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S.I. No. 381/1993 - Merchant Shipping (Life-Saving Appliances) Rules, 1983 (Amendment) Rules, 1993.

S.I. No. 381/1993:

MERCHANT SHIPPING (LIFE-SAVING APPLIANCES) RULES, 1983 (AMENDMENT) RULES, 1993.

MERCHANT SHIPPING (LIFE-SAVING APPLIANCES) RULES, 1983 (AMENDMENT) RULES, 1993.

I, DAVID ANDREWS, Minister for the Marine, in exercise of the powers conferred on me by section 427 of the Merchant Shipping Act, 1894 (as amended by section 11 of the Merchant Shipping (Safety Convention) Act, 1952 (No. 29 of 1952) and section 10 of the Merchant Shipping Act, 1966 (No. 20 of 1966)) 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 (Life-Saving Appliances) Rules, 1983 (Amendment) Rules, 1993, and shall come into operation on the 1st day of April, 1994.

2. The Merchant Shipping (Life-Saving Appliances) Rules, 1983 ( S.I. No. 302 of 1983 ), are hereby amended by the substitution for Rule 1 (3) of the following Rules:—

"(3) These Rules apply in relation to:—

( a ) all existing ships registered in the State and other existing ships while they are within the State or the territorial waters thereof;

( b ) new ships of classes III, IV, V and VI registered in the State and other such ships while they are within the State or the territorial waters thereof;

Provided that these Rules shall not apply to:

(i) a ship by reason of her being within a port in the State if she would not have been in any such port but for stress of weather or any other circumstances that neither the master nor the owner nor the character (if any) could have prevented;

(ii) pleasure craft which are not passenger ships and are of less than 13.7 metres in length;

(iii) fishing vessels;

( c ) in this Rule:—

(i) "new ship" means a ship the keel of which is laid or which is at a similar state of construction on or after 1 July, 1986; and "similar stage of construction" means the stage at which

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

( b ) 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 the less".

(ii) "existing ship" means a ship other than a new ship.".

3. The Merchant Shipping (Life-Saving Appliances) Rules, 1983 ( S.I. No. 302 of 1983 ) are hereby amended as follows:—

(1) In Rule 1:

( a ) In paragraph (2) there shall be substituted the following definitions for the definition of "Certificated lifeboatman";

""Certificated person" means a member of the crew who holds either

( a ) a Certificate of Proficiency in Survival Craft under the Merchant Shipping (Certificates of Proficiency in Survival Craft) Regulations, 1984, ( S.I. No. 191 of 1984 ), or such certificate issued by or under the authority of any Government outside the State which is recognised by the Minister as being Equivalent to a certificate issued under those Regulations;

or

( b ) a Certificate of Efficiency as Lifeboatman issued before 19th October, 1984, by or under the authority of the Minister or such certificate issued before 19th October, 1984 by or under the Authority of any Government outside the State which is recognised by the Minister as being the equivalent of such a certificate issued by or under the Authority of the Minister;";

( b ) in paragraph (2) for the definition of "pleasure craft" there shall be substituted the following:

""Pleasure craft" means a vessel (other than a passenger ship and ship engaged in trade) primarily used for sport or recreation;";

( c ) in paragraph (2) for the definition of "tons" there shall be substituted the following:

""Tons" means gross tons and a reference to tons:

( a ) in relation to a ship having alternative gross tonnages under paragraph 12 of the Fourth Schedule to the Merchant Shipping (Tonnage) Regulations, 1984 ( S.I. No. 369 of 1984 ), is a reference to the larger of those tonnages; and

( b ) in relation to a ship having its tonnage determined both under Part II and Regulation 16 of those Regulations is a reference to its gross tonnage as determined under Regulation 16 of those Regulations.";

( d ) in paragraph (2) for the definition of "Near continental trading area" there shall be substituted the following:

""Near continental trading area" means the area defined in Schedule 2 to the Merchant Shipping (Certification of Deck Officers) Regulations, 1988 ( S.I. No. 368 of 1988 ).".

(2) in Rule 2:

( a ) in paragraph (1) in the definitions of Classes III and VI passenger ships for "fine weather" there shall be substituted "favourable weather";

( b ) in paragraph (1) in the definition of Class XII the words "(other than ships of Classes I to VI inclusive)" shall be deleted;

( c ) in paragraph (2) in the appropriate alphabetical order there shall be inserted the following definitions:

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

""International voyage" has the meaning given to it in the Merchant Shipping (Safety Convention) Act, 1952 (No. 29 of 1952);";

""Short international voyage" has the meaning given to it in the Merchant Shipping (Safety Convention) Act, 1952 (No. 29 of 1952);".

