145Matters to which eligible court may have regard in determining standard of care and risk

145 Matters to which eligible court may have regard in determining standard of care and risk

In determining the standard of care a reasonable person would exercise in operating a vessel and whether there was a risk that a result mentioned in a provision of this Part would happen, the matters to which the eligible court may have regard include the following: (a) the characteristics of the vessel; (b) the vessel’s cargo and the risks of pollution or damage to the marine environment if that cargo is released; (c) the amount of bunker oil on board the vessel and the risk of pollution or damage to the marine environment if that amount of oil is released; (d) the state of visibility; (e) the state of the wind, sea and current; (f) the presence of other vessels in the vicinity; (g) the presence of navigation hazards in the vicinity; (h) the rules under the Prevention of Collisions Convention; (i) operational requirements imposed by law.