The Merchant Shipping (Radio Installations) Regulations 1998

PART IV ENFORCEMENT

Power to detain

49.—(1) Subject to paragraph (2) below, in any case where a ship to which these Regulations apply, does not comply with the requirements of these Regulations, the ship shall be liable to be detained and section 284 of the Merchant Shipping Act 1995 (which relates to the detention of a ship) shall have effect in relation to the ship as if for the words “this Act” wherever they appear, there were substituted the words “the Merchant Shipping (Radio Installations) Regulations 1998”.

(2) A ship shall not be detained in a port where repair facilities are not readily available by reason of malfunction of the equipment for providing general radiocommunications referred to in regulation 8(h) above if the ship is capable of performing all other distress and safety functions as required by the said regulation 8.

Penalties

50.—(1) If a radiotelephone operator or radio officer or a person nominated under regulation 18(7) of these Regulations contravenes any provision of these Regulations imposing a duty on him, he shall be guilty of an offence punishable on summary conviction to a fine not exceeding level 2 on the standard scale; and if any person, being the owner or master of the ship, permits such a contravention, he shall be guilty of an offence punishable on summary conviction to a fine not exceeding the statutory maximum or, on conviction on indictment, to imprisonment for a term not exceeding 2 years or a fine, or both.

(2) If these Regulations are contravened in any other respect in relation to any ship, the owner and master of the ship shall each be guilty of an offence punishable on summary conviction to a fine not exceeding the statutory maximum or, on conviction on indictment, to imprisonment for a term not exceeding 2 years or a fine, or both.

Defence

51.  It shall be a defence for a person charged under these Regulations to show that he took all reasonable precautions to avoid the commission of the offence.