Subdiv 5Trade plates

Subdivision 5—Trade plates 93—Trade plates (1) A person is exempt from the operation of section 55 of the Act in respect of a vessel that is not registered and marked in accordance with these regulations if the person— (a) has been issued trade plates under this regulation; and (b) the trade plates are in force; and (c) the person operates the vessel in accordance with any condition imposed in relation to the trade plates under this regulation. (2) The CE may, on the application of a person, issue trade plates to the person if satisfied that the person is engaged in a business in which trade plates are reasonably required for 1 or more of the following purposes: (a) demonstration of a vessel to a prospective purchaser; (b) testing of a vessel prior to delivery of the vessel to a purchaser of the vessel; (c) testing of a vessel in the course of repairs or servicing or the making of alterations or additions to the vessel; (d) demonstration of a vessel while the vessel is on display at a boating show or other similar event. (3) An application for trade plates— (4) An applicant under this regulation must provide the CE with such further information and records as the CE may reasonably require to determine the application. (5) Trade plates may be issued subject to such conditions as the CE thinks fit and specifies in the certificate of issue of trade plates. (6) The CE may, by written notice to the holder of trade plates, vary or revoke a condition of the trade plates. (7) A person who holds trade plates must not contravene a condition of the trade plates. (8) The CE may, by written notice to the holder of trade plates, cancel the trade plates for breach of a condition. (9) Subject to this regulation, trade plates remain in force for a period of 12 months (and may be renewed, in accordance with any procedures determined by the CE for further periods of 12 months). (10) The CE must, on issuing trade plates to an applicant, also issue to the applicant— (a) a certificate of issue of trade plates; and (b) a trade plate label. (11) Trade plates and a trade plate label must be affixed to a vessel as follows: (a) 1 plate must be securely fixed to the forepart of each side of the vessel; (b) the trade plate label must be affixed on to the trade plate that is on the starboard side of the vessel, aligned with that edge of the trade plate that is closest to the stern of the vessel; (c) the plates must be fixed to the vessel in such a manner that every figure and letter on the plate is clearly visible and legible up to a distance of at least 50 m in clear weather conditions while the vessel is underway. (12) The holder of trade plates may surrender them to the CE at any time. (13) If the holder of trade plates ceases to carry on the business in relation to which the plates were issued, the person must, within 7 days of ceasing to carry on that business— (a) surrender the plates to the CE; and (b) if the business is purchased or acquired by another person—notify the CE in writing of the name and address of that other person and the date of the sale or acquisition. (14) If the holder of trade plates surrenders the trade plates to the CE under this regulation, the CE must refund to the person the proportion of the fee paid for issue of the plates corresponding to the unexpired period of their remaining in force, less the fee (if any) fixed by Schedule 11 for surrender of the plates (the total refundable amount being rounded to the nearest dollar). 94—Return of trade plates, certificates of issue of trade plates or trade plate labels (1) The CE may, by written notice, require the holder of trade plates to return the trade plates, a certificate of issue of trade plates or a trade plate label by a specified date— (a) if the relevant trade plates are cancelled or otherwise cease to be in force; or (b) if the CE wishes to issue replacement trade plates, certificate of issue of trade plates or trade plate label. (2) A person who fails to comply with a requirement of the CE under this regulation is guilty of an offence. 95—Replacement trade plates, certificates of issue of trade plates or trade plate labels (1) The CE must not issue replacement trade plates, certificates of issue of trade plates or trade plate labels unless— (a) the original (or previous replacement) trade plates, certificate or label has been returned to the CE; or (b) the CE is satisfied that the trade plates, certificate or label have been lost, stolen or destroyed. (2) Replacement trade plates, certificates of issue of trade plates or trade plate labels will only be issued on payment of the fee (if any) fixed by Schedule 11.