S.I. No. 13/1981:

MERCHANT SHIPPING (CERTIFICATION OF DECK OFFICERS) REGULATIONS, 1981.

MERCHANT SHIPPING (CERTIFICATION OF DECK OFFICERS) REGULATIONS, 1981.

I, ALBERT REYNOLDS, Minister for Transport, in exercise of the powers conferred on me by sections 3 and 8 of the Merchant Shipping (Certification of Seamen) Act, 1979 (No. 37 of 1979), and the Tourism and Transport (Alteration of Name of Department and Title of Minister) Order, 1980 ( S.I. No. 11 of 1980 ) hereby make the following Regulations:--

PART I Preliminary and General

1. These Regulations may be cited as the Merchant Shipping (Certification of Deck Officers) Regulations, 1981 and shall come into operation on the 1st day of September, 1981.

2. (1) In these Regulations--

"the Act of 1894" means the Merchant shipping Act, 1894;

"the Act of 1979" means the Merchant Shipping (Certification of Seamen) Act, 1979 ;

"certificate of competency" means a certificate of competency as a deck officer granted in accordance with these Regulations;

"certificate of service (deck officer)" means a certificate of service (deck officer) granted in accordance with these Regulations;

"command endorsement" means a command endorsement endorsed on a certificate of competency by virtue of these Regulations;

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

"fishing boat" has the same meaning as in section 370 of the Act of 1894;

"GRT" in relation to a ship, means its gross registered tonnage, the gross tonnage of a ship having alternative gross tonnages being taken to be the larger of those tonnages;

"location" includes any offshore installation, any other installation (whether floating or resting on the sea-bed or the subsoil thereof), or any location at sea defined by reference to its latitude and longitude;

"Marine notice" means a notice so described and issued by the Department of Transport;

"Minister" means the Minister for Transport;

"Offshore installation supply vessel" means a vessel which performs services (including the carriage of supplies or passengers, or supplies and passengers) in respect of an offshore installation;

"partially smooth waters" means, in relation to any period specified in the First Schedule to the Merchant Shipping (Life-Saving Appliances) Rules, 1967 ( S.I. No. 100 of 1967 ), the waters of any of the areas specified in column 3 in relation to the period, weather or ship;

"passenger ship" means a ship carrying more than 12 passengers, but does not include such a ship in respect of which there is or should be in force one of the following certificates--

( a ) Passenger Certificate Class IV, being a certificate for ships engaged only on voyages in partially smooth waters, or in smooth and partially smooth waters;

( b ) Passenger Certificate Class V, being a certificate for ships engaged only on voyages in smooth waters;

( c ) Passenger Certificate Class VI, being a certificate for ships engaged only on voyages with not more than 250 passengers on board, to sea, in smooth or in partially smooth waters, in all cases in fine weather and during restricted periods, in the course of which the ships are at no time more than 15 miles (exclusive of any smooth waters) from their point of departure or more than 3 miles from land;

"petroleum products" means the following substances produced directly or indirectly from crude oil--fuels, lubricants, bitumen, wax, industrial spirits and any wide-range substance, that is to say, a substance whose final boiling point at normal atmospheric pressure is more than 50°C higher than its initial boiling point;

"pleasure craft" means a vessel of less than 80 GRT primarily used for sport or recreation;

"proper officer" means an Irish Consul, a Superintendent of the Mercantile Marine Office or any officer in a port in the State exercising the functions of such a Superintendent;

"qualified deck officer" means an officer of the deck department who is qualified under Regulation 4 (2) of these Regulations;

"restricted period" means a period falling wholly within the following limits--

( a ) from the 1st day of April to the following 31st day of October, and

( b ) (i) in the case of ships fitted with navigation lights which conform to the collision regulations made under section 418 of the Act of 1894, between one hour before sunrise and one hour after sunset, and

(ii) in the case of all other ships, between sunrise and sunset;

"sail training ship" means a ship of 80 GRT or over, which is equipped to be propelled by sail (whether or not provided with a propulsion engine) and which carries to sea (in addition to the trained crew) persons under training or instruction;

"smooth waters" means waters other than the sea or partially smooth waters, and includes waters of any of the areas specified in the second column of the First Schedule to the Merchant Shipping (Life-Saving Appliances) Rules, 1967 ( S.I. No. 100 of 1967 );

"specified by the Minister" means specified in the Department of Transport Merchant Shipping publication entitled "Directions as to the Examination of Deck Officers under the Merchant Shipping Acts'';

"trading area" means an area specified in Schedule 2 to these Regulations;

"tug" means a vessel constructed solely for the purpose of providing external motive power for floating objects or vessels and normally used for that purpose.

