1. This Part shall apply to motor boats and motor vessels generally.
FISHING VESSELS EXEMPT FROM THESE REGULATIONS
2. Except as hereinafter provided every motor boat or motor vessel for which a license has been issued under the provisions of the Fisheries Act 1957-1974 as amended from time to time, shall be exempt from these Regulations other than Part V and Regulations 5, 6,' 7 (c), 10, 14 (a), 15, 16, 17, 18, 19, 20, 21, 22 and 23 of Part VI whilst such license remains in force and such vessel does not ply for hire or reward or for any consideration whatsoever or is not let for hire or reward or for any consideration whatsoever or is not used for, or' in connection with, any other business, trade or occupation: Provided, however, that a vessel, which is licensed under the Fisheries Act 1957-1974 as amended from time to time, to be used or employed in taking fish for sale, shall not carry passengers unless it has been registered under Part III of these Regulations.
The Motor Boat and Motor Vessel Regulations, 1975 35
PENALTY FOR FAILURE TO REGISTER OR RENEW REGISTRATION
3. Every owner of a motor boat or motor vessel who fails to apply for the registration of such vessel at the time required or to renew such registration annually shall be liable to a penalty not exceeding sixty dollars ($60).
VESSELS WHICH DO NOT COMPLY WITH THE REGULATIONS NOT TO BE
UsED
4. No person shall use or navigate a motor boat or motor vessel which-
( a) Is not duly furnished with the prescribed equipment;
(b) The machinery of which is not in charge of the prescribed duly qualified person; or
(c) In any other respect does not comply with these Regulations.
ALL VESSELS TO CARRY SILENCERS
5. Unless permission is granted by the Board in any special instance, no person shall navigate any motor boat or motor vessel-
( a) Which does not have an efficient silencer affixed to the exhaust pipe of the vessel in such manner that the exhaust gas shall be projected through such silencer; and
(b) Which has a "cut-out" attached thereto or a mechanism or device for cutting out the silencer affixed in the vessel; or (c) Which causes any undue noise by-
(i) being in a state of disrepair; or
(ii) by reason of the construction, condition or adjustr.:.ent of the machinery or of the silencer of the vessel.
Any person who commits a breach of this Regulation shall be liable to a penalty not exceeding sixty dollars ($60).
MAxiMUM SPEED IN CERTAIN WATERS
6. Subject to the provisions of Regulation 9 of Part V .f these Regulations no motor boat or motor vessel shall be navigated a: a speed exceeding-
( a)-
(i) Four knots within 30·48 metres of any person bathing;
(ii) Four knots through or in any boat-mooring area or within 30 · 48 metres of any jetty or any anchored or moored motor boat, motor vessel, dinghy or other small vessel.
(iii) Four knots through or in any canal not exceeding 75 metres in width, measured to high-water mark.
(b)-
(i) The speed limits at such ports or places as are set out in Schedule V to these Regulations as amended from time to time;
(ii) The speed limit at any port or place within the jurisdiction as otherwise prescribed by the Act.
For any breach of this Regulation the person in charge of the navigation of a motor boat or motor vessel shall be liable to a penalty not exceeding sixty dollars ($60).
36 The Motor Boat and Motor Vessel Regulations, 1975
PRIVATE MOTOR BOATS OR PRIVATE MOTOR VESSELS
7. (a) An inspector or surveyor may at any time enter on any motor boat or motor vessel to inspect as to its seaworthiness.
(b) An inspector or surveyor may at any time order the person in charge of a motor boat or motor vessel to take the motor boat or motor vessel to shore if he is of the opinion that-
(i) It is being navigated in waters which are not safe for that vessel at that time;
(ii) It is not seaworthy; or (iii) It is overloaded.
(c)-
(i) An inspector or surveyor may prohibit the use of a motor boat or motor vessel in any waters by serving on the owner thereof a notice in writing specifying such waters and the reason for the prohibition.
(ii) A notice in writing under paragraph (i) hereof may be cancelled or varied at any time by a notice in writing signed by the Secretary to the Board.
(d) A person who--
(i) Being the person in charge of a motor boat or motor vessel fails to comply with any order of an inspector or surveyor given pursuant to subregulation (b) hereof; or
(ii) Being the owner or person in charge of a motor boat or motor vessel fails to comply with the requirements of a notice served pursuant to subregulation (c) hereof
shall be guilty of an offence and shall be liable to a penalty of two hundred dollars ( $200).
PERIOD OF REGISTRATION
8. Registration of a motor boat or motor vessel may be renewed on payment to the Board of the prescribed fee:
Provided that the Board may refuse to renew the registration of any motor boat or motor vessel which in any respect whatsoever does not comply with these Regulations.
