S.I. No. 475/1998 - Merchant Shipping (Fees) Order, 1998

1. For every report required to be sent by a Receiver of Wreck to the Secretary of Lloyd's in London the fee payable shall be

£6

2. For wreck taken into custody by a Receiver of Wreck the fee payable shall be 7.5 per cent of the value of the wreck.

3. In cases in which any services are rendered by a Receiver of Wreck in respect of any ship in distress, not being a wreck, or in respect of the cargo or articles belonging to the ship,£57 for each day during which the Receiver is employed on that service.

4. In addition to the fees mentioned in the foregoing Articles of this Schedule the expenses incurred in a particular case by a Receiver of Wreck shall be payable.

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

Dr Michael Woods TD

The Minister for the Marine and Natural Resources.

The Minister for Finance hereby consents to the making of the foregoing Order.

GIVEN under the Official Seal of the Minister for Finance this 3

rd

day of December, 1998.

Mr Charles McCreevey TD

Minister for Finance

EXPLANATORY NOTE

The Order prescribes increased fees payable for various services in relation to shipping and seamen.

5. Certified copy of any declaration or document, a copy of which is made evidence by the Merchant Shipping Acts

£12

6. Any other certified extract from the register book, for each folio of 90 words or portion thereof

£12

THIRD SCHEDULE

FEES OF RECEIVERS OF WRECK

NoteFees

Fees under this Schedule must be paid to the appropriate Receiver of Wreck.

11. 4 The fees specified in this paragraph shall be payable for the engagement or discharge of seamen on board ship and the minimum fee for any visit of a Superintendent to a ship for the purpose of the engagement or discharge of such seamen shall be£46 plus

11.4.1 for each of the first 36 men engaged or discharged

£12

11.4.2 if more than 36 men but not more than 100 men are engaged or discharged

£102

11.4.3 for every 50 men or fraction of 50 in excess of 100 engaged or discharged

£29

11.4.4 for any seaman engaged on board a ship immediately after discharge on board that ship the additional fee payable by reason of such engagement on board ship shall be half that specified in this paragraph.

11.4.5 the actual travelling expenses of the Superintendent and any assistance between the Mercantile Marine Office and the ship shall be charged in addition in every case.

Other services on board ship

11.5 The fee payable for attendance of the Superintendent on board ship by request to render a service other than the engagement or discharge of seamen (e.g. to attest the insertion of a new clause in the agreement) shall be

£46

Overtime charges

11.6 The scale of fees payable for overtime shall be as follows

11.6.1 Monday to Friday between 4.30 p.m. and 9.15 a.m

£57 per hour.

11.6.2 Saturdays, Sundays and Public Holidays

£108 per hour.

Waiting time during office hours

11.7 Where the engagement or discharge of a crew takes place on board ship during office hours but does not commence at the time stated on the form of application the following fees for waiting time shall be payable

11.7.1 for the first complete half hour and every half hour or part hour thereafter

£29

11.7.2 where the waiting time extends beyond office hours a fee for that part of the waiting time which is outside office hours shall be calculated separately at the rates specified in paragraph 11.6.

Indentures of apprenticeship

11.8 For registration of indenture of apprenticeship

£12

11.8.1 For copy of apprenticeship indenture, save in cases where the indenture has been lost by shipwreck or fire at sea, when a copy will be issued free

£6

Inspection of Registers and Miscellaneous Central Register of Ships

11.9 The fees payable shall be as follows

11.9.1 for inspection of one register

£12

11.9.2 for a copy of the transcript of a ship's register, with particulars of ownership at time of first registry

£29

11.9.3 for a copy of the record of transactions subsequent to registry per folio of 90 words or portion thereof

£12

Registers and Records respecting Seamen and Passengers

11.10 The fees payable shall be as follows

11.10.1 for inspection of a ship's records, for inspection of one record

£6

11.10.2 for search in registers and records on behalf of applicants, the estimated cost of the labour shall be charged.

