Boats and
Surf-riding (Control) (Jersey) Regulations 1969[1]
THE STATES, in exercise of the powers
conferred upon them by the Order in Council
of 26th December 1851,[2] Article 92 of the Road
Traffic (Jersey) Law 1956,[3] and Article 4 of the Harbours
(Administration) (Jersey) Law 1961,[4] have made the following Regulations
Commencement
[see endnotes]
PART 1
PROVISIONS
AS TO SURF-RIDING
1
In this Part –
“Hawaiian-type surf
board” means a board measuring more than 5 feet in length or a board to
which is attached a fin (commonly known as a “skeg”) or fins for
steering purposes;[5]
“Minister” means the
Minister for Economic Development;
“registered” means
registered under this Part of these Regulations.
2
(1) No
person shall ride the surf in any boat or in or on any other thing, between the
hours of 10 am and 7 pm on any day during the period of the year beginning on
30th April and ending on 1st October, except in or on a –
(a) boat or thing measuring not more than 5 feet
in length and 2 feet in width to which no fin (commonly known as a
“skeg”) or fins is or are attached for steering purposes;
(b) board, not being an Hawaiian type
surf-board, measuring not more than 5 feet in length and 2 feet in width; or
(c) thing made mainly of inflatable material to
which no fin (commonly known as a “skeg”) or fins is or are
attached for steering purposes.[6]
(2) Notwithstanding
the provisions of paragraph (1), it shall not be unlawful to ride the surf
within such areas as shall be determined by the Minister, and which shall be
marked in such manner as the Harbour Master may direct.[7]
(3) A
determination under paragraph (2) shall authorize the Harbour Master at
the Harbour Master’s discretion from time to time to extend any of the
areas so determined.[8]
(4) In
exercising discretion under paragraph (3) the Harbour Master shall take
into account prevailing weather conditions and the number of other persons in
or on, or likely to be in or on, the sea in that area. [9]
(5) An
area extended by the Harbour Master pursuant to paragraph (3) shall be
marked in the manner provided by paragraph (2).[10]
(6) No
person shall use or cause or permit any other person to use, for the purpose of
riding the surf, a boat, board or thing, other than a boat, board or thing
exempt by virtue of paragraph (1) from the provisions of that paragraph,
unless it is registered with the Minister and bears the appropriate
registration number assigned under paragraph (10).[11]
(7) An
application for registration shall be in such form as the Minister may require
and shall be accompanied by a fee of £14.50 and by evidence that there is
in force in relation to the boat, board or thing a policy of insurance which,
subject to any restrictions and conditions specified, insures, in an amount not
less than that which may from time to time be fixed by the Minister, the owner
of the boat, board or thing against all liability which may be incurred by any person
using the boat, board or thing for the purpose of riding the surf in respect of
the death of, or bodily injury to, any other person caused by, or arising out
of, such use of the boat, board or thing, and the Minister shall not register a
boat, board or thing until such evidence as aforesaid is produced.[12]
(8) The
Minister may from time to time require the owner of a boat, board or thing to
produce such evidence as aforesaid and where any such evidence required to be
produced is not produced within the time specified in the requirement, the
Minister shall cancel the registration.[13]
(9) On
the sale or other change of ownership of a registered boat, board or thing, the
registration shall become void and the transferee shall, within 7 days of the
sale or other change of ownership, register the boat, board or thing with the
Minister. [14]
(10) Subject
to the foregoing provisions of this Regulation, the Minister shall, on receipt
of an application for registration, assign a registration number to the boat,
board or thing and shall register the name and address of the owner and the
registration number so assigned in a register to be kept by the Minister for
the purpose, and shall issue a certificate of registration and an adhesive
disc, of such form and colour as the Minister may determine, bearing the
registration number so assigned:
Provided that, in a case to which paragraph (9)
applies, the Minister shall not assign to the boat, board or thing a
registration number other than that assigned immediately before the sale or
other change of ownership.[15]
(11) A
registration, unless this previously becomes void, shall remain in force until
31st January next following the day on which it is granted.[16]
(12) The
owner of a registered boat, board or thing shall cause the registration number
assigned to it under paragraph (10) to be affixed to it by means of the
adhesive disc issued by the Minister in accordance with that paragraph.[17]
(13) The
foregoing provisions of this Regulation shall not prohibit the use of any boat,
board or other thing in any life-saving operation.
