S.I. No. 273 of 2002

Merchant Shipping (Passenger Boat) Regulations 2002

I, Frank Fahey, Minister for the Marine and Natural Resources in exercise of the powers conferred on me by section 18 of the Merchant Shipping Act 1992 as amended by section 44 of the Merchant Shipping (Investigation of Marine Casualties) Act 2000 as adapted by the Marine (Alteration of the Name and Title of Minister) Order 1997 ( S.I. No. 301 of 1997 ) as amended, hereby make the following Regulations: -

1.         CITATION AND COMMENCEMENT

(i)     These Regulations may be cited as the Merchant Shipping (Passenger Boat) Regulations 2002.

(ii)    These Regulations shall come into operation on the 6th day of June 2003.

2.         INTERPRETATION

In these Regulations unless the context otherwise admits -

“approved” means approved by the Minister or by a body or organisation recognised by the Minister for such purpose and which is identified in a Marine Notice;

“authorised person” means a surveyor or a person authorised in writing by the Minister to carry out inspections of vessels for the purposes of Part III of the Merchant Shipping Act, 1992 (No. 2 of 1992) ;

“breadth” and “B” means the extreme breadth measured to outside of planking, plating, skin or laminate, excluding mouldings and rubbing strakes;

“collision regulations” means the Collision Regulations (Ships and Water Craft on the Water) Order 1984 ( S.I. No. 29 of 1984 ) as amended;

“crew” means any person other than a passenger;

“domestic voyage” means a voyage from a place in the State to the same or another place in the State;

“digital select calling” and “DSC” means a technique using digital codes which enables a radio station to establish contact with, and transfer information to, another station or group of stations, and complying with the relevant recommendations of the International Radio Consultative Committee (CCIR);

“efficient” in relation to a fitting, piece of equipment or material means that all reasonable and practicable measures have been taken to ensure that it is suitable for the purpose for which it is intended to be used;

“satellite EPIRB” means an earth station in the mobile-satellite, the emissions of which are intended to facilitate search and rescue.

“existing passenger boat” means a passenger boat in realation to which there is a licence in force on or after 31^st December 2002 and before 6^th June 2003 or a vessel with a certificate, issued under the Merchant Shipping (Load Lines) Act, 1968 , as amended, and in force on or after 31^st December 2002 and before 6^th June 2003 permitting the carriage of passengers for the purpose of sea angling.

“favourable weather” means weather when the visibility is good and when the combined effects of wind, sea and swell on the passenger boat are never greater than those which would cause moderate rolling or pitching or result in the shipping of green seas on the weather deck or, in the case of an open boat, over the gunwhale;

“freeboard” means the distance measured vertically downwards from the lowest point of the upper edge of the weather deck of a fully decked vessel or well decked vessel, and from the lowest point of the gunwhale in the case of an open cockpit vessel or an open vessel, to the waterline in the fully loaded condition;

“fully decked vessel” means a vessel having a weathertight deck extending for the entire length of the vessel and which is situated wholly above the waterline in the fully loaded condition;

“fully loaded condition” means loaded with fuel, stores and weights representing the total number of passengers and crew to be carried, based on 75 kg per person;

“GMDSS” means the Global Maritime Distress and Safety System;

“harbour limits” means the harbour limits under the jurisdiction of:

- a harbour authority within the meaning of the Harbours Act, 1946 , as amended ;

- a fishery harbour centre to which the Fishery Harbour Centres Act, 1968 , as amended applies, or

- a company established pursuant to section 7 of the Harbours Act, 1996 , as amended,

and where no harbour limits are specified, the harbour limits shall include an area within half a mile to sea from a designated point of departure;

“intoxicant” includes alcohol or drugs or any combination of drugs or drugs and alcohol;

“Irish Load Line Assigning Authority” means the Minister or any person or organisation authorised by the Minister for the purposes of the Merchant Shipping (Load Line) Rules, 2001, as amended;

“land” means the mainland of the state or any island which is normally inhabited and which has piers or berthing facilities which are in regular use;

“length” means the overall length measured from the foreside of the foremost fixed permanent structure to the aftside of the aftermost fixed permanent structure of the passenger boat;

“licence” means a passenger boat licence granted under section 15 of the Merchant Shipping Act, 1992 , as amended, and in force and cognate words shall be construed accordingly;

“machinery enclosure” means a compartment consisting of removable sides and top containing propulsion machinery, boilers, oil fuel units, steam and internal combustion engines, generators, major electrical machinery and similar items of machinery;

“machinery space” means any enclosed space that is not a machinery enclosure and that contains propulsion machinery, boilers, oil fuel units, steam and internal combustion engines, generators, major electrical machinery and spaces containing similar machinery;

“Marine Notice” means a Notice described as such and issued by the Department of the Marine and Natural Resources and which may be amended or replaced from time to time;

“mechanical means of propulsion” means the primary means of propulsion fitted to the passenger boat utilising power from either inboard or marine outboard engines;

“Minister” means the Minister for the Marine and Natural Resources;

“new passenger boat” means a passenger boat which is not an existing passenger boat;

“open cockpit vessel” means a vessel having a weathertight foredeck extending for at least 30% of the entire length of the vessel, situated wholly above the waterline in the fully loaded condition, and having a transverse watertight bulkhead positioned at the aft end of the foredeck forming a watertight compartment and an aft open cockpit in the fully loaded condition. The open cockpit shall be fitted with a weathertight deck at or below the waterline in the fully loaded condition, or a non-weathertight deck in any position relative to the fully loaded waterline;

“open vessel” means a boat which is not a fully deck vessel, a well decked vessel or an open cockpit vessel;

“owner”, in relation to a vessel, means the person registered under the Mercantile Marine Act 1955 as the owner of the vessel or, if no person is so registered, the person who owns the vessel, and includes any part owner, charterer, manager or operator of the vessel;

“partially smooth waters” means the areas of water specified in a Marine Notice within a period or periods, if any, specified therein;

“Principal Act” means the Merchant Shipping Act, 1894 (Session 57 & 58 Vict., chapter 60);

“sea” means any areas of water not being smooth or partially smooth waters;

“smooth waters” means any areas of water not being to sea or partially smooth waters and in particular, the areas of water specified in a Marine Notice.

