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Conduct endangering vessels, structures or individuals.
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23.—(1) This section applies to—
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(a) the master of, or any seaman employed in, a vessel registered in the State, and
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(b) the master of, or any seaman employed in, a vessel registered outside the State while in a port, harbour or other place in the State or within the territorial seas while proceeding to or from any such port or harbour or place.
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(2) If a person to whom this section applies, while on board his vessel or in its immediate vicinity—
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(a) does any act which causes or is likely to cause—
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(i) the loss or destruction of or serious damage to his vessel or its machinery, navigation equipment or safety equipment,
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(ii) the loss or destruction of or serious damage to any other vessel or any structure, or
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(iii) the death of or serious injury to any person,
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or
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(b) omits to do anything required—
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(i) to preserve his vessel or its machinery, navigation equipment or safety equipment from being lost, destroyed or seriously damaged,
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(ii) to preserve any person on board his vessel from death or serious injury, or
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(iii) to prevent his vessel from causing the loss or destruction of or serious damage to any other vessel or any structure, or the death of or serious injury to any person not on board his vessel,
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and the act or omission was deliberate or amounted to a breach or neglect of duty or the person to whom this section applies was under the influence of alcohol or any other drug at the time of the act or omission, that person shall, subject to subsection (4), be guilty of an offence.
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(3) A person guilty of an offence under this section shall be liable—
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(a) on summary conviction, to a fine not exceeding £1,000 or to imprisonment for a term not exceeding 6 months or to both, and
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(b) on conviction on indictment, to a fine not exceeding £5,000 or to imprisonment for a term not exceeding 2 years or to both.
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(4) In proceedings for an offence under this section it shall be a defence to prove—
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(a) that the accused person could have avoided committing the offence only by disobeying a lawful command, or
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(b) that in all the circumstances the loss, destruction, damage, death or injury in question or, as the case may be, the likelihood of its being caused either could not reasonably have been foreseen by the accused person or could not reasonably have been avoided by him, or
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(c) if the act or omission alleged against the accused person constituted a breach or neglect of duty, the accused person took all reasonable steps to discharge that duty.
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(5) In this section—
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“breach or neglect of duty”, except in relation to a master, includes any disobedience to a lawful command;
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“duty”—
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(a) in relation to a master or a seaman, means any duty falling to be discharged by him in his capacity as such, and
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(b) in relation to a master, includes his duty with respect to the good management of his vessel and his duty with respect to the safety of operation of his vessel, its machinery and equipment;
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“structure” means any fixed or movable structure (of whatever description) other than a vessel.
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