52Unsafe towing or pushing of boat or object

52  Unsafe towing or pushing of boat or object

 (i) another boat; or

 (c) the other boat or object is not secured to the boat.

 (i) another boat; or

 (c) the visibility from the boat is obscured by the other boat or object.

 (i) another boat (other than a tender); or

 (c) there is no other person who is:

 (i) in a position (in the boat or otherwise) to observe the other boat or object; and

 (ii) giving safety instructions to the person operating the boat.

 (4) Subsections (1) to (3) do not apply if the towing or pushing is occurring in a rescue.

Note: A defendant bears an evidential burden in relation to the matter in this subsection (see subsection 13.3(3) of the Criminal Code).

Division 3—Right of way rules

Subdivision A—General

53  Keeping out of the way and keeping course

 (1) If a boat is required to keep out of the way of another boat, then:

 (a) as far as is practicable, the boat must not cross ahead of the other boat; and

 (b) if the boat is a power boat, it must slow down, stop or reverse if necessary to avoid colliding with the other boat.

 (2) If a boat is required to keep its course, then the boat must keep its course and speed unless this could cause the boat to collide with another boat.

Note 1: An inspector may issue a direction to a person to follow the rules in this Division. Failing to comply with a direction is an offence (see section 89).

Note 2: A breach of a section in this Division may be dangerous to the public and could constitute an offence under section 51.

54  Exception for boat races

  This Division does not apply to a boat taking part in a boat race, in relation to another boat taking part in the race, to the extent that this Division conflicts with a rule approved for the race by the entity controlling the race.

Subdivision B—Specific right of way rules