{"id":12075,"date":"2022-06-25T12:17:06","date_gmt":"2022-06-25T12:17:06","guid":{"rendered":"http:\/\/legalblog.ie\/?p=12075"},"modified":"2024-03-04T22:44:47","modified_gmt":"2024-03-04T22:44:47","slug":"modern-vessel-safety","status":"publish","type":"post","link":"https:\/\/legalblog.ie\/modern-vessel-safety\/","title":{"rendered":"Modern Vessel Safety"},"content":{"rendered":"<div id=\"ez-toc-container\" class=\"ez-toc-v2_0_63 counter-hierarchy ez-toc-counter ez-toc-grey ez-toc-container-direction\">\n<div class=\"ez-toc-title-container\">\n<p class=\"ez-toc-title \" >Table of Contents<\/p>\n<span class=\"ez-toc-title-toggle\"><a href=\"#\" class=\"ez-toc-pull-right ez-toc-btn ez-toc-btn-xs ez-toc-btn-default ez-toc-toggle\" aria-label=\"Toggle Table of Content\"><span class=\"ez-toc-js-icon-con\"><span class=\"\"><span class=\"eztoc-hide\" style=\"display:none;\">Toggle<\/span><span class=\"ez-toc-icon-toggle-span\"><svg style=\"fill: #999;color:#999\" xmlns=\"http:\/\/www.w3.org\/2000\/svg\" class=\"list-377408\" width=\"20px\" height=\"20px\" viewBox=\"0 0 24 24\" fill=\"none\"><path d=\"M6 6H4v2h2V6zm14 0H8v2h12V6zM4 11h2v2H4v-2zm16 0H8v2h12v-2zM4 16h2v2H4v-2zm16 0H8v2h12v-2z\" fill=\"currentColor\"><\/path><\/svg><svg style=\"fill: #999;color:#999\" class=\"arrow-unsorted-368013\" xmlns=\"http:\/\/www.w3.org\/2000\/svg\" width=\"10px\" height=\"10px\" viewBox=\"0 0 24 24\" version=\"1.2\" baseProfile=\"tiny\"><path d=\"M18.2 9.3l-6.2-6.3-6.2 6.3c-.2.2-.3.4-.3.7s.1.5.3.7c.2.2.4.3.7.3h11c.3 0 .5-.1.7-.3.2-.2.3-.5.3-.7s-.1-.5-.3-.7zM5.8 14.7l6.2 6.3 6.2-6.3c.2-.2.3-.5.3-.7s-.1-.5-.3-.7c-.2-.2-.4-.3-.7-.3h-11c-.3 0-.5.1-.7.3-.2.2-.3.5-.3.7s.1.5.3.7z\"\/><\/svg><\/span><\/span><\/span><\/a><\/span><\/div>\n<nav><ul class='ez-toc-list ez-toc-list-level-1 ' ><li class='ez-toc-page-1 ez-toc-heading-level-3'><a class=\"ez-toc-link ez-toc-heading-1\" href=\"https:\/\/legalblog.ie\/modern-vessel-safety\/#Modern_SOLAS_Legislaltion\" title=\"Modern SOLAS Legislaltion\">Modern SOLAS Legislaltion<\/a><\/li><li class='ez-toc-page-1 ez-toc-heading-level-3'><a class=\"ez-toc-link ez-toc-heading-2\" href=\"https:\/\/legalblog.ie\/modern-vessel-safety\/#Construction_Rules\" title=\"Construction Rules\">Construction Rules<\/a><\/li><li class='ez-toc-page-1 ez-toc-heading-level-3'><a class=\"ez-toc-link ez-toc-heading-3\" href=\"https:\/\/legalblog.ie\/modern-vessel-safety\/#Radio_Signalling_Rules\" title=\"Radio &amp; Signalling Rules\">Radio &amp; Signalling Rules<\/a><\/li><li class='ez-toc-page-1 ez-toc-heading-level-3'><a class=\"ez-toc-link ez-toc-heading-4\" href=\"https:\/\/legalblog.ie\/modern-vessel-safety\/#Classification_of_Ships\" title=\"Classification of Ships\">Classification of Ships<\/a><\/li><li class='ez-toc-page-1 ez-toc-heading-level-3'><a class=\"ez-toc-link ez-toc-heading-5\" href=\"https:\/\/legalblog.ie\/modern-vessel-safety\/#Certificates_Survey_Rules\" title=\"Certificates &amp; Survey Rules\">Certificates &amp; Survey Rules<\/a><\/li><li class='ez-toc-page-1 ez-toc-heading-level-3'><a class=\"ez-toc-link ez-toc-heading-6\" href=\"https:\/\/legalblog.ie\/modern-vessel-safety\/#Reduced_Mobility\" title=\"Reduced Mobility\">Reduced Mobility<\/a><\/li><li class='ez-toc-page-1 ez-toc-heading-level-3'><a class=\"ez-toc-link ez-toc-heading-7\" href=\"https:\/\/legalblog.ie\/modern-vessel-safety\/#Fixed_Payment_Fines\" title=\"Fixed Payment Fines\">Fixed Payment Fines<\/a><\/li><li class='ez-toc-page-1 ez-toc-heading-level-3'><a class=\"ez-toc-link ez-toc-heading-8\" href=\"https:\/\/legalblog.ie\/modern-vessel-safety\/#Sunken_Vessel_Recovery\" title=\"Sunken Vessel Recovery\">Sunken Vessel Recovery<\/a><\/li><li class='ez-toc-page-1 ez-toc-heading-level-3'><a class=\"ez-toc-link ez-toc-heading-9\" href=\"https:\/\/legalblog.ie\/modern-vessel-safety\/#Lifesaving_Fire_Appliances\" title=\"Lifesaving\u00a0 &amp; Fire