ADVOKS GLOBAL · KENYA
Merchant Shipping Act
275. Submersion of load lines for non-Kenyan ships
Edition: 2023-12-11 · In force
275. Submersion of load lines for non-Kenyan ships
(1)Where a non-Kenyan ship to which this Part applies is within any port in Kenya, and is marked with load lines, the ship shall not be so loaded that—(a)if the ship is in salt water and has no list, the appropriate load line on each side of the ship is submerged; or(b)in any other case, the appropriate load line on each side of the ship would be submerged if the ship were in salt water and had no list.(2)Section 265 (2), (3), (5) and (6) shall have effect for the purposes of this section as if any references in those subsections to section 265(1) were a reference to subsection (1), or, as the case may be, to the corresponding provision of subsection (1) of this section, subject however to subsection (3).(3)In the case of a ship to which section 273 applies, the ship shall not be detained, and no proceedings shall be brought by virtue of subsection (2), unless the ship has been inspected by a surveyor in pursuance of section 278.(4)In relation to a ship in respect of which a valid convention certificate is produced, “load line” in subsection (1) means a line marked on the ship in the position of a load line specified in that certificate, and for the purposes of the application of the relevant provisions to such a ship in any circumstances for which a particular load line is specified in the certificate, the “appropriate load line” means the load line which, in accordance with the certificate, indicates the maximum depth to which the ship may be loaded in salt water in those circumstances.(5)Where a valid convention certificate is not produced in respect of a ship, then, for the purposes of the application of the relevant provisions to that ship in any circumstances as may be prescribed by regulations made in accordance with section 263(2)(d), “the appropriate load line” means the load line which, in accordance with those regulations, indicates the maximum depth to which the ship may be loaded in salt water in those circumstances.(6)For purposes of subsections (4) and (5), “the relevant provisions” means the provisions of subsection (1) and any provisions of section 265 as applied by subsection (2).