Maritime Safety Act 2005
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Prohibition from operating craft. |
15.—(1) A person who is convicted of— | |
(a) within a period of 2 consecutive years, a second or subsequent offence under this Part or an offence under section 23 involving the careless navigation or operation of a craft, or | ||
(b) an offence under section 24 involving the dangerous navigation or operation of a craft, | ||
in addition to the penalty imposed by the court under the relevant provision is prohibited from operating a craft in Irish waters— | ||
(i) in the case of an offence referred to in paragraph (a), for not more than 2 years, or | ||
(ii) in the case of an offence referred to in paragraph (b), for such period as the court sees fit. | ||
(2) A person who has been prohibited under subsection (1) for a period exceeding 6 months may, at any time and from time to time after the expiration of 3 months from the beginning of the period of the prohibition and before the expiration of that period, apply to the court which made the order, for the removal of the prohibition, and that court, if it considers (having regard to all such matters which appear to it to be relevant, including the character of the applicant, his or her conduct after conviction and the nature of the offence) that circumstances exist which justify such a course, may by order remove the prohibition as from a specified date not earlier than 6 months after the beginning of the period of the prohibition. | ||
(3) Where an application under subsection (2) is refused, a fresh application shall not be made within 6 months of the refusal. | ||
(4) A person who operates a craft in Irish waters while prohibited under subsection (1) from operating a craft in Irish waters is guilty of an offence and is liable on summary conviction to a fine not exceeding €5,000 or to imprisonment for a term not exceeding 3 months or both. |