S.I. No. 369/1984 - Merchant Shipping (Tonnage) Regulations, 1984.

1. Tonnage in relation to any pleasure yacht to which Part IV of this schedule applies shall be measured in terms of cubic capacity.

2. (1) The tonnage of the yacht shall be the sum of

(

a

) the product of multiplying together its overall length, breadth and depth, and multiplying the resultant figure by 0.0045; and

(

b

) the tonnage of any break or breaks defined in paragraph 3 and calculated in accordance with the provisions of that paragraph.

(2) The breadth of a yacht for this purpose shall be its extreme breadth over the outside plating, planking or hull, no account being taken of rubbers or fenders even if they are moulded so as to be integral with the hull.

(3) (

a

) The depth of a yacht for this purpose shall be measured vertically midway between the foremost and aftermost points of measurement of its length.

(

b

) The upper terminal point depth shall be—

(i) in the case of a decked yacht, the underside of deck on the middle line or, if there is no deck at the middle line at the point of measurement, the underside of the deck at side of the yacht plus the full deck camber;

(ii) in the case of an open yacht, the top of the upper strake or gunwhale.

(

c

) The lower terminal point for depth shall be

(i) in the case of a wooden yacht, the upper side of planking at side of keel or hog;

(ii) in the case of a metal yacht, the top of plating at side of keel;

(iii) in the case of glass reinforced plastic yacht, the inside of hull.

Where no keel member is fitted and the keel is of open trough construction, the lower terminal point for depth shall be the top of the keel filling, if fitted, or the level at which the inside breadth of the trough is 4 inches, whichever gives the lesser depth.

(

d

) Where a break exists in way of the point of measurement for depth, the height of the break shall not be included in the measurement of depth.

3. A break for the purpose of paragraph 2(1)(

b

) shall be a side break existing in the line of the deck, and its tonnage shall be the figure obtained by multiplying together the mean length, mean breadth and mean height of the break and dividing the product by 100.

4. In the case of a catamaran or trimaran the tonnage of each hull shall be measured separately, using the breadth of each hull for the purposes of its measurement, and the sum of such tonnages shall be the tonnage of the yacht.

5. All measurements shall be taken and expressed in feet and decimals of 1 foot to the nearest one-tenth of 1 foot.

6. Tonnage shall be expressed to two decimal places, the second decimal place being increased by 1 if the third decimal place is 5 or more.

GIVEN under my Official Seal this 31st day of December, 1984.

JAMES MITCHELL

Minister for Communications.

EXPLANATORY NOTE.

These Regulations revoke the Merchant Shipping (Tonnage) Regulations, 1967 (SI.I No. 213 of 1967) and re-enact those provisions in the Fourth Schedule and Appendices 1 to 5 thereto.

The Regulations give effect to the International Convention on Tonnage Measurement of Ships, 1969. Part II applies to new Irish registered ships and certain existing ships of 24 metres in length and over from 18th July, 1982 (other than fishing boats registered only under Part IV of the

Merchant Shipping Act, 1894

). Such existing ships are those which have undergone alterations or modifications which result in a substantial variation in their existing gross tonnage or they are existing ships which the owner requests should be measured in accordance with Part II requirements (Regulation 3).

Provision is made for net and gross tonnages to be measured in accordance with the Regulations (Regulations 4 to 7) and for the Minister or an authorised certifying authority to issue or cancel tonnage certificates (Regulations 9 and 10).

Where segregated ballast tanks complying with the International Convention for the Prevention of Pollution from Ships 1973 are provided in oil tankers, including combination carriers, an entry may be made on the International Tonnage Certificate (1969) in accordance with the International Maritime Organisation Resolution A388(X) indicating the total tonnage of those tanks (Regulation 8(1)).

Existing ships and new ships of less than 24 metres in length including pleasure yachts registered under the

Mercantile Marine Act, 1955

and fishing boats registered under the

Mercantile Marine Act, 1955

and Part IV of the Merchant Shipping Act, 1984, will continue to have their tonnages ascertained in accordance with the provisions of the Regulations as set out in the Fourth Schedule and Appendices 1-5 thereto (Regulation 12). Existing ships of 24 metres in length and over, as specified, will continue to have their tonnages ascertained in accordance with the Regulations as set out in the Fourth Schedule and Appendices thereto.

The treatment of foreign ships whilst within the State or the territorial waters thereof, is dealt with in Part V of the Regulations and provides for the inspection of their tonnage certificate. (Regulation 14).

The Regulations also implement the Interim Scheme for the Tonnage Measurement for Certain Ships, adopted by the International Maritime Organisation in Resolution A.494 (XII). This Scheme permits the use of gross tonnage ascertained in accordance with the provisions of the Regulations as set out in the Fourth Schedule and Appendices thereto to be used for the application of the provisions of regulations made under the International Convention for the Safety of Life at Sea, 1974 and the Protocol of 1978 thereto. (Regulation 16).

7. The tonnage of shaft bossings and other appendages referred to in paragraph 5(

b

) of the Fourth Schedule shall be ascertained by measuring the internal cubic capacity of the space as accurately as practicable and dividing the result by 100.

RULE 2

MEASUREMENT OF TONNAGE BELOW THE UPPER DECK WHERE MEASUREMENT IN ACCORDANCE WITH RULE I IS IMPRACTICABLE

8. Subject to the provisions of Part III of this Schedule, the register tonnage of a ship shall be the tonnage obtained by deducting from its gross tonnage:—

(

a

) the tonnage of spaces specified in paragraph 9, and

(

b

) the tonnage allowance for propelling machinery space described in paragraph 10

Provided that:—

(i) the deduction shall in each case be subject to any condition, limit or restriction expressed to be applicable in that case; and

(ii) no deduction shall be made of or in respect of the tonnage of any space which has not first been included in the ship's gross tonnage.

Space to be deducted.

