S.I. No. 91/1973:

MERCHANT SHIPPING (CERTIFICATION OF ABLE SEAMEN) REGULATIONS, 1973.

MERCHANT SHIPPING (CERTIFICATION OF ABLE SEAMEN) REGULATIONS, 1973.

I, PETER BARRY, Minister for Transport and Power, in exercise of the powers conferred on me by section 12 of the Merchant Shipping Act, 1947 (No. 46 of 1947), and the Transport, Fuel and Power (Transfer of Departmental Administration and Ministerial Functions) Order, 1959 ( S.I. No. 125 of 1959 ), hereby make the following Regulations:

1. (1) These Regulations may be cited as the Merchant Shipping (Certification of Able Seamen) Regulations, 1973.

(2) The Regulations shall come into operation on the 1st day of July, 1973.

(3) The Merchant Shipping (Certification of Able Seamen) Regulations, 1957 ( S.I. No. 109 of 1957 ), are hereby revoked.

2. In these Regulations, save where the context otherwise requires:

"Minister" means the Minister for Transport and Power;

"certificate of qualification" means a certificate of qualification as an Able Seaman granted in accordance with the Merchant Shipping (Certification of Able Seaman) Regulations, 1957 ( S.I. No. 109 of 1957 );

"certificate of competency" means a certificate of competency as an Able Seaman granted in accordance with these Regulations;

"examination" means examination for a certificate of competency conducted by an examiner appointed for the purpose by the Minister;

"major ship" means a ship having, in the case of a sailing ship, a gross tonnage of 40 tons or more and, in the case of any other ship, a gross tonnage of 100 tons or more;

"minor ship" means a ship (not being a ship having a gross tonnage of less than 15 tons) having, in the case of a sailing ship, a gross tonnage of less than 40 tons and, in the case of any other ship, a gross tonnage of less than 100 tons;

"responsible authority" means, in relation to a school or course, the person in charge of that school or course as the case may be;

"satisfactorily" means to the satisfaction of the responsible authority.

3. Subject to these Regulations, a person shall not be engaged as an Able Seaman on any ship registered in the State which is engaged in the transport of cargo or passengers for the purpose of trade unless he holds a certificate of qualification or a certificate of competency.

4. (1) A certificate of competency as an Able Seaman shall be granted only to a person who satisfies the Minister that:--

( a ) he has attained the age of 18 years,

( b ) he has performed the appropriate qualifying service at sea specified in these Regulations,

( c ) he has passed an examination of proficiency based on a syllabus approved by the Minister,

( d ) he holds a lifeboatman's certificate issued under Rule 41 of the Merchant Shipping (Life-Saving Appliances) Rules, 1967 ( S.I. No. 100 of 1967 ), and

( e ) he has, otherwise than for the purpose of receiving instruction, taken turns at the wheel in steering a major ship (not being a fishing boat) for periods totalling not less than ten hours.

(2) Notwithstanding paragraph (1) of this Regulation a person who, before the 1st day of October, 1957, was serving in the deck department as an Able Seaman or in an equivalent or superior capacity in a ship for which an agreement with the crew was required under Part II of the Merchant Shipping Act, 1894, shall be entitled to the grant of a certificate of competency.

5. (1) A person shall not be eligible to take the examination referred to in Regulation 4 (1) (c) unless he has either :--

( a ) (i) attained the age of 18 years,

(ii) otherwise than for the purpose of receiving instruction, taken turns at the wheel in steering a major ship (not being a fishing boat) for periods totalling not less than ten hours, and

(iii) performed the appropriate qualifying service at sea specified in Regulations 8 and 9 of these Regulations, or

( b ) served at sea as an engine room rating and satisfactorily completed a conversion course approved by the Minister and providing training in the duties of a deck rating for persons who have served as an engine room rating.

(2) Application to take the said examination may be made at any Mercantile Marine Office, and every such application shall be in such form, contain such particulars and be accompanied by such documentary evidence of experience and qualifications as the Minister may require.

6. (1) A person who has complied with paragraph (1) or paragraph (2) of Regulation 4 may apply at any Mercantile Marine Office for the grant of a certificate of competency, and every such application shall be in such form as the Minister may require.

(2) In the case of an applicant who has complied with paragraph 1 of Regulation 4, the application shall be accompanied by--

( a ) certificates of discharge, and such other certificates signed by the masters of ships in which the applicant has served, as may be necessary to establish to the satisfaction of the Superintendent of the Mercantile Marine Office that the applicant has performed the necessary qualifying service, and (in any case in which any reduction in the period of such qualifying service is claimed under provisions of Regulation 9) the certificate or certificates therein referred to;

( b ) a lifeboatman's certificate issued under Rule 41 of the Merchant Shipping (Life-Saving Appliances) Rules, 1967 ( S.I. No. 100 of 1967 ); and

( c ) a certificate showing to the satisfaction of the Superintendent of the Mercantile Marine Office that the applicant has complied with Regulation 4 (1) (c).

(3) In the case of an applicant who claims to be qualified by virtue of Regulation 4 (2), the application shall be accompanied by certificates of discharge or by an appropriate certificate of service sufficient to establish to the satisfaction of the Superintendent of the Mercantile Marine Office that the applicant is so qualified.

(4) Every such application when duly completed shall be lodged with the Superintendent of the Mercantile Marine Office who shall, if satisfied that the applicant is entitled to the grant of a certificate of competency, cause such a certificate to be issued to the applicant, or, if not so satisfied, inform the applicant in writing that his application is refused, stating the reasons for such refusal.

7. (1) Examinations for certificates of competency shall be held at such places and times as the Minister shall deem expedient, and of which such notice shall be given by the Minister as he deems expedient.