(2) In these Regulations--

( a ) references to a certificate of a numbered class are references to a certificate of the class which bears that number as indicated in Regulation 4 (3) (a) of these Regulations;

( b ) references to a certificate with a command endorsement shall be construed in accordance with Regulations 7 and 8 of these Regulations.

3. (1) These Regulations apply to all ships of the following descriptions, other than fishing boats and pleasure craft, which go to sea beyond the limits of smooth or partially smooth waters--

( a ) ships registered in the State which are--

(i) passengers ships, or

(ii) ships, other than passenger ships, but including tugs and sail training ships;

( b ) ships registered outside the State which carry passengers--

(i) between places in the State, or

(ii) on a voyage which begins and ends at the same place in the State and on which the ships call at no place outside the State.

(2) In respect of ships operating to, from or between locations in such closely defined limits as may be specified in a Marine Notice, the Minister may grant exemptions from all or any of the provisions of these Regulations (as may be specified in the exemption) for classes of cases or individual cases on such terms as he may so specify and may, subject to giving reasonable notice, alter or cancel any such exemptions.

PART II Certification of Deck Officers

4. (1) Every ship to which these Regulations apply shall carry such number of qualified deck officers as is required by Part III of these Regulations.

(2) For the purposes of these Regulations an officer shall be qualified if he is the holder for the time being of a certificate of competency issued under these Regulations, or of a certificate which is to be treated as equivalent to such a certificate by virtue of Regulation 5 of these Regulations, and, at the material time, any such certificate is in force in relation to the person named in it and is of a class appropriate to the deck officer's capacity in the ship.

Classes of Certificates.

(3) ( a ) Certificates of competency shall be issued, in accordance with these Regulations, of the following classes:

Certificate of Competency (Deck Officer) Class 1 (Master Mariner)

Certificate of Competency (Deck Officer) Class 2

Certificate of Competency (Deck Officer) Class 3

Certificate of Competency (Deck Officer) Class 4

Certificate of Competency (Deck Officer) Class 5

( b ) Command endorsements shall be issued, in accordance with these Regulations, as follows:

Master (Middle Trade) Endorsement

Master (Near Continental) Endorsement

Tugmaster Endorsement

Tugmaster (Near Continental) Endorsement.

(4) For the purpose of these Regulations a certificate of competency of a Class set out in the list in paragraph (3) (a) of this Regulation shall be treated as being a certificate of a higher class than a certificate of any class which is set out after it in that list.

(5) Notwithstanding paragraph (4) of this Regulation, a certificate of competency without a command endorsement shall not be treated as being a certificate of a higher class than a certificate of any class which is set out after it in the list in paragraph (3) (a) of this Regulation if the lower class certificate is endorsed with a command endorsement and a certificate of competency endorsed with a command endorsement shall not be treated as a certificate of a higher class than a certificate of competency set out before it in that list.

5. (1) ( a ) the Minister may specify that the standard of competence to be attained by deck officers of any description may be the standard of competence required for the issue of a certificate of competency by an authority empowered in that behalf by the laws of another country and that a certificate issued by any such authority shall be treated as evidence of the attainment of a standard of competence equivalent to the standard required for the issue of a specified class of certificate under these Regulations.

( b ) Any certificate issued by any such authority of another country to any such deck officer which is expressed to remain in force for a definite period shall remain in force, unless renewed, only until the expiration of that period.

(2) A certificate of competency granted under section 93 or 414 of the Act of 1894 to which has been added by the Minister, a certificate of service (deck officer) under Regulation 6 (2) of these Regulations of a description set out in column 1 of Table 2 to these Regulations, shall be treated as equivalent to a certificate of competency issued under these Regulations of the class set out in column 2 of that Table opposite the description in column 1.