9. The spaces referred to in paragraph 8(

a

) are:—

(

a

) space appropriated for the accommodation of the master;

(

b

) crew accommodation, except space appropriated for the storage of fresh water and space appropriated for the storage of provisions (other than fresh water) being in the latter case space in excess of 15 per cent of the aggregate of:—

(i) space appropriated for the accommodation of the master; and

(ii) crew accommodation other than space appropriated for the storage of provisions and fresh water;

(

c

) the wheelhouse and chartroom, and space fitted with and appropriated for the use of radio and navigational aids;

(

d

) chain lockers and space appropriated for, or for the working of, the steering gear, anchor gear and capstan;

(

e

) space appropriated for the storage of safety equipment or batteries;

(

f

) workshops and storerooms appropriated for the use of pumpmen, electricians, carpenters and boatswains, and the lamp-room;

(

g

) space occupied by the donkey engine and boiler if they are outside the propelling machinery space and connected to the main pumps of the ship;

(

h

) space occupied by the main pumps of the ship if they are outside the propelling machinery space;

(

i

) in the case of ships wholly propelled by sails, space appropriated for the storage of sails, so, however, that the total tonnage of such space does not exceed 2½ per cent of the ship's gross tonnage; and

(

j

) water ballast tanks not appropriated for use for any other purpose, so, however, that the total tonnage so to be deducted, when added to the tonnage of spaces appropriated for water ballast not included in the gross tonnage of the ship consisting of double bottom space, space below bottom floor level or space above the upper deck, does not exceed 19 per cent of the ship's gross tonnage

Provided that no deductions shall be made—

(i) in respect of any spaces specified in subparagraph (

b

) unless it is certified by a Department of Communications surveyor as complying with all applicable provisions as to crew accommodation contained in the Merchant Shipping Acts, 1894 to 1983, and regulations made thereunder; and

(ii) in respect of any space specified in subparagraphs (

a

) or (

c

) to (

j

) unless it is certified by a surveyor to be reasonable in extent, and properly constructed, for its purpose and is permanently marked by a notice stating that purpose.

Allowances for propelling machinery space.

10. The tonnage allowance for propelling machinery space to be deducted pursuant to paragraph 8(

b

) shall be determined as follows:—

(

a

) in the case of ships propelled by screws—

(i) if the tonnage of the propelling machinery space is 13 per cent or over but less than 20 per cent of the gross tonnage the allowance shall be 32 per cent of the gross tonnage;

(ii) if the tonnage of the propelling machinery space is less than 13 per cent of the gross tonnage the allowance shall be that lesser percentage of the gross tonnage multiplied by 32/13;

(

b

) in the case of ships propelled by paddle wheels—

(i) if the tonnage of the propelling machinery space is 20 per cent or over but less than 30 per cent of the gross tonnage the allowance shall be 37 per cent of the gross tonnage;

(ii) if the tonnage of the propelling machinery space is less than 20 per cent of the gross tonnage the allowance shall be that lesser percentage of the gross tonnage multiplied by 37/20;

(

c

) in the case of ships to which subparagraphs (

a

) and (

b

) do not apply, the allowance shall be—

(i) in the case of ships propelled by screws 1¾ times the tonnage of the propelling machinery space;

(ii) in the case of ships propelled by paddle wheels, 1½ times the tonnage of the propelling machinery space

Provided that—

(i) in no case save that of tugs intended to be used exclusively as such shall the allowance exceed 55 per cent of that portion of the tonnage of the ship which remains after deducting from its gross tonnage the deductions authorised by paragraph 8(a); and

(ii) such deductions shall be subject to the propelling machinery space and space appropriated for its lighting and ventilation being certified as adequate by a surveyor and being permanently marked by notices stating their purpose.

PART III

MODIFIED AND ALTERNATIVE TONNAGES AND TONNAGES MARKS

Modified gross and register Tonnage of ships with certain freeboards.

11. (1) This paragraph shall apply to a ship in respect of which greater than minimum freeboards have been assigned under the Load Line Rules and the positions of the load lines:—

(

a

) are not higher than would have been the case if freeboards assigned to the ship and the position of the load lines appropriate thereto had been calculated treating the second deck as the freeboard deck; or

(

b

) are such that the uppermost load line is not higher than the position of the tonnage mark determined in accordance with Appendix 4 to this Schedule.

(2) The Certifying Authority may, on the application of the owner of a ship to which this paragraph applies, assign to the ship as its gross tonnage and register tonnage a modified gross tonnage and modified register tonnage ascertained in accordance with subparagraph (3) of this paragraph instead of the gross tonnage and register tonnage ascertained in accordance with Part II of this Schedule.

(3) The modified gross tonnage and modified register tonnage so to be assigned shall be ascertained in accordance with Part II of this Schedule subject to the following modifications:—

(

a

) for references to the upper deck in—paragraph 4(1)(

c

) and (

e

), and (3); paragraph 7; paragraph 9(

j

); the definition of "propelling machinery space" in definitions at the beginning of this Schedule and Appendix 1, paragraphs 3, 5 and 6, there shall be substituted references to the second deck; and

(

b

) paragraph 4(1)(

b

) and paragraph 2 of Rule 1 of Appendix 1 shall be omitted.

(4) Where such tonnages have been assigned to a ship there shall be placed on each side of the ship a tonnage mark in the form described in Appendix 3 to this Schedule in a position in line with the uppermost load line to which the ship may be loaded but, subject to the foregoing, in a position determined in accordance with Appendix 4.

Alternative tonnages.

12.—(1) The Certifying Authority may, on the application of the owner of a ship, assign to the ship, as an alternative to its gross tonnage and register tonnage ascertained in accordance with Part II of this Schedule, the modified gross tonnage and modified register tonnage ascertained in accordance with the provisions of subparagraph (3) of paragraph 11.

(2) Where alternative tonnages have been assigned to a ship there shall be placed on each side of that ship a tonnage mark in the form described in Appendix 3 to this Schedule in a position determined in accordance with the provisions of Appendix 4.

(3) The gross tonnage and register tonnage of the ship shall be taken to be respectively the modified gross tonnage and modified register tonnage when the ship is so loaded that the tonnage mark is not submerged. At all other times the gross and register tonnages of the ship shall be those ascertained in accordance with Part II of this Schedule.