“surveyor” means a person appointed under section 724 of the Principal Act to be a surveyor of ships for the purposes of that Act;

“vessel” includes any ship or boat and any other vessel used in navigation and personal watercraft;

“VHF” means the frequency spectrum between 30 Mhz and 300 Mhz;

“watertight” means capable of preventing the passage of water in any direction;

“weather deck” means the weathertight deck which is exposed to the elements;

“weathertight” means capable of preventing the admission of a significant quantity of water into the vessel when subject to a hose test;

“well decked vessel” means a vessel having a stepped weathertight deck extending for the entire length of the vessel and which is situated wholly above the waterline in the fully loaded condition;

3.         CLASSES OF PASSENGER BOAT.

For the purposes of these regulations, passenger boats shall be arranged in Classes as follows -

Class P1. Passenger boats with no more than three passengers on board used for domestic voyages in smooth waters in the course of which the passengers are engaged in activities other than those specified in Class P4.

Class P2. Passenger boats with no more than twelve passengers on board used for domestic voyages in smooth waters in the course of which the passengers are engaged in activities other than those specified in Class P4.

Class P3. Passenger boats with no more than twelve passengers on board used for domestic voyages in smooth waters, in partially smooth waters or to sea in the course of which the passenger boats are within fifteen miles (exclusive of any smooth waters or partially smooth waters) from their designated points of departure and within three miles from land.

Class P4. Passenger boats with no more than three passengers on board used for domestic voyages in smooth waters, in partially smooth waters, within harbour limits, or to sea in the course of which the passenger boats are within half a mile (exclusive of any smooth waters or partially smooth waters) from their designated points of departure; provided that the passengers are engaged exclusively in the course of their employment in connection with marine civil engineering, survey of harbour limits, dredging or similar commercial activities.

Class P5. Passenger boats with no more than twelve passengers on board used for domestic voyages in smooth waters, in partially smooth waters or to sea.

Class P6. Passenger boats with no more than twelve passengers on board used for domestic voyages in smooth waters, in partially smooth waters or to sea, in the course of which the passengers are engaged actively and solely in waterborne activities in which the passenger boats form an integral and necessary part of those activities.

4.         PASSENGER BOATS - GENERAL

(1)    Without prejudice to the Collision Regulations, every passenger boat shall be operated in a manner that takes account of other persons involved in waterborne activities, or persons who might otherwise be adversely affected by the operation of any passenger boat.

(2)    A person who has not attained the age of eighteen years shall not be in charge of a passenger boat.

(3)    A person shall not operate or be in charge or attempt to operate or be in charge of a passenger boat while that person is under the influence of an intoxicant to such an extent as to be incapable of safely operating and controlling the passenger boat.

(4)    Every liquified petroleum gas installation, such as one used for cooking or heating, shall as a minimum be installed and operated in accordance with any requirements specified in a Marine Notice.

(5)    Every passenger boat, whilst holding a passenger boat licence, shall not be used for any other activity or purpose, which could affect or alter the conditions upon which the licence was granted, during the period of validity of the licence.

(6)    Every passenger boat containing any accommodation spaces shall comply with additional requirements to those contained in these Regulations regarding structural fire protection, fire prevention and fire appliances, as may be specified by the Minister in a Marine Notice.

(7)    Every passenger boat shall be provided with a suitable means to facilitate the recovery of a person from the water.

(8)    Every passenger boat shall be maintained in a good structural and mechanical condition and the fittings and equipment specified in the licence shall be kept in good order and be available for immediate use at all times.

5.         PASSENGER BOATS OF CLASS P1

(1)       GENERAL

 Every Class P1 Passenger boat shall:

(a)    be an open vessel of no less than 4 metres in length and shall be constructed of steel, aluminium, glass reinforced plastic, wood or equivalent materials or such other materials of construction as may be considered appropriate by the Minister;

(b)    be fitted with an efficient mechanical means of propulsion capable of manoeuvring the boat safely, ahead and astern, within the limits within which the boat may, in accordance with any licence in force in relation to it, ply;

(c)    be fitted with a marine outboard engine, inboard engines shall not be fitted in any passenger boat of this class;

(d)    be fitted with an efficient means of steering the vessel at its maximum speed in the fully loaded condition, such means of steering may be incorporated into the means of propulsion;

(e)    be provided with a suitable pair of oars and rowlocks;

(f)     be fitted with adequate seating or thwarts for all persons on board;

(g)    be provided with a suitable bailer;

(h)    be provided with a suitable anchor with rope of length at least equal to four times the length of the boat;

(i)     be fitted with a permanently rigged suitable painter which shall not exceed the length of the boat and which may also be used as a tow rope;

(j)     be provided with two approved hand-held distress flares or a portable horn;

(k)    be provided with a suitable boat hook;

(l)     be provided with a suitable waterproof torch;

(m)   carry fuel in no more than two approved portable fuel tanks which shall be secured in position when on board the vessel; fuel hoses shall be of an acceptable type with appropriate quick connections, be in good condition, shall be routed and secured in such a manner as to be protected from mechanical damage. The transfer of fuel from a container to an approved portable fuel tank shall not be permitted on board.

(n)    have securely stored any accumulator batteries in a suitable and adequately ventilated container to protect the battery from mechanical damage, flooding and shorting of the terminals; electrical connections to such batteries shall be approved;

(o)    carry an approved lifejacket or approved personal flotation device for each person the passenger boat is licensed to carry and shall be worn at all times when on board.

