Victorian Consolidated Regulations Victorian Consolidated Regulations(1) A person must not be the master of a recreational vessel or a recreational hire and drive vessel that is overloaded as specified in subregulation (2).
Penalty: 20 penalty units.
(2) A recreational vessel or a recreational hire and drive vessel is overloaded if—
(a) the number of persons on board the vessel exceeds the maximum number of persons specified by the manufacturer of the vessel on a capacity plate or an Australian Builder's Plate attached to the vessel; or
(b) the total mass of persons on board the vessel exceeds the maximum total mass of persons specified by the manufacturer of the vessel on a capacity plate or an Australian Builder's Plate attached to the vessel; or
(c) the vessel is of a length specified in Column 2 of Table A in Schedule 2 and the number of persons on board the vessel exceeds the maximum number of persons specified in Column 3 of that Table for a vessel of that length; or
(d) the vessel—
(i) is not fitted with a flying bridge; and
(ii) has a breadth of less than 2·5 metres; and
(iii) is of a length specified in Column 2 of Table B in Schedule 2 and the number of persons on board the vessel exceeds the maximum number of persons specified in Column 3 of that Table for a vessel of that length; or
(e) the vessel—
(i) is not fitted with a flying bridge; and
(ii) has a breadth of 2·5 metres or more but less than 3 metres; and
(iii) is of a length specified in Column 2 of Table C in Schedule 2 and the number of persons on board the vessel exceeds the maximum number of persons specified in Column 3 of that Table for a vessel of that length; or
(f) the vessel—
(i) is not fitted with a flying bridge; and
(ii) has a breadth of 3 metres or more but less than 3·5 metres; and
(iii) is of a length specified in Column 2 of Table D in Schedule 2, and the number of persons on board the vessel exceeds the maximum number of persons specified in Column 3 of that Table for a vessel of that length; or
(g) the vessel—
(i) is not fitted with a flying bridge; and
(ii) has a breadth of 3·5 metres or more but less than 4 metres; and
(iii) is of a length specified in Column 2 of Table E in Schedule 2 and the number of persons on board the vessel exceeds the maximum number of persons specified in Column 3 of that Table for a vessel of that length; or
(h) the vessel—
(i) is not fitted with a flying bridge; and
(ii) has a breadth of 4 metres or more but less than 4·5 metres; and
(iii) is of a length specified in Column 2 of Table F in Schedule 2 and the number of persons on board the vessel exceeds the maximum number of persons specified in Column 3 of that Table for a vessel of that length; or
(i) the vessel—
(i) is not fitted with a flying bridge; and
(ii) has a breadth of 4·5 metres or more but less than 5 metres; and
(iii) is of a length specified in Column 2 of Table G in Schedule 2 and the number of persons on board the vessel exceeds the maximum number of persons specified in Column 3 of that Table for a vessel of that length; or
(j) the vessel—
(i) is not fitted with a flying bridge; and
(ii) has a breadth of 5 metres or more; and
(iii) is of a length specified in Column 2 of Table H in Schedule 2 and the number of persons on board the vessel exceeds the maximum number of persons specified in Column 3 of that Table for a vessel of that length; or
(k) the vessel—
(i) is fitted with a flying bridge; and
(ii) has a breadth of less than 2·5 metres; and
(iii) is of a length specified in Column 2 of Table I in Schedule 2 and the number of persons on board the vessel exceeds the maximum number of persons specified in Column 3 of that Table for a vessel of that length; or
(l) the vessel—
(i) is fitted with a flying bridge; and
(ii) has a breadth of 2·5 metres or more but less than 3 metres; and
(iii) is of a length specified in Column 2 of Table J in Schedule 2 and the number of persons on board the vessel exceeds the maximum number of persons specified in Column 3 of that Table for a vessel of that length; or
(m) the vessel—
(i) is fitted with a flying bridge; and
(ii) has a breadth of 3 metres or more but less than 3·5 metres; and
(iii) is of a length specified in Column 2 of Table K in Schedule 2 and the number of persons on board the vessel exceeds the maximum number of persons specified in Column 3 of that Table for a vessel of that length; or
(n) the vessel—
(i) is fitted with a flying bridge; and
(ii) has a breadth of 3·5 metres or more but less than 4 metres; and
(iii) is of a length specified in Column 2 of Table L in Schedule 2 and the number of persons on board the vessel exceeds the maximum number of persons specified in Column 3 of that Table for a vessel of that length; or
(o) the vessel—
(i) is fitted with a flying bridge; and
(ii) has a breadth of 4 metres or more but less than 4·5 metres; and
(iii) is of a length specified in Column 2 of Table M in Schedule 2 and the number of persons on board the vessel exceeds the maximum number of persons specified in Column 3 of that Table for a vessel of that length; or
(p) the vessel—
(i) is fitted with a flying bridge; and
(ii) has a breadth of 4·5 metres or more but less than 5 metres; and
(iii) is of a length specified in Column 2 of Table N in Schedule 2 and the number of persons on board the vessel exceeds the maximum number of persons specified in Column 3 of that Table for a vessel of that length; or
(q) the vessel—
(i) is fitted with a flying bridge; and
(ii) has a breadth of 5 metres or more; and
(iii) is of a length specified in Column 2 of Table O in Schedule 2 and the number of persons on board the vessel exceeds the maximum number of persons specified in Column 3 of that Table for a vessel of that length; or
(r) the vessel is a decked canoe or kayak or is otherwise fitted with individual cockpits and the number of persons on board the vessel exceeds the number of individual cockpits in the vessel, irrespective of the age of any person.
(3) For the purposes of this regulation, a vessel is not overloaded if—
(a) the manufacturer of the vessel or a competent person has certified in writing that the vessel may be safely operated with a specified number of people on board; and
(b) the number of people on board the vessel does not exceed that specified number.
(4) For the purposes of this regulation, in calculating the number of people on board a vessel—
(a) children aged less than 12 months are not to be included; and
(b) children aged 12 months or more but less than 12 years are to be counted as 0·5 persons.
58 Overloading of passengers on flying bridge
A person must not be the master of a recreational vessel or a recreational hire and drive vessel fitted with a flying bridge if the number of persons being carried on the flying bridge exceeds one quarter of the number of people (rounded up to the nearest whole number) permitted to be on board the vessel under regulation 57.
Penalty: 20 penalty units.