S.I. No. 267/1954:

MERCHANT SHIPPING (FEES) ORDER, 1954.

MERCHANT SHIPPING (FEES) ORDER, 1954.

I, WILLIAM NORTON, Minister for Industry and Commerce, in exercise of the powers conferred on me by the Merchant Shipping Acts, 1894 to 1952, and of every and any other power me in this behalf enabling, with the consent of the Minister for Finance, hereby order as follows :--

1.--(1) This Order may be cited as the Merchant Shipping (Fees) Order, 1954.

(2) This Order shall come into operation on the 1st day of January, 1955.

2. The fees, charges and expenses set out in the First Schedule hereto shall be chargeable in connection with surveys of ships and other mercantile marine services.

3. The fees set out in the Second Schedule hereto shall be chargeable for the registration, transfer and mortgage of ships and for certain other services.

4. The fees set out in the Third Schedule hereto shall be chargeable for certain services by Receivers of Wreck.

5. The Merchant Shipping (Fees) Order, 1940 ( S. R. & O. No. 36 of 1940 ), and the Merchant Shipping (Fees) Order, 1940 (Amendment) Order, 1949 ( S.I. No. 236 of 1949 ), are hereby revoked.

FIRST SCHEDULE.

FEES AND EXPENSES PAYABLE IN CONNECTION WITH THE ISSUE OF CERTIFICATES, SURVEYS OF SHIPS AND OTHER MERCANTILE MARINE SERVICES.

NOTES.

(1) Except where otherwise stated, the appropriate fees must be paid before any survey, inspection or service can be undertaken. In cases where the fee cannot be assessed beforehand (e.g. tonnage measurements), a deposit sufficient to cover the probable charge is required and any outstanding expenses or balance of fees must be paid before the case is completed.

(2) Fees and expenses under the First Schedule must in every case be paid to the Superintendent of a Mercantile Marine Office and not to Surveyors.

(3) An official receipt is given for all payments.

PASSENGER STEAMER CERTIFICATES AND SAFETY CERTIFICATES.

1. Fees for a passenger steamer's certificate or a safety certificate or a passenger steamer's certificate combined with a safety certificate or a qualified safety certificate together with an exemption certificate for :--

NOTES.

(1) The fees specified at subparagraph (a) above must be paid in full in respect of a new ship or a ship coming under survey for the first time even though a certificate for twelve months may not be required. In other cases when a certificate for less than twelve months is required the fee will be in proportion to the period from the date of termination of the survey to the date of expiration of the certificate at the rate of 1/12th of the full fee for each month or part of a month but in no case shall less than 3/12ths of a twelve months' fee be paid nor less than £9 9s. for a vessel not exceeding 100 tons gross or £14 for a ship exceeding that tonnage.

(2) In any case in which the duration of the certificate has been limited by the Surveyor's declaration owing to special reasons rendering one or more further surveys necessary within the ensuing twelve months the total fees paid for certificates covering the period of twelve consecutive months shall not exceed that payable for a twelve months' certificate.

(3) The fees specified at subparagraphs (a), (b) and (c)--

(i) include the fees for the survey of the ship and are not returnable when the survey has been carried out, and the certificate cannot be issued due to a deficiency of the hull, equipments or machinery of the ship ;

(ii) cover any number of visits which a Surveyor may require to make before granting his declaration and include the survey of the hull, boilers and propelling machinery (including the test of the material), and the inspection of the equipments of the ship, including the lights and fog signals. The full fee under subparagraphs (a) covers a survey for loadline if both surveys are made at the same time. It does not, however, include inspection of the crew spaces (para. 12 (vi) ), or measurement for tonnage (para. 6).

2. Fees for a safety equipment certificate or a qualified safety equipment certificate together with an exemption certificate.

These fees include the survey of life saving appliances, fire appliances, lights and fog signals and the issue of the certificate and of form Surveys 183 (Record of Safety Equipment) in duplicate.

3. Fees for a radio certificate or a qualified radio certificate together with an exemption certificate--

These fees are in addition to the fee for a passenger certificate or a passenger and safety certificate or a safety equipment certificate.

4. Fees for the Inspection of Life-saving appliances, Fire appliances and Pilot ladders.

The fees at subparagraphs (a) and (d) above include the issue of a report of inspection. If the boats or buoyant apparatus are for a passenger ship or for a cargo ship requiring a safety equipment certificate the fees are in addition to the usual fees for a certificate. If the boats are supplied to a cargo steamer not requiring a safety equipment certificate and a subsequent inspection of the whole of the life-saving appliances is made under sub-paragraph (a) (i) of this paragraph only the balance of the fees under that sub-paragraph will be charged.

