Chapter 1 Legislation...fast power craft is required to take all reasonable steps to ensure that...

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Chapter 1Legislation

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1.1 Statutory requirementsfor recreational craftPart A of the Code identifies andexplains the legislation that applies torecreational craft operating within Irishwaters and with which owners andoperators of such craft must comply.Statutory requirements arise from Irishmaritime legislation, European UnionDirectives and the State’s obligationsunder various international maritimeconventions adopted by theInternational Maritime Organization(IMO) and other international maritimebodies.

Legislation comprises primarylegislation such as the MerchantShipping Acts 1894 to 2015 andassociated secondary legislation inthe form of Statutory Instruments(Merchant Shipping Rules andRegulations). National legislationrelating to the maritime sector isavailable on the Irish MaritimeAdministration (IMA) webpage atwww.dttas.ie and in the Irish StatuteBook at www.irishstatutebook.ie.

While much of the national maritimelegislation is primarily directed atcommercial shipping, there are certainparts of it that apply to recreationalcraft and these are set out in Table A.

1.1.1 Marine Notices

Attention is drawn to Marine Noticesthat are published by the IMAthroughout the year. Marine Notices

are information notices issued topublicise important safety, regulatoryand other information relating to themaritime sector in Ireland. They areorganised into three categories asfollows:

Statutory – to draw attention to aregulation or other legalrequirement;

Information – to give informationon non-statutory topics such assafety alerts, Marine Survey Officeprocedures and examinations,publications and product recalls;

Works – to advise of construction,works or surveys at sea that affectnavigation.

Marine Notices are available on theDepartment of Transport, Tourismand Sport webpage at www.dttas.ie.If you wish to be added to the emailcirculation list for new IMA MarineNotices, please send a request [email protected].

The Commissioners of Irish Lights,Waterways Ireland, harbour andlocal authorities also issue marinenotices from time to time for watersunder their jurisdiction. For example,the Waterways Ireland SpecialMarine Notice Number 1 of eachyear deals with a range of inlandnavigation matters.


http://www.dttas.ie

http://www.irishstatutebook.ie

http://www.dttas.ie

mailto:[email protected]

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1

Legislation

All

Recreational

Craft

Recreational

Craft >12 m

Recreational

Craft >15

NRT

Recreational

Craft >13.7 m

Merchant Shipping(Collision Regulations)(Ships and Water Crafton the Water) Order2012 (S.I. No. 507 of2012)

✓

SOLAS Chapter V –safety of navigation

✓

MARPOL Annex I and V– prevention of pollutionfrom ships

✓

Pleasure Craft (PersonalFlotation Devices andOperation) (Safety)Regulations 2005, asamended (S.I. No. 921of 2005 as amended byS.I. No. 349 of 2012)

✓

Recreational andpersonal watercraftDirective 2013/53/EUand European Union(Recreational Craft andPersonal Watercraft)Regulations 2017 (S.I.No. 65 of 2017)

✓

Merchant Shipping(Investigation ofMarine Casualties) Act2000 (No. 14 of 2000)– Marine CasualtyInvestigation Board

✓

Table A – Legislation that applies to recreational craft


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Legislation

All

Recreational

Craft

Recreational

Craft >12 m

Recreational

Craft >15

NRT

Recreational

Craft >13.7 m

Harbours Acts 1996 to2015 and FisheryHarbour Centres Act1968, as amended

✓

Signals of Distress(Ships) Rules 2012 (S.I.No. 170 of 2012)

✓

Maritime Safety Act2005 (No. 11 of 2005),as amended

✓

Merchant Shipping(Carriage of NauticalPublications)Regulations 1985 (S.I.No. 282 of 1985)

✓ ✓ ✓

Mercantile Marine Act1955 (No. 29 of 1955),as amended

✓ ✓

Merchant Shipping(Life SavingAppliances) Rules1983 and 1993

✓

Merchant Shipping(Fire Appliances) Rules1967, 1983 and 1985

✓

Table A – Legislation that applies to recreational craft – continued

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1.2 Legislation applicable toall recreational craft

1.2.1 Collision Regulations

Applicable Legislation:■ Merchant Shipping (Collision

Regulations) (Ships and WaterCraft on the Water) Order 2012,S.I. No. 507 of 2012

■ Signals of Distress (Ships) Rules2012, S.I. No. 170 of 2012.

All recreational craft must complywith the International regulations forpreventing collisions at sea.

All owners, skippers or persons incharge of a recreational craft shouldbe fully familiar with the collisionregulations. Some of the mainrequirements are included inAppendix 1.

1.2.2 SOLAS Chapter V –safety of navigationOn 1 July 2002, a number of newregulations in Chapter V of theInternational Convention for theSafety of Life at Sea (SOLAS) cameinto force which directly affectrecreational craft.

While most of the SOLASConvention only applies to largecommercial ships, parts of Chapter Vdealing with safety of navigationapply to all recreational craft. MarineNotice No. 9 of 2003 explains theimplications of the legislation, whichis summarised as follows:■ It is a requirement that any voyage

is properly planned prior to beingundertaken. See Appendix 8 foran example of a PassagePlanning Template.

■ Recreational craft must as far aspracticable be fitted with a radarreflector (i.e. if it can reasonablybe fitted, it should be fitted withone).

■ An illustrated table of lifesavingsignals must be carried on boardwhere possible. A copy is includedin the Marine Notice and inAppendix 1.

■ There is an obligation on theskipper of a recreational craft toreport any dangers to navigationand respond to distressmessages. This can be done bycontacting the Irish Coast Guardat 112 or 999 and reportingdirectly to them.

■ It is a requirement that distresssignals are not misused.

1.2.3 The InternationalConvention for the preventionof pollution from ships(MARPOL)

1.2.3.1 Prevention of pollution by

garbage from ships – Annex V of

MARPOL

All recreational craft must complywith the following requirements inrelation to the disposal of garbage:(a) It is prohibited to dispose into the

sea any items of plastic includingplastic garbage bags, wrappings,synthetic rope, etc.

(b) The disposal into the sea of the

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n following garbage must be madeas far away as practicable fromthe nearest land but is in anycase prohibited if the distancefrom the nearest land is lessthan:(i) 25 nautical miles for

dunnage – lining andpacking materials that willfloat.

