Federal Law on High Speed Small Vessels

Ata Atun, Clelia Theodolou, Other Committee Members

 

 

Foundation Agreement

Annex III, Attachment 11, Law 5

 

 

 

 

 

 

 

 

 

 

 Federal Law on High Speed Small Vessels

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

It is hereby provided as follows:

 

 

Short title.

 

1. This Law may be cited as the Federal Law on High Speed Small Vessels.

 

Interpretation.

 

2. In this Law, unless the context otherwise requires-

 

“buoyancy aid” means a life saving appliance of approved type by the Competent Authority that can be easily worn and fitted to the body of an adult or child.  The buoyancy aid is required to have adequate buoyancy for the weight of a person without the need to be inflated; it is required to have a distinctive colour to make it visible when in water;

 

“Competent Authority” means the Member;

 

 

 

"Court" means a court of competent jurisdiction;

 

“Directorate” means the Directorate of Maritime Affairs of the Department;

 

"Gazette" means the federal Official Gazette

 

“high speed small vessel” means a mechanically propelled vessel of a length not exceeding fifteen (15) metres, which can attain a speed of at least fifteen (15) knots;

 

“Jet ski” means a high speed small vessel which is propelled by an outboard engine or an inboard water jet propulsion system and which is capable of carrying one or more persons, in a sitting, standing or kneeling position on the vessel rather than inside the vessel;

 

“life-jacket” means a life saving appliance of approved type by the Competent Authority that can be easily worn and fitted to the body of an adult or child;  the life-jacket is required to have adequate buoyancy for the weight of a person without the need to be inflated;  it is required to have a distinctive colour to make it visible when in sea water and to be fitted with a whistle firmly secured by a cord;  the life-jacket is required to be capable of keeping the head of an exhausted or unconscious person out of the water;  life-jackets used in vessels performing night sailing are required to be fitted with a self activated life-jacket light;

 

“Member” means the member of the Presidential Council heading the Department having the responsibility for maritime affairs;

 

“object in tow” means any object which does not have its own independent mechanical energy, but which is towed by a high speed small vessel, and for the purposes of this Law, shall include also any person who is in tow by the vessel;

 

“operator” includes any person who operates a high speed small vessel at a specific time, and also any person who has the responsibility of handling the vessel while it is anchored at any place, whereas in the case of an object in tow, operator means the operator of the vessel by which such object is in tow;

 

“owner” means the natural or legal person in whose name a high speed small vessel is registered in accordance with the Federal Law on Merchant Shipping (Registration of Ships, Sales and Mortgages or any other legislation which amends or substitutes the same, whereas, in a case where a high speed small vessel constitutes the subject of an agreement or a hire-purchase or which is not yet registered as referred to above, owner means the person in whose possession the vessel is, by virtue of such agreement;

 

"police officer" means an officer of any rank of the police of the federal government or of the police of either of the constituent states.

 

 

PART I – OBLIGATIONS OF AN OWNER AND OF AN OPERATOR OF A HIGH SPEED SMALL VESSEL

 

Board on high speed small vessels.

 

 First Schedule.

 

3. (1) The owner of a high speed small vessel shall keep aboard his vessel copies of all the documents proving the ownership of the vessel, and shall also keep, at a conspicuous place of the vessel, a board displaying, in Greek, Turkish and English, the provisions of the First Schedule to this Law, and the rent payable in the case of a vessel which is offered for hire.

 

Second schedule

 

   (2) In case of a high speed small vessel being offered for hire, its owner shall be obliged to ascertain if the operator has adequate knowledge of the content of the second schedule.

 

 

Operator’s licence and learner’s licence of a high speed small vessel.

 

4.-(1) No person shall be entitled to be operator of a high speed small vessel, unless he possesses a licence to operate a high speed small vessel (hereinafter referred to as “operator’s licence”) or of a licence for a learner to operate a high speed small vessel (hereinafter referred to as "learner’s licence") issued by the Directorate.

