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Merchant Shipping Act 2010

I gCúrsaí Gearr

Is éard atá i gceist leis an dlí seo ná forálacha a dhéanamh maidir le héifeacht bhreise a thabhairt do chonarthaí idirnáisiúnta áirithe a bhaineann le sábháilteacht ar muir, rochtain do dhaoine faoi mhíchumas ar árthaí paisinéirí, agus árthaí báite a ardú. Leasaíonn sé freisin dlíthe reatha maidir le loingseoireacht cheannaíochta.

Cad a Rialálann sé

  • Rialacha maidir le tógáil, raidió, loingseoireacht, rianú, agus iompróirí bulc-lasta.
  • Rialacha agus rialacháin shonracha d’árthaí amhail tancaeir cheimiceacha, árthaí iompair gáis leachtaithe, árthaí iompair núicléacha, agus árthaí ardluais.
  • Rochtain do dhaoine faoi mhíchumas ar árthaí paisinéirí.
  • An chumhacht chun árthaí báite a ardú agus a dhiúscairt.

Cé a Bhaineann sé Leis

  • Úinéirí agus máistrí long.
  • Comhlachtaí corparáideacha a bhaineann le loingseoireacht.

Príomhphointí

  • Déantar rialacha tógála, raidió, loingseoireachta agus rianaithe a shainiú.
  • Déantar rialacha sonracha a fhorchur ar thancaeir cheimiceacha, árthaí iompair gáis leachtaithe, árthaí iompair núicléacha, agus árthaí ardluais, lena n-áirítear ceanglais maidir le deimhniú agus dualgais úinéirí agus máistrí.
  • Déantar foráil maidir le rialacháin chun rochtain a éascú do dhaoine faoi mhíchumas ar árthaí paisinéirí.
  • Tugtar an chumhacht chun árthaí báite a ardú agus a dhiúscairt, agus déantar foráil maidir le díolúintí ó éilimh.
Legal text
Legal text

Merchant Shipping Act 2010 Skip to content Disclaimer Feedback Helpdesk Gaeilge Léim go dtí an t-ábhar Séanadh Aiseolas Deasc chabhrach English Gaeilge English Produced by the Office of the Attorney General Táirgthe ag Oifig an Ard-Aighne Home Legislation Acts of the Oireachtas Statutory Instruments Pre-1922 Legislation Constitution External Resources Bills (Houses of the Oireachtas) Iris Oifigiúil / Official Gazette Revised Acts (LRC) Classified List of Legislation (LRC) Translations (acts.

  1. ie)Translations (Houses of the Oireachtas) Government Publications for Sale EU Law (EUR-Lex) FAQ Disclaimer Feedback Helpdesk Search Baile Reachtaíocht Achtanna an Oireachtais Ionstraimí Reachtúla Reachtaíocht Réamh-1922 Bunreacht Acmhainní Seachtracha Billí (Tithe an Oireachtais) Iris Oifigiúil Achtanna Athbhreithnithe (CAD) (An Coimisiún um Athchóiriú an Dlí) Liosta Rangaithe Reachtaíochta Aistriúcháin (achtanna.
  2. ie)Aistriúcháin (Tithe an Oireachtais) Foilseacháin Rialtais ar Díol Dlí AE (EUR-Lex) CCanna (Ceisteanna Coitianta) Séanadh Aiseolas Deasc chabhrach Cuardach TitleTeideal Year(
  3. s)or rangeBliain nó blianta nó raon TypeCineál All Legislation Acts Statutory Instruments Advanced SearchCuardach Casta HomeBaile ActsAchtanna 2010 Merchant Shipping Act 2010 Merchant Shipping Act 2010 Permanent Page URL View by SectionAmharc de réir Ailt View Full ActAmharc ar an Acht Iomlán Bill History Stair Bille Commencement, Amendments, SIs made under the Act Tosach Feidhme, Leasuithe, IRí arna ndéanamh faoin Acht Revised Act Acht Athbh… Open PDFOscail PDF Print Full ActPriontáil an tAcht Iomlán Number 14 of 2010 MERCHANT SHIPPING ACT 2010 ARRANGEMENT OF SECTIONS PART 1 Preliminary and General Section 1. Short title and collective citation. 2. Definitions. 3. Expenses. 4. Offence by body corporate and summary proceedings. 5. Laying of orders, regulations and rules before Houses of Oireachtas. PART 2 Construction, Radio, Navigation and Tracking and Bulk Carrier Rules and Categorisation of Vessels 6. Definitions — Act of 1952. 7. Construction rules. 8. Radiocommunications rules. 9. Navigation and tracking rules. 10. Exemption of certain ships from certain provisions of Act of 1952. 11. Increase of fines, etc. (Act of 1952). 12. Cargo ship construction and survey rules. 13. Cargo ship safety certificate. 14. Bulk carrier rules. 15. Categorisation of vessels under safety regulations. PART 3 RULES AND REGULATIONS FOR CERTAIN VESSELS Chapter 1 Chemical Tanker Rules 16. Definitions (Chapter 1). 17. Application (Chapter 1). 18. Chemical tanker rules. 19. Certification and endorsement (Chapter 1). 20. Duties of owners and masters (Chapter 1). 21. Compliance (Chapter 1). 22. Transfer of ship (Chapter 1). 23. Powers of surveyors (Chapter 1). 24. Offences (Chapter 1). Chapter 2 Liquefied Gas Carriage Rules 25. Definitions (Chapter 2). 26. Application (Chapter 2). 27. Liquefied gas carriage rules. 28. Certification and endorsement (Chapter 2). 29. Duties of owners and masters (Chapter 2). 30. Compliance (Chapter 2). 31. Transfer of ship (Chapter 2). 32. Powers of surveyors (Chapter 2). 33. Offences (Chapter 2). Chapter 3 Nuclear Carriage Rules 34. Definitions (Chapter 3). 35. Application (Chapter 3). 36. Nuclear carriage rules. 37. Certification. 38. Duties of owners and masters (Chapter 3). 39. Compliance (Chapter 3). 40. Powers of surveyors (Chapter 3). 41. Offences (Chapter 3). Chapter 4 High-Speed Craft 42. Definitions (Chapter 4). 43. Application (Chapter 4). 44. High-speed craft rules. 45. Certification and endorsement of high-speed craft (Chapter 4). 46. Duties of owners and masters (Chapter 4). 47. Compliance (Chapter 4). 48. Powers of surveyors (Chapter 4). 49. Offences (Chapter 4). Chapter 5 Tendering Operations Regulations 50. Definitions (Chapter 5). 51. Application (Chapter 5). 52. Tendering operations regulations. 53. Issue of permit to tender. 54. Duties of owners and masters (Chapter 5). 55. Powers of surveyors (Chapter 5). 56. Offences (Chapter 5). Chapter 6 Safe Manning Regulations 57. Definitions (Chapter 6). 58. Application (Chapter 6). 59. Safe manning regulations. 60. Safe manning document. 61. Duties of owners and masters (Chapter 6). 62. Powers of surveyors (Chapter 6). 63. Offences (Chapter 6). Chapter 7 Unsafe ships 64. Application (Chapter 7). 65. Detention. 66. Notice of detention. PART 4 Access for Persons with Reduced Mobility to Passenger Vessels 67. Definitions (Part 4). 68. Regulations. 69. Codes of practice. 70. Use of codes of practice in criminal proceedings. 71. Authorised persons. 72. Powers of authorised persons. 73. Fixed payment notice (Part 4). Part 5 Raising of Sunken Vessels 74. Definitions (Part 5). 75. Power to raise sunken vessel. 76. Disposal of a raised vessel. 77. Costs. 78. Immunities from claims. 79. Obstruction. 80. Notification to receiver of wreck. 81. Foreign vessels raised under Part 5. PART 6 Safety Measures 82. Rules for life-saving appliances and arrangements. 83. Approval of service stations. 84. Fire protection rules. 85. Entry into log-book of boat-drill, etc. 86. Prohibition on proceeding to sea on international voyage without approved signalling lamp or device. PART 7 Maritime Labour Convention 2006 87. Maritime Labour Convention 2006. PART 8 Miscellaneous 88. Prohibition on obstruction of surveyor of ships. 89. Application to Circuit Court — compliance order and appeals. 90. Fees — Certificates and inspections under Act and surveys under Act of 1952. 91. Fees — Merchant Shipping (Certification of Seamen) Act 1979. 92. Confirmation of acts of Marine Casualty Investigation Board. 93. Medical fitness of pilots and repeal. Acts Referred to Disability Act 2005 2005, No. 14 Employment Equality Act 1998 1998, No. 21 Harbours Act 1996 1996, No. 11 Maritime Safety Act 2005 2005, No. 11 Mercantile Marine Act 1955 1955, No. 29 Merchant Shipping (Certification of Seamen) Act 1979 1979, No. 37 Merchant Shipping (Investigation of Marine Casualties) Act 2000 2000, No. 14 Merchant Shipping (Miscellaneous Provisions) Act 1998 1998, No. 20 Merchant Shipping (Safety Convention) Act 1952 1952, No. 29 Merchant Shipping (Salvage and Wreck) Act 1993 1993, No. 34 Merchant Shipping Act 1894 1894, c. 60 Merchant Shipping Act 1906 1906, c. 48 Merchant Shipping Act 1966 1966, No. 20 Merchant Shipping Act 1981 1981, No. 33 Merchant Shipping Act 1992 1992, No. 2 Merchant Shipping Acts 1894 to 2000 Merchant Shipping Acts 1894 to 2005 Sea Pollution (Hazardous Substances) (Compensation) Act 2005 2005, No. 9 Number 14 of 2010 MERCHANT SHIPPING ACT 2010 AN ACT TO MAKE PROVISION IN RELATION TO GIVING FURTHER EFFECT TO THE INTERNATIONAL CONVENTION FOR THE SAFETY OF LIFE AT SEA SIGNED IN LONDON ON 1 NOVEMBER 1974 AND ITS PROTOCOLS, PROVIDING ACCESS TO PASSENGER VESSELS FOR PERSONS WITH REDUCED MOBILITY, TO ENABLE SUNKEN VESSELS TO BE RAISED, TO GIVE THE FORCE OF LAW TO THE MARITIME LABOUR CONVENTION 2006 ADOPTED AT GENEVA ON 23 FEBRUARY 2006, TO AMEND THE MERCHANT SHIPPING ACTS 1894 TO 2005 AND TO AMEND AND EXTEND PART IV OF THE HARBOURS ACT 1996 AND TO PROVIDE FOR RELATED MATTERS. [3rd July, 2010] BE IT ENACTED BY THE OIREACHTAS AS FOLLOWS: PART 1 Preliminary and General Short title and collective citation. 1.—

(1)This Act may be cited as the Merchant Shipping Act 2010.
(2)The Merchant Shipping Acts 1894 to 2000, section 28 of the Sea Pollution (Hazardous Substances) (Compensation) Act 2005 , the Maritime Safety Act 2005 (other than Parts 5 and 6) and this Act (other than section 93 ) may be cited together as the Merchant Shipping Acts 1894 to 2010. Definitions. 2.— In this Act— “ Act of 1952 ” means Merchant Shipping (Safety Convention) Act 1952; “ Act of 1966 ” means Merchant Shipping Act 1966; “ Act of 1992 ” means Merchant Shipping Act 1992; “ Act of 2000 ” means Merchant Shipping (Investigation of Marine Casualties) Act 2000; “ Act of 2005 ” means Maritime Safety Act 2005; “ bulk carrier rules ” means rules made under section 14 ; “ cargo ship construction and survey rules ” means rules made under section 3 of the Act of 1966; “ collision regulations ” means regulations made under section 418 of the Principal Act; “ fire protection rules ” means rules made under section 84 ; “ Irish ship ” means a ship, other than a ship of war, known as such under section 9 of the Mercantile Marine Act 1955 ; “ master ”, in relation to a ship, means the person having, for the time being, the command or charge of the ship; “ Merchant Shipping Acts ” means Merchant Shipping Acts 1894 to 2010; “ Minister ” means Minister for Transport; “navigation and tracking rules” means rules made under section 18 of the Act of 1952; “owner”, in relation to a ship, means the person registered in the State, as its owner or, if no person is so registered, the person who owns the ship, and includes any part owner, charterer, manager or operator of the ship; “Principal Act” means Merchant Shipping Act 1894 ; “radio rules” means rules made under section 15 of the Act of 1952; “recognised organisation” means an organisation authorised by the Minister under the European Communities (Ship Inspection and Survey Organisations) Regulations 2003 ( S.I. No. 301 of 2003 ) to carry out surveys or inspections; “rules for life-saving appliances” means rules made under section 82 ; “Safety Convention” has the meaning assigned to it by section 3
(1)of the Act of 1952; “surveyor of ships” means a person appointed under section 724 of the Principal Act to be a surveyor of ships for the purposes of that Act and includes a recognised organisation; “survival craft” means a craft capable of sustaining the lives of persons in distress from the time of abandoning a ship. Expenses. 3.— The expenses of the Minister in the administration of this Act shall, to such extent as may be sanctioned by the Minister for Finance, be paid out of monies provided by the Oireachtas. Offence by body corporate and summary proceedings. 4.—
(1)Where an offence under this Act is committed by a body corporate and is proved to have been so committed with the consent or connivance of, or to be attributable to, any neglect on the part of any person, being a director, manager, secretary or other officer of the body corporate, or a person who was purporting to act in any such capacity, that person, as well as the body corporate, commits an offence and is liable to be proceeded against and punished as if he or she were guilty of the first-mentioned offence.
