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The Merchant Shipping (Working Time: Inland Waterways) (Amendment) Regulations 2017
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- UK Statutory Instruments
- 2017 No. 1149
- Regulation 20
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Amendment of the Merchant Shipping (Working Time: Inland Waterways) Regulations 2003
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20. For regulation 17 (offences) substitute—
“17.—(1) An employer who fails to comply with any requirement referred to in paragraph (2) commits an offence.
(2) The requirements referred to in paragraph (1) are—
(a)regulation 6 (maximum daily working time);
(b)regulation 6A (maximum weekly working time);
(c)regulation 6B (maximum annual working time);
(d)regulation 6C(1) (maximum average weekly working time);
(e)regulation 6D (maximum average weekly working time where there are more working days than rest days);
(f)regulation 7C (length of night work);
(g)regulation 15A(2) (seasonal work on passenger ships).
(3) An employer who fails to comply with regulation 7A(1) (health assessments for night workers) commits an offence.
(4) An employer who fails to comply with regulation 7B(1) (transfer of night workers to day work) commits an offence.
(5) An employer who fails to comply with regulation 8 (pattern of work) commits an offence.
(6) An employer who fails to comply with regulation 9 (records) commits an offence.
(7) An employer who fails to comply with regulation 10B(2) (working days and rest days) commits an offence.
(8) An employer who fails to comply with regulation 16 (power to require information) commits an offence.
(9) A master who fails to comply with regulation 14A(3) (emergency situations) commits an offence.
(10) An offence under these Regulations is punishable on summary conviction—
(a)in England and Wales by a fine; or
(b)in Scotland or Northern Ireland by a fine not exceeding the statutory maximum.
(11) In any proceedings for an offence under these Regulations it is a defence for the defendant to show that all reasonable steps had been taken to ensure compliance with the Regulations.”
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