First Previous (PART 2 Personal Watercraft and Recreational Craft) Next (PART 4 Safety Regulations — Passenger Boats, Fishing Vessels and Pleasure Craft — and Amendment of Merchant Shipping Acts)

11 2005

Maritime Safety Act 2005

PART 3

Prohibitions Relating to Vessels — Codes of Practice for the Safe Operation of Vessels, etc.

Prohibition on sailing unscaworthy vessels.

20. —(1) If a vessel, having regard to the nature of the service for which she is intended, goes out or attempts to go out to sea or into waters in such an unseaworthy state that the life of any person is likely to be or is endangered, then, the person in command or in charge, and the owner, of the vessel and any person sending her to sea, who knows or could have discovered by the exercise of ordinary care that the vessel is in such an unseaworthy state, is guilty of an offence.

(2) A person guilty of an offence under this section is liable—

(a) on summary conviction to a fine not exceeding €5,000 or to imprisonment for a term not exceeding 6 months or both, or

(b) on conviction on indictment to a fine not exceeding €250,000 or to imprisonment for a term not exceeding 2 years or both.

(3) In a prosecution for an offence under this section it is a defence for the defendant to show that—

(a) the vessel going out to sea or into waters in an unseaworthy state was, under the circumstances, reasonable and justifiable, or

(b) he or she used all reasonable means to ensure the vessel was seaworthy.

Seizure of unseaworthy vessels.

21. —(1) Where—

(a) a member of the Garda Síochána or an authorised person has reasonable grounds for believing that a vessel, or

(b) an authorised person appointed under Part 2 by an authority (within the meaning of Part 2) has reasonable grounds for believing that a personal watercraft or recreational craft (within the meaning of Part 2),

is unseaworthy and is going out or has gone out to sea or into waters and he or she considers that the vessel is liable to founder or be in such a defective condition as to be unsafe for persons on board or other users of Irish waters, he or she may order the vessel to go to a port or harbour or a place of refuge or seize (using reasonable force, if necessary) and detain the vessel in the interest of safety of persons, until—

(i) such time as the vessel—

(I) if it is a pleasure craft, is made to his or her satisfaction seaworthy, or

(II) if it is a vessel other than a pleasure craft or being a pleasure craft and he or she considers it necessary, is made seaworthy to the satisfaction of a surveyor of ships (within the meaning of section 724 of the Merchant Shipping Act 1894) by a certificate issued in that behalf by the surveyor and produced to him or her,

(ii) arrangements (including arrangements for the repair, disposal, salvage or berthing) have been made by the person in command or in charge or the owner of the vessel which the member or authorised person is satisfied with, or

(iii) the conclusion of any proceedings in respect of the vessel brought under this Act.

(2) Where a vessel has been detained under subsection (1), a reasonable charge may be made for her to be released to cover any reasonable expenses involved in the seizure and detention and any survey of the vessel.

(3) Where a vessel is detained under subsection (1) and the vessel is not made seaworthy, within a reasonable stated period, to the satisfaction of a member of the Garda Síochána or an authorised person (within the meaning of subsection (1)) the member or person may give notice in writing, stating that after the expiration of 5 days, or such further period as is specified in the notice, it is intended to dispose of the vessel, unless representations are made within that time to him or her by the owner or his or her representative of the vessel.

(4) Where the member or an authorised person having considered any representations under subsection (3) decides to dispose of the vessel he or she shall give notice in writing to the owner of the decision.

(5) The owner of a vessel detained under subsection (1) or to whom a notice to dispose of the vessel has been given under subsection (4) may within 7 days of the detention or being given the notice, appeal to the District Court within whose District Court area is the port, harbour or place where the vessel was detained or first brought after its detention, against the detention or notice.

(6) Where no appeal has been made within the period of 7 days against a notice under subsection (4), the notice has effect upon the expiration of the period.

(7) In hearing an appeal under subsection (5) the court may confirm the detention or allow the disposal or order the release of the vessel (with or without conditions).

