S.I. No. 368/1988:

MERCHANT SHIPPING (CERTIFICATION OF DECK OFFICERS) REGULATIONS, 1988.

MERCHANT SHIPPING (CERTIFICATION OF DECK OFFICERS) REGULATIONS, 1988.

ARRANGEMENT OF REGULATIONS

Regulation.

PART I

PRELIMINARY AND GENERAL

1. Citation, commencement and revocation.

2. Interpretation.

3. Application.

PART II

CERTIFICATION OF DECK OFFICERS

4. Manning of ships.

5. Classes of certificates.

6. Certificates, etc., equivalent to a certificate of competency, etc., under these Regulations.

7. Conditions applicable to the issue of certificates.

8. Command endorsement on certificates of competency.

9. Certificates of competency and command endorsements for tugs.

10. Certificates of competency and command endorsements for standby vessels and seismic and oceanographic survey vessels.

11. Form, validity, record and surrender of certificates.

12. Loss of certificate.

PART III

NUMBER OF DECK OFFICERS TO BE CARRIED

13. Minimum number of qualified deck officers to be carried in certain ships.

14. Minimum number of qualified deck officers to be carried in passenger ships.

15. Minimum number of qualified deck officers to be carried in tugs.

16. Minimum number of qualified deck officers to be carried in sail training ships.

17. Minimum number of qualified deck officers to be carried in standby vessels and seismic and oceanographic survey vessels.

18. Exceptional provisions when a ship may proceed to sea with one qualified deck officer less than the number otherwise required by these Regulations.

19. Additional conditions in the case of ships carrying dangerous cargoes.

20. Requirement to act in capacity for which certified.

SCHEDULE 1

PART I

MINIMUM NUMBER OF DECK OFFICERS TO BE CARRIED

PART II

SPECIAL PROVISIONS APPLICABLE TO PART I OF THIS SCHEDULE

SCHEDULE 2

DEFINITION OF "TRADING AREA"

S.I. No. 368 of 1988.

MERCHANT SHIPPING (CERTIFICATION OF DECK OFFICERS) REGULATIONS, 1988.

I, BRENDAN DALY, Minister for the Marine, in exercise of the powers conferred on me by sections 3 and 8 of the Merchant Shipping (Certification of Seamen) Act, 1979 (No. 37 of 1979), and the Communications (Transfer of Departmental Administration and Ministerial Functions) Order, 1987 ( S.I. No. 91 of 1987 ), hereby make the following Regulations:

PART I PRELIMINARY AND GENERAL

1. (1) These Regulations may be cited as the Merchant Shipping (Certification of Deck Officers) Regulations, 1988 and shall come into operation on the 1st day of March, 1989

(2) The Merchant Shipping (Certification of Deck Officers) Regulations, 1981 ( S.I. No. 13 of 1981 ) are hereby revoked.

(3) These Regulations apply to, or in relation to, any certificate issued under any Regulations revoked by these Regulations, as they apply to, or in relation to, a certificate issued under these Regulations.

(4) Any certificate (including a certificate of service) or any command endorsement issued under the Regulations revoked by these Regulations and in force immediately before the coming into operation of these Regulations shall, subject to such certificate not being suspended or cancelled, remain in force and, except in the case of a certificate of service, shall have effect for the purposes of these Regulations as if it had been issued under the corresponding provisions thereof; Provided that such certificate or endorsement which is expressed to remain in force for a definite period shall remain in force, unless it is renewed, only until the expiration of that period.

2. (1) In these Regulations except where the context otherwise requires:

"the Act of 1984" means the Merchant Shipping Act, 1894;

"The Act of 1979" means the Merchant Shipping (Certification of Seamen) Act, 1979 (No. 37 of 1979);

"certificate of competency" means a certificate of competency as a deck officer granted in accordance with these Regulations;

"certificate of service (deck officer)" means a certificate of service (deck officer) to which Regulation 1(4) of these Regulations relates;

"command endorsement" means an endorsement endorsed on a certificate of competency by virtue of these Regulations;

"examination", in relation to a certificate of competency, means an examination for a certificate of competency conducted by an examiner appointed for that purpose by the Minister;

"fishing boat" has the same meaning as in section 370 of the Act of 1894;

"GRT" means the gross registered tonnage which shall be taken to be--

( a ) in the case of a ship to which Part II and Regulation 16 of the Merchant Shipping (Tonnage) Regulations, 1984 ( S.I. No. 369 of 1984 ), applies, the gross tonnage as ascertained in accordance with paragraph (1) of the said Regulation 16, and

( b ) in the case of any other ship, the gross registered tonnage or, where a ship has alternative gross tonnages, the gross tonnage which is the larger of those tonnages;

"IMO" means the International Maritime Organisation;

