Navigation (Distress Signals and Danger Calls) Regulations (Cth)

STATUTORY RULES.

1924. No. 148.

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REGULATIONS UNDER THE NAVIGATION ACT 1912-1920.

I, THE DEPUTY OF THE GOVERNOR-GENERAL in and over the Commonwealth of Australia, acting with the advice of the Federal Executive Council, hereby make the following Regulations under the Navigation Act 1912-1920, to come into operation forthwith.

Dated this twenty-sixth day of September, 1924.

STRADBROKE,

Deputy of the Governor-General.

By His Excellency’s Command,

H. E. PRATTEN,

Minister of State for Trade and Customs.

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Navigation (Distress Signals and Danger Calls) Regulations.

Short title.

1. These Regulations may be cited as the Navigation (Distress Signals and Danger Calls) Regulations.

Signals of distress to be used by ships.

2.When a vessel is in distress and requires assistance from other vessels or from the shore, the following shall be the *signals to be used or displayed by her, either together for separately, viz.:—

(a) If the vessel is provided with a wireless telegraph installation, the following wireless Signal of Distress, repeated at short intervals:—

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 . . — — — . .  . (S.O.S.);

(b) In the case of any vessel, whether provided with a wireless telegraph installation or not—

(i) In the daytime:—

A gun or other explosive signal fired at intervals of about a minute;

The International Code signal of distress indicated by N.C.;

The distant signal, consisting of a square flag having either above or below it a ball or anything resembling a ball;

A continuous sounding with any fog-signal apparatus.

*Note—These signals are officially recognized in all parts of the world. The wireless distress call (S.O.S) is prescribed by the International Convention for the Safety of Life at Sea, and the other signals mentioned, by the Regulations for the Prevention of Collisions at Sea (Article 31) issued in Great Britain, under the Merchant Shipping Act, adopted, in the Commonwealth under the Navigation Act, and by practically all maritime countries.

C.14591.—Price 3d.

 

(ii) At night:—

A gun or other explosive signal fired at intervals of about a minute;

Flames on the vessel (as from a burning tar barrel, oil barrel, &c.);

Rockets or shells, throwing stars of any colour or description, fired one at a time, at short intervals;

A continuous sounding with any fog-signal apparatus.

Improper use of rocket signals.

3. (1) No person shall, at any place on or near the coast, and whether on shore or afloat, use or display any rockets or shells, throwing stars of any colour or description, which might possibly be mistaken for signals of distress, unless—

(a)application for permission to do so is made to, and such permission, in writing, is obtained from, the Deputy-Director of Navigation for the State, at least three days before such use or display; and

(b)the fact that rockets or shells throwing stars are to be used or displayed at a certain time is publicly notified by advertisement in the press at last two days before such use or display.

Penalty: * Fifty pounds.

(2) This regulation shall not apply to the use, on shore, of small rockets, weighing not more than two ounces, unless used under circumstances indicating an intention to mislead into the belief that they are signals of distress.

(3) In any legal proceedings for an offence against this regulation it shall be on the person charged with the offence to prove that the requirements of the regulation had been complied with, or that the rockets used did not come within the scope of the regulation.

Reports of dangers to navigation.

4. The master of a ship registered in Australia or of a ship (whether British or foreign) engaged in the coasting trade who is informed of (otherwise than by wireless message sent out in conformity with these Regulations), or who meets with, any dangerous ice, dangerous derelict, of other imminent and serious danger to navigation on or near his course (including any development of a cyclonic disturbance or typhoon, sudden and serious changes in position or form of, or the disappearance of, any fixed obstruction, lightbuoy or beacon, and the extinguishing or serious impairment of the light of any ocean lighthouse or lightship) shall—

(a) if the ship is fitted with wireless, immediately send out the Danger Call specified in Schedule IV. to the Navigation Act 1912-1920, viz., the following signal repeated, at short intervals, ten times at full power:— — — (T.T.T.), followed, after an interval of one minute, by a message conveying the information required to be communicated under these Regulations, repeated three times at intervals of ten minutes; or

* Note.—Persons who, without reasonable excuse, use or exhibit any signal of distress, render themselves liable to a penalty of £50 and, in addition, and without prejudice to any other liability to pay compensation to any labour undertaken or risk or expense incurred in consequence of the signal having been improperly exhibited (Navigation Act 1912-1920. ss. 229, 230).

 

(b) if the ship is not fitted with wireless, at the earliest opportunity communicate, by International Code Signals, if during daylight, or by Morse Code, if at night, the information to other ships in the vicinity or which he meets, and to the first signal station on shore to which he approaches within signalling distance, and through that signal station make a report to the Deputy Director of Navigation for the State, communicating the information.

(c) in either case, immediately on arrival at the next port of call in Australia, lodge with the Superintendent of the Mercantile Marine Office at the port, or, if there is no Superintendent, with the Sub-Collector of Customs, a Report to the Deputy Director of Navigation for the State in Form D.C.—A, copies of which are obtainable, free of charge, from any Superintendent or Sub-Collector.

Entry in log book.

5. The master shall enter in the official log book a record of—

(a) all new dangers to navigation observed;

(b) all messages or information received in regard to the new dangers;

(c) all messages and reports sent in regard to such dangers, with, in each case, the hour and minute and the position of the ship at the time.

Particulars to be communicated.

6. (1) The information required to be communicated under these Regulations shall include—

(a)in the case of dangerous ice, dangerous derelict, or other obstruction constituting an imminent and serious danger to navigation—

(i) information as to the kind of ice, or nature of the derelict or other danger observed or informed of;

(ii) information as to the position of the ice, derelict or other obstruction when last determined; and

(iii) if the danger reported is afloat and likely to change position, information as to the direction and force of the wind and the set and velocity of the current; and

(b)in the case of cyclonic disturbances or typhoons, information as to the direction and force of the wind and the bearing of the storm centre.

(2)In all cases the message shall conclude with the name of the master and the call signal of the ship.

Transmission of reports by shore stations.

7.The officer in charge of a Commonwealth wireless station, or of a signal station, shall, on receiving any report sent in accordance with these Regulations, immediately transmit the information, by telephone if practicable, or, if not, by urgent telegram, to the Deputy Director of Navigation for the State or other official designated by the Director of Navigation as the person to whom the messages should be transmitted.

Repeal.

8. The Navigation (Danger Calls) Regulations 1921, being Statutory Rules 1921, No. 93, are hereby repealed.

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Printed and Published for the Government of the Commonwealth of Australia by H. J. Green, Government Printer for the State of Victoria.