(8) Any proceeds of the disposal of a vessel under this section remaining after the deduction of any reasonable expenses and court costs, shall be paid to the owner of the vessel.

Weighing of goods vehicles before loading onto ships.

22. —(1) (a) A goods vehicle, trailer or semi-trailer of a prescribed weight shall not be loaded onto a ship in a harbour in the State unless valid information in accordance with subsection (2) as to its weight (“vehicle weight information”) is provided by the operator of the vehicle beforehand to the master of the ship. This information shall be used by the master of the ship to determine whether or not the vehicle can be safely loaded and accommodated on the ship and, if so, to ensure the proper loading and accommodation of the vehicle on the ship.

(b) Paragraph (a) does not apply to a motor vehicle which is used only for loading trailers or semi-trailers onto, and unloading them from, a ship.

(2) (a) Vehicle weight information in respect of a goods vehicle, trailer or semi-trailer shall consist of—

(i) a certificate or a machine-readable record obtained from a weighbridge or other weighing machine situated within the harbour premises of the harbour at which the ship is to be loaded, or

(ii) data transmitted electronically by such a weighbridge or other weighing machine,

giving the weight of the vehicle, trailer or semi-trailer and any load being carried by it, and shall relate—

(I) in the case of a goods vehicle, to the vehicle and its load, if any (but excluding its driver and any passenger carried by it), and

(II) in the case of a trailer or semi-trailer, to it and its load and, if it is being pulled by a tractor, that of the tractor pulling it.

(b) Reference to the load of a vehicle in paragraph (a) includes reference to—

(i) any water, fuel or accumulators used for the purpose of power for the propulsion of the vehicle, and

(ii) any loose tools and loose equipment.

(c) In exceptional circumstances, information obtained, with the consent of the Minister, from a weighbridge or other weighing machine situated outside the premises of the harbour at which the ship is berthed, may be accepted as valid information as to weight.

(3) The certificate, records and data referred to in subsection (2) shall be retained by the owner of the ship concerned, in accordance with arrangements specified by the Minister in a Marine Notice, and shall be made available in legible form to the Department on request during the period, being a period of not more than 12 months, provided for in those arrangements.

(4) A person who—

(a) supplies information for the purpose of this section which he or she knows or has grounds for believing that it is false, or

(b) forges or interferes with any document purporting to be a certificate or record referred to in subsection (2) or uses any such document or altered certificate or record or altered data with intent to deceive,

is guilty of an offence and is liable on summary conviction to a fine not exceeding €5,000 or to imprisonment for a term not exceeding one month or both.

(5) The Minister may by regulations exempt from compliance with subsection (1) or (3) a class or type of ship, and subject to any conditions, specified in the regulations.

(6) Every regulation made under this section shall be laid before each House of the Oireachtas as soon as may be after it is made and, if a resolution annulling the regulation is passed by either such House within the next 21 days on which that House has sat after the regulation is laid before it, the regulation shall be annulled accordingly, but without prejudice to the validity of anything previously done thereunder.

(7) In this section—

“harbour premises” in relation to any harbour, means the docks, landing places and other works and land for the time being vested in, belonging to or administered by a harbour authority (within the meaning of Part 2);

“Marine Notice” means a notice described as such and includes a subsequent Marine Notice amending or replacing a Marine Notice;

“goods vehicle” means a mechanically propelled vehicle constructed or adapted primarily for the conveyance of goods or burden of any description;

“prescribed” means prescribed by regulations made by the Minister;

“trailer” and “semi-trailer” means a trailer or semi-trailer constructed or adapted primarily for the conveyance of goods or burden of any description.

Careless navigation or operation of vessels.

23. —(1) A person shall not in Irish waters navigate or operate a vessel without due care and attention to persons in or on those waters or on land, within the State, adjacent to those waters.

(2) A person who, without reasonable excuse, contravenes subsection (1) is guilty of an offence and is liable on summary conviction to a fine not exceeding €5,000 or to imprisonment for a term not exceeding one month or both.