PART IV

PLEASURE YACHTS UNDER 45 FEET IN LENGTH

13.—(1) This part of this Schedule applies only in relation to pleasure yachts under 45 feet (13.7 metres) in overall length which either:—

(

a

) are to be registered in the State under the

Mercantile Marine Act, 1955

on or after the 31st day of March, 1985; or

(

b

) being so registered before that date fall to be re-measured thereafter pursuant to the provisions of section 18 of the said Act.

(2) Parts I to III of this Schedule shall not apply in relation to pleasure yachts to which this part of this Schedule applies.

12. Application of Part III.

PART IV

APPLICATION, ASCERTAINMENT OF TONNAGE AND CERTIFICATION FOR EXISTING SHIPS OF 24 METRES IN LENGTH AND OVER.

13. Application of Part IV.

PART V

FOREIGN SHIPS WHILST WITHIN THE STATE OR THE TERRITORIAL WATERS THEREOF.

14. The tonnage of a pleasure yacht to which this Part of this Schedule applies shall be ascertained in accordance with paragraph 15 and the tonnage so ascertianed shall be taken to be its gross and register tonnage.

15.—(1) The owner of such a pleasure yacht to be measured shall make it available for measurement by a surveyor appointed by the Certifying Authority and shall afford all necessary facilities for its inspection and measurement and shall produce for the surveyor's or measurer's use and retention if required such plans, drawings, specifications and other documents relating to the pleasure yacht as he may require.

(2) The tonnage of a pleasure yacht to which this Part of this Schedule applies shall be measured in the manner specified in Appendix 5 to this Schedule—

PART V

SPACE FOR THE PURPOSES OF

SECTION 93

of THE

MERCANTILE MARINE ACT, 1955

16.—(1) Space to be taken into account for the purposes of

section 93

of the

mercantile Marine Act, 1955

(payment of dues where goods carried in spaces not forming part of registered tonnage) shall, subject to subparagraph (2) of this paragraph, be ascertained in accordance with the provisions of paragraph 5 of Rule 1 of Appendix 1 to this Schedule.

(2) Where—

(

a

) a ship has been assigned alternative tonnages in pursuance of paragraph 12, and

(

b

) the tonnages applicable to the ship are modified tonnages ascertained in accordance with paragraph 11 (3),

no account shall be taken for the purpose of the said section 93 of any space, which is included in the register tonnage ascertained in accordance with Part II of this Schedule but which is not included in the modified register tonnage, to the extent that the tonnage of such space exceeds the difference between those register tonnages.

(3) Goods or stores shall not be carried in any permanently closed-in space on board the ship which has not been included in the registered tonnage of the ship other than

(

a

) dry cargo spaces;

(

b

) workshops or storerooms appropriated for the use of pump men, engineers, electricians, carpenters and boatswains;

(

c

) the lamp room; or

(

d

) double bottom tanks.

APPENDIX 1 TO FOURTH SCHEDULE

MEASUREMENT OF TONNAGE

RULE 1

Paragraph 2 of

Fourth Schedule

Underdeck tonnage.

15. Ascertainment of tonnage and certification.

PART VI

INTERIM SCHEME FOR TONNAGE MEASUREMENT FOR CERTAIN SHIPS.

16. Application of Part VI.

FIRST SCHEDULE

Excluded spaces as defined in Regulation 2.

SECOND SCHEDULE

Coefficients K

1

and K

2

referred to in Regulations 6, 7 and 8.

THIRD SCHEDULE

Form of International Tonnage Certificate (1969).

FOURTH SCHEDULE

Tonnage Regulations applicable to ships referred to in Parts III, IV, V and VI.

Definitions.

PART I

Para 1 Ascertainment of tonnage.

Para 2 Method of measurement.

Para 3 Certificates of Irish tonnage.

PART II

A. GROSS TONNAGE

Para 4 Components of gross tonnage.

Para 5 Underdeck tonnage.

Para 6 Tonnage of hatchways.

Para 7 Closed in spaces on or above the upper deck not to be included in gross tonnage.

B. REGISTER TONNAGE.

Para 8 Ascertainment of register tonnage.

Para 9 Space to be deducted.

Para 10 Allowance for propelling machinery space.

PART III

MODIFIED AND ALTERNATIVE TONNAGES AND TONNAGE MARKS

Para 11 Modified gross and register tonnage of ships with certain freeboards.

Para 12 Alternative tonnages.

PART IV

Paras. 13-15—Pleasure yachts under 45 feet in length.

PART V

Para 16—Space for the purposes of section 93 of the Principal Act.

APPENDIX 1 TO THE FOURTH SCHEDULE

RULE I MEASUREMENT OF TONNAGE.

RULE II MEASUREMENT OF TONNAGE BELOW THE UPPER DECK WHERE MEASUREMENT IN ACCORDANCE WITH RULE I IS IMPRACTICAL.

APPENDIX 2 TO THE FOURTH SCHEDULE

Limitation of height of open floors and double bottoms, and of depths of frames and side brackets, for purposes of measurement of underdeck tonnage.

APPENDIX 3 TO THE FOURTH SCHEDULE

Tonnage mark.

APPENDIX 4 TO THE FOURTH SCHEDULE

Position of tonnage marks.

APPENDIX 5 TO THE FOURTH SCHEDULE

Pleasure yachts under 45 feet in length — ascertainment of tonnage.

S.I. No. 369 of 1984.

MERCHANT SHIPPING (TONNAGE) REGULATIONS, 1984.

I, JAMES MITCHELL, Minister for Communications, in exercise of the powers conferred on me by

section 91

of the

Mercantile Marine Act, 1955

(No. 29 of 1955), and the

Ministers and Secretaries (Amendment) Act, 1983

(No. 40 of 1983), hereby make the following Regulations:—

PART I GENERAL

1 ..

1.

(1) These Regulations may be cited as the Merchant Shipping (Tonnage) Regulations, 1984 and shall come into operation on 31st day of March, 1985.

