S.I. No. 669/2007 - Fishing Vessel (Fees) Regulations 2007

1. Approval of safety equipment plans.

2. Approval of safety construction plans.

3. Approval of radiocommunication equipment plans.

4. Stability approval—

(

a

) Initial approval.

(

b

) Lightship check.

(

c

) Inclining and re-approval.

Regulation 4.

SCHEDULE 3 SURVEYORS’ EXPENSES

Part 1

Surveys in the State or Northern Ireland

Other than overtime charges specified in Part 3, a separate fee shall not be payable in respect of a surveyor relating to—

(

a

) expenses, or

(

b

) subsistence

in the State or in Northern Ireland in addition to the fees set out in Schedules 2 and 3, except

(i) where a surveyor is called to a survey or inspection by the owner and is prepared to carry out such survey or inspection but is prevented from doing so by circumstances within the power of the owner, his servants or agents to prevent, or

(ii) where a surveyor is called upon to carry out a partial survey away from a normal survey centre for the purpose of the issue of a short-term certificate,

and in such event the fee in respect of expenses and subsistence shall be calculated at the rate for the time being in force in respect of such surveyor.

Part 2

Surveys other than in the State or Northern Ireland

(

a

) The relevant survey fees together with a fee equivalent in amount to the surveyors’ travelling and subsistence expenses shall be payable.

(

b

) All fees and a deposit to cover travelling and subsistence expenses must be paid in advance in the case of surveys abroad and an undertaking given for the payment of any balance of fees and expenses connected with the service.

Regulation 4.

Part 3

Fees in respect of overtime

(1) A fee in respect of overtime shall be calculated as follows

(

a

) €100 per hour, where a survey does not take place—

(i) on a Saturday, Sunday or public holiday, or

(ii) between 8 a.m. and 6 p.m;

(

b

) €200 per hour, where all or part of a survey takes place on a Saturday, Sunday or public holiday;

(

c

) for periods of one hour or less than one hour, the fee will be charged as one hour at the appropriate overtime rate;

(

d

) for periods exceeding one hour, one-quarter fee will be charged for each quarter or part quarter of an hour according to the appropriate rate but in no case shall the fee exceed the fee payable for 10 hours;

(

e

) where service cannot be commenced at the hour stated in the application or cannot be completed without interruption or if there is a delay after completion, through no fault of the surveyor, the time during which the surveyor is kept waiting shall be charged at half the full appropriate overtime rate subject to a maximum fee of €1,000;

(

f

) time occupied in travelling will not be deemed overtime except for time spent on a tender between the shore and the vessel and such time will be charged at half the full appropriate overtime rate;

and such overtime fees shall be payable in addition to any other fee set out in these Regulations.

(2) Fees and expenses shall in every case be paid to the Superintendent of the Mercantile Marine Office concerned and an official receipt shall be issued by that Office in respect of all payments to which these Regulations apply.

The Minister for Finance consents to the making of the foregoing Regulations.

GIVEN under the Official Seal,

26 September 2007

BRIAN COWEN.

Minister for Finance.

GIVEN under my Official Seal,

26 September 2007

NOEL DEMPSEY.

Minister for Transport.

EXPLANATORY NOTE

(This note is not part of the Instrument and does not purport to be a legal interpretation)

These Regulations introduce Fishing Vessel fees for surveying fishing vessels of 15 metres length overall and over. These Regulations revoke the Fishing Vessel (Fees) Regulations, 2005 (

S.I. No. 504 of 2005

).

5. The Fishing Vessel (Fees) Regulations 2005 (

S.I. No. 504 of 2005

) are revoked.

Regulation 4.

SCHEDULE 1

Part 1

S.I. No. 669 of 2007

FISHING VESSEL (FEES) REGULATIONS 2007

Notice of the making of this Statutory Instrument was published in

“Iris Oifigiúil” of

5

th October

, 2007.

I, NOEL DEMPSEY, Minister for Transport, in exercise of the powers conferred on me by sections 19 (inserted by section 47(1) of the

Maritime Safety Act 2005

(No. 11 of 2005)) and 31 (as amended by

section 44

of the

Merchant Shipping (Investigation of Marine Casualties) Act 2000

) (No. 14 of 2002)) of the

Merchant Shipping Act 1992

(No. 2 of 1992), and the Maritime Transport, Safety and Security (Transfer of Departmental Administration and Ministerial Functions) Order 2005 (

S.I. No. 842 of 2005

), and with the consent of the Minister for Finance, hereby make the following regulations

Citation and commencement.