Merchant Shipping Act 2010

61

Duties of owners and masters (Chapter 6).

61.— (1) It is the duty of the owner and master of a ship to which this Chapter applies—

(a) before the ship is first put into service, or before the ship is put into service in any case after the expiration or cancellation of its minimum safe manning document, to submit or have submitted proposals and an application for a safe manning document in accordance with the requirements and procedures for such application as set out in the safe manning regulations,

(b) to ensure that the ship is manned to comply with the minimum safe manning requirements, specified in the safe manning document, including any conditions specified, and

(c) to ensure that the ship operates in compliance with the safe manning regulations.

(2) In making proposals and application for a minimum safe manning document, the owner of an Irish ship to which this Chapter applies, shall, without prejudice to any other requirements prescribed in the safe manning regulations—

(a) make an assessment of the tasks, duties and responsibilities of the ship’s minimum manning level required for its safe operation, for its security, for protection of the marine environment, and for dealing with emergency situations,

(b) make an assessment of the numbers and grades or capacities or both in the ship’s minimum manning complement required for its safe operation, for its security, for protection of the marine environment, and for dealing with emergency situations,

(c) prepare and submit the proposal for the minimum safe manning level based upon the assessments at paragraphs (a) and (b) justifying the proposal by explaining how the proposed ship’s minimum manning level will deal with emergency situations, including the evacuation of passengers, where necessary, and

(d) ensure that the minimum safe manning level is adequate at all times, and in all respects, including the meeting of peak workload situations, conditions and requirements and is in accordance with the requirements, principles and guidelines prescribed in the safe manning regulations.

Annotations:

Modifications (not altering text):

C8

Application of chapter (ss. 57-63) restricted (1.07.2023) by European Union (international Labour Organisation Work in Fishing Convention) (Safe Manning) Regulations 2023 (S.I. No. 315 of 2023), reg. 4, in effect as per reg. 1(2).

Application

4. These Regulations apply to fishing vessels of 15 metres in Loa and over. Consequently, Chapter 6 of the Act of 2010 no longer applies to fishing vessels 24 metres in length and over.