Do you know the rules, restrictions and fines?
Smartphones are becoming increasingly important on boats as engine and electronics makers integrate them so they act as an important link. However, mobile phone usage has been a contributing factor in marine incidents.
Users can now do everything from SMS access (via digital platform like Seaflux), monitoring the engine’s performance and troubleshooting to viewing charts and plotting a course that the autopilot function will navigate by automatically calculating a route based on the vessel’s draft.
Such technology can rely heavily on the user having a smartphone or similar device.
However, while smartphone technology is being embraced on one side of boating, a smartphone is still not considered an essential piece of kit when it comes to safety on the water.
Rules around smartphone use out on the water are very different on land, where car drivers are banned from holding smartphones while behind the wheel.
Each state is different, in Queensland a driver of a car is not permitted to ‘touch’ or ‘use’ a mobile device whilst inside a car – and if pulled over by the Police, must ask for permission to allow them to grab and use the smartphone or face a $1161 fine and the loss of four demerit points for acting rashly.
In contrast, there are no specific rules banning a skipper from holding or using a smartphone while out on the water.
HOWEVER, a skipper must maintain a proper lookout, including sight and hearing whether commercial or recreational. This helps you judge your situation and the risk of collision. This is essential to keeping everyone and your vessel safe on the water.
If an incident occurred and the Skipper was found not to have exercised due diligence, which a mobile phone would prove, the incident would be formally investigated by the governing bodies which may include AMSA, WorkSafe, State Police, Marine Safety, and other bodies!
These results and subsequent action/fine will vary dependent upon the situation.
Just remember, each State has different legislation!
Under the COLREGs – the Convention on the International Regulations for Preventing Collisions at Sea – anyone who fails to keep a proper lookout could be liable for thousands of dollars in fines or jail time.
Under the Marine Safety Act, the offence will be heard in Court and imprisonment of up to 2 years, and penalties including thousands of dollars may apply.
Whilst not formally required in your SMS for commercial vessels, we do encourage all mariners, to have a mobile phone policy in force for your vessel and all skippers and watchkeepers should adhere to this policy when on watch.
We encourage our clients to carry smartphones or similar technology that can access Triple Zero (000) and other emergency numbers, BUT the device should not be seen as a substitute for other, more traditional and analogue ways of calling for help on the water.
Various Australian marine rescue groups do use purpose-built apps to let boaters log on and off digitally. The apps provide rescue services with contact details so they can phone users to check that those who have not logged off via the app have made it safely back to shore.
Ensure anyone behind the wheel of a vessel, whether commercial or recreational should not be using a mobile device of any kind, and your full attention should be on the operations and safety of the vessel and all people onboard.
However, in an emergency, all available means of communications, including mobile phones, should be used.
