The Merchant Shipping (Technical Requirements for Inland Waterway Vessels) Regulations 2010

Inspection and remedial measures

12.—(1) An inspector may, in accordance with Annex VIII to Directive 2006/87/EC, check at any time whether a vessel to which these Regulations apply—

(a) is carrying—

(i) a valid Community inland navigation certificate, or

(ii) a valid certificate issued pursuant to Article 22 of the Revised Convention for Rhine Navigation and a valid supplementary Community inland navigation certificate,

(b) satisfies the requirements set out in such a certificate or certificates, or

(c) constitutes a manifest danger for the persons on board, the environment or the navigation.

(2) Paragraph (3) applies where, following an inspection under paragraph (1), the inspector notifies the owner of the vessel, or the owner’s representative, that the inspector—

(a) has found that a certificate required by these Regulations to be carried on board the vessel is invalid, or

(b) considers that the vessel does not satisfy the requirements set out in the certificate,

but considers that such invalidity or failure does not constitute a manifest danger for the persons on board, the environment or the navigation.

(3) Where this paragraph applies—

(a) the owner of the vessel or the owner’s representative must take all necessary measures to remedy the situation, and

(b) within seven days beginning with the date of being notified as set out in paragraph (2), the person notified by the inspector as set out in paragraph (2) must inform the authority which issued or last renewed the certificate of that notification.

(4) Paragraph (5) applies where, following an inspection under paragraph (1), the inspector notifies the owner of the vessel, or the owner’s representative, that the inspector—

(a) has found that a certificate required by these Regulations to be carried on board the vessel is not being carried, or

(b) that the vessel constitutes a manifest danger for the persons on board, the environment or the navigation.

(5) Where this paragraph applies—

(a) a ship surveyor—

(i) may prevent the vessel from proceeding until the necessary steps have been taken to remedy the situation, or

(ii) may prescribe measures which will enable the vessel to proceed safely, where appropriate on termination of its transport operations, to a place where it will be either inspected or repaired, and

(b) within seven days beginning with the date of being notified as set out in paragraph (4), the person notified by the inspector as set out in paragraph (4) must inform the authority which issued or last renewed the certificate of that notification.

(6) Where a ship surveyor has prescribed measures in accordance with paragraph (5)(a)(ii), the vessel must not proceed (or, where appropriate, must not proceed after termination of its transport operations) except in accordance with the prescribed measures.

(7) Where a ship surveyor has prevented a vessel from proceeding, or has notified the owner of the vessel, or the owner’s representative, of an intention to do so if the defects found are not corrected—

(a) the Secretary of State must inform the authority in the EEA State which issued or last renewed the certificate, within seven days, of the decision which has been taken or which it is intended will be taken,

(b) section 264 of the Merchant Shipping Act 1995(1) (references of notices to arbitration) applies to the decision of the ship surveyor as though it were an improvement notice issued under section 261(2)(a) of that Act, and

(c) without delay, the ship surveyor must notify the owner of the vessel, or the owner’s representative (as appropriate) of the arbitration procedure available to that person under sub-paragraph (b), and of the time limits for that arbitration procedure.

(1)

Section 264 was amended by the Arbitration Act 1996(c.23), section 107(2), the Constitutional Reform Act 2005(c.4), section 50(5) and Schedule 11, Pt 3, paragraph 5 and the Tribunals, Courts and Enforcement Act 2007(c.15), section 50 and Schedule 10, Pt 1, paragraph 26.