Merchant Shipping Act 2010

63

Offences (Chapter 6).

63.— (1) If any provision of a minimum safe manning document or a provision of any safe manning regulations is not complied with, then the owner (if in fault) or the master (if in fault) of the ship commits an offence and is liable—

(a) on summary conviction, to a fine not exceeding €5,000, or

(b) on conviction on indictment, to a fine not exceeding €100,000.

(2) If the owner or master of a ship which for the purposes of section 60 (10) is regarded as an unsafe ship or in contravention of a notice of detention under section 66 proceeds, or attempts to proceed to sea with the ship then the owner (if in fault) or the master (if in fault) commits an offence and is liable—

(a) on summary conviction, to a fine not exceeding €5,000, or

(b) on conviction on indictment, to a fine not exceeding €100,000.

Annotations:

Modifications (not altering text):

C10

Application of chapter (ss. 57-63) restricted (1.07.2023) by European Union (international Labour Organisation Work in Fishing Convention) (Safe Manning) Regulations 2023 (S.I. No. 315 of 2023), reg. 4, in effect as per reg. 1(2).

Application

4. These Regulations apply to fishing vessels of 15 metres in Loa and over. Consequently, Chapter 6 of the Act of 2010 no longer applies to fishing vessels 24 metres in length and over.

Editorial Notes:

E8

A fine of €5,000 translates into a class A fine, not greater than €5,000, as provided (4.01.2011) by Fines Act 2010 (8/2010), ss. 3, 4(2) and table ref. no. 1, S.I. No. 662 of 2010.