Transport Regulations Amendment (Lifejackets) Regulations 2017 (WA)

1484 GOVERNMENT GAZETTE, WA 3 March 2017

TRANSPORT

TN301

Jetties Act 1926

Shipping and Pilotage Act 1967

Western Australian Marine Act 1982

Transport Regulations Amendment

(Lifejackets) Regulations 2017

(a)	Part 1 — on the day on which these regulations are published in the Gazette;
(b)	the rest of the regulations — on the day after that day.

Made by the Governor in Executive Council.

Part 1 — Preliminary

1.           Citation

These regulations are the Transport Regulations Amendment (Lifejackets) Regulations 2017.
2.	Commencement These regulations come into operation as follows —

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Part 2 - Navigable Waters Regulations 1958 amended

3.            Regulations amended

This Part amends the Navigable Waters Regulations 1958.

4.            Regulation 3B inserted

At the end of Part I insert:

3 B.	International Organization for Standardization
The International Organization for Standardization is specified as a like body for the purposes of the Western Australian Marine Act 1982 section 1 15(1)(a).

5.            Regulation 46 amended

(1) In regulation 46(2) delete the definitions of:
Level 50
Level SOS (Special)
Level 100
Level 150
Level 275
SOLAS jacket

(2) In regulation 46(2) insert in alphabetical order:

AS, followed by a designation, means the Australian
Standard having that designation published by
Standards Australia;
AS/NZS, followed by a designation, means the

Australian/New Zealand Standard having that

designation jointly published by Standards Australia
and the Standards Council of New Zealand; ISO, followed by a designation, means the standard having that designation published by the International Organization for Standardization;
Level 50 lifejacket means -
(a)	a lifejacket classified as Level 50 by AS 4758; or
(b)	a buoyancy aid classified as performance level 50 by ISO 12402;

Level 505 lifejacket means -

(a)	a lifejacket classified as Level 50S by AS 4758; or
(b)	a special purpose buoyancy aid classified as performance level 50 by ISO 12402;

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Level 100 lifejacket means -

(a)	a lifejacket classified as Level 100 by AS 4758; or
(b)	a lifejacket classified as performance level 100 by ISO 12402;

Level 150 lifejacket means -

(a)	a lifejacket classified as Level 150 by AS 4758; or
(b)	a lifejacket classified as performance level 150 by ISO 12402;

Level 275 lifejacket means -

(a)	a lifejacket classified as Level 275 by AS 4758; or
(b)	a lifejacket classified as performance level 275 by ISO 12402;

SOLAS lifejacket means a lifejacket that meets the standards of the current International Convention for the Safety of Life at Sea;

6.            Regulation 46A deleted

Delete regulation 46A.

7. Regulation 48 amended
In regulation 48:

(a) delete paragraph (a)(ii) and insert:

(ii) within 50 in of a river bank or water's

edge;

(b)	in paragraph (d) delete "45 m" and insert:
50 ni

Note: The heading to amended regulation 48 is to read:

Limitation of speed, water ski-ing and para-sailing

8. Regulation 49C amended
In regulation 49C delete "45 m" and insert:

50m

9. Regulation 49F amended
In regulation 49F delete "90 m" and insert:

100m

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10.           Regulation 49M amended

Delete regulation 49M(c) and insert:

(c) slalom ski-ing unless that person is wearing any

of the following appropriate in terms of the buoyancy and size to the body mass of that person -

(i)    a Level 50 lifejacket;

(ii)    a Level 50S lifejacket;

(iii)    a Level 100 lifejacket;

(iv)    a Level 150 lifejacket;

(v)    a Level 275 lifejacket;

(vi)    a SOLAS lifejacket;

(vii)    a PFD Type 1;

(viii)    a PFD Type 2;

(ix)    a PFD Type 3;

and

11.           Regulation 50B replaced

Delete regulation SOB and insert:

50B.	Lifejacket to be worn by driver and passenger of personal watercraft
(1)	In this regulation - appropriate lifejacket, for a person, means -

(a) if a personal watercraft is being used outside of

protected waters and more than 400 m from any

shore, any of the following appropriate in terms of buoyancy and size of the body mass of the

person -

(i)    a Level 100 lifejacket;

(ii)    a Level 150 lifejacket;

(iii)    a Level 275 lifejacket;

(iv)    a SOLAS lifejacket;

(v)    a PFD Type 1;

or

(b) in any other case, any of the following

appropriate in terms of buoyancy and size of
the body mass of the person -

(i)     a Level SO lifejacket;

(ii)     a Level SOS lifejacket;

(iii)     a Level 100 lifejacket;

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(iv)    a Level 150 lifejacket;

(v)    a Level 275 lifejacket;

(vi)    a SOLAS lifejacket;

(vii)    a PFD Type 1;

(viii)    a PFD Type 2;

(ix)    a PFD Type 3.

