S.I. No. 189/1984 - Merchant Shipping (Engine Room Watch Ratings) Regulations, 1984.

S.I. No. 189 of 1984.

MERCHANT SHIPPING (ENGINE ROOM WATCH RATINGS) REGULATIONS, 1984.

I, JAMES MITCHELL, Minister for Communications, in exercise of the powers conferred on me by section 12 of the Merchant Shipping Act, 1947 (No. 46 of 1947), section 3 of the Merchant Shipping (Certification of Seamen) Act, 1979 (No. 37 of 1979), and the Ministers and Secretaries (Amendment) Act, 1983 (No. 40 of 1983), hereby make the following Regulations:—

1. These Regulations may be cited as the Merchant Shipping (Engine Room Watch Ratings) Regulations, 1984, and shall come into operation on the 19th day of October, 1984.

2. In these Regulations:

"approved document" means a document approved of by the Minister;

"employer" means the person for the time being employing the master of a ship;

"fishing vessel" means a vessel which is for the time being employed in sea fishing or a Government fishery research vessel, but does not include a vessel used otherwise than for profit;

"Irish ship" has the meaning assigned to it by the Merchant Shipping Acts, 1894 to 1983;

"Marine Notice" means a Notice entitled "Marine Notice" issued by the Minister for Communications;

"the Minister" means the Minister for Communications;

"partially smooth waters" means the waters of any of the areas specified as being partially smooth waters during a particular period in column 3 of the Fifth Schedule to the Merchant Shipping (Passenger Ship Construction) Rules, 1983 ( S.I. No. 300 of 1983 );

"pleasure craft" means a vessel primarily used for sport or recreation;

"qualified engine room watch rating" means a rating who is qualified in accordance with Regulation 5 of these Regulations;

"qualified officer" means an officer in the engine department of a ship who is qualified for the purpose of section 3 of the Merchant Shipping (Certification of Seamen) Act, 1979 (No. 37 of 1979);

"rating" means a member of the ship's crew other than the master or a qualified officer;

"registered power" means, in relation to a ship, the brake or shaft power specified in the ship's certificate of registry, that is to say, the total continuous rated brake or shaft power of all the propulsion engines, irrespective of whether some of the power may be diverted from the propulsion shafts or whether or not all of the power is normally used;

"smooth waters" means any waters not being the sea or partially smooth waters and in particular means waters of any of the areas specified in column 2 of the Fifth Schedule to the Merchant Shipping (Passenger Ship Construction) Rules, 1983 ( S.I. No. 300 of 1983 );

"specified by the Minister" means specified in a Marine Notice.

3. (1) Subject to paragraph (2) of this Regulation, these Regulations apply to all Irish ships having registered power of 750KW or more, being ships which go to sea beyond the limits of smooth or partially smooth waters, other than fishing vessels and pleasure craft.

(2) Notwithstanding the provisions of paragraph (1) of this Regulation, in respect of ships operating between locations in such areas as may be specified in a Marine Notice, the Minister may, in exceptional circumstances, grant exemptions from all or any of the provisions of these Regulations on such terms as he may think fit and specify in the instrument granting the exemption: Provided that the exemption does not cause danger to persons, property or the environment and does not discriminate unfairly between persons or classes of persons, ships or classes of ships.

4. (1) It shall be the duty of an employer to ensure that any ship to which these Regulations apply carries sufficient qualified engine room watch ratings to enable the master and chief engineer officer to perform their duties and to comply with paragraph (2) of this Regulation.

(2) Neither the master nor the chief engineer officer shall permit a rating who is not qualified in accordance with Regulation 5 of these Regulations to form part of an engine room watch:

Provided that nothing in this Regulation shall prohibit the participation of ratings in engine room watchkeeping duties as part of their training under the supervision of a qualified officer or engine room watch rating.

5. In order to be qualified as an engine room watch rating for the purposes of these Regulations, a person shall have attained the age of 16 years and be the holder of a valid approved document issued by a person specified by the Minister certifying that the rating has complied with the training and service requirements specified by the Minister.

GIVEN under my Official Seal, this 19th day of July, 1984.

JAMES MITCHELL,

Minister for Communications.

EXPLANATORY NOTE.

These Regulations give effect in part to Regulation III/6 of Chapter III of the International Convention on Standards of Training, Certification and Watchkeeping for Seafarers (1978).

The Regulations provide that only ratings who are qualified in accordance with the Regulations, or ratings whose duties while on watch are of an unskilled nature, may form part of an engine room watch on certain sea-going Irish registered ships having registered power of 750KW or more, other than fishing vessels and pleasure craft. Other ratings may participate in engine room watchkeeping duties only as part of their training under the supervision of a qualified engineer officer or engine room watch rating (Regulation 4 (2)).

The necessary qualification is to be the holder of a valid certificate certifying that the holder has complied with the specified requirements (Regulation 5). The detailed requirements for the issue of such a certificate are specified by the Minister in Marine Notice No. 17 of 1984 which may be amended or replaced from time to time. Marine Notices can be obtained from the Department of Communications, Marine Division 1, Apollo House, Tara Street, Dublin 2.