1.4.2 Future registration developments – Merchant Shipping (Registration of Ships) Act 2014 (No. 43 of 2014)

the person should ensure that his or her yacht is registered on the national register while operating abroad in order to comply with national statutory ship registration requirements.

The 1955 Act does not discriminate between recreational and commercial craft – all are regarded as ships (unless propelled by oars) for the purpose of registration. The Act also defines those persons that may register a boat under the Irish flag as follows:

Legislation

As a general guide, many boats greater than 12 metres (40 ft) in length would likely equate to the 15 NRT tonnage figure. Should an owner require advice on the likelihood that his/her craft may qualify for registration, the Mercantile Marine Office of the IMA can advise. As outlined above, there is no current requirement for craft less than 15 NRT or for vessels owned by an Irish citizen who is not ordinarily resident in the State to be registered. However, should an owner wish to do so, these vessels are entitled to be registered in order to avail of benefits offered under the Act.

▪Irish or EU Member State

nationals

▪Irish or EU bodies corporate,

based within the EU

▪The Government or Ministers of

the Government.

Under section 18(1) of the 1955 Act every ship which is wholly owned by an Irish citizen or an Irish body corporate is required to be registered under the Act unless the ship is exempt under section 18(2). Exempt ships include those under 15 net tons while navigating on the rivers, canals, lakes or coasts of Ireland, Great Britain, the Channel Islands and the Isle of Man. Ships owned by Irish citizens not ordinarily resident in the State are also exempt. However, under the Act, recreational craft greater than 15 NRT owned by an Irish citizen or an Irish body corporate must be registered in accordance with the terms of the Act.

Further information on registration procedures, including survey and measurement, is available from the Mercantile Marine Office of the Department of Transport or from Revenue. The MMO is contactable at 01 – 6783480 or at mmo@transport.gov.ie.

1.4.2 Future registration developments – Merchant Shipping (Registration of Ships) Act 2014 (No. 43 of 2014)

If leisure craft are navigating abroad outside the waters described above and are owned by an Irish citizen ordinarily resident in the State, they should be registered on the national register. Generally speaking, if a person is usually resident in Ireland,

With the exception of section 69, the Merchant Shipping (Registration of Ships) Act 2014 has not yet been commenced. The main purpose of

remove ships from the Register. A ship registration will have to be renewed up to 5 years after initial registration and at intervals of up to 10 years thereafter;

the Act is to replace and update the Mercantile Marine Act 1955, as amended, and provide a basis for the establishment and regulation of a modern and comprehensive ship registration system that will be more efficient, user friendly and accessible for ship owners. Among the changes and improvements that will be facilitated under the Act are the following:

▪An improved enforcement and

penalty regime.

Regulations to be made under the Act will in due course set out the detail of the new Register structure and the different registration requirements for each Part of the Register. The requirements and conditions of registration for each Part of the new Register, and the registration fees, will vary depending on the type, size, use, etc., of the vessel involved, with less onerous requirements applying to smaller non-commercial recreational vessels. It is envisaged that the Part of the Register for personal watercraft and small fast powered craft will also accommodate the voluntary registration of most other types of recreational craft less than 24 metres in length if an owner wishes to register such craft.

▪A new centralised, electronic and

accessible Irish Register of Ships consisting of different Parts for the registration of different types of ships and for different registration purposes;

▪An extension of mandatory ship

registration to additional ship categories including fishing boats less than 15 metres in length overall, personal watercraft such as jet skis, small fast powered craft and some small commercial angling boats so that, subject to a number of exemptions, ships operating domestically will be required to be registered on the Register or to have a current valid registration conferring nationality from another country;

The new ship registration regime will not come into operation until the necessary regulations are made under the 2014 Act and the new Irish Register of Ships and registration system are established under a separate IT project. Pending the establishment of the new Irish Register of Ships, the current arrangements under the 1955 Act for the registration of ships by officers of the Revenue Commissioners will continue.

▪New registration categories,

including visitor registration for certain recreational craft visiting Ireland for short periods not exceeding 3 months where such vessels are not registered in another country;

▪The introduction of ship

registration renewal and a facility to refuse ship registration or