Ports Ordinance [New Version], 5731-1971

The Minister may make Regulations —

Where the port manager considers it necessary to measure a vessel in order to ascertain its tonnage for the purpose of assessing port fees, the measurement shall be carried out in the prescribed manner after the owner of the vessel has paid a measurement fee as prescribed.

A port manager shall not permit a vessel to leave the port unless he is satisfied that port fees, customs duties, quarantine dues and other payments in respect of the vessel or goods aboard it have been paid, or that security for their payment has been given, and he may refuse to permit goods in respect of which such payments are due to be removed from the port area before he is satisfied that payment has been made or that security for payment has been given.

Where an authorised officer has notified the customs officer whose function it is to issue a clearance certificate to a vessel that port fees or other payments in the amount specified in the notice have not been paid in respect of the vessel or the goods on board it, the customs officer shall not issue a clearance certificate to the vessel unless satisfied that the amount has been paid or that security for its payment has been given.

The following are liable to imprisonment for three months or a fine, and for a second or subsequent offence — imprisonment for six months or a fine as referred to in section 61(a)(2) of the Penal Law, 5737-1977:

The master of a vessel who takes the vessel out of a port without first obtaining written authorisation from the port manager to do so is liable to a fine, in addition to any payment referred to in section 40. Where the master of a vessel takes the vessel out of the port in order to evade any payment referred to in section 40 and has not given security for payment, he is liable to imprisonment for one year or a fine, in addition to any such payment.

A person who removes, without the authorisation of an authorised officer, goods in respect of which port fees or other payments lawfully due have not been paid and in respect of which security for payment has not been given, or who evades payment of fees or payments as aforesaid, is liable to imprisonment for one year or a fine, in addition to the fees and payments aforesaid.

A person who acts as a pilot without a licence and a person who refuses to comply with or omits to comply with a requirement prescribed in relation to pilots is liable to imprisonment for one year or a fine.

A person who contravenes a provision of this Ordinance for which no penalty is prescribed, or who contravenes a provision of Regulations made thereunder, is liable to imprisonment for six months or a fine as referred to in section 61(a)(2) of the Penal Law, 5737-1977, and for a second or subsequent offence — imprisonment for one year or double the said fine.

Where goods imported into a port, or exported or about to be exported therefrom, are found to have their weight, quantity or description understated, or not accurately stated, in a document submitted to a port officer for the purpose of determining the port fees due in respect of the goods, the owner of the goods shall be liable to pay to the port manager such amount as the port manager shall determine, not exceeding double the correct fees in respect of the full weight or quantity of the said consignment of goods, and the amount shall be recoverable as if it were a debt due to the State.

Where a person has been convicted of an offence under this Ordinance, the court may revoke any licence granted to him thereunder, and having done so, the Ports Superintendent may revoke any licence granted in respect of the vessel in relation to which the offence was committed.

In this Chapter —

"jet ski" — a vessel propelled by a water-jet engine, capable of carrying up to three persons, which is operated by riding or standing and is steered by means of a handlebar;

"Economy Committee" — the Economy Committee of the Knesset;

"Arrests Law" — the Criminal Procedure Law (Enforcement Powers — Arrests), 5756-1996;

"Shipping Law" — the Shipping (Seafarers) Law, 5733-1973;

"Penal Law" — the Penal Law, 5737-1977;

"person performing a function on a vessel" — a person actually navigating the vessel, a pilot present on the vessel in the course of his duties, and any person performing a function on the vessel who is required to be on it at the time of its navigation as a condition for its fitness to navigate and for its navigation under any law, including a passenger on a jet ski at the time of its navigation;

"intoxicating drink" — within the meaning of section 59d(l);

"dangerous drug" — as defined in section 64b of the Traffic Ordinance [New Version];

"police officer" — a police officer of the rank of inspector or above;

"navigation licence" — a certificate issued to a vessel attesting to its fitness to navigate, in accordance with provisions made pursuant to section 60;

"licensing authority" — the national superintendent of small vessels at the Shipping and Ports Authority in the Ministry of Transport and Road Safety;

"intoxicated" — any of the following:

"maritime accident" — any of the following:

"serious maritime accident" — any of the following:

"certification certificate" — a certificate of competence to practise a maritime profession or to perform a function on a vessel issued pursuant to the Shipping Law;

"navigator's certificate" — a certificate issued in accordance with provisions made pursuant to the Shipping Law to a person navigating a vessel of up to 36 metres in length or to a person responsible for the engines of such a vessel.

