Merchant shipping act, 1992

Enactment Date11 March 1992
Act Number2


Number 2 of 1992


MERCHANT SHIPPING ACT, 1992


ARRANGEMENT OF SECTIONS

PART I

Preliminary and General

Section

1.

Short title, commencement, construction and collective citation.

2.

Interpretation.

3.

Laying of regulations before Houses of Oireachtas.

4.

Repeals.

5.

Expenses.

PART II

Passenger Ships

6.

Annual survey.

7.

Mode of survey and declaration of survey for purposes of issue of passenger ship's certificate.

8.

Issue of passenger ship's certificate.

9.

Revocation and suspension of certificate.

10.

Display of certificate.

11.

False declaration of survey or certificate.

12.

Uncertificated passenger ship.

13.

Insurance of passenger ships.

PART III

Passenger Boats

14.

Prohibition of unlicensed passenger boats.

15.

Passenger boat licences.

16.

Revocation and suspension of licences.

17.

Production of licences and marking of passenger boats.

18.

Safety of passenger boats and their passengers and crews

PART IV

Miscellaneous

19.

Safety of fishing vessels and their crews.

20.

Safety of pleasure craft and their occupants.

21.

Appeal to District Court.

22.

Forfeiture.

23.

Conduct endangering vessels, structures or individuals.

24.

Drunkeness, etc., of passengers or members of crew.

25.

Powers of authorised officers.

26.

Power to detain certain vessels.

27.

Provisions regarding certain offences.

28.

Amendment of Merchant Shipping Act, 1947.

29.

Amendment of Merchant Shipping (Safety Convention) Act, 1952.

30.

Information.

31.

Fees.

32.

Provisions in relation to prosecutions.

SCHEDULE

Enactments Repealed


Acts Referred to

Harbours Act, 1946

1946, No. 9

Mercantile Marine Act, 1955

1955, No. 29

Merchant Shipping Act, 1894

1894, c. 60

Merchant Shipping Act, 1906

1906, c. 48

Merchant Shipping Act, 1947

1947, No. 46

Merchant Shipping (Safety Convention) Act, 1952

1952, No. 4

Merchant Shipping Act, 1966

1966, No. 29

Merchant Shipping (Certification of Seamen) Act, 1979

1979, No. 37

Merchant Shipping Act, 1981

1981, No. 33

Merchant Shipping Acts, 1894 to 1983

Public Health Acts Amendment Act, 1907

1907, c. 53

Public Offices Fees Act, 1879

1879, c. 58


Number 2 of 1992


MERCHANT SHIPPING ACT, 1992


AN ACT TO MAKE FURTHER PROVISION IN RELATION TO THE SAFETY OF PASSENGER SHIPS, PASSENGER BOATS, FISHING VESSELS AND PLEASURE CRAFT, TO AMEND THE MERCHANT SHIPPING ACTS, 1894 TO 1983, AND TO PROVIDE FOR RELATED MATTERS. [11th March, 1992]

BE IT ENACTED BY THE OIREACHTAS AS FOLLOWS:

PART I

Preliminary and General

Short title, commencement, construction and collective citation.

1.—(1) This Act may be cited as the Merchant Shipping Act, 1992.

(2) This Act shall come into operation on such day or days as, by order or orders made by the Minister under this section, may be fixed therefor either generally or with reference to any particular purpose or provision and different days may be so fixed for different purposes and different provisions.

(3) This Act shall be construed as one with the Merchant Shipping Acts, 1894 to 1983, and may be cited together therewith as the Merchant Shipping Acts, 1894 to 1992.

Interpretation.

