HARBORS AND NAVIGATION REGULATIONS 1994 - REG 149AA
This legislation has been repealed.
HARBORS AND NAVIGATION REGULATIONS 1994 - REG 149AA
149AA—Port River Expressway Bridges
(1) The master or
operator of a vessel approaching a Port River Expressway Bridge during its
operating times and requiring the bridge to be opened must contact the person
operating the bridge in accordance with the procedure determined by the CEO
for the purposes of this subregulation—
(a) by
mobile phone on a telephone number determined by the CEO for the purposes of
this subregulation; or
(b) by
VHF radio on a frequency determined by the CEO for the purposes of this
subregulation.
(2) Without limiting
subregulation (1), the procedure determined by the CEO for the purposes
of that subregulation may include a requirement that the master or operator of
a vessel provide the person operating the bridge with the following
information:
(a) the
registration number or other identification number of the vessel;
(b) the
name of the vessel;
(c) a
description of the vessel;
(d) the
location of the vessel;
(e) a
mobile phone number, or a VHF radio frequency, on which the master or operator
can be contacted.
(3) The CEO may, by
notice in the Gazette, exempt the master or operator of a vessel, or class of
vessels, referred to in subregulation (1) from complying with the
requirements of that subregulation in the circumstances set out in the notice.
(4) The master or
operator of a vessel who does not intend to navigate under a
Port River Expressway Bridge after requesting the opening of the bridge in
accordance with subregulation (1) must immediately notify the person
operating the bridge of that fact—
(a) by
mobile phone on a telephone number determined by the CEO for the purposes of
this subregulation; or
(b) by
VHF radio on a frequency determined by the CEO for the purposes of this
subregulation.
Maximum penalty: $5 000.
Expiation fee: $315.
(5) The master or
operator of a vessel approaching or navigating under a
Port River Expressway Bridge during its operating times and requiring the
bridge to be opened must, if the vessel is fitted with a VHF radio, cause a
radio watch to be maintained on the frequency determined by the CEO for the
purposes of this subregulation while the vessel is within 100 metres of the
bridge.
Maximum penalty: $5 000.
Expiation fee: $315.
(6) The master or
operator of a vessel navigating under a Port River Expressway Bridge, or
approaching a Port River Expressway Bridge, must comply with the following
provisions:
(a) he
or she must comply with any vessel traffic control signals operating at the
time on, or in relation to, the bridge;
(b) he
or she must comply with any directions of the person operating the bridge;
(c) he
or she must not allow the vessel to approach within 100 metres of the
bridge with the intention of navigating under the bridge while the bridge is
in the process of opening or closing;
(d)
without limiting paragraph (a) or (b), if the vessel does not require the
bridge to be opened to navigate under the bridge, he or she must give way to
any vessel approaching a Port River Expressway Bridge or passing through
the navigation pass of a Port River Expressway Bridge that does require the
bridge to be so opened;
(e) if
no vessel traffic control signals are operating at the time on, or in relation
to, the bridge and the vessel is approaching the bridge proceeding upstream,
he or she must give any vessel proceeding downstream priority of passage
through the navigation pass (and he or she must wait until the vessel
proceeding downstream is clear of the bridge before proceeding under the
bridge) unless it is safe for both vessels to pass through the navigation pass
simultaneously;
(f)
subject to any direction of the person operating the bridge to the contrary,
he or she must ensure that the vessel, when being navigated under the bridge,
is only operated within the navigation pass;
(g)
subject to any direction of the person operating the bridge to the contrary,
he or she must not reverse direction while passing through the
navigation pass;
(h) he
or she must not approach the bridge or attempt to navigate under the bridge
unless the vessel can be maintained under safe control throughout the
manoeuvre;
(i)
he or she must not remain in—
(i)
the navigation pass; or
(ii)
the area within 100 metres of the bridge,
unless intending to navigate under the bridge (and, having navigated under the
bridge, must not remain in the area within 100 metres on the opposite side of
the bridge);
(j) he
or she must not allow the vessel to approach within 100 metres of the
bridge or attempt to navigate under the bridge with the vessel's sail or sails
(if any) wholly or partly raised or unfurled;
(k) in
the case of a vessel with a beam of more than 10 metres, or a displacement of
more than 200 tonnes—he or she must not allow the vessel to approach
within 100 metres of the bridge or attempt to pass through the
navigation pass without the approval of the CEO;
(l) a
person who contravenes a provision of this subregulation is guilty of an
offence.
Maximum penalty: $5 000.
Expiation fee: $315.