 

           (2)       Foreigners and Cypriot citizens who are permanent residents abroad, shall not be required to be in possession of the licence referred to in the foregoing subsection, provided that they are in possession of a corresponding license or certificate which certifies their ability to operate high speed small vessels and which has been issued by a competent foreign authority:

 

           Provided that, persons who visit Cyprus temporarily for a period less than thirty (30) days and do not possess the above licence or certificate and they have completed their eighteenth (18) year of age, may operate a high speed small vessel of category B, provided that they have jointly signed the specified binding declaration with the owner of such vessel, stating that the owner has been assured of the knowledge of the visitor in relation to the matters specified by Regulations made by virtue of this Law.

 

           (3)       Persons who have completed their seventeenth (17) year of age may be furnished with a learner’s licence provided that they will always be accompanied by a person who is in possession of an operator’s licence.

 

Obligations of an operator of a high speed small vessel.

 

           5.-(1) The operator of a high speed small vessel shall, when on board the vessel, at all times (a) carry his operator’s licence and wear a life-jacket or a buoyancy aid, (b) make certain that any person either carried or in tow by the vessel wears a life-jacket or buoyancy aid, and (c) make certain that, when the vessel is in motion, none of the persons on board is at the gunwale or at any other part of the vessel other than on the seats which have been affixed by the constructor.

 

           (2)       The operator of a high speed small vessel shall exercise all possible diligence and care for the safety and convenience of other persons who may be either on board the vessel or in the sea or on the coast or on board other vessels, as well as shall ensure that no damage is caused to property which belongs to others.

 

           (3)       In case harm or damage is caused to any person or property, or in case of any other accident, the operator of the high speed small vessel which is involved in the accident or who has taken note of the accident, shall render all possible assistance, and, in consequence, he shall report the fact to the police authorities as soon as possible and, in any case, not later than twenty-four (24) hours.

 

Prohibition of operating a high speed small vessel without the owner’s consent.

 

           6.         It shall be prohibited for any person to operate a high speed small vessel without the consent of its owner, or, in case of hiring of the vessel, without the written consent of the owner or any other lawful authorisation.

 

 

PART II – OPERATING A HIGH SPEED SMALL VESSEL UNDER THE INFLUENCE OF ALCOHOLIC DRINKS.

 

Interpretation.

 

7.        In this Part, unless the context otherwise requires-

 

“apparatus” means any apparatus which is intended for the detection of a quantity or percentage of alcohol which is contained in the breath, in accordance with the standards specified by a decision of the Member ; 

 

“blood sample” means an adequate quantity of blood taken for a laboratory test;

 

“breath” means the air exhaled during the normal process of breathing;

 

“breath sample” means a quantity of breath which would be deemed adequate for conducting a preliminary or a final test;

 

“final test” means the test of a breath sample by an apparatus, for the detection of the accurate quantity or percentage of the alcohol contained therein and the supply of specific elements in connection with the existence of such a quantity or percentage of alcohol in the breath sample which is under test;

 

“hospital” means any public or private building wherein exclusively medical treatment  is provided;

 

“medical practitioner” means any person who is registered as a medical  practitioner  in  accordance with   the   provisions of any federal or any constituent state law regulating medical practitioners;

 

“offence” means any offence which is committed in contravention of the provisions of this Law, or any other law amending or substituting same, and of the regulations issued under these laws, and also in contravention of any Law regulating the protection of sea-bathers of either of the constituent states and of any law which amends or substitutes the same;

 

“preliminary test” means the test of a breath sample by an apparatus which indicates the existence or the non-existence of a quantity of alcohol therein, and which satisfies the standards prescribed by a decision of the Member;

 

“prescribed limit” means, as the case may be-

a)    39 microgrammes of alcohol in 100 millimetres of breath; or

b)    90 milligrammes of alcohol in 100 millilitres of blood;

 

“printed result” means the indication in respect of the quantity of the percentage of alcohol contained in the breath sample which has been tested, which is produced automatically from an apparatus and printed on paper or other material;

 

"standard" has the meaning assigned to this term by any Law regulating standardisation, accreditation and technical notification of either of the constituent states.

