S.I. No. 284/2001 - Merchant Shipping (Mechanically Propelled Pleasure Craft) (Safety) Regulations, 2001

I, FRANK FAHEY, Minister for the Marine and Natural Resources, in exercise of the powers conferred on me by sections 20 (as amended by section 44 (9) of the Merchant Shipping (Investigation of Marine Casualties) Act, 2000 (No. 14 of 2000)) and 34 (inserted by section 44(1) of that Act) of the Merchant Shipping Act, 1992 (No. 2 of 1992), hereby make the following Regulations:

Citation and commencement

1.       (1)     These Regulations may be cited as the Merchant Shipping (Mechanically Propelled Pleasure Craft) (Safety) Regulations, 2001.

(2)     These Regulations shall come into operation on the 1st day of July 2001.

Definitions

2.       In these Regulations:-

“fast power craft” means a pleasure craft, other than a personal watercraft, the principal means of propulsion of which is derived from a mechanical power source and which attains or can attain a speed through or over water equal to or exceeding 17 knots;

“suitable personal floatation device or lifejacket” means a personal floatation device or lifejacket -

(a)      sufficient to give a person using it a positive buoyancy in waters which are likely to be encountered where the vessel on which it is required to be used or to be available for use is reasonably likely to be,

(b)      which is appropriate to the body weight of the person who is to wear it, and

(c)     which has on it the CE conformity marking consisting of the initials “CE” taking the form of the specimen set out in Annex IV to Council Directive 89/686/EEC of 21 December 1989¹ (as amended by Council Directive 93/68/EEC of 22 July 1993² and Council Directive 96/58/EC of the European Parliament and the Council of 3 September 1996³ ).

Application

3.       (1)     These Regulations apply to mechanically propelled pleasure craft (including personal watercraft and fast power craft) being operated in Irish waters, and any person, vessel specifically designed to be towed or object of any kind, being towed by such craft.

(2)     These Regulations, other than Regulation 8, do not apply to a mechanically propelled pleasure craft being used for rescue or other emergency purposes or for law enforcement purposes.

Age restrictions on operation or control of mechanically propelled pleasure craft

4.       (1)     The master of a personal watercraft or a fast power craft shall take all reasonable steps to ensure that a person who has not attained the age of 16 years shall not operate or be in control of the craft.

(2)     The master of a mechanically propelled pleasure craft powered by an engine with a rating of more than 5 horse power or 3.7 kilowatts shall take all reasonable steps to ensure that a person who has not attained the age of 12 years shall not operate or be in control of the craft.

Carriage of personal floatation devices or lifejackets on fast power craft and other mechanically propelled pleasure craft (other than personal watercraft)

5.       The master of a fast power craft or any other mechanically propelled pleasure craft (other than a personal watercraft) shall ensure that there are, at all times, on board the craft sufficient suitable personal floatation devices or lifejackets for each person on board.

Use of personal floatation devices or lifejackets on fast power craft and other mechanically propelled pleasure craft (other than personal watercraft)

6.       (1)     The master of an open fast power craft or any other open mechanically propelled pleasure craft shall take all reasonable steps to ensure that a person who has not attained the age of 16 years shall, at all times while on board the craft, other than when it is made fast to the shore, wear a suitable personal floatation device or lifejacket.

(2)     The master of a fast power craft or any other mechanically propelled pleasure craft (which is not a craft referred to in paragraph (1) of this Regulation) shall take all reasonable steps to ensure that a person who has not attained the age of 16 years shall, at all times, while on the deck of the craft, other than when it is made fast to the shore, wear a suitable personal floatation device or lifejacket.

(3)     The master of a fast power craft or any other mechanically propelled pleasure craft shall take all reasonable steps to ensure that a person shall wear a suitable personal floatation device or lifejacket, at all times while -

(a)     being towed by the craft, or

(b)     on board a vessel specifically designed to be towed or on an object of any kind which is being towed by the craft.

(4)     This Regulation does not apply to personal watercraft.

