Mercantile Marine (tonnage) Regulations 2007

• Jurisdiction: Ireland
• Citation: IR SI 369/2007
• Year: 2007

ARRANGEMENT OF REGULATIONS

Regulation

PART 1

GENERAL

1. Citation and commencement

2. Definitions

3. Revocation

PART 2

APPLICATION, ASCERTAINMENT OF TONNAGE AND CERTIFICATION FOR ALL SHIPS OF 15 METRES OR MORE IN LENGTH OVERALL

4. Application of Part 2

ASCERTAINMENT OF TONNAGE

5. Method of measurement

6. Calculation of volumes

7. Gross tonnage

8. Net tonnage

9. Tonnages (segregated ballast oil tankers and deck cargoes)

CERTIFICATION

10. Issue of certificates

11. Cancellation of certificates

12. Change of net tonnage necessitating issue of certificate

PART 3

APPLICATION, ASCERTAINMENT OF TONNAGE AND CERTIFICATION FOR ALL SHIPS OF LESS THAN 15 METRES IN LENGTH OVERALL

13. Application of Part 3

14. Method of measurement

15. Tonnages (ships and existing fishing boats of less than 15 metres length overall)

16. Certification

17. Cancellation of certificates

PART 4

FOREIGN SHIPS WHILST WITHIN THE STATE OR THE TERRITORIAL WATERS OF THE STATE

18. Acceptance of foreign tonnage certificates

19. Ascertainment of tonnage and certification

PART 5

INTERIM SCHEME FOR TONNAGE MEASUREMENT FOR CERTAIN SHIPS

20. Application of Part 5

SCHEDULE 1

EXCLUDED SPACES AS DEFINED IN REGULATION 2

SCHEDULE 2

COEFFICIENTS K 1 AND K 2 REFERRED TO IN REGULATIONS 7, 8, 9 AND 15

SCHEDULE 3

INTERNATIONAL TONNAGE CERTIFICATE (1969)

SCHEDULE 4

IRISH TONNAGE CERTIFICATE

S.I. No. 369 of 2007

MERCANTILE MARINE (TONNAGE) REGULATIONS 2007

Notice of the making of this Statutory Instrument was published in

“Iris Oifigiúil” of 3rd July, 2007.

I, MARTIN CULLEN, Minister for Transport, in exercise of the powers conferred on me by section 91 of the Mercantile Marine Act 1955 (No. 29 of 1955) and the Maritime Transport, Safety and Security (Transfer of Departmental Administration and Ministerial Functions) Order 2005 ( S.I. No. 842 of 2005 ), hereby make the following regulations:

PART 1

GENERAL

Citation and commencement

1. (1) These Regulations may be cited as the Mercantile Marine (Tonnage) Regulations 2007.

(2) These Regulations come into operation on 1 July 2007.

Definitions

2. In these Regulations—

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

“Act of 2006” means Sea-Fisheries and Maritime Jurisdiction Act 2006 (No. 8 of 2006);

“Administration” means the government of the state whose flag the ship is flying;

“amidships” means the mid point of the length;

“breadth” means the maximum breadth of the ship, measured amidships to the moulded line of the frame in a ship with a metal shell and to the outer surface of the hull in a ship with a shell of any other material;

“cargo spaces” means enclosed spaces which are included in the computation of gross tonnage and are appropriated for the transport of cargo to be discharged from the ship and which are permanently marked with the letters “CC” (cargo compartment), such letters being not less than 100 millimetres in height and so positioned as to be readily visible;

“Certifying Authority” means the Minister or any person authorised by the Minister for the purpose of these Regulations;

“contracting government” means the government of a country which has accepted the Convention;

“Convention” means the International Convention on Tonnage Measurement of Ships 1969;

“enclosed spaces” means all those spaces, other than excluded spaces, which are bounded by the ship’s hull, by fixed or portable partitions or bulkheads, or by decks or coverings other than permanent or moveable awnings; no break in a deck, nor any opening in the ship's hull, in a deck or in a covering of a space, or in the partitions or bulkheads of a space, nor the absence of a partition or bulkhead, shall preclude a space from being included in the enclosed spaces;

“excluded spaces” means any of the following spaces:

(a) that part of an enclosed space within an erection opposite an end opening and extending from the opening to an athwartship line at a fore and aft distance from the opening equal to half the breadth of the deck at the line of the opening; such end opening shall have a breadth equal to or greater than 90 per cent of the breadth of the deck at the line of the opening and shall extend from deck to deck or to a curtain plate of a depth not exceeding by more than 25 millimetres the depth of the adjacent deck beams, as shown in figure 1 of Schedule 1, provided that—

