| (1) | The owner of a vessel must ensure that the vessel is operated by or under the constant guidance of a skipper who is physically able and of sound mental health and who, in the case of— |
| (a) | a commercial vessel; or |
| (b) | a pleasure vessel that is either a sailing vessel of nine metres or more in overall length or a power-driven vessel with propulsion power exceeding 15 horsepower, |
holds, subject to regulation 18(2), a valid certificate of competence issued by a certifying authority: Provided that a certificate of competence need not be held for 12 months after the commencement of these regulations in respect of—
| (i) | any kind vessel for which a certificate of competence was not required immediately before the commencement of these regulations; or |
| (ii) | any vessel operating on inland waters. |
[Regulation 14(1) substituted by regulation 15 of Notice No. R. 731 dated 11 July 2008]
| (a) | The owner must, in addition to meeting the requirements of subregulation (1), ensure that the vessel is otherwise sufficiently and efficiently manned. |
| (b) | For the purposes of paragraph (a), a commercial vessel is taken to be sufficiently and efficiently manned if, in the opinion of the Authority, it has a crew of competent persons to enable it to go to sea or be otherwise operated with due regard to the requirements of these regulations and any other safety provisions that may be applicable to the vessel. |
| (c) | In general when determining the adequacy of the crew in accordance with this subregulation, the following must be taken into account: |
| (i) | the complement normally carried by similar vessels engaged on similar voyages or operations; |
| (ii) | the complement that the vessel in question has recently carried on previous voyages or operations; |
| (iii) | the nature of the service for which the vessel is intended; and |
| (iv) | any other appropriate considerations. |
| (3) | The owner of a commercial vessel going to sea must, in addition to meeting the requirements of subregulations (1) and (2), ensure that— |
| (a) | the skipper and every crew member on the vessel hold documentary evidence of having successfully completed approved safety induction training; |
| (b) | documentation and data relevant to the skipper and every crew member on the vessel are maintained and readily available for inspection, including documentation and data in respect of their employment, experience, training, medical fitness and competency in assigned duties; |
| (c) | the skipper and every crew member, on being assigned to the vessel, are familiarised with their specific duties and with all vessel arrangements, installations, equipment, procedures and vessel characteristics that are relevant to their routine and emergency duties; and |
| (d) | the vessel's crew can effectively co-ordinate their activities in an emergency situation and in performing functions vital to safety or to the prevention or mitigation of pollution. |
