Page:Dangerous Goods (Shipping) Regulation 2012 (Cap. 295F).pdf/29

Dangerous Goods (Shipping) Regulation 2012 Part 4 Section 29 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.

29. Trained personnel required to handle dangerous goods on board type 3 vessels

(1) The owner of a type 3 vessel carrying dangerous goods must employ a person who holds a valid dangerous goods certificate to supervise the segregation, handling, labelling, securing or stowage of those dangerous goods.

(2) Subsection (1) does not apply in respect of the dangerous goods or radioactive substances to which section 18(1) does not apply by virtue of section 18(2).

(3) A person who contravenes subsection (1) commits an offence and is liable on conviction to a fine at level 3 and to imprisonment for 1 month.

(4) In this section—