Merchant Shipping Act 2010

Duties of owners and masters (Chapter 4).

46.— (1) It is the duty of the owner and master of an Irish ship to which this Chapter applies—

(a) to ensure it complies with the requirements of the high-speed craft rules, and

(b) to maintain such ship in conformity with the high-speed craft rules to ensure that the ship in all respects remains fit to operate without danger to the ship or the persons on board.

(2) It is the duty of the owner and master of an Irish ship to which this Chapter applies—

(a) before the ship is put into service,

(b) before the high-speed craft safety certificate is issued in its respect for the first time, and

(c) before the ship continues in service after the expiration of its high-speed craft safety certificate,

to have the ship surveyed by a surveyor of ships and a radio surveyor or such other person or persons as the Minister may authorise for such purpose, in accordance with the high-speed craft rules.

(3) It is the duty of the owner and master of an Irish ship to which this Chapter applies to have it surveyed under section 45 (2)(a) or section 47 (3)(b) where required.

(4) (a) Without prejudice to section 23 of the Act of 2000, whenever an accident occurs to an Irish ship to which this Chapter applies, or a defect to such ship is discovered, either of which affects the safety of the ship or the efficiency or completeness of its structure, equipment, fittings, arrangements and materials, the owner or master of the ship must, at the earliest opportunity, report the matter to the Chief Surveyor or any other surveyor of ships in the Marine Survey Office, Department of Transport.

(b) In the case that the ship is in a port of a state to which the Safety Convention applies, other than the State, the owner or master must also report at the earliest opportunity to the appropriate authorities of the government of that state.

(5) It is the duty of the owner and master of an Irish ship to which this Chapter applies—

(a) to ensure that it complies with section 45 (4),

(b) to ensure that the permit to operate (HSC) is available on board for examination at all times, and

(c) to ensure that the high-speed craft safety certificate is available on board for examination at all times.