s.246Owner liable for unsafe operation of ship
246
Section 246Part 11 — UNSAFE SHIPS

Owner liable for unsafe operation of ship

←→ Navigate  ·  Click subsection badges to collapse  ·  Press ? for help

It is the duty of the owners of a ship to which this section applies to take all reasonable steps to ensure that the ship is operated in a safe manner.
This section applies to —
any Cayman Islands ship; and
any ship which —
is registered under the law of, or flies the flag of, any country other than the Cayman Islands; and
is within Cayman Islands waters while proceeding to or from a port in the Islands, unless the ship would not be so proceeding but for weather conditions or any other unavoidable circumstances.
A person who, being the owner of a ship to which this section applies, fails to discharge the duty imposed on the person by subsection (1), commits an offence and is liable on summary conviction to a fine of twenty thousand dollars and to imprisonment for six months.
Where any such ship is chartered by demise, or is managed, either wholly or in part, by a person other than the owner under the terms of a management agreement within the meaning of section 244, any reference to the owner of the ship in subsections (1) or (3) shall be construed as including a reference —
to the charterer under the charter by demise;
to any such manager as mentioned above; or
if the ship is both chartered and managed as mentioned above, to both the charterer and any such manager, and accordingly, the reference in subsection (1) to the taking of all reasonable steps shall, in relation to the owner, the charterer or any such manager, be construed as a reference to the taking of all such steps as it is reasonable for the owner, the charterer or any such manager to take in the circumstances of the case.

Cross References