S.I. No. 31/1957:

WATERFORD NORTH WHARF BYE-LAWS, 1956 (CONFIRMATION) ORDER, 1957.

WATERFORD NORTH WHARF BYE-LAWS, 1956 (CONFIRMATION) ORDER, 1957.

I, WILLIAM NORTON, Minister for Industry and Commerce, in exercise of the powers conferred on me by section 22 of the Transport Act, 1950 (No. 12 of 1950), (subsection (2) of that section having been complied with) hereby order as follows :--

1. This Order may be cited as the Waterford North Wharf Bye-Laws, 1956 (Confirmation) Order, 1957.

2. (1) The bye-laws made by the Board of Córas Iompair Éireann on the 21st day of June, 1956, are hereby confirmed subject to the modifications set out in the First Schedule to this Order.

(2) The bye-laws as so modified are set out in the Second Schedule to this Order and shall come into operation on the 19th day of March, 1957.

FIRST SCHEDULE

Modifications of Bye-Laws

SECOND SCHEDULE

Córas Iompair Éireann in exercise of the power vested in it by paragraph (1) (e) of Section 22 of the Transport Act, 1950 and for the purpose of maintaining order in and regulating the use of so much of the North Wharf in the Port of Waterford as reconstructed and extended by Córas Iompair Éireann pursuant to a contract made with the Waterford Harbour Commissioners dated 9th day of May, 1947, as is occupied by Córas Iompair Éireann, and the approaches thereto, hereby makes the following bye-laws, that is to say :--

Interpretation.

1. In these bye-laws the expression " the Board " means Córas Iompair Éireann ;

the expression " the wharf " means so much of the North Wharf hereinbefore referred to as is occupied by Córas Iompair Éireann ;

the expression " the approaches " means the road-way and premises adjoining the wharf which are the property of the Board ;

the word " vessel " includes any ship, boat, barge or other vessel of any description whether mechanically propelled or otherwise ;

the word " owner " when used in relation to a vessel means the owner or charterer of the vessel, and when used in relation to goods means the consignor, consignee, shipper or other person with the control or custody of the goods ;

the expression " the superintendent " means the officer of the Board for the time being responsible for the administration of the wharf ;

the word " vehicle " includes a cycle.

Notice of Arrival.

2. No owner or master of a vessel shall cause the vessel to be brought to the wharf unless not less than twenty-four hours notice of his intention to do so has been given in writing to the superintendent.

Production of Certificate of Registry.

3. The master or other person in charge of a vessel which is registered under the Mercantile Marine Act, 1955 or under the corresponding enactment of any other state, and which is at the wharf shall produce to the superintendent on request the Certificate of Registry of the vessel for inspection.

Mooring.

4. No person shall cause or allow a vessel to be moored to or alongside the wharf except to the mooring bollards provided for the purpose at the wharf. Moorings shall not be attached to the bollards in such a way as to pass around, foul or come in contact with the fender piles projecting above the surface of the wharf.

Delays a Warf.

5. The master of a vessel shall not without the previous written consent of the superintendent cause or allow his vessel to remain at the wharf for a longer continuous period than one day, except for the purpose of loading or unloading cargo.

Deposit of Materials.

6. (1) No person shall deposit goods or materials on the wharf or the approaches or in any premises thereon without the permission of the superintendent or for a longer period than he has allowed.

(2) The superintendent may direct that any goods or materials which have been deposited on the wharf or on the approaches or in any premises thereon with his permission shall be removed from the wharf or the approaches on to another position on the wharf, or the approaches and the person responsible for the deposit shall comply with such directions.

(3) No person shall deposit goods or materials so as to cause obstruction on the wharf or the approaches or to impede the business of the wharf or to make access to any mooring post or ring, lamp post or life saving equipment on the wharf difficult or impossible.

(4) No single article the weight of which exceeds 5 tons shall be deposited on the wharf without the permission in writing of the Board's engineer. Goods or materials of any description and whether in bulk or otherwise shall not be deposited on the wharf in a heap exceeding such height as the superintendent shall direct or approve.

