DCE Reform (40 Series) - FAQs
Last updated August 2024
Background and reasons for change
What are the DCE rules?
The DCE rules set requirements and obligations for:
- the design, construction and equipment requirements for New Zealand domestic commercial vessels (i.e. not international vessels, and not pleasure craft)
- the survey and certification of New Zealand vessels
- some foreign vessels that are operating commercially in New Zealand.
Examples of the design, construction and equipment topics include stability, watertight and weathertight integrity, fire safety, machinery, electrical, communications equipment and life-saving appliances.
Why are we talking about the ‘DCE rule’s now and not the ‘40-series rules?
The ‘DCE rules’ and the ‘40-series rules’ refer to the same set of requirements.
The DCE rules are often referred to as the ‘40-series rules’ simply because in the current rule set the rule parts start with a number in the 40s i.e. a number between 40 and 49. For example, in the existing rules, Part 40A relates to Passenger Ships, Part 41 relates to Anchors and Chain Cables, and Part 43 relates to Radio.
The rules and maritime transport instruments (MTI) being developed will be numbered differently so calling them the 40-series in the future would no longer make sense. The Invitation to Comment document includes a diagram showing how the existing 40-series rules will map onto the new DCE rules, including how the new rules will be numbered.
What is the difference between and ship, vessel, boat and craft?
The terms vessel, ship and boat can be used interchangeably.
The word ‘ship’ is used in the Maritime Transport Act 1994 and in the proposed rules and maritime transport instruments (MTIs). The term ship is used to refer to any kind of boat or craft and does not refer to a craft of a specific size.
The documents supporting the rules and MTI tend to use the term ‘vessel’.
What is the DCE reform project aiming to achieve?
The aim of the project is to revise the existing DCE rules so that they are:
- clear, easy to understand and user-friendly for those applying them
- set requirements that are proportionate and appropriate to the risk
- designed so that they are easy to maintain and update
- address concerns the sector has raised about the current rules (see below).
Why are the DCE rules being reformed?
The reform is in response to a number of factors, including:
- feedback from the sector that the rules have numerous technical issues, are hard to use, inconsistent and inflexible – with concerns that these issues cause uncertainty, inconvenience and delays which lead to unnecessary costs and a high volume of queries and applications for exemptions
- over a number of years, reports by the Transport Accident Investigation Commission (TAIC) have recommended changes to standards across a number of rules topics
- some rules have not kept pace with sector changes and developments in technology
- some rules set standards that are too onerous while in other cases the safety standards for some vessels are too low
- a commitment to improve regulation as part of Maritime NZ’s regulatory stewardship.
What rules are in scope?
The project is concerned with the design, construction and equipment (DCE) rules in Parts 40A to 49, excluding Part 40F (Hovercraft), Part 40G (Novel ships) and the surveyor recognition aspects of Part 44.
How will the sector and public be consulted about the reform of the DCE rules?
Due to the volume and technical nature of the material, public consultation will occur in three packages over a 12-18 month period starting in August 2024. Each stage of consultation will last approximately 8 to 10 weeks. During these periods Maritime NZ will:
- publish consultation material on its website https://www.maritimenz.govt.nz/public/consultation/dce-40-series-package-1/
- provide online sessions to discuss and answer questions about the proposals
- attend sector meetings and conferences, if requested
- raise awareness of the consultation through public channels as well as through direct contact with regulated parties.
How will the new rules be rolled out?
The new DCE rules and maritime transport instruments (MTI) are expected to be finalised in late 2025 or early 2026, and come into force in 2026. The intention is that all of the new rules and MTIs will take effect at the same time. This is necessary because the rules have so many interlinkages.
As part of the roll-out, Maritime NZ anticipates providing the sector with guidance explaining the changes.
Formal public consultation on the proposed new DCE rules and MTIs will take place in three packages, starting in August 2024. Following consultation, Maritime NZ will consider submissions and report to the Minister about any proposed changes.
After the Minister has signed the final versions of the rules, it is proposed that there will be a lead-in period to give the sector time to learn about the changes. The duration of any lead-in time has not been determined yet, but is likely to be a number of months.
In addition, it is proposed that most requirements will apply from the date the new rules and MTIs take effect – i.e. at the end of the lead-in period. This is because many requirements are not changing. However, where existing vessels are required to make changes, it is proposed that the rules will include transition periods of 2 to 5 years.
How will the new rules impact vessels that are already in the fleet?
Many current requirements for existing vessels will carry over with no change.
Some proposed changes will only apply to new vessels, for example where changes are made to harmonise the rules but are not safety critical. In these cases it is proposed that existing vessels can continue to meet their current requirements rather than the new standard.
There are some areas where existing vessels will be required to meet a higher safety standard in the new DCE rules, for example, it is proposed that more vessels will be required to have a fire suppression systems. In these situations, it is proposed that existing vessel operators will have a transition period to make those upgrades (between 2 and 5 years after the new DCE rules come into force).
Overview of the approach
What are the main features proposed for the new rules?
Two key principles have guided the reform of the DCE rules include:
- Harmonising and consolidating to create one set of rules for all vessels - where practicable, the existing rules will be harmonised and consolidated across vessel types. Harmonising and consolidating means that requirements are arranged differently in the new rules and maritime transport instruments (MTIs) and there are minor wording changes. However these changes generally do not impose additional duties or costs.
- Setting requirements based on risk - ensuring the requirements are proportionate to the risk. A risk-based approach means that settings have changed for some vessels. Some requirements have reduced - for example the certification of anchors and cables; electrical standards for many existing vessels; or the standards for rescue boats. Some requirements have increased - for example fire alarms or fire suppression systems on more vessels.
