Navigation (Distress Messages and Navigational Warnings) Regulations 1959 (Amendment)

Legislation au C1965L00099 Regulations Not in force Legislative Instrument

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STATUTORY RULES.

1965. No. 99.

 

REGULATIONS UNDER THE NAVIGATION ACT 1912-1965.*

I, THE ADMINISTRATOR of the Government of the Commonwealth of Australia, acting with the advice of the Federal Executive Council, hereby make the following Regulations under the Navigation Act 1912-1961.

Dated this twenty-third day of July, 1965.

HENRY ABEL SMITH

Administrator.

By His Excellency’s Command,

(Sgd.) GORDON FREETH

Minister of State for Shipping and Transport.

 

Amendments of the Navigation (Distress Messages and Navigational Warnings) Regulations.†

1. Regulation 1 of the Navigation (Distress Messages and Navigational Warnings) Regulations is repealed and the following regulation inserted in its stead:—

Citation.

“1. These Regulations may be cited as the Navigation (Signals of Distress, Urgency Signals and Danger Messages) Regulations.”.

Interpretation.

2. Regulation 3 of the Navigation (Distress Messages and Navigational Warnings) Regulations is amended—

(a) by omitting from sub-regulation (1.) the definition of “automatic alarm signal”; and

(b) by inserting in sub-regulation (1.), after the definition of “radio station”, the following definitions:—

“ ‘radiotelegraph alarm signal’ means the signal referred to in regulation 4a of these Regulations;

“ ‘radiotelephone alarm signal’ means the signal referred to in regulation 4b of these Regulations;”.

Prescribed signals of distress.

3. Regulation 4 of the Navigation (Distress Messages and Navigational Warnings) Regulations is amended by omitting sub-regulation (2.) and inserting in its stead the following sub-regulation:—

“(2.) In radiotelegraphy, the prescribed signal of distress consists of three dots, three dashes and three dots transmitted as if they represented, in Morse code, a single letter.”.

 

* Notified in the Commonwealth Gazette on 30 July, 1965.

† Statutory Rules 1959, No. 49, as amended by Statutory Rules 1961 No. 97.

11685/62.—Price 1s.        9/30.4.1965.


4. After regulation 4 of the Navigation (Distress Messages and Navigational Warnings) Regulations the following regulations are inserted:—

Radiotelegraph alarm signal.

“4a.—(1.) A radiotelegraph alarm signal shall consist of a series of twelve dashes, sent in one minute, the duration of each dash being four seconds, and the duration of the interval between consecutive dashes being one second.

“(2.) A radiotelegraph alarm signal shall, if possible, be generated by automatic means.

Radiotelephone alarm signal.

“4b.—(1.) A radiotelephone alarm signal shall consist of two sinusoidal audio frequency tones transmitted alternately, one having a frequency of two thousand two hundred cycles per second and the other having a frequency of one thousand three hundred cycles per second, the duration of each tone being two hundred and fifty milliseconds.

“(2.) Where a radiotelephone alarm signal is generated by automatic means, it shall be sent continuously for a period of not less than thirty seconds but not more than one minute.

“(3.) Where a radiotelephone alarm signal is generated by other than automatic means, it shall be sent as often as practicable over a period of approximately one minute.”.

Use of prescribed signal of distress in radiotelegraphy and radiotelephony.

5. Regulation 5 of the Navigation (Distress Messages and Navigational Warnings) Regulations is amended by omitting paragraph (a) and inserting in its stead the following paragraphs:—

“(a) a radiotelegraph alarm signal;

“(aa) a radiotelephone alarm signal;”.

6. After regulation 5 of the Navigation (Distress Messages and Navigational Warnings) Regulations the following regulation is inserted:—

Use of radiotelegraph and radiotelephone alarm signals.

“5a.—(1.) Subject to this regulation, a radiotelegraph alarm signal or a radiotelephone alarm signal shall not be used except in connexion with the transmission of—

(a) a distress call or distress message;

(b) an urgent warning concerning a tropical storm; or

(c) a message that a person has been lost overboard.

“(2.) A radiotelegraph alarm signal or a radiotelephone alarm signal used to send a warning concerning a tropical storm shall only be transmitted by a coast radio station.

“(3.) A radiotelegraph alarm signal or a radiotelephone alarm signal shall not be used to transmit a message that a person has been lost overboard unless—

(a) the assistance of another ship is required but cannot be obtained by the use of an urgency signal only; and

(b) the message is preceded by an urgency signal.

