S.I. No. 187/1984 - Merchant Shipping (Certification and Watchkeeping) Regulations, 1984.

S.I. No. 187 of 1984.

MERCHANT SHIPPING (CERTIFICATION AND WATCHKEEPING) REGULATIONS, 1984.

I, JAMES MITCHELL, Minister for Communications, in exercise of the powers conferred on me by section 12 of the Merchant Shipping Act, 1947 (No. 46 of 1947), sections 3 and 8 of the Merchant Shipping (Certification of Seamen) Act, 1979 (No. 37 of 1979) and the Ministers and Secretaries (Amendment) Act, 1983 (No. 40 of 1983) hereby make the following Regulations:—

1 Citation and Commencement

1. These Regulations may be cited as the Merchant Shipping (Certification and Watchkeeping) Regulations, 1984 and shall come into operation on the 19th day of October, 1984.

2 Interpretation

2. In these Regulations:—

"authorised person" means a person authorised by the Minister for the purposes of these Regulations;

"Certification Regulations" means the Merchant Shipping (Certification of Marine Engineer Officers) Regulations, 1981 ( S.I. No. 12 of 1981 ), and the Merchant Shipping (Certification of Deck Officers) Regulations, 1981 ( S.I. No. 13 of 1981 );

"employer" means the person for the time being employing the master;

"fishing vessel" means a vessel for the time being employed in sea fishing or a Government fishery research vessel, but does not include a vessel used otherwise than for profit;

"Irish ship" has the same meaning as in the Merchant Shipping Acts, 1894 to 1983;

"Marine Notice" means a notice entitled "Marine Notice" issued by the Minister for Communications;

"the Minister" means the Minister for Communications;

"pleasure craft" means a vessel primarily used for sport or recreation;

"specified" means specified by the Minister in a Marine Notice.

3 Application

3. These Regulations apply to sea-going Irish ships other than fishing vessels and pleasure craft, and to other such sea-going ships registered outside the State when they are within the State or the territorial waters thereof.

4 Duty of master

4. The master of any ship to which these Regulations apply shall ensure that the watchkeeping arrangements for the ship are at all times adequate for maintaining safe navigational and engineering watches having regard to the matters set out in the First and Second Schedules to these Regulations.

The master shall give directions to the deck watchkeeping officers responsible for navigating the ship safely during their periods of duty, having particular regard to the matters set out in the First Schedule to these Regulations and the operational guidance specified by the Minister.

5 Duty of chief engineer officer

5. The chief engineer officer of any ship to which these Regulations apply shall ensure that the engineering watchkeeping arrangements for the ship are at all times adequate for maintaining a safe watch, having regard to the matters set out in the Second Schedule to these Regulations. When deciding the composition of the watch the chief engineer officer shall take into account the principles set out in the Second Schedule to these Regulations and the operational guidance specified by the Minister.

6 Watchkeeping arrangements in port

6. (1) Subject to paragraph (2) of this Regulation the master of any ship to which these Regulations apply which is safely moored or safely at anchor under normal circumstances in port, shall arrange for an appropriate and effective watch to be maintained for the purposes of safety. Such arrangements shall have regard to the principles and operational guidance specified by the Minister.

(2) Paragraph (1) of this Regulation shall not apply to any ship in respect of which there is in force for the time being an exemption granted under Regulation 3 (2) of the Certification Regulations.

7 Watchkeeping arrangements in port for ships carrying hazardous cargo

7. (1) The master of any ship to which these Regulations apply which is carrying hazardous cargo and which is in port, even when safely moored or safely at anchor, shall in addition to any watchkeeping arrangements required under Regulation 6, in the case of:—

(a) a ship carrying cargo in bulk that is hazardous, whether it is or may be explosive, flammable, toxic, a threat to health or liable to pollute the environment, ensure that a safe deck watch and safe engineering watch are maintained by the ready availability on board of a duly qualified officer or officers, and ratings where appropriate; and

(b) a ship carrying hazardous cargo other than in bulk, whether it is or may be explosive, flammable, toxic, a threat to health or liable to pollute the environment, ensure that in organising safe watchkeeping arrangements he takes account of the nature, quantity, packing and stowage of the hazardous cargo and of any special conditions on board, afloat and ashore.

(2) Such watchkeeping arrangements shall take full account of the principles and operational guidance specified by the Minister.

