F26[18.— (1) The Minister may make regulations prescribing requirements and standards—

(a) for the design, construction, subdivision, maintenance, seaworthiness and stability, equipment, machinery and machinery installations, electrical installations, radio installations, accommodation, fire safety and protection, life-saving appliances, dangerous goods, transfer arrangements, safety management, safe navigation, radio and navigation systems and equipment, energy sources and propulsion systems and equipment and compliance with rules of recognised organisations in relation to passenger boats,

(b) for the carriage of passengers by passenger boat to offshore facilities or other ships facilitating offshore industrial activities, including training, medical fitness, health and safety and on-board familiarisation regarding safety, equipment, communications, manning and transfer arrangements,

(c) to ensure the safety of—

(i) passenger boats,

(ii) the passengers and the crew of passenger boats, and

(iii) other persons, and of property, from injury or damage caused by, resulting from or arising out of the use of passenger boats, and

(d) to ensure that the use of a passenger boat does not create a disturbance or constitute a nuisance.

(2) Without prejudice to subsection (1), the regulations made under subsection (1) may—

(a) prohibit the having on board or the carriage of passengers or other persons by vessels, or specified classes of vessels, the subject of licences unless there are in force policies of insurance under which the owners of the vessels or, if the vessels are on hire, the persons to whom they are on hire are insured to a specified extent against specified risks,

(b) make provision for ascertaining, setting and testing the standards of competence of masters and of any other members of the crew of vessels the subject of licences, whether by examination, interview or otherwise, and the prohibition of those who do not reach such standards of competence as the Minister considers appropriate from working as masters or, as the case may be, other members of the crews of such vessels and the prohibition of owners of such vessels from employing as masters or other members of the crews of the vessels those who do not reach such standards as aforesaid,

(c) provide for the registration of passenger boats or specified classes of passenger boats and the licensing or certification of masters or persons in control of or operating passenger boats or passenger boats of a specified class,

(d) regulate the use of passenger boats or specified classes of passenger boats by reference to the age or other qualifications of masters or persons in control of or operating passenger boats or passenger boats of a specified class,

(e) regulate or prohibit the use of passenger boats or specified classes of passenger boats in particular circumstances, and the consumption of alcohol or drugs by masters or persons in control of or operating passenger boats or passenger boats of a specified class,

(f) require and regulate the use of personal flotation devices on specified classes of passenger boats,

(g) regulate the carriage of vehicles on board a passenger boat or prohibit vehicles of a specified class being carried on board a passenger boat designed to carry vehicles,

(h) regulate or prohibit the carriage of goods or materials of a specified class on passenger boats or on passenger boats of a specified class,

(i) regulate the number of persons that may be carried on passenger boats of a specified class, or

(j) regulate or prohibit the towing of anything by or from passenger boats or passenger boats of a specified class.

(3) Regulations under this section may make provision for such consequential, incidental, ancillary and supplementary matters (including the enforcement of the regulations and, with the consent of the Minister for Public Expenditure, National Development Plan Delivery and Reform, the charging of fees) as the Minister considers necessary or expedient.

(4) In making such regulations under this section the Minister may categorise passenger boats into different classes having regard to one or more of the following:

(a) the size, shape, speed, categorisation or configuration of a passenger boat;

(b) the service for which the passenger boat is to be employed;

(c) the plying limits, embarkation and disembarkation for a passenger boat;

(d) the nature and duration of voyages to be undertaken;

(e) the number of passengers, crew or other persons to be carried on board a passenger boat;

(f) the type of cargo carried, including dangerous goods;

(g) the age and date of construction of a passenger boat;

(h) such other matter or matters that the Minister considers appropriate to take into account in the circumstances.

(5) Different regulations may be made in respect of different classes of passenger boat, and for different circumstances and different areas of operation.

(6) In making such regulations under this section the Minister may determine the number of passengers, crew and other persons to be carried on board a passenger boat, depending on the class of passenger boat, subject to a maximum of 12 persons excluding crew members.

(7) Where there is a breach of a provision of regulations made under this section, which provision is stated in those regulations to be a penal provision—

(a) (other than in respect of a matter referred to in subsection (2)(a)), the owner and (if the passenger boat is in use) the master of the vessel each commits an offence and each is liable on summary conviction to a class A fine, or

(b) in respect of a matter referred to in subsection (2)(a), the owner of the passenger boat (or, if the passenger boat is on hire, the person to whom it is on hire) and the master of the vessel each commits an offence and each is liable—

(i) on summary conviction, to a class A fine or to imprisonment for a term not exceeding 6 months, or to both, or

(ii) on conviction on indictment, to a fine not exceeding €100,000 or to imprisonment for a term not exceeding 2 years, or to both.

(8) Regulations made under section 18 (inserted by section 47 of the Maritime Safety Act 2005) which are in force immediately before the commencement of section 52(3)(b) of the Merchant Shipping (Investigation of Marine Accidents) Act 2025 shall continue in force as if they were made under this section and may be amended or revoked accordingly.]]