I, BRENDAN DALY, Minister for the Marine, in exercise of the powers conferred on me by section 12 of the Merchant Shipping Act, 1947 (No. 46 of 1947), sections 3 and 8 of the Merchant Shipping (Certification of Seamen) Act, 1979 (No. 37 of 1979), and the Communications (Transfer of Departmental Administration and Ministerial Functions), Order, 1987 ( S.I. No. 91 of 1987 ), hereby make the following Regulations:

PART I PRELIMINARY AND GENERAL

1 Citation, Commencement and Revocation.

1. (1) These Regulations may be cited as the Merchant Shipping (Certification of Marine Engineer Officers and Marine Engine Operators) Regulations, 1988, and shall come into operation on the 1st day of March, 1989.

(2) The Merchant Shipping (Certification of Marine Engineer Officers) Regulations, 1981 ( S.I. No. 12 of 1981 ) are hereby revoked.

(3) These Regulations apply to, or in relation to, any certificate issued under any Regulations revoked by these Regulations, as they apply to, or in relation to, a certificate issued under these Regulations.

(4) Any certificate (including a certificate of service) issued under the Regulations revoked by these Regulations, and in force immediately before the coming into operation of these Regulations shall, subject to such certificate not being suspended or cancelled, remain in force and, except in the case of a certificate of service shall have effect for the purposes of these Regulations as if it had been issued under the corresponding provision thereof:

Provided that such certificate which is expressed to remain in force for a definite period shall remain in force, unless it is renewed, only until the expiration of that period.

2 Interpretation.

2. (1) In these Regulations, except where the context otherwise requires:

"the Act of 1894" means the Merchant Shipping Act, 1894;

"the Act of 1979" means the Merchant Shipping (Certification of Seamen) Act, 1979 (No. 37 of 1979);

"certificate of competency" means a certificate of competency as an engineer officer granted in accordance with these Regulations;

"certificate of qualification" means a certificate of qualification as a marine engine operator granted in accordance with these Regulations;

"certificate of service (engineer officer)" means a certificate of service (engineer officer) granted under the Regulations revoked by these Regulations;

"service endorsement" means a service endorsement endorsed on a certificate of competency by virtue of these Regulations;

"examination" means an examination for a certificate of competency conducted by an examiner appointed for that purpose by the Minister;

"fishing boat" has the same meaning as in section 370 of the Act of 1894;

"GRT", in relation to a ship, means the gross registered tonnage which shall be:

( a ) in the case of a ship to which Part II and Regulation 16 of the Merchant Shipping (Tonnage) Regulations, 1984 ( S.I. No. 369 of 1984 ), applies, the gross tonnage as ascertained in accordance with paragraph (1) of the said Regulation 16, and

( b ) in the case of any other ship, the gross registered tonnage or, where a ship has alternative gross tonnages, the gross tonnage which is the larger of those tonnages;

"IMO" means the International Maritime Organisation;

"length", in relation to a vessel, has the same meaning as it has in the Merchant Shipping (Tonnage) Regulations, 1984 ( S.I. No. 369 of 1984 );

"liquefied gases" means any liquefied gas listed in Chapter XIX of the 1976 edition of the IMO publication entitled "Code for the Construction and Equipment of Ships carrying Liquefied Gases in Bulk";

"liquefied chemicals" means any liquefied chemical listed in Chapter IV of the 1980 edition of the IMO publication entitled "Code for the Construction and Equipment of Ships carrying Dangerous Chemicals in Bulk";

"location" includes any off-shore installation, any other installation (whether floating or resting on the sea bed or the sub-soil thereof), or any location at sea defined by reference to its latitude and longitude;

"Marine Notice" means a notice so described and issued by the Department of the Marine;

"the Minister" means the Minister for the Marine;

"partially smooth waters" means as respects any period, weather or ship specified in the Twenty-Second Schedule to the Merchant Shipping (Life-Saving Appliances) Rules, 1983 ( S.I. No. 302 of 1983 ), the waters of any areas specified in Column 3 of that Schedule in relation to that period, weather or ship;

"petroleum products" means the following substances produced directly or indirectly from crude oil—fuels, lubricants, bitumen, wax, industrial spirits and any wide-range substance, that is to say, a substance whose final boiling point at normal atmospheric pressure is more than 50 degrees celsius higher than its initial boiling point, but does not include any such substances which are "liquefied gases";

