Merchant Shipping Order, 2002 · As enacted · Part VII
Section 110
Official textFrom Attorney General's Chambers, unchanged
Where a cargo ship is so loaded at any time that, if the ship were floating without a list in still salt water of a specific gravity of 1.025, the load line marked on either side of the ship that is the appropriate load line at the time would be submerged, the ship shall, for the purposes of this Order, be deemed to be overloaded and, subject to subsection (4), to be overloaded'to the extent which that load line would be submerged.
Where-
(a} a ship is at any time engaged on, or is about to engage on, a voyage during which, in the ordinary course, a load line marked on either side of the ship (not being a load line that is the appropriate load line at that time)
ship
"ship" means any kind of vessel used in navigation by water, however propelled or moved and includes - (a} a barge, lighter or other floating vessel; and (b) an air cushion vehicle, or other similar craft, used wholly or primarily in navigation by water;
would, at some later time during the voyage, become the appropriate load line; and
voyage
"voyage", in relation to a ship, means the whole time and the whole distance when the ship is at sea between the ship's port of departure and its port of arrival;
the ship is so loaded at that first-mentioned time, that if the ship were floating without a list in still salt water of a specific gravity of 1.025
and there were unloaded from the ship the fuel and other material that would, in the ordinary course, be consumed or discharged before that later time, that load line would be submerged, the ship shall, for the purposes of this Order, be deemed to be overloaded and, subject to subsection (4), to be overloaded to the extent to which that load line would be so submerged.
Where a passenger ship is so loaded at any time that, if the ship were floating without a list in still salt water of a specific gravity of 1.025, the subdivision load line marked on either side of the ship that is the appropriate subdivision load line at that time would be submerged, the ship shall, for the purposes of this Order, be deemed to be overloaded and, subject to subsection (4), to be overloaded to the extent to which that subdivision load line would be so submerged.
passenger ship
"passenger ship" means a ship which carries more than 12 passengers;
{4)
Where-
(a} in any proceedings under this Order, it is proved that a ship is deemed to be overloaded under the provisions of more than one subsection of this section; and
the extent to which, under those subsections, the ship is deemed to be overloaded is not the same in each case, the ship shall, for the purposes of this Order, be deemed to be overloaded to the greatest extent to which it is deemed to be overloaded under those subsections.
Where a ship is overloaded in contravention of this section, the owner a$n 10
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madster of thhe dshd~~ sha 1
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an to sue a ttiona une not excee mgt e maxtmum amount w Ic t e earning capacity of the ship would have been increased by reason of the contravention.
Without prejudice to any proceedings under this section, any ship which is overloaded in contravention of this section may be detained until it ceases to be so overloaded.
For the purposes of this section, the load line or subdivision load line marked on a ship that is the appropriate load line or subdivision load line at any time shall be determined in accordance with the regulations made under this Part.
load line
"load line" means a line indicating the maximum depth to which a ship, other than a passenger ship, may be loaded in circumstances prescribed by regulations made under section 109 and determined in accordance with those regulations;
Terms defined in s 2
load line
Defined · s 2"load line" means a line indicating the maximum depth to which a ship, other than a passenger ship, may be loaded in circumstances prescribed by regulations made under section 109 and determined in accordance with those regulations;
passenger ship
Defined · s 2"passenger ship" means a ship which carries more than 12 passengers;
ship
Defined · s 2"ship" means any kind of vessel used in navigation by water, however propelled or moved and includes - (a} a barge, lighter or other floating vessel; and (b) an air cushion vehicle, or other similar craft, used wholly or primarily in navigation by water;
subdivision load line
Defined · s 2"subdivision load line" means a line indicating the maximum depth to which a passenger ship may be loaded having regard to the extent to which it is subdivided and to the space for the time being allotted to BRUNEI DARUSSALAM GOVERNMENT GAZETTE passengers as determined in accordance with regulations made under section 109; t
voyage
Defined · s 2"voyage", in relation to a ship, means the whole time and the whole distance when the ship is at sea between the ship's port of departure and its port of arrival;
Part VIII
Part IX
Inquiries and Investigations
Part X