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Yacht safety management regulations, in order to regulate the yacht safety management, guarantee the safety of life and property on the water, prevent the yacht from polluting the water environment, and promote the healthy development of the yacht industry, it is formulated in accordance with the laws and administrative regulations for the safety management of water traffic and the prevention of pollution of the water environment by ships. Effective from January 1, 2009.

Regulations for Yacht Safety Management

Yacht safety management regulations, in order to regulate the yacht safety management, guarantee the safety of life and property on the water, prevent the yacht from polluting the water environment, and promote the healthy development of the yacht industry, it is formulated in accordance with the laws and administrative regulations for the safety management of water traffic and the prevention of pollution of the water environment by ships. Effective from January 1, 2009.
Chinese name
Regulations for Yacht Safety Management
Transit time
July 8, 2008
Implementation time
January 1, 2009
release time
July 22, 2008
Chapter I General Provisions
First
In order to regulate the safety management of yachts, ensure the safety of life and property on the water, prevent the yacht from polluting the water environment, and promote the healthy development of the yacht industry, these regulations are formulated in accordance with the laws and administrative regulations for the safety management of water traffic and the prevention and control of pollution of the water environment by ships.
Article 2
in
Assistant Commissioner Ye Hongjun of the Maritime Bureau of the Ministry of Transport interprets the Regulations on Yacht Safety Management
The Ministry of Transport issued the Regulations on the Safety Management of Yachts (hereinafter referred to as the "Regulations"), which came into effect on January 1, 2009. In order to facilitate the public to better understand the relevant content of the measures, the reporter interviewed assistant Ye Hongjun, director of the Maritime Bureau of the Ministry of Transport.
  • Background of the "Provisions":
The yacht industry has a huge market share in the world. The annual global economic income of yachts exceeds 50 billion US dollars. In developed countries, there is an average of one yacht for every 171 people. Norway, New Zealand and other places have one for every eight people. Professionals believe that when the per capita GDP of the region reaches 5,000 US dollars, the yacht economy has begun to sprout, which also confirms the development of China's yacht industry.
According to statistics, there are currently more than 200 yacht manufacturing companies in China, with more than 30 companies with output values exceeding 10 million. These companies are mainly concentrated in Shenzhen, Shanghai, Qingdao, Tianjin, Xiamen, Zhuhai and other cities. There are more than 100 yachts along the coast, mainly concentrated in Qingdao, Shenzhen and other places. As an emerging industry, the yachting industry is highly valued by many local leaders, and they have high hopes for the development of the yachting industry and regard her as a city brand. Liaoning, Hebei, Shandong, Jiangsu, Shanghai, Zhejiang, Fujian, Guangdong, Hainan and other coastal and inland water tourism resources are abundant and the economy is relatively developed in the provinces and cities. The yacht industry has developed, including Shenzhen, Shanghai, Qingdao, Rizhao and other places. Faster development. Due to factors such as the 2008 Olympic Sailing and World Sailing in Qingdao and Rizhao, the yachting industry has developed rapidly. Shenzhen is adjacent to Hong Kong, and the four seasons are like spring. The development of the yacht industry has unique natural conditions. Shanghai speeds up the development of the yachting economy and wants to build Fengxian District into a yachting city. Compared with an average of one yacht per 171 people in developed countries, there is still huge room for improvement in the per capita share of yachts in China. It can be predicted that with the further development of the economy and the gradual change of people's life concepts, the yachting industry will develop rapidly in China.
At present, the regulations on water traffic safety supervision in China are mainly formulated for operating ships, and many regulations are not applicable to yacht safety supervision. In order to meet the needs of social development, serve the economic construction, and promote the healthy development of the yacht industry, it is urgent to formulate registration, inspection, sailing rules and training of yacht drivers, examinations, and operation modes of yacht clubs according to the characteristics of the yacht. Content management system.
  • Principles of Yacht Safety Regulation and Legislation:
As a private, non-operational leisure vessel, the yacht is mainly used for sightseeing, leisure and entertainment, and business reception. It has its own characteristics, pursues personalization in the construction style, and does not participate in public transportation. If it is fully applied The management philosophy of operating ships to manage yachts will hinder their healthy development.
Yachts are different from operating ships. In addition to complying with international collision avoidance rules, other international maritime conventions, such as the International Convention on the Safety of Life at Sea, and the International Convention on Standards for the Training, Certification and Watchkeeping of Seafarers, are not applicable to it. Therefore, there is a lack of internationally consistent standards and norms. In the registration and inspection system, some countries do not need inspection, some require inspection but do not need registration, and even some do not need registration and inspection at all; in terms of equipment requirements for yacht drivers, some are led by the competent authority for training, Examinations and certifications are sometimes entirely undertaken by industry associations. The requirements and practices of different countries are different, but the common point is to implement looser management. Therefore, on the one hand, the management of yachts must be based on China's national conditions. Under the current maritime laws and regulations, the management experience of developed regions in foreign countries should be used for reference. In addition to strictly observing the rules of navigation, the registration and inspection procedures for yachts should be simplified. Yacht drivers cannot register and manage in accordance with the requirements of the "Crew Regulations", do not implement the system of ship visas, safety inspections and safe manning, and establish a relaxed legal environment conducive to the healthy development of yachts.
