There you are, Saturday afternoon, gently bubbling along on your way to your favourite watering hole when the cry is suddenly heard, “Look out…here comes another one…my God, look at that wake!”
Momentary panic ensues for the fifth time in twenty minutes as all aboard spring to ‘action stations’ yet again. Drinks grabbed, sandwiches stowed, kids lashed to Mother and the feeling of impending fear as another forty-foot gleaming power-boat roars down the waterway towards you. In a welter of boiling foam and diesel fumes, the Gin-palace roars past whilst the revelers cast barely a glance behind at the havoc they have caused.
Moments later, all hell breaks loose as a metre high wake crashes into your craft, scattering objects and breakables in all directions. Then, just as the kids are calmed, dishes collected and tempers are cooling, up goes the cry … “Oh no! Not again!”… I for one, have completely had enough of being tipped all over the place by these irresponsible self-centred souls and I should imagine, so have quite a few others out there. They obviously don’t realise how many people are busy cooking food and boiling kettles whilst moored up during the day.
What the hell can we do about it?
At the time, it seems, precious little. However, the law is firmly in place to attempt to minimise this kind of behaviour. Firstly, get the boat name, make and registration number. If you can only get the name, it’s possible to trace the craft with the relevant authorities later (Department of Boating and Fisheries, Water Police or the Department of Transport).
Lurking behind a paper mountain, if we care to search hard enough for it, is “The Marine Safety Act and Regulations 1995” and it is there (along with many other regulations) to help keep out waterways safe and free from these kind of incidents.
Who can enforce the act?
The Water Police, Department of Boating and Fisheries and Department of Transport do have craft patrolling most frequented areas. Though, naturally enough, they cannot be everywhere at once, so it is up to us, the innocent recipients of those unsafe and dangerous individuals who threaten our safety, to take a few steps of our own.
Here comes that wake!
Should you suffer a ‘waking’ problem of serious proportions don’t just accept it as the norm. Apart from risk of personal, physical injury from falling objects, slipping and so on, there is a graver risk of your craft, even if it is fairly large, of overturning or being completely swamped. Boats were never designed to cope with the sudden huge impact of a thunderous rolling wash and severe strains and damage can be placed on masts, rigging and so on. It is especially dangerous at night as a couple of fishermen, in their Tinny are really vulnerable and if upset, could easily be swept away to drown. Their small single light, low to the water, can easily be missed in the glare of a huge power boat’s instrument panel or easily mistaken for a shore light or distant beacon.
This is the age of the mobile phone, so why not carry the number of the local branch of the Water Police or Department of Boating and Fisheries with you. It’s probably a good idea to have their number on hand anyway. So, you don’t have a phone? What about VHF? Call the offender direct. Try telling him about the damage he’s caused and the offending wash he’s leaving behind him. Better still, tell him how you’ve got his boat name and registration number and just what a great delight it will be to sue the pants off him with the aid of the number of witnesses you have to verify his unsociable behaviour. In fact, should you be amongst a number of moored craft that all suffer a similar ‘waking’ problem, why not get together and bear witness for each other?
Why not give a warning call to the world in general on a suitable frequency to warn others up ahead. Give the area, boat, colour, with any luck, they may be running straight towards a Police Boat anyway.
Where do you stand with the law?
Although I don’t profess to be any kind of legal expert in these matters there is in place, as previously mentioned, “The Marine Safety Act and Regulations, 1995” which is in place specifically to prevent these acts of hooliganism on our waters. A spokesman from the Department of Boating and Fisheries in our local area (Gold Coast, Queensland) confirmed (along with the local Water Police Department) that offences are unfortunately on the increase Australia-Wide, according to statistics.
The spokesman pointed out that the act provides for two separate parts of the act to work in parallel:
1. Penalties for infringement of Speed Limits.
2. Sections of legislation to be proven in Law with regard to incidents of damage and/or injury for excessive wash damage to persons and property.
“It’s possible for civil and criminal charges to be run together,” he said. In other words, you can sue the offender whilst the Department of Boating and Fisheries or the Water Police press charges at the same time for the same or similar offences. It’s a fair bet that your case will be looked on favourably if the relevant Department is also taking action.
However, in order to do so under the law the case must be proven. So, therefore, witnesses must come forth and statements made. It seems a bit un-Australian to do these things but why the hell should we suffer the actions of just a few irresponsible individuals who couldn’t give a damn anyway? It’s just a big laugh for some of those galoots.
I urge small boat owners to stick together, discuss it at your club or at the local Marina. Spread the word, this behaviour isn’t tolerated on the road so why should it be on the water? If successfully prosecuted an offender can be fined a whopping great 200 penalty units (equivalent to $65 per unit).
