Small Ships Regulations, 2008

L.N. 183 of 2008

MALTA MARITIME AUTHORITY ACT

(CAP. 352)

Small Ships Regulations, 2008

IN exercise of the powers conferred by articles 27, 28, 52, 64 and

78 of the Malta Maritime Authority Act, the Minister for Infrastructure,

Transport and Communications, in consultation with the Malta Maritime

Authority and in concurrence with the Minister of Finance, the Economy

and Investment, has made the following regulations>

(1) The title of these regulations is the Small Ships

Regulations, 2008.

(2) (a) These regulations, other than regulation 29, shall

come into force on their date of publication.

(b) Regulation 29 in respect of mechanically driven

small ships shall come into force, where the small ship has an engine or

engines with a combined power>

(i) of, or exceeding, 100 H.P., on the 1st September, 2001<

and

(ii) not exceeding 100 H.P., on such date as the Minister

may prescribe.

(3) The scope of these regulations is>

(a) to regulate the registration of small ships under twenty-

four metres of length<

(b) to regulate water based recreational activities in the

territorial waters of Malta< and

(c) to regulate the preservation of good order in any part of

the territorial waters and inland waters of Malta.

In these regulations, unless the context otherwise requires>

(Regulation 12)

1. For the registration of a small ship

(a) where the small ship has no engines (but exceeding 3.6

metres in length overall) ........................................................................... € 58.23

where the small ship has an engine or engines with a combined

power

(b) not exceeding 10 H.P. ...............................................................€ 58.23

(c) exceeding 10 H.P. but not exceeding 25 H.P............................€ 465.87

(d) exceeding 25 H.P. but not exceeding 50 H.P............................€ 582.34

(e) exceeding 50 H.P. but not exceeding 75 H.P............................€ 698.81

(f) exceeding 75 H.P. but not exceeding 150 H.P..........................€ 757.04

(g) exceeding 150 H.P. ...................................................................€ 1,164.68

For the initial registration of other small ships

Small fishing ships registered with the Department

responsible for fisheries and aquaculture.................................................. NIL

2. For the annual renewal, or as otherwise indicated, of

registration of any small ships

(a) where the small ship has no engines (exceeding 3.6

metres in length overall), every five years ................................................ € 34.94

where the small ship has an engine or engines with a combined

power

(b) not exceeding 10 H.P., every five years....................................€ 34.94

(c) exceeding 10 H.P but not 25 H.P..............................................€ 46.59

(d) exceeding 25 H.P. but not 50 H.P.............................................€ 58.23

(e) exceeding 50 H.P. but not 75 H.P.............................................€ 81.53

(f) exceeding 75 H.P. but not 150 H.P...........................................€ 104.82

(g) exceeding 150 H.P. ...................................................................€ 139.76

3. For the transfer of ownership, change in details or issue of a

duplicate certificate ................................................................................... € 11.65

4. For the issue of a nautical licence to drive a mechanically

driven small ship ....................................................................................... € 23.29

For the issue of a nautical licence to act as a skiing instructor ........€ 69.88

5.

6. For the issue of an annual licence to operate a water skiing

school or a small ship hire outlet

(a) to operate water skiing and/or paragliding................................€ 174.70

(b) to hire any mechanically driven small ships .............................€ 174.70

(c) to hire any small ships not mechanically driven.......................€ 58.23

7. For the issue of an annual licence for the hire of a

mechanically driven small ship or for the use of a mechanically

driven small ship by a water skiing school ............................................... € 11.65

“the Act” means the Malta Maritime Authority Act<

“Authority” means the Malta Maritime Authority<

“certificate of registry” means the certificate mentioned in

regulation 13<

“enforcement officer” means a member of the Police or the

Armed Forces of Malta, or an official authorised by the Authority

to enforce these regulations<

“Executive Director” means the Executive Director

responsible for the Yachting Centres, and includes any person

authorised by him in writing to act on his behalf<

“Grand Harbour” means the waters enclosed by the line drawn

from the outer end of the breakwater arm on the Fort St. Elmo side

to the same outer end of the breakwater on the Fort Ricasoli side<

“harbour” means any of the harbours and bays specified in

Part I of the Second Schedule<

“inspector” means either a surveyor or any other officer of

the Authority authorised to carry out an inspection of a small ship<

“internal and territorial waters” means all parts of the open

sea within twelve nautical miles of the coast of Malta, or such

other distance as may be established under article 3 of the Territorial

Waters and Contiguous Zone Act, measured as in that Act provided, Cap. 226.

