S.I. No. 554/1998:

MERCHANT SHIPPING (RADIO) (AMENDMENT) RULES, 1998

MERCHANT SHIPPING (RADIO) (AMENDMENT) RULES, 1998

I, MICHAEL WOODS, Minister for the Marine and Natural Resources, in exercise of the powers conferred on me by Section 15 (as amended by sections 11 and 12 of the Merchant Shipping Act, 1966 (No. 20 of 1966) of the Merchant Shipping (Safety Convention) Act, 1952 (No. 29 of 1952) and the Communications (Transfer of Departmental Administration and Ministerial Functions) Order, 1991 ( S.I. No. 26 of 1991 ), as adapted by the Marine (Alteration of Name of Department and Title of Minister) Order, 1997 ( S.I. No. 301 of 1997 ), and after consultation with the Minister for Public Enterprise, hereby make the following Rules:-

1. These Rules may be cited as the Merchant Shipping (Radio) (Amendment) Rules, 1998.

2. The Merchant Shipping (Radio) Rules, 1992 ( S.I. No. 224 of 1992 ) are hereby amended by :

(1) the insertion in Rule 2(1) (Interpretation) of the following:

"GMDSS" means the Global Maritime Distress and Safety System adopted by the International Maritime Organisation;

"Radio duties" includes, where appropriate, watchkeeping and technical maintenance and repairs conducted in accordance with the Radio Regulations, these Rules, the STCW Convention and the SOLAS Convention;

"SOLAS Convention" means the International Convention for the Safety of Life at Sea which was adopted by the International Conference on Safety of Life at Sea on the 1st day of November, 1974 and entered into force on the 25th day of May, 1980, and subsequently amended, the second edition of which was published by the International Maritime Organisation in 1997;

"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 Training and Certification of Seafarers on the 7th day of July, 1978, and as 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 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 Standards of Training, Certification and Watchkeeping for Seafarers;

(2) the substitution of the following for Rule 15:

"15 (1) Every ship shall carry personnel qualified for distress and safety radio communication purposes, one of whom shall be designated to have primary responsibility for radio communications during distress incidents.

(2) Every person in charge of or performing radio duties on a ship shall

(i) hold an appropriate certificate of competency related to the GMDSS as specified in paragraph 3 of this Rule;

(ii) be not less than 18 years of age;

(iii) have completed approved education and training; and

(iv) meet the minimum standard of competence specified in Table A IV/2 of the STCW Code.

(3). The following shall constitute an appropriate certificate of competency for the purposes of paragraph (2):-

(i) a radio operator certificate of competency issued by the Director of Telecommunications Regulation under the provisions of the Radio Regulations, or

(ii) such a certificate issued by or under the authority of the Government of another State party to the STCW Convention where the Minister is satisfied that

(a) the requirements of the STCW Convention concerning standards of competence, the issue and endorsement of certificates and record keeping are filly complied with;

(b) prompt notification wilt be given to the Department of the Marine and Natural Resources of any significant change in the arrangements for training and certification provided in compliance with the STCW Convention; and

(c) such certificate should be recognised and endorsed by him.

(4). The endorsement referred to in the previous paragraph shall be in the form of a separate document, entitled "Certificate of Equivalent Competency"."

3. The Merchant Shipping (Radio Installations) (Amendment) Rules, 1984 ( S.I. No. 192 of 1984 ), are hereby revoked.

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

Michael Woods

Minister for the Marine and Natural Resources.

EXPLANATORY NOTE

These Rules set out a new certification structure for radio operators which reflects the requirements of STCW'95.