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 Helping You Successfully Navigate the Regulatory Shoals The new MCA and ISM regulations and safety rules pose a number of critical issues for our clients, including being aware of and compliant with numerous rules and regulations. Churchill Yacht Partners can guide you through these legalistic shoals and assist you in gaining the required certifications, including: MCA Compliance Briefly, MCA compliance relates to the structure of the yacht, its stability, fire fighting and safety equipment and crew requirements: what some have termed the vessel's "hardware." In order to ensure compliance, your yacht must undergo annual surveys by the flag administration and class society. As long as the various certificates are up to date, the yacht will continue to be MCA compliant regardless of who owns the vessel. The MCA (the UK Maritime and Coastguard Agency) is the flag administration for the UK and they formulate all regulations applicable to all UK and Red Ensign Group flagged vessels. Please note that the MCA large yacht code has been adopted by other flag administrations, including the Bahamas and Antigua, so one may encounter these regulations on cruises to the Caribbean. ISM Compliance Likewise, ISM compliance concerns the yacht's "software." Consisting of a documented set of procedures known as a Safety Management System or SMS, these regulations guarantee that the yacht's machinery and equipment are maintained in accordance with flag and class requirements, and also that the crew are properly trained and qualified. The SMS also consists of procedures for reporting accidents, non-conformities and internal audits: The thought being that the system regulates itself and is committed to continuous improvement. As opposed to MCA compliance, in which the yacht itself is certified, ISM certification corresponds to the management system and management company. Should an ISM vessel be sold, and the management company changes, the yacht will require re-certification for ISM, i.e., as soon as the management of the yacht changes, the existing ISM certificate becomes invalid. When a yacht has demonstrated that it complies with the requirements of the ISM code, it is issued a Safety Management Certificate (SMC). In order to receive a SMC, the yacht must have a documented Safety Management System (SMS) on board that has been in consistent operation for at least three months. The SMS must have been approved by the yacht's flag administration and a Document of Compliance (DOC) issued to the management company. We can help you navigate through these demanding processes and procedures to become ISM and MCA compliant and can develop and operate a SMS for your yacht. Sarah Robbins, our Management Specialist oversees MCA and Lloyds compliance for S/Y Whisper, the Showboat Sailing Yacht of the Year under 40 meters, and looks forward to answering your questions and inquiries. |
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