(2) Certificates of competency shall, subject to these Regulations, be granted to successful candidates at such examinations.

8. (1) Qualifying service at sea for the purpose of Regulations 4 (1) and 5 (1) (a) of these Regulations shall be either--

( a ) service as a deck rating in a ship other than a ship having a general purpose or integrated crew (referred to in this Regulation as service as a deck rating),

( b ) service as a general purpose rating in a ship having a general purpose or integrated crew (referred to in this Regulation as service as a general purpose rating), or

( c ) service consisting partly of service as a deck rating and partly of service as a general purpose rating (referred to in this Regulation as mixed service).

(2) Subject to this Regulation and to Regulation 9, the period of qualifying service shall be as follows:

( a ) for the purposes of Regulation 5 (1) (a)--

(i) in the case of service as a deck rating, 12 months;

(ii) in the case of service as a general purpose rating, 18 months;

(iii) in the case of mixed service, a period of between 12 and 18 months such that the component periods of service as a deck rating and as a general purpose rating respectively, expressed as percentages of the periods prescribed in relation thereto in sub-paragraphs (i) and (ii), total 100 per cent;

( b ) for the purpose of Regulation 4 (1), in the case of each type of service the period specified in relation thereto in subparagraph (a) of this paragraph, together with a further period of 2 years.

(3) In calculating the length of periods of qualifying service for the purpose of paragraph (2) of this Regulation--

( a ) a period of service in a minor ship shall count as one half of the period actually so served;

( b ) service in a ship having a gross tonnage of less than 15 tons shall be disregarded;

( c ) every day by which a period of actual service in a ship exceeds the number of months comprised in that period, and every day of such service comprised in a period of actual service of less than one month, shall be treated as 1/30th of a month of actual service;

( d ) the length of every period of actual service in a ship shall be calculated separately.

(4) Every period of qualifying service shall include a proportion of service in major ships other than fishing boats, amounting to not less than 25 per cent.

9. (1) Subject to paragraph (3) of this Regulation, a person producing a certificate issued by the responsible authority and showing that he has satisfactorily completed or passed--

( a ) a course of pre-sea training at a nautical training school approved by the Minister shall be entitled to a reduction--

(i) in the period of qualifying service required under Regulation 8 (2) (a) of 4 weeks;

(ii) in the period of qualifying service required under Regulation 8 (2) (b), of one month for each period of 4 weeks' attendance and training on that course, less any reduction made pursuant to subparagraph (i);

( b ) both a course described in subparagraph (a) and a course of pre-sea training at a training school approved by the Minister shall be entitled to a reduction in the period of qualifying service required under Regulation 8 (2) (b) of one month for each period of 4 weeks' attendance and training on each of the two courses specified.

(2) A person who has served at sea as an engine room rating and has satisfactorily completed a conversion course approved by the Minister providing training in the duties of a deck rating for persons who have served as engine room rating shall, on producing satisfactory evidence of such service and a certificate issued by the responsible authority that he has satisfactorily completed the conversion course, be entitled to a reduction in the period of qualifying service required under Regulation 8 (2) (b) of--

( a ) one week for every complete week's attendance and training on the conversion course subject to a maximum of 4 weeks, and

( b ) 50 per cent of the total length of his service at sea as an engine room rating subject to a maximum of 6 months.

(3) A person shall not be entitled, by virtue of paragraph (1) of this Regulation, to a reduction or reductions of qualifying service exceeding a total of 6 months, or, by virtue of subparagraphs (a) or (b) of that paragraph, to a reduction or reductions of qualifying service exceeding the maximum reductions specified by the Minister in relation to a school approved by him.

10. A certificate of competency as an Able Seaman granted in another State by an authority recognised for the purpose by the Government of that State shall be accepted as equivalent to a certificate of competency under these Regulations if the Minister has so directed on being satisfied that every such certificate so granted is granted on principles ensuring that the holder has adequate qualifications for service as an Able Seaman.

11. Section 104 of the Merchant Shipping Act, 1894 (which relates to forgery and other offences relating to certificates of competency of ships' officers granted under that Act) shall apply in relation to certificates of qualification or certificates of competency as they apply in relation to certificates of competency of ships' officers granted under that Act.

12. (1) Where a certificate of qualification or a certificate of competency is lost or destroyed, the holder shall notify the Minister who shall, if satisfied that it has been so lost or destroyed, issue a copy (so marked) of the certificate of qualification or certificate of competency which shall have the same effect as the certificate of qualification or certificate of competency originally issued.

(2) Any certificate notified as aforesaid as lost or destroyed shall be returned to the Minister if it is subsequently recovered.

GIVEN under my official Seal this 6th day of June, 1973.

PETER BARRY,

Minister for Transport and Power.

EXPLANATORY NOTE.

These Regulations prescribe requirements for the grant to seamen of Certificates of Competency as Able Seamen (A.B.). They revoke and replace, with amendments, the Merchant Shipping (Certification of Able Seamen) Regulations, 1957.

The principal amendments now made are as follows:--

(1) Service at sea reckonable as qualifying service for the grant of a certificate will now include, in addition to service as a deck rating, service as a general purpose rating in ships having general purpose or integrated crews (Regulation 8);

(2) The extent to which prescribed periods of qualifying service may be reduced in the case of persons who have undergone courses of pre-sea training at prescribed training schools and establishments is altered, and new provisions are made for such reduction in the case of a person who has served at sea as an engine-room rating and undergone a course of training in the duties of a deck rating (Regulation 9);

(3) The requirements relating to the examination to be taken for the grant of a certificate, including the qualifications of applicants and the manner in which the examination may be taken, have been revised.