S.I. No. 551/1998:

MERCHANT SHIPPING (SAFE MANNING, HOURS OF WORK AND WATCHKEEPING) REGULATIONS, 1998

MERCHANT SHIPPING (SAFE MANNING, HOURS OF WORK AND WATCHKEEPING) REGULATIONS, 1998

I, Michael Woods, Minister for the Marine and Natural Resources, in exercise of the powers conferred on me by sections 11 and 12 of the Merchant Shipping Act, 1947 , (No. 46 of 1947), and section 3(2), of the Merchant Shipping (Certification of Seamen) Act, 1979 (No. 37 of 1979), as adapted by the Ministers and Secretaries (Amendment) Act, 1983 (No. 40 of 1983) and the Marine (Alteration of Name of Department and Title of Minister) Order, 1997 ( S.I. No. 301 of 1997 .), hereby make the following Regulations:

1. (1) These Regulations may be cited as the Merchant Shipping (Safe Manning, Hours of Work and Watchkeeping) Regulations, 1998.

(2) The following Regulations are hereby revoked:

(a) the Merchant Shipping (Certification and Watchkeeping) Regulations, 1984 ( S.I. No. 187 of 1984 );

(b) the Merchant Shipping (Safe Manning Document) Regulations, 1994 ( S.I. No. 347 of 1994 );

2. (1) In these Regulations, except where the context otherwise requires-

"appropriate certificate" means in relation to ships registered in the State under the Merchant Shipping Acts, 1894 to 1997, means an appropriate certificate issued by the Minister under the Merchant Shipping (Certification of Seamen) Act, 1979 , and in relation to other ships, an appropriate certificate as defined in the STCW Convention;

"authorised person" means a person authorised by the Minister for the purposes of these Regulations;

"consular officer" means a career consular officer or an honorary consular officer, both of which shall be construed in accordance with Article 1 of the Vienna Convention on Consular Relations done at Vienna on the 24th day of April, 1963, which Convention is set out in the Second Schedule to the Diplomatic Relations and Immunities Act, 1967 ;

"GT" means gross tons, and-

(a) the gross tonnage of a ship having alternative gross tonnages shall be the larger of those tonnages;

(b) in the case of a ship having its gross tonnage determined both under Part II of the Merchant Shipping (Tonnage) Regulations, 1984, ( S.I. No. 369 of 1984 ) and Regulation 6 of the Merchant Shipping (Tonnage Regulations, 1984) (Amendment) Regulations, 1994 ( S.I. No. 4 of 1994 ), its gross tonnage as determined under the said Regulation 6;

"hazardous cargo" means cargo which is or may be explosive, flammable, toxic, health-threatening or environment-polluting;

"Irish ship" means a ship registered in the State under the Merchant Shipping Acts, 1894 to 1997, other than a ship to which paragraph (a) or (b) of Regulation 3 applies;

"Marine Notice" means a Notice described as such together with a designatory number and issued by the Department of the Marine and Natural Resources;

"the Minister" means the Minister for the Marine and Natural Resources;

" proper officer" means a consular officer of the State, a superintendent of the Mercantile Marine Office to which section 246 of the Merchant Shipping Act, 1894, relates or any officer in a port in the State exercising the functions of such a superintendent;

"owner", in relation to a ship, means-

(a) the person registered under the Mercantile Marine Act, 1955 , as its owner, or

(b) any other person, such as the manager or the charterer, who has assumed the responsibility for the operation of the ship from the owner and who, on assuming such responsibility, has agreed to take over all the duties and responsibilities imposed on the owner by the Regulations contained in the Annexed to the STCW Convention,

and reference to "shipowner" shall be consttued accordingly;

"safe manning document" means a document, described as such, and issued-

(a) in the case of a ship registered in the State under the Merchant Shipping Acts, 1894 to 1997, by the Minister, and

(b) in the case of any other ship by or on behalf of the State whose flag the ship is entitled to fly;

"safety committee" means a safety committee set up under the Merchant Shipping (Safety Officials and Reporting of Accidents and Dangerous Occurrences) Regulations, 1988 ( S.I. No. 110 of 1988 );

"schedule of duties" has the meaning assigned by Regulation 9(1);

"sea going" means going beyond the limits of smooth and partially smooth waters as defined in the Merchant Shipping (Life-Saving Appliance) Rules, 1993 ( S.I. No. 380 of 1993 );

