Victorian Numbered Regulations

MARINE REGULATIONS 2009 (SR NO 180 OF 2009) - REG 208

    (1)     The owner of a trading vessel that is less than 16 metres in length and is carrying passengers in or through Port Phillip Heads must take all reasonable steps to ensure that—

        (a)     the vessel does not enter and does not traverse Port Phillip Heads—

              (i)     outside the hours of daylight or in periods of restricted visibility; or

              (ii)     if the most recent coastal waters forecast issued by the Bureau of Meteorology for northern Bass Strait predicts for the time of passage—

    (A)     sea and swell conditions exceeding 2 metres in height; or

    (B)     wind exceeding a speed of 20 knots coming from a direction that is in the southerly semi-circle of the compass; or

              (iii)     if the actual sea and swell conditions exceed 2 metres in height; or

              (iv)     if the actual average wind speed exceeds 20 knots and comes from a direction that is in the southerly semi-circle of the compass; and

        (b)     when the vessel enters, and while the vessel traverses, Port Phillip Heads each passenger and each crew member is wearing—

              (i)     in the case of a dive charter vessel, a fully sealed drysuit or wetsuit that is at least 5 millimetres thick; or

              (ii)     in any other case, a PFD Type 1; and

        (c)     before the vessel enters Port Phillip Heads, each passenger is given a briefing regarding safety, emergency and evacuation procedures; and

        (d)     the vessel prominently flies Code Flag "R" of the International Code of Signals, when the vessel enters and while the vessel traverses Port Phillip Heads.

Penalty:     20 penalty units.

    (2)     The master of a trading vessel that is less than 16 metres in length and is carrying passengers in or through Port Phillip Heads, must ensure that—

        (a)     the vessel does not enter and does not traverse Port Phillip Heads—

              (i)     outside the hours of daylight or in periods of restricted visibility; or

              (ii)     if the most recent coastal waters forecast issued by the Bureau of Meteorology for northern Bass Strait predicts for the time of passage—

    (A)     sea and swell conditions exceeding 2 metres in height; or

    (B)     wind exceeding a speed of 20 knots coming from a direction that is in the southerly semi-circle of the compass; or

              (iii)     if the actual sea and swell conditions exceed 2 metres in height; or

              (iv)     if the actual average wind speed exceeds 20 knots and comes from a direction that is in the southerly semi-circle of the compass; and

        (b)     when the vessel enters, and while the vessel traverses, Port Phillip Heads each passenger and each crew member is wearing—

              (i)     in the case of a dive charter vessel, a fully sealed drysuit or wetsuit that is at least 5 millimetres thick; or

              (ii)     in any other case, a PFD Type 1; and

        (c)     before the vessel enters Port Phillip Heads, each passenger is given a briefing regarding safety, emergency and evacuation procedures; and

        (d)     the vessel prominently flies Code Flag "R" of the International Code of Signals, when the vessel enters and while the vessel traverses Port Phillip Heads.

Penalty:     20 penalty units.

    (3)     Subregulations (1)(a)(ii), (1)(a)(iii), (1)(a)(iv), (2)(a)(ii), (2)(a)(iii) and (2)(a)(iv) do not apply in the case of a vessel that has already entered, and is traversing, Port Phillip Heads—

        (a)     when the weather forecast referred to is issued by the Bureau of Meteorology; or

        (b)     when the actual sea and swell conditions begin to exceed 2 metres in height; or

        (c)     when the actual average wind speed begins to exceed 20 knots and to come from a direction that is in the southerly semi-circle of the compass.