Cap. 234 чл. 232Prohibition of proceeding to sea without appropriate certificates. 

(1) No Maltese passenger ship shall proceed to sea on an international voyage unless there is in force in respect of the ship a general safety certificate, a short-voyage safety certificate, a qualified safety certificate, or a qualified short-voyage safety certificate which is applicable to the voyage on which the ship is about to proceed and to the trade she is for the time being engaged in.

(2) No passenger ship to which article 207 applies shall proceed to sea, or on any voyage or excursion, from any port in Malta unless there is in force in respect of the ship a passenger ship certificate applicable to the voyage or excursion on which the ship is about to proceed or that voyage or excursion is one in respect of which the Minister has exempted the ship from the requirements of this sub-article.

(3) No Maltese ship, not being a passenger ship, shall proceed to sea unless there is in force in respect of the ship -

(a) if the ship is one to which article 207 applies, either -

(i) a cargo ship safety construction certificate, or

(ii) a qualified cargo ship safety construction certificate; and

(b) if the ship is about to proceed on an international voyage, both -

(i) a safety equipment certificate or a qualified safety equipment certificate, and

(ii) a radio certificate or a qualified radio certificate or an exemption certificate stating that the ship is wholly exempt from the requirements relating to radiotelegraphy, radiotelephony and direction-finders, such certificate or certificates being applicable to the ship and to the voyage on which she is about to proceed:

Provided that this sub-article shall not prohibit a ship from proceeding to sea as aforesaid if there is in force in respect of the ship such certificate or certificates as would be required if she were a passenger ship.

(4) For the purposes of this article a qualified certificate shall not be deemed to be in force in respect of a ship about to proceed on an international voyage unless there is also in force in respect of the ship the corresponding exemption certificate; and an exemption certificate shall be of no effect unless it is by its terms applicable to the voyage on which the ship is about to proceed.

(5) If a ship proceeds or attempts to proceed to sea, or on any voyage or excursion, in contravention of this article:

(a) in the case of a passenger ship, the owner or master of the ship shall, without prejudice to any other remedy or penalty under this Act, be liable to a fine (multa) not exceeding four hundred units; and

(b) in the case of a ship not being a passenger ship, the owner or master of the ship shall be liable to a fine (multa) not exceeding one hundred units.

(6) The master of every passenger ship to which article 207 applies, and of any other Maltese ship, shall produce to the officer from whom a clearance for the ship is demanded the certificate or certificates required by the foregoing provisions of this article to be in force when the ship proceeds to sea, or on a voyage or excursion; and a clearance shall not be granted, and the ship may be detained, until the said certificate or certificates are so produced; and a passenger ship may be so detained whether or not a clearance for the ship is demanded.

(7) Where an exemption certificate issued in respect of a ship specifies any conditions on which the certificate is issued and any of those conditions is not complied with, the owner or master of the ship shall be liable to a fine (multa) not exceeding one hundred units.