European Communities (Passenger Ships) Regulations, 2011

• Jurisdiction: Ireland
• Citation: IR SI 322/2011
• Year: 2011

ARRANGEMENT OF REGULATIONS

Regulation

1. Citation and commencement

2. Interpretation and application

3. Safety requirements — passenger ships

4. Safety requirements — high-speed passenger craft

5. Stability requirements and phasing out of ro-ro passenger ships

6. Safety requirements for persons with reduced mobility

7. Exemptions

8. Surveys — passenger ships

9. Surveys — high-speed passenger craft

10. Certificates — passenger ships

11. Certificates — high-speed passenger craft

12. Sections 25 and 26 of Act of 1992 to apply

13. Offences and penalties

14. Fees

15. Revocation

Schedule

Fire Appliances Rules

Fire Protection Rules

Life-Saving Appliances

Passenger Ship Construction

S.I. No. 322 of 2011

EUROPEAN COMMUNITIES (PASSENGER SHIPS) REGULATIONS 2011

Notice of the making of this Statutory Instrument was published in

“Iris Oifigiúil” of 1st July, 2011.

I, LEO VARADKAR, Minister for Transport, Tourism and Sport in exercise of the powers conferred on me by section 3 of the European Communities Act 1972 (No. 27 of 1972), and for the purpose of giving effect to Directive 2009/45/EC of the European Parliament and of the Council of 6 May 20091 , as amended by Commission Directive 2010/36/EU of 1 June 20102 , hereby make the following regulations:

Citation and commencement

1. (1) These Regulations may be cited as the European Communities (Passenger Ships) Regulations 2011.

(2) These Regulations shall come into operation on 29 June 2011.

Interpretation and application

2. (1) In these Regulations—

“Act of 1952” means the Merchant Shipping (Safety Convention) Act 1952 (No. 29 of 1952);

“Act of 1955” means the Mercantile Marine Act 1955 (No. 29 of 1955);

“Act of 1959” means the Maritime Jurisdiction Act 1959 (No. 22 of 1959);

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

“Directive” means Directive 2009/45/EC of the European Parliament and of the Council of 6 May 20091 as amended by Commission Directive 2010/36/EU of 1 June 20102;

“high-speed passenger craft” means a high-speed passenger craft to which the Directive applies engaged on a domestic voyage;

“internal waters of the State” shall be construed in accordance with section 5 of the Act of 1959;

“Irish high-speed passenger craft” means a high-speed passenger craft that is entitled to wear the proper national colours within the meaning of section 10 of the Act of 1955 or that is a ship to which section 18(3) of that Act applies;

“Irish passenger ship” means a passenger ship that is entitled to wear the proper national colours within the meaning of section 10 of the Act of 1955 or that is a ship to which section 18(3) of that Act applies;

“maritime administration” in relation to a Member State (other than the State) or a third country, means the person who, in that Member State or third country, exercises functions the same as or similar to those exercised by the Minister under these Regulations;

“Member State” means a member state of the European Communities;

“Minister” means the Minister for Transport, Tourism and Sport;

“passenger ship” means a passenger ship to which the Directive applies engaged on a domestic voyage;

“recognised organisation” means a recognised organisation to which an authorisation under the European Communities (Ship Inspection and Survey Organisations) Regulations 2011 ( S.I. No. 275 of 2011 ) has been granted or continued;

“surveyor of ships” means a person appointed under section 724 of the Merchant Shipping Act 1894 to be a surveyor of ships for the purposes of that Act;

“territorial seas” means the territorial seas of the State for the purposes of the Act of 1959;

“third country” means a state other than a Member State.

(2) A word or expression that is used in these Regulations and that is also used in the Directive has, unless the contrary intention appears, the same meaning in these Regulations as it has in the Directive.

(3) (a) These Regulations apply to the following passenger ships of Classes A, B, C and D, as defined in Article 4.1 of the Directive, regardless of their flag, when engaged on domestic voyages:

(i) new passenger ships;

(ii) existing passenger ships of 24 metres in length and above;

(iii) high-speed passenger craft.

(b) These Regulations shall have effect notwithstanding any provision to the contrary in regulations, rules or orders applying to passenger ships or any class of passenger ship immediately before the coming into operation of these Regulations.

(4) The instruments specified in the Schedule shall not apply to ships to which these Regulations apply.

Safety requirements — passenger ships

3. (1) Where, in respect of a new or existing Irish passenger ship—

(a) the standards referred to in subparagraph (a) of Article 6.1 of the Directive, or

(b) the provisions specified in subparagraph (b) or (c) of the said Article 6.1,

are not complied with, the owner, operator and master of the passenger ship concerned are each guilty of an offence.

(2) Where, in respect of a new Irish passenger ship—

(a) the general requirements specified in subparagraph (a) of Article 6.2 of the Directive, or

(b) the load line requirements specified in subparagraph (b) of the said Article 6.2,

are not complied with, the owner, operator and master of the passenger ship concerned are each guilty of an offence.

(3) Subject to subparagraph (f) of Article 6.3 of the Directive, the owner, operator and master of an existing Irish passenger ship of class A, engaged on a domestic voyage, in respect of which there has been a failure to comply with the Regulations or specific relevant requirements referred to in subparagraph (a) of the said Article 6.3, are each guilty of an offence.

(4) Subject to the said subparagraph (f), the owner, operator and master of—

(a) an existing Irish passenger ship of Class B in respect of which, there has been a failure to comply with the specific relevant requirements referred to in subparagraph (b) of the said paragraph 3, or,

(b) an existing Irish passenger ship of Class C or D in respect of which there has been a failure to comply with—

(i) the specific relevant requirements referred to in subparagraph (c) of that paragraph, or

(ii) such rules as are agreed by the maritime administration of the host state concerned and the Minister,

are each guilty of an offence.

(5) Where, in respect of an existing Irish passenger ship, there has been a failure to comply with subparagraph (e) of the said Article 6.3, the owner, operator and master of the passenger ship concerned are each guilty of an offence.

(6) References in this Regulation to an Irish passenger ship shall include references to a passenger ship, while in the internal waters of the State or the territorial seas, that is entitled to fly the flag of a Member State (other than the State) or a third country, subject to the modification that, when so construing those references the reference in paragraph (4)(b)(ii) to “maritime administration of the host state” shall be construed as a reference to “the maritime administration of the flag state of the passenger ship concerned”.

Safety requirements — high-speed passenger craft

4. (1) Where, in respect of an Irish high-speed passenger craft, there has been a contravention of Article 6.4 of the Directive the owner, operator and master of the high-speed passenger craft concerned are each guilty of an offence.

(2) A reference in paragraph (1) to an Irish high-speed passenger craft shall include a reference to a high-speed passenger craft, while in the internal waters of the State or the territorial seas, that is entitled to fly the flag of a Member State (other than the State) or a third country.

Stability requirements and phasing out of ro-ro passenger ships

5. (1) Where, in respect of a ro-ro passenger ship of Class A, B, or C—

(a) the keel of which is, on or after 1 October 2004, laid or at a similar stage of construction, and

(b) there has been a failure to comply with Article 7(1) of the Directive,

then, the owner, operator and master of the ro-ro passenger ship concerned are each guilty of an offence.

(2) Where, in respect of a ro-ro passenger ship of Class A or B—

(a) the keel of...