S.L. 499.52 Art. 43No insurance policy.

(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.