6.        CLASS P2 PASSENGER BOATS

(1)       GENERAL

Every Class P2 Passenger boat shall:

(a)    be no less than 4 metres in length and shall be constructed of steel, aluminium, glass reinforced plastic, wood or equivalent materials or such other materials of construction as may be considered appropriate by the Minister;

(b)    be a fully decked, well decked, open cockpit or open vessel,

(c)    if a fully decked, well decked or open cockpit vessel, be fitted with at least one transverse watertight bulkhead located between 25% and 35% of the length of the vessel from forward,

(d)    if an open or open cockpit vessel, be fitted with sufficient approved built-in buoyancy to enable the vessel to remain afloat and upright in the event of the vessel being swamped;

(e)    if a fully decked, well decked or open cockpit vessel be inclined in the fully loaded condition to determine the angle of heel and the resulting freeboard when the maximum number of passengers, for which the vessel is intended to be licensed are located on one side of the vessel, as far as is possible. The crew of the vessel may be regarded as being located at the helm or otherwise along the longitudinal centreline of the vessel. Suitably distributed weights, equivalent to the total weight of the maximum number of passengers and crew, may be used on the basis of 75 kg for each passenger. This test shall be carried out in still water conditions.

(f)     be regarded as having sufficient stability if during the test outlined in regulation 6(1)(e), the boat does not heel more than 7 degrees and in the case of a fully decked or well decked vessel, the deck level remains at least 75mm above the waterline.

(g)    in the case of an open vessel, be demonstrated to the satisfaction of the Minister, that the vessel is stable when loaded with the maximum number of persons seated and evenly distributed;

(h)    be fitted with adequate seating or thwarts for each person the passenger boat is licensed to carry;

(i)     be fitted with an efficient mechanical means of propulsion capable of manoeuvring the vessel safely, in the fully loaded condition, ahead and astern, within the limits within which the vessel may, in accordance with any licence in force in relation to it, ply; marine outboard engines, utilising fuel having a flash point of not less than 60 degrees centigrade shall only be permitted in open vessels and these engines shall be of the outboard type. Inboard engines, utilising such fuels, shall not be used on such a passenger boat;

(j)     carry a suitable pair of oars and rowlocks in the case of any boat fitted with an outboard engine or engines;

(k)    be fitted with an efficient means of steering the vessel at the maximum speed in the fully loaded condition, such means of steering may be incorporated into the means of propulsion;

(l)     be provided with a suitable anchor with a rope of length at least equal to four times the length of the boat;

(m)   be fitted with a permanently rigged painter which shall not exceed the length of the vessel and which may also be used as a tow rope;

(n)    be provided with at least two approved hand-held distress flares, two approved orange smoke markers and a suitable horn;

(o)    be provided with a suitable boat hook;

(p)    be provided with a suitable waterproof torch.

(2)       BILGE PUMPING ARRANGEMENTS

Every Class P2 Passenger Boat shall:

(a)    in the case of an open vessel, be provided with a hand operated bilge pump or suitable bailer;

(b)    in the case of a vessel, other than an open vessel, be provided with a fixed bilge pumping system connected to a pump, which shall be hand operated, capable of pumping water from any enclosed compartment within the hull of the boat. Any such bilge system shall be operable from above the weathertight deck and comply with the specification outlined in the following table:-

(3)       FIRE EXTINGUISHING APPLIANCES

Every Class P2 Passenger Boat shall:

in the case of an open vessel of 9 metres or less in length, be provided with a suitable bucket with lanyard for extinguishing fires and every other vessel shall be fitted with a pump, hose and suitable nozzle capable of applying water to any part of the vessel; this pump may be hand operated and may be fitted with a throw-overboard, flexible, non-collapsible, suction hose.

(4)       LIFE-SAVING APPLIANCES

Every Class P2 Passenger Boat shall carry:

(a)  (i)  approved buoyant apparatus or apparatuses of sufficient aggregate capacity to support all persons for which the passenger boat is licensed or;

(ii)  approved lifebuoys of sufficient aggregate capacity to support all persons for which the boat is licensed. An approved lifebuoy shall be deemed sufficient to support two persons or,

(iii) an approved lifejacket or approved personal flotation device for each person the passenger boat is licensed to carry. In the case of open vessels, every person shall wear an approved lifejacket or approved personal flotation device at all times whilst on board : and

(b)  in addition to the foregoing, at least two approved lifebuoys;

all of which life saving equipment shall be stored in a float free manner.

(5)       FIRE RESTRICTING AND EXTINGUISHING ARRANGEMENTS FOR MACHINERY SPACES

(a)    every inboard engine on a class P2 passenger boat shall be contained within a machinery space or enclosure. Such a space or enclosure shall be lined internally, as far as is reasonable and practicable, with fire resistant materials. The boundaries of a machinery space or enclosure shall be as gas tight as is reasonable and practicable. Means shall be provided to ensure that any openings to such spaces can be readily closed tight in a rapid and simple manner;

(b)    every machinery space or enclosure, on a class P2 passenger boat, which does not exceed 4.5m³ gross volume shall be fitted with a means of extinguishing fire in accordance with the following requirements: -

such new passenger boats shall have the facility to discharge an approved carbon dioxide extinguisher through a readily accessible opening in the space or enclosure boundary, such opening shall be as small as practicable and such an extinguisher shall be carried on the vessel. Such an extinguisher shall contain not less than 3kg of CO₂ in the case of a space or enclosure of less than 2.8m³ and not less than 5kg of CO₂ in the case of a space or enclosure of less than 4.5m³;

(c)    every machinery space or enclosure, on a class P2 passenger boat, which exceeds 4.5m³ gross volume shall be fitted with a fixed means of extinguishing fire in accordance with the following requirements: -

such new passenger boats shall be fitted with an approved carbon dioxide fire extinguisher, located outside the space or enclosure but connected through permanent piping to suitable distribution nozzles within the space or enclosure. Such piping shall be installed in such a manner as to prevent the accumulation of moisture within the piping. The quantity of carbon dioxide provided shall be sufficient to occupy at least 60% of the volume of the space or enclosure based on 0.56 cubic metres of free gas per kg of liquid;

(d)    every inboard engine on a class P2 passenger boat shall be capable of being stopped by direct mechanical means from outside the machinery space or enclosure.