(3) Rule 29 (2) shall be deleted.

(4) In Rule 35 (6) (a) the word "banked" shall be inserted between "single" and "complement".

(5) In Rule 37 for paragraphs (1) and (2) there shall be substituted the following:

"(1) Every lifeboat carried in a ship of Class I, every lifeboat carried in a ship of Classes VII, VII(A), and VII(T) in compliance with Rules 10 (2), 11 (2) and 12 (2) respectively, and every lifeboat carried in a ship of Class XI in compliance with sub-paragraph (a) of Rule 21 (2) shall be provided with a food ration totalling not less than 10,000 kilojoules for each person it is deemed to accommodate. Such ration shall not be required on ships of Classes I or XI which do not make voyages outside the Near continental trading area.

"(2) Such rations shall be kept in airtight packaging and be stowed in suitable watertight containers labelled to indicate the contents.".

(6) In Rule 37 (3) after "VIII" there shall be added "VIII(T)".

(7) For Rule 43 (3) there shall be substituted the following:—

"43 (3) ( a ) Lifebuoys shall be so distributed as to be readily available on both sides of the ship and as far as practicable on all open decks extending to the ship's side. At least one lifebuoy shall be placed in the vicinity of the stern.

( b ) Lifebuoys shall be so stowed as to be capable of being rapidly cast loose, and shall not be permanently secured in any way.

( c ) Except as otherwise provided, lifebuoys with lights and those with lights and smoke signals shall be equally distributed on both sides of the ship.".

(8) For Rule 45 there shall be substituted the following:—

"45 (1) This Rule applies to ships of Classes I, II, II(A), III, VII, VII(A), VII(T), VIII, VIII(T) and ships of Classes IX and XI engaged on international voyages.

(2) There shall be a sufficient number of crew members to operate the survival craft and launching arrangements required for abandonment by the total number of persons on board. The minimum number of deck officers, certificated persons and other crew members required to be carried shall be specified in a Marine Notice which may be amended or replaced from time to time.

(3) A deck-officer or certificated person shall be placed in charge of each lifeboat to be used. In addition a deck officer or certificated person shall be nominated second-in-command of such lifeboat.

(4) Except as otherwise provided in this paragraph a deck officer or certificated person shall be placed in charge of each liferaft to be used. In ships of Classes II, II(A) and III the person placed in charge of the liferaft may in lieu of a deck officer or certificated person be a crew member practised in the handling and operation of liferaft.

(5) The person in charge of a survival craft shall have a list of the survival craft crew and shall ensure that the crew under his commend are acquainted with their duties. In lifeboats the second-in-command shall also have a list of the life-boat crew.

(6) In ships carrying liferafts served by launching appliances a deck officer or certificated person shall be assigned to each launching appliance.

(7) In ships carrying liferafts not served by launching appliances a deck officer or certificated person shall be assigned to each launching position.

(8) A person capable of operating the engine and carrying out minor adjustments shall be assigned to every motor lifeboat.

(9) A person capable of operating a radiotelegraph installation shall be assigned to every lifeboat required to carry such equipment.

(10) There shall be a sufficient number of trained persons on board for mustering and assisting untrained persons.

(11) The master shall ensure the equitable distribution of persons referred to in paragraphs (2), (3), (4) and (10) of this Rule when compiling the muster list referred to in Rule 4 (2) of the Merchant Shipping (Musters and Training) Rules, 1990 ( S.I. No. 85 of 1990 ).".

(9) Rule 46 shall be deleted.

(10) For Rule 47 there shall be substituted the following:—

"Stowage of portable radio apparatus

47 (1) The portable radio apparatus for survival craft required to be carried in compliance with Rules 3 (6), 4 (11), 10 (13) and 11 (6) of these Rules shall be stowed in a protected and easily accessible position ready to be moved to any survival craft in an emergency.

(2) In ships where the lifeboats are stowed in widely separated position fore and aft, the portable radio apparatus shall be stowed in the vicinity of the life-boats which are furthest from the ship's main transmitter.".

(11) In Rule 49 (1) and (2) there shall be added at the end "( S.I. No. 300 of 1983 ), or in Rule 48 of the Merchant Shipping (Passenger Ship Construction and Survey) Rules, 1985 ( S.I. No. 274 of 1985 ) as appropriate.".

