The Merchant Shipping (Technical Requirements for Inland Waterway Vessels) Regulations 2010

Offences and penalties

13.—(1) The owner and master of a vessel are guilty of an offence if the vessel—

(a) operates in contravention of these Regulations,

(b) while operating under an exemption granted under these Regulations, fails to comply with any terms subject to which that exemption was granted, or

(c) proceeds or attempts to proceed in contravention of regulation 12(5)(a)(i) or (6).

(2) A failure to comply with regulation 12(3)(a) is an offence by the owner or owner’s representative, as the case may be.

(3) A failure to comply with regulation 12(3)(b) or (5)(b) is an offence by the person notified as set out in regulation 12(2) or (4) (as appropriate).

(4) A person guilty of an offence under paragraph (1) or (2) is liable—

(a) on summary conviction to a fine of an amount not exceeding the statutory maximum, or

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

(5) A person guilty of an offence under paragraph (3) is liable on summary conviction to a fine of an amount not exceeding level 3 on the standard scale.

(6) In any proceedings for an offence under this regulation it is a defence for the person charged to show that all reasonable steps had been taken by that person to ensure compliance with the relevant provision of these Regulations.

(7) Where an offence under this regulation is committed, or would be committed but for the operation of paragraph (6), by any person due to the act or default of some other person, that other person is also guilty of the offence; and a person may be charged with and convicted of an offence by virtue of this paragraph whether or not proceedings are taken against the first mentioned person.