Trevor Sargent (Dublin North, Green Party)
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Question 472: To ask the Minister for Transport if he plans to establish in law any of the recommendations outlined in the Final Report of the Action Group on Small Powered Recreational Craft (including Personal Watercraft); and if a deadline will be set for the introduction of these recommendations. [15096/06]

Martin Cullen (Waterford, Fianna Fail)
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The report of the action group on small powered recreational craft recommended a number of statutory initiatives. The majority of these initiatives have already been implemented and the position on each is outlined as follows.

Definition of personal watercraft, PWC, and fast power craft, FPC: PWC and FPC are defined in the Maritime Safety Act 2005 and in the Pleasure Craft (Personal Flotation Devices and Operation) (Safety) Regulations 2005, S.I. 921 of 2005, respectively.

Identification register of PWC and FPC: a review of the Irish ship registration system, generally, commenced in 2005 and is ongoing. The recommendation on a small vessel register will be considered in the context of this review.

Personal flotation devices and age limit of operators of PWC and FPC: in accordance with the Pleasure Craft (Personal Flotation Devices and Operation) (Safety) Regulations 2005, SI 921 of 2005, lifejackets/personal flotation devices must be carried. All children up to the age of 16 years are required to wear a lifejacket/personal flotation device, PFD, while on board a pleasure craft. This requirement applies to everyone on board small pleasure craft, under seven metres. In addition, there are age restrictions for the operation of pleasure craft for children under the age of 16.

By amending the definition of a vessel in the Merchant Shipping (Investigation of Marine Casualties) Act 2000, as amended by the Maritime Safety Act 2005, to include personal watercraft, such craft come within the "Rules of Water" as recommended by the action group.

Regulation of the use of intoxicants: the Maritime Safety Act 2005 contains provisions, which enable the restriction of the consumption of alcohol or drugs on board vessels. Such restrictions are included in the Pleasure Craft (Personal Flotation Devices and Operation) (Safety) Regulations 2005. In particular, they prohibit the operation of vessels while under the influence of alcohol or drugs.

Definition of offences of careless and dangerous driving: the Merchant Shipping (Investigation of Marine Casualties) Act 2000 (Prescribed Classes of Vessels) Regulations 2001, introduced in 2001, prescribed PWC and FPC for the purposes of the careless and dangerous navigation or operation provisions of sections 35 and 36 of the Merchant Shipping Act 1992, as inserted by section 44(11) of the Merchant Shipping (Investigation of Marine Casualties) Act 2000.

The Maritime Safety Act 2005 also strengthened the law against the improper use of PWC and FPC, in particular by enabling local and harbour authorities to introduce byelaws to regulate their use. The Maritime Safety Directorate has prepared guidelines for the relevant authorities that have powers under the Maritime Safety Act.

Insurance and competency/training: the action group recognised that competency testing is a complex issue, which it said would require further consideration and it recommended that the issue of insurance cannot be treated in isolation from the overall issue of driver competence. This issue is currently on the Maritime Safety Directorate's work programme.

Apart from the statutory initiatives outlined, a key element in the programme to enhance safety in the recreational craft area is the publication of a code of practice for the safe operation of recreational craft. The purpose of this code, which follows an extensive consultation process with stakeholders, is to assist owners and operators, together with enforcement authorities, of recreational craft by setting out in one document current legislative requirements relating to recreational craft, in addition to recommended best practice regarding the safe operation of such craft. The final version of the code is currently being published and this is due to be officially launched on 24 May 2006.