Merchant Shipping Act (Cap. 234)

Merchant Shipping Act (Cap. 234), article 305

Official PDF on legislation.mt

305. (1) The master of a Maltese ship, on receiving at sea a signal of distress or information from any source that a vessel or aircraft is in distress, shall proceed with all speed to the as sistance of the persons in distress (informing them if possible that he is doing so), unless he is unable, or in the special circumstances of the case considers it unreasonable or unnecessary, to do so, or unl ess he is released under the provisi ons of sub-article (3) or (4). (2) Where the master of any ship in distress has requisitioned any Maltese ship that has answere d his call, it shall be the du ty of the master of the requisitioned ship to comply with the requisi tion by continuing to proceed with al l speed to the assistance of th e persons in distress. (3) A master shall be released from the obligation imposed by sub-article (1) as soon as he is informed of the requisition of one or more ships other than his own and that the requisition is being complied with by the ship or ships requisitioned. (4) A master shall be released from the obligation imposed by sub-article (1) and, if his ship has been requisitioned, from t he obligation imposed by sub-article (2), if he is informed by the persons in distress, or by the master of any ship that has reac hed the persons in distress, that assi stance is no longer required. (5)If a master fails to comply w ith the preceding provisions of this article, he shall for each offence be liable to imprisonme nt for a period not exceeding two years or to a fine ( multa) not exceeding one thousand units or to both such imprisonment and fine. (6) If the master of a Maltese ship, on receiving at sea a signa l of distress or information from any source that a vessel or air craft is in distress, is unable, or in the special circumstances of t he case considers it unreasonable or unnecessary, to go to the assistan ce of the persons in distress, he shall forthwith cause a statement t o be entered in the official log book of his reasons for not going t o the assistance of those persons, a nd if fails to do so, he shall be liable to a fine ( multa) not exceeding one hundred units. (7) The master of every Maltese ship shall enter or cause to be entered in the official log book every signal of distress or me ssage that a vessel, aircraft or p erson is in distress at sea. (8) Compliance by the master of a ship with the provisions of this article shall not affect his right, or the right of any ot her person, to salvage. Duty to render assistance to persons in danger at sea.  Amended by:  XIII. 1983.5; XXII. 2000.2.

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Text read from the consolidated PDF published by Legislation Malta. Tables, figures and marginal notes may be incomplete or out of place: the official PDF is authoritative. General information, not legal, tax or accounting advice.