House outlines new penalties to curb lawlessness on the water
A new law which will see sailors who commit offences handed on-the-spot fines just like errant motorists was approved by MPs yesterday.
The Maritime Offences Procedure Act 2006 passed its second and third readings in the House of Assembly and will now go before the Senate.told members it was designed to cut paperwork for law enforcers and deliver punishments swiftly and efficiently.
He revealed that it takes maritime Police officers two hours each time they have to prepare a file for court. The Commissioner of Police, he said, does not believe this to be a good use of manpower when only small fines are handed out at Magistrates? Court as a result.
?There?s a perception by boat users that these officers have no teeth and any warnings issued can be ignored as they will not prosecute. That?s a reality, not a perception,? said the Minister.
The Act will give Police officers, Marine and Ports Services Officers and Fisheries Inspectors the power to issue tickets for a wide range of offences. The recipient will be able to pay within seven days without the need for the matter to go to court. Among the on-the-spot fines that could be issued are:
$200 for plying a boat for hire without a licence
$100 for navigating a boat within 100 metres of the shoreline in excess of five knots
$50 for throwing rubbish into the water
$100 for taking a lobster without a licence
Mr. Horton promised that the new legislation would bring ?an incredible increase in efficiency,? and warned that water users have been displaying ?a glaring disregard for the law?.
?It?s intended to show that the waterways are not to be treated any differently to the roadways when it comes to compliance with the laws,? added the Minister.
The United Bermuda Party backed the bill, although its MPs expressed some reservations. called for boat users to be tested and licensed in the same way as motorists. This, he said, would mean that repeat offenders could have their licence revoked.
?For those who have means ? and let?s face it, it?s known if you are a boat user that it?s a money pit ? you can afford to pay the fine. The offences are basically just an irritant as opposed to a deterrent,? he said.
Mr. Brunson welcomed the fact that the on-the-spot fines would reduce pressure on the court system but questioned whether the inevitably increased volume of tickets would have an impact on the processing system.complained about personal encounters with boaters who did not know the basic rules of the water in terms of giving way to other craft.
In particular he cited: ?Company boats with bikinis hanging off the side ? everybody?s got a beer in their hand and they don?t know where they?re going.?
He described the current fines for misbehaving on the water as ?conservative? and said that the penalties may have to be reviewed in future.
The also cited concerns about the ?paltry fines? ? drawing attention to the $50 penalty for throwing trash in the water.
?Get some teeth and put some muscle behind this legislation,? he told the Minister. said the Government did not want the new ?landmark legislation? to be draconian to begin with as to make the penalties too harsh would be to express a ?degree of contempt for the intelligence of the people?., questioned whether the fines would actually be paid. He asked: ?How effective is this really when it comes to enforcing it? The fact of the matter is that if people ignore them you might as well have never issued them. Do we have the manpower and the resources in place to make this work?? described the act as a ?tiptoe through the tulips?. She said many of the penalties were ?manifestly inadequate? and no more than a slight tap on the wrist for sailors.
Mr. Horton replied that those on the water in ?gross violation? of the laws would still be dealt with by the courts.
