CHAPTER
278
WATER SKIING AND MOTOR BOAT CONTROL |
ARRANGEMENT OF
SECTIONS |
Preliminary |
SECTION |
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Restrictions on Water
Skiing and Driving Motor Boats |
Water skiing or driving motor boats inshore
prohibited. |
Reckless operation of motor boats or water skis
prohibited. |
Driving under the influence of drugs or liquor
prohibited. |
Safety restrictions on water skiing. |
Age restriction on driving motor boats. |
Powers of peace officers. |
Registration OF Motor
Boats |
Certain motor boats to be registered. |
Procedure for registration. |
Notification of change of ownership or engine. |
Miscellaneous |
Minister may make regulations. |
|
SCHEDULE. |
CHAPTER 278 |
WATER SKIING AND
MOTOR BOAT CONTROL |
An Act
for the more effective control of water skiing and the driving of motor boats
in coastal waters. | 16 of 1970
S.I. 10/1971
E.L.A.O., 1974
16 of 1976
9 of 1980
29 of 1989
25 of 1995 |
[Assent 14th
September, 1970]
[Commencement 8th February, 1971] |
Preliminary |
1. This Act may be cited as the Water Skiing and Motor
Boat Control Act. | Short title. |
2. In this Act, unless the context otherwise requires- | Interpretation. |
"hours of
darkness" means the period extending from one hour after sunset until one
hour before sunrise; |
"Minister"
means the Minister responsible for Maritime Affairs; |
"motor
boat" includes every description of vessel being propelled by mechanical
power other than a vessel registered under the Merchant Shipping Act,
or under the legislation of some other state providing for the registration of
ships, but does not include a sailing vessel fitted with an auxiliary engine
rated at less than ten horse power; |
"registered
motor boat" means a motor boat registered in accordance with section 9; |
"restricted
zone" means that area of water lying within two hundred feet of the shoreline
in any part of The Bahamas to which for the time being section 3 applies; |
"section"
means a section of this Act; |
"shoreline"
means the shoreline at low-water mark; |
"water
ski" includes an aquaplane or similar device and the verb "to water
ski" and its participles shall be construed accordingly. |
Restrictions on
Water Skiing and Driving Motor Boats |
3. (1) No person shall water ski or drive any motor
boat, whether or not with a water skier in tow, within two hundred feet of the
shoreline in any area to which, for the time being, this section applies,
except when the motor boat or water skier is either- | Water skiing or driving motor boats inshore
prohibited. |
(a) approaching
or leaving a marina, dock, jetty, or other installation of a permanent nature
intended for the reception of boats; |
(b) proceeding
at a speed not exceeding three knots and with due caution and circumspection in
the most direct line consistent with safe navigation between the open sea
beyond the restricted zone and the shore or any mooring within the restricted
zone; |
(c) towing a
water skier in a lane clearly marked off with buoys and ropes of an approved
pattern between the open sea beyond the restricted zone and the shore; or |
(d) in distress
or rendering assistance to some other person in distress. |
(2)
The Minister may by Order exempt any person, for such time and subject to such
conditions as may be specified in the Order, from the provisions of subsection
(1) for the purpose of participating in any exhibition or competition organized
for public entertainment. |
(3) Any person who
contravenes the provisions of this section shall be liable on summary
conviction to a fine not exceeding one hundred and fifty dollars in the case of
a first offence or to a fine not exceeding five hundred dollars in the case of
a second or subsequent offence. |
4. (1) No person shall drive a motor boat or manipulate
any water ski within the territorial waters of The Bahamas- | Reckless operation of motor boats or water skis
prohibited. |
(a) in wilful
or reckless disregard for the safety of any other person or property; |
(b) without due
caution and circumspection; or |
(c) at a speed
or in a manner likely to endanger life or limb or to damage the property of or
injure any person. |
(2) Any person who
contravenes the provisions of this section shall be guilty of an offence and
shall be liable on summary conviction to a fine not exceeding one hundred and
fifty dollars in the case of a first offence or to a fine not exceeding five
hundred dollars in the case of a second or subsequent offence. |
5. (1) No person shall drive a motor boat within the
territorial waters of The Bahamas while he is under the influence of drink or a
drug to such an extent as to be incapable of having proper control of the motor
boat. | Driving under the influence of drugs or liquor
prohibited. |
(2) For the
purposes of this section any person who is found to be in charge of a motor
boat the engine of which is running, shall be deemed to be driving that motor
boat whether or not the boat is actually in motion, unless the boat is securely
tied up to or at a marina, dock, jetty or wharf or to a fixed mooring, or is
riding at anchor. |