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

"proper officer" means an Irish Consul, a Superintendent of the Mercantile Marine Office or any officer in a port in the State exercising the functions of such a Superintendent;

"qualified marine engineer officer" means an officer of the engineering department of a ship who is qualified under Regulation 4 (2) of these Regulations;

"qualified marine engine operator" means a person who is the holder of a certificate of qualification (marine engine operator) under Regulation 11 (2) of these Regulations;

"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 the power is normally used;

"sail training ship" means a ship of 80 GRT or over, or of 24 metres in length or over, which is equipped to be propelled by sail (whether or not provided with a propulsion engine) and which carries to sea (in addition to the trained crew) persons under training or instruction;

"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 Twenty-Second Schedule to the Merchant Shipping (Life-Saving Appliances) Rules, 1983 ( S.I. No. 302 of 1983 );

"specified by the Minister" means specified by or at the direction of the Minister in the Department of the Marine publication entitled "Directions as to the Examination of Engineer Officers and Marine Engine Operators under the Merchant Shipping Acts" or in a Marine Notice;

"trading area" means as area specified in the Second Schedule to these Regulations; and any reference in these Regulations to a voyage to, from, or between locations in a trading area shall be construed as including a reference to a voyage to, from, or to and from, such a location or between such locations in the particular trading area or areas referred to, and "Near Continental Trading Area", "Middle Trade Trading Area", and "Unlimited Trading Area" shall be construed in accordance with that Schedule.

(2) In these Regulations—

( a ) references to a certificate of a numbered class are references to a certificate of the class which bears that number as indicated in Regulation 5 (1) (a) of these Regulations;

( b ) references to a certificate with a service endorsement shall be construed in accordance with Regulation 8 of these Regulations.

3 Application.

3. (1) These Regulations shall apply to—

( a ) Ship (including sail training ships but excluding fishing boats and pleasure craft) registered in the State which have a registered power of 350 kilowatts or more and which go to sea beyond the limits of smooth or partially smooth waters, and

( b ) ships (including sail training ships but excluding fishing boats and pleasure craft) registered outside the State which have a registered power of 350 kilowatts or more, which go to sea beyond the limits of smooth or partially smooth waters and which carry passengers between places in the State, or on a voyage which begins and ends at the same place in the State, and on which voyage the ships call at no place outside the State.

(2) In respect of ships operating to, from, or between locations in such closely defined limits as may be specified in a Marine Notice, the Minister may grant exemptions from all or any of the provisions of these Regulations (as may be specified in the exemption) for classes of cases or individual cases on such terms as he may so specify and may, subject to giving reasonable notice, alter or cancel any such exemption.

PART IICERTIFICATION OF MARINE ENGINEER OFFICERS

4 Manning of Ships.

4. (1) Every ship to which these Regulations apply shall carry such number of qualified marine engineer officers as is required by Part IV of these Regulations.

(2) For the purposes of these Regulations, an engineer officer shall be qualified if he is the holder for the time being of a certificate of competency issued under these Regulations or of a certificate which is to be treated as equivalent to such a certificate by virtue of Regulation 6 of these Regulations, and, at the material time, any such certificate is in force in relation to the person named in it and is of a class appropriate to the engineer officer's capacity in the ship.

5 Classes of Certificates.

5. (1) (a) Certificates of competency shall be issued in accordance with these Regulations, of the following classes:

Certificate of Competency (Marine Engineer Officer) Class 1;

Certificate of Competency (Marine Engineer Officer) Class 2;

Certificate of Competency (Marine Engineer Officer) Class 3;

Certificate of Competency (Marine Engineer Officer) Class 4.

( b ) Certificates of competency of Class 1, 2 or 4 shall be issued for motor or steam machinery or for combined motor and steam machinery.

( c ) Class 3 certificates shall be issued for motor machinery only.

(2) Service endorsements shall be issued in accordance with these Regulations in respect of certificates of competency of Class 2, 3 or 4 for the appropriate description of ship set out in column (2) of the Table to Regulation 8 of these Regulations.

(3) For the purposes of these Regulations, a certificate of competency of a class set out in the list in paragraph (1) (a) of this Regulation with or without a service endorsement (pursuant to Regulation 8 of these Regulations) shall be treated as being a certificate of a higher class than a certificate of any class which is set out after it in that list with or without a service endorsement, if the higher class certificate is issued for the same type of machinery, whether motor or steam, as the lower class certificate.

