Regulation 34 - Safe navigation and avoidance of dangerous situations

Regulation 34
Summary

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Safe navigation and avoidance of dangerous situations

Voyage planning is required on all vessels which go to

sea.

Master to ensure plan is drawn up.

Details of factors to take into account.
Master's discretion in decision-making not to be
compromised.
Text

1. Prior to proceeding to sea, the master shall ensure that the

intended voyage has been planned using the appropriate nautical
charts and nautical publications for the area concerned, taking into
account the guidelines and recommendations developed by the
Organization.*
2. The voyage plan shall identify a route which:
2.1 takes into account any relevant ships' routeing systems
2.2 ensures sufficient sea room for the safe passage of the ship
throughout the voyage
2.3 anticipates all known navigational hazards and adverse
weather conditions; and
2.4 takes into account the marine environmental protection
measures that apply, and avoids, as far as possible, actions
and activities which could cause damage to the environment

3. The owner, the charterer, or the company, as defined in regulation

IX/1, operating the ship or any other person shall not prevent or
restrict the master of the ship from taking or executing any
decision which, in the master's professional judgement, is
necessary for safe navigation and protection of the marine
environment.
*Refer to the Guidelines for Voyage Planning, adopted by the
Organization by Resolution A.893(21) (See ANNEX 25.)

Guidance Notes

1. Reg. 34 applies to all ships which proceed to sea.

2. This is a new Regulation. Paragraph 3 replaces and revises SOLAS
V/74 Regulation 10.2 (Master's discretion for safe navigation.)
3. The Regulation requires the voyage to be planned in accordance
with the IMO Guidelines for Voyage Planning - Resolution A.893
(21) (issued as SN/Circ.92) The Regulation authorises the Master
to take voyage planning decisions for safety or environmental
reasons. It further prevents the owner, charterer or company (as
defined in the ISM Code) from over-ruling any such decision. The
Regulation together with the IMO Guidelines and these Guidance
Notes supersede MGN 72 and MGN 166.
4. It is important to note that Regulation 34 makes a properly
prepared voyage plan mandatory and the plan is liable to be
checked during port State control inspections.
5. Small vessels and pleasure craft - Regulation 34 applies to all
vessels. For small vessels and pleasure-craft the degree of voyage
planning will be depend upon the size of vessel, its crew and the
length of the voyage. The MCA expects all mariners to make a
careful assessment of any proposed voyage taking into account all
dangers to navigation, weather forecasts, tidal predictions and
other relevant factors including the competence of the crew.
6. Paragraph 3 ensures the master has absolute discretion to take
decisions in the interests of safe navigation and or protection of
the marine environment. The definition of the word "Company" is

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20/8/2013

Regulation 34 - Safe navigation and avoidance of dangerous situations

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the one used in SOLAS Chapter IX/1: "Company" means the owner
of the ship or any other organization or person such as the
manager, or the bareboat charterer, who has assumed the
responsibility for operation of the ship and who on assuming such
responsibility has agreed to take over all the duties and
responsibilities imposed by the International Safety Management
Code."
Go to ANNEX 24 -Voyage Planning - MCA Guidance Notes
and ANNEX 25 - Voyage Planning - IMO ResA.893

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https://mcanet.mcga.gov.uk/public/c4/regulations/safetyofnavigation/regulations/regulation34.htm

20/8/2013