Merchant Shipping Act 2010

45.

Certification and endorsement of high-speed craft ( Chapter 4).

45.— (1) ( a) Where after a declaration of survey, made by a surveyor of ships following a survey under the high-speed craft rules of an Irish ship to which this Chapter applies, is received by the Minister and if he or she is satisfied that the ship complies with such rules as are relevant to such ship, he or she shall issue, in respect of the ship, a certificate ( “high-speed craft safety certificate” ) in the form prescribed in the high-speed craft rules.

( b) In this subsection “declaration of survey” means a declaration made under section 272 (as applied by section 27(2) of the Act of 1952 and section 3(4) of the Act of 1966) of the Principal Act.

( c) A survey under paragraph (a), subsection (2)(a) and (b) and sections 46(2) and 47(3)(b) includes a survey by a radio surveyor, within the meaning of section 16 of the Act of 1952.

(2) ( a) An Irish ship in respect of which a high-speed craft safety certificate is in force shall be subject to such further survey or surveys as are provided for in the high-speed craft rules to ensure that the ship continues to comply with the requirements of such rules.

( b) Where, following a survey referred to in paragraph (a), the Minister is satisfied that the ship continues to comply with the requirements of the high-speed craft rules he or she shall endorse the high-speed craft safety certificate to that effect.

(3) ( a) Subject to paragraph (b), the Minister may issue in respect of an Irish ship to which this Chapter applies and for which there is a high-speed craft safety certificate for the time being in force, a permit to operate a high-speed craft (“permit to operate (HSC)”), in the form prescribed in the high-speed craft rules, stipulating the conditions of operation for such ship, where he or she is satisfied that the requirements of the high-speed craft rules relevant to the ship in relation to the issue of such a permit, are being complied with.

( b) Before a permit to operate (HSC) is issued to a ship to which this Chapter applies which is intended to operate on international voyages, the Minister, or such person as he or she may have appointed for that purpose, shall consult with the appropriate authorities of the government of each state to which the ship is to voyage, to obtain details of any operational conditions associated with the operation of the ship in that state which they may require and these operational conditions shall be included in the permit to operate (HSC).

(4) ( a) Subject to paragraph (b), an Irish ship to which this Chapter applies—

(i) must not proceed or attempt to proceed to sea unless a high-speed craft safety certificate for the time being in force in respect of the ship, and

(ii) must not operate or attempt to operate to carry passengers or cargo unless a permit to operate (HSC) for the time being in force in respect of the ship in relation to such carriage,

is in force in relation to it.

( b) A ship to which this Chapter applies may undertake transit voyages without a permit to operate (HSC) for the time being in force in respect of the ship provided there is a high-speed craft safety certificate for the time being in force in relation to it, and—

(i) the ship is not transporting passengers or cargo,

(ii) the owner has developed a safety plan for the voyage,

(iii) the master is provided with the materials and information necessary to operate the ship safely during the voyage, and

(iv) the Minister, or such person as he or she may authorise for the purpose, is satisfied that arrangements have been made for the safe conduct of the voyage.

( c) An Irish ship which—

(i) proceeds, or attempts to proceed, to sea without a high-speed craft safety certificate for the time being in force in respect of the ship in contravention of paragraph (a)(i),

(ii) operates, or attempts to operate, to carry passengers or cargo without a permit to operate (HSC) for the time being in force in respect of the ship in contravention of paragraph (a)(ii), or

(iii) undertakes transit voyages in contravention of paragraph (b),

shall be regarded as an unsafe ship for the purposes of Chapter 7 .

(5) ( a) Subject to paragraphs (b) and (c), a high-speed craft safety certificate shall be in force for a period not exceeding 5 years or such shorter period as may be specified in it. The certificate may be cancelled where the Minister, or such person as he or she may authorise for the purpose, is satisfied that the ship no longer complies with any of the requirements of the high-speed craft rules applicable to it.

( b) The Minister may extend the period for which a high-speed craft safety certificate may be in force subject to a maximum period not exceeding 5 years and 5 months as may be prescribed in the high-speed craft rules.

( c) A high-speed craft safety certificate ceases to be in force—

(i) if any relevant survey of it has not been completed within the periods specified for such survey as prescribed by the high-speed craft rules or as required under section 47(3)(b) ,

(ii) if such certificate is not endorsed under subsection (2)(b),

(iii) upon any unapproved alteration affecting the safety or certification of the ship in contravention of section 47(1)(a) , or

(iv) upon transfer of the ship to the flag of another state.

(6) ( a) Subject to paragraphs (b) and (c), a permit to operate (HSC) is in force for a period not exceeding 5 years or such shorter period as may be specified in it and may be cancelled where the Minister is satisfied that the conditions for the grant of such permit are no longer being complied with.

( b) The Minister may extend the period for which a permit to operate (HSC) under this Chapter may be in force subject to an overall maximum period of validity of 5 years and 5 months for any such permit.

( c) A permit to operate (HSC) in respect of a ship to which this Chapter applies ceases to be in force whenever the high-speed craft safety certificate for such ship ceases to be in force.

(7) ( a) Sections 27(9) and 28(1) of the Act of 1952 apply in relation to high-speed craft safety certificates as they apply to a certificate the issue of which is authorised under that Act.

( b) Section 28(2) of the Act of 1952 applies in relation to high-speed craft safety certificates as it applies to a certificate issued under that Act and a high-speed craft safety certificate issued by the government of another country, other than the State, to which the Safety Convention applies, under such Safety Convention, in respect of a ship to which this Chapter applies, other than an Irish ship, and accepted as having the same force in the State as a high-speed craft safety certificate shall be referred to as an accepted high-speed craft safety certificate.

(8) ( a) The references to a high-speed craft safety certificate in subsection (4)(a)(i), (7), and section 49(2)(a) and (d), shall, in the case of a ship other than an Irish ship, be read as meaning an accepted high-speed craft safety certificate.

( b) The references to a permit to operate (HSC) in subsection (4)(a)(ii) and in section 49(2)(b) and (e) shall, in the case of a ship to which this Chapter applies, other than an Irish ship, be construed as meaning a permit for the time being in force to operate a high-speed craft issued by the appropriate authorities of the government of a state to which the Safety Convention applies, other than the State, in accordance with the High-Speed Craft Code 1994 or the High-Speed Craft Code 2000.

(9) The Minister may authorise on his or her behalf a person to issue, endorse, cancel or extend a high-speed craft safety certificate or a permit to operate (HSC).