Merchant Shipping (Passenger Boat) (Amendment) Regulations, 2003

• Jurisdiction: Ireland
• Year: 2003
• Citation: IR SI 648/2003

I, Dermot Ahern, Minister for Communications, Marine and Natural Resources in exercise of the powers conferred on me by section 18 of the Merchant Shipping Act 1992 (No. 2 of 1992) as amended by section 44 of the Merchant Shipping (Investigation of Marine Casualties) Act 2000 (No. 14 of 2000) as adapted by the Marine and Natural Resources (Alteration of Name of Department and Title of Minister) Order 2002 ( S.I. No. 307 of 2002 ), hereby make the following regulations:

1. These Regulations may be cited as the Merchant Shipping (Passenger Boat) (Amendment) Regulations 2003.

2. The Merchant Shipping (Passenger Boat) Regulations 2002 ( S.I. No. 273 of 2002 ), as amended by the Merchant Shipping (Passenger Boat (Amendment) Regulations 2002 ( S.I. No. 555 of 2002 ), are amended as follows:-

(a) by inserting after Regulation 1 the following:

“1A. APPLICATION

(1) These Regulations apply to all new passenger boats.

(2) These Regulations apply to all existing passenger boats on expiry of their Passenger Boat Licence or on expiry of their Load Line Exemption Certificate.

(3) Subject to paragraph (6), Regulations 6(1)(c), 6(1)(e) 6(1)(f), 6(2)(b), 6(6)(b) and 6(6)(c) do not apply to existing passenger boats operating in smooth waters or partially smooth waters in the course of which the passengers are engaged in activities other than those specified in Class P4 in Regulation 3.

(4) Subject to paragraph (7), Regulations 7(1)(b), 7(1)(c) 7(1)(d), 7(1)(g), 7(3), 7(4)(a)(iii), 7(4)(c)(i) 7(4)(c)(iii), 7(4)(d)(ii), 7(4)(e), 7(4)(f)(iii), 7(4)(h)(ii and 7(5) do not apply to existing passenger boats operating in smooth waters, in partially smooth waters or to sea in the course of which the passenger boats are within fifteen miles (exclusive of any smooth waters or partially smooth waters) from their designated points of departure and within three miles from land.

(5) Subject to paragraph (8), Regulations 9(2)(b), 9(2)(c) 9(2)(d), 9(2)(e), 9(2)(g), 9(2)(h), 9(3)(b), 9(3)(c) 9(3)(d) and 9(3)(e) do not apply to existing passenger boats operating in smooth waters, in partially smooth waters or to sea.

(6) Existing passenger boats referred to in paragraph (3 shall comply with Regulation 6(2)(b), 6(6)(b) and 6(6)(c) with effect from 1 January 2006 or on the expiry of the vessel's passenger boat licence which ever date is the later.

(7) Existing passenger boats referred to in paragraphs (4 and (5) shall comply with Regulations 7(4)(a)(iii) 7(4)(c)(i), 7(4)(c)(iii), 7(4)(d)(ii), 7(4)(e), 7(4)(f)(iii) 7(4)(h)(ii) and 7(5) with effect from 1 January 2006 or on the expiry of the vessel's passenger boat licence which ever date is the later.

(8) Existing passenger boats referred to in paragraph (5 shall comply with Regulations 9(2)(c), 9(2)(d) 9(2)(e), 9(2)(h), 9(3)(b), 9(3)(c), 9(3)(d) and 9(3)(e with effect from 1 January 2006 or on expiry of the vessel's passenger boat licence which ever date is the later.

1B. EQUIVALENT ARRANGEMENTS

Where these Regulations require that the hull or machinery of a passenger boat shall be constructed in a particular manner, or that particular equipment shall be provided, or particular provision shall be made, the Minister may approve the hull or machinery of the passenger boat to be constructed in any other manner or any other equipment to be provided or other provision made, if he or she is satisfied by trial thereof or otherwise that other construction or equipment or other provision is at least as effective as that required by these Regulations.”,

(b) In Regulation 2 by substituting for the definition of “existing passenger boat” the following;

“`existing passenger boat' means a vessel for which a Passenger Boat Licence or an Irish Load Line Exemption Certificate under the Merchant Shipping (Load Lines) Act 1968 , for the carriage of sea anglers, was issued prior to 1 January 2003, provided that the vessel continues to operate within the previously assigned maximum plying limits, and the vessel arrangement has not, in the opinion of the Minister, been substantially altered, and the expired Passenger Boat Licence and all subsequent Passenger Boat Licences are renewed within 4 years of the expiry date,

or

a new vessel for which an application and fee was received on or after 1 January 2002 and before 1 January 2003 and for which a Passenger Boat Licence is issued prior to 31 December 2003 and all subsequent Passenger Boat Licences are renewed within 4 years of the expiry date;”,

(c) in Regulation 3 by substituting for the paragraph commencing with the words “Class P2” the following paragraph;

“Class P2. Passenger boats with no more than twelve passengers on board used for domestic voyages in smooth waters or in partially smooth waters in the course of which the passengers are engaged in activities other than those specified in Class P4.”,

(d) in Regulation 4 by inserting the following after paragraph (8);

“(9) Distress flares, if required, shall be stored in a waterproof container.”,

(e) in Regulation 6 by substituting the following for subparagraph (d) of...