Div 8Rules for certain bridges

Division 8—Rules for certain bridges 133—Birkenhead Bridge (1) The operator of a vessel approaching the Birkenhead Bridge during its operating times and requiring the bridge to be opened must contact the person operating the bridge in accordance with any procedure determined by the CE for the purposes of this subregulation— (2) The operator of a vessel who does not intend to navigate under the bridge after requesting the opening of the bridge in accordance with subregulation (1) must immediately notify the person operating the bridge of that fact— (3) The operator of a vessel must not allow the vessel to approach within 100 m of the bridge with the intention of passing through the bridge until the bridge is fully opened. (4) Subject to any direction of the operator of the bridge to the contrary, the operator of a vessel must ensure that the vessel, when being navigated under the bridge, is only operated within the navigation pass. (5) The operator of a vessel must not cause or allow the vessel to approach the bridge or attempt to negotiate the navigation pass unless the vessel can be maintained under safe control throughout the manouevre. (6) If 2 vessels are approaching the bridge from opposite directions simultaneously, the operator of the vessel proceeding upstream must give the vessel proceeding downstream priority of passage through the navigation pass unless it is safe for both vessels to pass through the navigation pass simultaneously. (7) In this regulation— operating times, in relation to the Birkenhead Bridge, means the operating times determined by the CE for the purposes of this regulation. 134—Port River Expressway Bridges (1) The operator of a vessel approaching a Port River Expressway Bridge during its operating times and requiring the bridge to be opened must contact the person operating the bridge in accordance with the procedure determined by the CE for the purposes of this subregulation— (2) Without limiting subregulation (1), the procedure determined by the CE for the purposes of that subregulation may include a requirement that the operator of a vessel provide the person operating the bridge with the following information: (a) the registration number or other identification number of the vessel; (b) the name of the vessel; (c) a description of the vessel; (d) the location of the vessel; (e) a mobile phone number, or a VHF radio frequency, on which the operator can be contacted. (3) The CE may, by notice in the Gazette, exempt the operator of a vessel, or class of vessels, referred to in subregulation (1) from complying with the requirements of that subregulation in the circumstances set out in the notice. (4) The operator of a vessel who does not intend to navigate under a Port River Expressway Bridge after requesting the opening of the bridge in accordance with subregulation (1) must immediately notify the person operating the bridge of that fact— (b) by VHF radio on a frequency determined by the CE for the purposes of this subregulation. (5) The operator of a vessel approaching or navigating under a Port River Expressway Bridge during its operating times and requiring the bridge to be opened must, if the vessel is fitted with a VHF radio, cause a radio watch to be maintained on the frequency determined by the CE for the purposes of this subregulation while the vessel is within 100 m of the bridge. (6) The operator of a vessel navigating under a Port River Expressway Bridge, or approaching a Port River Expressway Bridge, must comply with the following provisions: (a) the operator must comply with any vessel traffic control signals operating at the time on, or in relation to, the bridge; (b) the operator must comply with any directions of the person operating the bridge; (c) the operator must not allow the vessel to approach within 100 m of the bridge with the intention of navigating under the bridge while the bridge is in the process of opening or closing; (d) without limiting paragraph (a) or (b), if the vessel does not require the bridge to be opened to navigate under the bridge, the operator must give way to any vessel approaching a Port River Expressway Bridge or passing through the navigation pass of a Port River Expressway Bridge that does require the bridge to be so opened; (e) if no vessel traffic control signals are operating at the time on, or in relation to, the bridge and the vessel is approaching the bridge proceeding upstream, the operator must give any vessel proceeding downstream priority of passage through the navigation pass (and the operator must wait until the vessel proceeding downstream is clear of the bridge before proceeding under the bridge) unless it is safe for both vessels to pass through the navigation pass simultaneously; (f) subject to any direction of the person operating the bridge to the contrary, the operator must ensure that the vessel, when being navigated under the bridge— (i) in the case of a sailing vessel, operated under sail power alone, that does not require the bridge to be opened to navigate under the bridge—is not operated within the navigation pass; or (ii) in any other case—is only operated within the navigation pass; (g) subject to any direction of the person operating the bridge to the contrary, the operator must not reverse direction while passing through the navigation pass; (h) the operator must not approach the bridge or attempt to navigate under the bridge unless the vessel can be maintained under safe control throughout the manouevre; (i) the operator must not remain in— (i) the navigation pass; or (ii) the area within 100 m of the bridge, unless intending to navigate under the bridge (and, having navigated under the bridge, must not remain in the area within 100 m on the opposite side of the bridge); (j) the operator must not allow the vessel to approach within 100 m of the bridge or attempt to navigate under the bridge with the vessel's sail or sails (if any) wholly or partly raised or