Living Aboard in NSW: The Fast Track to Being an Outlaw ?

[sctpc]

Originally Posted by Johnathon123

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If all else fails, tell them that you would like to record the conversation to ensure no misunderstanding, he has his partner as a witness, there is nothing illegal about recording provided you tell the other parties.

They usually calm down PDQ.

In Victoria they record us and video us if there car is close enough and dont have to tell us, so I say get on the ebay and order a waterproof watch recorder $50 and when the harass you have video and voice if you think it worth making a complaint. just be plight and dont let them know.

[Mr B]

Motor cycle riders in Victoria are all getting GPS, head cams, bike cams, front and rear because of the vicpol attitude,
When pulled up they keep recording, Its evidence that can be used in a court of law now,
Even friends now record the the full scene on their camera's, It may even change their bad attitude over time, Knowing that they could be recorded.

And what can they do about it, when they are world wide on youtube,

Two can play the camera game, And when you stand up in court and play the evidence back of the pol with the real bad attitude, They have to believe the video footage that you have produced,

[Surfer Girl]

Shane, I feel for you mate! It sounds like you were given a hard time for no reason and you sound like a very conscientious and environmentally aware boater.

I hesitated to reply to this thread because I am a (recent) former NSW Maritime Boating Officer (guys, they haven't been called MSB or Waterways for many years now). I'll clear a few things up in a legal perspective - yes the Water Police have the jurisdiction and power to enforce all NSW legislation (which fall under Acts & Regulations). NSW Maritime Boating Safety Officers also have far reaching powers under the law but not the power of arrest. I won't go into all the legal details but basically it is an offence to disobey the direction of an 'authorised officer' (police, maritime, fisheries, rangers, etc).

Technically, living aboard (staying in one place, using the boat as your home) is illegal in NSW. Moving around often, having your vessel maintained in good order, having your rego number and rego label clearly displayed on your transom and not doing silly things like pumping out oily bilges or head, etc, will usually keep the authorities off your back.
But yes, there are always people who abuse their power whether they be police, customs, whatever. We have all encountered these types. When I was working for Maritime, I always tried to treat people how I would like to be treated - with patience & respect. There is always a small percentage of d***heads who purposely and arrogantly do the wrong thing but for the most part I found people were either not aware of the legislated requirements (unfortunately not a defence) or just needed some help or advice - I was always happy to give both.

The best general advice I can give you is never argue or loose your cool with an 'authorised officer'. Explain your case calmly but if they do give you a directive, follow it for now. If you feel you were hard done by or abused, make a record of the conversation in a notebook (don't make up stuff) and call the manager to discuss. Unfortunately, there will always be unreasonable personalities in positions of power but arguing heatedly will rarely give you any joy.

Oh, and any conversation recorded by sound (being videoed is legal) is inadmissible in court if the person was not asked or informed prior to the recording - it's good to know your rights.

Mate, I think from your description of events, you were singled out for no good reason. But you worked out the best cure - a stiff following wind and sea Good luck.

[Johnathon123]

Originally Posted by Mr B

Two can play the camera game, And when you stand up in court and play the evidence back of the pol with the real bad attitude, They have to believe the video footage that you have produced,

not necessarily!

You, must prove that the video is unaltered and that you had permission to record.

Easiest way to prove it is unaltered is to offer to email the officer a copy on tape. And then do it before they leave the scene from your phone.

[surfmachine]

Shane, maaaate! I copped in WA from the national parks officer on Rottnest Island, pulled into a deserted bay in front of the Quokka Arms Hotel, after a 2 day single handed passage from Margaret River, hooked onto an outside buoy, next instant, a big rib pulls up and some uniform starts writing out a ticket, without a word. " Have to book the moorings over the net pal, here's ya fine and ph off now. Happy Easter!" I did not know anything about it, no signs etc?

Here in Lagundri BAy, Nias, never a harsh word, all warm smiles and welcomes!

Well, it rained and blew onshore all saturday here, but this sunday morning saw double overhead galssy surf in Nias, got 14 waves before brekky!
Baked me first loaf of bread yesterday, a blinder, was eaten before it got cold, fresh tinned dutch butter and mulberry jam, yummy, a big loaf too, couldn't make dinner as so full!

Just cooking up 7 smallish mackeral for dinner tonight, got em off the loacal fisherman passing by, fridge has blown up so they wont keep in the heat until tonight.

How they hanging wid u Shane?

Cheers from a surfed out Keith.

Keith.

[Mr B]

Originally Posted by Johnathon123

not necessarily!

You, must prove that the video is unaltered and that you had permission to record.

Easiest way to prove it is unaltered is to offer to email the officer a copy on tape. And then do it before they leave the scene from your phone.

Just tell them that you are videoing the scene and you are gathering evidence that you may use in court.
They cannot interfere with evidence That will be used in a court room.
Thats a criminal offence, Whether they are in it or not,

[Aussie Sealady]

I have stayed overnight occasionally at the coutesy moorings near the Spit Bridge in Sydney Harbour. No problem. I think your problem may be that you are living on board. Which in my understanding is illegal. Yes Yes I know lots of people do it.
I even 'lived' on board for 2 weeks before Christmas in Rushcutters Bay. For you international folk that is the home of the Sydney to Hobart yacht race which starts on Boxing Day, the day after Chirstmas Day. And despite being reminded it was 'illegal' I had everyone be courteous and helpful.
p.s.
When watching blokes (men) walk off multimillion dollar racing boats, and you see 12 fit, tall muscular, suntanned ( grrr) men plus one short,fat,balding man you wonder WHO OWNS THE BOAT!!!!

