Boat share rulings from AMSA

In the wake of recent attempts to create uber boating businesses, informal boat-share arrangements, and on-the-take quasi fishing charters between 'mates', the Australian Maritime Safety Authority (AMSA) has released a series of detailed documents bringing clarification to boat share, would-be share operators, the present marine industry and its stakeholders including ticketed skippers.

AMSA is urging owners of boats that may be made available for charter or hire for money to comply with the standards that apply to commercial vessels.

Much of what AMSA says in the following document comes back to the transaction of money. Boats used for commercial purposes are subject to safety standards that do not apply to recreational boats.

At this point in time, and unless there are future rulings and changes to the maritime laws in Australia, attempts to create uber boating businesses look like they are nothing more than wishful thinking.

Domestic commercial vessels will usually undergo regular surveys (inspections) to ensure they comply with standards for structure, stability and safety equipment and have a safety management system to ensure the safety of passengers and crew.

AMSA makes the point that:

Online platforms have emerged to link boat owners with people seeking boating services such as transport, sight-seeing or fishing charters, in return for the payment of money.

AMSA considers that these arrangements result in the boats being commercial vessels.

AMSA welcomes any arrangements like these that facilitate more efficient and effective use of available boats, as long as the boats and their operations comply with the standards that apply to commercial vessels.

While the emergence of online platforms is new, the chartering of vessels, either as hire and drive or chartered with a qualified skipper and crew is not.

Marine Safety Inspectors across Australia enforce commercial vessel safety requirements and can issue notices to, among other things, prohibit vessels from operating commercially without meeting the applicable commercial standards.

Inspectors also enforce the general safety duties imposed on all owners and masters of boats used commercially.

AMSA Chief Executive Officer, Mick Kinley, said AMSA will continue to enforce safety requirements for domestic commercial vessels to ensure safety on the water for customers, crew and skippers.

“There is inherent danger in the maritime environment. People paying to use a boat, or the services of a person with a boat, have the right to expect that the boat and its operations are compliant with commercial safety standards,” Mr Kinley said.

“In the event of an emergency on a boat, people will find themselves in the middle of a harbour or out on the ocean. While mechanical or structural problems in a car will likely have you waiting on the roadside for a tow truck, emergencies on the water can threaten the lives of those on-board.”

To find out more, visit boat share regs and rules from AMSA. There are some key links including FAQs in that link. Meantime, here are some key points shared from the AMSA information pages.

Where members of the public, other than the owners, are paying money to use a boat then it is likely that the vessel is being used in connection with a commercial activity, and is therefore subject to safety standards set out in the Marine Safety (Domestic Commercial Vessels) National Law Act 2012.

The Australian Maritime Safety Authority welcomes any arrangements that facilitate more efficient and effective use of available boats, as long as the boats and their operations comply with the standards that apply to commercial vessels.

What is not considered boat sharing?
Common examples that are not considered to be boat sharing include:
>> A group of friends who buy a boat together so that they can go fishing, sailing or water skiing
>> A person buys a share in a boat from a builder who has set up a joint ownership scheme in respect of that boat, and all the joint owners use the boat only for their private recreation — either together or at different times
>> A group of people who own a boat and contract a management company to maintain the boat, and the boat is used by the owners only for their private recreation
>> A vessel that is owned and operated by community groups such as a bona fide not-for-profit organisation.

My operation involves boat sharing
What do I have to do to comply with the law?
If you wish to use your vessel for a commercial activity, including boat sharing, then you need to ensure that (unless otherwise exempted):
>> Its operation is authorised by a certificate of operation. The certificate may allow for one or more different kinds of operations it holds a certificate of survey and is marked with a unique vessel identifier
>> It is crewed by persons holding a certificate of competency
>> You and others comply with general safety duties that apply to all persons on board.
>> General safety duties apply to all crew and passengers on board the vessel. The vessel owner must also implement and maintain a safety-management system that ensures the safety of the vessel and its operations.

This may involve, among a number of other things, ensuring that safety equipment such as life jackets and life boats is carried and properly maintained; that the vessel can structurally support the number of people on board in specific waters and conditions; and that appropriately qualified crew, trained to deal with emergency situations, are on board.

What are the penalties for operating commercially without proper certification?
Action has and will be taken for owners not complying with the National Law.
Marine Safety Inspectors can take a range of actions to enforce the law, including issuing notices to stop a vessel from operating, and detaining vessels.

The current financial infringement for an individual is $2160. The infringement for a company is $10,800. Penalties are higher if the matter proceeds to prosecution and the maximum penalty is awarded.

How are the safety standards for commercial and recreational vessels different?
There are more stringent safety regulations for vessels used for commercial purposes.
Commercial vessels must comply with specific design, construction, equipment, manning and operational standards that are generally higher than those that apply to recreational vessels. This will often include a requirement to undergo a survey process and many are required to undergo regular survey inspections.

A member of the public would reasonably expect those higher safety standards to be met if they are paying for the use of (or access to) services provided using a vessel.

A fishing charter vessel, for example, would generally have to undergo both initial and periodic survey inspections that would not be required of a recreational fishing boat. Requirements include:
>> Handrails of a specific height to prevent people from falling overboard
>> Fuel tank and system requirements that reduce risk of fire or explosion
>> Bilge (water) pumps to reduce effects of flooding

Depending on its area of operation, a fishing charter boat may have to carry safety equipment beyond that of a recreational boat, including: a life raft, life jackets, emergency distress beacons, marine radios, flares, navigational equipment and fire extinguishers. This equipment must be carried in specific numbers, and stored, maintained and checked in accordance with certain specifications.

To find out more, read the boat share regs and rules from AMSA and the AMSA Boat Share Fact Sheet.

Photo credit: Opening photo of a couple of bona fide recreational fishing boats from the 2016 Interclub in Port Stephens by Split Second Photography.