Today’s correspondent wants to know:
Is a DCV [Domestic Commercial Vessel] operating in Queensland Waters permitted to display flashing lights of any colour, and specifically blue/red?
I understand that the Marine Safety (Domestic Commercial Vessel) National Law Act (Cth) is the authoritative document for commercial vessels, and further that in regards COLREG [Convention on the International Regulations for Preventing Collisions at Sea, 1972] matters s 6 reverts us back to State Law. There isn’t anything in the Transport Operations (Marine Safety) Act 1995 (Qld) that I can see [unlike NSW maritime law] that prohibits the display of any light other than one which could be confused with COLREG lighting requirements. Currently QPS [Queensland Police Service] and QBFP [Queensland Boating and Fisheries Patrol] have blue flashing lights. MSQ [Maritime Safety Queensland] has a one-page document saying that blue light can be used by QPS and QBFP, but from my research and prior employment it isn’t based on law.
Reason for asking is that the two volunteer marine rescue organisations will be transitioned into a single government entity under QPS. Whilst I probably wouldn’t personally support blue, perhaps magenta like our Transport Inspectors use on road under TORUM [Transport Operations (Road Use Management) Act 1995 (Qld)].
The Marine Safety (Domestic Commercial Vessel) National Law Act has been adopted as part of the law of Queensland by the Transport Operations (Marine Safety–Domestic Commercial Vessel National Law Application) Act 2016 (Qld). A ‘domestic commercial vessel’ is ‘a vessel that is for use in connection with a commercial, governmental or research activity’. Given that neither Marine Rescue (VMR) Queensland nor the Australian Volunteer Coast Guard (AVCG) are government operated bodies arguably their boats are not domestic commercial vessels. On the other hand, marine rescue may be considered a ‘governmental’ activity but in this case the government relies on these volunteer organisations to provide that service in which case they are domestic commercial vessels. Nothing turns on that however as the Marine Safety (Domestic Commercial Vessel) National Law does not appear to say anything relevant to the current question.
I’m not given a link to the MSQ ‘one-page document’ but my own search located ‘Flashing lights for rescue vessels’ Issued December 2017. This document says:
In line with tradition, emergency and compliance authorities Queensland Police Service (QPS), Queensland Boating and Fisheries Patrol (QBFP), Maritime Safety Queensland (MSQ), Queensland Fire and Emergency Services (QFRS) and Queensland Parks and Wildlife Service (QPWS) have adopted the use of blue flashing lights on vessels (Emergency and Compliance Vessels) when carrying out emergency, compliance, enforcement and rescue functions in Queensland waters.
I note that red/blue lights are used in NSW – see Red/blue lights on NSW SES boats (October 25, 2016).
To assist rescue vessels, that is those operated by ‘Marine rescue services, such as Volunteer Marine Rescue (VMR) Queensland, the Australian Volunteer Coast Guard (AVCG) and Airservices Australia (Aviation Rescue and Firefighting Services)’ the Department has set out ‘MSQ’s position for the display of special purpose (flashing) lights by Rescue Vessels’. They say:
The COLREGs allow a ship to exhibit such additional lights that cannot be mistaken for the lights prescribed under the COLREGs, do not impair their visibility or distinctive character, and interfere with the keeping of a proper look-out.
To enhance the visibility of all Rescue Vessels while they are taking part in marine rescue operations, a consistent display of special purpose (flashing) light is desirable.
A Rescue Vessel shall exhibit an all-round yellow light:
• flashing at regular intervals at a frequency of 90 flashes or fewer per minute;
• placed below the masthead light so as not to impair the visibility or distinctive character of any lights prescribed under the COLREGs, or interfere with the keeping of a proper look-out; and
• only when the Rescue Vessel is operating:
– in the course of search and rescue activities (which exclude non-emergency operations and transiting);
– to warn others of a maritime hazard;
– in accordance with a direction given by a compliance authority, for example, when tasked by authorities to operate at a safe speed in excess of the regulated speed limit.
In order to avoid Rescue Vessels from being confused with Emergency and Compliance Vessels, a Rescue Vessel shall only exhibit an all-round flashing yellow light as described above.
Consistent with the MSQ position statement, the Transport Operations (Marine Safety) Regulations 2016 (Qld) says that an enforcement officer may ‘operate the ship displaying lights and sounding a repeater horn or siren in addition to the lights and sound devices required for operating the ship under the collision regulations…’ (r 96(2)(b)). There is no equivalent of r 96 that relates to the operator of a rescue vessel.
The COLREGS set out the sort of lights that must be displayed on a boat, green and red starboard and port side indicators, mast lights, lights to indicate when a ship is fishing, at anchor, limited in its ability to navigate etc. The COLREGS are incorporated into the law of Queensland by the Transport Operations (Marine Safety) Regulations 2016 (Qld) (r 79 and Schedule 9 definition of ‘collision regulations’).
The relevant wording in the COLREGS is rule 20(b) which says:
The Rules concerning lights shall be complied with from sunset to sunrise, and during such times no other lights shall be exhibited, except such lights as cannot be mistaken for the lights specified in these Rules or do not impair their visibility or distinctive character, or interfere with the keeping of a proper look-out.
Rule 36 says:
If necessary to attract the attention of another vessel, any vessel may make light or sound signals that cannot be mistaken for any signal authorized elsewhere in these Rules…
With respect to a yellow flashing lights:
- The Transport Operations (Marine Safety) Regulations 2016 (Qld) 80 provides that a ship that is ‘more than 20m, is capable of a speed of more than 20kn and only operates in smooth waters’ must display a ‘flashing all-round yellow light’ whilst underway.
