Licensing of Passenger Boats (Exemption) Regulations, 2002

CitationIR SI 274/2002

I, Frank Fahey, Minister for the Marine and Natural Resources, in exercise of the powers conferred on me by section 14A(1)(a) of the Merchant Shipping Act, 1992 (No. 2 of 1992), inserted by section 4 (c) of the Merchant Shipping (Miscellaneous Provisions) Act, 1998 (No. 20 of 1998) hereby make the following Regulations:

1. Citation and Commencement

(i) These Regulations may be cited as the Licensing of Passenger Boats (Exemption) Regulations, 2002;

(ii) These Regulations shall come into force on 6th day of June 2003

2. Interpretation

In these Regulations —

“approved” means approved by the Minister or by a body or organisation recognised by the Minister for such purpose and which is identified in a Marine Notice;

“authorised officer” means —

(a) any person authorised in writing by the Minister to exercise the powers conferred on an authorised officer by the Merchant Shipping Act, 1992 ,

(b) a person holding commissioned naval rank in the Permanent Defence Forces, while in uniform,

(c) a member of the Garda Síochána, while in uniform, or

(d) as respects the harbour of which he is the harbour master, a person appointed to be a harbour master by one of the following, that is to say:

(i) a harbour authority within the meaning of the Harbours Act, 1946 ,

(ii) the Commissioners of Public Works in Ireland,

(iii) the Minister for the Marine,

(iv) a local authority, and

(v) Iarnród Éireann — Irish Rail;

“authorised person” means a surveyor or a person authorised in writing by the Minister to carry out inspections of vessels for purposes of Part III of the Merchant Shipping Act, 1992 (No. 2 of 1992);

“collision regulations” means the Collision Regulations (Ships and Water Craft on the Water) Order 1984 ( S.I. No. 29 of 1984 ) as amended;

“crew” means any person other than a passenger;

“declaration” means a declaration in the form contained in a Marine Notice and cognate words shall be construed accordingly;.

“domestic voyage” means a voyage from a place in the State to the same or another place in the State;

“efficient” in relation to a fitting, piece of equipment or material means that all reasonable and practicable measures have been taken to ensure that it is suitable for the purpose for which it is intended to be used;

“fully loaded condition” means loaded with fuel, stores and weights representing the total number of passengers and crew to be carried, based on 75 kg per person;

“intoxicant” includes alcohol or drugs or any combination of drugs or drugs and alcohol;

“length” means the overall length measured from the foreside of the foremost fixed permanent structure to the aftside of the aftermost fixed permanent structure of the passenger boat;

“Marine Notice” means a Notice described as such and issued by the Department of the Marine and Natural Resources and which may be amended or replaced from time to time;

“Minister” means the Minister for the Marine and Natural Resources;

“open vessel” means a boat which is not a fully decked vessel, a well decked vessel or an open cockpit vessel;

“owner”, in relation to a vessel, means the person registered under the Mercantile Marine Act 1955 as the owner of the vessel or, if no person is so registered, the person who owns the vessel, and includes any part owner...

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