Victorian Numbered Regulations

MARINE REGULATIONS 2009 (SR NO 180 OF 2009) - REG 232

    (1)     A person who is on an open area of a recreational vessel of a type listed in Column 2 of Table B in Schedule 5 must, during a time of heightened risk wear a personal flotation device—

        (a)     of a type specified in Column 3 of the Table opposite that type of vessel when the vessel is underway on coastal waters; and

        (b)     of a type specified in Column 4 of the Table opposite that type of vessel when the vessel is underway on enclosed waters; and

        (c)     of a type specified in Column 5 of the Table opposite that type of vessel when the vessel is underway on inland waters.

Penalty:     5 penalty units.

    (2)         In this regulation "time of heightened risk" means—

        (a)     when the vessel is crossing or attempting to cross an ocean bar or operating within a designated hazardous area; or

        (b)     when the vessel is being operated by a person who is alone; or

        (c)     when the vessel is being operated during the period commencing one hour after sunset and ending one hour before sunrise; or

        (d)     when the vessel is being operated during a period of restricted visibility; or

        (e)     when there is a significant likelihood that—

              (i)     the vessel may capsize or be swamped by waves; or

              (ii)     the occupants of the vessel may fall overboard or be forced to enter the water; or

        (f)     when the vessel is operating in an area where—

              (i)     a gale warning; or

              (ii)     a storm warning; or

              (iii)     a severe thunderstorm warning; or

              (iv)     a severe weather warning—

issued by the Bureau of Meteorology, is current; or

        (g)     if the vessel is a yacht and no safety barriers, lifelines, rails, safety harnesses or jacklines are in use.

    (3)     Subregulation (1) does not apply to a person—

        (a)     who is engaged in diving from a recreational vessel that is displaying a dive flag and that is not moving at a speed greater than 5 knots; or

        (b)     who is in the process of donning or removing diving equipment on board a recreational vessel that is displaying a dive flag and that is not moving at a speed greater than 5 knots—

if the vessel is crossing or attempting to cross an ocean bar, operating within a designated hazardous area or being operated during the period commencing one hour after sunset and ending one hour before sunrise.