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261.   Surveyor's powers of inspection

Revised Laws of Saint Lucia (2021)

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261.   Surveyor's powers of inspection

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    (1)   A Surveyor of Ships may at all reasonable times inspect any ship for the purpose of ensuring that the ship is in compliance with the Safety Convention, the collision regulations and the relevant regulations made under this Act.

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    (2)   Where a Surveyor of Ships finds that the Safety Conventions or the regulations have not been complied with, he or she shall give written notice to the owner or master of the ship stating in what respect there are defects or deficiencies and what action in his or her opinion, is required to rectify the defects or deficiencies, and the Surveyor shall report the facts to the Director.

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    (3)   Every notice given under subsection (2) shall be communicated, in a manner directed by the Minister, to the Comptroller or the customs officer of any port at which the ship may seek a clearance and such clearance shall not be granted until further notice is given that the defects or deficiencies referred to in subsection (2) have been rectified.

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    (4)   Where the Director considers a ship unsafe, or, a passenger ship unfit to carry passengers, or where the machinery or equipment of a ship is defective in any way so as to expose persons on board to serious danger, the Director shall detain that ship, and the Director may also detain any ship in respect of which any of the provisions of this Act have not been complied with, if in the Director's opinion such detention is warranted in the circumstances.

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    (5)   Where, under this section, a Surveyor of Ships visits any ship that Surveyor may ask the owner or his or her agent, the master or chief engineer, or any other person on board the ship and in charge or appearing to be in charge of the ship, any questions concerning the ship as the Surveyor thinks fit and every such person so questioned shall fully and truthfully answer every such question.

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    (6)   A Surveyor of Ships may reasonably require of the owner or his or her agent, the master or chief engineer, or any other person on board or in charge, or appearing to be in charge of the ship, that the machinery of the ship be activated or dismantled so that the Surveyor may satisfy himself or herself as to its condition, and every person of whom such a request is made and who is capable of so doing, shall comply with such requirement.

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    (7)   Any person who contravenes subsection (5) or (6) commits an offence and is liable on summary conviction to a fine not exceeding $1,000.

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