MSQ website and navigation lights

[TheRealAndy]

After a recent post that contains lots of speculation on the Navigation lights, I decided to contact MSQ about what they publish on their website, and where the compiled it from. I also quized them on some descrepencies between the website and IMO's collision regulations. I have been given permision to post the response.

Thank you for your recent enquiry about the application of the International Regulations for Preventing Collisions at Sea (the Colregs) in Queensland.

Section 211(1) of Queensland's Transport Operations (Marine Safety) Act
1994 (TOMSA) provides that a regulation under the Act may give effect to a treaty, convention or international agreement or document about ships, such as the Colregs.

Section 211(2) of TOMSA makes it an offence to contravene such a regulation, and specifies a maximum penalty of 500 penalty units or imprisonment for 1 year. A penalty unit is currently set at $75.

Section 125 of the Transport Operations (Marine Safety) Regulation 2004
(TOMSR) states that the Colregs have effect as if they were a part of the regulation.

The Colregs are defined in the Dictionary in Schedule 15 of TOMSR as the international regulations published by the IMO (the International Maritime Organisation).

Section 126(1) of TOMSR requires a person involved with a ship's operation to comply with the Colregs, and states that this requirement is one to which s 211(2) of TOMSA (the offence provision) applies.

Also, under Schedule 3 of the State Penalties Enforcement Regulation 2000, a contravention of section 126(1) of TOMSR by contravening the Collisions Regulations, rule 22, 23, 24, 25, 26, 27, 28, 29 or 30 is an infringement notice offence for which a person may be given a $150 on the spot ticket.

In summary, the Colregs as published by the IMO (including Rule 30, quoted
below) are law in Queensland by virtue of s 125 of TOMSR.

Rule 30
Anchored 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.

For most vessels, the relevant requirement while at anchor is to display a single all-round white light where it can best be seen, as prescribed in Rule 30(b).

This is the requirement that is reproduced in the summary of Part C of the Colregs (Lights and Shapes) that appears on the MSQ website. The summary does not comprehensively reproduce the Colregs in full.

In particular, the summary does not refer to the requirement for ships of 50m or more to display both fore and aft all-round white lights (Rule 30(a)).

Nor does it refer to the exemption to which you refer, namely that 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 (Rule 30(e)).

As discussed above, both of these provisions are law in Queensland.
However, a person issued with an infringement notice or charged under s
211(2) of TOMSA for failing to display an all-round white light while at anchor would bear an evidentiary onus to raise the defence that the vessel was not anchored in waters where other vessels normally operate.

With over 219,000 registered recreational boats, and some 5,700 registered commercial and fishing ships now operating in Queensland waters, MSQ would recommend that in the interests of safety all vessels display an all-round white light while at anchor unless the master has extensive local knowledge and is confident that other vessels will not be operating in the area.

The relevant Queensland legislation may be accessed at the following URLs:
http://www.legislation.qld.gov.au/LEGISLTN/CURRENT/T/TranstOpMSA94.pdf
http://www.legislation.qld.gov.au/LEGISLTN/CURRENT/T/TranstOpMSyR04.pdf
http://www.legislation.qld.gov.au/LEGISLTN/CURRENT/S/StatePenEnfR00.pdf

Please let me know if you require any further information.

Regards,
David Joyce
Principal Advisor (Policy)
Safety Standards Branch
Maritime Safety Queensland


************************************************** *********************
WARNING: This e-mail (including any attachments) may contain legally privileged, confidential or private information and may be protected by copyright. You may only use it if you are the person(s) it was intended to be sent to and if you use it in an authorised way. No one is allowed to use, review, alter, transmit, disclose, distribute, print or copy this e-mail without appropriate authority.

If this e-mail was not intended for you and was sent to you by mistake, please telephone or e-mail me immediately, destroy any hardcopies of this e-mail and delete it and any copies of it from your computer system. Any right which the sender may have under copyright law, and any legal privilege and confidentiality attached to this e-mail is not waived or destroyed by that mistake.

It is your responsibility to ensure that this e-mail does not contain and is not affected by computer viruses, defects or interference by third parties or replication problems (including incompatibility with your computer system).

Opinions contained in this e-mail do not necessarily reflect the opinions of the Queensland Department of Main Roads, Queensland Transport or Maritime Safety Queensland, or endorsed organisations utilising the same infrastructure.
************************************************** *********************

So its worth noting that you should be referring to the IMO's Collision Regulations for details on naviagtion lights. The MSQ website provides a good general coverage of the rules, but it is by no means a comprehensive list of regulations.


As for anchor lights, I think Davids Response hits the nail on the head.

As discussed above, both of these provisions are law in Queensland.
However, a person issued with an infringement notice or charged under s
211(2) of TOMSA for failing to display an all-round white light while at anchor would bear an evidentiary onus to raise the defence that the vessel was not anchored in waters where other vessels normally operate.

The law is common sense, and I think you would have a tough time convincing a judge otherwise.