Transport Malta launches new guidelines for Private Yachts

At the start of 2017, the authority charged with the administration of the Maltese flag, Transport Malta, introduced new guidelines that allow for the carriage of more than 12 guests on board private superyachts. Usually, private yachts have been unable to carry more than 12 guests unless they have been built in accordance to SOLAS (Convention for the Safety of Life at Sea) Regulations and to the Passenger Yacht Code (PYC) and registered with a Red Ensign flag. Thus, through the new guidelines, private yachts are not required  to adhere to SOLAS and PYC to carry more than 12 passengers anymore and may thus be flagged under the Malta Flag. The necessity to introduce these new guidelines came to being, after Transport Malta recognized the need for more contemporary standards in order to narrow the gap found in the market area of private yachting.

In order for a superyacht to qualify, it must comply with certain minimum requirements which are the following:

• it must be over 24m;
• it should not navigate beyond 150 nautical miles from safe haven ;
• it should be in class and in possession of the necessary stability booklet;
• it should comply with the Maltese Commercial Yacht Code and also comply with all applicable international conventions, such as the International Convention for the Prevention of Pollution from Ships ;
• it should carry appropriate safety equipment depending on the expected persons on board;
• it should have a crew compliment in line with the Maltese Commercial Yacht Code;
• it should have a 100% life raft capacity;
• it should hold a valid class certificate ( this only applies to yachts over 500 gross tonnes); and
• it should have issued a safety radio statement of compliance when yachts are over 300 gross tonnes or a safety radio certificate when yachts are over 500 gross tonnes.

Hence, in order for pleasure yachts to be considered for the increase in carriage capacity, they must adhere to the above stated standards as determined by Transport Malta. Moreover, it should also be noted that these new guidelines are not strictly limited to vessels over 500 gross tonnes. Transport Malta recognised the tendency for owners to commission superyachts that fall below the international 500 gross tonnes limit for conventions. Thus, yachts of 499 gross tonnes and similar sizes shall also benefit from the said guidelines at the discretion of Transport Malta.

Prior to the issuance of approval to the increase of carriage capacity, the superyacht must undergo a survey by a Malta Government approved surveyor and it is the surveyor who will ascertain the amount of carriage capacity adequate for each superyacht. Transport Malta will then issue the relevant certificates on the advice and expertise obtained by the appointed surveyor.

Another requirement for superyachts which have been approved to increase their carriage capacity to more than 12 passengers on board shall have to abide with, is to undergo an intermediate survey again, by a Malta Government approved surveyor, every two and a half years starting from the date of acceptance, in order to increase the carriage capacity. The scope of the intermediary survey is intended to determine continued compliance with the minimum requirements as requested by the guidelines issued by Transport Malta.

By virtue of these new guidelines, Transport Malta shall continue to evidence Malta as a strong, reputable and flexible maritime jurisdiction. These guidelines have been presented by Transport Malta for the Malta Flag to “evolve and stay relevant to the market place”, as explained by Mr Ivan Sammut, Registrar General of the Malta Flag. Mr. Sammut continues on to say that “Malta hopes to be more than just a European flagging alternative; we have a holistic view of the superyacht market and want to become a turnkey destination for private and commercial superyachts alike.”