A Passenger Yacht Code for the Maltese Flag
The Malta Flag Administration has recognized that the ever-increasing build of yachts means that they can cater for more than 12 passengers.
Under the Safety of Life at Sea Convention (SOLAS), any vessel carrying more than 12 passengers should be treated as a passenger ship: its construction and equipment therefore have to be adapted to such intended use. While SOLAS only applies to ships over a certain size, smaller yachts may still be equipped for more than 12 passengers and thus, it was seen as desirable to contemplate the operation of charters for more than 12 passengers.
The Merchant Shipping Directorate of Transport Malta has drawn up a code, titled Passenger Yacht Code (PYC), to regulate such yachts after having consulted with major industry stakeholders.
In principle, passenger yachts should comply with SOLAS, but these requirements are sized down for smaller yachts that will carry 12 passengers, due to the disproportionately onerous nature of the SOLAS provisions and technical annexes for smaller yachts. It also lays down equivalences for the Load Lines Convention. These equivalencies have been notified to the International Maritime Organisation. This code came into effect on the 25th May 2021.
The SOLAS equivalencies relate to various construction requirements including double-bottom requirements, safety and survivability, subdivision and stability, materials used for certain parts of the yacht and low flame spread characteristics of exposed surfaces.
Recognized Organizations are given an oversight role, while port and flag state inspections are possible and the yacht is required to comply. The owner and master have an obligations to report incidents to the Maltese authorities as and when they occur.
The PYC came into force on the 25th May 2021.
Key Contact
Dr Geraldine Spiteri – Director, Advocate (Malta)
Dr Geraldine Spiteri has been a Maltese advocate since 2002 and subsequently qualified in EU & Comparative Law (Magister Juris, University of Malta) and International Maritime Law (LL.M. IMO International Maritime Law Institute).
