S.I. No. 85/1990:

MERCHANT SHIPPING (MUSTERS AND TRAINING) RULES, 1990.

MERCHANT SHIPPING (MUSTERS AND TRAINING) RULES, 1990.

I, JOHN WILSON, Minister for the Marine, in exercise of the powers conferred on me by section 427 of the Merchant Shipping Act, 1894 (inserted by section 11 of the Merchant Shipping (Safety Convention) Act, 1952 (No. 29 of 1952)), as amended by section 10 of the Merchant Shipping Act, 1966 (No. 10 of 1966) and the Communications (Transfer of Departmental Administration and Ministerial Functions) Order, 1987 ( S.I. No. 91 of 1987 ), hereby make the following Rules:

1. (1) These Rules may be cited as the Merchant Shipping (Musters and Training) Rules, 1990, and shall come into operation on the 23 day of April 1990.

(2) The Merchant Shipping (Musters) Rules, 1983 ( S.I. No. 316 of 1983 ), are hereby revoked.

2. (1) In these Rules

"international voyage" means an international voyage within the meaning of the Merchant Shipping (Safety Convention) Act, 1952 (No. 29 of 1952);

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

"master" includes every person (except a pilot) having command or charge of a ship;

"the Minister" means the Minister for the Marine;

"tons" means gross tons and a reference to tons:

( a ) in relation to a ship having alternative gross tonnages under paragraph 12 of the Fourth Schedule to the Merchant Shipping (Tonnage) Regulations, 1984 ( S.I. No. 369 of 1984 ), is a reference to the larger of those tonnages; and

( b ) in relation to a ship having its tonnage determined under Part II and Regulation 16 of the said Regulations is a reference to its gross tonnage as determined under Regulation 16 of those Regulations.

(2) For the purposes of these Rules the ships to which these Rules apply shall be arranged in the same classes in which ships are arranged for the purposes of the Merchant Shipping (Life-Saving Appliances) Rules, 1983 ( S.I. No. 302 of 1983 ), and any reference in these Rules to a ship of any class shall be construed accordingly.

3. These Rules apply in relation to:

( a ) sea-going ships registered in the State; and

( b ) other sea-going ships while they are withing the State or the territorial waters thereof:

Provided that these Rules shall not apply to:

(i) fishing vessels;

(ii) ships of Class VI;

(iii) pleasure craft which are not passenger ships or ships engaged in trade;

(iv) a ship by reason of her being within a port in the State or within the territorial waters thereof if she would not have been in any such port or waters but for stress of weather or any other circumstance that neither the master nor the owner nor the charterer (if any) of the ship could have prevented.

4. (1) This Rule applies to ships of Classes I, II, II(A), III, VII, VII(A), VII(T), VIII and VIII(T); and XI engaged on international voyages.

(2) The master of every ship shall prepare and maintain a muster list complying with paragraphs (3) to (7) of this Rule. The muster list shall be prepared before the ship proceeds to sea and after the muster list has been prepared, if any change takes place in the crew which necessitates an alteration in the muster list, the master shall either revise the list or prepare a new list. The format of the muster list in respect of ships of Classes I, II, IIA and III shall be approved by the Minister.

(3) The muster list shall specify:

( a ) the general emergency alarm signal;

( b ) action to be taken by crew and passengers when the general emergency alarm signal is sounded;

( c ) how the order to abandon ship will be given;

( d ) other emergency signals and action to be taken by crew on hearing such signals; and

( e ) on ships of Classes I, II(A) and III the location of passenger muster stations.

(4) The muster list shall show the duties assigned to the different members of the crew including:

( a ) closing of the watertight doors, fire doors, valves, scuppers, side-scuttles, skylights, portholes and other similar openings in the ship;

( b ) equipping of the survival craft and other life-saving appliances;

( c ) preparation and launching of survival craft;

( d ) general preparations of other life-saving applicances;

( e ) muster of passengers (if any);

( f ) use of communication equipment;

( g ) manning of fire parties assigned to deal with fires;

and

( h ) special duties assigned in respect of the use of fire-fighting equipment and installations.

