$15,000 fine - highest ever for boating offences in nsw

[QF3 MROCP]

The largest fine to date for offences under NSW marine legislation was issued in a Wyong Court today.

Roads and Maritime Services (RMS) Acting General Manager Maritime Operations Trevor Williams said a 22-year-old Buff Point man, who failed to appear before the court, was sentenced to $15,000 and $852 in costs for a number of marine safety offences relating to a boating incident on Tuggerah Lakes in which he was the master on 25 February this year.

The 3.6 metre vessel capsized with four adult males and a seven-year-old boy on board about 2.30pm.

The boat was overloaded, unregistered and had a stolen engine. There were not enough lifejackets on board, and the child was not wearing a lifejacket, as required by law for anyone under the age of 12.

“This is the largest fine to date for offences under marine legislation – sending a strong message in terms of overloading and safety equipment,” Mr Williams said.

“It reflects the fact that there were potentially five fatalities.”

Mr Williams said the RMS investigation found three of the five on board spent more than five hours in the water before being rescued in a search and rescue effort which included two helicopters.

“Three, including the boy, received fuel burns from fuel leaking from the tank, and all three were treated in Gosford Hospital for exposure,” Mr Williams said.

“After capsizing, all five entered the water wearing no lifejackets.”

“Three were not good swimmers and were forced to use debris including the fuel tank to remain afloat.

“The boy in particular was panicking and making it difficult for others to swim.”

Mr Williams said the five divided into two groups with one good swimmer towing a poor swimmer who used an esky lid to help him float. They eventually made it to shore and raised the alarm.

The master of the vessel was also a good swimmer and towed the remaining adult and the child who used the fuel tank to stay afloat, which in turn left all three with fuel burns.

The second group made it to shore hours later but could not get through dense bushland as the boy was exhausted.

They began wading along the shoreline when they were spotted by a helicopter.

The sentence included:
· $5000 fine + $81 court costs + $528 professional costs for being the master of an unregistered vessel
· $5000 fine +$81 court costs own vessel with no safety label
· $2500 fine + $81 costs for being the operator of a vessel not carrying specified safety equipment
· $2500 fine +$81 costs for being the operator of a vessel with a child less than 12 not wearing a lifejacket.

RMS investigated the incident together with NSW Police.

The investigation found:
· The vessel was unregistered
· There was no safety label (which would normally show that the boat was overloaded)
· There was insufficient safety equipment (only one lifejacket was carried, when five would have been required)
· The child was not wearing a lifejacket
· The outboard motor attached to the vessel was reported as stolen.

The first four matters were dealt with by RMS. The Buff Point man was charged separately by Newcastle Water Police for possession of a stolen motor.


24th May 2012
CONTACT: NSW Roads and Maritime Services Media Unit: 02 8588 5999

[fisho8]

Well if he was not an idiot he would not have had the book thrown at him. Serves the moron right he could have killed the lot of them.:furious2:

[chris69]

Well this is what............. duty of care as a master of a boat is all about...... may be a lot more boaties will take notice and be more aware of they responceabilities and then these the carma inovled haveing a stolen motor.

[Fillet`n`Release]

Sounds like a sane judgement to me. If only we saw that kind of sanity dished out for people doing stupid/illegal stuff with motor vehicles, maybe the world would be a little safer. Can kill/maim people even easier with a car as with a boat :(

[fishing111]

Just watched ACA/TT which ever about a Doctor doing a hit and run, who apparently has a lousy driving record which couldn't be admitted into evidence for one reason or another. This Doctor who know's better basically gets nothing, yet this bloke and friends who have been through a hell of an ordeal by the sounds of it gets book thrown at him. Not saying for one minute that he should have got off scott free, but where is the consistency?



