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MERCHANT SHIPPING ACT 1894 - SECT 420

Observance of collision regulations.

420.(1) A surveyor of ships may inspect any ship, British or foreign, for the
purpose of seeing that the ship is properly provided with lights and the means
of making fog signals, in conformity with the collision regulations, and if
the surveyor finds that the ship is not so provided, he shall give to the
master or owner notice in writing, pointing out the deficiency, and also what
is, in his opinion, requisite in order to remedy the same.

(2) Every notice so given shall be communicated in the manner directed by the
Board of Trade to the chief officer of customs at any port at which the ship
may seek to obtain a clearance or transire; and the ship shall be detained,
until a certificate under the hand of a surveyor of ships is produced to the
effect that the ship is properly provided with lights and with the means of
making fog signals, in conformity with the collision regulations.

Subs.(3) rep. by 1979 c.39 s.50(4) sch.7 Pt.II

(4) Where the certificate as to lights and fog signals is refused, an owner
may appeal to the court of survey for the port or district where the ship for
the time being is in manner directed by the rules of that court.

(5) On any such appeal the judge of the court of survey shall report to the
Board of Trade on the question raised by the appeal, and the Board of Trade,
when satisfied that the requirements of the report 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 them to grant, the certificate.

(6) Subject to any order made by the judge of court of survey the costs of and
incidental to the appeal shall follow the event.

(7) A surveyor in making an inspection under this section shall, if the owner
of the ship so require, be accompanied on the inspection by some person
appointed by the owner, and, if in that case the surveyor and the person so
appointed agree, there shall be no appeal under this section to the court of
survey.

(8) Such fees as the Board of Trade may determine shall be paid in respect of
an inspection of lights and fog signals under this section ....


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© 1894 Crown Copyright

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