Dangerous navigation or operation of vessels.

24. —(1) A person shall not in Irish waters navigate or operate a vessel 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 maritime 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 persons in or on those waters or land, within the State, adjacent to those waters.

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

(a) where the contravention causes death or serious bodily harm to another person, is liable, on conviction on indictment, to imprisonment for a term not exceeding 5 years or to a fine not exceeding €100,000 or both, and

(b) in any other case, is liable, on summary conviction, to a fine not exceeding €5,000 or to imprisonment for a term not exceeding 6 months or 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 23 , the jury or court may find the person guilty of an offence under that section and the person may be sentenced accordingly.

Exclusion.

25. Sections 23 and 24 do not apply to a crew member, other than the skipper, who is not helming a pleasure craft which is a yacht or sailing boat powered wholly or mainly by sail.

Defence.

26. —In a prosecution for an offence under section 23 or 24 it is a defence for the defendant to show that—

(a) he or she was acting under direct instructions from the person in command or in charge of the vessel concerned or a person in charge of him or her and it was not unreasonable in the circumstances to so act,

(b) he or she had been instructed by that person to perform a task which he or she could not reasonably perform or had not been adequately instructed to perform, or

(c) he or she took all reasonable steps to avoid the collision or incident to which the prosecution relates but due to—

(i) the nature of the vessel and the service for which she was intended, or

(ii) the weather, tidal or navigational conditions prevailing at the time of the collision or incident,

it was not possible to stop the vessel or change course in time to avoid the collision or incident and it was not reasonable to do so.

Conduct endangering vessels, structures or individuals.

27. —(1) This section applies to the master, or another member of the crew, of an Irish ship in waters anywhere or any other vessel while in Irish waters.

(2) If a person to whom this section applies, while on board his or her vessel or in her immediate vicinity—

(a) does any act which causes or is likely to cause—

(i) the loss or destruction of or serious damage to his or her vessel or machinery, navigation equipment or safety equipment on board the vessel,

(ii) the loss or destruction of or serious damage to any other vessel or any structure, or

(iii) the death of or serious injury to any person,

or

(b) omits to do anything required—

(i) to preserve his or her vessel or machinery, navigation equipment or safety equipment on board the vessel from being lost, destroyed or seriously damaged,

(ii) to preserve any person on board his or her vessel from death or serious injury, or

(iii) to prevent his or her vessel from causing the loss or destruction of or serious damage to any other vessel or any structure, or the death of or serious injury to any person not on board his or her vessel,

and the act or omission was deliberate or amounted to a breach or neglect of duty or the person to whom this section applies was under the influence of alcohol or a drug or any combination of drugs or drugs and alcohol at the time of the act or omission, that person is, subject to subsection (4), guilty of an offence.

(3) A person guilty of an offence under this section is liable—

(a) on summary conviction, to a fine not exceeding €5,000 or to imprisonment for a term not exceeding 6 months or both, or

(b) on conviction on indictment, to a fine not exceeding €100,000 or to imprisonment for a term not exceeding 2 years or both.

(4) In a prosecution for an offence under this section it shall be a defence to prove—

(a) that the defendant could have avoided committing the offence only by disobeying a lawful command, or

(b) that in all the circumstances the loss, destruction, damage, death or injury in question or, as the case may be, the likelihood of its being caused either could not reasonably have been foreseen by the defendant or could not reasonably have been avoided by him or her, or

(c) if the act or omission alleged against the defendant constituted a breach or neglect of duty, the defendant took all reasonable steps to discharge that duty.

(5) In this section—

“breach or neglect of duty”, except in relation to a person in command or in charge, includes any disobedience to a lawful command;

“duty”—

(a) in relation to a master or another crew member, means any duty falling to be discharged by him or her in his or her capacity as such, and

(b) in relation to a master, includes his or her duty with respect to the good management of his or her vessel and his or her duty with respect to the safety of operation of his or her vessel, or machinery and equipment on board;

“structure” means any fixed or movable structure (of whatever description) other than a vessel.

