Collision Regulations (Ships and Water Craft On the Water) Order, 1984

• Jurisdiction: Ireland
• Year: 1984
• Citation: IR SI 29/1984

S.I. No. 29 of 1984.

COLLISION REGULATIONS (SHIPS AND WATER CRAFT ON THE WATER) ORDER, 1984.

The Government, in exercise of the powers conferred on them by sections 418 and 424 of the Merchant Shipping Act, 1894, as adapted and by section 58 of the Air Navigation and Transport Act, 1936 (No. 40 of 1936), hereby, on the recommendation of the Minister for Communications, order as follows:— 1. (1) This Order may be cited as the Collision Regulations (Ships and Water Craft on the Water) Order, 1984.

(2) This Order shall come into operation on the 7th day of February, 1984. 2. The Interpretation Act, 1937 (No. 38 of 1937), applies to this Order. 3. In this Order—

"Irish ship" has the same meaning as in the Merchant Shipping Acts, 1894 to 1983, and includes ships in the service of the State;

"Irish water craft" means a water craft registered in the State;

"the Organisation" means the International Maritime Organisation;

"water craft" means a seaplane or a non-displacement vessel. 4. The International Regulations for Preventing Collisions at Sea, as amended and as set forth in the First Schedule to this Order, shall, with the exception of Rule 37 and Annex IV thereof, constitute the collision regulations referred to in the Merchant Shipping Act, 1894, and in that Act as applied by section 58 of the Air Navigation and Transport Act, 1936 (No. 40 of 1936), and are hereinafter referred to as "the collision regulations". 5. The collision regulations shall apply to Irish water craft on or above the surface of the water wherever such water craft may be. 6. The collision regulations shall apply to—

( a ) all ships on the surface of the water,

( b ) all water craft on or above such surface,

which are ships or water craft of the foreign countries which are included in the countries set forth in the Second Schedule to this Order, whether such ships or water craft are within the jurisdiction of the State or not, and such ships or water craft shall, for the purposes of the collision regulations, be treated as if they were Irish ships and Irish water craft, respectively. 7. Nothing in this Order shall be taken to authorise the prosecution of the master or owner of a foreign ship or the pilot, officer in command or owner of a foreign water craft for any offence consisting only of an act or omission outside the jurisdiction of the State. 8. The Collision Regulations (Ships and Water Craft on the Water) Order, 1977 ( S.I. No. 229 of 1977 ), is hereby revoked.

FIRST SCHEDULE.

INTERNATIONAL REGULATIONS FOR PREVENTING COLLISIONS AT SEA*.

(as amended by Resolution A464 (XII)).

PART A — GENERAL.

RULE 1.

Application.

(a) These Rules shall apply to all vessels upon the high seas and in all waters connected therewith navigable by seagoing vessels.

(b) Nothing in these Rules shall interfere with the operation of special rules made by an appropriate authority for roadsteads, harbours, rivers, lakes or inland waterways connected with the high seas and navigable by seagoing vessels. Such special rules shall conform as closely as possible to these Rules.

*Note: The International Regulations for Preventing Collisions at Sea were approved by the International Conference on Revision of the International Regulations for Preventing Collisions at Sea, 1972 and, as amended by Resolution A464 (XII), have been accepted by the countries specified in the Second Schedule to this Order.

(c) Nothing in these Rules shall interfere with the operation of any special rules made by the Government of any State with respect to additional station or signal lights, shapes or whistle signals for ships of war and vessels proceeding under convoy, or with respect to additional station or signal lights or shapes for fishing vessels engaged in fishing as a fleet. These additional stations or signal lights, shapes or whistled signals shall, so far as possible, be such that they cannot be mistaken for any light, shape or signal authorised elsewhere under these Rules.

(d) Traffic separation schemes may be adopted by the Organisation for the purpose of these Rules.

(e) Whenever the Government concerned shall have determined that a vessel of special construction or purpose cannot comply fully with the provisions of any of these Rules with respect to the number, position, range or arc of visibility of lights or shapes, as well as to the disposition and characteristics of sound-signalling appliances, without interfering with the special function of the vessel, such vessel shall comply with such other provisions in regard to the number, position, range or arc of visibility of lights or shapes, as well as to the disposition and characteristics of sound-signalling appliances, as her Government shall have determined to be the closest possible compliance with these Rules in respect of that vessel.

