Merchant Shipping (Tonnage) Regulations, 1967

• Jurisdiction: Ireland
• Citation: IR SI 213/1967

S.I. No. 213 of 1967.
MERCHANT SHIPPING (TONNAGE) REGULATIONS, 1967.
ARRANGEMENT OF REGULATIONS.
Regulation
PART I.
PRELIMINARY AND GENERAL.
1. Short title and commencement.
2. Interpretation.
PART II.
TONNAGE—GENERAL PROVISIONS.
3. Ascertainment of Tonnage.
4. Method of Measurement.
5. Certificates of Tonnage.
PART III.
GROSS TONNAGE.
6. Components of Gross Tonnage.
7. Underdeck tonnage.
8. Tonnage of hatchways.
9. Closed-in spaces on or above the upper deck not to be included in Gross Tonnage.
REGISTER TONNAGE.
10. Ascertainment of Register Tonnage.
11. Space to be deducted.
12. Allowance for propelling machinery space.
PART IV.
MODIFIED AND ALTERNATIVE TONNAGES AND TONNAGE MARKS.
13. Modified gross and register tonnage of ships with certain freeboards.
14. Alternative tonnages.
PART V.
MISCELLANEOUS.
15. Remeasurement of tonnage of ships already registered.
16. Space for the purposes of section 93 of the Mercantile Marine Act, 1955.
FIRST SCHEDULE.
Measurement of Tonnage.
SECOND 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.
THIRD SCHEDULE.
Tonnage Mark.
FOURTH SCHEDULE.
Position of Tonnage Marks.
S.I. No. 213 of 1967.
MERCHANT SHIPPING (TONNAGE) REGULATIONS, 1967.
I, ERSKINE H. CHILDERS, Minister for Transport and Power, in exercise of the power conferred on me by section 91 of the Mercantile Marine Act, 1955 (No. 29 of 1955), and the Transport, Fuel and Power (Transfer of Departmental Administration and Ministerial Functions) Order, 1959 ( S.I. No. 125 of 1959 ), hereby make the following Regulations:—
PART I. PRELIMINARY AND GENERAL.
	1 Short title and commencement.	1. These Regulations may be cited as the Merchant Shipping (Tonnage) Regulations, 1967, and shall come into operation on the 13th day of October, 1967.
	2 Interpretation.	2. In these Regulations—
"crew accommodation" has the same meaning as in the Merchant Shipping (Crew Accommodation on Board Ship) Regulations, 1951 ( S.I. No. 95 of 1951 );
"dry cargo space" means space appropriated for the carriage of cargo other than liquid or gaseous matter in bulk;
"Load Line Rules" means the Load Line Rules, 1935 (S.R. & O., No. 14 of 1935), 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 Transport and Power;
"passenger" has the same meaning as in section 43 of the Merchant Shipping (Safety Convention) Act, 1952 (No. 29 of 1952);
"permanently closed-in spaces on or above the upper deck" includes—
(a) a poop, bridge or forecastle notwithstanding the presence of an opening in the end transverse bulkhead thereof, unless the opening extends from deck to deck for one half or more of the breadth of the deck in way of the bulkhead;
(b) a deck house notwithstanding the presence of an opening in one of the boundary bulkheads thereof exposed to the weather, unless the opening extends from deck to deck for one half or more of the length of the bulkhead in which it is situated and is 4 feet wide or more;
(c) a structure extending from side to side of the ship notwithstanding the presence in it of an opening in the ship's side, unless the opening extends for one half or more of the length of the space which it serves and exceeds in height one-third of the distance from deck to deck in way of the opening or 2 feet 6 inches, whichever is the greater;
(d) a passage way at the ship's side, unless it is 4 feet wide or more and is completely open to the weather at one end, or both ends, of its length;
(e) a recess, unless it extends from deck to deck for 3 feet or more of its width and is exposed to the weather; and
(f) any space having an opening in the deck over, being a deck exposed to the weather, unless the area of the opening is one quarter or more of the deck area over the space;
"propelling machinery space" means space below the upper deck appropriated for the main or auxiliary propelling machinery of a ship, and includes—
(a) ventilation, light or escape trunks serving any such space,
(b) space appropriated for boilers serving such machinery,
(c) shaft tunnels,
(d) engineers' storerooms and workshops not exceeding in total tonnage ¾ of 1 per cent of the gross tonnage of the ship, and
(e) oil fuel settling tanks serving the main or auxiliary propelling machinery, having a total capacity sufficient to provide not less than 24 or more than 96 hours steaming for the ship at maximum speed;
and shall also include framed-in spaces on or above the upper deck described in Regulation 6 (1) (e) and included in the gross tonnage of the ship in accordance with that Regulation;
"second deck" means the deck next below the upper deck, being a deck—
(a) which is fitted as an integral part of the ship's structure,
(b) which is continuous at least between peak bulkheads both fore and aft and also transversely, and
