Maritime Safety Act 2005

Dangerous navigation or operation of vessels.

24.—(1) A person shall not in Irish waters navigate or operate a vessel in a manner (including at a speed) which, having regard to all the circumstances of the case (including the condition of the vessel or class of vessel, the nature, condition and use of the waters and the amount of maritime traffic, or number of people, which or who then actually are, or might reasonably be expected then to be, on or in those waters) is dangerous to persons in or on those waters or land, within the State, adjacent to those waters.

(2) A person who, without reasonable excuse, contravenes subsection (1) is guilty of an offence and—

(a) where the contravention causes death or serious bodily harm to another person, is liable, on conviction on indictment, to imprisonment for a term not exceeding 5 years or to a fine not exceeding €100,000 or both, and

(b) in any other case, is liable, on summary conviction, to a fine not exceeding €5,000 or to imprisonment for a term not exceeding 6 months or both.

(3) Where, when a person is tried on indictment or summarily for an offence under this section, the jury, or in the case of a summary trial the District Court, is of opinion that the person was not guilty of an offence under this section but was guilty of an offence under section 23 , the jury or court may find the person guilty of an offence under that section and the person may be sentenced accordingly.