(12) In Rule 49 (3) (c) (i) after "Merchant Shipping (Cargo Ship Construction and Survey) Rules, 1983 ( S.I. No. 301 of 1983 )" there shall be added "or Rule 45 of the Merchant Shipping (Cargo Ship Construction and Survey) Rules, 1985 ( S.I. No. 276 of 1985 ), as appropriate.".

(13) In Rule 49 (3) (c) (ii) for "of the said Rules" there shall be substituted "of the Merchant Shipping (Cargo Ship Construction and Survey) Rules, 1983 ( S.I. No. 301 of 1983 ), or Rule 45 of the Merchant Shipping (Cargo Ship Construction and Survey) Rules, 1985 ( S.I. No. 276 of 1985 ), as appropriate.".

(14) In Rule 49 (3) (d) after "Merchant Shipping (Cargo Ship Construction and Survey) Rules, 1983" there shall be inserted "or Rule 45 of the Merchant Shipping (Cargo Ship Construction and Survey) Rules, 1985 ( S.I. No. 276 of 1985 ), as appropriate.".

(15) In Rule 50 (4) the final sentence shall be deleted.

(16) After Rule 50 there shall be inserted the following:—

"Operating instructions, training manuals and on-board maintenance

50A (1) Except as otherwise provided in sub-paragraph (2) (a), this Rule applies to ships of Classes I, II, IIA, III, IV, V, VI, VII, VII(A), VII(T), VIII, VIII(T), VIII(A), VIII(A)(T), IX, IX A, IX(A)(T), XI and XII which carry one or more lifeboats, Class C boats, other boats or liferafts.

(2) Every ship to which this Rule applies shall be provided with:—

( a ) posters or signs showing operating instructions on or in the vicinity of survival craft and their launching controls: such posters or signs shall illustrate the purpose of controls and the procedures for operating the appliance and give relevant instructions; they shall be easily seen under emergency lighting conditions on ships of Classes I, II, II(A), VII, VIII(A), VII(T), VIII, VIII(T) and IX to which Rule 49(1), (2) or (3) applies; where applicable they shall use symbols which are to the satisfaction of the Minister and are specified in a Marine Notice which may be amended or replaced from time to time;

( b ) a training manual complying with the requirements of Part I of the Twenty Third Schedule to these Rules in each crew messroom and recreation room or in each crew cabin; in ships of under 500 tons at least one training manual shall be provided appropriate to the life-saving appliances carried and to the type and size of ship on which it is provided; and

( c ) as far as practicable instructions complying with the requirements of Part II of the Twenty Third Schedule to these Rules for on-board planned maintenance programme which includes the maintenance of life-saving appliances.

Replacement of Life-Saving Appliances

50B When any life-saving appliance arrangement on a ship to which these Rules apply is replaced or the ship undergoes repairs, alterations or modifications of a major character which involve replacement of, or an addition to, its existing life-saving appliances or arrangements, any such replacement or additional life-saving appliance or arrangement shall, so far as is reasonably practicable be a life-saving appliance or arrangement complying with the requirements relating to that type of appliance or arrangement contained in a Schedule or Schedules to the Merchant Shipping (Life-Saving Appliances) Rules, 1983 ( S.I. No. 380 of 1983 ) and any appliance or arrangement complying with those requirements shall not be required to comply with the requirements in the relevant Schedule or Schedules to these Rules; provided that if a lifeboat is replaced but its launching appliance is not, or vice versa, the lifeboat or launching appliance, as the case may be, may be of the same type as that replaced.

Operational readiness, maintenance, inspections and servicing

50C (1) All life-saving appliances shall be in working order and ready for immediate use before any ship to which these Rules apply commences a voyage and at all times during the voyage.

(2) As far as practicable, maintenance of life-saving appliances shall be carried out in accordance with the Instructions for on-board maintenance, or in accordance with a shipboard planned maintenance programme which includes the requirements of Part II of the Twenty Third Schedule to these Rules.

(3) Falls used in launching shall be turned end for end at intervals of not more than 30 months and be renewed when necessary due to deterioration of the falls or at intervals of not more than 5 years, whichever is the earlier. Stainless steel falls shall be turned end for end at intervals of not more than 30 months but need not be renewed if on inspection there are no signs of mechanical damage or other possible defects.

(4) Spares and repair equipment shall be provided for life-saving appliances and their components which are subject to excessive wear or consumption and need to be replaced regularly.

(5) The following tests and inspections shall be carried out weekly:

( a ) all survival craft, rescue boats, inflated boats, Class C boats and launching appliances shall be visually inspected to ensure that they are ready for use;

( b ) if practicable all engines in lifeboats and other boats shall be run ahead and astern for a total period of not less than 3 minutes provided the ambient temperature is not lower than that at which the engine is required to start; and

( c ) the general emergency alarm system shall be tested.

