Question 1

Your sailing charity has self-classified its vessel as a Pleasure Vessel, exempting it from MCA commercial oversight, while running organised activities for vulnerable participants. What does MAIB's finding on this suggest?

Accepted Answer

This may place an organisation entirely outside external safety verification despite the elevated vulnerability of participants — a regulatory gap MAIB has since flagged for review MAIB recommended the MCA review the Pleasure Vessel definition specifically because organisations like the Andrew Cassell Foundation — taking disabled adults into a genuinely hazardous environment — were operating entirely self-regulated, with no external check on whether their safety systems were adequate.

Question 2

Under the ISM Code and as reinforced in Gard's guidance to Members, the Master's overriding authority to make decisions for the safety of the ship and protection of the environment can be overruled by a commercial instruction from the company, such as a charterer's order to sail on schedule.

Accepted Answer

False False. Gard's guidance to Members consistently stresses that the ISM Code (element 5) gives the Master overriding authority and responsibility for safety and pollution prevention decisions — and that companies must ensure this authority is not undermined by commercial pressure. A charterer's or owner's commercial instruction never overrides the Master's safety judgement; Masters who feel pressured are advised to record their decision and reasoning and report it to the company and, where relevant, to their P&I correspondent.

Question 3

A crew member identifies that a piece of safety equipment does not match what is listed on the safety equipment plan. What is the correct way to handle this under the SMS?

Accepted Answer

Raise it as a non-conformity/observation through the SMS reporting process so it is recorded, investigated, corrected, and — if it reflects a wider issue — used to improve procedures or the safety equipment plan itself The ISM Code requires a system for reporting non-conformities, accidents and hazardous occurrences so they can be analysed and corrective/preventive action taken — quietly fixing an issue without recording it loses this opportunity for systemic improvement.