Common use of Table 4 Clause in Contracts

Table 4. What At Sea Categoris xx Xxxxxx Other inland waters Comments All passenger ships >12 passengers (“passenger ship”) MCA / MAIB MCA / MAIB MCA / MAIB All ships carrying more than 12 passengers, whether fee paying or otherwise, must be certified by the MCA. Commercial vessels <24m length and commercial vessels >24m length other than passenger ships MCA / MAIB MCA / MAIB / INA MCA / MAIB Class IX(A) and IX(A)(T) applies to ships which don’t go to sea, so covers both categorised and other inland waters. Commercial Fishing vessels MCA / MAIB MCA / MAIB MCA / MAIB The application of merchant shipping legislation to fishing vessels is based on the requirement for DEFRA licensing of commercial fishing rather than where the vessel is operating (i.e. if the activity is defined as commercial fishing for DEFRA’s purposes, and needs a license, the MS legislation applies). Merchant shipping legislation applies to FVs on any voyage. Crown owned and operated vessels (MoD, HMRC, etc.) HSE / MCA / MAIB HSE / MCA / MAIB HSE / MCA / MAIB The Merchant Shipping Act 1995 does not generally apply to Crown vessels, as a matter of policy vessels contracted by the Crown are required to be voluntarily certified as approp. to their activity, length and area of operations. HSE regulations do apply to Crown vessels. What At Sea Categoris xx Xxxxxx Other inland waters Comments Local Authority owned and operated craft (Police, Fire, etc.) MCA / MAIB MCA / MAIB / INA MCA / MAIB These are straight-forward commercial vessels. Craft hired on a bareboat basis for public leisure use MCA / MAIB LA / INA / National Governing Body / MAIB / HSE LA / MAIB / National Governing Body / HSE Seagoing vessels as for seagoing commercial vessels. Hire boat code for inland waters is industry best practice. We would expect LA or INA to enforce it if they chose to use it. Technically, as Class IX(A) vessels, MCA would have some residual responsibility. Commercial adventurous training MCA / MAIB / AALA MCA / MAIB / INA / AALA MCA / MAIB / AALA Generally, these are straightforward commercial vessels. But see description role of AALA below. of Adventurous activity training provided by voluntary organisations NGB / LA / MAIB NGB / LA / MAIB NGB / LA / MAIB Voluntary organisations such as Scouts, Guides, Sea Cadets etc. undertaking adventurous activity training do not fall under AALA, but the vessels are treated as “commercial” operations as they do not meet the definition of “pleasure vessels”. Vessels used by school groups etc. undertaking such activities might come under this definition, as would private sailing clubs etc. Privately owned pleasure vessels MCA / MAIB MCA / MAIB MCA / MAIB Pleasure vessels are subject to some Merchant Shipping legislation, each case is considered on its own merits. The MAIB can investigate accidents involving privately owned leisure craft, but will only do so where there are widely applicable safety issues. Notes associated with Table 4:

Table 4. What At Sea Categoris xx Xxxxxx Other inland waters Comments All passenger ships >12 passengers (“passenger ship”) MCA / MAIB MCA / MAIB MCA / MAIB All ships carrying more than 12 passengers, whether fee paying or otherwise, must be certified by the MCA. Commercial vessels <24m length and commercial vessels >24m length other than passenger ships MCA / MAIB MCA / MAIB / INA MCA / MAIB Class IX(A) and IX(A)(T) applies to ships which don’t go to sea, so covers both categorised Categorised and other inland waters. Commercial Fishing vessels MCA / MAIB MCA / MAIB MCA / MAIB The application of merchant shipping legislation to fishing vessels is based on the requirement for DEFRA licensing of commercial fishing rather than where the vessel is operating (i.e. if the activity is defined as commercial fishing for DEFRA’s purposes, and needs a licenselicence, the MS legislation applies). Merchant shipping legislation applies to FVs on any voyage. Crown owned and operated vessels (MoD, HMRC, etc.) HSE / MCA / MAIB HSE / MCA / MAIB HSE / MCA / MAIB The Merchant Shipping Act 1995 does not generally apply to