Merchant Shipping Act 1992
F18[Exemptions from licensing requirements
14A. (1) The Minister may by regulations—
(a) exempt from the requirement to be licensed under section 14, on such terms and conditions as the Minister sees fit, a specified class or classes of vessel where in the opinion of the Minister it is appropriate to do so having regard to the nature of the vessels and the use to which they are to be put, and
(b) in exceptional circumstances, exempt from the requirement to be licensed under section 14, on such terms and conditions as the Minister sees fit, any class of vessel carrying passengers between any inhabited island and the mainland of the State or between islands, where in the opinion of the Minister it is appropriate to do so.
(2) Regulations made under subsection (1) may make provision for safety and other requirements to be met by unlicensed vessels.
(3) If, in respect of a vessel, there is a contravention of regulations made under this section, the owner and the master of the vessel shall each be guilty of an offence and shall each be liable—
(a) on summary conviction, to a fine not exceeding F19[€5,000] or to imprisonment for a term not exceeding 6 months or to both, or
(b) on conviction on indictment, to a fine not exceeding F19[€100,000] or to imprisonment for a term not exceeding 2 years or to both.]
Annotations:
Amendments:
F18
Inserted (16.06.1998) by Merchant Shipping (Miscellaneous Provisions) Act 1998 (20/1998), s. 4(c), commenced on enactment.
F19
Substituted (29.07.2005) by Maritime Safety Act 2005 (11/2005), s. 50(i)(i), (ii), commenced as per s. 1(10). A fine of €5,000 translates into a class A fine not exceeding €5,000 as provided (4.01.2011) by Fines Act 2010 (8/2010), ss. 3, 4(3) and table ref. no. 1, S.I. No. 662 of 2010.
Editorial Notes:
E18
Power pursuant to subs. (1)(a) exercised (1.01.2003) by Licensing of Passenger Boats (Exemption) Regulations 2002 (S.I. No. 274 of 2002, in effect as per reg. 1(ii), as amended (5.12.2002) by Licensing of Passenger Boats (Exemption) (Amendment) Regulations 2002 (S.I. No. 556 of 2002, reg. 2.
E19
Previous affecting provision: power pursuant to section exercised (1.01.2002) by Licensing of Passenger Boats (Exemption) (Number 2) Regulations 2001 (S.I. No. 631 of 2001), in effect as per reg. 1(b); ceased to have effect (31.12.2001) as per reg. 1(b).
E20
Previous affecting provision: power pursuant to section exercised (11.04.2001) by Licensing of Passenger Boats (Exemption) Regulations 2001 (S.I. No. 172 of 2001), in effect as per reg. 1(b); ceased to have effect (31.12.2001) as per reg. 2(b).