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Joined: 12/03/2009
Posts: 5
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hi matrixlloyd
My name is Shaun Williams. I’ve got over 100k nm under my belt in Offshore and Ocean sailing, and an RYA/DOT Yachtmaster Ocean Certificate. This does certify me to be a Captain of a 254 gt yacht whose Owner likes me and wants to Captain her – doesn’t it?! The yacht has a UK flag.
Cheers, Shane.
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Joined: 19/05/2008
Posts: 49
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Hi Shane.
Thanks for your question.
With an RYA Yachtmaster Ocean, you are only qualified to be a captain of a yacht with a gross tonnage of 200 or less.
As the proposed yacht only has a GT of 254, you are not qualified to work as her captain. Were you to work as such on her, this would constitute an offence, as well as invalidating all the yachts’ policies of insurance.
You’d best look elsewhere.
Kind regards.
Benjamin Maltby.
MatrixLloyd.
info@matrixlloyd.com.
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Joined: 12/03/2009
Posts: 5
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Hi Benjamin,
Thanks for your speedy reply. Great service, mate!!!!
I have spoken with the Owner and the MCA…
I hear what you say, but are you sure? The Owner says that the Yacht will only be used as a private yacht for the next year or so, so it’ll be fine. The LY2 Code says I would be eligible to work onboard given my experience as mentioned in section 26.2.7 whilst the boat is privately owned.
?????!
Cheers, Shane.
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Joined: 19/05/2008
Posts: 49
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Hi Shane.
If the yacht is to be used a private yacht, then LY2 (the Large Yacht Commercial Code) – which only applies to commercial yachts – would not apply. Using LY2 as a guide, however, 26.2.7 refers to the requirement for the owner to “…ensure that personnel required for the safe operation of the vessel have recent and relevant experience of the type and size of vessel...”.
Have a look at MSN 1802(M). It neatly summarises the UK’s Merchant Shipping (Training and Certification) Regulations 1997 SI 1997/348, as amended (in particular in this present case by The Merchant Shipping (Training, Certification and Safe Manning) (Amendment) Regulations 1997 SI 1997 / 1911), which, in turn, implements the International Convention on Standards of Training, Certification and Watchkeeping 1978, as amended, (STCW) and its associated code (STCW Code).
Look in particular at Annex A of MSN 1802(M) on p.19. It states that the yacht, with a GT of 254, requires you to be qualified as a Master 500 GT. Master 200 GT is unacceptable, whether chartered or not.
If you do not have exactly the correct certification, then: (1) You will be committing a criminal offence; (2) The owning company will be committing a criminal offence; (3) The beneficial owner will be committing a criminal offence; and (4) The yacht will face all perils while uninsured – she will be legally unseaworthy.
Unless:
(1) The UK’s Maritime & Coastguard Agency (MCA) has agreed a dispensation, in writing; and
(2) The underwriter(s) has agreed, in writing, to your being captain of the yacht, with knowledge of, and in spite of, your lack of the relevant qualification; and
(3) The relevant maritime authority of each and every state whose waters the yacht enters, agrees, in writing, to your being captain of the yacht, with knowledge of, and in spite of, your lack of the relevant qualification required pursuant to the International Convention on Standards of Training, Certification and Watchkeeping 1978, as amended, or such other local regime as may otherwise be in force.
I’m sorry if the above appears legalistic, but the letter of the law is what insurers and foreign Port State Authorities look at when considering claims and making inspections.
I’m very sorry I cannot be more positive on this occasion.
Kind regards.
Benjamin Maltby.
MatrixLloyd.
info@matrixlloyd.com.
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Joined: 12/03/2009
Posts: 5
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hi Benjamin... Fair enough… never mind. Thanks for your help! MatrixLloyd rocks. You guys really know your stuff. Cheers, Shane.
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