Merchant Shipping Act 1894

Penalty for carrying passengers in excess.

283

283.—The owner or master of any passenger steamer shall not receive on board thereof, or on or in any part thereof, any number of passengers which, having regard to the time, occasion, and circumstances of the case, is greater than the number allowed by the passenger steamer’s certificate, and if he does so, he shall for each offence be liable to a fine not exceeding twenty pounds, and also to an additional fine not exceeding five shillings for every passenger above the number so allowed, or if the fare of any passenger on board exceeds five shillings, not exceeding double the amount of the fares of all the passengers above the number so allowed, reckoned at the highest rate of fare payable by any passenger on board.

Annotations:

Amendments:

F148

Repealed by Merchant Shipping Act 1992 (2/1992), s. 4 and sch., not commenced as of date of revision.

Modifications (not altering text):

C87

Prospective affecting provision: section repealed by Merchant Shipping Act 1992 (2/1992), s. 4 and sch., not commenced as of date of revision.

283.F148[]

C88

Application of section restricted (19.11.1953) by Merchant Shipping (Safety Convention) Act 1952 (29/1952), s. 44, S.I. No. 338 of 1953.

Removing persons in case of danger

44.—Where the Minister for the purpose of enabling persons to be removed from any place in consequence of a threat to their lives has permitted more persons to be carried on board a ship than are permitted under the Merchant Shipping Acts apart from this section, the carriage of that excess of persons shall not be an offence under those Acts.

C89

Application of section construed (1.06.1907) by Merchant Shipping Act 1906 (6 Edw. 7) c. 48, s. 22, commenced as per s. 86(2).

Overcrowding of passenger steamers.

22. If a passenger steamer has on board at any place a number of passengers which, having regard to the time, occasion, and circumstances of the case, is greater than the number allowed by the passenger steamer's certificate, the owner or master of the steamer shall, for the purposes of section two hundred and eighty-three of the principal Act, be deemed to have received those passengers on board at that place.

Editorial Notes:

E124

A fine of £20 translates into a Class C fine, not exceeding €2,500, as provided (4.01.2011) by Fines Act 2010 (8/2010), ss. 3 and 6, table ref. no. 8, S.I. No. 662 of 2010.