87Dangerous operation of a recreational vessel or hire and drive vessel

87 Dangerous operation of a recreational vessel or hire and drive vessel S. 87(1) amended by No. 36/2013 s. 56(1). (1) A person must not operate a recreational vessel at a speed or in a manner which is dangerous to the public, having regard to all the circumstances in the case. 1. 240 penalty units or imprisonment for 2 years. (2) Subsection (1) does not apply to a person who is complying with section 91. S. 87(2A) inserted by No. 36/2013 s. 56(2), amended by No. 55/2017 s. 12(2). (2A) A person must not operate a recreational hire and drive vessel at a speed or in a manner which is dangerous to the public, having regard to all the circumstances in the case. Penalty: 240 penalty units or imprisonment for 2 years. S. 87(2B) inserted by No. 36/2013 s. 56(2). (2B) Subsection (2A) does not apply to a person who is complying with a requirement under the Marine Safety (Domestic Commercial Vessel) National Law. S. 87(3) amended by Nos 78/2011 s. 21, 36/2013 s. 56(3). (3) The owner of a recreational vessel must not operate, or cause or allow a person to operate, the vessel if the owner knows that it is an unsafe vessel. S. 87(4) amended by Nos 78/2011 s. 21, 36/2013 s. 56(4). (4) The master of a recreational vessel or recreational hire and drive vessel must not operate, or cause or allow a person to operate, the vessel if the master knows that it is an unsafe vessel. (5) On conviction for an offence under this section, the court must— (a) in the case of an offender who holds a marine licence under Part 2, cancel that licence and disqualify the offender from obtaining a licence for the time (not being less than 6 months) that the court thinks fit; or (b) in the case of an offender who does not hold a marine licence under Part 2, disqualify the offender from obtaining a licence for the time (not being less than 6 months) that the court thinks fit. S. 87(6) inserted by No. 55/2017 s. 12(3). (6) In this section— ***operate*** means to facilitate or control the movement or navigation of a vessel (or a thing connected to a vessel) including a vessel that is— (a) at anchor; or (b) made fast to the shore; or (c) aground. S. 87(7) inserted by No. 55/2017 s. 12(3). (7) For the purposes of this section, a person does not operate a vessel solely because the person is in charge of the vessel.