3
If any person acts in contravention
of this Part of these Regulations he or she shall be liable to a fine not
exceeding £200.[18]
PART 2[19]
REGISTRATION OF SAIL BOARDS
4
In this Part –
“Minister” means the
Minister for Economic Development;
“registered” means
registered under this Part of these Regulations;
“sail board” means a
board –
(a) propelled by means of a sail fixed to a
hand-held mast which is attached to the board by a universal joint; and
(b) equipped with a fin or fins for steering
purposes.
5
(1) No
person shall use, or cause or permit any other person to use, a sail board
unless the board is registered with the Minister and bears the appropriate
registration number assigned to it under paragraph (5).
(2) An
application for registration shall be in such form as the Minister may require
and shall be accompanied by a fee of £14.50 and by evidence that there is
in force in relation to the sail board a policy of insurance which, subject to
any restrictions and conditions specified, insures, in an amount not less than
that which may from time to time be fixed by the Minister, the owner of the
sail board against all liability which may be incurred by any person using the
board in respect of the death of, or bodily injury to, any other person caused
by, or arising out of, such use of the board, and the Minister shall not
register a sail board until such evidence as aforesaid is produced.[20]
(3) The
Minister may from time to time require the owner of a sail board to produce
such evidence as aforesaid and, where any such evidence required to be produced
is not produced within the time specified in the requirement, the Minister
shall cancel the registration.
(4) On
the sale or other change of ownership of a registered sail board, the
registration shall become void and the transferee shall, within 7 days of the
sale or other change of ownership, register the sail board with the Minister.
(5) Subject
to the previous paragraphs of this Regulation, the Minister shall, on receipt
of an application for registration, assign a registration number to the sail
board and shall register the name and address of the owner and the registration
number so assigned in a register to be kept by the Minister for the purpose,
and shall issue a certificate of registration and an adhesive disc, of such
form and colour as the Minister may determine, bearing the registration number
so assigned:
Provided that, in a case to which
paragraph (4) applies, the Minister shall not assign to the sail board a
registration number other than that assigned immediately before the sale or
other change of ownership.
(6) The
owner of a registered sail board shall cause the registration number assigned
under paragraph (5) to be affixed to the board by means of the adhesive
disc issued by the Minister in accordance with that paragraph.
(7) Subject
to paragraphs (3) and (4), a registration shall remain in force until 31st
January next following the day on which it is granted.[21]
(8) The
foregoing provisions of this Regulation shall not prohibit the use of a sail
board in any life-saving operation.
(9) No
person shall sail or operate a sail board recklessly or in a manner which is
dangerous to other persons in or on the sea. [22]
(10) No
person shall sail or operate a sail board without due care and attention or
without reasonable consideration for other persons in or on the sea.[23]
6
Any person who acts in
contravention of this Part shall be liable to a fine not exceeding £200.[24]
PART 3
REGISTRATION
OF BOATS
7
In this Part –
“boat” means every
description of vessel of 8 feet or over in overall length used or intended to
be used in navigation by whatever means propelled, but excludes –
(a) any
boat registered under Part 6;
(b) any
canoe;
“Minister” means the
Minister for Economic Development;
“registered” means
registered under this Part.
8
(1) Every
boat owned by a person ordinarily resident in Jersey shall be registered with
the Minister.
(2) An
application for registration shall be in such form as the Minister may require
and shall be accompanied by a fee of £14.50.[25]
(3) The
Minister shall, on receipt of an application for registration, register the
name and address of the owner or owners and if there are more owners than one,
the proportion of their respective shareholdings, and the name of the boat in a
register to be kept by the Minister for that purpose, and shall issue a
certificate of registration.
