STATUTORY INSTRUMENTS

S.I. No. 47 of 2005

COLLISION REGULATIONS (SHIPS AND WATER CRAFT ON THE WATER) (AMENDMENT) O R D E R 2005

Collision Regulations (Ships and Water Craft on the Water) (Amendment) Order 2005

The Government, in exercise of the powers conferred on them by sections 418 and 424 of the Merchant Shipping Act 1894, as adapted by section 58 of the Air Navigation and Transport Act 1936 ( No. 40 of 1936 ), hereby, on the recommendation of the Minister for Communications, Marine and Natural Resources, order as follows:

1.         (1)      This Order may be cited as the Collision Regulations (Ships and Water Craft on the Water) (Amendment) Order 2005.

(2)      The Collision Regulations (Ships and Water Craft on the Water) Orders 1984 to 1993 and this Order may be cited together as the Collision Regulations (Ships and Water Craft on the Water) Orders 1984 to 2005.

2.         In this Order “Principal Order” means the Collision Regulations (Ships and Water Craft on the Water) Order 1984 ( S.I. No. 29 of 1984 ).

3.         The Principal Order is amended:

(a)        in Rule 3 of the First Schedule -

(i)         by substituting the following for paragraph (a):

“(a)      The word ‘vessel’ includes every description of water craft, including non-displacement craft, WIG craft and seaplanes, used or capable of being used as a means of transportation on water.”,

and

(ii)        by inserting the following after paragraph (1):

“(m)     The term ‘Wing-In-Ground (WIG) craft’ means a multimodal craft which, in its main operational mode, flies in close proximity to the surface by utilizing surface-effect action.”;

(b)        in Rule 8 of the First Schedule by substituting the following for paragraph (a):

“(a)       Any action to avoid collision shall be taken in accordance with the Rules of this Part and shall, if the circumstances of the case admit, be positive, made in ample time and with due regard to the observance of good seamanship.”;

(c)        in Rule 18 of the First Schedule by inserting the following after paragraph (e):

“(f)       (i)         a WIG craft shall, when taking off, landing and in flight near the surface, keep well clear of all other vessels and avoid impeding their navigation;

(ii)        a WIG craft operating on the water surface shall comply with the Rules of this Part of this Schedule as a power-driven vessel.”;

(d)        in Rule 23 of the First Schedule by substituting the following for paragraph (c):

“(c)      A WIG craft only when taking off, landing and in flight near the surface shall, in addition to the lights prescribed in paragraph (a) of this Rule, exhibit a high intensity all-round flashing red light.

(d)       (i)         A power-driven vessel of less than 12 metres in length may in lieu of the lights prescribed in paragraph (a) of this Rule exhibit an all-round white light and sidelights;

(ii)        a power-driven vessel of less than 7 metres in length whose maximum speed does not exceed 7 knots may in lieu of the lights prescribed in paragraph (a) of this Rule exhibit an all-round white light and shall, if practicable, also exhibit sidelights;

(iii)       the masthead light or all-round light on a power-driven vessel of less than 12 metres in length may be displaced from the fore and aft centreline of the vessel if centreline fitting is not practicable, provided that the sidelights are combined in one lantern which shall be carried on the fore and aft centreline of the vessel or located as nearly as practicable in the same fore and aft line as the masthead light or the all-round white light.”;

(e)        in Rule 26 of the First Schedule -

(i)         in paragraph (b)(i) and paragraph (c)(i) by deleting “a vessel of less than 20 metres in length may instead of this shape exhibit a basket;”, and

(ii)        by substituting the following for paragraph (d):

“(d)      The additional signals described in Annex II to these Regulations apply to a vessel engaged in fishing in close proximity to other vessels engaged in fishing.”;

(f)        by substituting the following for Rule 31 of the First Schedule:

“31.  Where it is impracticable for a seaplane or a WIG craft to exhibit lights and shapes of the characteristics or in the positions prescribed in the Rules of this Part she shall exhibit lights and shapes as closely similar in characteristics and position as is possible.”;

(g)        by substituting the following for Rule 33(a) of the First Schedule:

“(a)       A vessel of 12 metres or more in length shall be provided with a whistle, a vessel of 20 metres or more in length shall be provided with a bell in addition to a whistle, and a vessel of 100 metres or more in length shall, in addition, be provided with a gong, the tone and sound of which cannot be confused with that of the bell. The whistle, bell and gong shall comply with the specification in Annex III to these Regulations. The bell or gong or both may be replaced by other equipment having the same respective sound characteristics, provided that manual sounding of the required signals shall always be possible.”;

(h)        in Rule 35 of the First Schedule by substituting the following for paragraphs (i) and (j):

“(i)       A vessel of 12 metres or more but less than 20 metres in length shall not be obliged to give the bell signals prescribed in paragraphs (g) and (h) of this Rule. However, if she does not, she shall make some other efficient sound signal at intervals of not more than 2 minutes.

(j)        A vessel of less than 12 metres in length shall not be obliged to give the above-mentioned signals but, if she does not, shall make some other efficient sound signal at intervals of not more than 2 minutes.

