South Australian Numbered Regulations

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HARBORS AND NAVIGATION REGULATIONS 2023 (NO 84 OF 2023) - REG 97

97—Fixing HIN plates to vessels

        (1)         Only—

            (a)         a boat code agent; or

            (b)         a boat code examiner acting on behalf of the boat code agent by whom they are employed,

may fix a HIN plate to a vessel.

        (2)         A person who is not a boat code agent, or a boat code examiner acting on behalf of the boat code agent by whom they are employed, who fixes a HIN plate to a vessel is guilty of an offence.

Maximum penalty: $2 500.

        (3)         A person, whether a boat code agent or a boat code examiner or not, who fixes anything to a vessel that appears to be a HIN plate, but is not a HIN plate, is guilty of an offence.

Maximum penalty: $2 500.

        (4)         Two HIN plates must be fixed to the hull of each vessel (or, in the case of a multihulled vessel, to 1 of the hulls of the vessel).

        (5)         One plate must be fixed by the boat code agent—

            (a)         in the case of a vessel that has a transom—on the outside of the starboard side of the transom so that—

                  (i)         the top edge of the plate is not more than 50 mm below the top edge of the transom; and

                  (ii)         the plate is clearly visible;

            (b)         in the case of a vessel that does not have a transom—on the outside of the starboard side of the vessel's hull as close as reasonably practicable to the stern of the vessel so that—

                  (i)         the top edge of the plate is not more than 50 mm below the top of the gunwale; and

                  (ii)         the plate is clearly visible.

        (6)         The other HIN plate must be fixed by the boat code agent—

            (a)         in a position on the inside of the vessel's hull that is not likely to be found without searching; and

            (b)         to a part of the hull—

                  (i)         that is not likely to be damaged in the normal course of using the vessel; and

                  (ii)         that can not be easily removed.

        (7)         HIN plates must be fixed to the hull of a vessel—

            (a)         in a manner that prevents removal of the plate without causing visible damage to the vessel; and

            (b)         in accordance with written directions (if any) of the CE that are in force for the time being.

        (8)         Before fixing a HIN plate to the hull of a vessel the boat code agent must add the letters and numbers to complete the HIN on the plate in accordance with the directions of the CE under regulation 101

.

        (9)         A HIN plate must not be fixed to a commercial vessel or a vessel without an engine (however a HIN plate may be fixed to a vessel in the course of manufacturing it if it is designed to be fitted with an engine).

        (10)         A boat code agent must not fix HIN plates to a vessel that is not registered, or temporarily registered, under these regulations.

        (11)         Subregulation (10)

does not apply in the following circumstances:

            (a)         a boat code agent who carries on the business of dealing in new or used vessels may fix HIN plates to a vessel supplied to them in the course of carrying on that business despite the fact that the vessel is not registered or temporarily registered;

            (b)         a boat code agent, whether they carry on the business of dealing in new or used vessels or not, may, at the request of a person who does carry on that business, fix HIN plates to a vessel supplied to the dealer in the course of carrying on that business despite the fact that the vessel is not registered or temporarily registered;

            (c)         a boat code agent who manufactures vessels may—

                  (i)         fix HIN plates to a vessel; or

                  (ii)         form the letters and numbers comprising a HIN into the fabric of the hull of a vessel,

in the course of manufacturing it;

            (d)         if a vessel—

                  (i)         was previously registered under this Act but is not registered now; and

                  (ii)         is still owned by the same person who was last registered as its owner under this Act,

a boat code agent may, with the approval of the CE, fix HIN plates to the vessel as though it were registered, or temporarily registered.

        (12)         A boat code agent must not form the letters and numbers comprising a HIN into the fabric of the hull of a vessel after it has been manufactured.

Maximum penalty: $2 500.

        (13)         A boat code agent must return to the CE HIN plates issued to them by the CE as soon as is reasonably practicable after it becomes certain, or likely, that the boat code agent will not use them for fixing to a vessel.

Maximum penalty: $2 500.

        (14)         As soon as is reasonably practicable after a boat code agent has formed the letters and numbers comprising a HIN appearing on a HIN plate issued to the agent by the CE into the fabric of the hull of a vessel, the agent must inform the CE in writing of the HIN concerned.

Maximum penalty: $2 500.



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