“(4.) A radiotelegraph alarm signal or a radiotelephone alarm signal used to send a message that a person has been lost overboard shall only be transmitted by the ship from which the person was lost.”.

Distress calls.

7. Regulation 6 of the Navigation (Distress Messages and Navigational Warnings) Regulations is amended—

(a) by omitting sub-regulation (2.) and inserting in its stead the following sub-regulation:—

“(2.) Where the radio frequency used is five hundred kilocycles, the distress call specified in the last preceding sub-regulation may be preceded by a radiotelegraph alarm signal.”;


(b) by omitting from sub-regulation (3.) the words “the automatic alarm signal” (wherever occurring) and inserting in their stead the words “the radiotelegraph alarm signal”; and

(c) by omitting sub-regulation (5.) and inserting in its stead the following sub-regulation:—

“(5.) A distress call specified in the last preceding sub-regulation may be preceded by the radiotelephone alarm signal and, in that event, the distress call shall not, unless the circumstances otherwise require, be sent until the expiration of an interval of two minutes after the giving of a radiotelephone alarm signal.”.

Repetition of distress message.

8. Regulation 10 of the Navigation (Distress Messages and Navigational Warnings) Regulations is amended by omitting from sub-regulation (1.) the words “an automatic alarm signal” and inserting in their stead the words “a radiotelegraph alarm signal or a radiotelephone alarm signal”.

Acknowledgment of receipt of distress message.

9. Regulation 11 of the Navigation (Distress Messages and Navigational Warnings) Regulations is amended—

(a) by omitting from sub-regulation (2.) the words “The acknowledgment” and inserting in their stead the words “In radio-telegraphy, the acknowledgment”; and

(b) by inserting after sub-regulation (2.) the following sub-regulation:—

“(2a.) In radiotelephony, the acknowledgment of receipt of a distress message shall take the following form:—

(a) the call sign of the radio station of the ship or aircraft in distress, given three times;

(b) the words ‘THIS IS’;

(c) the call sign of the radio station acknowledging receipt, given three times;

(d) the word ‘RECEIVED’; and

(e) the prescribed signal of distress.”.

Repetition of a distress message by a receiving radio station.

10. Regulation 12 of the Navigation (Distress Messages and Navigational Warnings) Regulations is amended—

(a) by omitting from sub-regulation (2.) the words “may repeat, on full power, the distress message or part of that message, followed by the word ‘DE’ and the call sign of his own radio station repeated three times” and inserting in their stead “may relay, on full power, a distress message or part of that message”; and

(b) by omitting sub-regulation (3.) and inserting in its stead the following sub-regulations:—

“(3.) In radiotelegraphy, the transmission of a distress message or part of a distress message under the last preceding sub-regulation or under paragraph (b) of sub-regulation (2.) of the next succeeding regulation shall be preceded by—

(a) one dash, two dots, one dash, two dots, one dash and two dots transmitted as if they represented, in Morse code, a single letter;


(b) the prescribed signal of distress, sent three times;

(c) one dash, two dots, one dash, two dots, one dash and two dots transmitted as if they represented, in Morse code, a single letter;

(d) the word ‘DE’; and

(e) the call sign of the transmitting radio station, sent three times.

“(4.) In radiotelephony, the transmission of a distress message or part of a distress message under sub-regulation (2.) of this regulation or under paragraph (b) of sub-regulation (2.) of the next succeeding regulation shall be preceded by—

(a) the words ‘MAYDAY RELAY’ spoken three times;

(b) the words ‘THIS IS’; and

(c) the call sign or other identification of the transmitting radio station, spoken three times.”.

“(5.) In radiotelegraphy, the transmission of a distress message or part of a distress message under sub-regulation (2.) or (3.) of this regulation or under paragraph (b) of sub-regulation (2.) of the next succeeding regulation may be preceded by the radiotelegraph alarm signal if an interval of two minutes is left between the transmission of the radiotelegraph alarm signal and the transmission of the distress message or part of the distress message.

“(6.) In radiotelephony, the transmission of a distress message or part of a distress message under sub-regulation (2.) or (4.) of this regulation or under paragraph (b) of sub-regulation (2.) of the next succeeding regulation may be preceded by the radiotelephone alarm signal if an interval of two minutes is left between the transmission of the radiotelephone alarm signal and the transmission of the distress message or part of the distress message.”.

Distress traffic.

