Untitled document

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

S.R. No. 55/2012

TABLE OF PROVISIONS

Regulation  Page

1Objective

2Authorising provision

3Commencement

4Amendment of objectives

5Authorising provisions—Transport (Infringements) Regulations 2010

6Definitions

7New regulation 9B inserted

9BTransport safety infringements

8Infringement notices

9New Schedule 5 inserted

SCHEDULE 5—Transport Safety Infringements

Offences Against Marine Safety Law

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ENDNOTES

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

1Objective

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.

2Authorising provision

These Regulations are made under section 228ZZPB of the Transport (Compliance and Miscellaneous) Act 1983.

3Commencement

These Regulations come into operation on 1 July 2012.

4Amendment of objectives

After regulation 1(c) of the Transport (Infringements) Regulations 2010[1] 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;".

5Authorising 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".

6Definitions

(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.".

7New regulation 9B inserted

After regulation 9A of the Transport (Infringements) Regulations 2010 insert—

9BTransport 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.".

8Infringement 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—".

9New 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
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

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
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

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
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

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

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

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

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

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
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
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

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)

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)

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)

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

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

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

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

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

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

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

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

".

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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.