(4) The
owner of a registered boat shall cause the name of the boat to be painted or
affixed on a conspicuous part of the exterior of the boat and shall cause the
same to be kept plainly and distinctly visible and legible at all times while
the boat is at sea.
9
On the sale or other change of
ownership of a registered boat, the registration shall become void and the
transferee shall, within 7 days of the sale or other change of ownership, make
application for registration, in accordance with the provisions of Regulation 2
and shall submit with the application a written notification signed by the
transferor of the change of ownership of the boat.[26]
10
If any person contravenes the
provisions of this Part, he or she shall be liable to a fine not exceeding £200.[27]
PART 4
CONTROL
OF BOATS PLYING FOR HIRE
11
In this Part –
“beach” means a sea
beach and includes a slipway;
“boat”
includes –
(a) every
description of vessel used or intended to be used in navigation by whatever
means propelled; and
(b) floats,
but excludes a passenger boat as
defined in Part 5;
“licence” means a
licence granted by the competent authority under this Part.
12
No person shall let any boat on
hire or carry passengers for hire in any boat, unless he or she is the holder
of a licence authorizing him or her to do so.
13
(1) An
application for a licence shall be in such form as the Minister may require and
shall be delivered to the Harbour Master who shall cause the boat to which the
application relates to be surveyed.
(2) The
fees payable for each inspection of a boat for the purposes of survey under
this Regulation shall be calculated in the following manner –
(a) for each person who is engaged on the
inspection, a fee at the rate of £39.06 per hour shall be payable; and
(b) the time spent by a person on an inspection
shall be calculated to the nearest hour.[28]
14
(1) If
the report of the survey is satisfactory, the Minister may grant a licence to
the applicant but in so doing shall take into account any recommendation made
by the Harbour Master in the matter.
(2) A
fee of £16.75 shall be payable on the grant of a licence.[29]
15
Any licence may be granted subject
to such conditions as the Minister thinks fit to impose and every licence
shall, in particular, specify the date on which the licence is to come into
force, the number of boats to which the licence relates and the place from
which and the area within which they may operate and the number of persons
(including the crew, if any) who may be carried on each boat.[30]
16
(1) A
licence may be revoked, suspended or varied by the Minister at any time and,
unless revoked, shall remain in force until 31st January next following the
date on which it is granted.[31]
(2) Before
revoking, suspending or varying a licence, the Minister shall give the holder
of the licence an opportunity to be heard.[32]
17[33]
(1) Where
the Minister refuses to grant a licence, grants a licence subject to conditions
or revokes, suspends or varies a licence, he or she shall notify the applicant
for or holder of the licence of the reasons for the Minister’s decision.
(2) An
applicant for a licence shall have a right of appeal to the Royal Court against
–
(a) a refusal to grant a licence; or
(b) the conditions subject to which a licence is
granted.
(3) The
holder of a licence shall have a right of appeal to the Royal Court against the
revocation, suspension or variation of his or her licence.
(4) An
appeal may only be made within 28 days of the applicant for or holder of
the licence being notified by the Minister of the reasons for the
Minister’s decision.
(5) Upon
hearing an appeal, the Royal Court may uphold the decision of the competent
authority or substitute its own decision.
18
The holder of a licence shall cause
his or her own name, the name of the boat and the number of persons (including
the crew, if any) who may be carried on the boat, as specified in the licence,
to be painted or marked on a conspicuous part of the boat and shall cause the
same to be kept plainly and distinctly visible at all times while the boat is
at sea.
19
The holder of a licence shall not
employ any person to act as a member of the crew of a boat to which the licence
relates unless the Harbour Master is satisfied that such person is competent to
act in that capacity.
20
The holder of a licence shall not
use, nor cause or permit to be used, any fuel other than paraffin or diesel oil
for the propulsion of a boat to which the licence relates if it is propelled by
an in-board engine.
