Section 61. Repairs and modifications  


Latest version.
  • 1. Before any repair or modification
      is made to the structure or engineering plant of a public vessel, or any
      repair  or  modification  is  made  that  may  affect   the   stability,
      seaworthiness or safe operation of a public vessel, or in the event that
      the  owner  of  a  public  vessel  becomes  aware  of any such repair or
      modification, the owner shall notify the  inspector  of  the  repair  or
      modification   or  proposed  repair  or  modification  in  writing.  The
      inspector shall be authorized to determine whether a proposed repair  or
      modification  may  be  made,  whether  inspection of the vessel shall be
      required before any proposed repair or modification is made, or  whether
      inspection  should  be  made after repair or modification. The inspector
      shall also be authorized to determine whether the vessel may be operated
      pending inspection, or whether the vessel may  only  be  operated  after
      inspection,  or whether it may not be operated. The inspector may impose
      conditions on any such repair or modification, inspection and  operation
      taking  into consideration the nature of the proposed or existing repair
      or modification, the condition of the vessel and any other  factors  the
      inspector  deems  relevant  to  the  stability,  seaworthiness  and safe
      operation of such vessel. The owner shall comply with the  determination
      of the inspector.
        2.  An  owner  who  fails  to  give  notification  as required by this
      section, or who modifies or permits the  repair  or  modification  of  a
      public  vessel  in  contravention  of  the requirements of this section,
      shall be guilty of a  violation  punishable  as  set  forth  in  section
      seventy-three-c of this article.
        3.  A  public  vessel which the inspector has directed to be inspected
      prior to operation pursuant to the provisions of this section shall  not
      be  operated  upon  the navigable waters of the state if such vessel has
      not been inspected. A public vessel which the inspector has directed not
      to be operated pursuant to the provisions of this section shall  not  be
      operated  upon  the  navigable waters of the state. An owner who permits
      the operation of a public vessel in contravention of this section  shall
      be guilty of a misdemeanor punishable as set forth in seventy-three-b of
      this  article,  and  the certificate of inspection of said public vessel
      may, in the discretion of the inspector, be suspended until such time as
      the inspector determines that said vessel is stable, seaworthy and safe.