SMALL SHIPS REGULATIONS

SUBSIDIARY LEGISLATION 499.52

SMALL SHIPS REGULATIONS

1st August, 2008

LEGAL NOTICE 183 of 2008, as amended by Legal Notice 250 of 2009;

Act XV of 2009; and Legal Notices 57 of 2010 and 317 of 2019.

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

Regulations.

(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) of, or exceeding, 30H.P., on the 1st of January,

2011; and

(iii) not exceeding 30 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

internal and territorial waters of Malta; and

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

the internal and territorial waters of Malta.

Substituted by

L.N. 57 of 2010.

(Regulation 12)

1. For the registration of a small ship

(a) where the small ship has no engines ....................................

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

power

(b) not exceeding 9.9 H.P. ........................................................

(c) exceeding 9.9 H.P. but not exceeding 25 H.P. ......................

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

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

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

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

For the initial registration of other small ships

Small fishing ships registered with the Department responsible

for fisheries and aquaculture ..................................................................

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

registration of any small ships

(a) where the small ship has no engines (not exceeding 3.65

metres in length overall) .....................................................

(b) where the small ship has no engines (of and exceeding 3.65

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

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

power

(c) not exceeding 9.9 H.P., every five years ..............................

(d) exceeding 9.9 H.P. but not exceeding 25 H.P. ......................

(e) exceeding 25 H.P. but not exceeding 50 H.P. .......................

(f) exceeding 50 H.P. but not exceeding 75 H.P. .......................

(g) exceeding 75 H.P. but not exceeding 150 H.P. .....................

(h) exceeding 150 H.P. .............................................................

3. For any change in the registered details and any reprint of a

certificate, licence or permit ..................................................................

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

small ship ..............................................................................................

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

In these regulations, unless the context otherwise requires

"the Act" means the Ports and Shipping Act;

"Authority" means the Authority for Transport in Malta;

"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;

"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

Wa t e r s a n d C o n t i g u o u s Z o n e A c t , m e a s u r e d a s i n t h a t A c t

provided, 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

m et r e s i n l e n g t h e m p l o y e d s o l e l y i n n a v i g a t i o n w i t h i n t h e

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. That part of St. Julians Bay to the West of a line drawn from Hotel Cavalieri

to the entrance of College Street, St. Julians

4. St. George’s Bay, St. Julians

5. Pretty Bay, Birzebbugia

6. St. George’s Bay, Birzebbugia

Gozo

1. Xlendi Bay

2. Marsalforn Bay

3. M[arr 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 Authority under these regulations or unless such small ship is

registered under the Merchant Shipping Act, or under the Fisheries

Conservation and Management Act, or unless such small ship is

registered or documented to the satisfaction of the Authority under

the law of any country other than Malta.

(2) The Authority 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 Authority may be

discharged by other persons appointed by the Authority as may be

authorised for such purpose by the Authority.

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

produce to the satisfaction of the Authority 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.

(4) The following small ships, which are for personal use only

a n d n o t u s e d i n a c o m m e r c i a l m a n n e r, a r e e x e m p t e d f r o m

registration under this regulation

(a) canoes; and

(b) open sailing dinghies, without engines, not exceeding

Amended by

L.N. 57 of 2010.

(Regulation 45)

First Column

Offence

Where a small ship is moored, berthed, being launched or driven

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

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

If the small ship does not bear any registration markings ............

If the registration markings of a small ship have been altered,

defaced, mutilated or added to ....................................................

If the registration markings of a small ship are not in conformity

with the specific conditions laid down in these regulations .........

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 ...............................................................

SMALL SHIPS

Using a small ship not in accordance with any specific condition laid

down in the certificate of registration .....................................................

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

Overloading of the number of passengers that the small ship is permitted

to carry ..................................................................................................

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 ...........................................................

Operating a small ship under the influence of alcohol .............................

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

and/or abusive manner likely to cause injury or damage .........................

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 .................................................

Entering, navigating, berthing, mooring, drifting, stopping or waiting in

a prohibited area ....................................................................................

Water skiing in a prohibited area ............................................................