(5)     In this Regulation an “open fast power craft or other open mechanically propelled pleasure craft” means any such craft which does not have any cabin or below deck facilities for the use of persons and where seating, or any place on the craft used for seating, is exposed or partially exposed to the elements.

Use of personal floatation devices or lifejackets on personal watercraft

7.       The master of a personal watercraft shall wear and take all reasonable steps to ensure that a person shall, at all times, while on board, or being towed in any manner by, the personal watercraft wear a suitable personal floatation device or lifejacket.

Prohibition on operating fast power craft or personal watercraft while under influence of alcohol or drugs

8.       The master of a fast power craft or personal watercraft shall not, or shall not allow another to, operate or control or attempt to operate or control the craft while he or she or the other is under the influence of alcohol or drugs or any combination of drugs or of drugs and alcohol to such an extent as to be incapable of having proper control of the craft.

Control of consumption of alcohol or drugs on board fast power craft or personal watercraft

9.       (1)     The master of a fast power craft or personal watercraft shall not consume and shall take all reasonable steps to ensure that a person does not consume alcohol or take drugs or any combination of drugs or of drugs and alcohol while on board the craft in circumstances which could affect the safety of persons or create a disturbance on board the craft or affect the safety of other persons using Irish waters or constitute a nuisance to such persons.

(2)     The master of a fast power craft or personal watercraft shall not permit any person to consume alcohol or take drugs or any combination of drugs or drugs and alcohol while -

(a)     being towed by the craft, or

(b)     on board a vessel specifically designed to be towed or on an object of any kind which is being towed by the craft.

Application of section 34 of Merchant Shipping Act, 1992

10.     (1)     Section 34 (inserted by section 44 (11) of the Merchant Shipping (Investigation of Marine Casualties) Act, 2000 ) of the Merchant Shipping Act, 1992 , applies to these Regulations.

(2)     The form set out in the Schedule to these Regulations is prescribed as the form of the notice to be served on a person in respect of an offence under section 20 of the Merchant Shipping Act, 1992 , for contravening these Regulations.

Revocation

11.     The Merchant Shipping (Jet Skis and Fast Power Boats) Regulations, 1992 ( S.I. No. 387 of 1992 ), are revoked.

Schedule

Regulation 10(2)

Department of the Marine and Natural Resources

Merchant Shipping Acts, 1992 to 2000

Notice in Relation to an Alleged Offence

( Section 34 of the Merchant Shipping Act, 1992 )

............................................................ .........

To............................................................ ............................................................ ............................................................ ............................................................ .

Address............................................................ ............................................................ ............................................................ ....................................................

It is alleged that you have committed an offence at............................................................ ............................................................ ..................................................

on............................................................ ...............20.............

The alleged offence, particulars of which are given at reference number ............................................................ ............................................................ ... indicated

below/overleaf, is an offence under section 20 of the Merchant Shipping Act, 1992 .

A prosecution in respect of the alleged offence will not be instituted during the period of 21

days beginning on the date of this notice and if during that period you pay ............................................................ ............................................................ .............¹

at............................................................ ............................................................ ............................................................ ............................................................ .²

the sum of £100 accompanied by this notice, a prosecution in respect of the alleged offence will not be instituted.

Authorised Officer

Merchant Shipping (Mechanically Propelled Pleasure Craft) (Safety) Regulations, 2001

(S.I. No. _____ of 2001)

Explanatory Note

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

These regulations contain national provisions governing the safe use of personal watercraft, fast power craft and other mechanically propelled pleasure craft. These include provisions relating to age restrictions, the carriage and use of lifejackets and restrictions on the use of alcohol and drugs. In addition, the Merchant Shipping (Jet Skis and Fast Power Boats) Regulations, 1992 ( S.I. No. 387 of 1992 ), are revoked.

¹ O.J. No. L.399, 30.12.89, p. 18

² O.J. No. L.220, 30.8.93, p. 1

³ O.J. No. L.236, 18.9.96, p. 44

¹ insert name of statutory authority to be paid.

² insert address where payment may be made.