Western Australian Repealed Regulations

This legislation has been repealed.

FREMANTLE PORT AUTHORITY REGULATIONS 1971 - SCHEDULE 1A

Part 1

FREMANTLE PORT AUTHORITY

Item No.	Regulation	Column 1 Nature of Offence	Column 2 Penalty Modified
1	64	Person in charge small craft failing to take precautions to prevent collision with shipping while navigating Inner Harbour and entrance channel	$ 100
2	65	Interference with pile light, dolphin, buoy or beacon	$ 100
3	66 (a)	Failing to exhibit vessel anchor signals	$ 50
4	66 (b)	Failing to exhibit vessel anchor lights	$ 50
5	66 (c) (i)	Failing to display motor boat lights when underway	$ 40
6	74	Failing to exhibit light on vessel lying in tier	$ 40
7	272	Without prior permission, driving vehicle onto or upon wharf	$ 40
8	272	Without prior permission impelling vehicle onto or upon wharf	$ 40
9	273	Riding vehicle furiously or negligently	$ 50
10	273	Driving vehicle furiously or negligently	$ 50
11	273	Failing to drive vehicle on left side of road	$ 40
12	274	Failing to stop vehicle at entrance to or exit from wharf	$ 50
13	274	Failing with vehicle to explain nature of business	$ 30
14	274	Failing to allow vehicle load to be checked	$ 60
15	274	Failing as vehicle driver to obey directions	$ 30
16	275 (1)	Failing as driver to stay with vehicle in cargo shed or on wharf	$ 40
17	275 (1)	Failing to keep vehicle at least 15 metres from inflammable goods	$ 60
18	275 (2)	Permitted vehicle to remain in cargo shed for period in excess of that necessary to discharge or load vehicle	$ 40
19	276 (3)	Parking or standing vehicle in manner contrary to manner indicated by painted lines notice or sign or anyone or more of them	$ 20
20	276 (3)	Parking or standing vehicle in manner contrary to condition or limitation indicated by notice or sign	$ 20
21	277 (1)	Failing to remove vehicle as directed	$ 30
22	353 (c)	Launching a boat from a site or area not set aside for that purpose	$ 30
23	354 (1)	Driving mechanically propelled vehicle except upon a roadway turning or parking place constructed for that purpose	$ 30
24	354 (n)	Driving or propelling a boat into a bathing area in such a way as to cause annoyance to a person	$ 30
25	354 (n)	Driving or propelling a boat into a bathing area in such a way as to cause injury to a person	$ 30
26	358 (3)	Boat left on beach other than in an area in which boats may be left or parked	$ 20
27	358 (4)	Driving vehicle towing a boat to a launching site other than on a road set aside for that purpose	$ 30
28	358 (4)	After launching a boat failing to withdraw a vehicle to an area set aside for public or other parking	$ 30
29	367A (b) (c) or (d)	Driving motor boat at speed exceeding 8 knots —              (a)         in or through mooring area             (b)         within 15 metres of vessel underway             (c)         within 45 metres of —                    (i)         moored vessel                   (ii)         person in water                   (iii)         jetty or wharf	$ 40 $ 40 $ 40 $ 40 $ 40
30	367B (2)	Driving speed boat towing water skier in area not set aside for purpose	$ 40
31	367C (1)	Towing water skier without another person at least 14 years in towing speed boat	$ 40
32	367C (2)	Driver of or other person in speed boat towing water skier failing to maintain constant look out or watch	$ 30
33	367 (D) (1) (b)	Owner or person in control of speed boat permitting person under 17 years to drive or operate speed boat	$ 30
34	368A	Failing to drive speed boat at least 45 metres behind water skier or other boat	$ 30
35	368B	Driver of boat about to take off failing to yield right of way to speed boat landing water skier	$ 30
36	368C	Trailing ski rope within 30 metres of shore in water ski area	$ 30
37	368E	Failing to keep speed boat towing water skier at least 30 metres from shore when not engaged in landing or taking off water skier	$ 30
38	368F	Driver of speed boat failing to maintain correct distance after landing water skier before retrieving tow line or thereafter driving speed boat at more than 8 knots or so as to interfere with or obstruct other boat towing water skier	$ 30
39	368G	Driver of speed boat failing to maintain distance of 25 metres from shore when landing water skier	$ 30
40	368H	Sitting on gunwale or back of driving seat when driving speed boat	$ 30
41	368I	Water skier failing to retrieve water ski	$ 30
42	368K (a) or (b)	Using waters of the port for purpose of slalom course or ski-jump —              (a)         without prior approval of Port Authority             (b)         without required marker buoys and pennants	$ 30 $ 30
43	368L	Using motor boat not fitted with approved efficient silencer	$ 30
44	368M (i) (b) (ii)	Navigating a boat in such a manner as to obstruct or impede any other vessel	$ 30
45	368M (a) (c)	Causing or permitting motor boat to emit smoke or vapour causing danger, nuisance or annoyance	$ 30
46	369	Failing to equip motor boat with approved fire extinguisher	$ 40
47	369A	Failing to equip vessel with required number of approved life jackets whilst being navigated outside protected waters	$ 40
48	369B (1)	Failing to equip vessel with required number of distress signals whilst being navigated outside protected waters	$ 40
49	369BA (1) (a)	Failing to maintain items of safety equipment of vessel in serviceable condition	$ 40
50	369BA (1) (b)	Failing to have safety equipment of vessel readily accessible to all persons on board	$ 40
51	369BA (3)	Failing to produce items of safety equipment to authorised person on demand	$ 40
52	369C	Vessel not carrying efficient anchor and line whilst outside protected waters	$ 40
53	369G (1)	Failing to display navigation lights on small vessel as required	$ 40

Part 2

Form 1

FREMANTLE PORT AUTHORITY ACT 1902

FREMANTLE PORT AUTHORITY REGULATIONS 1971

INFRINGEMENT NOTICE

Date ................................................

