Western Australian Consolidated Regulations Western Australian Consolidated Regulations (1) Subject to
subregulation (2), the provisions of Section 18 of the Code are
incorporated in these regulations and shall extend and apply to and in respect
of all hire and drive vessels and voyages of hire and drive vessels.
(2) The incorporation
and application of Section 18 of the Code by subregulation (1) is
subject to the following modifications —
(a) in
clause 1.2 —
(i)
paragraphs 1, 2 and 3 shall be deleted;
(ii)
paragraph 6 is amended by inserting after
“devices” the following —
“
and includes paddle boats of the foot or hand‑driven types
”; and
(iii)
for paragraph 8, there shall be substituted the
following —
“
1.2.8 The term “Houseboat” means any
vessel or pontoon that is held or let —
(a) as a
place of habitation whether such use be temporary, intermittent or permanent;
(b) as a
place for accommodating or receiving persons for purposes of shelter,
recreation, entertainment or refreshment; or
(c) as
club or business premises,
but does not include a vessel being temporarily used for any of the
purposes in subparagraphs (a), (b) or (c) of this paragraph if the vessel
is normally employed in carrying goods or passengers, or both, for reward or
plying for hire for the carriage of goods or passengers, or both. ”;
(b) in
clause 2.4 —
(i)
by inserting at the end of paragraph 1 the
following —
“ Penalty: $500. ”;
(ii)
for paragraph 2 there shall be substituted the following
paragraphs —
“
2.4.2 The owner of a hire and drive vessel shall
not allow that vessel to be hired out unless the equipment required by
clause 2.2 is on board the vessel and, if necessary, secured to the
vessel.
Penalty: $500.
”
“
2.4.3 The hirer of a hire and drive vessel shall at
all times keep the equipment on board the vessel, and if necessary, secured to
the vessel and shall, on demand by an authorized person, produce the equipment
for his inspection.
Penalty: $500.
”;
(c)
clause 2.5 shall be deleted;
(d) for
the heading above clause 3.1, the following shall be
substituted —
“ PART
3 — LICENSING OF OWNERS AND REGISTRATION AND INSPECTION OF
VESSELS ”;
(e) for
clause 3.1, the following shall be substituted —
“
3.1 Owners to be licensed and Hire and Drive vessels to be
Registered
3.1.1 The
owner of a hire and drive vessel shall not allow that vessel to be hired out
unless —
3.1.1 (a)
he is licensed under this Part as the owner of the hire and drive
vessel;
3.1.1 (b)
current registration has been issued by the Authority for the vessel;
and
3.1.1 (c)
a registration plate or equivalent is displayed on the vessel or the
vessel is marked in accordance with directions given under 3.3.2.
3.1.2 (1) Before a vessel is used as a hire and drive
vessel the owner shall —
3.1.2 (1) (a)
make an application to the Authority for a licence as the owner of the
hire and drive vessel; and
3.1.2 (1) (b)
pay to the Authority the fee of $495.40, which shall, if the
application is approved, include the issue of the licence and is not
refundable if the application is not approved.
3.1.2 (2) A licence as the owner of a hire and drive vessel
is valid for 1 year and may be renewed annually on the payment to the
Authority of a renewal fee of $37.
3.1.2 (3) Where a person has acquired an existing hire and
drive operation, that person shall be entitled to carry on that
operation —
(a) if
the person makes an application for a transfer of the existing licence;
(b) upon
payment of a transfer fee of $243.20 to the Authority; and
(c)
provided the person operates the hire and drive operation from the same
location and complies with all existing conditions of the licence.
3.1.3 Upon receiving an application and payment of the fee
referred to in clause 3.1.2, the Authority may issue a licence to the
owner of a hire and drive vessel and may attach conditions to the licence as
to any or all of the following matters:
3.1.3 (a)
the approval of a public or local authority having responsibility for the
management of the land above high water in the area where the vessel is
intended to be operated or the waters where the vessel is intended to be
operated;
3.1.3 (b)
the limits of the area where the vessel may be hired;
3.1.3 (c)
compliance with any or all of the requirements of clause 4.4 below;
3.1.3 (d)
the suspension of hire operations in the event of the existence of specified
wind or weather conditions;
3.1.3 (e)
the provision of a suitable rescue craft, registered under the Act, available
for immediate use at all times when a vessel is hired;
3.1.3 (f)
continuous surveillance of vessels on hire;
3.1.3 (g)
the maximum number of vessels which may be hired out;
3.1.3 (h)
survey requirements and the payment of survey fees;
3.1.3 (i)
the provision of life jackets or aids to buoyancy and their use by hirers;
3.1.3 (j)
the regulation of the use of hired vessels;
[(k) deleted]
3.1.3 (l)
the register book referred to in clause 4.1 below; and
3.1.3 (m) the
temporary or permanent variation of conditions by the Authority on payment of
a variation fee of $93.40.
