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Transport (Infringements) Amendment (Transport Safety Infringements) Regulations 2012

Legislation · Victoria · 2020
Authorised by the Chief Parliamentary Counsel Authorised Version i Transport (Infringements) Amendment (Transport Safety Infringements) Regulations 2012 S.R. No. 55/2012 TABLE OF PROVISIONS Regulation Page 1 Objective 1 2 Authorising provision 1 3 Commencement 1 4 Amendment of objectives 2 5 Authorising provisions—Transport (Infringements) Regulations 2010 2 6 Definitions 2 7 New regulation 9B inserted 3 9B Transport safety infringements 3 8 Infringement notices 3 9 New Schedule 5 inserted 4 SCHEDULE 5—Transport Safety Infringements 4 Offences Against Marine Safety Law 4 ═══════════════ ENDNOTES 28 -- 1 of 29 -- Authorised by the Chief Parliamentary Counsel Authorised Version 1 STATUTORY RULES 2012 S.R. No. 55/2012 Transport (Compliance and Miscellaneous) Act 1983 Transport (Infringements) Amendment (Transport Safety Infringements) Regulations 2012 The Governor in Council makes the following Regulations: Dated: 18 June 2012 Responsible Minister: DENIS NAPTHINE Minister for Ports YVETTE CARISBROOKE Acting Clerk of the Executive Council 1 Objective The objective of these Regulations is to amend the Transport (Infringements) Regulations 2010 to— (a) prescribe offences under marine safety law as transport safety infringements; and (b) prescribe penalties for those transport safety infringements. 2 Authorising provision These Regulations are made under section 228ZZPB of the Transport (Compliance and Miscellaneous) Act 1983. 3 Commencement These Regulations come into operation on 1 July 2012. -- 2 of 29 -- S.R. No. 55/2012 Transport (Infringements) Amendment (Transport Safety Infringements) Regulations 2012 2 Authorised by the Chief Parliamentary Counsel 4 Amendment of objectives After regulation 1(c) of the Transport (Infringements) Regulations 20101 insert— "(ca) prescribe port safety infringements and infringement penalties in respect of those infringements; (cb) prescribe transport safety infringements and infringement penalties in respect of those infringements;". 5 Authorising provisions—Transport (Infringements) Regulations 2010 In regulation 2 of the Transport (Infringements) Regulations 2010, for "sections 215 and 215G" substitute "sections 215, 215G and 228ZZPB". 6 Definitions (1) In regulation 5 of the Transport (Infringements) Regulations 2010, in the definition of infringement notice, after "transport infringement notice," insert "transport safety infringement notice,". (2) In regulation 5 of the Transport (Infringements) Regulations 2010 insert the following definition— "Notice means Notice No. 1 made under section 15(2) of the Marine Act 1988 published in Government Gazette Number G 26 on 2 July 1998 (pages 1706 to 1824) as amended from time to time; Note This Notice is taken to be waterway rules under section 342 of the Marine Safety Act 2010.". r. 4 -- 3 of 29 -- S.R. No. 55/2012 Transport (Infringements) Amendment (Transport Safety Infringements) Regulations 2012 3 Authorised by the Chief Parliamentary Counsel 7 New regulation 9B inserted After regulation 9A of the Transport (Infringements) Regulations 2010 insert— "9B Transport safety infringements (1) For the purposes of Subdivision 11A of Division 4B of Part VII of the Act, an offence set out in Column 2 of the Table in Schedule 5 is prescribed as a transport safety infringement. (2) For the purposes of section 228ZZPA of the Act, the amount prescribed for a transport safety infringement penalty is the amount set out in Column 4 of the Table in Schedule 5 opposite the corresponding prescribed offence set out in Column 2 of that Table. (3) A description of an offence set out in Column 3 of the Table in Schedule 5 opposite an offence set out in Column 2 of that Table is for convenience of reference only and does not affect the nature or elements of the offence to which such a description refers or the operation of these Regulations.". 