Select to expand quote
sirgallivant said..Unless he can quote the legislation, it is a court case for me, sure!
Nobody could fine me without retribution just because 'it is written in the boating handbook'.
That is just not good enough.
Both NSW and Qld legislation defers to the COLREGS, for Qld it is the all aspects of the legislation. The COLREGS do not seem to make a distinction between anchored and moored, they only mention underway, anchored or aground. For most of us Rule 30(b) would apply:
A vessel of less than 50 metres in length may exhibit an all-round white light where it can best be seen instead of the lights prescribed in paragraph (a) of this Rule. So it is up to interpretation whether anchoring is the same as mooring, in court the Qld Government could argue that the intent of the COLREGS indicates that it is. For me I think it would be simpler and safer to keep my light on. The relevant sections of the COLREGS and Qld Transport Operations (Marine Safety) Act 1994 are copied below.
The
NSW Marine Safety Regulation 2016 makes modifications to the COLREGS on some aspects:
Schedule 4 Modifications to Convention on International Regulations for Preventing Collisions at Sea (Clause 5)
Rule 1 of the International Regulations is modified by including the following NSW special Rule:
(3) An unoccupied vessel is exempt from the provisions of these Rules if it is:
(a) secured under the authority of, and in accordance with the conditions, attached to an occupation licence issued under the Management of Waters and Waterside Lands Regulations-N.S.W., or
(b)lawfully occupying any navigable waters by direction of, or with the permission of, the Crown or any other person or body lawfully entitled to give such a direction or permission.
The relevant sections of the Marine Safety Regulation 2016 are copied below. I am not an expert in legislation but to me that would suggest that you don't have to have an anchor light on in approved moorings in NSW.
COLREGS:International Regulations for Preventing Collisions at Sea - International Regulations for preventing Collisions at Sea, 1972 - Rule 1Application
(a). These Rules shall apply to all vessels upon the high seas and in all waters connected therewith navigable by seagoing vessels.
(b). Nothing in these Rules shall interfere with the operation of special rules made by an appropriate authority for roadsteads, harbours, rivers, lakes or inland waterways connected with the high seas and navigable by seagoing vessels. Such special rules shall conform as closely as possible to these Rules.
(c). Nothing in these Rules shall interfere with the operation of any special rules made by the Government of any State with respect to additional station or signal lights, shapes or whistle signals for ships of war and vessels proceeding under convoy, or with respect to additional station or signal lights or shapes for fishing vessels engaged in fishing as a fleet. These additional station or signal lights, shapes or whistle signals shall, so far as possible, be such that they cannot be mistaken for any light, shape or signal authorized elsewhere under these Rules.
(d). Traffic separation schemes may be adopted by the Organization for the purpose of these Rules.
(e). Whenever the Government concerned shall have determined that a vessel of special construction or purpose cannot comply fully with the provisions of any of these Rules with respect to the number, position, range or arc of visibility of lights or shapes, as well as to the disposition and characteristics of sound-signalling appliances, such vessel shall comply with such other provisions in regard to the number, position, range or arc of visibility of lights or shapes, as well as to the disposition and characteristics of sound-signalling appliances, as her Government shall have determined to be the closest possible compliance with these Rules in respect of that vessel.
Rule 30 Anchored vessels and vessels agroundAnchored vessels and vessels aground
(a). A vessel at anchor shall exhibit where it can best be seen:
(i). in the fore part, an all-round white light or one ball;
(ii). at or near the stern and at a lower level than the light prescribed in subparagraph (i), an all-round white light.
(b). A vessel of less than 50 metres in length may exhibit an all-round white light where it can best be seen instead of the lights prescribed in paragraph (a) of this Rule.
(c). A vessel at anchor may, and a vessel of 100 metres and more in length, shall also use the available working or equivalent lights to illuminate her decks.
(d). A vessel aground shall exhibit the lights prescribed in paragraph (a) or (b) of this Rule and in addition, where they can best be seen:
(i). two all-round red lights in a vertical line;
(ii). three balls in a vertical line.
(e). A vessel of less than 7 metres in length, when at anchor, not in or near a narrow channel, fairway or anchorage, or
where other vessels normally navigate, shall not be required to exhibit the lights or shape prescribed in paragraphs (a) and (b) of this Rule.
(f). A vessel of less than 12 metres in length, when aground, shall not be required to exhibit the lights or shapes prescribed in subparagraphs (d)(i) and (ii) of this Rule.
Transport Operations (Marine Safety) Regulation 2016 QLDChapter 5 Ship operations
Part 2 Prevention of collisions
79 Application of collision regulations
(1) The collision regulations have effect as if they were part of this regulation.
(2) A person involved with the operation of a ship (including the ship's owner, master, pilot or deck watchkeeper) must comply
with the collision regulations.
(3) Subsection (2) is a regulation to which section 211(2) of the Act applies.
Note-
Section 211(2) of the Act provides for a penalty of 500 penalty units or imprisonment for 1 year for a contravention of a regulation declared to be a regulation to which the subsection applies.
Marine Safety Regulation 2016 [NSW] Published LW 10 June 2016 (2016 No 308)Part 2 Safety of navigation
Division 1 Regulations for prevention of collisions at sea or in other navigable waters
5 Adoption of international regulations
(1) For the purposes of section 10 (2) of the Act, the Prevention of Collisions Convention is adopted with the modifications set out in Schedule 4.
(2) In this clause:
Prevention of Collisions Convention means the Convention on the International Regulations for Preventing Collisions at Sea, done at London on 20 October 1972, as amended and in force for Australia from time to time.
Note. The text of the Convention is set out in Australian Treaty Series 1980 No. 5 ([1980] ATS 5) and is also accessible through the Australian Treaties Library on the AustLII website (www.austlii.edu.au).
Schedule 4 Modifications to Convention on International Regulations for Preventing Collisions at Sea (Clause 5)
Rule 1 of the International Regulations is modified by including the following NSW special Rule:
(1) Despite Rule 1 (a), these Rules extend to vessels in all navigable waters.
(2) These Rules do not apply to vessels taking part in an aquatic activity if the aquatic licence that authorises the activity provides for a different set of rules to be applied. However, these Rules do apply if there is a risk of collision between a vessel taking part in the aquatic activity and a vessel that is not taking part in the aquatic activity.
(3) An unoccupied vessel is exempt from the provisions of these Rules if it is:
(a) secured under the authority of, and in accordance with the conditions, attached to an occupation licence issued under the Management of Waters and Waterside Lands Regulations-N.S.W., or
(b)lawfully occupying any navigable waters by direction of, or with the permission of, the Crown or any other person or body lawfully entitled to give such a direction or permission.
(4) Subrule (3) of this special rule does not apply to a vessel secured to a shipping mooring.
BJRob
> 9 months ago, 27 Apr 2017
Jode, that comment was rather uncalled for. I thought on this forum we keep conversation civil.
