Guidance

Annex B: Aviation inspection bodies (AIB) rules

Published 25 March 2024

The following Rules are to inform AIBs of the requirements that the MCA places upon AIBs for the management and control of the inspection and certification of HLAs.  These Rules are in addition to, and do not in any way replace, the requirements of the Codes.

1. Certificate Management

1. 1.1 The AIB must:

   1. 1.1.1 ensure certificates are signed only by a person authorised by the AIB;

   2. 1.1.2 inform the MCA Large Yacht Services immediately when a certificate suspended or cancelled, stating the reasons for this withdrawal; and

   3. 1.1.3    inform the MCA Large Yacht Services when a vessel is refused HLA Certification (and the reasons for this refusal);

2. 1.2 The AIB must develop a standardised format for an application for examination, a report of inspection and certificates issued to the owner of HLA.

3. 1.3 Declarations by an exclusive inspector are to be made for the purpose of certification in accordance with the Codes.

2. Inspector Judgement and coverage  

2.1 Where the REG Yacht Code give the Aviation Inspection Body the ability to interpret equivalent standards, in cases when either the structure of the vessel or its equipment is not entirely in accordance with the Code, the exclusive inspector carrying out the examination may exercise professional judgement to permit the HLA situated on the vessel to operate, under restricted operating conditions if necessary, until the vessel, HLA and/or equipment are compliant.  The exclusive inspector should seek authorisation from the AIB Committee before allowing the vessel to operate the HLA.

2.2 The AIB will maintain sufficient global coverage to inspect landing areas on yachts located anywhere in the world.  This may be achieved through the ability to travel long distances at short notice.

3. Accuracy / Scrutineering

3.1 The AIB must establish and document a process for reviewing and scrutinising the documentation completed and submitted as evidence of compliance with the REG Yacht Code. A copy of this process must be made available to MCA External Monitoring and Assurance Branch.

3.1 Amendments and recommendations raised as part of the scrutinising process must be addressed within a reasonable timescale before a certificate can be issued.

4. Records Retained

4.1 The AIB must retain a database of the HLAs certificated under the Codes. This database must include, as a minimum:

Essential

• Vessel Name
• IMO Number
• Max Weight (cargo and passengers)
• Length Overall
• Owner Name/Managing Owner Name
• Owner Address/Managing Owner Address
• Date of Issue of HLAC and/or HLATC
• Date of Last Examination
• Date of Expiry of Certificate
• Certificate Suspension Date, where applicable
• Restrictions/Other Conditions

4.2 An electronic copy of the database must be submitted to the MCA upon request.

4.3 Hard copies of certificates must be supplied to the MCA upon request.

4.4 A file for each HLA for which a Certificate has been issued must be maintained by the AIB.

4.5 Records established to provide evidence of compliance with the examination/certification requirements of the Code must be retained on file for each HLAC or HLATC, including, but not exclusive to

• Application for inspection (for each certification cycle);
• Report for each inspection;
• HLAC and HLATC (for each certification cycle);
• Evidence of Declarations (by exclusive inspectors and/or self-declaration);
• Records of visits – for example examination reports and inspections; and
• Evidence and correspondence relating to any accidents/incidents in which the vessel and/or HLA have been involved.

4.6 Records for each HLA must be retained for a minimum of 7 (seven) years after the vessel’s certification has expired or been withdrawn.

5. Information passed to the MCA

5.1 Documents and information relating to management of the AIB or relating to specific Certificates should be made available to the MCA upon request.

5.2 The MCA will request to review files and documentation during monitoring visits and/or meetings and may request sight of a file, if necessary, in between monitoring visits. In such circumstances, the AIB will send the vessel file to the MCA as requested.

1. 5.3 The AIB shall liaise with the MCA Large Yacht Services when proposing to the owner of a United Kingdom vessel any amendments to the HLA or associated arrangements.

2. 5.4 The AIB shall inform the MCA Large Yacht Services as soon as the AIB:

   1. 5.4.1 receives a request for the inspection of a HLA on board a United Kingdom vessel or a vessel that is to be registered in the United Kingdom; or

   2. 5.4.2 suspends, withdraws, or makes any significant alteration in the operational limitations of a Certificate.      

6. Information passed to the Aviation Inspection Body

6.1 The MCA will distribute policy and MCA information publications to the AIB where necessary.

7. Changes to MCA Policy

1. 7.1 Where it is not possible to immediately make amendments to the Codes or policies relating to the Code, the MCA will:

   1. 7.1.1 communicate intended changes to the AIB in writing; and

   2. 7.1.2 document intended changes to ensure a central record of HLA policy is retained.

2. 7.2 The Aviation Inspection Body should raise any disputes with regards policy changes to MCA for discussion.  The MCA will discuss this matter with internal policy leads to ascertain an agreed decision, this may include organising a correspondence group with other AIBs.

3. 7.3 The Aviation Inspection Body must agree, and document, a process for ensuring exclusive inspectors are aware of changes to policy.

8. Liaison between MCA and the AIB

8.1 Subject to the consent of the vessel’s Flag State, the MCA shall be granted access upon request to all relevant information held by the AIB concerning any vessel with a HLA which has been assessed by the AIB which is not a United Kingdom vessel.

8.2 The AIB shall provide direct access for the MCA to relevant data and the information shall be provided free of charge (apart from hardware or telecommunication charges and any such charges should be reasonable).

8.3 If a vessel in respect of which the AIB has issued a Certificate, or for which a Certificate has been applied for from the AIB, has class withdrawn or changes class for safety reasons, the AIB shall decide whether an inspection is required or whether the Certificate should be suspended.  The MCA will be informed by the AIB if an additional inspection by the AIB is required or if the Certificate is to be suspended.

9. Information and liaison between the AIB and other bodies

9.1 In carrying out the inspection and certification functions the AIB shall co-operate with port State control officers, in particular so as to facilitate the rectification of deficiencies, associated with HLA, on vessels that are relevant to Port State Control functions and shall report to the MCA Large Yacht Services all actions taken by the AIB in the course of such co-operation.

10. Transfer of Vessel HLA Files

1. 10.1 Where an AIB takes over from another AIB for inspection and certification functions in respect of a vessel’s HLA, the AIB:

   1. 10.1.1 shall not issue a Certificate in relation to the vessel’s HLA until all overdue inspections have been satisfactorily completed, all overdue recommendations have been implemented as specified by the other organisation, and all conditions (including operating conditions and operating restrictions) to which any Certificate issued in relation to the vessel’s HLA was subject have been fulfilled;

   2. 10.1.2 shall, before issuing a Certificate in relation to the UK registered vessel’s HLA, advise the other organisation of:

      1. 10.1.2.1 the date of issue of the Certificate,

      2. 10.1.2.2 the action taken to satisfy each overdue inspection, implement each overdue recommendation, and fulfil each condition to which any Certificate issued in relation to the UK registered vessel’s HLA was subject, and

      3. 10.1.2.3 the date and location of each such action; and

      4. 10.1.2.4 shall co-operate with the other AIB in relation to inspection and           certification functions carried out in respect of the UK registered vessel’s HLA.