(i) where at any point the width of the enclosed space, because of any arrangement except convergence of the outside plating, as shown in figure 3 of Schedule 1, becomes less than 90 per cent of the breadth of the deck at the line of the opening, the excluded space shall extend only to an athwartship line intersecting that point, as shown in figures 2 and 4 of Schedule 1,

(ii) where the opposite ends of two enclosed spaces are separated by a gap, which is completely open except for bulwarks or open rails and of fore and aft length less than half the least breadth of the deck at the gap, then no part of the enclosed spaces shall be excluded, as shown in figures 5 and 6 of Schedule 1;

(b) a space under an overhead deck covering open to the sea and weather, having no other connection on the exposed sides with the body of the ship than the stanchions necessary for its support; in such a space, open rails or a bulwark and curtain plate may be fitted or stanchions fitted at the ship's side, provided that the distance between the top of the rails or the bulwark and the curtain plate is not less than 0.75 metres or one-third of the height of the space, whichever is the greater, as shown in figure 7 of Schedule 1;

(c) a space in a side-to-side erection between opposite side openings not less in height than 0.75 metres or one-third of the height of the erection, whichever is the greater; if the opening in such an erection is provided on one side only, the space to be excluded from the volume of enclosed spaces shall be limited inboard from the opening to a maximum of one half of the breadth of the deck in way of the opening, as shown in figure 8 of Schedule 1;

(d) a space in an erection immediately below an uncovered opening in the deck overhead, provided that such an opening is exposed to the weather and the space excluded from enclosed spaces is limited to the area of the opening, as shown in figure 9 of Schedule 1;

(e) a recess in the boundary bulkhead of an erection which bulkhead is exposed to the weather and the opening of which extends from deck to deck without means of closing, provided that the interior width is not greater than the width at the entrance and its extension into the erection is not greater than twice the width of its entrance, as shown in figure 10 of Schedule 1;

(f) notwithstanding the provisions of subparagraphs (a) to (e) inclusive, any space listed in those subparagraphs which fulfils at least one of the following conditions shall be treated as an enclosed space:

(i) the space is fitted with shelves or other means for securing cargo or stores;

(ii) the openings are fitted with any means of closure;

(iii) the construction provides any possibility of such openings being closed;

“existing fishing boat” means a fishing boat which is not a new fishing boat;

“existing ship” means a ship or recreational craft which is not a new ship or recreational craft;

“fishing boat” means a boat employed or intended to be employed in sea fishing, and intended for the catching or taking for sale of sea fish, but does not include a boat that is—

(a) open and undecked and navigated by oars only, or

(b) engaged in fishing or dredging solely for scientific, research or training purposes;

“foreign fishing boat” means a fishing boat that is not an Irish fishing boat;

“foreign ship” means a ship that is not an Irish ship;

“Irish fishing boat” means a fishing boat registered in the State under the Act of 1955 and Chapter 6 of the Act of 2006 or only under Chapter 6 of the Act of 2006;

“Irish ship” means a ship registered in the State under the Act of 1955;

“length” (“(L)”) means the greater of the following distances:

(a) the distance between the fore side of the stem and the axis of the rudder stock, or

(b) a distance measured from the fore side of the stem, being 96 per cent of the distance between that point and the aft side of the stern,

the said points and measurements being taken respectively at and along a waterline at 85 per cent of the least moulded depth of the ship; in the case of a ship having a rake of keel, the waterline shall be parallel to the designed waterline;

“length overall” (“(L oa )”) means the distance in a straight line between the foremost point of the bow and the aftermost point of the stern; for the purposes of this definition:

(a) the bow shall be taken to include the watertight hull structure, forecastle, stem and forward bulwark, if fitted, but shall exclude bowsprits and safety rails; and

(b) the stern shall be taken to include the watertight hull structure, transom, poop, trawl ramp and bulwark but shall exclude safety rails, bumkins, propulsion machinery, rudders and steering gear and diver’s ladders and platforms;

“Load Line Rules” means the Merchant Shipping (Load Line) Rules 2001 ( S.I. No. 424 of 2001 ) and includes in relation to any ship not registered in the State any corresponding rules of the country in which the ship is registered;

“Minister” means Minister for Transport;

“moulded depth” means:

(a) the vertical distance measured from the top of the keel to the underside of the upper deck at side; in wood and composite ships the distance is to be measured from the lower edge of the keel rabbet; where the form at the lower part of the midship section is of a hollow character or where thick garboards are fitted, the distance is to be measured from the point where the line of the flat of the bottom continued inwards cuts the side of the keel;

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