Merchant Shipping (Safety Convention) Act 1952

Signals of distress.

36

36. — (1) The Minister may make rules prescribing what signals shall be used by ships as signals of distress and the circumstances in which, and the purposes for which, any such signal is to be used and the circumstances in which it is to be revoked.

(2) If the master of a ship uses or displays or causes or permits any person under his authority to use or display—

(a) any signal prescribed under this section except in the circumstances and for the purposes so prescribed, or

(b) any private signal, whether registered or not, that is liable to be mistaken for any signal so prescribed,

he shall be guilty of an offence under this section and shall be liable on summary conviction thereof to a fine not exceeding F45[€2,000] and shall further be liable to pay compensation for any labour undertaken, risk incurred or loss sustained in consequence of the signal having been supposed to be a signal of distress; and that compensation may, without prejudice to any other remedy, be recovered in the same manner as salvage.

Annotations

Amendments

F45

Substituted (3.07.2010) by Merchant Shipping Act 2010 (14/2010), s. 11(g), commenced on enactment. A fine of €2,000 translates into a class C fine, not greater than €2,500, as provided (4.01.2011) by Fines Act 2010 (8/2010), ss. 3, 6(3) and table ref. no. 1, S.I. No. 662 of 2010.

Editorial Notes

E102

Power pursuant to subs. (1) exercised (24.05.2012) by Signals of Distress (Ships) Rules 2012 (S.I. No. 170 of 2012).

E103

Previous affecting provision: power pursuant to section exercised (15.07.1977) by Signals of Distress (Ships and Water Craft on The Water) Rules 1977 (S.I. No. 234 of 1977), in effect as per rule 1(2); revoked (24.05.2012) by Signals of Distress (Ships) Rules 2012 (S.I. No. 170 of 2012), rule 6.

E104

Previous affecting provision: power pursuant to section exercised (1.09.1965) by Signals of Distress (Ships and Seaplanes on The Water) Rules 1965 (S.I. No. 186 of 1965), in effect as per rule 1(2); revoked (15.07.1977) by Signals of Distress (Ships and Water Craft on The Water) Rules 1977 (S.I. No. 234 of 1977), rule 6, in effect as per rule 1(2).

E105

Previous affecting provision: power pursuant to section exercised (1.01.1954) by Signals of Distress (Ships and Seaplanes on The Water) Rules 1953 (S.I. No. 395 of 1953), in effect as per rule 1(2); revoked (1.09.1965) by Signals of Distress (Ships and Seaplanes on The Water) Rules 1965 (S.I. No. 186 of 1965), rule 6, in effect as per rule 1(2).