i e SD No. 2016/0058 HARBOUR DUES (MERCHANT VESSELS) REGULATIONS 2016

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1 i e SD No. 2016/0058 HARBOUR DUES (MERCHANT VESSELS) REGULATIONS 2016

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3 Harbour Dues (Merhant Vessels) Regulations 2016 Index HARBOUR DUES (MERCHANT VESSELS) REGULATIONS 2016 Index Regulation Page 1 Title Commenement Interpretation Appliation Harbour dues Revoation... 8 SCHEDULE 9 HARBOUR DUES 9 PART 1 VESSEL DUES, GOODS DUES AND PASSENGER DUES 9 PART 2 VESSEL DUES 10 PART 3 GOODS DUES 11 PART 4 PASSENGER DUES 15 SD No. 2016/0058 Page 3

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5 Harbour Dues (Merhant Vessels) Regulations 2016 Regulation 1 Statutory Doument No. 2016/0058 Harbours At 2010 HARBOUR DUES (MERCHANT VESSELS) REGULATIONS 2016 Approved by Tynwald: 15 Marh 2016 Coming into Operation: 1 April 2016 The Department of Infrastruture makes the following Regulations under setion 38(1) and (2) of the Harbours At Title These Regulations are the Harbour Dues (Merhant Vessels) Regulations Commenement If approved by Tynwald, these Regulations ome into operation on 1 April Interpretation In these Regulations the At means the Harbours At 2010; artiulated motor vehile means a ombination of a motor vehile and a trailer in whih the trailer is a semi-trailer partially superimposed on the motor vehile whih bears a portion of the semi-trailer s weight; rew in relation to a vessel, means a person who is employed on the vessel but does not inlude vehile rew; or, in relation to a pleasure raft or a training vessel, means any person arried on the vessel; yle means a passenger-arrying vehile steered by handlebars; fishing vessel, work boat and onstrution barge have the same meaning as in the Harbour Dues (Fishing Vessels, Work Boats and Constrution Barges) Regulations ; 1 Tynwald approval is required by setion 38(3) of the At 2 SD 2016/0057 SD No. 2016/0058 Page 5

6 Regulation 3 Harbour Dues (Merhant Vessels) Regulations 2016 goods vehile means a vehile other than a vehile whih is onstruted or adapted as a passenger arrying vehile; heavy passenger vehile means a motor vehile whih is a passenger arrying vehile other than a minibus, a motor ar, a light passenger vehile, or a motor yle; light passenger vehile means a motor vehile whih is a passenger arrying vehile not exeeding 550kg unladen weight, other than a motor yle; minibus means a motor vehile whih is a passenger arrying vehile having not more than 17 seats inluding the driver s seat, not being a motor ar, a light passenger vehile or a motor yle; moped means a motor yle not exeeding 50 engine apaity; motor-assisted pedal yle means a pedal yle whih is assisted by an engine not exeeding 50 apaity; motor ar means a motor vehile whih is a passenger arrying vehile having not more than 9 seats inluding the driver s seat, not exeeding 6 metres in overall length, not exeeding 2 metres in overall height and not being a light passenger vehile or a motor yle; motor yle means a motor vehile whih is a yle (inluding any sidear or trailer whih is attahed) having two, three or four wheels; it inludes a moped but does not inlude a motor-assisted pedal yle; motor vehile means a mehanially propelled vehile; it inludes an artiulated motor vehile but does not inlude a pedal yle or a motorassisted pedal yle; overall height in relation to a vehile, ontainer, tank, pallet or other unitised argo means its height inluding road wheels and any load, being the distane between the lowest point of the lowest fixed permanent struture or of road-wheels (if they are or ould be attahed) and the highest point of the fixed permanent struture or of the load, whihever is the higher; overall length in relation to a vessel or a vehile or other unitised goods arried on a vessel, means the distane between the foreside of the foremost fixed permanent struture and the afterside of the aftermost fixed permanent struture; passenger in relation to a vessel, means any person arried on the vessel, other than the rew of the vessel; passenger arrying vehile means a road vehile onstruted or adapted for the arrying of passengers and their personal effets; it inludes a motoraravan used as living aommodation, and if the vehile is a trailer it inludes a aravan used as living aommodation; pedal yle means a yle propelled by tration pedals whih is not otherwise mehanially propelled; Page 6 SD No. 2016/0058