(ii) 12 nautical miles for foodwastes and all othergarbage including paperproducts, rags, glass, metal,bottles, crockery and similarrefuse.

Additionally, recreational craft of 12

metres or more in length overall

must display placards which notifythe crew of the requirementsconcerning the disposal of garbage.

1.2.3.2 Prevention of pollution by

oil from ships – Annex I of

MARPOL

Recreational craft are required to beequipped as far as practicable andreasonable with installations toensure the storage of oil or oilymixtures on board. Their dischargeinto the sea is prohibited unless thecraft is proceeding en route and theoil content of the effluent withoutdilution does not exceed 15 parts permillion.

1.2.4 Wearing of PersonalFlotation Devices/LifejacketsThe term “personal flotation device”(PFD) covers all forms of lifejackets

and buoyancy aids which, whencorrectly worn and used in water, willprovide buoyancy and increase thelikelihood of survival. Buoyancy aidclothing ensures a degree ofbuoyancy and support in the waterwhile enabling the user to swim ortake action to escape from danger.

A lifejacket is designed to preventdrowning and must be capable ofreturning the user to the surface asquickly as possible and of keepingthe person afloat, permittingbreathing while waiting for help.

Legislative Requirements■ Pleasure Craft (Personal Flotation

Devices and Operation) (Safety)Regulations 2005 (S.I. No. 921 of2005), as amended by thePleasure Craft (Personal FlotationDevices and Operation) (Safety)(Amendment) Regulations 2012(S.I. No. 349 of 2012).

These Regulations do not apply to“Olympic style” rowing boats. Theseare described in the Regulations ascraft designed and specifically usedfor rowing in boat races and capableof being entered into regattas orother events recognised by the IrishAmateur Rowing Union, and alsoevents held in the Olympic Games orother international rowing regattas.

1.2.4.1 Lifejacket regulations on

recreational craft other than

personal watercraft (PWC)

The following provisions apply to all

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recreational craft:■ All persons on board any craft of

less than 7 m in length must weara personal flotation device (PFD)or a lifejacket while on board anopen craft or while on the deck ofa decked craft, other than whenthe craft is made fast to the shore.

■ The master or owner of any craft isrequired to ensure that either aPFD or a lifejacket is carried onthe craft for each person on board.

■ The master or owner of a craft isrequired to take all reasonablesteps to ensure that all personsunder the age of 16 years wear aPFD/lifejacket while on board anopen craft or while on the deck ofa decked craft.

■ The term “open craft” refers to acraft without a cabin or below deckfacilities for persons on board andwhere any seating is exposed orpartially exposed to the elements.

■ The master or owner of a craft isrequired to take all reasonablesteps to ensure that a personwears a suitable PFD/lifejacket atall times while:(a) being towed by the craft, or(b) on board a vessel or object of

any kind that is being towed bythe craft.

The PFD/lifejacket requirementsunder the Regulations do not applyto a person on board a craft which isnot underway and is made fast to theshore or at anchor, and when theperson:

(a) is wearing, putting on or taking

off scuba diving equipment or(b) is about to engage in, or has

just completed swimming(including snorkelling) from thecraft.

1.2.4.2 Lifejacket regulations on

personal watercraft (PWC), e.g. Jet

Skis■ Every person on a PWC is

required to wear a PFD/lifejacketat all times while on board or beingtowed in any manner by a PWC.

■ The master or owner of a PWC isrequired to take all reasonablesteps to ensure that a personunder the age of 16 yearscomplies with the requirement towear a PFD/lifejacket while onboard or being towed by a PWC.

1.2.4.3 Lifejacket regulations for

Waterskiing, Wake Boarding,

Paragliding and other towed rides

The Pleasure Craft (PersonalFlotation Devices and Operation)(Safety) Regulations 2005 (S.I. No.921 of 2005), as amended, apply asfollows to waterskiing, wakeboarding, paragliding and othertowed rides:■ All persons while being towed by a

pleasure craft or on board anyvessel or object of any kind beingtowed by a craft must wear apersonal flotation device orlifejacket. The responsibility forcompliance with this requirementlies with the master or owner of thetowing craft.

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n ■ Persons partaking in towed ridesmust not consume alcohol ordrugs.

More information on PFD/lifejacketsis set out in Appendix 5.

1.2.5 Operation of recreationalcraft – minimum age levels■ The master or owner of a PWC or

fast power craft is required to takeall reasonable steps to ensure thatpersons under the age of 16 yearsdo not operate or control the craft.The term “fast power craft” meansa craft that can attain a speedthrough or over water of 17 knotsor more.

■ The master or owner of a craftwith an engine rating of more than5 hp (3.7 kW) is required to takeall reasonable steps to ensure thata person under the age of 12years does not operate or controlthe craft.

1.2.6 Controls on alcohol anddrugs■ The master or owner of a pleasure

craft must not operate or control orallow another person to operate orcontrol the craft while under theinfluence of alcohol or drugs orany combination of drugs or ofdrugs and alcohol.

■ Any person on board a pleasurecraft must not consume alcohol ordrugs or any combination of drugsor of drugs and alcohol incircumstances that could affect

the safety of persons on board orothers using Irish waters, or createa disturbance on board the craft orbe a nuisance to others using Irishwaters.

■ Any person being towed or onboard a vessel or object of anykind that is being towed by apleasure craft shall not consumealcohol or drugs or anycombination of drugs or drugs andalcohol.

Violation of any of the provisions ofthe Pleasure Craft (PersonalFlotation Devices and Operation)(Safety) Regulations 2005 mayresult in a fixed payment notice for€150 issued by an AuthorisedOfficer, or prosecution in the DistrictCourt and, on summary conviction, afine of up to €5,000.

Authorised Officers include membersof the Garda Síochána, NavalService, Harbour Masters andmembers of the Irish MaritimeAdministration who are authorisedby the Minister.

The Maritime Safety Act 2005 (No.11 of 2005), as amended, alsocontains prohibitions on operating avessel in Irish waters while under theinfluence of alcohol or drugs (seesection 1.7 of this Code).

1.2.7 Marine EquipmentDirectiveDirective 2014/90/EU sets the

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performance and testing standardsfor marine safety equipment.Equipment complying with theMarine Equipment Directive ismarked with a distinctive ships wheelmark.

