Merchant Shipping Act (Cap. 234)
Merchant Shipping Act (Cap. 234), article 294
294. (1) A surveyor of ships may inspect any ship, whether
Maltese or foreign, for the purpose of seeing that the ship is
properly provided with lights and the means of making fog signals,
146 CAP. 234.] MERCHANT SHIPPING
in conformity with the collision regulations, and if the survey or
finds that the ship is not so provided, he shall give to the ma ster, or
the owner, or the bareboat charterer notice in writing pointing out the
deficiency and also what, in his opinion, is requisite in order to
remedy the same.
(2) Every notice so given shall be communicated to the officer
from whom the ship may seek to obtain clearance; and the ship
shall be detained until a certifi cate under the hand of a surve yor of
ships is produced to the effect that the ship is properly provi ded
with lights and with the means of making fog signals in conform ity
with the collision regulations.
(3) Where the certificate as to lights and fog signals is refuse d,
the owner, master, or bareboat charterer may appeal to the cour t of
survey in manner directed by the rules of that court.
(4) On any such appeal the chairman of the court of survey
shall report to the Minister on the question raised by the appe al,
and the Minister, when satisfied that the requirements of the r eport
and of this Act as to lights and fog signals have been complied
with, may grant, or direct a surveyor of ships or other person
appointed by him to g rant, the certificate.
(5) Subject to any order made by the chairman of the court of
survey, the costs of and inciden tal to the appeal shall follow the
event.
(6) A surveyor, in making an inspection under this article,
shall, if the owner, or the mast er, or the bareboat charterer o f the ship
so requires, be accompanied on the inspection by some person
appointed by the owner, or the master, or the bareboat chartere r and,
if in that case the su rveyor and the person so appointed agree, there
shall be no appeal under this article to the c ourt of survey.
(7) Such fees as the Minister may prescribe shall be paid in
respect of an inspection of light s and fog signals under this a rticle.
Duty of vessel to
assist the other in
case of collision.
Amended by:
XIII. 1983.5;
XXII. 2000.2.
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.