Rule 38: Exemptions
Provides transitional exemptions for older vessels built under earlier regulations, with strict limits.
Detailed Explanation
Rule 38 is a grandfathering clause for vessels built before COLREG entry into force (if compliant with 1960 Regulations):
(a) Rule 22 light ranges: exemption up to 4 years.
(b) Annex I section 7 color specs: exemption up to 4 years.
(c) Light repositioning due to imperial-metric conversion/rounding: permanent exemption.
(d)(i) Repositioning masthead lights under Annex I 3(a) for vessels <150 m: permanent exemption.
(d)(ii) Same for vessels ≥150 m: exemption up to 9 years.
(e) Repositioning masthead lights under Annex I 2(b): exemption up to 9 years.
(f) Repositioning sidelights under Annex I 2(g) and 3(b): exemption up to 9 years.
(g) Annex III sound-signal appliances: exemption up to 9 years.
(h) Repositioning all-round lights under Annex I 9(b): permanent exemption.
Practical takeaway: these are narrowly defined technical transition exemptions, not a general safety waiver.
Key Points
- Exemptions are time-limited and conditional
- Applies only to vessels whose keel was laid before specific dates
- Not a blanket safety waiver—partial compliance still required
Examples
- A cargo vessel built in 1975 has her masthead lights positioned to 1960 Regulations standards. Rule 38(d)(i) grants a permanent exemption for repositioning masthead lights on vessels under 150 m if they complied with the 1960 Regulations.
- A 160 m tanker built before COLREG entry into force has sidelights at the old imperial-measure positions. Rule 38(f) allowed up to 9 years' exemption for repositioning sidelights, now long expired — she must comply.
Common Mistakes
- Assuming exemptions under Rule 38 apply permanently when they are subject to transitional timelines.
- Treating exemptions as a blanket waiver of safety obligations rather than limited grandfathering of specific equipment.
- Applying Rule 38 exemptions to a vessel built after COLREG 1972 entered into force.