Boating Offences/ Penalties

[nsaykali]

hi, would just like to know where i could find a list of Maritime penalties and offences.

long story short, lastweekend i was navigating through unknown waters in sydney harbour, where i came across an 8 knot zone.... and didnt realise that it was also a no wash zone.

i slowed my boat to under 8 knots and was traveling at the same speed as the police vessel( they were in the middle of the channel i was on their starboard) and they pulled me up, did a quick checkup on safety and supposedly gave me a warning about the no wash zone,

1 week later i have a $500 fine in my letter box.

has anyone else been in this situation?

[Day's Fishin]

You will have the option of going to court and putting your case (good luck). The best thing you can do is send a letter into the appeals section stating your case again (good luck). It's like saying you were doing the same speed as a highway patrol car so why should you be penalised. Which ever way you go I think you will get sc-ew-d.

Regards Jeff

[nsaykali]

the speed was not the issue here, its the "no wash zone"

i was well under the 8 knot speed limit, but i was going just fast enough to have full control of my boat.

i have a 4.75 metre aluminium boat with a 50hp motor on the back.

last sunday afternoon the weather turned and was blowing a minimum of 15 knots,

if i was to do an any speed under 4 knots i wouldnt have total control of my boat

Edited September 20, 2010 by nsaykali

[Catchin Jack]

Not good mate, just another case of NSW Government revenue raising at its best.

You'd think they'd have something better to do like catching thieves stealing boats/trailers or things from boats etc.

Cheers,

Leo

[Evets]

Nsaykali,

The relevant section of the Marine Safety Act can be found Here.

You can go to court an explain your side of the story in that it would have been dangerous to travel any slower, you were in a an unfamiliar area and the weather made it difficult to control the boat. Have some evidence from the bureau of meteorology to support this. With this type of submission the magistrate will hopefully use some common scene and dismiss the charge. If s/he doesn't then you can make a section 10 (of the Crimes (Sentencing Procedure) Act 1999) submission to the magistrate inviting him to make a finding of guilt but with no convection.

There are other sections of the act that you could use to bolster your submission but I think that you get the gist of what I'm saying.

If it was me, I would definitely contest it, but then again I do legal stuff for a living.

Evets

[andrew399]

Your best bet is to send an email first, explain there must be a mistake as you were told you were getting a warning.

[Bentstik]

i slowed my boat to under 8 knots and was traveling at the same speed as the police vessel( they were in the middle of the channel i was on their starboard) and they pulled me up, did a quick checkup on safety and supposedly gave me a warning about the no wash zone,

1 week later i have a $500 fine in my letter box.

Did you see them writing anything down. Imagine that,1 policeman gives you the warning while the other one is writing your rego down. Not right is it I would fight it

Cheers

[nsaykali]

i have typed up a Statutory declaration and have records of the weather and included pictures of my boat.

sent a copy to the SDRO.

i will wait for the reply.

be careful guys.