6 Endorsement.

6. (1) ( a ) Subject to paragraph (b) of this paragraph, a certificate of competency as engineer granted under section 93 of the Act of 1894 shall be treated as equivalent to a certificate of competency issued under these Regulations.

( b ) A certificate of competency of a class mentioned in column (1) of the Table to this Regulation shall be treated as equivalent to a certificate of competency issued under these Regulations of the class set out in column (2) of that Table opposite the mention in column (1).

( c ) A certificate of competency granted under section 93 of the Act of 1894 to which has been added by the Minister a certificate of service (engineer officer) under the Regulations revoked by these Regulations shall be treated as equivalent to a certificate of competency of the appropriate class issued under these Regulations as marine engineer officer in respect of the same type of machinery as that for which the certificate of service was issued, subject to any limitation of trade or type of ship which may be endorsed on that certificate in any particular case.

( d ) A certificate of service (marine engineer officer) issued under the Regulations revoked by these Regulations shall be treated as equivalent to a certificate of competency in the capacity for which the candidate has proved entitlement.

TABLE

(1)	(2)
Class of 1894 Certificate	Equivalent class of certificate of competency issued under these Regulations.
First Class Engineer	Marine Engineer Officer Class 1
Second Class Engineer	Marine Engineer Officer Class 2 with a service endorsement.

(2) ( a ) The Minister may specify that the standard of competency to be attained by engineer officers of any description may be the standard of competency required for the issue of a certificate of competency by an authority empowered in that behalf by the laws of another country and that a certificate issued by any such authority shall be treated as evidence of the attainment of the standard required for the issue of a specified class of certificate under these Regulations.

( b ) Any certificate issued by any such authority of another country to any such engineer officer which is expressed to remain in force for a definite period shall remain in force, unless renewed, only until the expiration of that period.

7 Conditions Applicable to the Issue of Certificates.

7. (1) Subject to paragraph (2) of this Regulation

( a ) the standards of competency to be attained and the conditions to be satisfied by a person before he may be issued with a certificate of competency, or a certificate of competency with a service endorsement, under these Regulations, including any exceptions applicable with respect to any such standards or conditions,

( b ) the manner in which the attainment of any such standards or the satisfaction of any such condition is to be evidenced, and

( c ) the conduct of any examinations for that purpose, the conditions of admission to them, and, subject to the consent of the Minister for Finance, the appointment and remuneration of examiners,

shall be such as may be specified by the Minister, either in relation to certificates of competency or certificates of competency with a service endorsement in general, or to either of such certificates of a particular class as may be so specified.

(2) Notwithstanding that an applicant for a certificate of competency or a service endorsement complies with the standards or fulfils the conditions specified by, or by virtue of, this Regulation, the Minister shall not issue the certificate applied for unless he is satisfied, having regard to all the relevant circumstances, that the applicant is a fit person to be the holder of a certificate and to act competently in the post to which it relates.

8 Endorsement.

8. Where a person is the holder of a certificate of competency of a class set out in column (1) of the Table to this Regulation, the Minister may, if he is satisfied that that person is competent to be carried as Chief Engineer in a ship of the description specified in column (2) of that Table in relation to that class, endorse the certificate to that effect as a certificate of competency with the service endorsement of Chief Engineer Officer.

TABLE

(1)	(2)
Class of Certificate of Competency	Description of ship
Class 2	In ships of 1,500 or more but under 3,000 kilowatt registered power going to, from, or between any locations.
	In ships of 3,000 or more but under 6,000 kilowatt registered power going between locations in the Near Continental Trading Area.
Class 3	In ships of 750 or more but under 3,000 kilowatt registered power going to, from, or between locations in the Middle Trade Trading Area. In ships of 1,500 or more but under 3,000 kilowatt registered power going between locations in the Near Continental Trading Area.
Class 4	In ships of 350 or more but under 750 kilowatt registered power going to, from or between any locations.
	In ships of 750 or more but under 1,500 kilowatt registered power going between locations in the Near Continental Trading Area.

9 Form, Validity, Record and Surrender of Certificates.

9. (1) ( a ) Certificates of Competency shall be issued in duplicate, on payment of any appropriate fee, the original to be delivered to the person entitled to the certificate and the duplicate to be retained by the Minister.

( b ) Such a certificate shall remain valid for seagoing service only so long as the holder can comply with standards and conditions as to medical fitness and competency to act in the appropriate capacity specified by the Minister.

