Maritime Transport (Infringement Fees for Offences—Waikato Regional Council Navigation Safety Bylaw 2013) Regulations 2015
2015/290
Maritime Transport (Infringement Fees for Offences—Waikato Regional Council Navigation Safety Bylaw 2013) Regulations 2015
Jerry Mateparae, Governor-General
Order in Council
At Wellington this 23rd day of November 2015
Present:
His Excellency the Governor-General in Council
Pursuant to section 33O of the Maritime Transport Act 1994, His Excellency the Governor-General, acting on the advice and with the consent of the Executive Council, makes the following regulations.
Regulations
1 Title
These regulations are the Maritime Transport (Infringement Fees for Offences—Waikato Regional Council Navigation Safety Bylaw 2013) Regulations 2015.
2 Commencement
These regulations come into force on 25 December 2015.
3 Interpretation
(1)
In these regulations, unless the context otherwise requires, provision means a provision of the Waikato Regional Council Navigation Safety Bylaw 2013.
(2)
The descriptions given in the second column of Schedule 1 are intended only to be an indication of the content of the provisions they describe, and are not intended to be used in the interpretation of those provisions.
4 Infringement offences and fees
(1)
A breach of a provision specified in the first column of Schedule 1 is an infringement offence under the Maritime Transport Act 1994.
(2)
The infringement fee for an offence referred to in subclause (1) is the fee specified in relation to that offence in the third column of Schedule 1.
5 Infringement notices
Every infringement notice in respect of an infringement offence against a provision specified in the first column of Schedule 1 must be in the form set out in Schedule 2.
6 Regulations revoked
The Local Government (Infringement Fees for Offences: Waikato Regional Council Navigation Safety Bylaw) Regulations 2006 (SR 2006/276) are revoked.
Schedule 1 Infringement offences and fees under Waikato Regional Council Navigation Safety Bylaw 2013
| Provision | Description of offence | Fee ($) | ||
|---|---|---|---|---|
| cl 2.1.5 | Failing to comply with a requirement of, or preventing a harbourmaster or an enforcement officer from carrying out their functions or duties | 200 | ||
| cl 2.2.1 | Operating a vessel in breach of the Maritime Rules Part 22 (Collision prevention) | 200 | ||
| cl 2.3 | Failing to report an accident or incident as required, or moving a vessel that has been damaged in a collision or an accident in breach of requirements | 200 | ||
| cl 2.4.1 | Operating a vessel at a speed exceeding 5 knots in certain circumstances in coastal and harbour waters | 200 | ||
| cl 2.4.2 | Operating a power-driven vessel at a speed exceeding 5 knots while any person has a portion of his or her body extending over the bow or side of the vessel in coastal and harbour waters | 200 | ||
| cl 2.4.3 | Being towed at a speed exceeding 5 knots in certain circumstances in coastal and harbour waters | 200 | ||
| cl 2.5.1 | Operating a vessel at a speed exceeding 5 knots in certain circumstances in inland waters | 200 | ||
| cl 2.5.2 | Operating a power-driven vessel in inland waters at a speed exceeding 5 knots while any person has a portion of his or her body extending over the bow or side of the vessel | 200 | ||
| cl 2.5.3 | Being towed at a speed exceeding 5 knots in certain circumstances in inland waters | 200 | ||
| cl 2.6.2 | Allowing a person under 15 years of age, without supervision, to operate a power-driven vessel capable of exceeding a speed of 10 knots | 200 | ||
| cl 2.7.1 | Failing to ensure that every person on board a vessel 6 metres or less in length wears an appropriate personal flotation device while underway, or failing to ensure that sufficient personal flotation devices to fit each person on board are carried and accessible when not underway | 200 | ||
| cl 2.7.3(a) | Failing to carry appropriate personal flotation devices to fit each person on board a vessel greater than 6 metres in length | 200 | ||
| cl 2.7.3(b) | Failing to carry sufficient personal flotation devices in a readily accessible location on board a vessel greater than 6 metres in length | 200 | ||
| cl 2.7.3(c) | Failing to ensure that every person on board a vessel greater than 6 metres in length wears an appropriate personal flotation device from a position 200 metres before to 200 metres after crossing a bar | 200 | ||
| cl 2.7.3(d) | Failing to ensure that every person on board a vessel greater than 6 metres in length wears an appropriate personal flotation device in circumstances of danger or risk | 200 | ||