Crown vessels, as a matter of policy vessels contracted by the Crown are required to be voluntarily certified as approp. to their activity, length and area of operations. HSE regulations do apply to Crown vessels. What At Sea Categoris xx Xxxxxx Other inland waters Comments Local Authority owned and operated craft (Police, Fire, etc.) MCA / MAIB MCA / MAIB / INA MCA / MAIB These are straight-forward commercial vessels. Craft hired on a bareboat basis for public leisure use MCA / MAIB LA / INA / National Governing Body / MAIB / HSE LA / MAIB / National Governing Body / HSE Seagoing vessels as for seagoing commercial vessels. Hire boat code for inland waters is industry best practice. We would expect LA or INA to enforce it if they chose to use it. Technically, as Class IX(A) vessels, MCA would have some residual responsibility. Commercial adventurous training MCA / MAIB / AALA MCA / MAIB / INA / AALA MCA / MAIB / AALA Generally, these are straightforward commercial vessels. But see description of role of AALA below. of Adventurous activity training provided by voluntary organisations NGB / LA / MAIB NGB / LA / MAIB NGB / LA / MAIB Voluntary organisations such as Scouts, Guides, Sea Cadets etc. undertaking adventurous activity training do not fall under AALA, but the vessels are treated as “commercial” operations as they do not meet the definition of “pleasure vessels”. Vessels used by school groups etc. undertaking such activities might come under this definition, as would private sailing clubs etc. Privately owned pleasure vessels MCA / MAIB MCA / MAIB MCA / MAIB Pleasure vessels are subject to some Merchant Shipping legislation, each case is considered on its own merits. The MAIB can investigate accidents involving privately owned leisure craft, but will only do so where there are widely applicable safety issues. Notes associated with Table 4:

Table 4. What At Sea Categoris xx Xxxxxx Other inland waters Comments All passenger ships >12 passengers (“passenger ship”) MCA / MAIB MCA / MAIB MCA / MAIB All ships carrying more than 12 passengers, whether fee paying or otherwise, must be certified by the MCA. Commercial vessels <24m length and commercial vessels >24m length other than passenger ships MCA / MAIB MCA / MAIB / INA MCA / MAIB Class IX(A) and IX(A)(T) applies to ships which don’t go to sea, so covers both categorised and other inland waters. Commercial Fishing vessels MCA / MAIB MCA / MAIB MCA / MAIB The application of merchant shipping legislation to fishing vessels is based on the requirement for DEFRA licensing of commercial fishing rather than where the vessel is operating (i.e. if the activity is defined as commercial fishing for DEFRA’s purposes, and needs a license, the MS legislation applies). Merchant shipping legislation applies to FVs on any voyage. Crown owned and operated vessels (MoD, HMRC, etc.) HSE / MCA / MAIB HSE / MCA / MAIB HSE / MCA / MAIB The Merchant Shipping Act 1995 Xxx 0000 and operated MCA MCA MCA / does not generally apply to vessels (MoD, / / MAIB Crown vessels, as a matter of HMRC, etc.) MAIB MAIB policy vessels contracted by the Crown are required to be voluntarily certified as approp. to their activity, length and area of operations. HSE regulations do apply to Crown vessels. What At Sea Categoris xx Xxxxxx Other inland waters Comments Local Authority MCA / MCA / MCA / These are straight-forward owned and MAIB MAIB / XXX XXXX commercial vessels. operated craft (Police, Fire, etc.) MCA / MAIB MCA / MAIB / INA MCA / MAIB These are straight-forward commercial vessels. Craft hired on a bareboat basis for public leisure use MCA / MAIB LA / INA / National Governing Body / MAIB / HSE LA / MAIB / National Governing Body / HSE Seagoing vessels as for seagoing commercial vessels. Hire boat code for inland waters is industry best practice. We would expect LA or INA to enforce it if they chose to use it. Technically, as Class IX(A) vessels, MCA would have some residual responsibility. Commercial adventurous training MCA / MAIB / AALA MCA / MAIB / INA / AALA MCA / MAIB / AALA Generally, these are adventurous MAIB / MAIB / XXX XXXX / straightforward