"length" in relation to a vessel has the same meaning as it has in the Merchant Shipping (Tonnage) Regulations, 1984 [ S.I. No. 369 of 1984 );

"location" includes any offshore installation, any other installation (whether floating or resting on the sea bed or the subsoil thereof) and any location at sea defined by reference to its latitude and longitude;

"Marine Notice" means a notice so described and issued by the Department of the Marine;

"Minister" means the Minister for the Marine;

"offshore installation supply vessel" means a vessel which performs services (including the carriage of supplies or passengers, or supplies and passengers) in respect of an offshore installation;

"Partially smooth waters" means as respects any period, weather or ship specified in the Twenty-second Schedule to the Merchant Shipping (Life-Saving Appliances) Rules, 1983 ( S.I. No. 302 of 1983 ), the waters of any of the areas specified in column 3 of that Schedule in relation to that period, weather or ship;

"passenger ship" means a ship carrying more than 12 passengers but does not include such a ship in respect of which there is or should be in force one of the following certificates:

( a ) Passenger Certificate Class IV, being a certificate for ships, engaged only on voyages in partially smooth waters, or in smooth waters and partially smooth waters;

( b ) Passenger Certificate Class V, being a certificate for ships engaged only on voyages in smooth waters;

( c ) Passenger Certificate Class VI, being a certificate for ships engaged only on voyages, with not more than 250 passengers on board, to sea, in smooth or partially smooth waters, in all cases in fine weather and during restricted periods, in the course of which the ships are at no time more than 15 miles (exclusive of any smooth waters) from their point of departure or more than 3 miles from land;

"Pleasure craft" means a vessel primarily used for sport or recreation;

"proper officer" means an Irish Consul, a Superintendent of

the Mercantile Marine Office or any officer in a port in the State exercising the functions of such a Superintendent;

"qualified deck officer" means an officer of the deck department who is qualified under Regulation 4(2) of these Regulations;

"restricted period" means a period falling wholly within the following limits:

( a ) from the 1st day of April to the following 31st day of October in any year;

( b ) (i) in the case of ships fitted with navigation lights which conform to the Collision Regulations made under sections 418 and 424 of the Act of 1894, between one hour before sunrise and one hour after sunset, and

(ii) in the case of all other ships, between sunrise and sunset;

"sail training ship" means a ship of 80 GRT or over or of 24 metres in length or over, which is equipped to be propelled by sail (whether or not provided with a propulsion engine) and which carries to sea (in addition to the trained crew) persons under training or instruction;

"seismic and oceanographic survey vessel" means a vessel employed either in the production and measurement of pulses for the seismic survey of the sea bed and subsoil thereof or in the collection of oceanographic data;

"smooth waters" means any waters not being the sea or partially smooth waters and in particular means waters of any of the areas specified in column 2 of the Twenty-second Schedule to the Merchant Shipping (Life-Saving Appliances) Rules, 1983 ( S.I. No. 302 of 1983 );

"specified by the Minister" means specified by or at the direction of the Minister in the Department of the Marine publication entitled "Directions as to the Examination of Deck Officers under the Merchant Shipping Acts" or in a Marine Notice;

"stand-by vessel" means a vessel in respect of which there is in force a certificate of survey for vesesels attending offshore installations;

"trading area" means an area specified in Schedule 2 to these Regulations and any reference in these Regulations to a voyage to, from, or between locations in a trading area shall be construed as including a reference to a voyage to, from, or to and from, such a location or between such locations in the particular trading area or areas referred to and "Near Continental Trading Area", "Middle Trade Trading Area" and "Unlimited Trading Area" shall be construed in accordance with that Schedule.

"tug" means a vessel constructed solely for the purpose of providing external motive power for floating objects or vessels and normally used for that purpose.

(2) Except in the definition of "passenger ship" in paragraph (1) of this Regulation, references in these Regulations to a certificate of a numbered class are references to a certificate of competency of the class which bears that number as indicated in Regulation 5 (1) (a) of these Regulations.

(3) References to a certificate with a command endorsement shall be construed in accordance with Regulations 8, 9 and 10 of these Regulations.

3. (1) Subject to paragraph (2) of this Regulation, these Regulations apply to all ships--

( a ) registered in the State, or

( b ) registered outside the State which carry passengers--

(i) between places in the State, or

(ii) on a voyage which begins and ends at the same place in the State and on which the ships call at no place outside the State,

which go to sea beyond the limits of smooth waters or partially smooth waters.

(2) These Regulations do not apply to--

( a ) pleasure craft of less than 80 grt or under 24 metres in length, and

( b ) fishing vessels.