(2)The Minister may prosecute summarily an offence under this Act. Laying of orders, regulations and rules before Houses of Oireachtas. 5.— Every order, regulation and rule made under this Act shall be laid before each House of the Oireachtas as soon as may be after they are made and, if a resolution annulling the order, regulation or rule is passed by either such House within the next 21 days on which that House has sat after the instrument is laid before it, the order, regulation or rule shall be annulled accordingly, but without prejudice to the validity of anything previously done thereunder. PART 2 Construction, Radio, Navigation and Tracking and Bulk Carrier Rules and Categorisation of Vessels Definitions — Act of 1952. 6.—
(1)Section 3
(1)(as amended by section 20
(4)(
  1. a)of the Act of 1966) of the Act of 1952 is amended by— (
  2. a)substituting for the definition of “ the Minister ” the following: “ ‘ Irish ship ’ means a ship, other than a ship of war, known as such under section 9 of the Mercantile Marine Act 1955 ; ‘ master ’, in relation to a ship, means the person having, for the time being, the command or charge of the ship; ‘ Merchant Shipping Acts ’ means Merchant Shipping Acts 1894 to 2010; ‘ Minister ’ means Minister for Transport; ‘ navigation and tracking rules ’ means rules made under section 18; ‘ owner ’, in relation to a ship, means the person registered in the State, as its owner or, if no person is so registered, the person who owns the ship, and includes any part owner, charterer, manager or operator of the ship;”, (
  3. b)deleting the definition of “rules for direction-finders”, and (
  4. c)substituting for the definition of “the Safety Convention” the following: “ ‘ Safety Convention ’ means the International Convention for the Safety of Life at Sea signed in London on behalf of the Government on 1 November 1974 together with the Protocol to the International Convention for the Safety of Life at Sea signed in London on behalf of the Government on 17 February 1978 and the Protocol to the International Convention for the Safety of Life at Sea signed in London on behalf of the Government on 11 November 1988 and any amendments made to it up to and including those adopted by the 85th session of the Maritime Safety Committee of the International Maritime Organisation held between 26 November and 5 December 2008 and which have entered into force in respect of the State pursuant to Article VIII prior to the passing of the Merchant Shipping Act 2010;”.
(2)Subsection
(2)of section 1 and paragraph (a) of section 2 of the Act of 1966 are repealed. Construction rules. 7.—
(1)The Act of 1952 is amended by substituting for section 10 the following: “10.—
(1)The Minister may make rules (‘ construction rules’ ) prescribing the— (
  1. a)requirements that the hull, superstructure, subdivision and stability, electrical installations, equipment and machinery of and fuel used in passenger steamers registered in the State, or other passenger steamers while in the territorial seas or elsewhere in the State, must comply with, and (
  2. b)requiring such steamers to be surveyed to such extent and in such manner and at such intervals, as may be prescribed.
(2)In making construction rules the Minister may categorise passenger steamers into different classes, where appropriate, having regard to one or more of the following: (
  1. a)the size, shape, speed or configuration of such steamers; (
  2. b)the service for which such steamers are to be employed; (
  3. c)the nature and duration of voyages to be undertaken; (
  4. d)the number of passengers or other persons, or both, that such steamers are designed to carry on board; (
  5. e)such other matter or matters that the Minister considers appropriate to take into account in the circumstances; (
  6. f)the type of cargo carried, including dangerous goods; (
  7. g)the age and date of construction of steamers.
(3)Different construction rules may be made in respect of different classes of passenger steamers and in relation to different classes of passenger steamers for different circumstances and for different areas of operation.
(4)Construction rules shall include such requirements as appear to the Minister to be necessary to implement the provisions of the Safety Convention prescribing the requirements that the hull, superstructure, subdivision and stability, electrical installations, equipment and machinery of and fuel used in passenger steamers must comply with, except so far as those provisions are implemented by rules for life-saving appliances, radio rules, navigation and tracking rules, collision regulations or fire protection rules.
(5)Construction rules may require the provision in ships to which this section applies— (
  1. a)of plans exhibited as provided by or under the rules, and of other information, relating to the boundaries of watertight compartments, the openings in them, the means of closing such openings and the arrangements for correcting any list due to flooding, and (
  2. b)of information necessary for the guidance of the master in maintaining sufficient stability to enable the ship to withstand damage.
(6)Any survey carried out on a steamer to which this section applies in accordance with rules made under subsection
(1)(b) is a survey for the purpose of sections 271
(1)and 272 of the Principal Act.
(7)The powers conferred on the Minister by this section are in addition to the powers conferred by any other enactment enabling him or her to prescribe the requirements that passenger steamers must comply with.
(8)In this section, other than subsection
(1)(b) ‘ passenger steamer ’ includes a ‘ passenger ship ’ within the meaning of section 2
(1)of the Act of 1992.”.
(2)Section 9 of the Act of 1966 and section 29 of the Act of 1992 are repealed. Radiocommunications rules. 8.—
(1)The following section is substituted for section 15 of the Act of 1952: “15.—
(1)The Minister, after consultation with the Minister for Communications, Energy and Natural Resources, may make rules (‘ radio rules’ ) requiring— (
  1. a)ships to which this section applies to be provided with a radio installation, other than a radio navigational aid, of such a nature as may be prescribed by the rules, (
  2. b)to maintain such a radio service and to carry such number of persons, of such grades and possessing such qualifications, as may be prescribed, and (
  3. c)such ships to be surveyed to such extent and in such manner and at such intervals, as may be prescribed.
(2)Radio rules may contain provisions for preventing so far as practicable electrical interference with the radio installation by other apparatus on board.
(3)Any survey carried out on a ship to which this section applies in accordance with rules made under subsection
(1)(c) is a survey for the purposes of section 271
(1)and 272 (as applied by section 27
(2)of the Act of 1952 and section 3
(4)of the Act of 1966) of the Principal Act.
(4)This section applies to all ships registered in the State and to other sea-going ships while they are within any port in the State.
(5)In making radio rules the Minister may categorise ships into different classes, where appropriate, having regard to one or more of the following: (
  1. a)the service for which such ships are to be employed; (
  2. b)the nature and duration of voyages to be undertaken; (
  3. c)the number of passengers or other persons, or both, that such ships are designed to carry on board; (
  4. d)such other matter or matters that the Minister considers appropriate to take into account in the circumstances.
(6)Different radio rules may be made in respect of different classes of ships and in relation to different classes of ships for different circumstances and different areas of operation.
(7)Radio rules shall include such requirements as appear to the Minister to be necessary to implement the provisions of the Safety Convention relating to radiocommunications.
(8)Radio rules may prescribe requirements for such portable radio apparatus as boats, survival craft or life-rafts may be required to carry by the rules for life-saving appliances.
(9)Without prejudice to the generality of the preceding provisions of this section, radio rules may— (
  1. a)prescribe the duties of radio personnel, including the duty of keeping a radio log-book; (
  2. b)apply to any radio log-book required to be kept under the rules any of the provisions of section 242 of the Principal Act (which provides for the delivery of the official log-book to the superintendent) and of section 256 of that Act (which provides among other things for the custody of the official log-book); (
  3. c)require the master of a ship to cause to be entered in the official log-book such particulars relating to the operation of the radio installation, and the maintenance of the radio service, as may be specified in the rules; (
  4. d)require the notification to the Minister of such details as the Minister may require in relation to radio installations.
(10)If the master of a ship fails to cause an entry to be made in the log-book of the ship in contravention of rules made under paragraph (c), or if any person contravenes any rules made under paragraph (a), of subsection
(9), he or she commits an offence and is liable on summary conviction to a fine not exceeding €1,000.
(11)If radio rules are contravened in any other respect in relation to any ship, the owner or master of the ship commits an offence and is liable— (
  1. a)on summary conviction, to a fine not exceeding €5,000, or (
  2. b)on conviction on indictment, to a fine not exceeding €100,000.
(12)A surveyor of ships may board and inspect— (
  1. a)any ship, for the purpose of seeing that it is properly provided with a radio installation and radio personnel, and (
  2. b)any boat or life-raft on board the ship, for the purposes of seeing that it carries the required portable radio apparatus, in conformity with radio rules.
(13)If a surveyor of ships in making an inspection under subsection
(12)finds that— (
  1. a)the ship is not provided with radio installation or personnel, or (
  2. b)a boat, survival craft or life-raft on board does not carry portable radio apparatus, in conformity with radio rules he or she shall give to the owner or master notice in writing pointing out the deficiency.
(14)A surveyor of ships may board and inspect any ship for the purposes of seeing that a deficiency has been remedied in accordance with a notice under subsection
(13).
(15)A surveyor of ships may for the purposes of an inspection make such tests (either on the ship or ashore or at dock) ask such questions, inspect such documents or records and have access to such installation or other apparatus as he or she considers appropriate for that purpose.
(16)If a ship, in respect of which a notice has been given to its owner or master under subsection
(13)which requires the deficiency to be remedied before the ship proceeds to sea, proceeds or attempts to proceed to sea without the deficiency being remedied as required in the notice, then the master or owner (as the case may
  1. be)commits an offence and is liable— (
  2. a)on summary conviction, to a fine not exceeding €5,000, or (
  3. b)on conviction on indictment, to a fine not exceeding €100,000.”.
(2)The Act of 1952 is amended— (a) in section 16
(2), by substituting “Minister for Communications, Energy and Natural Resources” for “Minister for Posts and Telegraphs”, (b) in section 17
(1)by substituting “radiocommunications installation” for “radio telegraph installation”, (c) in sections 23
(1),
(2)(a) and
(3), 26
(1)(b)(ii), 27
(3)and
(4), 30
(3)and 31
(2)(b), by substituting “radiocommunications” for “radiotelegraphy, radiotelephony”, and (d) in section 28
(3)by substituting for paragraphs (
  1. c)and (
  2. d)the following: “(
  3. c)except where such certificate states that the ship is wholly exempt from the provisions of the Safety Convention relating to radiocommunications, that the number, grades and qualifications of personnel on board correspond with those shown in the certificate; or (
  4. d)that any conditions on which such a certificate, being the equivalent of an exemption certificate, is issued are complied with.”.
(3)Sections 11 and 12 of the Act of 1966 are repealed.
(4)Section 7 of the Act of 1992 is amended by substituting “radiocommunications” for “radiotelegraph or radiotelephone”. Navigation and tracking rules. 9.—
(1)The following section is substituted for section 18 of the Act of 1952: “18.—
(1)The Minister may make rules (‘ navigation and tracking rules’ ) requiring ships to which this section applies to be provided with navigation and tracking systems and equipment of such a nature as may be prescribed by the rules including requirements relating to their position and method of fitting and to maintain such systems as may be so prescribed.
(2)This section applies to all ships registered in the State and to other ships while they are within any port in the State.
(3)In making navigation and tracking rules the Minister may categorise ships into different classes, where appropriate, having regard to one or more of the following: (
  1. a)the size, shape, speed or configuration of such ships; (
  2. b)the service for which such ships are to be employed; (
  3. c)the nature and duration of voyages to be undertaken; (
  4. d)the number of passengers or other persons, or both, that such ships are designed to carry on board; (
  5. e)such other matter or matters that the Minister considers appropriate to take into account in the circumstances.
(4)Different rules may be made in respect of different classes of ships and in relation to different classes of ships for different circumstances and different areas of operation.
(5)Navigation and tracking rules shall include such requirements as appear to the Minister to be necessary to implement the provisions of the Safety Convention relating to navigation and tracking systems and equipment.
(6)Without prejudice to the generality of the preceding provisions of this section, navigation and tracking rules may require notification to the Minister of the identity, the position, the date and time, and other relevant details regarding a ship on which such systems and equipment are positioned.
(7)If navigation and tracking rules are contravened in any respect in relation to any ship, the owner or master of the ship commits an offence and is liable— (
  1. a)on summary conviction, to a fine not exceeding €5,000, or (
  2. b)on conviction on indictment, to a fine not exceeding €100,000.
(8)A surveyor of ships may board and inspect— (
  1. a)any ship, for the purpose of seeing that it is properly provided with the required systems, and (
  2. b)any boat, survival craft or life-raft on board the ship, for the purposes of seeing that it carries the required systems, in conformity with navigation and tracking rules.
(9)If a surveyor of ships in making an inspection under subsection
(8)finds that the ship is not provided with navigation and tracking systems and equipment in conformity with the navigation and tracking rules, he or she shall give to the owner or master notice in writing pointing out the deficiency.
(10)A surveyor of ships may board and inspect any ship for the purposes of seeing that a deficiency is remedied in accordance with a notice under subsection
(9).
(11)A surveyor of ships may for the purposes of an inspection make such tests (either on the ship or ashore or at dock), ask such questions, inspect such documents or records and have access to such systems or equipment as he or she considers appropriate for that purpose.
(12)If a ship, in respect of which a notice has been given to its owner or master under subsection
(9), which requires the deficiency to be remedied before the ship proceeds to sea, proceeds or attempts to proceed to sea without the deficiency being remedied as required in the notice, then the master or owner (as the case may
  1. be)commits an offence and is liable— (
  2. a)on summary conviction, to a fine not exceeding €5,000, or (
  3. b)on conviction on indictment, to a fine not exceeding €100,000.”.
