97—Fixing HIN plates to vessels
(1) Only—
(b) a
boat code examiner acting on behalf of the boat code agent by whom they are
employed,
may fix a HIN plate to a vessel.
(2) A person who is
not a boat code agent, or a boat code examiner acting on behalf of the boat
code agent by whom they are employed, who fixes a HIN plate to a vessel is
guilty of an offence.
Maximum penalty: $2 500.
(3) A person, whether
a boat code agent or a boat code examiner or not, who fixes anything to a
vessel that appears to be a HIN plate, but is not a HIN plate, is guilty of an
offence.
Maximum penalty: $2 500.
(4) Two HIN plates
must be fixed to the hull of each vessel (or, in the case of a multihulled
vessel, to 1 of the hulls of the vessel).
(5) One plate must be
fixed by the boat code agent—
(a) in
the case of a vessel that has a transom—on the outside of the starboard
side of the transom so that—
(i)
the top edge of the plate is not more than 50 mm
below the top edge of the transom; and
(ii)
the plate is clearly visible;
(b) in
the case of a vessel that does not have a transom—on the outside of the
starboard side of the vessel's hull as close as reasonably practicable to the
stern of the vessel so that—
(i)
the top edge of the plate is not more than 50 mm
below the top of the gunwale; and
(ii)
the plate is clearly visible.
(6) The other HIN
plate must be fixed by the boat code agent—
(a) in a
position on the inside of the vessel's hull that is not likely to be found
without searching; and
(b) to a
part of the hull—
(i)
that is not likely to be damaged in the normal course of
using the vessel; and
(ii)
that can not be easily removed.
(7) HIN plates must be
fixed to the hull of a vessel—
(a) in a
manner that prevents removal of the plate without causing visible damage to
the vessel; and
(b) in
accordance with written directions (if any) of the CE that are in force for
the time being.
(8) Before fixing a
HIN plate to the hull of a vessel the boat code agent must add the letters and
numbers to complete the HIN on the plate in accordance with the directions of
the CE under regulation 101.
(9) A HIN plate must
not be fixed to a commercial vessel or a vessel without an engine (however a
HIN plate may be fixed to a vessel in the course of manufacturing it if it is
designed to be fitted with an engine).
(10) A boat code agent
must not fix HIN plates to a vessel that is not registered, or temporarily
registered, under these regulations.
(11)
Subregulation (10) does not apply in the following circumstances:
(a) a
boat code agent who carries on the business of dealing in new or used vessels
may fix HIN plates to a vessel supplied to them in the course of carrying on
that business despite the fact that the vessel is not registered or
temporarily registered;
(b) a
boat code agent, whether they carry on the business of dealing in new or used
vessels or not, may, at the request of a person who does carry on that
business, fix HIN plates to a vessel supplied to the dealer in the course of
carrying on that business despite the fact that the vessel is not registered
or temporarily registered;
(c) a
boat code agent who manufactures vessels may—
(i)
fix HIN plates to a vessel; or
(ii)
form the letters and numbers comprising a HIN into the
fabric of the hull of a vessel,
in the course of manufacturing it;
(d) if a
vessel—
(i)
was previously registered under this Act but is not
registered now; and
(ii)
is still owned by the same person who was last registered
as its owner under this Act,
a boat code agent may, with the approval of the CE, fix HIN plates to the
vessel as though it were registered, or temporarily registered.
(12) A boat code agent
must not form the letters and numbers comprising a HIN into the fabric of the
hull of a vessel after it has been manufactured.
Maximum penalty: $2 500.
(13) A boat code agent
must return to the CE HIN plates issued to them by the CE as soon as is
reasonably practicable after it becomes certain, or likely, that the boat code
agent will not use them for fixing to a vessel.
Maximum penalty: $2 500.
(14) As soon as is
reasonably practicable after a boat code agent has formed the letters and
numbers comprising a HIN appearing on a HIN plate issued to the agent by the
CE into the fabric of the hull of a vessel, the agent must inform the CE in
writing of the HIN concerned.
Maximum penalty: $2 500.