(2)	A person must not, in any navigable waters, drive a personal watercraft unless the person and any passenger on the personal watercraft who has reached 12 months of age is wearing an appropriate lifejacket for that person.
(3)	A person who has reached 12 months of age must not, in any navigable waters, travel on a personal watercraft as a passenger unless the person is wearing an appropriate lifejacket for that person.

12.          Regulation 52A amended

(1)	Delete regulation 52A(1) and insert:
(1) The owner of a vessel must ensure that the vessel, while being navigated outside protected waters, is equipped with at least 1 of the following for each person on board who has reached 12 months of age,

appropriate in terms of the buoyancy and size of the

body mass of every such person -

(a)	a Level 100 lifejacket;
(b)	a Level 150 lifejacket;
(c)	a Level 275 lifejacket;
(d)	a SOLAS lifejacket;

(e) a PFD Type 1.

(2) Delete regulation 52A(2)(a) and insert:

(a) a personal watercraft; or

(3) After regulation 52A(3) insert:

(4) This regulation does not affect a person's obligation to comply with regulation SOB with respect to a personal watercraft.

Note: The heading to amended regulation 52A is to read:

Vessels to be equipped with lifejackets

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13.          Regulation 52B amended

(1)	Delete regulation 52B(2).
(2)	In regulation 52B(2AA) delete "other".

14.          Regulation 52BAB amended

In regulation 52BAB(1A) delete the definition of AS/NZS.

15.          Regulation 52BAC amended

(1) Delete regulation 52BAC(2) and insert:

(2) A person who is sailboard riding outside protected
waters and more than 400 m from any shore must wear
any of the following appropriate in terms of the
buoyancy and size of the body mass of the person -

(a)	a Level 50 lifejacket;
(b)	a Level SOS lifejacket;
(c)	a Level 100 lifejacket;
(d)	a Level 150 lifejacket;
(e)	a Level 275 lifejacket;
(f)	a SOLAS lifejacket;
(g)	a PFD Type 1;
(h)	a PFD Type 2;

(i)    a PFD Type 3.

Note: The heading to amended regulation 52BAC is to read:

Sailboard riders to carry lifejackets, distress signals and emergency beacons

(2) Delete regulation 52BAC(6).

(3)	In regulation 52BAC(7) delete "other distress signals required by subregulations (3)(b) and (5)(c)" and insert:
distress signals required by subregulations (3)(b) and (5)(b) and (c)

16.          Regulation 52BAD amended

(1) Delete regulation 52BAD(3)(a) and insert:

(a) at least 1 of the following for each person on

board who has reached 12 months of age,
appropriate in terms of the buoyancy and size

of the body mass of every such person -

(i) a Level 50 lifejacket;

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(ii)      a Level 50S lifejacket;

(iii)    a Level 100 lifejacket;

(iv)    a Level 150 lifejacket;

(v)    a Level 275 lifejacket;

(vi)    a SOLAS lifejacket;

(vii)    a PFD Type 1;

(viii)    a PFD Type 2;

(ix)    a PFD Type 3;

and

Note: The heading to amended regulation 52BAD is to read:

Owners to ensure recreational paddle craft are equipped with lifejackets, distress signals and emergency beacons

(2)	Delete regulation 52BAD(8).
(3)	In regulation 52BAD(9) delete "other distress signals required by subregulations (4)(b) and (6)(d)" and insert:
distress signals required by subregulations (4)(b) and (6)(c) and (d)

Part 3 - Western Australian Marine (Infringements)

Regulations 1985 amended

17.         Regulations amended

This Part amends the Western Australian Marine
(Infringements) Regulations 1985.

18.         Schedule 1 amended

(1)	In the provisions listed in the Table delete "45 m" and insert:
50m

Ia ble

Sch. 1 it. 24A	Sch. 1 it. 24D
Sch. 1 it. 24E	Sch. 1 it. 24F
Sch. 1 it. 29
(2)	In Schedule I item 38C delete "flotation device" and insert:
lifejacket

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(3)	In Schedule 1 item 42 delete "approved life jackets" and insert:
lifejackets

R. KENNEDY, Clerk of the Executive Council.