The Directive has been given effectin Irish law through the EuropeanUnion (Marine Equipment)Regulations 2017 (S.I. No. 177 of2017).

When purchasing marine equipmentother than PFDs, ensure it alwayscarries the approval wheel markshown below as required bylegislation.

1.2.8 Directive 2013/53/EU onrecreational craft and personalwatercraft

Summary of Directive

Directive 2013/53/EU updateslegislative requirements in Irelanddating from June 1998 for the designand construction of leisure boats andpersonal watercraft between 2.5metres and 24 metres in length,

such as sailing craft, motorboats andjet skis. It also lays down particularrequirements for manufacturers,importers, private importers anddistributors of watercraft. Thefollowing watercraft products comewithin the scope of the Directive:

■ Recreational craft of hull lengthfrom 2.5 metres to 24 metres;

■ Personal watercraft of less than 4metres in hull length;

■ Partly completed watercraft, beingeither a recreational craft orpersonal watercraft;

■ Components, listed in Annex II ofthe Directive, when placedseparately on the EU market;

■ Propulsion engines installed orintended to be installed on or inwatercraft;

■ Propulsion engines installed orspecifically intended forinstallation in or on watercraft, orsubject to major enginemodification;

■ Watercraft subject to major craftconversion.

Under Directive 2013/53/EU, anywatercraft falling under its scope(whether new or second-hand) thatis placed on the EU market for thefirst time must comply with theessential requirements as set out inthe Annexes to the Directive. Thisguarantees their suitability for sale oruse in the EU. The essentialrequirements cover technical, safetyand environmental specifications.

In the case of aPFD, ensure italways carries theapproval CE markshown opposite.

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Marine Equipment Directive approval Wheelmark


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Directive 94/25/EC, amended byDirective 2003/44/EC, continues toapply to recreational craft, personalwatercraft, components orpropulsion engines placed on the EUmarket for the first time before 18January 2017.

Exempted watercraft

Directive 2013/53/EU does not applyto some watercraft productsintended for sports and leisurepurposes as listed in Article 2.2 ofthe Directive. However, particularproducts are required to be labelledas specified in the Directive. Withregard to the design andconstruction requirements, specifiedin Part A of Annex 1, the Directivedoes not apply to the followingproducts:■ Watercraft intended solely for

racing, including rowing racingboats and training rowing boatslabelled as such by themanufacturer.

■ Canoes and kayaks designed tobe propelled solely by humanpower, gondolas and pedalos.

■ Surfboards designed solely to bepropelled by wind and to beoperated by a person or personsstanding.

■ Surfboards.■ Original historical watercraft and

individual replicas thereofdesigned before 1950, builtpredominately with originalmaterials and labelled as such bythe manufacturer.

■ Experimental watercraft, providedthat the watercraft is not placed onthe Union market.

■ Watercraft built for own use,provided that they are notsubsequently placed on the Unionmarket during a period of fiveyears from the putting into serviceof the watercraft.

■ Watercraft specifically intended tobe crewed and to carrypassengers for commercialpurposes.

■ Submersibles, air cushionvehicles, and hydrofoils.

■ Amphibious vehicles, i.e. wheeledor track-laying motor vehicles,which are able to operate both onwater and on solid land.

■ External combustion steampowered watercraft, fuelled bycoal, coke, wood, oil or gas.

Certain exemptions with regard toexhaust and noise emissionrequirements also apply as set out inthe Directive.

Design categories for watercraft

coming within the scope of the

Directive

The Directive specifies designcategories (A, B, C and D) forwatercraft based on suitability fornavigation conditions such asranges of wind force and significantwave height. Further information onthese design categories can befound in Part A of Annex 1 to theDirective, and they are summarisedas follows:

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■ Category A

Recreational craft designed forwinds that may exceed wind force 8(Beaufort scale) and significant waveheight of 4 m and above butexcluding abnormal conditions, suchas storm, violent storm, hurricane,tornado and extreme sea conditionsor rogue waves.

■ Category B

Recreational craft designed for awind force up to and including 8, andsignificant wave height up to andincluding 4 m.

■ Category C

Watercraft designed for a wind forceup to and including 6, and significantwave height up to and including 2 m.

■ Category D

Watercraft designed for a wind forceup to and including 4, and significantwave height up to and including 0.3m, with occasional waves of 0.5 mmaximum height.

CE marking and essential

requirements

All watercraft, components andpropulsion engines are subject to CEmarking, indicating that a productcomplies with the Directive. In thecase of a watercraft, CE markingmust be affixed to the WatercraftBuilder’s Plate, mounted separatelyfrom the craft’s identification number,and in the case of a propulsionengine, directly on the engine. In thecase of a component, where it is not

possible to affix the CE mark to theproduct, it shall be affixed to thepackaging and to the accompanyingdocumentation.

In summary, the CE marking mustbe affixed to:■ all newly manufactured watercraft,

components and propulsionengines, whether manufactured inthe Member States or in thirdcountries;

■ all used and second-handproducts when imported from thirdcountries and placed on the EUmarket for the first time;

■ modified products that, as new,are subject to this Directive andwhich have been modified in away that could affect the safety orthe compliance of the product withthe EU legislation.

Other essential requirements in theDirective include:■ an identification number for each

watercraft and a requirement tocarry the craft’s builder’s plate;

■ the need for watercraft to bedesigned to minimise the risk offalling overboard and to allow foreasy re-boarding;

■ good all-round visibility for theoperator, under normal conditions;

■ a written manual in a languageeasily understood by the end-user,to accompany all watercraft toensure their safe use;

■ sufficient structure, stability andbuoyancy in accordance with itsdesign category;

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n ■ an emergency stopping device forall tiller-controlled outboardpropulsion engines;

■ stricter limits for nitrogen oxide,hydrocarbons, and particulatematters for new propulsion enginesfor watercraft;

■ mandatory installation of holdingtanks to recreational craft fittedwith toilets, in order to contribute tomarine environmental protection;

■ requirements for engines andengine compartments.

Transition period

Manufacturers must comply with theDirective’s requirements from 18January 2017, while small andmedium-sized enterprises thatmanufacture some smaller outboardspark-ignition propulsion engineshave until 18 January 2020 tocomply.