5. Fees for Inspection of Radio Installation.

6. Fees for Measurement of Ships Tonnage.

I. Ordinary Tonnage measurement

NOTES.

(1) If a vessel previously measured under Rule II is re-measured under Rule I, the full fee prescribed in sub-paragraph (a) (i) is payable without any deduction for measurement under Rule II.

(2) The fees paid in accordance with scales set out at subparagraph (a) (i) and (ii) cover any number of visits which the Surveyor may find it necessary to make before he is able to complete the survey. It also covers the inspection of crew spaces and lights and fog signals, if the Surveyor is able to make these inspections on the occasion on which the measurement is performed, but not otherwise. For any further visits necessary for the completion of inspection of crew spaces and lights and fog signals, further fees in accordance with paragraphs 12 (vi) and 12 (vii) will be charged.

(3) The fee for re-measurement under section 79 (1) (a) (i) of the Merchant Shipping Act, 1894, includes the inspection of crew spaces if made at the same time as the re-measurement.

II. Re-measurement of foreign ships for renewal of tonnage certificate or for ships seeking re-registry (including issue of certificate)

7. SURVEY FOR LOAD LINE STANDARD FEES.

VARIATION OF STANDARD FEES.

(1) Annual survey carried through in one operation :--

For every annual survey of any ship over 500 tons (classed or unclassed) which is carried through in one operation there shall be paid--

(a) the standard fee, and

(b) in addition, a single fee of £4 15s. if for the purposes of the survey, more than one visit is paid to the ship by the Surveyor.

(2) Annual survey not carried through in one operation

For every annual survey of any ship (classed or unclassed) which is not carried through in one operation there shall be paid--

(a) the standard fee,

(b) in addition, a fee of £4 15s. for every partial annual survey, and

(c) for any ship over 500 tons, in addition, a single fee of £4 15s. for every partial annual survey in respect of which for the purposes of the partial annual survey, more than one visit is paid to the ship by the Surveyor.

(3) Renewal survey carried out concurrently with a special survey for classification purposes :--

In the case of the survey of a classed ship for renewal of the Load Line Certificate, the fee in column (2) shall be paid if the renewal is carried out concurrently with a special survey for classification purposes, for which a fee is charged. Otherwise the fee will be a 50 per cent. of that in column (1).

(4) Issue or renewal survey carried out concurrently with survey for Passenger or Passenger and Safety Certificate :--

Where the survey for the issue or renewal of a Load Line Certificate is carried out by a Surveyor concurrently with that for a Passenger or Passenger and Safety Certificate, and the ship is :--

(a) a classed ship--no fee will be charged under column (1) or column (2).

(b) an unclassed ship--half the fee under column (4) or column (5) shall be paid.

(5) Annual survey carried out concurrently with survey for Passenger or Passenger and Safety Certificate :--

Where the annual load line survey is made at the same time as the survey for the issue of a Passenger or Passenger and Safety Certificate no fee will be charged under column (3) or column (6).

(6) Survey where minor alterations have been made to a ship :--

Where minor alterations have been made to a ship having a Load Line Certificate in force, which involve an alteration of the freeboard but do not require a full survey, the fee in column (2) shall be paid whether the ship is classed or unclassed.

(7) Partial survey for issue of a short-term certificate :--

Where for special reasons a partial survey is made and a certificate is issued or renewed for a period not exceeding twelve months, one half of the standard fee appropriate to a full survey shall be paid.

8. FEES FOR SURVEY FOR SEAWORTHINESS :

(a) for the survey of a ship by a direction of a Court under section 463 of the Merchant Shipping Act, 1894,

Note.--These fees do not include any other service.

(b) for the survey of a ship finally detained or where it appears that a ship provisionally detained was at the time of that detention an unsafe ship--

(i) if detained because of overloading, improper loading, insufficient ventilation of coal cargoes, undermanning, or defective equipments, such as chronometers or charts, the fee payable shall be that prescribed in subparagraph (a) (i) of this paragraph ;

(ii) if the ship is detained because of defective hull or machinery the fee payable shall be that prescribed in subparagraph (a) (ii) of this paragraph.

(c) for the survey of a ship detained under Part II of the Merchant Shipping (Safety and Loadline Convention) Act, 1933,

(i) for the submersion of the appropriate Load Line the fee payable shall be that prescribed in subparagraph (a) (i) of this paragraph ;

(ii) for being unmarked or being improperly marked with load lines or for failure to deliver up an expired Load Line Certificate

(d) survey for seaworthiness at owners request--

(e) for survey before transfer to a foreign flag the fees payable shall be those set out in subparagraph (a) (ii) of this paragraph.