7 Harbour Dues (Merhant Vessels) Regulations 2016 Regulation 4 pleasure ferry means a vessel liensed to ply for hire as a pleasure boat or a ferry boat under the Harbour Bye-Laws if any person on the vessel is employed to navigate the vessel; pleasure vessels, large ommerial yahts and tall ships have the same meaning as in the Harbour Dues (Pleasure Vessels, Large Commerial Yahts and Tall Ships) Regulations ; ton means a ton of the gross tonnage of a vessel where a ton is equal to a volume of 100 ubi feet; tonne means a unit of weight equivalent to 1,000 kilograms; unaompanied in relation to a vehile, means a vehile whih is not aompanied by any vehile passenger arried on the vessel; unladen weight means the unladen weight of the vehile stated in the manufaturer s speifiation for the vehile or, if the vehile is registered in any ountry or territory for use on a road, the unladen weight of the vehile stated in the vehile s registered partiulars; vehile means a motor vehile, a trailer, a pedal yle or a motor-assisted pedal yle; vehile rew in relation to a goods vehile, minibus or heavy passenger vehile means a person arried on a vessel who is the vehile driver or any person who is employed on the vehile; vehile driver means a passenger arried on a vessel who is a driver in harge of a vehile arried on the vessel; and vehile passenger means a passenger arried on a vessel, other than vehile rew, who is aompanying a vehile whih is arried on the vessel. 4 Appliation (1) These Regulations apply to all vessels entering, using or leaving a harbour. (2) But Part 2 (vessel dues) of the Shedule does not apply to fishing vessels, work boats and onstrution barges in respet of whih vessel dues are speified in the Harbour Dues (Fishing Vessels, Work Boats and Constrution Barges) Regulations 2016; or pleasure vessels, large ommerial yahts and tall ships in respet of whih vessel dues are speified in the Harbour Dues (Pleasure Vessels, Large Commerial Yahts and Tall Ships) Regulations Made 19 May SD 2016/0056 SD No. 2016/0058 Page 7

8 Regulation 5 Harbour Dues (Merhant Vessels) Regulations 2016 (3) Part 3 (goods dues) and Part 4 (passenger dues) of the Shedule apply to vessels speified in sub-paragraphs and of paragraph (2) only to suh extent as is speified in the Harbour Dues (Fishing Vessels, Work Boats and Constrution Barges) Regulations 2016 or, as the ase may be, in the Harbour Dues (Pleasure Vessels, Large Commerial Yahts and Tall Ships) Regulations Harbour dues The Shedule sets out the harbour dues presribed in respet of merhant vessels. 6 Revoation The Harbour Dues (Merhant Vessels) Regulations are revoked. MADE 16 FEBRUARY 2016 P A GAWNE Minister for Infrastruture 5 SD 2015/0084 Page 8 SD No. 2016/0058

9 Harbour Dues (Merhant Vessels) Regulations 2016 SCHEDULE SCHEDULE (Regulation 5) HARBOUR DUES PART 1 VESSEL DUES, GOODS DUES AND PASSENGER DUES 1 General (1) No dues shall be harged in aordane with Part 2 (vessel dues), Part 3 (goods dues) or Part 4 (passenger dues) if a vessel is obliged to enter a harbour to land a rew member or a passenger for urgent medial treatment; or obtain emergeny servies with respet to safety of life on board, provided that the vessel leaves the harbour as soon as is pratiable in the irumstanes. (2) If by virtue of provisions in this Shedule dues may be harged in respet of a vehile, either in aordane with Part 3 (goods dues) or in aordane with Part 4 (passenger dues); or in respet of a vehile driver or any other person, either in aordane with Part 3 (goods dues) or in aordane with Part 4 (passenger dues), the dues shall be harged in aordane with only one of those Parts, as provided in paragraph 3. (3) If the irumstanes referred to in paragraph 2 in respet of a vehile or paragraph 2 in respet of a person apply to the harging of dues, the dues in respet of the vehile, the vehile rew and any vehile passenger shall be harged in aordane with Part 3 (goods dues) if the vehile exeeds 6 metres in overall length, and is arrying any goods or burden whih are not the personal effets of the vehile rew or passengers; or in any other ase, in aordane with Part 4 (passenger dues). SD No. 2016/0058 Page 9

