| (1) |
Neither the owner nor the skipper of a vessel to which this Part applies may cause or allow the vessel to be operated on any waters within the Republic, unless— |
| (a) |
there is in force in respect of that vessel an approved marking; and |
| (b) |
the vessel has been marked in accordance with subregulation (4) with that marking. |
| (a) |
An approved marking is obtained either from an authorised agency or the Authority and applications for an approved marking must be accompanied by the particulars required by the Director-General for recording purposes. |
| (b) |
The Authority and the authorised agencies are responsible for ensuring that the Director-General receives the data as required in paragraph (a). |
| (c) |
The Director-General is responsible for the database of vessels and ensuring that the information is available to the relevant authorities and organisations. |
| (3) |
Subject to subregulation (7), the approval of a marking remains in force until such time as the particulars of the vessels as recorded by the Director-General are no longer valid and during that period the display on the vessel of any other identification marking is prohibited. |
| (a) |
The owner of a vessel must ensure that the marking approved in respect of the vessel is displayed and continued on the vessel in accordance with the directions of the Authority, and that the information recorded with the Director-General is correct. |
| (b) |
The owner must, at least every two years, confirm with the Authority or an authorised agency that the particulars recorded with the Director-General are correct failing which the approved marking will be invalidated by the Director-General. |
| (5) |
The owner of a vessel must in writing notify the Authority or relevant agency of any change of ownership in the vessel and of any change in the particulars of the owner furnished pursuant to subregulation (2), not later than 14 days after the change occurs. |
| (6) |
The owner of a vessel must, within 14 days, in writing notify the Authority or relevant agency if— |
| (a) |
the vessel is permanently withdrawn from service; |
| (b) |
the vessel is removed from his or her possession other than as a result of its sale; |
| (c) |
any marking referred to in subregulation (2) ceases to be valid; or |
| (d) |
the vessel has been abandoned, lost or destroyed. |
[Regulation 21(6) substituted by regulation 23(a) of Notice No. R. 731 dated 11 July 2008]
| (7) |
The Authority or relevant agency may revoke the approval of a marking if— |
| (a) |
it believes on reasonable grounds that the approval was obtained fraudulently or on wrong information; or |
| (b) |
being a marking referred to in subregulation (2), it has ceased to be valid. |
[Regulation 21(7) substituted by regulation 23(b) of Notice No. R. 731 dated 11 July 2008]
| (8) |
Whenever the Authority or relevant agency revokes the approval of a marking, it may give the directions it thinks fit regarding the removal of the marking; and the owner of the vessel concerned must comply with any direction so given and, upon demand, surrender the instrument of approval to the Authority or relevant agency. |
| (9) |
The Authority or relevant agency must, in the absence of a marking referred to in subregulation (2) assign an approved marking to a vessel. |
Contingency Fees Act, 1997
