76Maximum speed limit in certain areas

76 Maximum speed limit in certain areas

(1)  The master of a vessel must not navigate the vessel at a speed exceeding 5 knots –

(a) when passing within 60 metres of –

(i) a shoreline, river bank, diving platform or marine facility; or

(ii) a boat that is underway, at anchor, moored or engaged in fishing or rowing; or

(iii) a buoy laid by or with the approval of MAST; or

(iv) a person on water skis, an aquaplane or similar object being towed by another boat; or

(b) when passing within 120 metres of –

(i) a person bathing; or

(ii) a vessel or buoy displaying the signal letter "A" of the International Code of Signals which signifies "I have a diver down; keep well clear at slow speed".

Penalty:  Fine not exceeding 20 penalty units.

(2)  It is a defence in proceedings for an offence under subregulation (1) if the defendant establishes that, at the relevant time –

(a) there was no reasonable likelihood of injury, nuisance or annoyance to persons or damage to property; or

(b) if the offence involves passing another vessel, the vessels passed on parallel courses where no nuisance, annoyance or danger was caused to the occupants of either vessel; or

(c) the reason tha the speed limit was exceeded falls within circumstances, determined by MAST, relating to the vessel's need to maintain speed so as not to lose steerage.