10 SCHEDULE Harbour Dues (Merhant Vessels) Regulations 2016 PART 2 VESSEL DUES 2 Appliation (1) This Part applies to vessels entering or using a harbour (inluding remaining in, or being laid up or lying in, a harbour). (2) Tonnage dues shall not be harged in respet of any vessel, not onveying goods for hire, that () (d) belongs to or is employed in the servie of Her Majesty`s fores; is in the servie of the Northern Lighthouses Board, the Corporation of Trinity House or the Commissioners of Irish Lights; is a lifeboat; or is in the servie of, or under detention or seizure by, the Treasury. (3) Subjet to sub-paragraphs (4), (5) and (6), in the ase of a vessel entering harbour vessel dues shall be alulated by referene to the gross registered tonnage of the vessel and harged in aordane with Table 1 if the vessel is entering harbour for loading or unloading goods and the aggregate of the weights of the goods loaded and unloaded does not exeed 40 tonnes; or the vessel is not entering harbour for embarking or disembarking passengers or for loading or unloading goods. (4) No vessel dues shall be harged in respet of a vessel entering harbour if the vessel is entering harbour for loading or unloading goods and the aggregate of the weights of the goods loaded and unloaded exeeds 40 tonnes; or the vessel is entering harbour for embarking or disembarking passengers. (5) Vessel dues in respet of a vessel laid up or lying in a harbour undergoing repairs or maintenane, predominantly by an Isle of Manbased ompany shall be alulated by referene to the number of days or part of thereafter. (6) If a vessel is laid up or lying in a harbour and undergoing repairs or maintenane, predominantly by an Isle of Man-based ompany for more than 14 days, vessel dues of 15p per ton or part of ton. Page 10 SD No. 2016/0058

11 Harbour Dues (Merhant Vessels) Regulations 2016 SCHEDULE TABLE 1 Vessel Dues harged for entry of a vessel to harbour for 14 days or part thereof and for every 14 days or part of thereafter Per ton or part of a ton for eah entry up to 14 days or part thereof and for every 14 days or part thereafter. Minimum harge for eah entry up to 14 days or part thereof and for every 14 days or part thereafter PART 3 GOODS DUES 3 Appliation (1) This Part applies in respet of any vessel entering or leaving a harbour and whih is arrying goods. (2) Goods dues shall not be harged in respet of () (d) (e) naval, vitualling or Ordnane stores, or other stores or goods for the servie of or being the property of her Majesty; stores or goods for the servie of, or being the property of the Northern Lighthouses Board, the Corporation of Trinity House or the Commissioners of Irish Lights; the outfit, stores or provisions of any vessel; any apparatus for saving life; and any goods under detention or seizure by the Treasury. (3) Goods dues shall be harged in respet of goods landed from or loaded onto a vessel in addition to vessel dues alulated in aordane with Part 2 and passenger dues alulated in aordane with Part 4, exept where otherwise provided. (4) Subjet to sub-paragraph (5) goods dues shall be alulated and harged in aordane with Tables 2, 3, 4 or 5. (5) No goods dues shall be harged in respet of a pedal yle or motor-assisted pedal yle; or fish landed from a Manx registered fishing vessel to whih the Harbour Dues (Fishing Vessels, Work Boats and Constrution Barges) Regulations 2016 apply. 4 Large unitised goods (1) This paragraph applies to a trailer, ontainer, tank, pallet or other unitised argo whih, at the time it is argo of a vessel entering or leaving harbour, does not form part of a motor vehile, an artiulated motor SD No. 2016/0058 Page 11