Doctor fined over hit-run

A Latrobe Regional Hospital doctor has been convicted and fined over a hit-run collision at Traralgon in south-east Victoria last year.
Evette Markos, 42, was driving along Shakespeare Street when she failed to give way and hit another car.
A passenger in the other car received minor injuries in the crash but Markos drove away from the scene without checking to see if anyone was hurt.
In sentencing, the magistrate said she had "blatant disregard" for the victims and would have known someone had been hurt.
Markos was convicted and fined $1,000 and had her driver's licence suspended for one month.
A victim of the crash, Brayden Pratt, says he is disappointed with the sentence given to Markos.
Mr Pratt was taken to hospital after the crash.
He says he still cannot believe what happened.
"Gutted actually, I didn't understand why somebody wouldn't stop, especially in that profession," he said.

[clevelandv8]

perhaps the doctor appeared at court?
if this chap had've perhaps he would have been given something more lenient..... blatant disregard for the court... should get whats dished out if you ask me.

[cormorant]

Goes to show what happens when you aren't represented. Hope he appeals as this sets a bad precedent. What he did wasn't right but the scale of this is crazy and money goes to the govt???
Money is a crap penalty. How about he has to pay to be educated and pay back some rescue services costs rather than have his life scewed by debt.. Just makes blokes resent the system.

$5000 for no safety label is crazy - wonder if that is the first time ever they got that one full wack, yep the sticker that you apply and self assess POB requirement.
$5000 for being a whole 7yo overloaded? Did they weigh all the people in the boat. What was the design of boat.

What no neg master charge? was he not licensed?
What no $5000000 for enviro damage for fuel in the water ? They must be kicking themselves for that one - would have made a bigger headline.

The drama factor - 5 hours in the water - you mean a short while in the water and hours wading around the shore as it was too thick to go through. ?

Then the other side is that if he is a thief go to town on the motor charges. Wonder if he is a naive young bloke with 2 other 22yo mates or just plain stupid but he sure is digging a big hole for himself.

Wonder what the full story and circumstances are rather than a chest beating media release .

[geoffmck]

As a parent I am often amazed at the disregard for the welfare of kids. My youngest is 9 and I can imagine the absolute terror she would experience if she was to go into the water like the 7 year old in this story.
Adults that choose to put innocent kids at risk, such as in this story need a wake up call. He is lucky that he is only being fined and not having to spend the rest of his life dealing with the guilt and remorse if the child or any of the others had lost their life as a result of his recklesessness. Rant over.

[Apollo]

The fine is appropriate for the this incident. It is good that they finally get serious about taking safety and the regs seriously. A small slap on the risk fine would have taught nothing to this goose and definately sends a warning to others to not put others lives (especially kids) at risk by taking stupid risks and man up if caught and face the court. This guy had no respect for the system.

[tunaticer]

Ok, so somebody has been held accountable, finally. What will this do to the general public's usual routine? Very little indeed.
Unfortunately we need a bigger influence to change things, many people being caught and those people receiving massive penalties. At the moment there is not enough policing and not enough tough judgements handed down to deter the general population.
Every year we see several bozos facing court over illegal catches and paying decent penalties, but does that change the average yobbo fisher that takes undersize or too many or protected species? No it does not because the threat is perceived as being almost non-existent and "worth" the risk of getting caught.

I miss the days of the big tough sergeant with the size 12 boot and not afraid of administering on the spot penalties for minor digressions. A little toughness early in the piece often deters crossing that line at a later date again.

[WalrusLike]

The system is using the wrong type of penalty.

For young thieves having a court debt is meaningless. They have no assets and merely have a token amount taken from their government 'entitlement' which doesn't bother them because they don't need money.

They steal what they want and ignore any financial obligations. You can imagine the contempt they have for these misplaced attempts to punish them,

Currently if you are sentenced to community service it's a minor inconvenience or even a chance to go boating with your mates and a ineffectual supervisor to clean up a waterway. Or it's just a conflab at the local govt dept with your new mates, the other felons.