Waterborne Mosquitoes!
Jet Skis, I’m talking about! Personal Watercraft if you like! The waterborne equivalent of the trail bike. Yes, a great invention, a source of amusement and joy to usually one person… the rider! And they are generally so engrossed with their bit of fun they fail to realise that anyone else is being bothered or endangered. Did you realise that if you are buzzed at speed by a Jet Ski that the owner commits an offence?… and I quote, Section 95 (2) of “The Marine Safety Act and Regulations 1995”
“Also, a person must not operate a personal watercraft at a speed of more than 6 knots in waters within 30m of a person in the waters – Maximum Penalty – 200 penalty units”
So, be warned! That’s a hundred feet in old language… keep away from everyone else if you want to show your prowess!
Alcohol and the Water User
A spokesman for the Water Police also confirmed drunken driving on the water is on the increase due to “an increase in boat numbers on the water” in the last five years. Offenders can be arrested, tested and subject to an on-the-spot fine of $120.00. Serious cases can be escorted to a place of holding, on or off the water and subject to all the indignities that drunken driving awaits them. “We treat drunks on the water the same way as we do on the roads.” Once again, be warned!
I must say that one of my greatest pleasures is to see people out enjoying themselves on the many and varied waterways that we have here in Australia. It doesn’t take a rocket scientist to realise that it is only the idiot minority that are specified. Unfortunately, for the rest of us, it’s on the increase and is an ever present problem that is worse in some areas, notably the more popular and busy waterways, adjacent to the more populated areas of the country.
The aim of this article is to try to impress on a few folks around the country that they don’t have to put up with mindless actions of a couple of twerps in a tinny roaring up and down the canals, or, having to batten down the hatches every time a giant Gin-Palace appears on the horizon in a cloud of spray. Let’s keep our waterways safe, they are unique and pleasurable and available to all and sundry… let’s try and keep them that way!
Here are the relevant sections of the “The Marine Safety Act and Regulations 1995” that apply on the water, cut them out and keep them… They apply to you and I and be aware of the implications. Don’t forget, you have a duty of care to all your fellow boaters, myself included!
The following rules and regulations from The Marine Safety Acts and Regulations Act 1995 (if applicable in NZ) can be used as a breakout box
Speed limit for ship operating near person in water etc:
95.(1) A person must not operate a ship (including a personal watercraft) at a speed of more than 6 knots in waters…
(a) within 30 m of any of the following…
(i) a person in the waters;
(ii) a ship at anchor, moored or made fast to the shore or aground;
(iii) a jetty, wharf, boat ramp or pontoon in or on the waters;
(iv) a float or a structure exhibiting a code A flag or other commonly accepted signal indicating the presence of a diver in the waters; and
(b) for which a speed limit of 6 knots or lower has not been stated under a gazette notice.
Maximum Penalty – 200 penalty units.
(2) Also, a person must not operate a personal watercraft at a speed of more than 6 knots in waters within 60 m of a person in the waters.
Maximum Penalty – 200 penalty units.
Speed limit if ship causing damage by its wash
96. A person must not operate a ship at a speed at which the ship’s wash is reasonably capable of causing…
(a) a marine incident; or
(b) damage to the shoreline.
Maximum Penalty – 200 penalty units.
Chief executive’s power to fix speed limits for ships
206A. (1) The chief executive may fix speed limits for ships by gazette notice.
(2) The gazette notice is subordinate legislation.
(3) A person must not operate a ship at a speed of more than a speed limit fixed under this section.
Maximum Penalty – 200 penalty units.
(4) The chief executive may erect or mark, at a place in waters for which a speed limit is fixed under subsection (1) or adjacent to the waters, a sign (a “speed sign”) stating the speed limit for the waters.
(5) A speed sign may be an official traffic sign except that the speed indicated by the number on the sign is the speed in knots.
(6) This section does not prevent a regulation making provision about speed limits.
(7) If there is an inconsistency between a regulation and a gazette notice, the regulation prevails to the extent of the inconsistency.
Regulation making power
207. The Governor in Council may make regulations under this act.
Terry Buddell is a freelance journalist and a Marine surveyor, boat designer and shipwright,
He lives on board his yacht “The Nicky J Miller’ that he built himself in The Gold Coast Australia and
has sailed his yacht up the East Coast to the beautiful Whitsunday Islands. He is currently resident in Gladstone Queensland where he is building another boat for his collection! Terry can be contacted on arcus1@bigpond.com or http://www.dolphinboatplans.com