Prohibition on operating vessels while under influence of alcohol or drugs.

28. —(1) A person being in command or in charge or another member of the crew of a vessel in Irish waters or an Irish ship in waters anywhere shall not operate or control or attempt to operate or control the vessel or carry out any task or duty in relation to such operation or control while he or she or the other is under the influence of alcohol or a drug or any combination of drugs or drugs and alcohol to such an extent as to be incapable of properly controlling or operating the vessel or carrying out the task or duty.

(2) A person who fails to comply with subsection (1) is guilty of an offence and is liable on summary conviction to a fine not exceeding €5,000 or to imprisonment for a term not exceeding 3 months or both.

Drunkenness, etc., of passengers or members of crew.

29. —(1) (a) The person in command or in charge of a vessel may—

(i) refuse to permit to board the vessel a person who, in the opinion of the person in command or in charge, is, by reason of being under the influence of alcohol or a drug or any combination of drugs or drugs and alcohol, in such a condition or misconducts himself or herself in such a manner, as to cause injury or serious offence or annoyance to persons on the vessel, to cause damage to the vessel or to obstruct, impede or molest a member of the crew of the vessel, or

(ii) put such a person ashore at any convenient place.

(b) A person who, under paragraph (a), has been refused permission to board, or been put ashore from, a vessel shall not be entitled to be repaid any fare paid by him or her in respect of any voyage or excursion to which his or her attempted boarding of, or presence on, the vessel related.

(2) If a person in command or in charge or another member of the crew of a vessel is, while on duty, under the influence of alcohol or a drug or any combination of drugs or drugs and alcohol to such an extent that his or her ability to discharge his or her duties is impaired, he or she is guilty of an offence and liable on summary conviction to a fine not exceeding €5,000.

Control of consumption of alcohol or drugs on board vessel.

30. —(1) A person on board a vessel in Irish waters or an Irish ship in waters anywhere shall not consume alcohol or take a drug or any combination of drugs or drugs and alcohol while on board the vessel in circumstances which could affect the safety of persons or create a disturbance or serious nuisance on board the vessel or affect the safety of other persons using Irish waters or constitute a nuisance to such persons.

(2) A person in command or in charge of a vessel in Irish waters or an Irish ship in waters anywhere shall take all reasonable steps to ensure that all persons on board comply with subsection (1).

(3) A person who fails to comply with subsection (1) is guilty of an offence and is liable on summary conviction to a fine not exceeding €5,000 or to imprisonment for a term not exceeding 3 months or both.

Prohibition on disruptive behaviour on vessels.

31. —(1) A person on board a vessel in Irish waters or an Irish ship in waters anywhere who, without justification, engages in behaviour that is likely to cause serious offence or annoyance to any person on board the vessel, at any time after having been requested by a member of the crew of the vessel to cease such behaviour, is guilty of an offence.

(2) A person on board a vessel in Irish waters or an Irish ship in waters anywhere who engages in behaviour of a threatening, abusive or insulting nature whether by word or gesture with intent to cause a breach of the peace or being reckless as to whether a breach of the peace might be occasioned is guilty of an offence.

(3) A person guilty of an offence under this section is liable on summary conviction—

(a) in the case of an offence under subsection (1), to a fine not exceeding €2,000, or

(b) in the case of an offence under subsection (2), to a fine not exceeding €5,000 or to imprisonment for a term not exceeding 6 months or both.

Prohibition on endangering vessels or persons on board.

32. —(1) A person on board a vessel in Irish waters or on an Irish ship in waters anywhere who through any deliberate or reckless action or by reason of being under the influence of alcohol or a drug or any combination of drugs or drugs and alcohol puts at risk or endangers the safety, security or seaworthiness of the vessel or the lives or safety of persons on board is guilty of an offence.