Mooring with the swimmers’ zones marker buoys, ropes and ancillary

tackle .....................................................................................................

Emitting excessive exhaust smoke or spilling oil, fuel or other polluting

substance ...............................................................................................

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

Operating a mechanically driven small ship without holding a nautical

licence or an instructor’s nautical licence ...............................................

Nautical licence or an instructor’s nautical licence not renewed .............

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 .................................................................

L-ebda bastiment żgħir m’għandu jiġi reġistrat kemm-il

darba ma jkunx mgħammar b’dak l-apparat ta’ salvataġġ kif jista’

jkun meħtieġ mill-Awtorità minn żmien għal żmien.

2 metres in length overall.

4. No small ship shall be registered unless the small ship is

equipped with such safety equipment as may be required by the

Authority from time to time.

5. (1) No mechanically driven small ship shall be eligible to be

registered unless it is in compliance with regulation 4 and there is

in 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 such information and details as may be required by the

Authority, 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

Authority 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

Authority shall register the small ship.

The Authority may, at any time and subject to any

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

surveyor of ships and the tonnage ascertained to its satisfaction.

The survey’s certificate shall be delivered to the Authority.

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 Authority, which

may at its 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 Authority 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

Authority shall, subject to such conditions as it 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 Authority 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 Authority 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

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

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

at the discretion of the Authority.

A certificate of registry shall be used only for the lawful

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

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

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

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

change shall be entered in the revised certificate of registry of that

small ship. The owner or the master of the small ship shall within

four days, for the purpose of such endorsement by the Authority,

deliver the certificate of registry to the Authority 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 Authority is satisfied that the reason

for the non-renewal of the certificate is justified, it 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 Authority by not later than one month of its

expiry.

Where it appears to the Authority 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, it may require the person

registered as the owner to give evidence to its 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 Authority may deem fit. If the evidence required is not given to

the satisfaction of the Authority, it 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 Authority, giving all such particulars and information

as the Authority may require for the purpose.

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

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

within seven days, give notice thereof in writing to the Authority

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 Authority.

(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

Authority 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

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

some 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 on the small ship in such manner as shall be

directed by the Authority 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 Authority 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 Authority 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 Authority 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 Authority

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 Authority.

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 t he Au t ho ri ty a cert ific ate o f seaw orth i ness issu ed b y a

recognised surveyor confirming that the small ship is seaworthy

and fit to be used for that specific trade or business.

The Authority 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 Authority 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

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

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 subregulation (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

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

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

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

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.

(6) The fees payable in respect of the licences to operate a water-

skiing school or a small ship hire outlet and the licences for the hire or

use of small ships issued in terms of this regulation shall be as

established, from time to time, by the Authority.

An application for any licence under these regulations shall

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

shall be completed with all the information as the Authority may

require.

(1) The Authority may at any time without assigning any

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

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

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 comply with any instructions, orders or directives given from

time to time by the Authority 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 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 Authority 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 subregulation (1) unless the person charged

with an offence under subregulation (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 subregulation (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

subregulations (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

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

offences set out in the first column of the Third Schedule, 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.

(4) When ordinary proceedings are taken according to

subregulation (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 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

the provision s 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 V of the Act.

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

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

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

order a longer period of disqualification, be disqualified from

holding or obtaining any licence, and, or certificate, and, or any

o t h e r p e r m i t i s s u e d b y t h e A u t h o r i t y, w h e t h e r u n d e r t h e s e

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

p e r m i t i s s u e d b y t h e A u t h o r i t y, i n t h e c a s e o f a s e c o n d o r

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 subregulation (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 3;

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

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 courts of criminal judicature.

Nothing in these regulations shall abrogate or prejudice

any of the rights and powers conferred on the Authority.

The provisions contained in these regulations are in

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

regulations in force or any other law.

(Omitted under Act IX of 1980).

Any obligation, liability, penalty or punishment incurred

under the Small Ships Regulations, 2001 * , or in connection with

*Revoked by these regulations.

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 * shall remain in force and valid as if

they were issued under these regulations until their term of validity

expires.

*Revoked by these regulations.