"specified by the Minister" means specified in a Marine Notice;

"STCW Code" means the Seafarers' Training, Certification and Watchkeeping Code adopted by resolution 2 of the Conference (convened in London by the International Maritime Organisation) of Parties to the International Convention on the Standards of Training, Certification and Watchkeeping for Seafarers, on the 7th day of July, 1995;

"STCW Convention" means the International Convention on Standards of Training, Certification and Watchkeeping for Seafarers, which was adopted by the International Conference on the Standards of Training and Certification of Seafarers on the 7th day of July, 1978, and was subsequently amended by amendments which were-

(a) adopted in 1991 and entered into force on the 1st day of December, 1992,

(b) adopted in 1994 and entered into force on the 1st day of January, 1996, and

(c) adopted in on the 7th day of July 1995, by resolution 1 of the Conference (convened in London by the International Maritime Organisation) of Parties to the International Convention on the Standards of Training, Certification and Watchkeeping for Seafarers;

(2) Any reference to the STCW Code, the STCW Convention or a particular Marine Notice includes any amendment to that Code, Convention or Notice which is specified by the Minister in a Marine Notice.

(3) (a) A reference in these Regulations to a Regulation is to a Regulation of these Regulations unless it is indicated that a reference to some other enactment is intended.

(b) A reference in these Regulations to a paragraph or subparagraph is to a paragraph or subparagraph of the provision in which the reference occurs, unless it is indicated that a reference to some other provision is intended.

3. These Regulations apply to sea-going ships which are ships registered in the State under the Merchant Shipping Acts, 1894 to 1998, wherever they are, other than -

(a) fishing vessels of less than 100 GT or under 24 metres in length, and

(b) a vessel primarily used for sport or recreation.

4. (1) Every ship owner shall ensure that-

(a) every seafarer assigned to any of its ships holds an appropriate certificate in respect of any function he or she is to perform on that ship,

(b) every seafarer on any of its ships has had training specified in the Merchant Shipping (Training and Certification) Regulations, 1998 in respect of any function he or she is to perform on that ship, and

(c) documentation and data relevant to all seafarers employed on its ships are maintained and readily available for inspection and include, without being limited to, documentation and data on each seafarers' experience, training, medical fitness and competency in assigned duties.

(2) Nothing in paragraph (1) shall prohibit the allocation of tasks for training under supervision or in case of force majeure.

(3) Every shipowner shall provide written instructions to the master of each of its ships setting out the policies and the procedures to be followed to ensure that all seafarers who are newly employed on board the ship are given a reasonable opportunity to become familiar with the shipboard equipment, operating procedures and other arrangements needed for the proper performance of their duties, before being assigned to those duties.

(4) The policies and procedures referred to in paragraph (3) shall include:

(a) allocation of a reasonable period of time during which each newly employed seafarer will have an opportunity to become acquainted with-

(i) the specific equipment the seafarer will be using or operating; and

(ii) ship-specific watchkeeping, safety, environmental protection and emergency procedures and arrangements the seafarer needs to know to perform the assigned duties properly; and

(b) designation of a knowledgeable crew member who will be responsible for ensuring that an opportunity is provided to each newly employed seafarer to receive essential information in a language the seafarer understands.

(5) It shall be the duty of any master and any member of a crew designated with an obligation under paragraph (3) to carry out that obligation.

5. (1) It shall be the duty of every shipowner to ensure that in relation to that each of its ships of 500 GT or more -

(a) a safe manning document is in force in respect of each ship and the manning of each ship,

(b) the safe manning document is kept on board each ship at all times; and

(c) the manning of each ship is maintained at all times to at least the levels specified in the safe manning document.

(2) The master of any ship to which this regulation applies shall ensure that the ship does not proceed to sea unless there is on board a valid safe manning document issued in respect of the ship and the manning of the ship complies with that document.

(3) (a) It shall be the duty of a company applying for a safe manning document in respect of any Irish ship to submit to the Marine Survey Office proposals as to the numbers and grade of personnel it considers should be carried so that the ship would be safely manned if it proceeded to sea on any intended voyages.

(b) In preparing such proposals the company shall take into account any guidance issued by the the Department of the Marine and Natural Resources.

(c) It shall be the duty of the company after the issue of a safe manning document to inform the Department of the Marine and Natural Resources as soon as any of the circumstances which are pertinent to that safe manning document change, for the purpose of enabling the Department of the Marine and Natural Resources to review the document's continuing validity or approve fresh proposals from the company.

