S.I. No. 98/1989:

MERCHANT SHIPPING (PASSENGER BOARDING CARDS) REGULATIONS, 1989.

MERCHANT SHIPPING (PASSENGER BOARDING CARDS) REGULATIONS, 1989.

I, BRENDAN DALY, Minister for the Marine, in exercise of the powers conferred on me by section 11 of the Merchant Shipping Act, 1947 (No. 46 of 1947) and the Communications (Transfer of Departmental Administration and Ministerial Functions) Order, 1987 ( S.I. No. 91 of 1987 ), hereby make the following Regulations:

1. (1) These Regulations may be cited as the Merchant Shipping (Passenger Boarding Cards) Regulations, 1989.

(2) These Regulations shall come into operation on the 1st day of May, 1989.

2. (1) In these Regulations--

"Marine Notice" means a notice described as such and issued by the Minister;

"the Minister" means the Minister for the Marine;

"owner" in relation to a ship, means the person, persons or organisation registered as its owner, charterer, manager or operator;

"passenger" means any person carried in a ship other than--

(a) a person employed or engaged in any capacity on board the ship on the business of the ship;

(b) a person on board the ship either in pursuance of the obligation laid upon the master to carry shipwrecked, distressed or other persons or by reason of any circumstances that the master, the owner or the charterer (if any) could not have prevented, or

(c) a child under the age of one year;

"ship" means a ship for the carriage of more than 12 passengers, which is propelled by electricity or other mechanical power, is registered in the State, or if not registered in the State is within a port in the State, and is of Class II, IIA or III within the meaning of the Merchant Shipping (Passenger Ship Construction and Survey) Rules, 1985 ( S.I. No. 274 of 1985 ).

(2) A reference in these Regulations to a Marine Notice includes a reference to any subsequent Marine Notice amending or replacing the Marine Notice.

(3) A reference in these Regulations to a numbered Regulation is a reference to the Regulation of that number in these Regulations.

3. Notwithstanding paragraph (1) of Regulation 2, these Regulations shall not apply to any ship, not being a ship registered in the State, which is within a port in the State by reason solely of stress of weather or any circumstances which could not have been prevented by the owner.

4. Operation of a boarding card system.

4. (1) A passenger shall not be permitted to board a ship unless he has been issued with and produces an individual passenger boarding card.

(2) The owner of a ship shall ensure that there is a system of individual passenger boarding cards in operation for the ship that--

(a) conforms to the requairements of a Marine Notice, and

(b) if so required by the Marine Notice, is approved of by the Minister.

(3) A ship shall not put to sea if the system of individual passenger boarding cards in operation in pursuance of paragraph (2) of this Regulation, together with arrangements referred to in Regulation 6, indicate that the number of passengers on board exceeds that permited by section 283 of the Merchant Shipping Act, 1894.

5. (1) Records, kept in accordance with any requirements in a Marine Notice, relating to the issue of individual passenger boarding cards shall be retained ashore by the owner of a ship for such period as may be specified in the Marine Notice for the purpose of inspection by any person authorised by the Minister to inspect the ship.

(2) The records referred to in paragraph (1) of this Regulation shall be placed in an envelope which shall be sealed by the owner before the commencement of the voyage to which they relate.

6. (1) Arrangements shall be made by the owner of a ship for passengers remaining on board from the previous voyage and any other person on board (not being a person to whom an individual passenger boarding card is required to be issued under Regulation 4) to be counted by a reliable method, in accordance with such requirements as may be contained in the Marine Notice.

(2) The arrangements referred to in paragraph (1) of this Regulation shall be described in written instructions which shall be kept on board the ship concerned at all times in the custody of the master.

7. The master or a member of the crew of a ship or the owner of a ship or a servant or agent of his shall not make a false statement in connection with the system of individual passenger boarding cards maintained pursuant to Regulation 4 or falsify the records referred to in Regulation 5.

8. The Minister may, subject to such conditions (if any) as he may specify exempt from Regulations 4 and 5 such classes of ship as he may specify and may, upon giving reasonable notice thereof, cancel or amend an exemption under this Regulation.

GIVEN under my Official Seal, this 28th day of April, 1989.

BRENDAN DALY,

Minister for the Marine.

EXPLANATORY NOTE.

These Regulations apply to passenger ships registered in the State of Classes II, II(A), and III and to passenger ships of those classes other than those registered in the State while they are within a port in the State and require the operation of a boarding card system for all voyages on which passengers are carried. They require documentation to be retained for future inspection by Department of the Marine surveyors, and supplementary arrangements to be made for the counting of passengers who remain on board the ship from a previous voyage and other persons.