Article 15 Failure to comply with directionsI1

England, Wales and Scotland

(1)

The master of a vessel who fails to comply with a general direction or special direction is guilty of an offence and liable on summary conviction to a fine not exceeding level 4 on the standard scale.

(2)

It is a defence for a person charged with an offence under paragraph (1) to prove—

(a)

that they took all reasonable precautions and exercised all due diligence to avoid the commission of such an offence;

(b)

that they had a reasonable excuse for acting or failing to act;

(c)

that the offence was not caused or facilitated by any act or neglect on their part or on the part of any other person engaged or employed by them and that all reasonable steps were taken to prevent the commission of the offence; or

(d)

that they had reasonable grounds for supposing that non-compliance with the direction was necessary to secure the safety of any vessel or its cargo, or that in the circumstances compliance was impracticable.

Annotations

Commencement

I1: Art. 15 in force at 23.7.2012, see art. 1(2)