and includes any waters enclosed between the base lines therein

mentioned and the coast<

“length” means the distance between the foreside of the

foremost fixed permanent structure and the aftside of the aftermost

fixed permanent structure<

“Marsamxett Harbour” includes the waters within a line drawn

from St. Elmo Point to Dragut Point<

“mechanically driven small ship” means any small ship under

twenty-four metres of length employed solely in navigation within

the territorial waters of Malta, driven by a means of propulsion,

whether mechanical or electrical<

“mechanically driven small ship for hire” means any small

ship under twenty-four metres of length employed solely in

navigation within the territorial waters of Malta, hired from a place

duly licensed for the hiring of mechanically driven small ships

whether to be used as a towing craft for water skiing instructions

or facilities, or to be driven for the pleasure of cruising without

taking in tow learners or seasoned water skiers, and whether driven

by the licensee of such licensed place or by any person employed

by such licensee, or by any person hiring the said small ship in

terms of regulation 36<

“the Minister” means the Minister responsible for ports,

transport and maritime affairs<

“passage boat” is the traditional Maltese dg[ajsa licensed for

the conveyance of fee paying passengers within the Grand Harbour

and Marsamxett Harbour<

“skiing speed” means a speed exceeding ten knots<

“small fishing vessel” means a small ship under twenty-four

metres in length employed solely in navigation within the territorial

waters of Malta, whether mechanically driven or not, for the time

being used for, or in connection with, fishing, other than a small

ship used or intended to be used for fishing otherwise than for

profit<

“small ship” means a craft under twenty-four metres in length

employed solely in the navigation within the territorial waters of

Malta, whether mechanically driven or not, and whether privately

or commercially used< and includes, but is not limited to, all types

of craft such as sailing boats, yachts, fishing vessels and other

craft used for fishing like caiques, luzzijiet and frejgatini, cabin

cruisers, speedboats, jet skis, dinghies, passage boats and other

Maltese traditional boats, paddleboats, canoes, personal water craft,

air cushioned craft etc.<

“surveyor” means any person so appointed by the Minister to

carry out surveys on vessels<

“ship” means every description of craft of any length used in

navigation, whether in the territorial waters of Malta or not, whether

self-propelled or not, and includes barges, pontoons and oil rigs

and other similar vessels<

“water skiing” means the towing and sliding of a person on

skis, or on any other similar contrivance, attached to a mechanically

driven small ship and navigating at a skiing speed.

(Regulation 2)

PART I

Harbours

Malta

1. Grand Harbour

2. Marsamxett Harbour

3. The part of St. Julian’s Bay to the West of a line drawn from Hotel

Cavalieri to the entrance of College Street, St. Julian’s

4. St. George’s Bay, St. Julian’s

5. Pretty Bay, Birzebbugia

6. St. George’s Bay, Birzebbugia

Gozo

1. Xlendi Bay

2. Marsalforn Bay

3. Mgarr Harbour

PART II

Harbours

1. Grand Harbour

2. Marsamxett Harbour

(1) No small ship shall be used in the internal and territorial

waters of Malta unless such small ship is registered with the Executive

Director under these regulations or unless such small ship is registered

under the Merchant Shipping Act, or under the Fisheries Conservation Cap. 234.

and Management Act, or unless such small ship is registered or Cap. 435.

documented to the satisfaction of the Authority under the law of any

country other than Malta.

(2) The Executive Director shall maintain a register of small

ships to which these regulations apply, and any function in relation to

the register which is to be discharged by the Executive Director may be

discharged by other persons appointed by the Authority as may be

authorised for such purpose by the Executive Director.

(3) The owner or importer of an imported small ship shall

produce to the satisfaction of the Executive Director certified

documentary evidence proving ownership of the small ship and the

engines thereof. A builder’s certificate is required in the case of a newly

built small ship.

