MARITIME SECURITY ACT 2004 REVISED Updated to 22 November 2021 AN ACT TO GIVE EFFECT TO THE UNITED NATIONS CONVENTION FOR THE SUPPRESSION OF UNLAWFUL ACTS AGAINST THE SAFETY OF MARITIME NAVIGATION, DONE AT ROME ON 10 MARCH 1988, AND TO THE PROTOCOL FOR THE SUPPRESSION OF UNLAWFUL ACTS AGAINST THE SAFETY OF FIXED PLATFORMS LOCATED ON THE CONTINENTAL SHELF, DONE AT ROME ON THAT […]
18th Century In the early 18th century, Dublin Port was largely undeveloped. The Liffey was not confined to well-defined banks. It flowed through a widening course and, at high water, could reach Merrion Square and Amiens Street. The ships lay on mud at low tide. In 1707, the Irish Parliament placed responsibility on the committee of Dublin Corporation to build a ballast office and maintain […]
Registration of persons on board passenger ships Directive 98/41/EC — registration of persons sailing on board passenger ships operating to or from EU ports Directive (EU) 2017/2109 amending Council Directive 98/41/EC on the registration of persons in passenger ships It sets out rules on the registration of those on board passenger ships and high-speed craft operating in EU waters. It complements the safety rules and […]
Controlling the EU external maritime borders and saving immigrants’ lives in operations at sea This regulation sets out the rules for the monitoring of the European Union’s sea borders, the interception of vessels suspected of carrying irregular immigrants and the rescue of those in danger at sea in border surveillance operations under the coordination of Frontex. 656/2014 of the European Parliament and of the Council […]
Maritime safety: minimum level of training of seafarers Directive 2008/106/EC on the minimum level of training of seafarers It incorporates, into EU law, minimum standards of training, certification and watchkeeping for seafarers serving on board EU vessels which are fixed by the convention on standards of training, certification and watchkeeping for seafarers (STCW convention) of the International Maritime Organisation. The convention was adopted in 1978. […]
State Obligations as Registrars An EU Directive provides a framework to ensure states fulfil their obligations as flag states or place of registration more effectively and consistently. It seeks to prevent maritime pollution and improve maritime safety. Before permitting a ship to be registered and authorised to fly its flag, states must ensure the ship complies with international rules and regulations. It must check safety […]
Liability of ship owners in the event of accidents Passengers involved in maritime accidents must have an adequate level of compensation for any loss or damage they suffer. To ensure this, ship owners must have appropriate insurance arrangements in place. Regulation (EC) No 392/2009 of the European Parliament and of the Council of 23 April 2009 on the liability of carriers of passengers by sea […]
Civil liability for oil pollution damage: Bunkers Convention Decision 2002/762/EC authorising EU countries to sign, ratify or accede to the Bunkers Convention It authorises EU countries to sign, ratify or accede to the 2001 International Convention on Civil Liability for Bunker Oil Pollution Damage (Bunkers Convention). The Bunkers Convention was adopted under the auspices of the International Maritime Organisation (IMO) to ensure adequate, prompt and […]
Negligence The law of negligence applies to collisions of vessels at sea. Similar principles to those applicable to road traffic accidents apply. Collisions are generally attributable to the negligence of the crew. The ship owner is generally liable for the negligence as the crew’s employer unless the action is due to a frolic outside the remit of their employment. In accordance with the general principles […]
Background In 1809, the Water Guard was formed. It was the maritime arm of Revenue Enforcement which patrolled the shore. It was initially based in watch houses around the coast. Boat crews patrolled the coastal waters. It was amalgamated with Customs in 1822. The Coast Guard was established by the Board of Customs in 1822 and was later absorbed into the Customs and Excise Department […]
Inspection Authorised officers may inspect and examine vessels inspect a log and require such records and documents as pertaining to the vessel as they may require master or members of the crew to provide them with such information and produce such records as they may reasonably require. Obstruction, interference, or failure to comply with the requirement constitutes an offence subject on summary conviction to fine […]
Traffic / Collisions Rules The regulations to prevent collisions provide for prescription of rules relating to a range of matters including lighting, steering, sailing routes and signals. Owners and masters must conform with the collision rules and not carry lighting or other signals which do not conform with the rules. If an infringement of the rules is caused by wilful default of the master or […]
Ship Standards & Survey The Merchant Shipping Acts make extensive provisions for standards in relation to passenger ships. Various international safety conventions have modernised and harmonised laws relating to the standards for passenger ships. The legislation has been updated from time to time accordingly. Every seagoing ship containing more than a certain size and passenger capacity is subject to requirements. Passenger ships and steamers must […]
