Merchant Shipping (Passenger Ship Construction and Survey) (Amendment) Rules, 1994

• Jurisdiction: Ireland
• Year: 1994
• Citation: IR SI 12/1994

S.I. No. 12 of 1994.

MERCHANT SHIPPING (PASSENGER SHIP CONSTRUCTION AND SURVEY) (AMENDMENT) RULES, 1994.

ARRANGEMENT OF RULES

Rule

1. Citation and Commencement

2. Definition of "The 1989 Rules"

3. Revocation of The 1989 Rules

4. Amendment of the Merchant Shipping (Passenger Ship Construction and Survey) Rules, 1983

(a)—(f) Miscellaneous Amendments to Rules 1, 3 and 5

(g) Amendment of Rule 9

Inclining and stability information

Loading and stability assessment

Information on stability during loading

Stability and freeboard during loading and unloading

Recording of draught, trim and freeboard prior to departure

Calculation of stability prior to departure

Permitted standard to be recorded

Condition of loading prior to departure to be satisfactory

Draught marks and automatic draught gauge system

(h) and (i) amendment of Rules 11 and 59

(j) Deletion of Rules 124 and 125

(k) Amendment of Rule 131

(l) Amendment of Part VIIB

Access opening indicator lights

Supplementary emergency lighting

Television surveillance

(m) Amendment of paragraph 12 of the Second Schedule

5. Amendment of the Merchant Shipping (Passenger Ship Construction and Survey) Rules, 1985

(a)—(f) Miscellaneous amendments to Rules 1 and 6

(g) Amendment of rule 9

Inclining and stability information

Loading and stability assessment

Information on stability during loading

Stability and freeboard during loading and unloading

Recording of draught, trim and freeboard prior to departure

Calculation of stability prior to departure

Permitted standard of stability to be recorded

Condition of loading prior to departure to be satisfactory

Draught marks and automatic draught gauge system

(h) Amendment of Rule 11

Stability in damaged condition

(i)-(k) Miscellaneous amendments to Rules 16, 48 and 71

(l) Amendment of Rule 80A

Amendment of Part VIA: Miscellaneous: Ships with special category or Ro/Ro cargo spaces

Access opening indicator lights

Supplementary emergency lighting

Television surveillance

(m) Amendment of Rule 82: responsibilities of owner and master

(n)-(p) Amendment of Parts II and III of the First Schedule

(q) Amendment of paragraph 12 of the Second Schedule

(r) Amendment of the Third schedule: "Stability in damaged condition".

Part 1: Assumptions on which calculations are to be based

Part 2: Sufficiency of the stability in the damaged condition as applicable to all passenger ships to which Part IIA of these Rules applies except post-1990 ships

Part 3: Sufficiency of stability in the damaged condition as applicable to all passenger ships to which Part IIA of these Rules applies and which are post-1990 ships

(s) and (t) Amendment of Rules 13 and 14

(u) Amendment of Rule 15: "Openings in watertight bulkheads in passenger ships".

(v)-(bb) Miscellaneous amendments to Rules 16, 18, 20, 37 and 46

EXPLANATORY NOTE

S.I. No. 12 of 1994.

MERCHANT SHIPPING (PASSENGER SHIP CONSTRUCTION AND SURVEY) (AMENDMENT) RULES, 1994.

I, DAVID ANDREWS, Minister for the Marine, in exercise of the powers conferred on me by sections 10 (as amended by section 9 of the Merchant Shipping Act, 1966 (No. 20 of 1966), and section 29 of the Merchant Shipping Act, 1992 (No. 2 of 1992)), and 33 of the Merchant Shipping (Safety Convention) Act, 1952 (No. 29 of 1952), and the Communications (Transfer of Departmental Administration and Ministerial Functions) Order, 1987 ( S.I. No. 91 of 1987 ), hereby make the following Rules: 1. These Rules may be cited as the Merchant Shipping (Pasenger Ship Construction and Survey) (Amendment) Rules, 1994, and shall come into operation on the 1st day of April, 1994. 2. In these Rules "the 1989 Rules" means the Merchant Shipping (Passenger Ship Construction) (Amendment) Rules, 1989 ( S.I. No. 97 of 1989 ). 3. The 1989 Rules are hereby revoked. 4. The Merchant Shipping (Passenger Ship Construction) Rules, 1983 ( S.I. No. 300 of 1983 ), are hereby amended—

(a) by the insertion in Rule 1 (2) of the following definitions:

"'deadweight' has the same meaning as in the Merchant Shipping (Passenger Ship Construction and Survey) Rules, 1985 ( S.I. No. 274 of 1985 );

'deadweight moment' means the total vertical moment about the moulded base line amidships of all the component weights of the total deadweight;

