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Conduct of pilot endangering ship or safety of persons.
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77.—(1) If a pilot in the course of piloting a ship—
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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 the ship or its machinery, navigation equipment or safety equipment,
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(ii) the loss or destruction of or serious damage to any other ship 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 the ship 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 the ship from death or serious injury, or
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(iii) to prevent the ship from causing the loss or destruction of or serious damage to any other ship or any structure, or the death of or serious injury to any person not on board the ship,
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and the act or omission was deliberate or amounted to a breach or neglect of duty or the pilot was under the influence of alcohol or any controlled drug (within the meaning of the Misuse of Drugs Acts, 1977 and 1984) at the time of the act or omission, he or she shall, subject to subsection (2), be guilty of an offence.
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(2) In proceedings for an offence under this section it shall be a defence to prove—
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(a) that in all 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 her, or
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(b) 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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(3) In this section “structure” means any fixed or movable structure (of whatever description) other than a ship.
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