Subject to paragraph (2) below, in any case where a fishing vessel, to which Part II or III of these Regulations applies, does not comply with the requirements of these Regulations, the fishing vessel shall be liable to be detained and section 284 of the Merchant Shipping Act 1995 M1 (which relates to the detention of a ship) shall have effect in relation to the fishing vessel as if for the words “this Act", wherever they appear, there were substituted the words “the Merchant Shipping (Radio) (Fishing Vessels) Regulations 1999".

A fishing vessel shall not be detained in a port where repair facilities are not readily available by reason of malfunction of the equipment for providing general radio communications, if the fishing vessel is capable of performing all distress and safety functions.