(3) a certificate of competency granted under section 93 of the Act of 1894 to which has been added, by the Minister, a Middle Trade command endorsement under these Regulations, shall be treated as equivalent to a certificate of competency issued under these Regulations in respect of command of ships (other than passenger ships) not exceeding 10,000 GRT going between locations in the combined Near Continental and Middle Trade trading areas.

(4) A certificate of competency as Mate Home Trade granted under section 93 of the Act of 1894 to which has been added by the Minister a Near Continental command endorsement under these Regulations shall, in addition to being treated as equivalent to the appropriate certificates set out in column 2 of Table 1 to these Regulations, be treated as equivalent to a Class 4 certificate with a command endorsement or a class 5 certificate with a command endorsement in any passenger ship not exceeding 1,000 GRT, or any other ship not exceeding 5,000 GRT, going between locations in the Near Continental trading area.

(5) An existing certificate of competency granted under section 93 of the Act of 1894 of a class specified in column 1 of Table 1 to the Regulations shall be treated as equivalent to a certificate of competency issued under these Regulations of the class set out in column 2 of that Table opposite the specification in column 1.

(6) A certificate of service (deck officer) of a description set out in column 1 of Table 2 to these Regulations and granted by the Minister shall be treated as equivalent to a certificate of competency issued under these Regulations of the class set out in column 2 of that Table opposite the description in column 1.

TABLE 1

TABLE 2

6. (1) Subject to paragraph (3) of this Regulation--

( a ) the standards of competency to be attained and the conditions to be satisfied by a person before he may be issued with a certificate of competency or with a command endorsement under these Regulations, including any exceptions applicable with respect to any such standards or conditions,

( b ) the manner in which the attainment of any such standards or the satisfaction of any such conditions is to be evidenced and

( c ) the conduct of any examination for that purpose, the conditions of admission to them and, subject to the consent of the Minister for the Public Service, the appointment and remuneration of examiners,

shall be such as may be specified by the Minister either in relation to certificates of competency or certificates of competency with command endorsements in general or to either of such certificates of a particular class as may be so specified.

(2) Subject to paragraphs (3) and (4) of this Regulation, the conditions to be satisfied by an uncertificated officer or by the holder of a certificate of competency granted under section 93 or 414 of the Act of 1894 who applies to be issued with a certificate of service (deck officer) shall be--

( a ) (i) that he has served in an appropriate capacity of mate, or

(ii) that he has served in the capacity of master,

in a sea-going ship to which these Regulations apply during the period from the 1st day of September, 1974 to the 31st day of August, 1981 and

( b ) that he has served as a master or as a watchkeeping deck officer at sea for a period of not less than three years in the period specified in paragraph (2) (a) of this Regulation and

( c ) that he has produced such evidence as the Minister may require in the particular case--

(i) of his having served for 12 months of such service in ships to which these Regulations apply in the capacity for which a certificate of service (deck officer) is claimed and

(ii) of his satisfactory conduct during those 12 months and during the last 12 months of sea service in a watchkeeping capacity.

(3) notwithstanding that the conditions set out in paragraphs (2) (a), (2) (b) and (2) (c) of this Regulation have not been complied with, the Minister, taking into account the circumstances in a particular case may, where he is satisfied that those conditions have been substantially complied with issue a certificate of service (deck officer) to an uncertificated officer, subject to any limitation of validity endorsed on the certificate.

(4) Notwithstanding that an applicant for a certificate of competency, a command endorsement or a certificate of service (deck officer) complies with the standards or fulfils the conditions specified by, or by virtue of, this Regulation, the Minister shall not issue the certificate applied for unless he is satisfied, having regard to all the relevant circumstances, that the applicant is a fit person to be the holder of the certificate and to act competently in the post to which it relates.

7. On the issue of a certificate of competency of any class set out in column 1 of Table 3 to these Regulations, or subsequently, the Minister may, if satisfied that the person to whom it is issued is competent to be in command of a ship of the description specified in column 3 of that Table, endorse the certificate to that effect as a certificate of competency with the command endorsement set out in column 2 of that Table.

