Merchant Shipping Act 1995

93 Duty to assist [F1aircraft] in distress.U.K.

(1)The master of a ship, on receiving at sea a signal of distress [F2from an aircraft] or information from any source that [F3an] 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 [F5subsection (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.

Textual Amendments

F1Words in sidenote to s. 93 substituted (10.8.1998) by S.I. 1998/1691, reg. 2(7)

F2Words in s. 93(1) added (10.8.1998) by S.I. 1998/1691, reg. 2(2)(a)

F3Words in s. 93(1) substituted (10.8.1998) by S.I. 1998/1691, reg. 2(2)(b)

F4S. 93(2) omitted (10.8.1998) by virtue of S.I. 1998/1691, reg. 2(3)

F5Words in s. 93(3) substituted (10.8.1998) by S.I. 1998/1691, reg. 2(4)

F6S. 93(4) omitted (10.8.1998) by virtue of S.I. 1998/1691, reg. 2(5)

F7Words in s. 93(5) omitted (10.8.1998) by virtue of S.I. 1998/1691, reg. 2(6)