(2) A person guilty of an offence under subsection (1) is liable—

(a) on summary conviction, to a fine not exceeding €5,000 or to imprisonment for a term not exceeding 6 months or both, or

(b) on conviction on indictment, to a fine not exceeding €100,000 or to imprisonment for a term not exceeding 2 years or both.

(3) In a prosecution of an offence under this section it is a defence for the defendant to show that he or she could have avoided committing the offence only by disobeying a lawful command.

Directions to passengers on board passenger boats and ships.

33. —(1) The master of a passenger boat or passenger ship or another vessel carrying passengers in Irish waters, or being an Irish ship carrying passengers in waters anywhere, or a person in uniform on board, authorised by him or her or the owner of the boat or ship, may give directions to passengers on board, which in the circumstances are reasonable, in relation to the safety or security of, or safety or security procedures on board, the boat or ship or for the purposes of complying with section 30 (2).

(2) A direction under this section shall not be given to a passenger in relation to anything which is a duty or task of the crew of the boat or ship or which would be unreasonable or inappropriate for him or her to carry out.

(3) A passenger who, without reasonable excuse, fails to comply with a direction given to him or her under subsection (1) is guilty of an offence and is liable on summary conviction to a fine not exceeding €500.

(4) In this section—

“passenger” and “passenger boat” have the meanings assigned to them, respectively, in section 2 of the Act of 1992;

“passenger ship” means a ship carrying more than 12 passengers.

Nautical publications.

34. —(1) The Minister may make regulations specifying such charts, nautical directions or information or other nautical publications as appear to him or her to be necessary or expedient for the safe operation of vessels and such regulations may require—

(a) Irish ships, or such class or description of such ships as is specified in the regulations, to carry either at all times or on such voyages as is so specified,

(b) vessels which are not Irish ships, or such class or description of such vessels as is so specified, to carry at any time while they are in Irish waters or such of those waters as is so specified,

either a copy of all, or a copy of such as are so specified, of the charts, nautical directions or information or other nautical publications so specified.

(2) If a vessel goes or attempts to go out to sea or into other Irish waters without carrying one copy of any chart, nautical directions or information or other nautical publication which it is by regulations under this section required to carry, the master and the owner of the vessel are each guilty of an offence and liable on summary conviction to a fine not exceeding €5,000.

(3) The Merchant Shipping (Carriage of Nautical Publications) Regulations 1985 (S.I. No. 282 of 1985) if in operation on the commencement of this Act continue in force as if made under this section.

(4) In this section “copy” includes a copy in electronic form which is capable of being read in legible form by the person in command or in charge on board the vessel concerned at all times during the navigation or operation of the vessel.

Codes of practice for vessels.

35. —(1) For the purpose of providing practical guidance to persons in command or in charge of, manning or sailing on vessels with respect to—

(a) seamanship,

(b) the safe operation, the safety of their passengers and crews and the seaworthiness of vessels,

(c) the prevention of the abuse of alcohol and drugs and the safe use of alcohol on board vessels,

(d) the prevention of pollution or nuisance to other persons or interference with natural or archaeological heritage areas of importance, or

(e) the requirements or prohibitions by or under the Merchant Shipping Acts 1894 to 2005,

the Minister may, following consultation with such persons as he or she considers relevant, prepare and publish codes of practice for such persons.

(2) The Minister shall, before publishing a code of practice or any amendment to it, publish in such manner, as he or she considers appropriate, a draft of the code or the amendment. A person may, not later than one month or such further period allowed by the Minister being not later than 3 months, from the publication, make representations in writing to the Minister in relation to the draft. Having considered any representations and following such consultations with such persons as he or she considers relevant, the Minister may make the code of practice or the amendment with or without modification.

(3) Where the Minister publishes a code of practice or any amendment to a code of practice, he or she shall publish a notice of the publication in the Iris Oifigiúil and the notice shall—

(a) identify the code,

(b) specify the matters in relation to the matters referred to in subsection (1) in respect of which the code or the amendment is published, and

(c) specify the date on which the code or amendment comes into operation.

