Div 3Speed restrictions

Division 3—Speed restrictions 116—Speed restrictions (1) A person who operates a vessel at a speed in excess of 4 knots— (a) in or through a mooring area or boat haven; or (b) within 30 m of a jetty, wharf or other place at which a vessel is being removed from the water or placed into the water; or (c) within 30 m of any vessel that may be adversely affected by the wash of the vessel; or (d) within 50 m of— (i) a person in the water; or (ii) a vessel or buoy on which is displayed a flag indicating that there is a diver below (International Code Flag A); or (iii) a person in or on a canoe, kayak, surf ski, surfboard, sailboard, kiteboard or similar small unpowered recreational vessel; or (e) within 100 m of a ferry crossing, is guilty of an offence. (2) Despite subregulation (1)(a), but subject to any other provision of the Act, a person may operate a vessel within the marked channel in the Port MacDonnell Boat Haven at a speed not exceeding 7 knots. (3) A person who operates a vessel within the waters specified in Schedule 7 at a speed in excess of that applicable to those waters in accordance with that Schedule is guilty of an offence. (4) It is a defence to a charge of an offence under this regulation for the defendant to prove that the defendant was taking part in a rescue operation or otherwise acting in an emergency, or taking part in a surf lifesaving activity conducted by a surf lifesaving club. (5) This regulation does not apply in relation to an authorised person operating a vessel if— (6) In this regulation— boat haven has the same meaning as in Part 12. Division 4—Lifejackets and miscellaneous provisions 117—Lifejackets to be worn on certain vessels (1) Each occupant of— (a) a vessel (other than a vessel with an engine, a surfboard, surf ski or rowing shell) that can only carry the operator and no other person; or (b) a vessel that is not more than 4.8 m in length fitted with an engine; or (c) a paddle board or surf ski that is being operated 400 m or more from the shore; or (d) a surfboard, surf ski or similar vessel that is being operated in inland waters; or (e) a sailboard or kiteboard; or (f) a canoe or kayak (including a motorised canoe or kayak), rowboat or other similar small human‑powered vessel; or (g) a monohulled sailing dinghy or a similar small multihulled sailing vessel (being a dinghy or vessel that is not more than 6 m in length); or (h) a personal watercraft; or (i) a dragon boat, must, at all times while the vessel is underway or at anchor, wear— (j) in the case of a vessel being operated in unprotected waters— (i) if the vessel is a canoe or kayak (including a motorised canoe or kayak), rowboat or other similar small human‑powered vessel—a lifejacket level 100 or above or lifejacket level 50; or (ii) in any other case—a lifejacket level 100 or above; or (k) in the case of a vessel (other than a personal watercraft or rowboat) that is being operated in semi‑protected waters—a lifejacket level 100 or above, lifejacket level 50 or lifejacket level 50S; or (l) in the case of a sailboard or kiteboard— (i) being operated more than 400 m from the shore—a lifejacket level 100 or above; or (ii) being operated not more than 400 m from the shore—a lifejacket level 100 or above, lifejacket level 50 or lifejacket level 50S; or (m) in the case of a personal watercraft—a lifejacket level 50 or lifejacket level 50S; or (n) in the case of a paddle board or surf ski being operated more than 400 m from the shore—a lifejacket level 100 or above, lifejacket level 50 or lifejacket level 50S; or (o) in the case of a dragon boat— (i) that is being operated in unprotected waters—a lifejacket level 100 or above or lifejacket level 50; or (ii) in any other case—a lifejacket level 50 or lifejacket level 50S; or (p) in any other case (other than a rowboat)—a lifejacket level 100 or above, lifejacket level 50 or lifejacket level 50S. A lifejacket must be of an appropriate size and properly adjusted for the person who is wearing or will be wearing the jacket—see regulation 3(7) and (8). A lifejacket that is designed to inflate and that has been so inflated must be serviced in accordance with the manufacturer's instructions before being used again—see regulation 3(9). (2) In circumstances of heightened risk, each occupant in the open area of a vessel of not less than 4.8 m but not more than 12 m in length must, at all times while the vessel is underway or at anchor, wear— (a) in the case of a vessel that is being operated in unprotected waters—a lifejacket level 100 or above; or (b) in any other case—a lifejacket level 50 or lifejacket level 50S. (3) If subregulation (1) or (2) is contravened by an occupant of a vessel other than the operator, the operator of the vessel is guilty of an offence. (4) If each occupant of or under 12 years of age— (a) of a vessel that is not more than 4.8 m in length fitted with an engine; or (b) in the open area of a vessel of not less than 4.8 m but not more than 12 m in length, is not, at all times while the vessel is underway or at anchor, wearing— (c) in the case of a vessel that is being operated in protected waters—a lifejacket level 50 or lifejacket level 50S; or (d) in any other case—a lifejacket level 100 or above, the operator of the vessel is guilty of an offence. (5) Subregulations (1) and (4) do not apply if the occupant of the vessel is being towed (in which case the requirements under regulation 122 apply). (6) The operator of a vessel of not less than 4.8 m but not more than 12 m in length, may, if it is reasonable to do so in the circumstances, direct an occupant who is in an open area of the vessel while the vessel is underway or at anchor to wear a lifejacket level 100 or above, lifejacket level 50 or lifejacket level 50S, and if an occupant fails to comply with the direction, the occupant is guilty of an offence. (7) For the purposes of subregulation (2), a vessel will be taken to be in circumstances of heightened risk if— (a) the vessel carries the operator and no other person; or (b) the vessel carries only the operator and a child or children of or under 12 years of age; or (c) the vessel is being operated between the hours of sunset and sunrise; or (d) the vessel is crossing a bar; or (e) the vessel is disabled so as to be incapable of making its way through water; or (f) the vessel is operating in conditions of restricted visibility; or (g) the vessel is operating in an area in relation to which a weather warning of any of the following kinds has been issued by the Bureau of Meteorology: (i) gale warning; (ii) storm force warning; (iii) hurricane force wind warning; (iv) severe thunderstorm warning; (v) severe weather warning. 