(6)       FUEL TANKS AND BATTERIES

(a)    Fuel used with marine outboard engines on open vessels of this class shall be carried in no more than two approved portable fuel tanks which shall be secured in position when on board the vessel; fuel hoses shall be of an acceptable type with appropriate quick connections, be in good condition, and be routed and secured in such a manner as to be protected from mechanical damage. The transfer of fuel from a container to an approved portable fuel tank shall not be permitted on board;

(b)    Fuel tanks used with inboard engines in this class of vessel shall be of steel or an acceptable equivalent, secured in position and connected to the engine via suitable steel piping. Short sections of an approved type flexible piping may be used in areas where movement may be experienced. A fuel shut off valve or cock shall be fitted at the outlet from the tank and if the fuel tank is not located in an open and readily accessible area, then this valve or cock shall be fitted with a means of being closed from outside the space containing the tank. Enclosed spaces containing fuel tanks shall be well ventilated;

(c)    Passenger boats of this class shall have securely stored any accumulator batteries in a suitable and adequately ventilated container to protect the battery from mechanical damage, flooding and shorting of the terminals; electrical connections to such batteries shall be approved.

7.         PASSENGER BOATS OF CLASS P3

(1)       GENERAL

Class P3 passenger boats shall:

(a)    be no less than 6 metres in length and shall be constructed of steel, aluminium, glass reinforced plastic, wood or equivalent materials or such other materials of construction as may be considered appropriate by the Minister;

(b)    be a fully decked, well decked or open cockpit vessel;

(c)    if a fully decked, well decked or open cockpit vessel be fitted with at least one transverse watertight bulkhead located between 25% and 35% of the length of the vessel from forward;

(d)    if an open cockpit vessel be fitted with sufficient approved built-in buoyancy to enable the vessel to remain afloat and upright in the event of swamping of the vessel;

(e)    if a new vessel, submit satisfactory evidence in relation to the adequacy of the scantlings, quality of materials used and standard of the construction of the vessel, which evidence may be in the form of certification from the builder of the vessel or similar documentation as may be acceptable to the Minister;

(f)     have all openings, including but not limited to, sea suctions, discharges, hatchways, doors, ventilators, windows, port-lights and sidelights, which could allow water to gain access to the hull, fitted with an effective means whereby they can be readily closed in a weathertight manner;

(g)    be fitted, as far as is reasonable and practicable, with effective bulwarks or guardrails, which shall extend around the sides and ends of open deck areas, and extend to a height of at least 1 metre above the deck or area where passengers or crew may stand. Guardrails shall be fitted with intermediate rails as necessary. Bulwarks or guardrails may be fitted with opening sections, doors or gates to facilitate safe embarkation or disembarkation of passengers and crew;

(h)    be fitted with adequate seating or thwarts for all persons on board and the seating capacity shall be assessed on the basis of 460mm seat width per passenger;

(i)     in the case of fully decked vessels having solid bulwarks and well decked vessels, be fitted with a sufficient number of freeing ports of adequate size and suitably located to prevent the accumulation and retention of water on the deck. Notwithstanding the foregoing, at least two freeing ports each having a cross-sectional area of at least 225 sq cm, shall be provided on each side of the vessel and shall be longitudinally displaced from each other at the maximum distance that is reasonable and practicable. Open cockpit vessels, where the deck level is below the waterline, shall have means whereby water on the deck shall drain efficiently to the bilge below.

(2)       OPERATIONAL FREEBOARD OR CLEAR HEIGHT OF SIDE

Every passenger boat of Class P3 shall have a minimum freeboard in accordance with the following requirements : -

When in still water, upright and in the fully loaded condition the vessel shall: -

(a)     in the case of a fully decked vessel, have a freeboard of not less than

 BREADTH (B)

8       measured down from the lowest point of the weather deck;

(b)    in the case of a well decked vessel, have a freeboard of not less than

 BREADTH (B)

12      measured down from the lowest point of the well deck;

(c)    in the case of an open cockpit vessel, have a freeboard of not less than 380 mm for a vessel of 6 metres in length and 760 mm for a vessel of 18 metres in length or over. The freeboard for vessels of lengths between 6 metres and 18 metres shall be determined by linear interpolation between 380 mm and 760 mm.

(3)       STABILITY

Every Class P3 Passenger Boat shall:

(a)    be inclined in the fully loaded condition to determine the angle of heel and the resulting freeboard when the maximum number of passengers, for which the vessel is intended to be licensed are located on one side of the vessel, as far as is possible. The crew of the vessel may be regarded as being located at the helm or otherwise along the longitudinal centreline of the vessel. Suitably distributed weights, equivalent to the total weight of the maximum number of passengers and crew, may be used on the basis of 75 kg for each passenger. This test shall be carried out in still water conditions.

(b)    be regarded as having sufficient stability if during the test outlined in regulation 7(3)(a) above, the boat does not heel more than 7 degrees and in the case of a fully decked or well decked vessel, the deck level remains at least 75mm above the waterline.

(4)       MACHINERY AND ELECTRICAL INSTALLATIONS

(a)   Propulsion

Every Class P3 Passenger Boat shall:

(i)    be fitted with an efficient mechanical means of propulsion capable of manoeuvring the vessel safely, in the fully loaded condition, ahead and astern, within the limits within which the vessel may, in accordance with any licence in force in relation to it, ply;

(ii)    not utilise fuel having a flash point of less than 60 degrees centigrade in any engines other than those permitted in open cockpit vessels operating in such exceptional circumstances as may be agreed with the Minister and these engines shall be of the marine outboard type used for propulsion;

(iii)   be provided with an efficient means of starting any engines required for propulsion and if such engines cannot be started by hand then an alternative means shall be provided; provided that any such means shall be capable of ensuring at least 6 consecutive starts without having to resort to recharging or replenishment;

(iv)   be provided with a satisfactory means for controlling the speed and direction of the mechanical means of propulsion. If such means provide for remote operation of the mechanical means of propulsion then provision shall be included to stop the engine at the remote operating position. Inboard engines shall be capable of being stopped by direct mechanical means from outside the machinery space or enclosure. Such means shall not rely on any external source of power and shall be capable of operating when no power is available on the vessel;

(v)   be provided with adequate instrumentation, to indicate the status of essential operating conditions of the machinery. If the machinery is capable of remote control then such instrumentation, shall be provided at the remote control station;

(vi)   not have stored within the machinery space or enclosure of any such boat loose containers of any oil or flammable product; loose containers of liquid having a flash point of 60 degrees centigrade or less, shall not be carried in any location on any such boat.

