(1) Not being under pilotage as required after an authorised pilot has offered to take charge of the ship;
Statutory enforcement notices used in the UK (and some other countries) to enforce (chiefly) health and safety legislation. A Prohibition Notice prohibits an unsafe operation or the use of an unsafe item of equipment, and an Improvement Notice requires specified improvements to bring health and safety arrangements up to regulation standard within a specified period. Non- observance of their requirements leads to a prosecution by the issuing body.
The owner and the master will be liable on conviction on indictment, to a fine, and on summary conviction, to a fine not exceeding the statutory maximum (£5, 000) and to such additional fine as the court thinks fit to impose, having regard to the extent to which the earning capacity of the ship was increased by reason of the contravention, but subject to a maximum amount of £1, 000 for each complete centimeter of overloading, I. e. £5, 000 plus £1, 000 per centimeter.
Normally, the party who has made an extraordinary sacrifice or expenditure to avoid a peril (and who needs to recoup his loss), which in most cases is the shipowner. If ship and cargo have both been saved by a jettison of cargo, however, it may be the owner of the jettisoned cargo who appoints an average adjuster and declares general average. Generally, the party to the adventure who requires contributions from the other parties will be the one who appoints the adjuster, and the adjuster will give guidance on making a declaration.
MGN 81 strongly urges compliance with the IMO Guidelines for the Control and Management of Ships' Ballast Water to Minimize the Transfer of Harmful Aquatic Organisms and Pathogens. MGN 363 provides information and interim guidance for use until the BWM Convention has been ratified by the UK and domestic legislation has been made. MIN 283 contained Practical guidelines for ballast water exchange in the Antarctic Treaty Area.