(6) Inspection of the life-saving appliances, including lifeboat equipment shall be carried out monthly using the check list referred to in Part II of the Twenty Third Schedule to these Rules. A report of the inspection shall be entered in the log referred to in paragraph 2.7 of Part II of the said Schedule.

(7) Every inflatable liferaft, inflated and rigid inflated rescue boat, inflated boat, inflatable life jacket and hydrostatic release unit shall be serviced at a service station approved by the Minister at intervals not exceeding 12 months, provided that in any case where this is impracticable, such interval may be extended by a period not exceeding 5 months.

(8) Emergency repairs to inflated rescue boats and inflated boats may be carried out on board ship but permanent repairs shall be effected at an approved service station as soon as practicable.

Table of Life-Saving Signals and Rescue Methods

50D In ships of Classes I, II, II(A), III, VII, VII(A), VII(T), VIII, VIII(T), VIII(A), VIII(A)(T), IX and XI and in ships of Class XII which proceed to sea a copy of the table "Life-saving Signals and Rescue Methods, SOLAS No. 1" shall be provied.".

(17) In the Thireenth Schedule Part I, paragraph (7) shall be deleted.

(18) In Part I of the Fifteenth Schedule in paragraph (10) there shall be substituted "0.8", "0.6" and "0.6" for "4.0", "3.85", and "3.85".

(19) In Parts IV and V of the Fifteenth Schedule there shall be added as paragraphs (12) and (9) respectively:

"For carriage in lifeboats, signals shall be packed in a container which shall be durable, damp proof and effectively sealed".

(20) The following Schedule shall be inserted:

"TWENTY THIRD SCHEDULE

TRAINING MANUALS AND INSTRUCTIONS FOR ON-BOARD MAINTENANCE

Rule 50A (2) (b)

PART I

Training Manuals

1. A training manual shall contain instructions and information on the life-saving appliances provided in the ship. It shall also contain information on the best methods of survival. The material in the manual shall be in easily understood terms and illustrated where appropriate.

2. A training manual may comprise one or more volumes and any part of the instructions and information may be provided in the form of audio-visual aids as an alternative to printed material.

3. As appropriate, the following shall be explained in detail:

1. donning of lifejackets, and immersion suits where carried;

2. muster at the assigned stations;

3. boarding, launching and clearing the survival craft, rescue and other boats;

4. method of launching from within the survival craft;

5. release from launching appliances;

6. methods and use of devices for protection in launching areas;

7. illumination in launching areas;

8. use of all survival equipment;

9. use of all detection equipment;

10. with the assistance of illustrations, the use of radio life-saving appliances;

11. use of sea anchors;

12. use of engine and accessories;

13. recovery of survival craft, rescue and other boats including stowage and securing;

14. hazards of exposure and the need for warm clothing;

15. best use of the survival craft facilities in order to survive;

16. methods of retrieval, including the use of helicopter rescue gear (slings, baskets, stretchers), breeches-buoy and shore life-saving apparatus and ship's line-throwing apparatus;

17. all other functions contained in the muster list and emergency instructions; and

18. instructions for emergency repair of the life-saving appliances.

Rule 50A (2) (c)

PART II

Instructions for On-Board Maintenance

1. Instructions for on-board maintenance of life-saving appliances shall be in easily understood terms and illustrated wherever possible.

2. As appropriate and as far as is practicable, the instructions shall include the following for each appliance:

1. a checklist for use when carrying out the inspections required by Rule 50C(6);

2. maintenance and repair instructions;

3. schedule of periodic maintenance;

4. diagram of lubrication points with the recommended lubricants;

5. list of replaceable parts;

6. list of sources of spare parts; and

7. log for records of inspections and maintenance.".

GIVEN under my Official Seal, this 15th day of December, 1993.

DAVID ANDREWS,

Minister for the Marine.

EXPLANATORY NOTE.

These Rules give effect to the relevant provisions in Chapter III of the 1983 Amendments to the International Convention for the Safety of Life at Sea, 1974 which apply to ships built before 1 July, 1986 (and some classes of ship built after that date) and which came into force internationally on 1 July, 1986.

The principal amendments to the Merchant Shipping (Life-Saving Appliances) Rules, 1983 ( S.I. No. 302 of 1983 ) are requirements for:—

(1) manning of survival craft;

(2) provision of training manuals; and

(3) operational readiness, maintenance, inspections and servicing of life-saving appliances.