S.I. No. 149/2021 - Merchant Shipping (Carriage of Nautical Charts and Publications) Regulations 2021

Notice of the making of this Statutory Instrument was published in

“Iris Oifigiúil” of 2nd April, 2021.

I, HILDEGARDE NAUGHTON, Minister of State at the Department of Transport, in exercise of the powers conferred on me by section 34 of the Maritime Safety Act 2005 (No. 11 of 2005) (as adapted by the Transport, Tourism and Sport (Alteration of Name of Department and Title of Minister) Order 2020 ( S.I. No. 351 of 2020 )) and the Transport (Delegation of Ministerial Functions) Order 2020 ( S.I. No. 759 of 2020 ), hereby make the following regulations:

Citation

1. These Regulations may be cited as the Merchant Shipping (Carriage of Nautical Charts and Publications) Regulations 2021.

Definitions

2. In these Regulations –

“ECDIS” means an Electronic Chart Display and Information System, being a navigation information system which, with adequate back up arrangements, can be accepted as complying with the up-to-date chart required by Regulation V/19 and V/27 of the 1974 SOLAS Convention, by displaying selected information from navigation sensors to assist a mariner in route planning and route monitoring, and by displaying additional navigation-related information if required;

“Illustrated Table of Life Saving Signals” means the Illustrated Table of Life Saving Signals set out in Chapter V, Regulation 29 of the 1974 SOLAS Convention;

“MSO” means the Marine Survey Office of the Department of Transport.

Application

3. (1) These Regulations (other than as provided for in paragraph (2)) apply to -

(a) Irish ships, other than –

(i) warships, naval auxiliaries and other ships owned or operated by the State and used for non-commercial service,

(ii) those which are less than 12 metres in length,

and

(iii) fishing vessels less than 24 metres in length,

and

(b) other vessels, which are not Irish ships, while they are in Irish waters.

(2) Regulations 4(2) and 9 apply to –

(a) vessels which are less than 12 metres in length, and

(b) fishing vessels less than 24 metres in length.

Specification of charts, nautical directions and information and other nautical publications

4. (1) The following charts, nautical directions and information and other nautical publications are specified as necessary or expedient for the safe operation of vessels referred to in Regulation 3(1), namely –

(a) in relation to a vessel to which Regulation 7 applies -

(i) the charts described in Regulation 5, and

(ii) the nautical directions and information and other nautical publications mentioned in Regulation 6, and

(b) in relation to a vessel to which Regulation 8 applies -

(i) the charts described in Regulation 5, and

(ii) the nautical publications mentioned in Regulation 8(1)(b).

(2) The Illustrated Table of Life Saving Signals are specified as necessary or expedient for the safe operation of vessels referred to in Regulation 3(2).

Charts

5. The charts referred to in Regulation 4(1)(a)(i) and (b)(i) are those -

(a) which are of such a scale and which contain sufficient detail as clearly to show—

(i) all navigational marks which may be used by a ship when navigating the waters which are comprised in the chart,

(ii) all known dangers affecting those waters,

(iii) information concerning any traffic separation schemes, two-way routes, recommended tracks, inshore traffic zones and deep-water routes applicable to those waters and are as therein which are to be avoided, and

(b) which, in all cases, are of the latest obtainable edition and have been corrected and kept up to date from the latest relevant obtainable Notices to Mariners and Radio Navigational Warnings.

Nautical directions and information and other nautical publications

6. The nautical directions and information and other nautical publications referred to in Regulation 4(1)(a)(ii) are such as is contained in the publications mentioned in the Schedule, which are obtainable from the publishers specified for the time being by the MSO as being publishers which provide publications of the latest obtainable edition and which incorporate the latest relevant supplements and, in the case of any such publication which is published otherwise than by a publisher specified by the MSO, is of equivalent standard and content.