(5) If any goods or materials are deposited or allowed to remain in contravention of this bye-law the person responsible for the deposit of the goods or materials shall cause them to be removed forthwith and in his default the superintendent may cause them to be removed.

Notices, etc. of dealing with goods.

7. (1) Before any goods are brought to or removed from the wharf or the approaches the owner shall give to the superintendent reasonable notice in writing stating (a) the quantity and quality, description or nature of the goods and (b) particulars of the vessel or vehicle in which and the place from which the goods were brought to the wharf.

(2) The owner of any goods on the wharf or the approaches shall give to the superintendent all reasonable facilities for ascertaining the correct weight or measurement of the goods, their quality, description or nature and the places from which and to which the goods are in transit.

Handling of Goods.

8. While any goods are deposited or placed on the wharf or the approaches every person by whom such goods are handled or dealt with or in whose charge such goods are for the time being shall comply with every direction of the superintendent in regard to the handling or dealing with such goods.

Goods for Sale.

9. No person (except with the permission of the Board) shall exhibit or place on the wharf or the approaches any goods for sale other than such goods as may be sold or exhibited for sale under the Provisions of the Merchant Shipping Acts 1894 to 1952 and the Mercantile Marine Act, 1955 or by order of the Revenue Commissioners, and other than perishable goods sold within forty-eight hours of their being landed.

Cranes.

10. (1) No person shall use a crane on the wharf or the approaches except (a) with the consent of the superintendent and in accordance with his directions and (b) in compliance with the Board's Regulations and (c) after payment of the charge for the time being in force.

(2) No person other than an employee of the Board shall move, use, adjust or otherwise interfere with any railway rolling stock, or railway points on the wharf or the approaches.

Entry on Wharf.

11. (1) No person shall enter on or pass the wharf or the approaches except for purposes connected with the business of the wharf.

(2) Any person on the wharf or the approaches shall leave as soon as his business is concluded.

(3) Any person on the wharf or the approaches shall give to the superintendent or any of his assistants on request particulars of his business and shall leave if requested to do so by the superintendent or any of his assistants.

Weight of vehicles.

12. No person shall cause or permit any vehicle laden or unladen to be brought on the wharf under any circumstances if the axle load exceeds--

(a) in case of vehicle fitted with twin rubber tyres 10 tons

(b) in case of any other vehicle   ...  ...  5 tons

No person shall cause or permit the axle load of a vehicle on the wharf to be increased so as to exceed the axle load of a vehicle permitted to be on the wharf under this bye-law.

Management of vehicles and Animals.

13. (1) No person shall cause or permit any vehicle or any horse or other beast of burden to be left on the wharf or the approaches unattended or for a longer time than is necessary for the loading or unloading of goods

(2) The driver or other person in charge of any vehicle, or animal, on the wharf or the approaches shall obey any directions of any official of the Board with respect to the driving, placing, moving, management, removal, loading or unloading of such vehicle or animal.

Bathing.

14. No person shall bathe at or from any portion of the wharf.

15. No person shall use or attempt to use the wharf or the approaches for purposes of trade or business either by himself or his agents or servants except during the ordinary hours of business of the Board and as may be agreed between the Waterford Harbour Commissioners and the superintendent.

Saver for powers of Harbour Master.

16. Nothing in these bye-laws shall be interpreted so as to prejudice or interfere with the powers of the Harbour Master of the Port of Waterford under any provision of the Harbours Act, 1946 .

17. These bye-laws shall be called the Waterford North Wharf Bye-Laws 1956.

18. The provisions of these bye-laws shall be penal provisions for the purposes of sub-section (4) of Section 22 of the Transport Act, 1950 .

GIVEN under my Official Seal this 15th day of February, 1957.

WILLIAM NORTON

Minister for Industry and Commerce.

EXPLANATORY NOTE

The purpose of the Order is to confirm, subject to certain modifications, Byelaws made by Córas Iompar Éireann for maintaining order in and regulating the use of so much of the North Wharf in the Port of Waterford as is occupied by C.I.E.