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Bahamas Numbered Acts |
No. 20 of 2006 |
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AN ACT TO PROVIDE FOR THE REGULATION AND |
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CONTROL OF COMMERCIAL RECREATIONAL |
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WATERCRAFT AND MATTERS CONNECTED |
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THEREWITH |
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[Date of Assent - 17th July, 2006] |
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Enacted by the Parliament of The Bahamas. |
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PRELIMINARY |
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1.(1)
This Act may be cited as the
Commercial Recreational Watercraft Act 2006.
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Short title and commencement. |
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(2)
This Act shall come into
operation on such day as the Minister may, by notice published in
the Gazette, appoint.
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2.
In this Act, unless the
context otherwise requires -
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Interpretation. |
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"authorized insurer" means a company registered in The Bahamas to carry on the business of insurance in respect of craft, personal injury and loss of life arising from accidents; |
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"authorised officer" means a member of the Royal Bahamas Police Force, the Royal Bahamas Defence Force and any officer of the New Providence Port Authority or Port Department or an officer authorized under section 38 of the Local Government Act; |
Ch. 37. |
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"Authority" means the Port Controller or a port authority in a port area as defined in the Port Authorities Act; |
Ch. 269. |
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"craft" means a commercial recreational watercraft including banana boats, parasail operations and any such crafts; |
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"licence" means a licence issued under this Act; |
Ch. 278. |
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"Minister" means the Minister responsible for water sports; |
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"New Providence Port Authority" means the Port Authority for New Providence appointed under the Port Authorities Act; |
Ch. 269. |
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"operator" means an owner or a person who manages or handles a craft; "owner" includes owner, a part owner or any person who has possession of a craft; |
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"passenger" means a person who is carried on a craft; |
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"Port Controller" has the meaning assigned to it by section 2 of the Port Authorities Act; |
Ch. 269. |
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"register" means the register or registers kept by the Port Controller under this Act and "registered" means registered in that register or those registers; |
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"Registration" means registration of a craft under this Act; |
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"Regulations" means regulations made under this Act; |
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"user" means a person who rents, rides, or is towed, drawn by a craft; |
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"waters" means the territorial waters of The Bahamas as prescribed; |
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"zoning" means any area designated by the Port Controller for usage by a craft as prescribed under regulations. |
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PART I |
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THE AUTHORITY |
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3.(1)
The Port Controller or port
authority in a port area as defined under the Port Authorities Act
is the Authority under this Act.
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The Port Controller, port authority and functions. Ch. 269. |
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(2)
It shall be the function of
the Authority -
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(a)
to regulate, control and
administer all matters related to commercial recreational water
sports in The Bahamas;
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(b)
to collect all licensing fees and
other moneys payable under this Act except in the Family Islands
where the Administrator shall collect
fees and other monies that
are payable; and
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(c)
to advise the Government on any
matters relating to its functions.
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4.(1)
Without prejudice to the
generality of the foregoing provisions of this Act, but subject to
the provisions of this Act, the Authority
shall have the power to
discharge all things that are necessary to carry out its
functions.
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Powers of the Authority. |
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(2)
It shall be lawful for any
authorised officer to detain any craft suspected of being operated
for hire and whether registered under
this Act or not for the
purpose of preventing or detecting the violation of any of the
provisions of this Act, for so long as is
necessary for the
carrying out of his duty.
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5.
In the exercise of its
functions, the Authority shall afford to the Minister facilities
for obtaining information with respect to
the property and activity
of the Authority and shall furnish him with returns, accounts and
other information with respect thereto
and afford him facilities
for the verification of any information furnished, in such manner
and at such times as the Minister may
require.
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Relations between the Minister and the Authority. |
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PART II |
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REGISTRATION OF CRAFT ; AUTHORISED OFFICER |
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6.(1)
For the purposes of this Act,
the Port Controller shall maintain a register of all crafts.
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Register of craft. |
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(2)
The register shall contain a
record of the following -
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(a)
the name and address of the
registered owner, and, where-the owner is a company, the beneficial
owner or owners of the company;
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(b)
the name of the associated party
where the owner is subjected to a hire‑purchase
agreement;
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(c)
the registered number, the make,
model and serial number of the craft together with particulars of
any previous registration;
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(d)
the name and address of the
insurer; and
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(e)
the name and address of the
licensed operator of the craft.
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(3)
The register may contain such
other records and particulars as may be prescribed by the Minister,
as the case may be.
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7.(1)
In order to be registered
under this Act, a policy of insurance must be obtained by the owner
of the craft with requirements as advised
by the Authority as
prescribed under regulations.