8 Infringement notices For regulation 10(1)(c) of the Transport (Infringements) Regulations 2010 substitute— "(c) a safety work infringement; or (d) a port safety infringement; or (e) a transport safety infringement—". r. 7 -- 4 of 29 -- S.R. No. 55/2012 Transport (Infringements) Amendment (Transport Safety Infringements) Regulations 2012 4 Authorised by the Chief Parliamentary Counsel 9 New Schedule 5 inserted After Schedule 4 to the Transport (Infringements) Regulations 2010 insert— "__________________ SCHEDULE 5 Regulation 9B TRANSPORT SAFETY INFRINGEMENTS Offences Against Marine Safety Law Column 1 Item number Column 2 Prescribed offence Column 3 Short description of offence Column 4 Infringement penalty Column 5 Code Marine Safety Act 2010 1 s. 37(1) As owner, cause or allow an unregistered vessel or vessel not exempt from registration to be operated 5 penalty units 2252 2 s. 37(2) As master, operate an unregistered vessel or vessel not exempt from registration 5 penalty units 2251 3 s. 37(3) As owner or master, cause or allow operation of a vessel in breach of a condition of registration 2 penalty units 2253 r. 9 -- 5 of 29 -- S.R. No. 55/2012 Transport (Infringements) Amendment (Transport Safety Infringements) Regulations 2012 5 Authorised by the Chief Parliamentary Counsel Column 1 Item number Column 2 Prescribed offence Column 3 Short description of offence Column 4 Infringement penalty Column 5 Code 4 s. 46(1), s. 49(1) Act as master of a registered recreational or regulated hire and drive vessel without a marine licence 5 penalty units 5799 5 s. 46(2), s. 49(2) Operate a registered recreational vessel or regulated hire and drive vessel in breach of a condition of a marine licence 2 penalty units 5706 6 s. 47(1), s. 50(1) Act as master of a prescribed class or type of registered recreational vessel or regulated hire and drive vessel without a licence endorsement for that class or type of vessel 5 penalty units 5800 7 s. 47(2), s. 50(2) Operate a prescribed class or type of registered recreational vessel in breach of a condition of the licence endorsement for that class or type of vessel 2 penalty units 5707 r. 9 -- 6 of 29 -- S.R. No. 55/2012 Transport (Infringements) Amendment (Transport Safety Infringements) Regulations 2012 6 Authorised by the Chief Parliamentary Counsel Column 1 Item number Column 2 Prescribed offence Column 3 Short description of offence Column 4 Infringement penalty Column 5 Code 8 s. 59 Act as master of a registered recreational vessel in breach of a condition of a licence or certificate issued in another State or Territory or country 2 penalty units 5708 9 s. 61 Act as master of a registered recreational vessel without being in possession of a marine licence document 1 penalty unit 5709 10 s. 62(1) Being an owner of a commercially operated vessel, operate the vessel, or cause or allow the vessel to be operated, without a safe construction certificate 10 penalty units 5836 11 s. 62(2) Being master of a commercial vessel, operate the vessel, or cause or allow the vessel to be operated, without a safe construction certificate 5 penalty units 5837 r. 9 -- 7 of 29 -- S.R. No. 55/2012 Transport (Infringements) Amendment (Transport Safety Infringements) Regulations 2012 7 Authorised by the Chief Parliamentary Counsel Column 1 Item number Column 2 Prescribed offence Column 3 Short description of offence Column 4 Infringement penalty Column 5 Code 12 An offence against s. 63(1) constituted by a failure to comply with reg. 63(2)(a) of the Marine Safety Regulations 2012 in relation to a standard specified in regs 58(j), 59(b), 60(2)(f) or 61(2)(f) Breach prescribed condition of safe construction certificate by failing to ensure that vessel complies with prescribed safety equipment or life-saving appliances standards 10 penalty units 5807 13 An offence against s. 63(1) constituted by a failure to comply with Marine Safety Regulations 2012 reg. 63(2)(d) Breach prescribed condition of safe construction certificate by failing to ensure certificate is displayed 5 penalty units 5838 14 s. 67(1) Being an owner of a commercially operated vessel, operate the vessel, or cause or allow the vessel to be operated, without safe operation certificate 10 penalty units 5808 r. 9 -- 8 of 29 -- S.R. No. 55/2012 Transport (Infringements) Amendment (Transport Safety Infringements) Regulations 2012 8 Authorised by the Chief Parliamentary Counsel Column 1 Item number Column 2 Prescribed offence Column 3 Short description of offence Column 4 Infringement penalty Column 5 Code 15 s. 67(2) Being master of a