Merchant Shipping Act 2010

9.

Navigation and tracking rules.

9.— (1) The following section is substituted for section 18 of the Act of 1952:

“18.— (1) The Minister may make rules (‘ navigation and tracking rules’ ) requiring ships to which this section applies to be provided with navigation and tracking systems and equipment of such a nature as may be prescribed by the rules including requirements relating to their position and method of fitting and to maintain such systems as may be so prescribed.

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

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

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

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

(4) Different 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.

(5) Navigation and tracking rules shall include such requirements as appear to the Minister to be necessary to implement the provisions of the Safety Convention relating to navigation and tracking systems and equipment.

(6) Without prejudice to the generality of the preceding provisions of this section, navigation and tracking rules may require notification to the Minister of the identity, the position, the date and time, and other relevant details regarding a ship on which such systems and equipment are positioned.

(7) If navigation and tracking rules are contravened in any 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.

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

( a) any ship, for the purpose of seeing that it is properly provided with the required systems, and

( b) any boat, survival craft or life-raft on board the ship, for the purposes of seeing that it carries the required systems,

in conformity with navigation and tracking rules.

(9) If a surveyor of ships in making an inspection under subsection (8) finds that the ship is not provided with navigation and tracking systems and equipment in conformity with the navigation and tracking rules, he or she shall give to the owner or master notice in writing pointing out the deficiency.

(10) A surveyor of ships may board and inspect any ship for the purposes of seeing that a deficiency is remedied in accordance with a notice under subsection (9).

(11) 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 systems or equipment as he or she considers appropriate for that purpose.

(12) If a ship, in respect of which a notice has been given to its owner or master under subsection (9), 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) Section 19 of the Act of 1952 is repealed.

(3) The Act of 1952 is amended—

( a) in sections 20(1) and (3), 23(1), (2) and (3), 24, 25(2) and 30(3) by substituting “navigation and tracking rules” for “rules for direction-finders”, and

( b) in sections 23(1), 23(2)( a), 23(3), 26(1)( b)(ii), 27(3) and (4), 30(3) and 31(2)( b) by substituting “navigation and tracking systems and equipment” for “direction-finders”.

(4) Sections 10 and 11 of the Merchant Shipping Act 1981 are repealed.