RULE 2

Responsibility.

(a) Nothing in these Rules shall exonerate any vessel, or the owner, master or crew thereof, from the consequences of any neglect to comply with these Rules or of the neglect of any precaution which may be required by the ordinary practice of seamen, or by the special circumstances of the case.

(b) In construing and complying with these Rules due regard shall be had to all dangers of navigation and collision and to any special circumstances, including the limitations of the vessels invloved, which may make a departure from these Rules necessary to avoid immediate danger.

RULE 3.

General definitions.

For the purpose of these Rules, except where the context otherwise requires:

( a ) The word "vessel" includes every description of water craft, including non-displacement craft and seaplanes, used or capable of being used as a means of transportation on water.

( b ) The term "power-driven vessel" means any vessel propelled by machinery.

( c ) The term "sailing vessel" means any vessel under sail provided that propelling machinery, if fitted, is not being used.

( d ) The term "vessel engaged in fishing" means any vessel fishing with nets, lines, trawls or other fishing apparatus which restricts manoeuverability, but does not include a vessel fishing with trolling lines or other fishing apparatus which do not restrict manoeuvrability.

( e ) The word "seaplane" includes any aircraft designed to manoeuvre on the water.

( f ) The term "vessel not under command" means a vessel which through some exceptional circumstance is unable to manoeuvre as required by these Rules and is therefore unable to keep out of the way of another vessel.

( g ) The term "vessel restricted in her ability to manoeuvre" means a vessel which from the nature of her work is restricted in her ability to manoeuvre as required by these Rules and is therefore unable to keep out of the way of another vessel. The term "vessels restricted in their ability to manoeuvre" shall include but not be limited to:

(i) a vessel engaged in laying, servicing or picking up a navigation mark, submarine cable or pipeline;

(ii) a vessel engaged in dredging, surveying or underwater operations;

(iii) a vessel engaged in replenishment or transferring persons, provisions or cargo while underway;

(iv) a vessel engaged in the launching or recovery of aircraft;

(v) a vessel engaged in mineclearance operations;

(vi) a vessel engaged in a towing operation such as severely restricts the towing vessel and her tow in their ability to deviate from their course.

( h ) The term "vessel constrained by her draught" means a power driven vessel which because of her draught in relation to the available depth of water is severely restricted in her ability to diviate from the course she is following.

( i ) The word "underway" means that a vessel is not at anchor, or made fast to the shore or aground.

( j ) The words "length" and "breadth" of a vessel means her length overall and greatest breadth.

( k ) Vessels shall be deemed to be in sight of another only when one can be observed visually from the other.

( l ) The term "restricted visibility" means any condition in which visibility is restricted by fog, mist, falling snow, heavy rainstorms, sandstorms or any other similar causes.

PART B — STEERING AND SAILING RULES.

Section 1. Conduct of vessels in any condition of visiblity.

RULE 4.

Application.

Rules in this Section apply in any condition of visibility.

RULE 5.

Look-out.

Every vessel shall at all times maintain a proper look-out by sight and hearing as well as by all available means appropriate in the prevailing circumstances and conditions so as to make a full appraisal of the situation and of the risk of collision.

RULE 6.

Safe speed.

Every vessel shall at all times proceed at a safe speed so that she can take proper and effective action to avoid collision and be stopped within a distance appropriate to the prevailing circumstances and conditions.

In determining a safe speed the following factors shall be among those taken into account:

( a ) By all vessels:

(i) the state of visability;

(ii) the traffic density including concentrations of fishing vessels or any other vessels;

(iii) the manoevurability of the vessel with special reference to stopping distance and turning ability in the prevailing conditions;

(iv) at night the presence of background light such as from shore lights or from back scatter of her own lights;

(v) the state of wind, sea and current, and the proximity of navigational hazards;

(vi) the draught in relation to the available depth of water.

( b ) Additionally, by vessels with operational radar:

(i) the characteristics, efficiency and limitations of the radar equipment;

(ii) any constraints imposed by the radar range scale in use;

(iii) the effect on radar detection of the sea state, weather and other sources of interference;

(iv) the possibility that small vessels, ice and other floating objects may not be detected by radar at an adequate range;

(v) the number...