commercial vessel, operate the vessel, or cause or allow the vessel to be operated, without safe operation certificate 5 penalty units 5809 16 s. 73(1) Employ or engage person to act as master or crew member on a commercial vessel if person does not have a certificate of competency 5 penalty units 2344 17 s. 73(2) Being an owner of a commercial vessel, cause or allow vessel to be operated when not crewed in accordance with the regulations 5 penalty units 2345 18 s. 74 Act as master or crew member on a commercial vessel without a certificate of competency 5 penalty units 2343 19 An offence against s. 197 constituted by a failure to comply with cl. 2(a) of the Notice Operate a vessel at a speed exceeding 5 knots within 50 metres of a person 2 penalty units 2257 r. 9 -- 9 of 29 -- S.R. No. 55/2012 Transport (Infringements) Amendment (Transport Safety Infringements) Regulations 2012 9 Authorised by the Chief Parliamentary Counsel Column 1 Item number Column 2 Prescribed offence Column 3 Short description of offence Column 4 Infringement penalty Column 5 Code 20 An offence against s. 197 constituted by a failure to comply with cl. 2(b) of the Notice Operate a vessel at a speed exceeding 5 knots within 100 metres of a dive flag 2 penalty units 2258 21 An offence against s. 197 constituted by a failure to comply with cl. 2(c) of the Notice Operate a vessel at a speed exceeding 5 knots within 50 metres of another vessel 2 penalty units 2259 22 An offence against s. 197 constituted by a failure to comply with cl. 3 of the Notice Operate a vessel at a speed exceeding 5 knots within 50 metres of the water's edge or a structure 2 penalty units 2261 23 An offence against s. 197 constituted by a failure to comply with cl. 4(a) of the Notice Operate a vessel at a speed exceeding 5 knots within 200 metres of the water's edge except in an access lane 2 penalty units 5793 24 An offence against s. 197 constituted by a failure to comply with cl. 4(b) of the Notice Operate a vessel at a speed exceeding 5 knots within 50 metres of a wharf or similar structure except in an access lane 2 penalty units 5794 r. 9 -- 10 of 29 -- S.R. No. 55/2012 Transport (Infringements) Amendment (Transport Safety Infringements) Regulations 2012 10 Authorised by the Chief Parliamentary Counsel Column 1 Item number Column 2 Prescribed offence Column 3 Short description of offence Column 4 Infringement penalty Column 5 Code 25 An offence against s. 197 constituted by a failure to comply with cl. 4(c) of the Notice Operate a vessel at a speed exceeding 5 knots when passing through an anchorage for small craft 2 penalty units 5795 26 An offence against s. 197 constituted by a failure to comply with cl. 6(1)(a) of the Notice Operate a vessel towing a water- skier at greater than 5 knots and depart from or return to the shore other than through an access lane 2 penalty units 5796 27 An offence against s. 197 constituted by a failure to comply with cl. 6(1)(b) of the Notice Engage in water- skiing at greater than 5 knots and depart from or return to the shore other than through an access lane 2 penalty units 5797 28 An offence against s. 197 constituted by a failure to comply with cl. 6(2) of the Notice Use an access lane other than for a purpose specified in cl. 6(2) of the Notice 2 penalty units 5798 29 An offence against s. 197 constituted by a failure to comply with cl. 6(3)(a) of the Notice Operate a vessel in an access lane at a speed greater than reasonably required 2 penalty units 5801 r. 9 -- 11 of 29 -- S.R. No. 55/2012 Transport (Infringements) Amendment (Transport Safety Infringements) Regulations 2012 11 Authorised by the Chief Parliamentary Counsel Column 1 Item number Column 2 Prescribed offence Column 3 Short description of offence Column 4 Infringement penalty Column 5 Code 30 An offence against s. 197 constituted by a failure to comply with cl. 6(3)(b) of the Notice Operate a vessel in an access lane and fail to remove or beach vessel and secure equipment 2 penalty units 5802 31 An offence against s. 197 constituted by a failure to comply with cl. 6(3)(c) of the Notice Operate a vessel in an access lane and fail to keep right or left as required 2 penalty units 5803 32 An offence against s. 197 constituted by a failure to comply with cl. 6(3)(d) of the Notice Operate