(k)        A pilot vessel when engaged on pilotage duty may in addition to the signals prescribed in paragraphs (a), (b) or (g) of this Rule sound an identity signal consisting of four short blasts.”;

(i)         by inserting the following after section 3(c) of Annex I to the First Schedule:

“(d)      When only one masthead light is prescribed for a power driven vessel, this light shall be exhibited forward of amidships; except that a vessel of less than 20 metres in length need not exhibit this light forward of amidships but shall exhibit it as far forward as is practicable.”;

(j)        by substituting the following for section 9(b) of Annex I to the First Schedule:

(b)        (i)        All-round lights shall be so located as not to be obscured by masts, topmasts or structures within angular sectors of more than 6 degrees, except anchor lights prescribed in Rule 30, which need not be placed at an impracticable height above the hull.

(ii)        If it is impracticable to comply with paragraph (b)(i) of this paragraph by exhibiting one all-round light, two all-round lights shall be used suitably positioned or screened so that they appear, as far as practicable, as one light at a distance of one mile.”;

(k)        by inserting the following after section 12 of Annex I to the First Schedule:

“13.      High-speed craft

(a)        The masthead light of high-speed craft may be placed at a height related to the breadth of the craft lower than that prescribed in paragraph 2(a)(i) of this annex, provided that the base angle of the isosceles triangles formed by the sidelights and masthead light, when seen in end elevation, is not less than 27°.

(b)       On high-speed craft of 50 metres or more in length, the vertical separation between foremast and mainmast light of 4.5 metres required by paragraph 2(a)(ii) of this annex may be modified provided that such distance shall not be less than the value determined by the following formula:

where:

y          is the height of the mainmast light above the foremast light in metres;

a          is the height of the foremast light above the water surface in service condition in metres;

Ψ         is the trim in service condition in degrees;

C         is the horizontal separation of masthead lights in metres.

14.      Approval

The construction of lights and the installation of lights on board the vessel shall be to the satisfaction of the appropriate authority of the State whose flag the vessel is entitled to fly.”;

(1)        by substituting the following for section 2 of Annex II to the First Schedule:

“2. Signals for trawlers

(a)       Vessels of 20 metres or more in length when engaged in trawling, whether using demersal or pelagic gear, shall exhibit:

(i)        when shooting their nets: two white lights in a vertical line;

(ii)        when hauling their nets: one white light over one red light in a vertical line;

(iii)       when the net has come fast upon an obstruction: two red lights in a vertical line.

(b)        Each vessel of 20 metres or more in length engaged in pair trawling shall exhibit:

(i)         by night: a searchlight directed forward and in the direction of the other vessel of the pair;

(ii)        when shooting or hauling their nets or when their nets have come fast upon an obstruction, the lights prescribed in 2(a) above.

(c)        A vessel of less than 20 metres in length engaged in trawling, whether using demersal or pelagic gear or engaged in pair trawling, may exhibit the lights prescribed in subparagraph (a) or (b) of this paragraph as appropriate.”;

(m)       by substituting the following for section 1(a) of Annex III to the First Schedule:

“(a)      Frequencies and range of audibility

The fundamental frequency of the signal shall lie within the range 70-700Hz. The range of audibility of the signal from a whistle shall be determined by those frequencies, which may include the fundamental and/or one or more higher frequencies, which lie within the range 180-700Hz (+/-1%) for a vessel of 20 metres or more in length, or 180-2100Hz (+/-1%) for a vessel of less than 20 metres in length and which provide the sound pressure levels specified in paragraph 1 (c) below.”;

(n)        by substituting the following for section 1 (c) of Annex III to the First Schedule:

“(c)       Sound signal intensity and range of audibility

A whistle fitted in a vessel shall provide, in the direction of maximum intensity of the whistle and at a distance of 1 metre from it, a sound pressure level in at least one 1/3^rd-octave band within the range of frequencies 180-700Hz (+/-1%) for a vessel of 20 metres or more in length, or 180-2100Hz (+/-1%) for a vessel of less than 20 metres in length, of not less than the appropriate figure in the table below:

(o)        by substituting the following for section 2(b) of Annex III to the First Schedule:

“(b)      Construction

Bells and gongs shall be made of corrosion-resistant material and designed to give a clear tone. The diameter of the mouth of the bell shall be not less than 300mm for vessels of 20 metres or more in length. Where practicable, a power-driven bell striker is recommended to ensure constant force but manual operation shall be possible. The mass of the striker shall be not less than 3 per cent of the mass of the bell.”;

and

(p)        by substituting the following for section 1 (n) of Annex IV to the First Schedule:

“(n)      signals transmitted by emergency position-indicating radio beacons;

(o)       approved signals transmitted by radio communication systems, including survival craft radar transponders.”.

EXPLANATORY NOTE

(This note is not part of the Instrument and does not purport to be a legal interpretation)

This Order amends the Collision Regulations (Ships and Water Craft on the Water) Order 1984 ( S.I. No. 29 of 1984 ) in order to provide for amendments adopted by the International Maritime Organisation to the International Regulations for Preventing Collisions at Sea 1972 which came into force on 29^th November 2003.