118—Personal watercraft must display approved notice (1) A personal watercraft must not be operated in the jurisdiction unless a notice specifying obligations of operators of personal watercraft (in a form and containing the information approved by the CE) is affixed to the vessel so as to be clearly visible and legible, in daylight, from the steering position of the vessel. (2) If a personal watercraft is operated in contravention of subregulation (1)— (a) the registered owner; and (b) if the operator is a person who is required to hold a boat operator's licence—the operator, of the vessel are each guilty of an offence. 119—Personal watercraft only to be used during certain hours (1) Subject to this regulation, a person must not operate a personal watercraft— (a) after sunset or 8 pm (whichever is the earlier) on any day; or (b) before 9 am on a Sunday or before 8 am on any other day. (2) A person may operate a personal watercraft on the River Murray for the purpose of towing another person at any time between sunrise and sunset on any day. (3) It is a defence to a charge of an offence under this regulation for the defendant to prove that the defendant was taking part in a rescue operation or otherwise acting in an emergency, or taking part in a surf lifesaving activity conducted by a surf lifesaving club. 120—Means of escape The operator of a vessel must ensure that all hatches and doors on the vessel are kept unlocked and are clear of obstruction at all times while the vessel is underway. 121—Excess persons on vessel (1) The operator of a vessel must ensure that the number of persons carried on the vessel does not exceed such number as can be carried safely in all the circumstances, and in any case must not exceed the maximum number— (a) in the case of a vessel fitted by the manufacturer with a compliance plate stating the maximum number of persons that may be safely carried as determined in accordance with AS 1799.1—stated on that plate; or (b) if no such compliance plate is fitted but the vessel is fitted with an Australian Builders Plate—stated on the Australian Builders Plate; or (c) if neither a compliance plate nor an Australian Builders Plate is fitted to the vessel—specified in Schedule 8 in relation to a vessel of the relevant class. (2) The operator of a vessel must not cause or permit a load to be carried on the vessel while it is underway or moored greater than can safely be carried in all the circumstances. Division 5—Water skiing and similar activities 122—Obligations of person towed by vessel (1) No more than 1 prescribed device may be towed by a vessel at any one time. (2) No more than 3 persons may be towed by a vessel (whether on a prescribed device or not) at any one time. (3) A person who is being towed by a vessel must wear a lifejacket level 50 or lifejacket level 50S. (4) A person must not be towed by a vessel between sunset and sunrise. (5) A person must not be towed by a vessel unless another person (the observer) on the vessel is continuously observing the person being towed and giving such directions to the operator of the vessel as may be necessary to prevent injury or risk of injury to the person being towed or to other persons. (6) The observer must not be the operator of the vessel. (7) Either— (a) both the operator of the vessel and the observer must be not less than 16 years of age; or (b) the observer must hold a special permit issued under regulation 73 and the operator of the vessel must be not less than 18 years of age. (8) The CE may, subject to such conditions as the CE thinks fit, exempt a person from any of the requirements of this regulation. (9) If this regulation is contravened, the operator of the vessel, each person being towed by the vessel (whether or not on a device), and the observer (if any) are each guilty of an offence. (10) In this regulation— prescribed device means a device (whether inflatable or otherwise)— (a) that is designed, constructed or adapted to be towed behind a vessel while carrying a person or persons; and (b) the direction of which is not capable of being effectively controlled by a person being so towed. Examples of a prescribed device include an inner tube or a device commonly known as a donut. Examples of items that are not prescribed devices include water skis, kneeboards and wakeboards. 123—Obligation of person being towed If a person being towed by a vessel falls into the water, the person must, if practicable, hold an arm, ski or other device vertically in the air to signal their presence. 124—Obligation of operator of vessel towing a person (1) The operator of a vessel that is towing a person must, in any area being used by more than 1 vessel for the purpose of commencing or finishing towing of a person— (a) on leaving such an area— (i) keep the vessel to the starboard side of the waterway; and (ii) keep the vessel clear of any vessel returning to the area; and (b) on returning to such an area— (i) access the area from the starboard side of the waterway; and (ii) clear the area as soon as is reasonably practicable after finishing towing the person. (2) The operator of a vessel that has finished towing a person must, before returning to any area being used by more than 1 vessel for the purpose of commencing or finishing towing of a person, ensure that all apparatus used in connection with towing the person is back on board the vessel and is not trailing in the water or outside the vessel. (3) This regulation is in addition to, and does not derogate from, any other requirement the operator must comply with under the Act or these regulations in relation to the operation of the vessel. 125—Obligation of operator of vessel around water skiers etc (1) The operator of a vessel (being a vessel that is not towing a person) must, on leaving or returning to an area being used by more than 1 vessel for the purpose of commencing or finishing towing of a person, keep the vessel clear of any vessel towing a person in the area. (2) This regulation is in addition to, and does not derogate from, any other requirement the operator must comply with under the Act or these regulations in relation to the operation of the vessel. 126—Operating another vessel too close to person being towed (1) A person who operates a vessel within 100 m directly behind a person who is being towed by another vessel is guilty of an offence. (2) This regulation is in addition to, and does not derogate from, any other requirement the operator must comply with under the Act or these regulations in relation to the operation of the vessel.