- Rule 23(b) of the COLREGS says that ‘An air-cushion vessel [ie a hovercraft]when operating in the non-displacement mode shall, in addition to the lights prescribed in paragraph (a) of this Rule, exhibit an all-round flashing yellow light.’
- COLREGS Annex 2; cl 3 says ‘Vessels engaged in fishing with purse seine gear may exhibit two yellow lights in a vertical line. These lights shall flash alternately every second and with equal light and occultation duration. These lights may be exhibited only when the vessel is hampered by its fishing gear.’
Discussion
I agree with my correspondent. The Department’s position statement is not supported by reference to authorising law. The terms ‘Rescue Vessel’ and ‘special purpose (flashing) light’ do not appear in any of the Acts or regulations reviewed here.
The only clear statement is in the COLREGS that have been adopted into Queensland law and they allow for any light provided it cannot be confused with the lights prescribed under that law (which are generally steady and white, red, yellow or green). There may be a risk that a flashing yellow light could be confused with the yellow flashing lights required for hovercrafts and ‘Vessels engaged in fishing with purse seine gear…’ so the MSQ position statement may be an indication that MSQ will not consider the use of yellow lights by Marine Rescue organisations as a breach of the COLREGS.
Without legal authority or endorsement by MSQ, the use of coloured or flashing lights would have no meaning and other water users could not be expected to know what they mean. Presumably, given the MSQ position statement, boat users understand the yellow flashing light represents marine rescue. If the operator of a DCV chose to display a magenta light, no-one would know what to make of it.
Conclusion
With respect to lights – other than red, green, white or yellow – it appears that indeed a ‘DCV [Domestic Commercial Vessel] operating in Queensland Waters [is] permitted to display flashing lights of any colour’ provided they ‘cannot be mistaken for the lights specified in [the COLREGS] or do not impair their visibility or distinctive character, or interfere with the keeping of a proper look-out.’
This blog is made possible with generous financial support from the Australasian College of Paramedicine, the Australian Paramedics Association (NSW), Natural Hazards Research Australia, NSW Rural Fire Service Association and the NSW SES Volunteers Association. I am responsible for the content in this post including any errors or omissions. Any opinions expressed are mine, and do not necessarily reflect the opinion or understanding of the donors.
Australian Emergency Law 
Agreed but marine police should use BLUE ONLY…
also aviation rescue irefighting australia should not be using all red lights on their appliances. Like airport command vehicles they should be all blue. Why? Aviation again uses RED AND GREEN for Navigation and flashing red for anticolosion and lights underneath aircraft are rotating red beacons to notify ground crew the aircraft is turning on engines or about to move.
BY Airport firefighting vehicles using all red it is a clear conflict with both aircraft position lights of red Port and green starboard.
UK airports use all blue like their Metro appliances. But I believe red should not be used at all in airports by any vehicle let alone firefighting appliances.
Have you seen how the NSW Polair has ridiculous and what I believe are illegal Flashing red and blue lights underneath the Helicopter fuselage?
On PM Modis vip escort through sydney, the Polair clearly has flashing red and blue lights, no different to those on their vehicles.
Now I immediately know like airport’s, NSW police helicopters should not be displaying RED flashing with blue next to it underneath the Helicopter. As there is a Red static position light on the Port side of the heli, and a flashing red beacon on the tail boom. So I’m all for using an isolated BLUE ONLY Light for easier spotting of the helicopter… but its so obvious there should be no red flashing other than the anticolision red beacon or static port light.
I actually believe all emergency vehicles in Australia should be BLUE only with white auxiliary lights. Like Police in australia used to pre 1990. And look at the UK and Ireland of their vehicles and how effective the blue only is. Now with police, they could do the same as British police vehicles and have Red auxiliary REAR facing for fog or Emergencies. That come in with blue.. but blue is the main colour… and Forward facing is ALL Blue with aux White lights. Also the Blue colour lenses and leds used in the UK 🇬🇧 are manufactured specifically as a much darker blue than we use in australia. So you don’t need red for daytime visibility. The UK dark blue emergency lights are Bright and obvious in the day and superbly Bright at night.
THERE are American police switching to ALL blue lights as well by removing red lights and adding blue. Here is a link.
https://www.officer.com/vehicles-fleet/vehicles-equipment/lightbars-lights/article/21127879/the-move-to-blue-lights
I also hope Police Fire and ambulance here adopt a national Lime yellow green battenberg pattern like the UK. As tested its the most visible and safe livery markings on British Police fire and ambulances. At least Ambulance victoria and ambulance NSW NEED to retire the horrible and camouflage like Red white silitoe chequered pattern nsw abd red white blur stripes on vic. At least QLD SA and WA use the proper colour Ambulances should use as the international colour for medicine is GREEN. So at least nsw and vic Try a silitoe chequered or even better battenberg GREEN and Yellow hi vis markings. And fix their rear chevrons to be like SA ambulance with proper angles and like UK and take up the entire rear of vehicle.
But for now I hope one day Aviation firefighting is told not to use red emergency lights and go all blue as Red is a aviation COLORreg and used in almost every area of aviation.
NSW Polair really needs to remove the red leds underneath its Helicopter fuselages and leave the blue so it doesn’t allow for a confusion of navigation position lighting or anticolision lights. Hence why blue van stay all blue by itself as it is a auxiliary colour and not used on Aircraft.
I hope you agree. And see the UK blue colour manufactured DARKER blue should be a way to remove red from emergency vehicles in australia. And aviation fire to go all blue first as red is quite dangerous. YES Taxiways are blue lit buy only taxiways where red is used on aircraft as well as infrastructure.
thanks!
DEJAN