Legislation that applies to Jersey ships
In addition to compliance with specific laws drafted to apply to ships, a Jersey-registered ship and its crew are generally subject to Jersey criminal, civil and customary law, unless an enactment explicitly provides exemptions. This is true wherever the ship is in the world.
When in the territorial waters of another jurisdiction, then the owner and Master of the ship should also comply with that country’s law as it applies to shipping in its waters.
Legislation applying to ships in Jersey waters
Ships in Jersey waters must comply with all Jersey law. There are some exceptions where for non-maritime matters and for practical enforcement purposes, preference is given to the legislation applicable to the jurisdiction where the ship is registered (the ship’s Flag State). For example, the Restriction on Smoking (Jersey) Law 1973 does not apply to non-Jersey ships if registered elsewhere.
Jersey applies the Safety of Life at Sea Convention (SOLAS) and a number of other key international maritime conventions. Whilst the emphasis is on commercial shipping, both commercial ships and pleasure craft in a Jersey harbour may be inspected to ensure compliance.
You should be aware of the following key pieces of maritime legislation:
- Harbours (Jersey) Regulations 1962
- Shipping (Distress Signals and Prevention of Collisions) (Jersey) Order 2004
- Shipping (Employment of Young People) (Jersey) Order 2007
- Shipping (Safety of Navigation) (Jersey) Order 2009
- Shipping (MARPOL) Regulations 2012
- Harbours (Inshore Safety) (Jersey) Regulations 2012
Fishing vessel Code of Safety Practices
You need to be aware of the Jersey legislation applying to Jersey ships or ships in Jersey waters.
You should be aware of the Shipping (Safety Code – Yachts and Small Ships) (Jersey) Regulations 2013 and the associated Code of Safety Practice.
Shipping (Safety Code - Yachts and Small Ships) (Jersey) Regulations 2013 on Jersey Law website
Code of Safety Practice for yachts and small ships
Large pleasure yachts (24m or more)
Legal requirements which are additional to such essentials as SOLAS Chapter V and Collision Regulations are deliberately kept to a minimum for pleasure craft. However, ships of 24 meters or more in length have to comply with key watchkeeping, manning and qualification requirements. The owner is also required to make an annual safety equipment declaration.
Generally, compliance is expected with equivalent UK standards of survey and certification, and vessels can be inspected. If a ship is found to be dangerously unsafe on inspection it can be detained.
Manning policy manual for commercial and private yachts over 24 meters and less than 400GT
Record of safety equipment for a Jersey registered sea going pleasure vessel over 24 meters
Employing a crew
In addition to the above, you should be aware in particular of the following:
- Shipping (Training, Certification and Manning) (Jersey) Order 2004
- Shipping (Employment of Young People) (Jersey) Order 2007
- ILO and MLC compliance
ILO and MLC compliance
Small pleasure boats
Boat owners in Jersey need to be aware of the Harbours (Inshore Safety) (Jersey) Regulations 2012. These regulations are administered by Jersey Harbours. They cover how to register a boat locally and impose minimum standards in relation to speed, noise and inshore safety.
To find out more, contact Jersey Marinas.
Jersey Marinas on Ports of Jersey website
If you wish to take your boat to other ports outside Jersey and it is not on the full register, you should first obtain a Small Ships Registration Certificate.
The application of SOLAS Chapter V is also very important and the following guidance should be read.
The Small Ships Register on the Ports of Jersey website
gov.je