Sri Lanka Consolidated Acts

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Merchant Shipping Act (No. 52 of 1971) - Sect 189

Inspection as to lights and fog signals

189.
(1) A Surveyor may inspect any Ceylon or foreign ship 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.
(2) If a Surveyor finds that a ship is not provided with lights and the means of making fog signals in conformity with the collision regulations he shall give to the master or owner thereof a notice in writing specifying-
(a) the deficiency; and
(b) what is in his opinion necessary in order to remedy the deficiency.
(3) A Surveyor shall give details of every notice given by him under sub-section (2) to the chief officer of customs at any port at which the ship to which such notice relates seeks clearance, and the ship shall be detained until a certificate under the hand of the Surveyor 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.
(4) For the purpose of an inspection under this section, a Surveyor shall have all the powers of an inspector under section 314.
(5) Where the certificate as to lights and signals in a ship is refused, an owner may appeal to the Court of Survey constituted under section 217 for the port where the ship for the time being is, in such manner as may be directed by the rules of that Court.
(6) On any appeal under sub-section (5), the judge of the Court of Survey shall report to the Director on the question raised by the appeal and the Director, when satisfied that the requirements of the report and this Act as to lights and fog signals have been complied with, may grant or direct a Surveyor or other person appointed by him to grant the certificate referred to in sub-section (3).
(7) Subject to any order made by the judge of a Court of Survey, the costs of and incidental to an appeal under sub-section (5) shall follow the event.
(8) A Surveyor shall, in making an inspection of a ship under this section, if the owner of the ship so requires, 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 a Court of Survey.
(9) The Minister may by regulations prescribe the fees to be paid in respect of an inspection of lights and fog signals under this section.


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