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Requirements in respect of insurance. |
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(2)
The policy of insurance shall
be effected with an authorized insurer.
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8.(1)
No craft shall ply, be offered
or let for hire for use in the waters as prescribed in regulations
unless and until it is registered
by the Authority in the port
area' in which it is to operate.
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Craft operators to be licensed. |
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(2)
The operation of a craft is
restricted to the areas prescribed in regulations.
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(3)
No person shall act as an
operator of a craft required to be registered under this Act unless
and until he holds a licence for that
purpose.
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9.(1)
No person shall operate or
drive a craft -
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Reckless operation of craft. |
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(a)
within two hundred feet of the
shoreline in the designated areas prescribed under
regulations;
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(b)
in wilful or reckless disregard
for the safety of any person or property;
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(c)
without due caution and
circumspection; or
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(d)
at a speed or in a manner likely
to endanger life or limb or to damage the property of any person;
and
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(e)
when entering or departing the
shore except by way of the clearly delineated sea lane by the Port
Authority using buoys and ropes
between the open sea and the
restricted zone and the shore .
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(2)
Any person who contravenes the
provision of this section shall be guilty of an offence and shall
be liable on summary conviction to
a line not exceeding live
thousand dollars or to imprisonment to a term not exceeding two
years or both.
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10.(1)
The Authority shall meet once
in every quarter, or as often as is necessary for the purpose of
considering applications, for the grant
of licences, and for any
other general purpose as provided for under this Act. The Authority
shall give thirty (30) days notice,
in respect of any new
applications and fourteen (14) days notice in respect of renewal
applications of a sitting and shall publish
such notice in the
Gazette and in at least one newspaper in The Bahamas, and, in the
case of a port area a copy of the notice shall
be affixed in a
conspicuous place near to the place of the intended sitting.
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Sittings of the Authority. |
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(2)
livery notice under this
section shall set out the full names and addresses of the
applicants and the names and full descriptions
of the craft in
respect of which a licence is being applied for.
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11.(1)
Subject to the provisions of
this Act, the Authority shall register a craft or grant a licence
to an owner or operator if the applicant
satisfies all the
requirements that are specified by the Act and regulations thereto.
All conditions and restrictions shall be endorsed
on the
certificate of registration or the licence, as the case may
be.
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Registration and licensing by the Authority. |
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(2)
The Authority may at any time
on good cause being shown and after an owner of a craft for hire or
a licensed operator, as the case
may be, has had an opportunity to
explain any complaint against him before the Authority, cancel a
registration or a licence, or
impose conditions and restrictions in
respect thereof.
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(3)
The registration of a craft or
the licence issued to an operator under this Act shall be granted
or renewed for a period not exceeding
one year and ending on the
thirty-first day of December.
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(4)
Notwithstanding the provisions
of subsection (1), the Minister shall in his discretion determine
from time to time the number of crafts
of any type or class that
may be registered at any one time in The Bahamas or in any part
thereof, and notice of which number shall
be published in the
Gazette.
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(5)
Where the Minister proposes to
increase or decrease under subsection (4) of this section the
maximum number of any craft referred
to in that subsection, he
shall cause his proposals for that purpose to be published in the
Gazette , and there shall elapse between
the date of the
publication in the Gazette and the date of the announcement or his
determination, a period of not less than thirty
days.
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12.(1)
Any person may oppose the
registration of a craft or the grant of a licence to operate a
craft, provided that -
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Opposition to grant of registration or licence. |
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(a)
he has given written notice to
the Authority and to the applicant of his intention to oppose the
registration or the grant of a licence,
as the case may be, and has
stated in such notice in specific terms the grounds of opposition;
and
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(b)
such notice has been given to the
Authority and to the applicant not less than six days before the
day fixed for the hearing of the
application.
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(2)
The Authority may,
notwithstanding that notice of opposition shall not have been
given, adjourn the hearing of the application to
a future day, and
require the attendance of the applicant and any other person
concerned on such day when the matter will be heard
and the
objection considered as if the notice hereinbefore prescribed had
been given.
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13.(1)
In all islands of The Bahamas
an owner of a craft desirous of obtaining registration or a person
desirous of obtaining a licence to
operate a craft for hire under
this Act may apply to the Authority for the port area in which the
craft is to be operated.
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Procedure for registration and grant of licence. |
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(2)
An owner of a craft who
applies for registration under this Act shall submit in writing
plans, specifications and inventories of the
craft and produce for
inspection the machinery, gear, fixtures, and equipments used in
connection with the craft.
