority. Whilst not actually tackling the question you asked, which does not seem to have been resolved, I hope this helps clarify the practical aspects of the potential problem. martin
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#18 Posted : 20 September 2006 20:31:00(UTC)
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Posted By Adrian Watson The best source of law on this are the admiralty courts and words and phrases judicially defined. Like you I looked at the merchant shipping acts and lo and behold no joy. I suspect that this is a matter of fact and not law. Regards Adrian Watson
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#19 Posted : 20 September 2006 20:40:00(UTC)
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Posted By Paul Adams Dave, A submarine is a boat because it does not have a continuous upper deck that remains above the waterline. From your local friendly skimmer.
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#20 Posted : 20 September 2006 20:52:00(UTC)
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Posted By shaun mckeever I'm with you Dave, 'Daisy' is a target!
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#21 Posted : 21 September 2006 12:24:00(UTC)
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Posted By Dave Wilson Splice the mainbrace me hearty! and heave too on that starboard sheet you scoundreels!
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#22 Posted : 21 September 2006 12:47:00(UTC)
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Posted By Paul Adams Dave/Shaun, I can only conclude that you both glow in the dark and have pale complexions and know Helensbrough intimately ;-)
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#23 Posted : 21 September 2006 15:27:00(UTC)
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Posted By Arran Linton - Smith Although it looks like a dockyard to me, I understand that the Navy technically regard HMS Vernon as a ship!
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#24 Posted : 21 September 2006 15:47:00(UTC)
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Posted By Philby' Ship, to send, dispatch, convey, transport is it a bit like 'to hoover' and has slipped into common usage many moons ago? In some languages translations for vehicles that transport things are literally 'landships' Juggernauts come from the Indian word for war machines, largely big charriots that convey troops and weapons or as weapons, they are also used to convey effegies of Gods on festivals... it may be that ships also entered the psyche from some long forgoten root Philby'
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#25 Posted : 21 September 2006 15:53:00(UTC)
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Posted By Philby' Sorry, got caught up in the 'explinations for the english language' debate My seafaring Uncle, actually an electronic systems engineer for a shipbuilding concern, states that 'ships transport miscelaneous things', everything else is 'specific or descriptive'...eg. destroyer, battleship, liner, cruiser, tanker, unterwasserboat, ferry, tender etc etc Philby'
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#26 Posted : 21 September 2006 16:18:00(UTC)
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Posted By Chas For the purposes of PUWER the term 'ship' has the same meaning as that assigned to it by section 313(1) of the Merchant Shipping Act 1995. Does anyone have a copy to hand.
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#27 Posted : 21 September 2006 16:35:00(UTC)
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Posted By Arran Linton - Smith Chas, Try, http://www.opsi.gov.uk/A.../Ukpga_19950021_en_1.htm Worth going to sleep on!
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#28 Posted : 21 September 2006 16:43:00(UTC)
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Posted By Arran Linton - Smith Chas, Try, http://www.opsi.gov.uk/A.../Ukpga_19950021_en_1.htm Worth going to sleep on!
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#29 Posted : 21 September 2006 16:51:00(UTC)
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Posted By Dave Wilson All RN Shore etsasblshments are ships and they are female!
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#30 Posted : 21 September 2006 17:39:00(UTC)
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Posted By Arran Linton - Smith Wikipedia describes a ship as: large, sea-going watercraft. A ship usually has sufficient size to carry its own boats, such as lifeboats, dinghies, or runabouts. A rule of thumb saying (though it doesn't always apply) goes: "a boat can fit on a ship, but a ship can't fit on a boat". Consequently submarines are referred to as "boats", because early submarines were small enough to be carried aboard a ship in transit to distant waters. I hope this does help ease some of the confusion!
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#31 Posted : 22 September 2006 12:43:00(UTC)
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Posted By Glyn Phillips Thanks once more for the input from all. It is correct to say that the term ‘ship’ has the meaning assigned to it in the Merchant Shipping Act 1995. However, that definition is ‘“ship” includes every description of vessel used in navigation’. This would imply that all ships are vessels but not all vessels are ships. Back to my original question – what is the difference. Most dictionaries define ‘navigation’ as ‘the act of directing a ship, aircraft, etc. from one place to another, or the science of finding a way from one place to another’. Is the difference then, that a ship must be engaged in an act of ‘navigation’ or that it must be ‘navigating’. This would mean that a ship discharging its cargo alongside a wharf or quay would not be a ship but a vessel. Only when it leaves the quay and starts ‘navigating’ does it become a ship. Also small pleasure craft navigate between point A and B, does this make them ships? – Discuss. I have managed to get hold of the name and contact details of the Fire Safety Reform Policy Officer at the Department for Communities and Local Government if any body else wants to raise questions about the new fire safety order. E-mail me and I will send his details. Regards Glyn
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#32 Posted : 22 September 2006 13:13:00(UTC)
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Posted By Philby' Glyn, a navigation is also a stretch of navigable water, as in the 'aire and calder' navigation Philby'
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#33 Posted : 23 September 2006 18:59:00(UTC)
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Posted By DJ Glyn, If I recall correctly section 313 of the Merchant Shipping Act 1995 states that unless the context requires otherwise, a 'ship' includes every description of vessel used in navigation. Whether a vessel comes within that meaning of a ship depends on the facts of each case. To be a ship, a vessel must be used in navigable waters, either inland or at sea and, although she must be constructed for navigation, it is not necessary to the definition that she should be able to navigate under her own power. The presence of a rudder and the manning of the vessel with a crew are important as showing that a vessel is a ship, but the absence of either does not mean that a vessel is not a ship. The purpose for which a vessel has been and is being used is also material when considering whether she is used in navigation. The Secretary of State may by order provide that a thing designed or adapted for use at sea is or is not to be treated as a ship. I am sure this is now as clear as mud, but I hope it helps. Regards. DJ
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