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BERMUDA STATUTORY
INSTRUMENT
BR 24/1993
MARINE BOARD
(SAFETY) REGULATIONS 1993
[made by the
Minister of Transport under section 11 of the Marine Board Act 1962 [title 22
item 3] and brought into operation on
28 May 1993]
ARRANGEMENT OF
REGULATIONS
1 Citation
2 Interpretation
3 Application
4 Boat not exceeding 16' (4.88m) in length
5 Boat not exceeding 20' (6.10m) in length
6 Boat over 20' (6.10m) and not exceeding
40' (12.20m) in length
7 Boat exceeding 40' (12.19m) in length
8 Boat equipped with VHF marine radio
9 Equipment to be maintained
10 Offence
11 Alteration or modification
12 Rescinds S.R.& O. No. 25-1964
Citation
1 These Regulations may be cited as the
Marine Board (Safety) Regulations 1993.
Interpretation
2 In these Regulations, unless the context
otherwise requires—
"approved"
means approved by the Minister in writing;
"inshore
waters" means any of the following areas of water:
(a) all enclosed waters south of a line between
Commissioner's Point and Cobbler's Cut;
(b) Mangrove Bay;
(c) Ely's Harbour and Scaur Harbour;
(d) Harrington Sound;
(e) Flatts Inlet (southeast of Gibbet Island);
(f) Castle Harbour;
(g) Ferry Reach;
(h) St. George's Harbour;
(i) Coot Pond;
(j) Burchall's Cove;
(k) Devonshire Dock;
(l) Sinky Bay and Boats Bay;
(m) Devonshire Bay;
(n) Hungry Bay.
Application
3 These Regulations apply to any boat
while it is within the territorial waters except—
(a) a boat while it is at a mooring or at a dock
and no person is on board it; or
(b) a boat which is solely propelled by oars or paddles
while it is in inshore waters.
Boat not
exceeding 16' (4.88m) in length
4 Every sail boat of a length not
exceeding 16' (4.88M) overall without an engine and which is solely propelled
by wind while it is
in inshore waters shall carry one approved life-jacket each
for every person on board which life-jacket is easily accessible for
use, is in
good and effective condition and is of a suitable size.
Boat not
exceeding 20' (6.10m) in length
5 (1) Every
boat of a length not exceeding 20' (6.10m) overall other than a sail boat
mentioned in regulation 4 shall carry not less than—
(a) one approved life-jacket each for every person
on board
which life-jacket is easily accessible for use, is in good and effective
condition and is of a suitable size;
(b) two oars or paddles;
(c) one bailer or one manual bilge pump;
(d) one anchor with not less than 3' (0.91M) of
chain and not less than 100' (30.48m) of rope attached thereto;
(e) one effective sound producing device;
(f) one effective flashlight.
(2) Every boat of a length not exceeding 20'
(6.10m) overall which proceeds beyond inshore waters shall, in addition to the
items specified
in paragraph (1), carry—
(a) three approved red flares, three approved red
rockets, three approved orange daylight smoke and approved dyemaking equipment
in
effective working condition carried in watertight containers;
(b) one effective mirror.
(3) Every boat of a length not exceeding 20'
(6.10m) overall which is equipped with an inboard motor, or is fitted with
built-in or
fixed fuel tanks, or is equipped with a cooking or heating
appliance shall carry one of the following:
(a) a vapourizing liquid (BCF) fire extinguisher of
not less than 1 lb. (0.68kg) content;
(b) a dry chemical fire extinguisher of not less
than 2 lbs. (1.14kg) content;
(c) a carbon dioxide fire extinguisher of not less
than 5 lbs. (2.27kg) content in effective working condition.