11.10.3 for a certificate of service

£12

11.10.4 for a certificate of deposit of any document

£6

11.10.5 for a certificate respecting birth, death or marriage — search for one year, extract

£12

11.10.6 for any other certified extract or copy of documents, for each folio log, list, etc.,per day,

£6

11.10.7 for attendance at courts of justice for the production of official logs, list, etc., per day,

£68

(1) Where an officer attends to produce documents at the hearing of two or more separate cases in the same court on the same day, only one attendance fee shall be charged if the solicitor requiring the attendance is the same in all the cases. If different solicitors are concerned the full attendance fee shall be charged for each case. In all events the fee of£12 a day for each document produced shall be charged.

11.10.8 for each document produced in proceedings in courts of justice, per day

£12

11.10.9 for a certified copy of any declaration or document, a copy of which is made evidence by the Merchant Shipping Acts, or a certified copy of or extract from a document declared by the Merchant Shipping Acts to be admissible in evidence, where

(1) the declaration or document relates to registry of a ship

£12

(2) the declaration or document relates to other matters

£6

11.10.10 for inspection of register of seamen

£6

Replacement of Certificates

11.11 The fee payable for renewal of certificates, shall, subject to sub-paragraph .4, be as follows

11.11.1 for Deck Officer and Marine Engineer Officer Certificates of Competency or Service

£23

11.11.2 for other Certificates of Competency or Qualification or Proficiency

£12

11.11.3 for a copy of Sight Test Certificate

£6

11.11.4 where any certificate mentioned in sub paragraphs .1 to .3 was lost as a result of shipwreck or fire at sea no fee shall be payable.

Discharge Book and Seaman's Identity Card

11.12 The fees payable shall, subject to paragraph .4, be as follows

11.12.1 for Seaman's Record Book and Certificates of Discharge (Dis A.),including the issue of a Seaman's Identity Card where this is applied for at the same time

£12

11.12.2 for Seaman's Identity Card where this is applied for separately

£12

11.12.3 for entry of voyages in the Seaman's Record Book and Certificates of Discharge (Dis. A) per voyage

£3

11.12.4 for replacement of Dis. A or Seaman's Identity Card on foot of loss due otherwise than by shipwreck or fire at sea

£12

Signal Letters

11.13 The fee payable for the allotment of signal letters, including the marking of the letters on the vessel's certificate of registry shall be

£29

SECOND SCHEDULE

FEES FOR REGISTRATION, TRANSFER AND MORTGAGE OF SHIPS

Notes

I. Fees under this Schedule are payable to Registrars of Ships.

II. Vessels belonging to the Commissioners of Irish Lights and vessels solely employed in fishing are exempt from the fees mentioned in this Schedule.

Transactions in the Ships Register and Inspection of the Register

S.I. No. 475 of 1998.

MERCHANT SHIPPING (FEES) ORDER, 1998

TABLE OF CONTENTS

CITATION AND COMMENCEMENT

6

DEFINITIONS

6

FEES PAYABLE FOR PASSENGER SHIP SURVEYS AND CERTIFICATION

8

FEES FOR SURVEY OF SHIPS IN DRY DOCK

10

FEES FOR EXAMINATION OF PLANS AND ARRANGEMENTS

10

FEES FOR TESTING, INSPECTING AND EXAMINING PLANS OF SIDESCUTTLES, FIRE RESISTING DOORS AND MATERIALS, SHIPS' SIDE AND OTHER HULL FITTINGS

11

FEES FOR SURVEY OF SHIPS' BOILERS

11

PART 2

12

CARGO SHIPS

12

FEES FOR CARGO SHIP SAFETY CONSTRUCTION SURVEYS AND CERTIFICATION

12

PART 3

15

PASSENGER BOATS

15

FEES FOR THE LICENSING AND INSPECTION OF PASSENGER BOATS

15

PART 4

15

RADIO

15

FEES FOR A SAFETY RADIO CERTIFICATE OR A QUALIFIED SAFETY RADIO CERTIFICATE TOGETHER WITH AN EXEMPTION CERTIFICATE AND FOR THE INSPECTION OF THE RADIO INSTALLATION FOR VESSELS COMPLYING WITH THE MERCHANT SHIPPING (RADIO VESSELS COMPLYING WITH THE MERCHANT SHIPPING (RADIO INSTALLATIONS) RULES, 1983, AS AMENDED AND THE MERCHANT SHIPPING (RADIO) RULES 1992.