M ............................................................................................................................
        Surname (Block letters)         Other Names in full

Address ..................................................................................................................
        Number and street         Town or suburb         Postcode

Particulars of vessel/vehicle ...................................................................................

Registration No. .................................................. Expiry date ........../........../........

Type/Make ............................................................. colour ....................................

Length of vessel ..................................... Kw/Hp of vessel ...................................

It is alleged that at .............hours on ................ day of ............................. 19 .......

in the area of ...........................................................................................................

in connection with the abovementioned vessel/vehicle you committed the offence(s) indicated hereunder ...............................................................................

Signature ........................................

Authorised person

Offence(s): ................................................

Modified Penalty: .....................................

You, may dispose of this matter either — 

            (a)         if you do not wish to have a complaint of the offence concerned heard and determined by a court, by payment of the modified penalty shown within 21 days of the date of this notice to a designated officer specified on the back of this form; or

            (b)         by having it dealt with by a court.

If the modified penalty is not paid within the time specified, court proceedings may be taken against you. (See over).

NOTE:

Unless within a period 21 days after the date of service of this notice — 

            (a)         the modified penalty(ies) shown above is/are paid; or

            (b)         the owner of the vessel/vehicle described above — 

                  (i)         informs an authorized person of the identity and address of the person who was in charge of that vessel/vehicle; or

                  (ii)         satisfies an authorized person that that vessel/vehicle had been stolen or unlawfully taken, or was being unlawfully used, at the time when the offence(s) described in this notice is/are believed to have been committed,

the owner of the vessel/vehicle described above is, in the absence of proof to the contrary, deemed to be the person who was in charge of that vessel/vehicle at the time when the offence(s) described in this notice is/are believed to have been committed.

A PERSON, OTHER THAN THE OWNER OR PERSON IN CHARGE OF THE ABOVEMENTIONED VESSEL/VEHICLE, WHO REMOVES THIS NOTICE FROM THAT VESSEL/VEHICLE COMMITS AN OFFENCE AND IS LIABLE TO A PENALTY NOT EXCEEDING $200.

Form 2

FREMANTLE PORT AUTHORITY ACT 1902

FREMANTLE PORT AUTHORITY REGULATIONS 1971

Notice to Identify Person in Charge of Vessel/Vehicle

M ............................................................................................................................
        Surname (Block letters)         Other names in full

Address ..................................................................................................................
        Number and street         Town or suburb         Postcode

Particulars of vessel/vehicle ...................................................................................

Registration No. .................................................. Expiry date ........../........../........

Type/Make .............................................................Colour ....................................

Length of vessel ........................... Kw/Hp of vessel ................. engine:...Inboard
        Outboard

It is alleged that at ............. hours on ............... day of ............................. 19........

in the area of ...........................................................................................................

the offence(s) indicated hereunder were committed while the abovementioned vessel/vehicle was in the charge of a person whose identity is not known and cannot immediately be ascertained.

You, being the owner of the abovementioned vessel/vehicle, are hereby required to identify the person who was in charge of that vessel/vehicle at the time when that offence (those offences) is/are alleged to have been committed.

NOTE:

Unless within 21 days of the date of service of this notice — 

            (a)         you inform an authorized person of the identity and address of the person who was in charge of the abovementioned vessel/vehicle; or

            (b)         satisfy an authorized person that the abovementioned vessel/vehicle had been stolen or unlawfully taken, or was being unlawfully used,

at the time when the abovementioned offences(s) is/are alleged to have been committed, you are, in the absence of proof to the contrary, deemed to be the person who was in charge of that vessel/vehicle at the time when that offence (those offences) is/are alleged to have been committed.

Offence(s)................................
Date ........../.........../.........         Signature .....................................................

Authorized person

Form 3

FREMANTLE PORT AUTHORITY ACT 1902

FREMANTLE PORT AUTHORITY REGULATIONS 1971

Withdrawal of Infringement Notice

Date ................................................

M ............................................................................................................................
        Surname (Block letters)         Other names in full

Address ..................................................................................................................
        Number and street         Town or suburb         Postcode

Infringement Notice No. .................................................... Date ....../........../........

for alleged offence(s) of .........................................................................................

specifying modified penalty(ies) of $ ....................................................................

is hereby withdrawn.

            (a)         * No further action will be taken.

            (b)         * It is proposed to institute court proceedings for that alleged offence (those alleged offences).

* Strike out that which is not applicable.

...................................................

Authorized person
Fremantle Port Authority

(Complete and detach this portion if penalty has been paid).

Accountant,
Fremantle Port Authority

I hereby apply for a refund of the amount of $ .............., being the amount of the
modified penalty(ies) paid in respect of infringement notice No. which was withdrawn by notice dated ......../......./......

Receipt No. .......................................         Dated ................../........./......... is attached.

.................................................

(Signature)

.................................................

(Print full name)

Address for
refund......................................................................................................................
        Number and street         Town or suburb         Postcode

The Common Seal of the Fremantle Port Authority
        was affixed on the 1st day of December
        1986 by order and in the presence of — 

[L.S.]         T. J. LEWIS,
        Chairman.

        J. R. WATSON,
        Commissioner.

        R. SIMPSON,
        Acting Secretary.

Approved by His Excellency the Governor in Executive Council this 2nd day of December, 1986.

        L. E. SMITH,
        Clerk of the Council.

        [ Schedule AA inserted by Gazette 5 December 1986 pp.4469-73.]