(b)    Steering:

Class P3 Passenger boats shall:

(i)    be fitted with an efficient means of steering the vessel in the fully loaded condition and at the maximum speed;

(ii)    be provided with an emergency means of controlling the rudder in the event of failure of the remote system if the steering or operation of the rudder is capable of remote operation. Such an emergency system shall be capable of being brought into operation in a rapid and simple manner.

(c)  Fuel Systems

Class P3 passenger boats shall have:

(i)     fuel tanks used with inboard engines in this class of vessel, of steel or an acceptable equivalent, secured in position and connected to the engine via suitable steel piping. Short sections of an approved type flexible piping may be used in areas where movement may be experienced. A fuel shut off valve or cock shall be fitted at the outlet from the tank and if the fuel tank is not located in an open and readily accessible area, then this valve or cock shall be fitted with a means of being closed from outside the space containing the tank. Enclosed spaces containing fuel tanks shall be well ventilated;

(ii)    oil fuel supply systems which shall be fitted with filtration facilities and a means to facilitate the separation and drainage of water in the fuel;

(iii)   a separate fuel system for each engine in vessels which are fitted with more than one propulsion engine;

(iv)   a means to ensure that spillages of any oils, including fuel oil, lubricating oil or hydraulic oil, can be contained and readily removed without contamination of the bilges;

(v)    fuel used with marine outboard engines on open vessels of this class shall be carried in no more than two approved portable fuel tanks which shall be secured in position when on board the vessel; fuel hoses shall be of an acceptable type with appropriate quick connections, be in good condition, and be routed and secured in such a manner as to be protected from mechanical damage. The transfer of fuel from a container to an approved portable fuel tank shall not be permitted on board.

(d)  Electrical Equipment and Installations

Class P3 Passenger boats shall:

(i)    have installed electrical installations and associated equipment in such a manner as to minimise the risk of electric shock and fire;

(ii)    have securely stored any accumulator batteries in a suitable and adequately ventilated container to protect the battery from mechanical damage, flooding and shorting of the terminals; electrical connections to such batteries shall be approved;

(iii)   in the case of all new passenger boats of such class, be fitted with electrical installations, which comply with an approved standard.

(e)   Bilge pumping arrangements

Class P3 Passenger boats shall:

(i)    be provided with a fixed bilge pumping system capable of pumping water from any enclosed compartment within the hull of the vessel. Any such bilge system shall be operable from above the weathertight deck;

(ii)    arrange the bilge pumping, piping and associated valves in such a way as to prevent flooding, through the system, of any compartment or from one compartment to another;

(iii)   in the case of vessels of 12 metres in length and over, be fitted with bilge pumps having a total capacity of at least 275 litres per minute and at least one of those pumps shall be power driven with a capacity of at least 140 litres per minute. Where two power pumps are provided, each shall be supplied from an independent power source;

(iv)   in the case of vessels of less than 12 metres in length, have a bilge pumping capacity of at least 90 litres per minute;

(v)    be fitted with a bilge level detector and an audible alarm to monitor the bilge level within any enclosed space containing machinery essential for the propulsion of the vessel;

(f)   Fire Fighting and Fire Extinguishing Arrangements

Class P3 Passenger boats shall:

(i)    be fitted with at least one permanent fire pump of an approved type which shall be dedicated to this purpose. This pump, which may be hand operated, shall be permanently fitted with a suitable hose and a nozzle capable of producing a jet of water to reach any part of the boat and its capacity shall not be less than any required bilge pump;

(ii)    have located outside the machinery space or enclosure such a fire pump, as well as its source of power and its sea connections. The hull sea connection for such pumps shall be of a permanent type and shall be fitted with a suitable shut-off valve or cock located at the hull. If such valves or cocks are not readily accessible then they shall be fitted with arrangements which will facilitate operation of the valve or cock from above the deck;

(iii)   be provided with piping made of steel from the sea connection to the fire pump. The Minister may consider other material which shall not be readily rendered ineffective by heat;

(v)   have located on the open deck hand operated fire pumps;

(vi)   have every inboard engine contained within a machinery space or enclosure. Such a space or enclosure shall be lined internally, as far as is reasonable and practicable, with fire resistant materials. The boundaries of a machinery space or enclosure shall be as gas tight as is reasonable and practicable. Means shall be provided to ensure that any openings to such spaces can be readily closed tight in a rapid and simple manner;

(vii) every machinery space or enclosure, which does not exceed 4.5m³ gross volume fitted with a means of extinguishing fire in accordance with the following requirements: -

such new passenger boats shall have the facility to discharge an approved carbon dioxide extinguisher through a readily accessible opening in the space or enclosure boundary, such opening shall be as small as practicable and such an extinguisher shall be carried on the vessel. Such an extinguisher shall contain not less than 3kg of CO₂ in the case of a space or enclosure of less than 2.8m³ and not less than 5kg of CO₂ in the case of a space or enclosure of less than 4.5m³;

(viii)every machinery space or enclosure which exceeds 4.5m³ gross volume shall be fitted with a fixed means of extinguishing fire in accordance with the following requirements: -

(a)      such new passenger boats shall be fitted with an approved carbon dioxide fire extinguisher, located outside the space or enclosure but connected through permanent piping to suitable distribution nozzles within the space or enclosure. Such piping shall be installed in such a manner as to prevent the accumulation of moisture within the piping. The quantity of carbon dioxide provided shall be sufficient to occupy at least 60% of the volume of the space or enclosure based on 0.56 cubic metres of free gas per kg of liquid;

(b)       every inboard engine on a class P2 passenger boat shall be capable of being stopped by direct mechanical means from outside the machinery space or enclosure;

(viii)      be provided with at least one approved portable fire extinguisher for use within each machinery space or enclosure normally accessible to passengers or crew and with at least one approved portable extinguisher suitable for use on oil fires for use in machinery spaces;

(ix)       be provided with a suitable fire blanket for use in any galley or cooking area;

(x)        be provided with a suitable fire bucket with lanyard.

