S.I. No. 405/2001 - European Communities (A System of Mandatory Surveys For The Safe Operation of Regular Ro-Ro Ferries and High-Speed Passenger Craft Services) Regulations, 2001

1. the master is provided with appropriate information on the availability of shore-based navigational guidance systems and other information schemes to assist him or her in the safe conduct of the voyages, before the ferry or craft begins to sail, and that he or she makes use of the navigational guidance and information schemes set up by the competent authority;

2. the relevant provisions of paragraphs 2 to 6 of MSC/Circular 699, on revised guidelines for passenger safety instructions, are applied;

3. a table with the shipboard working arrangements is posted in an easily accessible place, and contains

(a) the schedule of service at sea and service in port, and

(b) the maximum hours of work or the minimum hours of rest required for watchkeepers;

4. the master is not constrained from taking any decision, which in his or her professional judgement is necessary for safe navigation and operation, in particular in severe weather and in heavy seas;

5. the master keeps a record of navigational activities and incidents which are of importance to safety of navigation;

6. any damage to, or permanent deflection of shell doors and associated hull plating that may affect the integrity of the ferry or craft, and any deficiencies in the securing arrangements of such doors, are promptly reported to both the flag State administration and the competent authority and are promptly repaired to their satisfaction;

7. an up-to-date voyage plan is available before the departure of the ro-ro ferry or high-speed passenger craft on its voyage. In preparing the voyage plan the guidelines set out in IMO Resolution A.893(21), on guidelines on voyage planning, are to be taken fully into account;

8. general information about the services and assistance available to elderly and disabled persons on board is made known to the passengers and is made available in formats suitable for people with impaired sight.

GIVEN under my Official Seal

this 4

th

day of September, 2001

Frank Fahey

Minister for the Marine and Natural Resources

EXPLANATORY NOTE

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

These regulations give effect to Commission Directive 1999/35/EC on a system of mandatory surveys for the safe operation of regular ro-ro ferry and high-speed passenger craft services.

The main purpose of the regulations is to lay down a system of mandatory surveys which will provide a greater assurance of safe operation of regular ro-ro ferries and high-speed passenger craft services to or from ports in the Member States of the Community. The

Merchant Shipping (Investigation of Marine Casualties) Act, 2000

provides for the investigation of marine caualties as required by Article 12 of the Directive.

1

O.J. No. L 138, 1.6.99. p. 1.

1

O.J. No. L 138, 1.6.99. p.1.

2

O.J. No. L 320, 30.12.95, p. 14

3

O.J. No. L 19, 24.01.98, p. 35

9. (1) The Minister may appoint such and so many persons as he or she thinks fit to be authorised officers for the purposes of these Regulations and the Directive.

(2) An authorised officer shall be furnished with a warrant of the officer's appointment and, when exercising any power conferred on an authorised officer under these Regulations, shall, if requested by any person affected, produce the warrant to the person.

(3) An authorised officer may for the purpose of these Regulations and the Directive and carrying out checks and surveys under these Regulations and the Directive -

(a) at all reasonable times board any ship or enter any premises or place where a company operates a ro-ro ferry or high-speed passenger service for the purposes of carrying out a check or survey under these Regulations and in accordance with the Directive,

(b) search and inspect the ship, premises or place and any documents or records found on board or therein,

(c) require any person on board or at the premises or in the place to produce to the authorised officer any report, document or record (including in the case of information in a non-legible form a copy of an extract from such information in permanent legible form) kept or used for a purpose connected with a ship,

(d) inspect, examine and take copies of or extracts from or take away, if necessary, for the purposes of inspection or examination, any report, document or record (including in the case of information in a non-legible form a copy of an extract from such information in permanent legible form) kept or used in connection with a ship and require the person by whom such document or record is kept or who produced the document or record to certify a copy thereof as a true copy,

(e) request the production of, examine and take copies of any certificate,

(f) question the master or person in charge of the ship or the director, manager, secretary or another officer of the company which operates the ship,

(g) undertake, or arrange for the undertaking, of the examination, testing, processing or dismantling of any equipment on board the ship, as may be necessary.

(4) For the purpose of exercising his or her powers under paragraph (3), an authorised officer may detain any ship during such time as is required for the exercise of those powers.

(5) Where a competent authority is satisfied that an authorised officer appointed by it has, in a

bona fide

manner, exercised a power conferred on the inspector by or under these Regulations, the competent authority shall indemnify the officer against all actions or claims however arising in respect of the exercise by the officer of that power.

(6) A person who obstructs or interferes with an authorised officer when the officer is exercising a power under this Regulation, or who fails or refuses to comply with a request or requirement of an inspector under this section, is guilty of an offence.

(7) A person who wilfully gives to an authorised officer information which he or she knows to be false or misleading in a material respect, or makes any such false or misleading statement reckless as to its truth or otherwise, is guilty of an offence.

(8) A person guilty of an offence under paragraph (6) or (7) shall be liable on summary conviction to a fine not exceeding €1,900 (£1,496.37).

Prosecution of offences

10. An offence under these Regulations may be prosecuted by the Minister.

Offence by body corporate

11. Where an offence under these Regulations is committed by a body corporate or by a person acting on behalf of a body corporate and is proved to have been so committed with the consent, connivance or approval of, or to have been facilitated by any neglect on the part of any director, manager, secretary or any other officer of such body or a person who was purporting to act in any such capacity, such person is also guilty of an offence and shall be liable to be proceeded against and punished as if he or she were guilty of the first-mentioned offence.

SCHEDULE 1

Regulation 6 (1) (c)

List of Regulations

European Communities (Minimum Requirements for Vessels Carrying Dangerous or Polluting Goods) Regulations, 1995 (

S.I. No. 229 of 1995

), as amended by the European Communities (Minimum Requirements for Vessels Carrying Dangerous or Polluting Goods) Regulations, 1999 (

S.I. No. 96 of 1999

),

Merchant Shipping (Safe Manning, Hours of Work and Watchkeeping) Regulations, 1998 (

S.I. No. 551 of 1998

), as amended by the Merchant Shipping (Safe Manning, Hours of Work and Watchkeeping) (Amendment) Regulations, 2000 (

S.I. No. 85 of 2000

),

Merchant Shipping (Training and Certification) Regulations, 1998 (

S.I. No. 553 of 1998

), as amended by the Merchant Shipping (Training and Certification) (Amendment) Regulations, 1999 (

S.I. No. 404 of 1999

), and the Merchant Shipping (Training and Certification) (Amendment) Regulations, 2000 (

S.I. No. 382 of 2000

),

Council Regulation (EC) No. 3051/95 of 8 December 1995

2

, as amended by Commission Regulation (EC) No. 179/98

3

.

SCHEDULE 2

Regulation 8

Specific requirements to be fulfilled by companies

Companies are to ensure that on board their ro-ro ferries and high-speed passenger craft

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

section 3

of the

European Communities Act, 1972

(No. 27 of 1972), for the purpose of giving effect to Council Directive No. 1999/35/EC of 29 April 1999

1

, hereby make the following regulations

Citation