6Obligation to render assistance

6 Obligation to render assistance

(1)  If a vessel is at sea and the master thereof has reason to believe that persons on or from a vessel or aircraft are –

(a) in danger at sea;

(b) in need of assistance as a result of a casualty occurring at sea; or

(c) suffering from illness or injury at sea and require assistance that is not immediately available to them –

the master, unless he is unable to do so, or in the special circumstances of the case considers it unreasonable or unnecessary to do so, shall cause his vessel to proceed with all practicable speed to the assistance of those persons and, if possible, shall inform them that he is doing so.

(2)  The master of a vessel or aircraft in distress may, after consultation with the masters of vessels that answer his call for assistance, requisition such of those vessels as he considers best able to render assistance and the master of a vessel so requisitioned shall comply with the requisition by causing his vessel to proceed with all practicable speed to the assistance of persons in distress on or from the vessel or aircraft in distress.

(3)  When the master of a vessel that has not been requisitioned is informed of the requisition of another vessel and that the requisition is being complied with by that other vessel, he is released from the obligation imposed on him by subsection (1) .

(4)  If the master of a vessel is informed by persons in distress, or by the master of another vessel that has reached those persons, that assistance is no longer necessary he is released from any obligation imposed on him by subsection (1) or (2) in relation to those persons.

(5)  *[Section 6 Subsection (5) amended by No. 67 of 1994, s. 3 and Sched. 1 ]*A person who fails to comply with subsection (1) or (2) is guilty of an offence.

Penalty:  Fine not exceeding 10 penalty units.

(6)  *[Section 6 Subsection (6) amended by No. 67 of 1994, s. 3 and Sched. 1 ]*The master of a vessel shall make a record, or cause a record to be made –

(a) of any information received by him that a vessel or aircraft is in distress at sea; and