Merchant Shipping Act 2010

14.

Bulk carrier rules.

14.— (1) The Minister may make rules ( “bulk carrier rules” ) prescribing the requirements that the superstructure, stability and subdivision, hull, arrangement, equipment and machinery of bulk carriers to which this section applies, must comply with.

(2) This section applies to bulk carriers which are Irish ships and to any other bulk carrier while it is within any port in the State, unless it would not have been in any such port but for stress of weather or any other circumstance that neither the master nor the owner of the ship could have prevented or forestalled.

(3) In making bulk carrier rules the Minister may categorise bulk carriers into different classes having regard to one or more of the following, where appropriate:

( a) the size, shape, speed or configuration of such ships;

( b) the service for which such ships are to be employed;

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

( d) the type and quantity of cargo such ships are designed to carry on board;

( e) the age and date of construction of such ships;

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

(4) Different bulk carrier rules may be made in respect of different classes of bulk carriers for different circumstances and for different areas of operation.

(5) Bulk carrier rules shall include such requirements as appear to the Minister to be necessary to implement the provisions of the Safety Convention prescribing the requirements that the superstructure, stability and subdivision, strength, hull, arrangement, equipment and machinery shall comply with, except in so far as those provisions are implemented by cargo ship construction and survey rules, rules for life-saving appliances, fire protection rules, radio rules, navigation and tracking rules or collision regulations.

(6) Bulk carrier rules may require the provision in ships to which this section applies of—

( a) stability analysis including damage and intact stability,

( b) the structural strength of such ships,

( c) the arrangement of such ships including requirements for bulkheads,

( d) information necessary for the guidance of the master and others in maintaining sufficient stability and strength during all loading conditions,

( e) the requirements on cargoes and the requirement to provide to persons information to ensure the safe loading and unloading,

( f) equipment to provide information on strength on such ships,

( g) equipment to detect water in the holds and spaces of such ships and to provide pumping systems.

(7) The powers conferred on the Minister by this section are in addition to the powers conferred by any other enactment enabling him or her to prescribe the requirements that ships to which this section applies must comply with.

(8) ( a) It is the duty of the owner and master of every ship to which this section applies to ensure that all requirements set out in the relevant bulk carrier rules are complied with.

( b) If any provision of bulk carrier rules are not complied with, then the owner of the ship (if in fault) and the master of the ship (if in fault) commits an offence and is liable on summary conviction to a fine not exceeding €5,000.

(9) A surveyor of ships may board and inspect any ship for the purpose of seeing that it complies with bulk carrier rules.

(10) If a surveyor of ships finds that a ship fails to comply with any bulk carrier rules he or she shall give a notice in writing to the owner or master stating in what respect the ship fails to comply with them.

(11) A surveyor of ships may board and inspect any ship for the purposes of seeing that a notice under subsection (10) has been complied with.

(12) A surveyor of ships may for the purposes of an inspection make such tests (either on the ship or ashore or at dock), ask such questions, inspect such documents or records and have access to such parts of the ship as he or she considers appropriate for that purpose.

(13) If a ship, in respect of which a notice has been given to its owner or master under subsection (10) which requires compliance with the rules in accordance with the notice before the ship proceeds to sea, proceeds or attempts to proceed to sea, without compliance as required in the notice, then the master or owner (as the case may be) commits an offence and is liable—

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

( b) on conviction on indictment, to a fine not exceeding €100,000.

(14) In this section “bulk carrier” means a ship (other than a passenger steamer, troopship or fishing vessel) which is intended primarily to carry dry cargo in bulk.