On the 10th of May 2022 the Merchant Shipping Directorate within Transport Malta released its second commercial yachting notice pursuant to which it informed the yachting industry of its Commercial Yachts Extended Range Tender Guidelines (the “Guidelines”), issued on the same day.
Applicability
The Guidelines shall be read in conjunction with the requirements of the Malta Commercial Yacht Code (the “CYC”) and will be applicable only to Malta flag commercial yacht tenders which:
- are equal to or less than twenty-four metres (24m) length of hull; and
- are designed as an appurtenance; and
- fall under the registration certificate of the mother yacht.
The Guidelines clarify that extended range tenders which are also designated as the yacht’s rescue boat must meet the CYC rescue boat requirements. The rescue boat/ tender is to operate only up to six (6) nautical miles from the mother yacht and is to be stowed onboard the mother yacht. In the event of any conflict between the Guidelines and the CYC rescue boat requirements, it is the stricter requirements which shall always prevail. Extended range tenders shall be engaged solely and exclusively in the business of the mother yacht.
The Guidelines shall be applicable from the 1st June 2022 and existing extended range tenders shall comply with the Guidelines by not later than the mother yacht’s first periodical survey on or after the 1st June 2022.
Tender Design Categories and Equipment Requirements
The Guidelines list four design categories of tenders classified in terms of the tender’s capability to withstand wind force and significant wave height
The Guidelines also establish the minimum equipment required onboard extended range tenders depending on the operational distance from the mother yacht. These technical requirements must be met at all times.
Requirements and Insurance
The Guidelines lay down various requirements with respect to extended range tenders which must be applied in conjunction with the requirements set out in Article 22 of the CYC. Across the requirements laid down by the Guidelines they outline that extended range tenders are to be adequately and safely manned without jeopardizing the safe manning of the mother yacht. Further still, crew onboard the extended range tender shall, at least, hold a valid nautical licence, be adequately experienced and trained. The tender shall never carry more than twelve (12) passengers and it shall never exceed the maximum number of persons shown on the CE builder’s plate for designed category B or A tenders.
Extended range tenders shall be certified in accordance with the EU Recreational Craft Directive (2013/53/EU) to a minimum of design category B and such CE Certified tenders must be issued with a builder’s declaration of conformity. The Guidelines state that other types of internationally recognised tender certification regimes may be accepted on a case-by-case basis.
Extended range tenders must also have adequate mooring arrangements, an anchor and anchor cable appropriate for the size of the tender. The tenders shall also be fitted with safe and strong hand holds and safe seating arrangements, however the Guidelines clarify that railing and inflatable tubes shall not be considered parts of the seating arrangements.
The Guidelines regulate that the extended range tenders shall be issued with adequate insurance coverage which should at least cover third party liabilities, the insurance may form part of the mother yacht’s insurance policy.
Surveys
The Guidelines also establish the requirements with respect to surveying extended range tenders. The extended range tenders shall be surveyed in conjunction with the mother yacht during the mother yacht’s initial/renewal survey. Tenders shall also be surveyed during the mother yacht’s intermediate survey for mother yachts having a registered length less than twenty-four metres (24m) and surveyed during the mother yacht’s 2nd and 3rd year annual survey for mother yachts having a registered length equal to or more than twenty-four metres (24m).
Existing extended range tenders shall be surveyed by the same appointed surveyor of the mother yacht and the survey may be carried out outside the mother yacht’s survey window, following which the surveys with respect to the tender are to be aligned with the mother yacht’s survey window. The outcome of the survey shall be included within the mother yacht’s survey report and the tenders are to be mentioned within the certificate of compliance of the mother yacht.
The Commercial Yacht Extended Range Tender Certificate
The Guidelines provide that upon satisfactory completion of the surveys, the attending surveyor shall issue a commercial yacht extended tender survey report using a dedicated Transport Malta report. Transport Malta will release a commercial yacht extended range tender certificate upon receiving the commercial yacht extended tender survey report together with a copy of the tender’s certification and a copy of the tender’s builder’s declaration of conformity. The certificate will be issued upon the payment of the necessary fee.
Concluding Remark
The Guidelines epitomise Malta’s proactive and sophisticated approach to ensure adequate safety and regulation of Malta’s commercial yachting fleet. The establishment of the Guidelines suits the yachting industry as it ensures that extended range tenders meet basic procedural and safety requirements set out therein, without which an extended range tender will not be issued a commercial yacht extended range tender certificate in terms of the Guidelines. Indeed, through the Guidelines the Merchant Shipping Directorate has extended its reach further in terms of establishing a flag which places regulation and safety at the forefront and thereby providing clarity and peace of mind to all industry players.
How can we help?
Should you require any further information or assistance on the matter, please do not hesitate to reach out to us personally on matthew.cassar@fenechlaw.com
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