Merchant Shipping Act 1992
Passenger boat licences.
15. — (1) On application to the Minister in that behalf by the owner of a vessel, the Minister shall, subject to subsection (5), grant a licence to the owner in relation to the vessel (which shall be known as a passenger boat licence and is referred to in this Act as “ a licence ”) if, but only if, an authorised person has inspected the vessel not more than 2 months before the date of the application and has stated in a report of the inspection to the Minister in writing that, in his opinion—
(a) the vessel is suitable, subject to such conditions and restrictions (if any) as he may specify, for use as a passenger boat, and
(b) if regulations under section 18 are in force, that it complies with the regulations.
(2) A licence shall contain requirements as to—
(a) the limits (if any) beyond which the vessel shall not ply, and
(b) the maximum number of persons that the vessel concerned is fit to carry.
(3) A licence shall be subject to such conditions and restrictions (if any) as the Minister may impose, at the time of the grant of the licence or subsequently, and any such conditions or restrictions shall be specified in the licence or in another document given or sent to the holder of the licence by the Minister.
(4) Subject to the provisions of this section, a licence shall be in such form as the Minister may determine.
(5) A licence shall, unless previously revoked or suspended, remain in force for such period not exceeding 2 years as the Minister may determine and specify in the licence.
(6) Notwithstanding anything contained in a report for the purposes of subsection (1), if the owner of the vessel concerned has been convicted of—
(a) an offence under subsection (7) (c), or
(b) any other offence that, in the opinion of the Minister, is of such a nature that, in the interests of safety, the person should not be the holder of a licence in relation to the vessel,
the Minister may refuse to grant a licence in relation to the vessel to the person.
(7) If in respect of a vessel there is a failure or refusal to comply with a condition, restriction or requirement specified in the licence relating to it, the owner (or, if the vessel is on hire, the person to whom it is on hire) and the master shall each be guilty of an offence and shall be liable—
(a) on summary conviction, to a fine not exceeding F20[€5,000] or to imprisonment for a term not exceeding 6 months or to both, or
(b) on conviction on indictment of an offence consisting of a failure or refusal to comply with a condition or restriction specified in the licence, to a fine not exceeding F20[€100,000] or to imprisonment for a term not exceeding 2 years or to both, or
(c) on conviction on indictment of an offence consisting of a failure or refusal to comply with a requirement specified in the licence, to a fine not exceeding F20[€100,000] or to imprisonment for a term not exceeding 2 years or to both.
Substituted (29.07.2005) by Maritime Safety Act 2005 (11/2005), s. 50(j)(i)-(iii), 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.
Modifications (not altering text):
Application of section restricted (3.07.2010) by Merchant Shipping Act 2010 (14/2010), s. 51(3)(c), commenced on enactment.
Application (Chapter 5).
(3) The following provisions of the Merchant Shipping Acts do not apply to a vessel’s tender, namely— ...
(c) section 6 or 15 of the Act of 1992,