Road Traffic Management Corporation Act, 1999
R 385
Marine Traffic Act, 1981 (Act No. 2 of 1981)RegulationsMarine Traffic (Inshore Vessel Traffic Services) Regulations, 200014. Offences and penalties |
| (1) | The following persons are, subject to subregulation (2), guilty of an offence in respect of the contravention referred to and are liable on conviction to a fine or to imprisonment for a period not exceeding two years: |
| (a) | The master of a ship that contravenes— |
| (i) | a direction given by a marine traffic regulator under regulation 5(1)(c) or (d); or |
| (ii) | regulation 6(2); |
| (b) | the master, pilot or person in charge of the deck watch of a ship, as the case may be, who contravenes a direction given by a marine traffic regulator under regulation 5(1)(b); and |
| (c) | the master of a ship who contravenes regulation 6(1), (3) or (4), 7(1), 8, 9 or 10. |
| (2) | It is a defence to a charge in terms of subregulation (1) that the master, pilot or person in charge of the deck watch of the ship had reasonable grounds to believe that compliance would have imperilled life, the ship or any other ship or any property and, in the case of contravening a direction referred to in subregulation (1)(a)(i) or (b), notified the marine traffic regulator that gave the direction, as soon as possible, of the contravention and of the reasons therefor. |
| (3) | In a prosecution of a master for an offence referred to in subregulation (1)(a) it is sufficient proof of the commission of the offence to establish that the act or neglect that constitutes the offence was committed by the master of or any person on board the ship, whether or not the person on board the ship has been identified; and, for the purposes of any prosecution of a master for an offence referred to in subregulation (1)(a)(i), a direction given to the master of or any person on board the ship shall be deemed to have been given to the ship. |