 

Operating a high speed small vessel, when the quantity of alcohol in the breath exceeds the prescribed test. 

 

8.        Any person who operates or attempts to operate a high speed small vessel at sea, after having consumed such a quantity of alcohol, in any form, that exceeds the prescribed limit in his breath or blood, or while being under the influence of narcotics or drugs, which diminish his ability to operate a high speed small vessel, shall be guilty of an offence.

 

Preliminary breath test.

 

9. – (1) In any case where a police officer has a reasonable suspicion that –

a)    in the blood of a person operating or attempting to operate a high speed small vessel at sea there is any quantity of alcohol, or that such person has committed an offence while the vessel was in motion; or

b)    a person who was operating or was attempting to operate any high speed small vessel at sea while there was any quantity of alcohol in his blood, and that alcohol is still contained in his blood; or

c)    a person who was operating or was attempting to operate any high speed small vessel at sea had committed an offence, while the vessel was in motion,

may, subject to compliance with the provisions of section 12, in the cases prescribed thereby, require of such person that he give a breath sample for preliminary test.

 

(2)       Irrespective of the existence of a reasonable suspicion, as referred to in subsection (1), a police officer may, subject to compliance with the provisions of section 12, in the cases prescribed thereby, require of any person who operates or attempts to operate a high speed small vessel at sea, that he give a breath sample for preliminary test.

 

(3)       In any case where an accident has occurred due to the presence of a high speed small vessel at sea, a police officer may require of any person, in respect of whom there exists reasonable cause to believe that he was operating or was attempting to operate the vessel at the time of the accident, that he give a breath sample for preliminary test, subject to compliance with the provisions of section 12, in the cases prescribed thereby.

 

(4)       A person may be required to give, by virtue of the provisions of subsections (1), (2) or (3), a breath sample, either at the place where it is so required or, if this is not possible, at the nearest Federal or constituent state police station.

 

(5)       Any person who, without reasonable cause, refuses or avoids to go to the specified police station, as provided in subsection (4), or refuses or avoids in any manner to give a breath sample when so required by virtue of the provisions of this section, shall be guilty of an offence.

 

(6)       A police officer may arrest any person without a Court warrant if such a person refuses or avoids in any manner to give a breath sample required of him by virtue of the provisions of this section and, so long as the police officer has reasonable suspicion that there exists alcohol in such person’s blood, but no person shall be arrested by virtue of the provisions of this subsection if such person is in hospital receiving medical treatment.

 

Final test of breath samples.

 

10.      Subject to compliance with the provisions of this section and of section 12 in the cases specified therein, any police officer may, for the purpose of investigating whether any person, whose breath sample has undergone a preliminary test, has committed an offence in contravention of the provisions of section 7, require of such a person that he give two breath samples for final test, such samples to be given at least ten minutes after the time when the first breath sample for the preliminary test was given:

 

            Provided that, after compliance with the provisions of section 12, in the cases prescribed thereby, if the person of whom a breath sample is required for final test, has suffered any injury, the breath sample may only be given with the consent of a medical practitioner:

 

           Provided further that, if the giving of a breath sample is not recommended for medical reasons and this is certified by a medical practitioner, any police officer, acting in accordance with the provisions of this subsection, may require, subject to the provisions of section 12, in the cases prescribed thereby, a blood sample from such a person for laboratory test in the same constituent state where the sample was taken.

 

(2)       The giving of a breath sample, in accordance with the provisions of subsection (1), shall be effected at the nearest place where there is the necessary technical equipment in the same constituent state where the sample was taken.

 

(3)       If at the final test of the two samples of breath given in accordance with the provisions of this section, the indications as regards the quantity of alcohol therein differ, the lowest indication shall be taken into consideration for the purposes of this Law.

 

(4)       Any person who, without a reasonable cause, refuses to comply with the provisions of subsections (1) and (2) shall be guilty of an offence.

 

(5)       In any case where a police officer requires of any person to give a breath sample by virtue of this section, he shall be obliged to draw the attention of such person to the fact that his refusal or avoidance to give the sample required from him may constitute a criminal offence.