Appliances\">Lifesaving\u00a0 &amp; Fire Appliances<\/a><\/li><li class='ez-toc-page-1 ez-toc-heading-level-3'><a class=\"ez-toc-link ez-toc-heading-10\" href=\"https:\/\/legalblog.ie\/modern-vessel-safety\/#Enforcement_Offences\" title=\"Enforcement &amp; Offences\">Enforcement &amp; Offences<\/a><\/li><li class='ez-toc-page-1 ez-toc-heading-level-3'><a class=\"ez-toc-link ez-toc-heading-11\" href=\"https:\/\/legalblog.ie\/modern-vessel-safety\/#Maritime_Labour_Convention\" title=\"Maritime Labour Convention\">Maritime Labour Convention<\/a><\/li><\/ul><\/nav><\/div>\n<h3><span class=\"ez-toc-section\" id=\"Modern_SOLAS_Legislaltion\"><\/span>Modern SOLAS Legislaltion<span class=\"ez-toc-section-end\"><\/span><\/h3>\n<p>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.\u00a0 It cover all categories of vessel including cargo, passenger, fishing vessel and leisure craft.<\/p>\n<p>It enabled further implementation of the International Convention on the Safety of Life at Sea, the SOLAS Convention.\u00a0 Matters regulated include<\/p>\n<ul>\n<li>construction rules of passenger vehicles,<\/li>\n<li>cargo ship construction<\/li>\n<li>survey rules,<\/li>\n<li>radio rules,<\/li>\n<li>navigation and tracking rules,<\/li>\n<li>cargo ship bulk rules,<\/li>\n<li>fire protection rules,<\/li>\n<li>rules for lifesaving appliances and<\/li>\n<li>arrangements for approval of service stations for inflatable lifesaving appliances.<\/li>\n<\/ul>\n<p>The definition of Irish ships does not include ships of the Naval Service of the Defence Forces wholly manned by them.<\/p>\n<p>There is provision for prosecution of offences against officers, directors, etc., of the company who consented to or participated in offences by the body corporate.\u00a0 Such parties are equally liable for such offences.<\/p>\n<h3><span class=\"ez-toc-section\" id=\"Construction_Rules\"><\/span>Construction Rules<span class=\"ez-toc-section-end\"><\/span><\/h3>\n<p>New provision was made in relation to the construction rules for passenger ships.\u00a0 There are provisions for prescribing requirements of the equipment, machinery, fuel use, subdivision, superstructure, stability and electrical installations with which a ship must comply.\u00a0 They include requirements necessary to implement the provisions of the Safety at Life at Sea Convention.<\/p>\n<p>The rules apply to passenger ships registered in the State and others while in the territorial waters of the State.\u00a0 The existing provisions are clarified, enabling the Minister to categorise passenger ships to different classes and making different rules for different classes, different circumstances and areas of application.<\/p>\n<p>The powers to make construction and survey rules for cargo ships are updated in 2011.\u00a0 As above, different rules may be made for different categories of ships, circumstances and different areas of operation.<\/p>\n<h3><span class=\"ez-toc-section\" id=\"Radio_Signalling_Rules\"><\/span>Radio &amp; Signalling Rules<span class=\"ez-toc-section-end\"><\/span><\/h3>\n<p>New provision was made to enable rules in relation to radios to apply to all ships registered and other seagoing ships or within ports of the State.\u00a0 They are to include requirements necessary to implement provisions of SOLAS.\u00a0 \u00a0This expanded the existing rules, beyond seagoing ships.<\/p>\n<p>The Minister may in making radio rules categorise ships into different categories and classes.\u00a0 They may cover portable radio apparatus for use in life rafts, operational duties of radio personnel, and requirements regarding keeping a radio log book.\u00a0 Inspection and enforcement powers of surveyors of ships are extended.\u00a0 Fine levels were updated.<\/p>\n<p>New provision is made for navigation and tracking systems.\u00a0\u00a0 This reflects modern terminology and technology.