The provisions of the Directive aregiven effect in Irish law by theEuropean Union (Recreational Craftand Personal Watercraft)Regulations 2017 (S.I. No. 65 of2017) as amended by S.I. No. 217 of2017. Attention is also drawn toMarine Notice No. 33 of 2015,Marine Notice No. 10 of 2017 andMarine Notice No. 23 of 2017 whichprovide further information regardingthe requirements of the Directive andS.I. No. 65 of 2017, as amended.

The European Union (Recreational

Craft and Personal Watercraft)(Procedures for WatercraftIdentification) Regulations 2017 (S.I.No. 217 of 2017) amended the ruleson the assignment andadministration of the Unique Code ofthe Manufacturer (UCM) andappointed the Marine Survey Officeas the competent authority forassigning the UCM.

See Appendix 7 for advice onpurchasing products that fall withinthe scope of the recreational craftand personal watercraft Directive2013/53/EU.

CE Plate for Category ‘C’ boat

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1.2.9 Marine Casualty

Investigation Board

The Marine Casualty InvestigationBoard (MCIB) was established on 5June 2002 under section 7(1) of theMerchant Shipping (Investigation ofMarine Casualties) Act 2000 (No.14 of 2000). Under the provisionsof the Act, it is the responsibility ofall owners, operators and skippersto advise the Board of the MCIB(see Appendix 10 for contactdetails) of any incident whichqualifies as a marine casualty assoon as is practical after it occurs.Where it is considered that anincident warrants it, an investigationwill be instigated by the MCIB, andan Accident Investigator appointed.

The European Communities(Merchant Shipping) (Investigationof Accidents) Regulations 2011 (S.I.No. 276 of 2011) set out theregulatory framework governing theinvestigation of accidents in themaritime transport sector. Thepurpose of the Regulations is toimprove maritime safety and theprevention of pollution by ships,and so reduce the risk of futuremarine casualties. The Regulationsdesignate the MCIB as thepermanent investigative body inIreland to investigate marinecasualties and accidents. Seewww.mcib.ie for further information.

1.2.10 Harbours Acts –

Powers of Harbour Masters

Harbours Acts 1996 to 2015 andFishery Harbour Centres Acts 1968to 2015.

Under these Acts, Harbour Mastershave the power to create bye-lawswithin the limits of their port areas.While the majority of shippingwithin such ports is of a commercialnature, recreational craft arerequired to comply with anyrelevant bye-laws, in particularthose in relation to:■ Safety of navigation■ Speed limits■ Operating within channels■ Buoyage■ Mooring and berthing.

Details of bye-laws are availablefrom the Harbour Masters Officeand should be checked prior tousing the port area.

1.2.11 Radiocommunications

It is recommended that allrecreational craft carry at least onemeans of approved marineradiocommunications equipment inorder to enable the initiation of adistress alert in the event of anemergency. See Appendix 2 forGuidance notes onRadiocommunications.

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n If marine radiocommunicationequipment is voluntarily fitted orcarried on any type of recreationalcraft, the vessel must be licensed inaccordance with the WirelessTelegraphy Act 1926, as amended.Licences are issued under theWireless Telegraphy (Ship StationRadio Licence) Regulations 2006(S.I. No. 414 of 2006). Theresponsibility for the licensing ofradio communications equipmenton Irish ships and the issuing ofassociated Certificates ofCompetency rests with the MarineSurvey Office (MSO) of theDepartment of Transport, Tourismand Sport.

The basic requirements to obtain aShip Station Radio Licence are asfollows:

(a) The radio equipment must betype approved in accordancewith either the MarineEquipment Directive(2014/90/EU) or the RadioEquipment Directive(2014/53/EU). Cautionshould be taken whenpurchasing marine radioequipment as non-approvedequipment may not belicensed. This is particularlyrelevant for equipmentpurchased outside theEuropean Union.

(b) The personnel operating theradio equipment must holdan appropriate RadioOperator’s qualification.

The licence document will contain aunique Radio Call Sign for the craftand a Maritime Mobile ServiceIdentity (MMSI) number ifapplicable.

1.2.11.1 Emergency Position

Indicating Radio Beacons and

Personal Locator Beacons

Emergency Position Indicating

Radio Beacons (EPIRBs)

A 406 MHz EPIRB is a radiotransmitter that can be activated inan emergency situation to raise adistress alert.

When an EPIRB is activated, ittransmits a signal that is detectedby the Cospas-Sarsat satellitesystem. As the satellites orbit theearth, they "listen" for any activatedbeacons. They retransmit thebeacon signals to ground stations,which compute the beacon positionand report the distress alert tosearch and rescue authorities.

The majority of beacon models alsotransmit a lower powered homingsignal on 121.5 MHz as a referencefor local search teams. Some olderEPIRB models are only capable oftransmitting a legacy analoguesignal on 121.5 MHz or 243 MHz.The Cospas-Sarsat global satellitesystem NO LONGER MONITORSthose frequencies. These beaconsshould be replaced with a modern406 MHz EPIRB.

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Although the Cospas-SarsatSystem is designed toindependently locate activatedEPIRBs with good accuracy, newerbeacons are available with anintegrated receiver chip for thebeacon to determine its ownlocation using signals from globalnavigation satellite systems such asGPS. If the integrated receiver chipis able to calculate a location for thebeacon, that location is reported inthe distress message transmittedfrom the beacon. GPS-equippedbeacons provide helpful redundancyin determining the beacon locationand in certain circumstances canreduce the time needed for Cospas-Sarsat to locate the beacon. Inorder to ensure the greatest degreeof positional accuracy in the eventof a GPS EPIRB activation, GPSEPIRBs must be programmed withStandard Location Protocol with theMaritime Mobile Service Identity(MMSI) number of the vessel. NonGPS enabled EPIRBs may beprogrammed with the vessel’sCallsign.

All EPIRBs must be tested

regularly as per manufacturers

instructions. Care should also be

taken to ensure that the EPIRB

battery is in date.

All EPIRBs must be correctly

programmed and registered with

the MSO. Any changes to the

vessel’s registered details must

be immediately notified to the

MSO. Search and rescue (SAR)authorities rely on the EPIRBregister in the event of an EPIRBactivation. Correct programmingand registration is essential toensure that the SAR authoritieshave accurate, reliable and up todate information about a vessel andits contacts in the event of anemergency. It also allows anyinadvertent false alerts to be quicklyresolved without the unnecessarydeployment of search and rescueresources.

