Merchant Shipping Act, 1951 (Act No. 57 of 1951)RegulationsMerchant Shipping (National Small Vessel Safety) Regulations, 2007Part 5 : Supplemental34. Offences, penalties and defences |
| (1) | Every person commits an offence who contravenes regulation 4(1), (3) or (4), 6(3), 7, 8, 9, 10, 11, 12(1), (3), (4) or (5), 13, 14, 15, 16(3) or (5), 17(1), (2), (3), or (5), 18, 19(2), 21(1), (4), (5), (6), (8) orm(10), 22, 27, 28, 29, 36 or 37. |
[Regulation 34(1) substituted by regulation 29 of Notice No. R. 731 dated 11 July 2008]
| (2) | A person who commits an offence in terms of subregulation (1) is liable on conviction to a fine or to imprisonment for a period not exceeding 12 months. |
| (3) | In proceedings for an offence in terms of subregulation (1) it is a defence to prove that the accused took reasonable precautions and exercised due diligence to avoid committing the offence. |
| (4) | In proceedings for an offence in terms of subregulation (1) in relation to regulation 17(2) it is an additional defence to prove that, at the time of the conduct alleged against the accused, he or she was under the influence of a drug taken by him or her for medicinal purposes and either that he or she took it on medical advice and complied with any directions given as part of that advice or that he or she had no reason to believe that the drug might have the influence it had. |