S.I. No. 265/1966:

MERCHANT SHIPPING (FEES) (AMENDMENT) ORDER, 1966.

MERCHANT SHIPPING (FEES) (AMENDMENT) ORDER, 1966.

I, ERSKINE H. CHILDERS, Minister for Transport and Power, in exercise of the powers conferred on me by section 5 of the Merchant Shipping (Amendment) Act, 1939 (No. 12 of 1939), section 5 of the Merchant Shipping (Safety Convention) Act, 1952 (No. 29 of 1952), section 4 of the Mercantile Marine Act, 1955 (No. 29 of 1955), and the Transport, Fuel and Power (Transfer of Departmental Administration and Ministerial Functions) Order, 1959 ( S.I. No. 125 of 1959 ), and with the consent of the Minister for Finance, hereby order as follows :

1. (1) This Order may be cited as the Merchant Shipping (Fees) (Amendment) Order, 1966.

(2) This Order shall come into operation on the 29th day of December, 1966.

(3) This Order and the Merchant Shipping (Fees) Order, 1963 ( S.I. No. 266 of 1963 ), may be cited together as the Merchant Shipping (Fees) Orders, 1963 and 1966.

2. The Merchant Shipping (Fees) Order, 1963, is hereby amended by the substitution for the First and Second Schedules thereto of the following :

FIRST SCHEDULE.

FEES PAYABLE IN CONNECTION WITH THE ISSUE OF CERTIFICATES, SURVEYS OF SHIPS AND OTHER MERCANTILE MARINE SERVICES.

NOTES

(1) Except where otherwise stated, the appropriate fees must be paid before any survey, inspection (other than an inspection relating to a certificate mentioned at reference number 1) or service can be undertaken. In cases where the fee cannot be assessed beforehand (e.g. tonnage measurements), a deposit sufficient to cover the probable charge is required and any outstanding expenses or balance of fees must be paid before the case is completed.

(2) Fees and expenses under the First Schedule must in every case be paid to the Superintendent of a Mercantile Marine Office and not to Surveyors.

(3) An official receipt is given for all payments.

1. Fees for a general safety certificate or a qualified safety certificate together with an exemption certificate for:--

NOTES

(1) The fees specified at subparagraph (a) above must be paid in full in respect of a new ship or a ship coming under survey for the first time even though a certificate for twelve months may not be required. In other cases when a certficate for less than twelve months is required the fee will be in proportion to the period from the date of termination of the survey to the date of expiration of the certificate at the rate of 1/12th of the full fee for each month or part of a month but in no case shall less than 3/12ths of a twelve months' fee be paid nor less than £20 for a vessel not exceeding 100 tons gross or £30 for a ship exceeding that tonnage.

(2) In any case in which the duration of the certificate has been limited by the Surveyor's declaration owing to special reasons rendering one or more further surveys necessary within the ensuing twelve months the total fees paid for certificates covering the period of twelve consecutive months shall not exceed that payable for a twelve months' certificate.

(3) The fees specified at subparagraphs (a), (b) and (c) above--

(i) include the fees for the survey of the ship and are not returnable when the survey has been carried out, and the certificate cannot be issued due to a deficiency of the hull, equipment or machinery of the ship;

(ii) cover any number of visits which a Surveyor may require to make before granting his declaration and include the survey of the hull, boilers and propelling machinery (including the test of the material), and the inspection of the equipment of the ship, including the lights and fog signals. The full fee under subparagraph (a) covers a survey for loadline if both surveys are made at the same time. It does not, however, include inspection of the crew spaces (para. 11 (iii)), or measurement for tonnage (para. 6).

2. Fees for a safety equipment certificate or a qualified safety equipment certificate together with an exemption certificate.

These fees are in addition to the fee for a safety equipment certificate, a qualified safety certificate and a qualified safety equipment certificate.

4. Fees for the inspection of life-saving appliances:

(a) For the inspection on the application of the owner (not being an inspection made with a view to the issue of a passenger steamer's certificate or of any of the certificates referred to in sections 20 and 22 of the Merchant Shipping (Safety Convention) Act, 1952 ) under section 431 of the Merchant Shipping Act, 1894 (as amended by section 13 of the Merchant Shipping (Safety Convention) Act, 1952 ) of a ship other than a passenger steamer either during construction of the ship or otherwise for the purpose of seeing that the ship complies with the rules made under section 427 of the Merchant Shipping Act, 1894 as amended by section 11 (1) of the Merchant Shipping (Safety Convention) Act, 1952 )

For a complete inspection of ships:--

For a partial inspection:--

The fees at subparagraphs (a) and (d) above include the issue of a report of inspection. If the boats or buoyant apparatus are for a passenger ship or for a cargo ship requiring a safety equipment certificate the fees are in addition to the usual fees for a certificate.

