The Merchant Shipping (Pilot Boats) Regulations 1991

Procedure to be adopted when the boat, its machinery or safety equipment is deficient

9.—(1) In any case where a surveyor determines that the condition of a pilot boat, its machinery or equipment does not correspond substantially with the requirements of these Regulations or is such that the boat is not fit for service the surveyor shall advise the competent harbour authority and, where appropriate, the owner of the boat of the corrective action which, in his opinion, is required.

(2) If the boat is not fit for service, the surveyor shall immediately notify the Secretary of State. If in any other case where corrective action is required such action is not taken within a period specified by the surveyor, the surveyor shall at the end of that time notify the Secretary of State. The Secretary of State shall on receipt of such notification suspend the validity of the Pilot Boat Certificate issued in respect of the boat. The Secretary of State shall give notice in writing of any such suspension to the competent harbour authority and the surveyor shall so notify the master of the pilot boat and, where appropriate, the owner of the boat.

(3) The master of the pilot boat shall, thereupon, deliver up the Certificate issued in respect of the boat to the surveyor on demand. Where appropriate, the owner of the boat shall also deliver up the certified copy of the certificate to the surveyor on demand. The competent harbour authority shall on receipt of notice of suspension deliver up the certified copy of the Certificate to the Secretary of State.

(4) When the surveyor is satisfied that corrective action has been taken he shall notify the Secretary of State who shall, in the case where the validity of the Certificate has been suspended:

(a)restore the validity of the Certificate;

(b)give notice thereof to the competent harbour authority, and;

(c)return the certified copy of the Certificate to the competent harbour authority.

The surveyor shall return the Certificate issued in respect of the pilot boat to the master of the boat and, where appropriate, the certified copy of the Certificate to the owner of the boat.

(5) In the case of an existing pilot boat which is first presented for survey in accordance with regulation 5(1)(b) of these Regulations and where the surveyor determines that the condition of the pilot boat, its machinery or equipment does not correspond substantially with the requirements of these Regulations, or is such that the boat is not fit for service, the surveyor shall advise the competent harbour authority and, where appropriate, the owner of the boat, of the corrective action which, in his opinion, is required. If such corrective action is not taken within a period specified by the surveyor or immediately if the boat is not fit for service, the competent harbour authority shall suspend the service of the boat until such time as the Certificate is issued.