8 Manning and Certificates

8. (1) It shall be the duty of every employer of a master of a ship to which these Regulations apply to ensure that the ship carries sufficient qualified officers to enable the master and chief engineer officer to perform their respective duties pursuant to Regulations 4 to 7 of these Regulations. For the purposes of these Regulations an officer shall be qualified if he is the holder for the time being of:

(a) a certificate of competency or service as a deck officer or marine engineer officer issued or recognised as being equivalent under the Certification Regulations;

(b) a certificate of service issued under these Regulations; or

(c) in respect of ships registered outside the State, a certificate of competency or service issued or recognised as equivalent by the appropriate authority of the country in which the ship is registered, and at the material time such certificate is in force in relation to the person named in it and is appropriate to the description of ship and the capacity in which he is serving in the ship.

(2) An officer shall be deemed to be qualified for the purposes of this Regulation if he is qualified in accordance with the conditions of any exemption for the time being in force granted under Regulation 3 (2) of the Certification Regulations in relation to the ship in which he is serving.

9 Issue of Certificate of Service

9. (1) Subject to paragraph (3) below:

(a) the conditions to be satisfied by a person before he may be issued with a certificate of service under these Regulations, including any exceptions with respect to any such conditions, and

(b) the manner in which the satisfaction of any such conditions is to be evidenced,

shall be such as may be specified by the Minister.

(2) Subject to the proviso to this paragraph and to paragraph (3) of this Regulation, a person who applies to be issued with a certificate of service shall also:

(a) have served at sea in Irish ships in the capacity for which a certificate of service is applied for, for a period of not less than three years falling in the period of seven years immediately preceding the date of coming into operation of these Regulations; and

(b) produce such evidence as the Minister may require in the particular case of his satisfactory conduct during the three years mentioned in (a) above;

Provided that, notwithstanding that the conditions set out in subparagraphs (a) and (b) above have not been complied with, the Minister taking into account the circumstances in a particular case, may, where he is satisfied that those conditions have been substantially complied with, issue a certificate of service subject to any limitation as to trading area or description of ship which may be endorsed on that certificate in the particular case.

(3) Notwithstanding that an applicant for a certificate of service fulfils the conditions specified by or by virtue of the foregoing provisions of this Regulation, the Minister shall not issue the certificate applied for unless he is satisfied, having regard to all the relevant circumstances, that the applicant is a fit person to be the holder of the certificate and to act competently in the capacity to which it relates.

(4) A certificate of service issued under these Regulations shall be treated for the purposes of the Certification Regulations as equivalent to a certificate of competency or service of a corresponding class granted by the Minister or recognised as being equivalent under the Certification Regulations, subject to any limitation as to trading area or description of ship endorsed on that certificate.

10 Inspection

10. An authorised person may inspect any ship to which these Regulations apply for the purposes of:—

(a) verifying that all seafarers serving on board who are required to be certificated hold a valid certificate or exemption; and

(b) assessing the ability of the seafarers in the ship to maintain the watchkeeping standards required by these Regulations where there are grounds for believing that such standards are not being maintained because, while in a port in the State or in the approaches to that port, any of the following have occurred:

(i) the ship has been involved in a collision, grounding or stranding;

(ii) there has been a discharge of substances from the ship when underway, at anchor or at a berth, contrary to the law of the State;

(iii) the ship has been manoeuvred in an erratic or unsafe manner or navigational course markers or traffic separation schemes have not been followed.

11 Procedure to be adopted when inspection reveals deficiencies

11. If an authorised person finds on an inspection carried out pursuant to Regulation 10 that there is:

(1) a failure of officers, required to hold a certificate of competency or service, to have an appropriate valid certificate or a valid exemption from that requirement;

(2) a failure of navigational or engineering watch arrangements to conform to the requirements specified for the ship by the competent authority of the country in which the ship is registered;

(3) an absence on a watch of a person qualified to operate equipment essential to safe navigation;

(4) an inability of the master to provide adequately rested persons for the first watch at the commencement of a voyage and subsequent relieving watches;

he shall notify in writing the master of the ship and, in the case of a ship registered outside the State, the nearest maritime, consular or diplomatic representative of the flag State.

12 Power to detain

12. (1) In any case where it is found, in relation to a ship to which these Regulations apply, that the master or chief engineer officer, or any officer in charge of a navigational or engineering watch does not hold a valid certificate of competency or service which he is required to hold, or a valid exemption from that requirement, or that the navigational or engineering watch arrangements for the ship do not conform to the requirements laid down for the ship by the competent authority of the State in which the ship is registered, and these deficiencies are not corrected following notification thereof under Regulation 11, then, if there is in consequence danger to persons, property or the environment, the ship may be detained until those deficiencies have been corrected to an extent sufficient to remove the danger.