TABLE 3

8. (1) Where an applicant for a certificate of competency under these Regulations fails to satisfy the conditions specified by the Minister under Regulation 6 (1) of these Regulations in respect of sea service in ships (other than passenger ships), but has performed sea service so specified in tugs, and if he fulfils the other standards of competency and conditions so specified, he may be issued with a certificate of competency Class 2, 3, 4 or 5 as appropriate endorsed For Tug Service Only.

(2) On the issue of a certificate of competency of any class set out in column 1 of Table 4 to these Regulations, or subsequently, the Minister may, if satisfied that the person to whom it is issued is competent to be in command of a tug of the description set out in column 3 of that table, endorse the certificate to that effect as a certificate of competency with the command endorsement set out in column 2 of that Table.

TABLE 4

(3) Where the holder of a Class 2, 3, 4 or 5 certificate of competency (deck officer) endorsed For Tug Service Only applies to have that endorsement removed, the Minister may, subject to the holder having fulfilled any conditions required by the Minister in the particular case (including sea service in ships other than tugs from which the holder was previously exempted), delete the endorsement For Tug Service Only and that certificate shall then be treated in all respects as equivalent to a certificate of competency issued under these Regulations.

9. (1) ( a ) Certificates of competency and certificates of service (deck officer) shall be issued in duplicate the original to be delivered to the person entitled to the certificate and the duplicate to be retained by the Minister.

( b ) such certificates shall remain valid for sea-going service so long as the holder can comply with the standards and conditions as to medical fitness and competency to act in the appropriate capacity specified by the Minister.

(2) A record of all certificates of competency and of all certificates of service (deck officer) issued under these Regulations and of the suspension, cancellation or alteration of, and any other matters affecting any such certificate shall be kept, in such manner as the Minister may require by such person as the Minister may direct.

(3) Where the holder of a certificate of competency of a particular class issued under these Regulations is issued with such a certificate of a higher class, he shall surrender the first-mentioned certificate to the Minister or to such person, as the Minister directs, for cancellation.

10. (1) If a person entitled to a certificate of competency or a certificate of service (deck officer) proves to the satisfaction of the Minister that the person has, without fault on his part, lost or been deprived of a certificate already issued to him, the Minister shall, and where he is not so satisfied may, on payment of such fee (if any) as he may require, cause a copy of the certificate to which the person appears to be entitled, to be issued to him.

(2) Any such copy shall, before it is so issued, be certified as such by such person as the Minister may have directed to keep the record referred to in Regulation 9 (2) of these Regulations.

PART III Number of Deck Officers to be Carried

11. (1) Subject to paragraph (2) of this Regulation and to Regulation 15 of these Regulations, the minimum number of qualified deck officers of a particular class which ships (other than passenger ships or tugs) of a description set out in other column 2 of Table A of Part I of Schedule I to these regulations when engaged on a voyage to or from a location or between locations in the trading area set out in relation to that description of ship in column 1 of that Table, are required to carry shall be the number set out in column 3 of that Table.

(2) The provisions of column 3 of Table A of Part I of Schedule 1 to these Regulations shall have effect subject to the special provisions set out in Part II of that Schedule and paragraph (1) of this Regulation shall be construed accordingly.

12. (1) Subject to paragraph (2) of this Regulation and to Regulation 15 of these Regulations, the minimum number of qualified deck officers of a particular class which passenger ships, being ships of a description set out in column 2 of Table B of Part I of Schedule 1 to these Regulations, when engaged on a voyage to or from a location or between locations in the trading area set out in relation to that description of ship in column 1 of that Table, are required to carry shall be the number set out in column 3 of that Table.

(2) The provisions of column 3 of Table B of Part I of Schedule 1 to these Regulations shall have effect subject to the special provisions set out in Part II of that Schedule, and paragraph (1) of this Regulation shall apply accordingly.

13. (1) Subject to paragraph (2) of this Regulation and to Regulation 15 of these Regulations, the minimum number of qualified deck officers of a particular class which tugs engaged on a voyage to or from a location or between locations in the trading area set out in column 1 of Table C of Part I of Schedule 1 to these Regulations, are required to carry shall be the number set out in column 3 of that Table.

(2) The provisions of column 3 of Table C of Part I of Schedule 1 to these regulations shall have effect subject to the special provisions set out in Part II of that Schedule, and paragraph (1) of this regulation shall apply accordingly.

