Merchant Shipping Act 1992
Production of licences and marking of passenger boats.
17. — (1) (a) An authorised officer may request the master of a passenger boat to produce—
(i) the licence in respect of the boat or a copy thereof, or
(ii) proof of compliance in relation to the boat with any regulations under section 18 (2) (d),or both and, if the master fails or refuses to do so forthwith, he shall be guilty of an offence unless, within 10 days after the date of the request, he produces the licence or copy or, as the case may be, the proof in person to an authorised officer at a place specified by the authorised officer at the time of the request or to a member of the Garda Síochána at a Garda Síochána station so specified.
(b) In a prosecution for an offence under this subsection, it shall be presumed, unless the contrary is shown by the defendant, that he did not within 10 days after the date of the request concerned produce a licence or copy, or, as the case may be, the proof referred to in paragraph (a), in accordance with that paragraph.
(c) A person who, when the production of a licence or a copy of a licence or the proof aforesaid is requested of him under this section, does not produce the licence or copy or, as the case may be, the proof aforesaid because a licence was not in force at the time of the request in respect of the passenger boat concerned or does not produce such proof because of non-compliance in respect of the passenger boat concerned with regulations under section 18 (2) (d) shall be deemed, for the purposes of paragraph (a), to fail to produce the licence or a copy thereof or, as the case may be, the proof aforesaid.
(2) A vessel shall not be used as a passenger boat unless there is painted on the outside of each side of the vessel above the waterline, in a colour contrasting with that of the outside of the vessel and in letters and figures that are not less than 3 centimetres in height and are formed by lines that are not less than one-half centimetre in width—
(a) the first name and the surname of the owner of the vessel, the serial number of the licence in relation to the vessel, and
(b) an indication, in the form “licensed to carry..........passengers” or in the form “ceadúnaithe chun..........paisinéirí a iompar”, that the vessel is the subject of a licence and of the maximum number of passengers whose carriage in the vessel is authorised by the licence.
(3) (a) A person guilty of an offence under subsection (1) (a) shall be liable, on summary conviction, to a fine not exceeding F22[€500].
(b) If in relation to a vessel there is a contravention of subsection (2), the owner and the master of the vessel shall each be guilty of an offence and shall each be liable on summary conviction to a fine not exceeding F22[€2,000].
Substituted (29.07.2005) by Maritime Safety Act 2005 (11/2005), s. 50(l)(i), (ii),commenced as per s. 1(10). A fine of €500 translates into a class E fine not exceeding €500 provided (4.01.2011) by Fines Act 2010 (8/2010), ss. 3, 8(3) and table ref. no. 1, S.I. No. 662 of 2010. A fine of €2,000 translates into a class C fine not exceeding €2,500 as provided (4.01.2011) by Fines Act 2010 (8/2010), ss. 3, 6(3) and table ref. no. 1, S.I. No. 662 of 2010.