I wish the system would use smart technology to confine these folk at home with a gps bracelet.... Keep them off our waterways and roads and public transport. Inconvenience them at low cost to us. If they break the confinement, jail them for double the original period with no chance of parole. In the unlikely case that they have a job it can allow home/ work travel only.

They have contempt for our system because it is ineffectual and unfair... Eg the docs case mentioned above. There are generations of disconnected, disaffected people growing up and having kids who become the same. It won't fix while our systems are so laughably inappropriate.

[LittleSkipper]

Would have to agree with what WalrusLike said! I think being court fined is like a University Hex Debt, they get to pay it off over time, line the pockets of our Government! and perhaps commit the same or similiar offence later on down the track. There probably laughing right now with a big fat cigar hanging out of their gob?

For those of you that have seen the old movie (but a goody) "Full Metal Jacket" I'd hate to think what the dreaded drill sargeant would of said & done to the little bugger?

[PADDLES]

what is the alternative to a court fine????? jail time????? i reckon it's appropriate, the turd didn't even have the spine to show up for his day in court so throw the book at him i reckon, he has shown a complete contempt for what society deems to be acceptable behaviour.

[095rat]

Tatoo him with a big dick on his forehead
this was no accident, Helicopters & recue people are for accidents
It's this type of fool that kills your & my friends & family
Oh, & steals off us as well

[TopBhoy]

what is the alternative to a court fine????? jail time????? i reckon it's appropriate, the turd didn't even have the spine to show up for his day in court so throw the book at him i reckon, he has shown a complete contempt for what society deems to be acceptable behaviour.

Immediately freeze his bank accounts and put them under court administration. Remove and sell his car and any other private goods of value, including the plasma TVs, music systems, etc. Proceeds to go to marine rescue services. Moving accounts and goods to avoid them being frozen and/or sold to be deemed as contempt. It will be costly and inconvenient to him definitely...and it is probably something which will hurt without bankrupting or being too disruptful to other innocent family members. I don't think it would be appropriate in every case but in some it would be.

[WalrusLike]

Being stuck at home with your play station and your mates visiting doesn't sound bad. And it isn't at first. But it would suck after a while. And after a few mates see the bad side of it they won't want to be in that boat either.

The point is that home confinement is a cheap punishment that actually makes the offender regret being punished. It is not the severe hiding they deserve but it does the job, improves our society by their temporary removal, doesn't cost a lot and importantly has a real deterrent effect.

Trying to confiscate stuff etc is a minefield of expenses and loopholes. Fines are a joke and jail is expensive and counterproductive.

I am done reorganizing society for tonight..... :) Wish the wind would go away.

[PinHead]

Tatoo him with a big dick on his forehead
this was no accident, Helicopters & recue people are for accidents
It's this type of fool that kills your & my friends & family
Oh, & steals off us as well

nowhere does it say he stole anything.

5k for no label..wow..that is a bit ridiculous.

they were all idiots on that boat..they should all pay.

[finga]

Tatoo him with a big dick on his forehead
this was no accident, Helicopters & recue people are for accidents
It's this type of fool that kills your & my friends & family
Oh, & steals off us as well

nowhere does it say he stole anything.

5k for no label..wow..that is a bit ridiculous.

they were all idiots on that boat..they should all pay.

Yeah. a bit extreme especially when I hear on the radio yesterday that NSW don't have rego labels on cars any more (can anyone confirm that??)
The fine means nothing. He'll declare himself bankrupt and that's that.
Send him out to work for his dole (probably on the dole) and make him clean all the crap out of mangroves for 10 years.
That should give him time to think.

I really wished they went to the same extremes with tossers in cars. Things might become a whole lot safer then.
And it's all about safety isn't it??

[WalrusLike]

Yeah your right Pinhead.. He might be just unlucky that the motor he bought secondand was a stolen one....

But given that the boat was "overloaded, unregistered, and had a stolen engine" the picture it paints is your typical young thief. The fact that he didn't front court also speaks to experience with the legal system.

