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  4. Merchant Shipping (Investigation of Marine Casualties) Act, 2000

Merchant Shipping (Investigation of Marine Casualties) Act, 2000

Amendment of Merchant Shipping Act, 1992.

44.—(1) Section 2 (1) of the Merchant Shipping Act, 1992 , is amended—

(a) by the substitution of the following for the definition of “fishing vessel”:

“‘fishing vessel’ means a vessel designed, equipped or used commercially for catching or taking fish or other living resources of the sea (including the sea bed) or freshwater;”,

(b) in the definition of “passenger boat”, by the deletion of “, a fishing vessel”,

(c) in the definition of “passenger ship”, by the deletion of “, a fishing vessel”,

(d) by the insertion of the following after the definition of “passenger ship”:

“‘personal watercraft’ means a craft of less than 4 metres in length which uses an internal combustion engine having a water jet pump as its primary source of propulsion and which is designed to be operated by a person or persons sitting, standing or kneeling on, rather than within the confines of, a hull;”,

and

(e) in the definition of “vessel” by the insertion after “navigation” of “and personal watercraft”.

(2) Section 18 of the Merchant Shipping Act, 1992 , is amended by the substitution of the following for subsection (1):

“(1) The Minister may, by regulations, make such provision as the Minister thinks necessary or expedient for the purpose of ensuring—

(a) the safety of—

(i) passenger boats,

(ii) the passengers and crews of passenger boats, and

(iii) other persons, and of property, from injury or damage caused by, resulting from or arising out of the use of passenger boats;

or

(b) that the use of a passenger boat does not create a disturbance or constitute a nuisance.”.

(3) Section 18(2) of the Merchant Shipping Act, 1992 , is amended—

(a) in paragraph (d), by the substitution for “specified risks, and” of “specified risks,”,

(b) in paragraph (e), by the substitution for “such standards as aforesaid.” of “such standards as aforesaid,”,

(c) by the insertion of the following after paragraph (e):

“(f) provide for the registration of passenger boats or specified classes of passenger boats and the licensing or certification of masters or persons in control of or operating passenger boats or passenger boats of a specified class,

(g) (i) regulate the use of passenger boats or specified classes of passenger boats by reference to the age or other qualifications of masters or persons in control of or operating passenger boats or passenger boats of a specified class,

(ii) regulate or prohibit the use of passenger boats or specified classes of passenger boats in particular circumstances, and the consumption of alcohol or drugs by masters or persons in control of or operating passenger boats or passenger boats of a specified class,

and

(h) require and regulate the use of lifejackets on specified classes of passenger boats.”.

(4) Section 18(4) of the Merchant Shipping Act, 1992 , is amended by the insertion after “passenger boats” of “or persons on or using passenger boats”.

(5) Section 18(5) of the Merchant Shipping Act, 1992 , is amended in paragraphs (a) and (b)(i) by the substitution for “£1,000” of “£1,500”.

(6) Section 19 of the Merchant Shipping Act, 1992 , is amended by the substitution of the following for subsection (1):

“(1) The Minister may, by regulations, make such provision as the Minister thinks necessary or expedient for the purpose of ensuring—

(a) the safety of—

(i) fishing vessels,

(ii) the crews of fishing vessels, and

(iii) other persons, and of property, from injury or damage caused by, resulting from or arising out of the use of fishing vessels;

or

(b) that the use of a fishing vessel does not create a disturbance or constitute a nuisance.”.

(7) Section 19 (2) of the Merchant Shipping Act, 1992 , is amended—

(a) in paragraph (d) by the substitution for “other findings of such surveys, and” of “other findings of such surveys,”,

(b) in paragraph (e), by the substitution for “such standards as aforesaid.” of “such standards as aforesaid, and”,

(c) by the insertion of the following after paragraph (e):

“(f) require and regulate the use of lifejackets on specified classes of fishing vessels.”.

(8) Section 19 (5) of the Merchant Shipping Act, 1992 , is amended in paragraph (a) by the substitution for “£1,000” of “£1,500”.

(9) Section 20 of the Merchant Shipping Act, 1992 , is amended—

(a) by the substitution of the following for subsection (1):

“(1) The Minister may, by regulations, make such provision as the Minister thinks necessary or expedient for the purpose of ensuring—

(a) the safety of—

(i) pleasure craft,

(ii) the occupants of pleasure craft, and

(iii) other persons, and of property, from injury or damage caused by, resulting from or arising out of the use of pleasure craft;

or

(b) that the use of a pleasure craft does not create a disturbance or constitute a nuisance.”,

(b) in subsection (2)(c), by the substitution for “navigation equipment, and” of “navigation equipment,”,

(c) in subsection (2)(d), by the substitution for “other findings of such surveys.” of “other findings of such surveys,”,

(d) in subsection (2), by the insertion of the following after paragraph (d):

“(e) provide for the registration of specified classes of pleasure craft and the licensing or certification of masters or persons in control of or operating pleasure craft or specified classes of pleasure craft,

(f) (i) regulate the use of pleasure craft or specified classes of pleasure craft by reference to the age or other qualifications of masters or persons in control of or operating pleasure craft or pleasure craft of a specified class,

(ii) regulate or prohibit the use of pleasure craft or specified classes of pleasure craft in particular circumstances, and the consumption of alcohol or drugs by masters or persons in control of or operating pleasure craft or pleasure craft of a specified class,

(g) prohibit the use of pleasure craft or specified classes of pleasure craft unless there are in force policies of insurance under which the owners of the pleasure craft or, if the pleasure craft are on hire, the persons to whom they are on hire are insured to a specified extent against specified risks relating to the use of the pleasure craft, and

(h) require and regulate the use of lifejackets on specified classes of pleasure craft.”,

(e) in subsection (4), by the insertion after “pleasure craft” of “or persons on or using pleasure craft”, and

(f) in subsection (5)—

(i) by the insertion after “master” of “or person in charge”, and

(ii) by the substitution for “£1,000” and “6 months” of “£1,500” and “12 months”, respectively.

