3                       APPLICATION AND INTERPRETATION

3.1                    Application

3.1.1                 The Code applies to a motor or sailing vessel of 24 metres in load line length and over or, if built before 21 July 1968, which is of 150 tons gross tonnage and over and which, at the time, is in commercial use for sport or pleasure and carries no cargo and up to 12 passengers. The Code only applies to vessels of less than 3000 GT. Sail training vessels are included in this application.

3.1.2                 Any provision of the Code expressed in the conditional (i.e. "should") shall be a requirement.

3.1.3                 Area of Operation

In general, requirements given within the Code are based on unrestricted geographical operation however, where considered appropriate, standards for vessels operating as Short Range Yachts have been included.

3.2                    Equivalent Standards, Exemptions and Existing Vessels

3.2.1                 Equivalent standards

                        Proposals for the application of alternative standards considered to be at least equivalent to the requirements of the Code should be submitted to the Administration for approval. Equivalence may be achieved by incorporating increased requirements to balance deficiencies and thereby achieve the overall safety standard.

3.2.2                 Exemptions

                        Exemptions should be granted only by the Administration.

                        Applications for exemption should be made to the Administration and be supported by justification for the exemption.

                        The granting of exemptions will be limited by the extent to which international conventions allow and should be regarded as exceptional.

3.2.3                 Existing vessels

3.2.3.1                         In the case of an existing vessel which does not comply fully with the Code safety standards but for which the Code standards are reasonable and practicable, the Administration should give consideration to a proposal from the owner(s)/managing agent(s) to phase in requirements within an agreed time scale not exceeding 18 months.

3.2.3.2                         When an existing vessel does not meet the Code safety standard for a particular feature and it can be demonstrated that compliance is neither reasonable nor practicable, proposals for alternative arrangements should be submitted to the Administration for approval.   In considering individual cases, the Administration should take into account the vessel's service history and any other factors which are judged to be relevant to the safety standard which can be achieved.

3.2.3.3                         Generally, repairs, alterations and refurbishments should comply with the standards applicable to a new vessel.

3.3                    Interpretation

Where a question of interpretation of any part of this Code arises which cannot be resolved by a delegated authority and the owner(s)/managing agent(s) for a vessel, a decision on the interpretation may be obtained on written application to Administration.

3.4                    Updating the Code

                        The requirements of the Code will be reviewed and, if necessary revised, by the administration in consultation with a standing committee.

•  Vessel Coded under "The Code of Practice for Safety of Large Commercial Sailing and Motor Vessels"

Vessels coded under "The Code of Practice for Safety of Large Commercial Sailing and Motor Vessels" may continue to be considered under the standards in force at the time of initial certification.