Application

3

Application

3.1 General

This Code applies to a motor or sailing yacht of 24 meters in load line length and over or, if built before 21 July 1968, which is of 150 tons gross tonnage and over and which, at the time, is a commercial yacht which is used for pleasure and carries no cargo and no more than 12 passengers on a voyage or excursion.

This Code applies to commercial yachts, monohull as well as multihull, which are used for pleasure, being pleasure vessels "engaged in trade" for the purpose of Article 5 – Exceptions - of the International Convention on Load Lines, 1966 (ICll), which are 24 meters in load line length and over or, if built before 21 July 1968, 150 gross tons and over according to the tonnage measurement regulations applying at that date and which do not carry cargo and do not carry more than 12 passengers.

This Code only applies to commercial yachts of less than 500 GT. However, it may be applied to private yachts. The owners of private yachts are hereby encouraged to conform to the standards of this Code as far as practicable and reasonable so as to ensure their safe operation.

This Code applies to commercial yachts as defined herein which are registered at DMRI.

Any provision of this Code expressed in the conditional (i.e. "should") shall be a requirement.

3.2 Area of Operation

In general, requirements given within this Code are based on unrestricted geographical operation unless specifically stated otherwise.

3.3 Equivalent Standards, Exemptions and Existing Vessels

Proposals for the application of alternative standards considered to be at least equivalent to the requirements of this Code should be submitted to the Administration for approval. Equivalence may be achieved by incorporating increased requirements to balance deficiencies and thereby achieve the overall safety standard. Equivalence may take into

account other Codes already approved by the Administration.

3.4 Exemptions

Exemptions are granted only by the Administration. Applications for exemption should be made to the Administration and be supported by justification for the exemption. For example, owners may apply for exemption(s) based on material factors such as restricted geographical operation e.g. to enclosed seas or lakes. The granting of exemptions will be limited by the extent to which international conventions allow and should be regarded as exceptional.

3.5 Existing yachts

In the case of an existing yacht which does not comply fully with the Code safety standards but for which the Code standards are reasonable and practicable, the Administration will give consideration to a proposal from the owner(s)/operator/manager(s) to phase in requirements within an agreed time scale not exceeding 24 months. When an existing yacht does not meet the Code standard for a particular feature and it can be demonstrated that compliance is neither reasonable nor practicable, proposals for alternative arrangements should be submitted to the Administration for approval. In considering individual cases, the Administration should take into account the yacht's service history and any other factors which are deemed to be relevant to the standard which can be achieved. Generally, repairs, alterations and refurbishments should comply with the standards applicable to a new yacht.

3.6 Effective Date

This Code is effective as of 1st June 2008.

3.7 Responsibility

It is the responsibility of the owner, operator or manager to ensure that a yacht to which this Code applies is maintained, surveyed and operated in compliance therewith.

3.8 Interpretation

Where a question of interpretation of any part of this Code arises which cannot be resolved by a delegated authority and the owner(s)/operator(s)/manager(s) for a yacht, a decision on the interpretation may be obtained on written application to the Administration.

3.9

Updating the Code

The requirements of this Code will be reviewed and, if necessary revised, by the Administration as it is deemed appropriate. All interested parties will be informed of any changes by DMRI. Questions, comments and observations should be addressed to DMRI.

PART B –

DMRI'S TECHNICAL STANDARDS

The majority of the technical requirements in this Part B reflect those of the U.K.'s Large Commercial Yacht Code (L Y2).