15

PART 5

17

SAFETY EQUIPMENT

17

FEES FOR A SAFETY EQUIPMENT CERTIFICATE OR A QUALIFIED SAFETY EQUIPMENT CERTIFICATE TOGETHER WITH AN EXEMPTION CERTIFICATE

17

FEES FOR INSPECTION OF THE SAFETY EQUIPMENT OF SHIPS NOT REQUIRED TO HOLD SAFETY EQUIPMENT CERTIFICATES

18

FEES FOR TESTING AND INSPECTING LIFE-SAVING APPLIANCES

19

THE INSPECTION OF LIGHTS AND FOG SIGNALS ON ANY SHIP (INCLUDING ISSUE OF SURVEYOR'S REPORT OF INSPECTION)

19

PART 6

20

LOAD LINE SURVEYS AND INSPECTIONS, LOADING OF GRAIN CARGOES AND SURVEYS FOR SEAWORTHINESS

20

LOAD LINE SURVEYS AND INSPECTIONS, LOADING OF GRAIN CARGOES AND SURVEYS FOR SEAWORTHINESS

20

STABILITY REQUIREMENTS

23

EXEMPTIONS FOR DEEPER LOADING

24

EXEMPTIONS FOR SINGLE VOYAGES

25

GENERAL

26

LOADING OF GRAIN CARGOES

26

FEES FOR SURVEY FOR SEAWORTHINESS

26

PART 7

28

CREW ACCOMMODATION

28

FEES FOR INSPECTION OF CREW SPACES

28

PART 8

28

TONNAGE MEASUREMENT

28

STANDARD FEE

28

RE-MEASUREMENT OF TONNAGES

30

TONNAGE MEASUREMENT OF FISHING VESSELS

31

COPIES OF CERTIFICATES AND DETAILS OF TONNAGE CALCULATIONS

31

PART 9

31

EXAMINATIONS, TESTS AND RELATED SERVICES

31

GENERAL

31

DECK OFFICER CERTIFICATES OF COMPETENCY

32

ENDORSEMENT OF DECK OFFICER CERTIFICATES OF COMPETENCY OF SERVICE

32

MARINE ENGINEER OFFICER CERTIFICATES OF COMPETENCY AND MARINE ENGINE OPERATOR CERTIFICATES OF QUALIFICATION

33

ENDORSEMENT OF MARINE ENGINEER OFFICER CERTIFICATES OF COMPETENCY OR SERVICE

34

CERTIFICATES OF COMPETENCY FOR FISHING VESSEL DECK OFFICERS

34

CERTIFICATES OF COMPETENCY FOR FISHING VESSEL ENGINEER OFFICER

35

FEES FOR CERTIFICATES OF SERVICE (FISHING VESSELS)

36

ABLE SEAMAN (AB) AND EFFICIENT DECK HAND (EDH) CERTIFICATES

36

CERTIFICATE OF PROFICIENCY IN SURVIVAL CRAFT (CPSC)