(c) in which all hatchways are fitted with substantial and durable covers,
a deck being taken to be continuous for the purpose of this definition notwithstanding the presence in it of any or all of the following—
(i) opening serving propelling machinery space or leading to ladderways or stairways,
(ii) hatch or ventilation trunks, provided that they do not extend fore and aft from one main transverse bulkhead to another,
(iii) chain lockers or cofferdams, or
(iv) a break or breaks the aggregate height of which above the line of continuation of the deck does not exceed 4 feet;
"tonnage deck" means the second deck except in the case of single deck ships, in which case it means the upper deck;
"upper deck" means the uppermost complete deck exposed to sea and weather and fitted as an integral part of the ship's structure, being a deck all openings in the weather portions of which are fitted with permanent means of closing and below which all openings in the sides of the ship are fitted with permanent means of watertight closing, except that in the case of an open ship it shall be taken to be the upper edge of the upper strake of the gunwale.
PART II. TONNAGE—GENERAL PROVISIONS.
	3 Ascertainment of tonnage.	3. The tonnage of any ship to be registered in the State under the Mercantile Marine Act, 1955 (No. 29 of 1955), shall be ascertained in accordance with these Regulations.
	4 Method of Measurement.	4. (1) The owner and the master of a ship to be measured shall make it available for measurement by a surveyor of ships pursuant to section 25 of the Mercantile Marine Act, 1955 , and afford all necessary facilities for its inspection and measurement and shall produce for the surveyor's use and retention if required such plans, drawings, specifications and other documents relating to the ship as he may require.
(2) Subject to paragraph (3), the tonnage of a ship shall be measured in the manner specified in Rule I of the First Schedule to these Regulations and in the Second such Schedule.
(3) In any case in which the surveyor is satisfied that by reason of the ship's being laden or otherwise measurement of the tonnage of the ship below the upper deck in accordance with paragraph (2) is not reasonably practicable, such tonnage shall be measured in the manner specified in Rule II of the said First Schedule and in the case of a ship so measured Regulations 13 and 14 shall not apply.
(4) The Minister may on the application of the owner of any ship the tonnage of which below the upper deck has been measured in accordance with paragraph (3) direct such tonnage to be measured in accordance with paragraph (2) and cause the particulars relating to its registered tonnage to be altered accordingly.
(5) All measurements required by these Regulations shall be taken and expressed in feet and fractions of a foot, and such fractions shall be expressed in decimals.
(6) Tonnage in relation to any ship or space in a ship shall be measured in terms of cubic capacity, 100 cubic feet representing one ton.
	5 Certificates of Tonnage	5. (1) The Minister shall issue to the owner of every ship registered in the State under the Mercantile Marine Act, 1955 , the tonnage of which has been ascertained in accordance with these Regulations, a certificate of tonnage certifying the registered tonnage of the ship and containing the following particulars:—
(a) the name, port of registry and official number of the ship;
(b) its registered dimensions;
(c) its gross tonnage and the tonnage of each of the components thereof specified in Regulation 6 (1);
(d) its register tonnage and the deductions and allowances made pursuant to Regulations 11 and 12 respectively in ascertaining that tonnage;
(e) in the case of a ship to which gross and register tonnages have been assigned in accordance with Regulation 13, or to which alternative tonnages have been assigned in accordance with Regulation 14, particulars of the spaces the tonnage of which has been excluded by virtue of Regulation 13 or Regulation 14, as the case may be, in ascertaining such tonnages;
(f) the position in which any tonnage mark assigned to the ship is to be placed.
(2) For the purpose of ascertaining in relation to ships not registered in the State the amount of rates and charges based upon tonnage, the Minister may issue to the owner of any such ship the tonnage of which has been ascertained in accordance with these Regulations a certificate of tonnage as aforesaid, and the gross and register tonnages as stated in that certificate shall, unless any alteration is made in the form or capacity of the ship or it is discovered that the tonnage of the ship has been erroneously computed, be taken for that purpose to be the gross and register tonnages of the ship.
(3) On remeasurement of a ship, any...