a vessel in an access lane and fail to give way 2 penalty units 5804 33 An offence against s. 197 constituted by a failure to comply with cl. 7 of the Notice Operate a vessel at a speed exceeding the speed limit specified in the Notice for the area of water 2 penalty units 2264 34 An offence against s. 197 constituted by a failure to comply with cl. 8 of the Notice Enter prohibited area towing water-skier or when water- skiing 2 penalty units 2265 r. 9 -- 12 of 29 -- S.R. No. 55/2012 Transport (Infringements) Amendment (Transport Safety Infringements) Regulations 2012 12 Authorised by the Chief Parliamentary Counsel Column 1 Item number Column 2 Prescribed offence Column 3 Short description of offence Column 4 Infringement penalty Column 5 Code 35 An offence against s. 197 constituted by a failure to comply with cl. 9 of the Notice Operate a vessel in a prohibited area 2 penalty units 2266 36 An offence against s. 197 constituted by a failure to comply with cl. 10 of the Notice Operate a vessel with an engine in a prohibited area 2 penalty units 2267 37 An offence against s. 197 constituted by a failure to comply with cl. 11 of the Notice Fail to operate vessel in a manner which creates minimal or no wash in a no wash zone 2 penalty units 2268 38 An offence against s. 197 constituted by a failure to comply with cl. 12 of the Notice Operate a vessel or engage in an activity in a prohibited area of water 2 penalty units 2270 39 An offence against s. 197 constituted by a failure to comply with cl. 13 of the Notice Use waters contrary to conditions of use specified in the Notice 2 penalty units 2271 r. 9 -- 13 of 29 -- S.R. No. 55/2012 Transport (Infringements) Amendment (Transport Safety Infringements) Regulations 2012 13 Authorised by the Chief Parliamentary Counsel Column 1 Item number Column 2 Prescribed offence Column 3 Short description of offence Column 4 Infringement penalty Column 5 Code 40 An offence against s. 197 constituted by a failure to comply with cl. 14 of the Notice Operate a vessel with an engine in a direction other than as permitted by the Notice in inland waters 2 penalty units 2269 41 An offence against s. 197 constituted by a failure to comply with cl. 15 of the Notice Fail to give way to another vessel when departing from shore on a vessel with an engine 2 penalty units 2272 42 An offence against s. 197 constituted by a failure to comply with cl. 16 of the Notice Bathe within 50 metres of a launching ramp being used or about to be used or an access lane 2 penalty units 2298 43 An offence against s. 197 constituted by a failure to comply with cl. 17 of the Notice Operate a sailboard in contravention of cl. 17 of the Notice 2 penalty units 2260 44 An offence against s. 197 constituted by a failure to comply with cl. 19(b) of the Notice Operate a vessel towing more than 3 water-skiers 2 penalty units 5805 r. 9 -- 14 of 29 -- S.R. No. 55/2012 Transport (Infringements) Amendment (Transport Safety Infringements) Regulations 2012 14 Authorised by the Chief Parliamentary Counsel Column 1 Item number Column 2 Prescribed offence Column 3 Short description of offence Column 4 Infringement penalty Column 5 Code 45 An offence against s. 197 constituted by a failure to comply with cl. 19(c) of the Notice Operate a vessel towing a water- skier between one hour after sunset and one hour before sunrise 2 penalty units 5806 46 An offence against s. 197 constituted by a failure to comply with cl. 22 of the Notice Operate a recreational or hire and drive vessel engaged in diving operations without exhibiting a flag indicating diver below that complies with the Notice 2 penalty units 2300 47 An offence against s. 197 constituted by a failure to comply with cl. 23 of the Notice Engage in diving without a buoy or flag displayed that complies with the Notice 2 penalty units 2301 48 An offence against s. 197 constituted by a failure to comply with cl. 23A of the Notice Permit vessel to be moored or secured to navigation marker, beacon, buoy, pole or post 2 penalty units 2316 49 An offence against s. 197 constituted by a failure to comply with cl. 23B of the Notice Allow vessel to be anchored in a channel that is marked with beacons or buoys 2 penalty units 2317 r. 9 -- 15 of 29 -- S.R. No. 55/2012 Transport (Infringements) Amendment (Transport Safety Infringements) Regulations 2012 15 Authorised by the Chief Parliamentary Counsel Column 1 Item number Column 2 Prescribed offence Column 3 Short description of offence Column 4 Infringement penalty Column 5 Code Marine Safety Regulations 2012 50 reg. 24(2) As owner of a registered recreational vessel, fail to fix registration label on vessel in conspicuous position 1 penalty unit 2254 51 reg. 24(3) As owner of a registered recreational vessel that is not a personal watercraft, fail to ensure identification mark is painted or displayed in certain positions on vessel 2 penalty units 5810 52 reg. 24(5) As owner of a registered recreational vessel that is a personal watercraft, fail to ensure identification mark is painted or displayed in certain positions on vessel 2 penalty units 5811 53 reg. 24(7) Act as master of a registered vessel without identification mark displayed 2 penalty units 2255 r. 9 -- 16 of 29 -- S.R. No. 55/2012 Transport (Infringements) Amendment (Transport Safety Infringements) Regulations 2012 16 Authorised by the Chief Parliamentary Counsel Column 1 Item number Column 2 Prescribed offence Column 3 Short description of offence Column 4 Infringement penalty Column 5 Code 54 reg. 89 Fail to carry certificate of competency or certified copy of certificate while acting as master or crew member of commercial vessel 1 penalty unit 2346 55 reg. 91(1) As master of a recreational vessel or hire and drive vessel, permit vessel to be fuelled at a wharf, jetty or pier with passengers on board 2 penalty units 2289 56 reg. 91(2) As master of a recreational vessel or hire and drive vessel, permit recreational vessel or hire and drive vessel to be restarted after being fuelled at a wharf, jetty or pier with passengers on board 2 penalty units 5813 57 reg. 92(1) Act as master of an overloaded recreational vessel or hire and drive vessel 2 penalty units 2293 r. 9 -- 17 of 29 -- S.R. No. 55/2012 Transport (Infringements) Amendment (Transport Safety Infringements) Regulations 2012 17 Authorised by the Chief Parliamentary Counsel Column 1 Item number Column 2 Prescribed offence Column 3 Short description of offence Column 4 Infringement penalty Column 5 Code 58 reg. 93 Act as master of a recreational vessel or hire and drive vessel with overloaded flybridge 2 penalty units 5814 59 reg. 94(1) As master of a hire and drive vessel, permit vessel to go outside limits specified in safe operation certificate 2 penalty units 2326 60 reg. 95 As master of a vessel, tow a person without using an observer 2 penalty units 5812 61 reg. 96(1) Act as master of a recreational vessel in coastal waters if vessel is not equipped with sufficient quantity of particular items of equipment 1⋅25 penalty units 5756 (compasses) 5757 (buckets with lanyards) 5759 (red star parachute distress rockets) 5765 (dinghies or life rafts) 5753 (anchors, chains or lines) 5760 (hand- held orange smoke signals) r. 9 -- 18 of 29 -- S.R. No. 55/2012 Transport (Infringements) Amendment (Transport Safety Infringements) Regulations 2012 18 Authorised by the Chief Parliamentary Counsel Column 1 Item number Column 2 Prescribed offence Column 3 Short description of offence Column 4 Infringement penalty Column 5 Code 5761 (hand- held red distress flares) 5754 (electric or manual bilge pumping systems) 5755 (bailers) 5762 (oars, rowlocks or paddles) 5763 (waterproof buoyant torches) 5764 (lifebuoys) 62 reg. 96(2) Act as master of a recreational vessel in coastal waters if vessel is not equipped with sufficient quantity of particular items of equipment 2 penalty units 2340 (EPIRB) 5758 (marine radios) 5752 (personal flotation devices) 63 reg. 96(3) Act as master of a recreational vessel in enclosed waters if vessel is not equipped with sufficient quantity of particular items of equipment 1⋅25 penalty units 5753 (anchors, chains or lines) 5760 (hand- held orange smoke signals) 5761 (hand- held red distress flares) r. 9 -- 19 of 29 -- S.R. No. 55/2012 Transport (Infringements) Amendment (Transport Safety Infringements) Regulations 2012 19 Authorised by the Chief Parliamentary Counsel Column 1 Item number Column 2 Prescribed offence Column 3 Short description of offence Column 4 Infringement penalty Column 5 Code 5754 (electric or manual bilge pumping systems) 5755 (bailers) 