i rang the Marine Safety Board yesterday to clarify the licensing issue regarding small boats.
Guys you were right about the under 10 knot range needing a license , you do.
Now there is a grey area in the law that allows the same type of boat to be hired without a license.
Once i got to someone that wasn't confused by it ( and that was them ) they told me that because the boats are in "survey" and work in limited hours (daylight) only and run in a limited area that they can be used without a license, this includes houseboats . WOW, the weekend warrior that has never run a boat can hire one?? , the answer was yes..
They said this was something that they are looking at right now and are wanting to address
Yes, I think it's a real pity that the Victorian authorities didn't adopt a system that runs along similar lines to the NSW boat regulations. In NSW I believe you don't need a licence for any vessel that's not capable of reaching 10 knots or more. This would allow us to legally fit electric motors, or small outboards to canoes, etc, without that hassles of needing a licence and of registering the vessel.
Mick
There's only a fine distinction between fly fishing and standing on the bank looking like an idiot.
True, though i do think that there should be a info course , lets say an " introduction to " type of thing that can be done online somehow . There would have to be some control at some stage to ensure people knew which port was port.
It doesn't matter to me anyway as i have a boat license but id reckon some pedal kayaks would be fast than one with an elec
[quote="Peterj
It doesn't matter to me anyway as i have a boat license but id reckon some pedal kayaks would be fast than one with an elec[/quote]
i wouldnt doubt that either with the wind and tide behind you BUT so are some the paddle yaks......and both are people powered which is the major difference to having a an electric motor and not... If your gonna put an electric on a yak it sorta defeats the purpose of having a yak in the first place in my opinion...
I've always rented the houseboat at Mallacoota over the years and whilst that thing would only do 10 kts if it had a 50kt wind behind it, I still made sure I jerried up on the correct rules of the water etc and I never have had a boat license. The uninitiated and or stoopid could get into strife if they were not careful. Mind you we did get a turn of speed last trip when I was towing it with the Outfitter.
Very true.
There should at least be some sort of education for anyone intending to get out on the water. be it navigation markers/buoys and or safety, basic do's and dont's. But boy o boy wouldn't that be a hard one to police..
Having to have a boat license for a hire vessel will certainly put a nail in the coffin lid to the hire trade, I would think there would be a duty of care on the hire operator but also to limit damage to their vessels it would be in the best of their own interests to teach some basics and also possibly send out info on the boating rule's when you book a hire vessel. Bit like the go kart tracks where you had to do a pre-course to get a limited license. Prove your handeling and knowledge skills before you leave the port.
As for powered kayaks, I think if they were limited to 5 knots (about 10kmh) they should be fine without a license or reg but if you want anything over that then you need to be regulated, in saying that I am of the same opinion as MFM where I think it defeats the purpose, i often thought about it for the AI when I first got it, but glad I never went down that path.
When we say it's BIG RED SEASON, we don't mean a big red blood stain on the bay,
GET YOUR LIGHTS ON + YOUR PFD'S. Happy Sailing Fishing and keep blowing bubbles.
Cheers
Eddie
Division 3—Operation of hire and drive vessels
215 Maintenance and production of register of hire
contracts
(1) The owner of a hire and drive vessel must
maintain a register in a form approved by the
Director of each hire and drive contract entered
into for the use of that vessel, which includes—
(a) the full name, address and signature of the
hirer; and
(b) the date and time that the vessel was hired to
the hirer; and
(c) the number of people to be carried on the
vessel; and
(d) the date and time that the vessel was returned
by the hirer.
Penalty: 2 penalty units.
(2) A person who hires a hire and drive vessel must
provide to the owner of the vessel the details
specified in subregulation (1)(a) and (c).
Penalty: 2 penalty units.
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(3) The owner of a hire and drive vessel must, if
requested by a member of the police force or by a
person authorised by the Director, produce for
inspection the register maintained under
subregulation (1).
Penalty: 2 penalty units.
216 Sale or purchase of hire and drive vessel
(1) The owner of a hire and drive vessel who sells or
otherwise disposes of the vessel must, within
14 days after the sale or disposal of the vessel,
notify the Director in writing of—
(a) the date of the sale or disposal of the vessel;
and
(b) the name, identification number and
description of the vessel; and
(c) the name and address of the purchaser or
person acquiring the vessel; and
(d) the owner's full name and address.
Penalty: 2 penalty units.
(2) A person who purchases or otherwise acquires a
hire and drive vessel must, within 14 days after
the purchase or acquisition, notify the Director in
writing of—
(a) the date of the purchase or acquisition of the
vessel; and
(b) the name, identification number, and
description of the vessel; and
(c) the person's full name and address.
Penalty: 2 penalty units.
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217 Owner to report accident involving hire and drive
vessel
The owner of a hire and drive vessel that is
involved in an accident resulting in personal
injury or property damage must report, in writing
and without delay, to the Director full particulars
of the accident.
Penalty: 3 penalty units.
218 Use of hire and drive vessel
The hirer, and the operator (if the hirer is not the
operator), of a hire and drive vessel must not—
(a) permit any equipment listed on the certificate
of survey for the vessel to be improperly
used or handled; or
(b) permit the vessel to proceed beyond or
outside the geographical limits specified on
the certificate of survey for the vessel.
Penalty: 4 penalty units.
219 Instructions to be given to hirers
(1) The owner of a hire and drive vessel must take
reasonable steps to ensure that the vessel is not
hired out to a hirer or operated by a person who is
not competent to take charge of that vessel within
the geographical limits specified by the Director
on the certificate of survey for the vessel.
