S.I. No. 306/1983 - Merchant Shipping (Dangerous Goods) Rules, 1983.

S.I. No. 306 of 1983.

MERCHANT SHIPPING (DANGEROUS GOODS) RULES, 1983.

I, JAMES MITCHELL, Minister for Transport, in exercise of the powers conferred on me by section 38 of the Merchant Shipping (Safety Convention) Act, 1952 (No. 29 of 1952), the Transport, Fuel and Power (Transfer of Departmental Administration and Ministerial Functions) Order, 1959 ( S.I. No. 125 of 1959 ) and the Tourism and Transport (Alteration of Name of Department and Title of Minister) Order, 1980, ( S.I. No. 11 of 1980 ), hereby make the following Rules:—

PART I. General.

1. (1) These Rules may be cited as the Merchant Shipping (Dangerous Goods) Rules, 1983 ( S.I. No. 306 of 1983 ) and shall come into operation on the 1st day of December, 1983.

(2) In these Rules, unless the context otherwise requires:

"the Blue Book" means the 1978 Report of the British Department of Trade's Standing Advisory Committee on the Carriage of Dangerous Goods in Ships;

"correct technical name" means a description of the goods sufficient to identify readily their dangerous characteristics, including any proper shipping name described in the IMDG Code;

"dangerous goods" means goods classified in the Blue Book, the IMDG Code or any other IMO publication specified below as dangerous for carriage by sea, and any other substance or goods the properties of which might be dangerous if that substance or those goods were carried by sea and includes empty receptacles, residues in empty tanks or cargo holds which have been used previously for the carriage of dangerous goods unless such receptacles, empty tanks or cargo holds have been cleaned and dried or ventilated as appropriate or when the properties of the former contents permit with safety, have been adequately closed, or in the case of radioactive substances have been both cleaned and adequately closed, but the expression shall not include goods forming part of the equipment or stores of the ship in which they are carried;

"dangerous goods declaration" means a certificate or declaration in writing that the shipment offered for carriage is properly marked or labelled in accordance with the provisions of these Rules and is packaged in such a manner as to withstand the ordinary risks of handling and transport by sea, having regard to the properties of the goods to be carried;

"durably marked" means that the label or other marking in accordance with the provisions of these Rules is such as to remain identifiable on packages which have been at least three months in the sea and "durable" shall be construed accordingly;

"employee" means a person (including the master but excluding dock workers or shore-based repair and other workers temporarily employed on board the ship) employed:

(a) in the navigational, engine room, radio, medical or catering department of a ship; or

(b) in the provision of goods, services or entertainment on board;

"flammable liquids" means liquids the flashpoint of which is at or below 60°C (closed cup) in respect of bulk cargoes and at or below 61°C (closed cup) in respect of packaged goods;

"freight container" means an article of transport equipment (other than a vehicle or packaging) used for the containment of cargo which is:

(a) strong enough for repeated use;

(b) capable of facilitating the transport of goods, by one or more modes of transport, without intermediate reloading; and

(c) capable of being readily handled, and of being secured during carriage, and having fittings for these purposes;

and includes any such container carried on a chassis;

"the IMDG Code" means the 1981 edition of the International Maritime Dangerous Goods Code published by IMO;

"IMO" means the International Maritime Organisation;

"IMO Bulk Dangerous Chemicals Code" means the 1980 edition of the IMO Code for the Construction and Equipment of Ships carrying Dangerous Chemicals in Bulk;

"IMO Bulk Liquefied Gases Code for New Ships" means the 1976 edition of the IMO Code for the Construction and Equipment of Ships carrying Liquefied Gases in Bulk;

"IMO Bulk Liquefied Gases Code for Existing Ships" means the 1976 edition of the IMO Code for Existing Ships carrying Liquefied Gases in Bulk;

"IMO Solid Bulk Cargoes Code" means the 1980 edition of the IMO Code of Safe Practice for Solid Bulk Cargoes;