11. Regulation 14 of the Navigation (Distress Messages and Navigational Warnings) Regulations is amended—

(a) by inserting in sub-regulation (3.), after the word “sub-regulation”, the words “when distress traffic is being conducted by radiotelegraphy”;

(b) by inserting after sub-regulation (3.) the following sub-regulation:—

“(3a.) For the purpose of imposing radio silence under sub-regulation (2.) of this regulation when distress traffic is being conducted by radiotelephony—

(a) a person responsible for the control of distress traffic shall transmit the words ‘SEELONCE MAYDAY’ addressed to all radio stations or a particular radio station, as the case requires; and

(b) a person operating any other radio station near the ship or aircraft in distress shall transmit the words ‘SEELONCE DISTRESS’ and the call


sign of his own radio station addressed to all radio stations or a particular radio station, as the case requires.”; and

(c) by omitting sub-regulation (7.) and inserting in its stead the following sub-regulation:—

“(7.) When distress traffic has ceased or when radio silence is no longer necessary the person who has controlled the distress traffic shall transmit on the distress frequency and on any other radio frequency used for the distress traffic a message, addressed to all radio stations—

(a) where the distress traffic was conducted by radio-telegraphy, in the following form:—

(i) the prescribed signal of distress;

(ii) the group of letters ‘CQ’, repeated three times;

(iii) the word ‘DE’;

(iv) the call sign of his own radio station;

(v) the time of handing in the message for transmission;

(vi) the name and call sign of the radio station of the ship or aircraft in distress; and

(vii) the group of letters ‘QUM’; or

(b) where the distress traffic was conducted by radio-telephony, in the following form:—

(i) the prescribed signal of distress;

(ii) the words ‘TO ALL STATIONS’, spoken three times;

(iii) the words ‘THIS IS’;

(iv) the call sign of his own radio station;

(v) the time of handing in the message for transmission;

(vi) the name and call sign of the radio station of the ship or aircraft in distress; and

(vii) the words ‘SEELONCE FEENEE’.”.

Prescribed urgency signals.

12. Regulation 16 of the Navigation (Distress Messages and Navigational Warnings) Regulations is amended—

(a) by omitting from sub-regulation (2.) the words “a ship or aircraft or of some person on board or within sight” and inserting in their stead the words “a ship, an aircraft or a vehicle or of a person”; and

(b) by inserting after sub-regulation (2.) the following sub-regulation:—

“(2a.) The radio frequency to be used for prescribed urgency signals and the messages that follow them is the same as that to be used for distress messages and other distress traffic”.


Prescribed safety signals.

13. Regulation 19 of the Navigation (Distress Messages and Navigational Warnings) Regulations is amended by inserting after sub-regulation (1.) the following sub-regulation:—

“(1a.) A prescribed safety signal shall be used for the purpose of giving notice that the calling radio station has a danger message to transmit concerning the safety of navigation or the giving of an important meteorological warning.”.

Speed and style of transmission.

14. Regulation 24 of the Navigation (Distress Messages and Navigational Warnings) Regulations is amended—

(a) by omitting the words “an automatic alarm signal” and inserting in their stead the words “a radiotelegraph alarm signal”; and

(b) by adding at the end thereof the following sub-regulation:—

“(2.) A message transmitted by radiotelephony shall be sent as slowly and distinctly as practicable, each word being clearly pronounced so as to facilitate transcription.”.

15. After regulation 24 of the Navigation (Distress Messages and Navigational Warnings) Regulations the following regulations are inserted:—

Improper use of signals or messages.

“25.—(1.) A person shall not—

(a) use or display a prescribed signal of distress;

(b) use a prescribed urgency signal; or

(c) send out a danger message,

unless the use, display or sending out is authorized by these Regulations or another regulation made under the Act.

Penalty: One hundred pounds.

“(2.) Subject to the next succeeding sub-regulation, a person shall not use any flare, rocket or shell that could be mistaken for a prescribed signal of distress coming from a ship or from the member of a crew of a ship.

Penalty: One hundred pounds.

“(3.) A person may, either at sea or on the coast, use a flare, rocket or shell other than in a case of distress and notwithstanding that it could be mistaken for a prescribed signal of distress used or displayed on board a ship if—

(a) at least three days before its use, he has obtained permission to do so in writing from the Minister or from a person authorized by the Minister by instrument in writing; and

(b) he has caused to be published, in a form approved of by the Minister or by a person authorized by the Minister by instrument in writing, a notice of his intention to use the flare, rocket or shell in a daily newspaper that was, not more than seventy-two or less than forty-eight hours before its use, circulated in the locality in which the flare, rocket or shell is to be used or from which its use would be visible.

