Maritime Safety Act 2005

Safety regulations — passenger boats, fishing vessels and pleasure craft.

47

47.—(1) The Act of 1992 is amended by substituting for sections 18, 19 and 20 (as amended by section 44 of the Act of 2000) the following:

“Safety of passenger boats and their passengers and crews.

18.—(1) The Minister may, by regulations, make such provisions as the Minister thinks necessary or expedient for the purpose of ensuring—

( a) the safety of—

(i) passenger boats,

(ii) the passengers and crews 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,

or

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

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

( a) require passenger boats to comply with specified standards of seaworthiness (including stability),

( b) require passenger boats to comply with specified standards of construction and maintenance,

( c) require specified classes of passenger boats to carry one or more of the following, that is to say, specified life-saving, fire-fighting, radio and navigation equipment,

( d) prohibit the having on board or the carriage of passengers 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,

( e) make provision for ascertaining and testing the standards of competence of masters and of any other members of the crews 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 captains or other members of the crews of the vessels those who do not reach such standards as aforesaid,

( f) 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,

( g) 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,

( h) 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,

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

( j) regulate vehicles or prohibit classes of vehicles being carried on board a passenger boat designed to carry vehicles,

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

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

( m) 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 Finance, the charging of fees) as the Minister considers necessary or expedient.

(4) Different provision may be made in regulations under this section for different classes of passenger boats or persons on or using passenger boats.

(5) ( a) If in respect of a vessel there is a contravention of a regulation under this section (other than subsection (2)( d)), the owner and (if the vessel is in use) the master of the vessel is each guilty of an offence and each is liable on summary conviction to a fine not exceeding €5,000 or to imprisonment for a term not exceeding 6 months, or to both.

( b) If, in respect of a vessel, there is a contravention of a regulation under subsection (2)( d), the owner of the vessel (or, if the vessel is on hire, the person to whom it is on hire) and the master of the vessel is each guilty of an offence and is each liable—

(i) on summary conviction, to a fine not exceeding €5,000 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.

Safety of fishing vessels and their crews.

19.—(1) The Minister may, by regulations, make such provision as the Minister thinks necessary or expedient for the purpose of ensuring—

( a) the safety of—

(i) fishing vessels,

(ii) the crews of fishing vessels, and

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

or

( b) that the use of a fishing vessel does not create a disturbance or constitute a nuisance.

(2) Without prejudice to the generality of subsection (1), regulations under this section may—

( a) require fishing vessels or specified classes of fishing vessels to comply with specified standards of seaworthiness (including stability),

( b) require fishing vessels or specified classes of fishing vessels to comply with specified standards of construction and maintenance,

( c) require fishing vessels or specified classes of fishing vessels to carry one or more of the following, that is to say, specified life-saving, fire-fighting, radio and navigation equipment,

( d) make provision for periodic surveys of fishing vessels or specified classes of fishing vessels and their equipment and the prohibition of the use for fishing of fishing vessels that have not been surveyed in accordance with the regulations or that, following such a survey, are declared by the person who carried it out to be unsafe for use for fishing, angling in the sea or angling in fresh water, and for appeals against such declarations and against other findings of such surveys,

( e) make provision for ascertaining and testing the standards of competence of skippers and of any other members of the crews of fishing vessels or specified classes of fishing vessels, 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 skippers 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 skippers or other members of the crews of such vessels those who do not reach such standards as aforesaid,

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

( g) regulate or prohibit the towing of anything (other than fishing nets) by or from fishing vessels or fishing vessels 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 Finance, the charging of fees by the Minister) as the Minister considers necessary or expedient.

(4) Different provision may be made in regulations under this section for different classes of fishing vessels.

(5) If in respect of a fishing vessel there is a contravention of a regulation under this section, the owner and (if the vessel is in use) the master of the vessel is each guilty of an offence and each is liable on summary conviction to a fine not exceeding €5,000 or to imprisonment for a term not exceeding 6 months, or to both.

Safety of pleasure craft and their occupants.

20.—(1) The Minister may, by regulations, make such provision as he or she thinks necessary or expedient for the purpose of ensuring—

( a) the safety of—

(i) pleasure craft,

(ii) the occupants of pleasure craft, and

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

or

( b) that the use of a pleasure craft does not create a disturbance or constitute a nuisance.