(2)Section 19 of the Act of 1952 is repealed.
(3)The Act of 1952 is amended— (a) in sections 20
(1)and
(3), 23
(1),
(2)and
(3), 24, 25
(2)and 30
(3)by substituting “navigation and tracking rules” for “rules for direction-finders”, and (b) in sections 23
(1), 23
(2)(a), 23
(3), 26
(1)(b)(ii), 27
(3)and
(4), 30
(3)and 31
(2)(b) by substituting “navigation and tracking systems and equipment” for “direction-finders”.
(4)Sections 10 and 11 of the Merchant Shipping Act 1981 are repealed. Exemption of certain ships from certain provisions of Act of 1952. 10.—
(1)The following section is substituted for section 46 of the Act of 1952: “46.—
(1)Nothing in this Act— (
  1. a)prohibiting or preventing a ship from proceeding to sea unless there are in force in relation to the ship, or are produced, the appropriate certificates issued by the Minister under this Act or the appropriate accepted Safety Convention certificates, (
  2. b)conferring powers on a surveyor of ships for the purpose of verifying the existence, validity or correctness of any Safety Convention certificate or that the conditions on which any such certificate was issued are complied with, (
  3. c)requiring information about a ship’s stability to be carried on board, or (
  4. d)imposing a penalty for the contravention of any rules relating to openings in ships’ hulls and watertight bulkheads, unless in the case of information about a ship’s stability the Minister otherwise orders, applies to any troopship.
(2)Nothing in subsection
(1)affects the exemption conferred by section 741 of the Principal Act on ships belonging to the State.
(3)Notwithstanding that any provision of this Act is expressed to apply to ships not registered in the State while they are within any port in the State, that provision does not apply to a ship that would not be within any such port but for stress of weather or any other circumstance, that neither the master nor the owner of the ship could have prevented or forestalled.”.
(2)Section 16 of the Act of 1966 is repealed. Increase of fines, etc. (Act of 1952). 11.— The Act of 1952 is amended— (a) in section 20
(1)by inserting “fire protection rules,” after “rules for life-saving appliances,”, (b) in section 21
(2), by substituting “€500” for “twenty pounds”, (c) in sections 22
(1)and 22
(2)by the inclusion of “and fire protection rules” after “life-saving appliances”, (d) in section 25
(3), by substituting, “€1,000” for “fifty pounds”, and (
  1. e)in section 26— (
  2. i)by substituting for subsection
(4)the following: “
(4)If any ship proceeds, or attempts to proceed, to sea in contravention of this section— (
  1. a)in the case of a passenger steamer, the owner or master of the steamer, without prejudice to any other remedy or penalty under the Merchant Shipping Acts commits an offence and is liable— (
  2. i)on summary conviction, to a fine not exceeding €5,000, or (
  3. ii)on conviction on indictment, to a fine not exceeding €100,000, or (
  4. b)in the case of a ship not being a passenger steamer, the owner or master of the ship commits an offence and is liable on summary conviction to a fine not exceeding €5,000,”, (
  5. ii)by deleting subsection
(5), and (iii) in subsection
(7), by substituting “€5,000” for “one hundred pounds”. (f) in section 35— (i) in subsection
(1), by substituting “an Irish ship” for “any ship registered in the State”, (ii) in subsection
(3), by substituting “€2,000” for “fifty pounds”, and (iii) in subsection
(4), by substituting “Minister for Communications, Energy and Natural Resources” for “Minister for Post and Telegraphs” in each place it occurs, (g) in section 36
(2), by substituting “€2,000” for “fifty pounds”, (
  1. h)in section 37— (
  2. i)in subsection
(1)and
(2), by substituting “an Irish ship” for “a ship registered in the State”, (ii) by substituting for subsection
(5), the following: “
(5)If a master fails to comply with subsection
(1)or
(2)he or she commits an offence and is liable on summary conviction to a fine not exceeding €5,000.”, and (iii) in subsection
(6), by substituting— (I) “an Irish ship” for “a ship registered in the State”, and (II) “€2,000” for “one hundred pounds”, and (iv) in subsection
(7), by substituting “Irish ship” for “ship registered in the State”, (
  1. i)in section 38— (
  2. i)by substituting for paragraph (
  3. a)the following: “(
  4. a)Irish ships, and”, (
  5. ii)by substituting for subsection
(3)the following: “
(3)If any of the rules made under this section is not complied with in relation to any ship, the owner or master of the ship commits an offence and is liable— (
  1. a)on summary conviction, to a fine not exceeding €5,000, or (
  2. b)on conviction on indictment, to a fine not exceeding €100,000, and the ship is deemed for the purposes of Part V of the Principal Act to be unsafe by reason of improper loading.”, (
  3. j)in section 39— (
  4. i)by substituting for subsection
(4)the following: “
(4)If any person commits an offence under subsection
(1)or
(2), the person is liable— (
  1. a)on summary conviction, to a fine not exceeding €5,000, or (
  2. b)on conviction on indictment, to a fine not exceeding €100,000.”, (
  3. ii)by deleting subsection
(5), and (iii) by substituting for subsection
(6)the following: “
(6)A surveyor of ships or a person authorised by the Minister in that behalf may for securing the observance of the requirements of this section— (
  1. a)board a ship and inspect any grain found on it, and (
  2. b)(
  3. i)ask the master of the ship or any member of the crew such questions or make such requests, and (
  4. ii)inspect such documents, relating to the grain and its storage.”, (
  5. k)in section 40
(2), by substituting “€1,000” for “fifty pounds”, (l) in section 41
(2), by substituting “€5,000” for “one hundred pounds”, and (m) in section 42
(2), by substituting “€1,000” for “twenty pounds”. Cargo ship construction and survey rules. 12.—
(1)Section 1
(1)of the Act of 1966 is amended by substituting for the definition of “the Minister” the following: “ ‘ Irish ship ’ means a ship, other than a ship of war, known as such under section 9 of the Mercantile Marine Act 1955 ; ‘ master ’, in relation to a ship, means the person having, for the time being, the command or charge of the ship; ‘ Minister ’ means Minister for Transport; ‘ owner ’, in relation to a ship, means the person registered in the State, as its owner or, if no person is so registered, the person who owns the ship, and includes any part owner, charterer, manager or operator of the ship;”.
(2)Section 3 of the Act of 1966 is amended by substituting for subsections
(1),
(2)and
(3)the following: “3.—
(1)The Minister may make rules (‘ cargo ship construc tion and survey rules’ ) prescribing— (
  1. a)requirements for the hull, superstructure, subdivision and stability, electrical installations, equipment and machinery, fuel used in and fire protection of ships to which this section applies, and (
  2. b)requiring any such ships which are Irish ships to be surveyed to such extent, in such manner and at intervals as may be prescribed by the rules. (1A) In making cargo ship construction and survey rules the Minister may categorise ships into different classes, where appropriate, having regard to one or more of the following: (
  3. a)the size, shape, speed or configuration of such ships; (
  4. b)the service for which such ships are to be employed; (
  5. c)the nature and duration of voyages to be undertaken; (
  6. d)the number of passengers or other persons, or both, that such ships are designed to carry on board; (
  7. e)such other matter or matters that the Minister considers appropriate to take into account in the circumstances; (
  8. f)the type of cargo carried, including dangerous goods; (
  9. g)the age and date of construction of such ships. (1B) Different rules may be made in respect of different classes of ships and in relation to different classes of ships for different circumstances and different areas of operation.
(2)Cargo ship construction and survey rules shall include such requirements as appear to the Minister to be necessary to implement the provisions of the Convention relating to the hull, superstructure, subdivision and stability, electrical installations, equipment and machinery of and fuel used in such ships, except so far as those provisions are implemented by any other rules or regulations made under the Merchant Shipping Acts.
(3)This section applies to all ships other than passenger steamers, warships, troopships and fishing vessels. It applies to ships not registered in the State only while they are within a port in the State and are not exempted from the cargo ship construction and survey rules under the following provisions of this Act.”.
(3)Section 4
(1)of the Act of 1966 is amended by inserting “and bulk carrier rules and fire protection rules” after “and survey rules”.
(4)The following section is substituted for section 6 of the Act of 1966: “Prohibition on proceeding to sea without appropriate certificates. 6.—
(1)No ship to which section 3 applies and which is an Irish ship shall proceed to sea unless there is in force in respect of the ship— (
  1. a)a cargo ship safety construction certificate, (
  2. b)a qualified cargo ship safety construction certificate and, if the ship is about to proceed on an international voyage, a corresponding exemption certificate, or (
  3. c)such certificate or certificates as would be required if it were a passenger steamer, applicable to the ship and to the voyage on which it is about to proceed.
(2)If any ship proceeds, or attempts to proceed, to sea in contravention of this section, the owner or master of the ship commits an offence and is liable on summary conviction to a fine not exceeding €5,000.”.
(5)The following section is substituted for section 8 of the Act of 1966: “Penalty for non-compliance with rules and compliance notice. 8.—
(1)If cargo ship construction and survey rules are contravened in any respect in relation to a ship, the owner or master of the ship commits an offence and is liable— (
  1. a)on summary conviction, to a fine not exceeding €5,000, or (
  2. b)on conviction on indictment, to a fine not exceeding €100,000.
(2)A surveyor of ships may board and inspect any ship for the purpose of seeing that it complies with the provisions of cargo ship construction and survey rules (other than those relating to survey). If he or she finds that the ship fails to comply with those provisions, he or she shall give to the owner or master notice in writing stating in what respect the ship fails to comply with them.
(3)A surveyor of ships may board and inspect any ship for the purposes of seeing that a notice under this section has been complied with.
(4)A surveyor of ships may for the purposes of an inspection make such tests (either on the ship or ashore or at dock) ask such questions, inspect such documents or records and have access to such part of the ship as he or she considers appropriate for that purpose.
(5)If a ship, in respect of which a notice has been given to its owner or master under subsection
(2)which requires compliance with the rules in accordance with the notice before the ship proceeds to sea, proceeds or attempts to proceed to sea without such compliance as required in the notice, then the master or owner (as the case may
  1. be)commits an offence and is liable— (
  2. a)on summary conviction, to a fine not exceeding €5,000, or (
  3. b)on conviction on indictment, to a fine not exceeding €100,000.”. Cargo ship safety certificate. 13.—
(1)The Minister may, in any case where following a survey under the Merchant Shipping Acts or under radio rules or cargo ship construction and survey rules a safety equipment certificate, a radio certificate and a cargo ship safety construction certificate each fall to be issued by him or her in respect of a cargo ship (within the meaning of section 3 of the Act of 1966), at the request of the owner of the ship issue a composite certificate ( “cargo ship safety certificate” ) in respect of the ship in relation to those certificates and in lieu of issuing separate certificates.
(2)The provisions of the Merchant Shipping Acts relating to the issue, the period of validity, the granting of an extension or the cancellation of a safety equipment certificate, a radio certificate or a cargo ship safety construction certificate apply to a cargo ship safety certificate, in respect of the certificate concerned, as if it were the certificate.
(3)In this section— “ safety equipment certificate ” means a certificate issued under section 22
(1)of the Act of 1952; “ radio certificate ” means a certificate issued under section 23
(1)of the Act of 1952; “ cargo ship safety construction certificate ” means a certificate issued under section 4
(1)of the Act of 1966. Bulk carrier rules. 14.—
(1)The Minister may make rules ( “bulk carrier rules” ) prescribing the requirements that the superstructure, stability and subdivision, hull, arrangement, equipment and machinery of bulk carriers to which this section applies, must comply with.
(2)This section applies to bulk carriers which are Irish ships and to any other bulk carrier while it is within any port in the State, unless it would not have been in any such port but for stress of weather or any other circumstance that neither the master nor the owner of the ship could have prevented or forestalled.
(3)In making bulk carrier rules the Minister may categorise bulk carriers into different classes having regard to one or more of the following, where appropriate: (
  1. a)the size, shape, speed or configuration of such ships; (
  2. b)the service for which such ships are to be employed; (
  3. c)the nature and duration of voyages to be undertaken; (
  4. d)the type and quantity of cargo such ships are designed to carry on board; (
  5. e)the age and date of construction of such ships; (
  6. f)such other matter or matters that the Minister considers appropriate to take into account in the circumstances.
(4)Different bulk carrier rules may be made in respect of different classes of bulk carriers for different circumstances and for different areas of operation.
(5)Bulk carrier rules shall include such requirements as appear to the Minister to be necessary to implement the provisions of the Safety Convention prescribing the requirements that the superstructure, stability and subdivision, strength, hull, arrangement, equipment and machinery shall comply with, except in so far as those provisions are implemented by cargo ship construction and survey rules, rules for life-saving appliances, fire protection rules, radio rules, navigation and tracking rules or collision regulations.
(6)Bulk carrier rules may require the provision in ships to which this section applies of— (
  1. a)stability analysis including damage and intact stability, (
  2. b)the structural strength of such ships, (
  3. c)the arrangement of such ships including requirements for bulkheads, (
  4. d)information necessary for the guidance of the master and others in maintaining sufficient stability and strength during all loading conditions, (
  5. e)the requirements on cargoes and the requirement to provide to persons information to ensure the safe loading and unloading, (
  6. f)equipment to provide information on strength on such ships, (
  7. g)equipment to detect water in the holds and spaces of such ships and to provide pumping systems.
