Merchant Shipping (Pleasure Craft) (Lifejackets and Operation) (Safety) Regulations 2004
Statutory Instruments
Source: Statutory Instruments

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paragraphs: These Regulations may be cited as the Merchant Shipping (Pleasure Craft) (Lifejackets and Operation) (Safety) Regulations 2004.
Definitions
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paragraphs: In these Regulations—
“fast power craft” means a pleasure craft, other than a personal watercraft, the principal means of propulsion of which is derived from a mechanical power source and which attains or can attain a speed through or over water equal to or exceeding 17 knots;
“decked craft” means a pleasure craft which is not an open craft;
“length overall” means the overall length of a craft, extending from the most extreme point aft to a similar point at the forward end, incorporating any overhang of stern, or rake of stem;
“open craft” means a pleasure craft which does not have a cabin or below deck facilities for the use of persons and where seating, or any place on the craft used for seating, is exposed or partially exposed to the elements;
“pleasure craft” includes personal watercraft and fast power craft;
“suitable personal flotation device or lifejacket” means a personal flotation device or lifejacket—
(a) which is sufficient to give a person using it a positive buoyancy in waters which are likely to be encountered where the vessel on which it is required to be used or to be available for use is reasonably likely to be,
(b) which is appropriate to the body weight of the person who is to wear it,
and
(c) which has on it the CE conformity marking consisting of the initials “CE” taking the form of the specimen set out in Annex IV to Council Directive 89/686/EEC of 21 December 19891 (as amended by Council Directive 93/68/EEC of 22 July 19932 and Council Directive 96/58/EC of the European Parliament and the Council of 3 September 19963 ).
Application
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paragraphs: (1) These Regulations apply to pleasure craft being operated in Irish waters and to—
(a) any person on board such craft, and
(b) any person being towed by such craft or on board a vessel or object of any kind, being towed by such craft.
(2) These Regulations (other than Regulations 8 and 9) do not apply to a pleasure craft being used for rescue or other emergency purposes or for law enforcement purposes.
(3) These Regulations do not apply to rowers in boats which are—
(a) designed and specifically used for rowing in boat races and which are capable of being entered into regattas or other events recognised by the Irish Amateur Rowing Union, and
(b) of a design and type in respect of which events are held in the Olympic Games or other international rowing regattas.
Age restrictions on operation or control of pleasure craft
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paragraphs: (1) The master or owner of a personal watercraft or a fast power craft shall take all reasonable steps to ensure that a person who has not attained the age of 16 years does not operate or control the craft.
(2) The master or owner of a pleasure craft powered by an engine with a rating of more than 5 horse power or 3.7 kilowatts shall take all reasonable steps to ensure that a person who has not attained the age of 12 years does not operate or control the craft.
Carriage of personal flotation devices or lifejackets on pleasure craft (other than personal watercraft)
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paragraphs: The master or owner of a pleasure craft (other than a personal watercraft) shall ensure, that there are, at all times, on board the craft, sufficient suitable personal flotation devices or lifejackets for each person on board.
Use of personal flotation devices or lifejackets on pleasure craft (other than personal watercraft)
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paragraphs: (1) A person on a pleasure craft (other than a personal watercraft) of less than 7.0 metres length overall shall wear a suitable personal flotation device or lifejacket while on board an open craft or while on the deck of decked craft, other than when the craft is made fast to the shore or at anchor.
(2) The master or owner of a pleasure craft (other than a personal watercraft) shall take all reasonable steps to ensure that a person who has not attained the age of 16 years complies with paragraph (1) of this Regulation.
(3) The master or owner of a pleasure craft (other than a personal watercraft), which is not a craft referred to in paragraph (1) of this Regulation, shall take all reasonable steps to ensure that a person who has not attained the age of 16 years wears a suitable personal flotation device or lifejacket while on board an open craft or while on the deck of a decked craft, other than when it is made fast to the shore or at anchor.
(4) The master or owner of a pleasure craft (other than a personal watercraft) shall take all reasonable steps to ensure that a person wears a suitable personal flotation device or lifejacket, at all times while—
(a) being towed by the craft, or
(b) on board a vessel or object of any kind which is being towed by the craft.
(5) This Regulation does not apply to a person on board a pleasure craft (other than a personal watercraft), which is not under way, when the person—
(a) is wearing, putting on, or taking off, scuba diving equipment, or
(b) is about to engage in, or has just completed swimming (including snorkelling) from the craft.
Use of personal flotation devices or lifejackets on personal watercraft
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paragraphs: (1) Every person on a personal watercraft shall wear a personal flotation device or lifejacket at all times while on board, or being towed in any manner by a personal watercraft.
(2) The master or owner of a personal watercraft shall take all reasonable steps to ensure that a person who has not attained the age of 16 years complies with paragraph (1) of this Regulation.
Prohibition on operating pleasure craft while under influence of alcohol or drugs
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paragraphs: The master or owner of a pleasure craft, shall not, or shall not allow another to, operate or control or attempt to operate or control the craft while he or she or the other is under the influence of alcohol or drugs or any combination of drugs or of drugs and alcohol to such an extent as to be incapable of having proper control of the craft.
Control of consumption of alcohol or drugs on board pleasure craft
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paragraphs: (1) A person on a pleasure craft shall not consume alcohol or drugs or any combination of drugs or of drugs and alcohol while on board the craft in circumstances which could affect the safety of persons or create a disturbance on board the craft or affect the safety of other persons using Irish waters or constitute a nuisance to such persons.
(2) A person being towed or on board a vessel or object of any kind which is being towed by a pleasure craft shall not consume alcohol or drugs or any combinations of drugs or drugs and alcohol.
(3) The master or owner of a pleaure craft shall take all reasonable steps to ensure that all persons comply with paragraphs (1) and (2) of this Regulation.
Application of section 34 of Merchant Shipping Act 1992
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paragraphs: (1) Section 34 (inserted by section 44 (11) of the Merchant Shipping (Investigation of Marine Casualties) Act 2000 (No. 14 of 2000)) of the Merchant Shipping Act 1992 (No. 2 of 1992), applies to these Regulations.