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Old 26-08-2012, 19:51   #31
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Re: Yacht, not under command

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Originally Posted by Reefmagnet View Post
A few years ago the water police around here came out and said that you can be charged with being over the limit unless you boat is attached to either a fixed mooring or marina berth. Technically this means that you need to stay sober when on the hook if you are the skipper.
That they may have said. Thats not what the law (in my view) says. The provisions of the Transport Operations (Road Use Management) Act create an offence for being in charge of a vessel THAT IS BEING USED OR APPARENTLY about to be used for the purpose of navigation.

see attached article (published in Coastal passage and elsewhere) for a discussion of MY point of view. And like the last paragraph in the article says, I dont condone drink navigating - at all. Equally I don't condone badly written and poorly enforced laws. Note this applies to the law in Queensland.

Above all else, stay sober and practice good seamanship, But before you plead guilty to anything - get competent advice.
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File Type: pdf Drink Navigating2.pdf (117.6 KB, 39 views)
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Old 26-08-2012, 20:04   #32
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Re: Yacht, not under command

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Like standing beside your car with keys in your pocket your screwed,

Cheers Frank
Nope - see Section 79(6) of the Transport Operations Road Use Management Act.
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Old 26-08-2012, 21:06   #33
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Re: Yacht, not under command

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The attitude , as mentioned above is the deal maker or breaker and I saw one with his ticket book out as they approached this stink boat - he got done for mixing old flares with new!.
Thats interesting - I can find no offence in the Transport Operations Marine Safety Act or Regulation for having possession of expired safety equipment. Be interested to know specifically what he was charged with.

Drop by for a mineral water next time you are on your boat. Like to chat about it.
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Old 26-08-2012, 21:16   #34
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Re: Yacht, Not Under Command

How many people even own an anchor ball? I've never been queried about the lack of it and when trying to determine whether a vessel was anchored or not, I would be unlikely to even think of looking for an anchor ball. I know, if it goes to court the guy with the black balls wins.
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Old 26-08-2012, 21:39   #35
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Re: Yacht, Not Under Command

Unlike a motor vehicle, the person on the helm of a boat or ship is not necessarily in command of the vessel. The water cops, some of whom do not understand the distinction might see it differently.

On a ship it is rarely the case that the helmsman is in charge of the watch.

There are times when the master can be asleep, the watch officer has the watch and the helmans only responsibility is to steer a straight course.
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Old 26-08-2012, 21:54   #36
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Re: Yacht, Not Under Command

Recreational ships

The skipper must have a blood alcohol limit of less than 0.05, the same rules as on the road. The skipper is also responsible for the safety of the passengers and should be responsible for their alcohol consumption. The effects of alcohol are enhanced while on the water due to the sun, wind, waves and constant motion. Reflexes and response times to emergencies are slowed and swimming ability deteriorates considerably.
Skippers of recreational boats should also be aware that, when their boat is anchored, it may still be considered to be used for navigation, and the blood alcohol limit applies. The limit does not change unless the boat is securely moored in a marina, to a jetty or wharf or on a swing mooring.
Commercial ships

The rules for commercial ships are different to those for recreational ships. The blood alcohol limit for a skipper whilst in charge of a class 1 commercial ship is zero.
Section 79 of the Transport Operations (Road Use Management) Act 1995 (PDF, 1.2MB)refers to driving and so on whilst under influence of liquor or drugs or with prescribed concentration of alcohol in blood or breath.
Suspension of a marine licence

If the holder of any marine licence has been convicted of a drink driving offence in a road motor vehicle, their marine licence can be cancelled or suspended.