(7)
Subregulation (6)(i)(ii) does not apply to the master or operator of a
vessel entering or leaving a lawfully constructed temporary berthing facility
located within 100 metres of a Port River Expressway Bridge.
(8) It is a defence to
a charge of an offence under subregulation (6) for the defendant to prove
that the defendant was taking part in a rescue operation or otherwise acting
in an emergency.
(9) If a vessel
appears from evidence obtained through the operation of a camera installed by
the CEO on, or in the immediate vicinity of, the Port River Expressway Bridges
to have been involved in the commission of an offence against
subregulation (6), the owner of the vessel is guilty of an offence
against this subregulation unless it is proved—
(a) that
although the vessel appears to have been involved in the commission of the
offence, no such offence was in fact committed; or
(b) that
the owner, or, if the owner is a body corporate, an officer of the body
corporate acting with the authority of the body corporate, has furnished to
the CEO a statutory declaration stating the name and address of some person
other than the owner who was the master or operator of the vessel at the time;
or
(c)
that—
(i)
if the owner is a body corporate—the vessel was not
being operated at the time by any officer or employee of the body corporate
acting in the ordinary course of his or her duties as such; and
(ii)
the owner does not know and could not by the exercise of
reasonable diligence have ascertained the identity of the person who was
operating the vessel at the time; and
(iii)
the owner, or, if the owner is a body corporate, an
officer of the body corporate acting with the authority of the body corporate,
has furnished to the CEO a statutory declaration stating the reasons why the
identity of the master or operator is not known to the owner and the inquiries
(if any) made by the owner to identify the master or operator.
Maximum penalty: $5 000.
Expiation fee: $315.
(10) If there are 2 or
more owners of the same vessel—
(a) a
prosecution for an offence against subregulation (9) may be brought
against 1 of the owners or against some or all of the owners jointly as
co-defendants; and
(b) if
the case for the prosecution is proved and a defence is not established under
subregulation (9)(a), the defendant or each of the defendants who does
not establish a defence under subregulation (9)(b) or (c) is liable to be
found guilty of an offence against subregulation (9).
(11) If an offence
against subregulation (6) or (9) is alleged, and the allegation is based
(wholly or in part) on evidence obtained through the operation of a camera
installed by the CEO on, or in the immediate vicinity of, the
Port River Expressway Bridges, an expiation notice, an expiation reminder
notice or summons in respect of the offence must be accompanied by a notice
containing the information set out in Schedule 13.
(12) If—
(a) an
expiation notice for an offence against subregulation (6) is given to a
person named as the alleged master or operator in a statutory declaration
under this regulation; or
(b)
proceedings for an offence against subregulation (6) are commenced
against a person named as the alleged master or operator in such a statutory
declaration,
the notice or summons, as the case may be, must be accompanied by a notice
setting out particulars of the statutory declaration that named the person as
the alleged master or operator.
(13) The particulars
of the statutory declaration provided to the person named as the alleged
master or operator must not include the address of the person who provided the
statutory declaration.
(14) If a person is
found guilty of, or expiates, an offence against subregulation (6),
neither that person nor any other person is liable to be found guilty of, or
to expiate, an offence against subregulation (9) in relation to the same
incident.
(15) If a person is
found guilty of, or expiates, an offence against subregulation (9),
neither that person nor any other person is liable to be found guilty of, or
to expiate, an offence against subregulation (6) in relation to the same
incident.
(16) A person who,
without proper authority or reasonable excuse, interferes with a camera
installed on, or in the immediate vicinity of, the Port
River Expressway Bridges by the CEO, or a vessel traffic control signal, or
the proper functioning of such devices, is guilty of an offence.
Maximum penalty: $5 000.
Expiation fee: $315.
