S.I. No. 649/2005 - Merchant Shipping (Passenger Boat Manning) Regulations 2005

STATUTORY INSTRUMENTS

S.I. No. 649 of 2005

MERCHANT SHIPPING (PASSENGER BOAT MANNING) REGULATIONS 2005

Merchant Shipping (Passenger Boat Manning) Regulations 2005

I, Pat the Cope Gallagher, Minister of State at the Department of Communications, Marine and Natural Resources, in exercise of the powers conferred on me by section 18 (as inserted by section 47(1) of the Maritime Safety Act 2005 (No. 11 of 2005)) of the Merchant Shipping Act 1992 (No. 2 of 1992), as adapted by the Marine (Delegation of Ministerial Functions) (No. 2) Order 2005 ( S.I. No. 346 of 2005 ), hereby make the following regulations:

Citation and commencement

1.         (1)        These Regulations may be cited as the Merchant Shipping (Passenger Boat Manning) Regulations 2005.

(2)        These Regulations, with the exception of Regulation 3 (2), come into operation on 1 April 2006.

(3)        Regulation 3(2) comes into operation on 1 November 2005.

Interpretation

2.         In these Regulations, unless the context otherwise requires-

“body or organisation” means a body or organisation appointed by the Minister under Regulation 3 of these Regulations;

“certificate” means a certificate issued under Regulation 4(1) of these Regulations;

“commercial endorsement” means an endorsement issued under Regulation 4(2) of these Regulations;

“crew” means all persons, including the master, employed or engaged by the employer on board a boat;

“Marine Notice” means a notice described as such and issued by the Department of Communications, Marine and Natural Resources and which may be amended or replaced from time to time.

Application

3.         (1)        These Regulations apply to passenger boats of classes P1 to P6, which are less than 80 gross tons or less than 24 metres registered length, as described in Regulation 3 of the Merchant Shipping (Passenger Boat) Regulations 2002 ( S.I. No. 273 of 2002 ) and to the manning of such boats.

(2)        The Minister for Communications, Marine and Natural Resources may appoint one or more bodies or organisations for the purpose of issuing certificates and commercial endorsements under these Regulations, and a body or organisation so appointed shall be specified in a Marine Notice.

(3)        An appointed body or organisation which is satisfied that the person concerned is competent in that regard shall, on receipt of a completed application, issue a certificate and commercial endorsement.

(4)        The required certificates and commercial endorsements for the manning of different classes of passenger boats shall be specified in a Marine Notice.

Evidence of minimum qualifications to be carried on board

4.         (1)        A master of a passenger boat of a class to which these Regulations apply shall from 1 April 2006, hold a valid certificate, issued or recognised by an appointed body or organisation under Regulation 3(2) of these Regulations, for the appropriate class of passenger boat as detailed in a Marine Notice.

(2)        A master of a passenger boat of a class to which these Regulations apply shall from 1 April 2006, hold a commercial endorsement issued by an appointed body or organisation indicating that such body or organisation is satisfied that the standard specified in a Marine Notice as respects-

(a)  personal survival techniques,

(b)  first aid, and

(c)  medical fitness,

has been attained by the master concerned as respects the class of passenger boat concerned.

(3)        A commercial endorsement referred to in paragraph (2) of this Regulation shall be revalidated every 5 years. An applicant for such revalidation shall satisfy the body or organisation concerned that they have the necessary valid documentation, as outlined in a Marine Notice, for the category of commercial endorsement to be revalidated.

(4)        A passenger boat of a class to which these Regulations apply which is specifically designed to enable it to have a radio on board, and has a radio on board, shall have at least one person on board holding a Radio Operator's Certificate issued by the Commission for Communications Regulation, suitable for the radio equipment on board and suitable for the area of operation of the vessel.

Withdrawal of certificate

5.         An appointed body or organisation may, with the consent of the Minister for Communications, Marine and Natural Resources and having given notice of its intention to do so to the holder of the certificate, withdraw a certificate.

Responsibility of owner for safe manning of the passenger boat

6.         (1)        The owner of a passenger boat shall ensure that the master and, where necessary, the crew are holders of the certificates and commercial endorsements required by Regulation 4 of these Regulations and shall take all reasonable steps to ensure that such persons have recent and relevant experience of the passenger boat concerned (including any machinery on it) and experience of any activity in which a passenger or passengers on the boat might be expected to engage.

(2)        The owner of a passenger boat shall have regard to the nature and length of the voyage on which the boat is about to proceed and shall ensure that there are a sufficient number of crew members for the voyage.

Explanatory Note

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

These Regulations introduce competency requirements for masters of passenger boats. The Regulations will apply to passenger boats classes P1-P6 of less than 80 gross tons or less than 24m registered length as described in Regulation 3 of the Merchant Shipping (Passenger Boat) Regulations 2002.