Diana

[Aussie Sealady]

I will add. I have been hassled for sailing the WRONG WAY, i.e. sailing east near Bradleys Head up Sydney Harbour towards the heads by officials.

I sail a 25 footer.

And for having my dog on board.
But on the other hand.

Had initially abuse by officials then help when my engine failed on Australia Day, whilst going under the Bridge just before the ferry race. The ferries had to go around me.

Engines fail at the most inappropriate times.
Had a really close up view of the ferry race.

p.s.
They put me on a police mooring and I soothed my nerves with a cold glass of chardy.

[hoppy]

Geeez you guys are making it difficult for me to want to move back home someday. Aus is sounding more and more like a f@cked up nanny state. I am mentally prepared to deal with the speed camera taxation, but comments about police harassment of motorcycles and jumping on cruisers really makes me wonder if it is really worth returning.

[Boracay]

Its not that bad really.

One learns where the cameras are after a while ( a good GPS helps), a loud Harley doesn't have the same meaning after the "bikies" feature on TV a few times and if one looks like one complies the authoritative types mostly have better things to do.

And remember that old nursery rhyme that starts "Baa, Baa black sheep"...

[Mr B]

Wrong, In Vic, they cant get you for speeding, Its now fender eliminaters,

I ride a Honda Blackbird, Full fairing, Sports bike, Its the sports bikes they are hassling,
They might pick on a bad one on a Harley, So They leave them alone,

Single white lines, They sit up in trees with camoflague gear on and take piccys of you crossing the white line, You get picked up a couple of miles down the road, If youve been speeding, They have the truck parked there and put your bike on it, Confiscated,

45 kays over, compulsory loss of licence on the spot,and bike impounded,

Sorry about the off topic,

Glad I am going sailing, I am safe on the water,

Port Phillip Bay and Western Port Bays, Its illegal for live aboards,

I dont know why, We have toilets and showers on board, All tanked,
So we are complying with any health and or environment issues,

But speed boats and day trippers dont and they just turf every thing over the side,

So why the bad issue with live aboards,

[hoppy]

Originally Posted by Mr B

Wrong, In Vic, they cant get you for speeding, Its now fender eliminaters,

I ride a Honda Blackbird, Full fairing, Sports bike, Its the sports bikes they are hassling,
They might pick on a bad one on a Harley, So They leave them alone,

Single white lines, They sit up in trees with camoflague gear on and take piccys of you crossing the white line, You get picked up a couple of miles down the road, If youve been speeding, They have the truck parked there and put your bike on it, Confiscated,

45 kays over, compulsory loss of licence on the spot,and bike impounded,

Sorry about the off topic,

Glad I am going sailing, I am safe on the water,

Port Phillip Bay and Western Port Bays, Its illegal for live aboards,

I dont know why, We have toilets and showers on board, All tanked,
So we are complying with any health and or environment issues,

But speed boats and day trippers dont and they just turf every thing over the side,

So why the bad issue with live aboards,

My past 2 bikes have been Ducatis with race pipes. I have been thinking I would like a Triumph Thunderbird cruiser when I move home to make keeping the pace down more managable. Loud pipe are a must as all car drivers seem to be doing these days is looking at the speedo and scanning for cameras.

[Geoduck]

always carry a good supply of jelly donuts!

[SurferShane]

Originally Posted by hoppy

Geeez you guys are making it difficult for me to want to move back home someday. Aus is sounding more and more like a f@cked up nanny state. I am mentally prepared to deal with the speed camera taxation, but comments about police harassment of motorcycles and jumping on cruisers really makes me wonder if it is really worth returning.

NSW is definitely leading the nanny state, over-regulation and political correctness race. It is almost like everything normal is nowadays somehow restricted or even prohibited. Still, like I said to the officer, "I am sailing my way up to Brisbane; living aboard is still allowed up there" (i.E "So there's not much you can do about that!").

Likewise, states like Tasmania are still pristine cruising grounds with very few restrictions.

[SurferShane]

Originally Posted by surfmachine

Shane, maaaate! I copped in WA from the national parks officer on Rottnest Island, pulled into a deserted bay in front of the Quokka Arms Hotel, after a 2 day single handed passage from Margaret River, hooked onto an outside buoy, next instant, a big rib pulls up and some uniform starts writing out a ticket, without a word. " Have to book the moorings over the net pal, here's ya fine and ph off now. Happy Easter!" I did not know anything about it, no signs etc?

Here in Lagundri BAy, Nias, never a harsh word, all warm smiles and welcomes!

Well, it rained and blew onshore all saturday here, but this sunday morning saw double overhead galssy surf in Nias, got 14 waves before brekky!
Baked me first loaf of bread yesterday, a blinder, was eaten before it got cold, fresh tinned dutch butter and mulberry jam, yummy, a big loaf too, couldn't make dinner as so full!

Just cooking up 7 smallish mackeral for dinner tonight, got em off the loacal fisherman passing by, fridge has blown up so they wont keep in the heat until tonight.

How they hanging wid u Shane?

Cheers from a surfed out Keith.

Keith.

I dumped the ocean kayak which made room for my quiver on deck. Within the week I will be heading for Angourie and Lennox ready for action. The trip will hopefully give me the extra bit of confidence to get the boat finished for some serious offshore cruising searching for surf well away from NSW's absurd regulations.