21
(1) If
any person –
(a) acts
in contravention of this Part; or
(b) being
the holder of a licence, acts in contravention of, or fails to comply with, the
conditions of the licence,
he or she shall be liable to a
fine not exceeding £200.[34]
(2) Where
any person is convicted of an offence against this Part, the court may order
that person to be disqualified for holding or obtaining a licence for such
period (not exceeding 6 months) as the court thinks fit and any licence held or
obtained by that person while so disqualified shall be of no effect.
(3) Where
an offence for which the holder of a licence is liable under this Part has, in
fact, been committed by some manager, agent, servant or other person, the
manager, agent, servant or other person, as well as the holder of the licence
shall be deemed to be guilty of that offence and shall be liable to be
proceeded against and punished accordingly.
22
Nothing in this Part shall be
deemed to repeal or affect the provisions of any other enactment.
PART 5
CONTROL
OF PASSENGER BOATS PLYING FOR HIRE BETWEEN PLACES IN Jersey
23
(1) In
this Part–
“beach” means a sea
beach and includes a slipway;
“licence” means a
licence granted by the Minister under this Part;
“passenger boat”
means a boat designed to carry more that 12 passengers.[35]
(2) Where
a passenger boat carries passengers and returns to its place of departure
without putting in at any other place during its voyage, it shall, for the
purposes of this Part, be deemed to be carrying passengers between places in Jersey.
24
No person shall carry passengers
for hire in a passenger boat between any places in Jersey unless he or she is
the holder of a licence authorizing him or her to do so.
25
An application for a licence shall
be in such form as the Minister may require and shall be accompanied by the
passenger ship’s certificate in relation to the passenger boat.[36]
26
(1) Any
licence may be granted subject to such conditions as the Minister thinks fit to
impose, and every licence shall, in particular, specify the date on which the licence
is to come into force and the places between which, or the area within which,
the passenger boat may operate.[37]
(2) A
fee of £16.75 shall be payable on the grant of a licence.[38]
27
(1) A
licence may be revoked, suspended or varied by the Minister at any time, and,
unless revoked, shall remain in force until 31st January next following the
date on which it is granted.[39]
(2) Before
revoking, suspending or varying a licence, the Minister shall give the holder
of the licence an opportunity to be heard.[40]
28[41]
(1) Where the Minister refuses to grant a licence, grants a licence
subject to conditions or revokes, suspends or varies a licence, he or she shall
notify the applicant for or holder of the licence of the reasons for the
Minister’s decision.
(2) An
applicant for a licence shall have a right of appeal to the Royal Court
against –
(a) a refusal to grant a licence; or
(b) the conditions subject to which a licence is
granted.
(3) The
holder of a licence shall have a right of appeal to the Royal Court against the
revocation, suspension or variation of his or her licence.
(4) An
appeal may only be made within 28 days of the applicant for or holder of
the licence being notified by the competent authority of the reasons for its
decision.
(5) Upon
hearing an appeal, the Royal Court may uphold the decision of the Minister or
substitute its own decision.
29
(1) If
any person –
(a) acts
in contravention of this Part; or
(b) being
the holder of a licence, acts in contravention of, or fails to comply with, the
conditions of the licence,
he or she shall be liable to a
fine not exceeding £200.[42]
(2) Where
any person is convicted of an offence against this Part, the court may order
him or her to be disqualified for holding or obtaining a licence for such
period (not exceeding 6 months) as the court thinks fit, and any licence held
or obtained by that person while so disqualified shall be of no effect.
(3) Where
an offence for which the holder of a licence is liable under this has, in fact,
been committed by some manager, agent, servant or other person, the manager,
agent, servant or other person, as well as the holder of the licence, shall be
deemed to be guilty of that offence and shall be liable to be proceeded against
and punished accordingly.
30
Nothing in this Part shall be
deemed to repeal or affect the provisions of any other enactment.