"loaded in bulk" means loaded directly into the structural cargo spaces of a ship without intermediate form of containment, and, without prejudice to the generality of the foregoing words, the expression includes a cargo of liquid or liquefied gas, or a cargo of solids in particle or granular form generally homogeneous in composition;

"Marine Notice" means a Notice described as such, issued by the Department of Transport;

"package" means an individual package or receptacle and includes a freight container or a portable tank or tank container or tank vehicle or other vehicle or other cargo unit containing dangerous goods for shipment;

"the Protocol of 1978" means the Protocol of 1978 relating to the International Convention for the Safety of Life at Sea, 1974;

"safety explosives" means explosives of Class 1, Division 1.4 compatibility Group S in the IMDG Code;

"United Nations number" means the number allocated to dangerous substances or articles by the United Nations Committee of Experts on the Transport of Dangerous Goods and specified in their publication entitled "Transport of Dangerous Goods" published in 1977 by the United Nations Organisation.

(3) Any reference in these Rules to the Blue Book, the IMO Bulk Dangerous Chemicals Code, the IMO Bulk Liquefied Gases Code for New Ships, the IMO Bulk Liquefied Gases Code for Existing Ships, the IMO Solid Bulk Cargoes Code, the IMDG Code or the United Nations 1977 publication shall include a reference to any document amending or extending that publication which is specified in a Marine Notice.

(4) The Minister may grant exemptions from all or any of the provisions of these Rules (as may be specified in the exemption) for classes of cases or individual cases on such terms (if any) as he may so specify and may, subject to giving reasonable notice, alter or cancel any such exemption.

(5) The Merchant Shipping (Dangerous Goods) Rules, 1967 ( S.I. No. 105 of 1967 ) and the Merchant Shipping (Dangerous Goods) (Amendment) Rules, 1968 ( S.I. No. 179 of 1968 ) are hereby revoked.

2. (1) These Rules apply to:

(a) ships registered in the State;

(b) other ships while they are loading or discharging cargo or embarking or disembarking passengers or bunkering or discharging fuel within the State or the territorial waters thereof.

(2) (a) In the case of a ship to which the Protocol of 1978 and the International Convention for the Safety of Life at Sea, 1974 applies, where all dangerous goods are being carried or discharged in accordance with the law relating to the carriage by sea of such goods of the country in which the ship is registered and all the provisions of that law (in so far as the same are applicable) have been complied with, the provisions of Parts II and III of these Rules shall be deemed to have been complied with in relation to that ship.

(b) In the case of any other ship, the Minister may exempt that ship from any of the requirements of these Rules which are required to be complied with in relation to that ship if he is satisfied that the requirements of the law relating to the carriage by sea of dangerous goods of the country in which the ship is registered have been complied with and are not less effective than the requirements of Parts II and III of these Rules.

3. (1) It shall be the duty of every shipowner or employer of persons aboard a ship registered in the State and, in respect of a ship registered outside the State, the master, to ensure, so far as is reasonably practicable, the health, safety and welfare aboard ship of all employees and of other persons who may be affected by his acts or omissions in connection with the handling, stowage and transport of dangerous goods on the ship.

(2) Without prejudice to the generality of the shipowner's or employer's or master's duty under paragraph (1) above, the matters to which that duty extends shall include in particular;

(a) the provision and maintenance of ship's equipment for the handling, stowage and transport of dangerous goods which is, so far as is reasonably practicable, safe and without risk to health;

(b) the provision of such information, instruction, training and supervision as is necessary to ensure, so far as is reasonably practicable, the health and safety aboard ship of employees in connection with the handling, stowage and transport of dangerous goods on the ship.

4. (1) It shall be the duty of every employee on board ship:

(a) to take reasonable care for the health and safety of himself and of other persons who may be affected by his acts or omissions in connection with the handling, stowage and transport of dangerous goods on the ship; and

(b) as regards any duty or requirement imposed on his shipowner or employer by the Merchant Shipping Acts, 1894 to 1981 or any regulation or rule made thereunder prior to the date on which these Rules come into operation, with regard to the safety or health of persons aboard a ship to which these Rules apply, to co-operate with the shipowner or employer so far as is necessary to enable that duty or requirement to be performed or complied with in connection with the handling, stowage and transport of dangerous goods on the ship.

