Merchant Shipping Act 2010

60.

Safe manning document.

60.— (1) On submission by the owner of an Irish ship to which this Chapter applies, of an application and proposals for the minimum safe manning of the ship, the Minister may, where he or she is satisfied—

( a) that the proposals satisfy the minimum safe manning requirements for such ship, having regard to the safe manning regulations and, in respect of a ship to which Chapter 1 of the Safety Convention applies, the IMO principles of safe manning, and is adequate at all times and in all respects for the safe operation and the security of the ship and for the protection of the marine environment, and

( b) that the application and proposals satisfy the requirements for the making of such application,

issue a document (“minimum safe manning document”) in respect of the ship, subject to such conditions as he or she sees fit, in the form prescribed by the Minister under the safe manning regulations.

(2) The Minister may require an applicant for a minimum safe manning document to amend a proposal for the minimum safe manning level of a ship if, following evaluation of the proposal, he or she is not satisfied that the proposal meets the minimum safe manning requirements referred to in subsection (1) .

(3) Sections 27(9) and 28(1) of the Act of 1952 apply in relation to a minimum safe manning document as they apply to a certificate the issue of which is authorised under that Act.

(4) Section 28(2) of the Act of 1952 applies in relation to a minimum safe manning document as it applies to a certificate issued under that Act and a minimum safe manning document 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 minimum safe manning document shall be referred to as an accepted minimum safe manning document.

(5) After a minimum safe manning document has issued no change shall be made in the minimum safe manning of the ship without the prior approval of the Minister or such other person as he or she may authorise for that purpose.

(6) The minimum safe manning document issued to a ship under subsection (1) ceases to be in force if any changes to or in relation to the ship in respect of—

( a) its area of operation,

( b) its machinery or equipment, or

( c) its operation and maintenance,

are made.

(7) The Minister may cancel a minimum safe manning document in respect of a ship where he or she is satisfied that the requirements for its minimum safe manning are not being consistently complied with, taking account of rest hours requirements applicable to its crew or any other requirements for its minimum safe manning.

(8) The Minister may authorise on his or her behalf a person to issue or cancel a minimum safe manning document or to require amendment of a proposal in accordance with subsection (2) .

(9) A ship to which this Chapter applies shall not proceed or attempt to proceed to sea without a minimum safe manning document for the time being in force.

(10) If a ship to which this Chapter applies proceeds or attempts to proceed to sea—

( a) without a minimum safe manning document for the time being in force in respect of the ship, or

( b) with manning levels which are not in compliance with its minimum safe manning document,

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