Merchant Shipping Act 1992

Prohibition of unlicensed passenger boats.

14

14. (1) A vessel shall not be used as a passenger boat unless a licence is in force in relation to it.

(2) If in respect of a vessel there is a contravention of subsection (1), the owner and the master of the vessel shall each be guilty of an offence and shall each be liable—

( a) on summary conviction, to a fine not exceeding F16 [ €5,000 ]or to imprisonment for a term not exceeding 6 months or to both, or

( b) on conviction on indictment, to a fine not exceeding F16 [ €100,000 ] or to imprisonment for a term not exceeding 2 years or to both.

F17 [ (3) Notwithstanding subsection (2) , in proceedings for an offence under this section it shall be a defence to prove that the contravention of subsection (1) was necessary for the purpose of securing the safety of a vessel or of saving life or otherwise to prevent an accident. ]

Annotations:

Amendments:

F16

Substituted (29.07.2005) by Maritime Safety Act 2005 (11/2005), s. 50(h)(i), (ii), commenced as per s. 1(10). A fine of €5,000 translates into a class A fine not exceeding €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.

F17

Inserted (16.06.1998) by Merchant Shipping (Miscellaneous Provisions) Act 1998 (20/1998), s. 4(b), commenced on enactment.

Editorial Notes:

E16

Prospective affecting provision: certain ships exempted from requirement to be licensed under regulations made under section are required to be registered by Merchant Shipping (Registration of Ships) Act 2014 (43/2014), s. 11(1)(c), not commenced as of date of revision.

E17

Prospective affecting provision: certain vessels exempted from requirement to be licensed under regulations made under section are required to be registered by Merchant Shipping (Registration of Ships) Act 2014 (43/2014), s. 24(1)(d), not commenced as of date of revision.