9. Survey for seaworthiness prior to re-registry, of a ship whose register has been closed on account of wreck, etc.

Fee for the survey and certificate under Section 54 of the Merchant Shipping Act, 1894 :

This fee covers :

(i) inspection of crew spaces and lights and fog signals ;

(ii) survey for load-line, except in the case of hulks and lighters, provided the load line survey is held at the same time as the survey for seaworthiness and provided the fee for survey for loadline is not the greater in which case the balance is payable.

10. Survey of Ships prior to change of name.

Fee for authorising the change of name of a ship

This fee is payable in all cases without reference to the description or employment of the vessel, and covers the inspection of marking, the change of name on the loadline, Suez and Panama Canal Certificates, the replacement of safety equipment, safety radio-telegraphy, safety radio-telephony or exemption certificates as may be required by fresh certificates in the new name, and, in the case of ships holding passenger certificates the issue of fresh declarations showing the new name and any alterations in the ownership and port of registry.

11. FEES FOR THE EXAMINATION OF PLANS

(a) Designs of hulls of proposed passenger ships

Note.--The foregoing fees which relate to the examination of preliminary plans are additional to any fees which may later become chargeable for other services.

(b) Designs of boilers, machinery, etc.

(c) Loading of Grain Cargoes

12. FEES FOR MISCELLANEOUS SURVEYS AND INSPECTIONS.

When a ship under construction is surveyed as for a passenger certificate and a certifying letter is issued instead of a passenger certificate owing to the survey being incomplete in regard to certain details, such as life saving appliances or passenger accommodation, the fee for the survey is the sum of the appropriate fees chargeable for the different items included in the certifying letter, as if each item were surveyed separately together with the fee for the certifying letter, specified above, but subject to a maximum of twice the survey fee for a 12 months' passenger certificate.

When an existing ship which has previously been surveyed by a Surveyor appointed by the Minister for Industry and Commerce is surveyed as for a passenger certificate and a certificate of survey is issued instead of a passenger certificate, owing to the survey being incomplete in regard to certain details, such as life saving appliances or passenger accommodation, the fee for the survey and the issue of a certificate of survey is the same as that for a 12 month's passenger certificate.

(ii) Survey of Marine Boilers :--

This fee covers the inspection of the drawings and the survey of the boiler or boilers up to and including the hydraulic test, but no declaration or certificate can be issued until either the full fee for a passenger certificate (paragraph 1) or a fee of £3 10s. for a certificate of inspection has been paid. If the ship for which the boilers are intended is ultimately surveyed for a passenger certificate before the boilers have been in use these fees will be considered as a portion of the survey fee for such certificate and credit will be given for them accordingly.

(iii) Survey of ships in Dry Dock :--

This fee covers the issue of a dry docking certificate if required.

(vi) Inspection of crew spaces

If the inspection of crew spaces is made at the same time as the survey for tonnage measurement, or the survey prior to registry or re-registry, or if the Minister is satisfied that the inspection was made in consequence of an unjustified complaint, no separate fee is chargeable (see paragraphs 6 and 9).

(vii) Fees for inspection and approval of lights and fog signals.

For the inspection of lights and fog signals on any ship (including issue of surveyors' report of inspection) :

Should the inspection of lights and fog signals be carried out in conjunction with the surveys for passenger certificate (paragraph 1) or safety equipment certificate (paragraph 2) or measurement for tonnage (paragraph 6) or re-registry (paragraph 9) or clearance as an emigrant ship (paragraph 12 (iv)) the fees specified for those services cover the inspection of lights and fog signals. Where the inspection of lights and fog signals is carried out as a separate service the fees specified above shall be payable.

No fee is payable for the inspection of markings on change of name of a ship or if the ship is undergoing at the time survey for tonnage measurement incidental to registry or re-registry.

(ix) Fee for attendance of Surveyor at boat and fire drills, etc., on passenger ships--

This fee is not payable if the drill takes place during survey for a passenger certificate.

13. SURVEYOR'S EXPENSES, SURVEYS ABROAD AND OVERTIME CHARGES.

(i) Surveyor's Expenses :

No separate charge, apart from the overtime charges referred to in sub-paragraphs (iii) and (iv) of this paragraph, will be made for Surveyor's expenses or subsistence in the State in addition to the fees set out in the preceding paragraphs, except where a surveyor is called to a survey or inspection by the owner and is prepared to carry it out but is prevented from doing so by circumstances which it was within the control of the owner, his servants or agents to prevent.