unfurled; (k) in the case of a vessel with a beam of more than 10 m, or a displacement of more than 200 tonnes—the operator must not allow the vessel to approach within 100 m of the bridge or attempt to pass through the navigation pass without the approval of the CE; (l) in the case of a sailing vessel, operated under sail power alone, that does not require the bridge to be opened to navigate under the bridge—the operator must not stop the vessel within 10 m of the bridge. Maximum penalty: $5 000. (7) Subject to this regulation, a person who contravenes a provision of subregulation (6) is guilty of an offence. (8) Paragraphs (a), (i) and (j) of subregulation (6) do not apply to the operator of a sailing vessel, operated under sail power alone, that does not require the bridge to be opened to navigate under the bridge. (9) Subregulation (6)(i)(ii) does not apply to the operator of a vessel entering or leaving a lawfully constructed temporary berthing facility located within 100 m of a Port River Expressway Bridge. (10) It is a defence to a charge of an offence under subregulation (6) for the defendant to prove that the defendant was taking part in a rescue operation or otherwise acting in an emergency. (11) If a vessel appears from evidence obtained through the operation of a camera installed by the CE on, or in the immediate vicinity of, the Port River Expressway Bridges to have been involved in the commission of an offence against subregulation (6), the owner of the vessel is guilty of an offence against this subregulation unless it is proved— (a) that although the vessel appears to have been involved in the commission of the offence, no such offence was in fact committed; or (b) that the owner, or, if the owner is a body corporate, an officer of the body corporate acting with the authority of the body corporate, has furnished to the CE a statutory declaration stating the name and address of some person other than the owner who was the operator of the vessel at the time; or (c) that— (i) if the owner is a body corporate—the vessel was not being operated at the time by any officer or employee of the body corporate acting in the ordinary course of their duties as such; and (ii) the owner does not know and could not by the exercise of reasonable diligence have ascertained the identity of the person who was operating the vessel at the time; and (iii) the owner, or, if the owner is a body corporate, an officer of the body corporate acting with the authority of the body corporate, has furnished to the CE a statutory declaration stating the reasons why the identity of the operator is not known to the owner and the inquiries (if any) made by the owner to identify the operator. (12) If there are 2 or more owners of the same vessel— (a) a prosecution for an offence against subregulation (11) may be brought against 1 of the owners or against some or all of the owners jointly as co‑defendants; and (b) if the case for the prosecution is proved and a defence is not established under subregulation (11)(a), the defendant or each of the defendants who does not establish a defence under subregulation (11)(b) or (c) is liable to be found guilty of an offence against subregulation (11). (13) If an offence against subregulation (6) or (11) is alleged, and the allegation is based (wholly or in part) on evidence obtained through the operation of a camera installed by the CE on, or in the immediate vicinity of, the Port River Expressway Bridges, an expiation notice, an expiation reminder notice or summons in respect of the offence must be accompanied by a notice containing the information set out in Schedule 10. (14) If— (a) an expiation notice for an offence against subregulation (6) is given to a person named as the alleged operator in a statutory declaration under this regulation; or (b) proceedings for an offence against subregulation (6) are commenced against a person named as the alleged operator in such a statutory declaration, the notice or summons, as the case may be, must be accompanied by a notice setting out particulars of the statutory declaration that named the person as the alleged operator. (15) The particulars of the statutory declaration provided to the person named as the alleged operator must not include the address of the person who provided the statutory declaration. (16) If a person is found guilty of, or expiates, an offence against subregulation (6), neither that person nor any other person is liable to be found guilty of, or to expiate, an offence against subregulation (11) in relation to the same incident. (17) If a person is found guilty of, or expiates, an offence against subregulation (11), neither that person nor any other person is liable to be found guilty of, or to expiate, an offence against subregulation (6) in relation to the same incident. (18) A person who, without proper authority or reasonable excuse, interferes with a camera installed on, or in the immediate vicinity of, the Port River Expressway Bridges by the CE, or a vessel traffic control signal, or the proper functioning of such devices, is guilty of an offence. (19) In proceedings for an offence against this regulation— (a) a data storage device produced by the prosecution will be admitted in evidence if the images recorded on the device were recorded by a camera installed by the CE on, or in the immediate vicinity of, the Port River Expressway Bridges, and a denotation as to date, time and location that appears as part of such a device, or on such images, is, in the absence of proof to the contrary, proof of the date, time and location at which the images on the device were recorded by the camera; (b) a certificate produced by the prosecution and apparently signed by the CE or a delegate of the CE certifying that a specified camera used at a specified location during a specified period was a camera installed by the CE is, in the absence of proof to the contrary, proof of that fact; (c) a certificate produced by the prosecution