(Regulation 45)

First Column

Offence

Where a small ship is moored, berthed, being

launched or driven

If the small ship is not registered ...............................€500

If the registration of a small ship not renewed...........€300

If the small ship does not bear any registration

markings..................................................................... €300

If the registration markings of a small ship

have been altered, defaced, mutilated or added

to ................................................................................ €500

If the registration markings of a small ship are

not in conformity with the specific conditions

laid down in these regulations.................................... €200

If the registration markings of a small ship are

not distinctly shown or are obstructed from

clear view, or are not easily decipherable or

legible......................................................................... €200

Using a small ship not in accordance with any

specific condition laid down in the certificate of

registration ............................................................................. €200

Engine or engines of a small ship not registered ...................€300

Failure to give notice within the stipulated period of

any modification to the small ship or any change in

the details of registration........................................................ €100

Change of ownership of a small ship not notified

within the stipulated period.................................................... €200

Overloading of the number of passengers that the

small ship is permitted to carry.............................................. €300

Navigating with excessive speed in any harbour; in

any place within 300m of the foreshore of any sandy

beach; or in any place within 200m of any other part

of the foreshore ...................................................................... €600

Operating a small ship under the influence of alcohol ..........€1,000

Operating a small ship in a negligent, and/or reckless,

and/or dangerous, and/or abusive manner likely to

cause injury or damage .......................................................... €600

Navigating at skiing speed and having on tow a skier

without the presence of another person over eighteen

years keeping constant supervision and observation of

the skier..................................................................................€500

Entering, navigating, berthing, mooring, drifting,

stopping or waiting in a prohibited area ................................ €300

Water skiing in a prohibited area ...........................................€1,000

Mooring with the swimmers’ zones marker buoys,

ropes and ancillary tackle....................................................... €200

Emitting excessive exhaust smoke or spilling oil, fuel

or other polluting substance ................................................... €200

Obstruction of launching lanes and their vicinity ..................€100

Operating a mechanically driven small ship without

holding a nautical licence or an instructor’s nautical

licence .................................................................................... €500

Nautical licence or an instructor’s nautical licence not

renewed .................................................................................. €300

Operators of a mechanically driven small ships’

school or a water skiing school or who provides water

skiing facilities or hires any small ships is not in

possession of a licence ........................................................... €2,000

No small ship shall be registered unless the small ship is Safety equipment.

equipped with such safety equipment as may be required by the

Executive Director from time to time.

(1) No mechanically driven small ship shall be eligible to Registration of a

mechanically driven

be registered unless it is in compliance with regulation 4 and there is in small ship.

force in relation to such mechanically driven small ship a policy of

insurance for an amount to be approved by the Authority which

indemnifies such person, persons or classes of persons as may be

authorised and covered by the policy against any liability which may

be incurred by him or them in respect of death, injury or damage to

third party property caused by, or arising out of, the use of the

mechanically driven small ship.

(2) For the purpose of this regulation, “mechanically driven

small ship” means any mechanically driven small ship having an engine

or engines with a combined power of 10 H.P. or more.

An application for the registration of a small ship shall contain Application for

registration.

such information and details as may be required by the Executive

Director, and shall be signed, in the case of individuals, by a person

over eighteen years of age requesting to be registered as owner, or by

any one or more of the persons so requesting if more than one, or by his

or their agent, and in the case of bodies corporate by their agent< and

the authority of the agent shall be declared in writing, if appointed by

individuals under the hand of the appointors, and if appointed by a body

corporate under the hand of a person or persons authorised to authenticate

documents for the body corporate.

An application for registration shall be made in writing and

shall specify such particulars relating to the small ship and its ownership

as will show that the small ship is one to which these regulations apply,

and the following details>

(a)

a description of the small ship<

(b) the overall length and beam of the small ship<

(c)

the name and address of every owner of the small ship<

and

(d) such supplementary information and evidence relating

to the small ship and the ownership thereof as the Executive

Director may require to determine whether the small ship may

properly be registered.

Upon receiving an application for registration and being

satisfied that the small ship may properly be registered, the Executive

Director shall register the small ship.

The Executive Director may, at any time and subject to any

condition he deems fit, order that the small ship is surveyed by a surveyor

of ships and the tonnage ascertained to his satisfaction. The survey’s

certificate shall be delivered to the Executive Director.

No modification of the hull of a registered small ship or

installation or replacement of one or more of its engines shall be carried

out without prior written approval by the Executive Director, who may

at his discretion order that a survey by a surveyor of ships be carried out

in order to certify whether the small ship is seaworthy as modified.

If an applicant in his application for the registration or

modification of a small ship under these regulations makes a false

declaration, he shall have his application rejected. If the false declaration

is known after the small ship is registered, then such registration will be

null and void.

(1) There shall be levied in respect of the registration of a

small ship under these regulations the fee on first registration and the

annual fee specified in the First Schedule. In case of any modification

to the hull or in case of any change to the engines, the applicable fee

shall be paid pro rata according to said Schedule as from the date of

registering such changes.

