33.—(1) If any provision of this Order is contravened in relation to a hovercraft, the operator of that hovercraft and the captain thereof, shall (without prejudice to the liability of any other person under this Order for that contravention) be deemed for the purposes of sub-paragraphs (3) to (5) of this Article to have contravened that provision unless he proves that the contravention occurred without his consent or connivance and that he exercised all due diligence to prevent the contravention.
(2) If it is proved that an act or omission of any person which would otherwise have been a contravention by that person of a provision of this Order was due to any cause not avoidable by the exercise of reasonable care by that person the act or omission shall be deemed not to be a contravention by that person of that provision.
(3) If any person contravenes any provision of this Order, not being a provision referred to in paragraph (4) or paragraph (5) of this Article, he shall be liable on summary conviction to a fine not exceeding ten pounds; or in the case of a second or subsequent conviction for the like offence to a fine not exceeding twenty pounds.
(4) If any person contravenes any provision specified in Part A of the Schedule to this Order he shall be liable on summary conviction to a fine not exceeding fifty pounds; or in the case of a second or subsequent conviction for the like offence to a fine not exceeding one hundred pounds, or on indictment both to such fine and to imprisonment for a term not exceeding three months.
(5) If any person contravenes any provision specified in Part B of the said Schedule he shall be liable on summary conviction to a fine not exceeding two hundred pounds or, on indictment both to such fine and to imprisonment for a term not exceeding six months.