(2) The authorised person shall not in the exercise of his powers under this Regulation unreasonably detain or delay the ship.

(3) Section 692 of the Merchant Shipping Act, 1894 (which relates to the detention of a ship) shall have effect in relation to a ship detained under this Regulation, subject to the modification that for the words "this Act" wherever they appear there shall be substituted "the Merchant Shipping Acts, 1894 to 1983 or any Regulations made thereunder".

FIRST SCHEDULE

Regulation 4

Principles of Watchkeeping Arrangements for Navigational Watch

In paragraphs 1 and 5 of this Schedule in their application to small ships without a bridge, the word "bridge" shall be construed as meaning the position from which the navigation of the ship is controlled.

1. Watch arrangements

(a) The composition of the watch shall at all times be adequate and appropriate to the prevailing circumstances and conditions and shall take into account the need for maintaining a proper lookout.

(b) When deciding the composition of the watch on the bridge which may include appropriate deck ratings, the following factors, inter alia, shall be taken into account:

(i) at no time shall the bridge be left unattended;

(ii) weather conditions, visibility and whether there is daylight or darkness;

(iii) proximity of navigational hazards which may make it necessary for the officer in charge of the watch to carry out additional navigational duties;

(iv) use and operational condition of navigational aids such as radar or electronic position-indicating devices and any other equipment affecting the safe navigation of the ship;

(v) whether the ship is fitted with automatic steering;

(vi) any unusual demands on the navigational watch that may arise as a result of special operational circumstances.

2. Fitness for duty

The watch system shall be such that the efficiency of watchkeeping officers and watchkeeping ratings is not impaired by fatigue. Duties shall be so organised that the first watch at the commencement of a voyage and the subsequent relieving watches are sufficiently rested and otherwise fit for duty.

3. Navigation

(a) The intended voyage shall be planned in advance taking into consideration all pertinent information and any course laid down shall be checked before the voyage commences.

(b) During the watch the course steered, position and speed shall be checked at sufficiently frequent intervals, using any available navigational aids necessary, to ensure that the ship follows the planned course.

(c) The officer of the watch shall have full knowledge of the location and operation of all safety and navigational equipment on board the ship and shall be aware and take account of the operating limitations of such equipment.

(d) The officer in charge of a navigational watch shall not be assigned or undertake any duties which would interfere with the safe navigation of the ship.

4. Navigational equipment

(a) The officer of the watch shall make the most effective use of all navigational equipment at his disposal.

(b) When using radar, the officer of the watch shall bear in mind the necessity to comply at all times with the provisions on the use of radar contained in the Collision Regulations (Ships and Water Craft on the Water) Order, 1984 ( S.I. No. 29 of 1984 ).

(c) In cases of need the officer of the watch shall not hesitate to use the helm, engines and sound signalling apparatus.

5. Navigational duties and responsibilities

(a) The officer in charge of the watch shall:

(i) keep his watch on the bridge which he shall in no circumstances leave until properly relieved;

(ii) continue to be responsible for the safe navigation of the ship, despite the presence of the master on the bridge, until the master informs him specifically that he has assumed that responsibility and this is mutually understood;

(iii) notify the master when in any doubt as to what action to take in the interest of safety;

(iv) not hand over the watch to the relieving officer if he has reason to believe that the latter is obviously not capable of carrying out his duties effectively, in which case he shall notify the master accordingly.

(b) On taking over the watch the relieving officer shall satisfy himself as to the ship's estimated or true position and confirm its intended track, course and speed and shall note any dangers to navigation expected to be encountered during his watch.

(c) A proper record shall be kept of the movements and activities during the watch relating to the navigation of the ship.

6. Look-out

In addition to maintaining a proper look-out for the purpose of fully appraising the situation and the risk of collision, stranding and other dangers to navigation, the duties of the look-out shall include the detection of ships or aircraft in distress, shipwrecked persons, wrecks and debris. In maintaining a look-out the following shall be observed:

(a) the look-out must be able to give full attention to the keeping of a proper look-out and no other duties shall be undertaken or assigned which could interfere with that task;

(b) the duties of the look-out and helmsman are separate and the helmsman shall not be considered to be the look-out while steering, except in small ships where an unobstructed all round view is provided at the steering position and there is no impairment of night vision or other impediment to the keeping of a proper look-out. The officer in charge of the watch may be the sole look-out in daylight provided that on each such occasion:

(i) the situation has been carefully assessed and it has been established without doubt that it is safe to do so;

(ii) full account has been taken of all relevant factors including, but not limited to:

state of weather

visibility

traffic density

proximity of danger to navigation

the attention necessary when navigating in or near traffic

separation schemes;

(iii) assistance is immediately available to be summoned to the bridge when any change in the situation so requires.

