S.I. No. 507/2012 - Merchant Shipping (Collision Regulations) (Ships and Water Craft on the Water) Order 2012

Type Statutory Instrument
Publication 2012-12-14
State In force
Text As published
articles 9

This is the act as published. Later amendments are not folded into the text below: each one is a separate act in this repository and an entry in this law's history.

Reform history JSON API

Notice of the making of this Statutory Instrument was published in

“Iris Oifigiúil” of 14th December, 2012.

The Government, in exercise of the powers conferred on them by sections 418 and 424 of the Merchant Shipping Act 1894 (57 & 58 Vict. c. 60) (as adapted by the Adaption of Enactments Act 1922 (No. 2 of 1922)) and by section 58 (1) of the Air Navigation and Transport Act 1936 (No. 40 of 1936), on the recommendation of the Minister for Transport, Tourism and Sport, hereby order as follows:

1.

1.

This Order may be cited as the Merchant Shipping (Collision Regulations) (Ships and Water Craft on the Water) Order 2012.

2.

2.

(1) In this Order—

“International Regulations” mean the International Regulations for Preventing Collisions at Sea 1972 made by the International Maritime Organisation, as amended by Resolutions A.464 (12), A.626 (15), A.678 (16), A.736(18), A.910(22) and A.1004(25);

“Irish ship” means a ship, other than a ship of war, known as such under section 9 of the Mercantile Marine Act 1955 (No. 29 of 1955);

“Irish water craft” means a water craft registered in the State;

“water craft” includes non-displacement craft, WIG craft and seaplanes, used or capable of being used as a means of transport on water.

3.

3.

The International Regulations as set out in Schedule 1, shall, with the exception of Rule 37 and Annex IV, constitute the collision regulations referred to in the Merchant Shipping Act 1894 (c.60), and in that Act as applied by section 58 (1) of the Air Navigation and Transport Act 1936 (No. 40 of 1936), and are hereinafter referred to as the “Collision Regulations”.

4.

4.

The Collision Regulations apply to Irish ships and Irish water craft on or above the surface of the water, wherever such ships or water craft may be.

5.

5.

The Collision Regulations apply to—

which are ships or water craft of the foreign countries which are included in the countries set out in Schedule 2, whether such ships or water craft are within the jurisdiction of the State or not, and such ships or water craft shall, for the purposes of the Collision Regulations, be treated as if they were Irish ships and water craft, respectively.

6.

6.

Nothing in this Order shall be taken to authorise the prosecution of the master or owner of a foreign ship or the pilot, officer in command or owner of a foreign water craft for any offence consisting only of an act or omission outside the jurisdiction of the State.

7.

7.

The following are revoked:

Schedule 1

Article 3

THE INTERNATIONAL REGULATIONS

PART A — GENERAL

Rule 1

Application

Rule 2

Responsibility

Rule 3

General Definitions

For the purpose of these Rules, except where the context otherwise requires:

PART B — STEERING AND SAILING RULES

Section I — Conduct of vessels in any condition of visibility

Rule 4

Application

Rules in this Section apply in any condition of visibility.

Rule 5

Look-out

Every vessel shall at all times maintain a proper look-out by sight and hearing as well as by all available means appropriate in the prevailing circumstances and conditions so as to make a full appraisal of the situation and of the risk of collision.

Rule 6

Safe Speed

Every vessel shall at all times proceed at a safe speed so that she can take proper and effective action to avoid collision and be stopped within a distance appropriate to the prevailing circumstances and conditions. In determining a safe speed the following factors shall be among those taken into account:

Rule 7

Risk of Collision

Rule 8

Action to avoid collision

Rule 9

Narrow channels

Rule 10

Traffic separation schemes

Section II — Conduct of vessels in sight of one another

Rule 11

Application

1.

Rules in this Section apply to vessels in sight of one another.

Rule 12

Sailing Vessels

Rule 13

Overtaking

Rule 14

Head-on situation

Rule 15

Crossing situation

When two power-driven vessels are crossing so as to involve risk of collision, the vessel which has the other on her own starboard side shall keep out of the way and shall, if the circumstances of the case admit, avoid crossing ahead of the other vessel.