(7)The powers conferred on the Minister by this section are in addition to the powers conferred by any other enactment enabling him or her to prescribe the requirements that ships to which this section applies must comply with.
(8)(
  1. a)It is the duty of the owner and master of every ship to which this section applies to ensure that all requirements set out in the relevant bulk carrier rules are complied with. (
  2. b)If any provision of bulk carrier rules are not complied with, then the owner of the ship (if in fault) and the master of the ship (if in fault) commits an offence and is liable on summary conviction to a fine not exceeding €5,000.
(9)A surveyor of ships may board and inspect any ship for the purpose of seeing that it complies with bulk carrier rules.
(10)If a surveyor of ships finds that a ship fails to comply with any bulk carrier rules he or she shall give a notice in writing to the owner or master stating in what respect the ship fails to comply with them.
(11)A surveyor of ships may board and inspect any ship for the purposes of seeing that a notice under subsection
(10)has been complied with.
(12)A surveyor of ships may for the purposes of an inspection make such tests (either on the ship or ashore or at dock), ask such questions, inspect such documents or records and have access to such parts of the ship as he or she considers appropriate for that purpose.
(13)If a ship, in respect of which a notice has been given to its owner or master under subsection
(10)which requires compliance with the rules in accordance with the notice before the ship proceeds to sea, proceeds or attempts to proceed to sea, without compliance as required in the notice, then the master or owner (as the case may
  1. be)commits an offence and is liable— (
  2. a)on summary conviction, to a fine not exceeding €5,000, or (
  3. b)on conviction on indictment, to a fine not exceeding €100,000.
(14)In this section “bulk carrier” means a ship (other than a passenger steamer, troopship or fishing vessel) which is intended primarily to carry dry cargo in bulk. Categorisation of vessels under safety regulations. 15.— The Act of 1992 is amended— (a) in section 2
(1), by substituting for the definition of “the Minister” the following: “ ‘Minister’ means Minister for Transport;”, (b) in section 18 (inserted by section 47 of the Act of 2005) by inserting after subsection
(3)the following: “(3A) In making regulations under this section the Minister may categorise passenger boats into different classes, where appropriate, having regard to one or more of the following: (
  1. a)the size, shape, speed or configuration of such boats; (
  2. b)the service for which such boats are to be employed; (
  3. c)the nature and duration of voyages to be undertaken; (
  4. d)the number of passengers or other persons, or both, that such boats are designed to carry on board; (
  5. e)such other matter or matters that the Minister considers appropriate to take into account in the circumstances.”, (
  6. c)in section 19 (inserted by section 47 of the Act of 2005) by inserting after subsection
(3)the following: “(3A) In making regulations under this section the Minister may categorise fishing vessels into different classes having regard to one or more of the following, where appropriate: (
  1. a)the size, shape, speed or configuration of such vessels; (
  2. b)the service for which such vessels are to be employed; (
  3. c)the nature and duration of voyages to be undertaken; (
  4. d)the number of persons that such vessels are designed to carry on board; (
  5. e)such other matter or matters that the Minister considers appropriate to take into account in the circumstances.”, and (
  6. d)in section 20 (inserted by section 47 of the Act of 2005) by inserting after subsection
(3)the following: “(3A) In making regulations under this section the Minister may categorise pleasure craft into different classes having regard to one or more of the following, where appropriate: (
  1. a)the size, shape, speed or configuration of such craft; (
  2. b)the service for which such craft are to be employed; (
  3. c)the nature and duration of voyages to be undertaken; (
  4. d)the number of persons, that such craft are designed to carry on board; (
  5. e)such other matter or matters that the Minister considers appropriate to take into account in the circumstances.”. PART 3 RULES AND REGULATIONS FOR CERTAIN VESSELS Chapter 1 Chemical Tanker Rules Definitions (Chapter 1). 16.— In this Chapter— “accepted international certificate of fitness (IBC)” has the meaning assigned to it by section 19
(8); “chemical tanker rules” means rules under section 18 ; “international certificate of fitness (IBC)” has the meaning assigned to it by section 19
(1); “dangerous chemicals” means any liquid chemicals designated as presenting a safety hazard, based on the safety criteria for assigning products in Chapter 17 of the IBC Code or as provided for in the chemical tanker rules; “IBC Code” means the International Code for the Construction and Equipment of Ships Carrying Dangerous Chemicals in Bulk adopted by the Maritime Safety Committee of the IMO by Resolution MSC.4
(48)and as amended by— (a) such committee by Resolutions MSC.10
(54), MSC.14
(57), MSC.16
(58), MSC.28
(61), MSC.50
(66), MSC.58
(67), MSC.102
(73), MSC.176
(79)and MSC.219
(82), and (b) the Marine Environment Protection Committee of the IMO by Resolutions MEPC.19
(22), MEPC.32
(27), MEPC.40
(29), MEPC.55
(33), MEPC.69
(38), MEPC.73
(39), MEPC.90
(45)and MEPC.119
(52); “IMO” means the United Nations International Maritime Organisation; “MARPOL Convention” means the International Convention for the Prevention of Pollution from Ships 1973, as amended by the Protocols of 1978 and 1997; “noxious liquid substances” means any substance indicated in the Pollution Category column of chapters 17 or 18 of the IBC Code, or provisionally assessed under the provisions of regulation 6.3 of Annex II to the MARPOL Convention, as falling into categories X, Y or Z or as may be prescribed by the Minister in the chemical tanker rules. Application (Chapter 1). 17.— This Chapter applies to— (
  1. a)Irish ships to which Part B of Chapter VII of the Annex to the Safety Convention applies engaged in the carriage of bulk cargoes of dangerous chemicals or noxious liquid substances other than petroleum or similar flammable products, and (
  2. b)to any other ship to which such Part of that Chapter applies, engaged in such carriage while in any port in the State, unless it would not have been in such port but for stress of weather or any other circumstance that neither the master nor the owner of the ship could have prevented or forestalled. Chemical tanker rules. 18.—
(1)The Minister may, in relation to any ships to which this Chapter applies, make rules (“chemical tanker rules”)— (
  1. a)prescribing requirements for the hull, superstructure, subdivision and stability, electrical installation, equipment and machinery and fire protection of such ships, (
  2. b)regulating repairs, alterations, modifications and outfitting relating thereto, and (
  3. c)requiring any such ships which are Irish ships to be surveyed to such extent, and in such manner and at such intervals as may be prescribed.
(2)Without prejudice to subsection
(1)chemical tanker rules may include requirements for all or any of the following matters— (
  1. a)ship survival capability and location of cargo tanks, (
  2. b)ship arrangement, (
  3. c)cargo containment, (
  4. d)cargo transfer, (
  5. e)materials of construction, protective linings and coatings, (
  6. f)cargo temperature control, (
  7. g)cargo tank venting and gas-freeing arrangements, (
  8. h)environmental control, (
  9. i)electrical installations, (
  10. j)fire protection and fire extinction, (
  11. k)mechanical ventilation in the cargo area, (
  12. l)instrumentation, (
  13. m)personnel protection, (
  14. n)special requirements and operational requirements, including training of on-board personnel, (
  15. o)specification of carriage requirements for the carriage of particular products to which the IBC Code does not apply which may pose safety and pollution hazards where it is considered by the Minister that some safety precautions may be appropriate, and (
  16. p)notification of accidents or defects.
(3)In making chemical tanker rules the Minister may categorise ships into different classes having regard to one or more of the following, where appropriate— (
  1. a)the size, or configuration of such ships, (
  2. b)the service for which such ships are to be employed, (
  3. c)the nature and duration of voyages to be undertaken, (
  4. d)the type of cargo carried including the severity of the environmental and safety hazards involved, (
  5. e)the age and date of construction of ships, and (
  6. f)such other matter or matters that the Minister considers appropriate to take into account in the circumstances.
(4)Different chemical tanker rules may be made for the carriage of bulk cargoes of different dangerous chemicals or noxious liquid substances carried by different classes of ships for different circumstances and for different areas of operation.
(5)Chemical tanker rules shall include such requirements as appear to the Minister to be necessary to implement the provisions of the Safety Convention, including the IBC Code, in relation to the carriage of bulk cargoes of dangerous chemicals or noxious liquids.
(6)The powers conferred on the Minister by this Chapter are in addition to the powers conferred by any other enactment enabling him or her to prescribe the requirements that ships to which this Chapter applies must comply with.
(7)(
  1. a)Subject to paragraph (b), where the chemical tanker rules require that a particular fitting, material, appliance, apparatus, item of equipment or type thereof shall be fitted or carried in a ship to which this section applies, or that any particular provision shall be made, or any procedure or arrangement shall be complied with, the Minister may allow any other fitting, material, appliance, apparatus, item of equipment, or type thereof to be fitted or carried, or any other provision, procedure or arrangement to be made in that ship, if he or she is satisfied, by trial thereof or otherwise, that such fitting, material, appliance, apparatus, item of equipment or type thereof or that any particular provision, procedure or arrangement is at least as effective as that required by the rules. (
  2. b)Paragraph (
  3. a)does not allow operational methods or procedures to be made an alternative to a particular fitting, material, appliance, apparatus, item of equipment, or type thereof, unless provided for in the chemical tanker rules. Certification and endorsement (Chapter 1). 19.—
(1)(
  1. a)Where after a declaration of survey, made by a surveyor of ships under the chemical tanker rules in respect of an Irish ship to which this Chapter applies, is received by the Minister and if he or she is satisfied that the ship complies with such rules as are relevant to the ship and provided, where relevant— (
  2. i)a safety equipment certificate under section 22
(1)of the Act of 1952, a radio certificate under section 23
(1)of the Act of 1952 and a cargo ship safety construction certificate under section 4
(1)of the Act of 1966, or (ii) a cargo ship safety certificate under section 13
(1)of this Act, is in force in respect of the ship, he or she shall issue, in respect of the ship, an International Certificate of Fitness for the Carriage of Dangerous Chemicals in Bulk (“international certificate of fitness (IBC)”), in the form prescribed by the Minister in the chemical tanker rules. (b) In this subsection “declaration of survey” means a declaration made under section 272 (as applied by section 27
(2)of the Act of 1952 and section 3
(4)of the Act of 1966) of the Principal Act.
(2)An Irish ship in respect of which an international certificate of fitness (IBC) is in force shall be subject to such further surveys as are provided for under the chemical tanker rules to ensure that the ship continues to comply with the requirements of such rules.
(3)Where following a survey referred to in subsection
(2), the Minister is satisfied that the ship continues to comply with the requirements of the chemical tanker rules, he or she shall endorse the international certificate of fitness (IBC) to that effect.
(4)Subject to subsections
(5)and
(6), an international certificate of fitness shall be in force for a period not exceeding 5 years or such shorter period as may be specified in it. The certificate may be cancelled where the Minister is satisfied that the ship no longer complies with any of the requirements of the chemical tanker rules applicable to it.
(5)The Minister may extend the period for which an international certificate of fitness (IBC) under this Chapter may be in force, to a period not exceeding 5 years and 5 months as may be prescribed in the chemical tanker rules.
(6)An international certificate of fitness (IBC) ceases to be in force— (a) if any relevant survey of the ship has not been completed within the periods specified for such survey as prescribed by the chemical tanker rules or as required under section 21
(2)(b), (b) if the certificate is not endorsed under subsection
(3), (
  1. c)upon transfer of the ship to the flag of another state, or (
  2. d)upon any unapproved change to the ship referred to in section 21
(1).
(7)Sections 27
(9)and 28
(1)of the Act of 1952 apply in relation to international certificates of fitness (IBC) as they apply to a certificate the issue of which is authorised under that Act.
(8)Section 28
(2)of the Act of 1952 applies in relation to international certificates of fitness (IBC) as it applies to a certificate issued under that Act and an International Certificate of Fitness for the Carriage of Dangerous Chemicals in Bulk issued by the government of another country, other than the State, to which the Safety Convention applies, under the Safety Convention, in respect of a ship to which this Chapter applies, other than an Irish ship, and accepted as having the same force in the State as an international certificate of fitness (IBC) shall be referred to as an accepted international certificate of fitness (IBC).
(9)(
  1. a)A ship to which this Chapter applies must not proceed or attempt to proceed to sea without an international certificate of fitness (IBC) for the time being in force in respect of it. (
  2. b)A ship which proceeds or attempts to proceed to sea without an international certificate of fitness (IBC) for the time being in force in respect of it in contravention of paragraph (
  3. a)shall be regarded as an unsafe ship for the purposes of Chapter 7 .
(10)The reference to an international certificate of fitness (IBC) in subsection
(9)and in sections 20
(4)and 24
(2)(
  1. a)and (
  2. c)shall, in the case of a ship to which this Chapter applies, other than an Irish ship, be construed as a reference to an accepted international certificate of fitness (IBC).
(11)The Minister may authorise on his or her behalf a person to issue, endorse, cancel or extend an international certificate of fitness (IBC). Duties of owners and masters (Chapter 1). 20.—
(1)It is the duty of the owner and master of an Irish ship to which this Chapter applies— (
  1. a)to ensure that it complies with the chemical tanker rules, and (
  2. b)to maintain such ship in conformity with the chemical tanker rules to ensure that the ship in all respects remains fit to operate without danger to the ship or the persons on board.
