Merchant Shipping Act (Cap. 234)
Merchant Shipping Act (Cap. 234), article 273
273. (1) The Minister may make regulations (in this Act
referred to as the "deck car go regulations") prescribing
requirements to be complied with where cargo is carried in any
uncovered space on the deck of a ship to which the load line
provisions of this Act apply; and different requirements may be so
prescribed in relation to different descriptions of ships, diff erent
descriptions of cargo, different voyages or classes of voyages,
different seasons of the year and any other different circumsta nces.
(2) If the load line rules provide (either generally or in
particular cases or classes of cases) for assigning special fre eboards
to ships which are to have effect only where a cargo of timber is so
carried, then, without prejudice to the generality of the prece ding
sub-article, the deck cargo regul ations may prescribe special
requirements to be complied with in circumstances where any suc h
special freeboard has effect.
(3) In prescribing any such s pecial requirements as are
mentioned in sub-article (2), the Minister shall have regard in
particular to the relevant provi sions of the Load Line Conventi on.
(4) If any provisions of the deck cargo regulations are
contravened -
(a) in the case of a Maltese ship, or
(b) in the case of any other ship while the ship is in any
port in Malta,
the master of the ship shall, subject to the next following sub -
article, be liab le to a fine ( multa) not exceeding on e thousand units.
(5) Where a person is charged wit h an offence under sub-article
(4), it shall be a defence to prove that the contravention was due
134 CAP. 234.] MERCHANT SHIPPING
solely to deviation or delay and that the deviation or delay wa s
caused solely by stress of weather or other circumstances which
neither the master nor the owner nor the charterer (if any) cou ld
have prevented or forestalled.
(6) For the purpose of securing compliance with the deck cargo
regulations, any person authorised in that behalf by the Minist er
may inspect any ship to which the load line provisions of this Act
apply which is carrying cargo in any uncovered space on her dec k;
and for the purposes of any such inspection any such person sha ll
have all the powers of a surveyor of ships.
Miscellaneous and supplementary provisions
Application of
articles 224, 227,
229 and 231 to
load line
certificates.
Text read from the consolidated PDF published by Legislation Malta. Tables, figures and marginal notes may be incomplete or out of place: the official PDF is authoritative. General information, not legal, tax or accounting advice.