12 SCHEDULE Harbour Dues (Merhant Vessels) Regulations 2016 vehile or a motor vehile and trailer ombination, and whih exeeds 6 metres in overall length. For the purposes of this paragraph, goods dues shall be alulated by referene to the length of the goods at the rate of 4.83 per metre (or part of a metre) and subjet, in the ase of a ontainer that is fully laden with srap metal or waste material for environmental reyling, and is shipped onto a vessel, a maximum harge of Large motor vehiles (1) Table 2 applies to: a goods vehile or a ombination of goods vehiles whih exeeds 6 metres in overall length; or an unaompanied heavy passenger vehile. (2) For the purposes of the Table () goods dues shall be alulated by referene to the length of the motor vehile and any trailer whih it draws and, in addition, shall inlude dues in respet of the vehile driver and other vehile rew (if any); the overall length of an artiulated motor vehile inludes both the motor vehile trator unit and the semi-trailer, and the overall length of a ombination of any other motor vehile and a trailer is the overall length of the drawing motor vehile and the drawn trailer inluding the draw-bar whih joins the vehiles; and any person arried in a goods vehile shall be deemed to be vehile rew and not a vehile passenger. (3) If the vehile is a heavy passenger vehile aompanied by any person other than the vehile rew, the dues in respet of the vehile driver, vehile and other persons arried shall be alulated in aordane with Part 4 (passenger dues) and not in aordane with this Table. Page 12 SD No. 2016/0058

13 Harbour Dues (Merhant Vessels) Regulations 2016 SCHEDULE TABLE 2 GOODS DUES (LARGE MOTOR VEHICLES) Unitised Goods (Large Motor Vehiles): being a large goods vehile, large goods vehile and trailer ombination, or an unaompanied large passenger vehile In respet of the vehile or ombination of vehiles: per metre or part of a metre: 4.83 In respet of the motor vehile, for the driver (if any) or any other vehile rew arried with the vehile, per person, exept that: where a goods vehile (being either a motor vehile or a trailer) is fully laden with srap metal or waste material for environmental reyling, and is loaded onto a vessel, a maximum harge in respet of eah vehile (exluding the additional harge in respet of the driver or any other person arried) of: or where a heavy passenger vehile is unaompanied by vehile passengers, a harge in respet of that vehile(exluding the additional harge in respet of the driver or any other vehile rew arried) of: Smaller motor vehiles (1) Table 3 applies to a goods vehile or trailer whih does not exeed 6 metres in overall length; or an unaompanied passenger-arrying vehile other than a heavy passenger vehile. (2) For the purposes of the Table, goods dues shall be harged for eah vehile and, in addition, for vehile rew (if any). (3) If the vehile is a vehile speified in sub-paragraph (1) but is a minibus aompanied by any person other than the vehile rew; or any other passenger arrying vehile aompanied by a vehile driver or any other person, SD No. 2016/0058 Page 13

14 SCHEDULE Harbour Dues (Merhant Vessels) Regulations 2016 the dues in respet of the vehile driver, vehile and other persons arried shall be alulated in aordane with Part 4 (passenger dues) and not in aordane with this Table. TABLE 3 GOODS DUES (SMALLER MOTOR VEHICLES) Smaller goods vehiles, minibuses, motor ars, and motoryles not aompanied by passengers An unaompanied motor yle or light passenger vehile: 2.49 An unaompanied motor ar or minibus: 7.42 () A goods vehile whih is a motor vehile under 6 metres in length: (d) Any other motor vehile to whih this Table applies not elsewhere speified in this Table: (e) A driver or other vehile rew arried, per person: 1.72 (f) A trailer (other than a trailer drawn by a motor yle) Bulk ship argo (1) Table 4 applies to bulk or general argo, not being any vehile or other goods whih is hargeable in aordane with the preeding provisions of this Shedule. (2) For the purposes of the Table, goods dues shall be alulated by referene to the weight of the goods. TABLE 4 GOODS DUES (BULK CARGO) Bulk Ship Cargo Goods Dues alulated by weight: Liquid petroleum produts, per tonne or part of a tonne: 3.59 Dangerous explosive substanes for whih speial handling arrangements or preautions are required at harbour (not inluding liquid petroleum produts referred to in entry ),for eah tonne loaded or unloaded, per tonne or part of a tonne: Page 14 SD No. 2016/0058

