| (1) |
With respect to any ship about to enter or within a vessel traffic services zone, a marine traffic regulator may, for the purpose of promoting safe and efficient navigation or environmental protection, but subject to any other law governing ports or harbours and to these regulations— |
| (a) |
give a traffic clearance to a ship to enter, leave or proceed within a vessel traffic services zone; |
| (b) |
direct the master, pilot or person in charge of the deck watch of the ship to provide such pertinent information in respect of that ship as may be specified in the direction; |
| (c) |
direct the ship to use such radio frequencies in communications with coast stations or other ships as may be specified in the direction; and |
| (d) |
direct the ship, at such time or between such times as may be specified in the direction— |
| (i) |
to leave a vessel traffic services zone; |
| (ii) |
to leave or refrain from entering such area within a vessel traffic services zone as may be specified in the direction; or |
| (iii) |
to proceed to or remain at such location within a vessel traffic services zone as may be specified in the direction, |
where the marine traffic regulator believes on reasonable grounds that any of the following circumstances exist, namely—
| (aa) |
non-availability of a berth required for the ship; |
| (bb) |
pollution or reasonable apprehension of pollution in the vessel traffic services zone; |
| (cc) |
the proximity of animals whose well-being could be endangered by the movement of the ship; |
| (dd) |
any obstruction or hazard to navigation in the vessel traffic services zone; |
| (ee) |
the proximity of a ship in apparent difficulty or presenting a pollution threat or other hazard to life or property; |
| (ff) |
the proximity of a ship navigating in an unsafe manner or with improperly functioning equipment or radio equipment, or without charts or publications required by these regulations or any other law; or |
| (gg) |
vessel traffic congestion that constitutes an unacceptable risk to shipping, the public or the environment. |
| (2) |
A marine traffic regulator is under a duty to exercise its powers under subregulation (1) if the exercise of those powers may reasonably be expected to avoid or mitigate a situation that is detrimental to safe and efficient navigation or environmental protection. |
Road Traffic Management Corporation Act, 1999