(2) The Merchant Shipping (Tonnage) Regulations, 1967 (

S.I. No. 213 of 1967

), are hereby revoked.

2 ..

2.

In these Regulations, unless the context otherwise requires

"Administration" means the Government of the State whose flag the ship is flying;

"amidships" means the mid point of the length;

"breadth" means the maximum breadth of the ship, measured amidships to the moulded line of the frame in a ship with a metal shell and to the outer surface of the hull in a ship with a shell of any other material;

"cargo spaces" means enclosed spaces which are included in the computation of gross tonnage and are appropriated for the transport of cargo to be discharged from the ship and which are permanently marked with the letters "CC" (cargo compartment), such letters being not less than 100 millimeters in height and so positioned as to be readily visible;

"Certifying Authority" means the Minister or any person authorised by the Minister for the purpose of these Regulations;

"Contracting Government" means the Government of a country which has accepted the International Convention on Tonnage Measurement of Ships, 1969;

"Convention" means the International Convention on Tonnage Measurement of Ships, 1969;

"enclosed spaces" means all those spaces, other than excluded spaces, which are bounded by the ship's hull, by fixed or portable partitions or bulkheads, or by decks or coverings other than permanent or moveable awnings. No break in a deck, nor any opening in the ship's hull, in a deck or in a covering of a space, or in the partitions or bulkheads of a space, nor the absence of a partition or bulkhead, shall preclude a space from being included in the enclosed spaces; and for the purposes of this definition "excluded spaces" means any of the following spaces

(

a

) that part of an enclosed space within an erection opposite an end opening and extending from the opening to an athwartship line at a fore and aft distance from the opening equal to half the breadth of the deck at the line of the opening. Such end opening shall have a breadth equal to or greater than 90 per cent of the breadth of the deck at the line of the opening and shall extend from deck to deck or to a curtain plate of a depth not exceeding by more than 25 millimetres the depth of the adjacent deck beams, as specified in figure 1 of the First Schedule hereto;

provided that

(i) where at any point the width of the enclosed space, because of any arrangement except convergence of the outside plating, as specified in figure 3 of the First Schedule hereto, becomes less than 90 per cent of the breadth of the deck at the line of the opening, the excluded space shall extend only to an athwartship line intersecting that point, as specified in figures 2 and 4 of the First schedule hereto;

(ii) where the opposite ends of two enclosed spaces are separated by a gap, which is completely open except for bulwarks or open rails and of fore and aft length less than half the least breadth of the deck at the gap, then no part of the enclosed spaces shall be excluded, as specified in figures 5 and 6 of the First Schedule hereto;

(

b

) a space under an overhead deck covering open to the sea and weather, having no other connection on the exposed sides with the body of the ship than the stanchions necessary for its support. In such a space, open rails or a bulwark and curtain plate may be fitted or stanchions fitted at the ship's side, provided that the distance between the top of the rails or the bulwark and the curtain plate is not less than 0.75 metres or one-third of the height of the space, whichever is the greater, as specified in figure 7 of the First Schedule hereto;

(

c

) a space in a side-to-side erection between opposite side openings not less in height than 0.75 metres or one-third of the height of the erection, whichever is the greater. If the opening in such an erection is provided on one side only, the space to be excluded from the volume of enclosed spaces shall be limited inboard from the opening to a maximum of one half of the breadth of the deck in way of the opening, as specified in figure 8 of the First Schedule hereto;

(

d

) a space in an erection immediately below an uncovered opening in the deck overhead, provided that such an opening is exposed to the weather and the space excluded from enclosed spaces is limited to the area of the opening, as specified in figure 9 of the First Schedule hereto;

(

e

) a recess in the boundary bulkhead of an erection which is exposed to the weather and the opening of which extends from deck to deck without means of closing, provided that the interior width is not greater than the width at the entrance and its extension into the erection is not greater than twice the width of its entrance as specified in figure 10 of the First Schedule hereto;

(

f

) notwithstanding the provisions of subparagraphs (

a

) to (

e

) inclusive, any space listed in those subparagraphs which fulfills at least one of the following conditions shall be treated as an enclosed space:—

(i) the space is fitted with shelves or other means for securing cargo or stores;

(ii) the openings are fitted with any means of closure;

(iii) the construction provides any possibility of such openings being closed;

"existing ship" means a ship which is not a new ship;

"length" means the greater of the following distances

(

a

) the distance between the fore side of the stem and the axes of the rudder stock; or

(

b

) a distance measured from the fore side of the stem, being 96 per cent of the distance between that point and the aft side of the stern,

the said points and measurements being taken respectively at and along a waterline at 85 per cent of the least moulded depth of the ship. In the clase of a ship having a rake of keel the waterline shall be parallel to the designed waterline;

"Load Line Rules" means the Merchant Shipping (Load Line) Rules 1968 (

S.I. No. 205 of 1968

), as amended by the Merchant Shipping (Load Line) (Amendment) Rules, 1971 (

S.I. No. 71 of 1971

) and includes in relation to any ship not registered in the State any corresponding rules of the country in which the ship is registered;

"the Minister" means the Minister for Communications;

"moulded depth" means;

(

a

) the vertical distance measured from the top of the keel to the underside of the upper deck at side. In wood and composite ships the distance is to be measured from the lower edge of the keel rabbet. Where the form at the lower part of the midship section is of a hollow character or where thick garboards are fitted, the distance is to be measured from the point where the line of the flat of the bottom continued inwards cuts the side of the keel;

(

b

) in ships having rounded gunwales, the moulded depth shall be measured to the point of intersection of the moulded lines of the deck and side shell plating, the lines extending as though the gunwales were of angular design;

(

c

) where the upper deck is stepped and the raised part of the deck extends over the point at which the moulded depth is to be determined, the moulded depth shall be measured to a line of reference extending from the lower part of the deck along a line parallel with the raised part; for the purposes of this definition: (i) "upper deck" means the uppermost complete deck exposed to weather and sea, which has permanent means of weathertight closing of all openings in the weather part thereof, and below which all openings in the sides of the ship are fitted with permanent means of watertight closing. In a ship having a stepped upper deck, the lowest line of the exposed deck and the continuation of that line parallel to the upper part of the deck is taken as the upper deck; and (ii) "weathertight" means that in any sea conditions water will not penetrate into the ship;

