Lifejacket Enforcement

ScubaDave

Strange question, i know but....

Can Gardai prosecute someone for not wearing a lifejacket onboard a vessel under 7m? It is an offence, and generally prosecuted by Coast Guard personnel BUT, can we?

I was asked the question therefore i pass it on to my "Brain Trust" for the answer!

No smart arse answers about high speed boat chases! :P

deadwood

Not too well up on the law on this, but as a boat user, I thought anyone under 16 had to wear one - not aware of boat size restrictions, or whether it's engine, or otherwise.

Everyone wears one on Deadwoods gin palace.

(completely off topic, but this might float your 7 metre boat http://www.youtube.com/watch?v=R7yfISlGLNU)

ScubaDave

Open boat under 7m - all are required to wear them (as i recall).

And yeah, under 16s always, while on deck of any boat!

Eru

If the coast guard can then yes, in theory we can also

civdef

From the coastguard.ie site:

Enforcement
Violation of the any of the provisions of the Merchant Shipping (pleasure craft)(lifejackets and operation)(safety) Regulations 2004 may result in an on the spot fine of €127 issued by an Authorised Officer, or prosecution in the District Court.

Authorised Officers include members of the Gardaí Síochana, Naval Service, Harbour Masters, and members of the Maritime Safety Directorate and the Irish Coast Guard nominated by the Minister.

The definition of an Authorised Officer is from the Merchant Shipping Act 1992 - which the SI (S.I. No. 259/2004) above comes under:

2.—(1) In this Act, save where the context otherwise requires—

"authorised officer" means—

( a ) any person authorised in writing by the Minister to exercise the powers conferred on an authorised officer by this Act,

( b ) a person holding commissioned naval rank in the Permanent Defence Forces, while in uniform,

( c ) a member of the Garda Síochána, while in uniform, or

( d ) as respects the harbour of which he is the harbour master, a person appointed to be a harbour master by one of the following, that is to say:

(i) a harbour authority within the meaning of the Harbours Act, 1946 ,

(ii) the Commissioners of Public Works in Ireland,

(iii) the Minister for the Marine,

(iv) a local authority, and

(v) Iarnród Éreann - Irish Rail;

TheNog

Strange it mentions a Garda has to be in uniform. What about a plain clothes member?

Also the mention of Irish Rail is very confusing. Anyone know why its there?

Eru

In harbours (Im thinking Dublin dockland) you have a large train section as they are heavily involved in shipping and would possible run into this scenario. Unlikely but better to have it included than have to add it later I suppose.

DFound it strange myself that the opw are authorised.

CLADA

TheNog wrote: »

Strange it mentions a Garda has to be in uniform. What about a plain clothes member?

It's to prevent the likes of deadwood whipping out the I.D. card and claiming to be undercover on a big marine operation.

eroo

CLADA wrote: »

It's to prevent the likes of deadwood whipping out the I.D. card and claiming to be undercover on a big marine operation.

Those 3 words worry me.

deadwood

TheNog wrote: »

Strange it mentions a Garda has to be in uniform.

Whaddayawant, a sssailor in uniform?:D

Hooch

Eru wrote: »

If the coast guard can then yes, in theory we can also

Only a member of the Coast Guard who is full time can prosecute (god i have my hand in everything....im a volunteer with IrCG)
The patrol boats ie Howth can only advise unless a full time member is on it or AGS is on board.