VESSELS REGISTERED UNDER PART I! MAY BE REGISTERED UNDER PART III OR PART IV
9. A motor boat or motor vessel registered under Part II of these Regulations may be surveyed and registered for the purpose of Part III or Part IV thereof on application and on the payment of the fee pre- scribed by Part III or Part IV. In any such case the current certificate issued under Part II shall be surrendered to the Board and the certificate issued under Part III or Part IV shall be for the period of twelve months from the date on which the vessel was first used to ply for hire or reward or let for hire or reward or the date of application for survey and registration whichever is the earlier.
pre Se ap.
ju;
fe.
sh
I
gref e
ves an at un
to
l
"!0. (a) For the purposes gf this regulation-
(i) "all-round light" means a light showing an un- broken light· over an arc of the horizon of 360 degrees; ~·
tiil "power-driven vessel" means any vessel propelled by machinery.
(b) Every power-driven vessel when plying on a cross- river ferry service in the Brisbane River between the hours of ;unset 3nt! 'unri~ <hall, in lieu 0f the lights prescribed by Rule 2J of the International Re!!ulations Cor Pre,·enring Col- lisions at Sea, carry-
(i) two gret"n all-round light~. one >t ,~a•" ··nd of !he ,-cssel ~~ .ln equ~l height: md
(ii) .1 red t1a•hing all-round light pla<:ed ,,e helf of th.: distance from the mid-l~ngth ,Jf !he v"sse! to the ~recn light at the forward end, rltleti ut s height at !east 400 :nillim.:tres above :he green lights.
The lights referred to_ in subparagraphs (i) and (ii) shall be exhibited as foliows:-
(iii) Whilst the ve.;.sel is at a ferry pontoon or l.anding, it shall c~hibit the two green all-round tight~;
(iv) When the vessel is underway, it shalt exhibit the red !lashing al!-round light in addition to the two zreen all-round lights.
(c)-··
(i.l Every power-driven vessel when plying on a cro'>s·
river ferry service in any riv;,r (ether (han til~
Brisbane River_) between 1he hours of sunset and 08:53
sunrise sh-all, ir. lieu of th~ light~ J)rescribed by Rule 23 of the International Rego!fati-:ms for Pre- ~:~
venting Collisions at Sea, carry <wo green all-round lights, or.e at each end of the vessel at an equal ... (.
height.
(ii) The lights referred to in subparagraph (i) shall ..._
be exhibited when the vessel is underway or ~~ a.
fetTY ponto.:•n or landing. ( \
(d) The green and red all-round 'i·;hts referred to in ·,
\U
paragraphs (b) and (c) shal! be of sufficient intensily tc be ''
f..l
vi,ible at a di~tance of at least !· 5 1l<~L:tica! miles. ·· ·
>
(c) Every power-driven ves;el ha\·ing a length not ~:tceed
. ing 1 metres shail, in lieu of the lights prescrib<:d by Rules VLS•2J and 26 of the International Regulations for Pr~·:e!'ting
l
Collisions at s..~. c;~rry and exhibit red and green >Jdeligh:s or a combined lnnt'='!'!l shua.ing a red lisht on tl-..e ... crt .;kteto
and a green light on the starboard side. and every su:-C" ve,:;ei '· .:'l" "l
·, 't
~fo may, in lieu of ma,!head and ,tan-lights. carry .1n•i exhibit a white all-ro:Jnd 1i~i11. Such "r.He light shall be .;arned at a higher levd than the ,ide li?l•t, -:;r wmbined lantern.
tt•l
The n:<.l md g:-:c·:-, ••s'n·; ·oi·!·r .. J ioin
this p~ragraphP shall b.! vb;bl~ :cr ,, .~;·:anc~ ''' 1! le1st l n<lutica! m1le, and
il the '-"hhe ii::1~ . , .·-·~..\; ra ·;--. •: _; v . .,::agr:!ph snall be vtszh!e for a di'it~m-c~· · · .h 1\!.t""l 2 n:1unC2l ffiiles.
(f)-
( (iJ E:(c:p~ a::, p:o·dJc:d :n this paragraph, a vessel ('."Vb:!l'.'l!r a pow~r .!r.l\en ·vessd cr a: sailing vessel) that ls ;c_cured tu ~ mooring which has been '··'"ctic-ned by the Board under section 198 of the
··.-.t. shall not be required to exhibit the !!ghts <>nd -.. ;.:s ;:>rescrib<:d bv Rule 30 of the International .,\ <~u!ations for Preventing C;,!lisicns at Sea for .. tnr.:hored \'C5'ie!:-l.