"moulded draught" means

(

a

) for ships assigned load lines in accordance with the Load Line Rules, the draught corresponding to the Summer Load Line (other than timber load lines);

(

b

) for passenger ship, the draught corresponding to the deepest subdivision load line assigned in accordance with the Merchant Shipping (Passenger Ship Construction) Rules, 1983 (

S.I. No. 300 of 1983

);

(

c

) for ships to which no load line has been assigned but the draught of which is restricted by the Minister, the maximum permitted draught;

(

d

) for other ships, 75 per cent of the moulded depth amidships;

"new ship" means a ship the keel of which was laid, or which was at a similar stage of construction, on or after 18th July, 1982; and for the purpose of this definition "a similar stage of construction" means the stage at which

(

a

) construction identifiable with a specific ship begins and

(

b

) assembly of that ship has commenced comprising at least 50 tonnes or one per cent of the estimated mass of all structural material whichever is the less;

"passenger" means any person carried in a ship except

(

a

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

(

b

) a person on board the ship either in pursuance of the obligation laid upon the master to carry shipwrecked, distressed or other persons, or by reason of any circumstances that neither the master nor the owner nor the charterer (if any) could have prevented; and

(

c

) a child under one year of age;

"oil tanker" means a ship constructed or adapted to carry oil in bulk in its cargo spaces and includes combination carriers; for the purposes of this definition "combination carrier" means a ship designed to carry either oil or solid cargoes in bulk;

"pleasure yacht" means a vessel primarily used for sport or recreation;

"the Principal Act" means the

Merchant Shipping Act, 1894

;

"surveyor" means a surveyor appointed by a Certifying Authority.

PART II APPLICATION, ASCERTAINMENT OF TONNAGE AND CERTIFICATION FOR NEW SHIPS AND CERTAIN EXISTING SHIPS OF 24 METRES IN LENGTH AND OVER

3 Application of Part II.

3.

(1) This Part and the First, Second and Third Schedules hereto shall apply to the following ships registered or to be registered in the State under the

Mercantile Marine Act, 1955

(No. 29 of 1955), or, in the case of Irish fishing boats, under the

Mercantile Marine Act, 1955

and Part IV of the Principal Act, being ships of 24 metres in length or over

(

a

) new ships;

(

b

) existing ships to which Regulation 13 (1) of these Regulations would otherwise apply but which undergo alterations or modifications which result in a substantial variation in their existing gross tonnage;

(

c

) existing ships, if the owner so requests;

(

d

) all ships with effect from the 18th day of July, 1994;

(2) Existing ships the tonnage of which has once been determined under this Part pursuant to a request of the owner under paragraph (1) (

c

) above shall not subsequently have their tonnages determined in accordance with Part IV of these Regulations.

Ascertainment of Tonnage

4 Method of Measurement.

4.

(1) The owner and the master of a ship to be measured shall make it available for measurement by a surveyor and afford all necessary facilities for its survey and measurement and shall produce such plans, drawings, specifications and other documents relating to the ship that the surveyor may require for his use or retention.

((2) The gross and net tonnages shall be determined in accordance with Regulations 6 and 7 of these Regulations provided that in the case of novel types of craft with constructional features which render the application of the provisions of these Regulations unreasonable or impracticable, the gross and net tonnages shall be determined as required by the Minister.

(3) All measurements used in the calculations of volumes shall be taken and expressed in metres to the nearest centimetre.

(4) Gross and net tonnages shall be expressed as whole numbers, decimals being rounded off downwards.

5 Calculation of Volumes.

5.

(1) All volumes included in the calculation of gross and net tonnages shall be measured, irrespective of the fitting of insulation or the like, to the inner side of the shell or structural boundary plating in ships constructed of metal, and to the outer surface of the shell or to the inner side of the structural boundary surfaces in ships constructed of any other material.

(2) Volumes of appendages shall be included in the total volume.

(3) Volumes of spaces open to the sea shall be excluded from the total volume.

(4) The method and accuracy of the calculations shall be to the satisfaction of the Minister and shall be sufficiently detailed to facilitate checking.

6 Gross Tonnages.

6.

The gross tonnage (GT) of a ship shall be determined by the following formula: GT=K

1

V

where: V = total volume of all enclosed spaces of the ship in cubic metres,

K

1

= 0.2+0.02 log

10

V or as specified in the Second Schedule.

7 Nett Tonnages.

7.

The net tonnage (NT) of a ship shall be determined by the following formula

where

V

c

= total volume of cargo spaces in cubic metres

K

2

= 0.2+0.02 log

10

Vc or as specified in the Second Schedule

where

GT = gross tonnage calculated in accordance with Regulation 6

D = moulded depth amidship in metres

d = moulded draught amidships in metres

N

1

= number of passengers in cabins with not more than 8 berths

N

2

= number of other passengers

N

1

+N

2

= Total number of passengers the ship is permitted to carry as indicated in the ship's passenger certificate.

Provided that

(

a

) the factor

shall not be taken as greater than unity;

(

b

) the term

shall not be taken as less than 0.25 GT;

(

c

) N

1

and N

2

shall be taken as zero when N

1

+N

2

is less than 13;

(

d

) NT shall not be taken as less than 0.30 GT.

8 Miscellaneous Tonnages.

8.

(1) Segregated ballast oil tanks

Where segregated ballast tanks complying with Regulation 13 of Annex 1 of the International Convention for the Prevention of Pollution from Ships, 1973, as modified by the Protocol of 1978 relating to that Convention are provided in oil tankers, an entry may be made on the International Tonnage Certificate (1969) indicating the total tonnage of these tanks. The tonnage of such segregated ballast tanks shall be calculated according to the following formula

K

1

x V

b

where: K

1

= 0.2+0.02 log

10

V or as specified in the Second Schedule.

