Marine (Infringements) Regulations 2005

i Marine (Infringements) Regulations 2005 S.R. No. 155/2005 TABLE OF PROVISIONS Regulation Page 1. Objective 1 2. Authorising provision 1 3. Commencement 2 4. Amendments to Schedule 13 2 5. Amendments to Schedule 13 to come into force on 1 February 2009 8 ═══════════════ ENDNOTES 9 -- 1 of 10 -- 1 STATUTORY RULES 2005 S.R. No. 155/2005 Marine Act 1988 Marine (Infringements) Regulations 2005 The Lieutenant-Governor as the Governor's Deputy with the advice of the Executive Council makes the following Regulations: Dated: 29 November 2005 Responsible Minister: PETER BATCHELOR Minister for Transport RUTH LEACH Clerk of the Executive Council 1. Objective The objective of these Regulations is to amend the Marine Regulations 1999— (a) to revoke some offences for which an infringement notice can currently be issued as a consequence of amendments to the offences made by the Marine (Personal Flotation Devices and Other Safety Equipment) Regulations 2005; and (b) to prescribe further offences for which a marine infringement notice can be issued. 2. Authorising provision These Regulations are made under section 105 of the Marine Act 1988. -- 2 of 10 -- S.R. No. 155/2005 Marine (Infringements) Regulations 2005 2 3. Commencement (1) These Regulations, except regulation 5, come into operation on 1 December 2005. (2) Regulation 5 comes into operation on 1 February 2009. 4. Amendments to Schedule 13 (1) In Schedule 13 to the Marine Regulations 19991 , items 2302, 2303, 2304, 2305, 2306, 2307, 2308, 2309, 2310, 2311, 2312, 2313, 2314, 2315 and 2340 are revoked. (2) At the end of Schedule 13 to the Marine Regulations 1999 insert— " Column 1 Code Column 2 Short description of offence Column 3 Provision Containing Offence Column 4 Penalty Carriage and use of safety equipment 5752 Operate vessel that is not equipped with the required type or quantity of personal flotation devices MR r. 230(1), 230(2) and 230(3) and Schedule 4, Table A 1⋅25 penalty units 5753 Operate vessel that is not equipped with the required quantity of anchors, and chains or lines MR r. 230(1), 230(2) and 230(3) and Schedule 4, Table A 1⋅25 penalty units 5754 Operate vessel that is not equipped with the required quantity of electric or manual bilge pumping systems MR r. 230(1), 230(2) and 230(3) and Schedule 4, Table A 1⋅25 penalty units r. 3 -- 3 of 10 -- S.R. No. 155/2005 Marine (Infringements) Regulations 2005 3 Column 1 Code Column 2 Short description of offence Column 3 Provision Containing Offence Column 4 Penalty 5755 Operate vessel that is not equipped with the required quantity of bailers MR r. 230(1), 230(2) and 230(3) and Schedule 4, Table A 1⋅25 penalty units 5756 Operate vessel that is not equipped with the required quantity of compasses MR r. 230(1), 230(2) and 230(3) and Schedule 4, Table A 1⋅25 penalty units 5757 Operate vessel that is not equipped with the required quantity of buckets with lanyards MR r. 230(1), 230(2) and 230(3) and Schedule 4, Table A 1⋅25 penalty units 5758 Operate vessel that is not equipped with the required quantity of marine radios MR r. 230(1), 230(2) and 230(3) and Schedule 4, Table A 1⋅25 penalty units 5759 Operate vessel that is not equipped with the required quantity of red star parachute distress rockets MR r. 230(1), 230(2) and 230(3) and Schedule 4, Table A 1⋅25 penalty units 5760 Operate vessel that is not equipped with the required quantity of hand held orange smoke signals MR r. 230(1), 230(2) and 230(3) and Schedule 4, Table A 1⋅25 penalty units 5761 Operate vessel that is not equipped with the required quantity of hand held red distress flares MR r. 230(1), 230(2) and 230(3) and Schedule 4, Table A 1⋅25 penalty units r. 4 -- 4 of 10 -- S.R. No. 155/2005 Marine (Infringements) Regulations 2005 4 Column 1 Code Column 2 Short description of offence Column 3 Provision Containing Offence Column 4 Penalty 5762 Operate vessel that is not equipped with the required quantity of oars and rowlocks, pairs of oars and rowlocks, pairs of paddles or spare paddles MR r. 230(1), 230(2) and 230(3) and Schedule 4, Table A 1⋅25 penalty units 5763 Operate vessel that is not equipped with the required quantity of waterproof buoyant torches MR r. 230(1), 230(2) and 230(3) and Schedule 4, Table A 1⋅25 penalty units 5764 Operate vessel that is not equipped with the required quantity of lifebuoys MR r. 230(1), 230(2) and 230(3) and Schedule 4, Table A 1⋅25 penalty units 5765 Operate vessel that is not equipped with the required quantity of dinghies or liferafts MR r. 230(1), 230(2) and 230(3) and Schedule 4, Table A 1⋅25 penalty units 5766 Operate vessel without the required number of portable fire extinguishers MR r. 230A(a) and Schedule 4, Table C 1⋅25 penalty units 5767 Operate vessel with a portable fire extinguisher that does not have the required minimum nominal capacity MR r. 230A(b) and Schedule 4, Table D 1⋅25 penalty units 5768 Operate vessel with a portable fire extinguisher that has not been maintained as required MR r. 230B(1)(d) 1⋅25 penalty units 5769 Operate vessel with a portable fire extinguisher that has not been serviced as required MR r. 230B(1)(e) 1⋅25 penalty units r. 4 -- 5 of 10 -- S.R. No. 155/2005 Marine (Infringements) Regulations 2005 5 