5. Fees for Inspection of Radio installation.

(a) For the inspection of a ship on the application of the owners (not being an inspection for the purpose of issuing a passenger steamer's certificate or a radio or a radio exemption certificate) for the purpose of seeing that she is properly provided with radio installation and radio officers or radio telephone operators:

(b) For the inspection of a ship for such purposes otherwise than on the application of the owner if the ship is found not to be properly provided with a radio installation and radio officers or radio telephone operators.

6. Fees for Inspection for Certificate of Measurement and Build.

I. Ordinary Tonnage measurement:

(a) (i) Subject to the provisions of subparagraph (b), for ships of which the hold is clear and in all other cases where, in consequence of alterations, re-measurement of the ship's underdeck tonnage is required:

(ii) For ships with cargo on board, one half the foregoing fees shall be payable.

(iii) For fishing vessels not exceeding 300 tons one half the fees at (i) or (ii) above shall be payable.

(b) For the inspection and re-measurement of any of the items specified in this subparagraph the fees specified in this sub-paragraph shall be payable in respect of each item, unless a fee is paid under clause (i) or (ii) of sub-paragraph (a) for inspection, measurement or re-measurement done at the same time:--

(i) alterations on the upper deck;

(ii) alterations in the engine room;

NOTES

(1) If a vessel previously measured as at (a) (ii) is re-measured as at (a) (i), the full fee prescribed in sub-paragraph (a) (i) is payable without any deduction.

(2) The fees paid in accordance with scales set out at sub-paragraph (a) (i) and (ii) cover any number of visits which the Surveyor may find it necessary to make before he is able to complete the Survey.

II. Re-measurement of foreign ships for renewal of tonnage certificate or for ships seeking re-registry (including issue of certificate).

III. For inspection of minor alterations (e.g. of rig, engines, etc.) prior to grant of Certificate of Measurement and Build:

These details will be supplied in special cases only.

7.          FEES FOR SURVEY FOR LOAD LINE.

(1) Standard Fees.

OTHER FEES.

(2) Annual survey carried through in one operation:--

For every annual survey of any ship over 300 tons (classed or unclassed) which is carried through in one operation there shall be paid--

(a) the standard fee, and

(b) in addition, a single fee of £10 0s. 0d. if for the purposes of the survey more than one visit is paid to the ship by the Surveyor.

(3) Annual survey not carried through in one operation:--

For every annual survey of any ship (classed or unclassed) which is not carried through in one operation there shall be paid--

(a) the standard fee,

(b) in addition, a fee of £10 0s. 0d. for every partial annual survey, and

(c) for any ship over 300 tons, in addition, a single fee of £8 15s. for every partial annual survey in respect of which for the purposes of the partial annual survey, more than one visit is paid to the ship by the Surveyor.

(4) Renewal survey carried out concurrently with a special survey for classification purposes:--

In the case of the survey of a classed ship for renewal of the Load Line Certificate, the fee in column (2) shall be paid if the renewal is carried out concurrently with a special survey for classification purposes, for which a fee is charged. Otherwise the fee will be 50 per cent. of that in column (1).

(5) Issue or renewal survey carried out concurrently with survey for Passenger or Passenger and Safety Certificate:--

Where the survey for the issue or renewal of a Load Line Certificate is carried out by a Surveyor concurrently with that for a Passenger or Passenger and Safety Certificate, and the ship is:--

(a) a classed ship--no fee will be charged under column (1) or column (2);

(b) an unclassed ship--half the fee under column (4) or column (5) shall be paid.

(6) Annual survey carried out concurrently with survey for Passenger or Passenger and Safety Certificate:--

Where the annual load line survey is made at the same time as the survey for the issue of a Passenger or Passenger and Safety Certificate no fee will be charged under column (3) or column (6).

(7) Survey where minor alterations have been made to a ship:--

Where minor alterations have been made to a ship having a Load Line Certificate in force, which involve an alteration of the freeboard but do not require a full survey, the fee in column (2) shall be paid whether the ship is classed or unclassed.

(8) Partial survey for issue of a short-term certificate:--

Where for special reasons a partial survey is made and a certificate is issued or renewed for a period not exceeding twelve months, one half of the standard fee appropriate to a full survey shall be paid.