14. (1) Subject to paragraph (2) of this Regulation, sail training ships shall carry a minimum number of two qualified deck officers of whom one shall be the holder of a certificate of competency Class 1 and one the holder of a certificate of competency Class 2.

(2) In a particular case the Minister may exempt a class of sail training ship from the requirement of paragraph (1) of this Regulation and permit particular officers with qualifications appropriate to the command of sail training ships to act in the capacity of master or second in command.

15. (1) Subject to paragraph (4) of this Regulation, if on an occasion on which a ship to which these Regulations apply goes to sea, one of the qualified deck officers is not carried because of illness, incapacity, or other unforeseen circumstance, but all reasonable steps were taken to secure the carriage on that occasion of a duly qualified deck officer, so much of these Regulations as require such a ship on such a voyage to carry that deck officer shall not, subject to compliance with paragraph (3) of this Regulation, apply to the ship during whichever is the shorter of the following periods, beginning with the day on which the ship goes to sea from that location on that occasion--

( a ) a period ending with the day on which the ship does carry a qualified deck officer as that deck officer, or

( b ) a period determined as follows:

(2) One such period of 28, 14 or 7 days, as the case may be, shall not be followed immediately by any further period at sea during which the ship carries one less than the number of duly qualified deck officers required by these Regulations.

(3) The conditions referred to in paragraph (1) of this Regulation are that the master, when going to sea from that location, shall--

( a ) notify a proper officer of his intention not to carry that qualified deck officer, and

( b ) make an entry of that notification in the ship's official log.

(4) Notwithstanding paragraph (1) of this Regulation, a ship such as is mentioned--

( a ) in sub-paragraph (b) (i) or (ii) of that paragraph, may go to sea on such a voyage carrying one deck officer less than is required by these Regulations, even if, at the time, the ship carries one qualified marine engineer officer less than is required by any regulations made under section 3 of the act of 1979 relating to the carriage of qualified marine engineer officers.

( b ) in sub-paragraph (b) (iii) or (iv) of that paragraph, may only go to sea on such a voyage carrying one deck officer less than is required by these Regulations if, at the time, the ship carries the full number of qualified marine engineer officers required by any such Regulations referred to in sub-paragraph (a) of this paragraph.

16. (1) a ship to which these Regulations apply which has a bulk cargo consisting in whole or in part of--

( a ) crude liquid petroleum or its products,

( b ) any liquid chemical listed in Chapter VI of the Inter-governmental Maritime Consultative Organisation publication entitled "Code for the Construction and Equipment of Ships carrying Dangerous Chemicals in Bulk" and the Supplement thereto, both published in 1974 by that Organisation, or

( c ) any liquefied gas listed in Chapter XIX of the Inter-governmental Maritime Consultative Organisation Publication entitled "Code for the Construction and Equipment of Ships carrying Liquefied Gases in Bulk" published in 1976 by that Organisation,

shall carry as officer in command and as second in command, respectively, deck officers qualified under these Regulations whose certificates of competency or of service have been endorsed to show that they have satisfied such conditions as to training and service as may be specified by the Minister.

(2) If a deck officer ( other than the officers carried in command and as second in command) is required to have immediate responsibility for loading, discharging and care in transit or handling of cargo that officer must carry a similarly endorsed certificate.

17. (1) A deck officer shall not act in the capacity of master or second in command unless he holds an appropriate certificate of competency or certificate of service.

(2) In the event of the death or incapacity of the master or second in command while the ship is at sea, a deck officer may act in the capacity of master or second in command until the ship reaches the next intended port of call.

(3) The master shall not permit any deck officer to be in charge of a deck watch or a navigational watch unless he holds an appropriate certificate of competency or certificate of service.

Offences and penalties.

(4) Any deck officer who contravenes paragraph (1) of this Regulation or any master who contravenes paragraph (3) of this Regulation shall be guilty of an offence and shall be liable on summary conviction to a fine not exceeding £250.

SCHEDULE 1

PART I

MINIMUM NUMBER OF DECK OFFICERS TO BE CARRIED TABLE A (SHIPS, OTHER THAN A PASSENGER SHIPS AND TUGS)

Note: Column 3 is to be read subject to, and the meaning of (A) (B) (C) (D) and (E) is to be found in paragraph 2 (1) of the special provisions set out in Part II of this Schedule.