<\/p>\n<p>Irish ships of over 150 tons gross tonnage are prohibited from proceeding to sea on an international voyages, unless the ship is fitted with signalling lamps or devices.\u00a0 Contravention is an offence subject on summary conviction to a fine up to \u20ac5000.<\/p>\n<h3><span class=\"ez-toc-section\" id=\"Classification_of_Ships\"><\/span>Classification of Ships<span class=\"ez-toc-section-end\"><\/span><\/h3>\n<p>Ships may be classified into different classes, with different rules for different classes, circumstances and areas of operations.\u00a0 The enforcement powers of ship surveyors were extended.<\/p>\n<p>Troopships are exempt from specified provisions unless there are questions regarding the ship&#8217;s stability.\u00a0 Fishing vessels and pleasure crafts no longer qualify for certain exemptions.\u00a0 The amendment had a minimal effect, as fishing vessels were already subject to safety certificate requirements.<\/p>\n<p>The fire protection rules are updated.\u00a0 The level of fines is increased.<\/p>\n<h3><span class=\"ez-toc-section\" id=\"Certificates_Survey_Rules\"><\/span>Certificates &amp; Survey Rules<span class=\"ez-toc-section-end\"><\/span><\/h3>\n<p>New provisions are made in relation to the requirement for cargo ship safety certificates.\u00a0 Composite certificate may be issued in circumstances following; survey covering a safety equipment certificate, radio certificate and cargo ship safety construction certificate where each fall to be issued in respect of the ship.<\/p>\n<p>Bulk carriers must meet the requirements for cargo ship construction and survey rules.\u00a0 A Minister may make bulk carrier rules to prescribe requirements in relation to the superstructure, subdivision, stability, hull arrangement, equipment and machinery of a bulk carrier.\u00a0 It amended provisions for the inspection of bulk carriers by ship surveyors.<\/p>\n<p>The provisions are amended to provide for the safety of passenger boats, fishing vessels and pleasure craft.\u00a0 Different requirements may be made for the types of vehicles and different rules for classes, different circumstances and areas of operation.<\/p>\n<p>Passenger vessels may be classified into different classes for the purpose of making rules with different requirements for different circumstances.<\/p>\n<p>Regulations may provide for inspection by surveyors of ships and other authorised persons.\u00a0 Certificates may be refused or suspended where the requirements are not complied with.\u00a0 Contravention is an offence on summary prosecution for a fine of up to \u20ac5000.<\/p>\n<h3><span class=\"ez-toc-section\" id=\"Reduced_Mobility\"><\/span>Reduced Mobility<span class=\"ez-toc-section-end\"><\/span><\/h3>\n<p>The Minister may make rules in relation to persons with reduced mobility for the purpose of making passenger vessels accessible to them.\u00a0 The requirements of standards may make provisions for enforcement and charging of fees.<\/p>\n<p>Reduced mobility regulations may apply to owners of passenger vessels, masters, crew, and other persons responsible for services provided by a passenger vessel.\u00a0\u00a0 The Minister must publish draft regulations and request representations from persons who are interested in the proposals.<\/p>\n<p>The Minister is given powers by regulation to prepare and publish codes of practice in relation to access to passenger vehicles by persons with reduced mobility or in relation to reduced mobility regulations or the implementation of the department sectorial plans under the Disability Act.<\/p>\n<p>The codes must be made available for public inspection.\u00a0 It is the duty of the passenger vessels&#8217; owner, master, crew and other persons with responsibility for services to be aware of and follow codes of practice.\u00a0 They are to be admissible in criminal proceedings.