Download the full outcome
Detail of outcome
Attached is largely the final draft of the IPV Code and it will only see minor editorial changes between now and publication on 1st January 2019.
Detail of feedback received
Attached is the public feedback for this consultation.
1) Introducing the draft new IPV Code
The MCA has worked closely with British Marine, RYA, and the Yacht Brokers, Designers and Surveyors Association (YBDSA) to develop a new Code to allow for Pleasure Vessels to be in temporary commercial use at sea for specific purposes (explained below). This is a very positive step to provide a framework for what we know is wanted by the Pleasure Vessel sector.
2) When does the Code go live and can I have a say?
It is due for publication on 01 January 2019 but we’d like your feedback through public consultation on this and some associated MGNs between 01 August 2018 and 26 September 2018. The MCA, RYA and YBDSA will be on hand at the Southampton Boatshow to answer any specific questions about this new Code.
3) What does the IPV Code Do?
The IPV Code is split into two parts; 1) Use at sea for business purposes, and 2) Use at sea as a race support boat. In each part there are requirements for owners and requirements for operators. For Part 1, Operators are the people using the boat for their business, which are manufacturers, brokers, repairers, surveyors and in some cases owners can also be operators too. For Part 2 the Operator is the person using the Race Support Boat.
4) IPV Code - Temporary Commercial Use for Business Purposes
Part 1 of The IPV Code allows for Intended Pleasure Vessels (boats which are normally Pleasure Vessels) to be in temporary commercial use at sea on a single-voyage basis for business purposes relating to repair, post-production, post-repair or mid-survey sea trials, customer sea trials, or vessel delivery outside the definition of Pleasure Vessel. It is applicable to Intended Pleasure Vessels of any size which are United Kingdom vessels wherever they may be. It also applies to other Intended Pleasure Vessels operating from United Kingdom ports whilst in United Kingdom waters.
5) IPV Code – Temporary Commercial Use as Race Support Boat
Part 2 of the IPV Code allows for Intended Pleasure Vessels to be in temporary commercial use at sea on a single-voyage basis as a Race Support Boat for the purpose of Race Support Activities of yacht or powerboat racing affiliated to the National Governing Body of the Sport. It provides a standard for small (<8m) Intended Pleasure Vessels used for no more than ten occasions per calendar year as a Race Support Boat outside the definition of Pleasure Vessel either by the Owner or persons authorised by the Owner to do so. It is aimed at open boats such as Rigid Inflatables but does not prohibit use for small (<8m) decked vessels. Operators of Race Support Boats are advised that other Codes of Practice may be more appropriate for decked vessels.
6) What will you need to do as an Owner of a Pleasure Vessel
If you own a Pleasure Vessel (irrespective of whether it is owned by an individual or a company) then you are responsible for making sure that either all use is in accordance with the Pleasure Vessel definition or, if not, then appropriate commercial standards are met. If your Pleasure Vessel is going to be taken to sea for business purposes or as a race support boat on a temporary basis then it’s important that you study the draft new Code and have a look at the draft new MGNs. We’d really appreciate your feedback but it will also explain what requirements you need to meet.
7) What will you need to do as an Operator of a Pleasure Vessel
If you are taking a Pleasure Vessel to sea for business purposes as an owner, manufacturer, broker, repairer or, surveyor then you become an Operator in accordance with this Code of Practice. If the use is not temporary then you would need to seek further advice from the MCA but if the use is temporary (according to the IPV Code) then you can use this simple and easy to meet standard. The very basic requirement for use as an Operator is that you will need to have a safety management system in place but this need not be complicated. We would really appreciate your feedback so please do take a look at the Code and the associated MGNs before 26th September 2018. If you have any questions or concerns, please talk to the MCA, BM, YBDSA or RYA.
8) MGN to Replace MGN538
The MCA has also re-written the MGN on the regulations applicable to Pleasure Vessels. This gives a better explanation of the framework, it introduces the term “Intended Pleasure Vessel” and it includes two key new things. Firstly, we have amended the Class XII LSA Exemption for Pleasure Vessels of 13.7m in length and over to phase-out the use of ORC liferafts (this is relevant to Pleasure Vessel owners). Secondly, we have introduced a new Exemption which allows for RCD compliant vessels to not follow Class XII Regulations for certain fore protection measures (this is relevant to Pleasure Vessel manufacturers). Finally, the entire document has had a complete re-fresh and we’ve update all references and improved the flow and simplified the explanations. That being said, we’d still really appreciate your feedback so please do take a look at the draft and let us know what you think.