The Merchant Shipping (Local Passenger Vessels)(Masters' Licences and Hours, Manning and Training) Regulations 1993

Contravention of regulation 12

13.—(1) If any of the requirements of regulation 12 above is contravened in the case of any master—

(a) that master; and

(b) any other person (being that master’s employer or a person to whose orders that master was subject) who caused or permitted the contravention;

shall be guilty of an offence and liable on summary conviction to a fine not exceeding level 4 on the standard scale:

• Provided that a person shall not be liable to be convicted under this regulation if he proves to the court—

  (i)

  that the contravention was due to an unavoidable delay in the completion of a voyage arising out of circumstances which he could not reasonably have foreseen; or

  (ii)

  in the case of a person charged under paragraph (b) above that the contravention was due to the fact that the master had for any particular period or periods conned a vessel or vessels or been on duty otherwise than in the employment of the person charged or, as the case may be, otherwise than in the employment in which he was subject to the orders of the person charged, and that the person charged was not, and could not reasonably have become, aware of that fact.