(2) A record of all certificates of competency issued under these Regulations and of all certificates of competency issued under these Regulations and of all certificates of service (engineer officer) and of the suspension, cancellation or alteration of, and any other matters affecting, any such certificate shall be kept in such manner as the Minister may require by such person as the Minister may direct.

(3) Where the holder of a certificate of competency of a particular class issued under these Regulations is issued with such a certificate of a higher class, he shall surrender the firstmentioned certificate to the Minister, or to such person as the Minister directs, for cancellation.

(4) Where a certificate of competency has been obtained for the purpose of these Regulations and a person is convicted of an offence under section 3(3) of the Act of 1979 in respect of the certificate so obtained, then the holder of that certificate shall, at the direction of the Minister, deliver the certificate to the Minister, or to such other person as the Minister may direct for cancellation.

(5) Where a certificate of competency is issued under these Regulations and the requirements for its issue as prescribed in these Regulations or as specified by the Minister have not been complied with, then the holder of the certificate shall, at the direction of the Minister, deliver the certificate to the Minister, or to such person as the Minister directs, for cancellation.

10 Loss of Certificate.

10. (1) If a person entitled to a certificate of competency or a certificate of service (engineer officer) proves to the satisfaction of the Minister, that he has, without fault on his part, lost or been deprived of a certificate already issued to him, the Minister shall, and, where he is not so satisfied may, on payment of such fee (if any) as he may require, cause a copy of the certificate, to which the person appears to be entitled to hold, to be issued to such person.

(2) Any such copy shall, before it is so issued, be certified as such by such person as the Minister may have directed to keep the record referred to in Regulation 9 (2) of these Regulations.

PART IIICERTIFICATION OF MARINE ENGINE OPERATORS

11 Qualified Marine Engine Operators and Classes of Certificate.

11. (1) Every ship to which these Regulations apply shall carry such number of Qualified Marine Engine Operators as is required by Part IV of these Regulations.

(2) For the purposes of these Regulations, a Marine Engine Operator shall be qualified if he is the holder for the time being of a certificate of qualification issued under this Part of these Regulations, and, at the material time, any such certificate is in force in relation to that person named in it and is of a class appropriate to the holder's capacity in the ship.

12 Certificates of Qualification for Marine Engine Operators.

12. (1) ( a ) Certificates of qualification shall be issued in accordance with these Regulations as follows:

Certificate of Qualification (Senior Marine Engine Operator)

Certificate of Qualification (Marine Engine Operator).

( b ) Certificates of qualification will be issued to Marine Engine Operators for motor machinery only.

(2) A certificate of competency of a class set out in paragraph (1) (a) of Regulation 5 of these Regulations shall be treated as being of a higher class than the certificates of qualification set out in paragraph (1) (a) of this Regulation and the certificate of qualification (senior marine engine operator) shall be treated as being of a higher class than the certificate of qualification (marine engine operator).

13 Addition of Certificate of Qualification to Certificate of Competency (Deck Officer).

13. (1) For the purposes of these Regulations the holder of a Certificate of Competency granted under the Merchant Shipping (Certification of Deck Officers) Regulations, 1988 ( S.I. No. 368 of 1988 ), or under section 93 of the Act of 1894 may apply to the Minister to have added to his certificate a certificate of qualification (Senior Marine Engine Operator) of (Marine Engine Operator).

(2) The standards and conditions which apply to the addition of a certificate of qualification (marine engine operator) to a certificate of competency (Deck Officer) shall be the same as those which apply to the issue of such certificates (marine engine operator) as set out in Regulation 14 of these Regulations.

14 Conditions Applicable to the Issue of Certificates of Qualification.

14. (1) Subject to paragraph (2) of this Regulation:

( a ) the standards of competency to be attained and the conditions to be satisfied by a person before he may be issued with a certificate of qualification as a Marine Engine Operator under these Regulations, including any exceptions applicable with respect to any such standards or conditions,

( b ) the manner in which the attainment of any such standards or the satisfaction of any such conditions is to be evidenced, and

( c ) the conduct of any examinations for that purpose and the conditions of admission to them, and, subject to the consent of the Minister for Finance, the appointment and remuneration of examiners,

shall be such as may be specified by the Minister in relation to a certificate of qualification (Marine Engine Operator) or a certificate of qualification (Senior Marine Engine Operator).

