Merchant Shipping Act 2010
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Offences (Chapter 4). |
49.— (1) If any provision of this Chapter or of the relevant high-speed craft rules are not complied with, then the owner of the ship (if in fault) and the master of the ship (if in fault) commits an offence and is liable— | |
(a) on summary conviction to a fine not exceeding €5,000, or | ||
(b) on conviction on indictment to a fine not exceeding €100,000. | ||
(2) In case of a ship to which this Chapter applies— | ||
(a) a high-speed craft safety certificate for the time being in force issued in respect of the ship is not available on board for examination in contravention of section 46 (5)(c), | ||
(b) a permit to operate (HSC) for the time being in force issued in respect of the ship is not available on board for examination in contravention of section 46 (5)(b), | ||
(c) the owner or master of the ship, without reasonable excuse, fails to make a report as provided for in section 46 (4)(a) or (b), | ||
(d) the ship proceeds or attempts to proceed to sea without a high-speed craft safety certificate for the time being in force issued in respect of the ship in contravention of section 45 (4) (a) (i), | ||
(e) the ship operates or attempts to operate to carry passengers or crew without a permit to operate (HSC) for the time being in force in respect of the ship as required under section 45 (4)(a)(ii), | ||
(f) undertakes a transit voyage in contravention of section 45 (4)(b), or | ||
(g) being regarded as an unsafe ship under section 45 (4)(c) proceeds or attempts to proceed to sea, operates or attempts to operate to carry passengers or crew or undertakes a transit voyage in contravention of a notice of detention under section 66 , | ||
then the owner of the ship (if in fault) or the master of the ship (if in fault) commits an offence and is liable— | ||
(i) in the case of an offence under paragraphs (a), (b) and (c), on summary conviction, to a fine of €5,000, or | ||
(ii) in the case of an offence under paragraph (d), (e), (f) and (g)— | ||
(I) on summary conviction, to a fine not exceeding €5,000, or | ||
(II) on conviction on indictment, to a fine not exceeding €100,000. | ||
(3) If a ship, in respect of which a notice has been given to its owner or master under section 48 (2) which requires compliance with the rules in accordance with the notice before the ship proceeds to sea, proceeds or attempts to proceed to sea, without compliance as required in the notice, then the owner or master (as the case may be) commits an offence and is liable— | ||
(a) on summary conviction, to a fine not exceeding €5,000, or | ||
(b) on conviction on indictment, to a fine not exceeding €100,000. |