S.I. No. 316/1983 - Merchant Shipping (Musters) Rules 1983.

S.I. No. 316 of 1983.

MERCHANT SHIPPING (MUSTERS) RULES 1983.

I, JAMES MITCHELL, Minister for Transport, in exercise of the powers conferred on me by section 427 of the Merchant Shipping Act, 1894 (inserted by section 11 of the Merchant Shipping (Safety Convention) Act, 1952 (No. 29 of 1952)), as amended by section 10 of the Merchant Shipping Act, 1966 (No. 20 of 1966), 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:

1. These Rules may be cited as the Merchant Shipping (Musters) Rules, 1983 and shall come into operation on the 1st day of December, 1983.

2. The Interpretation Act, 1937 (No. 38 of 1937), applies to these Rules.

3. (1) In these Rules:

"fishing vessel" means a mechanically propelled sea-going fishing vessel registered in the State under Part I or entered in the fishing boat register under Part IV of the Merchant Shipping Act, 1894;

"international voyage" means a voyage from a port in one country to a port in another country;

"muster" includes a boat-drill and a fire-drill;

(2) The Merchant Shipping (Musters) Rules, 1967 ( S.I. No. 106 of 1967 ) are hereby revoked.

4. These Rules apply in relation to:—

( a ) sea-going ships registered in the State; and

( b ) other sea-going ships while they are within the State or the territorial waters thereof:

Provided that these Rules shall not apply to a ship by reason of her being within a port in the State or within the territorial waters thereof if she would not have been in any such port or waters but for stress of weather or any other circumstance that neither the master nor the owner nor the charterer (if any) of the ship could have prevented.

5. For the purposes of these Rules the ships to which these Rules apply shall be arranged in the same classes in which ships are arranged for the purposes of the Merchant Shipping (Life-Saving Appliances) Rules 1983 ( S.I. No. 302 of 1983 ) and any reference in these Rules to a ship of any class shall be construed accordingly.

6. (1) The master of every ship of Classes I, II, II(A), III, VII, VII (A), VII (T), VIII and VIII (T) shall prepare and maintain a muster list showing in respect of each member of the crew the special duties which are allotted to him and the station or stations to which he shall go in the event of an emergency (hereinafter referred to as "emergency stations"). The muster list, in respect of passenger ships (Classes I, II, II (A) and III), shall be in a form approved by the Minister.

(2) The master shall ensure that the muster list shall specify particular signals, to be made on the ship's whistle or siren and on any other audible alarm system (if fitted) calling all the crew to their emergency stations. In respect of ships of Class I the signal required by Rule 8 (2) of these Rules shall be specified in the muster list. In ships of Class I, II, II (A) and III and in ships of 45.7 metres in length or over of Classes VII, VII (A), VII (T), VIII and VIII (T) such signals shall be supplemented by other means of warning which shall be electrically operated. All signals shall be capable of being operated from the bridge: The muster list shall also specify the means of indicating when the ship is to be abandoned.

(3) The muster list shall show the duties assigned to the different members of the crew in connection with:—

( a ) the closing of the watertight doors, fire doors, sidescuttles, valves and closing mechanism of scuppers; and ash-shoots and other similar openings in the ship's side;

( b ) the equipping of the boats and the other life-saving appliances, including the portable radio apparatus for survival craft;

( c ) the launching of the boats and liferafts attached to davits or to other launching appliances;

( d ) general preparations of any other boats and other life-saving appliances;

( e ) the muster of the passengers (if any);

( f ) the extinction of fire, having regard to the ship's fire control plans;

( g ) the manning of the fire parties assigned to deal with fires; and

( h ) the special duties assigned in respect of the operation of fire-fighting equipment and installations.

(4) The duty of seeing that the boats and other life-saving appliances are at all times ready for use shall be specified in the muster list as the duty of one or more officers.

(5) The muster list shall show the several duties assigned to the members of the catering department in relation to the passengers at a time of emergency.