(3) In respect of ships operating to, from, or between locations in such closely defined limits as may be specified in a Marine notice, the Minister may grant examptions from all or any of the provisions of these Regulations (as may be specified in the exemption) for classes of cases or individual cases on such terms as he may so specify and may, subject to giving reasonable notice, alter or cancel any such exemptions.

PART II CERTIFICATION OF DECK OFFICERS

4. (1) Every ship to which these Regulations apply shall carry such number of qualified deck officers as is required by Part III of these Regulations.

(2) For the purposes of these Regulations an officer shall be qualified if he is the holder for the time being of a certificate of competency issued under these Regulations, or a certificate which is to be treated as equivalent to such a certificate by virtue of Regulation 6 of these Regulations, and, at the material time, any such certificate is in force in relation to the person named in it and is of a class appropriate to the deck officer's capacity in the ship.

5. (1) ( a ) Certificates of Competency shall be issued, in accordance with these Regulations, for the following classes:

Certificate of Competency (Deck Officer) Class 1 (Master Mariner):

Certificate of Competency (Deck Officer) Class 2;

Certificate of Competency (Deck Officer) Class 3;

Certificate of Competency (Deck Officer) Class 4;

Certificate of Competency (Deck Officer) Class 5;

and any such certificate so issued shall be subject to any limitations as to the area of operation, description of ship or deck officer's capacity in that ship endorsed thereon.

( b ) Command endorsements shall be issued, in accordance with these Regulations as follows:

Master (Middle Trade) Endorsement;

Master (Near Continental) Endorsement;

Master (Restricted) Endorsement;

Tugmaster Endorsement;

Tugmaster (Near Continental) Endorsement;

and any such endorsement so issued shall be subject to any limitation as to area of operation or description of ship endorsed thereon.

(2) For the purposes of these Regulations a certificate of competency of a class set out in paragraph (1) (a) of this Regulation shall be treated as being a certificate of a higher class than a certificate of any class which is set out after it in that paragraph.

(3) Notwithstanding paragraph (2) of this Regulation, a certificate of competency without a command endorsement shall not be treated as being a certificate of a higher class than a certificate of any class which is set out after it in paragraph (1) (a) of this Regulation if the lower class certificate is endorsed with a command endorsement and a certificate of competency endorsed with a command endorsement shall not be treated as a certificate of a higher class than a certificate of competency set out before it in that paragraph.

6. (1) ( a ) The Minister may specify that the standard of competence to be attained by deck officers of any description may be the standard of competence required for the issue of a certificate of competency by an authority empowered in that behalf by the laws of another country and that a certificate issued by any such authority shall be treated as evidence of the attainment of a standard of competence equivalent to the standard required for the issue of a specified class of certificate under these Regulations,

( b ) Any certificate issued by any such authority of another country to any such deck officer which is expressed to remain in force for a definite period shall remain in force, unless renewed, only until the expiration of that period.

(2) A certificate of competency granted under section 93 of the Act of 1894 to which has been added by the Minister, a certificate of service (deck officer) (being a certificate of service to which Regulation 1(4) of these Regulations relates) of a description set out in column (2) of the Table to paragraph (6) of this Regulation shall be treated as equivalent to a certificate of competency issued under these Regulations of the class set out in column (3) of that Table and shall be subject to any limitations as to area of operation or description of ship as may be endorsed on the certificate.

(3) A certificate of competency granted under section 93 of the Act of 1894 to which has been added by the Minister, a Master (Middle Trade) Endorsement under these Regulations, shall be treated as equivalent to a certificate of competency issued under these Regulations and shall be subject to any limitation as to area of operation or description of ship as may be endorsed on the certificate.

(4) A certificate of competency as a Mate of a home trade passenger ship granted under section 93 of the Act of 1894 to which has been added by the Minister, a Master (Near Continental) Endorsement under these Regulations, or any Regulations revoked by these Regulations, shall, in addition to being treated as equivalent to the appropriate certificates set out in column (3) of the Table to paragraph (5) of this Regulation, be treated as equivalent to a Class 4 certificate with a command endorsement or a Class 5 certificate with a command endorsement and shall be subject to any limitation as to area of operation or description of ship as may be endorsed on the certificate.

(5) An existing certificate of competency granted under section 93 of the Act of 1894 of a grade specified in column (2) of the Table to this paragraph at a particular reference number shall be treated as equivalent to a certificate of competency issued under these Regulations for the class set out in column (3) of that Table at that reference number.

TABLE

(6) A certificate of service (deck officer) of a description set out in column (2) of the Table to this paragraph at a particular reference number and granted by the Minister shall be treated as equivalent to a certificate of competency issued under these Regulations of the class set out in column (3) of that Table at that reference number.

