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Preservation of evidence
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27. (1) An owner, charterer, master, skipper, person in charge, ship’s agent, ship’s manager or ship’s husband of a ship and any responsible authority shall, in relation to a marine accident, take all reasonable measures to—
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(a) save all information from charts, log books, electronic and magnetic recordings and video tapes, including information from voyage data recorders and other electronic and digital devices relating to the period preceding, during and after the marine accident,
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(b) prevent the overwriting or other alteration of such information,
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(c) prevent interference with any other equipment which might reasonably be considered pertinent to a marine safety investigation or preliminary assessment, and
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(d) collect and preserve all evidence expeditiously for the purposes of the marine safety investigation or preliminary assessment.
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(2) A person who fails to comply with subsection (1) commits an offence and is liable on summary conviction to a class C fine.
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(3) Any person who interferes with or alters information or equipment pertinent to a marine safety investigation or preliminary assessment or who withholds such information or equipment commits an offence and is liable—
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(a) on summary conviction, to a class A fine or imprisonment for a term not exceeding 6 months, or to both, or
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(b) on conviction on indictment, to a fine not exceeding €100,000 or imprisonment for a term not exceeding 2 years, or to both.
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