Column 1 Code Column 2 Short description of offence Column 3 Provision Containing Offence Column 4 Penalty 5770 Fail to keep portable fire extinguishers in separate positions on vessel MR r. 230B(2) 1⋅25 penalty units 5771 Fail to wear personal flotation device while in open area of vessel that is underway MR r. 232(1)(a), 232(1)(b) and 232(1)(c) and Schedule 5 1⋅25 penalty units 5772 Fail to ensure that person under 10 years of age in open area of vessel underway wears required personal flotation device MR r. 232B(a), 232B(b) and 232B(c) and Schedule 5 1⋅25 penalty units 5773 Fail to wear required personal flotation device while being towed by vessel MR r. 232C(1) 1⋅25 penalty units 5774 Allow vessel to start voyage before each person on board in open area is wearing required personal flotation device MR r. 232D(1)(a) 1⋅25 penalty units 5775 Allow vessel to start towing a person who is not wearing required personal flotation device MR r. 232D(3) 1⋅25 penalty units Other offences relating to trading vessels 5777 Fail to ensure, as owner, that trading vessel carrying passengers in or through Port Phillip Heads has required endorsed certificate of survey MR r. 208(1) 5 penalty units 5778 Fail to ensure, as master, that trading vessel carrying passengers in or through Port Phillip Heads has required endorsed certificate of survey MR r. 208(2) 5 penalty units r. 4 -- 6 of 10 -- S.R. No. 155/2005 Marine (Infringements) Regulations 2005 6 Column 1 Code Column 2 Short description of offence Column 3 Provision Containing Offence Column 4 Penalty 5779 Fail to ensure, as master of trading vessel carrying passengers, that the vessel does not enter or traverse Port Phillip Heads in specified dangerous conditions MR r. 209(2)(a) 4 penalty units 5780 Fail to ensure, as master of trading vessel carrying passengers in or through Port Phillip Heads, that passengers and crew wear required safety items MR r. 209(2)(b) 4 penalty units 5781 Fail to ensure, as master of trading vessel carrying passengers in or through Port Phillip Heads, that required briefing given to passengers MR r. 209(2)(c) 4 penalty units 5782 Fail to ensure, as master of trading vessel carrying passengers in or through Port Phillip Heads, that required flag prominently flown MR r. 209(2)(d) 4 penalty units 5783 Fail to ensure, as owner, that trading vessel carrying passengers across the Lakes Entrance Bar has required endorsed certificate of survey MR r. 210(1) 5 penalty units 5784 Fail to ensure, as master, that trading vessel carrying passengers across the Lakes Entrance Bar has required endorsed certificate of survey MR r. 210(2) 5 penalty units r. 4 -- 7 of 10 -- S.R. No. 155/2005 Marine (Infringements) Regulations 2005 7 Column 1 Code Column 2 Short description of offence Column 3 Provision Containing Offence Column 4 Penalty 5785 Fail to ensure, as master of trading vessel carrying passengers, that vessel does not proceed to sea by crossing or attempting to cross the Lakes Entrance Bar if specified dangerous conditions predicted MR r. 211(2)(a) 4 penalty units 5786 Fail to ensure, as master of trading vessel carrying passengers, that vessel does not cross or attempt to cross the Lakes Entrance Bar in specified dangerous conditions MR r. 211(2)(ab) 4 penalty units 5787 Fail to ensure, as master of trading vessel carrying passengers in or through the Lakes Entrance Bar, that passengers and crew wear required safety items MR r. 211(2)(b) 4 penalty units 5788 Fail to ensure, as master of trading vessel carrying passengers in or through the Lakes Entrance Bar, that required briefing given to passengers MR r. 211(2)(c) 4 penalty units 5789 Fail to ensure, as master of trading vessel carrying passengers in or through the Lakes Entrance Bar, that all passengers located in open area of vessel MR r. 211(2)(d) 4 penalty units 5790 Fail to ensure, as master of trading vessel carrying passengers in or through the Lakes Entrance Bar, that required flag prominently flown MR r. 211(2)(e) 4 penalty units r. 4 -- 8 of 10 -- S.R. No. 155/2005 Marine (Infringements) Regulations 2005 8 Column 1 Code Column 2 Short description of offence Column 3 Provision Containing Offence Column 4 Penalty 5791 Operate, as master, trading vessel carrying passengers in or through Port Phillip Heads, without required endorsed certificate of competency MR r. 304 5 penalty units 5792 Operate, as master, trading vessel carrying passengers across Lakes Entrance Bar, without required endorsed certificate of competency MR r. 307 5 penalty units ". 5. Amendments to Schedule 13 to come into force on 1 February 2009 In Schedule 13 to the Marine Regulations 1999, after item 5775 insert— " Column 1 Code Column 2 Short description of offence Column 3 Provision Containing Offence Column 4 Penalty 5776 Operate vessel on coastal waters more than 2 nautical miles from shore without vessel being provided with emergency position-indicating radio beacon with operational frequency of 406MHz and that complies with specified standards MR r. 207 1⋅25 penalty units ". ═══════════════ r. 4 -- 9 of 10 -- S.R. No. 155/2005 Marine (Infringements) Regulations 2005 9 ENDNOTES 1 Reg. 4(1): S.R. No. 145/1999. Reprint No. 2 as at 27 July 2005. Reprinted to S.R. No. 82/2005. Endnotes -- 10 of 10 --