TABLE

7. (1) Subject to paragraph (2) of this Regulation:

( a ) the standards of competency to be attained and the conditions to be satisfied by a person before he may:

(i) be granted a certificate of competency, or

(ii) having been granted a certificate of competency, be issued with a command endorsement thereon,

under these Regulations, including any exceptions applicable with respect to any such standards or conditions,

( b ) the manner in which the attainment of any such standards or the satisfaction of any such conditions is to be evidenced, and

( c ) the conduct of any examinations for the purpose of subparagraph (a) of this paragraph, the conditions of admission to such examinations and, subject to the consent of the Minister for Finance, the appointment and remuneration of examiners for such examinations, shall be such as may be specified by the Minister from time to time in general or with reference to any particular class or classes of certificate of competency or to any endorsement, as appropriate.

(2) Notwithstanding that an applicant for a certificate of competency or a command endorsement complies with the standards or fulfils the conditions specified by, or by virtue of, this Regulation, the Minister shall refuse to issue the certificate or make the endorsement applied for unless he is satisfied, having regard to all the relevant circumstances, that the applicant is a fit person to be the holder of the certificate or of a certificate with the endorsement, as the case may be, and to act competently in the post to which it relates.

8. On the issue of a certificate of competency of any class set out in column (2) of the Table to this paragraph at a particular reference number or subsequent to such issue of a certificate, the Minister may, if satisfied that the person to whom it is issued is competent to be in command of any ship of the description specified in column (4) of that Table at the reference number, endorse the certificate to that effect as a certificate of competency with the command endorsement set out in column (3) of that Table at that reference number, subject to any limitation as to area of operation or description of ship which may be endorsed thereon.

TABLE

9. (1) Where an applicant for a certificate of competency under these Regulations fails to satisfy the conditions specified by the Minister under Regulation 7 (1) of these Regulations in respect of sea service in ships-other than tugs but has performed sea service so specified in tugs, and if he fulfils the other standards of competency and conditions so specified, he may be issued with a certificate of competency Class 2, 3, 4 or 5, as appropriate, endorsed "For Tug Service Only".

(2) On the issue of a certificate of competency of any class set out in column (2) of the Table to this paragraph at a particular reference number or subsequent to such issue of a certificate, the Minister may, if satisfied that the person to whom it is issued is competent to be in command of a tug of the description set out in column (4) of that Table at that reference number, endorse the certificate to that effect as a certificate of competency with the command endorsement set out in column (3) of that Table at that reference number.

TABLE

(3) Where the holder of a Class 2, 3, 4 or 5 certificate of competency (deck officer) endorsed "For Tug Service Only" applies to have that endorsement removed, the Minister may, subject to the holder having fulfilled any conditions required by the Minister in the particular case (including sea service in ships other than tugs) from which the holder was previously exempted, delete that endorsement and the certificate shall then be treated in all respect as equivalent to a certificate of competency issued under these Regulations.

10. (1) Where an applicant for a certificate of competency under these Regulations fails to satisfy the conditions specified by the Minister under Regulation 7 (1) of these Regulations in respect of sea service in ships other than stand-by vessels or seismic and oceanographic survey vessels but has performed the sea service so specified in such vesesels and if he fulfils the other standards of competency and conditions so specified, he may be issued with a certificate of competency endorsed "For Stand-by Vessel and Seismic and Oceanographic Survey Vessel Service Only".

(2) On the issue of a certificate of competency of any class set out in column (2) of the Table to this paragraph at a particular reference number or subsequent to such issue of a certificate, the Minister may, if satisfied that the person to whom it is issued is competent to be in command of a standby vessel or a seismic and oceanographic survey vessel of the description set out in column (4) of that Table at that reference number, endorse the certificate to that effect as a certificate of competency with the command endorsement set out in column (3) of that Table at that reference number.

TABLE

(3) Where the holder of a Class 2, 3, 4 or 5 certificate of competency (deck officer) endorsed "For Standby Vessel and Seismic and Oceanographic Survey Vessel Service Only" applies to have that endorsement removed, the Minister may, subject to the holder having fulfilled any conditions required by the Minister in the particular case, including sea service in ships other than stand-by vessels and seismic and oceanographic survey vessels from which the holder was previously exempted, delete that endorsement and the certificate shall then be treated in all respects as equivalent to a certificate of competency issued under these Regulations.

11. (1) Certificates of competency and certificates of service (deck officer) shall be issued in duplicate, on receipt of any fee payable, the original to be delivered to the person entitled to the certificate and the duplicate to be retained by the Minister.

(2) Any certificate issued under these Regulations shall remain valid for sea-going service so long as the holder can comply with the standards and conditions as to medical fitness and competency to act in the appropriate capacity specified by the Minister.