Personal Locator Beacons (PLBs)

PLBs work on the same principle asEPIRBs. When correctly activated inan emergency situation, a PLBtransmits a 406 MHz signal which isdetected by the Cospas-Sarsatsatellite system. The distress alert isthen reported to search and rescueauthorities.

■ PLBs are designed to be carriedby an individual.

■ EPIRBs can be manuallyactivated or automaticallyactivated on contact with water.

■ PLBs can only be manually

activated. ■ EPIRBs are designed to transmit

while floating. ■ PLBs MUST be held clear out

of the water for transmission. ■ The environmental survivability of

EPIRBs is greater than that ofPLBs.

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n In view of the above, a PLB is notconsidered to be a substitute for anEPIRB. However, the wearing of aPLB by seafarers, particularly thoseboating alone, is recommended.

All PLBs must be correctly

registered with the Commission forCommunications Regulation(ComReg). Correct registration ofPLBs is essential to ensure that theSAR authorities have accurate,reliable and up to date informationand contacts in the event of anemergency.

ComReg maintains an onlineregistration facility for PLB devicesin Ireland. PLB owners shouldregister their PLB athttps://www.comreg.ie/industry/licensing/personal-locator-beacons/.Any queries relating to PLBregistration may be addressed to:

The Commission forCommunications Regulation 1 Dockland CentralGuild StreetDublin 1 D01 E4X0.Website: www.comreg.ie Email: [email protected]: (01) 804 9600 (Industry)

(01) 804 9668 (Consumer)

It is recommended that PLBscarried on Irish vessels be the 406MHz satellite type and be providedwith a 121.5 MHz homing device. It

is also recommended that PLBshave an integrated GPS receiver.This is to enable greater positionaccuracy, hence a quickerresponse time in the event ofactivation. PLBs should be typeapproved by Cospas-Sarsat andcertified in accordance with theRadio Equipment Directive(2014/53/EU) and the EuropeanStandard ETSI EN 302 152. Note: Compliance with Directive2014/53/EU is indicated by a “CEMark of Conformity”.

1.3 Legislation applicableto recreational craft greaterthan 12 metres in length

1.3.1 Nautical publications

Applicable Legislation:■ Merchant Shipping (Carriage of

Nautical Publications)Regulations 1985, S.I. No. 282 of1985.

These regulations require that allrecreational craft greater than 12metres in length must carry:1. Corrected charts for vessels that

proceed to sea.2. For craft that proceed to sea

beyond a distance of 5 nauticalmiles from any coastline, onecopy of each of the followingpublications as is appropriate forthe voyage, carried on board ina readily accessible location:

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(1) International Code of Signals(2) Illustrated table of Life Saving

Signals (See Appendix 1)(3) Relevant and applicable

Marine Notices (MarineNotices are published on theDepartment of Transport,Tourism and Sport website)

(4) Mariners Handbook (5) Notices to Mariners, as

relevant, as issued by localPort Authority

(6) Nautical Almanac(7) Navigational Tables (8) Lists of Radio Signals (9) Lists of Lights

(10) Sailing Directions(11) Tide Tables(12) Tidal Stream Atlases(13) Operating and maintenance

instructions for navigationalaids carried by the ship.

1.4 Legislation applicableto recreational craft greaterthan 15 net registeredtonnes (NRT)

1.4.1 Registration of

recreational craft

Applicable legislation:■ Mercantile Marine Act 1955, as

amended.

“An Act to provide for the nationalcharacter, ownership and registry ofIrish ships, for the mortgage, sale,transfer and measurement oftonnage of such ships.”

Registration imparts nationality ona vessel and brings it within thelegal jurisdiction of the flag it flies.Therefore, Irish law binds an Irishflagged vessel even though it maybe travelling worldwide. A vessel’sregistration papers establish itsbone fides in a very similar manneras a national passport does for anindividual. Registration mayestablish criminal jurisdiction in theevent of an incident or accident ininternational waters.

A major advantage of registration isthe establishment of Title to thevessel, i.e. who actually owns it.This is essential if planning to takethe boat overseas. There are alsofinancial aspects to registration –lending institutions will only offermarine mortgages on registeredcraft, and mortgages on all suchcraft are recorded.

The 1955 Act does not discriminatebetween recreational andcommercial craft – all are regardedas ships (unless propelled by oars)for the purpose of registration. TheAct also defines those persons thatmay register a boat under the Irishflag as follows:■ Irish or EU Member State

nationals■ Irish or EU bodies corporate,

based within the EU■ The Government or Ministers of

the Government.

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n Under section 18(1) of the 1955 Actevery ship which is wholly owned byan Irish citizen or an Irish bodycorporate is required to beregistered under the Act unless theship is exempt under section 18(2).Exempt ships include those under15 net tons while navigating on therivers, canals, lakes or coasts ofIreland, Great Britain, the ChannelIslands and the Isle of Man. Shipsowned by Irish citizens not ordinarilyresident in the State are alsoexempt. However, under the Act,recreational craft greater than 15NRT owned by an Irish citizen or anIrish body corporate must beregistered in accordance with theterms of the Act.

If leisure craft are navigating abroadoutside the waters described aboveand are owned by an Irish citizenordinarily resident in the State, theyshould be registered on the nationalregister. Generally speaking, if aperson is usually resident in Ireland,the person should ensure that his orher yacht is registered on thenational register while operatingabroad in order to comply withnational statutory ship registrationrequirements.

As a general guide, many boatsgreater than 12 metres(approximately 40 ft) in length wouldlikely equate to the 15 NRT tonnagefigure. Should an owner require

advice on the likelihood that his/hercraft may qualify for registration, theMercantile Marine Office of the IMAcan advise. As outlined above,there is no current requirement forcraft less than 15 NRT or for vesselsowned by an Irish citizen who is notordinarily resident in the State to beregistered. However, should anowner wish to do so, these vesselsare entitled to be registered in orderto avail of benefits offered under theAct.

Further information on registrationprocedures, including survey andmeasurement, is available from theMercantile Marine Office of the IMAor from Revenue. The MMO iscontactable at (01) 678 3480 or [email protected].