7. Navigation with pilot embarked

Notwithstanding the duties and obligations of a pilot, his presence on board shall not relieve the master or officer in charge of the watch from their duties and obligations for the safety of the ship. The master and the pilot shall exchange information regarding navigation procedures, local conditions and the ship's characteristics. The master and officer of the watch shall cooperate closely with the pilot and maintain an accurate check of the ship's position and movement.

8. Protection of the marine environment

The master and officer in charge of the watch shall be aware of the serious effects of operational or accidental pollution of the marine environment and shall take all possible precautions to prevent such pollution particularly within the framework of relevant international and port regulations.

SECOND SCHEDULE

Regulations 4 and 5

Principles of Watchkeeping Arrangements for Engine Room Watch

1. Watch arrangements

(a) The chief engineer officer of every ship is bound, in consultation with the master, to ensure that watchkeeping arrangements are adequate to maintain a safe watch. When deciding the composition of the watch which may include appropriate engine room ratings, the following criteria, inter alia, shall be taken into account:

(i) type of ship;

(ii) type and condition of the machinery;

(iii) special modes of operation dictated by conditions such as weather, ice, contaminated water, shallow water, emergency conditions, damage containment or pollution abatement;

(iv) qualifications and experience of the watch;

(v) safety of life, ship, cargo and port, and protection of the environment;

(vi) observance of international, national and local regulations;

(vii) maintaining the normal operations of the ship.

(b) Under the direction of the chief engineer officer, the engineer officer in charge of the watch shall be responsible for the inspection, operation and testing, as required, of all machinery and equipment under his responsibility. The engineer officer in charge of a watch is the chief engineer officer's representative and his primary responsibility, at all times, shall be the safe and efficient operation and up-keep of machinery affecting the safety of the ship.

(c) The chief engineer officer shall, in consultation with the master, determine in advance the needs of the intended voyage, taking into consideration the requirements of fuel, water, lubricants, chemicals, expendable and other spare parts, tools, supplies and any other requirements.

2. Operation

(a) The engineer officer in charge of the watch shall ensure that the established watchkeeping arrangements are maintained. Under his general direction engine room ratings, if forming part of the watch, shall be required to assist in the safe and efficient operation of the propulsion machinery and the auxiliary equipment.

(b) At the commencement of the engineering watch, the current operational parameters and condition of all machinery shall be verified. Any machinery not functioning properly, expected to malfunction or requiring special service, shall be noted along with any action already taken. Plans shall be made for any further action if required.

(c) The engineer officer in charge of the watch shall ensure that the main propulsion plant and auxiliary systems are kept under constant surveillance, inspections are made of the machinery and steering gear spaces at suitable intervals and appropriate action is taken to remedy any malfunction discovered.

(d) When the machinery spaces are in the manned condition, the engineer officer in charge of the watch shall at all times be readily capable of operating the propulsion equipment in response to needs for changes in direction or speed. When the machinery spaces are in the periodic unmanned condition, the designated duty engineer officer in charge of the watch shall be immediately available and on call to attend the machinery spaces.

(e) All bridge orders shall be promptly executed. Changes in direction or speed of the main propulsion unit shall be recorded except in respect of a ship or class of ship specified by the Minister in a Marine Notice as being a ship or class of ship which need not comply with such requirement to record because the size and characteristics of the ship make such recording impracticable. The engineer officer in charge of the watch shall ensure that the main propulsion unit controls, when in the manual mode of operation, are continuously attended under standby or manoeuvring conditions.

(f) The engineer officer in charge of the watch shall not be assigned or undertake any duties which would interfere with his supervisory duty in respect of the main propulsion system and its ancillary equipment and he shall ensure that the main propulsion system and auxiliary equipment are kept under constant surveillance until he is properly relieved.

(g) Due attention shall be paid to the maintenance and support of all machinery, including mechanical, electrical, hydraulic and pneumatic systems, their control apparatus and associated safety equipment, all accommodation service systems equipment and the recording of stores and spare gear usage.

(h) The chief engineer officer shall ensure that the engineer officer in charge of the watch is informed of all preventive maintenance, damage control or repair operations to be performed during the watch. The engineer officer in charge of the watch shall be responsible for the isolating, by-passing and adjustment of all machinery under his responsibility that is to be worked on, and shall record all work carried out.

