Page:Dangerous Goods (Shipping) Regulation 2012 (Cap. 295F).pdf/20

Dangerous Goods (Shipping) Regulation 2012 Part 3 Section 15 16. Precautions to be taken when Class 3 or 3A dangerous goods in bulk are being handled on board type 2 vessels

(1) Subject to subsection (2), when Class 3 or 3A dangerous goods in bulk are being handled on board a type 2 vessel, all openings in the cargo tanks of the vessel with direct access to the open air, except those forming part of the ventilation system of the vessel, must be kept closed.

(2) Subsection (1) does not prevent the opening of any ullage or sighting port in the cargo tanks for so long as is necessary to take dips or samples or make observations on condition that the ullage or sighting port is adequately protected by a flame screen that may only be removed for taking dips or samples or making observations.

(3) If subsection (1) is contravened, the master of the vessel commits an offence and is liable on conviction to a fine at level 4 and to imprisonment for 3 months.

(4) It is a defence to a charge under subsection (3) if the person charged proves that—
 * (a) the offence was committed without the person’s consent or connivance; and
 * (b) having regard to all the circumstances, the person exercised all the due diligence that the person ought to have exercised to prevent the commission of the offence.