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Insurance for workboat and pilot boat operators

Workboat and pilot boat operator insurance is the set of marine and business covers that protects commercial craft under 24 metres, their crews and the contracts they work under. It matters because charterers and harbour authorities expect cover that matches the indemnities you sign.

In short

Workboat, pilot boat and crew transfer vessel operators usually need hull and machinery, P&I or marine liability, crew employers’ liability and cover for the indemnities they give charterers. Vessels under 24 metres in commercial use are certified under the MCA Workboat Code Edition 3, in force since 13 December 2023, and operating outside the certificate can affect cover. Shore bases, loss of hire, cyber and D&O complete the programme for an established operator.

What insurance does a workboat or pilot boat operator need?

An established workboat, pilot boat or crew transfer vessel operator usually needs hull and machinery cover for each vessel, protection and indemnity (P&I) or an equivalent marine liability policy, crew employers' liability, and cover for its contractual liabilities to charterers and clients. Around that sit shore-side property, business interruption or loss of hire, motor fleet for vehicles and trailers, cyber and management liability.

The vessel is the asset that earns the revenue and creates most of the liability, so the marine policies carry the weight. Unlike a leisure boat owner, a commercial operator signs contracts that allocate risk between itself and the charterer, often on a knock-for-knock basis, and the insurance has to match what those contracts say. Our marine liability and P&I club explainers cover the basics.

Main exposures and the cover that usually responds

ExposureTypical exampleCover that usually responds
Physical damage to the vesselCollision with a turbine transition piece; engine failure at seaHull and machinery, subject to deductibles and machinery damage terms
Third party liabilityDamage to a client’s structure or another vesselP&I or marine liability, including collision liability
Injury to crewCrew member injured on deck in a heavy seaEmployers’ liability or crew cover within P&I
Injury to industrial personnel carriedTechnician hurt during a step-across transferP&I or marine liability, shaped by the charter indemnities
Contractual indemnities to charterersKnock-for-knock or hold harmless clausesContractual liability under P&I, if the contract has been disclosed and accepted
Loss of income after a casualtyVessel off charter for weeks after damageLoss of hire, where available
PollutionFuel spill after a groundingP&I pollution cover or marine pollution cover
Wreck removalVessel sinks in a fairwayP&I wreck removal, subject to limits
Shore base, workshops, sparesFire at the base destroys sparesProperty and business interruption
Vessel systems and dataRansomware hits crewing and maintenance systemsCyber cover; check marine cyber exclusions
Directors’ decisionsInvestigation after a fatalityD&O or management liability

The Workboat Code and the rules that matter

Workboat Code Edition 3. The MCA's Workboat Code Edition 3 came into force on 13 December 2023. It applies to vessels of less than 24 metres load line length in commercial use, including pilot boats, and brings together standards that operators previously had to read across several codes. It is given legal effect by the Merchant Shipping (Small Workboats and Pilot Boats) Regulations 2023. Under the code, a workboat may carry cargo and not more than an aggregate of 12 passengers and industrial personnel. Vessels are certified by Certifying Authorities authorised by the MCA, with annual examinations, and the hull and underwater fittings must be examined out of the water at least every three years. The code is being phased in as vessels go through their regular certification process, and existing certificated vessels must meet its applicable requirements at the time of examination, subject to the transitional arrangements in the code. Dedicated pilot boats and workboats with a pilot boat endorsement have their own section of the code.

Why it matters to insurers. A valid certificate, with the right area category and manning, is normally a condition of operating lawfully. Operating outside the certificate, for example carrying more personnel than permitted or working beyond the certified area, can give an insurer grounds to decline a claim, depending on the policy terms.

Limitation of liability. Section 185 of the Merchant Shipping Act 1995 gives the force of law to the Convention on Limitation of Liability for Maritime Claims 1976. Owners can usually limit their liability for many claims by reference to the vessel's tonnage, but limitation does not apply to every claim and can be lost, so it is no substitute for adequate limits.

Employers' liability. The Employers’ Liability (Compulsory Insurance) Regulations 1998 set a minimum of £5 million for any one occurrence. Offshore wind and port clients commonly ask for higher limits in their contracts.

Illustrative examples

These are illustrative scenarios, not real claims.

Example 1: crew transfer vessel contact with a turbine

A crew transfer vessel makes heavy contact with a turbine boat landing. Hull damage falls to hull and machinery. Damage to the turbine structure is a third party claim, but under a knock-for-knock charter the wind farm owner may bear its own property loss, so the operator's P&I exposure depends on how the charter allocates risk.

Example 2: pilot injured during boarding

A pilot boat operator under contract to a harbour authority loses a pilot overboard during transfer. If the pilot is employed by the authority, the claim may be against the operator as a third party; if the pilot is the operator's own employee, it falls to employers' liability. Either way, transfer procedures and crew training records will be scrutinised.

Example 3: survey workboat off hire

A multicat suffers a gearbox failure mid contract. Machinery damage is subject to the hull terms and deductible, and the lost charter income only responds if loss of hire was bought.

What underwriters usually want to see

Common mistakes and misunderstandings

When to review your programme

Review your programme when you add vessels, move into offshore wind or a new trading area, take on a long-term charter with non-standard terms, recertify vessels under the new code, or bring pilot boat work for a harbour authority in house. Our insurance programme review tests every contract against the policies that should respond. Related guides cover harbour authorities, marinas and boatyards and boatbuilders and repairers, and the marine trades insurance hub covers the wider sector. For background, see marine insurance explained.

Apex arranges insurance for workboat and pilot boat operators; a broker reads every enquiry.

Sources

Frequently asked

What is the Workboat Code Edition 3?

It is the MCA's safety code for commercially operated vessels of less than 24 metres load line length, including pilot boats. It came into force on 13 December 2023 under the Merchant Shipping (Small Workboats and Pilot Boats) Regulations 2023, and combines earlier codes into one publication. It is being phased in as vessels go through their regular certification.

Do crew transfer vessels need P&I cover?

Commercial operators commonly buy P&I or an equivalent marine liability policy, because clients in offshore wind and ports often require evidence of liability cover and contractual indemnities. P&I typically covers third party injury, collision liability, pollution and wreck removal, subject to the rules and the charter terms having been accepted.

How many people can a workboat carry?

Under the Workboat Code Edition 3, a workboat may carry cargo and not more than an aggregate of 12 passengers and industrial personnel. Carrying more than the certificate allows can breach the vessel's certification and may affect insurance cover, depending on the policy terms.

Does a knock-for-knock charter mean I don't need liability insurance?

No. Knock-for-knock clauses allocate certain losses between the parties, but they rarely cover every scenario, and third parties outside the contract can still claim. Your liability insurance also usually needs to support the indemnities you give, so the charter terms should be reviewed with your broker.

Mid-sized business? Have your programme reviewed

Send us your current schedules or renewal pack and we will review the whole programme and tell you plainly what to keep and what to change. No fee and no obligation. Or call 0117 325 0027.

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Apex Insurance Brokers Limited is authorised and regulated by the Financial Conduct Authority. Registered in England and Wales, company number 07014570. This page is general information, not advice on your individual circumstances, and it does not guarantee that cover will be available or on what terms.