Maritime Safety Act 2005

Definitions (Part 3).

46.—(1) In this Part—

“authorised person” means a person or class of persons appointed under section 39 (1) as an authorised person or authorised persons for the purposes of this Part;

“code of practice” means a code of practice prepared and published under section 35 ;

“Department” means Department of Communications, Marine and Natural Resources;

“Irish ship” has the meaning assigned to it by section 9 of the Mercantile Marine Act 1955 ;

“master” in relation to a ship, means the person being, for the time being, in command or in charge of the ship;

“operate” in relation to a vessel, means—

(a) doing anything which relates directly to the helming, steering, sailing or navigation of the vessel, or

(b) operating nautical equipment relating to the vessel's intended purpose or use at sea or in waters (including the opening or closing of any part of the vessel or raising or lowering any ramp or gangway to facilitate the boarding onto, or disembarkation from, the vessel of passengers or vehicles);

“owner” in relation to a vessel, means the person registered under the Mercantile Marine Act 1955 as her owner, or, if no person is so registered, the person who owns the vessel, and includes any partowner, charterer, hirer, manager or operator of the vessel;

“pleasure craft” has the meaning assigned to it by section 20 (as amended by section 47 ) of the Act of 1992;

“ship” includes any description of vessel used in navigation not propelled by oars;

“vessel” includes any ship or boat and any other vessel used in navigation and personal watercraft and recreational craft;

“unseaworthy” in relation to a vessel, means she—

(a) being unfit to go out to sea or into waters, by reason of—

(i) the condition of the vessel's hull, rigging, equipment or machinery, or

(ii) undermanning or overloading or improper loading, or

(b) does not comply with regulations made under the Merchant Shipping Acts 1894 to 2005 relating to the safety of the vessel and persons on board (and in particular in relation to standards of seaworthiness, construction and maintenance and life-saving, fire-fighting, radio and navigation equipment).

(2) In this Part (other than sections 23 and 24 ) a reference to a ship or vessel in Irish waters which is to a ship or vessel registered outside the State is a reference to the ship or vessel while in a port, harbour or other place in the State or within the territorial seas of the State while proceeding to or from any such port, harbour or place.