(2) Notwithstanding that an applicant for a certificate of qualification (Marine Engine Operator), or the holder of a certificate of competency (deck officer) who applies to have added to his certificate a certificate of qualification (Marine Engine Operator), complies with the standards or fulfils the conditions specified by, or by virtue of, this Regulation, the Minister shall not issue the certificate applied for unless he is satisfied, having regard to all the relevant circumstances, that the applicant is a fit person to be the holder of a certificate and to act competently in the capacity to which it relates.

15 Certificates of Qualification as a Senior Marine Engine Operator.

15. Where a person is the holder of a certificate of qualification (Marine Engine Operator), the Minister may, if he is satisfied that the person is of a suitable standard to be carried as senior marine engine operator in ships of 350 kilowatt registered power or more but under 750 kilowatt registered power, issue that person with a certificate of qualification (Senior Marine Engine Operator).

16 Form, Validity, Record and Surrender of Certificates.

16. (1) ( a ) Certificates of qualification (marine engine operator) shall be issued in duplicate, on payment of any appropriate fee, the original to be delivered to the person entitled to the certificate and the duplicate to be retained by the Minister.

( b ) Such a certificate shall remain valid for seagoing service only so long as the holder can comply with the standards and conditions as to medical fitness and competency to act in the appropriate capacity specified by the Minister.

(2) A record of all certificates of qualification (marine engine operators) issued under these Regulations and of the suspension, cancellation or alteration of, and any other matters affecting any such certificate shall be kept in such manner as the Minister may require by such person as the Minister may direct.

(3) Where the holder of a certificate of qualification of a particular class issued under these Regulations is issued with such a certificate of a higher class, he shall surrender the firstmentioned certificate to the Minister, or to such person as the Minister directs, for cancellation.

(4) Where a certificate of qualification has been obtained for the purposes of these Regulations and a person is convicted of an offence under section 3 (3) of the Act of 1979 in respect of the certificate so obtained, then the holder of that certificate shall, at the direction of the Minister, deliver the certificate to the Minister, or to such other person as the Minister may direct, for cancellation.

(5) Where a certificate of qualification is issued under these Regulations and the requirements for its issue as prescribed in these Regulations or as specified by the Minister have not been complied with, then the holder of the certificate shall, at the discretion of the Minister, deliver the certificate to the Minister; or to such person as the Minister directs for cancellation.

17 Loss of Certificate.

17. (1) If a person entitled to a certificate of qualification (marine engine operator) proves to the satisfaction of the Minister that he has, without fault on his part, lost or been deprived of a certificate already issued to him, the Minister shall, and, where he is not so satisfied, may, on payment of such fee (if any) as he may require, cause a copy of the certificate, to which the person appears to be entitled to hold to be issued to such person.

(2) Any such copy shall, before it is so issued, be certified as such by such person as the Minister may have directed to keep the record referred to in Regulation 16 (2) of these Regulations.

PART IVNUMBER OF MARINE ENGINEER OFFICERS AND MARINE ENGINE OPERATORS TO BE CARRIED

18 Qualified Marine Engineer Officers and Marine Engine Operators to be Carried on Ships.

18. (1) Subject to paragraphs (2) and (3) of this Regulation and to Regulation 20 of these Regulations, every ship of 350 kilowatt registered power or more to which these Regulations apply shall when engaged on a voyage to or from a location or between locations in the trading area set out in relation to that description of ship in column (1) of, and the note, to the Table to Part I of the First Schedule to these Regulations:

( a ) carry a Chief Engineer Officer holding an appropriate (steam or motor) certificate of competency, or certificate of service of the class specified in Column (3) of that Table in relation to the description of ship in Column (2) of that Table; and

( b ) carry a Second Engineer Officer holding an appropriate (steam or motor) certificate of competency. or certificate of service of the class specified in Column (3) of that Table in relation to the description of ship set out in Column (2) of that Table, or a marine engine operator holding an appropriate certificate of qualification of the class specified in Column (3) of that Table in relation to the description of ship set out in Column (2) of that Table except where that Table indicates that a second engineer need not be carried.

(2) In addition to the requirements of Regulations 18 (1) (a) and 18 (1) (b) of these Regulations, every engineer officer in charge of an engineering watch in ships of 750 kilowatt registered power or more to which these Regulations apply shall hold an appropriate (steam or motor) Class 4 certificate of competency or certificate of service.

