S.L. 499.52 Art. 48Power of the enforcement officer to seize a small ship etc.

(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.