(2) The fee due on initial registration and the annual fee for

one year shall be paid before the small ship is registered, and no

certificate of registry shall be issued in respect of a small ship unless

the said fees have been paid in respect of the small ship. Thereafter, the

annual fee shall become due on the anniversary of the initial registration.

(3) The Executive Director is entitled to demand payment

of any outstanding fees, charges or penalties due to the Authority prior

to recording any transaction in the register of a small ship or prior to

granting any services in connection with a small ship.

(1) On completion of registry of a small ship, the Executive Certificate of

registry.

Director shall, subject to such conditions as he may deem proper, furnish

to the person registered as owner of the small ship a certificate which

shall include the details recorded in the register.

(2) The Executive Director may, whenever it appears

necessary or appropriate to do so for giving effect to these regulations

or for bringing up to date or otherwise correcting the particulars in the

register, amend the register and issue an amended certificate of registry.

(3) A certificate of registry, subject to termination under

the provisions of these regulations and unless stating otherwise on the

document itself, shall be issued for a period of twelve months from the

date of registration>

Provided that the Executive Director may, within a period of

one month prior to the expiry of such certificate and upon the payment

of the annual fee by the owner of the small ship and provided that no

changes have occurred to the details on the certificate, issue a renewal

certificate in the prescribed form.

No certificate of registry may be issued, except in cases of Collection of the

certificate of

loss or destruction of a certificate, other than on the return of the registry.

certificate currently being held by the owner, or as may be decided at

the discretion of the Executive Director.

A certificate of registry shall be used only for the lawful Use of the

certificate of

navigation of the small ship and such certificate shall not be subject to registry.

detention by reason of any title or interest by any third party.

(1) Whenever a change occurs whereby any of the details Changes in the

details of the

mentioned in the certificate of registry are no longer correct, such change certificate of

shall be entered in the revised certificate of registry of that small ship. registry.

The owner or the master of the small ship shall within four days, for the

purpose of such endorsement by the Executive Director, deliver the

certificate of registry to the Executive Director to be replaced by a revised

certificate.

(2) A person who is found guilty of an offence under this

regulation shall be liable, on conviction, to a fine (multa) not exceeding

one hundred euro (€100).

(1) A certificate of registry shall cease to have effect>

(a)

on the expiry of its validity date<

(b) on its substitution by another certificate< and

(c)

on closure of registry>

Provided that, if the Executive Director is satisfied that the

reason for the non-renewal of the certificate is justified, he may

authorise in writing that the certificate is kept in abeyance for a

specified period.

(2) Upon a certificate of registry ceasing to have effect, the

owner or the master of the small ship shall forthwith forward this

certificate to the Executive Director by not later than one month of its

expiry.

Where it appears to the Executive Director that there is any

doubt as to the right of any small ship to be so registered or as to the

information furnished by the applicant, he may require the person

registered as the owner to give evidence to his satisfaction that the small

ship is entitled to be so registered or that the information given is correct,

and such evidence may include the production of the small ship for

inspection at a place and under such conditions as the Executive Director

may deem fit. If the evidence required is not given to the satisfaction of

the Executive Director, he may terminate the registration of the small

ship.

Where the owner of a small ship desires to close the register

of such small ship, he shall make an application to that effect to the

Executive Director, giving all such particulars and information as the

Executive Director may require for the purpose.

(1) Any person who agrees to sell, or sells, scraps or

Sale of a small ship,

otherwise disposes of his small ship or any of its engines shall, within

seven days, give notice thereof in writing to the Executive Director

giving the particulars and information of the person who agrees to buy

the small ship or any of its engines, and shall also forward his certificate

of registry back to the Executive Director.

(2) An application for the registration of a transfer of a small

ship or any of its engines by a new owner shall be made to the Executive

Director within seven days of the purchase or transfer thereof.

(3) A person who is found guilty of an offence under this

regulation shall be liable, on conviction, to a fine (multa) not exceeding

one hundred euro (€100).

Where the transfer or sale of any small ship is ordered by a Transfer or sale of

court, the order of the court shall contain a declaration vesting in some small

court order.

person named by the court the right to transfer that small ship, and that

person shall thereupon be entitled to transfer the small ship in the manner

and to the same extent as if he was the registered owner thereof< and the

requisition of the person so named in respect of any transfer shall be complied

with to the same extent as if such person was the registered owner thereof.

