Exemption for sailing vessel 'Tenacious'.

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A decision made (21/05/2008) regarding: Exemption for sailing vessel 'Tenacious'.

Decision Reference: MD-E-2008- 0104
Decision Summary Title :	Exemption for sailing vessel ‘Tenacious’		Date of Decision Summary:	16 May 2008
Decision Summary Author:	Assistant Harbourmaster P Lawrence		Decision Summary: Public or Exempt? (State clauses from Code of Practice booklet)	Public
Type of Report: Oral or Written?	Written		Person Giving Oral Report:	N/a
Written Report Title :	Exemption certificate For vessel ‘Tenacious’		Date of Written Report:	16 May 2008
Written Report Author:	Assistant Harbourmaster P Lawrence		Written Report : Public or Exempt? (State clauses from Code of Practice booklet)	Public
Subject: Permission for the Jubilee Sailing Trust vessel ‘Tenacious’ to carry more than 12 passengers in Jersey waters.
Decision(s): The Minister granted an exemption to the Jubilee Sailing Trust vessel ‘Tenacious’, exempting them from the requirements under the Shipping (Survey and Certification) (No 2) (Jersey) Order 2005 article 22(1); in accordance with powers conferred by article 2(3) of the same order. This exemption would allow for the vessel to sail on voyages/excursions with more than twelve passengers onboard, within Jersey Territorial waters without a class VI passenger ship certificate.
Reason(s) for Decision: The vessel ‘Tenacious’ is in the Island promoting their charity and providing an opportunity for local Jersey people to experience life on a sailing ship. During the vessel’s stay in the Island the Trust would like to take a group of people out for an excursion along with some local press. The vessel is registered as a cargo vessel which limits the number of passengers they can carry to twelve. The vessel, which is registered in the UK, obtains exemption certification from the MCA allowing them under strict conditions to carry a total of up to 80 people onboard (passengers and crew). However, as the vessel would like to carry more than twelve passengers on an excursion around Jersey they would need an exemption certificate from States of Jersey Authorities, exempting them from the requirements, to be surveyed and certificated as a passenger vessel.
Resource Implications: None
Action required: The Minister to sign the attached Exemption Certificate, and direct the Harbour Master to inspect the vessel’s certification upon its arrival in Jersey. Subject to all the necessary SOLAS certification being in place for the vessel, the Harbour Master will provide the vessel with the attached certificate.
Signature:		Position: Minister - Economic Development
Date Signed:		Date of Decision (If different from Date Signed):

Exemption for sailing vessel 'Tenacious'.

EXEMPTION CERTIFICATE

Issued under the authority of the

States of Jersey Minister for Economic Development

The Minister in exercise of statutory powers

hereby grants an exemption in accordance with the following details.

PARTICULARS OF SHIP

Name of Ship			TENACIOUS
Port of Registry			SOUTHAMPTON
Official No.	903529	Gross Tonnage		586	IMO No	1005679	UK Class	XI

POWERS CONFERRED BY

The Shipping (Survey and Certification) (No2) (Jersey) Order 2005 as amended
Article	2(3)	Shipping (Jersey) Law 2002

PARTICULARS OF EXEMPTION

The above named ship is exempted from Regulation 22 (1) of the Merchant Shipping (Survey and Certification) Regulations 1995 as they are applied to Jersey by the Shipping (Survey and Certification) (No2) (Jersey) Order 2005

The survey and certification requirements (applicable to a class VI Passenger Ship) before proceeding on a voyage or excursion on the 30th May 2008 subject to the conditions as defined below.

Conditions or terms, on which this exemption is granted

This exemption is issued for the purpose of an excursion on the 30th May 2008 provided:

All SOLAS Certification remains valid for the voyage/excursion:
Regular VHF contact is maintained with Jersey Coastguard:
The total number of persons on board during the voyage/excursion shall not to exceed 80:
There is sufficient lifesaving appliances on board for all persons onboard:
A list of persons who will be on board during the voyage/excursion shall be retained ashore by Jubilee Sailing Trust in accordance with their procedures for passenger counting:
The plying limits of the voyage/excursion will be with in the territorial waters of Jersey:
The voyage/excursion should be undertaken in favourable weather (fine, settled weather with a sea such as to cause only moderate rolling and or pitching):
Voyage/excursion to be carried out during daylight hours only:
There is on board at all times during the voyage/excursion a General Pilot for Jersey to advise the master on the safe navigation of the vessel:

This exemption will remain in valid unless otherwise altered, cancelled or revoked until 31st May 2008

Place. St Helier Jersey Signed

Date. Name

States of Jersey - Minister for Economic Development