|
No. 20 of 2006 |
AN ACT TO PROVIDE FOR THE REGULATION AND |
CONTROL OF COMMERCIAL RECREATIONAL |
WATERCRAFT AND MATTERS CONNECTED |
THEREWITH |
[Date of Assent — 17th
July, 2006] |
Enacted by the Parliament of The Bahamas. |
PRELIMINARY |
1.(1) This Act may be cited as the
Commercial Recreational Watercraft Act 2006. | Short title and commencement. |
(2) This Act shall come into
operation on such day as the Minister may, by notice published in the Gazette,
appoint. |
2. In this Act, unless the
context otherwise requires – | Interpretation. |
“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; |
“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. |
“Authority” means the Port Controller or a port
authority in a port area as defined in the Port Authorities Act; | Ch. 269. |
“craft” means a commercial recreational watercraft
including banana boats, parasail operations and any such crafts; |
“licence” means a licence issued under this
Act; | Ch. 278. |
“Minister” means the Minister responsible for
water sports; |
“New Providence Port Authority” means the Port
Authority for New Providence appointed under the Port Authorities Act; | Ch. 269. |
“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; |
“passenger” means a person who is carried on a
craft; |
“Port Controller” has the meaning assigned to it
by section 2 of the Port Authorities Act; | Ch. 269. |
“register” means the register or registers kept by
the Port Controller under this Act and “registered” means registered in that
register or those registers; |
“Registration” means registration of a craft under
this Act; |
“Regulations” means regulations made under this
Act; |
“user” means a person who rents, rides, or is
towed, drawn by a craft; |
“waters” means the territorial waters of The
Bahamas as prescribed; |
“zoning” means any area designated by the Port
Controller for usage by a craft as prescribed under regulations. |
PART I |
THE AUTHORITY |
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. | The Port Controller, port authority
and functions. Ch. 269. |
(2) It shall be the function of
the Authority – |
(a) to regulate, control and
administer all matters related to commercial recreational water sports in The
Bahamas; |
(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 |
(c) to advise the Government on any
matters relating to its functions. |
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. | Powers of the Authority. |
(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. |
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. | Relations between the Minister and
the Authority. |
PART II |
REGISTRATION OF CRAFT ; AUTHORISED
OFFICER |
6.(1) For the purposes of this Act,
the Port Controller shall maintain a register of all crafts. | Register of craft. |
(2) The register shall contain a
record of the following - |
(a) the name and address of the
registered owner, and, where-the owner is a company, the beneficial owner or
owners of the company; |
(b) the name of the associated party
where the owner is subjected to a hire‑purchase agreement; |
(c) the registered number, the make,
model and serial number of the craft together with particulars of any previous
registration; |
(d) the name and address of the
insurer; and |
(e) the name and address of the
licensed operator of the craft. |
(3) The register may contain such
other records and particulars as may be prescribed by the Minister, as the case
may be. |
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. | Requirements in respect of
insurance. |
(2) The policy of insurance shall
be effected with an authorized insurer. |
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. | Craft operators to be licensed. |
(2) The operation of a craft is
restricted to the areas prescribed in regulations. |
(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. |
9.(1) No person shall operate or drive a
craft - | Reckless operation of craft. |
(a) within two hundred feet of the
shoreline in the designated areas prescribed under regulations; |
(b) in wilful or reckless disregard
for the safety of any person or property; |
(c) without due caution and
circumspection; or |
(d) at a speed or in a manner likely
to endanger life or limb or to damage the property of any person; and |
(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 . |
(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. |
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. | Sittings of the Authority. |
(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. |
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. | Registration and licensing by the
Authority. |
(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. |
(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. |
(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. |
(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. |
12.(1) Any person may oppose the
registration of a craft or the grant of a licence to operate a craft, provided
that - | Opposition to grant of registration
or licence. |
(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 |
(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. |
(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. |
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. | Procedure for registration and grant
of licence. |
(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. |
(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. |
14. It shall not be lawful for any
person who - | Certain persons disqualified from
owning or operating a craft. |
(a) is under eighteen years of
age; or |
(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, |
to obtain a licence to operate a craft. |
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. | Age prohibition to use of craft. |
(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. |
(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. |
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. | Powers of authorised officer. |