3.1.4 Every licence issued subject to conditions shall contain a
statement to the effect that the failure of owners to comply with the
conditions of a licence may constitute an offence under Section 55 of the
Act.
3.1.5 In
the event that the holder of a licence as owner of a hire and drive vessel is
or has been convicted of an offence concerned with or related to the hire of
vessels, the Authority may suspend or cancel his licence.
”;
(f)
after clause 3.3.1, the following shall be inserted —
“
3.3.2 Notwithstanding 3.3.1(c) above, the Authority, instead of
issuing a registration plate or equivalent as required by 3.3.1(c), may direct
the owner of the vessel to paint or otherwise mark on the vessel an
identification number, the maximum number of persons that the vessel is
registered to carry and the word “HIRE” on the part of the vessel
and in the manner specified in the direction.
”;
(g) for
the heading to clause 3.4 the following shall be
substituted —
“ Display of
Registration Plate or Identification Number
”;
(h) for
clause 3.4.1, the following shall be substituted —
“
3.4.1 A registration plate or equivalent issued in accordance
with 3.3.1(c) above shall be firmly affixed in a conspicuous position on the
hire and drive vessel.
Penalty: $500.
3.4.2 The
owner of a hire and drive vessel shall comply with a direction given to him by
the Authority under 3.3.2 and shall maintain the relevant markings on the
vessel in clear and legible condition.
Penalty: $500.
”;
(i)
clause 3.10 shall be deleted;
(j) for
the heading to clause 3.11, the following shall be
substituted —
“ Vessels
without Registration or Survey Certificate
”;
(k) in
clause 3.11.1 —
(i)
after “current registration” there shall be
inserted the following —
“ or current
survey certificate ”; and
(ii)
after “equivalent” there shall be inserted
the following —
“ or mark
”;
(l)
after 3.12.1, the following shall be inserted —
“ Penalty: $500.
”;
(m) in
clause 3.13 —
(i)
for paragraph 1, the following shall be
substituted —
“
3.13.1 The owner of a hire and drive vessel shall
make a report in writing to the Authority concerning any accident or damage
affecting the seaworthiness of a vessel or any death or injury to a person.
”;
and
(ii)
after paragraph 2, the following shall be
inserted —
“ Penalty: $500.
”;
(n) in
clause 4.1.1, for “The owner of a hire and drive vessel”
there shall be substituted —
“ Where the
owner of a hire and drive vessel is so required as a condition of his licence,
he ”;
(o)
after 4.2.2, the following shall be inserted —
“ Penalty: $500.
”; and
(p)
after 4.3.1(b), the following shall be inserted —
“ Penalty: $500.
4.3.2 Subject to
4.3.3,
(a) a
person under the age of 17 years shall not drive or operate a hire and
drive vessel which is a mechanically propelled vessel capable of or designed
for a speed in excess of 12 knots;
(b) the
owner or the hirer of a vessel referred to in paragraph (a) above, shall
not knowingly permit or suffer the vessel to be driven or operated by a person
under the age of 17 years.
Penalty: $300.
4.3.3 The provisions
of 4.3.2 do not apply to or in relation to the driving or operation of a
vessel by a person who is not less than 14 years of age and is
accompanied in the vessel by a person not less than 21 years of age.
”.
[Regulation 4 amended in Gazette
12 Aug 1988 p. 2714; 1 Aug 1990 p. 3644;
26 Jul 1991 p. 3928; 30 Jun 1992 p. 2906;
29 Jun 1993 p. 3185‑6; 14 Jun 1994
p. 2487; 11 Jul 1995 p. 2948; 25 Jun 1996
p. 3000; 27 Jun 1997 p. 3142; 12 May 1998
p. 2791; 20 Jun 2000 p. 3063; 27 Jul 2001
p. 3804; 14 Jun 2002 p. 2826; 27 Jun 2003
p. 2534; 25 Jun 2004 p. 2263; 24 Jun 2005
p. 2781; 23 Jun 2006 p. 2212; 12 Jun 2007
p. 2729‑30; 24 Jun 2008 p. 2897;
24 Oct 2008 p. 4674; 21 Jun 2011 p. 2240.]