and apparently signed by the CE or a delegate of the CE that a specified camera was designed and set to operate according to a specified system during that period is, in the absence of proof to the contrary, proof that the camera was designed and set to operate according to that system during that period and did, in fact, so operate; (d) a certificate produced by the prosecution and apparently signed by the CE or a delegate of the CE certifying that a specified vessel traffic control signal— (i) was designed and set to operate automatically according to a specified system during a particular period; or (ii) was designed and set to be operated manually according to a specified system during a particular period, is, in the absence of proof to the contrary, proof that the vessel traffic control signal was designed and set to operate automatically or manually (as the case requires) according to the system and did, in fact, so operate; (e) a certificate produced by the prosecution and apparently signed by the CE or a delegate of the CE certifying that a specified person was the person operating a Port River Expressway Bridge at a specified time and on a specified date is, in the absence of proof to the contrary, proof of the matters so certified; (f) a certificate produced by the prosecution and apparently signed by the CE or a delegate of the CE certifying that a specified vessel traffic control signal was operated manually in a specified manner at a specified time and on a specified date by the person operating a Port River Expressway Bridge is, in the absence of proof to the contrary, proof of the matters so certified. (20) For the purposes of this regulation, the operator of a vessel complies with a vessel traffic control signal if the operator complies with the following provisions: (a) the operator of a vessel that is more than 100 m from a Port River Expressway Bridge must not approach to within 100 m of the bridge if a vessel traffic control signal is showing an illuminated solid or flashing red light to vessels travelling in the same direction as the vessel; (b) the operator of a vessel that is within 100 m of a Port River Expressway Bridge must navigate through the navigation pass of the bridge if a vessel traffic control signal is showing an illuminated solid green light to vessels travelling in the same direction as the vessel; (c) subject to a direction of the person operating the bridge to the contrary, the operator of a vessel that is within 100 m of a Port River Expressway Bridge but outside of the navigation pass of that bridge— (i) must not enter the navigation pass of the bridge; and (ii) must immediately reverse direction and exit the area within 100 m of the bridge, if a vessel traffic control signal is showing an illuminated solid red light to vessels travelling in the same direction of the vessel (whether or not the vessel traffic control signal was showing an illuminated solid green light to vessels travelling in the same direction as the vessel at the time the vessel approached to within 100 m of the bridge); (d) subject to a direction of the person operating the bridge to the contrary, the operator of a vessel that is within 100 m of a Port River Expressway Bridge but outside of the navigation pass of that bridge must either— (i) pass through the navigation pass; or (ii) immediately reverse direction and exit the area within 100 m of the bridge, if a vessel traffic control signal is showing an illuminated flashing red light to vessels travelling in the same direction of the vessel (whether or not the vessel traffic control signal was showing an illuminated solid green light to vessels travelling in the same direction as the vessel at the time the vessel approached to within 100 m of the bridge); (e) in the case of a vessel traffic control signal consisting of a sign (whether electronic or otherwise) displaying directions in writing to vessels approaching a Port River Expressway Bridge—the operator of a vessel within 100 m of a Port River Expressway Bridge must comply with any direction displayed on the vessel traffic control signal. (21) Subregulation (20)(b), (c) and (d) do not apply to the operator of a vessel moored at a lawfully constructed temporary berthing facility located within 100 m of the bridge. (22) In this regulation— operating times, in relation to a Port River Expressway Bridge, means the operating times determined by the CE for the purposes of this regulation; owner of a vessel means— (a) a person who is the sole owner, a joint owner or a part owner of the vessel; or (b) a person who has possession or use of the vessel under a credit, hire‑purchase, lease or other agreement, except an agreement requiring the vessel to be registered in the name of someone else, and includes a registered owner of the vessel; registered owner, in relation to a vessel, means the person to whom a certificate of registration for the vessel has been issued; vessel traffic control signal means a visual or audible device, or a combination of visual and audible devices, (whether electronic or otherwise) installed on, or in the immediate vicinity of, a Port River Expressway Bridge regulating 1 or more of the following: (a) entry of vessels to the area lying within 100 m of a Port River Expressway Bridge; (b) navigation of vessels (including direction of travel) within the area lying within 100 m of a Port River Expressway Bridge; (c) entry to and exit from the navigation pass of a Port River Expressway Bridge; (d) any other matter related to the prevention of damage to a Port River Expressway Bridge. 