Merchant Shipping (Passenger Boat) Regulations, 2002

JurisdictionIreland
CitationIR SI 273/2002

I, Frank Fahey, Minister for the Marine and Natural Resources in exercise of the powers conferred on me by section 18 of the Merchant Shipping Act 1992 as amended by section 44 of the Merchant Shipping (Investigation of Marine Casualties) Act 2000 as adapted by the Marine (Alteration of the Name and Title of Minister) Order 1997 ( S.I. No. 301 of 1997 ) as amended, hereby make the following Regulations: -

1. CITATION AND COMMENCEMENT

(i) These Regulations may be cited as the Merchant Shipping (Passenger Boat) Regulations 2002.

(ii) These Regulations shall come into operation on the 6th day of June 2003.

2. INTERPRETATION

In these Regulations unless the context otherwise admits -

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 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 of the Merchant Shipping Act, 1992 (No. 2 of 1992);

breadth” and “B” means the extreme breadth measured to outside of planking plating, skin or laminate, excluding mouldings and rubbing strakes;

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;

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

“digital select calling” and “DSC” means a technique using digital codes which enables a radio station to establish contact with, and transfer information to, another station or group of stations, and complying with the relevant recommendations of the International Radio Consultative Committee (CCIR);

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;

satellite EPIRB” means an earth station in the mobile-satellite, the emissions of which are intended to facilitate search and rescue.

existing passenger boat” means a passenger boat in realation to which there is a licence in force on or after 31st December 2002 and before 6th June 2003 or a vessel with a certificate, issued under the Merchant Shipping (Load Lines) Act, 1968 , as amended, and in force on or after 31st December 2002 and before 6th June 2003 permitting the carriage of passengers for the purpose of sea angling.

favourable weather” means weather when the visibility is good and when the combined effects of wind, sea and swell on the passenger boat are never greater than those which would cause moderate rolling or pitching or result in the shipping of green seas on the weather deck or, in the case of an open boat, over the gunwhale;

freeboard” means the distance measured vertically downwards from the lowest point of the upper edge of the weather deck of a fully decked vessel or well decked vessel and from the lowest point of the gunwhale in the case of an open cockpit vessel or an open vessel, to the waterline in the fully loaded condition;

fully decked vessel” means a vessel having a weathertight deck extending for the entire length of the vessel and which is situated wholly above the waterline in the fully loaded condition;

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;

GMDSS” means the Global Maritime Distress and Safety System;

harbour limits” means the harbour limits under the jurisdiction of:

- a harbour authority within the meaning of the Harbours Act, 1946 , as amended ;

- a fishery harbour centre to which the Fishery Harbour Centres Act, 1968 , as amended applies, or

- a company established pursuant to section 7 of the Harbours Act, 1996 , as amended,

and where no harbour limits are specified, the harbour limits shall include an area within half a mile to sea from a designated point of departure;

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

Irish Load Line Assigning Authority” means the Minister or any person or organisation authorised by the Minister for the purposes of the Merchant Shipping (Load Line) Rules, 2001, as amended;

“land” means the mainland of the state or any island which is normally inhabited and which has piers or berthing facilities which are in regular use;

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;

licence” means a passenger boat licence granted under section 15 of the Merchant Shipping Act, 1992 , as amended, and in force and cognate words shall be construed accordingly;

machinery enclosure” means a compartment consisting of removable sides and top containing propulsion machinery, boilers, oil fuel units, steam and internal combustion engines, generators, major electrical machinery and similar items of machinery;

machinery space” means any enclosed space that is not a machinery enclosure and that contains propulsion machinery, boilers, oil fuel units, steam and internal combustion engines, generators, major electrical machinery and spaces containing similar machinery;

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;

mechanical means of propulsion” means the primary means of propulsion fitted to the passenger boat utilising power from either inboard or marine outboard engines;

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

new passenger boat” means a passenger boat which is not an existing passenger boat;

open cockpit vessel” means a vessel having a weathertight foredeck extending for at least 30% of the entire length of the vessel, situated wholly above the waterline in the fully loaded condition, and having a transverse watertight bulkhead positioned at the aft end of the foredeck forming a watertight compartment and an aft open cockpit in the fully loaded condition. The open cockpit shall be fitted with a weathertight deck at or below the waterline in the fully loaded condition, or a non-weathertight deck in any position relative to the fully loaded waterline;

open vessel” means a boat which is not a fully deck 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, charterer, manager or operator of the vessel;

partially smooth waters” means the areas of water specified in a Marine Notice within a period or periods, if any, specified therein;

Principal Act” means the Merchant Shipping Act, 1894 (Session 57 & 58 Vict. chapter 60);

sea” means any areas of water not being smooth or partially smooth waters;

smooth waters” means any areas of water not being to sea or partially smooth waters and in particular, the areas of water specified in a Marine Notice.

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 and personal watercraft;

VHF” means the frequency spectrum between 30 Mhz and 300 Mhz;

watertight” means capable of preventing the passage of water in any direction;

“weather deck” means the weathertight deck which is exposed to the elements;

“weathertight” means capable of preventing the admission of a significant quantity of water into the vessel when subject to a hose test;

“well decked vessel” means a vessel having a stepped weathertight deck extending for the entire length of the vessel and which is situated wholly above the waterline in the fully loaded condition;

3. CLASSES OF PASSENGER BOAT.

For the purposes of these regulations, passenger boats shall be arranged in Classes as follows -

Class P1. Passenger boats with no more than three passengers on board used for domestic voyages in smooth waters in the course of which the passengers are engaged in activities other than those specified in Class P4.

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

Class P3. Passenger boats with no more than twelve passengers on board used for domestic voyages 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.

Class P4. Passenger boats with no more than three passengers on board used for domestic voyages in smooth waters, in partially smooth waters, within harbour limits or to sea in the course of which the passenger boats are within half a mile (exclusive of any smooth waters or partially smooth waters) from their designated points of departure; provided that the passengers are engaged exclusively in the course of their employment in connection with marine civil engineering, survey of harbour limits dredging or similar commercial activities.

Class P5. Passenger boats with no more than twelve passengers on board used for domestic voyages in smooth waters, in partially smooth waters or to sea.

Class P6. Passenger boats with no more than twelve passengers on board used for domestic voyages in smooth waters, in partially smooth waters or to sea, in the course of which the passengers are engaged actively...

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