IMO revisions hit yachts with lifeboats, armed security, SOLAS


July 5, 2011

The International Maritime Organization’s Maritime Safety Committee (MSC) completed a packed agenda when it met at its London headquarters in May. 

Topics included the development of interim guidance on the employment of privately contracted armed security personnel on board ships transiting the high-risk piracy area, the adoption of amendments to the International Convention for the Safety of Life at Sea (SOLAS) concerning lifeboat release hooks, an agreement on the way forward with regard to the implementation of the Torremolinos Protocol on fishing vessel safety, and the approval of a number of draft resolutions for submission to the next IMO Assembly in November.

While the majority of topics affect commercial merchant ships, several will be implemented on yachts.

1. Retroactive Upgrade of Lifeboat On‐load Release and Retrieval Systems

The committee adopted a set of revisions to SOLAS Chapter III and the Life Saving Appliance (LSA) Code that impact the certification of -- and may require the replacement of -- lifeboat release and retrieval systems. 

These amendments, together with guidelines developed for their implementation, require the administration (or recognized organization) to carry out a design review to check that the type of existing lifeboat release and retrieval systems complies with certain revisions of the LSA Code and to witness the specified performance test. 

These two tasks should be completed no later than July 1, 2013. Systems not complying with the additional safety provisions of the LSA Code need to be replaced with “compliant” equipment by the first scheduled out‐of‐water dry‐docking carried out on/after July 1, 2014, but not later than July 1, 2019. 

Systems can only be “replaced” by an original equipment manufacturer (OEM) or OEM licensee, whereas “modifications” may be carried out by others, such as service suppliers. Fall preventer devices are recommended to be fitted on systems that are not “compliant” until such time as the system is modified and/or replaced. 

For yachts, the on-load release system used for rescue boats falls within this new regulation.

2. Use of Armed Security Personnel

Notwithstanding that the IMO does not endorse the use of privately contracted armed security personnel onboard, the committee recognized the continued and increased threat to commercial shipping by Somalia‐based pirates and that this has led to the use of armed guards offering maritime security services for vessels transiting the high risk areas. 

Considering the difficulties to identify reliable and professional services, the absence of regulation as well as the complex legal requirements governing the legitimate transport, carriage, and use of firearms, the committee issued guidelines for ship owners on the use of armed security personnel. 

In addition to considering if the flag state has imposed any laws and regulations on the use of private security companies, the guidelines recommend that the ship owner carry out a risk assessment. 

Proposals were requested to be submitted to MSC 90 concerning guidelines on port state and coastal state issues concerning embarkation and disembarkation of armed security personnel. In response to the release of these guidelines, technical bulletins for the carriage of armed personnel were issued by various ship registries. Copies are available for download at their Web sites.

3. Development of the Draft Code for Recognized Organizations

The MSC will be invited to provide further guidance to the Flag-State Implementation Sub-Committee on the development of the proposed new code for Recognized Organizations (ROs). 

This new code will provide a consolidated instrument containing criteria against which recognized organizations are assessed and authorized/recognized. It will also provide guidance for subsequent monitoring of ROs by administrations. 

Recognized Organizations are those companies, such as classification societies, that are authorized by flag states to carry out surveys and issue certificates on their behalf.

4. Draft Assembly Resolutions Approved

The MSC approved several other new regulations that will affect yachts:

• the draft revised recommendations for entering enclosed spaces aboard ships;

• draft amendments to the International Convention on Load Lines (LL), 1966, to shift the Winter Seasonal Zone off the southern tip of Africa further southward by 50 miles;

• the draft IMO/World Meteorological Organization (WMO) Worldwide Met-ocean information and warning service guidance document;

• the draft revised procedures for Port State Control, 2011;

• the draft revised survey guidelines under the Harmonized System of Survey and Certification, 2011; and

• the IMO User Guide to SOLAS chapter XI-2 and the ISPS Code.

Many of the draft resolutions are expected to be approved at its next meeting in November.