(2)It is the duty of the owner and master of an Irish ship to which this Chapter applies— (
  1. a)before the ship is put into service, (
  2. b)before the international certificate of fitness (IBC) is issued in its respect for the first time, and (
  3. c)before the ship continues in service after the expiration of its international certificate of fitness (IBC), to have the ship surveyed by a surveyor of ships or such other person as the Minister may authorise for such purpose, in accordance with the chemical tanker rules.
(3)It is the duty of the owner and master of an Irish ship to which this Chapter applies to have the ship surveyed under section 19
(2)or section 21
(2)(b), where required.
(4)It is the duty of the master and owner of a ship to which this Chapter applies to ensure that an international certificate of fitness (IBC) for the time being in force in respect of the ship is available on board for examination at all times.
(5)(
  1. a)Without prejudice to section 23 of the Act of 2000, whenever an accident occurs to an Irish ship to which this Chapter applies, or a defect to such ship is discovered, either of which affects the safety of the ship or the efficiency or completeness of its life-saving appliances or other equipment required by the chemical tanker rules the master or owner of the ship must, at the earliest opportunity, report the matter to the Chief Surveyor or any other surveyor of ships in the Marine Survey Office, Department of Transport. (
  2. b)In case the ship is in a port of a state to which the Safety Convention applies, other than the State, the owner or master must also report, at the earliest opportunity, to the appropriate authorities of the government of that state. Compliance (Chapter 1). 21.—
(1)No change shall be made in the structure, equipment, fittings, arrangements and material covered by a survey under the chemical tanker rules, other than by direct replacement, without the approval of the Minister or a person authorised by him or her for such purpose.
(2)Following receipt of a report referred to in section 20
(5)(
  1. a)the Chief Surveyor or other surveyor of ships notified shall— (
  2. a)if the ship being an Irish ship is in the jurisdiction of another state to which the Convention applies, ensure that the matter is reported by the master or owner of the ship to the appropriate authorities of the government of that state, and (
  3. b)arrange for any additional survey which in his or her opinion may be required in the circumstances under the chemical tanker rules. Transfer of ship (Chapter 1). 22.— In the case of a transfer of an Irish ship to which this Chapter applies to the flag of a state to which the Safety Convention applies, being a party also to the MARPOL Convention, the Minister shall, if requested within 3 months of such transfer, transmit, as soon as possible, to the appropriate authorities of the government of such state, a copy of the international certificate of fitness (IBC) applicable to the ship before the transfer and, if available, copies of the relevant survey reports. Powers of surveyors (Chapter 1). 23.—
(1)A surveyor of ships may board and inspect any ship to which this Chapter applies for the purpose of seeing that it complies with this Chapter and the chemical tanker rules.
(2)If a surveyor of ships finds that a ship fails to comply with any provisions of this Chapter or the chemical tanker rules he or she shall give a notice in writing to the owner or master stating in what respect the ship fails to comply with them.
(3)A surveyor of ships may board and inspect any ship for the purposes of seeing that a notice given under subsection
(2)has been complied with.
(4)A surveyor of ships may for the purposes of an inspection make such tests (either on the ship or ashore or at dock), ask such questions, inspect such documents or records and have access to such parts of the ship as he or she considers appropriate for that purpose. Offences (Chapter 1). 24.—
(1)If an owner or master of a Irish ship to which this Chapter applies fails to comply with any of the duties required of him or her under section 20 (other than subsections
(4)and
(5)of that section) then the owner of the ship (if in fault) and the master of the ship (if in fault) commits an offence and is liable— (
  1. a)on summary conviction, to a fine not exceeding €5,000, or (
  2. b)on conviction on indictment, to a fine not exceeding €100,000.
(2)In the case of a ship to which this Chapter applies— (a) an international certificate of fitness (IBC) for the time being in force in respect of the ship is not available on board for examination as required under section 20
(4), (b) the owner or master of the ship, without reasonable excuse, fails to make a report as provided for in section 20
(5)(
  1. a)or (b), or (
  2. c)the ship proceeds or attempts to proceed to sea— (
  3. i)without an international certificate of fitness (IBC) for the time being in force in respect of the ship in contravention of section 19
(9)(a), or (ii) being regarded as an unsafe ship under section 19
(9)(b), in contravention of a notice of detention under section 66 , then the owner of the ship (if in fault) and the master of the ship (if in fault) commits an offence and is liable— (
  1. i)in the case of an offence under paragraph (
  2. a)or (b), on summary conviction, to a fine not exceeding €5,000, and (
  3. ii)in the case of an offence under paragraph (c), on summary conviction— (I) to a fine not exceeding €5,000, or (II) on conviction on indictment, to a fine not exceeding €100,000.
(3)If a ship, in respect of which a notice has been given to its owner or master under section 23
(2)which requires compliance with the rules before the ship proceeds to sea, proceeds or attempts to proceed to sea, without compliance as required in the notice, then the master or owner (as the case may
  1. be)commits an offence and is liable— (
  2. a)on summary conviction, to a fine not exceeding €5,000, or (
  3. b)on conviction on indictment, to a fine not exceeding €100,000. Chapter 2 Liquefied Gas Carriage Rules Definitions (Chapter 2). 25.— In this Chapter— “accepted international certificate of fitness (IGC)” has the meaning assigned to it by section 28
(8); “international certificate of fitness (IGC)” has the meaning assigned to it by section 28
(1)(a); “liquefied gas” means any liquefied gases having a vapour pressure exceeding 2.8 bar absolute at a temperature of 37.8OC and certain other substances as shown in Chapter 19 of the IGC Code, when carried in bulk or as may be prescribed by the Minister in the liquefied gas carriage rules; “liquefied gas carriage rules” means rules under section 27 ; “IGC Code” means the International Code for the Construction and Equipment of Ships carrying Liquefied Gases in Bulk adopted by the Maritime Safety Committee of the IMO by Resolution MSC.5
(48)and as amended by such Committee by Resolutions MSC.17
(58), MSC.30
(61), MSC.32
(63), MSC.59
(67), MSC.103
(73), MSC.177
(79)and MSC.220
(82); “IMO” means the United Nations International Maritime Organisation. Application (Chapter 2). 26.— This Chapter applies to— (
  1. a)Irish ships to which Part C of Chapter VII of the Annex to the Safety Convention applies, engaged in the carriage of cargoes of liquefied gases in bulk, and (
  2. b)to any other ship to which such Part of such Chapter applies, engaged in such carriage while in any port in the State, unless it would not have been in such port but for stress of weather or any other circumstance that neither the master nor the owner of the ship could have prevented or forestalled. Liquefied gas carriage rules. 27.—
(1)The Minister may, in relation to any ships to which this Chapter applies, make rules (“liquefied gas carriage rules”)— (
  1. a)prescribing requirements for the hull, superstructure, subdivision and stability, electrical installation, equipment and machinery and fire protection of such ships, (
  2. b)regulating repairs, alterations, modifications and outfitting relating thereto, and (
  3. c)requiring any such ships which are Irish ships to be surveyed to such extent, and in such manner and at such intervals as may be prescribed.
(2)Without prejudice to subsection
(1)liquefied gas carriage rules may include requirements for all or any of the following matters— (
  1. a)ship survival capability and location of cargo tanks, (
  2. b)ship arrangement, (
  3. c)cargo containment, (
  4. d)process pressure vessels and liquid, vapour, and pressure piping systems, (
  5. e)materials of construction, (
  6. f)cargo pressure and temperature control, (
  7. g)cargo tank vent systems, (
  8. h)environmental control, (
  9. i)electrical installations, (
  10. j)fire protection and fire extinction, (
  11. k)mechanical ventilation in the cargo area, (
  12. l)instrumentation (gauging and gas detection), (
  13. m)personnel protection, (
  14. n)filling limits for cargo tanks, (
  15. o)use of cargo as fuel, (
  16. p)requirements for the carriage of particular cargoes, (
  17. q)operating requirements including cargo information, compatibility of cargo to be carried, personnel training, entry into spaces, carriage of cargo at low temperatures, protection equipment, cargo emergency shutdown and alarm systems and cargo transfer operations, and (
  18. r)notification of accidents or defects.
(3)In making liquefied gas tanker rules the Minister may categorise ships into different classes having regard to one or more of the following, where appropriate— (
  1. a)the size, or configuration of such ships, (
  2. b)the service for which such ships are to be employed, (
  3. c)the nature and duration of voyages to be undertaken, (
  4. d)the type of cargo carried including the severity of the environmental and safety hazards involved, (
  5. e)the age and date of construction of ships, and (
  6. f)such other matter or matters that the Minister considers appropriate to take into account in the circumstances.
(4)Different liquefied gas carriage rules may be made for the carriage of bulk cargoes of different liquefied gases carried by different classes of ships for different circumstances and for different areas of operation.
(5)Liquefied gas carriage rules shall include such requirements as appear to the Minister to be necessary to implement the provisions of the Safety Convention, including the IGC Code, in relation to the carriage of bulk cargoes of liquefied gases.
(6)The powers conferred on the Minister by this Chapter are in addition to the powers conferred by any other enactment enabling him or her to prescribe the requirements that ships to which this Chapter applies must comply with.
(7)(
  1. a)Subject to paragraph (b), where the liquefied gas carriage rules require that a particular fitting, material, appliance, apparatus, item of equipment or type thereof shall be fitted or carried in a ship to which this section applies, or that any particular provision shall be made, or any procedure or arrangement shall be complied with, the Minister may allow any other fitting, material, appliance, apparatus, item of equipment, or type thereof to be fitted or carried, or any other provision, procedure or arrangement to be made in that ship, if he or she is satisfied, by trial thereof or otherwise, that such fitting, material, appliance, apparatus, item of equipment or type thereof or that any particular provision, procedure or arrangement is at least as effective as that required by the rules. (
  2. b)Paragraph (
  3. a)does not allow operational methods or procedures to be made an alternative to a particular fitting, material, appliance, apparatus, item of equipment, or type thereof, unless provided for in the liquefied gas carriage rules. Certification and endorsement (Chapter 2). 28.—
(1)(
  1. a)Where after a declaration of survey, made by a surveyor of ships under the liquefied gas carriage rules in respect of an Irish ship to which this Chapter applies, is received by the Minister and if he or she is satisfied that the ship complies with such rules as are relevant to the ship and provided, where relevant— (
  2. i)a safety equipment certificate under section 22
(1)of the Act of 1952, a radio certificate under section 23
(1)of the Act of 1952 and a cargo ship safety construction certificate under section 4
(1)(
  1. a)of the Act of 1966, or (
  2. ii)a cargo ship safety certificate under section 13
(1)of this Act, is in force in respect of the ship, he or she shall issue, in respect of such ship, an International Certificate of Fitness for the Carriage of Liquefied Gases in Bulk (“international certificate of fitness (IGC)”), in the form prescribed by the Minister in the liquefied gas carriage rules. (b) In this subsection “declaration of survey” means a declaration made under section 272 (as applied by section 27
(2)of the Act of 1952 and section 3
(4)of the Act of 1966) of the Principal Act.
(2)An Irish ship in respect of which an international certificate of fitness (IGC) is in force shall be subject to such further surveys as are provided for under the liquefied gas carriage rules to ensure that the ship continues to comply with the requirements of those rules.
(3)Where following a survey referred to in subsection
(1), the Minister is satisfied that the ship continues to comply with the requirements of the liquefied gas carriage rules, he or she shall endorse the international certificate of fitness (IGC) to that effect.
(4)Subject to subsections
(5)and
(6), an international certificate of fitness (IGC) shall be in force for a period not exceeding 5 years or such shorter period as may be specified in it and may be cancelled where the Minister is satisfied that the ship no longer complies with any of the requirements of the liquefied gas carriage rules applicable to it.
(5)The Minister may extend the period for which an international certificate of fitness (IGC) may be in force to a period not exceeding 5 years and 5 months as may be prescribed in the liquefied gas carriage rules.
(6)An international certificate of fitness (IGC) ceases to be in force— (a) if any relevant survey of the ship has not been completed within the periods specified for such survey as prescribed by the liquefied gas carriage rules or as required under section 30
(2)(b), (b) if the certificate is not endorsed under subsection
(3), (
  1. c)upon transfer of the ship to the flag of another state, or (
  2. d)upon any unapproved change to the ship referred to in section 30
(1).
(7)Sections 27
(9)and 28
(1)of the Act of 1952 apply in relation to international certificates of fitness (IGC) as they apply to a certificate the issue of which is authorised under that Act.
(8)Section 28
(2)of the Act of 1952 applies in relation to international certificates of fitness (IGC) as it applies to a certificate issued under that Act and an International Certificate of Fitness for the Carriage of Liquefied Gases in Bulk issued by the government of another country, other than the State, to which the Safety Convention applies, under such Safety Convention, in respect of a ship to which this section applies, other than an Irish ship, and accepted as having the same force in the State as an international certificate of fitness (IGC) shall be referred to as an accepted international certificate of fitness (IGC).
(9)(
  1. a)A ship to which this Chapter applies must not proceed or attempt to proceed to sea without an international certificate of fitness (IGC) for the time being in force in respect of the ship. (
  2. b)If a ship to which this Chapter applies proceeds, or attempts to proceed, to sea without a valid international certificate of fitness (IGC) for the time being in force in respect of the ship in contravention of paragraph (
  3. a)it shall be regarded as an unsafe ship for the purposes of Chapter 7 .