(ii) T'· e Board or a harbour master may, in the lf!:·~fe;ts of 'af<!ly, direct the owner or ma>ter of Jny <Gch m,;ored vessel :o exhibit lig!Hs and shapes : .. m !!1~ ;:-c~:o:el.
..>11i"""'""'"'"-~) __ )J:le .. floi'tUt:C llr ~~c:t ... r.~~ .-. ... -~~ • _
!. Regulation 10 of Pan Yl ;s lonended by-
.21 -1-/1
I(a) Omitting paragraph (g) :tnd sub-itituting the fc>tl .. m,ng
va:-lg_rlph:- .... ~ ·-
'"'(g) A rT'k':.lr t;;J.;lt ... )r rr.-~ .. ~-~·; ·.c-:~d wh:!_n ~'" ... ~!.:u 1;•
~ .. >\\ ing or rrollirt:; fishing lines :'>h::ll t:xh1bit ~>·. da~, _..., h~r~ ,,:_i.
.. ~~n h~t he .;eer .• 1 ftag. ·.Jn~ mctrl!" -::quare. \h\"lded ~:a~···n ... :.•
int,, f(1ur _trLlngie; .. t~r: ~lppi:r.antl '0:'-~;" tri.l.:~!~-s .. b<Jri~ bhd.:.
· .• ~.! oh.:o ,. .. .,~.;.. -.~A ~~• _,-f~ !r•·"'ln•'t ... .;: nl?'u't"' J.rl!~o,;.
'
37the at 1all the .ver rise isel
: 1rm
\ i:>m
~rd the
;on.
be hall iing
!
I ven
I set
ind
bel j asI
bei !
Ired bns ,rry .for
\res I
ph
t ;~~ be d e
1sed
I
tted
!
38 The Motor Boat and Motor Vessel Regulations, 1975 (iii) The motor boat or motor vessel is removed from the State; or (iv) The ownership of such motor boat or motor vessel has been transferred to a dealer who is holding it for the purpose of resale only:
Provided that if the Board is unable to ascertain the whereabouts of such motor boat or motor vessel or of the owner thereof, or if the Board is satisfied that such motor boat or motor vessel has been wrecked or destroyed or permanently removed from the State, the Board may cal}cel the registration of such motor boat or motor vessel without application by the owner.
(b) An application for cancellation of the registration of a motor boat or motor vessel shall be accompanied by the current Certificate of Registration, or current Certificate of Survey and Registration, in respect of such motor boat or motor vessel, or if such certificate has been lost or destroyed, by a statement in writing to that effect, and by a statement in writing that the Boat Identification Card has been destroyed and that the registered number has been painted over or otherwise removed from the vessel.
(c) In the event of the owner intending to navigate or use within the jurisdiction a motor boat or motor vessel, the registration of which has been cancelled under these Regulations, he shall apply forthwith in the prescribed manner to the Board for the registration, or for the survey and registration as the case may require, of such motor boat or motor vessel under these Regulations.
TRANSFER OF OWNERSHIP
12. (a) Upon the transfer of the ownership of a registered motor boat or motor vessel, whether by or to a dealer or by or to any other person, the registered owner shall complete and sign the form of notification contained in Form 12 of Schedule III to these Regulations showing the date of such transfer and the name and address of the transferee.
The registered owner shall also obtain upon the said Form 12 the signature of the transferee.
(b) The registered owner shall deliver the said Form 12, completed as required by paragraph (a) of this Regulation, to the Board within seven (7) days after such transfer, and such Form 12 shall be accompanied by-
(i) The current Certificate of Registration, or current Certificate of Survey and Registration, in respect of such motor boat or motor vessel, or, if such Certificate has been lost or destroyed, by a statement in writing to that effect; and
(ii) A transfer of registration fee of fifty (50) cents.
(c) (i) Subject to these Regulations, the Board may transfer the registration of a motor boat or motor vessel to the person to whom its ownership has been transferred.
(ii) In the case of a motor boat or motor vessel registered under Part II of these Regulations, the Board shall issue to the transferee a Certificate of Transfer of Registration and such Certificate shall replace the Certificate of Registration issued in respect of the motor boat or motor vessel concerned for the remainder of the current period of registration.
The Motor Boat and Motor Vessel Regulations, 1975 39 (iii) In the case of a motor boat or motor vessel registered under Part III or Part IV of these Regulations, the current Certificate of Survey and Registration shall be delivered to the transferee by the Secretary following endorsement of the transfer of registration thereon.