36

SIGHT TESTS

36

PART 10

38

SURVEYORS' EXPENSES

38

SURVEYORS' EXPENSES IN THE STATE OR NORTHERN IRELAND

38

SURVEYS ABROAD

38

OVERTIME CHARGES

38

PART 11

39

FEES FOR SERVICES PROVIDED BY MERCHANTILE MARINE OFFICES

39

GENERAL

39

ENGAGEMENT AND DISCHARGE OF SEAMEN

39

ADDITIONAL FEES FOR THE ENGAGEMENT AND DISCHARGE OF SEAMEN ON BOARD SHIP

39

OTHER SERVICES ON BOARD SHIP

40

OVERTIME CHARGES

40

WAITING TIME DURING OFFICE HOURS

40

INDENTURES OF APPRENTICESHIP

40

INSPECTION OF REGISTERS AND MISCELLANEOUS CENTRAL REGISTER OF SHIPS

41

REGISTERS AND RECORDS RESPECTING SEAMEN AND PASSENGERS

41

REPLACEMENT OF CERTIFICATES

42

DISCHARGE BOOK AND SEAMAN'S IDENTITY CARD

42

SIGNAL LETTERS

42

SECOND SCHEDULE

43

FEES FOR REGISTRATION, TRANSFER AND MORTGAGE OF SHIPS

43

NOTES

43

TRANSACTIONS IN THE SHIPS REGISTER AND INSPECTION OF THE REGISTER

43

COPIES OF DOCUMENTS

43

THIRD SCHEDULE

44

FEES OF RECEIVERS OF WRECK

44

NOTE

44

FEES

44

S.I. No. 475 of 1998

MERCHANT SHIPPING (FEES) ORDER, 1998

I, Michael Woods, Minister for the Marine and Natural Resources, in exercise of the powers conferred on me by

section 5

of the

Merchant Shipping (Amendment) Act, 1939

(No. 12 of 1939),

section 5

of the

Merchant Shipping (Safety Convention) Act, 1952

(No. 29 of 1952), as extended by

section 3

of the

Merchant Shipping Act, 1966

(No. 20 of 1966),

section 4

of the

Mercantile Marine Act, 1955

(No. 29 of 1955),

section 26

of the

Merchant Shipping (Load Lines) Act, 1968

(No. 17 of 1968),

section 3

of the

Merchant Shipping (Certification of Seamen) Act, 1979

(No. 37 of 1979),

section 31

of the

Merchant Shipping Act, 1992

, the Communications (Transfer of Departmental Administration and Ministerial Functions) Order, 1987 (

S.I. No. 91 of 1987

), and by the Marine (Alteration of Name of Department and Title of Minister) Order, 1997 (

S.I. No. 301 of 1997

) and with the consent of the Minister for Finance hereby order as follows:-

1 Citation and Commencement

1.

(1) This Order may be cited as the Merchant Shipping (Fees) Order, 1998, and shall come into operation on the 14th day of December, 1998.

2 Definitions

2.

In this Order:-

"a certificate of Irish tonnage"

means a certificate issued to the owner of a ship registered in the State the tonnage of which has been ascertained in accordance with the provisions of the Fourth Schedule to the Merchant Shipping (Tonnage) Regulations, 1984 (

S.I. No. 369 of 1984

);

"a classed ship"

means a ship which has been surveyed by or on behalf of an Assigning Authority (other than the Minister) and has, following such survey, been classified by that authority in accordance with standards set for ships by it and remains so classified at the date of the survey or inspection for which a fee is payable under this Order;

"alternative tonnage"

means the alternative gross and register tonnages of a ship ascertained in accordance with paragraph 12 of the Fourth Schedule to the Merchant Shipping (Tonnage) Regulations, 1984 (

S.I. No. 369 of 1984

);

"assigning authority"

means a body which is an assigning authority for the purpose of the load line rules for the time being in force under the Act;

"cargo ship"

means a ship other than a passenger ship;

"1969 Convention Tonnages"

means tonnage ascertained in accordance with Part II of the Merchant Shipping (Tonnage) Regulations, 1984 (

S.I. No. 369 of 1984

);

"crew spaces"

means crew accommodation within the meaning of the Merchant Shipping (Crew Accommodation on Board Ship) Regulations, 1951 (

S.I. No. 95 of 1951

);

"examination"

means an examination for a certificate of competency or service or qualification or for an endorsement to any certificate conducted by an examiner appointed for that purpose by the Minister;

"Interim Scheme Tonnages"

means the gross tonnage of a ship ascertained under the Interim Scheme for the tonnage measurement of certain ships adopted by the Assembly of the International Maritime Organization (IMO) by Resolution A494(XII);

"International Tonnage Certificate"

means a certificate issued under the provisions of the International Convention on Tonnage Measurement of Ships (1969);

