Merchant Shipping Act 2010

43.

Application ( Chapter 4).

43.— (1) ( a) Subject to paragraph (b) , this Chapter applies to Irish ships which are high-speed craft constructed—

(i) on or after 1 January 1996 and before 1 July 2002 under the High-Speed Craft Code 1994 or on or after 1 July 2002 under the High-Speed Craft Code 2000, and

(ii) to any other ship so constructed, 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,

and which does not proceed in the course of its voyage—

(I) where the ship is a passenger ship, more than 4 hours at 90 per cent of maximum speed from a place of refuge, and

(II) in any other case, being of 500 gross tonnage and upwards, more than 8 hours at 90 per cent of maximum speed from a place of refuge when fully laden.

( b) Paragraph (a) does not apply to—

(i) high-speed passenger craft to which Article 3 of Directive 2009/45/EC of the European Parliament and of the Council of 6 May 2009 1 on safety rules and standards for passenger ships (recast) applies, or

(ii) ships of war, troopships, fishing vessels and pleasure yachts not engaged in trade.

(2) The following do not apply to a ship to which this Chapter applies, namely—

( a) rules made under—

(i) section 10, 15, or 18 of the Act of 1952,

(ii) section 3 of the Act of 1966, and

(iii) section 82 or 84 of this Act,

( b) the issue of a general certificate, short voyage safety certificate, a qualified safety certificate or a qualified short voyage safety certificate as referred to in section 20 of the Act of 1952,

( c) the issue of a safety equipment certificate under section 22 or of a radio certificate under section 23 of the Act of 1952,

( d) the issue of a cargo ship safety construction certificate under section 4 of the Act of 1966,

( e) the issue of a passenger ship’s certificate under section 8 of the Act of 1992 or under that section as applied by the European Communities (Passenger Ships) Regulations 2004 ( S.I. No. 716 of 2004),

( f) the issue of a cargo ship safety certificate under section 13 of this Act, and

( g) the provisions of—

(i) section 26 of the Act of 1952, and

(ii) section 12 of the Act of 1992.