<\/p>\n<h3><span class=\"ez-toc-section\" id=\"Fixed_Payment_Fines\"><\/span>Fixed Payment Fines<span class=\"ez-toc-section-end\"><\/span><\/h3>\n<p>There is a provision for administrative fixed payment systems.\u00a0 Where an authorised person has reasonable grounds for believing an offence is being committed in relation to the reduced mobility regulations, he may serve a fixed payment notice.<\/p>\n<p>Payment within 21 days may avoid prosecution.\u00a0 The fixed payment amount is \u20ac500 or such other amount as may be prescribed.<\/p>\n<h3><span class=\"ez-toc-section\" id=\"Sunken_Vessel_Recovery\"><\/span>Sunken Vessel Recovery<span class=\"ez-toc-section-end\"><\/span><\/h3>\n<p>The 2011 Act made new provisions to enable the raising of sunken vessels for the purpose of marine casualty investigation by the Marine Casualty Investigation Board.<\/p>\n<p>There is provision for powers and arrangements for raising and bringing ashore sunken vessels for the purpose for examining and making arrangements for its inspection, storage and if necessary disposal.\u00a0 The powers may be exercised by an investigator under the Merchant Shipping (Investigation of Marine Casualties) Act Tribunal appointed by the Minister under that Act and the Minister in certain circumstances.<\/p>\n<p>The owner of the raised vessel must be notified when the vessel is no longer required and may reclaim it within 28 days.\u00a0 Where he does not wish to reclaim and collect it, the party who raised the vessel may dispose of it by sale or otherwise.<\/p>\n<p>The costs of the raising are to be borne by the person who raised it.\u00a0 The proceeds of sale cannot be set against the cost incurred and the net proceeds must be paid to the owner of the vessel.<\/p>\n<p>The party who has raised the vessel must notify the relevant receiver of the wreck.<\/p>\n<h3><span class=\"ez-toc-section\" id=\"Lifesaving_Fire_Appliances\"><\/span>Lifesaving\u00a0 &amp; Fire Appliances<span class=\"ez-toc-section-end\"><\/span><\/h3>\n<p>The provisions in relation to lifesaving appliances and arrangements are updated.\u00a0 The Ministerial power to make rules for lifesaving appliances and arrangements is updated.\u00a0\u00a0 They cover matters such as the use of lifeboats, fire, lifejackets, distress signals, time out of drill practices and arrangements for dealing with emergency situations.<\/p>\n<p>The Minister is empowered to make regulations for the inspection and approval of service stations for inflatable lifesaving appliances and launching and embarkation appliances.\u00a0 They may provide for setting and enforcement of service standards for servicing such appliances.<\/p>\n<p>There is a provision for fees for inspection of service stations and issuing of certificates of approval.\u00a0 Contravention is subject to a fine of up to \u20ac5,000 on summary conviction.<\/p>\n<p>There is new provision in relation to fire protection of ship.\u00a0 The Minister may have different rules for different classes of ships.\u00a0 The maximum fine is \u20ac5000 on summary conviction.<\/p>\n<p>There is provision for inspection of ships by surveyors to check for compliance with fire protection rules.\u00a0 Fines of up to \u20ac100,000 on indictment are provided for.<\/p>\n<p>There is provision for entry into a log book of each occasion on which a boat drill and fire drill is practised and each occasion on which fire-saving appliances are examined.\u00a0 \u00a0Log books must be maintained and available for inspection.\u00a0\u00a0 A master who fails to comply with the obligation is guilty of an offence subject on summary conviction to a fine up to \u20ac500.<\/p>\n<h3><span class=\"ez-toc-section\" id=\"Enforcement_Offences\"><\/span>Enforcement &amp; Offences<span class=\"ez-toc-section-end\"><\/span><\/h3>\n<p>Ships may be inspected by authorised persons for the purpose of enforcement.\u00a0 Failure to comply with regulations is an offense subject to fine up to \u20ac5000 or such lesser amount as may be specified in regulations.