(4) Notwithstanding the revocation in Regulation 1 (2) of the Merchant Shipping (Safe Manning Document) Regulations, 1994, ( S.I. No. 347 of 1994 ), a safe manning document issued pursuant to those Regulations shall (subject to paragraph (3)(c)) continue in force until 1st February, 2002.

6. (1) Subject to Regulation 9, it shall be the duty of every owner of a ship, and of every employer, to ensure, so far as is reasonably practicable, that the master and seafarers do not work more hours than is safe in relation to the safety of the ship and the master's and the seafarers' performance of their duties.

(2) Subject to Regulation 9, it shall be the duty of every master of a ship to ensure, so far as is reasonably practicable, that seafarers do not work more hours than is safe in relation to the safety of the ship and seafarers' performance of their duties.

7. Every master and seafarer shall, so far as is reasonably practicable, ensure that he or she is properly rested when commencing duty on a ship and that he or she obtains adequate rest during periods when he or she is off duty.

8. (1) It shall be the duty of the owner of a ship to produce a document (in these Regulations referred to as the "schedule of duties") complying with this Regulation.

(2) Where the owner of a ship is not also the employer of the master and all the seafarers, the owner, shall consult any other person who is an employer of the master or of any of the seafarers before production of the schedule of the duties.

(3) The owner of a ship may arrange with any such employer that the employer is to produce a schedule of duties complying with this Regulation and in that case, the employer shall also be subject to the same duties as the owner under this Regulation.

(4) Before producing a schedule the owner of a ship shall seek the views of the master, and the master shall seek, and convey to the owner, the views of -

(a) the ship's safety committee;

(b) the seafarers or their representatives; or

(c) a trade union representing one or more members on board ship.

(5) A schedule of duties complies with this Regulation if -

(a) it sets out the hours of work for -

(i) masters and seafarers whose work includes regular watchkeeping duties or ship handling; and

(ii) the ship's chief engineer, chief officer and second engineer officer, so as to provide that they do not work more hours than is safe in relation to the safety of the ship and the master's and seafarers' performance of their duties;

(b) it specifies the maximum period of continuous watchkeeping, the minimum rest period between watches, and the total daily, weekly and monthly hours of work; and

(c) it provides a minimum of 10 hours of rest in any 24 - hour period, which may be divided into no more than two periods, one of which shall be at least six hours in length:

Provided that the minimum period of 10 hours may be reduced to not less than E consecutive hours on condition that any such reduction shall not extend beyond two days and not less than 70 hours of rest are provided in each 7 day period.

(6) The owner of a ship shall give consideration to the category of shipping operation undertaken in arranging the hours of work.;

(7) The schedule of duties may be changed by the owner, or by an employer who by virtue of paragraph (3) is subject to the duties of the owner, on condition that -

(a) other employers and the owner (as the case may be) have been consulted, and

(b) the owner or the employer has sought the views of the master on the proposed changes and the master has sought and conveyed to the company the views of persons referred to in paragraph (4)(a), (b) or (c), and

(c) the schedule of duties as changed complies with paragraph (5).

(8) The company shall ensure that the schedule of duties is displayed prominently in the crew accommodation for the information of all the seafarers.

(9) It shall be the duty of the master to ensure, as far as reasonably practicable, that the hours of work specified in the schedule are not exceeded.

(10) (a) The company and the master shall maintain on the ship a copy of the schedule of duties and a record of all deviations from its requirements.

(b) The owner for the time being shall ensure that a copy of the schedule and of the record of all deviations from its requirements are preserved for 5 years from the date the schedule of duties was introduced, and that they are available for inspection by a Superintendent, a proper officer or a surveyor of ships.

(c) If during the 5 year period referred to in subparagraph (b) the owner of the ship changes, then the duty to preserve the copies of the schedule of duties shall be with the current owner or if the ship ceased to be registered under the Merchant Shipping Acts, 1894 to 1997, with the last owner before ceasing to be so registered.

9. (1) The requirements for rest periods specified in Regulation 8(5)(c) shall not apply in case of any emergency or drill or due to any other overriding operational conditions.

