Unsafe modification to boat conviction overturned
8 November 2012
A Roads and Maritime Services (RMS) spokesperson today said a 31year old boat builder from Bayview had his conviction overturned for making modifications which were so extensive the stability of his vessel was compromised.
“The Bayview man had his conviction of owning an unsafe vessel quashed on appeal,” the spokesperson said.
“In June, the Parramatta Local Court upheld Roads and Maritime Services (RMS) findings the 4.8 metre boat was unsafe under new unsafe vessel provisions.
“The court found the modifications changed the vessel’s centre of gravity to such a degree the stability of the vessel was compromised.
“The appeal in October heard in the Penrith District Court with the judge finding the Bayview man did not have reasonable knowledge the vessel was unsafe.
“While the judge found the vessel was objectively unsafe, it could not be proved the appellant knew or ought reasonably to have known,” the spokesperson said.