Use of rockets weighing less than two ounces.

“26.—(1.) Subject to the next succeeding sub-regulation, the last preceding regulation does not apply to a person who uses, on the coast, a rocket that weighs less than two ounces.


“(2.) A person who, on the coast, uses a rocket that weighs less than two ounces with the intention of misleading any person into the belief that it is a signal of distress is guilty of an offence and, upon conviction, is liable to a penalty not exceeding One hundred pounds.”.

 

By Authority: A. J. Arthur, Commonwealth Government Printer, Canberra.

Overview

The Navigation (Signals of Distress, Urgency Signals and Danger Messages) Regulations 1965 were enacted by the Administrator of the Government of the Commonwealth of Australia, acting with the advice of the Federal Executive Council, to amend the existing regulations under the Navigation Act 1912-1965. This legislative instrument aimed to address the need for updated and clearer protocols in maritime distress communication by specifying new signals for distress, urgency, and danger, thereby enhancing maritime safety and communication efficiency. The policy objective of these regulations is to standardise and improve the clarity and effectiveness of distress and urgency signals used in maritime navigation, ensuring prompt and accurate communication in emergency situations. These regulations were introduced to ensure the safety and effective communication of vessels in distress, thus reducing the risk of miscommunication and potential disasters at sea.

Scope and Application

The Navigation (Signals of Distress, Urgency Signals and Danger Messages) Regulations 1965 applies to the conduct of maritime navigation in Australia and pertains to the use of signals for distress, urgency, and danger messages. These Regulations are applicable to individuals and vessels engaged in maritime activities within Australian waters, including ships, aircraft, and radio stations. They extend to the communication protocols for distress calls and the proper use of prescribed signals in both radiotelegraphy and radiotelephony. The regulations are enforced under the Navigation Act 1912-1965 and serve to standardise the procedures and signals used in maritime distress situations, ensuring clarity and uniformity in emergency communications. The Regulations also establish penalties for the improper use of distress signals, aiming to prevent misuse that could compromise genuine distress situations. While the primary focus is on maritime navigation, the regulations' jurisdictional reach is confined to the waters and maritime activities within Australia's territory.

Key Provisions

The Regulations under the Navigation Act 1912-1965, introduced by Statutory Rules 1965, No. 99, primarily focus on the revision and specification of distress, urgency, and danger messages in maritime communications. Regulation 1 amends the title of the existing Navigation (Distress Messages and Navigational Warnings) Regulations to the Navigation (Signals of Distress, Urgency Signals and Danger Messages) Regulations. Regulation 3 redefines key terms by omitting the definition of "automatic alarm signal" and adding definitions for "radiotelegraph alarm signal" and "radiotelephone alarm signal". Regulation 4 sets the prescribed signal of distress for radiotelegraphy as three dots, three dashes, and three dots, transmitted as a single Morse code letter. The Regulations also detail the specific composition of radiotelegraph and radiotelephone alarm signals, requiring a series of twelve dashes for the former and two alternating tones for the latter. Regulation 5a mandates that these alarm signals be used strictly in connection with distress calls, urgent warnings about tropical storms, or messages about persons lost overboard. Regulation 6 allows distress calls to be preceded by a radiotelegraph alarm signal on specific frequencies and mandates a two-minute interval before sending the distress call if a radiotelephone alarm signal is used. Additionally, the Regulations outline procedures for the acknowledgment, repetition, and relay of distress messages by receiving stations. For instance, Regulation 11 specifies the format for acknowledging a distress message in radiotelegraphy and radiotelephony. Regulation 12 details the process for relaying distress messages, including the use of specific pre-message signals and the conditions under which these signals can be used. Moreover, the Regulations impose obligations on parties to use prescribed signals correctly and only under authorized circumstances, as stipulated in Regulation 25. Unauthorized use of distress signals, urgency signals, or danger messages is prohibited, with penalties of up to one hundred pounds. Regulation 26 provides exceptions for the use of certain flares, rockets, or shells, provided they do not mimic distress signals unless specific conditions are met. In summary, these Regulations aim to standardize and regulate the use of distress, urgency, and danger messages in maritime communications, ensuring clarity, safety, and proper protocol in emergency situations at sea.

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