S.I. No. 648 of 2003

Merchant Shipping (Passenger Boat) (Amendment) Regulations 2003

I, Dermot Ahern, Minister for Communications, Marine and Natural Resources in exercise of the powers conferred on me by section 18 of the Merchant Shipping Act 1992 ( No. 2 of 1992 ) as amended by section 44 of the Merchant Shipping (Investigation of Marine Casualties) Act 2000 ( No. 14 of 2000 ) as adapted by the Marine and Natural Resources (Alteration of Name of Department and Title of Minister) Order 2002 ( S.I. No. 307 of 2002 ), hereby make the following regulations:

1.       These Regulations may be cited as the Merchant Shipping (Passenger Boat) (Amendment) Regulations 2003.

2.       The Merchant Shipping (Passenger Boat) Regulations 2002 ( S.I. No. 273 of 2002 ), as amended by the Merchant Shipping (Passenger Boat) (Amendment) Regulations 2002 ( S.I. No. 555 of 2002 ), are amended as follows:-

(a) by inserting after Regulation 1 the following:

“1A.        APPLICATION

(1)      These Regulations apply to all new passenger boats.

(2)      These Regulations apply to all existing passenger boats on expiry of their Passenger Boat Licence or on expiry of their Load Line Exemption Certificate.

(3)      Subject to paragraph (6), Regulations 6(1)(c), 6(1)(e), 6(1)(f), 6(2)(b), 6(6)(b) and 6(6)(c) do not apply to existing passenger boats operating in smooth waters or partially smooth waters in the course of which the passengers are engaged in activities other than those specified in Class P4 in Regulation 3.

(4)      Subject to paragraph (7), Regulations 7(1)(b), 7(1)(c), 7(1)(d), 7(1)(g), 7(3), 7(4)(a)(iii), 7(4)(c)(i), 7(4)(c)(iii), 7(4)(d)(ii), 7(4)(e), 7(4)(f)(iii), 7(4)(h)(ii) and 7(5) do not apply to existing passenger boats operating 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.

(5)      Subject to paragraph (8), Regulations 9(2)(b), 9(2)(c), 9(2)(d), 9(2)(e), 9(2)(g), 9(2)(h), 9(3)(b), 9(3)(c), 9(3)(d) and 9(3)(e) do not apply to existing passenger boats operating in smooth waters, in partially smooth waters or to sea.

(6)      Existing passenger boats referred to in paragraph (3) shall comply with Regulation 6(2)(b), 6(6)(b) and 6(6)(c) with effect from 1 January 2006 or on the expiry of the vessel's passenger boat licence which ever date is the later.

(7)      Existing passenger boats referred to in paragraphs (4) and (5) shall comply with Regulations 7(4)(a)(iii), 7(4)(c)(i), 7(4)(c)(iii), 7(4)(d)(ii), 7(4)(e), 7(4)(f)(iii), 7(4)(h)(ii) and 7(5) with effect from 1 January 2006 or on the expiry of the vessel's passenger boat licence which ever date is the later.

(8)      Existing passenger boats referred to in paragraph (5) shall comply with Regulations 9(2)(c), 9(2)(d), 9(2)(e), 9(2)(h), 9(3)(b), 9(3)(c), 9(3)(d) and 9(3)(e) with effect from 1 January 2006 or on expiry of the vessel's passenger boat licence which ever date is the later.

 1B. EQUIVALENT ARRANGEMENTS

 Where these Regulations require that the hull or machinery of a passenger boat shall be constructed in a particular manner, or that particular equipment shall be provided, or particular provision shall be made, the Minister may approve the hull or machinery of the passenger boat to be constructed in any other manner or any other equipment to be provided or other provision made, if he or she is satisfied by trial thereof or otherwise that other construction or equipment or other provision is at least as effective as that required by these Regulations.”,

(b) In Regulation 2 by substituting for the definition of “existing passenger boat” the following;