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

( a) require pleasure craft or specified classes of pleasure craft to comply with specified standards of seaworthiness (including stability),

( b) require pleasure craft or specified classes of pleasure craft to comply with specified standards of construction and maintenance,

( c) require pleasure craft or specified classes of pleasure craft to carry specified life-saving, fire-fighting, radio and navigation equipment,

( d) make provision for periodic survey of specified classes of pleasure craft and their appliances and equipment and the prohibition of the use of specified classes of pleasure craft that have not been surveyed in accordance with the regulations or that, following such a survey, are declared by the person who carried it out to be unsafe for use and for appeals against such declarations or against other findings of such surveys,

( e) provide for the registration of specified classes of pleasure craft and the licensing or certification of masters or persons in control of or operating pleasure craft or specified classes of pleasure craft,

( f) regulate the use of pleasure craft or specified classes of pleasure craft by reference to the age or other qualifications of masters or persons in control of or operating pleasure craft or pleasure craft of a specified class,

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

( h) prohibit the use of pleasure craft or specified classes of pleasure craft unless there are in force policies of insurance under which the owners of the pleasure craft or, if the pleasure craft are on hire, the persons to whom they are on hire are insured to a specified extent against specified risks relating to the use of the pleasure craft,

( i) require and regulate the use of personal flotation devices on specified classes of pleasure craft,

( j) regulate the number of persons that may be carried on pleasure craft of a specified class, and

( k) regulate or prohibit the towing of anything by or from pleasure craft or pleasure craft 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 Finance, the charging of fees by the Minister) as the Minister considers necessary or expedient.

(4) Different provision may be made in regulations under this section for different classes of pleasure craft or persons on or using pleasure craft.

(5) If in respect of a pleasure craft there is a contravention of a regulation under this section, the owner and (if the craft is in use) the master of the craft is each guilty of an offence and each is liable on summary conviction to a fine not exceeding €5,000 or to imprisonment for a term not exceeding 6 months, or to both.

(6) In this section ‘pleasure craft’ means vessels used otherwise than for profit and used wholly or mainly for sport or recreation but includes mechanically propelled vessels that are on hire pursuant to contracts or other arrangements that do not require the owners of the vessels to provide crews or parts of crews for them.”.

(2) The Act of 1992 is amended by substituting for section 27 the following:

“Fixed payment notice.

27.—(1) The Minister may prescribe that this section applies to a contravention or a particular contravention of regulations made under section 18 (other than subsection (2)( d)), 19 and 20.

(2) Where an authorised officer has reasonable grounds for believing that a person is committing or has committed an offence under section 18, 19 or 20 in relation to a contravention of regulations made under section 18, 19 or 20 to which this section applies or under section 33(3) or 34(2) of the Maritime Safety Act 2005 he or she may serve on the person a notice in the prescribed form or in a form to like effect stating that—

( a) the person is alleged to have committed the offence in respect of the contravention,

( b) the person may during the period of 21 days beginning on the date of the notice make to the organisation specified at the address specified in the notice a payment of €150, or such other amount prescribed under subsection (5), accompanied by the notice, and

( c) a prosecution in respect of the alleged offence will not be instituted during the period specified in the notice and, if the payment specified in the notice is made during that period, no prosecution in respect of the alleged offence will be instituted.

(3) Where notice is given under subsection (2)—

( a) a person to whom the notice applies may, during the period specified in the notice, make to the organisation specified at the address specified in the notice the payment specified in the notice accompanied by the notice,

( b) the organisation specified may receive the payment, issue a receipt for it and retain the money so paid, and any payment so received shall not be recoverable in any circumstances by the person who made it,

( c) a prosecution in respect of the alleged offence shall not be instituted in the period specified in the notice, and if the payment so specified is made during that period, no prosecution in respect of the alleged offence shall be instituted.

(4) In a prosecution for an offence under section 18, 19 or 20 or section 33(3) or 34(2) of the Maritime Safety Act 2005 the onus of proving that a payment pursuant to a notice under this section has been made lies on the defendant.

(5) The Minister may prescribe another amount, or different amounts in respect of different contraventions or different classes of vessels, in lieu of the amount specified in subsection (2)( b).

(6) In this section ‘organisation’ means the Department of Communications, Marine and Natural Resources or such other person as specified in a notice issued under this section.”.

(3) Regulations made under section 18, 19, 20 and 27 of the Act of 1992 which are in force immediately before the commencement of this section continue in force after such commencement and are deemed to have been made under section 18, 19, 20 or 27, as the case may be, inserted by this section.