Speedboat ride ends with spinal injuries and fines

Some years ago, we heard word that those jet boats spinning around Sydney Harbour and other waterways were responsible for an inordinate number of injuries. We didn’t get to the bottom of it, it was hearsay from a doctor, but it stands to reason that radical manoeuvres in boats could have swerious consequences for unsuspecting crew.

This has proven the case for the owner and master of a speedboat ride in Newcastle who pleaded guilty and was fined a total of $26,000 in a local magistrate's court the other week. The charge was for failing to ensure the safe operation of a domestic commercial vessel. But there's a lesson in this for all of us.

On December 28, 2015 the master of She’s Awesome, an 8.2 metre twin-engine tour vessel owned by Jamala Charters and known locally as Thundaraft, was conducting a speedboat ride in Nelson Bay, NSW.

The vessel landed heavily while performing wave-jumping manoeuvres in rough conditions, causing a female front-seat passenger to sustain fractures to her vertebrae and right ankle.

As the national regulator for domestic commercial vessel safety, the Australian Maritime Safety Authority (AMSA) investigated the incident in partnership with NSW’s Roads and Maritime Services.

The investigation found the vessel was operated in a manner which posed serious dangers to passengers considering the prevailing sea conditions on that day.

The investigators concluded that both the owner and master should not have allowed the vessel to be operated in the manner it was and charges were laid against both for alleged breaches of the Marine Safety (Domestic Commercial Vessel) National Law Act 2012.

On Monday, October 30, 2017 the owners of Jamala Charters pleaded guilty in the Newcastle Magistrates Court to failing to ensure the safe operation of a domestic commercial vessel. The owners were fined $18,000 for the offence.

The master of the vessel also pleaded guilty to operating a domestic commercial vessel and placing the safety of a passenger at risk. The master was fined $8000.

AMSA’s Manager of Compliance and Enforcement David Marsh said negligence and disregard for the National Law would not be tolerated.

"If you own or operate a domestic commercial vessel in Australia, you are responsible for the safety of everyone on board," Mr Marsh said.

"Safety should underpin every aspect of your operation. If you fail in that responsibility, you will be held accountable."

Roads and Maritime Services Executive Director Maritime Angus Mitchell said this was an excellent result for Roads and Maritime, and marks the agency’s first court conviction under the Marine Safety (Domestic Commercial Vessel) National Law Act 2012.

"People might expect to have thrills on an adventure ride but the operators of these rides have a duty of care to ensure the utmost safety for these passengers," Mr Mitchell said.

The same responsibility rests with the skipper of recreational craft.

Earlier this year, in a landmark case in New Zealand, a skipper was convicted of manslaughter following the death of a passenger on his boat who was not wearing a lifejacket when crossing a bar.

This was a breach of maritime rules that required both the skipper and his mate to wear a lifejacket when crossing a bar. However, there were no lifejackets aboard the boat at the time.

This was an unusual case because it was the first time a manslaughter prosecution had been brought for a breach of Maritime rules.

Maritime New Zealand said the conviction sends a strong and tragic reminder to all recreational boaties to follow basic safety practices — in particular wearing lifejackets.?

And the speedboat incident in Newcastle also reminds us to drive for the conditions and well-being of the crew.

More at NSW Roads and Maritime's Offences and Penalties page.