5. In connection with the handling, stowage and transport of dangerous goods on the ship no person shall intentionally or recklessly interfere with or misuse anything provided on a ship registered in the State in the interests of health, safety or welfare in pursuance of the Merchant Shipping Acts, 1894 to 1981 or any regulation or rule made thereunder prior to the coming into operation of these Rules.

6. In any proceedings for an offence under this Part consisting of a failure to comply with a duty or requirement to do something so far as is reasonably practicable, it shall be for the accused to prove that it was not reasonably practicable to do more than was in fact done to satisfy the duty or requirement.

PART II.

7. (1) No dangerous goods shall be taken on board any ship to which these Rules apply for carriage in that ship unless the shipper of the goods has furnished the shipowner or master of the ship with a dangerous goods declaration.

(2) Such declaration shall indicate with the correct technical name, the identity of the goods and the United Nations number (whenever such a number exists) and shall indicate to which of the following classes the goods belong:

Class 1 — Explosives,

Class 2 — Gases compressed, liquefied or dissolved under pressure, subdivided into three categories:

2.1—Flammable gases;

2.2—Non-flammable gases, being compressed, liquefied or dissolved, but neither flammable nor poisonous;

2.3—Poisonous gases.

Class 3 — Flammable liquids, subdivided into three categories:

3.1—Low flashpoint group of liquids having a flashpoint below — 18°C (0°F), closed cup test;

3.2—Intermediate flashpoint group of liquids having a flashpoint of — 18°C (0°F) up to, but not including, 23°C (73°F), closed cup test;

3.3—High flashpoint group of liquids having a flashpoint of 23°C (73°F) up to and including 61°C (141°F), closed cup test;

Class 4.1 — Flammable solids,

Class 4.2 — Substances liable to spontaneous combustion;

Class 4.3 — Substances which in contact with water emit flammable gases.

Class 5.1 — Oxidising substances (agents),

Class 5.2 — Organic Peroxides,

Class 6.1 — Poisonous (toxic) substances.

Class 6.2 — Infectious substances,

Class 7 — Radioactive substances.

Class 8 — Corrosives.

Class 9 — Miscellaneous dangerous substances which present a danger not covered by other classes.

(3) The shipper shall in addition provide the shipowner or master of the ship with the following information in writing where appropriate:

(i) the number and type of packages;

(ii) the total quantity of dangerous goods covered by the declaration (gross weight);

(iii) net weight of explosive content of Class 1 dangerous goods (other than safety explosives);

(iv) the closed cup flashpoint if 61°C or below.

(4) Where the goods have been packed into a freight container or vehicle, the person responsible for packing the goods therein shall furnish the shipowner or master of the ship with a packing certificate. Such packing certificate shall be a declaration that the goods are, where Rule 8 of these Rules is applicable, properly packaged and have been securely packed and adequately braced as necessary in the freight container or vehicle for the intended voyage; the packing certificate shall also indicate that:

(i) the freight container or vehicle was clean, dry and appeared fit to receive the goods;

(ii) no incompatible substances have been packed within the freight container or vehicle except where this is permitted by these Rules;

(iii) where packages or receptacles have been packed into the freight container or vehicle, that they are in a sound condition;

(iv) labelling or other appropriate marking on the packages and freight container or vehicle complies with Rule 9 of these Rules.

(5) The master of a ship carrying dangerous goods shall cause a specific list, manifest or stowage plan to be carried in the ship, setting forth, in accordance with the information provided under the foregoing provisions of this Rule, details of the dangerous goods carried in the ship on the voyage on which she is currently engaged (including the correct technical name of the goods, their classification in the Blue Book or the IMDG Code, and their weight or quantity); such details shall be obtained from the shipping documents prepared by the shipper. Additionally the master shall cause details of the location in the ship where goods are stowed to be recorded. He shall also cause to be carried in the ship any additional special documents required for the acceptance of dangerous goods for carriage. All documents referred to in this paragraph shall be available on board the ship carrying those dangerous goods.

