delete Statutory Instruments Disapplied
These Regulations establish a comprehensive safety and certification regime for small workboats and pilot boats in UK waters. They set requirements for: vessel certification (workboat certificates and pilot boat certificates), mandatory surveys (compliance, annual, intermediate, renewal, and emergency), incident reporting, and enforcement through detention powers. The regime is administered by Certifying Authorities and incorporates the Workboat Code Edition 3 as the technical standard. Key provisions include survey intervals, certificate duration, grounds for certificate validity cessation, and appeal/review mechanisms.
These regulations impose substantial compliance costs on small commercial vessel operators through mandatory survey cycles (compliance, annual at 3-month intervals, intermediate at 36 months, renewal at 5 years), certification requirements, and detailed technical standards. The administrative burden and fees under the Merchant Shipping (Fees) Regulations 2018 create barriers to entry for small operators and increase costs for maritime services like pilotage. The regulations represent a compliance-first approach rather than outcome-based safety. While maritime safety is a legitimate concern, the specific requirements here are overly prescriptive and could be achieved more efficiently through industry self-regulation, insurance market incentives, or performance-based standards rather than prescriptive certification mandates. The 2023 version replaced the 1998 regulations but maintained the same regulatory philosophy, suggesting this is regulatory momentum rather than evidence-based policy.