8. Fees for Survey for Seaworthiness.

(a) for the survey of a ship by a direction of a Court under Section 463 of the Merchant Shipping Act, 1894,

(i) by a surveyor appointed by the Minister for Transport and Power under Section 724 of the Merchant Shipping Act, 1894--

Note:--These fees do not include any other service.

(b) for the survey of a ship finally detained or where it appears that a ship provisionally detained was at the time of that detention an unsafe ship:--

(i) if detained because of overloading, improper loading, insufficient ventilation of coal cargoes, undermanning, or defective equipment, such as chronometers or charts, the fee payable shall be that prescribed in subparagraph (a) (i);

(ii) if the ship is detained because of defective hull or machinery the fee payable shall be that prescribed in subparagraph (a) (ii);

(c) for the survey of a ship detained under Part II of the Merchant Shipping (Safety and Load Line Convention) Act, 1933,

(i) for the submersion of the appropriate Load Line the fee payable shall be that prescribed in subparagraph (a) (i);

(ii) for being unmarked or being improperly marked with load lines or for failure to deliver up an expired Load Line Certificate:

(d) for survey before transfer to a foreign flag the fees payable shall be those set out in subparagraph (a) (ii).

9. Survey for Seaworthiness Prior to re-registry, of a Ship whose Registry has been Closed on Account of Wreck, Etc.

Fee for a certificate under section 75 of the Mercantile Marine Act, 1955 :

This fee covers:

(i) inspection of crew spaces and lights and fog signals;

(ii) survey for load-line, except in the case of hulks and lighters, provided the load-line survey is held at the same time as the survey for seaworthiness and provided the fee for survey for load-line is not the greater in which case the balance is payable.

10. Fees for the Inspection of Plans.

(a) Designs of hulls of proposed ships:

Note:--The foregoing fees which relate to the examination of preliminary plans are additional to any fees which may later become chargeable for other services.

(b) Designs of boilers, machinery, etc.

(c) Loading of grain cargoes:

11. Fees for Miscellaneous Surveys and Inspections.

(i) Survey of marine boilers prior to issue of general safety certificate under the Merchant Shipping Act, 1894:--

This fee covers the inspection of the drawings and the survey of the boiler or boilers up to and including the hydraulic test, but no declaration or certificate can be issued until either the fee for a passenger steamer's certificate or a fee of pound;7 5s. 0d. for a certificate of inspection has been paid. If the ship for which the boilers are intended is ultimately surveyed for a passenger steamer's certificate before the boilers have been in use these fees will be considered as a portion of the survey fee for such certificate and credit will be given for them accordingly.

12. Surveyors' Fees.

(i) Surveyors' Expenses:

(iii) Overtime fees:

Scale of overtime charges:

For inspections in connection with the illumination from a ship of lifeboats in process of and after launching and for tests of lifeboat searchlights, one-half the fees specified in this sub-paragraph.

Periods of less than one hour will be charged as one hour according to the scale.

For periods exceeding one hour, one-quarter fee will be charged for each quarter or part quarter of an hour, according to the scale.

Application for services by Surveyors out of office hours should be made on the prescribed form. The application must include an undertaking to pay the overtime fees.

The fees cover the services of all Surveyors, except that if the services of an Engineer Surveyor in addition to those of an Emigration Officer are required before an emigrant ship can be cleared, the survey made by the Engineer Surveyor will be regarded as a separate one and overtime fees will be charged in respect of both officers.

Where the service cannot be commenced at the hour stated in the application or cannot be completed without interruption or if there is delay after completion, the time during which the Surveyors are kept waiting shall be charged at half the full appropriate overtime rate subject to a maximum fee of £44. This will not apply to the clearance of emigrant ships where the delay is due to circumstances outside the shipowner's control.

Time occupied in travelling will not be deemed overtime except time spent on a tender between the shore and the ship which will be charged at half the full overtime rates.

(iv) Medical Inspection under section 306 of the Merchant Shipping Act, 1894.

Services by medical inspectors out of office hours:

Overtime fees in accordance with the following scale shall be charged in addition to those specified in subparagraph (iii):

When attendance is required before 9 a.m. and after 5 p.m. on the same day the overtime fee will be payable in respect of each period.

These charges cover the whole of the inspection time occupied by the Medical Inspector.

Where three clear days' notice has been given of the survey or inspection and official arrangements have not allowed of the service being done within office hours, i.e., 9 a.m. to 5 p.m., no overtime charge will be made.