<\/p>\n<p>Enforcement is enhanced by provision of further offence of obstructing a ship surveyor.\u00a0 A person who obstructs, impedes or without reasonable excuse fails to comply with requests of a surveyor in exercise of powers is guilty of an offence.\u00a0 It is subject on summary conviction to a fine up to \u20ac5000.<\/p>\n<p>A new enforcement mechanism is provided by way of an enforcement notice issued by a ship surveyor or an authorised person.\u00a0 If they are not complied with, the authorised person or surveyor may apply to the Circuit Court for a compliance order.\u00a0\u00a0 The owner or master may appeal to the Circuit Court against the requirements of the notice.<\/p>\n<p>An operator who has been served with a notice may also appeal.\u00a0\u00a0 A Circuit Court decision is final save that there is a further appeal to the High Court on the point of law.<\/p>\n<p>The provisions enabling the Minister to make regulations regarding numbers and personnel which ships must carry are updated.\u00a0 The regulations may provide for issue, form and recording of certificates or other documents and provide for a fee for their issue.<\/p>\n<h3><span class=\"ez-toc-section\" id=\"Maritime_Labour_Convention\"><\/span>Maritime Labour Convention<span class=\"ez-toc-section-end\"><\/span><\/h3>\n<p>The 2011 Act gave the force of law to the Maritime Labour Convention, 2006 and provided for its implementation in respect of Irish ships and seafarers. The Minister is enabled to make regulations to fulfil the State&#8217;s commitment in respect of Irish ships and the Seafarers Convention.<\/p>\n<p>It provides for surveys, certificates, inspections and monitoring to ensure that ships carry maritime labour certificates and a declaration of maritime labour compliance.\u00a0\u00a0 It updated fines for contraventions and sought to strengthen enforcement of compliance through surveys, inspection, court compliance orders and prosecution.<\/p>\n<!--themify_builder_content-->\n<div id=\"themify_builder_content-12075\" data-postid=\"12075\" class=\"themify_builder_content themify_builder_content-12075 themify_builder tf_clear\">\n    <\/div>\n<!--\/themify_builder_content-->\n","protected":false},"excerpt":{"rendered":"<p>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.\u00a0 It cover all categories of vessel including cargo, passenger, fishing vessel and leisure craft. It enabled further implementation of the International Convention [&hellip;]<\/p>\n","protected":false},"author":1,"featured_media":0,"comment_status":"open","ping_status":"open","sticky":false,"template":"","format":"standard","meta":{"_exactmetrics_skip_tracking":false,"_exactmetrics_sitenote_active":false,"_exactmetrics_sitenote_note":"","_exactmetrics_sitenote_category":0,"footnotes":""},"categories":[116],"tags":[],"_links":{"self":[{"href":"https:\/\/legalblog.ie\/wp-json\/wp\/v2\/posts\/12075"}],"collection":[{"href":"https:\/\/legalblog.ie\/wp-json\/wp\/v2\/posts"}],"about":[{"href":"https:\/\/legalblog.ie\/wp-json\/wp\/v2\/types\/post"}],"author":[{"embeddable":true,"href":"https:\/\/legalblog.ie\/wp-json\/wp\/v2\/users\/1"}],"replies":[{"embeddable":true,"href":"https:\/\/legalblog.ie\/wp-json\/wp\/v2\/comments?post=12075"}],"version-history":[{"count":4,"href":"https:\/\/legalblog.ie\/wp-json\/wp\/v2\/posts\/12075\/revisions"}],"predecessor-version":[{"id":32650,"href":"https:\/\/legalblog.ie\/wp-json\/wp\/v2\/posts\/12075\/revisions\/32650"}],"wp:attachment":[{"href":"https:\/\/legalblog.ie\/wp-json\/wp\/v2\/media?parent=12075"}],"wp:term":[{"taxonomy":"category","embeddable":true,"href":"https:\/\/legalblog.ie\/wp-json\/wp\/v2\/categories?post=12075"},{"taxonomy":"post_tag","embeddable":true,"href":"https:\/\/legalblog.ie\/wp-json\/wp\/v2\/tags?post=12075"}],"curies":[{"name":"wp","href":"https:\/\/api.w.org\/{rel}","templated":true}]}}