New Boating Regulations , Signed Off On 27th March

[Geoff]

Sorry , I had the dates wrong , should be March , not May as shown in my origional post

There has been a lot dicussion & information floating around the web in the past week since the new reg's came into effect last Monday.

Thought a summary of the main items that are most likely to effect day to day boaters , as I understand them , may be of interest.

Epirb. All boats regardless of length traveling more than 2 nm off shore require a Epirb. A PLB is not an approved alternative.

Any boat with a 5.5hp or greater needs to be registered

New fines are in place & vary from 1 - 5 points. Each point = $110.00

Boat Wash Boats that create a wash in a no wash zone , the fine is 3 points , $330.00

Safety Equip. All passengers , crew etc need to be aware of the safety equip location , thats everything , not just the life jackets. There are fines if the people other than the Skipper are not aware of the S.E. location

Pls add any other items I may have missed

Geoff

Edited April 4, 2009 by Geoff

[glennmreid]

Thanks Geoff fot the update.

[pelican]

I think they should clearly put out a list of all updated clauses and rules and their intent / application so we all don't have to reread the whole legislation and interpret it. I haved noticed a few word changes that make a significant change in empasis of rule and surprise surprise they are now the ones with fines attached. These seem to be done to make them easier to apply the fine and get it to stick and not about safety itself. In the hands of a "bad mood day officer" or a minister who wants more revenue and directs hard line enforcement ( now does NSW need it!!! and do govt departments need to justify themselves and budgets ??) these slight changes and new rules with fines culd be a real nightmare. Of course applied with common sense and discretion they like all rules would be ok but who is allowed common sense and discretion ??

These rules really come home to roost in coronial inquiries, neglegience and manslaughter cases where it is letter of the law stuff with people in white wigs. Very nasty outcomes are possible from minor things.

Surprised teh BIA hasn't announced something regarding supply of boats and hatches and in regards to their members selling boats.

Another couple of things in the new laws I hadn't noticed before , not sure they are new - might be of interest to all those who have a hatch or are selling a boat with a hatch

Division 4 Requirements for hatches and exterior doors

90 Hatches and exterior doors—construction

(1) This clause applies to recreational vessels the hull construction of which commenced on or after 1 January 1991.

(2) The owner and operator of a vessel to which this clause applies must ensure that any hatch or exterior door on the vessel that can be used as a means of entering or leaving the vessel is capable of being opened from both the outside and the inside of the vessel.

(3) A person must not supply a vessel to which this clause applies to another person knowing that the vessel will be used, or is likely to be used, for recreational purposes unless any hatch or exterior door on the vessel that can be used as a means of entering or leaving the vessel is capable of being opened from both the outside and the inside of the vessel.

Maximum penalty: 50 penalty units.

91 Hatches and exterior doors—locking

The operator of a recreational vessel that is underway must ensure that any hatch or exterior door on the vessel that can be used as a means of entering or leaving the vessel is kept unlocked if it is reasonably practicable to do so.

Maximum penalty: 50 penalty units.

[jewgaffer]

I think they should clearly put out a list of all updated clauses and rules and their intent / application so we all don't have to reread the whole legislation and interpret it. I haved noticed a few word changes that make a significant change in empasis of rule and surprise surprise they are now the ones with fines attached

Pel Even when the new boating legislation is summarised, if it's anything like the fisheries brochures and the webb site etc we have trouble interpreting that.. Now that we have a direct link to the fisheries rules I can imagine there will be a lots of question asked about interpreting contradictory wording, spelling mistakes and ambuities.....

Here's a classic example in this topic ........ Safety Equip. All passengers , crew etc need to be aware of the safety equip location , thats everything , not just the life jackets. There are fines if the people other than the Skipper are not aware of the S.E. location

I might be reading into this too much but couldn't that mean that the skipper doesn't need to know where anything is in his boat is and might even be a registered kangaroo driving the boat along and only be prepared to pay the no licence fine at the inquiry kindly defended by the RSPCA supported by the koala bear lobby group as part of a lamington drive .....

Geoff my good mate, what is or was a PLB because with the cost of these eperbs I need to read the fine print in the PLB section if I can find it..

Cheers

jewgaffer

[Geoff]

Pel Even when the new boating legislation is summarised, if it's anything like the fisheries brochures and the webb site etc we have trouble interpreting that.. Now that we have a direct link to the fisheries rules I can imagine there will be a lots of question asked about interpreting contradictory wording, spelling mistakes and ambuities.....

Here's a classic example in this topic ........ Safety Equip. All passengers , crew etc need to be aware of the safety equip location , thats everything , not just the life jackets. There are fines if the people other than the Skipper are not aware of the S.E. location

I might be reading into this too much but couldn't that mean that the skipper doesn't need to know where anything is in his boat is and might even be a registered kangaroo driving the boat along and only be prepared to pay the no licence fine at the inquiry kindly defended by the RSPCA supported by the koala bear lobby group as part of a lamington drive .....

Geoff my good mate, what is or was a PLB because with the cost of these eperbs I need to read the fine print in the PLB section if I can find it..

Cheers

jewgaffer

Byron The clause about safety equip is to ensuse that all on board , not just the skipper , know where the gear is in case of an emergancy

PLB are personal "Epirbs" , ie the unit is carried on the indivadal not actually in the boat as part of the overall safety equipment.

Having a PLB is perhaps considered better than an Epirb as it is the person requiring rescue not the boat.

The main issue at this time is the Aust Std requires a battery life of 48 hours after actavation . PLB only have 24 hours.

There are some other aspects , not all PLB's float which is rather important.

There is a web site that covers Epirbs / PLB. It's not part of the MSB site. will see if I can relocate it

Geoff

Geoff

[Geoff]

Raiders , here is a bit more news for your interest ,

I spoke with Marintime about a grace period , the guy was a bit vague , i.e. there is nothing specific , it depends on the mood of the officer on the day & if you have all the other specified safety equip on board.

He did comment that if the Police pick you up , they play it by the book & there is a good chance a fine will be issued

As I am heading for Bermi later this week & proberly fishing 2 - 3 nm off shore. Being Easter hol's there is a good chance the inspectors will be out in force so decided to bite the bullet & order a Epirb.

Pick up the new unit tomorrow

Geoff