PART III

Passenger Boats

14. —(1) A vessel shall not be used as a passenger boat unless a licence is in force in relation to it.

(2) If in respect of a vessel there is a contravention of subsection (1), the owner and the master of the vessel shall each be guilty of an offence and shall each be liable—

(a) on summary conviction, to a fine not exceeding £1,000 or to imprisonment for a term not exceeding 6 months or to both, or

(b) on conviction on indictment, to a fine not exceeding £5,000 or to imprisonment for a term not exceeding 2 years or to both.

15. —(1) On application to the Minister in that behalf by the owner of a vessel, the Minister shall, subject to subsection (5), grant a licence to the owner in relation to the vessel (which shall be known as a passenger boat licence and is referred to in this Act as “a licence”) if, but only if, an authorised person has inspected the vessel not more than 2 months before the date of the application and has stated in a report of the inspection to the Minister in writing that, in his opinion—

(a) the vessel is suitable, subject to such conditions and restrictions (if any) as he may specify, for use as a passenger boat, and

(b) if regulations under section 18 are in force, that it complies with the regulations.

(2) A licence shall contain requirements as to—

(a) the limits (if any) beyond which the vessel shall not ply, and

(b) the maximum number of persons that the vessel concerned is fit to carry.

(3) A licence shall be subject to such conditions and restrictions (if any) as the Minister may impose, at the time of the grant of the licence or subsequently, and any such conditions or restrictions shall be specified in the licence or in another document given or sent to the holder of the licence by the Minister.

(4) Subject to the provisions of this section, a licence shall be in such form as the Minister may determine.

(5) A licence shall, unless previously revoked or suspended, remain in force for such period not exceeding 2 years as the Minister may determine and specify in the licence.

(6) Notwithstanding anything contained in a report for the purposes of subsection (1), if the owner of the vessel concerned has been convicted of—

(a) an offence under subsection (7) (c), or

(b) any other offence that, in the opinion of the Minister, is of such a nature that, in the interests of safety, the person should not be the holder of a licence in relation to the vessel,

the Minister may refuse to grant a licence in relation to the vessel to the person.

(7) If in respect of a vessel there is a failure or refusal to comply with a condition, restriction or requirement specified in the licence relating to it, the owner (or, if the vessel is on hire, the person to whom it is on hire) and the master shall each be guilty of an offence and shall be liable—

(a) on summary conviction, to a fine not exceeding £1,000 or to imprisonment for a term not exceeding 6 months or to both, or

(b) on conviction on indictment of an offence consisting of a failure or refusal to comply with a condition or restriction specified in the licence, to a fine not exceeding £5,000 or to imprisonment for a term not exceeding 2 years or to both, or

(c) on conviction on indictment of an offence consisting of a failure or refusal to comply with a requirement specified in the licence, to a fine not exceeding £50,000 or to imprisonment for a term not exceeding 2 years or to both.

16. —(1) If the Minister is satisfied that—

(a) the report of an authorised person furnished to the Minister for the purpose of the grant of a licence was in any material particular made erroneously,

(b) information furnished to the Minister in relation to the grant of a licence was false or misleading in a material particular, or

(c) since the furnishing of such a report as aforesaid to the Minister, the hull, equipment or machinery of the vessel concerned has suffered any damage or the vessel has become unsuitable for the carriage of passengers or for the carriage of the maximum number of passengers specified in the licence or for plying to the limits so specified,

he may, if he considers it appropriate to do so, revoke the licence.

(2) The Minister may, if he considers it appropriate to do so, revoke or suspend a licence if there is a failure or refusal to comply with a condition, restriction or requirement specified in the licence.

(3) If a licence is suspended, the Minister may, if he so thinks fit, refuse to remove the suspension unless an authorised person has inspected the vessel concerned since the suspension and has stated in a report of the inspection to the Minister in writing that, in his opinion—

(a) the vessel is suitable, subject to such conditions and restrictions (if any) as he may specify, for use for hiring or for the carriage of passengers, and

(b) if regulations under section 18 are in force, it complies with the regulations.