Penalty: 5 penalty units.
(2) The owner of a hire and drive vessel must ensure
that any person who hires the vessel and any
person who operates the vessel is given clear and
concise instructions about—
(a) the correct and safe handling and navigation
of the vessel; and
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(b) the correct and safe operation of machinery,
fuel, gas and pumping systems and valves or
openings in the hull of the vessel; and
(c) the storage and use of lifesaving appliances,
fire appliances and other safety equipment;
and
(d) the geographical limits within which the
vessel may be operated.
Penalty: 5 penalty units.
(3) The owner of a hire and drive vessel must ensure
that any person who hires the vessel and any
person who operates the vessel is given a plan
showing the geographical limits within which the
vessel may be operated.
Penalty: 5 penalty units.
(4) The owner of a hire and drive vessel must obtain
from the person hiring the vessel a signed
statement indicating that the person fully
understands the geographical limits and
restrictions and any conditions that the Director
has certified on the certificate of survey about the
use of the vessel.
Penalty: 5 penalty units.
220 Reckless operation of hire and drive vessel
(1) A person must not operate a hire and drive vessel
on State waters recklessly, negligently or in a way
that is dangerous to the public or that is likely in
any way to cause injury or damage to any person
or property.
Penalty: 20 penalty units.
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(2) A person must not when being towed or propelled
by a hire and drive vessel on State waters
(whether or not the person is riding on water skis
or a surfboard or any other device), act recklessly,
negligently or in a way that is dangerous to the
public or that is likely in any way to cause injury
or damage to any person or property.
Penalty: 20 penalty units.
(3) Subregulations (1) and (2) do not apply to a
person who uses a vessel in accordance with
section 26 of the Act to assist a person in distress.
221 Person under 10 to wear personal flotation device
(1) The owner of a hire and drive vessel must ensure
that, when the vessel departs on a voyage on State
waters, every person under the age of 10 years on
that vessel is wearing a personal flotation device.
Penalty: 4 penalty units.
(2) The hirer of a hire and drive vessel must ensure
that, when that vessel is underway on State
waters, every person under the age of 10 years on
the vessel is wearing a personal flotation device.
Penalty: 4 penalty units.
(3) Subregulations (1) and (2) do not apply to a
person under the age of 10 years who is within a
deckhouse, a cabin, a half-cabin or a securely
enclosed under-deck space on the vessel.
222 Fuelling of hire and drive vessel
(1) The owner of a hire and drive vessel, which is
under the owner's immediate control, must not
permit the vessel to be fuelled at a wharf, jetty or
pier if there are passengers on board the vessel.
Penalty: 4 penalty units.
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(2) The hirer, and the operator (if the operator is not
the hirer), of a hire and drive vessel must not
permit the vessel to be fuelled at a wharf, jetty or
pier if there are passengers on board the vessel.
Penalty: 4 penalty units.
223 Naked flame on hire and drive vessel
(1) The owner of a hire and drive vessel must ensure
that any appliance which produces a naked flame
is not installed in any compartment of the vessel
containing motors or a fuel tank.
Penalty: 4 penalty units.
(2) The owner of a hire and drive vessel, which is
under the owner's immediate control, must ensure
that any appliance which produces a naked flame
is not used in any compartment of the vessel
containing motors or a fuel tank.
Penalty: 4 penalty units.
(3) The hirer, and the operator (if the operator is not
the hirer), of a hire and drive vessel must ensure
that any appliance which produces a naked flame
is not used in any compartment of the vessel
containing motors or a fuel tank.
Penalty: 4 penalty units.
224 Stowage of equipment on hire and drive vessel
The owner of a hire and drive vessel must take
reasonable steps to ensure that all lifesaving
equipment, fire extinguishers and other safety
equipment carried on the vessel are—
(a) placed so that they are readily accessible;
and
(b) maintained in working condition.
Penalty: 4 penalty units.
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225 Hire and drive vessel not to be overloaded
(1) The owner of a hire and drive vessel, which is
under the owner's immediate control, must not
permit more than the maximum number of
passengers, as specified on the certificate of
survey, on board the vessel at any one time.
Penalty: 4 penalty units.
(2) A person must not operate a hire and drive vessel
that has more than the maximum number of
passengers, as specified on the certificate of
survey, on board the vessel at any one time.
Penalty: 4 penalty units.
When we say it's BIG RED SEASON, we don't mean a big red blood stain on the bay,
GET YOUR LIGHTS ON + YOUR PFD'S. Happy Sailing Fishing and keep blowing bubbles.
Cheers
Eddie
Adding to the confusion peterj, if ya stick a leccy or petrol driven motor on the back of ya yak ya not only need a rec boating license, the yak also needs registartion. Then minimum safety equipment requirements change as well (from memory ya need PFD Type 1 etc). And that's true even if ya paddling it without using the motor
Then the same govt dept (Dept of transport...VicRoads but not MSV) doesn't make any distinction between motor driven boats or unpowered kayaks when they're being transported on the road...they're all the same to them.
The Marine ACT Review floated the idea that motors under a certain size (say 5hp) should't carry the need for a license and/or rego (not sure about minimum safety requirements), but most respondents were in favour of keeping the staus quo. I guess we'll wait and see how that goes.
There may also be waters opening up for non powered vessels only...so if anyone's considering a yak donk it's something else to think about.
) they told me that because the boats are in "survey" and work in limited hours (daylight) only and run in a limited area that they can be used without a license, this includes houseboats . WOW, the weekend warrior that has never run a boat can hire one?? , the answer was yes.. 