(10)The reference to an international certificate of fitness (IGC) in subsection
(9)and in section 29
(4)and 33
(2)(
  1. a)and (
  2. c)shall, in the case of a ship to which this Chapter applies, other than an Irish ship, be construed as a reference to an accepted international certificate of fitness (IGC).
(11)The Minister may authorise on his or her behalf any person for the purpose of issuing, endorsing, cancelling or extending an international certificate of fitness (IGC). Duties of owners and masters (Chapter 2). 29.—
(1)It is the duty of the owner and master of an Irish ship to which this Chapter applies— (
  1. a)to ensure that it complies with the liquefied gas carriage rules, and (
  2. b)to maintain such ship in conformity with the liquefied gas carriage rules to ensure that the ship in all respects remains fit to operate without danger to the ship or the persons on board.
(2)It is the duty of the owner and master of an Irish ship to which this Chapter applies— (
  1. a)before the ship is put into service, (
  2. b)before the international certificate of fitness (IGC) is issued in its respect for the first time, and (
  3. c)before the ship continues in service following the expiration of its international certificate of fitness (IGC), to have the ship surveyed by a surveyor of ships or such other person as the Minister may authorise for that purpose, in accordance with the liquefied gas carriage rules.
(3)It is the duty of the owner and master of an Irish ship to which this Chapter applies to have it surveyed under section 28
(2)or section 30
(2)(b), where required.
(4)It is the duty of the owner and master of a ship to which this Chapter applies to ensure that an international certificate of fitness (IGC) for the time being in force in respect of the ship is available on board for examination at all times.
(5)(
  1. a)Without prejudice to section 23 of the Act of 2000, whenever an accident occurs to an Irish ship to which this section applies, or a defect to such ship is discovered, either of which affects the safety of the ship or the efficiency or completeness of its life-saving appliances or other equipment required by the liquefied gas carriage rules the master or owner of the ship must, at the earliest opportunity, report the matter to the Chief Surveyor or any other surveyor of ships in the Marine Survey Office, Department of Transport. (
  2. b)In case the ship is in a port of a state to which the Safety Convention applies other than the State, the master or owner must also report, at the earliest opportunity, to the appropriate authorities of the government of that state. Compliance (Chapter 2). 30.—
(1)No change shall be made in the structure, equipment, fittings, arrangements and material covered by a survey under liquefied gas carriage rules made under this Chapter, other than by direct replacement, without the approval of the Minister or a person authorised by him or her for such purpose.
(2)Following receipt of a report referred to in section 29
(5)(
  1. a)the Chief Surveyor or other surveyor of ships notified must— (
  2. a)if the ship is in the jurisdiction of another state to which the Convention applies, ensure that the matter is reported by the master or owner of the ship to the appropriate authorities of the government of that state, and (
  3. b)arrange for any additional survey which in his or her opinion may be required in the circumstances under the liquefied gas carriage rules. Transfer of ship (Chapter 2). 31.— In the case of a transfer of an Irish ship to which this Chapter applies to the flag of a country to which the Safety Convention applies the Minister shall, if requested within 3 months of such transfer, transmit, as soon as possible, to the appropriate authorities of the government of such country, a copy of the certificate of fitness (IGC) applicable to the ship before the transfer and, if available, copies of the relevant survey reports. Powers of surveyors (Chapter 2). 32.—
(1)A surveyor of ships may board and inspect any ship to which this Chapter applies for the purpose of seeing that it complies with this Chapter and the liquefied gas carriage rules.
(2)If a surveyor of ships finds that a ship fails to comply with any provisions of this Chapter or the liquefied gas carriage rules he or she shall give a notice in writing to the owner or master stating in what respect the ship fails to comply with them.
(3)A surveyor of ships may board and inspect any ship for the purposes of seeing that a notice given under subsection
(2)has been complied with.
(4)A surveyor of ships may for the purposes of an inspection make such tests (either on the ship or ashore or at dock), ask such questions, inspect such documents or records and have access to such parts of the ship as he or she considers appropriate for that purpose. Offences (Chapter 2). 33.—
(1)If an owner or master of a ship to which this Chapter applies fails to comply with the duties required of him or her under section 29 (other than subsections
(4)and
(5)of that section) then the owner of the ship (if in fault) and the master of the ship (if in fault) commits an offence and is liable— (
  1. a)on summary conviction, to a fine not exceeding €5,000, or (
  2. b)on conviction on indictment, to a fine not exceeding €100,000.
(2)In the case of a ship to which this Chapter applies— (a) an international certificate of fitness (IGC) for the time being in force in respect of the ship is not available on board for examination in contravention of section 29
(4), (b) the owner or master of the ship, without reasonable excuse, fails to make a report as provided for in section 29
(5)(
  1. a)or (b), or (
  2. c)the ship proceeds or attempts to proceed to sea— (
  3. i)without an international certificate of fitness (IGC) for the time being in force in respect of the ship in contravention of section 28
(9)(a), or (ii) being regarded as an unsafe ship under section 28
(9)(b), in contravention of a notice of detention under section 66 , then the owner of the ship (if in fault) and the master of the ship (if in fault) commits an offence and is liable— (
  1. i)in the case of an offence under paragraph (
  2. a)or (b), on summary conviction, to a fine not exceeding €5,000, and (
  3. ii)in the case of an offence under paragraph (c)— (I) on summary conviction, to a fine not exceeding €5,000, or (II) on conviction on indictment, to a fine not exceeding €100,000.
(3)If a ship, in respect of which a notice has been given to its owner or master under section 32
(2)which requires compliance with the rules in accordance with the notice before the ship proceeds to sea, proceeds or attempts to proceed to sea, without compliance as required in the notice, then the owner or master (as the case may
  1. be)commits an offence and is liable— (
  2. a)on summary conviction, to a fine not exceeding €5,000, or (
  3. b)on conviction on indictment, to a fine not exceeding €100,000. Chapter 3 Nuclear Carriage Rules Definitions (Chapter 3). 34.— In this Chapter— “accepted international certificate of fitness (INF)” has the meaning assigned to it by section 37
(7)(b); “international certificate of fitness (INF)” has the meaning assigned to it by section 37
(1)(a); “high-level radioactive wastes” means liquid wastes resulting from the operation of the first stage extraction system or the concentrated wastes from subsequent extraction stage, in a facility for reprocessing irradiated nuclear fuel, or solids into which such liquid wastes have been converted; “IMO” means the United Nations International Maritime Organisation; “incident” means any occurrence or series of occurrences, including loss of container integrity, having the same origin which results or may result in a cargo release (through escape from its containment system or the loss of a cargo package), or probable cargo release of packaged irradiated nuclear fuel, plutonium or high-level radioactive wastes; “INF Code” means the International Code for the Safe Carriage of Packaged Irradiated Nuclear Fuel, Plutonium and High-Level Radioactive Wastes on Board Ships, adopted by the Maritime Safety Committee of the IMO by Resolution MSC.88
(71)and as amended by such committee by Resolutions MSC.118
(74), MSC.135
(76)and MSC.178
(79); “nuclear cargo” means packaged irradiated nuclear fuel, plutonium or high-level radioactive wastes carried as cargo; “plutonium” means the resultant mixture of isotopes of that material extracted from irradiated nuclear fuel from reprocessing; “irradiated nuclear fuel” means material containing uranium, thorium and/or plutonium isotopes which has been used to maintain a self-sustaining nuclear chain reaction. Application (Chapter 3). 35.— This Chapter applies to— (
  1. a)Irish ships to which Part D of Chapter VII of the Annex to the Safety Convention applies, engaged or intending to be engaged, in the carriage of nuclear cargo, and (
  2. b)to any other ship to which such Part of such Chapter applies, engaged in such carriage while in any port in the State, unless the ship would not have been in any such port but for stress of weather or any other circumstance that neither the master nor the owner of the ship could have prevented or forestalled. Nuclear carriage rules. 36.—
(1)The Minister may make rules (“nuclear carriage rules”) prescribing requirements for the carriage by ships to which this Chapter applies of nuclear cargo, and requiring any such ships which are Irish ships to be surveyed to such extent and in such manner and at such intervals, as may be prescribed.
(2)Without prejudice to subsection
(1)nuclear carriage rules may include requirements for all or any of the following matters— (
  1. a)damage stability, (
  2. b)fire safety measures, (
  3. c)temperature control of cargo spaces, (
  4. d)structural considerations, (
  5. e)cargo securing arrangements, (
  6. f)electrical power supply, (
  7. g)radiological protection, (
  8. h)management and training, (
  9. i)shipboard emergency plan, (
  10. j)notification of an incident involving ships’ cargoes to which the nuclear carriage rules apply, (
  11. k)on-board documentation of cargo to which the nuclear carriage rules apply, and (
  12. l)emergency response and medical first aid relevant to incidents involving nuclear cargo.
(3)In making nuclear carriage rules the Minister may categorise ships into different classes having regard to one or more of the following, where appropriate— (
  1. a)the nature of the cargo to which the nuclear carriage rules apply and the amount of radiation being given off, or emitted, therefrom measured in Becquerel (Bq), and (
  2. b)the service for which such ships are to be employed, and such other matter or matters that the Minister considers appropriate to take into account in the circumstances.
(4)Different nuclear carriage rules may be made for the carriage of different nuclear cargo by different classes of ships for different circumstances and for different areas of operation.
(5)Nuclear carriage rules shall include such requirements as appear to the Minister to be necessary to implement the provisions of the Safety Convention, including the INF code, in relation to the carriage of nuclear cargo.
(6)The powers conferred on the Minister by this Chapter are in addition to the powers conferred by any other enactment enabling him or her to prescribe the requirements that ships to which this Chapter applies must comply with. Certification. 37.—
(1)(
  1. a)Where after a declaration of survey, made by a surveyor of ships under the nuclear carriage rules in respect of an Irish ship to which this Chapter applies, is received by the Minister and if he or she is satisfied that the ship complies with the nuclear carriage rules relevant to the ship and provided, where relevant— (
  2. i)in case the ship is a passenger ship, a general safety certificate under section 20
(1)of the Act of 1952, and (ii) in any other case, a safety equipment certificate under section 22
(1)of the Act of 1952, a radio certificate under section 23
(1)of the Act of 1952 and a cargo ship safety construction certificate under section 4
(1)of the Act of 1966 or a cargo ship safety certificate under section 13
(1)of this Act, is in force in respect of the ship, he or she shall on application of the owner, issue, in respect of such ship an International Certificate of Fitness for the Carriage of INF Cargo (“international certificate of fitness (INF)”), in the form provided for in the nuclear carriage rules. (b) In this subsection “declaration of survey” means a declaration made under section 272 (as applied by section 27
(2)of the Act of 1952 and section 3
(4)of the Act of 1966) of the Principal Act.
(2)An Irish ship in respect of which an international certificate of fitness (INF) is in force shall be subject to such further surveys as are provided for under the nuclear carriage rules to ensure that the ship continues to comply with the requirements of such rules.
(3)Subject to subsections
(4)and
(5), an international certificate of fitness (INF) shall be in force for a period not exceeding 1 year or such shorter period as may be specified in it and may be cancelled where the Minister is satisfied that the ship no longer complies with any of the requirements of the nuclear carriage rules.
(4)The Minister or such person as he or she may authorise for the purpose, may extend the period for which an international certificate under this Chapter may be in force, to a period not exceeding 1 year and 5 months as may be specified in the nuclear carriage rules.
(5)An international certificate of fitness (INF) ceases to be in force— (a) if any relevant survey of the ship has not been completed within the period specified for such survey as prescribed by the nuclear carriage rules or as required under section 39
(2)(b), (
  1. b)if, following any inspection or survey, the Minister is not satisfied that the ship continues to comply substantially with the requirements of the nuclear carriage rules for such ships, or (
  2. c)if, any of the certificates referred to in subsection
(1)(a)(
  1. i)or (ii), as are relevant to the ship, cease to be in force in respect of such ship— (
  2. i)upon any unapproved change to the ship referred to in section 39
(1), or (ii) upon transfer of the ship to another state.
(6)(
  1. a)A ship to which this Chapter applies must not operate to carry nuclear cargo or proceed, or attempt to proceed, to sea without an international certificate of fitness (INF) for the time being in force. (
  2. b)If a ship to which this Chapter applies operates to carry nuclear cargo or proceeds, or attempts to proceed, to sea without a valid international certificate of fitness (INF) for the time being in force in respect of the ship it shall be regarded as an unsafe ship for the purposes of Chapter 7 .
(7)(a) Sections 27
(9)and 28
(1)of the Act of 1952 apply in relation to international certificates of fitness (INF) as they apply to a certificate authorised under that Act. (b) Section 28
(2)of the Act of 1952 applies in relation to international certificates of fitness (INF) as it applies to a certificate issued under that Act and any corresponding International Certificate of Fitness for the Carriage of INF Cargo issued by the government of another country, other than the State, to which the Safety Convention applies, under such Convention, in respect of a ship to which this section applies, other than an Irish ship, and accepted as having the same force in the State as a certificate of fitness (INF) shall be referred to as an accepted certificate of fitness (INF).
(8)The reference to an international certificate of fitness (INF) in subsection
(6)and sections 38
(4)and 41
(2)(
  1. a)or (
  2. c)shall, in the case of a ship to which this Chapter applies, other than an Irish ship, be construed as a reference to an accepted international certificate of fitness (INF).