Rule 16

Action by give-way vessel

Every vessel which is directed to keep out of the way of another vessel shall, so far as possible, take early and substantial action to keep well clear.

Rule 17

Action by stand-on vessel

Rule 18

Responsibilities between vessels

Except where Rules 9, 10 and 13 otherwise require:

Section III — Conduct of vessels in restricted visibility

Rule 19

Conduct of vessels in restricted visibility

PART C — LIGHTS AND SHAPES

Rule 20

Application

Rule 21

Definitions

Rule 22

Visibility of lights

The lights prescribed in these Rules shall have an intensity as specified in Section 8 Annex 1 to these Regulations so as to be visible at the following minimum ranges:

— a masthead light, 6 miles;

— a sidelight, 3 miles;

— a sternlight, 3 miles;

— a towing light, 3 miles;

— a white, red, green or yellow all-round light, 3 miles.

— a masthead light, 5 miles; except that where the length of the vessel is less than 20 metres, 3 miles;

— a sidelight, 2 miles;

— a sternlight, 2 miles;

— a towing light, 2 miles;

— a white, red, green or yellow all-round light, 2 miles.

— a masthead light, 2 miles,

— a sidelight, 1 mile,

— a sternlight, 2 miles,

— a towing light, 2 miles;

— a white, red, green or yellow all-round light, 2 miles.

— a white all-round light, 3 miles.

Rule 23

Power-driven vessels underway

Rule 24

Towing and Pushing

Rule 25

Sailing vessels underway and vessels under oars

Rule 26

Fishing vessels

Rule 27

Vessels not under command or restricted in their ability to manoeuvre

Rule 28

Vessels constrained by their draught

A vessel constrained by her draught may, in addition to the lights prescribed for power-driven vessels in Rule 23, exhibit where they can best be seen three all-round red lights in a vertical line, or a cylinder.

Rule 29

Pilot vessels

Rule 30

Anchored vessels and vessels aground

Rule 31

Seaplanes

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.

PART D — SOUND AND LIGHT SIGNALS

Rule 32

Definitions

Rule 33

Equipment for sound signals

Rule 34

Manoeuvring and warning signals

— one short blast to mean “I am altering my course to starboard”;

— two short blasts to mean “I am altering my course to port”;

— three short blasts to mean “I am operating astern propulsion”.

— one flash to mean “I am altering my course to starboard”;

— two flashes to mean “I am altering my course to port”;

— three flashes to mean “I am operating astern propulsion”;

— two prolonged blasts followed by one short blast to mean “I intend to overtake you on your starboard side”;

— two prolonged blasts followed by two short blasts to mean “I intend to overtake you on your port side”;

— one prolonged, one short, one prolonged and one short blast, in that order.

Rule 35

Sound signals in restricted visibility

In or near an area of restricted visibility, whether by day or night, the signals prescribed in this Rule shall be used as follows:

Rule 36

Signals to attract attention

If necessary to attract the attention of another vessel any vessel may make light or sound signals that cannot be mistaken for any signal authorised elsewhere in these Rules, or may direct the beam of her searchlight in the direction of the danger, in such a way as not to embarrass any vessel. Any light to attract the attention of another vessel shall be such that it can not be mistaken for any aid to navigation. For the purpose of this Rule the use of high intensity intermittent or revolving lights, such as strobe lights, shall be avoided.

Rule 37

Distress Signals

When a vessel is in distress and requires assistance she shall use or exhibit the signals described in Annex IV to these Regulations.

PART E — EXEMPTIONS

Rule 38

Exemptions

Any vessel (or class of vessels) provided that she complies with the requirements of the International Regulations for Preventing Collisions at Sea, 1960, the keel of which is laid or which is at a corresponding stage of construction before the entry into force of these Regulations may be exempted from compliance therewith as follows:

ANNEX I

POSITIONING AND TECHNICAL DETAILS OF LIGHTS AND SHAPES

1. Definition.

The term “height above the hull” means height above the uppermost continuous deck. This height shall be measured from the position vertically beneath the location of the light.

