Merchant Shipping Act 1894
Inspection as to lights and fog signals.
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.
(3) For the purpose of an inspection under this section a surveyor shall have all the powers of a Board of Trade inspector under this Act.
(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 not exceeding those specified in the Sixteenth Schedule to this Act.
Annotations
Modifications (not altering text):
C124
Application of section modified (19.11.1953) by Merchant Shipping (Safety Convention) Act 1952 (29/1952), s. 30(1), (2), S.I. No. 338 of 1953.
Miscellaneous privileges of ships holding Convention certificates.
30.—(1) Where an accepted Safety Convention certificate is produced in respect of a Safety Convention passenger steamer not registered in the State, the steamer shall be exempt from paragraphs (d) and (f) of subsection (1) of section 290 of the Principal Act (which relate to the equipments of emigrant ships) and section 420 of that Act (which relates to lights and fog-signals) and from the rules for life-saving appliances.
(2) Where an accepted Safety Convention certificate, being the equivalent of a safety equipment certificate, is produced in respect of a Safety Convention ship (other than a passenger steamer) not registered in the State, the ship shall be exempt from section 420 of the Principal Act (which relates to lights and fog-signals) and from the rules for life-saving appliances.
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C125
Reference to "any ship, British or foreign" in subs. (1) construed (22.12.1953) by Merchant Shipping Act, 1894 (Adaptation) Order 1953 (S.I. No. 398 of 1953), art. 7.
7. The reference in subsection (1) of section 420 of the Act to "any ship, British or foreign" shall be construed as a reference to any ship, Irish or foreign.