S.I. No. 259/2004 - Merchant Shipping (Pleasure Craft) (Lifejackets and Operation) (Safety) Regulations 2004

I, DERMOT AHERN, Minister for Communications, Marine and Natural Resources, in exercise of the powers conferred on me by sections 20 (as amended by section 44 (9) of the Merchant Shipping (Investigation of Marine Casualties) Act 2000 (No. 14 of 2000)) and 34 (inserted by section 44(11) of that Act) of the Merchant Shipping Act 1992 (No. 2 of 1992) (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:

Citation

1.  These Regulations may be cited as the Merchant Shipping (Pleasure Craft) (Lifejackets and Operation) (Safety) Regulations 2004.

Definitions

2.  In these Regulations—

“fast power craft” means a pleasure craft, other than a personal watercraft, the principal means of propulsion of which is derived from a mechanical power source and which attains or can attain a speed through or over water equal to or exceeding 17 knots;

“decked craft” means a pleasure craft which is not an open craft;

“length overall” means the overall length of a craft, extending from the most extreme point aft to a similar point at the forward end, incorporating any overhang of stern, or rake of stem;

“open craft” means a pleasure craft which does not have a cabin or below deck facilities for the use of persons and where seating, or any place on the craft used for seating, is exposed or partially exposed to the elements;

“pleasure craft” includes personal watercraft and fast power craft;

“suitable personal flotation device or lifejacket” means a personal flotation device or lifejacket—

(a) which is sufficient to give a person using it a positive buoyancy in waters which are likely to be encountered where the vessel on which it is required to be used or to be available for use is reasonably likely to be,

(b) which is appropriate to the body weight of the person who is to wear it,

and

(c) which has on it the CE conformity marking consisting of the initials “CE” taking the form of the specimen set out in Annex IV to Council Directive 89/686/EEC of 21 December 1989¹ (as amended by Council Directive 93/68/EEC of 22 July 1993² and Council Directive 96/58/EC of the European Parliament and the Council of 3 September 1996³ ).

Application

3. (1) These Regulations apply to pleasure craft being operated in Irish waters and to—

(a)  any person on board such craft, and

(b)  any person being towed by such craft or on board a vessel or object of any kind, being towed by such craft.

(2) These Regulations (other than Regulations 8 and 9) do not apply to a pleasure craft being used for rescue or other emergency purposes or for law enforcement purposes.

(3) These Regulations do not apply to rowers in boats which are—

(a)  designed and specifically used for rowing in boat races and which are capable of being entered into regattas or other events recognised by the Irish Amateur Rowing Union, and

(b)  of a design and type in respect of which events are held in the Olympic Games or other international rowing regattas.

Age restrictions on operation or control of pleasure craft

4. (1) The master or owner of a personal watercraft or a fast power craft shall take all reasonable steps to ensure that a person who has not attained the age of 16 years does not operate or control the craft.

(2) The master or owner of a pleasure craft powered by an engine with a rating of more than 5 horse power or 3.7 kilowatts shall take all reasonable steps to ensure that a person who has not attained the age of 12 years does not operate or control the craft.

Carriage of personal flotation devices or lifejackets on pleasure craft (other than personal watercraft)

5. The master or owner of a pleasure craft (other than a personal watercraft) shall ensure, that there are, at all times, on board the craft, sufficient suitable personal flotation devices or lifejackets for each person on board.

Use of personal flotation devices or lifejackets on pleasure craft (other than personal watercraft)

6. (1) A person on a pleasure craft (other than a personal watercraft) of less than 7.0 metres length overall shall wear a suitable personal flotation device or lifejacket while on board an open craft or while on the deck of decked craft, other than when the craft is made fast to the shore or at anchor.

(2) The master or owner of a pleasure craft (other than a personal watercraft) shall take all reasonable steps to ensure that a person who has not attained the age of 16 years complies with paragraph (1) of this Regulation.

(3) The master or owner of a pleasure craft (other than a personal watercraft), which is not a craft referred to in paragraph (1) of this Regulation, shall take all reasonable steps to ensure that a person who has not attained the age of 16 years wears a suitable personal flotation device or lifejacket while on board an open craft or while on the deck of a decked craft, other than when it is made fast to the shore or at anchor.

