Merchant Shipping Act (Cap. 234)
Merchant Shipping Act (Cap. 234), article 305
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.
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.