The Merchant Shipping (Load Line) Regulations 1998

Penalties

35.—(1) Where regulation 6(1) is contravened the owner and master of the ship shall each be guilty of an offence and liable:

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

(b)on conviction on indictment, to a fine.

(2) Any contravention of regulation 6(3) shall be an offence by both the owner and master and, being an offence corresponding to the offence under paragraphs 4(2) and (3) and 14 of Schedule 3 to the Merchant Shipping Act 1995, shall be punishable:

(a)on summary conviction, by a fine not exceeding the statutory maximum and by such additional fine, not exceeding an amount calculated in accordance with paragraph (3), as the court thinks fit to impose, having regard to the extent to which the earning capacity of the ship was increased by reason of the contravention; and

(b)on conviction on indictment, by a fine.

(3) Any additional fine imposed under paragraph (2)(a) shall not exceed £1,000 for each complete centimetre by which—

(a)in a case falling within regulation 6(3)(a), the appropriate load line on each side of the ship was submerged; or

(b)in a case falling within regulation 6(3)(b), the appropriate load line on each side of the ship would have been submerged.

(4) Any contravention of regulation 6(4) shall be an offence by the master and by any other person who, having reason to believe that the ship is so loaded, sends or is party to sending the ship to sea, punishable (without prejudice to any fine liable in respect of an offence under paragraph (2)):

(a)on summary conviction, by a fine not exceeding the statutory maximum; and

(b)on conviction on indictment, by a fine.

(5) Where a person is charged with an offence under paragraph (2), it shall be a defence to prove that the contravention was due solely to deviation or delay and that the deviation or delay was caused solely by stress of weather or other circumstances which neither the master nor the owner nor the charterer (if any) could have prevented or forestalled.

(6) (a) Any contravention of regulation 23(1) shall be an offence by both the owner and the master punishable on summary conviction by a fine not exceeding level 5 on the standard scale.

(b)Any contravention of regulation 23(2) by any person shall be an offence punishable on summary conviction by a fine not exceeding level 5 on the standard scale.

(c)It shall be a defence for a person charged under this paragraph to show he had reasonable excuse for the contravention.

(7) Any contravention of regulation 9(4) shall be an offence by the master punishable—

(a)on summary conviction, by a fine not exceeding the statutory maximum; and

(b)on conviction on indictment, by a fine.

(8) Any contravention of regulation 13 shall be an offence by both the master and owner punishable on summary conviction by a fine not exceeding level 3 on the standard scale.