Merchant Shipping Act 1995

Special provisions U.K. Report of dangers to navigation. U.K.

F1 89 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . U.K.

Textual Amendments

F1 S. 89 repealed (12.10.1998) by S.I. 1998/2241, reg. 3(1)(a)

90 Charts and other information. U.K.

(1) The Secretary of State may make rules specifying such charts, directions or information as appear to him necessary or expedient for the safe operation of ships.

(2) Rules under this section may require United Kingdom ships, or such descriptions of United Kingdom ships as may be specified in the rules, to carry (either at all times or on such voyages as may be specified in the rules) copies of the charts, directions or information so specified.

(3) If a ship goes to sea or attempts to go to sea without carrying copies of the charts, directions or information which it is required to carry by rules under this section the master or owner shall be liable on summary conviction to a fine not exceeding level 4 on the standard scale.

91 (1) The master of any United Kingdom ship, on meeting with any of the dangers to navigation specified in subsection (2) below, shall send information accordingly, by all means of communication at his disposal and in accordance with rules to be made for the purposes of this section, to ships in the vicinity and to such authorities on shore as may be prescribed by those rules. U.K.

(2) The dangers to navigation referred to in subsection (1) above are—

(a) dangerous ice;

(b) a dangerous derelict;

(c) a tropical storm;

(d) air temperatures below freezing point associated with gale force winds causing severe ice accretion on the superstructure of ships;

(e) winds of force 10 or above on the Beaufort Scale for which no storm warning has been received; or

(f) any other direct danger to navigation.

(3) Rules for the purposes of this section shall be made by the Secretary of State.

(4) If the master of a ship fails to comply with the provisions of this section, he shall be liable to a fine not exceeding level 4 on the standard scale.

(5) Every person in charge of a controlled station for wireless telegraphy shall, on receiving the signal prescribed by the said rules for indicating that a message is about to be sent under this section, refrain from sending messages for a time sufficient to allow other stations to receive the message, and, if so required by the Secretary of State, shall transmit the message in such manner as may be required by the Secretary of State.

(6) Compliance with subsection (5) above shall be deemed to be a condition of every wireless telegraphy licence.

(7) In this section—

• “controlled station for wireless telegraphy” means such a station controlled by the Secretary of State; and “controlled” includes controlled by means of a licence granted by him;

• “tropical storm” means a hurricane, typhoon, cyclone, or other storm of a similar nature;

• “wireless telegraphy licence” and “station for wireless telegraphy” have the same meaning as in the M1 Wireless Telegraphy Act 1949;

and the master of a ship shall be deemed to have met with a tropical storm if he has reason to believe that there is such a storm in his vicinity.

Marginal Citations

M1 1949 c. 54.