| cl 2.7.4 | Failing to ensure that any person being towed wears an appropriate personal flotation device, or failing to wear an appropriate personal flotation device while being towed | 200 | ||
| cl 2.8.1 | Failing to carry an appropriate means of communication in accordance with requirements | 200 | ||
| cl 2.9.1 | Failing to comply with the river safety rules | 200 | ||
| cl 2.10.1 | Operating a vessel within 200 metres upstream or downstream of a hydro dam structure | 200 | ||
| cl 3.1.1 | Failing to ensure that the vessel’s wake, or the wake from any person or object being towed does not cause danger or risk to any other person, vessel, or structure | 200 | ||
| cl 3.2 | Jumping, swimming, or diving in certain areas in breach of requirements | 100 | ||
| cl 3.3.1 | Towing without an appropriate observer | 200 | ||
| cl 3.3.2 | Being towed without an appropriate observer | 200 | ||
| cl 3.3.3 | Towing in an incorrect direction | 200 | ||
| cl 3.3.4 | Towing between sunset and sunrise | 200 | ||
| cl 3.3.5 | Being towed between sunset and sunrise | 200 | ||
| cl 3.3.6 | Permitting a vessel to continue onwards after a person being towed has dropped a water ski or similar object in certain conditions | 200 | ||
| cl 3.4 | Failing to observe requirements as to conduct in a towing access lane or reserved area | 200 | ||
| cl 3.6 | Failing to ensure that flag A is displayed when dive operations are in progress | 200 | ||
| cl 3.7.2 | Obstructing another person using a reserved area for its intended purpose | 200 | ||
| cl 3.7.3 | Entering, remaining in, or using a reserved area for another purpose while it is being used for the purpose for which it is reserved | 200 | ||
| cl 4.1.1 | Erecting, maintaining, or displaying a navigation aid without prior written permission | 200 | ||
| cl 4.1.2 | Tying vessel to a navigation aid without prior approval | 100 | ||
| cl 4.1.3 | Damaging, removing, or interfering with a navigation aid | 200 | ||
| cl 4.2.1 | Sounding a whistle, siren, or horn of a vessel in breach of requirements | 200 | ||
| cl 4.2.4 | Fitting or using a blue flashing light on a vessel in breach of requirements | 200 | ||
| cl 4.2.5 | Fitting or using a purple flashing light on a vessel in breach of requirements | 200 | ||
| cl 4.3 | Obstructing a waterway or access by water to any wharf, boat ramp, jetty, slipway, or mooring | 200 | ||
| cl 4.4 | Operating a vessel’s propulsion system around a wharf, jetty, or ramp in breach of requirements | 200 | ||
| cl 4.5 | Mooring or securing a vessel in breach of requirements | 200 | ||
| cl 4.6.1 | Mooring or anchoring an unseaworthy vessel | 200 | ||
| cl 4.6.2 | Failing to remove an unseaworthy vessel | 200 | ||
| cl 4.6.4 | Operating an unseaworthy vessel | 200 | ||
| cl 4.7 | Anchoring or mooring in a prohibited area | 200 | ||
| cl 4.8.1 | Impeding a seaplane that is landing or taking off | 200 | ||
| cl 4.8.2 | Operating a seaplane in certain conditions | 200 | ||
| cl 5.3.3 | Failing to comply with the requirements of a suspension or exemption in specific areas | 200 | ||
| cl 5.4.1 | Operating an unregistered personal water craft | 200 | ||
| cl 5.4.3 | Failing to correctly display a personal water craft registration number | 100 | ||
| cl 5.5 | Operating an unidentified or inappropriately identified vessel | 100 | ||
| cl 5.9 | Failing to gain a hot-work permit when required, or failing to take appropriate precautions | 200 | ||
| cl 5.10 | Failing to comply with certain conditions when operating a vessel for remuneration, hire, or reward | 200 |
Schedule 2 Form of notice for Waikato Regional Council Navigation Safety Bylaw 2013 infringement offences
Form Waikato Regional Council Navigation Safety Bylaw 2013 infringement offence notice
(Front page)
Notice No:
Enforcement authority [specify]
Person served
Full name:
Full address:
Occupation:
Date of birth:
Maritime document No (if applicable):
Alleged infringement offence(s) details
Date:
Time:
Place:
Vessel name:
Vessel description:
For each offence, specify the following:
|
Bylaw offence provision |
Offence |
Infringement fee payable ($) |
Time for payment of infringement fee(s)
The infringement fee(s) is/are* payable within 28 days after [date this notice is delivered personally, or served by post].
| *Select one. |
To whom payable
The infringement fee(s) is/are* payable to [specify address of enforcement authority].
| *Select one. |
Method of payment
Please present this notice, or a copy of this notice, when making payment.