(1) Every small ship registered under these regulations shall

have a distinguished number and mark assigned to it and distinctly shown Marking of a small

ship.

on the small ship in such manner as shall be directed by the Executive

Director according to the class to which the small ship belongs. This

distinguishing number and mark shall be the same as those shown on

the certificate of registry.

Small fishing vessels shall carry such marks and numbers assigned

thereto by the Department responsible for fisheries and aquaculture.

Passage boats shall carry their number with the letter “P” distinctly

painted in black on a white band on each side of their stem.

Other small ships not referred to in the above paragraphs shall

carry the letter “S” and the number assigned thereto.

(2) The person registered as owner of the small ship shall

ensure that within thirty days of the date on which the registration of that

small ship takes effect, there is clearly painted or affixed to an external

surface of the small ship, or on such other part of the small ship which the

Executive Director may approve, the number and mark of its registration,

and that such markings are maintained in a good condition and renewed

when necessary during the period of registration of the small ship.

(3) Unless the Executive Director directs otherwise>

(a) the letters and numbers assigned to each small ship shall

be at least 15.24 centimetres high and 7.6 centimetres wide with a

space between each number or letter of not less than 2 centimetres<

and

(b) small ships owned by private individuals shall have their

letters and numbers painted in black on a white background,

whereas those used for hire shall be painted in white on a black

background.

(4) The Executive Director may direct that the owners of

small ships registered under the categories under these regulations shall

display their registration number as well as any identification label issued

by the Authority.

(5) Subject to the provisions of regulations 45 and 48, a

small ship without such identification letters and numbers assigned to

it shall be deemed to be an unregistered small ship and the Executive

Director may, unless such small ship is marked within four days from

being given notice, order that the small ship be removed and taken into

custody. Such small ship will only be returned on payment of all

expenses incurred by the Authority and upon production of proof of

ownership to the satisfaction of the Executive Director.

Unless in possession of a valid certificate issued by a

recognised classification society, the owner of a small ship which is

used for trade or business shall, together with his application for

registration or renewal of registration of such small ship, produce to the

Executive Director a certificate of seaworthiness issued by a recognised

surveyor confirming that the small ship is seaworthy and fit to be used

for that specific trade or business.

The Executive Director may revoke or suspend the

registration of a small ship registered under these regulations if the owner

of the small ship has contravened any laws or regulations which he is

bound to obey being the owner of a registered small ship. If the

registration of a small ship is suspended or revoked, the owner shall

deposit with the Executive Director within two days the certificate of

registry and the identification plates issued by the Authority.

No person shall cause, suffer or permit any mechanically

driven small ship to proceed at a speed in excess of ten knots>

(a)

inside any harbour< or

(b) in any place within 300 metres of the foreshore of any

sandy beach< or

(c) in any place within 200 metres of any other part of the

foreshore>

Provided that a person may be exempted from observing the

set speed limit in such area, on such occasions, for such periods

and under such conditions as the Minister may determine.

Saving any other provision of these regulations, no person General speed.

shall cause, suffer or permit any mechanically driven small ship to

proceed at a speed which, in the particular circumstances, would be

dangerous to life or limb or likely to lead to a collision.

(1) No person shall bathe in any area which is beyond 20 Bathing prohibited.

metres of any part of the water’s edge in any of the harbours specified

in Part II of the Second Schedule.

(2) No person shall bathe from any ship moored in the Grand

Harbour south-west of a line joining St. Angelo Point and Mgerbeb

Point.

(3) Saving the provision of sub-regulation (2), no person

shall bathe beyond 20 metres of any ship moored in the Grand Harbour

or in Marsamxett Harbour.

(1) No water skiing shall take place within 300 metres of Prohibition of water

skiing in certain

the foreshore of any sandy beach, or within 200 metres of any other areas.

part of the foreshore, or in the approach to a port so declared under the

provisions of the Act.

(2) Skiers shall take off at a distance of not less than 300

metres of the foreshore of any sandy beach, or of not less than 200

metres of any other part of the foreshore and clear of any ship, shipping

approach to a harbour, slipway, landing or berth.

(1) No person shall drive any mechanically driven small Nautical licence.

ship, or tow any person for the purpose of water skiing, in the internal

and territorial waters of Malta unless he is in possession of a nautical

licence issued by the Authority, and is covered by a policy of insurance

for an amount to be approved by the Authority which indemnifies such

person, persons or classes of persons as may be authorised and covered

by the policy against any liability which may be incurred by such persons

or classes thereof in respect of physical death or injury or damage to

third party property caused by or arising out of the use of the

mechanically driven small ship, or under the specific conditions laid

down in regulation 36.

