S.I. No. 307/1983:

MERCHANT SHIPPING (GRAIN) RULES, 1983.

MERCHANT SHIPPING (GRAIN) RULES, 1983.

I, JAMES MITCHELL, Minister for Transport, in exercise of the powers conferred on me by section 39 (3) of the Merchant Shipping (Safety Convention) Act, 1952 (No. 29 of 1952), the Transport, Fuel and Power (Transfer of Departmental Administration and Ministerial Functions) Order, 1959 ( S.I. No. 125 of 1959 ) 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 rules:--

1. (1) These Rules may be cited as the Merchant Shipping (Grain) Rules, 1983 and shall come into operation on the 1st day of December, 1983.

(2) In these Rules:--

"Certifying Authority" means the Minister or any person authorised by the Minister;

"existing ship" means a ship the keel of which was laid or which was at a similar stage of construction before the 25th day of May, 1980;

"filled compartment" means any compartment in which, after loading and trimming as required under paragraph 1 of the Schedule to these Rules, the bulk grain is at its highest possible level;

"grain" includes wheat, maize, oats, rye, barley, rice, pulses and seeds whether in natural form on in such a processed form that its characteristics resemble those of its natural form with regard to liability to shift when loaded;

"the Minister" means the Minister for Transport;

"new ship" means a ship the keel of which was laid or which was at a similar stage of construction on or after the 25th day of May, 1980;

"partly filled compartment" means any compartment in which, after trimming to level all free grain surfaces and to minimise the effect of the grain should it shift (unless such trimming is excepted by a document of authorisation issued by any person authorised by the Minister to issue such a document having had regard to such criteria as shall be specified by the Minister), the bulk grain is not at the highest possible level;

"Safety Convention" means the International Convention for the Safety of Life at Sea, 1974 signed in London on behalf of the Government on the 1st day of November, 1974;

"surveyor" means a marine surveyor of the Department of Transport.

(3) The Merchant Shipping (Grain) Rules, 1967 ( S.I. No. 102 of 1967 ) are hereby revoked.

2. These Rules apply in relation to:--

( a ) sea-going ships registered in the State; and

( b ) other sea-going ships while they are within the State or the territorial waters thereof,

when loaded with grain in bulk.

3. (1) Where grain in bulk is loaded on board any ship registered in the State or is loaded within any port in the State on board any other sea-going ship, it shall be loaded in accordance with the loading arrangements prescribed in the Schedule hereto or with loading arrangements recognised by the Minister under Rule 6 of these Rules as equivalent thereto.

(2) Nothing in this Rule shall have effect if the ship would not have entered any such port but for stress of weather or any other circumstance that neither the master nor the owner nor the charterer (if any) could have prevented.

4. (1) The Minister may exempt any ship, or class of ships, which complies with the stability criteria set out in paragraph 2 of the Schedule hereto from the requirements of Part B (calculation of assumed heeling moments) and Part C (grain fittings and securing) of Chapter VI of the Safety Convention where he is satisfied that, having regard to the provisions for loading or the structural arrangements of the ship or class, such compliance is not necessary.

(2) The Minister, if he considers that the sheltered nature and conditions of a particular voyage from a port in the State to another port in the State are such as to render compliance with all or any one or more of the requirements of these Rules unreasonable or unnecessary, may exempt any ship making such voyage from compliance with these or that requirement, as may be appropriate.

(3) The Minister may alter or cancel any exemption granted pursuant to this Rule.

5. (1) Where these Rules require that a particular fitting, material, appliance or apparatus, or type thereof, shall be fitted or carried in a ship, or that any particular provision shall be made, the Minister may approve any other fitting, material, appliance or apparatus, or type thereof, to be fitted or carried, or any other provision to be made in that ship, if he is satisfied by trial thereof or otherwise that such other fitting, material, appliance or apparatus or type thereof, or provision is at least as effective as that required by these Rules.