Combined with foreign yacht management experience, to review the status of yacht management in China, yacht safety supervision and legislation adhere to the following principles:
(1) The combination of ensuring the safety of yachts and promoting the healthy development of the yacht industry;
(2) Taking into account the yacht's own safety and public safety;
(3) Implementing a special management system conducive to ensuring the safety of yachts;
(4) The combination of maritime management agency supervision, independent management of yacht owners and industry self-regulation.
  • The definition of yacht and the scope of application of the Regulations:
It is important to be clear about the meaning of a yacht. During the drafting of the Regulations, we studied the definition of yachts in Canada, New Zealand, Hong Kong Special Administrative Region and other countries or regions. Canadian shipping regulations state that a yacht is a boat used for personal entertainment and not for commercial purposes. Relevant laws in New Zealand stipulate that a yacht refers to a ship that is used solely for the entertainment of the owner or as the residence of the owner and is not used for chartering or remuneration. The Hong Kong Merchant Shipping (Yacht) Regulations stipulate that a yacht is a small ferry, private yacht, inflatable boat, Chinese sailing boat, western Chinese sailing boat, or other vessel that meets the following conditions: 1. Equipped or carrying an engine, or designed to be fitted With or equipped with an engine so that the ship can only be propelled by mechanical equipment; 2. owned or used solely for pleasure; 3. not leased for rent or compensation (leased out according to the terms of the charter agreement and charter purchase agreement) Except those).
Combining with the definition of yachts in relevant countries or regions, the Regulations define yachts as: "The" yachts "as mentioned in these Regulations means that the yacht owners themselves have mechanical propulsion power for sightseeing, leisure and other activities. Installation of ship ". Taking into account all the yachts provided by the yacht club to members, yacht users are used for sightseeing, leisure and other non-profit activities, which are also referred to as "yachts" in the Measures.
During the drafting of the Regulations, there was a view that the yacht should be defined in a range of less than 20 meters in length and a crew size of less than 12 people. Anything beyond this range should be managed as a commercial passenger ship. Because yachts are less lax than commercial passenger ships in terms of safety management such as inspection, registration, visas, and manning, the adoption of this restrictive measure is beneficial to prevent mass deaths and injuries. However, most yacht owners, yacht manufacturers, sellers and some competent authorities have expressed different opinions on this restriction, because the direct consequence of this is that everyone will not produce and buy yachts longer than the specified length, resulting in Small and medium-sized developments are inconsistent with the original intention of the legislation to promote the healthy development of the yachting industry. At the same time, considering that yachts with a crew of more than 12 people can easily lead to mass deaths and injuries, the Regulations stipulate that "yachts with a crew of more than 12 people shall be subject to safety supervision and management according to passenger ships".
  • Inspection and registration of yachts:
As a non-conventional ship, the yacht does not specifically address its unified safety and pollution prevention requirements, and its inspection management is regulated by the domestic laws of each country. Some countries and regions have strict regulations on yacht management, such as the European Union and the United Kingdom. Some countries and regions have more relaxed yacht management, such as Canada, New Zealand and Hong Kong.
In the European Union, the 2003/44 / EC directive was issued in 2003, requiring that yachts that are manufactured locally or imported into the EU (mainly for ships manufactured or entered the EU after 1998) have a length between 2.5 and 24 meters. Its design and construction must meet the requirements of the directive. The CE mark has been tested for compliance with the directive standards. In the United Kingdom, the introduction of its "Large Yachts Law" requires new large yachts to consider how to comply with the law from the design stage. For built yachts, the requirements of the law must also be met through modification.
In Canada, yachts, as a type of boat, are mainly regulated by the Boat Regulations, and other regulations such as the Collision Act and the Transportation Act are also covered. Articles 3, 4, 5, and 6 of the Boat Regulations require yachts to be equipped with life-saving, safety, and navigation equipment. Inspection of these devices is not mandatory. Yacht owners can apply for inspection voluntarily, and they can be qualified and labeled. The standard has no legal effect, and can only prove that the safety equipment of the ship complied with the relevant requirements during the inspection. Yacht regulations in Hong Kong Special Administrative Region of China only require more than 150GT. Yachts carrying more than 60 passengers and weird shapes must apply for inspection. The inspection content is mainly safety equipment. New Zealand does not inspect yachts.
It is not difficult to see that the leniency of yacht inspection is the embodiment of the national yacht industry management policy. The items and degree of yacht inspection should be in line with national conditions and also depend on the yacht management policy of each country.
