S.I. No. 40/1999 - Fishing Vessel (Radio Installations Survey) Regulations, 1999.

I, MICHAEL WOODS, Minister for the Marine and Natural Resources, in exercise of the powers conferred on me by section 19 of the Merchant Shipping Act, 1992 (No. 2 of 1992) and the Marine (Alteration of name of Department and title of Minister) Order, 1997 ( S.I. No. 301 of 1997 ) hereby make the following regulations:—

1. (1) These Regulations may be cited as the Fishing Vessel (Radio Installations Survey) Regulations, 1999.

(2) In these Regulations—

“the Minister” means the Minister for the Marine and Natural Resources;

“nominated surveyor” means a radio surveyor nominated by the Minister to undertake the surveys required by these Regulations;

“prescribed” means prescribed in Regulations made by the Minister;

“radio installation” means any radio installation provided on board a ship in compliance with the Radio Regulations, including its associated antennae, inter-connecting circuits and, where appropriate, sources of electrical energy, and radio equipment for survival craft;

“Radio Regulations” means the Fishing Vessel (Radio Installations) Regulations, 1998 ( S.I. No. 544 of 1998 );

2. The Minister may grant exemptions from all or any of the provisions of these Regulations (as may be specified in the exemption) for classes of cases or individual cases on such terms (if any) as he may so specify and may, subject to giving reasonable notice, alter or cancel any such exemption.

3 (1) The owner of every vessel in respect of which there is a requirement in the Radio Regulations shall cause the same to be surveyed as soon as possible after these Regulations come into operation and thereafter at the following intervals:

(a) Class I Fishing Vessels—Annual Intervals;

(b) Class II, Class III and Class IV Fishing Vessels—Biannual Intervals;

by a nominated surveyor (subject to the provisions of Regulation 4) and any application for a survey shall be accompanied by such information relating to the vessel as the nominated surveyor may require for the purposes of the survey.

(2) Every application for the survey of a vessel under this Regulation shall be made by or on behalf of the owner of the vessel to the Minister and be accompanied by the prescribed fee.

(3) The nominated surveyor shall, upon receipt of an application, survey the vessel and satisfy himself that the radio installations thereon:

(a) comply with the requirements of the Radio Regulations applicable to the vessel, or are exempt from those requirements, and

(b) are in all respects satisfactory for the service for which the vessel is intended, having regard to the period for which the vessel is to be used.

(4) The nominated surveyor, if satisfied on the survey that he may properly do so, shall forward to the Minister a Declaration of Survey containing such particulars of the vessel and its radio installations as are required by the Minister.

4. A survey made pursuant to Regulation 3 in a port in the State shall be carried out by a radio surveyor of the Department of the Marine and Natural Resources.

5. (1) The owner or skipper of every vessel in relation to which these Regulations apply shall ensure that:

(a) the condition of the radio installations is maintained so as to comply with the Radio Regulations;

(b) after any survey required by these Regulations has been completed, no material change shall be made in the radio installations subject to such survey without the approval of the Minister; and

(c) whenever an accident occurs to a vessel or a defect is discovered either of which affects the efficiency or completeness of its radio installations, it shall be reported at the earliest opportunity to the Minister who shall cause investigations to be initiated to determine whether a survey by a nominated surveyor is necessary and shall in that event require such a survey to be carried out. If the vessel is in a port outside the State, the master or owner shall, in addition, make such a report immediately to the appropriate authorities of the country in which the port is situated.

(2) The nominated surveyor shall ascertain from the appropriate authorities of the country in which the port is situated that the report referred to in paragraph (1) (c) of this Regulation has been made.

6. In any case where the nominated surveyor determines that the condition of the radio installations does not comply with the requirements of the Radio Regulations or is such that the vessel is not fit to proceed to sea without danger to the vessel or person on board, the nominated surveyor shall advise the owner or master of the corrective action which in his opinion is required, and the vessel shall not be used for fishing, until such corrective action has been taken.

EXPLANATORY NOTE.

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

These Regulations provide for the survey of fishing vessels required to carry radio installations under the Fishing Vessel (Radio Installations) Regulations, 1998 ( S.I. No. 544 of 1998 ).