18.—(1) The person in command or in charge of a vessel which he or she knows or could have discovered by the exercise of ordinary care is in such an unseaworthy state that the vessel is a danger to the safety or lives of persons on board or other users of the sea or waters or is unsafe for use at sea or in waters and goes out to sea or in waters or sails or operates the vessel or attempts such in Irish waters, is guilty of an offence.