17. —(1) (a) An authorised officer may request the master of a passenger boat to produce—

(i) the licence in respect of the boat or a copy thereof, or

(ii) proof of compliance in relation to the boat with any regulations under section 18 (2) (d),or both and, if the master fails or refuses to do so forthwith, he shall be guilty of an offence unless, within 10 days after the date of the request, he produces the licence or copy or, as the case may be, the proof in person to an authorised officer at a place specified by the authorised officer at the time of the request or to a member of the Garda Síochána at a Garda Síochána station so specified.

(b) In a prosecution for an offence under this subsection, it shall be presumed, unless the contrary is shown by the defendant, that he did not within 10 days after the date of the request concerned produce a licence or copy, or, as the case may be, the proof referred to in paragraph (a), in accordance with that paragraph.

(c) A person who, when the production of a licence or a copy of a licence or the proof aforesaid is requested of him under this section, does not produce the licence or copy or, as the case may be, the proof aforesaid because a licence was not in force at the time of the request in respect of the passenger boat concerned or does not produce such proof because of non-compliance in respect of the passenger boat concerned with regulations under section 18 (2) (d) shall be deemed, for the purposes of paragraph (a), to fail to produce the licence or a copy thereof or, as the case may be, the proof aforesaid.

(2) A vessel shall not be used as a passenger boat unless there is painted on the outside of each side of the vessel above the waterline, in a colour contrasting with that of the outside of the vessel and in letters and figures that are not less than 3 centimetres in height and are formed by lines that are not less than one-half centimetre in width—

(a) the first name and the surname of the owner of the vessel, the serial number of the licence in relation to the vessel, and

(b) an indication, in the form “licensed to carry..........passengers” or in the form “ceadúnaithe chun..........paisinéirí a iompar”, that the vessel is the subject of a licence and of the maximum number of passengers whose carriage in the vessel is authorised by the licence.

(3) (a) A person guilty of an offence under subsection (1) (a) shall be liable, on summary conviction, to a fine not exceeding £200.

(b) If in relation to a vessel there is a contravention of subsection (2), the owner and the master of the vessel shall each be guilty of an offence and shall each be liable on summary conviction to a fine not exceeding £500.

18. —(1) The Minister may by regulations make such provision as he considers necessary or expedient for the purpose of ensuring the safety of passenger boats and their passengers and crews.

(2) Without prejudice to the generality of subsection (1), regulations under subsection (1) may—

(a) require passenger boats to comply with specified standards of seaworthiness (including stability),

(b) require passenger boats to comply with specified standards of construction and maintenance,

(c) require specified classes of passenger boats to carry one or more of the following, that is to say, specified life-saving, fire-fighting, radio and navigation equipment,

(d) prohibit the having on board or the carriage of passengers by vessels, or specified classes of vessels, the subject of licences unless there are in force policies of insurance under which the owners of the vessels or, if the vessels are on hire, the persons to whom they are on hire are insured to a specified extent against specified risks, and

(e) make provision for ascertaining and testing the standards of competence of masters and of any other members of the crews of vessels the subject of licences, whether by examination, interview or otherwise, and the prohibition of those who do not reach such standards of competence as the Minister considers appropriate from working as masters or, as the case may be, other members of the crews of such vessels and the prohibition of owners of such vessels from employing as captains or other members of the crews of the vessels those who do not reach such standards as aforesaid.

(3) Regulations under this section may make provision for such consequential, incidental, ancillary and supplementary matters (including, with the consent of the Minister for Finance, the charging of fees) as the Minister considers necessary or expedient.

(4) Different provision may be made in regulations under this section for different classes of passenger boats.

(5) (a) If in respect of a vessel there is a contravention of a regulation under this section (other than subsection (2) (d)), the owner and the master of the vessel shall each be guilty of an offence and shall each be liable on summary conviction to a fine not exceeding £1,000 or to imprisonment for a term not exceeding 6 months or to both.

(b) If, in respect of a vessel, there is a contravention of a regulation under subsection (2) (d), the owner of the vessel (or, if the vessel is on hire, the person to whom it is on hire) and the master of the vessel shall each be guilty of an offence and shall each be liable—

(i) on summary conviction, to a fine not exceeding £1,000 or to imprisonment for a term not exceeding 6 months or to both, or

(ii) on conviction on indictment, to a fine not exceeding £50,000 or to imprisonment for a term not exceeding 2 years or to both.