(5) The muster list shall show the duties assigned to members of the crew in relation to passengers in case of emergency; these duties shall include:

( a ) warning the passengers;

( b ) seeing that the passengers are suitably clad and have donned their lifejackets correctly;

( c ) assembling passengers at muster stations;

( d ) keeping order in the passageways, on the stairways and generally controlling the movements of the passengers; and

( e ) ensuring that a supply of blankets (where carried) is taken to each survival craft.

(6) The muster list shall specify which officers are assigned to ensure that life-saving and fire appliances are maintained in good condition and are ready for immediate use.

(7) The muster list shall specify substitutes for key persons who may become disabled, taking into account that different emergencies may call for different actions.

(8) The master shall ensure that copies of the muster list are exhibited in conspicuous places throughout the ship including the navigating bridge, engine room and crew accommodation spaces.

(9) The master shall ensure that clear instructions to be followed in the event of an emergency are provided for every person on board.

(10) The master shall ensure that illustrations and instructions in English and in any other appropriate languages are posted in passenger cabins and conspicuously displayed at muster stations and other passenger spaces to inform passengers of:

( a ) their muster station;

( b ) the essential actions they must take in any emergency; and

( c ) the method of donning lifejackets.

5. The general emergency alarm signal for summoning passengers and crew to muster stations and initiating the actions included in the muster list shall consit of seven or more short blasts followed by one long blast on the ship's whistle or siren and additionally, in the case of ships of Classes I, II, II (A), III, and of Classes VII, VII (A), VII (T), VIII, VIII (T) and IX of 45.7 metres in length and upwards, on an electrically operated bell or klaxon or other equivalent electrically operated warning system.

6. (1) In ships of Classes I, II, IIA, III, VII, VII (A), VII (T), VIII, VIII (T), VIII (A), VIII (A) (T) and IX, and in ships of Class XI engaged on international voyages each member of the crew shall participate in at least one abandon ship drill and one fire drill every month. The drills of the crew shall take place within 24 hours of the ship leaving a port if more than 25 per cent. of the crew have not participated in abandon ship and fire drills on board that particular ship in the previous month. Where that is impracticable for any ship other suitable arrangements shall be made. In ships of Classes I, II, II (A) and III an abandon ship drill and fire drill shall take place weekly.

(2) In ships of Class I and ships of Classes VII, VII (A) and VII (T) carrying passengers, musters of the passengers shall take place within 24 hours after their embarkation. Passengers shall be instructed in the use of the lifejackets and the action to take in an emergency. If only a small number of passengers embark at a port after the muster has been held it shall be sufficient, instead of holding another muster, to draw the attention of these passengers to the emergency instructions required by Rules 4 (9) and (10) of these Rules.

(3) In ships of Classes II, II (A) and III, and where passengers are carried in ships of Classes VIII, VIII (T), VIII (A), VIII (A) (T) and IX, and in ships of Class XI engaged on international voyages, if a muster of the passengers is not held on departure, the attention of the passengers shall be drawn to the emergency instructions required by Rules 4 (9) and (10) of these Rules.

(4) Each abandon ship drill shall include:

( a ) summoning of passengers and crew to muster stations with the general emergency alarm system and ensuring that they are made aware of the order the abandon ship specified in the muster list;

( b ) reporting to stations and preparing for the duties described in the muster list;

( c ) checking that passengers and crew are suitably dressed;

( d ) checking that lifejackets are correctly donned;

( e ) where practicable, lowering of at least one lifeboat after any necessary preparation for launching;

( f ) starting and operating each lifeboat engine; and

( g ) operation of davits used for launching liferafts.

(5) Different lifeboats shall, as far as practicable, be lowered in compliance with the requirements of paragraph (4) (e) of this Rule at successive drills.

(6) Drills shall, as far as practicable, be conducted as if there were an actual emergency.