(3) A record of all certificaters of competency issued under these Regulations and all certificates of service (desk officer) and of the suspension, cancellation or alteration of, and of any other matters affecting, any such certificate shall be kept in such manner as the Minister may require by such person as the Minister may direct.

(4) Where the holder of a certificate of competency of a particular class issued under these Regulations is issued with such a certificate of a higher class, he shall surrender the first-mentioned certificate to the Minister, or to such person as the Minister directs, for cancellation.

(5) Where a certificate of competency has been obtained for the purposes of these Regulations and a person is convicted of an offence under section 3 (3) of the Act of 1979 in respect of the certificate so obtained, then the holder of that certificate shall, at the direction of the Minister, deliver the certificate to the Minister, or to such other person as the Minister may direct, for cancellation.

(6) Where a certificate of competency is issued for the purposes of these Regulations and the requirements for its issue as prescribed in these Regulations or as specified by the Minister have not been complied with, then the holder of the certificate shall, at the direction of the Minister, deliver the certificate to the Minister, or to such person as the Minister directs, for cancellation.

12. (1) If a person entitled to hold a certificate of competency or a certificate of service (deck officer), proves to the satisfaction of the Minister that he has, without fault on his part, lost or been deprived of a certificate already issued to him, the Minister shall, and, where he is not so satisfied, may, on payment of such fee (if any) as he may require, cause a copy of the certificate to which the person appears to be entitled to hold, to be issued to such person.

(2) Any such copy shall, before it is so issued,be certified as such by such person as the Minister may have directed to keep the record referred to in Regulation 11(3) of these Regulations.

PART III NUMBER OF DECK OFFICERS TO BE CARRIED

13. (1) Subject to paragraph (2) of this Regulation and to Regulation 18 of these Regulations, the minimum number of qualified deck officers of a particular class which ships (other than passenger ships, tugs, sail training ships, stand-by vese-sels or seismic and oceanographic survey vessels) of a description set out in column 2 of Table A of Part I of Schedule 1 to these Regulations, when engaged on a voyage to or from a location or between locations in the trading area set out in relation to that description of ship in column 1 of that Table, are required to carry shall be the number set out in column 3 of that Table.

(2) The provisions of column 3 of Table A of Part I of Schedule I to these Regulations shall have effect subject to the special provisions set out in Part II of that Schedule and paragraph (1) of this Regulation shall be construed accordingly.

14. (1) Subject to paragraph (2) of this Regulation and to Regulation 18 of these Regulations, the minimum number of qualified deck officers of a particular class which passenger ships, being ships of a description set out in column 2 of Table B of Part I of Schedule 1 to these Regulations, when engaged on a voyage to or from a location or between locations in the trading area set out in relation to that description of ship in column 1 of that Table, are required to carry shall be the number set out in column 3 of that Table.

(2) The provisions of column 3 of Table B of Part I of Schedule 1 to these Regulations shall have effect subject to the special provisions set out in Part II of that Schedule and paragraph (1) of this Regulation shall apply accordingly.

15. (1) Subject to paragraph (2) of this Regulation and to Regulation 18 of these Regulations, the minimum number of qualified deck officers of a particular class which tugs, being tugs of a description set out in column 2 of Table C of Part I of Schedule 1 to these Regulations, when engaged on a voyage to or from a location or between locations in the trading area set out in column 1 of that Table, are required to carry shall be the number set out in column 3 of that Table.

(2) The provisions of column 3 of Table C of Part I of Schedule 1 to these Regulations shall have effect subject to the special provisions set out in Part II of that Schedule and paragraph (1) of this Regulation shall apply accordingly

16. (1) Subject to paragraph (2) of this Regulation, sail training ships shall carry a minimum number of two qualified deck officers of whom one shall be the holder of a certificate of competency Class 1 and the other the holder of a certificate of competency Class 2.

(2) In a particular case, the Minister may exempt a class of sail training ship from the requirement of paragraph (1) of this Regulation and permit particular officers with qualifications appropriate to the command of sail training ships to act in the capacity of master or second-in-command.

17. (1) Subject to paragraph (2) of this Regulation and to Regulation 18 of these Regulations, the minimum number of qualified deck officers of a particular class which stand-by vessels and seismic and oceanographic survey vessels, being ships of a description set out in column 2 of Table D of Part I of Schedule 1 to these Regulations, when engaged on a voyage to or from a location or between locations in the trading area set out in relation to that description of ship in column 1 of that Table, are required to carry shall be the number set out in column 3 of that Table.

(2) The provisions of column 3 of Table D of Part I of Schedule 1 to these Regulations shall have effect subject to the special provisions set out in Part II of that Schedule and paragraph (1) of this Regulation shall apply accordingly.

