Control of Hire Craft Act
Act 4 of 1967
- Commenced on 1 April 1973
- [This is the version of this document at 30 June 2012 and includes any amendments published up to 30 June 2014.]
1. Short titleThis Act may be cited as the Control of Hire Craft Act.
2. DefinitionIn this Act, unless the context otherwise requires—"approved" means approved by the Harbour Master;"hire craft" means a boat let out for hire for fishing as a sport or for pleasure purposes only and includes the hiring of any craft or part thereof,"Licensing Authority" means the Licensing Authority established by section 3 of the Licences Act;"schedule" means the schedule to the Act;"surveyor" means the Harbour Master or a person or persons appointed by the Harbour Master for the purposes of a survey to be carried out under the provisions of this Act.
3. Application for a licenceThe owner of a boat desiring to use such boat as a hire craft shall apply to the Licensing Authority for a licence in the manner provided under the Licences Act*.
4. Survey following application for a licenceA boat in respect of which an application for a licence to operate it as a hire craft has been made shall, before the grant of the licence, be surveyed to the satisfaction of the Harbour Master.
5. Requirements and equipmentA hire craft must at all times satisfy the requirements and carry the equipment set out in the schedule.
6. Load line and maximum number of passengersA hire craft shall be marked with a load line below which the boat shall not be loaded, and the maximum number o passengers which the boat may carry shall be decided upon by the surveyor.
7. Report of surveyorThe surveyor shall report as to—
8. Issue of licenceThe licence in respect of a boat shall be issued by the Licensing Authority under the Licences Act.
9. Additional conditionsThe Licensing Authority may add such conditions to the licence as to it may seem fitto ensure compliance with the objects and provisions of this Act. Without prejudice to the generality of the foregoing power such conditions may provide for—
10. Contents of licenceThe licence shall state the name of the owner, a description of the boat, the position of its load line, the maximum number of passengers allowed and the number allotted to the boat by the Licensing Authority and such additional conditions as may have been imposed by the Licensing Authority.
11. Prohibition as to use of hire craft without licence or contrary to licenceNo person shall use a boat or cause or permit a boat to be used as a hire craft without a licence issued by the Licensing Authority under the Licences Act or otherwise than in strict compliance with the terms and conditions of such licence.
12. Markings on hire craftAll hirecraft shall have the letters "HC" followed by their allotted number painted on their bows conspicuously in letters and figures 4 inches high and 2 inches wide.
13. Annual surveysIn addition to the survey carried out under section 4 all hire craft shall be surveyed once in every calendar year.
14. Occasional surveysThe Harbour Master may order a survey of any hire craft to be made whenever he deems it fit so to order. The Harbour Master shall order a survey to be made of a hire craft if such hire craft has had an engine breakdown or has been involved in a collision or an accident.
15. Annual and occasional surveys by whom and how carried outA survey made under the provisions of section 13 or section 14 occasional surveys may be carried out by one or more surveyors as the Harbour Master may by whom and how decide and shall relate to all the requirements set out in sections 5, 6 and 7.
16. Cancellation of licenceThe Licensing Authority may cancel the licence issued in respect of any hire craft
17. Inspection of hire craftIt shall be lawful for the Harbour Master and any member of the Harbour Master's department or for any person delegated by the Harbour Master to inspect any hire craft and to require the production of its licence.
18. Registration of coxswain and mechanics
19. Only registered coxswains and mechanics to be employedNo person other than registered coxswains and registered mechanics shall be employed in hire craft as coxswains and mechanics respectively.
20. Change of ownershipThe owner of a hire craft who sells such hire craft shall, within forty-eight hours of its sale, notify the Harbour Master and the Licencing Authority of the change in its ownership.
21. Report on departure and returnPrior to leaving on any trip from Mahe, Praslin or LaDigue the coxswain in charge of a hire craft shall report to the Harbour Master or other member of the Port department then on duty or to the nearest police station giving the proposed itinerary and duration of the voyage. The return of the hire craft from the trip shall be reported in the same way.
22. Port Officer may prohibit sailingIt shall be lawful for the Harbour Master to prohibit the sailing of any hire craft, on the grounds that in his opinion the voyage or the hire craft is unsafe.
23. Offences by owner, etc.
24. RegulationsThe Minister may make regulations to carry out the objects and provisions of this Act and, without prejudice to the generality of the foregoing power, such regulations may—
History of this document
01 April 1973