Merchant Shipping Act 2010

8.

Radiocommunications rules.

8.— (1) The following section is substituted for section 15 of the Act of 1952:

“15.— (1) The Minister, after consultation with the Minister for Communications, Energy and Natural Resources, may make rules (‘ radio rules’ ) requiring—

( a) ships to which this section applies to be provided with a radio installation, other than a radio navigational aid, of such a nature as may be prescribed by the rules,

( b) to maintain such a radio service and to carry such number of persons, of such grades and possessing such qualifications, as may be prescribed, and

( c) such ships to be surveyed to such extent and in such manner and at such intervals, as may be prescribed.

(2) Radio rules may contain provisions for preventing so far as practicable electrical interference with the radio installation by other apparatus on board.

(3) Any survey carried out on a ship to which this section applies in accordance with rules made under subsection (1)( c) is a survey for the purposes of section 271(1) and 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.

(4) This section applies to all ships registered in the State and to other sea-going ships while they are within any port in the State.

(5) In making radio rules the Minister may categorise ships into different classes, where appropriate, having regard to one or more of the following:

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

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

( c) the number of passengers or other persons, or both, that such ships are designed to carry on board;

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

(6) Different radio rules may be made in respect of different classes of ships and in relation to different classes of ships for different circumstances and different areas of operation.

(7) Radio rules shall include such requirements as appear to the Minister to be necessary to implement the provisions of the Safety Convention relating to radiocommunications.

(8) Radio rules may prescribe requirements for such portable radio apparatus as boats, survival craft or life-rafts may be required to carry by the rules for life-saving appliances.

(9) Without prejudice to the generality of the preceding provisions of this section, radio rules may—

( a) prescribe the duties of radio personnel, including the duty of keeping a radio log-book;

( b) apply to any radio log-book required to be kept under the rules any of the provisions of section 242 of the Principal Act (which provides for the delivery of the official log-book to the superintendent) and of section 256 of that Act (which provides among other things for the custody of the official log-book);

( c) require the master of a ship to cause to be entered in the official log-book such particulars relating to the operation of the radio installation, and the maintenance of the radio service, as may be specified in the rules;

( d) require the notification to the Minister of such details as the Minister may require in relation to radio installations.

(10) If the master of a ship fails to cause an entry to be made in the log-book of the ship in contravention of rules made under paragraph ( c), or if any person contravenes any rules made under paragraph ( a), of subsection (9), he or she commits an offence and is liable on summary conviction to a fine not exceeding €1,000.

(11) If radio rules are contravened in any other respect in relation to any ship, the owner or master of the ship 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.

(12) A surveyor of ships may board and inspect—

( a) any ship, for the purpose of seeing that it is properly provided with a radio installation and radio personnel, and

( b) any boat or life-raft on board the ship, for the purposes of seeing that it carries the required portable radio apparatus,

in conformity with radio rules.

(13) If a surveyor of ships in making an inspection under subsection (12) finds that—

( a) the ship is not provided with radio installation or personnel, or

( b) a boat, survival craft or life-raft on board does not carry portable radio apparatus,

in conformity with radio rules he or she shall give to the owner or master notice in writing pointing out the deficiency.

(14) A surveyor of ships may board and inspect any ship for the purposes of seeing that a deficiency has been remedied in accordance with a notice under subsection (13).

(15) 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 installation or other apparatus as he or she considers appropriate for that purpose.

(16) If a ship, in respect of which a notice has been given to its owner or master under subsection (13) which requires the deficiency to be remedied before the ship proceeds to sea, proceeds or attempts to proceed to sea without the deficiency being remedied 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.”.

(2) The Act of 1952 is amended—

( a) in section 16(2), by substituting “Minister for Communications, Energy and Natural Resources” for “Minister for Posts and Telegraphs”,

( b) in section 17(1) by substituting “radiocommunications installation” for “radio telegraph installation”,

( c) in sections 23(1), (2)( a) and (3), 26(1)( b)(ii), 27(3) and (4), 30(3) and 31(2)( b), by substituting “radiocommunications” for “radiotelegraphy, radiotelephony”, and

( d) in section 28(3) by substituting for paragraphs ( c) and ( d) the following:

“( c) except where such certificate states that the ship is wholly exempt from the provisions of the Safety Convention relating to radiocommunications, that the number, grades and qualifications of personnel on board correspond with those shown in the certificate; or

( d) that any conditions on which such a certificate, being the equivalent of an exemption certificate, is issued are complied with.”.

(3) Sections 11 and 12 of the Act of 1966 are repealed.

(4) Section 7 of the Act of 1992 is amended by substituting “radiocommunications” for “radiotelegraph or radiotelephone”.