The Merchant Shipping (Additional Safety Measures for Bulk Carriers) Regulations 2022

Offences and penalties

21.—(1) If a bulk carrier proceeds or attempts to proceed to sea or on any voyage, or arrives within United Kingdom waters, in breach of the requirements of—

(a) regulation 10(1) or (2) (surveys and maintenance of bulk carriers);

(b) regulation 11(1) (surveys of certain bulk carriers constructed before 1st July 1999);

(c) regulation 12(2), (3) or (4) (damage stability requirements applicable to bulk carriers);

(d) regulation 13(2) or (3) (structural strength of bulk carriers constructed on or after 1st July 1999);

(e) regulation 14(2), (3) or (4) (structural and other requirements for bulk carriers);

(f) regulation 15(3) or (4) (information on compliance with the requirements for bulk carriers);

(g) regulation 17(1) or (2) (loading instrument);

(h) regulation 18 (water level detectors);

(i) regulation 19 (pumping systems);

(j) regulation 20(2) (restrictions from sailing with any hold empty),

applicable to that bulk carrier, the owner and the master are each guilty of an offence in respect of each case of non-compliance.

(2) If a bulk carrier to which regulation 16 (solid bulk cargo density declaration) applies is loaded with bulk cargo without complying with the requirements of regulation 16(1) or (2), the shipper is guilty of an offence in respect of each case of non-compliance.

(3) An offence under paragraph (1) or (2) is punishable—

(a) on summary conviction—

(i) in England and Wales by a fine; or

(ii) in Scotland or Northern Ireland by a fine not exceeding the statutory maximum; or

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