(2) The Authority shall not issue a nautical licence unless

the applicant is eighteen years old and is competent to drive a

mechanically driven small ship.

(3) The Authority may attach to any nautical licence any

such conditions as it may deem fit.

(4) For the purpose of this regulation, “mechanically driven

small ship” means any mechanically driven small ship navigating in

the internal and territorial waters of Malta registered according to

regulation 3.

(1) No person may act as an instructor in the driving of a

Instructor’s nautical

mechanically driven small ship or in water skiing unless he is in

possession of an instructor’s nautical licence issued by the Authority.

(2) The Authority shall not issue any such nautical licence

unless the applicant is eighteen years old and is competent to give such

instruction.

(3) The Authority may attach to any such nautical licence

any such conditions as it may deem fit.

Any nautical licence issued by the Authority under regulation

29 or 30 shall bear the licensee’s signature and shall contain the licensee’s

photograph.

(1) No person shall run or operate a mechanically driven

small ships’ school or a water skiing school, or provide water skiing

facilities, or hire any small ships, whether mechanically driven or not,

to be driven by the hirer or otherwise, unless he is in possession of a

licence for that purpose by the Authority.

(2) The Authority shall not issue any such licence unless

the applicant is eighteen years old and is capable to provide such service

or facilities.

(3) The Authority may attach to any such licence any such

conditions as it may deem fit.

(4) Any licence issued by the Authority under this regulation

shall indicate thereon the registration number of all the small ships

covered by the licence.

(5) Any such licence shall be displayed in a conspicuous

place in the premises used as office by the licensee.

An application for any licence under these regulations shall Contents

application for any

be made on a form supplied for the purpose by the Authority and shall licence.

be completed with all the information as the Authority may require.

Revocation of

(1) The Authority may at any time without assigning any licence, etc.

reason therefor, suspend, cancel or revoke any licence granted or

renewed by it under these regulations.

(2) The Authority may at any time disallow the use of any

small ship if such small ship is considered by it, in its absolute discretion,

as not being seaworthy.

Any person whose licence under these regulations has been Surrender of

licence.

suspended, cancelled or revoked by the Authority shall, within twenty-

four hours of such suspension, cancellation or revocation, deliver his

licence to the Authority.

(1) No person shall hire or rent to any other person any Hire of small ships.

small ship for any purpose whatsoever unless the registration number

of such small ship is entered on the hirer’s licence.

(2) Any person licensed to hire small ships in terms of

regulation 32 may not lease, hire or rent a mechanically driven small

ship to, or for operation by, any person under eighteen years of age.

(3) All licensed operators must administer boating safety

instructions in compliance with existing regulations to all persons hiring

mechanically driven small ships who do not have a valid nautical licence.

(4) In addition, the licensee must supply to any person hiring

a small ship in print, prior to rental>

(a) the operational characteristics of the hired small ship,

especially of a mechanically driven small ship<

(b) the boating regulations peculiar to the area of rental<

and

(c) the common courtesies of operating a small ship,

especially a mechanically driven small ship, on the water, and the

effect on the environment and other water users.

The holder of any licence issued under these regulations shall Compliance with

orders, etc.

comply with any instructions, orders or directives given from time to

time by the Authority or by the Executive Director regarding>

(a)

the assurance of the safety of water skiers and of small

ships<

(b) the avoidance of collision at sea or undue interference

with other users of the area< and

(c) generally, the control, limitations, restrictions and safe

operation or conduct of water skiing and navigation.

No person shall drive or navigate a mechanically driven small

ship at a skiing speed and having on tow a skier unless there is on such

a mechanically driven small ship another person, being over eighteen

years of age, who keeps constant supervision and observation of the

skier.

No person may hire any small ship except from a person

licensed under regulation 32.

(1) Any person who holds a licence under regulation 32

shall keep a register showing the following information>

(a) the date, and the time of departure and of arrival, of any

mechanically driven small ship hired from him< and

(b) the name and the nautical licence number, where

applicable, of the driver of the mechanically driven small ship< or

(c) the name, address and nautical licence number of the

person hiring a mechanically driven small ship to be driven by the

hirer, where applicable.

(2) Such hire shall only be made according to the provisions

of regulation 36.

The owner of any small ship shall, if so required, give to any

owner of small ship.

enforcement officer any information as is required by him to lead to the

identification of the person who was driving or navigating such small

ship during any particular time.