 

 

Reasonable cause for refusing to give a breath sample.

 

11.-(1) For the purposes of subsection (5) of section 9 and of subsection (4) of section 10, a reasonable cause for which any person may refuse to give a breath sample shall be considered a reason which relates to medical reasons, and is so certified by a signed confirmation from a medical practitioner.  Such a confirmation shall be produced to the police officer at the time when a breath sample is required from such a person or, at the latest, within three days from that date, at the police station which is nearest to the residence of such person.

 

(2)       If the person who has refused or avoided to give a breath sample, in accordance with the provisions of subsection (1), is not able to produce the medical certification provided for in the above subsection within the prescribed time limit, it shall be presumed that such person has refused or avoided to give the breath sample required without a reasonable cause.

 

Protection of persons being in hospital for treatment.

 

12.–(1) It shall not be permitted to require the giving of a breath or blood sample for the purpose of this Law, by a person who is in hospital for treatment, unless the medical practitioner, in whose direct medical care he is, permits, subject to compliance with the provisions of subsection (2), the giving of the required sample, and on condition that the giving of the sample shall be effected in the hospital premises where such person is for treatment.

 

(2)       A medical practitioner, directly caring for the person required to give a breath or blood sample for the purposes of this Law, may refuse to allow the giving of the sample required, only if he considers that such a giving may affect adversely the therapeutic treatment or the health of such person.

 

(3)       A blood sample required by virtue of the provisions of paragraph (b) of subsection (1) of section 9, shall be given only with the consent of the person of whom it is required:

 

           Provided that, in a case where the person of whom a blood sample is required refuses or is unable, due to the condition of his health, to give his consent for such giving, a blood sample taken from a quantity of blood which was taken from such person for the needs of his medical observation may be used for laboratory testing, as long as this is certified by the medical practitioner directly caring for such person.

 

Proof of the quantity of alcohol contained in the breath or blood of an accused person.

 

13.-(1) For purposes of proving the quantity of alcohol contained in the breath or blood of a person accused of having contravened the provisions of section 8 of this Law, the quantity of alcohol contained in the breath or blood sample which has been given by such person in accordance with the provisions of this Law shall be taken into consideration and, for the purposes of the application of this Law, it shall be deemed that the quantity of alcohol contained in the breath or blood of the accused at the time when he was operating or was attempting to operate a high speed small vessel was not less than the quantity of alcohol contained in the breath or blood sample given by him.

 

(2)       The provisions of subsection (1) of this section shall not apply, if the accused proves-

a)    that he had consumed an alcoholic drink at a time subsequent to the time when he was operating or was attempting to operate a high speed small vessel at sea and prior to giving the breath or blood sample, and

b)    that, if he had not done so, the percentage of alcohol in his breath or blood would not have exceeded the prescribed limit.

 

(3)       Proof of the quantity of alcohol contained in a breath or a blood sample, in a criminal procedure for any offence committed in contravention of this Law, shall be-

a)    The printed result, which is automatically produced by an apparatus on which the final test of a sample is carried out, which is accompanied by a certification, made either on the printed result itself or otherwise and signed by a police officer, verifying that the printed result concerns the breath sample given by the accused on the date and time written thereon; or

b)    a certificate signed by a chemist who is employed at the General Chemical Laboratory of either constituent state, in connection with the percentage of alcohol which was found during the laboratory test of the blood sample specified in the certificate.

 

     (4)  Every document which constitutes the printed result or the certificate or both, namely the result and the certificate, which are referred to in paragraph (a) of subsection (3), shall be accepted in Court as evidence for the prosecuting authority, without the personal attendance in Court of the person who tested the breath sample and of the police officer who signed such documents being necessary, unless the Court orders otherwise:

 

     Provided that, the Court may refuse to accept as evidence any certificate or any other document produced as a certificate, so long as the accused serves on the Court and the prosecuting authority a notice, at least three days before the date of the hearing of the case or within the time limit which the Court in special cases may direct, requiring the personal attendance in Court of the person who signed or purported to have signed the certificate or other document.