PART 6
REGISTRATION
AND MARKING OF SPEED BOATS
31
(1) In
this Part, unless the context otherwise requires –
“Minister” means the
Minister for Economic Development;
“registered” means
registered under this Part of these Regulations;
“speed boat” means a
vessel which –
(a) is mechanically propelled;
(b) is under 30 feet in overall length; and
(c) is designed for or capable of travelling on
the sea at a speed in excess of 12 knots.[43]
(2) Where
a speed boat has been hired out for any period exceeding 14 days to any other person
by the owner and no employee of the owner is an operative member of the crew of
the boat, this Part shall have effect as if for references to the owner there
were substituted references to the person to whom the boat has been so hired
out.
32
(1) No
person shall use, or cause or permit any other person to use, in the
territorial waters of Jersey, any speed boat unless the boat is registered with
the Minister.
(2) If
any person contravenes the provisions of paragraph (1), he or she shall be
liable, in the case of a first offence, to a fine not exceeding £300, and
in the case of a second or subsequent offence, to a fine not exceeding
£500.[44]
(3) Where
any person is convicted of a second or subsequent offence against the
provisions of paragraph (1), the court may order that he or she be
disqualified for driving a speed boat for such period as the court thinks fit,
and if any person drives a speed boat whilst so disqualified, he or she shall
be liable to a fine not exceeding £1,000 or to imprisonment for a term
not exceeding 6 months or to both such fine and such imprisonment.[45]
33
(1) An
application for registration shall be in such form as the Minister may require
and shall be accompanied by a fee of £14.50 and by the evidence referred
to in Regulation 35(3).[46]
(2) Subject
to the provisions of Regulation 35(4) the Minister shall, on receipt of an
application for registration, assign a number to the speed boat named and
register the name and address of the owner or owners, and if there are more
owners than one the proportions of their respective shareholdings, the name of
the speed boat and the number so assigned in a register to be kept by the
Minister for that purpose and shall issue a certificate of registration.
(3) A
registration unless this previously becomes void, shall remain in force until 31st
January next following the day on which it is granted.[47]
34
(1) On
the sale or other change of ownership of a registered speed boat, the
registration shall become void and the transferee shall, within 7 days of the
sale or other change of ownership, make application for registration in
accordance with the provisions of Regulation 33(1) and shall submit with the
application a written notification signed by the transferor of the change of
ownership of the boat.[48]
(2) If
any person fails to comply with the requirements of this Regulation he or she shall
be liable to a fine not exceeding £200.[49]
35
(1) No
person shall use or cause or permit any other person to use, in the territorial
waters of Jersey any speed boat unless there is in force in relation to the
user of that boat by that person or that other person, as the case may be, a
policy of insurance issued by a person or body of persons carrying on marine
insurance business in Great Britain or the Channel Islands, the policy being
one which, subject to any restrictions or conditions specified therein, insures
in an amount not less than that which may from time to time be fixed by the
Minister the owner of the boat against all liability which may be incurred by
any person in respect of loss or damage caused to persons or property in or on
the water, while the boat is at sea, including any liability to or incurred by
any person engaged in water skiing, aquaplaning, parascending or similar sport
while being towed by the boat, or preparing to be towed.[50]
(2) A
person, or as the case may be, his or her estate shall not be entitled to
benefit from the provisions of paragraph (1) in relation to any claim made
in respect of such loss or damage as aforesaid, against the person who at the
time of the happening of the event giving rise to the claim was the owner of
the boat, or his or her estate, if it can be shown that at that time the boat
was in the possession or control of some other person without the authority or
permission of the owner.
(3) Every
application for registration shall be accompanied by evidence that such a
policy of insurance as is referred to in paragraph (1) is in force, and
the Minister may from time to time require the owner of a registered speed boat
to produce such evidence as aforesaid within such time as may be specified in
the requirement.
