002/13

Status
Closed
Recommendation Date
Recipient Name
MNZ
Date Closed
Text
The Commission recommends that the Director of Maritime New Zealand clarifies with industry the legal requirements around dual purpose use of vessels and the use of commercial vessels as pleasure craft, and ensures that safe ship management documents refer to the full requirements an owner must comply with before the vessel is used for another purpose.
Reply Text
The current legal position under the Maritime Transport Act is that a ship is operated commercially is a commercial ship at all times and therefore required to comply with the applicable provisions of the Maritime Transport Act and the Maritime Rules for commercial ships.
In the case of Easy Rider, the vessel was normally used or intended to be normally used as a fishing ship and was in fact embarking on a commercial fishing voyage when the accident occurred. It was therefore a commercial ship at the time of the accident.
MNZ is currently developing a new Maritime Operator Safety System (MOSS) which will include clarity over the application of the rule to the non-commerical use of a commercial ship.
Related Investigation(s)