(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. |
(3) An authorised officer may, in
order to verify and ensure compliance with this Act, |
(a) direct the user of a craft to
stop the craft; and |
(b) require the user of a craft to
produce proof of age. |
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. | Powers of seizure, arrest by authorised
officers. |
(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. |
(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. | Ch. 91. |
(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. |
(3) Any craft detained under
subsection (1) shall be released upon demand to the owner or his duly
accredited agent, |
(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; |
(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. |
(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. |
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. | Movement of craft. |
(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. |
19.(1) A signal for a craft to stop
shall consist of - | Signal for craft to stop. |
(a) a series of short blasts on a
siren, whistle, horn or other sounding device; or |
(b) any readily understandable usual
signal given by an authorised officer. |
(2) Every person shall comply with
- |
(a) every direction and prohibition
given by an authorised officer pursuant to section 18; and |
(b) every signal made by an authorised
officer pursuant to subsection (1). |
PART III |
OFFENCES AND PENALTIES |
20.(1) Every person being the owner of
a craft‑ | Offences and penalties. |
(a) required by this Act to be
registered who shall fail to have such craft registered; or |
(b) the registration whereof has been
cancelled or has expired; or |
(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. |
(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. |
(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. |
(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. |
(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 |
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. | Breach of conditions or restrictions
of a licence or registration. |
(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. |
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. | Intoxicating liquor or controlled
substance. |
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. | Towing. |
PART IV |
MISCELLANEOUS |
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. | Right of appeal from decision of the
Authority. |
(2) The persons referred to in
subsection (1) are: |
(a) an applicant for registration of
a craft for hire; |
(b) an applicant for a licence to
operate a craft; |
(c) a person objecting to the
registration of a craft for hire; |
(d) any person objecting to the grant
of a licence to an operator of a craft for hire; |
(e) any person whose registration has
been cancelled or who has had conditions or restrictions or both imposed in
respect of his registration; |
(f) any person whose licence has been
cancelled or who has had conditions or restrictions or both imposed on his
licence. |
(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. | Ch. 53. |
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. | Accident procedure and suspension. |
(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. |
(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. |
26.(1) The Minister shall, after
consulting with the Authority, by regulations made under this Act – | Regulations. |
(a) prescribe the fees payable under
this Act; |
(b) prescribe a code of ethics for
users and operators of crafts; |
(c) divide all crafts into classes,
which classes may be distinguished by reference to the following matters - |
(i) the unladen weight or overall
length or width of the craft; |
(ii) the fact that the watercraft is
designed or adapted to carry only a load, or only passengers, or both a load
and passengers; |
(iii) the nature or maximum weight of the
load or the maximum number of passengers which the craft is designed or adapted
to carry; |
(iv) the fact that the craft is
designed or adapted to be driven by persons suffering from a physical defect or
disability; |
(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; |
(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; |
(f) prescribe the various forms to be
prescribed under this Act; |
(g) provide for the issue of duplicate
certificates of registration and duplicate licences; |
(h) caused to be instituted a proper
and enforceable rotation system; |
(i) require every applicant for the
registration of a craft to satisfy the Authority that - |
(i) he is a fit and proper person
to operate a craft for hire; |
(ii) he is the owner of the craft in
respect of which the application is made; |
(iii) the craft, the appurtenances thereto
and any safety equipment to be registered have been properly maintained in
accordance with the manufacturer's recommendations; |
(j) require every applicant for a
licence - |
(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 |
(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; |
(k) provide generally for carrying
out the objects of this Act and for any matter to be otherwise prescribed under
this Act.. |
(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. |
27. All fees received by the
Authority under this Act, or under any regulations made thereunder, shall be
paid into the Consolidated Fund. | Payment into Consolidated Fund. |
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. | Expenses. |
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 - | Savings. Ch. 277. Ch. 278. |
(a) shall have effect as from the
commencement of this Act as if granted under this Act; and |
(b) shall remain in force, for the
duration of the unexpired period as falls after the commencement of this Act. |
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. | Transitional provisions. Ch. 277. Ch. 278. |