(g)  Life Saving Appliances

Class P3 Passenger boats shall:

(i)   be fitted with an approved liferaft or liferafts of sufficient aggregate capacity to accommodate all persons on board, such liferaft or liferafts shall be maintained in accordance with the servicing requirements. Any liferaft, fitted on any passenger boat shall be secured in position and any such securing arrangements shall be fitted with an approved hydrostatic release mechanism with weak link to automatically allow the liferaft to release, float free and inflate in the event of the vessel sinking. Such stowage arrangements shall also incorporate the facility for manual release of the liferaft. As far as reasonable and practicable each liferaft shall be stowed away from areas of fire risk and in such a manner that it may be readily launched overboard in an emergency;

(ii)  be fitted with at least two approved lifebuoys that shall be stowed in a float free manner. At least one of these lifebuoys but not more than 50%, of their number shall be fitted with a suitable buoyant line of at least 15 metres in length;

(iii) be provided with an approved lifejacket for each person the passenger boat is licensed to carry, such lifejackets shall be stowed in a readily accessible location for use in an emergency;

(iv) be provided with at least 4 approved red parachute distress flares, 4 approved hand-held distress flares and 2 approved buoyant orange smoke signals, which shall be stowed in a readily accessible waterproof container.

(h)  General

Class P3 Passenger boats shall:

(i)   be provided with a suitable standard magnetic steering compass, which shall be properly adjusted and located adjacent to the steering position;

(ii)  be provided with an approved VHF radio fitted with DSC;

(iii) be provided with a suitable first-aid kit;

(iv) be provided with a waterproof torch;

(v)  carry sufficient up to date navigation charts to cover the area in which the passenger boat is licensed to operate;

(vi) have heavy items of equipment and fittings secured in position;

(vii)be provided with a suitable boat hook;

(viii) be provided with a suitable anchor permanently connected to at least 4 metres of suitable chain to which a suitable rope shall be permanently connected having a length of at least four times the length of the vessel; such anchor to be stored in such a manner that it is readily available at al times.

8.         CLASS P4 PASSENGER BOATS

(1)       GENERAL

Passenger boats of class P4 shall:

(a)    be no less than 4 metres in length and shall be constructed of steel, aluminium, glass reinforced plastic, wood or equivalent materials or such other materials of construction as may be considered appropriate by the Minister;

(b)    be restricted to operating in favourable weather conditions;

(c)    be fitted with an efficient mechanical means of propulsion capable of manoeuvring the vessel safely, in the fully loaded condition, ahead and astern, within the limits within which the vessel may, in accordance with any licence in force in relation to it, ply; engines, utilising fuel having a flash point of less than 60 degrees centigrade shall only be permitted in open vessels and these engines shall be of the marine outboard type. Inboard engines, utilising such fuels, shall not be used on such a passenger boat;

(d)    be fitted with an efficient means of steering the vessel at the maximum speed in the fully loaded condition, such means of steering may be incorporated into the means of propulsion;

(e)    carry a suitable pair of oars and rowlocks in the case of any boat fitted with an outboard engine or engines;

(f)     be provided with a suitable anchor with rope of length at least equal to four times the length of the boat;

(g)    be fitted with a permanently rigged painter which shall not exceed the length of the vessel and which may also be used as a tow rope;

(h)    be provided with a suitable boat hook;

(i)     be provided with a suitable bucket and lanyard;

(j)     be fitted with adequate seating or thwarts for each person the passenger boat is licensed to carry;

(k)    be provided with at least two hand-held distress flares or a portable horn;

(l)     be provided with a suitably waterproofed hand-held VHF radio for communication with a responsible person on shore;

(m)   be provided with a suitable waterproof torch;

(n)    in the case of vessels operating in darkness, be fitted with strips of approved retro-reflective material on the outside of the hull, in addition to complying with the relevant requirements of the Collision Regulations.

(2)       LIFE SAVING APPLIANCES

Class P4 Passenger boats shall carry an approved lifejacket or approved personal flotation device for each person the passenger boat is licensed to carry and shall be worn at all times when on board.

(3)       FUEL TANKS

Class P4 Passenger boats shall have:

(a)    fuel used with marine outboard engines on open vessels of this class carried in no more than two approved portable fuel tanks which shall be secured in position when on board the vessel; fuel hoses shall be of an acceptable type with appropriate quick connections, be in good condition, and be routed and secured in such a manner as to be protected from mechanical damage. The transfer of fuel from a container to an approved portable fuel tank shall not be permitted on board;

(b)    fuel tanks used with inboard engines in this class of vessel, of steel or an acceptable equivalent, secured in position and connected to the engine via suitable steel piping. Short sections of an approved type flexible piping may be used in areas where movement may be experienced. A fuel shut off valve or cock shall be fitted at the outlet from the tank and if the fuel tank is not located in an open and readily accessible area, then this valve or cock shall be fitted with a means of being closed from outside the space containing the tank. Enclosed spaces containing fuel tanks shall be well ventilated;

(c)    have securely stored any accumulator batteries in a suitable and adequately ventilated container to protect the battery from mechanical damage, flooding and shorting of the terminals; electrical connections to such batteries shall be approved.

9.         CLASS P5 PASSENGER BOATS

Class P5 passenger Boats shall:

(1)        comply with the requirements for Class P3 passenger boats set out at Regulation 7 of these Regulations, and;

(2)        in the case of vessels which operate no more than 30 miles from land, comply with the following additional requirements :-

(a)    the hull of every new vessel shall be constructed in such manner as is considered appropriate by the Minister. The Minister may accept a hull where the scantlings, quality of materials and workmanship used, are in accordance with the relevant requirements of a recognised organisation such as an Irish Loadline Assigning Authority. Evidence will be required to show that the hull was constructed in a manner acceptable to the Minister. This may take the form of survey under construction by a surveyor, appointed by the Minister, a construction certificate issued by another administration acceptable to the Minister, a construction certificate issued by a recognised organisation or other documentation acceptable to the Minister;

(b)    if a new vessel be fully decked or well decked;

(c)    be fitted with approved radio equipment complying with GMDSS requirements appropriate to the area within the limits within which the boat may, in accordance with any licence in force in relation to it, ply;

(d)    carry an approved EPIRB which shall be stowed in a “float-free” manner;

(e)    carry one approved handheld VHF radio complying with GMDSS requirements;

(f)     be fitted with a suitable radar reflector located as high as possible on the vessel;

(g)    be provided with shelter for all passengers on board;

(h)    be provided with a fixed toilet installation.