(4) The
Minister shall not register a speed boat until such evidence as aforesaid is
produced and where any such evidence required to be produced in relation to a
registered speed boat is not produced within the time specified in the
requirement, the Minister shall cancel the registration.
(5) If
any person acts in contravention of paragraph (1), he or she shall be
liable to a fine not exceeding £500 or to imprisonment for a term not
exceeding 3 months or to both such fine and such imprisonment.[51]
(6) Where
any person is convicted of an offence against this Regulation, the court may order
that he or she be disqualified for driving a speed boat for such period as the
court thinks fit, and if any person drives a speed boat whilst so disqualified,
he or she shall be liable to a fine not exceeding £1,000 or to
imprisonment for a term not exceeding 6 months or to both such fine and such
imprisonment.[52]
36
(1) The
owner of a registered speed boat shall cause the number assigned to the boat in
accordance with Regulation 33(2) to be painted or marked on the outer surface
of each side of the hull in a place where it will be visible at all times when
the boat is under way and in conformity with the requirements of the Schedule and
shall cause the same to be kept plainly and distinctly visible and legible at
all times while the boat is at sea.[53]
(2) If
any person fails to comply with any of the requirements of this Regulation he
or she shall be liable to a fine not exceeding £100.[54]
PART 7
RESTRICTIONS
ON SPEED, DRIVING AND NOISE
37
(1) Except
under the authority of a permit granted by or on behalf of the Minister and in
accordance with any conditions attaching thereto, no person shall cause or
permit any boat to proceed at a speed in excess of 5 knots –
(a) within
any harbour, at any time;
(b) in any bay at any time in any case where the
boat is being used to tow a person engaged in parascending;
(c) within 200
yards of the water’s edge in any bay between the hours of 10 am and 7 pm
on any day during the period of the year beginning on 1st May and ending on
31st October; or
(d) within 200
yards of the water’s edge in any bay at any other time except in any case
where the boat is being used to tow a person engaged in water skiing, and then
only at the start of such tow. [55]
(2) Whether
or not a person has the authority of a permit referred to in paragraph (1),
he or she shall not cause or permit a jet-ski or surf jet or any similar kind
of boat to proceed at a speed of more than 5 knots in any of the following
waters that are territorial waters of Jersey–
(a) any waters in or around Les
Écréhous that are 10 metres or less in depth (as indicated on the
Admiralty Chart numbered 3655 published on 18th December 1987 under
the superintendence of the Hydrographer of the Navy);
(b) any waters in or around Les Dirouilles that
are 10 metres or less in depth (as indicated on that chart);
(c) any waters in or around Les Minquiers that
are 5 metres or less in depth (as indicated on the Admiralty Chart numbered
3656 published on 9th January 1987 under the superintendence of the
Hydrographer of the Navy);
(d) any waters of St. Aubin’s Bay
that lie generally to the west of a line that is drawn from the south end of La
Haule Slip straight to Platte Rock beacon (being the beacon at that Platte Rock
which lies north-east of Grosse Rock) and from there straight to Point de
Bût;
(e) any waters of Bouley Bay that lie to the
southern side of the shortest line drawn between Vicard Point and La Tour de
Rozel;
(f) any waters of St. Brelade’s
Bay that lie to the northern side of the shortest line drawn between Grosse
Tête and La Cotte Point. [56]
(3) This
Regulation shall not apply to any boat while it is being used on any
life-saving operation.
(4) If
any person acts in contravention of this Regulation, he or she shall be liable
to a fine not exceeding £500 or to imprisonment for a term not exceeding 3 months
or to both such fine and such imprisonment. [57]
(5) Where
any person is convicted of an offence against this Regulation the court may order
him or her to be disqualified for driving a speed boat for such period as the
court thinks fit and if any person drives a speed boat whilst so disqualified,
he or she shall be liable to a fine not exceeding £1,000 or to
imprisonment for a term not exceeding 6 months or to both such fine and such
imprisonment.[58]
38
(1) No
person shall drive a speed boat recklessly or at a speed or in a manner which
is dangerous to other persons in or on the sea.
