47Observer requirements for towing, wake boarding or wake surfing

#### 47 Observer requirements for towing, wake boarding or wake surfing 47 Observer requirements for towing, wake boarding or wake surfing > > (1) The operator of a vessel must not tow any person, or allow any person to wake surf or wake board from the vessel, unless— > > > > > (a) the operator has designated another person who is on board the vessel to act as an observer in accordance with this clause, and > > > > > (b) the operator has explained the duties of an observer (as set out in subclause (3)) to the other person, and > > > > > (c) the other person is qualified to act as an observer, and > > > > > (d) the other person is not under the influence of alcohol or any other drug. > > > > Maximum penalty—50 penalty units. > > > (2) For the purposes of subclause (1) (c), a person is qualified to act as an observer if that person— > > > > > (a) has attained the age of 16 years, or > > > > > (b) is the holder of a boat driving licence or a personal watercraft driving licence. > > > (3) An observer has the following duties— > > > > > (a) to face and watch the person being towed, > > > > > (b) to report to the operator of the vessel all matters affecting the safety of the person being towed and the safety of any other person affected by the towing operation. > > > (4) This clause does not apply to a personal watercraft operated by Surf Life Saving New South Wales or professional lifeguards for the purpose of undertaking rescues or surf rescue training. > > > (5) This clause does not apply to a personal watercraft being operated in open waters for tow-in surfing if there are no other surfboard riders present and the following conditions are complied with— > > > > > (a) the personal watercraft must be equipped with— > > > > > > > (i) a quick release floating tow rope with a minimum length of 7 metres, and > > > > > > > (ii) a two-way communication device, and > > > > > > > (iii) a rescue sled, and > > > > > > > (iv) a spare kill switch lanyard wrapped around the handlebars, and > > > > > > > (v) a toolkit, and > > > > > > > (vi) a bow tow-line with a minimum length of 7 metres, > > > > > (b) the operator of the vessel— > > > > > > > (i) must hold a current first aid certificate, and > > > > > > > (ii) must have passed a course or examination approved by Transport for NSW for the purposes of this paragraph, and > > > > > > > (iii) must carry dive fins and a safety knife on his or her person, and > > > > > > > (iv) must give right of way to all other boating and recreational activities, and > > > > > > > (v) must remain at least 200 metres from all other vessels and persons in the water, and > > > > > > > (vi) must not tow more than 1 person at a time, > > > > > (c) the surfboard rider— > > > > > > > (i) must hold a current personal watercraft driving licence, and > > > > > > > (ii) must hold a current first aid certificate, and > > > > > > > (iii) must wear an appropriate lifejacket, and > > > > > > > (iv) must have passed a course or examination approved by Transport for NSW for the purposes of this paragraph. > > **cl 47:** Am 2016 (613), Sch 1 \[10\] \[11\].