(2) Without prejudice to the generality of paragraph (1), a master of a ship or seafarer may participate in a navigational, engine room or machinery watch although he or she has not had the rest period provided by the schedule of duties and the master may exceed, and a seafarer may be required to exceed, the work or duty periods, provided for by the schedule of duties, when in the opinion of the master it is necessary to meet an emergency threatening the safety of the ship or the life of any person or threatening damage to the environment.

(3) When in pursuance of paragraph (1) the master or a seafarer has worked within a rest period provided for by the schedule, his or her name shall be entered in the record required to be maintained by Regulation 8(10), together with the reason why he or she so worked.

10. (1) The master of any ship shall ensure that the watchkeeping arrangements for the ship are at all times adequate for maintaining safe navigational and engineering watches having regard to section A-VIII of the STCW Code.

(2) Without prejudice to the duties of the master provided by paragraph (1) the master shall give directions to the deck watchkeeping officers responsible for navigating the ship safety during their periods of duty, in accordance with Part 3-1 of section A-VIII/2 of the STCW code and any requirements specified by the Minister.

(3) The chief engineer officer of any ship shall ensure that the engineering watchkeeping arrangements for the ship are at all times adequate for maintaining a safe watch, in accordance with Part 3-2 of section A-VIII/2 of the STCW Code and when deciding the composition of the watch the chief engineer officer shall observe the principles set out in Part 3-2 of that section and the requirements specified by the Minister.

(4) The master of any ship shall ensure that the radio watchkeeping arrangements for the ship are at all times adequate for maintaining a safe watch in accordance with Part 3-3 of section A-VIII/2 of the STCW Code and any requirements specified by the Minister.

11. (1) The master of any ship which is safely moored or safely at anchor under normal circumstances in port shall arrange for an appropriate and effective watch to be maintained for the purposes of safety.

(2) Arrangements referred to in paragraph (1) shall be in accordance with Part 4 of section A-VIII/2 of the STCW Code and any operational guidance specified by the Minister.

12. (1) The master of any ship which is carrying hazardous cargo and which is in port, even when safely moored or safely at anchor, shall in addition to any watchkeeping arrangements required under Regulation 11, comply with either of the following as appropriate:

(a) where a ship is carrying hazardous cargo in bulk ensure that a safe deck watch and safe engineering watch are maintained by the ready availability on board of a duly qualified officer or officers, and where appropriate ratings;

(b) Where a ship carrying hazardous cargo other than in bulk, ensure that in organising safe watchkeeping arrangements he or she takes account of the nature, quantity, packing and stowage of the hazardous cargo and of any special conditions on board, afloat and ashore.

(2) Such watchkeeping arrangements shall take full account of the principles and requirements specified by the Minister.

13. Without prejudice to Regulation 4, the owner of a ship and the master thereof shall ensure that there are carried at all times on board the ship all original certificates and other documents issued pursuant to the STCW Convention indicating the qualification of any member of the crew to perform functions which they are required to perform aboard ship in the course of their designated duties.

14. (1) Where in relation to an Irish ship, there is a contravention of these Regulations the ship may be detained.

(2) Section 692 of the Merchant Shipping Act, 1894 (which relates to the detention of a ship) shall apply to a ship detained under this Regulation, subject to the modification that for words "this Act" where ever they appear there shall be subsituted "the Merchant Shipping Acts, 1894 to 1997 or any Regulations made thereunder".

(3) Regulations 10 (4) and 11 of the European Communities Merchant Shipping (Port State Control) Regulations, 1998 ( S.I. No. 145 of 1998 ) shall apply in relation to a detention order under these Regulations as they apply to a detention order under those Regulations.

15. Where the Minister considers it appropriate in the circumstances, the Minister may grant, on such terms, if any, as the Minister may specify, exemptions from all or any provisions of these Regulations for classes of cases or individual cases.

GIVEN under my Official Seal, this 30 th day of December, 1998.

Michael Woods

Minister for the Marine and Natural Resources

EXPLANATORY NOTE

Merchant Shipping (Safe Manning, Hours of Work and Watchkeeping), Regulations, 1998.

These Regulations, as required by the STCW' 95, place clear responsibilities on companies owning or operating Irish registered seagoing ships, to ensure that their ships are manned with personnel of appropriate grades who have been properly trained and certificated. The number of certificated officers and certificated and non-certificated ratings must be sufficient at all time to ensure safe and efficient operation of the ship at all time and that detailed records are to be maintained of all seafarers in their employment