Merchant Shipping Act 1894

Collision regulations.

418

F165[418. (1) The Minister for Transport may make regulations for the prevention of collisions at sea.

(2) Regulations under this section may prescribe—

(a) the conduct of vessels—

(i) in any condition of visibility,

(ii) in restricted visibility,

(iii) in sight of one another, and

(iv) restricted in their ability to manoeuvre,

(b) requirements for maintaining a safe look-out and safe speed,

(c) actions to be taken to avoid collisions,

(d) responsibilities between vessels,

(e) requirements for lights and shapes, visibility of lights, towing and pushing, sound and light signals, equipment for sound signals, manoeuvring and warning signals,

(f) requirements for the survey of vessels for compliance with regulations made under this section,

(g) such requirements as the Minister considers necessary to give effect to the provisions of the international collision regulations, and

(h) such requirements for the inspection of vessels as the Minister considers necessary to ensure continued compliance with regulations made under this section.

(3) Regulations made under this section shall apply to Irish ships and to any other ship 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 9circumstances that neither the master nor the owner of the ship could have prevented or forestalled.

(4) Regulations made under this section may contain such incidental, supplementary and consequential provisions as appear to the Minister to be necessary or expedient for the purposes of the regulations.

(5) In this section—

"international collision regulations" means the International Maritime Organization’s Convention on the International Regulations for Preventing Collisions at Sea 1972 and any amendments made to it up to and including those adopted by the 28th Session of the Assembly of the International Maritime Organization on 4 December 2013 through Resolution A.1085(28);

"Irish ship" means a ship, other than a ship of war, known as such under section 9 of the Mercantile Marine Act 1955.]

Annotations

Amendments:

F165

Substituted (1.06.2025) by Merchant Shipping (Investigation of Marine Accidents) Act 2025 (2/2025), s. 52(1)(a), S.I. No. 188 of 2025.

Modifications (not altering text):

C121

Application of subs. (1) extended (1.08.1936) by Air Navigation and Transport Act 1936 (40/1936), s. 58(1), commenced on enactment.

Application to seaplanes of certain provisions of the Merchant Shipping Acts, relating to collisions at sea and signals of distress.

58. (1) The power conferred by sub-section (1) of section 418 of the Merchant Shipping Act, 1894, to make regulations for the prevention of collisions at sea shall include power to make regulations for the prevention of collisions at sea— 

(a) between seaplanes on the surface of the water, and

(b) between vessels and seaplanes on the surface of the water;and accordingly the said section 418, and sections 419, 421 and 424 of the said Act, as amended by any subsequent enactment, shall apply in relation to seaplanes on the surface of the water as they apply in relation to ships or vessels, subject however to the following modifications, that is to say:—

(i) for the purpose of sub-section (2) of the said section 418, and for the purposes of the said section 424, sections 418, 419, 421, and 424 of the said Act shall be deemed to be the only provisions of Part V of the said Act relating to collision regulations or otherwise relating to collisions, and

(ii) any references in the said section 419 to the master or to the person in charge of the deck shall be construed as references to the pilot or other person on duty in charge of the seaplane.

C122

References construed (22.12.1953) by Merchant Shipping Act 1894 (Adaptation) Order 1953 (S.I. No. 398 of 1953), regs. 4-6.

4. The reference in subsection (1) of section 418 of the Act to " the joint recommendation of the Admiralty and the Board of Trade " shall be construed as a reference to the recommendation of the Minister for Industry and Commerce.

5. The references in subsection (2) of section 418 and in section 424 of the Act to "British jurisdiction" and "British court" shall be construed as references to "the jurisdiction of the State" and "a court in the State," respectively.

6. The references in subsection (2) of section 418 and in section 424 of the Act to "British ships" shall be construed as references to Irish ships.

Editorial Notes:

E210

Certain breaches of regulations made under section specified as criminal offences (4.04.2006) by Sea-Fisheries and Maritime Jurisdiction Act 2006 (8/2006), s. 79(2), commenced on enactment.

E211

Power pursuant to section exercised (11.12.2012) by Merchant Shipping (Collision Regulations) (Ships and Water Craft on the Water) Order 2012 (S.I. No. 507 of 2012).

E212

Previous affecting provision: power pursuant to section exercised (19.01.2005) by Collision Regulations (Ships and Water Craft on The Water) (Amendment) Order 2005 (S.I. No. 47 of 2005), in effect as per art. 1(2); revoked (11.12.2012) by Merchant Shipping (Collision Regulations) (Ships and Water Craft on the Water) Order 2012 (S.I. No. 507 of 2012), art. 7(d).

E213

Previous affecting provision: power pursuant to section exercised (1.10.1993) by Collision Regulations (Ships and Water Craft on The Water) (Amendment) Order 1993 (S.I. No. 287 of 1993), in effect as per art. 1(2); revoked (11.12.2012) by Merchant Shipping (Collision Regulations) (Ships and Water Craft on the Water) Order 2012 (S.I. No. 507 of 2012), art. 7(c).

E214

Previous affecting provision: power pursuant to section exercised (15.02.1990) by Collision Regulations (Ships and Water Craft on The Water) (Amendment) Order 1990 (S.I. No. 36 of 1990), in effect as per art. 1(2); revoked (11.12.2012) by Merchant Shipping (Collision Regulations) (Ships and Water Craft on the Water) Order 2012 (S.I. No. 507 of 2012), art. 7(b).

E215

Previous affecting provision: power pursuant to section exercised (7.02.1984) by Collision Regulations (Ships and Water Craft on The Water) Order 1984 (S.I. No. 29 of 1984), art. 8, in effect as per art. 1(2); revoked (11.12.2012) by Merchant Shipping (Collision Regulations) (Ships and Water Craft on the Water) Order 2012 (S.I. No. 507 of 2012), art. 7(a).

E216

Previous affecting provision: power pursuant to section exercised (15.07.1977) by Collision Regulations (Ships and Water Craft on The Water) Order 1977 (S.I. No. 229 of 1977), in effect as per art. 1(2); revoked (7.02.1984) by Collision Regulations (Ships and Water Craft on The Water) Order 1984 (S.I. No. 29 of 1984), art. 8, in effect as per art. 1(2).

E217

Previous affecting provision: power pursuant to section exercised (29.10.1975) by Collision Regulations (Ships and Seaplanes on The Water) (Amendment) Order 1975 (S.I. No. 253 of 1975); revoked (15.07.1977) by Collision Regulations (Ships and Water Craft on The Water) Order 1977 (S.I. No. 229 of 1977), art. 8, in effect as per art. 1(2).

E218

Previous affecting provision: power pursuant to section exercised (1.09.1965) by Collision Regulations (Ships and Seaplanes on The Water) Order 1965 (S.I. No. 185 of 1965), in effect as per art. 1(2); revoked (15.07.1977) by Collision Regulations (Ships and Water Craft on The Water) Order 1977 (S.I. No. 229 of 1977), art. 8, in effect as per art. 1(2).

E219

Previous affecting provision: power pursuant to section exercised (1.01.1954) by Collision Regulations (Ships and Seaplanes on The Water) Order 1953 (S.I. No. 399 of 1953), in effect as per reg. 1(2); revoked (1.09.1965) by Collision Regulations (Ships and Seaplanes on The Water) Order 1965 (S.I. No. 185 of 1965), art. 8, in effect as per art. 1(2).