(3) A sail training ship having a propulsion engine of less than 350 kilowatt registered power shall carry at least one engineer officer who is the holder of a certificate of competency Class 4 (motor), but, in a particular case, the Minister may exempt a sail training ship from the requirements of this Regulation and permit a specified person or persons with appropriate qualifications and experience to act in the capacity of engineer officer.

(4) Paragraph 1 (b) of this Regulation shall not apply to ships of less than 3,000 kilowatt registered power operating in the Near Continental Trading Area.

(5) Column (3) of the Table to Part I of the First Schedule to these Regulations shall have effect subject to the special provisions set out in Part II of that Schedule, and Paragraph (1) of this Regulation shall be construed accordingly.

19 Exceptional provisions allowing for carrying one qualified marine engineer or marine engine operator less in a ship.

19. (1) Subject to paragraph (3) of this Regulation, if, on an occasion on which a ship which these Regulations apply goes to sea, one or the qualified marine engineer officers or marine engine operators is not carried because of illness, incapacity, or other unforeseen circumstances, but all reasonable steps were taken to secure the carriage on the ship on that occasion of a duly qualified marine engineer officer or marine engine operator, as the case may be, so much of these Regulations as require such a ship on such a voyage to carry that marine engineer officer or marine engine operator shall not, subject to the compliance with the conditions of paragraph (3) of this Regulation, apply to the ship during whichever is the shorter of the following periods, beginning with the day on which the ship goes to sea from that location on that occasion:

( a ) a period ending with the day on which the ship carried a qualified marine engineer officer or marine engine operator as required, or

( b ) a period determined as follows—

(i) in the case of a ship going to sea from a location beyond the Middle Trade Trading Area.........................	28 days
(ii) in the case of a ship going to sea from a location beyond the Near Continental Trading Area but within the Middle Trade Trading Area	14 days
(iii) in the case of a ship going to sea from a location beyond the State but within the Near Continental Trading Area	7 days

(2) One such period of 28, 14 or 7 days (as the case may be) shall not be followed immediately by any further period at sea during which the ship carried one less than the number of duly qualified marine engineer officers or marine engine operators required by these Regulations.

(3) The conditions referred to in paragraph (1) of this Regulation are that the Master, when going to sea from that location, shall notify a proper officer of his decision not to carry that qualified marine engineer officer or that qualified marine engine operator (as the case may be) and shall make an entry of that notification in the ship's official logbook.

(4) Notwithstanding paragraph (1) of this Regulation, a ship mentioned in subparagraph (b) (i), (b) (ii) or (b) (iii) of that paragraph may only go to sea on such a voyage if it is carrying at least one qualified marine engineer officer.

20 Additional conditions in respect of ships carrying dangerous cargoes.

20. (1) A ship to which these Regulations apply which has a bulk cargo consisting in whole or in part of:

( a ) crude liquid petroleum or petroleum products;

( b ) liquid chemicals; or

( c ) liquefied gases;

shall, if the ship is of 1,500 kilowatt registered power or more, carry, as Chief Engineer Officer and Second Engineer Officer, respectively, engineer officers qualified under these Regulations whose certificates of competency or of service have been endorsed to show that they have satisfied such conditions as to training and service as may be specified by the Minister.

(2) If an engineer officer other than the Chief Engineer Officer and Second Engineer Officer is to have immediate responsibility for loading, discharging and care in transit or handling of cargo such officer shall hold a certificate endorsed as specified in paragraph (1) of this Regulation.

(3) If the ship is of 350 kilowatt registered power or over but under 1,500 kilowatt registered power, it shall carry engineer officers or marine engine operators whose certificates have been endorsed to show that they have satisfied such conditions as to training and service as may be specified by the Minister. Officers who are carried in compliance with the Merchant Shipping (Certification of Deck Officers) Regulations, 1988 ( S.I. No. 368 of 1988 ), may not act in an engineering capacity whether or not they hold, in addition to their certificate of competency, a certificate of qualification as a marine engine operator.

PART VWATCHKEEPING REQUIREMENTS

21 Requirement to Act in Capacity for which certified.

21. (1) A person shall not act in the capacity of Chief Engineer or Second Engineer unless he holds a certificate of competency (marine engineer officer), certificate of service (marine engineer officer) or certificate of qualification (marine engine operator) of the appropriate class required by Part I of the First Schedule to these Regulations.

(2) In the event of the death or incapacity of the Chief Engineer or Second Engineer while the ship is at sea, an engineer officer may act in the capacity of Chief Engineer or Second Engineer until the ship reaches the next port of intended call.