1.4.2 Future registration

developments – Merchant

Shipping (Registration of

Ships) Act 2014

The Merchant Shipping(Registration of Ships) Act 2014 (No.43 of 2014) was enacted inDecember 2014. With the exceptionof section 69, the Act has not yetbeen commenced. The mainpurpose of the Act is to replace andupdate the Mercantile Marine Act1955, as amended, and provide abasis for the establishment andregulation of a modern andcomprehensive ship registrationsystem that will be more efficient,

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user friendly and accessible for shipowners. Among the changes andimprovements that will beintroduced under the Act are thefollowing:■ A new centralised, electronic and

accessible Irish Register of Shipsconsisting of different Parts for theregistration of different types ofships and for different registrationpurposes;

■ An extension of mandatory shipregistration to additional shipcategories including fishing boatsless than 15 metres in lengthoverall, personal watercraft suchas jet skis, small fast poweredcraft and some small commercialangling boats so that, subject to anumber of exemptions, shipsoperating domestically will berequired to be registered on theRegister or to have a current validregistration conferring nationalityfrom another country;

■ New registration categories,including visitor registration forcertain recreational craft visitingIreland for short periods notexceeding 3 months where suchvessels are not registered inanother country;

■ The introduction of shipregistration renewal and a facilityto refuse ship registration orremove ships from the Register.A ship registration will have to berenewed up to 5 years after initialregistration and at intervals of up

to 10 years thereafter;■ An improved enforcement and

penalty regime.

Regulations to be made under theAct will set out the detail of the newRegister structure and the differentregistration requirements for eachPart of the Register. Therequirements and conditions ofregistration for each Part of the newRegister, and the registration fees,will vary depending on the type,size, use, etc., of the vesselinvolved, with less onerousrequirements applying to smallernon-commercial recreationalvessels. It is envisaged that thePart of the Register for personalwatercraft and small fast poweredcraft will also accommodate thevoluntary registration of most othertypes of recreational craft less than24 metres in length if an ownerwishes to register such craft.

The new ship registration regimewill not come into operation untilthe necessary regulations aremade under the 2014 Act and thenew Irish Register of Ships andregistration system are establishedunder a separate IT project.Pending the establishment of thenew Irish Register of Ships, thecurrent arrangements under the1955 Act for the registration ofships by officers of the RevenueCommissioners will continue.

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n 1.5 Legislation applicableto recreational craft of 13.7metres in length andgreater

1.5.1 Lifesaving and Safety

Equipment

Applicable legislation:■ Merchant Shipping Life Saving

Appliances Rules.

Lifesaving appliances consist ofitems of lifesaving equipment suchas lifejackets, liferafts, flares,lifebuoys, EPIRBs, etc.

There are different Rules for craftconstructed before and after 1986,as follows:■ Merchant Shipping (Life Saving

Appliances) Rules 1983 (S.I. No.302 of 1983). These apply tocraft constructed before 1 July1986.

■ Merchant Shipping (Life SavingAppliances) Rules 1993 (S.I. No.380 of 1993). These apply tocraft constructed on or after1 July 1986.

■ Merchant Shipping (Life SavingAppliances) Rules 1983(Amendment) Rules 1993 (S.I.No. 381 of 1993).

■ Merchant Shipping (Life SavingAppliances) Rules 1983(Amendment) (No. 2) Rules 1993(S.I. No. 382 of 1993).

Under these Rules, recreationalcraft with a length of 13.7 m orgreater are classed as Class XII

vessels. The lifesaving appliancesrequirements applicable to ClassXII vessels under these Rules areset out in Table B. Therequirements differ depending onthe length and area of operation ofthe vessel.

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Lifesaving Equipment RecreationalCraft (1)*

13.7 – 21.3metres length

Restrictedoperations

RecreationalCraft (2)+

13.7 – 21.3metres length

Seagoing(post 1986)

Lifebuoys

Lifebuoy for each 2 persons carried onboard (Minimum of 2)

✓

One Lifebuoy fitted with self-activatingsmoke and light signal

✓

One Lifebuoy fitted with buoyant line (18 m) ✓ ✓

2 Lifebuoys, one fitted with smoke/lightsignal

✓

Lifejacket

Lifejacket for each person on board ✓

Lifejacket for each person on board withlight fitted

✓

Pyrotechnics

Six parachute flares or red star rockets ✓ ✓

Waterproof container for flares ✓ ✓

Rescue Signal Table ✓ ✓

Liferaft of sufficient capacity for all

persons on board✓

Launching instructions/posters for

liferaft on display✓

Training Manual for onboard safety

equipment✓

Maintenance instructions for safety

equipment✓

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Table B: Class XII boats – Mandatory Lifesaving Equipment


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n 1.5.1.1 Class XII recreational

craft constructed on or after

1 July 1986 of 13.7 metres in

length and greater but less than

21.3 metres in length

These craft are covered by theMerchant Shipping (Life SavingAppliances) Rules 1993 – S.I. No.380 of 1993.

Coastal areas are divided intoareas of “Smooth waters”, “Partiallysmooth waters” and “To Sea”. Thespecific areas are defined in aMarine Notice issued by the IMA,and are subject to periodic review.As of 2017, the relevant MarineNotices are No. 10 of 2003 and No.24 of 2004. These are available atwww.dttas.ie.

Craft in this size range comprisetwo categories based on the areaof operation and the time of theyear. Different lifesavingappliances apply to the twocategories, as follows:

Category (1)* craft that are

either:■ Engaged in voyages which do

not proceed to sea, or■ Which only proceed to sea

during the months of April to

October inclusive, on voyagesduring which the craft is never

more than three miles from thecoast.

Craft in this category are unlikely toproceed to sea and will alwaysoperate in smooth or partiallysmooth waters. If they do proceedto sea, it is during the period Aprilto October, and they must remainwithin three miles of the coastline.

Category (2)+ craft that are

engaged on either:■ A voyage to sea, in the course of

which the craft is more thanthree miles from the coast, or

■ A voyage to sea during themonths of November to Marchinclusive.

1.5.1.2 Class XII recreational craft

constructed on or after 1 July

1986 of 21.3 metres in length and

greater

These craft are covered by theMerchant Shipping (Life SavingAppliances) Rules 1993 – S.I. No.380 of 1993.