8. (1) Dangerous goods which are not loaded in bulk shall not be taken on board any ship to which these Rules apply for carriage in that ship if the owner of the ship or any of his servants or agents knows or ought to know that the goods are not packed in such a manner as to withstand the ordinary risks of handling and transport by sea, having regard to the properties of the goods.

(2) Subject to the provisions of paragraph (3) below:

(a) The packaging of dangerous goods, being goods which are not loaded in bulk, shall be:

(i) well made and in good condition;

(ii) of such a character that any interior surface with which the contents may come into contact is not dangerously affected by the substances being conveyed and does not react dangerously with it; and

(iii) if the dangerous goods are radioactive substances, adequate to allow a margin of safety sufficient in the circumstances to protect all persons on board the ship.

(b) Where absorbent or cushioning material is used in the packaging of a receptacle or receptacles containing liquids, that material shall be:

(i) capable of minimising the dangers to which the liquid gives rise;

(ii) so disposed as to prevent movement of the receptacle and ensure that the receptacle remains surrounded by such material.

(c) Where absorbent material is used it shall be in sufficient quantity where reasonably possible to absorb the liquid in the event of breakage of the receptacle;

(d) Receptacles containing dangerous liquids shall have an ullage at the filling temperature sufficient to allow for the highest temperature likely to be met during the course of normal carriage;

( e ) Cylinders or receptacles for gases under pressure shall be adequately constructed, tested, maintained and correctly filled.

(3) Where the goods:

( a ) have been packaged in accordance with the requirements of the Blue Book or, where there is no such requirement, the IMDG Code; or

( b ) are contained in a portable tank or road tank vehicle which is certified for such carriage under the provisions of Annex 1 or Annex 2 to the Blue Book, or Section 13 of the IMDG Code,

paragraphs (1) and (2) of this Rule shall be deemed to have been complied with.

(4) Before the goods are taken on board the ship the shipowner or master shall be furnished with a dangerous goods declaration by the shipper that the goods are packaged in accordance with the requirements of this Rule.

9. (1) Dangerous goods which are contained in a package shall not be taken on board a ship to which these Rules apply for carriage in that ship unless the following conditions are satisfied:

( a ) the package shall be clearly marked with the correct technical name of the goods and an indication of the nature of the danger to which the goods give rise;

( b ) where the goods are to be taken on board within the State or the territorial waters thereof, the above markings shall comply with the Blue Book or, in the absence of such requirements, those of the IMDG Code;

( c ) where the outer material of the package is such that it will survive at least three months' immersion in the sea, the marking shall be durable;

( d ) where the outer material of the package is such that it will not survive at least three months' immersion in the sea, any inner receptacles which will survive such immersion shall be durably marked with an indication of the nature of the danger to which the goods give rise, which indication may be given by any suitable means including (but no restricted to) an IMDG Code Class symbol of an appropriate size; provided that this requirement need not be complied with until six months after the date these Rules come into operation;

( e ) without prejudice to the above requirements, where the goods are contained in a freight container, vehicle, portable tank or tank container, the unit in which the goods are contained shall bear conspicuously on its exterior distinctive labels or other appropriate marking indicating the nature of the danger to which the goods give rise. Where the vehicle is a road tank vehicle, or the goods are contained in a portable tank or tank container, the label or marking shall in addition indicate the correct technical name of the goods;

( f ) where any road tank vehicle, tank container or portable tank of the kind described in sub-paragraph (e) containing such goods is to be taken on board within the State or the territorial waters thereof:

(i) the label or marking shall be that specified in the Blue Book or, in the absence of such specification, the IMDG Code class label or other marking required by the IMDG Code;

(ii) the label or marking shall be placed in accordance with the requirements of the Blue Book or, in the absence of such requirements, on each side and at each end of the container or tank or on each side and at the rear of the vehicle.

