Merchant Shipping (Safety Convention) Act 1952
Rules for direction-finders.
F15[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.]
Substituted (3.07.2010) by Merchant Shipping Act 2010 (14/2010), s. 9(1), commenced on enactment.
Modifications (not altering text):
Application of section restricted (3.07.2010) by Merchant Shipping Act 2010 (14/2010), ss. 43(2)(a)(i), 51(30(b), commenced on enactment.
Application (Chapter 4).
(2) The following do not apply to a ship to which this Chapter applies, namely—
(a) rules made under—
(i) section 10, 15, or 18 of the Act of 1952,
Application (Chapter 5).
51. — ...
(3) The following provisions of the Merchant Shipping Acts do not apply to a vessel’s tender, namely— ...
(b) section 10, 15, 18 or 20 of the Act of 1952,
Consequence of non compliance with order under section provided (3.07.2010) by Merchant Shipping Act 2010 (14/2010), s. 88, commenced on enactment.
Prohibition on obstruction of surveyor of ships.
88.— A person who obstructs or impedes or, without reasonable excuse, fails to comply with a request of a surveyor of ships in exercising a power conferred on the surveyor under section 15 or 18 of the Act of 1952, section 8 of the Act of 1966 or section 14, 23, 32, 40, 48, 55, 62, 82 or 84 or authorised person under section 87 commits an offence and is liable on summary conviction to a fine not exceeding €5,000.
Procedure for non compliance with notice under subs. (9) prescribed (3.07.2010) by Merchant Shipping Act 2010 (14/2010), s. 89(1)(a), commenced on enactment.
Application to Circuit Court — compliance order and appeals.
89. —(1) A surveyor of ships may, where a notice is not being complied with—
(a) under section 15(13) or 18(9) of the Act of 1952, section 8(2) of the Act of 1966 or section 14 (10), 23 (2), 32 (2), 40 (2), 48 (2), 82 (9)(b), 84 (10) or 87 (5)(b) in respect of a ship or vessel, make an application to the judge of the Circuit Court in whose Circuit the port in which the ship or vessel is or was berthed or docked at the time of making the application is located, or
(b) under section 83 (5), in respect of a service station, make an application to the judge of the Circuit Court in whose circuit the service station is situated,
for an order to comply with the notice.
Power pursuant to section exercised (8.12.2020) by Merchant Shipping (Navigation and Tracking) (Heading Systems and Testing of Steering Gear) Rules 2020 (S.I. No. 589 of 2020), in effect as per rule 1(1).
Power pursuant to section exercised (3.05.1994) by Merchant Shipping (Cargo Ship Safety Equipment Survey) (Amendment) Rules 1994 (S.I. No. 29 of 1994), in effect as per rule 1(1).
Power pursuant to section exercised (1.12.1983) by Merchant Shipping (Cargo Ship Safety Equipment Survey) Rules 1983 (S.I. No. 312 of 1983), in effect as per rule 1(1).
Previous affecting provision: subs. 18(2) construed (25.01.1983) by Merchant Shipping Act 1981 (33/1981), s. 10, S.I. No. 15 of 1983; repealed (3.07.2010) by Merchant Shipping Act 2010 (14/2010), s. 9(4), commenced on enactment.
Previous affecting provision: power pursuant to section exercised (12.11.1953) by Merchant Shipping (Direction-Finders) Rules 1953 (S.I. No. 342 of 1953); revoked (14.05.1967) by Merchant Shipping (Direction-Finders) Rules 1967 (S.I. No. 104 of 1967), rule 1(2), in effect as per rule 1(3), subject to transitional provision in rule 1(4).