Merchant Shipping Act 1995

Assistance at sea U.K.

92 Duty of ship to assist the other in case of collision. U.K.

(1) In every case of collision between two ships, it shall be the duty of the master of each ship, if and so far as he can do so without danger to his own ship, crew and passengers (if any)—

(a) to render to the other ship, its master, crew and passengers (if any) such assistance as may be practicable, and may be necessary to save them from any danger caused by the collision, and to stay by the other ship until he has ascertained that it has no need of further assistance; and

(b) to give to the master of the other ship the name of his own ship and also the names of the ports from which it comes and to which it is bound.

(2) The duties imposed on the master of a ship by subsection (1) above apply to the masters of United Kingdom ships and to the masters of foreign ships when in United Kingdom waters.

(3) The failure of the master of a ship to comply with the provisions of this section shall not raise any presumption of law that the collision was caused by his wrongful act, neglect, or default.

(4) If the master fails without reasonable excuse to comply with this section, he shall—

(a) in the case of a failure to comply with subsection (1)(a) above, be liable—

(i) on summary conviction, to [F1 a fine not exceeding £50,000] [F1 a fine] or imprisonment for a term not exceeding six months or both;

(ii) on conviction on indictment, to a fine or imprisonment for a term not exceeding two years or both; and

(b) in the case of a failure to comply with subsection (1)(b) above, be liable—

(i) on summary conviction, to a fine not exceeding the statutory maximum;

(ii) on conviction on indictment, to a fine;

and in either case if he is a certified officer, an inquiry into his conduct may be held, and his certificate cancelled or suspended.

Textual Amendments

F1 Words in s. 92(4)(a)(i) substituted (E.W.) (12.3.2015) by The Legal Aid, Sentencing and Punishment of Offenders Act 2012 (Fines on Summary Conviction) Regulations 2015 (S.I. 2015/664), reg. 1(1), Sch. 4 para. 27(4) (with reg. 5(1))

93 Duty to assist [F2 aircraft] in distress. U.K.

(1) The master of a ship, on receiving at sea a signal of distress [F3 from an aircraft] or information from any source that [F4 an] aircraft is in distress, shall proceed with all speed to the assistance of the persons in distress (informing them if possible that he is doing so) unless he is unable, or in the special circumstances of the case considers it unreasonable or unnecessary, to do so, or unless he is released from this duty under subsection (4) or (5) below.

F5 (2) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(3) The duties imposed on the master of a ship by [F6 subsection (1)]above apply to the masters of United Kingdom ships and to the masters of foreign ships when in United Kingdom waters.

F7 (4) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(5) A master shall be released from the duty imposed by subsection (1) above F8 . . .if he is informed by the persons in distress, or by the master of any ship that has reached the persons in distress, that assistance is no longer required.

(6) If a master fails to comply with the preceding provisions of this section he shall be liable—

(a) on summary conviction, to imprisonment for a term not exceeding six months or to a fine not exceeding the statutory maximum, or both;

(b) on conviction on indictment, to imprisonment for a term not exceeding two years or to a fine, or both.

(7) Compliance by the master of a ship with the provisions of this section shall not affect his right, or the right of any other person, to salvage.

Textual Amendments

F2 Words in sidenote to s. 93 substituted (10.8.1998) by S.I. 1998/1691, reg. 2(7)

F3 Words in s. 93(1) added (10.8.1998) by S.I. 1998/1691, reg. 2(2)(a)

F4 Words in s. 93(1) substituted (10.8.1998) by S.I. 1998/1691, reg. 2(2)(b)

F5 S. 93(2) omitted (10.8.1998) by virtue of S.I. 1998/1691, reg. 2(3)

F6 Words in s. 93(3) substituted (10.8.1998) by S.I. 1998/1691, reg. 2(4)

F7 S. 93(4) omitted (10.8.1998) by virtue of S.I. 1998/1691, reg. 2(5)

F8 Words in s. 93(5) omitted (10.8.1998) by virtue of S.I. 1998/1691, reg. 2(6)