Maritime Transport (Class Exemption—Radiocommunication Equipment) Notice 2023
Pursuant to section 40AA(1)(b) of the Maritime Transport Act 1994, the Director of Maritime New Zealand, being satisfied of the matters set out in section 40AA(2) of that Act, gives the following notice.
This notice is the Maritime Transport (Class Exemption — Radiocommunication Equipment) Notice 2023.
This notice comes into force on 20 December 2023.
(1) In this notice, unless the context otherwise requires,—
Act means the Maritime Transport Act 1994
Rules means Maritime Rules Part 40A: Design, Construction and Equipment – Non-SOLAS Passenger Ships; Part 40C: Design, Construction and Equipment – Non-passenger Ships that are not SOLAS Ships; Part 40D: Design, Construction and Equipment – Fishing Ships; and Part 40E: Design, Construction and Equipment – Sailing Ships
(2) Any term or expression that is defined in the Act or the rules and used, but not defined, in this notice has the same meaning as in the Act or the rules.
(1) The class of person described in subclause (3) is exempted from the requirements specified in rule 40A.57(1) of the Maritime Rules, Part 40A: Design, Construction and Equipment – Non-SOLAS Passenger Ships, as set out in Appendix 5:
(2) The class of person described in subclause (3) is also exempted from the requirements specified in rule 40A.57(7) of the Maritime Rules, Part 40A: Design, Construction and Equipment – Non-SOLAS Passenger Ships.
(3) The class is every owner and master of a non-SOLAS passenger ship of less than 12 metres in length which is assigned inshore or coastal limits.
(1) The class of person described in subclause (3) is exempted from the requirements specified in rule 40C.53(1) of the Maritime Rules, Part 40C: Design, Construction and Equipment – Non-Passenger Ships that are not SOLAS Ships, as set out in Appendix 4:
(2) The class of person described in subclause (3) is also exempted from the requirements specified in rule 40C.53(7) of the Maritime Rules, Part 40C: Design, Construction and Equipment – Non-Passenger Ships that are not SOLAS Ships.
(3) The class is every owner and master of a non-passenger ship that is not a SOLAS ship of less than 12 metres in length which is assigned inshore or coastal limits.
(1) The class of person described in subclause (2) is exempted from the requirements specified in rule 40D.68(1) of the Maritime Rules, Part 40D: Design, Construction and Equipment – Fishing Ships, as set out in Appendix 3:
(2) The class is every owner and master of a fishing ship of less than 12 metres in length which is assigned enclosed, inshore, inshore fishing or coastal limits.
(1) The class of person described in subclause (2) is exempted from the requirements specified in rule 40E.52(1) of the Maritime Rules, Part 40E: Design, Construction and Equipment – Sailing Ships, as set out in Appendix 5:
(2) The class is every owner and master of a sailing ship of less than 12 metres in length which is assigned inshore or coastal limits.
(1) The exemptions in clauses 4, 5, 6 and 7 are granted subject to the conditions set out in subclause (2).
(2) The owner and the master of the ship must ensure that—
(1) The exemptions in clauses 4, 5, 6 and 7 expire on the sooner of:
Dated at Wellington this 15th day of December 2023.
KIRSTIE HEWLETT, Director, Maritime New Zealand.
Conditions for Non-SOLAS Passenger Ships, Non-Passenger Ships that are not SOLAS Ships, and Sailing Ships that proceed beyond enclosed waters but do not proceed beyond a VHF coverage area; and for fishing ships that do not proceed beyond a VHF coverage area
Item |
Conditions |
Source of electrical energy |
(1) The ship must have available at all times while it is at sea a rechargeable battery that is situated above the ship's design waterline and is capable of operating the VHF radio installation. The battery must be of sufficient capacity to supply continuously for a period of at least the applicable hours listed in table A below a total current equal to the sum of— (a) the current consumption of the VHF radio receiver; and (b) one third of the current that may be drawn by the VHF radio transmitter for speech transmission on the frequency at which the current consumption is a maximum; and (c) the current consumption of the emergency electric light, if applicable. |
Conditions for Non-SOLAS Passenger Ships, Non-Passenger Ships that are not SOLAS Ships, fishing ships, and Sailing Ships that proceed beyond a VHF coverage area
Item |
Conditions |
Source of electrical energy |
(1) The ship must have available at all times while at sea a reserve source of electrical power located above the design waterline. This must consist of rechargeable batteries of such capacity as to supply continuously for a period of period of at least the applicable hours listed in table A below a total current equal to the sum of— (a) the current required to operate the VHF radio receiver; and (b) one half of the current required to operate the VHF radio transmitter for the transmission of speech, with the transmitter operating at its full rated frequency output power; and (c) the current required to operate the MF/HF radio receiver; and (d) one half of the current required to operate the MF/HF radio transmitter for the transmission of speech with the transmitter operating at its full rated radio frequency output power; and (e) the emergency light; |
Table A
Assigned operating limit for vessel |
Duration of supply |
Enclosed Limits |
2 hours |
Inshore or Inshore Fishing Limits |
3 hours |
Coastal Limits |
6 hours |
This notice exempts a class of owner and master from compliance with specified requirements in Maritime Rules, Part 40A: Design, Construction and Equipment – Non-SOLAS Passenger Ships; Part 40C: Design, Construction and Equipment – Non-Passenger Ships that are not SOLAS Ships; Part 40D: Design, Construction and Equipment – Fishing Ships; and Part 40E: Design, Construction and Equipment – Sailing Ships, made under the Act (see section 40AA(1)(b)).
The exemption in clause 4 of this notice relates to Rules 40A.57(1) only as it relates to Appendix 5 requirements for source of electrical energy, and 40A.57(7).
The exemption in clause 5 of this notice relates to Rules 40C.53(1) only as it relates to Appendix 4 requirements for source of electrical energy, and 40C.53(7).
The exemption in clause 6 of this notice relates to Rule 40D.68(1) only as it relates to Appendix 3 requirements for source of electrical energy.
The exemption in clause 7 of this notice relates to Rules 40E.52(1) only as it relates to Appendix 5 requirements for source of electrical energy.
The Rules require a rechargeable battery, or a reserve source of electrical power, that is capable of supplying electrical power to essential services – most importantly radio installations - for a period of at least 6 hours. The intent is to ensure these essential services are operable for a sufficient period of time in an emergency to receive assistance.
In respect of the requirements specified in the above rules, the exemptions in clause 4, 5 and 7 apply to the owner and the master of a non-SOLAS passenger ship, a non-passenger ship that is not a SOLAS ship, or a sailing ship, respectively, that is:
The exemption in clause 6 applies to the owner and the master of a fishing ship that is:
These exemptions come into force on 20 December 2023 and expire on 19 December 2028 (unless sooner replaced or revoked).
The Director of Maritime New Zealand, being satisfied as to the matters set out in section 40AA of the Act, thinks it appropriate to grant the class exemption because:
The Director is further satisfied that the exemptions meet the criteria in section 40AA(2) of the Act and conditions are appropriate as:
(iii) the requirement is clearly unreasonable or inappropriate in this particular case:
Therefore granting the exemption will not significantly increase risk to safety (section 40AA(2)(d)).