S.L. 425.17 Art. 9Penalty point system for serious infringements.

(1) The Director shall be responsible for the administration of a penalty point system for serious offences and for such a purpose he shall maintain a register of all penalty points assigned to locally registered vessels and their masters, establishments and, or persons of Maltese citizenship, in accordance with these regulations.

(2) Penalty points shall be applied by the Director for any serious offence listed under Schedules I to III upon a conviction, or upon an admission according to regulation 8:

Provided that if in the course of one inspection, investigation or proceeding, two or more serious offences are detected, penalty points shall be assigned in respect of each serious offence up to a maximum of twelve (12) points for said inspection, investigation or proceeding.

(3) Penalty points shall be attributed according to regulation 10, and the resulting measures shall be applied by the Director according to regulation 11.

(4) Penalty points attributed against a fishing licence holder shall apply against a transferee of that fishing licence whenever such fishing licence is transferred under any title whatsoever, and the transferor shall inform the transferee of any applicable penalty points:

Provided that without prejudice to any right of action of the transferee against the transferor, no action shall lie against the Director for any failure of the transferor to notify the transferee of any penalty points as applicable at the moment of giving effect to the transfer according to law.

(5) Whenever a penalty point is applied against a holder of a fishing licence, the equivalent penalty points shall also apply against the registered master of the fishing vessel and, or any master de facto in command of the fishing vessel:

Provided that penalty points as applied against masters individually, shall apply against them independently of the fishing vessels they master, and they shall be deleted mutatis mutandis according to regulation 10(5): (FISHERIES AND AQUACULTURE)

Provided further that any provision of these regulations providing for the suspension of any licence, authorisation or permit, or the permanent withdrawal thereof, shall apply to the mutatis mutandis authorisation to be a master of any fishing vessel.

(6) The provisions of this regulation shall apply mutatis against the holder of an aquaculture permit and the owner of mutandis an aquaculture establishment.