Keeping superyachts afloat in a sea of rules and regulations is a hard task for  today`s captains. At one time yachting was a pure escapism – a carefree pastime with which aficionados could break free from the mundane restrictions of life ashore. There were no  rules and no licences, so you could do pretty much what you liked without fear of some inspector descending to tell you that your actions were illegal or unduly dangerous. Now every captain faces toward very complete legal codes.

In theory, every yacht that charters should obey the specific chartering rules of its flag state, and have the appropriate certification issued by it. Compliance with these rules, however, was beyond the reach of many charter yachts and as the overriding majority of the world`s fleet is British flagged, the Maritime and Coastguard Agency (MCA) set about  creating safety rules for British registered yachts under licence from the International Maritime Organization (IMO). This resulted in what is now known as the MCA Large Yacht Code, a safety rule applicable to charter  yachts, that is all encompassing except that it also requires that the yacht complies with the construction rules issued by a recognized classification society, such as Lloyd`s or Det Norske Veritas (DNV). For a British registered yacht to gain the necessary approval for charter operations, it has to deal with just two inspectors – one from the MCA and one from the Classification Society – for all matters of initial compliance and the subsequent regular mandatory inspections that certifies the vessel as remaining within the rules.

This is a convenient  route to charter operations for the majority of today`s charter fleet but the MCA rules, however, do not extend to vessels carrying more than 12 charter guests or, naturally, to yachts registered with other flag authorities. Some smaller Flag Authorities have either adopted the MCA Code of Practice or have based their own rules upon it, while other authorities are little interested  in yachts and have no specific rules to allow one to charter but, increasingly, insurance companies are insisting that such yachts meet the MCA safety regulations (without actually being in possession of a certificate) before they  will issue cover. MCA-certified commercial yachts of over 500 gross tones (GT) – in general that means modern yacht of 48 meters LOA and over – must also comply with the International Safety Management Code (IMS) and the International Ship and Port Facility Security Code (ISPS). In general, yachts that carry more than 12 passengers, and yachts registered with  Flag Authorities  that so demand, are compelled to comply with the more stringent IMO regulations. The vessels, which must be commercially registered and also built to the rules of a Classification Society, require a Passenger Ship Safety Certificate (PSC). Among other things, the PSC demonstrates compliance with Safety of Life at Sea (SOLAS) rules. In addition there is the requirement to comply with other regulation including the ISM Code (that among a huge list of provisions, requires a vessel to nominate a Designated Person Ashore to improve communications between top management \ owners and the vessel), the International Ship and Port Facility Security Code (ISPS), the rules for the prevention of marine pollution (MARPOL), and Standards of Training, Certification and Whatchkeeping for Seafarers (STCW 95), which govern the manning of vessels with a designated level of qualified crew. All of these regulations require separate inspections and generate large quantities of paperwork.

By enlisting the aid and advice from specialists – a yacht management company – the captain and the owner can be sure that the vessel will remain both well run and compliant with all the regulations.

Yacht management company tasks are

Technical Management. It is always the owner`s liability to keep his yacht seaworthy, but he can be assisted in this respect by yacht  management companies (YMCs) most of whom are able to provide the owner with independent reports on his yacht`s condition following the regular visits by qualified staff. Other support services offered include:

Certification: keeping all certification in date, including statutory certificates in respect of classification, flag, radio licences, safety radio, EPIRBs, life rafts, crew licences, Loadline, ISM and ISSC.

Technical support: many YMCs have an experienced, fully certified marine engineer among their staff who is able to give the yacht`s chief engineer valuable technical advice and assistance.

Planned maintenance: YMCs can also assist in the implementation of a suitable planned maintenance system, arrange dry dockings and planned refits.

Spare parts: advice on the maintenance of spares levels and the ordering and delivery of parts.

Technical records: work with the chief engineer to ensure the proper maintenance of all necessary technical records and the presentation of technical details to support an insurance claim.

Support services. Because of there past experience in this field, the YMCs will be able to recommend the most reliable support agencies across the all field of specialist sub-contractors. In particular, they are able to advice and assist in the following main areas:

Berthing: arrange booking and payment of berthing fees.

