Merchant Shipping Act 1894

Duty of vessel to assist the other in case of collision.

422

422.(1) In every case of collision between two vessels, it shall be the duty of the master or person in charge of each vessel, if and so far as he can do so without danger to his own vessel crew and passengers (if any),

(a) to render to the other vessel her master crew and passengers (if any) such assistance as may be practicable, and may be necessary to save them from any danger caused by the collision, and to stay by the other vessel until he has ascertained that she has no need of further assistance, and also

(b) to give to the master or person in charge of the other vessel the name of his own vessel and of the port to which she belongs, and also the names of the ports from which she comes and to which she is bound.

(2) F166[]

(3) If the master or person in charge fails without reasonable cause to comply with this section, he shall be guilty of a misdemeanor, and, if he is a certificated officer, an inquiry into his conduct may he held, and his certificate cancelled or suspended.

Annotations:

Amendments:

F166

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 (2) repealed (16.12.1911) by Maritime Conventions Act 1911 (1 & 2 Geo. 5) c. 57, s. 4(2), commenced on enactment.

Modifications (not altering text):

C127

Application of section extended (1.09.1981) by Merchant Shipping (Certification of Seamen) Act 1979 (37/1979), s. 9(1), S.I. No. 11 of 1981.

Inquiry into fitness or conduct of holder of certificate under this Act.

9.—(1) Where it appears to the Minister that the holder of a certificate under this Act—

(a) is unfit to discharge his duties, whether because of incompetence or for any other reason,

(b) has been seriously negligent in discharging his duties, or

(c) has failed to comply with section 422 of the Principal Act,

the Minister may cause an inquiry to be held by a person or persons appointed by him for that purpose and may, pending the outcome of the inquiry, suspend any certificate under this Act issued to the person in relation to whom the inquiry is to be held and require the holder to surrender the certificate to the Minister.

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