(3) Any person who
contravenes the provisions of this section shall be guilty of an offence and
shall be liable on summary conviction to a fine not exceeding one hundred and
fifty dollars in the case of a first offence or to a fine not exceeding five
hundred dollars in the case of a second or subsequent offence. |
6. (1) It shall not be lawful for any person to
participate in any way in water skiing in any area to which, for the time
being, this section applies unless the following conditions are observed- | Safety restrictions on water skiing. |
(a) every
person water skiing shall wear an efficient safety flotation device; |
(b) there shall
be a minimum of one person of or over the age of sixteen years additional to
the driver in the towing motor boat to act as a lookout; |
(c) water
skiing shall not take place during the hours of darkness: |
Provided that the
Minister may in writing grant his exemption from all or any of the provisions
of this section in the case of any water skiing exhibition or competition
organised for public entertainment. |
(2) Any person who
contravenes the provisions of this section shall be guilty of an offence and
shall be liable on summary conviction to a fine not exceeding seventy-five
dollars. |
7. (1) Subject to the provisions of subsection (3) of
this section it shall not be lawful for any person under the age of sixteen
years to drive any motor boat powered with an engine rated at more than ten
horse power in any area to which, for the time being, this section applies. | Age restriction on driving motor boats. |
(2) Any person who
contravenes the provisions of this section and any other person who knowingly
permits a person under the age of sixteen years to contravene such provisions
shall each be guilty of an offence and shall each be liable on summary
conviction to a fine not exceeding seventy-five dollars. |
(3) This section
shall not apply to any person under the age of sixteen years who has satisfied
an officer appointed for that purpose by the Minister, by practical
examination, that he has the knowledge, skill and ability to navigate a motor
boat powered with an engine rated at more than ten horse power without danger
to himself or to the public; but the burden of proof that any such person has
so satisfied such officer shall in any proceedings lie upon the person charged. |
(4)
Notwithstanding anything contained in subsection (1) of this section a person
between the ages of fourteen and sixteen years may drive any motor boat to
which that subsection applies while under the supervision of a person of or
over the age of sixteen years and no person shall be guilty of an offence under
the provisions of this subsection by reason of his permitting such a person to
do so in such circumstances. |
8. (1) Any peace officer who has reason to believe that
an offence has been or is being committed against section 3, 4, 5, 6 or 7, may
stop and go on board any motor boat which appears to him to have been used in
the commission of any such offence and may require any person whom he suspects
of having committed such offence and any other person in or belonging to the
motor boat to declare to him immediately that person's true name and address. | Powers of peace officers. |
(2) If any person
refuses to declare his name or address or fails to give his true name and
address when thereto required under the provisions of this section he shall be
liable on summary conviction to a fine not exceeding seventy-five dollars, and
a peace officer may apprehend without warrant any person who so refuses to declare
his name and address or whom such officer suspects of giving a false name and
address or of intending to abscond. |
Registration of
Motor Boats |
9. (1) No motor boat to which this section applies
shall be used within any of the territorial waters of The Bahamas to which this
section extends unless and until it is registered under this Act: | Certain motor boats to be registered. |
Provided that any
motor boat which is for the time being registered under the provisions of the Boat
Registration Act shall, for so long as it remains so registered, be exempt from
registration under this Act. |
(2) Any person who
uses an unregistered motor boat to which this section applies shall be guilty
of an offence and shall be liable on summary conviction to a fine not exceeding
seventy-five dollars and to an additional fine equal to twice the appropriate
registration fee of that motor boat. |
(3) This section
applies to motor boats powered with an engine rated at more than ten horse
power or exceeding fifteen feet in overall length. |
10. (1) Every person desirous of using a motor boat to
which section 9 applies shall make application for registration of that boat to
the Port Controller in New Providence or to the Commissioner in an Out Island
District and shall furnish the Port Controller or the Commissioner, as the case
may be, with such information concerning the boat as may be prescribed. | Procedure for registration. |
(2) Upon
application being duly made under the provisions of this section and upon
