QU OF NT AT A FE RU

BERMUDA

2006 : 29

WHEREAS it is expedient to enact the Marine Offences Procedure Act 2006; Be it enacted by The Queen’s Most Excellent Majesty, by and with the advice and consent of the Senate and the House of Assembly of Bermuda, and by the authority of the same, as follows:

Short title

1 This Act may be cited as the Marine Offences Procedure Act 2006.

Interpretation

2 In this Act—

“court” means a court of summary jurisdiction; “marine offence” means an offence under a provision of an Act, regulation or municipal ordinance specified in the Schedule. “Minister” means the Minister responsible for justice; “officer” means a police officer, a coast guard unit person, an officer of the Department of Marine and Ports Services who is authorized under section 87 of the Marine and Ports Services Act 2021 to prosecute offences against that Act or a person who, under section 2 of the Fisheries Act 1972, is a fisheries inspector; “ticket” means a ticket issued under this Act; [Section 2 "Minister" amended by BR 5 / 2011 para. 5 effective 25 February 2011; Section 2 definition "officer" amended by 2021 : 8 s. 98(1) effective 23 January 2023]

3. Authorization of ticketing

(1) Without prejudice to the procedure set out in the Criminal Jurisdiction and Procedure Act 2015 for laying an information and for issuing a summons, an information may be laid and a summons issued for a marine offence by means of a ticket in accordance with this Act.

(2) For greater certainty, subsection (1) applies despite section 84 of the Marine and Ports Services Act 2021. [Section 3 subsection (1) amended by 2015 : 38 s. 91 effective 6 November 2015; Section 3 subsection

(2) amended by 2021 : 8 s. 98(1) effective 23 January 2023]

4. Form of ticket

(1) A ticket shall, subject to this Act, be in the same form as that prescribed by regulations made under the Traffic Offences Procedure Act 1974 and shall consist of three parts, an information, a summons and a record of conviction.

(2) The use on a ticket of any word or expression in the Schedule describing the offence, or any word or expression substantially to the same effect, in relation to a marine offence is sufficient for all purposes in connection with proceedings for that offence to describe the offence.

Issue of ticket

5 If an officer has reasonable cause to suspect that a person has committed a marine offence, the officer may issue a ticket under this Act to that person by delivering to, or serving on, the person the summons part of the ticket in accordance with section 6.

6. Summons

(1) An officer who issues a ticket shall, upon completing and signing the summons part of the ticket, either deliver the summons part to the person charged with the marine offence in respect of which the ticket is issued or serve it on that person by sending it by registered mail to the person’s last known address.

(2) Unless the contrary is shown, the date of service of a summons served by registered mail is the fourteenth day after it was sent to the address referred to in subsection (1).

(3) Where the summons part is delivered to the person charged, the officer shall request the person charged with the marine offence to sign the ticket in the place provided for it and the person’s signature shall be sufficient proof that the person has received the summons.

(4) A person charged with a marine offence who refuses without reasonable excuse to accept delivery of the summons part of a ticket under subsection (1) commits an offence: Punishment on summary conviction: a fine of $100.

7. Payment of penalty out of court

(1) An officer who issues a ticket in respect of a marine offence may enter on the summons part of the ticket the amount of any penalty specified in the Schedule for that offence, in which case the officer shall endorse on the back of the summons part of the ticket a notice that the person to whom the summons is directed may, within seven days after delivery or service of the summons as the case may be, pay out of court the specified penalty.

(2) Where a summons is endorsed under subsection (1), it shall provide for a plea of guilty in the following form— PLEA OF GUILTY I am aware that I have a right to a hearing in respect of the offence with which I am charged and that by signing this plea of guilty I am waiving my right to a hearing and my signature may result in a conviction against me without a hearing. I hereby plead guilty to the offence as charged and consent to be convicted of the offence in my absence.

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Signature of Defendant

(3) A signature affixed to the form of Plea of Guilty purporting to be that of the person to whom the summons is directed is prima facie proof that it is the signature of that person.

(4) Upon receipt of a summons duly signed with a plea of guilty and of the amount of the penalty specified in the summons, an officer of the court shall issue an official receipt for the amount of that penalty and shall place the summons before the court.