China's yacht inspection management legislation should also be based on national conditions. China's yachting industry is still in its infancy. Whether it is yacht manufacturing or in use is not mature enough. At this stage, the inspection and management of yachts should not be too loose, so as not to affect the yacht itself and public safety. At the same time, it should not be too harsh, so as not to affect the health of the yacht industry. development of. Therefore, the "Regulations" includes two aspects of yacht inspection. One is that the yacht should be inspected by the ship inspection agency in accordance with the rules and regulations for yacht inspection approved or recognized by the Ministry of Transport, and the corresponding ship inspection certificate should be obtained before use. The second is that the yacht should apply for additional inspections.
Regarding registration of yachts. Different countries or regions take different attitudes towards the registration of yachts, some require registration, some do not require registration, and even if registration is required, yacht inspection certificates are generally not required. Ship registration and licence application in Hong Kong can be carried out separately. Obtaining a license is a statutory requirement: Regardless of whether it is a business or non-business ship, you need to obtain a license as long as you are active in Hong Kong waters instead of temporarily visiting the port, but only individuals with Hong Kong identity cards or Hong Kong companies can apply. The procedure for applying for a license is relatively simple. You only need to fill in the "Pleasure Vessel License Application Form" and provide the ship's profile such as the captain, color, and manufacturer's name, without the need to provide technical certification. For special yachts, that is, 150 GT or more, yachts with more than 60 passengers and weird shapes must apply for inspection before issuing a license. Vessel registration is voluntary: a ship whose ownership is confirmed by registration can sail under the Hong Kong flag, and at the same time has the nature of proof of property rights. There are no restrictions on applicants for registration. In New Zealand, the government does not require registration of a yacht. A new yacht should have a safety certificate issued by Coastguard and the Shipbuilding Industry Association. The so-called safety certificate is essentially equivalent to the product quality certificate when the yacht leaves the factory. Yacht owners usually participate in a yacht club and consciously visit Coastguard or find a surveyor to conduct regular inspections of the yacht and its equipment.
China's registration of yachts adopts a management system that is basically equivalent to merchant ships.
  • Management of yacht operators:
Different countries have different requirements for yacht operators.
After the Canadian "Yacht Operator Competence Management Regulations" was promulgated in 1999, all new yacht operators must pass the examination to obtain a certificate. Canadian yacht operator training exams and certifications are conducted by training institutions. The training institution shall be certified by the quality management system, and evaluate its teaching, examination and certification process. In Hong Kong, yacht operators are trained by an agency accredited by the Hong Kong Marine Department. Relevant personnel can participate in the examinations organized by the training organization or the examinations organized by the Marine Department. After passing the examination, they can apply to the Marine Department to issue certificate". The New Zealand Maritime Authority has not set a requirement for operator certification practices, and only requires one person on board to perform the role of master and have a good ship craft. The United Kingdom has classified yacht operator positions by ship size. Yachts with a quorum of more than 12 people are considered passenger ships and require crewing according to merchant ships. Yachts with a crew size of less than 12 persons, if the length is more than 24 meters and less than 80 GT and less than 3000 GT, personnel in the deck department and the engine department are required according to relevant legal requirements; there is no mandatory requirement on manning for ships less than 24 meters or 80 GT .
The Regulations impose a stricter management system on yacht operators. On the one hand, yacht operators are not professional crew members, and do not need to be registered and managed in accordance with the provisions of the Crew Regulations. They only need to obtain an operation certificate (similar to the certificate of competency in crew management). On the other hand, yacht operators should receive training and examinations and obtain yacht operator certificates before they can get on board. In terms of training and examination subjects, it is different from operating ships, especially it does not require mastering cargo stowage and other requirements.
  • Yacht Club Management:
The yacht club is the main organization that implements independent management of the yacht industry. How the management of the yacht club directly affects the safety of yacht water traffic. The Regulations provide for the following aspects. First, the yacht club should be qualified as a legal person, have certain safety and pollution prevention capabilities, and be reported to the maritime administration. The agreement clearly defines the yacht club's daily safety management and maintenance responsibility for the yacht, ensuring that the yacht is in a good safety and technical state; third, in addition to the daily safety management and maintenance responsibility of the yacht, the yacht club can negotiate with the yacht owner to determine the responsibilities , The following responsibilities and obligations must be borne by the yacht club: publicize, train and educate yacht operators and crew on yacht safety, knowledge of pollution prevention and environmental protection, and emergency response; urge yacht operators and crew to comply with water traffic safety and pollution control management Stipulate and implement corresponding measures; ensure the safety of yachts in berthing waters or berths; check the licenses of yachts and yacht operators, and ensure that sailing yachts and yacht operators have corresponding valid certificates; provide the yacht with the weather required for navigation Hydrology Information services such as navigation reports (police) issued by the maritime management agency; in the case of unsuitable sailing conditions such as severe weather conditions, or warnings that the maritime management agency prohibits sailing, the yacht should be stopped from sailing and the sailing yacht should be notified to return; Grasp each voyage, return voyage of the yacht, and crew conditions, and keep records for reference; maintain smooth communication with the yacht and maritime management agency; regularly organize internal management emergency drills and yachts in accordance with the emergency plan filed with the maritime management agency Emergency drills attended by members. [1]

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