Navigation (River Murray Traffic) Regulations 1936 (Cth)

Case
No judgment structure available for this case.

Navigation (River Murray Traffic) Regulations 1936

Statutory Rules 1936 No. 81 as amended

made under the

Navigation Act 1912

This compilation was prepared on 25 February 2002

taking into account amendments up to SR 2002 No. 13

Prepared by the Office of Legislative Drafting,

Attorney-General’s Department, Canberra

Contents

Page

        

1Name of Regulations[see Note 1]

 These Regulations are the Navigation (River Murray Traffic) Regulations 1936.

2Commencement

 These Regulations shall come into operation on the first day of July, One thousand nine hundred and thirty-six.

3Repeal

 The Navigation (River Murray Traffic) Regulations (being Statutory Rules 1926, No. 102) are hereby repealed.

4Definitions

 In these Regulations, unless the contrary intention appears:

prolonged blast means a blast of from four to six seconds’ duration.

short blast means a blast of about one second’s duration.

steamship includes every vessel propelled by steam and every vessel over five tons gross register propelled by other mechanical power.

surveyor means a person appointed under the Navigation Act 1912-1935 to survey ships and their equipment, and includes a person appointed by the Minister to inspect ships.

under way, in relation to a steamship, includes all times when she is not at anchor, or made fast to the shore, or aground.

visible, when applied to lights, means visible on a dark night with a clear atmosphere.

5Application

 These Regulations shall apply to all steamships used in navigation on the River Murray, or any of its tributaries.

6Lights to be exhibited every night

 The lights prescribed by these Regulations, and no others, shall be carried and exhibited in all weathers from sunset to sunrise, and during such time no other lights which may be mistaken for the prescribed lights shall be exhibited.

7Lights to be approved by surveyor

 The lanterns containing the lights prescribed by these Regulations shall be approved by the surveyor as being suitable for the purpose for which they are carried and exhibited, and shall be used only for that purpose.

8Lights to be exhibited on steamships under way

  • (1)

    Steamships of 40 tons gross register and upwards, when under way, shall carry and exhibit:

    • (a)

      on or in front of the foremast, or if the vessel is without a foremast, then on or in front of the fore part of the funnel, or if the vessel is a motor vessel without a funnel, in a position corresponding thereto, at least 12 feet above the level of the wheel house deck, a bright white light, so constructed as to show an unbroken light over an arc of the horizon of 20 points of the compass, that is, an arc of 225 degrees in a horizontal plane, so fixed as to throw the light 10 points, that is, 1121/2 degrees, on each side of the vessel, namely, from right ahead to 2 points, that is, 221/2 degrees abaft the beam on either side, and of such a character as to be visible at a distance of at least 3 miles;

     Provided that in cases where, owing to limited clearances under bridges it is impracticable for the light to be carried twelve feet above the wheelhouse deck of any vessel passing under the bridges, the light may be carried at a lower height than twelve feet but shall be carried in as high a position as is practicable and not less than six feet above the level of the green and red sidelights referred to in this subregulation; and

    • (b)

      on the starboard side a green light so constructed as to shown an unbroken light over an arc of the horizon of 10 points of the compass, that is, an arc of 1121/2 degrees in a horizontal plane, so fixed as to throw the light from right ahead to 2 points, that is, 221/2 degrees abaft the beam on the starboard side, and of such a character as to be visible at a distance of at least 2 miles; and

    • (c)

      on the port side a red light so constructed as to show an unbroken light over an arc of the horizon of 10 points of the compass, that is, an arc of 1121/2 degrees in a horizontal plane, so fixed as to throw the light from right ahead to 2 points, that is, 221/2 degrees abaft the beam on the port side, and of such a character as to be visible at a distance of at least 2 miles.

