S.I. No. 316/2024 - Maritime Safety (Weighing of Goods Vehicles) Regulations 2024

Notice of the making of this Statutory Instrument was published in

“Iris Oifigiúil” of 28th June, 2024.

I, EAMON RYAN, Minister for Transport, in exercise of the powers conferred on me by section 22 (1) and (5) of the Maritime Safety Act 2005 (No. 11 of 2005) and the Maritime Transport, Safety and Security (Transfer of Departmental Administration and Ministerial Functions) Order 2005 ( S.I. No. 842 of 2005 ) (as adapted by the Transport, Tourism and Sport (Alteration of Name of Department and Title of Minister) Order 2020 ( S.I. No. 351 of 2020 )) hereby make the following regulations:

Citation

1. These Regulations may be cited as the Maritime Safety (Weighing of Goods Vehicles) Regulations 2024.

Definitions

2. In these Regulations –

“Act of 2005” means Maritime Safety Act 2005 (No. 11 of 2005);

“acceptable to the Minister” in relation to a draught gauging system, means that the technical requirements of the draught gauging system fitted must be in compliance with the details specified by the Minister for Transport in a Marine Notice;

“passenger boat” and “passenger ship” have the meanings assigned to them, respectively, in section 2 (1) of the Merchant Shipping Act 1992 (No. 2 of 1992).

Prescribed weight

3. A weight exceeding 7,500 kilograms is the prescribed weight of a goods vehicle, trailer or semi-trailer, or a goods vehicle with a trailer or semi-trailer attached to it, for the purposes of section 22 (1) (a) of the Act of 2005.

Compliance exemption

4. (1) All classes and types of ship are exempt from compliance with section 22 (1) and (3) of the Act of 2005, unless the ship concerned is of a class or type referred to in paragraph (2).

(2) Paragraph (1) does not apply to the following classes or types of ships:

(a) passenger ships of Classes II(A) to VI (for the purposes of the Merchant Shipping (Passenger Ship Construction and Survey) Rules 1985 (No. 274 of 1985)),

(b) passenger ships of Class A to Class D (to which the Merchant Shipping (Passenger Ships) Rules 2020 ( S.I. No. 640 of 2020 )),

(c) passenger ships of Class A to Class D (to which the European Union (Passenger Ships) Regulations 2019 ( S.I. No. 676 of 2019 )), and

(d) passenger boats,

that are provided with cargo or vehicle spaces in which cargo or vehicles can be loaded or unloaded in the horizontal direction, engaged in the carriage of a laden goods vehicle, trailer or semi-trailer, not fitted with a draught gauging system acceptable to the Minister.

Revocation

5. The Merchant Shipping (Weighing of Goods Vehicles) Regulations 2006 ( S.I. No. 510 of 2006 ) are revoked.

GIVEN under the Official Seal of the Minister for Transport,

26 June, 2024.

EAMON RYAN,

Minister for Transport.

EXPLANATORY NOTE

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

These Regulations prescribe a weight greater than 7,500 kilograms as the weight which determines which goods vehicles, trailers or semi-trailers are prescribed vehicles for the purposes of section 22 of the Maritime Safety Act 2005 (i.e. the goods vehicles, trailers or semi-trailers in respect of which vehicle weight information must be given to the master of a ship by the operator of the vehicle prior to being loaded onto the ship in a harbour in the State and the requirement that such information must be retained by the owner of the vessel). The Regulations exempt all ships from compliance with the section 22 requirements except ships of those classes and types in the conditions specified in Regulation 4.