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Pilotage Act 1983

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Offences by Pilots

52Penalty on pilot endangering ship, life, or limb

If, when piloting a ship, any pilot by wilful breach of duty or by neglect of duty, or by reason of drunkenness—

(a)does any act tending to the immediate loss or destruction of or serious damage to the ship, or tending immediately to endanger the life or limb of any person on board the ship; or

(b)refuses or omits to do any lawful act proper and requisite to be done by him for preserving the ship from loss, destruction, or serious damage, or for preserving any person belonging to or on board the ship from danger to life or limb ;

that pilot shall be guilty of an offence and liable—

(i)on summary conviction, to imprisonment for a term not exceeding 3 months or a fine of an amount not exceeding the statutory maximum or both ;

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

53Penalty on person obtaining charge of a ship by misrepresentation

If any person, by wilful misrepresentation of circumstances upon which the safety of a ship may depend, obtains, or endeavours to obtain, the charge of that ship, that person and every person procuring, abetting or conniving at the commission of the offence shall, in addition to any liability for damages, be liable on summary conviction in respect of each offence to a fine not exceeding—

(a)in England and Wales and in Scotland, level 5 on the standard scale,

(b)in Northern Ireland, £1,000.

54Offences by pilots

(1)If a licensed pilot, either within or outside the district for which he is licensed.—

(a)is in any way directly or indirectly concerned in any corrupt practices relating to ships, their tackle, furniture, cargoes, crews, or passengers, or to persons in distress at sea or by shipwreck, or to their moneys, goods, or chattels;

(b)lends his licence;

(c)acts as pilot when he knows he is suspended;

(d)acts as pilot when in a state of intoxication;

(e)employs, or causes to be employed, on board any ship which he is piloting any boat, anchor, cable, or other store, matter, or thing beyond what is necessary for the service of that ship, with intent to enhance the expenses of pilotage for his own gain or for the gain of any other person;

(f)refuses, or wilfully delays, without reasonable cause, to pilot any ship within the district for which he is licensed, upon the signal for a pilot being made by that ship, or upon being required to do so by the master, owner, agent, or consignee thereof, or by any officer of the pilotage authority by whom the pilot is licensed, or by any chief officer of Customs and Excise;

(g)unnecessarily cuts or slips, or causes to be cut or slipped, any cable belonging to any ship ;

(h)refuses, otherwise than on reasonable ground of danger to the ship, when requested by the master, to conduct the ship which he is piloting into any port or place within the district for which he is licensed; or

(i)quits the ship, which he is piloting, before the service for which he was engaged has been performed and without the consent of the master of the ship ;

that pilot shall, in addition to any liability for damages, be liable on summary conviction in respect of each offence to a fine not exceeding—

(i)in England and Wales and in Scotland, level 4 on the standard scale,

(ii)in Northern Ireland, £500.

(2)If any person procures, aids, abets or connives at the commission of any offence under this section he shall, in addition to any liability for damages, be liable on summary conviction to a fine not exceeding—

(a)in England and Wales and in Scotland, level 4 on the standard scale,

(b)in Northern Ireland, £500.

(3)The provisions of the law relating to customs or excise with respect to the recovery of penalties under that law, and the application of such penalties, shall apply in the case of any prosecution by any officer of Customs and Excise for the recovery of a fine in respect of any offence against this section.

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