S.I. No. 188/1984 - Merchant Shipping (Navigational Watch Ratings) Regulations, 1984.


S.I. No. 188 of 1984.

MERCHANT SHIPPING (NAVIGATIONAL WATCH RATINGS) REGULATIONS, 1984.

I, JAMES MITCHELL, Minister for Communications, in exercise of the powers conferred on me by section 12 of the Merchant Shipping Act, 1947 (No. 46 of 1947), section 8 of the Merchant Shipping (Certification of Seamen) Act, 1979 (No. 37 of 1979), and the Ministers and Secretaries (Amendment) Act, 1983 (No. 40 of 1983), hereby make the following Regulations:

1. (1) These Regulations may be cited as the Merchant Shipping (Navigational Watch Ratings) Regulations, 1984.

(2) These Regulations shall come into operation on the 19th day of October, 1984.

2. In these Regulations—

"approved document" means a document approved of by the Minister for Communications;

"employer" means the person for the time being employing the master of the ship;

"fishing vessel" means a vessel which is for the time being employed in sea fishing or a fishery research vessel owned by the State, but does not include a vessel used otherwise than for profit;

"gross registered tonnes", in relation to a ship, means its gross registered tonnage and the gross registered tonnage of a ship having alternative gross registered tonnages shall be taken to be the lower of those tonnages;

"Irish ship" has the same meaning as in the Merchant Shipping Acts, 1894 to 1983;

"Marine Notice" means a notice described as such issued by the Minister;

"the Minister" means the Minister for Communications;

"partially smooth waters" means the waters of any of the areas specified, as being partially smooth waters during a particular period, in column 3 of the Fifth Schedule to the Merchant Shipping (Passenger Ship Construction) Rules, 1983 ( S.I. No. 300 of 1983 );

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

"rating" means a member of a ship's crew other than the master or a qualified officer;

"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 Fifth Schedule to the Merchant Shipping (Passenger Ship Construction) Rules, 1983.

3. (1) Subject to paragraph (2) of this Regulation, these Regulations apply to all Irish ships of 200 gross registered tonnes and over, being ships which go to sea beyond the limits of smooth or partially smooth waters, other than fishing vessels and pleasure craft.

(2) Notwithstanding the provisions of paragraph (1) of this Regulation, in respect of ships operating between locations in such areas as may be specified in a Marine Notice, the Minister may, in exceptional circumstances, grant exemptions from all or any of the provisions of these Regulations on such terms as he may think fit and specify in the instrument granting the exemption: Provided that the exemption does not cause damage to persons, property or the environment and does not discriminate unfairly between persons or classes of persons.

4. (1) It shall be the duty of every employer to ensure that a ship carries sufficient navigational watch ratings qualified in accordance with Regulation 5 of these Regulations to enable the master of the ship to perform his duties in respect of navigational watchkeeping.

(2) The master shall not permit a rating who is not qualified in accordance with Regulation 5 of these Regulations to form part of a navigational watch or to perform particular duties for which he is not qualified as part of that watch: Provided that nothing in this Regulation shall prohibit the participation of ratings in navigational watchkeeping duties (in addition to those required for such duties) as part of their training under the supervision of an officer in the deck department of a ship who is qualified for the purposes of section 3 of the Merchant Shipping (Certification of Seamen) Act, 1979 , or a rating who is qualified in accordance with Regulation 5 of these Regulations.

5. In order to be qualified as a navigational watch rating for the purpose of these Regulations, a person shall be the holder of a valid approved document—

(a) issued by a person standing specified by the Minister in a Marine Notice, and

(b) certifying that the holder of the said document has satisfied all the requirements in relation to qualifications as a navigational watch rating standing specified by the Minister in a Marine Notice for the time being and such document may carry an endorsement indicating particular duties for which the rating is not qualified.

GIVEN under my Official Seal, this 19 day of July, 1984.

JAMES MITCHELL,

Minister for Communications.

EXPLANATORY NOTE.

These Regulations give effect in part to Regulation 11/6 of Chapter II of the International Convention on Standards of Training, Certification and Watchkeeping for Seafarers (1978).

The Regulations provide that only ratings who are qualified in accordance with the Regulations may form part of a navigational watch in certain sea-going Irish ships of 200 GRT or over, other than fishing vessels and pleasure craft. Other ratings may participate in navigational watchkeeping duties only as part of their training under the supervision of a qualified deck officer or navigational watch rating (Regulation 4 (2)).

The necessary qualification is to be the holder of a valid certificate certifying that the holder has complied with the specified requirements (Regulation 5). The detailed requirements for the issue of such a certificate are specified by the Minister in Marine Notice No. 16 of 1984 which may be amended or replaced from time to time. Marine Notices can be obtained from the Department of Communications, Marine Division I, Apollo House, Tara Street, Dublin 2.