Merchant Shipping Act 1894

Observance of collision regulations.

419

419.(1) All owners and masters of ships shall obey the collision regulations, and shall not carry or exhibit any other lights, or use any other fog signals, than such as are required by those regulations.

(2) If an infringement of the collision regulations is caused by the wilful default of the master or owner of the ship, that master or owner shall, in respect of each offence, be guilty of a misdemeanor.

(3) If any damage to person or property arises from the non-observance by any ship of any of the collision regulations, the damage shall be deemed to have been occasioned by the wilful default of the person in charge of the deck of the ship at the time, unless it is shown to the satisfaction of the court that the circumstances of the case made a departure from the regulation necessary.

(4) F165[]

(5) The Board of Trade shall furnish a copy of the collision regulations to any master or owner of a ship who applies for it.

Annotations:

Amendments:

F165

Repealed (16.12.1911) by Maritime Conventions Act 1911 (1 & 2 Geo. 5) c. 57, s. 4(1), commenced on enactment.

Modifications (not altering text):

C123

Application of section extended (1.08.1936) by Air Navigation and Transport Act 1936 (40/1936), s. 58(1), commenced on enactment.

Application to seaplanes of certain provisions of the Merchant Shipping Acts, relating to collisions at sea and signals of distress.

58. (1)  The power conferred by sub-section (1) of section 418 of the Merchant Shipping Act, 1894, to make regulations for the prevention of collisions at sea shall include power to make regulations for the prevention of collisions at sea— 

(a) between seaplanes on the surface of the water, and

(b) between vessels and seaplanes on the surface of the water;and accordingly the said section 418, and sections 419, 421 and 424 of the said Act, as amended by any subsequent enactment, shall apply in relation to seaplanes on the surface of the water as they apply in relation to ships or vessels, subject however to the following modifications, that is to say:—

(i) for the purpose of sub-section (2) of the said section 418, and for the purposes of the said section 424, sections 418, 419, 421, and 424 of the said Act shall be deemed to be the only provisions of Part V of the said Act relating to collision regulations or otherwise relating to collisions, and

(ii) any references in the said section 419 to the master or to the person in charge of the deck shall be construed as references to the pilot or other person on duty in charge of the seaplane.

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