“`existing passenger boat' means a vessel for which a Passenger Boat Licence or an Irish Load Line Exemption Certificate under the Merchant Shipping (Load Lines) Act 1968 , for the carriage of sea anglers, was issued prior to 1 January 2003, provided that the vessel continues to operate within the previously assigned maximum plying limits, and the vessel arrangement has not, in the opinion of the Minister, been substantially altered, and the expired Passenger Boat Licence and all subsequent Passenger Boat Licences are renewed within 4 years of the expiry date,

or

a new vessel for which an application and fee was received on or after 1 January 2002 and before 1 January 2003 and for which a Passenger Boat Licence is issued prior to 31 December 2003 and all subsequent Passenger Boat Licences are renewed within 4 years of the expiry date;”,

(c) in Regulation 3 by substituting for the paragraph commencing with the words “Class P2” the following paragraph;

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

(d) in Regulation 4 by inserting the following after paragraph (8);

“(9)    Distress flares, if required, shall be stored in a waterproof container.”,

(e) in Regulation 6 by substituting the following for subparagraph (d) of paragraph (1);

“(d) in the case of open cockpit vessels, be fitted with side benches which form watertight or buoyant compartments secured in place to provide a safety standard for the vessel to remain afloat to the satisfaction of the Minister and in the case of an open passenger boat, have sufficient built in buoyancy to provide a safety standard for the vessel to remain afloat to the satisfaction of the Minister;”,

(f) in Regulation 6 (1)(p) by substituting “waterproof torch;” for “waterproof torch.”,

(g) by inserting the following after Regulation 6(1)(p);

“(q)    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, which bulwarks or guardrails may be fitted with opening sections, doors or gates to facilitate safe embarkation or disembarkation of passengers and crew.”,

(h) by inserting the following after Regulation 6(6);

“(7) EXISTING BOATS

Every existing passenger boat in smooth waters or partially smooth waters in the course of which the passengers are engaged in activities other than those specified in Class P4 in Regulation 3 shall:

(a) in the case of fully decked and well decked vessels, be subdivided into at least two watertight compartments to the satisfaction of the Minister.

(b) in the case of vessels other than open passenger boats, be subjected to a test carried out in still water conditions whereby the boat shall 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 practicable, however the crew of the vessel may be regarded as being located at the helm or otherwise along the longitudinal centreline of the vessel, and in carrying out such test 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 and a vessel shall be regarded as having sufficient stability if the vessel does not heel more than 7 degrees and in the case of a fully decked or well decked vessel, the deck level does not take up a position whereby the waterline is above the deck level.

(c) for vessels other than open passenger boats, have at least two bilge pumps to enable the clearance of water from any weathertight compartment situated within the main hull and associated piping shall be so arranged to prevent the occurrence of any back flooding.

(d) for vessels, of 12 metres in length or more, other than open passenger boats, have a total pumping capacity of not less than 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 and where two power pumps are provided each shall be independently driven.

(e) for vessels of less than 12 metres in length, other than open passenger boats, have a total pumping capacity of not less than 90 litres per minute,

(f) vessels over 9 metres in length and mainly or wholly constructed of wood or glass reinforced plastic and decked in way of the machinery compartment, shall be provided with a water spray system in the machinery space, supplied from a hand pump having a permanent sea connection located outside the space and other types of fixed fire extinguishing systems may be used subject to the approval of the Minister,

(g) in the case of open boats have an efficient hand operated bilge pump,

(h) be fitted with oil fuel tanks and oil fuel supply pipes constructed of steel or other suitable material, but short flexible sections may be used where movement may be experienced provided however that any fuel lines shall be fitted with a shut off valve fitted directly onto the fuel tank and which shall be capable of being closed from a readily accessible position outside the space in which it is situated,

(i) have securely installed accumulator batteries in a suitable location adequately protected from mechanical damage and shorting of the terminals,

and

(j) have all electrical installation properly fitted with charging and supply circuits protected by appropriate fuses and suitable arrangements shall be made for ventilating the electrical batteries.”,

(i) by inserting after Regulation 7(4) the following;

“(5)      if under sail, comply with the stability criteria outlined in a Marine Notice.