(5) The court shall formally convict the person charged of the marine offence specified in the summons and no further penalty may be imposed in respect of the offence.

(6) If a person charged with a marine offence does not plead guilty to the offence and pay the penalty specified in the summons, the person shall appear at the time and

place specified in the summons for the hearing of the charge, and, if they fail to appear, the court may proceed in accordance with section 3 of the Criminal Jurisdiction and Procedure Act 2015. [Section 7 subsection (6) amended by 2015 : 38 s. 91 effective 6 November 2015]

8. Information

(1) The information part of a ticket shall be—

(a) signed by the officer who issues the ticket;

(b) signed by the informant and sworn before a justice of the peace; and

(c) deposited with the court, together with the record of conviction part of the ticket.

(2) The information part of a ticket need not be sworn to before the summons

PART IS — delivered or served and the informant need not be the person who delivers or

serves the summons.

Amount of penalty

9 Nothing in this Act prevents the court from imposing any penalty authorized by law in respect of a marine offence if—

(a) no amount is entered on the summons; or

(b) the person charged does not plead guilty to the offence and pay the penalty specified in the summons.

Record of conviction

10 Where the court makes a conviction on a ticket information in respect of a marine offence, the court shall complete the record of conviction part of the ticket and an officer of the court shall cause a copy of it to be forwarded to the Commissioner of Police.

11. Amendment of Schedule

(1) The Minister may make regulations to amend the Schedule, including adding or deleting offences or changing the amounts of penalties specified for offences.

(2) An amount specified by regulations as the penalty for a marine offence shall not exceed the maximum amount, or be less than any minimum amount, established for the relevant offence by the enactment creating the offence.

(3) The negative resolution procedure shall apply to regulations made under this section.

SCHEDULE

OFFENCES AND PENALTIES

DESCRIPTION OF OFFENCE PROVISION PENALTY OF LAW Marine and Ports Services Act 2021

Securing a vessel to a navigation aid Section 25(b) $100 Boat plying for hire or reward without a Section 46(1) $200 licence Operating a boat plying for hire or Section 55 $200 transporting passengers for reward without a licence Dangerous operation of a boat and Section 91 $100 disobeying an order of a police officer to return to a mooring or dock Marine Board (Declaration of Speed Limits for Boats) (Mariners) Notice 2001

Navigating a boat within 100 metres of Regulation 2 $100 the shoreline in excess of 5 knots Navigating a boat within 100 metres of Regulation 2 $100 the shoreline and creating a wake Navigating a boat in Ferry Reach within 100Regulation 3(1) $100 metres of the shoreline in excess of 10 knots Navigating a boat in Ferry Reach within 100Regulation 3(1) $100 metres of the shoreline and creating a wake Marine Board (Diving) Regulations 1997

Failing to fly a diving flag Regulation 6(1) $100 Exceeding 5 knots within 100 metres of Regulation 6(3)(a) $150 a diving boat Failing to have regard to the safety of Regulation 6(3)(b) $150 persons taking part in a diving operation Marine Board (Navigation) (Ship Channels) (No.3) Regulations 1962

Failing to give way to a ship Regulation 8 $150 Anchoring in a channel Regulation 9 $100 Marine Board Safety Regulations 1993

Failing to carry required safety equipment Regulation 4 $100

Failing to carry required safety equipment Regulation 5 $150 Failing to carry required safety equipment Regulation 6 $150 Failing to carry required safety equipment Regulation 7 $200 Marine and Ports Authority (Berthing and Anchoring) Regulations 1967

Failing to keep a public landing clear Regulation 7 $100 Throwing rubbish into harbours or waters Regulation 9(b) $50 Marine and Ports Authority (Dumping) Regulations 1967

Depositing or discharging ballast, oil or Regulation 2 $200 rubbish into harbours or waters Marine and Ports Authority (Moorings) Regulations 1967

Putting down a mooring without a licence Regulation 2(1) $150 Mooring a boat to a mooring without a Regulation 2(2) $100 licence Failing to affix licence to a mooring buoy Regulation 4(5) $50 Failing to produce certificate for mooring Regulation 7 $50 licence within 7 days Marine and Ports Authority (Navigation) Regulations 1967