(3) The Master or the Chief Engineer Officer shall not permit any person to be in charge of an engineering watch in a ship of 750 kilowatt registered power or more to which these Regulations apply unless he holds a certificate of competency (engineer officer), or a certificate of qualification (marine engine operator) or a certificate of service (engineer officer) of a class required by Regulation 18 of these Regulations to be held by an engineer officer or marine engine operator.

(4) A person shall not appoint any other person to act in a capacity for which he is not duly certificated in accordance with these Regulations.

22 Offences and Penalties.

22. (1) Any person who contravenes Regulation 21 (1) of these Regulations, and any master or chief engineer who contravenes Regulation 21 (3) of these Regulations, shall be guilty of an offence and shall be liable on summary conviction to a fine of £500.

(2) Any person who contravenes Regulation 21 (4) of these Regulations shall be guilty of an offence and shall be liable on summary conviction to a fine of £500.

FIRST SCHEDULE

PART I

MINIMUM CERTIFICATION REQUIREMENTS OF ENGINEER OFFICERS AND MARINE ENGINE OPERATORS.

TABLE

(1)	(2)	(3)
Area	Registered Power (Kilowatts) of ships including sail training ships	Required Classes of Certification
Chief Engineer	Second Engineer	Marine Engine Operator	Senior Marine Engine Operator
Unlimited Trading Area	3,000 and over	1	2	—	—
	1.500 or more but under 3,000	2 (e)	3	—	—
	750 or more but under 1,500	3 (3)	3	—	—
350 or more but under 750	4 (e)	—	—	1 (D/C)
Middle Trade Trading Area	3.000 and over 1,500 or more but under 3,000	1 3 (e)	2 3	— —	— —
Middle Trade Trading Area	750 or more but under 1,500	3 (e)	3	—	—
350 or more but under 750	4 (e)	—	1 (D/C)	—
Near Continental Trading Area	6.000 and over	1	2	—	—
	3,000 or more but under 6,000	2 (e)	3	—	—
	1,500 and over but under 3.000	3 (e)	4 (a)	—	—
	750 and over but under 1,500	4 (e)	—	1 (D/C)	—
350 and over but under 750	4	—	—	—

Note:

(1) Column (3) shall be read subject to the special provisions set out in Part II of this Schedule and the meaning of the indication (e) (a) and (D/C) shall be found in Paragraph 2 of Part II of that Schedule.

(2) In addition to the officers specified in Column (3) ,ships of 750 kilowatt registered power or more may be required to carry additional certificated engineer officers in order to comply with Regulation 18 (2) of these Regulations.

(3) In the case of certificates of service, regard shall be paid to any limitations of equivalence imposed in accordance with Regulation 6 of these Regulations.

PART II

SPECIAL PROVISIONS APPLICABLE TO PART I OF THIS SCHEDULE.

1. ( a ) The provisions of Column (3) of the Table in Part I of this Schedule, insofar as they impose a requirement with respect to the carrying in a ship of a qualified marine engineer officer who is the holder of a certificate of competency issued under these Regulations of a particular class, shall be treated as complied with if the officer who is carried in pursuance of that requirement is the holder of a certificate of competency issued under these Regulations of a higher class and in respect of the same type of machinery as that installed on the ship.

( b ) The provisions of Column (3) of the Table in Part I of this Schedule, insofar as they impose a requirement with respect to the carrying in a ship of a qualified marine engine operator who is the holder of a certificate of qualification issued under these Regulations, will be treated as complied with if the engine operator who is carried in pursuance of that requirement is the holder of a certificate of qualification (senior marine engineer operator).

2. (1) Where a number set out in Column (3) of the Table to Part I of this Schedule in relation to a certificate of competency or a certificate of qualification issued under these Regulations of a particular class is followed by the indication (e), (a) or (D/C), that provision of Column (3) to which the number relates shall be construed as follows:

(i) in the case of indication (e), as requiring the certificate in question to be endorsed with a Chief Engineer Officer (Service) endorsement;

(ii) in the case of indication (a), as removing the requirement to carry a Second Engineer on ships ( other than ships carrying dangerous cargoes) which confine their area of operation to within an area bounded by a direct line from a point on the Norwegian Coast in latitude 61 degrees North to a point in 61 degrees North 02 degrees West; thence to a point in 58 degrees North 10 degrees West; thence to La Coruna and in the Baltic West of the Meridian of 13 degrees East on an all year round basis and from 1st April until 31st October in the Baltic east of a line joining Kalmar (Sweden) to the Meridian of 19 degrees East on the Coast of Poland;

