Pleasure vessels and the UK Merchant Shipping Regulations
1 January 2019 brought a renewed importance for boat owners to be aware of the definition of a pleasure vessel
It has long been the case that the Merchant Shipping Regulations have defined commercial use of a vessel as any use of a vessel outside the definition of a Pleasure Vessel, but there has, in reality, been little enforcement in terms of occasional use outside the scope of the Pleasure Vessel definition.
Pleasure Vessel according to The Merchant Shipping (Vessels in Commercial Use for Sport or Pleasure) Regulations 1998 () means:-
a) any vessel which at the time it is being used is:
- in the case of a vessel wholly owned by an individual or individuals, used only for the sport or pleasure of the owner or the immediate family or friends of the owner; or
- in the case of a vessel owned by a body corporate, used only for sport or pleasure and on which the persons on board are employees or officers of the body corporate, or their immediate family or friends; and
- on a voyage or excursion which is one for which the owner does not receive money for or in connection with operating the vessel or carrying any person, other than as a contribution to the direct expenses of the operation of the vessel incurred during the voyage or excursion; or
b) any vessel wholly owned by or on behalf of a members' club formed for the purpose of sport or pleasure which, at the time it is being used, is used only for the sport or pleasure of members of that club or their immediate family, and for the use of which any charges levied are paid into club funds and applied for the general use of the club; and
c) in the case of any vessel referred to in paragraphs (a) or (b) above no other payments are made by or on behalf of users of the vessel, other than by the owner.
Whenever you are using a boat you should consider whether its use fits within this definition. If it doesn’t, and the boat isn’t ‘Certified’ in accordance with the Merchant Shipping Regulations or to an alternative Code of Practice you may be breaking the law.
If your boat is being used outside the definition of a Pleasure Vessel for any other reason e.g. charter, you need to ascertain if any action is necessary for that use to be legal under the Merchant Shipping Regulations.