18. (1) Subject to paragraph (4) of this Regulation, if on an occasion on which a ship (other than a sail training ship) to which these Regulations apply goes to sea from a location beyond the State and one of the qualified deck officers is not carried because of illness, incapacity, or other unforeseen circumstance, but all reasonable steps were taken to secure the carriage on that occasion of a duly qualified deck officer, so much of these Regulations as require such a ship on such a voyage to carry that deck officer shall not, subject to compliance with paragraphs (2) and (3) of this Regulation, apply to the ship during whichever is the shorter of the following periods, beginning with the day on which the ship goes to sea from that location on that occasion--

( a ) a period ending with the day on which the ship does carry a qualified deck officer as that deck officer, or

( b ) a period of--

(i) in the case of a ship going to sea from a location beyond the Middle Trade Trading Area, 28 days,

(ii) in the case of a ship of 5,000 GRT and over going to sea from a location beyond the Near Continental Trading Area, 14 days,

(iii) in the case of a ship under 5,000 GRT going to sea from a location beyond the Near Continental Trading Area but within the Middle Trade Trading Area, 14 days, and

(iv) in the case of a ship going to sea from locations beyond the State but within the Near Continental Trading Area and which is required by these Regulations to carry not less than three qualified deck officers, 7 days.

(2) In a case where paragraph (1) (b) of this Regulation applies, one such period as is provided for in that paragraph shall not be followed immediately by any further period at sea during which the ship carries one less than the number of duly qualified deck officers required by these Regulations.

(3) When a ship goes to sea in circumstances provided for in paragraph (1) of this Regulation, the master shall make an entry, in the ship's official log, of his decision not to carry a duly qualified deck officer and shall, where practicable, notify a proper officer of his decision.

(4) Notwithstanding paragraph (1) of this Regulation, a ship such as is mentioned--

( a ) in subparagraph (b) (i) or (b) (ii) of that paragraph, may go to sea on such a voyage carrying one deck officer less than is required by these Regulations, even if, at the time, the ship carries one qualified marine engineer officer less than is required by any Regulations made under section 3 of the Act of 1979 relating to the carriage of qualified marine engineer officers.

( b ) in subparagraph (b) (iii) or (b) (iv) of that paragraph, may only go to sea on such a voyage carrying one deck officer less than is required by these Regulations if, at the time, the ship carries the full number of qualified marine engineer officers required by any such Regulations referred to in subparagraph (a) of this paragraph.

(5) ( a ) Notwithstanding paragraph (1) of this Regulation, no ship, whatever the circumstances, shall go to sea with less than two qualified deck officers on board.

( b ) Subparagraph (a) of this paragraph shall only apply to a ship of under 200 GRT and to which Table A or Table B of Part I of Schedule 1 to these Regulations relates in circumstances where a minimum of two qualified deck officers are required to be carried by virtue of the provisions of subparagraph (1) or (2) of paragraph 2 of Part II of that Schedule.

19. (1) A ship to which these Regulations apply which has a bulk cargo consisting in whole or in part of--

( a ) crude liquid petroleum or its products, or

( b ) any liquid chemicals, or

( c ) any liquefied gases,

shall carry as officer in command and as second-in-command, respectively, deck officers qualified under these Regulations whose certificates of competency or of service have been endorsed to show that they have satisfied such conditions as to training and service as may be specified by the Minister.

(2) If a deck officer (other than the officers carried in command and as second-in-command) is required to have immediate responsibility for loading, discharging and care in transit or handling of such cargo that officer must carry a similarly endorsed certificate.

(3) There shall be treated as equivalent to endorsements made under this Regulation any endorsement to like effect which had been made under the Regulations revoked by these Regulations.

(4) ( a ) In this Regulation:

"liquefied gases" means any liquefied gas listed in Chapter XIX of the 1976 edition of the IMO publication entitled "Code for the Construction and Equipment of Ships carrying Liquefied Gases in Bulk";

"liquid chemicals" means any liquid chemical listed in Chapter VI of the 1980 edition of the IMO publication entitled "Code for the Construction and Equipment of Ships carrying Dangerous Chemicals in Bulk";

"petroleum products" means the following substances produced directly or indirectly from crude oil-- fuels, lubricants, bitumen, wax, industrial spirits and any wide-range substance, that is to say, a substance whose final boiling point at normal atmospheric pressure is more than 50 degrees Celsius higher than its initial boiling point, but does not include any such substances which are liquefied gases.

( b ) The references in this paragraph to the Code for the Construction and Equipment of Ships carrying Liquefied Gases in Bulk and to the Code for the Construction and Equipment of Ships carrying Dangerous Chemicals in Bulk shall each be construed as including references to any document which amends or extends the code to which it relates and which, from time to time, the Minister may specify for the purpose of this paragraph in a Marine Notice.