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(3)
An application under this
section may be opposed before the Authority and the provisions of
section 12 of this Act relating to the
opposition of applications
shall apply.
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14.
It shall not be lawful for any
person who -
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Certain persons disqualified from owning or operating a craft. |
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(a)
is under eighteen years of age;
or
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(b)
has been convicted of any
offence, which in the opinion of the Authority renders him unfit to
be the owner or operator of a craft
for hire,
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to obtain a licence to operate a craft. |
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15.(1)
An owner, operator or a person
in charge of a craft or a person who makes it available for rent
shall not allow a person who is under
eighteen years of age to
operate the craft.
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Age prohibition to use of craft. |
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(2)
A person who is under eighteen
years of age shall not rent or use a craft in and around the waters
of The Bahamas.
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(3)
Every person who fails to
comply with the provisions of this section shall be guilty of an
offence and shall be liable on summary
conviction to a penalty not
exceeding five thousand dollars or to imprisonment for a term not
exceeding two years or both.
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16.(1)
An authorised officer may
question any person respecting any contravention or suspected
contravention of the provisions of this Act,
and may go on board
any craft for that purpose.
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Powers of authorised officer. |
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(2)
The owner or operator of a
craft boarded pursuant to subsection (1) and every person found on
board the craft shall give the authorised
officer all reasonable
assistance in his power to enable the officer to carry out his
duties and functions under this Act, and shall
furnish the officer
with such information as he may reasonably require.
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(3)
An authorised officer may, in
order to verify and ensure compliance with this Act,
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(a)
direct the user of a craft to
stop the craft; and
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(b)
require the user of a craft to
produce proof of age.
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17.(1)
Any authorised officer may at
any time without summons, warrantor other process detain any craft
and any person found in possession
of the craft in relation to
which he reasonably believes has been used to commit an
offence.
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Powers of seizure, arrest by authorised officers. |
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(2)
Where any craft is seized or
detained or any person is detained under subsection (1), the
officer shall take into custody the person
and the craft, and if
the officer is not a police officer, that person and craft shall be
delivered as soon as practicable to a police
officer.
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(3)
Where on delivering any person
into the custody of a police officer in accordance with the
provisions of subsection (2) the authorised
officer makes a
complaint to such officer that such person has committed an offence
against this Act, the police officer shall as
soon as may be
practicable cause such person to be brought before a Magistrate's
Court to be dealt with according to law, and no
later than the
period permitted under section 19 of the Criminal Procedure
Code.
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Ch. 91. |
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(4)
Where any craft is delivered
into the custody of a police officer at my place in accordance with
subsection (2) such craft shall be
detained in the custody of the
Commissioner of Police at that place or at such other place as the
Commissioner of Police may direct
until the same shall be forfeited
or released as the case may be, in accordance with the provisions
of this section.
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(3)
Any craft detained under
subsection (1) shall be released upon demand to the owner or his
duly accredited agent,
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(a)
within the period of seven days
next following the date of delivery of the craft to the police
officer, if no proceedings are instituted
within the period against
the owner or other person in charge of the craft, unless the court
orders the further detention of the
craft for forensic
examination;
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(b)
in any case where such
proceedings are instituted as aforesaid and the craft is not liable
or ordered to be forfeited upon the final
determination of the
proceedings and the payment of any fine imposed by the court in
such proceedings within the time prescribed
by the court for such
payment.
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(6)
Any craft detained under
subsection (1) shall be subject to a lien in favour of the
government for the amount of any fine imposed
by the court upon the
owner or other person in charge thereof in any proceedings in
respect of an offence against this Act, and if
such fine shall not
have been paid by the due date for payment thereof the court, at
the time of sentencing, may authorize the Authority,
at any time
thereafter to sell the craft by public auction and deduct the
amount of the fine or fines unpaid and the expenses incurred
in
selling the craft from the proceeds of the sale and pay the balance
to the Treasurer to be held by the Treasurer and paid by him
to
such person as shall satisfy him that he is entitled thereto.
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18.(1)
Subject to subsection (2), all
authorised officer may, in order to promote public safety or to
ensure compliance with this Act, direct
or prohibit the movement of
any craft.
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Movement of craft. |
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(2)
Except in an emergency, an
authorised officer shall not, without the prior consent of the
person in charge of monitoring marine traffic,
give a direction
under subsection (1) that would contradict a direction given by
that person in respect of a craft when it is in
the territorial
waters of The Bahamas.
