TSB Recommendation M94-28

The Minister of Transport agrees with the recommendation. The HSC Code requires that no high speed craft shall operate on passenger service unless it has been issued a Permit to Operate; the Code contains detailed and comprehensive instructions relating to the route-specific requirements to be satisfied before the Permit to operate is issued. In addition, high speed craft must comply with all applicable provisions of the Collision Regulations, particularly Rules 2, 5 and 6.

In May 1994, the International Maritime Organization (IMO) adopted the International Code of Safety for High Speed Craft (the Code); the Code will come into effect in 1996. The Canadian Coast Guard (CCG) is planning to incorporate the Code in Canadian regulations; in the interim, the code will be implemented by the Board of Steamship Inspection decision.

The response refers extensively to the implementation of the new IMO Code of Safety for High Speed Craft to address the Board's recommendation. Staff communication with CCG officials following the response confirms that CCG is proceeding with its plan to incorporate the Code in Canadian regulations.

Given that the deficiencies identified by the Board's recommendation can be dealt with by implementation of the Code, the response is considered Satisfactory in Intent.

Transport Canada has implemented the HSC Code through a decision of the Board of Steamship Inspection, as is permitted under the Canada Shipping Act. A TC Working Group was previously established to review the HSC Code and recommend any alterations required to address Canadian operating conditions/requirements. TC Marine Safety is now satisfied that the HSC Code addresses the regulatory requirements to ensure the safety of the ship, its crew and passengers.

As of April 2000, Transport Canada implemented the HSC Code through a decision of the Board of Steamship Inspection. The Code addresses type rating certification and it is intended that masters and crew of HSC will be treated identically. HSC "should" not be operated commercially unless a Permit to Operate HSC is issued and valid in addition to the HSC Safety Certificate. However, high speed craft engaged in domestic voyages are not required to comply with the Code but may do so.

The response is considered Satisfactory in Part.

As of April 2000, Transport Canada implemented the HSC Code through a decision of the Board of Steamship Inspection. The Code calls for the development of technical manuals including a route operational manual and a craft operating manual. The Code also addresses type rating certification and it is intended that masters and crew of HSC will be treated identically. However, high speed craft engaged in domestic voyages are not required to comply with the Code but may do so. The proposed new Marine Personnel Regulations require operators to pass oral and/or written and practical examination on the craft and route in order to obtain a HSC Type Rating Certificate. The proposed action, if fully implemented, will not apply to domestic high speed vessels.

No substantial change to address the safety deficiency since the last reassessment.

TSB staff will monitor industry activity with respect to the risks associated with this recommendation.

TC's update, dated November 2006, provided no new information to address the safety deficiency.

The proposed new Marine Personnel Regulations were published in the Canada Gazette, Part I, on November 2006. It is proposed that the new regulations will require high-speed craft type rating certificates, but only for those high-speed craft capable of an operating speed of at least 25 knots and that is built in accordance with the requirements of the HSC Codes. It is also proposed that a practical examination on the craft and route will also be required. Operators of existing and new vessels capable of operating a high speeds and not built in accordance with the HSC Codes will not be required to meet the minimum requirements set out for high-speed craft type rating requirements.

There is no indication TC will require vessels capable of operating at high speeds, other than those that are built in accordance with the HSC Codes, to comply with provisions similar to those contained in the HSC Codes. The action taken will reduce but not substantially reduce or eliminate the deficiency.

Therefore, the assessment remains at Satisfactory in Part.

Further action is unwarranted as TC has consistently indicated that high speed craft engaged in domestic voyages not required to comply with the HSC Codes may do so voluntarily. Hence the residual risk associated with safety deficiency will remain.

This incident occurred prior to the adoption of the IMO High Speed Craft (HSC) Code 1996 and the HSC Code 2000. Since then, Canadian HSC have been permitted through the Board of Steamship process to comply with the requirements of the HSC Code, with Canadian modifications, as an alternate to domestic regulations. The Code also addresses type-rating certification and is intended that masters and crew of HSC will be treated identically. Discussion with TSB indicates that they have expanded the scope of this recommendation to include passenger vessels capable of speeds greater than 25 knots, e.g. Famille Dufour II M04L0105.

The provisions of the HSC Code completely satisfy the intent of the original recommendation. The Marine Personnel Regulations requires operators to pass oral and/or written and practical examination on the craft and route in order to obtain a HSC Type Rating Certificate leading to the issuance of a High-Speed Craft (HSC) Type Rating certificate of competency.

TC's activity update of November 2006 provides no further information than what is contained in its original response and subsequent updates. It is noted the proposed new Marine Personnel Regulations, revised draft dated December 12, 2006, were published in the Canada Gazette, Part I. The proposed new regulations broaden the definition of "high-speed craft" to include a Canadian vessel not meeting the requirements the HSC Codes but capable of operating at speeds of at least 25 knots and engaged on sheltered waters voyage or near coastal voyage, Class 2. It is proposed that the new regulations will require high-speed craft type rating certificates for masters and any other officer who may be called upon to have the conduct of the craft. The type rating certificates will specific to the craft and the route on which it operates. The proposed action, if fully implemented, will substantially reduce the deficiency. Therefore, the assessment is considered Satisfactory Intent.

TSB staff will monitor the proposed action.

TC's update, dated November 2009, indicated that it considers that the TSB has expanded the scope of this recommendation to include passenger vessels capable of speeds greater than 25 knots. The provisions of the HSC Code completely satisfy the intent of the original recommendation.

The Marine Personnel Regulations requires operators to pass oral and/or written and practical examination on the craft and route in order to obtain a HSC Type Rating Certificate leading to the issuance of a High-Speed Craft (HSC) Type Rating certificate of competency. No further update will be provided.

The Marine Personnel Regulations require operators to pass oral and/or written and practical examinations on the craft and route in order to obtain a HSC Type Rating certificate of competency. However, the requirement applies to high-speed craft certified as meeting the requirements of the HSC Code. Operators of Canadian vessels not certified as meeting the requirements of the HSC Code are not required to obtain type rating certificates of competency. However, given there are fewer vessels in service today, the safety risk is considered low. Therefore, the assessment is considered Satisfactory Intent.

Consequently, the Board assigned the deficiency file Inactive status.

TC’s update of November 2009 is an accurate reflection of our current position.  It is also important to note that currently in Canada there is only one vessel certified as a high-speed passenger vessel.

Consequently, on 01 April 2015, the Board assigned this deficiency file Active status.