  • (2)

    The green and red side lights referred to in subregulation (1) of this regulation:

    • (a)

      shall be fitted with inboard screens projecting at least 3 feet forward from the light, so as to prevent the lights from being seen across the bow; and

    • (b)

      shall be carried not less than 6 feet below the bright white light referred to in paragraph (a) of subregulation (1) of this regulation.

  • (3)

    Steamships of less than 40 tons gross register, when under way, shall carry and exhibit either the lights referred to in subregulation (1) of this regulation or the following lights:

    • (a)

      on or in front of the funnel, where it can best be seen, and at a height above the level of the wheelhouse deck of not less than 9 feet, a bright white light constructed and fixed as prescribed in paragraph (a) of subregulation (1) of this regulation and of such a character as to be visible at a distance of at least 3 miles:

     Provided that, in the case of steamships and motor boats under 20 tons gross register, the white light prescribed in paragraph (a) may be carried at a less height than 9 feet above the level of the wheelhouse deck, but it shall be carried above the side lights or combined lantern referred to in paragraph (b) of this subregulation; and

    • (b)

      green and red side-lights constructed and fixed as prescribed in paragraphs (b) and (c) of subregulation (1) of this regulation, and of such a character as to be visible at a distance of at least 1 mile, or a combined lantern showing a green light and a red light from right ahead to 2 points, that is, 221/2 degrees abaft the beam on their respective sides and carried not less than 3 feet below the white light.

  • (4)

    A vessel which is being overtaken by another vessel shall exhibit from her stern to the overtaking vessel a white light or a flare up light. The light may be fixed and carried in a lantern, but in that case the lantern shall be so constructed, fitted and screened that it shall throw an unbroken light over an arc of the horizon of 12 points of the compass, that is, an arc of 135 degrees in a horizontal plane, namely, 6 points, that is, 671/2 degrees from right aft on each side of the vessel, and of such a character as to be visible at a distance of at least 1 mile. The light shall be carried as nearly as practicable on the same level as the side-lights.

  • (5)

    When a steamship is under way, a search-light may be used from a position where it will not obscure the side-lights, but it shall be shut off, or screened off, on approaching or being approached by, another vessel, in sufficient time to prevent inconvenience to that vessel.

9Additional lights for steamship towing or pushing barge

 A steamship, when towing a barge or barges, whether astern or alongside, or pushing a barge, shall, in addition to her side-lights, carry and exhibit two bright white lights in a vertical line one over the other, not less than 3 feet apart. Each of those lights shall be of the same construction and character as the white light required under subregulation (1) of regulation 8 of these Regulations, according to the size of the vessel. The lower of the two lights shall be carried at a height of not less than 6 feet above the side lights, in the case of a ship of 40 tons gross register and upwards, and not less than 3 feet above the side lights in the case of a ship of under 40 tons gross register.

10Light on barge

 The master of every steamship having a barge or barges in tow, or pushing a barge, shall cause a bright white light visible at a distance of not less than two miles to be carried and exhibited from a conspicuous place on the fore part of each barge.

11Light on steamship or barge at anchor or moored to a bank

 A steamship or barge, when at anchor in a fairway, or when moored to the bank at a place where vessels do not load or discharge cargo or lay up, shall carry and exhibit in a position at least ten feet above the deck, and so arranged as to be visible in all directions, a bright white light, in a globular lantern not less than six inches in diameter and visible at a distance of not less than two miles.

12Steamships meeting to reduce speed

 Steamships meeting in narrow waters shall keep out of the way of each other, and reduce speed until well clear of each other.

13Steamships meeting or passing

 A steamship meeting another shall keep to that side of the river which lies on her own starboard side.

14Up-going steamship to give way

 A steamship bound upstream shall give way to a steamship bound downstream.

15Steamships overtaking and passing

 A steamship overtaking another shall, in passing, keep the overtaken steamship on her own right hand side.

15ASteamships converging into one channel

 When two steamships, proceeding in the same direction, are converging from different channels into a single channel, the steamship which has the other on her own starboard side shall keep out of the way of the other. Up-going steamship to give way.