Cheques or money orders must be made out to [specify enforcement authority] and must be crossed and marked not transferable or account payee only.
Issued by: [full name], who is a person duly authorised by the Waikato Regional Council.
Important
Please read the statement of rights printed over the page.
(Back page)
Statement of rights
If there is anything in this statement you do not understand, you should consult a lawyer immediately.
1
This notice sets out 1 or more alleged infringement offences. Each offence that is identified by a number is a separate infringement offence. You may decide what to do in respect of each alleged offence individually, and may act in the same way in respect of all alleged offences or in different ways in respect of different alleged offences, as set out below.
Note: If, under section 21(3A) or (3C)(a) of the Summary Proceedings Act 1957, you enter or have entered into a time-to-pay arrangement with an informant in respect of an infringement fee payable by you, paragraphs 4(b) and (c), 5, and 6 do not apply and you are not entitled either to request a hearing to deny liability or to ask the court to consider any submissions (as to penalty or otherwise) in respect of the infringement.
Payments
2
If you pay the infringement fee for an alleged offence within 28 days of the service on you of this notice, no further enforcement action will be taken for that offence. Payments may be made at the place indicated on the front page of this notice.
Defence
3
You have a complete defence against proceedings for an alleged offence if the infringement fee for that offence has been paid to the enforcement authority at the address shown on the front page of this notice within 28 days after service on you of a reminder notice. Late payment or payment made to any other address will not constitute a defence.
Further action
4
You may write to the enforcement authority at the address shown on the front page of this notice if you wish—
(a)
to raise any matter relating to the circumstances of an alleged offence for consideration by the enforcement authority; or
(b)
to deny liability for the offence and request a court hearing (refer to paragraphs 5 and 9); or
(c)
to admit liability for the offence, but wish to have a court consider written submissions as to penalty or otherwise (refer to paragraphs 6 and 9).
Any such letter must be personally signed.
5
If you deny liability for the offence and request a hearing, the enforcement authority will, unless it decides not to commence court proceedings in respect of the offence, serve you with a notice of hearing setting out the place and time at which the matter will be heard by the court.
6
If you admit liability for the offence but wish the court to consider your submissions as to penalty or otherwise, you must, in your letter to the enforcement authority,—
(a)
request a hearing; and
(b)
admit liability; and
(c)
set out the written submissions that you wish the court to consider.
The enforcement authority will then file your letter with the court (unless it decides not to commence court proceedings in respect of the offence). There is no provision for an oral hearing before the court if you follow this course of action.
Non-payment of fee
7
If you do not pay the infringement fee and do not request a hearing in respect of an alleged offence within 28 days after the service on you of this notice, you will (unless the enforcement authority decides otherwise) be served with a reminder notice.
8
If you do not pay the infringement fee and do not request a hearing in respect of an alleged offence within 28 days after being served with the reminder notice, you will become liable to pay costs in addition to the infringement fee unless the enforcement authority decides not to commence proceedings against you.
Queries and correspondence
9
When writing to the enforcement authority or making payment of an infringement fee, please indicate—
(a)
the date of the infringement offence; and
(b)
the infringement notice number; and
(c)
the identifying number of each alleged offence and the course of action you are taking in respect of each alleged offence (if this notice sets out more than 1 offence and you are not paying all the infringement fees for the alleged offences); and
(d)
your full address for replies (if you are not paying all the infringement fees for the alleged offences).
If it is not clear which alleged offence any payment relates to, your payment may be treated as relating to the alleged offences in the order in which they are set out on the front of this notice.
Note: All queries and correspondence regarding the infringement offence(s) must be directed to the enforcement authority named in this notice at the address shown.
Michael Webster,
Clerk of the Executive Council.
Explanatory note
This note is not part of the regulations, but is intended to indicate their general effect.
These regulations, which come into force on 25 December 2015, specify in Schedule 1 which breaches of the Waikato Regional Council Navigation Safety Bylaw 2013 are infringement offences for the purposes of section 33O of the Maritime Transport Act 1994. They also prescribe the infringement fees for those infringement offences. An infringement notice must be in the form set out in Schedule 2.
Date of notification in Gazette: 26 November 2015.
These regulations are administered by the Ministry of Transport.