2. Vertical positioning and spacing of lights.

3.

Horizontal positioning and spacing of lights.

4. Details of location of direction-indicating lights for fishing vessels, dredgers and vessels engaged in underwater operations.

5. Screens for sidelights

The sidelights of vessels of 20 metres or more in length shall be fitted with inboard screens painted matt black, and meeting the requirements of Section 9 of this Annex. On vessels of less than 20 metres in length the sidelights, if necessary to meet the requirements of Section 9 of this Annex, shall be fitted with inboard matt black screens. With a combined lantern, using a single vertical filament and a very narrow division between the green and red sections, external screens need not be fitted.

6. Shapes

7. Colour specification of lights.

The chromaticity of all navigation lights shall conform to the following standards, which lie within the boundaries of the area of the diagram specified for each colour by the International Commission on Illumination (CIE).

The boundaries of the area for each colour are given by indicating the corner co-ordinates, which are as follows:

x 0.525 0.525 0.452 0.310 0.310 0.443

y 0.382 0.440 0.440 0.348 0.283 0.382

x 0.028 0.009 0.300 0.203

y 0.385 0.723 0.511 0.356

x 0.680 0.660 0.735 0.721

y 0.320 0.320 0.265 0.259

x 0.612 0.618 0.575 0.575

y 0.382 0.382 0.425 0.406

8. Intensity of lights.

I = 3.43 x 10^6 x T x D^2 x K^-D

where

I is luminous intensity in candelas under service conditions,

T is threshold factor 2 x 10^-7 lux,

D is range of visibility (luminous range) of the light in nautical miles,

K is atmospheric transmissivity.

For prescribed lights the value of K shall be 0.8, corresponding to a meteorological visibility of approximately 13 nautical miles.

Range of visibility (luminous range) of light in nautical miles D Luminous intensity of light in candelas for K = 0.8 I
1 0.9
2 4.3
3 12
4 27
5 52
6 94

Note: The maximum luminous intensity of navigation lights should be limited to avoid undue glare. This shall not be achieved by a variable control of the luminous intensity.

9. Horizontal sectors.

10. Vertical sectors

11. Intensity of non-electric lights

Non-electric lights shall, so far as practicable, comply with the minimum intensities as specified in the Table given in Section 8 of this Annex.

12. Manoeuvring light

Notwithstanding the provisions of paragraph 2(f) of this Annex the manoeuvring light described in Rule 34(b) shall be placed in the same fore and aft vertical plane as the masthead light or lights and, where practicable, at a minimum height of 2 metres vertically above the forward masthead light, provided that it shall be carried not less than 2 meters vertically above or below the after masthead light. On a vessel where only one masthead light is carried the manoeuvring light, if fitted, shall be carried where it can best be seen, not less than 2 metres vertically apart from the masthead light.

13. High Speed Craft*

Y = (a + 17ψ) C +2

1000

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;

is the trim in service condition in degrees;

C is the horizontal separation of masthead lights in metres.

14. Approval

The construction of lanterns and shapes and the installation of lanterns on board the vessel shall be to the satisfaction of the appropriate authority of the state whose flag the vessel is entitled to fly.

ANNEX II

ADDITIONAL SIGNALS FOR FISHING VESSELS FISHING IN CLOSE PROXIMITY

1. General

The lights mentioned herein shall, if exhibited in pursuance of Rule 26(d), be placed where they can best be seen. They shall be at least 0.9 metre apart but at a lower level than lights prescribed in Rule 26(b)(i) and (c)(i). The lights shall be visible all round the horizon at a distance of at least 1 mile but at a lesser distance than the lights prescribed by these Rules for fishing vessels.

2. Signals for trawlers

3. Signal for purse seiners

Vessels engaged in fishing with purse seine gear may exhibit two yellow lights in a vertical line. These lights shall flash alternately every second and with equal light and occultation duration. These lights may be exhibited only when the vessel is hampered by its fishing gear.

ANNEX III

TECHNICAL DETAILS OF SOUND SIGNAL APPLIANCES

1. Whistles

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