Alcohol rules (Maritime Safety Queensland)
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Old 26-08-2012, 22:08   #37
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Re: Yacht, Not Under Command

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That link in part says

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Skippers of recreational boats should also be aware that, when their boat is anchored, it may still be considered to be used for navigation, and the blood alcohol limit applies. The limit does not change unless the boat is securely moored in a marina, to a jetty or wharf or on a swing mooring.
Its not what the law says.
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Old 26-08-2012, 22:27   #38
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Re: Yacht, Not Under Command

Boy, it sure sounds like things have changed down under.
When I cruised the Queensland coast in 1976, it was "No worries mate"; anchor where you will, drink as much as you care to and go wherever you want.
No water cops ANYWHERE.
Getting "pissed" with you Aussies in the pub was pretty much a full time occupation except when I was scalloping out of Bundy, prawning out of Mackay or sport fishing for "blacks" out of Cairns.
Do they let you have ANY fun, anymore?
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Old 27-08-2012, 03:41   #39
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Re: Yacht, Not Under Command

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Do they let you have ANY fun, anymore?
Of course they do!

as long as you have a permit.....
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Old 27-08-2012, 19:40   #40
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Re: Yacht, not under command

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OK, lets see if this is the same as the east coast!

In the west, the average recreational boat (i.e. one with an engine) has to have a skipper and he/she must be carrying a recreational skippers ticket (RST). They have to be sober (0.05). They may elect to have someone else on the helm; if so, the person on the helm also has to be sober (0.05) but doesn't need an RST.

So you as say owner and skipper (with a RST) wants to indulge in a few sherbets; you may decide to appoint another skipper. That is OK providing the appointed skipper holds a RST. The new skipper who must be sober can either be on the helm or not; if not they must appoint a sober helm's person.

Same in the east (Qld, NSW or Vic) or not?
From a recreational point of view, its no different to having a desso drive your car. I would think they should be at the helm, yes. You mention RST, I assume that is for power boats in WA. In yachts you dont need any licence here (nsw).
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Old 27-08-2012, 19:46   #41
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Re: Yacht, Not Under Command

Because this thread already has all kinds of stuff going on I thought I'd post this video of a passing situation I shot last Sunday.

Pretty typical around here.

Changi Channel Traffic - YouTube
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Old 27-08-2012, 19:48   #42
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Re: Yacht, Not Under Command

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I am curious as to why Aussies are incensed with alcohol???
part of our culture.. Just like the french like champagne, the Italians like their reds and the mid west likes its religion I guess.
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Old 27-08-2012, 19:53   #43
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Re: Yacht, not under command

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Suck up the safety checks and "always" pass the Attitude Test.
Words to live by.
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Old 27-08-2012, 20:14   #44
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Re: Yacht, Not Under Command

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Originally Posted by Ex-Calif View Post
Because this thread already has all kinds of stuff going on I thought I'd post this video of a passing situation I shot last Sunday.

Pretty typical around here.

Changi Channel Traffic - YouTube
Great vid. Singapore is certainly a mad harbor. I Raced on Hong Kong harbour many years ago. WOW talk about needing a proper lookout lol.

But no, the sailboats dont have right of way. Under colregs, there is no such thing. There is only Stand On and Burdened vessels. But to use laymans language, the sailboats have to give way (burdened) as the ship alone is RAM (Restricted in ability to Manouver) as she is under tow. Without the tow, she would still be the Right of way (Stand on) vessel as she would be deemed CBT (constrained by draft) and the sailboats would still be Burdened.

The crane barge is an interesting one. Perhaps RAM, as it certainly wouldnt be able to maneuver very well. With its shallow draft, I doubt it is CBT though. Perhaps some one can set me straight on this one. But thats my guess.
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Old 27-08-2012, 20:16   #45
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Re: Yacht, not under command

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Originally Posted by ozskipper View Post
From a recreational point of view, its no different to having a desso drive your car. I would think they should be at the helm, yes. You mention RST, I assume that is for power boats in WA. In yachts you dont need any licence here (nsw).
So how do you go if you sail into QLD waters when your auxiliary motor exceeds 6hp.....?
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Recreational boats are those used for recreational purposes and are not for any type of business, trade or commerce. A licence is required to operate any recreational boat which is powered by an engine power greater than 4.5 kW (over 6 hp).
Licensing (Maritime Safety Queensland)
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