Merchant Shipping (Passenger Counting and Recording Systems) Rules, 1992.
Statutory Instruments
Source: Statutory Instruments

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paragraphs: (1) These Rules may be cited as the Merchant Shipping (Passenger Counting and Recording Systems) Rules, 1992 and shall come into operation on the 14th day of December, 1992.
(2) In these Rules—
"landing point" means any berth, excursion point, floating pier or stage, link span, pier, port or stop from which passengers board or disembark from a passenger ship;
"Marine Notice" means a Notice described as such and issued by the Department of the Marine;
"the Minister" means the Minister for the Marine;
"passenger" has the meaning assigned to it by section 2 (1) of the Merchant Shipping Act, 1992 (No. 2 of 1992);
"passenger ship" means a ship carrying more than 12 passengers of Class IV, V or VI (within the meaning of the Merchant Shipping (Passenger Ship Construction and Survey) Rules, 1985 ( S.I. No. 274 of 1985 )) and to which section 427 of the Merchant Shipping Act, 1894, applies.
(3) A reference in these Rules to a Marine Notice includes a reference to any subsequent Notice amending or replacing that Notice.
(4) A reference in these Rules to a numbered Rule is a reference to the Rule of that number in these Rules.
(5) An approval given by the Minister under these Rules
( a ) shall be given in writing,
( b ) shall specify the date from which it is to have effect,
( c ) may be subject to conditions which shall be specified in the approval.
2 Operation of passenger counting and recording system.
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paragraphs: (1) The owner and the master of a passenger ship shall each ensure that there is in operation in respect of that ship a passenger counting and recording system which—
( a ) conforms to the requirements in paragraphs (2) and (3) of this Rule and in a Marine Notice; and
( b ) is approved by the Minister.
(2) A passenger counting and recording system referred to in paragraph (1) of this Rule shall operate so that—
( a ) all passengers boarding the passenger ship at a landing point at the beginning of a journey are counted individually on, or just prior to, boarding and, as the case may be—
(i) all passengers disembarking at subsequent landing points, during the course of a journey, are counted individually as they disembark,
(ii) all passengers boarding at subsequent landing points, during the course of a journey, are counted individually on, or just prior to, boarding,
(iii) the number of passengers remaining on board at each landing point is determined;
or
( b ) the number of passengers is determined according to a method other than that referred to in sub-paragraph (a) of this paragraph and that method is approved by the Minister as being of equivalent effectiveness in determining and recording passenger numbers as the aforesaid method.
(3) Immediately before a passenger ship leaves its landing point—
( a ) the total number of passengers on board at that time shall be determined by means of a passenger counting and recording system,
( b ) the master shall be informed of that number and a record of that number and the number of crew members on board shall be placed with, or communicated to, a person ashore who is nominated by the owner of the ship.
(4) The nominated person referred to in paragraph (3) of this Rule shall at all times the ship is at sea or on any voyage or excursion be capable of being contacted by any person who may be concerned in the rescue of, or search for, passengers, following any incident or emergency involving the ship or passengers on board the ship. The name of the nominated person and a telephone number at which he may be contacted shall be made available to the Department of the Marine.
(5) The owner and the master of a passenger ship shall each ensure that the arrangements made for the purposes of complying with the preceding provisions of this Rule are described in written instructions. The master shall keep those instructions on board the ship at all times in his custody.
(6) No passenger ship shall leave its landing point unless the requirements of paragraph (3) of this Rule have been complied with.
3 Retention of records and documents.
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paragraphs: (1) ( a ) The owner and the master of a passenger ship shall each ensure that the number of passengers boarding or disembarking from the ship on a journey, as determined in accordance with the passenger counting and recording system, and the number of crew on board the ship are recorded in writing and, together with any documents used in determining the said numbers, are placed ashore (or communicated ashore and recorded in writing there) at the beginning of the journey and at each subsequent landing point.
( b ) The owner and the master of a passenger ship shall each ensure that each record and document as aforesaid is retained in a safe place ashore for a period of one week from the date of its being placed ashore or, as the case may be, its subject matter being communicated ashore or for such longer or shorter period as may be specified in a Marine Notice.
(2) Any person duly authorised by the Minister shall be furnished with such information relating to the operation of the passenger counting and recording system as he may request including, if he so requests, for retention by him or otherwise as he may specify any records or documents which have been retained under paragraph (1) of this Rule.
4 False Statements.
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paragraphs: A person shall not knowingly or recklessly make any false statement liable or intended to lead to error in the determination for the purposes of these Rules of the number of passengers on a passenger ship or falsify a record or document referred to in Rule 3.
5 Exemptions.
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paragraphs: (1) The Minister may exempt from all or any of the provisions of these Rules (which shall be specified in the exemption), on such terms (if any) specified by him in the exemption, any class of passenger ship defined by him for the purposes of this Rule if he is satisfied that compliance with such provisions or provision is either impracticable or unreasonable in the case of that class of ship.
(2) The Minister may, subject to giving reasonable notice to the person concerned, amend or revoke an aforesaid exemption.