Section 117: Powers to stop pleasure craft

117. Powers to stop pleasure craft (1) (a) In addition to any other power conferred by this Act, an authorised officer may, upon showing his identification card, require any person operating a pleasure craft or an exempt pleasure craft in a navigational area— (i) to stop the pleasure craft or exempt pleasure craft, as the case may be; and (ii) keep the pleasure craft or exempt pleasure craft, as the case may be, stationary until authorised by the officer to proceed with his journey. (b) An authorised officer who produces his identification card, may— (i) require the person in charge of a pleasure craft or exempt pleasure craft, as the case may be, at sea or on a prescribed lake, [Issue 4] T11 – 60 Revised Laws of Mauritius reservoir or river to furnish his name and address and give any other particulars required as to his identification; (ii) require any person on board a pleasure craft or an exempt pleasure craft, as the case may be, to furnish his name and address and give any other particulars required as to his identification and give such information as in his power to give which may lead to the identification of the person in charge of the pleasure craft or exempt pleasure craft at sea or on a prescribed lake, reservoir or river or its owner; (iii) where the condition of a pleasure craft or exempt pleasure craft is such that danger is likely to be caused to the occupants or to members of the public, direct its removal forthwith from the navigational area, and prohibit its use until the defects have been remedied to the satisfaction of the Authority; (iv) where the pleasure craft or exempt pleasure craft, as the case may be, is, in his opinion, emitting smoke, fuel, oil or lubricant which is avoidable, serve a notice on the person in control of the pleasure craft or exempt pleasure craft, or the owner directing him to take the pleasure craft or exempt pleasure craft to an approved surveyor to be examined within such time as may be specified in the notice, and to take such remedial actions as may be imposed by the Authority within such time as may be specified by it; (v) operate or cause to be operated a pleasure craft or an exempt pleasure craft where necessary in the exercise of his duties, to investigate whether an offence is being committed in relation to the pleasure craft or exempt pleasure craft. (c) No authorised officer shall, unless he is the holder of a skipper’s licence of an appropriate class or such other licence as may be approved by the Authority, operate a pleasure craft in the exercise of any of the powers and duties conferred or imposed on him under this Act or regulations made under it. (2) Any person who fails to comply with a requirement or direction made under this section shall commit an offence and, shall, on conviction, be liable to a fine of not less than 3,000 rupees and not exceeding 25,000 rupees and to imprisonment for a term not exceeding 6 months. [S. 117 amended by s. 29 (b) of Act 38 of 2011 w.e.f. 15 December 2011.]