 

Offences and penalties.

 

14.      Any person who commits an offence by virtue of the provisions of subsection (1) of section 8, of subsection (5) of section 9 or of subsection (4) of section 10, shall, in case of conviction, be liable to imprisonment for a term not exceeding two years or to a fine not exceeding five thousand pounds or to both such sentences.

 

 

PART III – SAFETY AND MOVEMENT OF HIGH SPEED SMALL VESSELS – REGULATIONS

 

Permanent navigability and system of automatic interruption of operation.

 

15.-(1) Any high speed small vessel, being of a total length of up to six (6) metres, shall be so constructed or adapted so as to be practically unsinkable.

 

       (2) Any high speed small vessel shall be equipped with a system causing automatic interruption of the operation of the engine, which, when the vessel is in motion, must be connected with the operator, so that in case the operator moves away from the vessel, the operation of the engine shall be automatically interrupted.

 

 

Movement of high speed small vessels.

 

16.      Without prejudice to the provisions of any Law regulating the protection of sea-bathers of either of the constituent states or of any other law which amends or substitutes these laws, in a case where a high speed small vessel is in an area which is not specified for sea-bathers but is usually used by sea-bathers, the operator shall enter and depart from the area with extreme caution and at the lowest possible speed.

 

Prohibition of boarding or interference with a high speed small vessel.

 

17.      It shall be prohibited for any person, without lawful authorisation or reasonable cause, to go on board a high speed small vessel, or on any object towed by it, or to interfere with the functioning of any of the parts of its mechanism.

 

Regulations.

 

18.-(1) The Presidential Council may make Regulations published in the Gazette for the better carrying into effect of the provisions of this Law.

 

      (2)  Without prejudice to the generality of subsection (1), such Regulations may regulate all or some of the following matters:

 

a)    (i)        The classification into categories, marking, construction, dimensions, weight and designs of high speed small vessels, accessories, apparatus and other constituents or annexes thereof, as well as objects in tow, life saving and fire extinguishing appliances, first aid material and generally the conditions of their maintenance and usage;

 

 (ii)      Issuance of a circulation licence of a high speed small vessel, and the conditions for its grant, renewal, replacement and revocation, as well as the relevant fees;

 

b)    The number and age of the persons who may be on any high speed small vessel, as well as their behaviour and duties;

 

c)    (i)  The granting and the form of an operator’s or a learner’s licence, the relevant fees payable, the minimum age allowed and the necessary requirements for acquiring an operator’s or learner’s licence, and everything relevant to the production and marking of the operator’s and learner’s licences;

 

 

(ii)  The conduct of the examinations for obtaining a user΄s licence and the setting of the subjects thereof, the assignment by the Competent Authority of the conduct of such examinations to natural persons or public or private entities and the criteria for such assignment, as well as the appointment and qualification of the examiners, the participation in such examinations and other matters related to the examinations;

 

d)    The inspection of high speed small vessels and towed objects, the time and place of inspection and the fees payable therefor, as well as the appointment, qualifications, powers and duties of those persons competent to carry out inspections;

 

 

e)    The prohibition or the restriction of excessive noise caused by high speed small vessels;

 

f)     The removal of any high speed small vessel which may be either anchored or abandoned unlawfully and dangerously or in a manner which hinders the movement of other vessels;

 

g)    (i)  The prescribing of the maximum distance from the coasts and the maximum speed regarding the movement of any class of high speed small vessels; (ii)  The notification of the departure of high speed small vessels;

 

h)   All the matters requiring or being capable of regulation under this Law.

 

i)     The prescribing of sentences of imprisonment for a period not exceeding two years or of fines not exceeding five thousand pounds or of both such sentences for the contravention of any of the Regulations issued under this Law.

j)      The keeping of a diary by the owners of high speed small vessels in relation to particulars relating to the hire of the vessels and the keeping of copies of operators´ licences of such vessels.

 

k)    The determination of periods of time during which the use of any kind or category of high speed small vessels is forbidden.

