Navigation (River Murray Traffic) Regulations (Amendment)

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STATUTORY RULES.

1950. No. 2

 

REGULATIONS UNDER THE NAVIGATION ACT 1912-1942.*

I, 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 1912-1942.

Dated this twenty-fourth day of January, 1950

W. J. McKell

Governor-General.

By His Excellency’s Command,

Minister of State for Shipping and Fuel.

 

Amendments of the Navigation (River Murray Traffic) Regulations.†

Lights to be exhibited on steamships under way.

1. Regulation 8 of the Navigation (River Murray Traffic) Regulations is amended—

(a)  by omitting from paragraph (a) of sub-regulation (1.) the words “so fixed as to throw the light 10 points, on each side of the vessel, namely, from right ahead to 2 points” and inserting in their stead the words “that is, an arc of 225 degrees in a horizontal plane, so fixed as to throw the light 10 points, that is, 112½ degrees, on each side of the vessel, namely, from right ahead to 2 points, that is, 22½ degrees”;

(b)  by omitting from paragraph (b) of that sub-regulation the words “so fixed as to throw the light from right ahead to 2 points” and inserting in their stead the words “that is, an arc of 112½ degrees in a horizontal plane, so fixed as to throw the light from right ahead to 2 points, that is, 22½ degrees”;

(c)  by omitting from paragraph (c) of that sub-regulation the words “so fixed as to throw the light from right ahead to 2 points” and inserting in their stead the words “that is, an arc of 112½ degrees in a horizontal plane, so fixed as to throw the light from right ahead to 2 points, that is, 22½ degrees”;

(d)  by inserting in paragraph (b) of sub-regulation (3.), after the words “from right ahead to 2 points”, the words “, that is, 22½ degrees”; and

 

* Notified in the Commonwealth Gazette on , 1950;

† Statutory Rules 1936, No. 81, as amended by Statutory Rules 1939, No. 69; and 1940, No. 260.

5616.—Price 3d. 9/4.11.1949.


(e)  by omitting from sub-regulation (4.) the words “namely, 6 points” and inserting in their stead the words “that is, an arc of 135 degrees in a horizontal plane, namely, 6 points, that is, 67½ degrees”.

2. Regulation 13 of the Navigation (River Murray Traffic.) Regulations is repealed and the following regulation inserted in its stead:—

Steamships meeting or passing.

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

Steamships overtaking and passing.

3. Regulation 15 of the Navigation (River Murray Traffic) Regulations is amended by omitting the words “right hand side” and inserting in their stead the words “starboard side and shall keep out of her way until finally past and clear”.

4. After regulation 15 of the Navigation (River Murray Traffic) Regulations the following regulation is inserted:—

Steamships converging into one channel.

“15a. 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.”.

Sound signals for vessels in sight of one another.

5. Regulation 16 of the Navigation (River Murray Traffic) Regulations is amended—

(a) by omitting the words “directing my course to the right” and inserting in their stead the words “altering my course to starboard”;

(b) by omitting the words “directing my course to the left” and inserting in their stead the words “altering my course to port”; and

(c) by omitting the words “full speed”.

6. After regulation 18 of the Navigation (River Murray Traffic) Regulations the following regulation is inserted:—

Meaning of helm orders.

“18a. 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’.”.

 

By Authority: L. F. Johnston, Commonwealth Government Printer, Canberra.

Overview

The Statutory Rules 1950 No. 2, made under the Navigation Act 1912-1942, addresses the need to update and refine regulations governing the navigation of vessels on the River Murray, particularly in relation to the lighting and sound signals used by steamships. Enacted by the Governor-General in Council, these regulations seek to ensure the safe and efficient movement of vessels in this vital waterway. The policy objective behind these amendments is to enhance navigational safety by clarifying and standardising the light arcs and sound signals required for various scenarios, such as meeting, overtaking, and converging vessels. This legislative instrument aims to reduce the risk of collisions and improve the overall predictability of vessel movements on the River Murray.

Scope and Application

The Navigation (River Murray Traffic) Regulations, as amended, apply to all steamships navigating the River Murray in Australia, governing their operational conduct and safety measures. These regulations are made under the authority of the Navigation Act 1912-1942, impacting maritime operations specifically within the Murray River's jurisdiction. They are applicable to vessels engaged in commercial and recreational navigation, ensuring that all steamships maintain safe distances and proper signalling practices to prevent collisions and other maritime incidents. The regulations delineate specific requirements for the exhibition of lights, sound signals, and navigational protocols when vessels meet, pass, or converge, with explicit instructions regarding the use of starboard and port directives. The geographic scope of these regulations is confined to the River Murray, and they are enforced within the Commonwealth of Australia, ensuring uniform maritime safety practices across state and territory boundaries on this major waterway. The regulations do not explicitly state exclusions or exemptions, but it is implied that they apply to all steamships under way on the River Murray, regardless of their size or cargo. The regulations can be further refined or extended through additional subordinate instruments as deemed necessary by the relevant authorities.

Key Provisions

The key operative sections of these Regulations, as stated in the Statutory Rules, pertain to the amendment of specific provisions under the Navigation (River Murray Traffic) Regulations. Regulation 8 has been amended to adjust the arc of light that must be exhibited on steamships under way, now specified as an arc of 225 degrees in a horizontal plane for starboard side lights, and an arc of 112½ degrees in a horizontal plane for port side lights. This change clarifies the angular span of light emission on either side of the vessel. Regulation 13 has been replaced, stipulating that steamships meeting another shall keep to the side of the river that lies on their own starboard side, while Regulation 15 has been amended to require a steamship overtaking another to keep out of the way until finally past and clear. Additionally, a new Regulation 15a has been inserted to address the scenario where two steamships are converging into one channel, requiring the steamship with the other on its starboard side to keep out of the way. Regulation 16 has been modified to replace references to 'directing my course' with 'altering my course', and to clarify that helm orders must be interpreted with 'starboard' meaning 'put the vessel's rudder to starboard' and 'port' meaning 'put the vessel's rudder to port'. These Regulations impose specific obligations on the operators of steamships navigating the River Murray. They must ensure that the required arcs of light are exhibited as specified, adhere to the rules regarding the side of the river to keep when meeting or overtaking other vessels, and correctly interpret and execute helm orders. Furthermore, when two steamships converge into a single channel, the vessel with the other on its starboard side must keep out of the way. These obligations are designed to enhance navigational safety and clarity on the river. The Regulations do not explicitly state any offences, penalties, or civil/criminal consequences for breaches. However, the general principle is that failure to comply with these navigational rules could lead to collisions or other maritime incidents, which may result in legal liability under the Navigation Act 1912-1942. The Navigation Act itself provides for various penalties, including fines and imprisonment, for breaches of its provisions, although the specific penalties for these Regulations would be in line with those prescribed in the broader Act. The precise penalties would depend on the nature and severity of the breach and the resulting consequences.

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