If the average law abiding bloke is to appear in court he will be there nervously awaiting a verdict. A young repeat offender will often not give a crap and won't be bothered to front up.

The sticker fine taken by itself is ludicrously large but I suspect that's just the court trying to hit him with max penalties on as many items as it can.

So technically you are correct that he is not a thief for certain, and the fine is ludicrous for the sticker, but taken all in all it's a different picture.

[ShaneC]

True, but if he was an unfortunate innocent victim of buying a second hand stolen motor, the coppers would not have charged him seperately for it, they would be knocking on the door of the bloke he bought it off.......

[095rat]

Tatoo him with a big dick on his forehead
this was no accident, Helicopters & recue people are for accidents
It's this type of fool that kills your & my friends & family
Oh, & steals off us as well

nowhere does it say he stole anything.



,The first four matters were dealt with by RMS. The Buff Point man was charged separately by Newcastle Water Police for possession of a stolen motor

5k for no label..wow..that is a bit ridiculous.

they were all idiots on that boat..they should all pay.

its actually does :-)

[FishHunter]

Being able to pay fines off is total crap. A sentence such as say $1000 fine or 30 days jail with the fine payable immediately and in full or its straight to jail tends to sharpen ones focus.

There are too many easy outs and excuses made nowadays. A dillhole I know owes 10k in fines and has been paying for 7 years already, got another $700 for drink driving recently and didn't bat a eyelid as it just went on top of the 10k already owing.

[Fed]

No NSW labels starts next January Finga, I'm thinking they will eventually do it for boats too seeing how the msb & rta is now combined.
I guess they'd have to arm the police with a means to check boats but in this day & age of electronic gizmos they can probably download an app for it.

[cormorant]

No NSW labels starts next January Finga, I'm thinking they will eventually do it for boats too seeing how the msb & rta is now combined.
I guess they'd have to arm the police with a means to check boats but in this day & age of electronic gizmos they can probably download an app for it.



Yeah so having a 2nd set of fake number plates is so hard to do. That means without a rego label the police will have to lift the bonnet and check vin to be sure car is real.

Simply have plates made up of car that is same as yours in same area , same colour and you won't ever get caught. Only way is via bills for tolls if Maq bank set their system to read plate and send bill to original owner if dongle on teh windscreen doesn't work.

With so many company cars there is no easy check for the registered address to line up with drivers details.

[LittleSkipper]

Whats the sole purpose of not having rego labels anymore? It's the first I've heard of it? Will other states follow suit?

[WalrusLike]

Yeah so having a 2nd set of fake number plates is so hard to do. That means without a rego label the police will have to lift the bonnet and check vin to be sure car is real.....

The transponder for tolls is an example of a passive device that responds when polled. If cars are fitted with them then the cops can have instant readouts of registered owners details.

That is much more difficult to scam than plates and labels. It's time we got techno savvy and started defeating the low life's that don't want to pull their weight in society.

This has been possible for many years but only recently has become small and cheap enough to be used effectively.

[cormorant]

Saves printing and mailing costs and takes away the need for many people to attend the office so less staff. That is the theory

Couple of states have already done it and it hasn't been a huge sucess at start up. A lot of people forget to register teh car .

Now for parking offences.

When the brown bomber did your car he used to check the rego label as well but without it it just goes on plates?? Oh I see me parking everywhere with someone else getting the fines now with a set of fake plates and unless it is a new system parking cop who takes a photo then how the hell do you dispute it and seriously every falcon looks the same? . I know it wasn't that hard to fake a rego label and people uses to use a eraser and type in new details in the old days and probably you could run one up on a laser printer oin some film in 5 minutes but I am not sure crims bothered as if the cop was that close to the car and was suspicious he asked for teh vin to be checked or in newer cars checked it at the base of the windscreen.

All for effeciency but they have to think these things through for how it affects everyday honest people.