Fees on initial registration and annual fees shall not be subject,

unless the Executive Director directs otherwise, to abatement or refunds.

(1) Subject to the provisions of these regulations, it shall

not be lawful for any person to use or to cause or allow any other person

to use a mechanically driven small ship unless there is in force in relation

to the user of the mechanically driven small ship by that person or that

other person, as the case may be, such a policy of insurance in respect

of third party-risks as complies with the requirements of regulation 5.

(2) It shall be presumed that there was not a policy of

insurance in force in terms of sub-regulation (1) unless the person

charged with an offence under sub-regulation (1) shall show the contrary

through the production of a certificate of insurance as required under

regulation 5.

(3) It shall be a valid defence, in the prosecution for an

offence under sub-regulation (1), for the defendant to prove that the

offence was committed without his knowledge and that he exercised all

due diligence to prevent the commission of the offence.

(4) If a person acts in contravention of this regulation he

shall, on conviction, be liable>

(a) in the case of a first offence, to a fine (multa) of not less

than four thousand, six hundred and sixty euro (€4,660) but not

exceeding six thousand, nine hundred and ninety euro (€6,990) or

to imprisonment for a term not exceeding six months, or to both

such fine and imprisonment<

(b) in the case of a second offence, to a fine (multa) of not

less than six thousand, nine hundred and ninety euro (€6,990) but

not exceeding nine thousand, three hundred and twenty euro

(€9,320) or to imprisonment for a term not exceeding nine months,

or to both such fine and imprisonment< and

(c) in the case of a third or subsequent offence, to a fine

(multa) of not less than nine thousand, three hundred and twenty

euro (€9,320) but not exceeding eleven thousand, six hundred and

forty euro (€11,640) or to imprisonment for a term not exceeding

twelve months, or to both such fine and imprisonment, and

(i) where the offence consists in the use of a

mechanically driven small ship by a person who is the owner

of the mechanically driven small ship or an employee of, or a

member of the family of and living with, the owner of the

mechanically driven small ship, the court shall, in addition to

the punishments laid down in this sub-paragraph, order the

forfeiture of the mechanically driven small ship<

(ii) where the offence, as aforesaid, is committed by any

other person, the court shall, in addition to the punishments

laid down in this sub-paragraph, impose a further fine (multa)

equivalent to the value of the mechanically driven small ship.

(1) No person shall deface or mutilate any licence, permit

or certificate issued under these regulations, or alter or obliterate any

entry made therein.

(2) Any person who, either by writing, drawing or in any

other manner, alter, deface, mutilate or add anything to any licence,

permit or certificate issued under these regulations, or uses any licence,

permit or certificate which has been altered, defaced, mutilated or added

to as aforesaid, shall be guilty of an offence.

(3) Any person who, with the intent to deceive, forges, alters,

uses, produces or sends any document required under the provisions of

these regulations, or makes a statement or declaration which he knows

to be false, shall be guilty of an offence.

(4) Any person who makes use of a registration mark of a

small ship other than that allotted by the Authority in relation to that

particular small ship shall be guilty of an offence.

(5) A person who is found guilty of an offence under sub-

regulations (1), (2), (3) and (4) shall be liable, on conviction, to a fine

(multa) not exceeding four thousand, six hundred and sixty euro

(€4,660), or to imprisonment for a term not exceeding twelve months,

or to both such fine and imprisonment, unless a higher punishment is

applicable under any other law, in which case the Court shall apply that

other punishment or this punishment increased by one or two degrees,

whichever the higher.

(1) Notwithstanding any other law providing for the trial

for certain offences.

and punishment of offences, where any person commits any of the

offences set out in the first column of the Third Schedule to these

regulations, the following provisions of this regulation shall apply.

(2) An enforcement officer in whose opinion any such

offence has been committed may stop the small ship used in the

commission of the offence and take the details of the owner or driver of

the small ship, of the small ship and of the offence.

(3) Ordinary proceedings will be taken in accordance with

the provisions of the regulation 49 in respect of the offence in question

and the offender, on conviction, shall be liable to the fines (multa) laid

down in the second column to the Third Schedule to these regulations.

(4) When ordinary proceedings are taken according to sub-

regulation (3), the court shall also have the power to apply the provisions

of regulation 47.

(5) The fines laid down in the second column to the Third

Schedule to these regulations are in addition to and not in derogation of

the fines laid down in any other regulations in force or any other law.

