Merchant Shipping Act 1995

Assistance at sea E+W+S+N.I.

92 Duty of ship to assist the other in case of collision. E+W+S+N.I.

(1) In every case of collision between two ships, it shall be the duty of the master of each ship, if and so far as he can do so without danger to his own ship, crew and passengers (if any)—

(a) to render to the other ship, its master, crew and passengers (if any) such assistance as may be practicable, and may be necessary to save them from any danger caused by the collision, and to stay by the other ship until he has ascertained that it has no need of further assistance; and

(b) to give to the master of the other ship the name of his own ship and also the names of the ports from which it comes and to which it is bound.

(2) The duties imposed on the master of a ship by subsection (1) above apply to the masters of United Kingdom ships and to the masters of foreign ships when in United Kingdom waters.

(3) The failure of the master of a ship to comply with the provisions of this section shall not raise any presumption of law that the collision was caused by his wrongful act, neglect, or default.

(4) If the master fails without reasonable excuse to comply with this section, he shall—

(a) in the case of a failure to comply with subsection (1)(a) above, be liable—

(i) on summary conviction, to a fine not exceeding £50,000 or imprisonment for a term not exceeding six months or both;

(ii) on conviction on indictment, to a fine or imprisonment for a term not exceeding two years or both; and

(b) in the case of a failure to comply with subsection (1)(b) above, be liable—

(i) on summary conviction, to a fine not exceeding the statutory maximum;

(ii) on conviction on indictment, to a fine;

and in either case if he is a certified officer, an inquiry into his conduct may be held, and his certificate cancelled or suspended.

93 Duty to assist [F1 aircraft] in distress. E+W+S+N.I.

(1) The master of a ship, on receiving at sea a signal of distress [F2 from an aircraft] or information from any source that [F3 an] aircraft is in distress, shall proceed with all speed to the assistance of the persons in distress (informing them if possible that he is doing so) unless he is unable, or in the special circumstances of the case considers it unreasonable or unnecessary, to do so, or unless he is released from this duty under subsection (4) or (5) below.

F4 (2) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(3) The duties imposed on the master of a ship by [F5 subsection (1)]above apply to the masters of United Kingdom ships and to the masters of foreign ships when in United Kingdom waters.

F6 (4) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(5) A master shall be released from the duty imposed by subsection (1) above F7 . . .if he is informed by the persons in distress, or by the master of any ship that has reached the persons in distress, that assistance is no longer required.

(6) If a master fails to comply with the preceding provisions of this section he shall be liable—

(a) on summary conviction, to imprisonment for a term not exceeding six months or to a fine not exceeding the statutory maximum, or both;

(b) on conviction on indictment, to imprisonment for a term not exceeding two years or to a fine, or both.

(7) Compliance by the master of a ship with the provisions of this section shall not affect his right, or the right of any other person, to salvage.

Annotations:

Annotations are used to give authority for changes and other effects on the legislation you are viewing and to convey editorial information. They appear at the foot of the relevant provision or under the associated heading. Annotations are categorised by annotation type, such as F-notes for textual amendments and I-notes for commencement information (a full list can be found in the Editorial Practice Guide). Each annotation is identified by a sequential reference number. For F-notes, M-notes and X-notes, the number also appears in bold superscript at the relevant location in the text. All annotations contain links to the affecting legislation.

Amendments (Textual)

F1 Words in sidenote to s. 93 substituted (10.8.1998) by S.I. 1998/1691, reg. 2(7)

F2 Words in s. 93(1) added (10.8.1998) by S.I. 1998/1691, reg. 2(2)(a)

F3 Words in s. 93(1) substituted (10.8.1998) by S.I. 1998/1691, reg. 2(2)(b)

F4 S. 93(2) omitted (10.8.1998) by virtue of S.I. 1998/1691, reg. 2(3)

F5 Words in s. 93(3) substituted (10.8.1998) by S.I. 1998/1691, reg. 2(4)

F6 S. 93(4) omitted (10.8.1998) by virtue of S.I. 1998/1691, reg. 2(5)

F7 Words in s. 93(5) omitted (10.8.1998) by virtue of S.I. 1998/1691, reg. 2(6)