 (6)      Every existing passenger boat operating in smooth waters, 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 shall:

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

(b) in the case of fully decked and well decked vessels, be subdivided into at least two watertight compartments by the fitting of a transverse bulkhead to the satisfaction of the Minister,

(c) in the case of an open cockpit passenger boat, be fitted with side benches which form watertight or buoyant compartments secured in place to provide a safety standard for the vessel to remain afloat to the satisfaction of the Minister,

(d) in the case of an open vessel, have sufficient built in buoyancy to provide a safety standard for the vessel to remain afloat,

(e) be provided with guardrails or bulwarks at the sides and ends of the weather deck and these rails or bulwarks shall extend to a height of at least 1 metre above the top of the deck or sole and be provided with intermediate rails and in the case of a well decked passenger boat or an open cockpit passenger boat the top of the bulwarks shall at least extend to a height of 915mm above deck or sole of the cockpit,

(f) be subjected to a test which shall be carried out in still water conditions whereby the boat shall 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 practicable and the crew of the vessel may be regarded as being located at the helm or otherwise along the longitudinal centreline of the vessel and in carrying out such test 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 and a vessel shall be regarded as having sufficient stability if the vessel does not heel more than 7 degrees and, in the case of a fully decked or well decked vessel, the deck level does not take up a position whereby the waterline is above the deck level,

(g) be fitted with an efficient means of starting the propelling machinery and if the propelling machinery cannot be started by hand then other means shall be provided for at least 6 starts without course to replenishment or re-charging,

(h) be fitted with oil fuel tanks and oil fuel supply pipes constructed of steel or other suitable material but short flexible sections may be used where movement may be experienced and any fuel lines shall be fitted with a shut off valve fitted directly onto the fuel tank, which shall be capable of being closed from a readily accessible position outside the space in which it is situated,

(i) have securely installed accumulator batteries in a suitable location and adequately protected from mechanical damage and shorting of the terminals,

(j) have all electrical installation properly fitted with charging and supply circuits protected by appropriate fuses and suitable arrangements shall be made for ventilating the electrical batteries,

(k) for vessels other than open passenger boats, have at least two bilge pumps to enable the clearance of water from any weathertight compartment situated within the main hull and associated piping to be arranged so as to prevent the occurrence of any back flooding,

(l) for vessels of 12 metres or more in length, other than open passenger boats, have a total pumping capacity of not less than 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 and where two power pumps are provided each shall be independently driven,

(m) for vessels of less than 12 metres in length, other than open passenger boats, have a total pumping capacity of not less than 90 litres per minute,

(n) in the case of open boats, have an efficient hand operated bilge pump,

(o) be provided with a radio broadcast receiver capable of receiving local weather forecasts,

(p) be provided with a VHF transmitter and receiver capable of being used on channel 16,

(q) if over 9 metres in length and mainly or wholly constructed of wood or glass reinforced plastic and decked in way of the machinery compartment, be provided with a water spray system in the machinery space, supplied from a hand pump having a permanent sea connection located outside the space and this pump may be the pump referred to in Regulation 7(4) (f) (ii) but other types of fixed fire extinguishing systems may be used subject to the approval of the Minister.”,

(j) in Regulation 9 (3)(d) by substituting “an approved light;” for “an approved light.”,

(k) by inserting the following after Regulation 9(3)(d);

“(e) comply with the IMO Code on Intact Stability (Resolution A.749(18)) in addition to Regulation 7(5) of these Regulations.”,

and

(l) in Regulation 10(5)(c) by substituting “approved personal flotation device” for “approved buoyancy aid”.

EXPLANATORY NOTE

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

These Regulations amend the Merchant Shipping (Passenger Boat) Regulations 2002 and the Merchant Shipping (Passenger Boat)(Amendment) Regulations 2002 in relation to the definition of an “existing passenger boat” and clarify the requirements applicable to existing passenger boats.

PUBLISHEDBY THE STATIONERY OFFICE DUBLIN