Craft greater than or equal to 21.3metres in length and regardless ofsea area operation must carry thelifesaving equipment set out in thefollowing Table C.

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Lifesaving Equipment RecreationalCraft 21.3 –25.9 metres

lengthRestrictedoperations

RecreationalCraft of 25.9

metres length

and greater

Lifebuoys

Lifebuoy for each 2 persons carried onboard (Minimum of 2)

✓

One Lifebuoy fitted with self-activatingsmoke and light signal

✓

One Lifebuoy fitted with buoyant line (18metres) ✓ ✓

2 Lifebuoys, one fitted with smoke/lightsignal ✓

Lifejacket

Lifejacket for each person on board ✓

Lifejacket for each person on board withlight fitted

✓

Pyrotechnics

Six parachute flares or red star rockets ✓ ✓

Waterproof container for flares ✓ ✓

Rescue Signal Table ✓ ✓

Liferaft of sufficient capacity for all

persons on board✓ ✓

Launching instructions/posters for

liferaft on display✓ ✓

Training Manual for onboard safety

equipment✓ ✓

Maintenance instructions for safety

equipment✓ ✓

Line throwing appliance ✓ ✓

Rescue boat and launching davit ✓

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Table C: Class XII boats – Mandatory Lifesaving Equipment


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n 1.5.1.3 Class XII recreational

craft constructed before 1 July

1986

Safety equipment requirements arebroadly similar to those outlined insections 1.5.1.1 and1.5.1.2. Specific details can beobtained from the IMA or byreading the Merchant Shipping (LifeSaving Appliances) Rules 1983(S.I. No. 302 of 1983).

1.5.1.4 Recreational craft less

than 13.7 metres in length

There are no statutory lifesavingappliance requirements forrecreational craft less than 13.7metres in length apart from thePleasure Craft (Personal FlotationDevices and Operation) (Safety)Regulations 2005, (S.I. No. 921 of2005), as amended. However, it isstrongly recommended that suchvessels carry at least a minimumstandard of life saving equipmentand guidance on this is given inPart B of this Code.

1.5.2 Fire Fighting Equipment

Applicable legislation:■ Merchant Shipping Fire

Appliances Rules.

The term “Fire Appliances” refers toitems of fire-fighting equipmentsuch as fire extinguishers, fire

blankets, fire hoses and pumps,etc.

While there are different sets ofRules which may apply to arecreational craft depending on itsdate of construction, the Rulesimpose similar requirements.

Relevant Legislation:- Merchant Shipping (Fire

Appliances) Rules 1967 (S.I.No. 101 of 1967) apply to craftbuilt before 25 May 1980

- Merchant Shipping (FireAppliances) (Post 1980 Ships)Rules 1983 (S.I. No. 303 of1983) apply to craft builtbetween 25 May 1980 and1 September 1984

- Merchant Shipping (FireAppliances) (Post 1980 Ships)(Amendment) Rules 1985 (S.I.No. 278 of 1985) apply to craftbuilt on or after 1 September1984.

- Merchant Shipping (FireProtection) Rules 1985 (S.I. No.279 of 1985) apply to craft builton or after 1 September 1984.

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Equipment ItemBoats

13.7 – 15

metres

in length

Boats15 – lessthan 21.34metres inlength andless than150 tonnes

Boats of21.34metresinlengthandgreater

Fire Extinguishers

2 fire extinguishers or fire buckets(one with lanyard)

✓ ✓

3 fire extinguishers or fire buckets(one with lanyard)

✓

2 fire extinguishers suitable for use onoil fires, for boats with internalcombustion engines fitted

✓ ✓ ✓

Fire Pumps/Hoses

Manual fire pump (hand operated) ✓ ✓

Dedicated fire pump sea suction ✓ ✓ ✓

Fire hose ✓ ✓

Fire hose nozzle (minimum diameter6 mm) with jet and water spray

✓ ✓

Power driven fire pump ✓*

Fire main and hydrant ✓

2 fire hoses ✓

Fire hose spray nozzle for machineryspaces ✓

Fireman’s axe ✓

1.5.2.1 Recreational craft of 13.7 metres in length and greater

See Table D below.

Table D: Mandatory Fire Fighting Equipment

*Power driven fire pumps may be driven from the main engine. However, ifthis option is used, a second manual fire pump, external to the machineryspaces, must also be supplied. This additional manual pump must be able tosupply a 6 metre jet of water through a 10 mm nozzle.


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n 1.5.2.2 Recreational craft less

than 13.7 metres in length

There are currently no statutory fireappliance requirements forrecreational craft less than 13.7metres in length. However, it isstrongly recommended that suchvessels carry at least a minimumstandard of fire appliances andguidance on this is given in Part Bof this Code.

1.6 Inland Waterways andCanal SystemsInland waterways comprise thenavigable sections of the largerrivers, the canal network and lakes.Conditions on inland waterways aregenerally not as severe as thoseexperienced in coastal regions. Forthe purposes of this Code, inlandwaterways refer to non-tidal and/orfresh water. There are a number ofdifferent authorities with a role inmanaging navigable inlandwaterways in the State. There ismore detail on these authorities inChapter 3.

In Ireland, Waterways Ireland hasresponsibility for the ShannonNavigation, the Grand Canal, theRoyal Canal, the Barrow Navigationand the Shannon Erne Waterway.The Corrib is managed by theCorrib Navigation Trustees. Parts ofother waterways come under thejurisdiction of the relevant HarbourAuthority and still others (e.g. theSlaney) have no navigation

authority per se but may be subjectto local authority bye-laws.Appendix 3 provides furtherinformation in relation to buoyageand marking schemes on someinland waterways.

1.6.1 Shannon Navigation

Acts and associated Bye-

Laws

Relevant legislation for theShannon system:■ Shannon Navigation Acts 1990

and 2005■ Shannon Navigation

(Construction of Vessels) Bye-Laws 1992 (S.I. No. 79 of 1992)

■ Shannon Navigation Bye-Laws1992 (S.I. No. 80 of 1992), asamended.

The above legislation applies toany recreational craft based on theShannon waterway, including lakesand tributaries.

S.I. No. 79 of 1992 specificallyrefers to vessel constructionrequirements, the safety equipmentrequired to be carried, engineinstallations, Liquid Petroleum Gasand cooker installations. S.I. No. 80of 1992 defines authorised officersand their powers, speed limits,maximum drafts, rules ofnavigation, crewing levels, use offacilities and groundings.