(ii) Surveys abroad :

Special fee for surveys made abroad--

This fee is in addition to the relevant survey fees and the surveyor's travelling and subsistence expenses.

All fees and a deposit to cover the additional charges must be paid in advance in the case of surveys abroad and an undertaking given for the payment of any balance of fees and expenses connected with the service.

(iii) Overtime charges : (Surveyors).

For inspections of illumination from a ship of lifeboats in process of and after launching and for tests of lifeboat searchlights one-half the fees specified in this sub-paragraph.

Periods of less than one hour will be charged as one hour according to the scale.

For periods exceeding one hour, one-quarter fee will be charged for each quarter or part quarter of an hour, according to the scale.

Application for services by Surveyors out of office hours should be made on the prescribed form. The application must include an undertaking to pay the overtime charges.

The charges cover the services of all Surveyors, except that if the services of an Engineer Surveyor in addition to those of an Emigration Officer are required before an emigrant ship can be cleared, the survey made by the Engineer Surveyor will be regarded as a separate one and overtime charges will be made in respect of both officers.

Where the service cannot be commenced at the hour stated in the application or cannot be completed without interruption or if there is delay after completion, the time during which the Surveyors are kept waiting shall be charged at half the full appropriate overtime rate subject to a maximum charge of £20. This will not apply to the clearance of emigrant ships where the delay is due to circumstances outside the shipowner's control.

Time occupied in travelling will not be deemed overtime except time spent on a tender between the shore and the ship which will be charged at half the full overtime rates.

(iv) Medical Inspection :

Services by medical inspectors out of office hours :

Overtime fees in accordance with the following scale shall be charged in addition to those specified in subparagraph (iii) of this paragraph.

When attendance is required before 10 a.m. and after 5 p.m. on the same day the overtime fee will be payable in respect of each period.

These charges cover the whole of the inspection time occupied by the Medical Inspector.

Where three clear days' notice has been given of the survey or inspection and official arrangements have not allowed of the service being done within office hours, i.e., 10 a.m. to 5 p. m., no overtime charge will be made.

14. FEES FOR SERVICES BY THE STAFF OF MERCANTILE MARINE OFFICES.

FEES FOR ENGAGEMENT AND DISCHARGE OF SEAMEN

(a) For the engagement or discharge of seamen before a Superintendent :--

(b) Additional fees for the engagement and discharge of seamen on board ship :--

For each visit of a Superintendent to the ship :--

Provided that if any seamen are engaged on board a ship immediately after their discharge on board that ship the additional fee payable by reason of their engagement on board ship shall be half that specified above.

The actual travelling expenses of the Superintendent and his assistants between the Mercantile Marine Office and the ship shall be charged in addition in every case.

(e) Overtime charges--

For the attendance of staff at a Mercantile Marine Office or on board ship out of the usual office hours the following charges are payable in addition to the normal fees for the required service :--

For a service occupying less than an hour the charge shall be as for one hour according to the scale.

For a service occupying more than one hour but not an exact number of hours :--

For each period of 30 minutes or less in excess of an exact number of hours half the appropriate fee for 1 hour, the maximum charge in any one case to be limited to that for 10 hours.

If from unforeseen circumstances the service cannot be commenced at the time stated on the form of application or cannot be completed without interruption, the time during which the officers remain idle shall be charged for at half the appropriate overtime rate subject to a limit of 10 hours.

Time less than 2 hours occupied in travelling shall not be deemed to be overtime except that spent on a tender between the shore and the ship, which shall be charged for at half the appropriate rate.

(f) Waiting time during office hours.

Where the engagement or discharge of a crew takes place on board ship during office hours but does not commence at the time stated on the form of application the following charges for waiting time shall be payable :

Where the waiting time extends beyond office hours a charge for that part of the waiting time which is outside office hours shall be calculated separately at the rates specified in subparagraph (e) above.

(g) Services of Outdoor Officer.

Where an outdoor officer is required to take men engaged to another port to join a ship, the following extra charges shall be paid in advance :

For the outdoor officer :

(i) A personal allowance according to the authorised scale.

(ii) An allowance for fare by railway third class.

(iii) An allowance for passage by steamer.

(iv) A sum of 5/-for each day or part of a day employed.

(h) Indentures of Apprenticeship.

