S.L. 234.57 Art. 8Prohibition of departure. 5

(1) The company shall ensure that any deficiencies confirmed or revealed by an inspection carried out in accordance with these regulations are rectified.

(2) Where the deficiencies are clearly hazardous to health or safety or pose an immediate danger to health or life, the ro-ro passenger ship or high-speed passenger craft, its crew and passengers, the competent authority shall issue an order prohibiting the departure of the ro-ro passenger ship or high-speed passenger craft (hereinafter referred to as "a prohibition of departure order"). The master shall be provided with a copy of that order.

(3) The prohibition of departure order shall not be lifted until the deficiency has been rectified and the hazard has been removed to the satisfaction of the competent authority or until the competent authority has established that the ship or craft can, subject to any necessary conditions, proceed to sea or resume operation without risk to the safety and health of passengers or crew, or risk to the ro-ro passenger ship or high-speed passenger craft or other ships.

(4) If a deficiency referred to in sub-regulation (2) cannot be readily rectified in the port in which the deficiency has been confirmed or revealed, the competent authority may agree to allow the ship or craft to proceed to an appropriate repair yard where the deficiency can be readily rectified.

(5) In exceptional circumstances, where the overall condition of a ro-ro passenger ship or high-speed passenger craft is obviously substandard, the competent authority may suspend the inspection of that ship or craft until the company takes the steps necessary to ensure that the ro-ro passenger ship or high-speed passenger craft is no longer clearly hazardous to safety or health or no longer poses an immediate danger to the life of its crew and passengers or to ensure that it complies with the relevant requirements of applicable international conventions.

(6) Where the competent authority suspends the inspection in accordance with sub-regulation (5), the ro-ro passenger ship or high-speed passenger craft shall be automatically placed under a prohibition of departure order. The prohibition of departure order shall be lifted where the inspection has been resumed and successfully completed and where the conditions set out in sub-regulation (3) and in regulation 10(2) have been complied with.