16Sound signals for vessels in sight of one another

 When vessels are in sight of one another, a steam vessel under way, in taking any course authorized or required by these Regulations, shall indicate that course by the following signals on her whistle or siren, viz.:

One short blast to mean — ‘I am altering my course to starboard.’;

Two short blasts to mean — ‘I am altering my course to port.’; and

Three short blasts to mean — ‘My engines are going astern.’.

17Use of whistle at bends in river

 On approaching a bend in the river, a steamship shall give one prolonged blast on the whistle or siren.

18Sound signal for steamship aground or disabled

 If aground or disabled in a fairway, a steamship shall, on the approach of another steamship, give four short blasts on the steam whistle or siren:

 Provided that, if no steam is available on the first-mentioned steamship, the master shall be responsible for taking such other action, by day or night, as will best serve to avert collision by passing vessels.

18AMeaning of helm orders

 All orders to the helmsman of a vessel shall be given in the sense that starboard means ‘put the vessel’s rudder to starboard’ and port means ‘put the vessel’s rudder to port’.

19All other proper precautions to be taken

 Nothing in these Regulations shall exonerate any vessel or her owner or master from the consequences of any neglect or any precaution required by the ordinary practice of navigation on the River Murray or its tributaries, or by the special circumstances of the case.

20Reservation of rules of local authority

 Nothing in these Regulations shall interfere with the operation of any special rule, duly made by any competent authority, as to navigation in any lock, or in the immediate vicinity of any lock or bridge, on the River Murray or any of its tributaries.

21Regulations as to collisions, lights and signals

  • (1)

    These Regulations shall, for the purposes of section two hundred and fifty-eight of the Navigation Act 1912-1935, be the Regulations to be observed for the prevention of collisions, and for prescribing what lights and signals are to be used by steamships to which these Regulations apply.

  • (2)

    The owner or master of any steamship to which these Regulations apply who contravenes any of these Regulations shall be guilty of an offence, and shall be liable to the penalties provided in section two hundred and fifty-eight of the Navigation Act 1912-1935.

    Note The owner or master of a steamship to which these Regulations apply who contravenes any of these Regulations commits an offence against section 258 of the Navigation Act 1912. That section provides for a penalty not exceeding $10 000 or not exceeding 2 years imprisonment or both if the offender is a natural person, or not exceeding $20 000 if the offender is a corporation.

Notes to the Navigation (River Murray Traffic) Regulations 1936

Note 1

The Navigation (River Murray Traffic) Regulations 1936 (in force under the Navigation Act 1912) as shown in this compilation comprise Statutory Rules 1936 No. 81 amended as indicated in the Tables below.

Table of Statutory Rules

Year and

number

Date of notification

in Gazette

Date of

commencement

Application, saving or

transitional provisions

1938 No. 81

18 June 1936

1 July 1936

1939 No. 69

24 Aug 1939

1 Jan 1940

1940 No. 260

28 Nov 1940

28 Nov 1940

1950 No. 2

26 Jan 1950

26 Jan 1950

2002 No. 13

21 Feb 2002

21 Feb 2002

Table of Amendments

    ad. = added or inserted

     am. = amended rep. = repealed rs. = repealed and substituted

Provision affected

How affected

R. 1..........................................

rs. 2002 No. 13

R. 8..........................................

rs. 1939 No. 69

am. 1940 No. 260; 1950 No. 2

R. 9..........................................

rs. 1939 No. 69

R. 13........................................

rs. 1950 No. 2

R. 15........................................

am. 1950 No. 2

R. 15A.....................................

ad. 1950 No. 2

R. 16........................................

am. 1950 No. 2

R. 18A.....................................

ad. 1950 No. 2

Note to r. 21 (2).....................

ad. 2002 No. 13

Actions
Download as PDF Download as Word Document


Cases Citing This Decision

0

Cases Cited

0

Statutory Material Cited

0