Singapore legislation

Section 101

of Merchant Shipping Act 1995

Section 101

Overloaded ships

(1)

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 is, for the purposes of this Act, deemed to be overloaded, and, subject to subsection (4), to be overloaded to the extent which that load line would be submerged.

(2)

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) would, at some later time during the voyage, become the appropriate load line; and

(b)

the ship is so loaded at that firstmentioned 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 is, for the purposes of this Act, deemed to be overloaded and, subject to subsection (4), to be overloaded to the extent to which that load line would be so submerged.

(3)

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 is, for the purposes of this Act, 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.

(4)

Where —

(a)

in any proceedings under this Act, it is proved that a ship is deemed to be overloaded under the provisions of more than one subsection of this section; and

(b)

the extent to which, under those subsections, the ship is deemed to be overloaded is not the same in each case,the ship is, for the purposes of this Act, deemed to be overloaded to the greatest extent to which it is deemed to be overloaded under those subsections.

(5)

Where a ship is overloaded in contravention of this section, the owner and the master of the ship shall each be liable on conviction to a fine not exceeding $10,000 and to such additional fine not exceeding the maximum amount which the earning capacity of the ship would have been increased by reason of the contravention.

(6)

Without affecting 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.

(7)

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 is to be determined in accordance with the regulations made under this Part.

Section 101 — Merchant Shipping Act 1995 | laws.sg