Modern SOLAS Legislaltion The Merchant Shipping Act, 2011 sought to improve safety at sea by making enabling provisions for the making of updated rules and regulations on safety of cargo and passenger vessels. It cover all categories of vessel including cargo, passenger, fishing vessel and leisure craft. It enabled further implementation of the International Convention on the Safety of Life at Sea, the SOLAS Convention. […]
Updated Legislation The Merchant Shipping (Registration of Ships) Act 2014 updated the legislative basis for ship registration. The general scheme of the Mercantile Marine Act in relation to ship registration is preserved. There is a new centralized electronic national ship register known as the Irish Register of Ships. The legislation extends mandatory ship registration to existing and some additional categories. It makes provision for ship registration […]
Registrars The Minister may designate registrars of ships to administer the register. The register is to be administered in accordance with ministerial regulations and direction. The functions of the existing registrars are continued. The provision for application and grant of ship registration is set out in the legislation. There is provisional registration when a ship is being constructed. There may be non-operative registration to allow […]
Regulation of Pleasure Craft The Merchant Shipping Act 2005 makes provision for the regulation of the safety of pleasure craft as well as that of its occupants and third parties who may suffer loss or injury from its use. Regulations may be made in relation to standards of seaworthiness and safety for different classes of craft. It requires compliance with standards of construction and maintenance. […]
Certificates of Competence Certificates of competence are required for many of the principal grades of seaman. Acquiring the certificate is subject to examination or other requirements. Certificates are required for the master first mate, second mate, first and second class engineer. The certificate of competence must be maintained and may be revoked for good cause. There are obligations on the masters of ships to ensure […]
Reporting Arrival The master of a vessel that arrives at a harbour must report their arrival. The harbourmaster may require certification of registration of a vessel under the Merchant Shipping Acts or equivalent registration abroad. A master of a vessel other than a pleasure boat which enters a harbour, with a cargo of fish must furnish a statement of the take and the name of […]
Overview The Harbours Act 1946 and 1996 make provisions in relation to harbours. The Harbours Act 1996 provides for harbour companies in the case of certain harbours. The Harbours Act provides for the establishment of harbour authorities to take over the pre-existing functions of Harbour Commissioners in respect of the principal harbours in the State. They included in particular, the Dublin Port and Docks Board, […]
Market in Sea Transport An EU regulation provides for freedom to supply services, competition and free access to the market in sea transport. A separate directive deals with the freedom to provide services in sea transport between states. EU nationals and non-EU companies registered in the EU and controlled by EU nationals have the right to carry passengers and goods by sea between any port […]
Standards I An EU Directive provides a legal framework for prescribing harmonised safety rules and standards for passenger ships. The Directive applies to both passenger ships and crafts engaging on domestic voyages. It deals with new passenger ships, existing passenger ships of 24 m or more and high-speed passenger crafts. Each EU state which registers ships must ensure that ships and high-speed passenger craft engaged […]
Seafarers Competence There is an EU directive on the minimum level of training for seafarers. The minimum standards are set by the International Maritime Organisation convention on training standards as revised from time to time. They do not apply to warships, fishing vessels, pleasure yachts not engaged in trade or wooden ships of primitive build. Standards for candidates for validation certificates are set out. The […]
European Maritime Safety Agency The European maritime safety agency was established by regulation in 2002. The purpose of the agency is to provide states and Commissions with technical and scientific assistance to ensure proper application of EU legislation in maritime safety, monitor implementation and evaluate effectiveness. The agency assists the Commission in producing EU legislation on maritime safety and ship pollution. It refers to international […]
Security of Ships and Ports An EU Regulation provides for measures to enhance the security of ships and port facilities from unlawful acts. The regulation provides for harmonised EU action to monitor enhanced maritime security adopted by the International Maritime Organisation in 2002 which established the International Ship and Port Safety Security Code. It amended the Safety of Life at Sea Convention. The regulation transposes […]