(3)        shall in the case of vessels which operate more than thirty miles from land comply with the requirements set out in Regulation 9(1) and 9(2) and the following additional requirements:

(a)    they shall be fully decked and fitted with additional watertight bulkheads, as far as is reasonable and practicable, in order to provide an enhanced level of survivability in the event of the hull being breached. The number and position of such bulkheads shall be to the satisfaction of the Minister;

(b)    they shall be fitted with at least two separate means of propulsion. Such means of propulsion to be installed, together with ancillary equipment and systems, in such a manner as to provide for the redundancy of one propulsion system;

(c)    they shall be provided with at least one approved Search and Rescue Radar Transponder which shall be readily accessible for transfer into any survival craft;

(d)    they shall have fitted on each lifejacket, which is required to be carried on board the vessel an approved light.

10.       CATEGORY P6 PASSENGER BOATS

(1)       GENERAL

In the case of Class P6 passenger boats the following provisions shall apply:

(a)        such vessels shall be constructed of wood, steel, aluminium alloy, glass reinforced plastic, composite materials or combinations of these materials. The construction of any such vessel shall be such as to ensure that it is fit, in all respects, for the intended purpose. Other materials of construction may be considered by the Minister;

(b)        in the case of a new vessel, satisfactory evidence shall be submitted in relation to the adequacy of the scantlings, quality of materials used and standard of the construction of the vessel, which evidence may be in the form of certification from the builder of the vessel or similar documentation as may be approved by the Minister;

(c)        they shall not rely for their buoyancy on inflated structures only;

(d)        they shall be operated by masters and crews who have undergone training in the operation of such vessels when used for the purposes of any activity in respect of which the Minister considers it necessary;

(e)        when specified by the Minister, the master shall ensure that all persons on board are suitably attired and are fully briefed on emergency procedures including the procedure when a person falls overboard;

(f)         in vessels which can operate at speeds of 15 knots or more by mechanical means they shall be provided with means to automatically stop the propulsion in the event of the helmsman falling overboard. If this requirement is satisfied by the use of a removable fitting being displaced from the operating position then a duplicate fitting must be retained on board;

(g)        they shall be provided with secure seating for every passenger and such bulwarks, grab-rails or hand-holds as deemed appropriate by the Minister;

(h)        they shall be provided with facilities to secure any heavy items of equipment associated with the recreational activity for which the vessel is being used;

(i)         they shall not exceed the maximum loading comprising of the number of persons and any associated equipment recommended by the vessel manufacturers specifications or be subject to the following stability test:

(i)   in order to determine the stability characteristics of the vessel, other than open vessels, be inclined in a simulated fully loaded condition to determine the resulting angle of heel when the maximum number of persons, which can be located on one side, are transferred to one side based on 75 kg weight for each passenger; for the purposes of the test the crew of the vessel may be regarded as being at the normal operating position or positions. The angle of heel, resulting from this test, shall not exceed 7 degrees and a minimum freeboard of at least 75 mm shall remain in the inclined condition;

(ii)  in the case of an open vessel, be demonstrated to the satisfaction of the Minister, that the vessel is stable when loaded with the maximum number of persons seated and evenly distributed;

(iii) or such other test for stability as deemed appropriate by the Minister;

(j)         they shall carry at least one approved portable fire extinguisher for use within each enclosed space normally accessible to passengers or crew and in addition, at least one approved portable extinguisher, suitable for use on oil fires, shall be provided for use in each machinery space.

(2)       PROPULSION

In the case of Class P6 passenger boats the following provisions shall apply:

(a)        all such vessels shall be provided with a mechanical means of propulsion which may consist of either an inboard or marine outboard engine. Inboard engines, operating on fuels having a flash point of less than 60 degrees centigrade, shall not be permitted in such a vessel. Marine outboard engines, operating on such fuels, may be used;

(b)        fuel used with marine outboard engines on open vessels of this class shall be carried in no more than two approved portable fuel tanks which shall be secured in position when on board the vessel; fuel hoses shall be of an acceptable type with appropriate quick connections, be in good condition, and be routed and secured in such a manner as to be protected from mechanical damage. The transfer of fuel from a container to an approved portable fuel tank shall not be permitted on board;

(c)        fuel tanks used with inboard engines in this class of vessel shall be of steel or an acceptable equivalent, secured in position and connected to the engine via suitable steel piping. Short sections of an approved type flexible piping may be used in areas where movement may be experienced. A fuel shut off valve or cock shall be fitted at the outlet from the tank and if the fuel tank is not located in an open and readily accessible area, then this valve or cock shall be fitted with a means of being closed from outside the space containing the tank. Enclosed spaces containing fuel tanks shall be well ventilated;

(d)        inboard engines shall be capable of being stopped by direct mechanical means from outside the machinery space;

(e)        marine outboard engines shall be properly secured to the transom;

(f)         remote control linkages or cables shall be readily detachable at the engine and an emergency means of steering shall be provided;

(g)        remote control or electrical cables shall be located and secured to minimise the risk of damage through chaffing or abrasion and they shall not pose a tripping hazard;

(h)        have securely stored any accumulator batteries in a suitable and adequately ventilated container to protect the battery from mechanical damage, flooding and shorting of the terminals; electrical connections to such batteries shall be approved;

(i)         have every inboard engine contained within a machinery space or enclosure. Such a space or enclosure shall be lined internally, as far as is reasonable and practicable, with fire resistant materials. The boundaries of a machinery space or enclosure shall be as gas tight as is reasonable and practicable. Means shall be provided to ensure that any openings to such spaces can be readily closed tight in a rapid and simple manner;

(j)        every machinery space or enclosure, which does not exceed 4.5m³ gross volume fitted with a means of extinguishing fire in accordance with the following requirements: -

 (i)        such new passenger boats shall have the facility to discharge an approved carbon dioxide extinguisher through a readily accessible opening in the space or enclosure boundary, such opening shall be as small as practicable and such an extinguisher shall be carried on the vessel. Such an extinguisher shall contain not less than 3kg of CO₂ in the case of a space or enclosure of less than 2.8m³ and not less than 5kg of CO₂ in the case of a space or enclosure of less than 4.5m³.