V = the total volume of all enclosed spaces of the ship in cubic metres.

V

b

= the total volume of segregated ballast tanks in cubic metres measured in accordance with Regulation 5.

Deck Cargoes

(2) Where cargo is carried in any uncovered space on deck the tonnage of the space so occupied to be taken into account for the purpose of

section 93

of the

Mercantile Marine Act, 1955

, (payment of dues where goods are carried in spaces not forming part of the gross or net tonnages) shall be determined by the formula

Deck Cargo Tonnage = 0.353 (Mean length x mean breadth x mean height).

CERTIFICATION

9 Issue of Certificates.

9.

The Certifying Authority shall, upon receipt of the appropriate fee, issue to the owner of every ship registered in the State, the tonnages of which have been ascertained in accordance with Regulations 6 and 7 of these Regulations, an International Tonnage Certificate (1969) in the form set out in the Third Schedule to these Regulations, certifying the tonnages of the ship and containing the following particulars

(

a

) the name, port of registry and official number of the ship;

(

b

) its length, breadth and moulded depth;

(

c

) its gross and net tonnages;

(

d

) the date on which the keel was laid or the ship was at a similar stage of construction or date on which the ship underwent alterations or modifications of a major character.

10 Cancellation of Certificates.

10.

(1) Where alterations are made in the arrangement, construction, capacity, use of spaces, total number of passengers the ship is permitted to carry under the terms of the ship's passenger certificate, assigned loadline, or permitted draught of the ship such as would cause an increase in the gross or net tonnage, the existing International Tonnage Certificate (1969) shall cease to be valid and shall be delivered up to and cancelled by the Certifying Authority.

(2) When a ship is transferred from the Irish Register the International Tonnage Certificate (1969) shall cease to be valid except when the transfer is to the Administration of a state which is a Contracting Government in which case the certificate may remain in force for a period not exceeding 3 months or until the new Administration issues another International Tonnage Certificate (1969) whichever is the earlier. The Certifying Authority shall transmit to the Administration of that Government as soon as possible after the transfer has taken place a copy of the certificate carried by the ship at the time of transfer and a copy of the relevant tonnage calculations.

11 Tonnage of nett tonnage necessitating issue of certificate.

11.

(1)When alterations in the values of V, V

c

, d, N

1

or N

2

as defined in Regulations 6 and 7 result in an increase in the net tonnage a new International Tonnage Certificate (1969) incorporating the increased net tonnage shall be issued.

(2) In the case of a passenger ship assigned subdivision load lines in accordance with the Merchant Shipping (Passenger Ship Construction) Rules, 1983 (

S.I. No. 300 of 1983

), and load lines in accordance with the Merchant Shipping (Load Line) Rules, 1968 (

S.I. No. 205 of 1968

), only one net tonnage shall be applied. Where the draught corresponding to the Summer load line differs from that corresponding to the deepest subdivision load line the net tonnage shall be the greater of the two values determined in accordance with Regulation 7 by applying the differing draughts.

(3) (

a

) Subject to subparagraph (

b

) below, where alterations in the values of V, V

c

, d, N

1

or N2 as defined in Regulations 6 and 7 or changes in the position of the load lines result in a decrease in the net tonnage, a new International Tonnage Certificate (1969) incorporating the decreased net tonnage shall not be issued until 12 months have elapsed from the date on which the current certificate was issued.

(

b

) A new International Tonnage Certificate (1969) may be issued when

(i) a ship which was registered outside the State is re-registered in the State;

(ii) a ship undergoes alterations or modifications of a major character, such as the removal of a superstructure, which requires an alteration of the assigned load line, or

(iii) the ship is a passenger ship employed in special trades for the carriage of large numbers of special trade passengers, such as the pilgrim trade.

PART III APPLICATION, ASCERTAINMENT OF TONNAGE AND CERTIFICATION FOR ALL SHIPS, INCLUDING PLEASURE YACHTS, OF LESS THAN 24 METRES IN LENGTH

12 Application of Part III.

12.

(1) This Part shall apply to all ships of less than 24 metres in length, including pleasure yachts to be registered under the

Mercantile Marine Act, 1955

, and fishing boats to be registered under the

Mercantile Marine Act, 1955

, and Part IV of the Principal Act.

(2) This Part shall not apply to Irish fishing boats of less than 24 metres in length registered under Part IV only of the Principal Act, the tonnages of which shall continue to be ascertained in accordance with the provisions of the Merchant Shipping (Registry, Lettering and Numbering of Fishing Boats) (Regulations) Order, 1927 (S.R. & O 80 of 1927).

(3) Ships, pleasure yachts and fishing boats to which this Part applies shall have their tonnages ascertained in accordance with the provisions of the Fourth Schedule, and Appendices 1 to 5 thereto to these Regulations.

PART IV APPLICATION, ASCERTAINMENT OF TONNAGE AND CERTIFICATION FOR EXISTING SHIPS, OF 24 METRES IN LENGTH AND OVER UNTIL 17TH JULY 1994.

13 Application of Part IV.

13.

(1) This Part shall apply to existing ships of 24 metres and over registered or to be registered in the State.

(2) This Part shall not apply to existing ships referred to in Regulation 3 (1) (

b

) and (

c

) of these Regulations.

(3) Ships to which this Part applies shall, until the 17th day of July, 1994, continue to have their tonnages ascertained in accordance with the provisions of the Regulations as set out in the Fourth Schedule and Appendices 1 to 4 thereto.

PART V FOREIGN SHIPS WHILST WITHIN THE STATE OR THE TERRITORIAL WATERS THEREOF

14 Acceptance of foreign tonnage certificates.

14.

(1) An International Tonnage Certificate (1969) issued under the authority of another Contracting Government to a foreign ship in accordance with the Convention shall be accepted and regarded for all purposes covered by the Convention as having the same validity as one issued under Part II of these Regulations. Whilst such a ship is within the State or the territorial waters thereof it may be subject to inspection by a person duly authorised by the Minister in that behalf for the purpose of verifying

(

a

) that the ship is provided with a valid International Tonnage Certificate (1969) and

(

b

) that the main characteristics of the ship correspond to the data given in the certificate.