(d) Any person including a dealer, who sells or otherwise disposes of any unregistered motor boat or motor vessel shall within seven days notify the Board in writing of such disposal and shall furnish full information thereof, including the names and addresses of the owner and the purchaser and the date of the transaction.
(e) (i) For the purposes of these Regulations, any sale or letting of a motor boat or motor vessel on hire-purchase shall be and shall be deemed to be a transfer of the ownership of such motor boat or motor vessel to the hirer.
(ii) In the event of the repossession of any registered motor boat or motor vessel, the person on whose behalf such repossession was performed shall notify the Board in writing of such repossession within seven days, and shall give full information thereof, including the name and address of the person from whom such motor boat or motor vessel was repossessed, and the registered number thereof.
(f) In the event of the transfer of the ownership of any registered motor boat or motor vessel by operation of law, the person to whose ownership the motor boat or motor vessel is transferred shall notify the Board in writing within seven days, and shall give full information thereof, including the name and address of the person from whom the ownership has been transferred and, the registered number thereof.
(g) The Board may, upon being satisfied that the ownership of a registered motor boat or motor vessel has been transferred, transfer the registration thereof to the person to whom ownership has been transferred, even though the Board has not received notification of such transfer from the person from whom the ownership has been transferred.
(h) Where the Board notifies a transferee that it is willing to dispense with notification of transfer of ownership by the person from whom the ownership of a registered motor boat or motor vessel has been transferred, the transferee shall pay the prescribed transfer of registration fee, and shall deliver the Certificate of Registration or Certificate of Survey and Registration to the Board if such Certificate be in his possession or control.
(i) Any transferee, including a dealer, who does not, within one month after the transfer to him of the ownership of a registered motor boat or motor vessel, receive from the Board a Certificate bearing the transferee's name as the registered owner thereof, shall within a further period of seven days notify the Board in writing that the ownership of such motor boat or motor vessel has been transferred to him and furnish the Board with the following particulars:-
(i) His full name and address;
(ii) The full name and address of the transferor;
(iii) The date of the transfer of ownership to him; and (iv) The registered number of such motor boat or motor vessel.
40 The Motor Boat and Motor Vessel Regulations, 1975
UNREGISTERED VESSELS NOT TO BE UsED
13. Any person who uses or causes or permits the use of any motor boat or motor vessel not registered under these Regulations or in respect of which the fee for renewal of registration has not been paid shall be guilty of an offence and shall be liable on conviction to a penalty ·not exceeding one hundred dollars ( $100).
14.- (a) (b)
(c)
EXPLOSIVES AND INFLAMMABLE LIQUIDS
No explosives shall be on board, nor shall any explosives be taken on board, any motor boat or motor vessel;
Subject to Regulations 26 and 27 of Part III, no inflammable liquid which has a true flashing point of less than 22·77 degrees celsius shall be on board nor shall any inflammable liquid as aforesaid be taken on board any passenger vessel to which the provisions of Part III apply;
Notwithstanding the aforegoing, the Board in exceptional circumstances may grant permission for a vessel to carry explosives and inflammable liquids subject to such terms conditions and stipulations as it deems fit.
CANCELLATION OR SUSPENSION OF LICENSE, CERTIFICATE OR PERMIT
15. (1) The Board shall have power to cancel or suspend any license, certificate or permit issued or granted under these Regulations if it be proved to the satisfaction of the Board-
( a)-
(i) That such license, certificate or permit was obtained by false representation or fraud; or
(ii) That such license, certificate or permit was issued or granted contrary to the provisions of these Regulations; or (iii) That the holder thereof is no longer possessed of the necessary qualifications or is incompetent or incapable having regard ·to the safety of the public generally; or (iv) That such circumstances have arisen as to render such
license, certificate or permit inconsistent with the pro- visions or purpose of these Regulations; or
(b) That the holder thereof whilst navigating, in charge of, or a member of the crew of, a motor boat or motor vessel- (i) Was guilty of being under the influence of intoxicating
liquor or a drug or of other misconduct which rendered him unfit to navigate, to be in charge of, or to be on duty on, that vessel; or
(ii) Was guilty of carelessness or negligence in the discharge of his duties or of any other act so as to endanger the life or safety of the passengers or crew of that vessel; or (iii) Was guilty of a breach of Regulation 16 of this Part or
Regulation 2 of Part V; or
(iv) Was guilty of any act prejudicial to the safety of the public generally.
(2) In any case where the Board has suspended or cancelled a license, certificate or permit, the holder thereof shall immediately surrender it to the Board when called upon to do so.