20. (1) Subject to paragraph (2) of this Regulation, no person shall act in the capacity of master or second-in-command unless such person holds an appropriate certificate of competency or certificate of service.

(2) ( a ) In the event of the death or incapacity of the master or second-in-command while the ship is at sea, a deck officer may act in the capacity of master or second- in-command until the ship reaches the next intended port of call.

( b ) In the event of a ship going to sea without a duly certificated master or second-in-command in circumstances provided for in Regulation 18 of these Regulations, a deck officer may act in the capacity of master or second-in-command during the relevant period provided for in that Regulation, provided he is duly certificated to fill the post immediately below that in which he is acting.

(3) The master shall not permit any person to be in charge of a deck watch or a navigational watch unless such person holds an appropriate certificate of competency or certificate of service.

(4) No person shall appoint or permit any other person to act in a capacity for which that other person is not duly certificated in accordance with these Regulations.

SCHEDULE 1

PART I

MINIMUM NUMBER OF DECK OFFICERS TO BE CARRIED

TABLE A

(Ships, other than Passenger Ships, Tugs, Sail Training Ships, Stand-by vessels or Seismic and Oceanographic Survey Vessels)

Notes:

1. Except in the case of offshore installation supply vessels, column 3 is to be read subject to, and the meaning of (A), (B), (C) and (D) is to be found in paragraph 2(1) of, the special provisions set out in Part II of this Schedule.

2. In the case of offshore installation supply vessels column 3 is to be read subject to paragraph 3 of the special provisions set out in Part II of this Schedule.

TABLE B

(Passenger Ships)

Note:

Column 3 is to be read subject to, and the meaning of (X) and (y) is to be found in paragraph 2(2) of, the special provisions set out in Part II of this Schedule.

TABLE C

(Tugs)

Note:

Column 3 is to be read subject to, and the meaning of (a), (b) and (c) is to be found in paragraph 2(3) of, the special provisions set out in Part II of this Schedule.

TABLE D

(Stand-by Vessels and Seismic and Oceanographic Survey Vessels)

Note:

Column 3 is to be read subject to, and the meaning of (p), (q), (r) and (s) is to be found in paragraph 2(4) of, the special provisions set out in Part II of this Schedule.

PART II

SPECIAL PROVISIONS APPLICABLE TO PART I OF THIS SCHEDULE

1. The provisions of column 3 of Tables A, B, C and D of Part I of this Schedule, in so far as they impose a requirement with respect to the carrying in a ship of a qualified deck officer who is the holder of a certificate of competency issued under these Regulations of a particular class, shall be treated as complied with (subject to the qualification in Regulation 5(3) of these Regulations with regard to certificates with a command endorsement) if the officer who is carried in pursuance of that requirement is the holder of a certificate of competency issued under these Regulations of a higher class.

2. (1) Where a number set out in column 3 of Table A of Part I of this Schedule in relation to a certificate of competency issued under these Regulations of a particular class is followed by the indication (A), (B), (C) or (D) that provision of column 3 to which the number relates shall be construed--

( a ) in the case of indication (A), as requiring the certificate or one of the certificates in question to be endorsed with the command endorsement of Master (Middle Trade),

( b ) in the case of indication (B), as requiring one of the certificates in question to be endorsed with the command endorsement of Master (Near Continental),

( c ) in the case of indication (C), as requiring the certificate in question to be endorsed with the command endorsement of Master (Near Continental) provided that where the ship is engaged on a voyage of such duration that a change of watch will become necessary, the ship shall carry an additional deck officer who is the holder of a Class 5 certificate, and

( d ) in the case of indication (D), as requiring the certificate holder in question serving as second-in-command (unless his certificate is endorsed with a command endorsement) to have previously served as an officer in charge of a navigational watch on a ship of 200 GRT or more for a period of not less than 18 months.

(2) Where a number set out in column 3 of Table B of Part I of this Schedule in relation to a certificate of competency issued under these Regulations of a particular class is followed by the indication (X) or (Y), that provision of column 3 to which the number relates shall be construed--

( a ) in the case of indication (X), as requiring the certificates in question to be endorsed with the command endorsement of Master (Near Continental) provided that where a ship of under 200 GRT is engaged on a voyage of such duration that a change of watch will become necessary, the ship shall carry an additional deck officer who is the holder of a Class 5 certificate, and

( b ) in the case of indication (Y), as requiring the certificate holder in question if the ship is of 1,600 GRT or more, to have previously served as an officer in charge of a navigational watch on a ship of 200 GRT or more for a period of not less than 18 months.

