Merchant Shipping (Fees) Regulations 2010.

• Statutory Instrument No.: 595/2010
• Published date: 17 December 2010

Notice of the making of this Statutory Instrument was published in

“Iris Oifigiúil” of 17th December, 2010.

I, NOEL DEMPSEY, Minister for Transport, in exercise of the powers conferred on me by section 463 of the Merchant Shipping Act 1894, section 26 of the Merchant Shipping (Load Lines) Act 1968 (No. 17 of 1968), sections 3 and 8 (as amended by section 91 of the Merchant Shipping Act 2010 (No.14 of 2010)) of the Merchant Shipping (Certification of Seamen) Act 1979 (No. 37 of 1979), sections 18, 19, 20 (all as amended by section 47 of the Maritime Safety Act 2005 (No. 11 of 2005) as amended by section 15 of the Merchant Shipping Act 2010 (No. 14 of 2010)) and section 31 (as amended by section 44 of the Merchant Shipping (Investigation of Marine Casualties) Act 2000 (No. 14 of 2000)) of the Merchant Shipping Act 1992 (No. 2 of 1992) and the Maritime Transport, Safety and Security (Transfer of Departmental Administration and Ministerial Functions) Order ( S.I. No. 842 of 2005 ), with the consent of the Minister for Finance, hereby make the following regulations:

1. (1) These Regulations may be cited as the Merchant Shipping (Fees) Regulations 2010.

(2) These Regulations come into operation on 15 December 2010.

2. In these Regulations—

“Act of 1992” means the Merchant Shipping Act 1992 (No. 2 of 1992);

“Act of 2010” means the Merchant Shipping Act 2010 (No. 14 of 2010);

“examination” means an examination under section 3 (as amended by section 91 of the Act of 2010) of the Merchant Shipping (Certification of Seamen) Act 1979 (No. 37 of 1979);

“GT” means gross tonnage as measured in accordance with regulation 7 of the Mercantile Marine (Tonnage) Regulations 2007 ( S.I. No. 369 of 2007 );

“Load Line Rules” mean the Merchant Shipping (Load Line) Rules 2001 ( S.I. No. 424 of 2001 );

“passenger boat” has the meaning assigned to it by section 2 of the Act of 1992;

“passenger ship” has the meaning assigned to it by section 2 of the Act of 1992;

“sister ship” means a ship which corresponds in all major respects relevant to the measurement for tonnage with a ship the tonnage of which has been previously ascertained under the Tonnage Regulations, and for which the calculation for tonnage is available to the Certifying Authority to which, prior to the commencement of its measurement for tonnage, application has been made in writing by or on behalf of the owner of the ship requesting it to be treated as a sister ship;

“Superintendent” means a superintendent of a Mercantile Marine Office or duly appointed deputy.

3. (1) The fee payable in respect of a passenger boat licence issued under section 15 of the Act of 1992 shall be €29.

(2) The fee payable to an authorised person in respect of an initial inspection of a passenger boat for the purposes of Part III of the Act of 1992 shall be-

(a)€115, and

(b) where subsequent inspection is required in connection with an application for the grant of the licence to which the initial inspection related, an amount of €58 for each hour taken by the authorised person to carry out such subsequent inspection.

4. (1) The fees specified in Part 1 of Schedule 1 shall be payable in respect of an initial survey of passenger ships referred to in that Part.

(2) The fees specified in Part 2 of Schedule 1 shall be payable in respect of a renewal survey of passenger ships referred to in that Part.

5. (1) The fees specified in Part 1 of Schedule 2 shall be payable in respect of the load line surveys and inspections specified in Chapters A, B and C of that Part.

(2) The fees specified in Part 2 of Schedule 2 shall be payable in respect of other examinations and inspections required by the Load Line Rules.

(3) The fees specified in Part 3 of Schedule 2 shall be payable in respect of seaworthiness surveys.

6. For the purposes of sections 3 and 8 (as amended by section 91 of the Act of 2010) of the Merchant Shipping (Certification of Seamen) Act 1979 (No. 37 of 1979), the fees specified in Schedule 3 are prescribed as the fees payable in respect of examinations relating to the competency certification of ship personnel referred to in that Schedule.

Regulation 4.