(i) Before going off duty, the engineer officer in charge of the watch shall ensure that all events related to the main and auxiliary machinery are suitably recorded.

(j) To avoid any danger to the safety of the ship and its crew, the engineer officer in charge of the watch shall notify the bridge immediately in the event of fire, impending actions in machinery spaces that may cause reduction in ship's speed, imminent steering failure, stoppage of the ship's propulsion system or any alteration in the generation of electric power, or similar threat to safety. This notification, where possible, shall be accomplished before changes are made in order to afford the bridge the maximum available time to take whatever actions are possible to avoid a potential marine casualty.

(k) When the engine room is put in a standby condition, the engineer officer in charge of the watch shall ensure that all machinery and equipment which may be used during manoeuvring is in a state of immediate readiness and that an adequate reserve of power is available for steering gear and other requirements.

3. Watch requirements

(a) Every member of the watch shall be familiar with his assigned watchkeeping duties. In addition, every member shall have with respect to that ship:

(i) knowledge of the use of appropriate internal communication systems;

(ii) knowledge of escape routes from machinery spaces;

(iii) knowledge of engine room alarm systems and the ability to distinguish between the various alarms with special reference to the CO ₂ alarm;

(iv) knowledge of the positions and use of the fire-fighting equipment in the machinery spaces.

(b) The composition of an underway watch shall, at all times, be adequate to ensure the safe operation of all machinery affecting the operation of the ship, in either automated or manual mode, and be appropriate to the prevailing circumstances and conditions. To achieve this, the following, inter alia, shall be taken into account:

(i) adequate supervision, at all times, of machinery affecting the safe operation of the ship;

(ii) condition and reliability of any remotely operated propulsion and steering equipment and their controls, control location and the procedures involved in placing them in a manual mode of operation in the event of break-down or emergency;

(iii) location and operation of fixed fire detection, fire extinction or fire containment devices and apparatus;

(iv) use and operational condition of auxiliary, standby and emergency equipment affecting the safe navigation, mooring or docking operations of the ship;

(v) steps and procedures necessary to maintain the condition of machinery installations in order to ensure their efficient operation during all modes of ship operation;

(vi) any other demands on the watch which may arise as a result of special operating circumstances.

(c) At an unsheltered anchorage the chief engineer officer shall consult with the master whether or not to maintain an underway watch.

Fitness for duty

4. The watch system shall be such that the efficiency of the watch is not impaired by fatigue. Duties shall be so organised by the chief engineer officer that the first watch at the commencement of a voyage and the subsequent relieving watches are sufficiently rested and otherwise fit for duty.

Protection of the marine environment

5. All engineer officers and engine room ratings shall be aware of the serious effects of operational or accidental pollution of the marine environment and shall take all possible precautions to prevent such pollution, particularly within the framework of relevant international and port regulations.

GIVEN under my Official Seal, this 19th day of July, 1984.

JAMES MITCHELL,

Minister for Communications.

EXPLANATORY NOTE.

These Regulations give effect in part to the International Convention on Standards of Training, Certification and Watchkeeping for Seafarers, 1978.

The Regulations apply to sea-going Irish registered ships (other than fishing vessels and pleasure craft) and to other such sea-going ships registered outside the State when they are within the territorial waters thereof (Regulation 3). The master and chief engineer officers must ensure that watchkeeping arrangements are adequate for maintaining a safe watch (Regulations 4 and 5 and the First and Second Schedules). The master must ensure that an effective watch is maintained in port (Regulation 6) especially when the ship carries a hazardous cargo (Regulation 7). The employer must ensure that the ship carries sufficient qualified officers, that is to say, those holding certificates of competency or service, to enable a safe watch to be maintained (Regulation 8). Certificates of service may be issued under the Regulations subject to conditions specified by the Minister (Regulation 9). A person duly authorised by the Minister may inspect ships for the purpose of verifying that the officers on board are properly certificated and able to maintain a safe watch (Regulation 10). Where the authorised person finds that there are specified deficiencies on board he shall notify the master in writing (Regulation 11). He may detain the ship where certain officers who are required to be certificated do not have valid certificates or there is a failure to conform to the applicable requirements for watch arrangements (Regulation 12).

Operational guidance for officers in charge of navigational and engineering watches, principles and operational guidance in respect of watchkeeping arrangements in port and the conditions to be fulfilled before the issue of a certificate of service are specified by the Minister in Marine Notices. Marine Notices are obtainable from the Department of Communications, Marine Division I, Apollo House, Tara Street, Dublin 2.