(4) The Minister may, following consultation with any person he or she considers relevant, amend or revoke any code of practice or any part of a code of practice.

(5) Where the Minister revokes a code of practice or any part of a code of practice, he or she shall publish a notice of the revocation in the Iris Oifigiúil.

(6) The Minister shall make available for public inspection, without charge on the Department's website on the internet and at the principal office of the Department and at such other places as the Minister considers appropriate, during normal working hours—

(a) a copy of each code of practice, and

(b) where a code of practice has been amended, a copy of the code as amended.

(7) It is the duty of persons in command or in charge of or manning vessels to be aware of and follow any code of practice relating to the vessel.

Use of codes of practice in criminal proceedings.

36. —(1) Where a code of practice has been published and there are any proceedings for an offence under the Merchant Shipping Acts 1894 to 2005 and—

(a) the code of practice appears to the court to give practical guidance to the safe operation, or any of the matters referred to in subsection (1) or the observance of the requirement or prohibition alleged to have been contravened, the code is admissible in evidence, or

(b) where it is shown that any act or omission of the defendant alleged to constitute the offence—

(i) is a failure to observe a code of practice, or

(ii) is a compliance with that code,

then such failure or compliance is admissible in evidence.

(2) A document published by the Department and purporting to be a code of practice or a part of a code of practice or any amendment to a code of practice is admissible as evidence in any proceedings referred to in subsection (1).

Non-interference with access to and from ports and harbours.

37. —(1) A vessel shall not, without lawful authority, impede or interfere with any other vessel lawfully entering or leaving, or attempting to enter or leave, a port or harbour (including any approaches to, and waters within the confines of, the port or harbour).

(2) A person in command or in charge of a vessel which contravenes subsection (1) is guilty of an offence and is liable—

(a) on summary conviction, to a fine not exceeding €5,000, or

(b) on conviction on indictment, to a fine not exceeding €250,000.

(3) The prohibition under subsection (1) in relation to a vessel does not apply to a vessel in distress or out of control due to being in distress.

Directions, etc., to have vessels moved in the interests of safety of life at sea and marine security, etc.

38. —(1) The Minister or an authorised person for the purposes of—

(a) securing the safety and security of vessels, persons on vessels or persons or property adjacent to Irish waters,

(b) securing the proper operation of a port or harbour (including access to and from it and movement within its confines by vessels),

(c) securing safe navigable routes, or

(d) providing for the protection of a natural heritage area (within the meaning of Part 2) or a monument or wreck protected under the National Monuments Acts 1930 to 2004,

may give directions, in accordance with subsection (3), to the owner or master of a vessel or a person who reasonably appears to him or her, to be in charge of the vessel, in Irish waters.

(2) If, in the opinion of the Minister or an authorised person, a direction under subsection (1) is not being complied with, the Minister or an authorised person, may take such action and do such things, in accordance with subsection (3), in relation to the vessel concerned or the stores, equipment or cargo of the vessel as appear, having regard to all the circumstances, to be necessary and reasonable for the purposes of enforcing subsection (1).

(3) A direction given, or action taken, under this section may include all or any of the following—

(a) the movement of a vessel in, out of, or beyond, the limits of Irish waters or to a specified place in such manner as may be specified,

(b) the restraint or control of a vessel or its movements and the attendance on the vessel of such tug-boats or other vessels as may be specified,

(c) the boarding of the vessel for the purposes of giving advice or assistance in relation to the movement, restraint or control of a vessel, or to assess any damage to the vessel which may prevent the carrying out of the movement, restraint or control of the vessel, and to take any measures deemed necessary to repair such damage,

(d) the temporary prevention or restriction on the navigation of a vessel within specified areas for the purposes of allowing any directions or actions under this section to be carried out safely, or

(e) the unloading of the stores, equipment, cargo or any other substance on a vessel, and the specification of the type or class of vessel by which any such operation of unloading is to be carried out.