Carriage on board of charts and nautical publications on voyages beyond 5 nautical miles

7. A vessel referred to in Regulation 3(1) which goes to sea or intends to go to sea, beyond a distance of 5 nautical miles from any coastline, shall carry on board, in a place readily available to the officer of the watch, at least—

(a) one copy of a chart which complies with the requirements described in Regulation 5, being a chart, which is appropriate for each part of the intended voyage or an ECDIS, and

(b) one copy of each of the publications mentioned in the Schedule.

Carriage on board of charts and nautical publications on voyages not going beyond 5 nautical miles

8. (1) A vessel referred to in Regulation 3(1) which does not intend to go out to sea beyond a distance of 5 nautical miles from any coastline shall carry on board, in a place readily available to the officer of the watch, at least—

(a) one copy of a chart which complies with the requirements described in Regulation 5, being a chart, which is appropriate for each part of the intended voyage or an ECDIS, and

(b) one copy of each of the following publications, which are obtainable from the publishers specified for the time being by the MSO as being publishers which provide publications of the latest obtainable edition and which incorporate the latest relevant supplements and, in the case of any such publication which is published otherwise than by a publisher specified by the MSO, is of equivalent standard and content, namely -

(i) the International Code of Signals as currently maintained by the International Maritime Organisation,

(ii) Illustrated Table of Life Saving Signals,

(iii) Admiralty Lists of Radio Signals,

(iv) tide tables for the locality concerned, and

(v) Volume III of the International Aeronautical and Maritime Search and Rescue (IAMSAR) Manual.

(2) Regulation 7 does not apply to a vessel referred to in paragraph (1) which voyages beyond the distance referred to in that paragraph unintentionally or through adverse weather conditions or saving life at sea.

Life Saving Signals Table to be carried on board small fishing vessels and other small vessels

9. A vessel to which Regulation 4(2) applies which goes out to sea or attempts to go out to sea shall carry on board, in a place readily available to the officer of the watch, one copy of the most up-to-date version of an Illustrated Table of Life Saving Signals.

Revocation

10. The Merchant Shipping (Carriage of Nautical Publications) Regulations 1985 ( S.I. No. 282 of 1985 ) are revoked.

Regulation 6

Schedule

Publications, Nautical Directions and Information

(a) the International Code of Signals as currently maintained by the International Maritime Organisation.

(b) Illustrated Table of Life Saving Signals.

(c) Marine Notices.

(d) Mariners Handbook.

(e) Notices to Mariners.

(f) Nautical Almanac.

(g) Navigational Tables.

(h) Admiralty Lists of Radio Signals.

(i) Lists of Lights.

(j) Sailing Directions.

(k) Tide Tables.

(l) Tidal Stream Atlases.

(m) Operating and Maintenance instructions for navigational aids carried by the vessel.

(n) Volume III of the International Aeronautical and Maritime Search and Rescue (IAMSAR) manual.

GIVEN under my hand,

30 March 2021

HILDEGARDE NAUGHTON,

Minister of State at the Department of Transport

EXPLANATORY NOTE

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

These Regulations implement elements of Chapter V of the International Convention for the Safety of Life at Sea (SOLAS) 1974 relating to the carriage of nautical charts and publications.

In particular, these Regulations require Irish registered ships, including fishing vessels, to carry charts containing sufficient detail to show navigational marks, known dangers and other specified information which is appropriate for each part of the intended voyage. Ships are also required to carry specified published nautical publications and information. All such charts and publications are to be carried on the ship in a place readily available to the officer of the watch. The requirements do not apply to Irish registered ships less than 12 metres in length and to Irish registered fishing vessels less than 24 metres in length. The Regulations apply to non-Irish ships while they are within Irish waters.

All ships, including ships less than 12 metres in length and fishing vessels less than 24 metres in length, must carry an Illustrated Table of Life Saving Signals.

The Regulations revoke the Merchant Shipping (Carriage of Nautical Publications) Regulations, 1985.