(iii) in the case of indication (D/C). as permitting the holder of a certificate of qualification (marine engine operator) to serve in a dual capacity in the deck and engineer departments subject to the following conditions:

(I) he shall not serve as Master;

(II) the ship does not carry in bulk cargo consisting in whole or in part of—

(A) crude liquid petroleum or petroleum products: or

(B) liquid chemicals: or

(III) the ship has either been assigned a classification society UMS notation for unmanned machinery space operation or fulfils the following criteria:

(A) it has full bridge control of main engine manoeuvreing;

(B) it is fitted with high level bilge alarms in the machinery spaces;

(C) the engine room alarm system, including the fire alarm if fitted, is relayed to the accommodation and/or the bridge; and

(IV) when the routine operation of the ship's machinery is the responsibility of a crew member serving in a dual purpose capacity then the ship's main and auxiliary systems essential for the safe navigation of the ship are subjected to regular shore maintenance to the satisfaction of a responsible representative of the owners taking into account the manufacturer's recommendations, and that comprehensive reports are maintained and kept available for inspection by a person nominated by the Minister for that purpose.

SECOND SCHEDULE

DEFINITION OF TRADING AREA.

Near Continental Trading Area

Any location within an area bounded by a direct line from a point on the Norwegian Coast in latitude 62 degrees North to a point 62 degrees North 3 degrees 45' West; thence to a point 58 degrees North 10 degrees West; thence to a point 54 degrees North 14 degrees 30' West; thence to a point 37 degrees North 10 degrees West; thence to a point 35 degrees 52.3' North 6 degrees 20' West; thence to a point 35 degrees 52.3' North 5 degrees 45' West; thence to a point 35 degrees 53.6' North 5 degrees 36.5' West; thence to a point 35 degrees 58.3' North 5 degrees 21' West; thence to Europe Point (36 degrees 06' North 5 degrees 21' West approximately) including the Baltic as far North as latitude 58 degrees North, and in addition, during the period in any year from the 1st day of April to 31st day of October, the remaining waters of the Baltic.

Middle Trading Area

Any location within an area bounded by a direct line from a point on the Norwegian Coast in 70 degrees North to a point in 70 degrees North in 15 degrees East to a point in 62 degrees North 3 degrees 45' West to a point in 58 degrees North 10 degrees West to a point in 54 degrees North 14 degrees 30' West to a point in 30 degrees North 19 degrees West to a point in 15 degrees North and 19 degrees West to Dakar, the waters of the Mediterranean, Black and Baltic Seas and in addition, during the period in any year from the 1st Day of April to the 31st day of October any location within the area bounded by a direct line from Mys Kanin Light House (Barents Sea) to a point 72 degrees North 25 degrees East to a point 70 degrees North 15 degrees East to the Norwegian Coast in 70 degrees North.

Unlimited Trading Area

Any location not within the Middle Trade Trading Area or the Near Continental Trading Area.

GIVEN under my Official Seal, this 21st day of December, 1988.

BRENDAN DALY,

Minister for the Marine.

EXPLANATORY NOTE.

These Regulations revoke the Merchant Shipping (Certification of Marine Engineer Officers) Regulations, 1981, and re-enact them with amendments.

The major amendments are:

( a ) the introduction of the new grade of Marine Engine Operator who may serve in place of second engineer officers on ships of specified engine power on certain voyages within prescribed limits and who may, provided certain conditions are fulfilled, serve in a dual capacity in the deck and engine room departments (Regulations 11 to 17);

( b ) the enlargement of the Near Continental and Middle Trade Trading Areas (Second Schedule);

( c ) Deck Officers, upon fulfilling the requirements for the issue of a certificate of qualification (Marine Engine Operator), may apply to the Minister to have that certificate added to their Certificate of Competency (Deck Officer), and may thereafter serve in a dual capacity in the deck and engine room departments on certain ships (Regulation 13);

( d ) provisions empowering the issue of Certificates of Service (Engine Officer) have been deleted in compliance with the terms of Article VII(3) of the International Convention on Standards of Training, Certification and Watchkeeping for Seafarers, 1978. Residual references to the continuing validity of certificates of service issued under the provisions of the 1981 Regulations are retained.

The Regulations come into operation on 1 March, 1989.