 

Regulations set out in the Annex.

 

19.-(1)  The Regulations set out in the Annex shall be deemed to be Regulations made under section 18.

 

     (2)  The Presidential Council may, at any time, amend, repeal or substitute, in whole or in part, the Regulations set out in the Annex hereto.

 

 

PART IV – OFFENCES AND PENALTIES

 

Offences.

 

       20.           Any person who contravenes or fails to comply with any provision of this Law where no specific penalty is provided in this Law, shall be guilty of an offence and, in case of conviction, shall be liable to imprisonment for a term not exceeding two years or to a fine not exceeding five thousand pounds or to both such sentences.

 

Concurring responsibility of owner of a speed boat.

 

           21.      Where a high speed small vessel is being used or operated with the approval, express or implied, of the owner, in such a manner that its use or operation constitutes an offence under the provisions of this Law or of the Regulations made thereunder or of any law which amends or substitutes the same, the owner of the vessel shall be deemed to be an accessory to the offence committed, and may be prosecuted as natural perpetrator and be punished accordingly, unless he proves in Court that he was ignorant of the committing of the offence and that the said offence was not due to any act or omission by him.

 

Supply of information.

 

22.      In any case where it is alleged that an offence, in relation to the use of a high speed small vessel, has been committed, or that the manner in which the vessel is being used is detrimental to the public order, or in any other case where the identification of the operator’s identity is considered necessary-

 

a)    the owner of the high speed small vessel shall be obliged to furnish any information required to this effect by any police officer or the Directorate, in relation to the identity of the operator and of any other person using the high speed small vessel, and, if he fails to do so, shall be guilty of an offence, unless he proves in Court that he has no knowledge and did not succeed, despite making all reasonable effort, in finding out who has been using or has been operating the high speed small vessel; and

 

 

b)    any other person, who may possibly by called upon as aforesaid to furnish any information which he can give and which may possibly lead to the discovery of the identity of the operator or of any person who has been using a high speed small vessel, must furnish such information and, if he fails to do so, shall be guilty of an offence.

 

Issue of a licence or certificate under false particulars etc.

 

23.        Any person who, with a fraudulent intent, makes a declaration, written or oral, which is false or misleading, or conceals material particulars in order to procure the issue of a licence under this Law and the Regulations made hereunder or under any law which amends or substitutes the same, shall be guilty of an offence and, in case of conviction, shall be liable to imprisonment for a term not exceeding one year or to a fine not exceeding one thousand  pounds or to both such sentences.

 

Forging of documents etc.

 

24.      Any person who, fraudulently-

a)    forges, distorts or alters any licence or any other document issued under the provisions of this Law or the Regulations made hereunder; or

b)    uses or allows any other person to use a licence or other document which has been forged, distorted or altered; or

c)    grants to another person or receives from another person a licence or other document which has been forged or distorted or altered; or

d)    makes or has in his possession any document which resembles a licence or a document issued under the provisions of this Law or the Regulations made hereunder, to such an extent that such document may deceive as regards its true nature; or

e)    issues any licence, or other document, the issue of which is provided for by the provisions of this Law and the Regulations made hereunder, shall be guilty of an offence, and, in case of conviction,

shall be liable to imprisonment for a term not exceeding two  years or to a fine not exceeding five thousand  pounds or to both such sentences.

 

Additional powers of the Court.

 

25.-(1) The Court which imposes a sentence for any offence committed in contravention of the provisions of this Law or the Regulations made hereunder or of the provisions of any other law relevant to the operation of a high speed small vessel, shall have the right to deprive the convicted person of the ability to possess or acquire an operator’s or a learner’s licence for any period of time it may decide provided that such period of time shall not exceed two (2) years, after the convicted person has served his sentence in case he was convicted to imprisonment, or both to imprisonment and fine, or after the pronouncement of the conviction in case he was convicted only to a fine.

 

(2)       Any person who, by a Court order issued under subsection (1), has been deprived of the ability to possess or acquire an operator’s or learner’s licence, may appeal against such order, in the manner in which an appeal is made against any sentence and during the period in which the appeal shall remain pending, the Court shall have the right to stay the enforcement of such an order.