(17) In proceedings
for an offence against this regulation—
(a) a
data storage device produced by the prosecution will be admitted in evidence
if the images recorded on the device were recorded by a camera installed by
the CEO on, or in the immediate vicinity of, the Port River
Expressway Bridges, and a denotation as to date, time and location that
appears as part of such a device, or on such images, is, in the absence of
proof to the contrary, proof of the date, time and location at which the
images on the device were recorded by the camera;
(b) a
certificate produced by the prosecution and apparently signed by the CEO or a
delegate of the CEO certifying that a specified camera used at a specified
location during a specified period was a camera installed by the CEO is, in
the absence of proof to the contrary, proof of that fact;
(c) a
certificate produced by the prosecution and apparently signed by the CEO or a
delegate of the CEO that a specified camera was designed and set to operate
according to a specified system during that period is, in the absence of proof
to the contrary, proof that the camera was designed and set to operate
according to that system during that period and did, in fact, so operate;
(d) a
certificate produced by the prosecution and apparently signed by the CEO or a
delegate of the CEO certifying that a specified vessel traffic control
signal—
(i)
was designed and set to operate automatically according
to a specified system during a particular period; or
(ii)
was designed and set to be operated manually according to
a specified system during a particular period,
is, in the absence of proof to the contrary, proof that the vessel traffic
control signal was designed and set to operate automatically or manually (as
the case requires) according to the system and did, in fact, so operate;
(e) a
certificate produced by the prosecution and apparently signed by the CEO or a
delegate of the CEO certifying that a specified person was the person
operating a Port River Expressway Bridge at a specified time and on a
specified date is, in the absence of proof to the contrary, proof of the
matters so certified;
(f) a
certificate produced by the prosecution and apparently signed by the CEO or a
delegate of the CEO certifying that a specified vessel traffic control signal
was operated manually in a specified manner at a specified time and on a
specified date by the person operating a Port River Expressway Bridge is, in
the absence of proof to the contrary, proof of the matters so certified.
(18) For the purposes
of this regulation, the master or operator of a vessel complies with a
vessel traffic control signal if he or she complies with the following
provisions:
(a) the
master or operator of a vessel that is more than 100 metres from a
Port River Expressway Bridge must not approach to within 100 metres of the
bridge if a vessel traffic control signal is showing an illuminated solid or
flashing red light to vessels travelling in the same direction as the vessel;
(b) the
master or operator of a vessel that is within 100 metres of a Port
River Expressway Bridge must navigate through the navigation pass of the
bridge if a vessel traffic control signal is showing an illuminated solid
green light to vessels travelling in the same direction as the vessel;
(c)
subject to a direction of the person operating the bridge to the contrary, the
master or operator of a vessel that is within 100 metres of a
Port River Expressway Bridge but outside of the navigation pass of that
bridge—
(i)
must not enter the navigation pass of the bridge; and
(ii)
must immediately reverse direction and exit the area
within 100 metres of the bridge,
if a vessel traffic control signal is showing an illuminated solid red light
to vessels travelling in the same direction of the vessel (whether or not the
vessel traffic control signal was showing an illuminated solid green light to
vessels travelling in the same direction as the vessel at the time the vessel
approached to within 100 metres of the bridge);
(d)
subject to a direction of the person operating the bridge to the contrary, the
master or operator of a vessel that is within 100 metres of a Port
River Expressway Bridge but outside of the navigation pass of that bridge must
either—
(i)
pass through the navigation pass; or
(ii)
immediately reverse direction and exit the area within
100 metres of the bridge,
if a vessel traffic control signal is showing an illuminated flashing red
light to vessels travelling in the same direction of the vessel (whether or
not the vessel traffic control signal was showing an illuminated solid green
light to vessels travelling in the same direction as the vessel at the time
the vessel approached to within 100 metres of the bridge);
(e) in
the case of a vessel traffic control signal consisting of a sign (whether
electronic or otherwise) displaying directions in writing to vessels
approaching a Port River Expressway Bridge—the master or operator of a
vessel within 100 metres of a Port River Expressway Bridge must comply
with any direction displayed on the vessel traffic control signal.
(19)
Subregulation (18)(b), (c) and (d) do not apply to the master or operator
of a vessel moored at a lawfully constructed temporary berthing facility
located within 100 metres of the bridge.
(20) In this
regulation—
"operating times", in relation to a Port River Expressway Bridge, means the
operating times determined by the CEO for the purposes of this regulation;
"owner" of a vessel means—
(a) a
person who is the sole owner, a joint owner or a part owner of the vessel; or
(b) a
person who has possession or use of the vessel under a credit, hire-purchase,
lease or other agreement, except an agreement requiring the vessel to be
registered in the name of someone else,
and includes a registered owner of the vessel;
"registered owner", in relation to a vessel, means the person to whom a
certificate of registration for the vessel has been issued;
"vessel traffic control signal" means a visual or audible device, or a
combination of visual and audible devices, (whether electronic or otherwise)
installed on, or in the immediate vicinity of, a Port River Expressway Bridge
regulating 1 or more of the following:
(a)
entry of vessels to the area lying within 100 metres of a Port River
Expressway Bridge;
(b)
navigation of vessels (including direction of travel) within the area lying
within 100 metres of a Port River Expressway Bridge;
(c)
entry to and exit from the navigation pass of a Port River Expressway Bridge;
(d) any
other matter related to the prevention of damage to a Port River
Expressway Bridge.