Bunkering: order and test fuel and arrange transfer of funds.

Purchase and supply: establish and maintain supply contracts.

Financial and accountancy services. Prepare and oversee operating budgets for the yacht in association with the owner and captain. They will be able to prepare monthly balances and settle invoices, do telecommunication accounting and obtain quotations for major expenditure such as repairs, maintenance and replacement machinery.

Insurance. Advice can be provided in hull, machinery and liability insurance policies and claims handling, including medical claims handling. There will be liaison with the broker selected by the owner in respect of policy extensions and material facts affecting the policy.

Crew management. Achieving a happy crew, mutually compatible, efficient, well motivated and properly qualified in terms of relevant regulations is one of the often unfulfilled dreams of any yacht owner. Yacht management companies, with there wide spread of contacts and knowledge of the needs of yachting personnel, can be of great assistance in the respect of:

Recruitment: assembling shortlists of crew with suitable certifications, an acceptable employment history and satisfactory references from a specialist crew agency, and arranging personal interviews with the owner\ captain.

Contracts: writing approved employment contracts and ensuring they are explained before signature and kept up to date.

Payroll management: including the administration of payrolls and the accounting for on board cash disbursements.

Training: identifying mandatory and non-mandatory training requirements. Arranging course and maintaining an up to date list of crew licences and qualifications.

Administration: taking control of leave planning in relation to mandatory manning levels, including the hiring of temporary replacement crew; leave travel arrangements and repatriation; crew personal injury insurances and claims management; and maintaining next-of-kin notification lists.

Compliance with MCA and SOLAS, together with the associated regulations, are complicated to understand. YMCs are able to oversee that all the necessary aspects of compliance are in order, thus offering an owner piece of mind. Both MCA and SOLAS call for regular annual inspections and minimum levels of crew, so crew levels during holiday periods and sick leave can be monitored and maintained with the assistance of YMC. Other requirements of SOLAS include the following codes, which must also be observed:

MARPOL: this legislation, which deal with anti-pollution measures, must be complied with by all yachts of over 400 GT. It requires certain equipments (such as an oily water separator, sewage treatment plant and spill kits) to be carried abroad depending on the size of the yacht. YMCs can advise on equipment and review a yacht`s emergency plans.

International Safety Management Code. ISM: compliance with the International Safety Management Code is mandatory for all commercial yachts of aver 500 GT. The owner must nominate a Designated Person Ashore (DPA) to provide a link between the shore -based  management and the vessel who should be aware of all safety issues affecting the yacht – clearly ensuring that the senior management\ownership of the vessel are aware of all issues concerning safety. Yacht management companies will provide this DPA, who will share the owner`s responsibility for the preparation and implementation of an individual yacht`s Safety Management System (SMS) and conduct regular efficiency checks.

ISPS: The International Ship and Port Facility Security Code became mandatory for all commercial yachts over 500 GT as a result of current situation in respect of global terrorism, so they must now carry a compliance certificate. YMCs can assist captains with the preparation and maintenance of a security plan.

The following companies offer yacht management services:

CAMPER AND NICHOLSONS INTERNATIONAL

www.cnconnect.com

Antibes:                     +33(0)492 91 29 12

Fort Lauderdale:      +1 954 524 4250

FRASER YACHTS WORLDWIDE

www.fraseryachts.com

Monaco:                    +377 93 10 04 80

Fort Lauderdale:      +1 954 463 0640

HANSEATIC YACHTCARE

www.hanseaticshipping.com/yachtcare.html

Germany:                  +49 2384 911127

Cyprus:                     +357 25846 400

HILL ROBINSON

www.hillrobinson.com

Antibes:                     +33 (0)402 90 59 59

NIGEL BURGESS

www.nigelburgess.com

London:                    +44 (0)20 7766 4300

Monaco:                    +377 97 97 81 21

YACHTING PARTNERS INTERNATIONAL

                                   +44 (0)1273 571722