(9)The Minister may authorise on his or her behalf a person to issue, cancel or extend an international certificate of fitness (INF). Duties of owners and masters (Chapter 3). 38.—
(1)It is the duty of the owner and master of an Irish ship to which this Chapter applies— (
  1. a)to ensure that it complies with the nuclear carriage rules, and (
  2. b)to maintain such ship in conformity with the nuclear carriage rules to ensure that the ship in all respects remains fit to operate without danger to the ship or the persons on board.
(2)It is the duty of the owner and master of an Irish ship to which this Chapter applies— (
  1. a)before the carriage of nuclear cargo takes place and before the international certificate of fitness (INF) is issued in its respect for the first time, and (
  2. b)before the ship continues to be engaged in the carriage of nuclear cargo following the expiration of its international certificate of fitness (INF), to have the ship surveyed by a surveyor of ships or such other person as the Minister may authorise for that purpose, in accordance with the nuclear carriage rules.
(3)It is the duty of the owner and master of an Irish ship to which this Chapter applies to have it surveyed under section 37
(2)or section 39
(2)(b), where required.
(4)It is the duty of the owner and master of a ship to which this Chapter applies to ensure that an international certificate of fitness (INF) for the time being in force in respect of the ship is available on board for examination at all times.
(5)(
  1. a)Without prejudice to section 23 of the Act of 2000, whenever an incident or accident occurs to an Irish ship to which this Chapter applies, or a defect is discovered, either of which affects the safety of the ship or the efficiency or completeness of its life-saving appliances, or other equipment required by the nuclear carriage rules, the master or owner of the ship must, at the earliest opportunity, report the matter to the Chief Surveyor or any other surveyor in the Marine Survey Office, Department of Transport. (
  2. b)In case the ship is in a port of a state to which the Safety Convention applies, other than the State, the owner or master must also report, at the earliest opportunity, to the appropriate authorities of the government of that state. Compliance (Chapter 3). 39.—
(1)No change shall be made to an Irish ship to which this Chapter applies in regard to carriage of cargo to which the nuclear carriage rules apply, other than by direct replacement, unless approved by a surveyor of ships or such person as the Minister may authorise for the purpose.
(2)Following receipt of a report referred to in section 38
(5)(
  1. a)the Chief Surveyor or other surveyor of ships notified shall: (
  2. a)if the ship is in the jurisdiction of another state to which the Convention applies, ensure that the matter is reported by the master or owner of the ship to the appropriate authorities of the government of that state, and (
  3. b)arrange for any additional survey which in his or her opinion may be required in the circumstances under the nuclear carriage rules. Powers of surveyors (Chapter 3). 40.—
(1)A surveyor of ships may board and inspect any ship for the purpose of seeing that it complies with this Chapter and the nuclear carriage rules.
(2)If a surveyor of ships finds that a ship to which this Chapter applies fails to comply with any provisions of this Chapter or relevant requirements of the nuclear carriage rules he or she shall give a notice in writing to the owner or master stating in what respect the ship fails to comply with them.
(3)A surveyor of ships may board and inspect any ship for the purposes of seeing that a notice under this section has been complied with.
(4)A surveyor of ships may for the purposes of an inspection make such tests (either on the ship or ashore or at dock), ask such questions, inspect such documents or records and have access to such parts of the ship as he or she considers appropriate for that purpose. Offences (>Chapter 3). 41.—
(1)If an owner or master of a ship to which this Chapter applies fails to comply with any of the duties required of him or her under section 38 (other than subsections
(4)and
(5)of that section) then the owner of the ship (if in fault) and the master of the ship (if in fault) commits an offence and is liable— (
  1. a)on summary conviction, to a fine not exceeding €5,000, or (
  2. b)on conviction on indictment, to a fine not exceeding €100,000.
(2)In the case of a ship to which this Chapter applies— (a) an international certificate of fitness (INF) for the time being in force in respect of the ship is not available on board for examination in contravention of section 38
(4), (b) the owner or master of the ship, without reasonable excuse, fails to make a report as provided for in section 38
(5)(
  1. a)and (b), or (
  2. c)the ship operates to carry nuclear cargo or attempts to operate or proceeds, or attempts to proceed, to sea— (
  3. i)without an international certificate of fitness (INF) for the time being in force in respect of the ship in contravention of section 37
(6)(a), or (ii) being regarded as an unsafe ship under section 37
(6)(b), in contravention of a notice of detention under section 66 , then the owner (if in fault) and the master (if in fault) commits an offence and is liable— (
  1. i)in the case of an offence under paragraph (
  2. a)or (b), on summary conviction, to a fine not exceeding €5,000, or (
  3. ii)in the case of an offence under paragraph (c)— (I) on summary conviction to a fine not exceeding €5,000, or (II) on conviction on indictment to a fine not exceeding €100,000.
(3)If a ship, in respect of which a notice has been given to its owner or master under section 40
(2)which requires compliance with the rules before the ship proceeds to sea, proceeds or attempts to proceed to sea, without compliance as required in the notice, then the master or owner (as the case may
  1. be)commits an offence and is liable— (
  2. a)on summary conviction, to a fine not exceeding €5,000, or (
  3. b)on conviction on indictment, to a fine not exceeding €100,000. Chapter 4 High-Speed Craft Definitions (Chapter 4). 42.— In this Chapter— “accepted high-speed craft safety certificate” has the meaning assigned to it by section 45
(7)(b); “date constructed” in relation to a ship to which this Chapter applies, means the date the keel of which was laid or was at a similar stage of construction; “High-Speed Craft Code 1994” means the International Code of Safety for High-Speed Craft adopted by the Maritime Safety Committee of the Organisation by Resolution MSC.36
(63)as amended by the Maritime Safety Committee of the Organisation by Resolutions MSC.119
(74), MSC.174
(79)and MSC.221
(82); “High-Speed Craft Code 2000” means the International Code of Safety for High-Speed Craft, 2000 adopted by the Maritime Safety Committee of the Organisation by Resolution MSC.97
(73)as amended by the Maritime Safety Committee of the Organisation by Resolutions MSC.175
(79)and MSC.222
(82); “high-speed craft” means a ship capable of a maximum speed, in metres per second (m/s), equal to or exceeding: 3.7Δ0.1667 where Δ = volume of displacement corresponding to the design waterline (m3); but does not include craft the hull of which is supported completely clear above the water surface in non-displacement mode by aerodynamic forces generated by ground effect; “high-speed craft safety certificate” has the meaning assigned to it by section 45
(1)(a); “high-speed craft rules” means rules made under section 44 ; “maximum speed” means the speed achieved at the maximum continuous propulsion power for which the craft is certified at maximum operational weight and in smooth water; “permit to operate (HSC)” has the meaning assigned to it by section 45
(3)(a); “place of refuge” means any naturally or artificially sheltered area which may be used as a shelter by a ship to which this section applies under conditions likely to endanger its safety; “similar stage of construction” means the stage at which construction identifiable with a specific ship begins, and assembly of that ship has commenced comprising at least 50 tonnes or 3 per cent of the estimated mass of all structural material, whichever is the less; “transit voyage” means a voyage for the purpose of delivery or repositioning of a ship. Application (Chapter 4). 43.—
(1)(
  1. a)Subject to paragraph (b), this Chapter applies to Irish ships which are high-speed craft constructed— (
  2. i)on or after 1 January 1996 and before 1 July 2002 under the High-Speed Craft Code 1994 or on or after 1 July 2002 under the High-Speed Craft Code 2000, and (
  3. ii)to any other ship so constructed, while it is within any port in the State, unless it would not have been in any such port but for stress of weather or any other circumstance that neither the master nor the owner of the ship could have prevented or forestalled, and which does not proceed in the course of its voyage— (I) where the ship is a passenger ship, more than 4 hours at 90 per cent of maximum speed from a place of refuge, and (II) in any other case, being of 500 gross tonnage and upwards, more than 8 hours at 90 per cent of maximum speed from a place of refuge when fully laden. (
  4. b)Paragraph (
  5. a)does not apply to— (
  6. i)high-speed passenger craft to which Article 3 of Directive 2009/45/EC of the European Parliament and of the Council of 6 May 2009 1 on safety rules and standards for passenger ships (recast) applies, or (
  7. ii)ships of war, troopships, fishing vessels and pleasure yachts not engaged in trade.
(2)The following do not apply to a ship to which this Chapter applies, namely— (
  1. a)rules made under— (
  2. i)section 10, 15, or 18 of the Act of 1952, (
  3. ii)section 3 of the Act of 1966, and (iii) section 82 or 84 of this Act, (
  4. b)the issue of a general certificate, short voyage safety certificate, a qualified safety certificate or a qualified short voyage safety certificate as referred to in section 20 of the Act of 1952, (
  5. c)the issue of a safety equipment certificate under section 22 or of a radio certificate under section 23 of the Act of 1952, (
  6. d)the issue of a cargo ship safety construction certificate under section 4 of the Act of 1966, (
  7. e)the issue of a passenger ship’s certificate under section 8 of the Act of 1992 or under that section as applied by the European Communities (Passenger Ships) Regulations 2004 ( S.I. No. 716 of 2004 ), (
  8. f)the issue of a cargo ship safety certificate under section 13 of this Act, and (
  9. g)the provisions of— (
  10. i)section 26 of the Act of 1952, and (
  11. ii)section 12 of the Act of 1992. High-speed craft rules. 44.—
(1)The Minister may, in relation to any ships to which this Chapter applies, make rules ( “high-speed craft rules” ) prescribing requirements for— (
  1. a)the design, construction, machinery of and fuel used in, equipment, subdivision and stability, electrical installations, fire protection, life-saving appliances and arrangements, navigation and tracking, and radio communications of such ships, (
  2. b)the management, operation and maintenance of such ships, (
  3. c)repairs, alterations, modifications and outfitting related to it, and (
  4. d)such ships to be surveyed to such extent, and in such manner and at intervals as may be prescribed by the rules.
(2)Without prejudice to subsection
(1)high-speed craft rules may include requirements for all or any of the following matters— (
  1. a)buoyancy and stability of the ship, (
  2. b)structure of the ship, (
  3. c)accommodation and escape measures, (
  4. d)directional control, anchoring, towing and berthing of the ship, (
  5. e)fire safety and life saving appliances and arrangements, (
  6. f)machinery, auxiliary systems, remote control, alarm and safety systems, (
  7. g)electrical installations, shipborne navigational systems and equipment and voyage data recorders, (
  8. h)radiocommunications, (
  9. i)navigation and tracking systems and equipment and voyage data recorders, (
  10. j)operating compartment layout, (
  11. k)stabilisation systems, handling, controllability and performance of the ship, (
  12. l)operational limits and requirements including craft operational control, recording of passenger details, training and qualifications of crew, manning survival craft and supervision, emergency instructions and drills, (
  13. m)inspection and maintenance requirements, (
  14. n)ship’s management, (
  15. o)carriage on board of adequate information and guidance in the form of technical manuals to enable the ship to be operated and maintained safely, (
  16. p)notification of accidents or defects, (
  17. q)format for high-speed craft safety certificates and permit to operate (HSC), and (
  18. r)conditions and procedures relating to the application for and grant of permit to operate (HSC).
(3)In making high-speed craft rules the Minister may categorise ships into different classes having regard to one or more of the following, where appropriate— (
  1. a)the service for which such ships are to be employed, (
  2. b)the nature and duration of voyages to be undertaken, (
  3. c)the type and quantity of cargo such ships are designed to carry on board, (
  4. d)the age and date of construction of such ships, (
  5. e)the number of passengers or other persons, or both, that such ships are designed to carry on board, and (
  6. f)such other matter or matters that the Minister considers appropriate to take into account in the circumstances.
(4)Different high-speed craft rules may be made in respect of different classes of ship for different circumstances and for different areas of operation.
(5)High-speed craft rules shall include such requirements as appear to the Minister to be necessary to implement the provisions of the Safety Convention, including the HSC codes, in relation to high-speed craft.
(6)Subject to subsection
(2), the powers conferred on the Minister by this Chapter are in addition to the powers conferred by any other enactment enabling him or her to prescribe the requirements that ships to which this Chapter applies must comply with. Certification and endorsement of high-speed craft (Chapter 4). 45.—
(1)(
  1. a)Where after a declaration of survey, made by a surveyor of ships following a survey under the high-speed craft rules of an Irish ship to which this Chapter applies, is received by the Minister and if he or she is satisfied that the ship complies with such rules as are relevant to such ship, he or she shall issue, in respect of the ship, a certificate ( “high-speed craft safety certificate” ) in the form prescribed in the high-speed craft rules. (
  2. b)In this subsection “declaration of survey” means a declaration made under section 272 (as applied by section 27
(2)of the Act of 1952 and section 3
(4)of the Act of 1966) of the Principal Act. (c) A survey under paragraph (a), subsection
(2)(
  1. a)and (
  2. b)and sections 46
(2)and 47
(3)(b) includes a survey by a radio surveyor, within the meaning of section 16 of the Act of 1952.
(2)(
  1. a)An Irish ship in respect of which a high-speed craft safety certificate is in force shall be subject to such further survey or surveys as are provided for in the high-speed craft rules to ensure that the ship continues to comply with the requirements of such rules. (
  2. b)Where, following a survey referred to in paragraph (a), the Minister is satisfied that the ship continues to comply with the requirements of the high-speed craft rules he or she shall endorse the high-speed craft safety certificate to that effect.
