S.I. No. 257/1968:

MERCHANT SHIPPING (LOAD LINES) (FEES) REGULATIONS, 1968.

MERCHANT SHIPPING (LOAD LINES) (FEES) REGULATIONS, 1968.

I, ERSKINE H. CHILDERS, Minister for Transport and Power, in exercise of the powers conferred on me by section 26 of the Merchant Shipping (Load Lines) Act, 1968 (No. 17 of 1968), and with the approval of the Minister for Finance, hereby make the following regulations:--

1. (1) These Regulations may be cited as the Merchant Shipping (Load Lines) (Fees) Regulations, 1968.

(2) These Regulations shall come into force on the 23rd day of December, 1968.

2. In these Regulations--

"the Act" means the Merchant Shipping (Load Lines) Act, 1968 (No. 17 of 1968);

"the Act of 1933" means the Merchant Shipping (Safety and Load Line Conventions) Act, 1933 (No. 42 of 1933);

"Assigning Authority" means a body which is an Assigning Authority for the purpose of the load line rules for the time being in force under the Act;

"a classed ship" means a ship which has been surveyed by or on behalf of an Assigning Authority (other than the Minister) and has, following such survey, been classified by that authority in accordance with standards set for ships by it and remains so classified at the date of the survey or inspection for which a fee is payable under these Regulations;

"unclassed ship " means a ship which is not a classed ship;

"tons" means tons gross tonnage and the gross tonnage of ships having alternative gross tonnages shall be taken to be the larger of those tonnages.

3. The fee payable in respect of--

(a) the survey of a ship carried out pursuant to the Merchant Shipping (Load Line) Rules, 1968 ( S.I. No. 205 of 1968 ), with a view to the issue of a load line certificate or a load line exemption certificate, and

(b) the periodical inspection pursuant to the said rules of a ship for which such a certificate is in force,

shall, subject to Regulation 6 of these Regulations, be the appropriate fee specified in the table of such fees in Part I of the Schedule to these Regulations.

4. The fee payable in respect of the inspection of a ship with a view to the issue of a load line certificate under Regulation 5 of the Merchant Shipping (Load Lines) (Transitional Provisions) Regulations, 1968 ( S.I. No. 207 of 1968 ), shall be the same as that for a periodical inspection mentioned in Regulation 3 (b) of these Regulations.

5. The fee in the case of a survey mentioned in Regulation 3 (a) of these Regulations or an inspection mentioned in Regulation 4 of these Regulations shall cover the issue of a load line certificate or a load line exemption certificate following the survey or inspection, as the case may be, and in the case of a periodical inspection mentioned in Regulation 3 (b) of these Regulations shall cover the endorsement of a certificate following the inspection.

6. The fees mentioned in the foregoing Regulations and the payment thereof shall be subject to the provisions of Part II of the Schedule to these Regulations and accordingly such fees shall be adjusted or be not payable in appropriate circumstances.

SCHEDULE

PART I

TABLE OF FEES

PART II

ADJUSTMENT OF FEES

A. SURVEYS

Periodical surveys of ships which have previously held certificates

1. (1) In the case of a periodical survey of a classed ship the fee shall, except in a case to which subparagraph (2) of this paragraph applies, be reduced by one half.

(2) Where the periodical survey of a classed ship is carried out by a surveyor on behalf of an Assigning Authority other than the Minister at the same time as a special survey of the ship for classification purposes for which a fee is charged by that Authority, the fee payable in respect of the periodical survey shall be that which would be appropriate for a periodical inspection of the ship.

(3) In this paragraph "periodical survey" means a survey of a ship in respect of which there is in force at the time of the survey, or was in force immediately before that time, a load line certificate or a load line exemption certificate issued by or on behalf of the Minister under the Act or the Act of 1933.

Survey carried out concurrently with other surveys

2. (1) Where a survey mentioned in Regulation 3 of these Regulations of a ship is carried out by a surveyor appointed by the Minister concurrently with--

(a) a survey of the ship for a Passenger Steamer Certificate or a Passenger and Safety Certificate--

(i) in the case of a classed ship, no fee shall be payable under these Regulations,

(ii) in the case of an unclassed ship, the fee payable under these Regulations shall be one half that which would otherwise be payable;

(b) a survey of the ship (whether classed or unclassed) for the issue of a Cargo Ship Safety Construction Certificate, the fee payable under these Regulations shall be one half that which would otherwise be payable.

(2) No additional fee shall be payable under paragraph 5 or 6 of this Schedule in any case to which subparagraph (1) (a) of this paragraph applies.

