Regulation 9 Offences in respect of which a sentence of imprisonment and/or a fine may be imposedI1

United Kingdom

(1)

Any contravention of—

(a)

regulation 5(2)(a) (on board plan for cooperation with search and rescue services);

(b)

regulation 5(2)(g), in so far as it requires a ship to comply with paragraphs 1 to 3 and 7 of regulation 18 in Chapter V (approval, surveys and performance standards of navigational systems and equipment and voyage data recorder);

(c)

regulation 5(2)(h) (carriage requirements for shipborne navigational systems and equipment);

(d)

regulation 5(2)(j) (voyage data recorders);

(e)

regulation 5(2)(k), in so far as it requires a ship to comply with regulation 30 in Chapter V (operational limitations),

is an offence by the owner and master.

(2)

Any contravention of—

(a)

regulation 5(2)(c), in so far it requires a ship to comply with paragraph 7 of regulation 11 in Chapter V (ship reporting systems);

(b)

regulation 5(2)(k), in so far as it requires a ship to comply with regulation 28 in Chapter V (records of navigational activities and daily reporting);

(c)

regulation 5(2)(l), in so far as it requires a ship to comply with paragraph 1 of regulation 31 in Chapter V (danger messages);

(d)

regulation 5(2)(n), in so far as it requires a ship to comply with paragraphs 1 and 2 of regulation 33 in Chapter V (distress situations: obligations and procedures);

(e)

regulation 5(2)(o) (safe navigation and avoidance of dangerous situations),

is an offence by the master.

(3)

Any contravention of regulation 5(2)(k) in so far as it requires a ship to comply with the following regulations in Chapter V—

(a)

regulation 24 (use of heading and/or track control systems);

(b)

regulation 25 (operation of steering gear);

(c)

regulation 26 (steering gear: testing and drills), other than paragraph 3.1,

is an offence by the master or any person directed to undertake tasks.

(4)

Any contravention of—

(a)

regulation 5(2)(p) (master’s discretion);

(b)

regulation 5(2)(q) (misuse of distress signals),

is an offence by the person responsible.

(5)

An offence under this regulation is punishable—

(a)

on summary conviction—

(i)

in England and Wales by a fine; or

(ii)

in Scotland or Northern Ireland by a fine not exceeding the statutory maximum;

(b)

on conviction on indictment by imprisonment for a term not exceeding two years, or a fine, or both.

Annotations

Commencement

I1: Reg. 9 in force at 31.7.2020, see reg. 1(1)