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19.(1)
A signal for a craft to stop
shall consist of -
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Signal for craft to stop. |
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(a)
a series of short blasts on a
siren, whistle, horn or other sounding device; or
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(b)
any readily understandable usual
signal given by an authorised officer.
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(2)
Every person shall comply with
-
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(a)
every direction and prohibition
given by an authorised officer pursuant to section 18; and
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(b)
every signal made by an
authorised officer pursuant to subsection (1).
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PART III |
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OFFENCES AND PENALTIES |
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20.(1)
Every person being the owner
of a craft‑
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Offences and penalties. |
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(a)
required by this Act to be
registered who shall fail to have such craft registered; or
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(b)
the registration whereof has been
cancelled or has expired; or
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(c)
which is not submitted for
inspection as prescribed, and who shall ply, offer or let the same
for hire shall be guilty of an offence
and shall be liable on
summary conviction to a penalty not exceeding five thousand dollars
or to imprisonment for a term not exceeding
two years or
both.
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(2)
An owner of a craft for hire
who operates or employs an unlicensed person to operate a craft
shall be guilty of an offence and shall
be liable on summary
conviction to a penalty not exceeding five thousand dollars or to
imprisonment for a term not exceeding two
years or both.
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(3)
Every owner of a craft who by
himself or a servant shall refuse or fail to admit on his own any
person or persons authorised under
this Act to board and enter and
remain on such craft shall be guilty of an offence and shall on
summary conviction be liable to a
penalty not exceeding five
thousand dollars or to imprisonment for a term not exceeding two
years or both.
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(4)
Every person who is the owner,
operator or person in charge of a craft that is operated contrary
to this Act is liable on summary
conviction to a fine not exceeding
five thousand dollars or to imprisonment for a term not exceeding
two years or both unless the
craft was so operated without his
knowledge or consent and he exercised all due diligence to prevent
such operation.
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(5)
Every person whose employee or
agent contravenes this Act is liable on summary conviction to a
fine not exceeding five thousand dollars
or to imprisonment for a
term not exceeding two years or both, whether or not the employee
or agent is identified or has been prosecuted
for the
contravention, unless the contravention was committed without his
knowledge or consent and he exercised all due diligence
to prevent
its commission
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21.(1)
A breach of any condition or
restriction endorsed on a certificate of registration or licence by
the Authority shall be deemed to
be a breach of this Act.
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Breach of conditions or restrictions of a licence or registration. |
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(2)
Every person who commits an
offence under this Act for which no specific penalty has been
provided shall be liable on summary conviction
to a penalty not
exceeding five thousand dollars or to imprisonment for a term of
not exceeding two years or both.
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22.
Any person who operates a
craft while under the influence of an intoxicating liquor or a
controlled substance, or under the combined
influence of an
intoxicating liquor and controlled substance shall be guilty of an
offence and shall be liable on summary conviction
to a penalty not
exceeding five thousand dollars or to imprisonment for a term not
exceeding two years or both.
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Intoxicating liquor or controlled substance. |
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23.
Any person or operator using a
craft on the waters of The Bahamas for towing a person or persons
on a surfboard, a parasail or similar
devices without a person duly
licensed in that craft in addition to the operator shall be guilty
of an offence and shall be liable
on summary conviction to a
penalty not exceeding five thousand dollars or to imprisonment for
a term not exceeding two years or both.
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Towing. |
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PART IV |
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MISCELLANEOUS |
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24.(1)
Any person specified in
subsection (2) who is dissatisfied with a decision of the Authority
shall have a right of appeal to the Minister
and thereafter may,
within fourteen days of the decision, appeal to the Minister who
may confirm or reverse or otherwise vary the
decision.
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Right of appeal from decision of the Authority. |
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(2)
The persons referred to in
subsection (1) are:
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(a)
an applicant for registration of
a craft for hire;
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(b)
an applicant for a licence to
operate a craft;
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(c)
a person objecting to the
registration of a craft for hire;
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(d)
any person objecting to the grant
of a licence to an operator of a craft for hire;
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(e)
any person whose registration has
been cancelled or who has had conditions or restrictions or both
imposed in respect of his registration;
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(f)
any person whose licence has been
cancelled or who has had conditions or restrictions or both imposed
on his licence.
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(3)
Any appellant under subsection
(1) who is not satisfied with the decision of the Minister may
appeal to a Judge of the Supreme Court
by giving notice of appeal
in writing to the Registrar of the Supreme Court and to the
Minister within fourteen days of the decision
of the Minister, and
the notice of appeal shall be given, and the appeal shall be heard
and determined in accordance with rules made
tinder the Supreme
Court Act, and the Minister and the Authority shall give effect to
any order made by the Supreme Court on any such appeal.
