Reply With QuoteI have just emailed MSQ for a more definitive answer. Also trying to get hold of a laywer friend that knows this legislation quite well.
Where did this come from?Originally Posted by Aussie123
I have just emailed MSQ for a more definitive answer. Also trying to get hold of a laywer friend that knows this legislation quite well.
call the "Centre for Maritime policy" at Wollongong Uni, or consult my text book, it is quite clear, and is what was just posted (more or less) it has to do with being made fast to permanent structures and such.
Ahh, there ya go. QLD v NSW. Not written into qld legislation as far as I can tell so far. I did find some similar stuff in Victorial legislation though.
no, no, it is NOT NSW, it is Australia/world wide, same is the lights and marker buoy system, I will dig out my text book and see if I can scan the page.
Not if your car is under you house when it bursts into flames.
The TORUM does not distinguish between vehicle, tram or vessel. But clearly there are practical differences.
Cheers
Boat: Seafarer Vagabond
Live: Great South East....love Moreton Bay fishing
After the legislation though (and most international maritime law is legislated by the commonwealth and/or the states).
You wont get a clear answer from your mate Andy - its not capable of pigeon hole stuff...in comes down to an interpretation of "in charge of" the vessel. I'm a lawyer (albeit no crime any more) and Im not giving straight answers because it depends entirely on the interpretation of the facts which are usually different (even subtly in each case). I would be keen to hear what you mate says though assuming he practices in crime. I have made some enquiries about what the water police view is in QLD though which might provide some more general and practical guidance.
Cheers
Boat: Seafarer Vagabond
Live: Great South East....love Moreton Bay fishing
Maritime rules and regulations are world wide.
USL and Colregs to name a couple and our maritime laws are a mix of both.
After that we have State and Federal laws
These sections are based upon USL Code but have been rewritten to suite our own waterways and are known or referred to as Hybrid USL Code.
Each state or territory has its own set of Hybrid USL Codes in which things like alcohol use and levels are written and gazetted as law but the main thing to remember is the full and proper USL Code is our maritime law.
It is within this full law that you will find who and when a person is deemed to be in charge of a vessel.
After that you apply the local Hybrid USL Code and you have your correct answer.
It really is a basic and common sense rule and not very hard to interprate if you think of any situation regarding anchoring and drinking.
If you are in/on a designated mooring(marina,swing mooring,wharf,jetty,slipway,hardstand,fixed to the shoreline)ect you are not deemed to be using the vessel or in charge.
In this situation you do not need to display nav lights after sunset.
Now if you are in any situation whether day or night think about if you would need to display nav lights for that exact same thing at night and you are then deemed to be still in charge of the vessel therefore subject to the rules and regulations of the sea/waterway that you are navigating.
In other words if you did that same activity at night and needed to display lights you are still in charge of that vessel.
Aussie - that is your interpretation of the law, but it is not anywhere near that clear under TORUM which is the legislation in QLD that criminalises being in charge of a vessel whilst drunk. Can you point out to me where international law, as applicable in Australian territorial waters, makes it an offence to be in charge of a vessel and that being in charge is when the vessel is other than at a swing mooring etc?
Cheers
PS. There are some blurring of the lines here in terms of potential civil liability versus criminal too.
Boat: Seafarer Vagabond
Live: Great South East....love Moreton Bay fishing
even the lawyers disagree - when I used to camp at South Straddie we would be at anchor and have a stern rope back to land, now reading some of the arguements above it seems I would be safe but the Water Police told us to ensure that there was always someone who could take responsibility of the vessel in an emergecy, it didn't have to be the driver or passenger but could be one of the other campers. They were quite clear on this matter as it was not a mooring, fixed jetty etc.
This was brought home to us one day when a severe storm literally hit us out of nowhere and boats needed to be rescued/secured. Fortunately the club I was with were quite good at following the rules and there were enough sober people on hand to do the securing of vessels including those drifting houseboats that the hirers let out with almost no chain and tiny anchors that would barely hold a rubber duckie.
As a pleb I will go with what the WP told me.
BLOODY HELL ,
Lost me.
Shawn
If the only licensed skipper on board was over 0.05 reading while you are out on the water, what happens to the boat? Would the QPS take you and it all the way back to shore?
At least a car you can park it on the road side and come back the next day..
Peter
engage, educate, encourage
If everyone is sitting in the boat fishing and drinking and no one admits to being skipper or in charge of the boat who are they going to book?
Last edited by marto78; 25-03-2011 at 10:37 PM. Reason: wording
I would assume that the owner of the vessel would be booked if on board, if not then the person that the owner rented or loaned the vehicle to.
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