15 Harbour Dues (Merhant Vessels) Regulations 2016 SCHEDULE () Bulk or general argo, not elsewhere speified in this Table per tonne or part of a tonne: 1.92 PART 4 PASSENGER DUES 8 General (1) This Part applies in respet of a merhant vessel entering or leaving a harbour and whih is arrying passengers. (2) Passenger dues shall not be harged in respet of any person using a lifeboat, or a person employed in the servie of Her Majesty or the Northern Lighthouse Board, the Corporation of Trinity House or the Commissioners of Irish Lights; or on any pilot boat, embarking or disembarking in the exeution of his or her duty. (3) Passenger dues shall be harged in respet of passengers (inluding any passenger arrying vehile whih they are aompanying) disembarked from or embarked on a vessel, and suh harge shall be in addition to vessel dues alulated in aordane with Part 2 and goods dues alulated in aordane with Part 3, exept where otherwise provided. (4) Subjet to sub-paragraphs (5) and (6) passenger dues shall be alulated in aordane with Tables 5 to 7. (5) No passenger dues shall be harged in respet of a hild under 5 years of age. (6) A person embarking on or disembarking from a pleasure vessel, large ommerial yaht or tall ship shall be harged passenger dues under the Harbour Dues (Pleasure Vessels, Large Commerial Yahts and Tall Ships) Regulations a fishing vessel, work boat or onstrution barge shall be harged passenger dues under the Harbour Dues (Fishing Vessels and Work Boats) Regulations Ordinary Passengers (other than day-exursion passengers) (1) Table 5 applies to a passenger who is not (or a passenger and the vehile he or she is driving whih are not) travelling in aordane with the onditions of arriage attahed to a day-return tiket issued by or for the arrier. SD No. 2016/0058 Page 15

16 SCHEDULE Harbour Dues (Merhant Vessels) Regulations 2016 (2) Passenger dues shall be harged in respet of passengers disembarked from, or embarked on, a vessel in aordane with item, item and item () in the Table whih shall be added together in eah ase. TABLE 5 PASSENGER DUES (ORDINARY PASSENGERS) Other than Day-Exursion Passengers Driver of the vehile one driver 1.72 () A passenger vehile, where no goods dues are harged in respet of the vehile (i) a motor yle or a light passenger vehile: (ii) a motor ar or a minibus: (iii) a motor ar or a minibus with trailer: (iv) a heavy passenger vehile: (v) a heavy passenger vehile with trailer: Passengers who are not the driver of, or aompanying, a vehile desribed in - (i) an adult (ii) a hild over age of 5 but under age of Day-exursion passengers (1) Table 6 applies to a passenger (or a passenger and the vehile they are driving) travelling in aordane with the onditions of arriage attahed to a day-return tiket issued by or for the arrier. (2) Passenger dues shall be harged in respet of passengers disembarked from, or embarked on, a vessel in aordane with item, item and item () in the Table whih shall be added together in eah ase. TABLE 6 PASSENGER DUES (DAY-EXCURSION) Day-Exursion Return-Fare Passengers Driver of the vehile one driver A passenger vehile, where no goods dues are harged Page 16 SD No. 2016/0058

17 Harbour Dues (Merhant Vessels) Regulations 2016 SCHEDULE in respet of the vehile (i) a motor yle or a light passenger vehile:... (ii) a motor ar or a minibus:... (iii) a motor ar or a minibus with trailer:... (iv) a heavy passenger vehile:... (v) a heavy passenger vehile with trailer: () Passengers who are not the driver of, or aompanying, a vehile, desribed in ; or aompanying any vehile (i) an adult:... (ii) a hild over age 5 but under age 16: Visiting pleasure ruise passengers (1) Table 7 applies in respet of passengers disembarked from and embarked on a pleasure ruise vessel, a pleasure ferry or a pleasure exursion vessel visiting the Island. (2) A single passenger due shall be harged in respet of all passengers who both disembark from and embark on the vessel. (3) In this paragraph pleasure exursion vessel means a vessel used to arry passengers for pleasure, rereation, hire or reward on journeys that return to their starting point. TABLE 7 Pleasure Cruise Passengers (PLEASURE CRUISE) per vessel plus per passenger landed 0.50 SD No. 2016/0058 Page 17

18 Explanatory Note Harbour Dues (Merhant Vessels) Regulations 2016 EXPLANATORY NOTE (This note is not part of the Regulations) These Regulations inrease harbour dues for merhant vessels by 2.0%. The Regulations are in respet of tonnage dues (vessel dues) for merhant vessels entering or lying in harbour in speified irumstanes, goods dues on goods landed or shipped, and passenger dues on passengers embarked or disembarked. These Regulations revoke the Harbour Dues (Merhant Vessels) Regulations 2015 (SD 2015/0084). Page 18 SD No. 2016/0058