TABLE B (PASSENGER SHIPS)

Note: Column 3 is to be read subject to, and the meaning of (X) and (Y) is to be found in paragraph 2 (2) of, the special provisions set out in Part II of this Schedule.

TABLE C (TUGS)

Note: Column 3 is to be read subject to, and the meaning of (a)(b) and (c) is to be found in paragraph 2 (3) of the special provisions set out in Part II of this Schedule.

Regulation 11 (2)

PART II

Special Provisions Applicable to Part I of this Schedule

1. the provisions of column 3 of Tables A, B and C of Part I of this Schedule, in so far as they impose a requirement with respect to the carrying in a ship of a qualified deck Officer who is the holder of a certificate of competency issued under these Regulations of a particular class, shall be treated as complied with (subject to the qualification in Regulation 4 (5) of these Regulations with regard to certificates with a command endorsement) if the officer who is carried in pursuance of that requirement is the holder of a certificate of competency issued under these Regulations of a higher class.

2. (1) Where a number set out in column 3 in Table A of Part I of this Schedule in relation to a certificate of competency issued under these Regulations of a particular class is followed by the indication (A), (B), (C), (D) or (E), that provision of column 3 to which the number relates shall be construed--

( a ) in the case of indication (A), as requiring the certificate or one of the certificates in question to be endorsed with the Master (Middle Trade) endorsement.

( b ) in the case of indication (B), as requiring one of the certificates in question to be endorsed with the Master (Near Continental) endorsement.

( c ) in the case of indication (C), as if the number so set out were 3, in accordance with the provisions of paragraph 3 of this Part,

( d ) in the case of indication (D), as requiring the certificate in question to be endorsed with the Master (Near Continental) endorsement provided that where the ship is engaged on a voyage of such duration that a change of watch will become necessary, the ship shall carry an additional deck officer who is the holder of a Class 5 certificate.

( e ) in the case of indication (E), as requiring the certificate holder in question serving as second-in-command (unless his certificate is endorsed with a command endorsement) to have previously served as an officer in charge of a navigational watch on a ship of 200 GRT or more for a period of not less than 18 months.

(2) Where a number set out in column 3 in Table B of Part I of this Schedule in relation to a certificate of competency issued under these Regulations of a particular class is followed by the indication (X) or (Y), that provision of column 3 to which the number relates shall be construed:

(i) in the case of indication (X), as requiring the certificate in question to be endorsed with the Master (Near Continental) endorsement provided that where a ship of under 200 GRT is engaged on a voyage of such duration that a change of watch will become necessary, the ship shall carry an additional deck officer who is the holder of a Class 5 certificate;

(ii) in the case of indication (Y), as requiring the certificate holder in question if the ship is of 1,600 GRT or more, to have previously served as an officer in charge of a navigational watch on a ship of 200 GRT or more for a period of not less than 18 months.

(3) Where a number set out in column 3 of Table C of Part I of this Schedule in relation to a certificate of competency issued under these Regulations of a particular class is followed by the indication (a) (b) or (c) that provision of column 3 to which the number relates shall be construed--

(i) in the case of indication (a), as requiring one of the certificates in question to be endorsed with the Tugmaster command endorsement, and

(ii) in the case of indication (b), as requiring one of the certificates in question to be endorsed with the Tugmaster (Near Continental) command endorsement.

(iii) in the case of indication (c), as requiring the certificate holder in question serving as second-in-command if the tug is of 1,600 GRT or more (unless his certificate is endorsed with a command endorsement) to have previously served as an officer in charge of a navigational watch on a ship of 200 GRT or more for a period of not less than 18 months.

3. In relation to any offshore installation supply vessel which goes to sea--

( a ) to or from any location in the State and an offshore installation in the Near Continental trading area; or

( b ) between offshore installations in the Near Continental trading area

the provisions of Table A shall apply, subject to the modification that the offshore installation supply vessel shall be required to carry a minimum of three qualified deck officers each of whom is the holder of a Certificate of Competency (Deck Officer) Class 5 issued under these Regulations.