"long international voyages"

means a long international voyage within the meaning of the

Merchant Shipping (Safety Convention) Act, 1952

(No. 29 of 1952);

"modified tonnage"

means the gross and register tonnages of a ship ascertained in accordance with paragraph 11(3) of the Fourth Schedule to the Merchant Shipping (Tonnage) Regulations, 1984 (

S.I. No. 369 of 1984

);

"passenger ship"

means a ship carrying more than 12 passengers;

"passenger boat"

means any boat which is used to carry not more than 12 passengers for reward in any capacity including transport to islands, transport on rivers, carrying of people to and from work, transport in connection with sightseeing, diving, birdwatching etc.;

"sea area A1"

means an area within the radiotelephone coverage of at least one VHF coast station in which continuous DSC alerting is available;

"sea area A2"

means an area, excluding sea area A1, within the radiotelephone coverage of at least one MF coast station in which continuous DSC alerting is available, as may be defined in a Marine Notice;

"sea area A3"

means an area, excluding sea areas A1 and A2, within the coverage of an INMARSAT geostationary satellite in which continuous alerting is available;

"sea area A4"

means an area outside sea areas A1, A2 and A3;

"single tonnage"

means the tonnage of a ship ascertained in accordance with paragraph 2(2) of the Fourth Schedule to the Merchant Shipping (Tonnage) Regulations, 1984 (

S.I. No. 369 of 1984

);

"sister ship"

means a ship which corresponds in all major respects relevant to the measurement for tonnage with a ship the tonnage of which has been previously ascertained under the Tonnage Regulations, and for which the calculation for tonnage is available to the Certifying Authority to which, prior to the commencement of its measurement for tonnage, application has been made in writing by or on behalf of the owner of the ship requesting it to be treated as a sister ship;

"Superintendent"

means a superintendent of a Mercantile Marine Office or a duly appointed deputy;

"the Act"

means the

Merchant Shipping (Load Lines) Act, 1968

(No. 17 of 1968);

"the Minister"

means the Minister for the Marine and Natural Resources;

"the Tonnage Regulations"

means the Merchant Shipping (Tonnage) Regulations, 1984 (

S.I. No. 369 of 1984

);

"tons"

means gross tons and a reference to tons

(a) in relation to a ship having alternative gross tonnage under paragraph 12 of the Fourth Schedule to the Merchant Shipping (Tonnage) Regulations, 1984 (

S.I. No. 369 of 1984

) is a reference to the larger of those tonnages; and

(b) in relation to a ship having its tonnage determined both under Part II and Regulation 16 of those Regulations is a reference to its gross tonnage as determined under Regulation 16 of those Regulations.

3.

There shall, subject to and in accordance with the provisions of the Schedules to this Order, be charged and paid, in respect of each matter mentioned in any of those Schedules, the fee specified in that Schedule in respect of that matter.

4.

The Merchant Shipping (Fees) Order, 1992 (

S.I. No. 156 of 1992

) and the Merchant Shipping (Fees) (Passenger Boats) Order, 1992 (S.I. 295 of 1992) are hereby revoked.

FIRST SCHEDULE

NOTES

I. Except where otherwise stated, the appropriate fees must be paid before any survey, inspection (other than an inspection relating to a certificate mentioned in Part I) or service can be undertaken. In cases where the fee cannot be assessed beforehand (e.g. tonnage measurements), a deposit sufficient to cover the probable charge is required and any outstanding expenses or balance of fees must be paid before the case is completed.

II. Fees and expenses under this Schedule, unless otherwise stated, must in every case be paid to the Superintendent of a Mercantile Marine Office and not to Surveyors.

III. An official receipt is given for all payments.

IV. The fees mentioned in Part 4 are in addition to the fee for a safety equipment certificate, a qualified safety certificate and a qualified safety equipment certificate.

V. Application for services by Surveyors out of office hours should be made on the prescribed form. The application must include an undertaking to pay the overtime fees.

PART I

PASSENGER SHIPS

Fees payable for Passenger Ship Surveys and Certification