CHARTER OR PRIVATE? Simply put, the difference between charter and private yachting is one of code compliance, survey and certification. If the owner wants to charter his boat, he’s got to prove it is safe. But in all honesty, even when private they should adhere to commercial safety regulations.
Some want to do both points out Nicola Moore-Gothar at the Cayman Island Registry: “Owners like to use their boat, but many also want to offset running costs by offering the vessel for charter for several weeks per year. The ability to operate in dual modes is an important factor for some owners. Code compliant yachts may charter for a number of weeks per year and still be used by the owner. It is important to remember that local regimes may dictate a certain status for yachts that engage charter activity. For instance, vessels that charter in Europe must be commercially registered and must be chartered for all uses, even when the use is by the owner. An exception to this rule is the Yacht Engaged in Trade (YET) scheme which currently operates from France and Monaco and allows the vessel to operate in a temporary commercial ‘bubble’. With a YET, an owner may use the vessel in a private capacity without the need to charter the vessel. Although the YET Scheme is currently only available in France and Monaco, there are ongoing efforts to expand the scheme to other regions to further increase flexibility for owners.”
The size of the vessel will also dictate which Code the vessel will have to comply with in order to be used commercially. For yachts over 24m LLL that wish to be used commercially will have to
ISLE OF MAN SHIP REGISTRY At the Isle of Man Ship Registry the team have revamped their service offering to yachts in order to make sure that survey schemes are fit for the superyachts of 2022, where owners value flexibility above all else. They have created a brand new survey and certification regime, known as ‘Pleasure Yacht Charter Ready’, and have also reviewed their existing survey regimes. They now have a survey scheme to fit the operating profile of every yacht and clear advice to help you find the scheme that is right for you. For more details Tel: +44 (0)1624 688500 or visit
www.iomshipregistry.com
comply with the REG Yacht Code. The REG Yacht Code is an all- encompassing safety standard specifically for charter vessels, it is the safest way to build and operate a large yacht and it takes into account the unique design, build and operating profiles of vessels in this sector. “We still recommend implementing the REG yacht code on private yachts however, it is not mandatory. The Maritime and Coastguard Agency provide full guidance for private yachts. MGN 599 lists standards applicable to private yachts on the Flag,” explains Amanda Marshall at the UK MCA.
Under the Jersey flag, private vessels have no statutory requirements with regards to safety / construction standards / manning, although guidance as to best practice is provided which recommends that similar standards to commercially operated vessels are followed. There will be tax implications by using a vessel commercially however, the British Ships Registry is not an expert in this field and appropriate advice should be sought by qualified persons / firms.
ONBOARD | AUTUMN 2022 | 199
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