'favourable weather' means fine, clear, settled weather with a sea state such as to cause only moderate rolling or pitching;

'owner' in relation to a ship, means the person registered as its owner, charterer, manager or operator;

'similar stage of construction' means the stage at which:

(i) construction identifiable with a specific ship begins; and

(ii) assembly of that ship has commenced comprising at least 50 tonnes or 1 per cent. of the estimated mass of all structural material, whichever is less;

'stability information book' means the book referred to in Rule 9 (8) of these Rules;

'voyage' includes an excursion;";

(b) by the substitution in Rule 1 (2) of the following definition for the definition of "ro/ro cargo spaces" (inserted by the 1989 Rules):

'"ro/ro cargo spaces' means spaces not normally subdivided in any way and extended to either a substantial length or the entire length of the ship in which goods (packaged or in bulk, in or on rail or road cars, vehicles (including road or rail tankers), trailers, containers, pallets, demountable tanks or in or on similar stowage units or other receptacles) can be loaded and unloaded normally in a horizontal direction;";

(c) by the substitution in Rule 1 (2) of the following definition for the definition of "ro/ro passenger ship" (inserted by the 1989 Rules):

"'ro/ro passenger ship' means a passenger ship provided with cargo or vehicle spaces not normally subdivided in any way and extending to either a substantial length or the entire length of the ship in which vehicles or cargo can be loaded or unloaded in a horizontal direction;";

(d) by the substitution for paragraph (3) (inserted by the 1989 Rules) of Rule 1 of the following paragraph:

"(3) These Rules apply to passenger ships registered in the State, and unless expressly provided otherwise, to other passenger ship's while they are within the State or the territorial waters thereof other than—

(i) those of which the keels were laid or which were at a similar stage of construction on or after the 1st day of September, 1984, and

(ii) those which, although constructed before that date, were subsequently converted into passenger ships, such conversion having commenced on or after that date";

(e) by the substitution in Rule 3 (1) of "favourable weather" for "fine weather" in the descriptions of Class III and Class VI;

(f) by the substitution for the proviso to Rule 5 of the following proviso;

"provided that—

(a) a ship to which this Part applies which complies fully with all the equivalent requirements specified in IMO Resolution A.265 (VIII) need not comply with the requirements of this Part;

(b) a passenger ship registered in the State to which these Rules apply shall instead of complying with Rules 16 and 17 of these Rules comply with Rules 16 and 17 of the Merchant Shipping (Passenger Ship Construction and Survey) Rules, 1985 ( S.I. No. 274 of 1985 ).";

(g) by the substitution for Rule 9 of the following Rules:

"Inclining, Stability Information, Loading and Stability Assessment.

Inclining and Stability Information

9. (1) This Rule applies only to passenger ships registered in the State to which these Rules apply.

(2) Every ship on her completion shall be inclined and the elements of her stability determined. The master of the ship shall be supplied by the owner thereof with reliable information relating to the stability of the ship in accordance with the following provisions of this Rule. The information relating to stability shall, before being supplied to the master, be submitted to the Minister for his approval, together with a copy thereof for his retention, and shall incorporate such additions and amendments as the Minister may in approving the information or at any subsequent time specify.

(3) Every ship of Classes I, II and II(A) shall undergo a lightweight survey to determine the ship's lightship displacement and longitudinal position of its centre of gravity before the 1st day of September, 1994 unless it has been inclined since the 29th day of April, 1987. Every such lightweight survey shall be subject to the conditions specified in paragraph (4) of this Rule.

(4) Every ship of Classes I, II and II(a) shall have a lightweight survey carried out within each period of five years to verify any changes in lightship displacement and longitudinal centre of gravity. Such periods shall commence on the date of issue of either a Passenger and Safety Certificate or Passenger Certificate subsequent to a previous inclining or lightweight survey, which ever date is the earliest. The ship shall be re-inclined whenever, in comparison with the ship's approved stability information derived from the previous inclining experiment, a deviation from the lightship displacement exceeding 2 per cent. or a deviation of the longitudinal centre of gravity exceeding 1 per cent. of the ship's length is found or anticipated. Every inclining or lightweight survey made for this purpose or for the purpose of paragraph (3) of this rule shall be carried out in the presence of a Department of the Marine Surveyor. The interval between lightweight surveys or any such ship may be extended by the Minister for a period of not more than one year if he is satisfied, on the production to him of relevant information about the ship, that the lightweight survey is not necessary at the required interval.

(5) A report of each inclining or lightweight survey of a ship carried out in accordance with pargraphs (3) and (4) of this Rule and of the calculation therefrom of the lightship condition particulars...