(4) The master or owner of a pleasure craft (other than a personal watercraft) shall take all reasonable steps to ensure that a person wears a suitable personal flotation device or lifejacket, at all times while—

(a) being towed by the craft, or

(b) on board a vessel or object of any kind which is being towed by the craft.

(5) This Regulation does not apply to a person on board a pleasure craft (other than a personal watercraft), which is not under way, when the person—

(a) is wearing, putting on, or taking off, scuba diving equipment, or

(b) is about to engage in, or has just completed swimming (including snorkelling) from the craft.

Use of personal flotation devices or lifejackets on personal watercraft

7. (1) Every person on a personal watercraft shall wear a personal flotation device or lifejacket at all times while on board, or being towed in any manner by a personal watercraft.

(2) The master or owner of a personal watercraft shall take all reasonable steps to ensure that a person who has not attained the age of 16 years complies with paragraph (1) of this Regulation.

Prohibition on operating pleasure craft while under influence of alcohol or drugs

8. The master or owner of a pleasure craft, shall not, or shall not allow another to, operate or control or attempt to operate or control the craft while he or she or the other is under the influence of alcohol or drugs or any combination of drugs or of drugs and alcohol to such an extent as to be incapable of having proper control of the craft.

Control of consumption of alcohol or drugs on board pleasure craft

9. (1) A person on a pleasure craft shall not consume alcohol or drugs or any combination of drugs or of drugs and alcohol while on board the craft in circumstances which could affect the safety of persons or create a disturbance on board the craft or affect the safety of other persons using Irish waters or constitute a nuisance to such persons.

(2) A person being towed or on board a vessel or object of any kind which is being towed by a pleasure craft shall not consume alcohol or drugs or any combinations of drugs or drugs and alcohol.

(3) The master or owner of a pleaure craft shall take all reasonable steps to ensure that all persons comply with paragraphs (1) and (2) of this Regulation.

Application of section 34 of Merchant Shipping Act 1992

10. (1) Section 34 (inserted by section 44 (11) of the Merchant Shipping (Investigation of Marine Casualties) Act 2000 (No. 14 of 2000)) of the Merchant Shipping Act 1992 (No. 2 of 1992), applies to these Regulations.

(2) The form set out in the Schedule to these Regulations is prescribed as the form of the notice to be served on a person in respect of an offence under section 20 of the Merchant Shipping Act 1992 for contravening these Regulations.

Revocation

11. The Merchant Shipping (Mechanically Propelled Pleasure Craft) (Safety) Regulations 2001 ( S.I. No. 284 of 2001 ) are revoked.

SCHEDULE

DEPARTMENT OF COMMUNICATIONS, MARINE AND NATURAL RESOURCES

Merchant Shipping Acts 1894 to 2000

Notice in Relation to an Alleged Offence

( Section 34 of the Merchant Shipping Act 1992 )

To ............................................................ ............................................................ ..................

Address ............................................................ ............................................................ ..........

It is alleged that you have committed an offence at ............................................................ ........

on .......................................................... 20 ..........

The alleged offence, particulars of which are given at reference number

..................... indicated below/overleaf is an offence under section 20 of the

Merchant Shipping Act 1992.

A prosecution in respect of the alleged offence will not be instituted during

the period of 21 days beginning on the date of this notice and if during that

period you pay ............................................................ ..........................................................¹ at ............................................................ ............................................................ ................. ²

the sum of €127 accompanied by this notice, a prosecution in respect of the

alleged offence will not be instituted.

Dated ...................... 20 ...................... Signed ............................................................ ...........

Authorised Officer

MERCHANT SHIPPING (PLEASURE CRAFT) (LIFEJACKETS AND OPERATION)

(SAFETY) REGULATIONS

(S.I. No. 259 of 2004)

EXPLANATORY NOTE

(This note is not part of the Instrument and does not purport to be a legal interpretation.)

These regulations contain national provisions governing the operation of pleasure craft including personal watercraft. These include provisions relating to age restrictions, the carriage and use of lifejackets and restrictions on the use of alcohol and drugs. In addition, the Merchant Shipping (Mechanically Propelled Pleasure Craft) (Safety) Regulations 2001 ( S.I. No. 284 of 2001 ) are revoked.

¹ OJ No. L.399, 30.12.89, p. 18.

² OJ No. L.220, 30.8.93, p. 1.

³ OJ NO. L.236, 18.9.96, p. 44.

¹ Insert name of statutory authority to be paid.

² Insert address where payment may be made.