Boat over 20'
(6.10m) and not exceeding 40' (12.20m) in length
6 (1) Every
boat of a length of over 20' (6.10m) and not exceeding 40' (12.19m) overall
shall carry not less than—
(a) one approved life-jacket each for every person
on board which life-jacket is easily accessible for use, is in good and
effective
condition and is of suitable size;
(b) one bailer and one manual bilge pump;
(c) one anchor with not less than 5' (1.52m) of
chain and not less than 200' (60.96m) of rope attached thereto;
(d) one effective sound producing device;
(e) one approved life buoy in good and effective
condition with 50' (15.24m) of floating line attached thereto;
(f) one effective flashlight;
(g) three approved red flares, three approved red
rockets, three approved orange daylight smoke and approved dyemaking equipment
in
effective working condition carried in watertight containers;
(h) one effective mirror.
(2) Every boat of a length of over 20' (6.10m)
and not exceeding 40' (12.19m) overall which is power-driven or is equipped
with cooking
or heating appliance shall carry one of the following:
(a) a vapourizing liquid (BCF) fire extinguisher of
not less than 3 lbs. (1.36kg) content;
(b) a dry chemical extinguisher of not less than 5
lbs. (2.27kg) content;
(c) a carbon dioxide fire extinguisher or not less
than 10 lbs. (4.5kg) content, in effective working condition.
Boat exceediing
40' (12.19m) in length
7 (1) Every
boat of a length exceeding 40' (12.19m) overall shall carry not less than—
(a) one approved life-jacket each for every person
on board which life-jacket is easily accessible for use, is in good and
effective
condition and is of a suitable size;
(b) two bailers and one manual bilge pump;
(c) one anchor with not less than 5' (1.52M) of
chain and not less than 200' (60.96M) of rope attached thereto;
(d) one effective sound producing device;
(e) two approved life buoys in good and effective
condition with 50' (15.24M) of floating line attached thereto;
(f) one effective flashlight;
(g) three approved red rockets, three approved red
flares, three approved orange daylight smoke flares and approved dyemarking
equipment
in effective working condition and carried in watertight containers;
(h) one
effective mirror.
(2) Every boat of a length exceeding 40'
(12.19M) overall which is power-driven or is equipped with a cooking or heating
appliance shall
carry two of any of the following:
(a) vapourizing liquid (BCF) fire extinguishers of
not less than 3 lbs. (1.36kg) content;
(b) dry chemical extinguishers of not less 5 lbs.
(2.27kg) content;
(c) carbon dioxide fire extinguishers of not less
than 10 lbs. (4.5kg) content.
Boat equipped
with VHF marine radio
8 Every boat proceeding to seaward of—
(a) the Narrows Channel;
(b) South Channel;
(c) Western (Hogfish) Boat Channel (Commissioner's
Point to Pompano Beacon);
(d) the outer edge of the reef between Pompano
Beacon and Spit Buoy,
shall be equipped
with a VHF marine radio that is in effective working order.
Equipment to be
maintained
9 The owner of every boat shall cause
its equipment and appliance to be maintained in good order and kept in
readiness for instant
use.
Offence
10 (1) The
owner of every boat is responsible for compliance with these Regulations in
relation to that boat and, in the event of non-compliance,
is guilty of an
offence against these Regulations, unless he can show that the non-compliance
was without his knowledge and consent.
(2) For the purposes of paragraph (1), the owner
shall, while the boat is being used by others when the owner is not on board,
be deemed
to include the person in charge of the boat or, if no person is in
charge thereof, all persons using it.
Alteration or
modification
11 (1) Notwithstanding
the provisions of these Regulations, the Minister may, in special circumstances
or in respect of any particular
occasion, alter or modify the application of
these Regulations or any part of them to any boat or group or type of boat and
in
so doing may specify such conditions as he thinks necessary respecting the
area of operation of, or the equipment or appliance to
be carried by, the boat
or group or type of boat.
(2) Upon such alteration or modification being
made pursuant to paragraph (1), these Regulations or such part of them as is
specified
in the alteration or modification shall apply to any boat or group or
type of boat specified in the alteration or modification.
(3) The Minister may cause to be published in
the Gazette any alteration or modification made under this regulation.
Rescinds
S.R.& O. No. 25-1964
12 The Marine Board Safety Regulations
1964 are rescinded.
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URL: http://www.commonlii.org/bm/legis/consol_act/mbsr1964289