(k)       every machinery space or enclosure which exceeds 4.5m³ gross volume shall be fitted with a fixed means of extinguishing fire in accordance with the following requirements: -

(ii)        such new passenger boats shall be fitted with an approved carbon dioxide fire extinguisher, located outside the space or enclosure but connected through permanent piping to suitable distribution nozzles within the space or enclosure. Such piping shall be installed in such a manner as to prevent the accumulation of moisture within the piping. The quantity of carbon dioxide provided shall be sufficient to occupy at least 60% of the volume of the space or enclosure based on 0.56 cubic metres of free gas per kg of liquid.

(3)       EQUIPMENT

The following equipment shall be carried on vessels of Class P6

(a)    a suitable steering compass;

(b)    a suitable portable waterproof radio;

(c)    four approved red parachute distress rockets, four approved red hand-held flares and two approved orange smoke floats;

(d)    a suitable anchor with at least 15 metres of rope;

(e)    a tool-kit suitable for engine and control fittings;

(f)     a buoyant line of at least 10 metres in length, suitable for towing the vessel;

(g)    a permanently rigged painter no longer than the length of the vessel;

(h)    a suitable boat hook;

(i)     a waterproof torch.

(4)       CLASS P6 PASSENGER BOATS OTHER THAN PASSENGER BOATS OF 24 METRES OR LESS IN LENGTH, ENGAGED IN SAILING ACTIVITIES

shall in addition to complying with regulation 10(1),(2) and (3), comply with the following requirements:

(a)        they shall be no less than 6 metres in length;

(b)        they shall be a fully decked, well decked, open cockpit or open vessel;

(c)        they shall, if a fully decked, well decked or open cockpit vessel be fitted with at least one transverse watertight bulkhead located between 25% and 35% of the length of the vessel from forward;

(d)        they shall if an open or open cockpit vessel be fitted with sufficient built-in buoyancy to enable the vessel to remain afloat and upright in the event of swamping of the vessel;

(e)        they shall, if a fully decked, well decked or open cockpit vessel be inclined in a simulated fully loaded condition to determine the resulting angle of heel when the maximum number of persons, which can be located on one side, are transferred to one side based on 75 kg weight for each passenger; for the purposes of the test the crew of the vessel may be regarded as being at the normal operating position or positions. The angle of heel, resulting from this test, shall not exceed 7 degrees and a minimum freeboard of at least 75 mm shall remain in the inclined condition;

(f)         if an open vessel it shall be demonstrated to the satisfaction of the Minister, that the vessel is stable when loaded with the maximum number of persons seated and evenly distributed;

(g)        if of the rigid hull inflatable (RIB) type such vessels shall be considered to have met the requirements of regulation 10(4)(b)(c)(d)(e) provided that the inflatable tubes or collars are subdivided into at least five separate compartments of approximately equal volume with each compartment having a separate means of inflation and the design and construction of such craft is such that the vessel remains afloat in the event of any compartment being damaged. The construction of the hull, the tubes, the attachment of the tubes to the hull and any buoyancy materials used shall be of a standard acceptable to the Minister. A suitable means of inflating the tubes together with a suitable repair kit shall be carried on board at all times;

(h)        all persons on board such a vessel shall wear an approved lifejacket or an approved personal flotation device at all times. In addition, for the purposes of any activity in respect of which the Minister considers it necessary suitable protective clothing shall be provided for all persons on board to wear;

(i)         passenger boats may be used for the carriage of divers and be permitted to operate up to three miles from land under the following conditions:-

(i)    all persons shall wear wet or dry suits together with an approved lifejacket or approved personal flotation device at all times when in the vessel. Lifejackets, specifically designed for use by divers or suitable buoyancy compensators may fulfil this requirement;

(j)              in the case of an open vessel, be provided with a hand operated bilge pump or suitable bailer; in the case of a vessel, other than an open vessel, be provided with a fixed bilge pumping system connected to a pump, which shall be hand operated, capable of pumping water from any enclosed compartment within the hull of the boat. Any such bilge system shall be operable from above the weathertight deck and comply with the specification outlined in the following table:-

or if a RIB carry a suitable bailer and be fitted with means of rapidly draining or removing any water taken on board, such means shall be capable of preventing back-flooding into the vessel.

(5)       PASSENGER BOATS, OF 24 METRES OR LESS IN LENGTH, ENGAGED IN SAILING ACTIVITIES

In addition to complying with regulation 10(1),(2) and (3) such vessels shall comply with the following:

(a)        such vessels that ply up to three miles from land shall comply with regulation 7(1), 7(2) and 7(4);

(b)        such vessels that ply greater than three miles from land shall comply with regulation 9 other than regulation 7(3);

(c)        all persons shall wear an approved lifejacket or an approved buoyancy aid at all times when on deck at sea in such a vessel. All persons on board shall use safety lines when on deck at sea in cases where the bulwarks or guard rails do not comply with those requirements applicable to passenger boats of 7(1)(g). It shall be the responsibility of the master to ensure that all personnel are suitably attired and fully briefed in relation to any emergency procedures;

(d)        all such new vessels shall be required to comply with the stability criteria applicable to vessels under sail as outlined in a Marine Notice.

EXPLANATORY NOTE

(THIS NOTE IS NOT PART OF THE INSTRUMENT AND DOES NOT PURPORT TO BE A LEGAL INTERPRETATION)

These Regulations require all passenger boats to comply with the safety requirements applicable to their class of vessel as set out in these Regulations.