All vessels operating on theShannon Navigation must be

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registered with Waterways Irelandas set out in Bye-Laws 5 and 6 ofthe Shannon Navigation Bye-Laws1992 (S.I. No. 80 of 1992).

A “vessel” is defined as any craftthat is not:■ an open boat or undecked punt■ a canoe, skiff, skull■ a row boat■ a boat designed to be propelled

primarily by oars or sail■ propelled by engine greater than

15 horsepower.

The bye-laws were amended in1994 to prevent the discharge ofsewage directly into the navigationfrom any vessel.

1.6.2 Navigation on the

Shannon

The Shannon Navigation Bye-Laws(S.I. No. 80 of 1992) identify therules to be followed by craftnavigating the Shannon waterways.

While similar in content to theCOLREGS, there are a number ofadditional specific rules that apply.■ Vessels shall not run abreast or

overtake in any part of thenavigation less than 13 m in width.

■ Vessels navigating with thestream shall be given precedencefor passage through a bridge bythose craft navigating against thestream of the river.

■ Boats should keep to thestarboard side of the fairway

passing port to port.■ A craft proceeding upstream

must give way to those goingdownstream.

■ Speed limits are to be adhered toas laid down in the Bye-laws.

■ On entering the ShannonNavigation, the direction ofBuoyage is Northwards.

Buoys, Beacons and Perches arepainted Red on the Port hand andGreen on Starboard hand whenproceeding upstream. Navigationmarks are not lit on the Shannon.

On the Shannon Erne Waterwayeast of Lough Scur, the markingsystem changes to a system of redmarks with white flashes where thewhite flash indicates the safe side.The Corrib system uses a red andgreen lateral buoyage system whichis the same as that on theShannon.

1.6.3 Canal System Navigation

Navigation on the Royal and GrandCanals is controlled by bye-lawspassed under the Canals Act 1986and 2005. Please contactWaterways Ireland for furtherdetails on these bye-laws.

1.6.4 Navigation on the Corrib

System

The Lough Corrib NavigationTrustees are responsible for themaintenance of navigation aids anda limited number of piers on the


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Corrib system, maintenance of theEglinton canal system, associatedwalkways, tow paths, lock gatesand boundary walls.

1.7 Maritime Safety Act2005 (No. 11 of 2005), asamended One of the primary purposes of thisAct is to strengthen the law againstimproper use of certain recreationalcraft, to outlaw reckless behaviourin operating or on board vesselsand to promote good practice inoperating vessels generally. TheAct also updates safety regulation-making provisions for passengerboats, fishing vessels and pleasurecraft, and updates penalty andother provisions of certain relatedActs.

The main provisions of the Actwhich affect recreational craft areas follows:

Part 2 Personal Watercraft and

Recreational Craft

The main provisions of this Partare:■ Clear powers for local authorities,

Waterways Ireland, harbourcompanies, Iarnród Éireann and,in respect of the six fisheryharbour centres, the Minister forAgriculture, Food and the Marine,to make bye-laws to regulate andcontrol the use of jet skis andother fast powered recreationalcraft.

■ The appointment by localauthorities, Waterways Ireland,harbour companies, IarnródÉireann and, in respect of the sixfishery harbour centres, theMinister for Agriculture, Food andthe Marine, of authorisedpersons to enforce the provisionsof the Act. The Garda Síochánaalso play a key role inenforcement.

■ The seizure, detention andforfeiture of craft involved inserious offences and thedisqualification of seriousoffenders from operating the craftin question in the interest ofpublic safety and heritageprotection.

■ Fines of up to €2,000 onsummary conviction for bye-lawcontraventions.

The Local GovernmentManagement Agency websiteprovides links to the individualwebsites for each local authorityarea – www.lgcsb.ie/en/irish-local-government. It is recommendedthat checks are made with therelevant local authority forinformation on the beach bye-lawsthat may apply in that county.

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Part 3 Prohibitions relating to

Vessels – Codes of Practice for

the Safe Operation of Vessels

The main provisions of this Partaddress:■ the prohibition of the use of

“unseaworthy” vessels in or onany waters

■ a prohibition on careless ordangerous navigation oroperation of vessels

■ prohibitions on the operation of avessel while under the influenceof alcohol or drugs or anycombination of drugs or drugsand alcohol

■ actions arising fromdrunkenness, disruptivebehaviour, etc., of persons onboard a vessel

■ a prohibition on endangeringvessels or the safety of personson board leading, on summaryconviction, to a fine of up to€5,000 or to imprisonment for aterm not exceeding 6 months, orboth, or on conviction onindictment to a fine notexceeding €100,000 or toimprisonment for a term notexceeding 2 years or both

■ the preparation and publicationof Codes of Practice to promotethe proper and safe operation ofvessels.


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Part 4 Safety Regulations –

Passenger Boats, Fishing

Vessels and Pleasure Craft■ The main provisions of this Part,

as amended, update and restateMinisterial regulation-makingprovisions dating from 1992 inrelation to passenger boats,fishing vessels and pleasurecraft.

Part 5 Amendment of Certain

Enactments

This Part updates the offences,enforcement and penalty provisionsin a number of related Acts,including those relating to fixedpayment notices (“on-the-spot-fines”).

Part 6 Provisions relating to the

foreshore and to foreshore and

aquaculture licences

Part 6 amends certain provisions inthe Foreshore Acts.

1.8 Other legislationThe main focus of this Code ofPractice is the recreational use ofcraft in Irish waters. However,owners and operators ofrecreational craft are reminded thatwhere such craft are operated on acommercial basis, certain otherlegislative requirements underother relevant legislation such asthe Merchant Shipping Acts, theSea Pollution Acts, and the Safety,Health and Welfare at Work Act

2005 (No. 10 of 2005) may apply inparticular circumstances.

For example, where the use ofrecreational craft involves anemployer/employee relationship orwhere the use of such craft directlyrelates to an undertaking of a self-employed person, there are dutiesimposed under the Safety, Healthand Welfare at Work Act 2005.Further information on the 2005 Actis available from the Health andSafety Authority at www.hsa.ie orLocall 1890 289 389 (between 9amand 12:30pm, Monday to Friday).

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