Merchant Shipping Act, 1951 (Act No. 57 of 1951)

Chapter IX : Offences, Penal Provisions and Legal Procedure

313. Penalties for offences
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(1)Every person who is guilty of an offence under this Act for which no penalty is specially provided in subsection (2) or (3) of this section or section 323(4) or under section 356(5) shall on conviction be liable to a fine, or to imprisonment for a period not exceeding three months.

 

(2)Every person who is guilty of an offence under this Act mentioned in Column 1 hereunder shall on conviction be liable to a penalty not exceeding the penalty mentioned in Column 2 hereunder opposite the offence:

 

Column 1

Column 2

Contravening or failing to comply with the following provisions

Penalty

Section 201

Fine, or imprisonment for a period not exceeding three months, and, in addition, for every passenger in excess of the number permitted by the certificate or memorandum, a fine of double the highest fare payable by any passenger on board.

Section 9(2), 16, 19(2), 36(2), 65(2),

68, 72, 117(1), 118, 172, 174(2)(c) or

(e), 200(1)(c) or (d), 203(9), 212(b),

213, 219(a)(ii), 228(1), 232(1), 250 or

303(1)

Fine, or imprisonment for a period not exceeding six months.

Section 32(2)

Fine, or imprisonment for a period not exceeding six months, and, in addition, a fine not exceeding R100 for every day during which the offence continues after conviction.

Section 73(1), 174(2)(d), (f) or (g),

200(1)(a) or (b), 212(a), 219(a)(i) or

(b), 221(1), 235(1) or (2), 236(1),

237(1) or (2), 316(a), (b), (e), (f), (g) or

(h) or 320

Fine, or imprisonment for a period not exceeding one year.

Section 9(3), 11(2), 25, 65(3), 66, 67,

174(1) 204(3), 234(1) or (2), 296,

299(2), 314, 315 or 316(c)

Fine, or imprisonment for a period not exceeding two years.

Section 214(1)

Fine, or imprisonment for a period not exceeding two years,

and in addition, a fine of R4 000 for every 25 mm or fraction

thereof by which the appropriate load line on each side of the

ship was submerged or would have been submerged if the ship

had no list.

Section 240

For vessels of less than 25 gross tons, a fine, or imprisonment for a period not exceeding six months.

 

For vessels of 25 gross tons and over but less than 100 gross tons, a fine, or imprisonment for a period not exceeding one year.

 

For vessels of 100 gross tons and over but less than 500 gross tons, a fine, or imprisonment for a period not exceeding two years.

 

For vessels of 500 gross tons and over but less than 1 000 gross tons, a fine, or imprisonment for a period not exceeding three years.

 

For vessels of over 1 000 gross tons, a fine, or imprisonment for a period not exceeding four years.

Section 259(1)(c)

Fine, or imprisonment for a period not exceeding three years.

Section 316(d)

Fine, of treble the value of the ship or goods received or had in possession, or R12 000, whichever is the greater, or imprisonment for a period not exceeding three years.

 

(3)Every person who, being the master of a ship involved in a collision, fails to comply with the provisions of section 258(1) or who, being the master of a ship to which any provision of the collision regulations applies, without reasonable  cause contravenes or fails to comply with that provision, shall on conviction be liable to a fine, or imprisonment for a period not exceeding two years.

 

[Section 313 substituted by section 27 of Act No. 18 of 1992]