Harbours Act, 1996

Pilotage exemption certificates.

72.—(1) A company may, on application being made to it by a person who is bona fide acting as the person in charge of any ship, grant to that person a certificate (in this Part referred to as “a pilotage exemption certificate”) if—

(a) it is satisfied that the person has the skill, experience and local knowledge sufficient to enable him or her to pilot the ship of which he or she is in charge (or that and any other ship in relation to which the certificate is to have effect in accordance with subsection (2)) within the company's pilotage district or such part or parts thereof as is or are specified in the certificate,

(b) the person is—

(i) an Irish citizen,

(ii) a national of another Member State of the European Communities (within the meaning of the European Communities Act, 1972 ), or

(iii) a national of a state with which the State has reciprocal arrangements for the grant by that state to an Irish citizen of a certificate that, under the law of that state, has the equivalent effect to a pilotage exemption certificate,

(c) the person is the holder of a certificate referred to in Regulation I/2 of the International Convention on Standards of Training, Certification and Watchkeeping for Seafarers, 1978 done at London on the 7th day of July, 1978, and which is in force,

(d) it is satisfied that such other requirements relating to the grant of a pilotage exemption certificate as may be prescribed by bye-laws made by it under section 71 are complied with by or in respect of that person.

(2) A pilotage exemption certificate may be granted subject to such conditions as the company concerned thinks fit, including conditions so that the certificate may have effect—

(a) in relation to the whole of the pilotage district concerned or such part or parts thereof as is or are specified in the certificate,

(b) in relation to more than one ship of substantially the same class and belonging to the same owner in circumstances where the person to whom it is granted is bona fide acting as the person in charge of any such ship.

(3) A pilotage exemption certificate shall specify the period for which it shall have effect which shall not be more than 1 year from the date on which it is granted or renewed under subsection (4),

(4) (a) Subject to the provisions of any bye-laws made by it under section 71 relating to the renewal of a pilotage exemption certificate and paragraph (b), a company which has granted a pilotage exemption certificate may renew it annually or at shorter intervals, as may be required.

(b) A company shall not refuse to renew a pilotage exemption certificate on grounds that would constitute the grounds referred to in section 73 for the suspension or revocation by it of such a certificate unless, in the particular case, the gravity of the conduct that would constitute the said grounds is, in the opinion of the company, such as to warrant the company not renewing the certificate in the interests of the safety of navigation in its pilotage district.

(5) A company may, on the application of the holder of a pilotage exemption certificate which has been granted by it, amend the certificate so that it shall have effect in relation to any other ship or ships to which the holder may be transferred, being a ship or ships—

(a) of a not substantially greater draught of water or tonnage than the ship or ships in relation to which the certificate already has effect, or

(b) of substantially the same class and belonging to the same owner as the said ship or ships.

(6) If two or more ships are shown to the satisfaction of a company to be bona fide under the management of any one or more of the following persons, namely—

(a) a body corporate,

(b) any holding company of that body corporate,

(c) any subsidiary of that body corporate,

(d) any subsidiary of a holding company of that body corporate,

as manager, managing owner, demisee or time charterer the company may, for the purposes of this section, treat the said ships as being owned by the said body corporate or, as the case may be, either (as it thinks appropriate) the said body corporate or any holding company or subsidiary as aforesaid.

(7) If it is proposed to carry dangerous goods or harmful substances on board any ship or ships in relation to which an application for the grant of a pilotage exemption certificate or the renewal or amendment thereof is made the company concerned, in deciding whether to grant, renew or amend (as the case may be) the certificate, shall, without prejudice to the requirements specified in subsection (1), have regard to the hazards that may be involved in the carriage of the said goods or substances on board the ship or ships.

(8) Where a ship in relation to which a pilotage exemption certificate has effect is being navigated in the pilotage district of the company which granted the certificate in circumstances in which pilotage is compulsory for it, the company shall ensure, in so far as is practicable, that—

(a) a qualified officer is on the bridge of the ship with the holder of the certificate at all times (other than a time referred to in paragraph (b)) whilst the ship is being so navigated,

(b) if the said officer is required elsewhere on the ship for anchoring or mooring duties at a time when the ship is anchoring, berthing or leaving a berth, a qualified navigational watch rating is on the bridge of the ship with the holder of the certificate at such a time.

(9) Notwithstanding the repeal of the Pilotage Act, 1913 , by section 5 , a pilotage certificate granted by the former pilotage authority for a company's pilotage district under section 23 of that Act and which is in force immediately before the commencement of this section shall continue in force in accordance with its terms and be deemed to be a pilotage exemption certificate granted by the said company under subsection (1).

(10) A company may suspend or revoke a pilotage exemption certificate granted by it—

(a) on the grounds referred to in, and subject to the provisions of, section 73 , or

(b) on such grounds (not being grounds related to the conduct of the holder of the certificate) as may be specified in bye-laws made by it under section 71 ,

and such a certificate, if so revoked, shall cease to have effect, and, if so suspended, shall cease to have effect for the period for which it is so suspended.

(11) (a) The reference in subsection (1) (c) to Regulation I/2 of the International Convention on Standards of Training, Certification and Watchkeeping for Seafarers includes a reference to that Regulation as amended or replaced for the time being by any international agreement or convention to which the State is a party.

(b) In subsection (6) “subsidiary” means, in relation to a body corporate, a subsidiary within the meaning of section 155 of the Companies Act, 1963 .