Merchant Shipping (Safety Convention) Act 1952

Obligation to assist vessels, etc., in distress.

37

37. (1) The master of F46[an Irish ship], on receiving at sea a signal of distress or information from any source that a vessel or 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 under the provisions of subsection (3) or subsection (4) of this section.

(2) Where the master of any ship in distress has requisitioned F46[an Irish ship] that has answered his call, it shall be the duty of the master of the requisitioned ship to comply with the requisition by continuing to proceed with all speed to the assistance of the persons in distress.

(3) A master shall be released from the obligation imposed by subsection (1) of this section as soon as he is informed of the requisition of one or more ships other than his own and that the requisition is being complied with by the ship or ships requisitioned.

(4) A master shall be released from the obligation imposed by subsection (1) of this section, and, if his ship has been requisitioned, from the obligations imposed by subsection (2) of this section, 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.

F47[(5) If a master fails to comply with subsection (1) or (2) he or she commits an offence and is liable on summary conviction to a fine not exceeding €5,000.]

(6) If the master of F48[an Irish ship], on receiving at sea a signal of distress or information from any source that a vessel or aircraft is in distress, is unable, or in the special circumstances of the case considers it unreasonable or unnecessary, to go to the assistance of the persons in distress, he shall forthwith cause a statement to be entered in the official log-book, or if there is no official log-book cause other record to be kept, of his reasons for not going to the assistance of those persons, and if he fails to do so he shall be guilty of an offence under this section and shall be liable on summary conviction thereof to a fine not exceeding F49[€2,000].

(7) The master of every F50[Irish ship] for which an official log is required shall enter or cause to be entered in the official log-book every signal of distress or message that a vessel, aircraft or person is in distress at sea.

(8) Nothing in this section shall affect the provisions of section 6 of the Maritime Conventions Act, 1911; and 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.

Annotations

Amendments:

F46

Substituted (3.07.2010) by Merchant Shipping Act 2010 (14/2010), s. 11(h)(i), commenced on enactment.

F47

Substituted (3.07.2010) by Merchant Shipping Act 2010 (14/2010), s. 11(h)(ii), commenced on enactment. 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(3) and table ref. no. 1, S.I. No. 662 of 2010.

F48

Substituted (3.07.2010) by Merchant Shipping Act 2010 (14/2010), s. 11(h)(iii)(I), commenced on enactment.

F49

Substituted (3.07.2010) by Merchant Shipping Act 2010 (14/2010), s. 11(h)(iii)(II), 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.

F50

Substituted (3.07.2010) by Merchant Shipping Act 2010 (14/2010), s. 11(h)(iv), commenced on enactment.