Failing to keep safe distance from a ship Regulation 3(a) $150 Allowing a boat to cross the bow of a ship Regulation 3(b) $150 within 300 feet Allowing a boat to come within 100 feet of Regulation 3(c) $150 a ship Failing to navigate a boat at a reasonable Regulation 4(a) $100 speed Failing to navigate at a safe distance from Regulation 4(b) $100 another boat Merchant Shipping (Distress Signals and Prevention of Collisions) Regulations

Failing to maintain a proper lookout Regulation 5(1) $100 (rule 5) Failing to proceed at a safe speed (rule 6) Regulation 5(1) $100 Failing to take action to avoid a collision Regulation 5(1) $100 (rule 8) Failing to keep out of the way of a vessel Regulation 5(1) $100 being overtaken (rule 13) Failing to alter course to avoid a collision Regulation 5(1) $100 (rule 14) Visibility of lights not sufficient (rule 22) Regulation 5(1) $100

Failing to display required lights – Regulation 5(1) $100 power-driven vessel (rule 23) Failing to display required lights – Regulation 5(1) $100 sailing vessel (rule 25) Failing to display required navigation Section 5(1) $100 lights – vessel at anchor (rule 30) Failing to give warning signal (rule 34) Section 5(1) $100 Power-craft Regulations 1960

Operating a power-craft over 6hp while Regulation 4(a) $100 under age 16 Operating a power-craft in a dangerous Regulation 4(b) $200 manner or at a dangerous speed Operating a power-craft without due care Regulation 4(e) $150 and attention Operating a power-craft without Regulation 4(f) $100 reasonable consideration for other persons Towing a water skier with less than two Regulation 5(1) $100 persons on board Towing a water skier during hours of Regulation 5(2)(a) $100 darkness Towing a water skier within 200 feet of Regulation 5(2)(b) $100 the foreshore Allowing a person under age 12 to operate Regulation 6(1) $100 a power-craft Failing to give name, address and registered Regulation 7 $100 number Operating a power-craft where certificate Regulation 10(2) $200 has been cancelled or suspended Registration of Boats Regulations 1990

Using, keeping or operating an Regulation 3(1)(a) $150 unregistered boat Allowing another person to use, keep or Regulation 3(1)(b) $150 operate an unregistered boat Failing to notify change of ownership Regulation 10(2)(a) $100 Failing to apply for re-registration Regulation 10(2)(b) $100 Failing to display registration number Regulation 12(1)(a) $50 Failing to display annual registration decal Regulation 12(1)(a) $50 Fisheries Regulations 2010

Taking, selling or purchasing fish other Regulation 15(1) $100 than for bait or human or animal consumption

Possession of tail of lobster separated Regulation 16(2) $100 from body Taking a lobster out of season or in Regulation 16(5) $100 contravention of conditions of licence Taking a lobster without a licence Regulation 16(6) $100 Possession, without a licence, of Regulation 16(7) $100 instrument capable of taking a lobster Taking or injuring a lobster by spear Regulation 22(5)(a) $100 fishing Spear fishing within one mile of the shore Regulation 22(5)(c) $100 Carrying a spear, harpoon or similar Regulation 22(9) $100 device in area where spear fishing is prohibited Possession of an aqua lung together with Regulation 22(10) $100 equipment for taking lobsters Fisheries (Protected Species) Order 1978

Taking fish of a protected species within Regulation 2 $100 the exclusive economic zone Hamilton (Barr’s Bay Park) Ordinance 1989

Leaving a boat at the waterside of Barr’s Article 4(g) $100 Bay Park Hamilton Boat Ordinance 1996

Berthing a boat alongside Hamilton docks Article 14(a) $100 without authorization Leaving a boat alongside Hamilton docks Article 14(d) $100 unattended Playing music while berthed alongside Article 14(l) $100 Hamilton docks Berthing a boat alongside Hamilton docks Article 14(m) $100 overnight without authorization [Schedule amended by 2021 : 8 s. 98(1) effective 23 January 2023]

[Assent Date: 24 July 2006]

[Operative Date: 24 July 2006]

[Amended by: BR 5 / 2011

2015 : 38

2021 : 8]