MIN 721 (M) Removal of general exemption for carriage of VDR on domestic passenger ships
Published 19 June 2025
© Crown copyright 2025
This publication is licensed under the terms of the Open Government Licence v3.0 except where otherwise stated. To view this licence, visit nationalarchives.gov.uk/doc/open-government-licence/version/3 or write to the Information Policy Team, The National Archives, Kew, London TW9 4DU, or email: psi@nationalarchives.gov.uk.
Where we have identified any third party copyright information you will need to obtain permission from the copyright holders concerned.
This publication is available at https://www.gov.uk/government/publications/min-721-m-removal-of-general-exemption-for-carriage-of-vdr-on-domestic-passenger-ships/min-721-m-removal-of-general-exemption-for-carriage-of-vdr-on-domestic-passenger-ships
1. Summary
Since 19th March 2013 the MCA has exempted UK passenger ships of European Union (EU) Class B, C and D and UK passenger ships not engaged on international voyages, Class III and VI from the requirements of SI 2002 No. 1473 - The Merchant Shipping (Safety of Navigation) Regulations 2002 implementing SOLAS Chapter V Regulation 20.1.1 to carry a Voyage Data Recorder. This General Exemption has now been removed as a result of the coming into force of the Merchant Shipping (Safety of Navigation) Regulations 2020.
2. Introduction/background
2.1 On the 19th of March 2013, the MCA issued a General exemption. This General exemption exempted UK passenger ships of European Union (EU) Class B, C and D and UK passenger ships not engaged on international voyages, Class III and VI from the requirements of SI 2002 No. 1473 - The Merchant Shipping (Safety of Navigation) Regulations 2002 implementing SOLAS Chapter V Regulation 20.1.1 to carry a Voyage Data Recorder.
2.2 Subsequently SI 2002 No. 1473 - Merchant Shipping (Safety of Navigation) Regulations 2002 have been revoked by SI 2020 No. 0673 - The Merchant Shipping (Safety of Navigation) Regulations 2020.
2.3 The SI 2020 No. 0673 - The Merchant Shipping (Safety of Navigation) Regulations 2020 in Regulation 3 (2) (d) are now disapplied to ships to which the Merchant Shipping (Passenger Ships on Domestic Voyages) Regulations 2000 apply.
2.4 The Merchant Shipping (Passenger Ships on Domestic Voyages) Regulations 2000 cover EU Classes B, C and D.
2.5 Carriage of voyage data recorders (VDR) on Domestic Passenger Ships is covered under Directive 2002/59/EC, Article 10(1) – which requires member States to ensure that ships calling at a port of the member State are fitted with a VDR.
2.6 The Domestic Passenger Ships Directive 2009/45/EC (as amended) makes no provision for VDRs, because Art. 6(1)(c) refers to SOLAS Ch. V and the SOLAS provision for VDRs applies only to ships on international voyages. The requirement for VDRs arises solely from the provisions of Directive 2002/59/EC, as amended (the Vessel Traffic Monitoring (VTM) Directive).
2.7 The Directive 2002/59/EC applied to all ships of 300GT except warships; fishing vessels, traditional ships and recreational craft less than 45 metres in length; and bunkers below 1000 tonnes.
2.8 Consequently the MCA is removing UK passenger ships of European Union (EU) Class B, C and D from the General exemption.
2.9 Previously the General exemption also covered UK passenger ships of Classes III and VI. These vessels are on non-international voyages and therefore the carriage of VDR is also not applicable.
2.10 Regulation 3(1) of the Merchant Shipping (Safety of Navigation) Regulations 2020 provides that, subject to certain general exceptions set out in regulations 3(2) and 3(3), the 2020 Regulations apply to all UK ships, wherever they may be and to all non-UK ships whist they are within UK waters. Regulation 5(3) then sets out a variety of more detailed exceptions to regulation 5(2).
2.11 Regulation 5(1) of the 2020 Regulations provides that “A ship to which these Regulations apply must comply with each requirement in Chapter V applicable to that ship and referred to in paragraph (2).”.
2.12 Regulation 5(2)(j) of the 2020 Regulations implements SOLAS Chapter V regulation 20 (voyage data recorders). Contrary to the general principle of application of SOLAS Chapter V, as per regulation 1.1, regulation 20 expressly provides otherwise. It reverts to the more general SOLAS principle of application, as per Chapter I regulation 1(a), and only requires voyage data recorders to be fitted to ships “when engaged on international voyages”.
2.13 Consequently SOLAS Chapter V regulation 20 (voyage data recorders) does not apply to ships engaged only in domestic voyages.
2.14 Therefore the MCA is removing the General exemption for UK passenger ships of European Union (EU) Class B, C and D and UK Passenger ships of Classes III and VI.
2.15 A copy of the existing General Exemption being removed is available at ANNEX 1.
More information
Survey Operations Branch
Maritime and Coastguard Agency
Bay 2/20
Spring Place
105 Commercial Road
Southampton
SO15 1EG
Telephone: +44 (0)203 8172000
Email: HQSurvey@mcga.gov.uk
Website: www.gov.uk/mca
Please note that all addresses and telephone numbers are correct at time of publishing.
Published: 05/2025