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The Merchant Shipping (Safe Manning, Hours of Work and Watchkeeping) Regulations 1997

The Merchant Shipping (Safe Manning, Hours of Work and Watchkeeping) Regulations 1997 reg 17

reg 17 Penalties

(1) Any company which contravenes regulation 4(2) or (4), 5(1) or (3), 9(1), (2), (8) or (10) or 14 shall be guilty of an offence punishable on summary conviction by a fine not exceeding the statutory maximum, or on indictment by a fine, or (in the case of an individual) by imprisonment not exceeding 6 months, or both. (2) Any master who contravenes regulation 4(b), 5(2), 7(2), 11(1) or (2), 12, 13 or 14 shall be guilty of an offence punishable on summary conviction by a fine not exceeding the statutory maximum, or on indictment by a fine, or by imprisonment not exceeding 6 months, or both. (3) Any member of the crew who contravenes regulation 4(6) shall be guilty of an offence, punishable on summary conviction by a fine not exceeding level 3 on the standard scale. (4) Any chief engineer who contravenes regulation 11(3) shall be guilty of an offence punishable on summary conviction by a fine not exceeding level 5 on the standard scale. (5) Any company which contravenes regulation 7(1) shall be guilty of an offence and liable on summary conviction to a fine not exceeding level 5 on the standard scale. (6) Any employer who contravenes regulation 7(1) shall be guilty of an offence and liable on summary conviction to a fine not exceeding level 5 on the standard scale. (7) Any master who contravenes regulation 8, 9(9) or (10) shall be guilty of an offence and liable on summary conviction to a fine not exceeding level 1 on the standard scale. (8) Any seaman who contravenes regulation 8 shall be guilty of an offence and liable on summary conviction to a fine not exceeding level 1 on the standard scale. (9) It shall be a defence for a person charged with an offence under these Regulations to prove that he took all reasonable steps to avoid commission of the offence. (10) In any proceedings for an offence under these Regulations consisting of a failure to comply with a duty or requirement to do something so far as is reasonably practicable, it shall be for the accused to prove that it was not reasonably practicable to do more than was in fact done to satisfy the duty or requirement.

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