(6) For the purpose of this regulation, “small ship” means

any small ship navigating in the internal and territorial waters of Malta

registered according to regulation 3.

Any person who fails to comply with or contravenes any of Other offences.

the provisions contained in these regulations, which is not specifically

regulated by regulations 43, 44 and 45, shall be guilty of an offence

under these regulations and shall be liable to the penalties laid down in

Part IX of the Act.

(1) A person convicted of an offence under regulations 43, Cancellation of a

44, 45 and 46 shall, unless the court for special reasons deems fit to licence

disqualification

order otherwise and without prejudice to the power of the court to order from

obtaining a licence

a longer period of disqualification, be disqualified from holding or etc.

obtaining any licence, and, or certificate, and, or any other permit issued

by the Authority, whether under these regulations or not, for a period of

twelve months from the date of the conviction>

Provided that if the execution of the judgement ordering the

conviction is stayed in view of the declared intention of the person

convicted to enter an appeal against such judgement, the period of

disqualification shall commence to run>

(a) if it is confirmed or reduced by the judgement of the

Court of Criminal Appeal, from the date of such judgement<

(b) if an application of appeal is not filed within the time

established by law, from the next day following the day on which

such time expires< and

(c) if the appeal is withdrawn by note, from the day when

such note is filed in the court or, if the appeal is otherwise

abandoned after the filing of application of appeal, from such day

as the Court of Criminal Appeal shall, on application of the

Commissioner of Police or of the Authority, establish.

(2) The court shall also have the power to order the

cancellation of any licence and, or certificate, and, or any other permit

issued by the Authority, in the case of a second or subsequent conviction

for an offence under regulations 43, 44, 45 and 46.

(1) An enforcement officer shall have the power to order

the removal of a small ship from water and taken back to land and left

there for any period he deems fit in any case where there is any non

observance of the provisions of these regulations.

(2) The enforcement officer shall also have the power to

seize any small ship where there is any serious breach of these

regulations.

(3) If a small ship is seized according to sub-regulation (2),

it shall remain seized until the offender has complied with the provisions

of these regulations and regularised his position.

(4) The removal of a small ship from water, the

transportation to a warehouse or another place and the warehousing or

keeping in such other place during the period of seizure shall be at the

risk and expense of the owner of the small ship.

(5) The seizure of a small ship according to the provisions

of this regulation is without prejudice to any other fines or proceedings

laid down in these regulations for the same offence.

(6) For the purposes of this regulation, cases of serious

breach of these regulations are>

(a) when the small ship is not registered or without any

markings of registration according to the provisions of regulation

(b) when there is not in force a policy of insurance according

to the provisions of regulation 5<

(c) when the owner or driver of the small ship does not hold

a nautical licence according to the provisions of regulation 29<

(d) when the instructor in the driving of a mechanically

driven small ship or in water skiing does not hold an instructor’s

nautical licence according to the provisions of regulation 30<

(e) when the operator of a mechanically driven small ships’

school or a water skiing school or who provides water skiing

facilities or hires any small ships is not in possession of a licence

according to the dispositions of regulation 32< and

(f) when there is the forgery of any document according to

the provisions of regulation 44.

(7) For the purpose of this regulation, “small ship” means

any small ship navigating in the internal and territorial waters of Malta

registered according to regulation 3.

Proceedings for an offence against these regulations shall be Proceedings before

the Court of

taken before the Court of Magistrates (Malta) or the Court of Magistrates Magistrates.

(Gozo), as the case may be, and shall be in accordance with the provisions

of the Criminal Code regulating the procedure before the said courts as Cap. 9.

courts of criminal judicature.

Nothing in these regulations shall abrogate or prejudice any Rights and powers.

of the rights and powers conferred on the Authority.

The provisions contained in these regulations are in addition Regulations not in

to and not in derogation of the provisions of any other regulations in derogation

other legislative

provisions.

force or any other law.

The Small Ships Regulations, 2001 are hereby repealed.

Repeal of L.N. 129

of 2001.

Any obligation, liability, penalty or punishment incurred Saving.

under the Small Ships Regulations, 2001 which are hereby repealed, or

in connection with any breach of the provisions of those regulations, or

any proceedings or remedy relating to any such obligation, liability,

penalty or punishment, shall not be affected by such repeal.

All certificates, licences and permits issued under the Small

Ships Regulations, 2001 which are hereby repealed shall remain into

force and valid as if they were issued under these regulations until their

term of validity expires.