18.—(1) The Minister may, by regulations, make such provisions as the Minister thinks necessary or expedient for the purpose of ensuring—

(a) the safety of—

(i) passenger boats,

(ii) the passengers and crews of passenger boats, and

(iii) other persons, and of property, from injury or damage caused by, resulting from or arising out of the use of passenger boats,

or

(b) that the use of a passenger boat does not create a disturbance or constitute a nuisance.

(2) Without prejudice to the generality of subsection (1), regulations under subsection (1) may—

(a) require passenger boats to comply with specified standards of seaworthiness (including stability),

(b) require passenger boats to comply with specified standards of construction and maintenance,

(c) require specified classes of passenger boats to carry one or more of the following, that is to say, specified life-saving, fire-fighting, radio and navigation equipment,

(d) prohibit the having on board or the carriage of passengers by vessels, or specified classes of vessels, the subject of licences unless there are in force policies of insurance under which the owners of the vessels or, if the vessels are on hire, the persons to whom they are on hire are insured to a specified extent against specified risks,

(e) make provision for ascertaining and testing the standards of competence of masters and of any other members of the crews of vessels the subject of licences, whether by examination, interview or otherwise, and the prohibition of those who do not reach such standards of competence as the Minister considers appropriate from working as masters or, as the case may be, other members of the crews of such vessels and the prohibition of owners of such vessels from employing as captains or other members of the crews of the vessels those who do not reach such standards as aforesaid,

(f) provide for the registration of passenger boats or specified classes of passenger boats and the licensing or certification of masters or persons in control of or operating passenger boats or passenger boats of a specified class,

(g) regulate the use of passenger boats or specified classes of passenger boats by reference to the age or other qualifications of masters or persons in control of or operating passenger boats or passenger boats of a specified class,

(h) regulate or prohibit the use of passenger boats or specified classes of passenger boats in particular circumstances, and the consumption of alcohol or drugs by masters or persons in control of or operating passenger boats or passenger boats of a specified class,

(i) require and regulate the use of personal flotation devices on specified classes of passenger boats,

(j) regulate vehicles or prohibit classes of vehicles being carried on board a passenger boat designed to carry vehicles,

(k) regulate or prohibit the carriage of goods or materials of a specified class on passenger boats or on passenger boats of a specified class,

(l) regulate the number of persons that may be carried on passenger boats of a specified class, and

(m) regulate or prohibit the towing of anything by or from passenger boats or passenger boats of a specified class.

(3) Regulations under this section may make provision for such consequential, incidental, ancillary and supplementary matters (including the enforcement of the regulations and, with the consent of the Minister for Finance, the charging of fees) as the Minister considers necessary or expedient.

F25[(3A) In making regulations under this section the Minister may categorise passenger boats into different classes, where appropriate, having regard to one or more of the following:

(a) the size, shape, speed or configuration of such boats;

(b) the service for which such boats 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 boats 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 provision may be made in regulations under this section for different classes of passenger boats.

F26[(5) If in respect of a vessel there is a contravention of a regulation under this section—

(a) (other than in respect of a matter referred to in subsection (2)(d)), the owner and (if the vessel is in use) the master of the vessel each commits an offence and each is liable on summary conviction to a class A fine, or

(b) in respect of a matter referred to in subsection (2)(d), the owner of the vessel (or, if the vessel is on hire, the person to whom it is on hire) and the master of the vessel each commits an offence and each is liable—

(i) on summary conviction, to a class A fine or to imprisonment for a term not exceeding 6 months, or to both, or

(ii) on conviction on indictment, to a fine not exceeding €100,000 or to imprisonment for a term not exceeding 2 years, or to both.]]