commercial training AALA / AALA AALA vessels. But see description of role of AALA below. of Adventurous activity training provided by voluntary organisations NGB / LA / MAIB NGB / LA / MAIB NGB / LA / MAIB Voluntary organisations such as Scouts, Guides, Sea Cadets etc. undertaking adventurous activity training do not fall under AALA, but the vessels are treated as “commercial” operations as they do not meet the definition of “pleasure vessels”. Vessels used by school groups etc. undertaking such activities might come under this definition, as would private sailing clubs etc. Privately owned pleasure vessels MCA / MAIB MCA / MAIB MCA / MAIB Pleasure vessels are subject to some Merchant Shipping legislation, each case is considered on its own merits. The MAIB can investigate accidents involving privately owned leisure craft, but will only do so where there are widely applicable safety issues. Notes associated with Table 4:

Table 4. What At Sea Categoris xx Xxxxxx Other inland waters Comments All passenger ships >12 passengers (“passenger ship”) MCA / MAIB MCA / MAIB MCA / MAIB All ships carrying more than 12 passengers, whether fee paying or otherwise, must be certified by the MCA. Commercial vessels <24m length and commercial vessels >24m length other than passenger ships MCA / MAIB MCA / MAIB / INA MCA / MAIB Class IX(A) and IX(A)(T) applies to ships which don’t go to sea, so covers both categorised and other inland waters. Commercial Fishing vessels MCA / MAIB MCA / MAIB MCA / MAIB The application of merchant shipping legislation to fishing vessels is based on the requirement for DEFRA licensing of commercial fishing rather than where the vessel is operating (i.e. if the activity is defined as commercial fishing for DEFRA’s purposes, and needs a license, the MS legislation applies). Merchant shipping legislation applies to FVs on any voyage. Crown owned and operated vessels (MoD, HMRC, etc.) HSE / MCA / MAIB HSE / MCA / MAIB HSE / MCA / MAIB The Merchant Shipping Act 1995 and operated MCA MCA MCA / does not generally apply to vessels (MoD, / / MAIB Crown vessels, as a matter of HMRC, etc.) MAIB MAIB policy vessels contracted by the Crown are required to be voluntarily certified as approp. to their activity, length and area of operations. HSE regulations do apply to Crown vessels. What At Sea Categoris xx Xxxxxx Other inland waters Comments Local Authority MCA / MCA / MCA / These are straight-forward owned and MAIB MAIB / XXX XXXX commercial vessels. operated craft (Police, Fire, etc.) MCA / MAIB MCA / MAIB / INA MCA / MAIB These are straight-forward commercial vessels. Craft hired on a bareboat basis for public leisure use MCA / MAIB LA / INA / National Governing Body / MAIB / HSE LA / MAIB / National Governing Body / HSE Seagoing vessels as for seagoing commercial vessels. Hire boat code for inland waters is industry best practice. We would expect LA or INA to enforce it if they chose to use it. Technically, as Class IX(A) vessels, MCA would have some residual responsibility. Commercial adventurous training MCA / MAIB / AALA MCA / MAIB / INA / AALA MCA / MAIB / AALA Generally, these are adventurous MAIB / MAIB / XXX XXXX / straightforward commercial training AALA / AALA AALA vessels. But see description of role of AALA below. of Adventurous activity training provided by voluntary organisations NGB / LA / MAIB NGB / LA / MAIB NGB / LA / MAIB Voluntary organisations such as Scouts, Guides, Sea Cadets etc. undertaking adventurous activity training do not fall under AALA, but the vessels are treated as “commercial” operations as they do not meet the definition of “pleasure vessels”. Vessels used by school groups etc. undertaking such activities might come under this definition, as would private sailing clubs etc. Privately owned pleasure vessels MCA / MAIB MCA / MAIB MCA / MAIB Pleasure vessels are subject to some Merchant Shipping legislation, each case is considered on its own merits. The MAIB can investigate accidents involving privately owned leisure craft, but will only do so where there are widely applicable safety issues. Notes associated with Table 4: