Merchant Shipping (Medical Examinations) Regulations 2014.
Statutory Instruments
Source: Statutory Instruments

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paragraphs: (1) These Regulations may be cited as the Merchant Shipping (Medical Examinations) Regulations 2014.
(2) These Regulations come into operation on 4 July 2014.
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paragraphs: In these Regulations—
(a) issued under Regulation 6, or
(b) a certificate, deemed under Regulation 8, to be equivalent to a medical fitness certificate issued under Regulation 6;
(a) a ship in respect of which a certificate is required to be in force in accordance with the Merchant Shipping (Load Lines) Act 1968 (No. 17 of 1968),
(b) a passenger boat of Class P5 or P6 in respect of which a passenger boat licence is required to be in force in accordance with the Act of 1992 and which proceeds to sea and operates beyond 40 miles from a sheltered harbour or bay where a vessel can safely berth alongside or be safely anchored,
(c) a passenger ship of Class I, II, II(A), III or VI in respect of which a passenger ship certificate is required to be in force in accordance with the Act of 1992,
(d) a passenger ship of Class A, B, C or D in respect of which a passenger ship safety certificate is required to be in force in accordance with the Regulations of 2011,
(e) a high-speed passenger craft in respect of which a High Speed Craft Safety Certificate and a Permit to Operate High Speed Craft outside waters of Categories A, B, C or D are required to be in force in accordance with the Regulations of 2011, or
(f) a Dynamically Supported Craft (in this paragraph referred to as a “DSC”) in respect of which a DSC Construction and Equipment Certificate, and a DSC Permit to Operate High Speed Craft outside waters of Categories A, B, C or D are required to be in force in accordance with the Regulations of 2011;
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paragraphs: These Regulations apply to all seagoing Irish ships wherever they may be.
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paragraphs: (1) The Minister—
(a) may approve a person to be an approved doctor,
(b) may approve a person to be an independent medical referee,
(c) may designate a place to be a referral centre to assess colour vision for the purpose of providing an approved doctor with the information necessary to issue a medical fitness certificate,
(d) shall specify medical standards and eyesight and hearing standards as are required for the issue of a medical fitness certificate under Regulation 6, and
(e) shall approve a standard form to be an “approved form”.
(2) The Minister may revoke an approval under paragraph (1) (a) or (b).
(3) The Minister may publish notice, by way of Marine Notice, of any of the decisions reached by the Minister under paragraph (1).
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paragraphs: (1) Subject to paragraphs (2) and (3), a shipowner or master shall not employ or continue to employ a seafarer on board a seagoing Irish ship, unless the seafarer is the holder of a medical fitness certificate that records the seafarer as fit to carry out the work for which he or she is to be employed and that is in force.
(2) Where the medical fitness certificate of a seafarer expires during the course of a voyage, a shipowner or master may continue to employ the seafarer on board a seagoing Irish ship—
(a) for a period not exceeding 3 months from the date of expiry of the medical fitness certificate, or
(b) until the first port of call at which it is possible for the seafarer to be examined and obtain a medical fitness certificate in accordance with these Regulations,
(3) The Minister may, in urgent cases and subject to paragraph (4), permit a seafarer, who is the holder of a medical fitness certificate which expired within a month before the date on which the seafarer joined a ship to which these Regulations apply, to be employed on board the ship, despite the expiry of the certificate, until the next port of call at which it is possible for the seafarer to obtain a medical fitness certificate in accordance with these Regulations.
(4) A permission under paragraph (3) shall not exceed a period of 3 months.
(5) A shipowner or master shall not employ a seafarer on board a ship to which these Regulations apply in breach of any restriction or condition recorded under Regulation 6(6) by an approved doctor on the seafarer’s medical fitness certificate.
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paragraphs: (1) A person who wishes to obtain a medical fitness certificate shall—
(a) be at least 16 years of age,
(b) provide satisfactory proof of identity to an approved doctor, and
(c) be medically examined by an approved doctor to ascertain if he or she is fit, having regard to the medical standards and eyesight and hearing standards specified by the Minister under Regulation 4(1)(d).
(2) If the effectiveness of an applicant’s colour vision is in doubt following an initial assessment by the approved doctor, the doctor may, having regard to the duties to be performed at sea by the applicant, proceed to confirmatory colour vision testing using a referral centre designated by the Minister under Regulation 4(1)(c) as being competent to assess colour vision for the purpose of providing the doctor with the necessary information to issue a medical fitness certificate.
(3) A colour vision test carried out in accordance with this Regulation shall be valid for such period, not exceeding 6 years, as is specified in a certificate.
(4) Subject to paragraph (5), where an approved doctor—
(a) medically examines an applicant, and
(b) has regard to such medical standards and eyesight and hearing standards as are specified by the Minister under Regulation 4(1)(d),
(5) A medical fitness certificate shall record whether an applicant is fit or unfit to carry out the work of a seafarer for which he or she is to be employed.
(6) A medical fitness certificate may, as an approved doctor considers appropriate—
(a) be restricted to such capacity of sea service or geographical areas as the approved doctor records on the certificate, and
(b) be subject to such conditions as the approved doctor records on the certificate having had regard to the standards specified under Regulation 4(1)(d) and the nature of the duties to be carried out by the seafarer.
(7) A seafarer who has been issued with a medical fitness certificate shall—
(a) ensure that that certificate is in his or her possession, when on board during the term of his or her employment, and
(b) produce that certificate when requested to do so by an authorised person.
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paragraphs: A medical fitness certificate shall, subject to Regulation 9, remain in force—
(a) in the case of a seafarer who has not attained the age of 18 years, for such period, not exceeding one year, as an approved doctor specifies in the certificate, and
(b) in the case of a seafarer who has attained the age of 18 years, for such period, not exceeding 2 years, as an approved doctor specifies in the certificate.
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paragraphs: A medical fitness certificate which has been issued to a seafarer by or under the authority of the Government of-
(a) another Member State, or
(b) a country which is not a Member State and which—
(i) is recognised in accordance with the International Convention on Standards, Training, Certification and Watchkeeping for Seafarers, 1978, as amended from time to time and Directive 2008/106/EC of the European Parliament and of the Council of 19 November 20082 (as last amended by Directive 2012/35/EU of the European Parliament and of the Council of 21 November 20123), and
(ii) is specified in a Marine Notice,
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paragraphs: (1) Subject to paragraph (4), where an approved doctor has reasonable grounds for believing that—
(a) there has been a significant change in the medical fitness of a seafarer during the period of validity of his or her medical fitness certificate,
(b) when a medical fitness certificate was issued to a seafarer by an approved doctor (in this paragraph referred to as a “certifying doctor”), had the certifying doctor been in possession of the full details of the seafarer’s health, the certifying doctor could not reasonably have considered that the seafarer was fit to carry out his or her duties as a seafarer, having regard to the medical standards in force at the time the certificate was issued, or
(c) a medical fitness certificate was issued to a seafarer otherwise than in accordance with these Regulations,
(i) suspend the operation of the seafarer’s medical fitness certificate until the seafarer has undergone a further medical examination,
(ii) suspend the operation of the medical fitness certificate for such reasonable period as he or she considers that the seafarer will remain unfit to go to sea, or
(iii) revoke the medical fitness certificate if he or she considers that the seafarer is likely to remain permanently unfit to go to sea,
(2) An approved doctor may direct a seafarer who holds a medical fitness certificate which has been suspended or revoked under paragraph (1) to surrender the certificate to him or her as soon as practicable after its suspension or revocation.
(3) A seafarer shall comply with a direction given under paragraph (2).
(4) This Regulation does not apply to a certificate which is deemed, under Regulation 8, to be equivalent to a medical fitness certificate issued under Regulation 6.
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paragraphs: (1) A person who, having been medically examined under these Regulations—
(a) has been issued with a medical fitness certificate stating that he or she is not fit to carry out his or her duties as a seafarer,
(b) has had restrictions or conditions recorded on his or her medical fitness certificate in accordance with Regulation 6(6), or
(c) has had his or her medical fitness certificate suspended for a period of more than 3 months or revoked pursuant to Regulation 9,
(2) The Minister shall specify, by way of Marine Notice, the procedures governing the conduct and consideration of a review under paragraph (1).
(3) The decision of a medical referee shall be final.
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paragraphs: (1) A shipowner or a master who contravenes Regulation 5(1), (2) or (5) commits an offence and is liable on summary conviction to a class A fine.
(2) A seafarer who fails to comply with Regulation 6(7)(a) or 9(3) commits an offence and is liable on summary conviction to a class A fine.
(3) A person who—
(a) knowingly gives false or misleading information for the purposes of the issuing of a medical fitness certificate,
(b) forges a document which purports to be a medical fitness certificate,
(c) with intent to deceive, uses or alters a medical fitness certificate,
(d) with intent to deceive, permits the use of or the alteration of a medical fitness certificate, or
(e) with intent to deceive, uses a forged document purporting to be a medical fitness certificate,
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paragraphs: Summary proceedings for an offence under these Regulations may be brought and prosecuted by the Minister.
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paragraphs: Subject to Regulation 9, a medical fitness certificate issued to a seafarer under the Merchant Shipping (Medical Examinations) Regulations 2005 ( S.I. No. 701 of 2005 ) continues in force until the expiry date specified in the certificate.
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paragraphs: The Merchant Shipping (Medical Examinations) Regulations 2005 ( S.I. No. 701 of 2005 ) are revoked.