(2) Any such inspection shall not cause any delay to the ship.

(3) If the inspection reveals that the main characteristics of the ship differ from those entered in the International Tonnage Certificate (1969) so as to lead to an increase in the gross tonnage or the net tonnage, the Administration of the State whose flag the ship is flying shall be informed without delay.

15 Ascertainment of tonnage and certification.

15.

(1) New Ships.

(

a

) The Certifying Authority may, at the request of the Administration of a Contracting Government, ascertain the gross and net tonnages of a new foreign ship in accordance with Part II of these Regulations and issue to the owner an International Tonnage Certificate (1969). In such cases the certificate shall be endorsed to the effect that it has been issued at the request of the Government of the State whose flag the ship is or will be flying, and a copy of the certificate and the calculations of the tonnages shall be transmitted to the requesting Government as soon as possible.

(

b

) The Certifying Authority may, at the request of an owner of a new foreign ship flying the flag of an Administration of a non-Contracting Government ascertain the gross and net tonnages of the ship in accordance with Part II of these Regulations and issue a Certificate of Irish Tonnage Measurement. In such cases the certificate will bear the endorsement "for use only whilst within the State or the territorial waters thereof".

(2) Existing Ships.

(

a

) The Certifying Authority may, at the request of the Administration of a Contracting Government, ascertain the gross and net tonnages of an existing foreign ship in accordance with Part II of these Regulations and issue to the owner an International Tonnage Certificate (1969). In such cases the certificate shall be endorsed to the effect that it has been issued at the request of the Government of the State whose flag the ship is or will be flying, and a copy of the certificate and the calculations of the tonnages shall be transmitted to the requesting Government as soon as possible.

(

b

) The Certifying Authority may, at the request of the owner of any existing foreign ship, ascertain the gross and net tonnages of the ship in accordance with Part IV of these Regulations until the 17th day of July, 1994. In such cases an Irish Tonnage Certificate shall be issued.

PART VI INTERIM SCHEME FOR TONNAGE MEASUREMENT FOR CERTAIN SHIPS

16 Application of Part VI.

16.

(1) The Minister may, at the written request of an owner of an Irish ship required to be measured and certified in accordance with Part II of these Regulations

(

a

) which is a ship the keel of which is laid or is at a similar stage of construction not later than the 31st day of December, 1985; or

(

b

) which is a cargo ship of less than 1600 tons gross tonnage as ascertained in accordance with Regulation 13 (3) of these Regulations, the keel of which is laid or is at a similar stage of construction before the 18th day of July, 1994 permit such a ship to have, additionally, its gross tonnage ascertained by the Certifying Authority in accordance with the provisions of the tonnage regulations as set out in the Fourth Schedule and Appendices 1 to 4 thereto, and to use this tonnage for the purpose of the application of the provisions of regulations implementing the International Convention for the Safety of Life at Sea, 1974, and the Protocol of 1978 relating to that Convention.

(2) The measurement of a ship in accordance with paragraph (1) above shall be in respect of gross tonnage only and an appropriate Irish Tonnage Certificate shall be issued and it shall be endorsed with the following endorsement

"For use only for the application of the Interim Scheme for Tonnage Measurement for Certain Ships (IMO Resolution A494 (XII) )"

(3) Where the gross tonnage is ascertained in accordance with paragraph (1) above and a Safety of Life at Sea Convention certificate is subsequently issued, then only that tonnage shall be recorded in that certificate and the certificate shall be endorsed with the following endorsement

"The above gross tonnage has been measured by the Certifying Authority of Ireland in accordance with the tonnage regulations which were in force prior to the coming into force of the International Convention on Tonnage Measurement of Ships, 1969."

FIRST SCHEDULE

EXCLUDED APACES AS DEFINED IN REGULATION 2

In the following figures

O = excluded space

C = enclosed space

I = space to be considered as an enclosed space.

Hatched in parts to be included as enclosed spaces.

B = breadth of the deck in way of the opening.

In ships with rounded gunwales the breadth is measured as indicated in Figure 11.