2.—(1) In this Act, save where the context otherwise requires—

“authorised officer” means—

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

(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 the purposes of Part III ;

“certificate” means a passenger ship's certificate issued under section 8 and in force and cognate words shall be construed accordingly;

“fishing vessel” means a vessel (other than a vessel registered outside the State) used for sea-fishing or for angling in the sea or in fresh water other than such a vessel so used otherwise than for profit;

“licence” means a passenger boat licence granted under section 15 and in force and cognate words shall be construed accordingly;

“master”, in relation to a vessel, means the person having, for the time being, the command or charge of the vessel;

“the Minister” means the Minister for the Marine;

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

“passenger” means any person carried on a vessel other than—

(a) the owner or a person to whom the vessel is on hire or a person employed or engaged in any capacity on board the vessel on the business of the vessel, or

(b) a person on board the vessel either in pursuance of the obligation laid upon the master of the vessel to carry shipwrecked, distressed or other persons or by reason of any circumstances that could not have been prevented or forestalled by the master or the owner of the vessel;

“passenger boat” means—

(a) a vessel carrying not more than 12 passengers for reward or having on board for the purposes of carriage for reward not more than 12 passengers, or

(b) a vessel that is carrying not more than 12 passengers, or has on board for the purposes of carriage not more than 12 passengers, and is on hire pursuant to a contract or other arrangement under which a crew or part of a crew is provided for the vessel by its owner,

and includes a vessel carrying not more than 12 persons to or from their place of work, or having on board not more than 12 persons for the purposes of such carriage, and owned by or on hire to their employer and a vessel registered outside the State and carrying not more than 12 passengers between places in the State, or having on board not more than 12 passengers for the purposes of such carriage, but does not include such a vessel carrying passengers to or from theState or having on board passengers for the purposes of such carriage, a fishing vessel, a ferry boat working in chains or a vessel in respect of which a certificate is in force;

“passenger ship” means a vessel carrying more than 12 passengers or having on board more than 12 passengers for the purposes of carriage and includes a vessel carrying more than 12 persons to or from their place of work, or having on board more than 12 persons for the purposes of such carriage, and owned by or on hire to their employer and a vessel registered outside the State and carrying more than 12 passengers between places in the State, or having on board more than 12 passengers for the purposes of such carriage, but does not include such a vessel carrying passengers to or from the State or having passengers on board for the purposes of such carriage, a fishing vessel or a ferry boat working in chains;

“prescribed” means prescribed by regulations made by the Minister;

“the Principal Act” means the Merchant Shipping Act, 1894 ;

“radio surveyor” means a radio surveyor within the meaning of section 16 of the Merchant Shipping (Safety Convention) Act, 1952 ;

“registered” means registered under the Merchant Shipping Acts, 1894 to 1983;

“skipper”, in relation to a fishing vessel, means the person having for the time being the command or charge of the vessel;

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

“vessel” includes any ship or boat and any other vessel used in navigation.

(2) In this Act—

(a) a reference to a Part or section is a reference to a Part or section of this Act, unless it is indicated that reference to some other enactment is intended,

(b) a reference to a subsection, paragraph or subparagraph is a reference to the subsection, paragraph or subparagraph of the provision in which the reference occurs, unless it is indicated that reference to some other provision is intended, and

(c) a reference to an enactment shall be construed as a reference to that enactment as amended, adapted or extended by or under any subsequent enactment including this Act.

Laying of regulations before Houses of Oireachtas.

3.—Regulations made under this Act shall be laid before each House of the Oireachtas as soon as may be after they are made and, if a resolution annulling the regulations is passed by either such House within the next subsequent 21 days on which that House has sat after the regulations are laid before it, the regulations shall be annulled accordingly, but without prejudice to the validity of anything previously done thereunder.

Repeals.

4.—(1) Each enactment mentioned in column (2) of the Schedule to this Act is hereby repealed to the extent specified in column (3) of that Schedule.

(2) All instruments or documents (other than licences under section 94 of the Public Health Acts Amendment Act, 1907 , for pleasure boats or pleasure vessels to be used for carrying passengers for hire) made, issued or granted under a provision of the...

To continue reading

Request your trial

VLEX uses login cookies to provide you with a better browsing experience. If you click on 'Accept' or continue browsing this site we consider that you accept our cookie policy. ACCEPT