(3) Where a number set out in column 3 of Table C of Part I of this Schedule in relation to a certificate of competency issued under these Regulations of a particular class is followed by the indication (a), (b) or (c) that provision of column 3 to which the number relates shall be construed--

( a ) in the case of indication (a), as requiring one of the certificates in question to be endorsed with the command endorsement of Tugmaster,

( b ) in the case of indication (b), as requiring one of the certificates in question to be endorsed with the command endorsement of Tugmaster (Near Continental), and

( c ) in the case of indication (c), as requiring the certificate holder in question serving as second-in-command if the tug is of 1,600 GRT or more (unless his certificate is endorsed with a command endorsement) to have previously served as an officer in charge of a navigational watch on a ship of 200 GRT or more for a period of not less than 18 months.

(4) Where a number set out in column 3 of Table D of Part I of this Schedule is followed by the indication (p), (q), (r) or (s), that provision in column 3 to which the number relates shall be construed--

( a ) in the case of indication (p), as requiring one of the certificates in question to be endorsed with the command endorsement of Master (Restricted),

( b ) in the case of indication (q), as requiring one of the certificates in question to be endorsed with the command endorsement of Master (Restricted) Middle Trade,

( c ) in the case of indication (r), as requiring one of the certificates in question to be endorsed with the command endorsement of Master (Restricted) Near Continental,

( d ) in the case of indication (s), as requiring the certificate holder in question serving as second-in-command if the vessel is of 1,600 GRT or more (unless his certificate is endorsed with a command endorsement) to have previously served as an officer in charge of a navigational watch on a ship of 200 GRT or more for a period of not less than 18 months.

3. (1) In relation to any offshore installation supply vessel which goes to sea--

( a ) to or from any location in the State and an offshore installation in the Near Continental Trading Area, or

( b ) between offshore installations in the Near Continental Trading Area,

the provisions of Table A shall apply, subject to every such vessel holding a Safe Manning Certificate issued by the Department of the Marine.

(2) In this Regulation "Safe Manning Certificate" means a certificate issued by the Department of the Marine after having regard to the principles and guidelines set out in IMO Resolution A481 (XII) adopted by the Assembly of the IMO on the 19th day of November, 1981.

SCHEDULE 2

DEFINITION OF "TRADING AREA"

Near Continental Trading Area

Any location within an area bounded by a direct line from a point on the Norwegian coast in latitude 62 degrees North to a point 62 degrees North 3 degrees 45' West; thence to a point 58 degrees North 10 degrees West; thence to a point 54 degrees North 14 degrees 30' West; thence to a point 37 degrees North 10 degrees West; thence to a point 35 degrees 52.3' North 6 degrees 20' West; thence to a point 35 degrees 52.3' North 5 degrees 45' West; thence to a point 35 degrees 53.6' North 5 degrees 36.5' West; thence to a point 35 degrees 58.3' North 5 degrees 21' West; thence to Europa Point (36 degrees 06' North 5 degrees 21' West approximately) including the Baltic as far North as latitude 58 degrees North and in addition, during the period in any year from the 1st day of April to the 31st day of October, the remaining waters of the Baltic.

Middle Trade Trading Area

Any location within an area bounded by a direct line from a point on the Norwegian Coast in 70 degrees North to a point in 70 degrees North 15 degrees East to a point in 62 degrees North 3 degrees 45' West to a point in 58 degrees North 10 degrees West to a point in 54 degrees North 14 degrees 30' West to a point in 30 degrees North 19 degrees West to a point in 15 degrees North and 19 degrees West to Dakar, the waters of the Mediterranean, Black and Baltic Seas and in addition, during the period in any year from the 1st day of April to the 31st day of October, any location within the area bounded by a direct line from Mys Kanin Lighthouse (Barents Sea) to a point 72 degrees North 25 degrees East to a point 70 degrees North 15 degrees East to the Norwegian Coast in 70 degrees North.

Unlimited Trading Area

Any location not within the Middle Trade Trading Area or the Near Continental Trading Area.

GIVEN under my Official Seal, this 21st day of December, 1988.

GIVEN under my Official Seal, this 21st day of December, 1988.

EXPLANATORY NOTE.

These Regulations revoke the Merchant Shipping (Certification of Deck Officers) Regulations, 1981, and re-enact them with amendments.

The major amendments are--

( a ) the Near Continental Trading Area is replaced by a larger Near Continental Trading Area and the Middle Trade Trading Area by a larger Middle Trade Trading Area (Schedule 2);

( b ) new certification requirements are included specifically for stand-by vessels and seismic or oceanographic survey vessels (Regulation 10);

( c ) provisions empowering the issue of Certificates of Service (Deck Officer) have been deleted in compliance with the terms of Article VII (3) of the International Convention on Standards of Training, Certification and Watchkeeping for Seafarers, 1978. Residual references to the continuing validity of certificates of service issued under the provisions of the 1981 Regulations are retained.