SCHEDULE

Trimming of Grain

1. In all ships to which these Rules apply, all necessary and reasonable trimming shall be carried out in order to level all free grain surfaces and to minimise the effect of the grain from shifting. In any filled compartment, the bulk grain shall be trimmed so as to fill all the spaces under the decks and hatch covers to the maximum extent possible. After loading all free grain surfaces in partly filled compartments shall be level.

Intact Stability Requirements

2. ( a ) In all ships to which these Rules apply, the intact stability characteristics of any ship carrying grain in bulk shall be shown to meet, throughout the voyage, at least the following criteria:

(i) the angle of heel due to the shift of grain shall be not greater than 12 degrees, unless, in relation to a particular ship or class of ships the Minister directs a lesser angle of heel;

(ii) in the statical stability diagram, the net or residual area between the heeling arm curve and the righting arm curve up to the angle of heel of maximum difference between the ordinates of the two curves, or 40 degrees or the angle of flooding (Øf), whichever is the least, shall, in all conditions of loading, be not less than 0.075 metre-radians; and

(iii) the initial metacentric height, after correction for the free surface effects of liquids in tanks, shall not be less than 0.30 metre.

( b ) In subparagraph (ii) above, "angle of flooding (Øf)" means an angle of heel at which openings in the hull, superstructures or deckhouses, which cannot be closed weathertight, immerse. Small openings through which progressive flooding cannot take place, shall not be regarded as openings.

( c ) The criteria referred to in subparagraph (a) above shall be met after taking account of the calculations of heeling moments due to a shift of grain set out in Part B of Chapter VI of the Safety Convention.

( d ) Before loading grain in bulk the master of a ship to which these Rules apply, if so directed by a surveyor, shall demonstrate the ability of the ship throughout the voyage to comply with the stability criteria referred to in subparagraph (a) of this paragraph.

( e ) After loading, the master shall ensure that the ship is upright before proceeding to sea.

(f) The stability requirements and the grain loading information required by this paragraph to be provided shall, in the case of a ship registered in the State, be based upon the stability information provided in accordance with the Merchant Shipping (Load Line) Rules 1968 ( S.I. No. 205 of 1968 ) and, in the case of any other ship, shall be based upon the stability requirements of the Government of the State whose flag the ship is entitled to fly.

Longitudinal or Transverse Divisions and Saucers

3. ( a ) In both filled compartments and partly filled compartments, longitudinal or transverse divisions may be provided as a device either to reduce the adverse heeling effect of grain shift or to limit the depth of cargo used for securing the grain surface. Such divisions shall:

(i) extend in accordance with regulation 5 (b) and (c) of Part A of Chapter VI of the Safety Convention and shall be fitted graintight; and

(ii) be constructed in accordance with the provisions of Section 1 of Part C of Chapter VI of the Safety Convention.

( b ) In addition, the adverse heeling effects of grain shift may be reduced by tightly stowing the wings and ends of a compartment with bagged grain or other suitable cargo adequately restrained from shifting.

Securing of Grain Surfaces in Partly Filled Compartments

4. Unless account is taken of the adverse heeling effect due to grain shift in accordance with these Rules, the surface of the bulk grain in any partly filled compartment shall be secured by either of the following methods:--

( a ) overstowing in accordance with the provisions of Rule 6 of Part A and Section II of Part C; or

( b ) strapping or lashing in accordance with the provisions of Section II of Part C

or Chapter VI of the Safety Convention.

Feeders and Trunks

5. If feeders or trunks are fitted, proper account shall be taken of the effects thereof when calculating the heeling moments as described in Section III of Part B of Chapter VI of the Safety Convention. The strength of the divisions forming the boundaries of such feeders shall conform to the provisions of Section I of Part C of Chapter VI of the Safety Convention.

Combination Arrangements

6. Lower holds and between-deck spaces directly above may be loaded as one compartment provided that, in calculating transverse heeling moments, proper account is taken of the flow of grain into the lower spaces.

GIVEN under my Official Seal this 18th day of October, 1983.

JAMES MITCHELL,

Minister for Transport.

EXPLANATORY NOTE.

These Rules implement the provisions of the International Convention for the Safety of Life at Sea, 1974, relating to the carriage of grain.