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Ch. 53. |
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25.(1)
In the event of a collision,
accident, death or serious injury involving a craft while being
operated within the waters of The Bahamas,
the operator or person
in charge shall give his name and address, and the registered
number of the craft to any person injured in
the accident, or to
the owner of ally property damaged, he shall in addition report the
fact to the police within two hours.
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Accident procedure and suspension. |
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(2)
The investigating officer in
subsection (1) may withhold the licence of the operator or the
person in charge of the craft, and where
the licence is not
available shall direct that it is produced at any police station
within twenty four hours.
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(3)
The Authority, not including
the Port Controller, shall, in the event of death, suspend the
licence of the operator or person in charge
of the craft at the
time of the accident referred to in subsection (1) for such period
of time as it may determine; where the Authority
as specified in
this subsection cannot be convened the licence of the operator or
person in charge of the craft at the time of the
accident shall be
deemed suspended for 3 days.
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26.(1)
The Minister shall, after
consulting with the Authority, by regulations made under this Act
-
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Regulations. |
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(a)
prescribe the fees payable under
this Act;
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(b)
prescribe a code of ethics for
users and operators of crafts;
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(c)
divide all crafts into classes,
which classes may be distinguished by reference to the following
matters -
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(i)
the unladen weight or overall
length or width of the craft;
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(ii)
the fact that the watercraft is
designed or adapted to carry only a load, or only passengers, or
both a load and passengers;
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(iii)
the nature or maximum weight of
the load or the maximum number of passengers which the craft is
designed or adapted to carry;
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(iv)
the fact that the craft is
designed or adapted to be driven by persons suffering from a
physical defect or disability;
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(d)
make provision for the
prohibition, regulation or authorisation subject to such
restrictions or conditions as to construction, weight,
equipment or
use as may be specified;
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(e)
make provision for temporary
exemptions from any such provision in respect of any such class of
craft while being used for special
purposes or for tests or
trials;
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(f)
prescribe the various forms to be
prescribed under this Act;
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(g)
provide for the issue of
duplicate certificates of registration and duplicate
licences;
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(h)
caused to be instituted a proper
and enforceable rotation system;
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(i)
require every applicant for the
registration of a craft to satisfy the Authority that -
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(i)
he is a fit and proper person to
operate a craft for hire;
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(ii)
he is the owner of the craft in
respect of which the application is made;
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(iii)
the craft, the appurtenances
thereto and any safety equipment to be registered have been
properly maintained in accordance with the
manufacturer's
recommendations;
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(j)
require every applicant for a
licence -
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(i)
to satisfy the Authority as to
his physical fitness and competence to operate a craft for hire
before being entitled to be granted
an operator's licence;
and
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(ii)
to satisfy a qualified medical
examiner as to his physical fitness to continue to hold an
operator's licence, and to provide for the
cancellation and
surrender of any such licence if the holder fails to satisfy such
examiner;
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(k)
provide generally for carrying
out the objects of this Act and for any matter to be otherwise
prescribed under this Act..
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(2)
If a craft is used on the
water in contravention of any regulations made under this section,
any person who so uses such craft or
causes or permits it to be
used shall be guilty of an offence and liable on summary conviction
therefor to a fine not exceeding five
thousand dollars or to
imprisonment for a term not exceeding two years or both.
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27.
All fees received by the
Authority under this Act, or under any regulations made thereunder,
shall be paid into the Consolidated Fund.
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Payment into Consolidated Fund. |
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28.
All expenses approved by the
Authority and incurred in administering this Act shall be paid out
of the Consolidated Fund by warrant
in the usual manner.
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Expenses. |
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29.
Any licence or registration
issued under the Boat Registration Act and the Water Skiing and
Motor Boat Control Act in respect of a craft before the
commencement of this Act -
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Savings. Ch. 277. Ch. 278. |
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(a)
shall have effect as from the
commencement of this Act as if granted under this Act; and
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(b)
shall remain in force, for the
duration of the unexpired period as falls after the commencement of
this Act.
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30.
Every register kept in
relation to a craft under the Boat Registration Act and the Water
Skiing and Motor Boat Control Act shall be deemed to be part of the
register to be kept in pursuance of this Act and
shall continue to
have effect accordingly.
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Transitional provisions. Ch. 277. Ch. 278. |
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