|
|
|
|
|
|
|
STATUTORY INSTRUMENTS.
|
|
|
|
|
|
|
|
S.I. No. 40
of 1999.
|
|
|
|
FISHING VESSEL (RADIO INSTALLATIONS
SURVEY) REGULATIONS, 1999.
|
|
|
|
S.I. No. 40 of 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.
|
|
|
|
|
|
GIVEN under my Official Seal, this
2nd day of February, 1999.
|
|
|
MICHAEL WOODS,
|
|
|
Minister for the Marine and Natural Resources.
|
|
|
|
|
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 ).
|