(3)(
  1. a)Subject to paragraph (b), the Minister may issue in respect of an Irish ship to which this Chapter applies and for which there is a high-speed craft safety certificate for the time being in force, a permit to operate a high-speed craft (“permit to operate (HSC)”), in the form prescribed in the high-speed craft rules, stipulating the conditions of operation for such ship, where he or she is satisfied that the requirements of the high-speed craft rules relevant to the ship in relation to the issue of such a permit, are being complied with. (
  2. b)Before a permit to operate (HSC) is issued to a ship to which this Chapter applies which is intended to operate on international voyages, the Minister, or such person as he or she may have appointed for that purpose, shall consult with the appropriate authorities of the government of each state to which the ship is to voyage, to obtain details of any operational conditions associated with the operation of the ship in that state which they may require and these operational conditions shall be included in the permit to operate (HSC).
(4)(
  1. a)Subject to paragraph (b), an Irish ship to which this Chapter applies— (
  2. i)must not proceed or attempt to proceed to sea unless a high-speed craft safety certificate for the time being in force in respect of the ship, and (
  3. ii)must not operate or attempt to operate to carry passengers or cargo unless a permit to operate (HSC) for the time being in force in respect of the ship in relation to such carriage, is in force in relation to it. (
  4. b)A ship to which this Chapter applies may undertake transit voyages without a permit to operate (HSC) for the time being in force in respect of the ship provided there is a high-speed craft safety certificate for the time being in force in relation to it, and— (
  5. i)the ship is not transporting passengers or cargo, (
  6. ii)the owner has developed a safety plan for the voyage, (iii) the master is provided with the materials and information necessary to operate the ship safely during the voyage, and (
  7. iv)the Minister, or such person as he or she may authorise for the purpose, is satisfied that arrangements have been made for the safe conduct of the voyage. (
  8. c)An Irish ship which— (
  9. i)proceeds, or attempts to proceed, to sea without a high-speed craft safety certificate for the time being in force in respect of the ship in contravention of paragraph (a)(i), (
  10. ii)operates, or attempts to operate, to carry passengers or cargo without a permit to operate (HSC) for the time being in force in respect of the ship in contravention of paragraph (a)(ii), or (iii) undertakes transit voyages in contravention of paragraph (b), shall be regarded as an unsafe ship for the purposes of Chapter 7 .
(5)(
  1. a)Subject to paragraphs (
  2. b)and (c), a high-speed craft safety certificate shall be in force for a period not exceeding 5 years or such shorter period as may be specified in it. The certificate may be cancelled where the Minister, or such person as he or she may authorise for the purpose, is satisfied that the ship no longer complies with any of the requirements of the high-speed craft rules applicable to it. (
  3. b)The Minister may extend the period for which a high-speed craft safety certificate may be in force subject to a maximum period not exceeding 5 years and 5 months as may be prescribed in the high-speed craft rules. (
  4. c)A high-speed craft safety certificate ceases to be in force— (
  5. i)if any relevant survey of it has not been completed within the periods specified for such survey as prescribed by the high-speed craft rules or as required under section 47
(3)(b), (ii) if such certificate is not endorsed under subsection
(2)(b), (iii) upon any unapproved alteration affecting the safety or certification of the ship in contravention of section 47
(1)(a), or (iv) upon transfer of the ship to the flag of another state.
(6)(
  1. a)Subject to paragraphs (
  2. b)and (c), a permit to operate (HSC) is in force for a period not exceeding 5 years or such shorter period as may be specified in it and may be cancelled where the Minister is satisfied that the conditions for the grant of such permit are no longer being complied with. (
  3. b)The Minister may extend the period for which a permit to operate (HSC) under this Chapter may be in force subject to an overall maximum period of validity of 5 years and 5 months for any such permit. (
  4. c)A permit to operate (HSC) in respect of a ship to which this Chapter applies ceases to be in force whenever the high-speed craft safety certificate for such ship ceases to be in force.
(7)(a) Sections 27
(9)and 28
(1)of the Act of 1952 apply in relation to high-speed craft safety certificates as they apply to a certificate the issue of which is authorised under that Act. (b) Section 28
(2)of the Act of 1952 applies in relation to high-speed craft safety certificates as it applies to a certificate issued under that Act and a high-speed craft safety certificate issued by the government of another country, other than the State, to which the Safety Convention applies, under such Safety Convention, in respect of a ship to which this Chapter applies, other than an Irish ship, and accepted as having the same force in the State as a high-speed craft safety certificate shall be referred to as an accepted high-speed craft safety certificate.
(8)(a) The references to a high-speed craft safety certificate in subsection
(4)(a)(i),
(7), and section 49
(2)(
  1. a)and (d), shall, in the case of a ship other than an Irish ship, be read as meaning an accepted high-speed craft safety certificate. (
  2. b)The references to a permit to operate (HSC) in subsection
(4)(a)(ii) and in section 49
(2)(
  1. b)and (
  2. e)shall, in the case of a ship to which this Chapter applies, other than an Irish ship, be construed as meaning a permit for the time being in force to operate a high-speed craft issued by the appropriate authorities of the government of a state to which the Safety Convention applies, other than the State, in accordance with the High-Speed Craft Code 1994 or the High-Speed Craft Code 2000.
(9)The Minister may authorise on his or her behalf a person to issue, endorse, cancel or extend a high-speed craft safety certificate or a permit to operate (HSC). Duties of owners and masters (Chapter 4). 46.—
(1)It is the duty of the owner and master of an Irish ship to which this Chapter applies— (
  1. a)to ensure it complies with the requirements of the high-speed craft rules, and (
  2. b)to maintain such ship in conformity with the high-speed craft rules to ensure that the ship in all respects remains fit to operate without danger to the ship or the persons on board.
(2)It is the duty of the owner and master of an Irish ship to which this Chapter applies— (
  1. a)before the ship is put into service, (
  2. b)before the high-speed craft safety certificate is issued in its respect for the first time, and (
  3. c)before the ship continues in service after the expiration of its high-speed craft safety certificate, to have the ship surveyed by a surveyor of ships and a radio surveyor or such other person or persons as the Minister may authorise for such purpose, in accordance with the high-speed craft rules.
(3)It is the duty of the owner and master of an Irish ship to which this Chapter applies to have it surveyed under section 45
(2)(a) or section 47
(3)(b) where required.
(4)(
  1. a)Without prejudice to section 23 of the Act of 2000, whenever an accident occurs to an Irish ship to which this Chapter applies, or a defect to such ship is discovered, either of which affects the safety of the ship or the efficiency or completeness of its structure, equipment, fittings, arrangements and materials, the owner or master of the ship must, at the earliest opportunity, report the matter to the Chief Surveyor or any other surveyor of ships in the Marine Survey Office, Department of Transport. (
  2. b)In the case that the ship is in a port of a state to which the Safety Convention applies, other than the State, the owner or master must also report at the earliest opportunity to the appropriate authorities of the government of that state.
(5)It is the duty of the owner and master of an Irish ship to which this Chapter applies— (a) to ensure that it complies with section 45
(4), (
  1. b)to ensure that the permit to operate (HSC) is available on board for examination at all times, and (
  2. c)to ensure that the high-speed craft safety certificate is available on board for examination at all times. Compliance (Chapter 4). 47.—
(1)(
  1. a)No change shall be made in the structure, equipment, fittings, arrangements and material of a ship covered by a survey under the high-speed craft rules, other than by direct replacement, without the approval of the Minister or a person authorised by him or her for such purpose. (
  2. b)Repairs, alterations and modifications of a major character, and outfitting related thereto, in relation to a ship to which this Chapter applies, constructed on or before 1 July 2002 are required to meet the requirements for a ship constructed on or after 1 July 2002 insofar as may be directed by the Minister.
(2)(
  1. a)Where the high-speed craft rules require that a particular fitting, material, appliance or apparatus, or type of it, must be fitted or carried in a ship to which this Chapter applies, or that any particular provision must be made, the Minister, if he or she is satisfied, by trial of it or otherwise, that such fitting, material, appliance or apparatus, or type thereof, or provision, is at least as effective as that required by the rules, may allow such fitting, material, appliance or apparatus, or type thereof, or provision. (
  2. b)Where compliance with any of the requirements of the high-speed craft rules would be impracticable in relation to the particular or novel design of a ship to which this section applies, the Minister may agree for the substitution of alternative requirements provided that he or she is satisfied that such arrangements provide equivalent safety.
(3)Following receipt of a report referred to in section 46
(4)(
  1. a)the Chief Surveyor or other surveyor of ships notified shall— (
  2. a)if the ship is in the jurisdiction of another state to which the Safety Convention applies, ensure that the matter is reported by the master or owner of the ship to the appropriate authorities of the government of that state, and (
  3. b)arrange for any additional survey which in his or her opinion may be required in the circumstances under the high-speed craft rules. Powers of surveyors (Chapter 4). 48.—
(1)A surveyor of ships may board and inspect any ship, being a ship to which this Chapter applies, for the purpose of seeing that it complies with the high-speed craft rules including the conditions, if any, for the operation of the ship attached to its permit to operate (HSC).
(2)If a surveyor of ships finds that a ship to which this Chapter applies, fails to comply with any high-speed craft rules relevant to it or to any conditions attached to its permit to operate (HSC), he or she shall give a notice in writing to the owner or master stating in what respect the ship fails to comply with them.
(3)A surveyor of ships may board and inspect any ship to which this Chapter applies for the purposes of seeing that a notice given under this section has been complied with.
(4)A surveyor of ships may make such tests (either on the ship or ashore or at dock) ask such questions, inspect such documents or records and have access to such parts of the ship as he or she considers appropriate for that purpose. Offences (Chapter 4). 49.—
(1)If any provision of this Chapter or of the relevant high-speed craft rules are not complied with, then the owner of the ship (if in fault) and the master of the ship (if in fault) commits an offence and is liable— (a) on summary conviction to a fine not exceeding €5,000, or (b) on conviction on indictment to a fine not exceeding €100,000.
(2)In case of a ship to which this Chapter applies— (a) a high-speed craft safety certificate for the time being in force issued in respect of the ship is not available on board for examination in contravention of section 46
(5)(c), (b) a permit to operate (HSC) for the time being in force issued in respect of the ship is not available on board for examination in contravention of section 46
(5)(b), (c) the owner or master of the ship, without reasonable excuse, fails to make a report as provided for in section 46
(4)(
  1. a)or (b), (
  2. d)the ship proceeds or attempts to proceed to sea without a high-speed craft safety certificate for the time being in force issued in respect of the ship in contravention of section 45
(4)(
  1. a)(i), (
  2. e)the ship operates or attempts to operate to carry passengers or crew without a permit to operate (HSC) for the time being in force in respect of the ship as required under section 45
(4)(a)(ii), (f) undertakes a transit voyage in contravention of section 45
(4)(b), or (g) being regarded as an unsafe ship under section 45
(4)(
  1. c)proceeds or attempts to proceed to sea, operates or attempts to operate to carry passengers or crew or undertakes a transit voyage in contravention of a notice of detention under section 66 , then the owner of the ship (if in fault) or the master of the ship (if in fault) commits an offence and is liable— (
  2. i)in the case of an offence under paragraphs (a), (
  3. b)and (c), on summary conviction, to a fine of €5,000, or (
  4. ii)in the case of an offence under paragraph (d), (e), (
  5. f)and (g)— (I) on summary conviction, to a fine not exceeding €5,000, or (II) on conviction on indictment, to a fine not exceeding €100,000.
(3)If a ship, in respect of which a notice has been given to its owner or master under section 48
(2)which requires compliance with the rules in accordance with the notice before the ship proceeds to sea, proceeds or attempts to proceed to sea, without compliance as required in the notice, then the owner or master (as the case may
  1. be)commits an offence and is liable— (
  2. a)on summary conviction, to a fine not exceeding €5,000, or (
  3. b)on conviction on indictment, to a fine not exceeding €100,000. Chapter 5 Tendering Operations Regulations Definitions (Chapter 5). 50.— In this Chapter— “at anchor” means at anchor or moored to a mooring device that is secured to the sea bed or is otherwise not in a position to provide direct means of access for passengers or crew or both to or from the shore; “passenger boat” has the meaning assigned to it in section 2
(1)of the Act of 1992; “passenger ship” has the meaning assigned to it in section 2
(1)of the Act of 1992; “permit to tender” means a permit to undertake tendering operations issued under section 53 ; “safety management certificate” means a certificate issued under regulation 3 of the European Communities (Maritime) (International Safety Management Code) Regulations 2008 ( S.I. No. 60 of 2008 ) or under Regulation 4 of Chapter IX of the Annex to the Safety Convention; “tender” means a passenger boat or a passenger ship which carries passengers or crew or both to or from a vessel at anchor from or to a place in the State; “tendering operation” means the carrying of passengers or crew or both to or from a ship or boat at anchor from or to a place in the State by a tender or by a vessel’s tender; “tendering operations regulations” means regulations made under section 52 ; “tendering operations safety plan” means a plan covering details of the proposed tendering operation in accordance with section 52 ; “vessel’s tender” means a vessel which is launched and recovered from a passenger steamer, including a passenger ship, in respect of which a valid safety management certificate is in force, for the purpose of carrying passengers or crew or both to or from a place in the State and which forms part of such steamer’s equipment and where the steamer’s safety management system encompasses the safe operation of the vessel’s

AI explanation based on the official legal text. Indicative, not a substitute for legal advice.