Merchang Shipping (Tonnage) Regulations, 1984.

Statutory Instrument No.369/1984
Date31 December 1984

ARRANGEMENTS OF REGULATIONS

PART I

GENERAL

1. Citation, commencement and revocation.

2. Definitions.

PART II

APPLICATION, ASCERTAINMENT OF TONNAGE AND CERTIFICATION FOR NEW SHIPS AND CERTAIN EXISTING SHIPS OF 24 METRES IN LENGTH AND OVER.

3. Application of Part II.

ASCERTAINMENT OF TONNAGE.

4. Method of measurement.

5. Calculation of volumes.

6. Gross tonnage.

7. Net tonnage.

8. Miscellaneous tonnages.

CERTIFICATION.

9. Issue of certificates.

10. Cancellation of certificates.

11. Change of net tonnage necessitating issue of certificate.

PART III

APPLICATION, ASCERTAINMENT OF TONNAGE AND CERTIFICATION FOR ALL SHIPS, INCLUDING PLEASURE YACHTS, OF LESS THAN 24 METRES IN LENGTH.

12. Application of Part III.

PART IV

APPLICATION, ASCERTAINMENT OF TONNAGE AND CERTIFICATION FOR EXISTING SHIPS OF 24 METRES IN LENGTH AND OVER.

13. Application of Part IV.

PART V

FOREIGN SHIPS WHILST WITHIN THE STATE OR THE TERRITORIAL WATERS THEREOF.

14. Acceptance of foreign tonnage certificates.

15. Ascertainment of tonnage and certification.

PART VI

INTERIM SCHEME FOR TONNAGE MEASUREMENT FOR CERTAIN SHIPS.

16. Application of Part VI.

FIRST SCHEDULE

Excluded spaces as defined in Regulation 2.

SECOND SCHEDULE

Coefficients K1 and K2 referred to in Regulations 6, 7 and 8.

THIRD SCHEDULE

Form of International Tonnage Certificate (1969).

FOURTH SCHEDULE

Tonnage Regulations applicable to ships referred to in Parts III, IV, V and VI.

Definitions.

PART I

Para 1 Ascertainment of tonnage.

Para 2 Method of measurement.

Para 3 Certificates of Irish tonnage.

PART II

A. GROSS TONNAGE

Para 4 Components of gross tonnage.

Para 5 Underdeck tonnage.

Para 6 Tonnage of hatchways.

Para 7 Closed in spaces on or above the upper deck not to be included in gross tonnage.

B. REGISTER TONNAGE.

Para 8 Ascertainment of register tonnage.

Para 9 Space to be deducted.

Para 10 Allowance for propelling machinery space.

PART III

MODIFIED AND ALTERNATIVE TONNAGES AND TONNAGE MARKS

Para 11 Modified gross and register tonnage of ships with certain freeboards.

Para 12 Alternative tonnages.

PART IV

Paras. 13-15—Pleasure yachts under 45 feet in length.

PART V

Para 16—Space for the purposes of section 93 of the Principal Act.

APPENDIX 1 TO THE FOURTH SCHEDULE

RULE I MEASUREMENT OF TONNAGE.

RULE II MEASUREMENT OF TONNAGE BELOW THE UPPER DECK WHERE MEASUREMENT IN ACCORDANCE WITH RULE I IS IMPRACTICAL.

APPENDIX 2 TO THE FOURTH SCHEDULE

Limitation of height of open floors and double bottoms, and of depths of frames and side brackets, for purposes of measurement of underdeck tonnage.

APPENDIX 3 TO THE FOURTH SCHEDULE

Tonnage mark.

APPENDIX 4 TO THE FOURTH SCHEDULE

Position of tonnage marks.

APPENDIX 5 TO THE FOURTH SCHEDULE

Pleasure yachts under 45 feet in length — ascertainment of tonnage.

S.I. No. 369 of 1984.

MERCHANT SHIPPING (TONNAGE) REGULATIONS, 1984.

I, JAMES MITCHELL, Minister for Communications, in exercise of the powers conferred on me by section 91 of the Mercantile Marine Act, 1955 (No. 29 of 1955), and the Ministers and Secretaries (Amendment) Act, 1983 (No. 40 of 1983), hereby make the following Regulations:—

PART I GENERAL

1 ..

1. (1) These Regulations may be cited as the Merchant Shipping (Tonnage) Regulations, 1984 and shall come into operation on 31st day of March, 1985.

(2) The Merchant Shipping (Tonnage) Regulations, 1967 ( S.I. No. 213 of 1967 ), are hereby revoked.

2 ..

2. In these Regulations, unless the context otherwise requires:

"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 millimeters 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 International Convention on Tonnage Measurement of Ships, 1969;

"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; and for the purposes of this definition "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 specified in figure 1 of the First Schedule hereto;

provided that:

(i) where at any point the width of the enclosed space, because of any arrangement except convergence of the outside plating, as specified in figure 3 of the First Schedule hereto, 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 specified in figures 2 and 4 of the First schedule hereto;

(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 specified in figures 5 and 6 of the First Schedule hereto;

(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 specified in figure 7 of the First Schedule hereto;

(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 specified in figure 8 of the First Schedule hereto;

(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 specified in figure 9 of the First Schedule hereto;

(e) a recess in the boundary bulkhead of an erection which 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 specified in figure 10 of the First Schedule hereto;

(f) notwithstanding the provisions of subparagraphs (a) to (e) inclusive, any space listed in those subparagraphs which fulfills 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 ship" means a ship which is not a new ship;

"length" means the greater of the following distances:

(a) the distance between the fore side of the stem and the axes 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 clase of a ship having a rake of keel the waterline shall be parallel to the designed waterline;

"Load Line Rules" means the Merchant Shipping (Load Line) Rules 1968 ( S.I. No. 205 of 1968 ), as amended by the Merchant Shipping (Load Line) (Amendment) Rules, 1971 ( S.I. No. 71 of 1971 ) and includes in relation to any ship not registered in the State any corresponding rules of the country in which the ship is registered;

"the Minister" means the Minister for Communications;

"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...

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