5762 (oars, rowlocks or paddles) 5763 (waterproof buoyant torches) 5764 (lifebuoys) 64 reg. 96(4), reg. 96(6) Act as master of a recreational vessel in enclosed or inland waters if vessel is not equipped with sufficient quantity of particular items of equipment 2 penalty units 5752 (personal flotation devices) 65 reg. 96(5) Act as master of a recreational vessel in inland waters if vessel is not equipped with sufficient quantity of particular items of equipment 1⋅25 penalty units 5754 (electric or manual bilge pumping systems) 5755 (bailers) 5762 (oars, rowlocks or paddles) r. 9 -- 20 of 29 -- S.R. No. 55/2012 Transport (Infringements) Amendment (Transport Safety Infringements) Regulations 2012 20 Authorised by the Chief Parliamentary Counsel Column 1 Item number Column 2 Prescribed offence Column 3 Short description of offence Column 4 Infringement penalty Column 5 Code 5763 (waterproof buoyant torches) 5764 (lifebuoys) 66 reg. 97(1)(a) As master of a recreational vessel, fail to ensure that the vessel has the required number of portable fire extinguishers 1⋅25 penalty units 5766 67 reg. 97(1)(b) As master of a recreational vessel, fail to ensure that the vessel has a portable fire extinguisher that has the required minimum nominal capacity 1⋅25 penalty units 5767 68 reg. 98(3) As master of a recreational vessel, fail to keep portable fire extinguishers in separate positions on vessel 1⋅25 penalty units 5770 r. 9 -- 21 of 29 -- S.R. No. 55/2012 Transport (Infringements) Amendment (Transport Safety Infringements) Regulations 2012 21 Authorised by the Chief Parliamentary Counsel Column 1 Item number Column 2 Prescribed offence Column 3 Short description of offence Column 4 Infringement penalty Column 5 Code 69 reg. 99(2) Being owner of a recreational vessel, cause or allow vessel to be operated with required safety equipment that has not been maintained as required 1⋅25 penalty units 5768 70 reg. 99(3) Being owner of a recreational vessel, cause or allow vessel to be operated with required safety equipment that has not been serviced as required 1⋅25 penalty units 5769 71 reg. 100(1), reg. 100(2), reg. 100(3) Fail to wear required personal flotation device while in open area of recreational vessel or hire and drive vessel of 4⋅8 metres or less in length that is underway 2 penalty units 5771 r. 9 -- 22 of 29 -- S.R. No. 55/2012 Transport (Infringements) Amendment (Transport Safety Infringements) Regulations 2012 22 Authorised by the Chief Parliamentary Counsel Column 1 Item number Column 2 Prescribed offence Column 3 Short description of offence Column 4 Infringement penalty Column 5 Code 72 reg. 101(1) in any of the circumstances described in reg. 101(4)(a), (b), (c), (d) or (e) Fail to wear required personal flotation device while in open area of recreational vessel or hire and drive vessel of greater than 4⋅8 metres in length that is underway on coastal waters 2 penalty units 5815 73 reg. 101(2) in any of the circumstances described in reg. 101(4)(a), (b), (c), (d) or (e) Fail to wear required personal flotation device while in open area of recreational vessel or hire and drive vessel of greater than 4⋅8 metres in length that is underway on enclosed waters 2 penalty units 5816 74 reg. 101(3) in any of the circumstances described in reg. 101(4)(a), (b), (c), (d) or (e) Fail to wear required personal flotation device while in open area of recreational vessel or hire and drive vessel of greater than 4⋅8 metres in length that is underway on inland waters 2 penalty units 5817 r. 9 -- 23 of 29 -- S.R. No. 55/2012 Transport (Infringements) Amendment (Transport Safety Infringements) Regulations 2012 23 Authorised by the Chief Parliamentary Counsel Column 1 Item number Column 2 Prescribed offence Column 3 Short description of offence Column 4 Infringement penalty Column 5 Code 75 reg. 102(1), reg. 102(2), reg. 102(3) Fail to ensure that person under 10 years of age in open area of recreational vessel or hire and drive vessel underway wears required personal flotation device 2 penalty units 5772 76 reg. 103 Fail to wear required personal flotation device while being towed by vessel 2 penalty units 5773 77 reg. 104(1) As master of a recreational vessel or hire and drive vessel, cause or allow vessel to be operated when persons on board are not