15. FEES FOR EXAMINATION FOR CERTIFICATES OF COMPETENCY AS MASTERS, MATES, ENGINEERS AND SKIPPERS AND SECOND HANDS.

For examination for a certificate of competency on each occasion on which a candidate presents himself:--

Sailing ship endorsements--

If a candidate for a Certificate of Competency fails in the sight tests only, the fee of two shillings and sixpence for the sight tests will be deducted and the balance of the fee paid will be returned. If a candidate fails in any other part of the examination for a Certificate of Competency no part of the fee will be returned.

(b) Second Class Engineer (Steam, or Motor, or combined Steam and Motor)--

First Class Engineer (Steam, or Motor, or Combined Steam and Motor)--

(c) Skippers and Second Hands--

If a candidate for a Certificate of Competency as Skipper or Second Hand fails in the sight tests only, the fee of two shillings and sixpence for examination in the sight tests will be deducted and the balance of the fee returned. If a candidate fails in any other part of the examination no part of the fee shall be returned.

A candidate for a Certificate of Competency as Master, Mate, Engineer, Skipper or Second hand or any person enquiring as to his eligibility for examination, must pay the appropriate fee before any enquiry is made as to his qualifications.

16. ABLE SEAMEN AND EFFICIENT DECK HANDS :

17. LIFEBOATMEN :

18. SIGHT TESTS :

If a candidate is required to undergo a special examination no additional fee is charged but where a candidate appeals for a special examination a fee of £2 2s. shall be payable which shall be returned if the candidate is successful.

In exceptional cases a second appeal may be allowed for which a fee of £5 5s. shall be payable.

19. SIGNAL LETTERS :

This covers the marking of the letters upon the vessels certificate of registry.

20. INSPECTION OF REGISTERS AND MISCELLANEOUS FEES.

The following fees shall be payable for the Inspection of Registers, for reference to documents, or for searches made in the records of ships and seamen, and for copies of, or extracts from, those documents (see note (a) ) :--

Notes to Paragraph 20. (a) The fees under this paragraph shall not be charged to Government Departments or to Consuls or other representatives of Foreign Governments when the inspection, etc., is required for official purposes.

The Agreement and Official Log Book of a ship for one voyage, or in case of Running Agreements (Home or Foreign Trade) for one half-year, are to be regarded as constituting one record.

When Certificates are lost by shipwreck or fire at sea, renewals or copies shall be issued without fee.

(b) This fee is for the attendance of an officer for one day only ; it applies fo the production of one document only, but the agreement and Official Log Book relating to one voyage may be regarded as one document, and in the case of a running agreement for one half-year the documents are regarded as constituting one record. When several documents have to be produced the fee shall be 12s. 6d. a day for the attendance of an officer and 2s. 6d. a day for each document produced.

(c) No charge shall be made for a book (Dis. A) when the original has been lost through shipwreck or fire at sea or for a continuation book when the original book has been filled.

21. GENERAL.

For any surveys or services not specified in this Schedule, the Minister for Industry and Commerce may charge a fee of such amount as the said Minister, with the approval of the Minister for Finance, considers appropriate.

SECOND SCHEDULE.

FEES FOR REGISTRATION, TRANSFER AND MORTGAGE OF SHIPS.

Note.--Fees under this Schedule are payable to Registrars of Ships.

(a) On Initial Registry

(b) Transfer and Mortgage.

On the transfer, transmission, registry anew, transfer of registry, mortgage and transfer of mortgage : According to the gross tonnage of ship or shares transferred (e.g., the transfer of one sixty-fourth share in a ship of 6,400 tons gross equals transfer of 100 tons gross) :--

THIRD SCHEDULE.

FEES OF RECEIVERS OF WRECK.

Note.--Fees under this Schedule are paid to Receivers of Wreck.

For every report required to be sent by the Receiver to the Secretary of Lloyd's in London--£1.

For wreck taken by the Receiver into his custody, a percentage of five per cent. upon the value thereof. But in no case shall the whole amount so payable exceed £50.

In cases where any services are rendered by a Receiver, in respect of any ship in distress, not being a wreck, or in respect of the cargo or other articles belonging thereto, the following fees instead of a percentage :--

(i) if the ship with her cargo equals or exceeds £1,200 in value, the sum of £4 for the first, and £2 for every subsequent day during which the Receiver s employed on that service ;

(ii) if the ship with her cargo is less in value than £1,200, one half of the above-mentioned sum.

GIVEN under my Official Seal this 7th day of December, 1954.

W. NORTON,

Minister for Industry and Commerce.

I consent to the making of the foregoing Order and Regulations.

GERARD SWEETMAN,

Minister for Finance.