102Certain vessels and persons exempt from requirements relating to boat driving licences

#### 102 Certain vessels and persons exempt from requirements relating to boat driving licences 102 Certain vessels and persons exempt from requirements relating to boat driving licences > > (1) A person is exempt from section 63 of the Act if the vessel that the person is operating— > > > > > (a) is not a personal watercraft, and > > > > > (b) is being operated at a speed of less than 10 knots. > > > (2) Subclause (1) does not exempt a person from section 63 of the Act if— > > > > > (a) the person holds a boat driving licence that is suspended, or > > > > > (b) the person has held a boat driving licence that has been cancelled and the person is disqualified from applying for another such licence. > > > (3) A person is exempt from section 63 of the Act if the person— > > > > > (a) is not ordinarily resident in this State, and > > > > > (b) has been operating power-driven recreational vessels in State waters for less than 3 months, and > > > > > (c) is licensed under the law of another jurisdiction to operate a vessel of the type concerned and is operating the vessel in accordance with the conditions of that licence to the extent that those conditions are capable of applying in this State, and > > > > > (d) is carrying that licence when operating the vessel, and > > > > > (e) produces the licence for inspection if required by an authorised officer. > > > (4) A person is exempt from section 63 of the Act in respect of the operation of a personal watercraft if the person— > > > > > (a) is eligible to obtain a personal watercraft licence, and > > > > > (b) is completing practical boating training conducted by a registered training organisation for the purpose of obtaining a personal watercraft driving licence, and > > > > > (c) is under the immediate supervision of a trainer 18 years of age or older who holds a valid personal watercraft driving licence and has held that licence for a period longer than 2 years. > > > (5) For the purposes of subclause (4) (c), a person is under the immediate supervision of another person if that other person is present on the personal watercraft and is able to immediately take control of the personal watercraft. > > Note. > > Section 63 of the Act requires persons operating power-driven recreational vessels as master to hold a boat driving licence. Sections 62 and 64 of the Act contain exemptions from that requirement and also enable the regulations to exempt vessels and persons from that requirement. > > **cl 102:** Am 2016 (613), Sch 1 \[19\].