Navigation (River Murray Traffic) Regulations (Amendment)

Administered by Department of Infrastructure, Transport, Regional Development, Communications, Sport and the Arts

Legislation au F1997B02286 Regulations Not in force Legislative Instrument

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STATUTORY RULES.

1939. No. 69.

 

REGULATIONS UNDER THE NAVIGATION ACT 1912-1935*

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 1912-1935.

Dated this twenty third day of August 1939.

Governor-General.

By His Excellency’s Command,

Minister of State for Commerce.

_______

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

Commencement.

1. These Regulations shall come into operation on the first day of January, 1940.

2. Regulations 8 and 9 of the Navigation (River Murray Traffic) Regulations are repealed and the following regulations inserted in their stead:—

Lights to be exhibited on steamships under way.

“8.—(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, so fixed as to throw the light 10 points on each side of the vessel, namely, from right ahead to 2 points abaft the beam on either side, and of such a character as to be visible at a distance of at least 3 miles;

(b) on the starboard side a green light so constructed as to show an unbroken light over an arc of the horizon of 10 points of the compass, so fixed as to throw the light

* Notified in the Commonwealth Gazette on , 1939.

† Statutory Rules 1936, No. 81.

4079.—8/26/.7.1939.—Price 3d.


from right ahead to 2 points 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, so fixed as to throw the light from right ahead to 2 points 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 sub-regulation (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 sub-regulation (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 sub-regulation (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 sub-regulation (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 sub-regulation; and

(b) green and red side-lights constructed and fixed as prescribed in paragraphs (b) and (c) of regulation (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 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, namely, 6 points 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, an electric 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.

Additional lights for steamship towing or pushing barge.

“9. 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 sub-regulation (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.”.

 

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

Overview

The Statutory Rules of 1939, No. 69, consist of regulations under the Navigation Act 1912-1935, which were made by the Governor-General in Council. These regulations, which came into operation on January 1, 1940, amend the Navigation (River Murray Traffic) Regulations to update the requirements for lights to be exhibited on steamships when under way. This was done to address the evolving safety needs on the River Murray. The policy objective behind these regulations is to ensure that vessels are adequately lit to avoid collisions and enhance maritime safety. The regulations mandate specific lighting configurations for different vessel sizes, including the placement and visibility distances of white, green, and red lights, as well as additional lighting requirements for vessels towing or pushing barges.

Scope and Application

The Navigation (River Murray Traffic) Regulations made under the Navigation Act 1912-1935 govern the lighting requirements for steamships navigating on the River Murray. These regulations apply to all steamships, regardless of their gross register tonnage, when they are underway. The stipulations are particularly stringent for steamships of 40 tons gross register or more, mandating the exhibition of a bright white light at the forefront of the vessel, alongside green and red side lights. Smaller steamships, those under 40 tons, have slightly relaxed requirements but must still display a bright white light and either side lights or a combined lantern. Additionally, vessels being overtaken must exhibit a white light or flare-up light from their stern. When steamships are engaged in towing or pushing barges, they must display additional white lights to signify their activity. These regulations ensure safety and visibility on the River Murray, with specific measures tailored to the size and operational context of the vessels.

Key Provisions

The key provisions of these Regulations, which amend the Navigation (River Murray Traffic) Regulations, concern the lighting requirements for steamships and motor vessels under way on the River Murray. Regulation 8 specifies that steamships of 40 tons gross register and above must exhibit a bright white light in front, as well as green and red side lights on either side, all at specific heights and visibility distances (subsection 8(1)). Steamships of less than 40 tons must exhibit similar lights, though the specifications can vary slightly, with a requirement for a white light at the front and either separate side lights or a combined lantern (subsection 8(3)). The side lights must have inboard screens to prevent visibility across the bow and be positioned below the front light (subsection 8(2)(a) and (b)). Regulation 8(4) also mandates that vessels being overtaken must exhibit a white light or flare-up light from their stern. Furthermore, Regulation 9 requires steamships towing or pushing barges to display two additional white lights vertically apart, with the height depending on the vessel’s size (subsection 9). The Regulations impose specific obligations on steamships and motor vessels operating on the River Murray. They must adhere to the prescribed lighting specifications and ensure their lights are visible at the required distances to prevent collisions. Steamships towing or pushing barges have the additional requirement of displaying two vertical white lights. The Regulations also provide for the use of an electric search-light but mandate that it be shut off or screened when approaching another vessel to avoid inconvenience. Breaches of these Regulations can lead to serious consequences. While the specific penalties are not detailed in these Regulations, under the overarching Navigation Act 1912-1935, non-compliance can result in criminal penalties, including fines and imprisonment, as well as potential civil liabilities for any damages caused by the breach. The precise penalties would be determined by the relevant court based on the nature and severity of the offence.

Legal classification tags

Area of Law
Maritime Law
Instrument
Regulation
Concepts
Definitions & Interpretation
Lights & Signals
Towing & Pushing Barges

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