SECOND SCHEDULE

Coefficients K

1

and K

2

Referred to in Regulations 6, 7 and 8

V or V

c

=Volume in cubic metres

V or V

c

K

1

or K

2

V or V

c

K

1

or K

2

V or V

c

K

1

or K

2

V or V

c

K

1

or K

2

10

0.2200

45000

0.2931

330000

0.3104

670000

0.3165

20

0.2260

50000

0.2940

340000

0.3106

680000

0.3166

30

0.2295

55000

0.2948

350000

0.3109

690000

0.3168

40

0.2320

60000

0.2956

360000

0.3111

700000

0.3169

50

0.2340

65000

0.2963

370000

0.3114

710000

0.3170

60

0.2356

70000

0.2969

380000

0.3116

720000

0.3171

70

0.2369

75000

0.2975

390000

0.3118

730000

0.3173

80

0.2381

80000

0.2981

400000

0.3120

740000

0.3174

90

0.2391

85000

0.2986

410000

0.3123

750000

0.3175

100

0.2400

90000

0.2991

420000

0.3125

760000

0.3176

200

0.2460

95000

0.2996

430000

0.3127

770000

0.3177

300

0.2495

100000

0.3000

440000

0.3129

780000

0.3178

400

0.2520

110000

0.3008

450000

0.3131

790000

0.3180

500

0.2540

120000

0.3016

460000

0.3133

800000

0.3181

600

0.2556

130000

0.3023

470000

0.3134

810000

0.3182

700

0.2569

140000

0.3029

480000

0.3136

820000

0.3183

800

0.2581

150000

0.3035

490000

0.3138

830000

0.3184

900

0.2591

160000

0.3041

500000

0.3140

840000

0.3185

1000

0.2600

170000

0.3046

510000

0.3142

850000

0.3186

2000

0.2660

180000

0.3051

520000

0.3143

860000

0.3187

3000

0.2695

190000

0.3056

530000

0.3145

870000

0.3188

4000

0.2720

200000

0.3060

540000

0.3146

880000

0.3189

5000

0.2740

210000

0.3064

550000

0.3148

890000

0.3190

6000

0.2756

220000

0.3068

560000

0.3150

900000

0.3191

7000

0.2769

230000

0.3072

570000

0.3151

910000

0.3192

8000

0.2781

240000

0.3076

580000

0.3153

920000

0.3193

9000

0.2791

250000

0.3080

590000

0.3154

930000

0.3194

10000

0.2800

260000

0.3083

600000

0.3156

940000

0.3195

15000

0.2835

270000

0.3086

610000

0.3157

950000

0.3196

20000

0.2860

280000

0.3089

620000

0.3158

960000

0.3196

25000

0.2880

290000

0.3092

630000

0.3160

970000

0.3197

30000

0.2895

300000

0.3095

640000

0.3161

980000

0.3198

35000

0.2909

310000

0.3098

650000

0.3163

990000

0.3199

40000

0.2920

320000

0.3101

660000

0.3164

1000000

0.3200

Coefficients K

1

or K

2

at intermediate values of V or V

c

shall be obtained by linear interpolation.

THIRD SCHEDULE

INTERNATIONAL TONNAGE CERTIFICATE (1969)

Issued under the provisions of the

INTERNATIONAL CONVENTION ON TONNAGE MEASUREMENT OF SHIPS (1969)

under the authority of the Government of Ireland

Name of Ship

Official Number

Port of Registry

Date*

*Date on which keel was laid or the ship was at a similar stage of construction (Article 2 (6)), or date on which the ship underwent alterations or modifications of a major character, (Article 3 (2) (

b

)), as appropriate.

MAIN DIMENSIONS

Length (Article 2 (8))

Breadth (Regulation 2 (3))

Moulded Depth amidships to upper deck (Regulation 2 (2))

The tonnages of the Ship are

GROSS TONNAGE ............................................................ ............................................................ .....

NET TONNAGE ............................................................ ............................................................ ..........

THIS IS TO CERTIFY

that the tonnages of this ship have been determined in accordance with the provisions of the International Convention on the Tonnage Measurement of Ships, 1969.

Issued at ....................................................... ...................................... 19...........

(place of issue of certificate)

(date of issue)

The undersigned declares that he is duly authorised by the said Government to issue this certificate

(signed) ............................................................ .......................

(An authorised officer of the Department of Communications)

(Reverse side of Certificate)

SPACES INCLUDED IN TONNAGE

GROSS TONNAGE

NET TONNAGE

Name of Space

Location

Length

Name of Space

Location

Length

Underdeck

NUMBER OF PASSENGERS

(Regulation 4 (1))

Number of passengers in cabins with not more than 8 berths .........

Number of other passengers...............

EXCLUDED SPACES

(Regulation 2 (5))

An asterisk (*) should be added to those spaces listed above which comprise both enclosed and excluded spaces.

MOULDED DRAUGHT

(Regulation 4(2))

Date and place of original measurement ............................................................ ..........................................

Date and place of last previous re-measurement ............................................................ .............................

REMARKS

FOURTH SCHEDULE

TONNAGE REGULATIONS APPLICABLE TO SHIPS REFERRED TO IN PARTS III, IV, V AND VI.

Definitions.

In addition to the definitions prescribed in Regulation 2, in this Schedule and Appendices 1 to 5 thereto, unless the context otherwise requires:—

"the Act of 1955" means the

Mercantile Marine Act, 1955

;

"crew accommodation" has the same meaning as in the Merchant Shipping (Crew Accommodation on Board Ship) Regulations, 1951 (

S.I. No. 95 of 1951

);

"dry cargo space" means space appropriated for the carriage of cargo other than liquid or gaseous matter in bulk;

"overall length" in relation to a pleasure yacht to which Part IV of this Schedule applies means the distance between the foreside of the foremost fixed permanent structure and the aftside of the aftermost fixed permanent structure of the yacht;

"propelling machinery space" means space below the upper deck appropriated for the main or auxiliary propelling machinery of a ship, and includes:—

(

a

) ventilation, light or escape trunks serving any such space;

(

b

) space appropriated for boilers serving such machinery;

(

c

) shaft tunnels;

(

d

) engineers' storerooms and workshops not exceeding in total tonnage ¾ of 1 per cent of the gross tonnage of the ship;

(

e

) oil fuel settling tanks serving the main or auxiliary propelling machinery, having a total capacity sufficient to provide not less than 24 or more than 96 hours steaming for the ship at maximum speed;

and shall also include framed-in spaces on or above the upper deck described in paragraph 4(1) (

e

) and included in the gross tonnage of the ship in accordance with that provision;

"second deck" means the deck next below the upper deck, being a deck—

(

a

) which is fitted as an integral part of the ship's structure;

(

b

) which is continuous at least between peak bulkheads both fore and aft and transversely, and

(

c

) in which all hatchways are fitted with substantial and durable covers,

a deck being taken to be continuous for this purpose notwithstanding the presence in it of—

(i) openings serving propelling machinery space or leading to ladderways or stairways;

(ii) hatch or ventilation trunks, provided that they do not extend fore and aft from one main transverse bulkhead to another;

(iii) chain lockers or cofferdams; or

(iv) a break or breaks the aggregate height of which above the line of continuation of the deck does not exceed 4 feet;

"surveyor" (except in proviso (i) to paragraph 9 of this Schedule) means a surveyor appointed by a Certifying Authority;

"tonnage deck" means the second deck except in the case of single deck ships, in which case it means the upper deck;

"upper deck" means the uppermost complete deck exposed to sea and weather fitted as an integral part of the ship's structure, being a deck all openings in the weather portions of which are fitted with permanent means of closing and below which all openings in the sides of the ship are fitted with permanent means of watertight closing, but shall in the case of an open ship be taken to be the upper edge of the upper strake of the gunwale.

PART I

Ascertainment of tonnage.