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Section 95: Operating or being in charge of a pleasure craft with alcohol concentration above prescribed limit

Tourism Authority Act · PART VIII: LICENCE FOR SKIPPERS

consolidated text (as at 2016, amended since). juris shows the text as it was consolidated; it does not confirm that this is the law in force today.

95. Operating or being in charge of a pleasure craft with alcohol concentration above prescribed limit (1) Where a person— (a) operates or attempts to operate a pleasure craft, or an exempt pleasure craft, in a navigational area; or (b) is in charge of a pleasure craft, or an exempt pleasure craft, in a navigational area, after consuming so much alcohol that the proportion of it in his breath, blood or urine exceeds the prescribed limit, he shall commit an offence. (2) (a) A person convicted of an offence under this section shall be liable to a fine of not less than 5,000 rupees and not exceeding 50,000 rupees and to imprisonment for a term not exceeding one year. (b) In the case of a second or subsequent conviction, the offender under subsection (1) shall be liable to a fine of not less than 10,000 rupees and not exceeding 100,000 rupees and to imprisonment for a term not exceeding 2 years. (3) Part X of the Criminal Procedure Act, the Probation of Offenders Act and the Community Service Order Act shall not apply to a person liable to be sentenced under subsection (1). [S. 95 amended by s. 29 (b) of Act 38 of 2011 w.e.f. 15 December 2011.]

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