wearing required personal flotation devices 2 penalty units 5774 78 reg. 104(2) As master of a recreational vessel, cause or allow vessel to tow a person not wearing required personal flotation device 2 penalty units 5775 r. 9 -- 24 of 29 -- S.R. No. 55/2012 Transport (Infringements) Amendment (Transport Safety Infringements) Regulations 2012 24 Authorised by the Chief Parliamentary Counsel Column 1 Item number Column 2 Prescribed offence Column 3 Short description of offence Column 4 Infringement penalty Column 5 Code 79 reg. 110(1), reg. 110(2), reg. 110(3), reg. 110(4), reg. 110(5), reg. 110(6), reg. 110(7), reg. 110(8), reg. 110(9) As master, fail to ensure that vessel displays required navigation lights 2 penalty units 5818 80 reg. 111(1) As master, fail to ensure that vessel keeps to right of channel 2 penalty units 5819 81 reg. 111(2) As master, fail to ensure that vessel keeps out of the way of a vessel that can only safely navigate in a channel 2 penalty units 5820 82 reg. 112(1) As master of a power-driven vessel, fail to ensure vessel keeps out of the way 2 penalty units 5821 83 reg. 112(2) As master of a sailing vessel, fail to ensure vessel keeps out of the way 2 penalty units 5822 r. 9 -- 25 of 29 -- S.R. No. 55/2012 Transport (Infringements) Amendment (Transport Safety Infringements) Regulations 2012 25 Authorised by the Chief Parliamentary Counsel Column 1 Item number Column 2 Prescribed offence Column 3 Short description of offence Column 4 Infringement penalty Column 5 Code Port Services (Local Ports) Regulations 2004 84 reg. 206 As master, moor vessel in a prohibited mooring area 1 penalty unit 5823 85 reg. 207 As master, berth vessel in a prohibited berthing area 1 penalty unit 5824 86 reg. 208(1) As master, moor vessel in a regulated mooring area without an authority 1 penalty unit 5825 87 reg. 209(1) As master, berth vessel in a regulated berthing area without an authority 1 penalty unit 5826 88 reg. 210(1) As master, moor vessel in a regulated mooring area for a period exceeding the specified period 1 penalty unit 5827 89 reg. 210(2) As master, moor vessel in a regulated mooring area at a time other than the specified period 1 penalty unit 5828 r. 9 -- 26 of 29 -- S.R. No. 55/2012 Transport (Infringements) Amendment (Transport Safety Infringements) Regulations 2012 26 Authorised by the Chief Parliamentary Counsel Column 1 Item number Column 2 Prescribed offence Column 3 Short description of offence Column 4 Infringement penalty Column 5 Code 90 reg. 211(1) As master, berth vessel in a regulated berthing area for a period exceeding the specified period 1 penalty unit 5829 91 reg. 211(2) As master, berth vessel in a regulated berthing area at a time other than the specified period 1 penalty unit 5830 92 reg. 300(1) Install a mooring in a local port 1 penalty unit 5831 93 reg. 301(1) As master, allow vessel to be berthed or moored in unrestricted berthing or mooring area for a continuous period exceeding 48 hours without an authority 1 penalty unit 5832 94 reg. 400 Leave vehicle standing in a local port 1 penalty unit 5833 95 reg. 531(3) Fail to comply with direction that vessel be moved 1 penalty unit 5834 96 reg. 532(3) Fail to comply with direction that vehicle be moved 1 penalty unit 5835 r. 9 -- 27 of 29 -- S.R. No. 55/2012 Transport (Infringements) Amendment (Transport Safety Infringements) Regulations 2012 27 Authorised by the Chief Parliamentary Counsel Column 1 Item number Column 2 Prescribed offence Column 3 Short description of offence Column 4 Infringement penalty Column 5 Code Marine (Drug, Alcohol and Pollution Control) Act 1988 97 s. 28(1)(b) Being a person not under the age of 21 years who operates a vessel underway with a blood or breath alcohol level of 0⋅05 or more but less than 0⋅10 3 penalty units 2338 98 s. 28(1)(b) Being a person not under the age of 21 years who operates a vessel underway with a blood or breath alcohol level of 0⋅10 or more but less than 0⋅15 3 penalty units 2339 ". ═══════════════ r. 9 -- 28 of 29 -- S.R. No. 55/2012 Transport (Infringements) Amendment (Transport Safety Infringements) Regulations 2012 28 Authorised by the Chief Parliamentary Counsel ENDNOTES 1 Reg. 4: S.R. No. 4/2010 as amended by S.R. Nos 41/2010, 133/2010, 24/2011, 76/2011 and 105/2011. Endnotes -- 29 of 29 --