(4) The Minister or an authorised person in the exercise of his or her powers under this section shall not unduly detain a vessel from proceeding on her voyage.

(5) The owner of a vessel is liable to pay to the Minister the expenses of the Minister or incidental to any action taken by the Minister or an authorised person under this section. Any such expenses may be recovered by the Minister, in a court of competent jurisdiction, as a debt due and payable to the Minister.

(6) A person who, without reasonable excuse—

(a) contravenes or fails to comply with a direction under this section, or

(b) obstructs a person who is complying with such a direction or an authorised person carrying out any action or doing anything under this section,

is guilty of an offence and is liable—

(i) on summary conviction, to a fine not exceeding €5,000, or

(ii) on conviction on indictment, to a fine not exceeding €250,000.

(7) Where any expenses due under subsection (5) or a fine imposed on the owner or master of a vessel under subsection (6) is or are not duly paid the court may, without prejudice to any other powers for enforcing payment, direct that any amount of the expenses or fine remaining unpaid be levied by the distress and sale of such property, comprising the vessel, her equipment and stores, as the court thinks necessary.

(8) The Minister or an authorised person, or a person acting under the direction of the Minister or an authorised person, is not liable in any proceedings for any action taken in accordance with subsection (3) if the court is satisfied that the action was done in good faith and there were reasonable grounds for doing it.

Authorised persons.

39. —(1) The Minister may appoint in writing such persons or persons of such classes as he or she sees fit to be authorised persons for the purposes or specified purposes of this Part.

(2) An authorised person or a member of the Garda Síochána may be assisted in the exercise of his or her functions under this Part by such persons as he or she considers necessary.

(3) An authorised person (other than an officer of the Permanent Defence Forces holding commissioned naval rank) shall be furnished with a warrant of his or her appointment as an authorised person and when exercising any power conferred on him or her by this section as an authorised person, shall, unless in uniform, if requested by a person affected, produce the warrant or a copy of it to that person.

(4) A person who obstructs a member of the Garda Síochána or an authorised person in the exercise of his or her powers under this Part is guilty of an offence and is liable on summary conviction to a fine not exceeding €5,000 or to imprisonment for a term not exceeding 3 months or both.

Power to stop, board and inspect vessels, etc.

40. —(1) An authorised person or a member of the Garda Síochána for the purpose of enforcing this Part may stop, board and inspect a vessel in or on Irish waters or on land, within the State, adjacent to those waters.

(2) An authorised person or a member of the Garda Síochána may request of a person on a vessel stopped and boarded under subsection (1) and whom the authorised person or member suspects is committing or has committed an offence under this Part to give his or her name and address.

(3) A person who—

(a) without reasonable excuse, fails to stop a vessel when required under subsection (1) or allow its inspection, or

(b) refuses to give his or her name or address when requested under subsection (2) or gives a name or address which is false or misleading,

is guilty of an offence and is liable on summary conviction to a fine not exceeding—

(i) €1,000, in case of a first offence, and

(ii) €2,000, or imprisonment for a term not exceeding one month or both, in the case of a second or subsequent offence.

Power of arrest.

41. —(1) A member of the Garda Síochána or an authorised person being an officer of the Permanent Defence Forces holding commissioned naval rank who reasonably suspects that a person is committing or has committed an offence under this Part may arrest without warrant the person.

(2) (a) The person in command or in charge of a vessel or a person authorised by him or her or the owner of the vessel who reasonably suspects that a person is committing or has committed an offence under section 30 , 31, 32 or 33 may arrest without warrant the person.

(b) A person authorised under this subsection is not entitled to exercise the power referred to unless he or she is in uniform and has received (whether before or after the commencement of this section) training and instruction which in the opinion of the person or if he or she is authorised by another, the person authorising him or her, after consultation with the Garda Síochána, is such as will provide guidance to him or her in the exercise of that power.

