Section 267: Inspection for enforcing collision rules

(1)
Unless otherwise exempted under this Act, any ship may be inspected by a surveyor of ships for the purpose of seeing that the ship is properly provided with lights, shapes and the means of making sound signals in conformity with the collision rules; and if he finds that the ship is not so provided, the surveyor of ships shall give to the master, owner or his agent notice in writing pointing out the deficiency, and also what is, in his opinion, requisite in order to remedy the same.
(2)
Every notice so given shall be communicated in the manner directed by the Minister to the collector of customs at any port at which the ship may seek to obtain a clearance; and the ship shall be detained until a certificate under the hand of a surveyor of ships is produced to the effect that the ship is properly provided with lights, shapes and with the means of making sound signals in conformity with the collision rules.
(3)
For the purpose of an inspection under this section, a surveyor shall have all the powers of an inspector under this Act.
(4)
Where a certificate as to lights, shapes and means of making the sound signals is refused, the owner may appeal to the Minister and the Minister may appoint a Board of Survey under this Act at the port nearest to the place where the ship is.
(5)
On any such appeal, the Board of Surveyor, if the matter is referred to a scientific referee under this Act, shall report to the Minister on the question raised by the appeal; and the Minister, when satisfied that the requirements of the report and of this Act as to lights, shapes and means of making sound signals have been complied with, may issue, or direct a surveyor or other person appointed by the Minister to issue the certificate.
(6)
Where a surveyor making an inspection under this section is required by the owner to make the survey in the presence of the owner or of any person appointed by the owner, and the surveyor and the owner or person appointed by the owner agree, no appeal shall lie to the Minister.