Regulation 2 (1)

SCHEDULE 2

Definition of "trading area"

Near Continental Trading Area

Any location within the area bounded by a direct line from a point on the Norwegian Coast in latitude 61° North to a point 61° North 02° West: thence to a point in 58° North 10° West, thence to a point in 54° North 14° West; thence to a point in 51° North 14° West; thence to La Pallice (France), but excluding all waters which lie to the eastward of a direct line drawn between Kristiansand, Norway, and Hanstholm lighthouse on the north coast of Denmark.

Middle Trade Trading Area

Any location not within the Near Continental Area but within an area (which includes places in the Baltic Sea) bounded by a direct line from a point in 51° North 14° West to Safi on the coast of Morocco (32° 18' N; 9° 15' W), but excluding all waters which lie to the eastward of a direct line drawn between Gibraltar and Ceuta (Morocco).

Unlimited Trading Area

Any location not within the Middle Trade or Near Continental Trading Areas.

GIVEN under my Official Seal, this 9th day of January, 1981.

ALBERT REYNOLDS,

Minister for Transport.

EXPLANATORY NOTE.

1. Application

These Regulations apply to:

( a ) all ships, including tugs, registered in the State, which go to sea beyond the limits of smooth or partially smooth waters, with the exception of fishing boats, pleasure craft of less than 80 G.R.T. used for sport and recreation, and sail training ships of less than 80 G.R.T.; and

( b ) ships registered outside the State which carry passengers between places in the State, or on a voyage which begins and ends at the same place in the State and on which the ships call at no place outside the State.

The Regulations come into operation on 1st September, 1981.

2. General Provisions

The Regulations specify the number of qualified deck officers to be carried, determined according to the tonnage of the ship and the voyage to, from or between locations in specified trading areas on which it will be engaged. The Regulations also prescribe the minimum class of certificate each officer must hold.

3. A deck officer is qualified under the Regulations if he is the holder of:--

(i) a certificate of competency issued under the Regulations or

(ii) a certificate treated as equivalent to such a certificate. A certificate of competency of a particular class issued under Section 93 of the Merchant Shipping Act, 1894 will be treated as equivalent to the appropriate class of certificate issued under these Regulations.

Provision has also been made for certificates of service (deck officer) to be issued to uncertificated Masters and Mates serving in ships which do not at present have to carry certificated officers but which must do so from 1st September, 1981. Certificates of Service (deck officer) will be treated as equivalent to certificates of competency and enable the holders to be carried in their present capacities.

4. Certificates of Competency may be further endorsed with command endorsements entitling the holder to command a specified type of ship or tug. Provision is also made for the recognition by the Minister for Transport of certificates issued by another State as equivalent to certificates of competency under these Regulations.

5. The standards of competency which must be attained before a deck officer will be issued with a certificate of competency under these regulations are set out in the Department of Transport publication entitled "Directions as to the examination of Deck Officers under the Merchant Shipping Acts".

6. Certificates of competency and certificates of service will remain valid only if the holder continues to comply with specified standards and conditions of medical fitness and competency in the appropriate capacity.

7. The Regulations lay down provisions for the manning of sail training ships.

8. The Regulations provide for the exceptional circumstances under which a ship may proceed to sea with one deck officer less.

9. The Regulations provide that ships carrying bulk cargoes of petroleum or its products, specified dangerous chemicals, or gases shall carry as officer in command and as second in command deck officers whose certificates of competency or service have been endorsed to show that they have satisfied conditions as to training and service to be specified by the Minister.

10. Deck officers are required to act in the capacity for which certificated and the Regulations provide for penalties for failure to comply with this requirement. The Merchant Shipping (Certification of Seamen) Act, 1979 already prescribes penalties for sending a ship to sea undermanned, for an uncertificated person going to sea as certificated and for the making of a false statement to obtain a certificate of competency.

11. A ship of under 200 GRT engaged on a voyage of such duration that a change of watch will become necessary must carry an additional deck officer. Where the second in command of a ship of 1600 GRT or over is the holder of a Class 3, 4 or 5 Certificate, other than one with a command endorsement, he must have previously served for not less than 18 months as an officer in charge of a navigational watch on ships of 200 GRT or over.