SCHEDULE 1Passenger Ships

Part 1

1. Initial survey of a passenger ship for the carriage of more than 36 passengers:

GT of ship(1) Fee(2)€ Not exceeding 50 1,084 Exceeding 50 and not exceeding 100 2,023 Exceeding 100 and not exceeding 500 3,056 Exceeding 500 3,056plus an additional €1,937 for each 500GT or part thereof by which the ship exceeds 500GT

2. The fee payable for an initial survey of a passenger ship for the carriage of not more than 36 persons shall be €380.

3. The fees payable in respect of an initial survey of a ship referred to in paragraphs (1) and (2) of this Part shall be paid in full in respect of a new ship or a ship coming under survey for the first time even though a certificate for 12 months may not be required.

Part 2

1. Renewal survey of passenger ships for the carriage of more than 36 passengers:

GT of ship(1) Fee(2)€ Not exceeding 50 545 Exceeding 50 and not exceeding 100 1,011 Exceeding 100 and not exceeding 500 1,528 Exceeding 500 1,528plus an additional €469 for each 500GT or part thereof by which the ship exceeds 500GT.

2. The fee payable for a renewal survey of a passenger ship for the carriage of not more than 36 passengers shall be €186.

3. (1) Subject to subparagraph (2), where a passenger ship certificate is required for a period of less than 12 months, the fee payable in respect of a renewal survey shall be-

(a) determined on the basis of the period remaining between the date of termination of the survey and the date of expiration of the certificate, and

(b) calculated at the rate of one-twelfth of the fee specified in paragraphs 1 and 2 of this Part for each month or part of a month.

(2) Where the renewal survey relates to a certificate for a period of more than 30 days, the fee payable shall be no less than-

(a) in the case of a ship not exceeding 100GT, one quarter of the appropriate fee specified in the Table at paragraph 1 or €545, whichever is the greater,

(b) in the case of a ship exceeding 100GT, one quarter of the appropriate fee specified in the Table at paragraph 1 or €818, whichever is the greater,

(c) in any case where, in accordance with a declaration of survey, a passenger certificate has been issued for a limited period owing to a requirement for further surveys to be carried out as specified in the declaration of survey the total fee payable shall not exceed that required for a certificate issued for 12 months.

Regulation 5.

SCHEDULE 2 Load line surveys and inspections, loading of grain cargoes and surveys for seaworthiness

Part 1 Load line surveys and inspections

1. The fees payable in respect of each survey or inspection mentioned in Chapters A, B and C of Part 1 of this Schedule shall be determined by the amount of work involved, charged at an hourly rate of €72.

2. Notwithstanding paragraph 1, the fees payable in respect of each survey or inspection mentioned in Chapters A, B and C shall not exceed the amounts prescribed in those Chapters.

3. Reference in Chapters B or C to a standard fee are references to the fee set out in Section A appropriate to the tonnage of the ship concerned.

Chapter A

4. Table of standard fees for load line surveys and inspections:

GT of Ship(1) InitialSurvey(2) Periodical Survey(3) Periodical Inspection(4) Exceeds Does notExceed 0 50 100 5003,0008,000 50 100 5003,0008,000 €868.00€1,550.00 €1,550.00 €1,550.00 €14,542.00 €14,929.00 €825.00 €1,456.00 €3,278.00 €3,278.00 €3,278.00 €5,452.00 €459.00 €911.00€911.00 plus an additional €50.00 for each 100GT or part thereof by which the ship exceeds 100GT €2,275.00€2,275.00

Chapter B

5. Adjustments of Standard Fees:

Ref No.(1) Matter in respect of which fee is payable(2) Fee€(3) 5. 1 For an initial survey of a classed ship 30% of the standard fee for an initial survey 5. 2 Fee for a periodical survey of a classed ship. 125% of the standard periodical inspection fee 5. 35.3.15.3.25.3.3 For a survey or inspection of a ship carried out concurrently with a survey for passenger ship certification and/or safety certificates-for an initial surveyfor a periodical surveyfor a periodical inspection 12. 5% of the standard fee for an initial survey.50% of the standard periodical inspection fee.No fee. 5. 4 For a survey of a ship in respect of which a load line certificate or...