S.I. No. 36/1990 - Collision Regulations (Ships and Water Craft on The Water) (Amendment) Order, 1990.

S.I. No. 36 of 1990.

COLLISION REGULATIONS (SHIPS AND WATER CRAFT ON THE WATER) (AMENDMENT) ORDER, 1990.

The Government, in exercise of the powers conferred on them by sections 418 and 424 of the Merchant Shipping Act, 1894, as adapted, and by section 58 of the Air Navigation and Transport Act, 1936 (No. 40 of 1936), hereby, on the recommendation of the Minister for the Marine and the Minister for Tourism and Transport, order as follows:—

1. (1) This Order may be cited as the Collision Regulations (Ships and Water Craft on the Water) (Amendment) Order, 1990.

(2) This Order shall come into operation on the 15th day of February, 1990.

2. The Interpretation Act, 1937 (No. 38 of 1937), applies to this Order.

3. The Collision Regulations (Ships and Water Craft on the Water) Order, 1984 ( S.I. No. 29 of 1984 ), are hereby amended by—

( a ) the substitution of the following paragraph for paragraph (e) of Rule 1 of the First Schedule:

"( e ) Whenever the Government concerned shall have determined that a vessel of special construction or purpose cannot comply fully with the provisions of any of these Rules with respect to the number, position, range or arc of visibility of lights or shapes, as well as to the disposition and characteristics of sound-signalling appliances, such vessel shall comply with such other provisions in regard to the number, position, range or arc of visibility of lights or shapes, as well as to the disposition and characteristics of sound-signalling appliances, as her Government shall have determined to be the closest possible compliance with these Rules in respect of that vessel.";

( b ) the substitution of the following paragraph for paragraph (h) of Rule 3 of the First Schedule:

"( h ) The term "vessel constrained by her draught" means a power-driven vessel which, because of her draught in relation to the available depth and width of navigable water, is severely restricted in her ability to deviate from the course she is following.";

( c ) the addition of the following paragraph after paragraph (e) of Rule 8 of the First Schedule:

"( f ) (i) A vessel which, by any of these Rules, is required not to impede the passage or safe passage of another vessel shall, when required by the circumstances of the case, take early action to allow sufficient sea room for the safe passage of the other vessel.

(ii) A vessel required not to impede the passage or safe passage of another vessel is not relieved of this obligation if approaching the other vessel so as to involve risk of collision and shall, when taking action, have full regard to the action which may be required by Part B of these Rules.

(iii) A vessel the passage of which is not to be impeded remains fully obliged to comply with Part B of these Rules when the two vessels are approaching one another so as to involve risk of collision.";

( d ) The substitution of the following paragraph for paragraph (a) of Rule 10 of the First Schedule:

"(a) This Rule applies to traffic separation schemes adopted by the Organisation and does not relieve any vessel of her obligation under any other Rule.";

( e ) the substitution of the following paragraph for paragraph (c) of Rule 10 of the First Schedule:

"(c) A vessel shall, so far as practicable, avoid crossing traffic lanes but if obliged to do so shall cross on a heading as nearly as practicable at right angles to the general direction of traffic flow.":

( f ) the substitution of the following section for section 2 (d) of Annex 1:

"(d ) A power-driven vessel of less than 12 metres in length may carry the uppermost light at a height of less than 2.5 metres above the gunwale. When however a masthead light is carried in addition to sidelights and a stern-light or the all-round light prescribed in Rule 23 (c) (i) is carried in addition to sidelights, then such masthead light or all-round light shall be carried at least 1 metre higher than the sidelights.";

( g ) the substitution of the following section for section 2 (i) (ii) of Annex 1:

"(ii) on a vessel of less than 20 metres in length such lights shall be spaced not less than 1 metre apart and the lowest of these lights shall, except where a towing light is required, be placed at a height of not less than 2 metres above the gunwale.";

( h ) the insertion of the word "underway" after "sailing vessels" in Section 10 (a) of Annex 1:

( i ) the insertion of the word "underway" after "sailing vessels" in Section 10 (b) of Annex 1, and

( j ) the substitution of the following Schedule for the Second Schedule;

"SECOND SCHEDULE.

Countries which have accepted the International Regulations for Preventing Collisions at Sea as amended:

GIVEN under the Official Seal of the Government, this 15th day of February, 1990.

CHARLES J. HAUGHEY,

Taoiseach.

EXPLANATORY NOTE

This Order amends the collision Regulations (Ships and Water Craft on the Water) Order, 1984 ( S.I. No. 29 of 1984 ) in order to provide for amendments adopted by the International Maritime Organisation to the International Regulations for Preventing Collisions at Sea, 1972 which came into force on 19th November, 1989.