These duties shall include—

( a ) warning the passengers;

( b ) seeing that the passengers are suitably clad and have put on their life-jackets in a proper manner;

( c ) assembling the passengers at muster stations;

( d ) keeping order in the passages and on the stairways and generally controlling the movements of the passengers; and

( e ) ensuring that a supply of blankets (if carried) is taken to the lifeboats.

(6) The muster list shall be prepared, or, if a new list is not necessary, revised before the ship proceeds to sea, and shall be dated and signed by the master.

(7) If, after the muster list has been prepared, any change takes place in the crew which necessitates an alteration in the muster list, the master shall either revise the list or prepare a new list.

(8) The master shall ensure that copies of the muster list shall be posted in several parts of the ship, and in particular in the crew's quarters, before the ship proceeds to sea and shall be kept so posted while the ship is at sea.

7. (1) The master shall ensure that in ships of Class I a muster of the crew shall be held before the ship leaves the final port of departure on an international voyage. The master shall ensure that a muster of passengers, embarked at any port, shall be held within 24 hours of leaving that port. If more than 25 per cent. of the crew have been replaced at any port, a muster of the crew shall take place within 24 hours of leaving that port.

(2) The master shall ensure that in ships of Classes I, II, II (A) and III, musters of the crew shall take place at intervals of not more than seven days, when practicable, to ensure that the crew understand and are drilled in the duties assigned to them in the event of an emergency.

(3) The master shall ensure that in ships of Classes VII, VII (A), VII (T), VIII, VIII (A), VIII (T), IX and in ships of Class X of 24 metres in length or over and in ships of Class XI which proceed on an international voyage, musters of the crew shall take place at intervals of not more than 14 days, and if more than 25 per cent. of the crew have been replaced at any port, one of such musters shall take place within 24 hours of leaving that port. Boat equipment shall be examined at intervals of not more than one month to ensure that it is complete and in good order. In all other ships of Classes X and XI the master shall ensure that the crew understand the use of the life-saving equipment and fire appliances on board and know where they are kept.

(4) The master shall ensure that different groups of boats shall be used in turn at successive boat drills so that every lifeboat shall be swung out at least once a month and, if practicable and reasonable, lowered at least once every four months. The musters and inspections shall be so arranged that the crew thoroughly understand and are practised in the duties they have to perform, the arrangements and facilities of the ship and any equipment they may be called upon to use, and that all life-saving appliances and fire appliances (with the gear appertaining to them) are always ready for immediate use.

(5) The master shall ensure that the crew are properly instructed in the handling and operation of the liferafts on board, including davit launched liferafts if carried.

(6) ( a ) The following matters shall be recorded by the master in the official logbook:

(i) upon each occasion on which, in accordance with these Rules a muster or training and drills in fire-fighting are held on board the ship or on which the appliances and equipment required by the Merchant Shipping (Life-Saving Appliances) Rules, 1983 to be carried are examined to see whether they are fit and ready for use:

( aa ) a record of the date upon which the musters are held;

( bb ) details of training and drills in fire-fighting carried out on board;

( cc ) a record of the occasions on which lifeboats are swung out and lowered;

( dd ) on cargo ships, a report of the examination of the boat's equipment;

(ii) upon each occasion on which a muster is not held or only a part muster is held on board the ship when a muster is required by these Rules:

( aa ) a record of why the muster was not so held; or

( bb ) where a part muster is held, a record of the extent of the muster held.

( b ) In ships not required to keep an official logbook, a record of each matter specified in sub-paragraph (a) shall be made by the master or person responsible for maintaining such records and be retained on board for a period of not less than 12 months.

8. (1) The master shall ensure that muster stations for all passengers shall be appointed for the event of an emergency and the position of those stations and the meaning of all emergency signals affecting passengers, with precise instructions as to what they are to do, shall be clearly stated in such languages as are appropriate on cards posted in their cabins and in conspicuous places in other passenger quarters.

(2) The emergency signal for summoning passengers to the muster stations shall be a succession of seven or more short blasts followed by one long blast on the whistle or siren. In ships of Class I this signal shall be supplemented by other means audible throughout the ship and which shall be electrically operated and capable of being operated from the bridge. The master shall ensure that these other means are used when summoning passengers to muster stations.

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 boat drills and fire drills on ships.