What’s changing under the new rules?
The impact of the new rules will vary depending on the size and design of a vessel, what it is used for and where it operates.
Under the proposals:
- Most current rules will carry over without change.
- Some requirements will reduce where current standards have been assessed as being too high. For example the certification of anchors and cables; electrical standards for many existing vessels; or the standards for rescue boats
- Some requirements will increase where a safety risk has been identified. For example fire alarms or fire suppression systems on more vessels.
How can I find out if my vessel is impacted by the proposed new rules?
Maritime NZ has summarised the requirements in two different ways to help people determine how the changes will impact them:
- The document ‘What does this mean for me?’ contains 14 ‘worked examples’ that illustrate how the proposed rules and maritime transport instruments will apply to most vessels in the New Zealand domestic commercial fleet.
Check if any of these examples are similar to your vessel and operation to get a sense of what the proposals will mean for you.
- A ‘snapshot’ of the proposed changes is included in Appendix 2 of the ‘Invitation to Comment - Consultation Overview’ document. This snapshot shows the main changes for each Rule Part, and the vessel type, length, and operating limits the proposals apply to. References are included to make it easy to find the actual provision in the Rule or MTI.
Use the ‘snapshot’ document to fill in the blank template which will help you summarise the specific requirements for your vessel and operation.
General requirement statements and transport instruments
What are general requirement statements?
General requirement statements in the rules describe the high-level outcome or purpose of an existing requirement but do not impose additional duties or costs. They provide direction and clarity about what the rules require and a framework for assessing rule exemptions.
For example a general requirement statement for ventilation systems is:
‘A ventilation system, including ventilation ducts and fire dampers, must be designed, constructed, and installed to reduce the risk of fire spreading on board the vessel and to preserve the integrity of gastight spaces and fire-resisting divisions’
This states what a ventilation system must achieve – but does not state how.
What is a transport instrument?
Transport instruments, are a new form of secondary legislation that contain technical details for how to meet the rules. Unlike rules, transport instruments are made and updated by the Director of Maritime NZ rather than the Minister.
This will enable technical details to be kept up to date in response to changes in standards or industry practice. Transport instruments will still need to undergo public consultation.
Harmonising and consolidating the rules
What does it mean to ‘harmonise’ rules?
Harmonise means to align rules that address the same design, construction or equipment (DCE) topics across different categories or types of vessel (e.g. fishing, passenger, non-passenger, sailing). Harmonised rules will be more straightforward to understand and apply.
There are many examples in the current rules where different categories or types of vessel have small differences in requirements for the same items of design, construction or equipment. It is proposed that, where possible these differences are being aligned, unless there is a good reason to keep them different.
In some cases, harmonising rules may involve changing requirements for some types of vessel. The impacts of these changes are often minor. Where a change is not minor, grandparenting or transition provisions have been proposed. Grandparenting means that an existing vessel would be able to continue to operate under the current rules. If the change has been made for safety reasons, it is proposed that an operator would have 2 to 5 years transition time (depending on the topic) to make the change.
What does it mean to ‘consolidate’ rules?
Consolidate means to reduce duplication across the rule set. Requirements will be grouped by topic rather than by vessel type making it easier to understand and update the rules.
New rules structure
Under the proposed new structure, the rules would be arranged in four groupings, as follows:
Grouping | Rule Part |
Survey and Certification | • Part 1A Survey and Certification |
International Convention rules | • Part 2A SOLAS • Part 2B Load Lines • Part 2C Tonnage Measurement • Part 404 Design, Construction, and Equipment – New Zealand Cape Town Vessels and Foreign Cape Town Vessels (consequential amendments) |
Topic-based rules | • Part 3A: Lifting Appliances • Part 3B: Stability, Drainage, Subdivision and Freeboard • Part 3C: Watertight and Weathertight Integrity • Part 3D: Fire Protection • Part 3E: Machinery and Ancillary Equipment • Part 3F: Electrical • Part 3G: Radio Communication • Part 3H: Life-saving Appliances • Part 3I: Accommodation and Facilities • Part 3J: Anchors and Cables • Part 3K: Navigation Equipment |
Vessels with specific activities or arrangements | • Part 4A: Other Vessels |
Survey and Certification is a core’ rule part that will apply across the series. It will collect in one place all of the requirements for the survey and certification of vessels.
Convention rules give effect to the International Conventions to which New Zealand is a signatory. The reform won’t change obligations under these conventions, but the rule parts will be updated to reflect any changes made by the International Maritime Organisation, and the formatting will follow the style used for the new rules.
Rules by topic will set the requirements for domestic commercial vessels, consolidated and harmonised by subject.
Other Vessels are those vessels that, by their nature, do not easily sit in the topic-based rules. Examples include barges, house boats and small dive boats and fishing boats that operate under a Safe Operational Plan (SOP).
Why have rules by topic? Why not base rules on the category or type of ship?
A move to rules arranged by topic has several advantages over the current arrangements.
- The reform has applied a risk-based approach to setting requirements. This means that vessels that are the same or similar, operating in the same or a similar area need to meet the same or similar requirements. Differences in vessel type are only relevant if they impact on risk. For example, a passenger vessel might require more lifesaving appliances because it carries more people.
- Arranging rules by topic allows general requirements to be introduced. These set high-level expectations for a topic that all vessels must meet.
- Arranging rules by topic is more coherent. The current approach involves a high amount of repetition, and requirements often vary between types of vessel when the reason for these differences is often not clear.
Some differences between ships will still remain, where the rules need to address an item that is specific to a particular kind of vessel.