Survey where alterations do not necessitate a complete survey

3. Where, in the case of a survey of a ship (whether classed or unclassed) in respect of which a load line certificate under the Act of 1933 or under the Act, or a load line exemption certificate is in force, alterations have been made to the ship which involves the assignment of new freeboards but are not such as to necessitate a complete survey of the ship for that purpose, the fee, where necessary, shall be that which would be appropriate for a periodical inspection of the ship, and the ship shall for the purposes of this paragraph be deemed to be a classed ship.

Partial survey carried out afloat for issue of short-term certificates

4. Where a survey other than a complete survey is carried out on a ship afloat (whether classed or unclassed) for the purpose of the issue in respect of the ship of a load line certificate or a load line exemption certificate valid for a period not exceeding twelve months, the fee payable under these Regulations shall be one half of that which would otherwise be payable.

Additional fee where survey involves inquiry into stability

5. (1) In the case of a survey mentioned in Regulation 3 of these Regulations of a ship which is required to comply with the requirements of the Fourth Schedule to the Merchant Shipping (Load Line) Rules, 1968, relating to stability, there shall, subject to paragraph 2 (2) of this Part and subparagraph (2) of this paragraph, be paid an additional fee of £60 plus £1 for every metre, if any, by which the length of the ship exceeds 24 metres subject to a maximum additional fee of £400.

(2) No additional fee shall be payable under this paragraph if--

(a) the ship has been previously surveyed under the said Rules and was at the time of that survey required to comply with the above-mentioned requirements relating to stability, and

(b) no changes have been made in the ship since that survey which necessitate an examination to ascertain whether the ship continues to comply with those requirements.

Additional fee where survey involves calculations relating to floodability

6. Where in the case of a ship of more than 100 metres in length a survey involves calculations for the purposes of the Fifth Schedule to the Merchant Shipping (Load Line) Rules, 1968, as to the ability of the ship to withstand the flooding of compartments, subject to paragraph 2 (2) of this Schedule, there shall be paid an additional fee of £150.

B. PERIODICAL INSPECTIONS

Additional fees for periodical inspections

7. (1) Where a periodical inspection mentioned in Regulation 3 of these Regulations of a ship of over 300 tons (whether classed or unclassed) is completed in one operation but requires two or more visits to the ship by the surveyor, there shall be paid an additional fee of £11.

(2) Where such a periodical inspection of a ship (whether classed or unclassed) is not completed in one operation there shall be paid--

(a) an additional fee of £11 for each part of the inspection, and

(b) if the ship is over 300 tons and any part of the inspection requires two or more visits to the ship by the surveyor, a further additional fee of £11 in respect of each such part.

(3) Such a periodical inspection shall be taken for the purposes of this paragraph to be completed in one operation if it is completed within one day, or within a period of successive days (excluding Sundays or public holidays) on each of which one or more visits to the ship are paid by the surveyor.

(4) Where for the purposes of such an inspection it is necessary for the surveyor to revisit the ship for the sole purpose of checking the rectification of defects found at an earlier stage of the inspection and on that visit those defects are found to be rectified, such visit shall not be taken into account for the purposes of this paragraph.

(5) Where such a periodical inspection of a ship is not completed in one operation but the fact that it is not so completed is in no way attributable to failure by the owner to have the ship available for inspection at any time after the commencement of the inspection, subparagraph (2) of this paragraph shall not apply in relation to the inspection.

Remission of fee where periodical inspection carried out concurrently with certain surveys

8. Where a periodical inspection mentioned in paragraph 7 (1) of this Schedule of a ship is carried out by a surveyor appointed by the Minister at the same time as--

(a) a survey of the ship for the issue of a Passenger Steamer Certificate or a Passenger and Safety Certificate, or

(b) any intermediate survey of the ship required under the cargo ship construction and survey rules made under the Merchant Shipping Act, 1966 (No. 20 of 1966),

no fee shall be payable in respect of the inspection.

GIVEN under my Official Seal, this 9th day of December, 1968.

ERSKINE H. CHILDERS,

Minister for Transport and Power.

The Minister for Finance hereby approves of the making of the foregoing Regulations.

J. F. MacINERNEY.

GIVEN under the Official Seal of the Minister for Finance, this 9th

day of December, 1968.

EXPLANATORY NOTE.

These Regulations prescribe the fees payable for surveys and inspections carried out in pursuance of the Merchant Shipping (Load Lines) Act, 1968 and the Rules made thereunder.