| (1) |
The skipper of a vessel must ensure at all times that the vessel is operated in accordance with— |
| (a) |
the collision regulations as defined in the Act; |
| (b) |
the conditions and limitations specified in the local safety certificate or certificate of fitness, as the case may be, issued in respect of the vessel; |
| (c) |
the conditions and limitations specified in the skipper's certificate of competence; |
| (d) |
the instructions and specifications of the manufacturer of the vessel and, if power-driven, of the vessel's propulsion machinery; |
| (e) |
the law in force in the area in which the vessel is being operated, in so far as it is not inconsistent with the Act; |
| (f) |
the load line regulations, if applicable; and |
| (g) |
if the vessel is operating in sheltered waters, the rules (if any) issued by a regulating authority and governing vessel operations in those waters. |
[Regulation 8(1)(g) substituted by regulation 11 of Notice No. R. 731 dated 11 July 2008]
| (2) |
No person may operate a vessel in a careless manner, without reasonable consideration for other persons or without due care and attention, taking into account— |
| (c) |
the presence of persons or vessels in the body of water, including concentrations of persons and vessels in the immediate vicinity of the vessel; |
| (d) |
the speed and manoeuvrability of the vessel, with special reference to stopping distance and turning capability in the prevailing conditions; |
| (e) |
light conditions, including the presence of background light from shore lights or from backscatter of the vessel's own lights; |
| (f) |
water conditions, currents and the proximity of navigational hazards; and |
| (g) |
any other hazards that could adversely affect the safety of persons or property. |
| (3) |
Before any power-driven vessel is operated, the skipper must ensure that the vessel carries a sufficient quantity of fuel for its intended voyage together with a reserve of not less than 25 per cent of that quantity. |
| (4) |
No vessel under three metres may go to sea except in an area designated for that use by a regulating authority, but in any event not more than 1 000 metres offshore. |
Older Persons Act, 2006
