73.—(1) If a ship proceeds or attempts to proceed on any voyage without complying with the requirements of these Regulations other than the requirement of regulations 18(2) and (3), 20 and 25, the owner and master of the ship shall each be guilty of an offence for each case of non-compliance and liable on summary conviction to a fine not exceeding the [F1statutory maximum] or, on conviction on indictment, to imprisonment for a term not exceeding two years or a fine, or both.
(2) Any contravention of regulation 20 or 34(2) shall be an offence on the part of the owner and any contravention of regulation 34(3), (4), (5) or (6)(b) shall be an offence on the part of the master. Any such offence shall be punishable on summary conviction by a fine not exceeding the statutory maximum or, on conviction on indictment by imprisonment for a term not exceeding two years, or a fine, or both.
[F2(2A) If any officer appointed in accordance with regulation 23(1) reports to the master or other officer in charge of the bridge a door to be closed and locked when it is not in fact closed and locked he shall be guilty of an offence, punishable on summary conviction by a fine not exceeding the statutory maximum or, on conviction on indictment, by imprisonment for a term not exceeding two years and a fine.]
(3) Any contravention of regulation 34(4)(a) by an officer appointed in accordance with that regulation shall be an offence punishable on summary conviction by a fine not exceeding [F3the statutory maximum] or on conviction on indictment by a fine.
(4) Any person who fails to carry out an inspection which he has been appointed by the master to carry out under regulation 18(2) or (3) shall be guilty of an offence and liable on summary conviction to a fine not exceeding level 2 on the standard scale.
(5) It shall be a defence to a charge under these Regulations to prove that the person charged took all reasonable steps to avoid commission of the offence.
Textual Amendments
F1Words in reg. 73(1) substituted (11.6.2001) by The Merchant Shipping (Miscellaneous Amendments) Regulations 2001 (S.I. 2001/1638), regs. 1, 6(b)
F2Reg. 73(2A) inserted (1.8.2002) by The Merchant Shipping (Miscellaneous Amendments) Regulations 2002 (S.I. 2002/1650), regs. 1, 3(d)
F3Words in reg. 73(3) substituted (1.8.2002) by The Merchant Shipping (Miscellaneous Amendments) Regulations 2002 (S.I. 2002/1650), regs. 1, 3(e)
Commencement Information