(3) Where an authorised person referred to in subsection (1) or a person referred to in subsection (2) arrests a person under that subsection he or she shall, as soon as practicable, deliver the person into the custody of a member of the Garda Síochána to be dealt with according to law. The arrest of the person does not prejudice his or her re-arrest under statute or otherwise by a member of the Garda Síochána.

Suspension or cancellation of certificate of competency of master, etc., of ship in certain circumstances.

42. —(1) On conviction of a person under this Part, the court may at its discretion, in addition to any other penalty to which any such person may be liable, suspend or cancel a certificate of competency held by the person and require the holder to surrender the certificate to the Minister.

(2) Where a certificate of competency has been suspended or cancelled under subsection (1), the court may, upon application to it, if it thinks the circumstances so warrant, direct the Minister to re-issue and return the certificate suspended or cancelled or it may reduce the period of suspension.

(3) Any certificate of competency suspended or cancelled under this section shall be delivered to the Minister as soon as practicable after it is suspended or cancelled.

(4) A person who fails to comply with subsection (3) is guilty of an offence and is liable on summary conviction to a fine not exceeding €500.

(5) In this section “certificate of competency” means a valid certificate of competency issued by the Minister under section 3 of the Merchant Shipping (Certification of Seamen) Act 1979 .

Prosecution of summary offences.

43. —Proceedings for an offence under this Part may be prosecuted summarily by the Minister.

Recovery of costs of Minister.

44. —Any costs of the Minister incurred in or in connection with the prosecution of a person for an offence under this Part 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.

Non-application of Part 3 to warships, etc.

45. —A prohibition or requirement under this Part in relation to a vessel or a person on board and sections 21, 40 and 41 do not apply to—

(a) a warship, naval auxiliary or other vessel in the service of the Defence Forces or the navy or military of another state, or

(b) a vessel being used for coast guard, customs or police or rescue purposes.

Definitions (Part 3).

46. —(1) In this Part—

“authorised person” means a person or class of persons appointed under section 39 (1) as an authorised person or authorised persons for the purposes of this Part;

“code of practice” means a code of practice prepared and published under section 35 ;

“Department” means Department of Communications, Marine and Natural Resources;

“Irish ship” has the meaning assigned to it by section 9 of the Mercantile Marine Act 1955 ;

“master” in relation to a ship, means the person being, for the time being, in command or in charge of the ship;

“operate” in relation to a vessel, means—

(a) doing anything which relates directly to the helming, steering, sailing or navigation of the vessel, or

(b) operating nautical equipment relating to the vessel's intended purpose or use at sea or in waters (including the opening or closing of any part of the vessel or raising or lowering any ramp or gangway to facilitate the boarding onto, or disembarkation from, the vessel of passengers or vehicles);

“owner” in relation to a vessel, means the person registered under the Mercantile Marine Act 1955 as her owner, or, if no person is so registered, the person who owns the vessel, and includes any partowner, charterer, hirer, manager or operator of the vessel;

“pleasure craft” has the meaning assigned to it by section 20 (as amended by section 47 ) of the Act of 1992;

“ship” includes any description of vessel used in navigation not propelled by oars;

“vessel” includes any ship or boat and any other vessel used in navigation and personal watercraft and recreational craft;

“unseaworthy” in relation to a vessel, means she—

(a) being unfit to go out to sea or into waters, by reason of—

(i) the condition of the vessel's hull, rigging, equipment or machinery, or

(ii) undermanning or overloading or improper loading, or

(b) does not comply with regulations made under the Merchant Shipping Acts 1894 to 2005 relating to the safety of the vessel and persons on board (and in particular in relation to standards of seaworthiness, construction and maintenance and life-saving, fire-fighting, radio and navigation equipment).

(2) In this Part (other than sections 23 and 24) a reference to a ship or vessel in Irish waters which is to a ship or vessel registered outside the State is a reference to the ship or vessel while in a port, harbour or other place in the State or within the territorial seas of the State while proceeding to or from any such port, harbour or place.