135—Exemptions (1) The CE may, on such conditions as the CE thinks fit, exempt the owner or operator of a vessel from the obligation to comply with a requirement of regulation 134. (2) The CE may, by written notice to the holder of an exemption, revoke the exemption or impose further conditions if there are, in the CE's opinion, proper reasons for doing so. 136—Hindmarsh Island Bridge (1) This regulation applies to a vessel that is more than 10 m in length and the operator of which intends to navigate under Hindmarsh Island Bridge. (2) The operator of a vessel must ensure that the vessel, when being navigated under the bridge, is only operated within the navigation pass. (3) The operator of a vessel must proceed with caution in the navigation pass and maintain a mid‑channel course through the navigation pass. (4) The operator of a vessel must ensure that the vessel does not come into contact with a support pier of the bridge. (5) The operator of a vessel must not cause or allow the vessel to approach the bridge or attempt to negotiate the navigation pass unless the vessel can be maintained under safe control throughout the manouevre. (6) If 2 vessels are approaching the bridge simultaneously, the operator of the vessel proceeding upstream must give the vessel proceeding downstream priority of passage through the navigation pass. (7) The operator of a vessel proceeding upstream that has had to wait for a vessel proceeding downstream to pass under the bridge must wait until the vessel proceeding downstream is clear of the bridge before proceeding under the bridge. 137—Jervois Bridge (1) The operator of a vessel must ensure that the vessel, when being navigated under the Jervois Bridge, is only operated within the navigation pass. (2) The operator of a vessel must not approach the bridge or attempt to navigate under the bridge unless the vessel can be maintained under safe control throughout the manouevre. (3) If 2 vessels are approaching the bridge from opposite directions simultaneously, the operator of the vessel proceeding upstream must give the vessel proceeding downstream priority of passage through the navigation pass. (4) The operator of a vessel proceeding upstream that has had to wait for a vessel proceeding downstream to navigate under the bridge must wait until the vessel proceeding downstream is clear of the bridge before proceeding under the bridge. 138—Kingston Bridge (1) This regulation applies to a vessel that is more than 10 m in length and the operator of which intends to navigate under Kingston Bridge. (2) The operator of a vessel must ensure that the vessel, when being navigated under the Kingston Bridge, is only operated within the navigation pass. (3) The operator of a vessel must proceed with caution in the navigation pass and maintain a mid‑channel course through the navigation pass. (4) The operator of a vessel must ensure that the vessel does not come into contact with a support pier of the bridge. (5) The operator of a vessel must not cause or allow the vessel to approach the bridge or attempt to negotiate the navigation pass unless the vessel can be maintained under safe control throughout the manouevre. (6) The operator of a vessel must sound 1 long blast when the vessel is within 0.5 nautical miles of the bridge. (7) The operator of a vessel approaching the bridge must, if a long blast is heard apparently from an approaching vessel, respond with 1 long blast. (8) The operator of a vessel must not cause or allow the vessel to pass another vessel within 0.25 nautical miles of the bridge. (9) If 2 vessels are approaching the bridge simultaneously, the operator of the vessel proceeding upstream must give the vessel proceeding downstream priority of passage through the navigation pass. (10) The operator of a vessel proceeding upstream that has had to wait for a vessel proceeding downstream to pass under the bridge must wait until the vessel is clear of the bridge and then again sound 1 long blast before proceeding under the bridge. 139—Paringa Bridge (1) The operator of a vessel approaching the Paringa Bridge during its operating times and requiring the bridge to be opened must contact the person operating the bridge (in accordance with any procedure determined by the CE for the purposes of this subregulation) by mobile phone on a telephone number determined by the CE for the purposes of this subregulation. (2) The operator of a vessel who does not intend to navigate under the bridge after requesting the opening of the bridge in accordance with subregulation (1) must immediately notify the person operating the bridge of that fact by mobile phone on a telephone number determined by the CE for the purposes of this subregulation. (3) The person operating the bridge will indicate their intention to open the bridge by activating a rotating red light installed on, or in the immediate vicinity of, the bridge. (4) The operator of a vessel must not allow the vessel to approach within 100 m of the bridge with the intention of passing through the bridge until— (a) the bridge is fully opened; and (b) a green light installed on, or in the immediate vicinity of, the bridge is illuminated to vessels travelling in the same direction as the vessel. (5) Subject to any direction of the operator of the bridge to the contrary, the operator of a vessel must ensure that the vessel, when being navigated under the bridge (whether or not the bridge is open), is only operated within the navigation pass. (6) The operator of a vessel must not cause or allow the vessel to approach the bridge or attempt to negotiate the navigation pass unless the vessel can be maintained under safe control throughout the manouevre. (7) The operator of a vessel that does not require the bridge to be opened to navigate under the bridge must give way to any vessel approaching the bridge or passing under the bridge that does require the bridge to be so opened. (8) If 2 vessels are approaching the bridge from opposite directions simultaneously, the operator of the vessel proceeding upstream must give the vessel proceeding downstream priority of passage through the navigation pass unless it is safe for both vessels to pass through the navigation pass simultaneously. (9) In this regulation— operating times, in relation to the Paringa Bridge, means the operating times determined by the CE for the purposes of this regulation.