Victorian Numbered Regulations Victorian Numbered Regulations(1) A person must not operate a recreational vessel that is overloaded within the meaning of this regulation.
Penalty: 4 penalty units.
(2) A recreational vessel is overloaded—
(a) if the number of persons on the vessel exceeds the maximum number of persons specified by the manufacturer of the vessel on a capacity plate attached to the vessel; or
(b) if—
(i) the
recreational vessel is of a length specified in Column 1 of the following
Table and the number of persons being carried on board the vessel as specified
in Column 2 of the Table is exceeded—
Table
|
Column 1 Length of recreational vessel |
Column 2 Maximum number. of persons |
|---|---|
|
Less than 3 metres |
2 |
|
3 metres or more but less than 3·5 metres |
3 |
|
3·5 metres or more but less than 4·5 metres |
4 |
|
4·5 metres or more but less than 5 metres |
5 |
|
5 metres or more but less than 5·5 metres |
6 |
|
5·5 metres or more but less than 6 metres |
7 |
; or
(ii) if the
vessel is a single deck vessel and is 6 metres or more in length and the
number of people being carried on board exceeds 7 or the number of people
derived by applying the following formula (rounded up to the nearest whole
number), whichever is the greater—
P = 0·75 
L 
√B
where—
P = the number of people;
L = the length of the vessel in metres;
B = the width of the vessel in metres; or
(iii) if the vessel is fitted with a flying bridge and is 6 metres or more in length and the number of people being carried on board exceeds 7 or the number of people derived by applying the following formula (rounded up to the nearest whole number), whichever is the greater—
P = 0·6 L √B
where P, L and B have the same meaning as they have in subparagraph (ii);
or
(iv) if the vessel is fitted with a flying bridge and the number of people carried on that flying bridge exceeds one quarter of the number of people (rounded up to the nearest whole number) permitted to be carried on the vessel under subparagraph (iii); or
(v) if the vessel is a decked canoe or kayak or is otherwise fitted with individual cockpits and the number of persons carried on the vessel exceeds the number of individual cockpits in the vessel irrespective of the age of the person.
Penalty: 4 penalty units.
(3) For the purposes of this regulation, a vessel is not overloaded if—
(a) the manufacturer of the vessel 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) In calculating the number of people on board a vessel for the purposes of this regulation, except subregulation (2)(b)(v)—
(a) children aged more than 12
months but less than 12 years will be counted as 0·5 person;
(b) children aged less than 1 year will not be included.
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