(10) Section 31 (1)(a) of the Merchant Shipping Act, 1992 , is amended by the insertion after “grant of a licence” of “(including a certificate of registration, licence or certification issued or granted by the Minister under regulations made under this Act)”.

(11) The Merchant Shipping Act, 1992 , is amended by the insertion of the following after section 32:

“Power or function may be exercised by a statutory authority or body.

33.—(1) Regulations under section 18, 19 or 20 may provide for a power or function (including the power to prohibit or regulate the use, speed, times of operation and noise output of vessels as specified by the regulations in particular areas or circumstances) to be exercised or performed by a statutory authority or other body (including by the making and enforcement of bye-laws as may be permitted by the regulations) in respect of Irish waters under its control or contiguous to land under its control, and where the exercise or performance of a power or function is so provided for, ‘authorised officer’ when used in this Act or the regulations shall include a person authorised in writing or by bye-law of the statutory authority or other body to exercise in respect of the relevant Irish waters the powers conferred on an authorised officer by or under this Act.

(2) Regulations referred to in subsection (1) may allow a statutory authority or other body to charge a fee of such amount specified in the bye-laws of the authority or body, not exceeding £100, for a certificate of registration, licence or certification issued or granted under such regulations or bye-laws made under or in pursuance of such regulations.

(3) Before making regulations under section 18, 19 or 20 in relation to a statutory authority or other body for which another Minister of the Government has responsibility, the Minister shall consult with that other Minister.

Provisions relating to certain offences under regulations made under section 18, 19 or 20.

34.—(1) Where regulations made under section 18, 19 or 20 provide that this section shall apply, an authorised officer who has reasonable grounds for believing that a person is committing or has committed an offence under section 18, 19 or 20, may serve on the person a notice in the prescribed form stating that—

(a) the person is alleged to have committed the offence,

(b) the person may during the period of 21 days beginning on the date of the notice make to the statutory authority or body concerned at the address specified in the notice a payment of £100 accompanied by the notice, and

(c) a prosecution in respect of the alleged offence will not be instituted during the period specified in the notice and, if the payment specified in the notice is made during that period, no prosecution in respect of the alleged offence will be instituted.

(2) Where notice is given under subsection (1)—

(a) a person to whom it applies may, during the period specified in the notice, make to the statutory authority or body concerned at the address specified in the notice the payment specified in the notice accompanied by the notice,

(b) the statutory authority or body specified in the notice may receive the payment, issue a receipt for it and retain the money so paid, and any payment so received shall not be recoverable in any circumstances by the person who made it, and

(c) a prosecution in respect of the alleged offence shall not be instituted in the period specified in the notice, and if the payment so specified is made during that period, no prosecution in respect of the alleged offence shall be instituted.

(3) In a prosecution for an offence under section 18, 19 or 20, the onus of proving that a payment pursuant to a notice under this section has been made shall lie on the defendant.

(4) The Minister may by regulations vary the amount standing specified for the time being in subsection (1)(b).

(5) In this section ‘offence under section 18, 19 or 20’ includes an offence under regulations or bye-laws made under or in pursuance of those sections.

Careless navigation or operation of vessels.

35.—(1) A person shall not in Irish waters navigate or operate a prescribed vessel or vessel of a prescribed class without due care and attention.

(2) A person who, without reasonable excuse, contravenes subsection (1) shall be guilty of an offence and shall be liable on summary conviction to a fine not exceeding £500 or to imprisonment for a term not exceeding 3 months, or to both.

Dangerous navigation or operation of vessels.

36.—(1) A person shall not in Irish waters navigate or operate a prescribed vessel or vessel of a prescribed class in a manner (including at a speed) which, having regard to all the circumstances of the case (including the condition of the vessel or class of vessel, the nature, condition and use of the waters and the amount of traffic, or number of people, which or who then actually are, or might reasonably be expected then to be, on or in those waters) is dangerous to the public.

(2) A person who, without reasonable excuse, contravenes subsection (1) shall be guilty of an offence and—

(a) where the contravention causes death or serious bodily harm to another person, shall be liable on conviction on indictment to imprisonment for a term not exceeding 5 years or to a fine not exceeding £10,000, or to both, and

(b) in any other case, shall be liable on summary conviction to a fine not exceeding £1,500 or to imprisonment for a term not exceeding 12 months, or to both.

(3) Where, when a person is tried on indictment or summarily for an offence under this section, the jury, or in the case of a summary trial the District Court, is of opinion that the person was not guilty of an offence under this section but was guilty of an offence under section 34, the jury or court may find the person guilty of an offence under that section and the person may be sentenced accordingly.

Recovery of cost of Minister.

37.—Any costs of the Minister incurred in or in connection with the prosecution of a person for an offence under section 34 or 35 for which a person is convicted may be recovered by the Minister as a debt due and payable to the Minister by the convicted person.”.