13. Fees for Services by the Staff of Mercantile Marine Offices.

Fees for Engagement and Discharge of Seamen

(a) For the engagement or discharge of seamen (other than members of the crews of fishing boats) before a Superintendent or his duly appointed deputy:--

(b) Additional fees for the engagement and discharge of seamen on board ship:--

Provided that if any seamen are engaged on board a ship immediately after their discharge on board that ship the additional fee payable by reason of their engagement on board ship shall be half that specified above.

The actual travelling expenses of the Superintendent and his assistants between the Mercantile Marine Office and the ship shall be charged in addition in every case.

For a service occupying less than an hour the charge shall be as for one hour according to the scale.

For a service occupying more than one hour but not an exact number of hours:--

For each period of 30 minutes or less in excess of an exact number of hours half the appropriate fee for 1 hour, the maximum charge in any one case to be limited to that for 10 hours.

If from unforeseen circumstances the service cannot be commenced at the time stated on the form of application or cannot be completed without interruption, the time during which the officers remain idle shall be charged for at half the appropriate overtime rate subject to a limit of 10 hours.

(f) Waiting time during office hours.

Where the engagement or discharge of a crew takes place on board ship during office hours but does not commence at the time stated on the form of application the following charges for waiting time shall be payable:

Where the waiting time extends beyond office hours a charge for that part of the waiting time which is outside office hours shall be calculated separately at the rates specified in subparagraph (e).

14. Fees for Examination for Certificates of Competency as Masters, Mates, Engineers and Skippers and Second Hands.

If a candidate for any Certificate of Competency fails in the sight tests only, the fee of ten shillings for examination in the sight tests will be deducted and the balance of the fee returned. If a candidate fails in any other part of the examination no part of the fee shall be returned.

A candidate for a Certificate of Competency as Master, Mate, Engineer, Skipper or Second Hand or any person enquiring as to his eligibility for examination, must pay the appropriate fee before any enquiry is made as to his qualifications.

15. Able Seamen and Efficient Deck Hands.

16. Lifeboatmen.

17. Sight Tests:

If a candidate is required to undergo a special examination no additional fee is charged but where a candidate appeals for a special examination a fee of £4 shall be payable which shall be returned if the candidate is successful.

In exceptional cases a second appeal may be allowed for which a fee of £8 shall be payable.

18. Signal Letters.

19. Inspection of Registers and Miscellaneous Fees.

The following fees shall be payable for the Inspection of Registers, for reference to documents, or for searches made in the records of ships and seamen, and for copies of, or extracts from, those documents (see Note (a))--

REGISTRY OF SHIPS

Notes to Paragraph 19. (a) The fees under this paragraph shall not be charged to Government Departments or to Consuls or other representatives of Foreign Governments when the inspection, etc., is required for official purposes.

The Agreement and Official Log Book of a ship for one voyage, or in case of Running Agreements (Home or Foreign Trade) for one half-year, are to be regarded as constituting one record.

When Certificates are lost by shipwreck or fire at sea, renewals or copies shall be issued without fee.

(b) This fee is for the attendance of an officer for one day only. An additional charge of 8s. 6d. a day shall be made for each document produced.

If an officer attends to produce documents at the hearing of two or more separate cases in the same Court on the same day, only one attendance fee shall be charged if the solicitor requiring the attendance is the same in all the cases. If different solicitors are concerned the full attendance fee shall be charged for each case. In either event the fee of 8s. 6d. a day for each document produced shall be charged.

(c) No charge shall be made for a book (Dis. A) when the original has been lost through shipwreck or fire at sea or for a continuation book when the original has been filled.

SECOND SCHEDULE.

FEES FOR REGISTRATION, TRANSFER AND MORTGAGE OF SHIPS.

Notes.--Fees under this Schedule are payable to Registrars of Ships.

--Vessels belonging to the Commissioners of Irish Lights and vessels solely employed in fishing are exempt from the fees mentioned in this Schedule.

(a) On initial registry, registry anew, and transfer of registry.

(b) Transfer and Mortgage

On the transfer, transmission, mortgage and transfer of mortgage. According to the gross tonnage of ship or shares transferred, mortgaged or transmitted e.g. the transfer of one sixty-fourth share in a ship of 6,400 tons gross equals transfer of 100 tons gross.

GIVEN under my Official Seal, this 8th day of December, 1966.

ERSKINE H. CHILDERS,

Minister for Transport and Power.

The Minister for Finance hereby consents to the making of the foregoing Order.

GIVEN under the Official Seal of the Minister for Finance, this 8th day of December, 1966.

CHARLES J. HAUGHEY.

EXPLANATORY NOTE.

This Order amends the First and Second Schedules of the Merchant Shipping (Fees) Order, 1963, to provide for the payment of increased fees for various services in relation to shipping.