Bridge Restricted Area and a Paid Photo Trip
At 1745 you are operating a 9 m open speedboat with six passengers on a 'sunset photo trip' near the Hong Kong–Zhuhai–Macao Bridge. The vessel is licensed as a Class III pleasure vessel for private use. The owner has advertised the trip on social media at HK$400 per person and has collected payment. You hold a Pleasure Vessel Operator's Certificate but no passenger-carrying licence. The vessel's third-party insurance covers private pleasure use only. To get a clear view, you cross a line of yellow special buoys marking a restricted area around the bridge's western approach, pass within 50 m of a construction barge, and increase speed to 18 knots in a 10-knot speed-limit area. A Harbour Patrol launch signals you to stop. The VHF is on channel 16; you have not spoken to VTS. One passenger is not wearing a lifejacket; there are seven adult lifejackets on board.
1. Identify the regulatory breaches and explain why each matters.
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Several separate breaches are apparent. Carrying six passengers for payment makes this a commercial passenger operation, but the vessel is licensed only as a Class III pleasure vessel for private use and you hold a PVOC, not a passenger-vessel certificate. The private-use third-party insurance does not cover the commercial carriage of passengers, so the vessel is effectively uninsured for this trip. Crossing the yellow special buoys into the bridge restricted area, passing within 50 m of a construction barge and doing 18 knots in a 10-knot limit are breaches of the port and works-area rules and create a serious risk of collision or injury. The passenger without a lifejacket is a safety failure, even though there are seven lifejackets on board. Failure to monitor VTS and announce intentions in a busy bridge approach adds to the risk.
2. What should you do when the Harbour Patrol signals you to stop, and what documents should you be ready to produce?
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Reduce speed immediately, acknowledge the patrol, and stop in a safe position clear of the channel and the construction area. Do not try to outrun the patrol or put passengers ashore in an unsafe place. Have ready the vessel licence, registration, PVOC, insurance certificate and any passenger list. Cooperate with the officers, answer questions factually, and follow directions to a safe berth or landing. Make sure the passengers are safe and lifejackets are worn while the vessel is moving. If the patrol directs you to proceed to a berth, keep a slow speed and a proper lookout. The time to explain or dispute the licensing position is later, not by resisting at the scene.
3. What would have been the correct planning and legal steps for this trip?
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Before advertising or accepting payment, the operator should have used a vessel licensed for passenger carriage, with a certified coxswain and crew, passenger liability and third-party insurance, and the correct number of lifejackets for all on board. Check notices to mariners and the bridge restricted-area limits, plan a route outside the yellow special buoys and construction zones, and observe the 10-knot speed limit. Brief passengers on lifejackets and safety, check the weather and tide, and monitor VTS on the correct channel before entering the approach. If the vessel is a private pleasure vessel, it must not be used for hire or reward; the trip should be cancelled or rebooked on a properly licensed passenger vessel.