(7) Each lifeboat shall be launched with its assigned operating crew aboard and manoeuvred in the water at least once every 3 months during an abandon ship drill. If the berthing arrangements in port and the trading patterns of a ship operating on short international voyages make the launching of lifeboats on one side impracticable then launching of lifeboats on that side shall not be required. However, all such lifeboats shall be lowered at least once every 3 months and launched at least annually.

(8) Where carried, rescue boats other than lifeboats which are also rescue boats, shall, as far as practicable, be launched each month with their assigned crew abroad and manoeuvred in the water. In all cases this requirement shall be complied with at least once every 3 months.

(9) If lifeboat and rescue boat launching drills are carried out with the ship making headway or anchored or moored in a tideway or current such drills shall, because of the dangers involved, be practised in sheltered waters only under the supervision of an officer experienced in such drills, and in accordance with the guidance specified in a Marine Notice which may be amended or replaced from time to time.

(10) Emergency lighting for mustering and abandonment shall be tested at each abandon ship drill.

7. (1) This Rule applies to ships of Classes I, II, II (A), III, VII, VII (A), VII (T), VIII, VIII (T), VIII (A), VIII (A) (T), and IX and to ships of Class XI engaged on international voyages.

(2) On-board training in the use of the ship's life-saving appliances, including survival craft equipment, shall be given as soon as possible but not later than 2 weeks after a crew member joins the ship. However, if the crew member is on a regularly scheduled rotating assignment to the ship, such training shall be given not later than 2 weeks after the time of first joining the ship.

(3) Instructions in the use of the ship's life-saving appliances and in survival at sea shall be given at the same interval as the drills. Individual instruction may cover different parts of the ship's life-saving system, but all the ship's life-saving equipment and appliances shall be covered within any period of 2 months. Each member of the crew shall be given instructions which shall include but not necessarily be limited to:

( a ) operation and use of the ship's inflatable liferafts;

( b ) problems of hypothermia, first-aid treatment for hypothermia and other appropriate first-aid procedures;

( c ) special instructions necessary for use of the ship's life-saving appliances in severe weather and severe sea conditions.

(4) on-board training in the use of davit-launched liferafts shall take place at intervals of not more than 4 months on every ship fitted with such appliances. Whenever practicable this shall include the inflation and lowering of a liferaft. This liferaft may be a special liferaft intended for training purposes only, which is not part of the ships life-saving equipment; such a special liferaft shall be conspicuously marked.

8. (1) The following matters shall be recorded by the master in the official logbook:

( a ) upon each occasion on which in accordance with these Rules a muster, abandon ship drill, fire drill, drill of other lifesaving appliances or on-board training is held:--

(i) a record of the date upon which musters, drills and training are held;

(ii) details of training and type of drill held;

(iii) a record of the occasions on which lifeboats, rescue boats and davit launched liferafts, as applicable, are lowered or launched;

( b ) upon each occasion on which a full muster, drill or training session is not held as required by these Rules:

(i) a record of the relevant circumstances;

(ii) the extent of the muster, drill or training session held.

(2) In ships not required to keep an official logbook a record of each matter specified in paragraph (1) of this Rule shall be made by the master and shall be retained on board for a period of not less than 12 months.

GIVEN under my Official Seal, this 10th day of April 1990.

JOHN P. WILSON,

Minister for the Marine.

EXPLANATORY NOTE.

These Rules revoke the Merchant Shipping (Musters) Rules, 1983 ( S.I. No. 316 of 1983 ). They give effect to the provisions concerning musters, drills and related training in Chapter III of the Second (1983) Amendments to the International convention for the Safety of Life at Sea which came into force internationally on 1st July, 1986.

The principal changes from the Merchant Shipping (Musters) Rules, 1983 are:

(1) the content of an abandon ship drill is prescribed in detail (Rule 6),

(2) the training of crew members is prescribed in more detail (Rule 7); and

(3) training in the use of davit-launched liferafts is prescribed (Rule 7 (4)).