10. (1) Dangerous goods and any package containing dangerous goods, taken on board any ship to which these Rules apply for carriage in that ship, shall be stowed in the ship and shall be kept so stowed, with adequate ventilation where appropriate, in a manner which is a safe and proper manner of stowage for the goods having regard to the identity and dangerous properties indicated by the markings referred to in Rule 9 of these Rules.

(2) In the case of goods packed in a freight container or vehicle the goods shall be packed in the container or vehicle and shall be kept so packed in a manner which is a safe and proper manner of packing for the goods having regard to the identity and dangerous properties indicated by the markings referred to in Rule 9 of these Rules.

(3) Dangerous goods of different kinds which the owner of the ship of any of his servants or agents knows or ought to know are liable to interact dangerously in the quantities carried shall be effectively segregated and kept effectively segregated from one another.

(4) In any proceedings against an owner or master in respect of a failure to comply with the provisions of this Rule, it shall be a good defence to prove:

( a ) that the goods were stowed in accordance with the provisions of the Blue Book or, where there is no such provision, the IMDG Code; or

( b ) in the case of goods packed in a freight container or vehicle, that before the freight container or vehicle was taken on board the ship the person responsible for packing the goods into the container or vehicle had furnished the shipowner or master of the ship with a packing certificate certifying that the goods had been properly packed in the container or vehicle.

11. No explosives (other than safety explosives) which the owner of the ship or any of his servants or agents knows or ought to know present a serious risk when carried in a ship shall be taken on board any ship to which these Rules apply unless:

( a ) such explosives are stowed in a compartment in which any electrical apparatus and cables are so designed and used as to minimise the risk of fire or explosion; and

( b ) where Category II stowage is required by the IMDG Code such explosives are stowed in a magazine which shall be kept securely closed while the ship is at sea; and

( c ) detonators are effectively segregated from all other explosives.

12. (1) No explosives shall be taken on board or carried in any ship to which these Rules apply which is carrying more than 12 passengers except:

( a ) safety explosives;

( b ) any explosives the net weight of which does not exceed 10 kilogrammes;

( c ) distress signals for use in ships or aircraft, if the total weight of such signals does not exceed 1,000 kilogrammes;

( d ) fireworks which are unlikely to explode violently; provided that such fireworks shall not be carried in ships carrying unberthed passengers.

(2) Any distress signals, rockets or fireworks of a kind referred to in paragraph (1) above carried in any ship shall be stowed under the supervisoin of a person appointed for that purpose by the shipowner or master of the ship.

(3) No dangerous goods shall be taken on board or carried in any ship to which these Rules apply which is carrying more than 25 passengers, or more than one passenger per three metres of overall length, whichever is the greater number, for carriage in that ship if those goods are classified in the Blue Book as prohibited for carriage in a passenger ship or are specified in the Blue Book or, where there is no such specification, the IMDG Code for on deck stowage only and such stowage cannot be provided.

PART III.

13. The shipper shall furnish the shipowner or master of any ship to which these Rules apply with a notification in writing giving notice of the nature of any dangerous goods to be carried in bulk indicating the flashpoint of those liquids with a flashpoint at or below 60°C (closed cup).

14. Dangerous goods shall not be loaded in bulk into any ship to which these Rules apply for carriage in that ship if the owner of the ship or any of his servants or agents knows or ought to know that the goods cannot safely be carried in bulk to the destination to which they are consigned:

Provided that where those goods listed in Chapter VI of the IMO Bulk Dangerous Chemicals Code, or in Chapter XIX of the IMO Bulk Liquefied Gases Code for New Ships, or in Chapter XIX of the IMO Bulk Liquefied Gases Code for Existing Ships, or classified dangerous goods listed in Appendix B of the IMO Solid Bulk Cargoes Code, as appropriate, have been loaded in bulk in accordance with the recommendations of those Codes, the provisions of this Rule shall be deemed to have been complied with.

GIVEN under my Official Seal this 18th day of October, 1983.

JAMES MITCHELL,

Minister for Transport.

EXPLANATORY NOTE.

These Rules implement the provisions of the International Convention for the Safety of Life at Sea, 1974, relating to the carriage of dangerous goods.