payment of the appropriate fee, the Port Controller or Commissioner shall enter
the prescribed particulars of the boat (which particulars which shall include
particulars of the ownership of the boat) in a register to be maintained by him
for that purpose and shall allocate a registration number to the boat. |
(3)
Registration shall be valid for a period of one year from the date thereof,
shall expire on the thirty-first of March in the year following that of
registration and may be renewed from time to time on the payment of the
prescribed fee. |
(4) It shall be
the duty of the person registered as the owner of a boat under this section
forthwith to cause the registration number thereof to be painted clearly upon
both sides of the bow of the boat in the prescribed manner. Any person who uses
a motor boat to which section 9 applies in any of the territorial waters to
which this section extends without its correct registration number being
clearly painted on both sides of the bow shall be guilty of an offence and
liable on summary conviction to a fine not exceeding seventy-five dollars. |
11. (1) Upon any change of ownership of a registered
motor boat it shall be the duty of- | Notification of change of ownership or engine. |
(a) the
registered owner thereof forthwith to notify the name of the transferee to the
Port Controller or to the Commissioner of the District where the boat was
registered; and |
(b) the
transferee to apply to the Port Controller or such Commissioner for the
transfer of the registration into his name. |
(2) Upon the
fitting of any new engine, whether or not it is rated the same as the former
engine, to a registered motor boat, it shall be incumbent upon the registered
owners thereof to notify the Port Controller or the Commissioner of the
District where the boat was registered, and to supply such information
concerning the new engine as may be prescribed. |
(3) Any person who
contravenes the provisions of this section shall be guilty of an offence and
liable on summary conviction to a fine not exceeding seventy-five dollars. |
(4) Upon being
notified of any change of ownership of, or a change of engine fitted to, a
registered motor boat the Port Controller or Commissioner, as the case may be,
shall cause the appropriate register to be duly amended in accordance with the
information supplied to him. |
Miscellaneous |
12. The Minister may make regulations generally for
the better carrying into effect of the provisions of this Act, and without
prejudice to the generality of such power, may by such regulations prescribe- | Minister may make regulations. |
(a) the manner
in which the registration number shall be painted upon the bows of a registered
motor boat and, in particular, the size and pattern of the numbering and
lettering thereof; |
(b) the size,
colours and types of buoys, the types of ropes and the spacing of buoys along
ropes to be used for any of the purposes of this Act: |
(c) the
information to be supplied- |
(i) by
any applicant for registration of a motor boat; or |
(ii) by
any owner of a registered motor boat in relation to the fitting of a new engine
thereto; or |
(iii) by
any owner or applicant for the transfer of the registration of a registered
motor boat in relation to the transfer of ownership thereof; and |
(d) the methods
of maintaining the registers of motor boats and the duties of the Port
Controller and Commissioners in relation thereto. |
13. (1) The fees specified in the second column of the
Schedule shall be due and payable in respect of each of the matters specified
in the first column of the Schedule opposite thereto. | Fees. |
(2)
The Minister may by Order amend the Schedule. |
SCHEDULE (Section 13) |
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Upon Registration, or Renewal of Registration, of a Motor
Boat
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Fee
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Less than 15 feet in
overall length ..............................................
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$10.00
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Where overall length
is 15 feet or more but less than 30 feet .......
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$20.00
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Where overall length
is 30 feet or more but less than 50 feet .......
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$100.00
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Where overall length
is 50 feet or more but less than 100 feet .....
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$200.00
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Where overall length
is 100 feet or more....................................
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$400.00
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Fishing boats
primarily designed to navigate under sail but having an auxiliary engine
rated at 10 horse power or more .......................
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Nil
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