 

(3)       If the person who has been deprived of the ability to possess or acquire an operator’s or learner’s licence by a conviction or order issued under the provisions of this section possesses a licence, such a licence shall be suspended and shall have no effect during the period for which the inability has been imposed.

 

(4)       Together with the conviction of a person in respect of an offence committed in contravention of the provisions of this Law or of the Regulations made thereunder, the Court convicting the person shall have the right in every case, as well as the duty, in case where it issues an order depriving a person of the ability to possess or acquire an operator’s or learner’s licence, to order that the details relating to the conviction or the inability imposed be recorded on the licence possessed by such person.

 

 

Obtaining an operator’s or learner’s licence while the inability to possess such a licence continues.

 

26.-(1) Any person who, having been deprived of the ability to possess or acquire an operator’s licence under this Law, or under any other law which amends or substitutes the same, applies for an operator’s or learner’s licence or obtains an operator’s or learner’s licence or operates a high speed small vessel while the inability imposed on him continues, shall be guilty of an offence and, in case of conviction, shall be liable to imprisonment for a term not exceeding six  months or, if the Court deems that under special circumstances the imposition of only a fine is sufficient, to a fine not exceeding one thousand pounds or to both such sentences.

 

(2)       A licence issued as described in subsection (1) to any person who has been deprived of the ability to operate a high speed small vessel shall be of no effect.


FIRST SCHEDULE

(Section 3 (1))

 

“ATTENTION

 

The attention of the operator is drawn to the provisions of the Federal Law on High Speed Small Vessels and, in particular, to the following:

 

1.       The operation of a high speed small vessel without an operator’s licence is prohibited.

2.       The persons on board a high speed small vessel must be equipped with a life jacket or buoyancy aid and may occupy only the prescribed seats.

3.       The automatic switch off string of the engine must always be tied with the operator.

4.       The operation of a high speed small vessel in a manner which may endanger the life or the bodily integrity or the property of any person or in a manner which may cause nuisance is prohibited.

5.       Driving under the influence of alcoholic drinks or narcotics and psychotropic substances is prohibited.

6.       Driving in areas for sea-bathers is prohibited.”

 

 

SECOND SCHEDULE

 (Section 3 (2))

 

 

OBLIGATIONS OF A HIGH SPEED SMALL VESSEL OPERATOR

 

1.            He shall not smoke near the fuel tank.

2.            He shall make sure that the fuel tank is well fitted and contains adequate fuel.

3.            He shall make sure that the exhaust valve of the fuel tank is open.

4.            He shall make sure that the rubber tube supplying fuel is free from any hindrance and freely supplies the engine with fuel.

5.            He shall be familiar with the electric system of the engine.

6.            He shall know how to re-start the engine by using both the electric and the manual-operated system.

7.            He shall know how the engine is elevated or lowered, namely how to place such engine at sailing point and at the point of land or of avoiding obstacles.

8.            He shall have a very good knowledge of the use of the levers or lever for alternate sailing -ahead- still – astern.

9.            He shall have a very good knowledge of how to operate the system for fluctuating the revolutions of the engine or the velocity of the vessel.

10.         He shall have knowledge of how to pick-up a swimmer safely.

11.         He shall have knowledge of the correct way in which a life-jacket is worn.

12.         He shall have knowledge of the fact that in canals, corridors, entrances, as well as when the course of the vessel is in the opposite direction of the course followed by another vessel, he shall always sail on the right hand side, so far as it concerns him, of the corridor.

13.         He shall have knowledge of the facts that under any circumstances, he must take all possible measures, for avoiding collision with another vessel or for causing personal or other injury to swimmers, divers or to a person at sea in general.

14.         He shall have knowledge of that the flag “A” of the international alphabetical code of flags, and also the red square flag with the white diagonal strip, indicate that there is a diver in the area and that the vessels must keep a safe distance and to coast along at low speed.

15.         He shall have very good knowledge of the steering system of the vessel.