Power to require production of marine safety equipment
170B Power to require production of marine safety equipment
A shipping inspector may ask the owner or master operating a ship to make available, for the inspector’s inspection, prescribed safety equipment in a way that is reasonable having regard to the nature of the equipment.
Examples of ways equipment may be made available for inspection—
• bringing the prescribed safety equipment to the inspector for inspection
• if the prescribed safety equipment is not easily transportable, identifying where the prescribed safety equipment is kept on the ship
When making a request under subsection (1), the shipping inspector must warn the owner or master that, under subsection (4), the owner’s or master’s failure to comply with the request without a reasonable excuse may be used as evidence that the ship is not equipped with the prescribed safety equipment.
The owner or master of a ship must comply with a request made under subsection (1), unless the owner or master has a reasonable excuse for not complying with it.
In a proceeding for an offence against section 44(1), evidence that a master or owner of a ship has failed to comply with a request made under subsection (1) without providing a reasonable excuse to the shipping inspector who made the request, is evidence that the ship is not equipped with the prescribed safety equipment.
Subsection (1) does not limit the powers of shipping inspectors under sections 165 to 167 or any other provision of this Act.
In this section—
prescribed safety equipment, for a ship, means safety equipment with which the ship is required to be equipped under a regulation.
This provision refers to the regulations (a regulation
). Made under this Act:
This Act’s bill:Explanatory memorandum
The statute text is free to read above. View subscription options to unlock the case-law research tools for each provision.