(2) No
person shall drive a speed boat without due care and attention or without
reasonable consideration for other persons in or on the sea.
(3) No
person shall drive a speed boat which is towing a person engaged in water
skiing, aquaplaning, parascending or other similar sport unless he or she is
accompanied in the boat by another person with experience of the particular
sport whose function is to watch over the person being towed.[59]
(4) No
person shall when operating a jet-ski or surf jet or any similar type of craft
tow a person for the purpose of water-skiing, aquaplaning, parascending or
other similar sport.[60]
(5) If
any person acts in contravention of this Regulation he or she shall be
liable –
(a) in the
case of an offence against paragraph (1) or (3) to a fine not exceeding
£500 or to imprisonment for a term not exceeding 4 months or to both such
fine and such imprisonment;
(b) in the
case of an offence against paragraph (2), to a fine not exceeding
£300 or to imprisonment for a term not exceeding 3 months or to both such
fine and such imprisonment.[61]
(6) Where
any person is convicted of an offence against this Regulation the court may order
that he or she be disqualified for driving a speed boat for such period as the
court thinks fit, and if any person drives a speed boat whilst so disqualified,
he or she shall be liable to a fine not exceeding £1,000 or to
imprisonment for a term not exceeding 6 months or to both such fine and such
imprisonment.[62]
39
In Regulations 37 and 38 “speed boat” has the same meaning as in Part 6.
40
(1) No
person shall use, or cause or permit any other person to use, any boat
engine –
(a) unless
it is fitted with a silencer, expansion chamber or other contrivance suitable
and sufficient for reducing as far as may be reasonable the noise caused by the
escape of exhaust gases;
(b) which
causes any excessive noise either directly or indirectly as a result of any
defect (including a defect in design or construction), lack of repair or faulty
adjustment in the engine or any part or accessory of the engine; or
(c) in
such manner as to cause any excessive noise which would have been avoided by
the exercise of reasonable care:
Provided that it shall be a good
defence to proceedings taken under sub-paragraph (b) –
(i) to
prove that the noise or continuance of the noise in respect of which the
proceedings are taken was due to some temporary or accidental cause and could
not have been prevented by the exercise of due diligence and care on the part
of the owner or person in charge of the boat,
(ii) in
the case of proceedings against the person in charge of the boat who is not the
owner, to prove that the noise arose through a defect in design or construction
of the engine or through the negligence or fault of some other person, whose
duty it was to keep the boat in proper condition or in a proper state of repair
or adjustment, as the case may be, and could not have been prevented by the
exercise of reasonable diligence and care on the part of such person in charge
of the boat.
(2) If
any person acts in contravention of any of the provisions of this Regulation,
he or she shall be liable to a fine not exceeding £100.[63]
(3) In
this Regulation, “boat engine” means an engine used for the
propulsion of a boat.
41
In this Part, “boat”
means every description of vessel used in navigation by whatever means
propelled.
PART 8
GENERAL
42
Any register required to be kept by
virtue of these Regulations shall be available for inspection by the public at
all reasonable hours.
43
Nothing in these Regulations shall
be deemed to apply to any boat belonging to Her Majesty or any department of Her
Majesty’s Government, or the States or any administration of the States.
44 Exemptions
The Minister may at his or her
absolute discretion exempt any person or thing from any of the provisions of
these Regulations subject to the conditions that the Minister thinks fit.
45
The power conferred on any
authority to suspend a licence under these Regulations may be exercised by the
Harbour Master, or by any person authorized by him or her to exercise such
power and where the Harbour Master or any such person suspends a licence, he or
she shall report the fact to that authority within 48 hours, which
authority shall consider the matter within 7 days of the receipt of the
report and the suspension shall remain in force until removed by that
authority.
46
These Regulations may be cited as
the Boats and Surf-Riding (Control) (Jersey) Regulations 1969.