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