Rule 38 exemptions and Part F: verifying compliance
1The lesson in plain words
Rule 38 gave old ships time to adapt to the 1972 rules, and a few exemptions are permanent. Part F has IMO audit the states that apply the COLREG.
Who Rule 38 covers
Rule 38 applies to a vessel that complies with the 1960 Collision Regulations and whose keel was laid, or which had reached a similar stage of construction, before the COLREG entered into force on 15 July 1977. Such a vessel may be exempted from certain technical requirements. Only the listed light and sound-appliance requirements may be exempted; steering and sailing rules still apply.
The 4- and 9-year exemptions
Light ranges under Rule 22 and the colour specifications of Annex I: until 4 years after entry into force, that is 15 July 1981. Repositioning of masthead lights on ships of 150 m or more under Annex I 3(a), of masthead lights under 2(b), and of sidelights under 2(g) and 3(b), plus Annex III sound appliances: until 9 years after, 15 July 1986. All of these have expired.
Permanent exemptions
Three stay permanent: repositioning of lights caused by converting from imperial to metric units and rounding off figures; repositioning of masthead lights on vessels of less than 150 m under Annex I 3(a), the horizontal spacing; and repositioning of all-round lights under Annex I 9(b). Today you meet them only on very old ships, still with their 1960-rule light layout.
Special construction
Separately, Rule 1(e) lets a government decide that a vessel of special construction or purpose, such as a warship or a cable ship, cannot fully comply with the rules on lights, shapes or sound appliances. She then complies as closely as possible, as her government decides. So an unusual light layout is not always a fault.
Part F: Rules 39–41
Part F, added by resolution A.1085(28) and in force since 1 January 2016, links the COLREG to the IMO Member State Audit Scheme (IMSAS). Rule 39 defines audit and the audit standard, the III Code, the IMO Instruments Implementation Code. Rule 40 says governments use the III Code to carry out their duties. Rule 41 makes each government subject to periodic IMO audits. Part F audits states, not ships.
2Key data
- Rule 38 covers
- 1960-compliant; keel laid/equivalent stage before 15 July 1977
- 4-year exemptions
- Light ranges, colours: expired 15 July 1981
- 9-year exemptions
- Masthead ≥150 m, sidelights, Annex III: expired 15 July 1986
- Permanent exemptions
- Metric rounding; masthead spacing <150 m; all-round lights 9(b)
- Part F
- A.1085(28), in force 1 January 2016; IMSAS and the III Code
3Key points
- 1
Only 1960-compliant ships keel-laid or at an equivalent stage before 15 July 1977 may qualify.
- 2
The 4- and 9-year exemptions ended in 1981 and 1986.
- 3
Three exemptions are permanent, all about repositioning lights.
- 4
Rule 1(e) allows closest possible compliance for special vessels.
- 5
Part F (Rules 39–41) audits states through IMSAS since 2016.
4Frequent mistakes
Wrong: Rule 38 exempts old ships from the steering and sailing rules.
Right: It covers only listed technical items: light ranges, colours, positions and sound appliances.
Wrong: Part F lets IMO auditors inspect your ship's lights.
Right: Part F audits governments against the III Code; it does not establish a ship-inspection regime.
5Practice case & exam keys
You review a 120 m ship keel-laid in 1975 and compliant with the 1960 Regulations. Her masthead lights are 40 m apart. Her owner also claims an Annex III whistle exemption. Which exemptions could still apply?
Show the answer
Rule 38 allows a permanent exemption from masthead-light repositioning under Annex I 3(a) for eligible ships under 150 m. Check that the exemption applies to this ship; age and 1960 compliance alone do not establish it. The Annex III exemption expired on 15 July 1986, so it cannot excuse a non-compliant whistle today.
Exam keys
- Rule 38: 1960 compliance; keel laid or corresponding construction stage before 15 July 1977.
- 4-year exemptions to 1981; 9-year exemptions to 1986; all expired.
- Permanent: metric rounding, masthead spacing under 150 m, all-round light repositioning.
- Part F (A.1085(28), 1 Jan 2016): III Code and IMSAS audits of states.
Finish this unit
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