A person performing a function on a vessel shall not perform his function while intoxicated.

"medical professional" — as defined in the Body Search Law;

"Body Search Law" — the Criminal Procedure Law (Enforcement Powers – Body Search and Taking of Identification Means), 5756-1996.

A person who performs a function on a vessel while intoxicated, in contravention of the provisions of section 59b, is liable to imprisonment for three years or a fine as referred to in section 61(a)(3) of the Penal Law, or both.

A person convicted of an offence under section 59f, provided that an indictment was filed against him in respect of that offence, is liable — in addition to any other penalty imposed by the court — to disqualification from receiving or holding a navigator's certificate or a certification certificate for a period of not less than two years, and if he has already been convicted of such an offence in the year preceding that offence — disqualification for a period of not less than four years; however, the court, in special circumstances to be detailed in the judgment, may order disqualification for a shorter period.

Where a court has imposed a disqualification or a conditional disqualification from obtaining or holding a navigator's certificate or a certification certificate as referred to in section 59g or 59h, as the case may be, it shall impose such disqualification in respect of the performance of any function on a vessel of any type whatsoever; however, the court may, in special circumstances to be detailed in the judgment, direct that the disqualification shall not apply in respect of the performance of a particular function or in respect of a particular type of vessel.

Where the Attorney General or his representative, or a police officer, is satisfied that there is sufficient ground to charge the holder of a navigator's certificate or a certification certificate with an offence under section 59f, and has submitted to the court competent to try that offence an application to disqualify the holder of the certificate from holding it, the court may disqualify such person from holding the certificate until a judgment is given in the matter or until the disqualification is cancelled pursuant to this Chapter.

The court competent to try the offence on account of which the navigator's certificate or certification certificate was disqualified pursuant to section 59n may, after hearing the Attorney General or his representative or a police officer, or the person who was disqualified, cancel the disqualification, with or without conditions, if satisfied that the cancellation of the disqualification will not prejudice public safety, and may extend the disqualification until a judgment is given in the matter.

A decision of a court pursuant to this Chapter is subject to review and appeal in the manner prescribed in the Detention Law in respect of an order given on an application for release on bail, as if it were such an order; a judge reviewing such an application may uphold the previous decision, vary it or set it aside, or substitute another decision therefor that the said court would have been competent to give, or remit the matter to the said court for another decision to be given by it.

A person who has been notified that the person has been disqualified from obtaining or holding a navigator's certificate or a certification certificate as referred to in this Chapter, and who while the disqualification is in force performs a function on a vessel without a navigator's certificate or certification certificate, or a person who performs a function on a vessel in breach of conditions added to the person's certificate while those conditions are in force, is liable — to imprisonment of three years or to a fine as referred to in section 61(a)(3) of the Penal Law, 5737-1977, or to both penalties together.

Expenses for the transportation of the vessel to the port or lot where it is to be stationed during the use prohibition period pursuant to sections 59s and 59u, and for its stationing in the port or lot as aforesaid, at the rate determined pursuant to section 59s(b), shall be paid by the owner of the vessel, and the vessel may be detained until they are paid; the competent court may, upon an application submitted to it, give any direction it sees fit in the matters referred to in this section, provided that it has afforded an opportunity to any person likely to be prejudiced by its decision to present arguments.

An appeal may be brought against a decision of the court pursuant to sections 59t to 59v to the District Court, which shall hear the appeal by a single judge.

A navigation licence taken from the owner of a vessel pursuant to this Chapter shall be returned to the owner of the vessel upon the expiry of the period of the prohibition on use, or after the cancellation of the prohibition on use, or if the accused is acquitted of the offence under section 59f on account of which the notice of prohibition on use or the order of prohibition on use was given.